125.6336/3–249: Telegram
The Secretary of State to the Consul General at Peiping (Clubb)26
103. Dept increasingly apprehensive continuing absence communications from Mukden and persistent reports Comm restrictions on staff and desires you seek interview at earliest opportunity with highest Comm authority available to convey message along following lines (message may be delivered orally or in form unsigned memorandum in your discretion but you should state orally that you are conveying message on behalf US Govt):
Long experience has shown desirability of and international custom has sanctioned continued exercise by resident foreign consuls of their legitimate and proper functions within their consular districts even during periods of non-recognition betw[een] govts. Such functions relating as they do principally to assistance to nationals and facilitating international trade through certification of invoices, assisting merchant shipping and similar duties are generally recognized as benefitting local population as well as country on whose behalf they are exercised and have no relation to recognition as is evidenced by general international practice. It is recognized that confusion arising from transfer administrative control or continuance of military operations in specific areas may temporarily prevent consular officers from communicating with their Govt but it is noted that ConGen Mukden was allowed continue use its transmitter for several weeks during period military operations and it was not until this phase passed that restrictions placed ConGen. The extraordinarily long period which has now passed without communication of any kind from ConGen Mukden and persistent though unconfirmed reports of confinement UG consular personnel to their residential quarters have given rise to serious concern on part US Govt and people re welfare consular staff. US Govt is reluctant believe it established policy Comm authorities impose arbitrary restrictions US consular officers in total disregard international comity and practices but under circumstances must inquire whether ConGen staff is in fact confined, whether they are being otherwise prevented from performing their legitimate and proper duties and what arrangements have been or are being made for resumption of communications with ConGen Mukden.
In conveying foregoing you should request prompt reply.
Both Peiping and Hong Kong should take action outlined above.
At same time ConGen Peiping should in his discretion inform Comms that Manhard assigned Mukden replace member of staff there and request provision facilities travel Manhard [to] Mukden accompanied by another member Peiping staff. Dept believes it desirable [Page 944] leave choice latter to ConGen Peiping and decision regarding person whom Manhard would replace to ConGen Mukden. Transfer of member Mukden staff replaced by Manhard would be arranged after arrival Peiping. Person designated by Peiping accompany Manhard would return from Mukden in company person Manhard replaces. Before departure Manhard and companion you should of course obtain firm assurances latter and person relieved Mukden will be allowed return. Report action taken foregoing and name person designated accompany Manhard.
- Repeated to the Ambassador in China as telegram No. 285, to the Consul General at Hong Kong as telegram No. 118, to the Minister-Counselor of Embassy in China as telCan No. 38, and to the Consul General at Shanghai as telegram No. 390.↩