793.003/989: Telegram
The Secretary of State to the Ambassador in the United Kingdom (Winant)
5605. Your 6204, November 5, 5 p.m. Please inform Mr. Eden informally that before presenting our draft treaty on extraterritoriality to the Chinese we gave careful consideration to the subject which he has raised and that our general thought on this subject is as follows:
One of the fundamental concepts we have had in mind in regard to the proposed treaty is that it should be confined in general to the question of extraterritorial jurisdiction and immediately related questions. In addition we have felt that the treaty should be along broad lines and in general should be of a character which would meet with prompt support in China and in the United States. We have included [Page 344] in our draft treaty provisions which would give new rights in China to American nationals only in those few instances in which such provisions would not be likely to conflict with this approach.
To endeavor to cover the subject mentioned by Mr. Eden would, we believe, cause delay in concluding the treaty and would raise in the United States because of the provisions of some state laws difficult questions relating to state and federal jurisdictions. In the modern treaties concluded by this Government, questions relating to real property are covered by very detailed and precise provisions. In most cases the question of ownership of real property is not covered. When it is covered, the provisions are of a specialized character. We are accordingly of the opinion that it would be preferable to hold in abeyance questions relating to this whole matter for possible inclusion in the comprehensive treaty which we contemplate concluding at a later time with the Chinese and if decision is then made to include the subject to determine at that time the form and character which provisions on this subject might most advantageously take.