811.203/220: Telegram
The Ambassador in China ( Gauss ) to the Secretary of State
[Received 10:50 a.m.]
169. Reference further to your 18, January 4, 7 p.m. Foreign Office after consulting Military Affairs Commission is agreeable to proposed informal exchange of notes with following suggested amendment and addition:
- 1.
- In the fourth paragraph where it is provided that trial will be conducted “in open court and within reasonable distance from place where offense is alleged to have been committed” insert the words “in China” after the words “in open court.”
- 2.
- Add paragraph along the following lines between fifth and sixth
paragraphs of our draft:
“Inasmuch as the interests of our common cause will be best served if such arrangements as may be agreed upon between the Government of the United States and the Government of China as regards the jurisdiction over American forces in China are equally applicable in the case of Chinese forces which in the course of war against our common enemies may be stationed in territory under American jurisdiction, the Government of the United States will be ready to make like arrangements to ensure to the Chinese forces which may be stationed in territory under American jurisdiction a position corresponding to that of the American forces in China.”
It is admitted informally that this provision for reciprocal treatment is a matter of face. It is suggested that proposed additional paragraph might be shortened along the following lines:
“Inasmuch as the interests of our common cause will best be served by provision that the foregoing arrangement may be placed on a reciprocal basis, it is agreed that the Government of the United States of America will be ready to make like arrangements to ensure to such Chinese forces as may be stationed in territory under American jurisdiction a position corresponding to that of the American forces in China.”
Please instruct.