793.003/1010: Telegram

The Secretary of State to the Ambassador in China (Gauss)

1152. Your 1385, November 24, 1 p.m. In the light of Dr. Soong’s statements on the subject of the draft treaty on extraterritoriality, especially those in regard to his instructions to the Chinese Ambassador here, it is believed that the negotiations may be regarded for all practical purposes as having been concluded. While it will not be possible to sign the treaty today or within the next few days because we must meanwhile obtain formal acceptance by the Chinese of our reply to their document of November 10, it is suggested that the purposes which Dr. Soong seems to have in mind in connection with the current session of the Central Executive Committee might be served by announcement by the Generalissimo at the final meeting of the Committee on November 28 to the effect that the negotiations have been concluded and that this Government and the Chinese Government are in agreement in regard to the draft text of the treaty.

We expect to hand to the Chinese Embassy here on Friday, November 27, our reply to their document of November 10. Our reply will represent a most earnest effort to meet Chinese wishes. Our counter-suggestions are largely concerned with matters of phraseology and, except possibly for questions of coasting trade and inland navigation (which have not been discussed in any detail with Chinese representatives here), our impression from our discussions with the Chinese is that our counter-suggestions will be readily acceptable to the Chinese. Our suggestions in regard to coasting trade and inland navigation were formulated in the light of Chinese insistence that these questions be covered in the draft treaty or notes supplemental thereto. We believe that they also should be acceptable to the Chinese, but if not these two matters can well be reserved for negotiation in connection with the comprehensive treaty on commerce, navigation, et cetera which the two Governments expect to conclude subsequently, especially as they have no actual relation to the question of extraterritorial jurisdiction and would much more appropriately fall within the purview of the contemplated comprehensive treaty.

Hull