123 [Colling, Guy Thomas]: Telegram
The Secretary of State to the Consul General at Shanghai (Cabot)60
1259. Reurtel 2408 Jun 22. In absence violence Colling acting in official capacity and consequently, in accordance with normal rule of Internatl Law, action was that of sovereign US which is not amenable to jurisdiction of local authorities. Status as clerk not material as long as Colling acting in official capacity. In view above, suggested Colling not appear before local authority as recommended. Suggest instead you address informal communication in ur discretion to local authorities substantially as fols:
“(Give brief statement facts incident).
Since Colling did not use any violence against Chen and was acting in official capacity as representative of US ConGen Shanghai, does not appear there is need or occasion for Colling to appear before Commissioner.
As municipal authorities undoubtedly aware, official actions of a sovereign govt are not, under universally accepted principles of Internatl Law, cognizable by courts of another authority.”
It is suggested that at same time a member of your staff get in touch with Chief of Alien Affairs Bureau and acquaint that official with [Page 1176] whole matter. Corresponding action should be taken by Emb at Nanking.
- Repeated to the Ambassador in China as No. 727.↩