Foreign Relations of the United States, 1949, The Far East: China, Volume VIII

123 Ward, Angus I.: Circular telegram

The Secretary of State to Certain Diplomatic Representatives ⁶⁰

Washington, November 18, 1949—10 a. m.

Pls pass urgently fol personal msg to the FonMin from SecState Acheson:

“I wld like to emphasize the importance of concerted action by those countries which respect internatl law to protest the treatment being accorded U.S. consular personnel in Mukden, China. Since late Nov 1948 the entire U.S. consular staff and their families have been detained under house arrest inside the consular compounds. All communications between the staff and the U.S. Govt have been strictly controlled by the local auths, and there was one period of almost 7 months when no communication of any kind was possible. At the present time communication is permitted only at the will of the local auths, and it is not possible for the consular staff to report their situation in an effective manner.

Because of this kind of treatment it was impossible for the Consulate to perform any of its functions, and on May 19, 1949⁶¹ the U.S. ConGen at Peiping under instrs from the U.S. Govt notified the appropriate auths there that the Consulate was being closed and asked that arrangements be made for the safe exit of the consular personnel and their families. On June 21, 1949⁶² the Commie auths at Mukden notified the ConGen that he and his staff wld be permitted to depart and that transportation facilities wld be made available.

These assurances have not been honored. On Oct 25⁶³ the Chi Commie press and radio announced that ConGen Angus Ward and four members of his staff had been arrested on Oct 24, 1949. So far as is known, they have been in prison since that time. The local auths at Mukden have not permitted the consular staff to make a report concerning the facts in the case. So far as this Govt has been able to determine, the consular staff has not been permitted to get in touch with Mr. Ward or the four members of his staff and has not been informed of the date of any hearings which may be held or permitted to make arrangements to protect Mr. Ward’s interest at such hearings. This Govt has not been informed in any way, except by press and radio reports, of the reasons for the arrest of Mr. Ward and the four members of his staff. The efforts of the U.S. ConGen at Peiping to determine the facts in the case and secure the release of Mr. Ward and the others have been completely ignored.

The internatl practice of civilized countries for many years has recognized that consuls shld be accorded all the privileges necessary for the proper conduct of their duties. Although consuls do not have dipl immunity, it has been the universal practice, because of the public and official character of their duties, to permit them and their staff freedom of movement, and in the event that any criminal charge is made, to permit them to remain at liberty on proper arrangements for bail, with unlimited freedom to communicate with their gvts with respect to official business.

The treatment accorded to Mr. Ward and to the Amer consular staff in Mukden is in direct violation of the basic concepts of internatl relations which have been developed throughout the centuries. As such, it is of direct and immed concern to all countries interested in dipl intercourse, particularly to those with missions or consulates in China. I ask you, as a matter of urgency, to express to the highest Chi auths in Peiping through such channels as may be available to you the concern which your Govt undoubtedly feels over the treatment of the Amer consular staff in Mukden who have been arbitrarily deprived of their freedom for one year.

I am sending a similar communication to the FonMins of other countries which have reps in China.”

Account fluid situation and recent departure many Fon officials from China, in case you uncertain first discreetly ascertain whether country to which you accredited actually has dipl or cons reps in Commie China. If negative, of course take no action.

In transmitting this request to FonMin you shld suggest that if his Govt does not have representation Peiping he shld transmit his message to his Govt’s dipl or cons rep Nanking or Shanghai, sending such msgs by commercial facilities in plain language text.

For urinfo and guidance and for use in discussion with FonMin, if this approach does not produce results within reasonable period of time Dept will expect ask FonMin make public his Govt’s approach in this matter.

You shld keep Dept informed of action taken by Govt to which you are accredited and transmit to Dept substance or full text of note or msg sent by FonMin to his rep in China.⁶⁴

Dept does not consider approach envisaged this tel can give rise to implication of recognition.

Acheson

60. The representatives at Ankara, Athens, Bangkok, Bern, Brussels, Cairo, Canberra, Caracas, Copenhagen, Habana, The Hague, Lima, Lisbon, London, Manila, Mexico City, New Delhi, Oslo, Ottawa, Panama City, Paris, Rangoon, Rome, Stockholm, and Vienna. A similar circular telegram dated November 19, 1 a. m., was sent to representatives at Bucharest, Moscow, Praha, Sofia, and Warsaw.
61. See telegram No. 876, May 21, 10 a. m., from the Consul General at Peiping, p. 957.
62. See telegram No. 1353, June 23, from the Ambassador in China, p. 971.
63. See telegram No. 1827, October 26, from the Consul General at Peiping, p. 984.
64. Of the 18 countries having representation in Communist-occupied China, 15 protested or agreed to protest (Australia, Austria, Belgium, Canada, Denmark, Egypt, France, Greece, India, Italy, Netherlands, Norway, Philippines, Sweden, and Switzerland); 2 were sympathetic but made no protest (Portugal and the United Kingdom); 1 made no protest (USSR). Twelve countries without representation in Communist China did not take action on the Department’s circular telegram (Bulgaria, Burma, Cuba, Czechoslovakia, Mexico, Panama, Peru, Poland, Roumania, Thailand, Turkey, and Venezuela).