711.932/3–545: Telegram

The Chargé in China ( Atcheson ) to the Secretary of State

366. We have received Department’s airmail instruction 48, February 16 enclosing revised draft.

In order to avoid further delay in presentation we refrain from taking [making] comments as to details at this time. We would, however, request that the Department indicate clearly whether it is intended by the provisions of paragraph 2 of Article II to grant to Chinese the right to engage in the United States in all types of “commercial, manufacturing, processing, financial, professional, scientific, educational, religious, and philanthropic work”. If so, also please instruct us whether we should be authorized to inform the Chinese that the treaty provisions would override state legislation affecting the right of Allies [aliens?] to engage in these various activities. The Chinese are certain to make inquiry and this to our minds is a most important point to be clarified.