702.0093/11–1949: Telegram
The Consul General at Peiping (Clubb) to the Secretary of State
[Received November 19—4:47 a. m.]
2043. Consuls met yesterday regarding question land registration (reContel 2029, November 1837). It was agreed most recent development required action and that it should not be taken vis-à-vis Land Bureau instead Chou En-lai. It was considered that particularly because of desirability effecting initial clarification of relations of Consulate to matter in point, parallel letters of acknowledgment should early be directed Land Bureau acknowledging receipt communications, noting that real property at such and such addresses (including those which might be unnamed in Bureau’s letter) belong blank government, stating that Consulate would be able act in matter only as “official representative” of that government and instructions were being requested from his government and new communication would be sent when such instruction received. It is planned meet November 21 to reach final decision against background information which may be received in interim from Tientsin with letters to be sent out immediately thereafter. Consulate titles would not be used in signature but text of letter would, as indicate, make clear that person signing was acting only in official capacity. Further agreed most desirable Consulates take parallel action re matter in point.
Mytel 2035, November 18.37 Note that form does not name “owners” but only “user” and “applicant”. Consulate agreed that under heading “user” and “applicant” should be set forth name government and that [Page 1117] agent would be consular official. Other Consulates found no objection agent signing form without title but note reputed requirement Tientsin that British Consul in signing as agent should also affix personal Chinese seal. Believe proper position would be that any seal used could only be official Consulate seal. Would be prepared agree that if user and applicant were alike stipulated to be American Government, agents might forego insistence on affixing his title since if local authorities were prepared accept unfrozen agency without protest, presumably omission of title would not constitute our acquiescence in non-official and private status agent. However, request answer particularly on this.
Trouble has reputedly been met Tientsin due demand Land Bureau information submitted on form dictated manner. I feel that application might be submitted in any form applicant found fit and that it would only be after acceptance that Bureau would legally be entitled challenge position indicated by applicant. Therefore believe that application should not be worded to meet Bureau’s political desires, that unless authorities prepared accept form as submitted by Consuls, Bureau’s rejection of form should be viewed as refusal to consider application.
Mytel 2030, November 18.38 Believe that on completion form Article 2 of 1943 treaty39 should be cited as basis title, thus making direct issue of validity that treaty. Believe it will be necessary inform Land Bureau at time impossible give all requested data within time limit set. However, if matter made issue include west Glacis on ground that it constituted part of “the land which has been allocated to Government USA in diplomatic quarter Peiping on parts of which are located buildings belonging to Government USA”.
Assume it would be necessary effect detailed survey before there could be determined, for instance, value land, buildings and total value real property involved. Believe forms should be submitted by November 26, if possible. Please instruct priority.
In view felt desirability united stand, Department and Nanking may desire consult representatives concerned governments.
Sent Department 2043; Department pass Shanghai 1202, Tientsin 99, Nanking 1166.