The Ambassador in China (Gauss) to the Secretary of State
[Received May 3.]
Sir: With reference to my telegram no. 663 of April 15, 5 p.m., in regard to the commercial treaty to be negotiated between the United States and China, I have the honor to enclose for the confidential information of the Department, copy of a memorandum submitted to me by Third Secretary Freeman of the Embassy …
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Of special interest is the proposal that the treaty shall provide for Americans the same rights as nationals of China in regard to patents, trademarks, and copyrights. Mr. Freeman did not see the article of the treaty but his informant stated directly what the treaty provided on the subject.[Page 1016]
The reference to the activities of missionary organizations is also of interest; also the comment on coastal trade.
There was, however, no discussion on or reference to the subject of trading rights of foreign nationals—on the commercial aspects of the treaty which are of vital importance to American interests.
I have suggested in my telegram to the Department that we get on with the drafting of our treaty, in order that such draft may be presented in the near future.
It appears from Mr. Freeman’s memorandum that the Ministry of Justice was instructed to hasten its examination of the Foreign Office draft. As we know that Dr. Wei Tao-ming is shortly to return to his post as Ambassador at Washington, it is likely that the Foreign Office wishes to complete the examination of the draft in order that it may be carried back by Dr. Wei.
I have, from time to time, had some casual conversation with the Director of the Treaty Department of the Foreign Office, in regard to the treaty work on which he is engaged, and have known from him that studies were being made for the new Sino-American commercial treaty; but, heretofore, nothing has come to us to suggest what the Chinese draft would cover.
Needless to say, the Embassy hopes that the source of Mr. Freeman’s information will be carefully protected.