123 Stuart, J. Leighton: Telegram
The Ambassador in China (Stuart) to the Secretary of State
[Received July 24—3:51 a. m.]
1603. Fugh saw Huang Hua this morning preparatory to a conference with me Monday afternoon 4 o’clock (4 a. m., Washington time) to discuss my departure, principally question of “shop guarantees”. After Fugh had restated US position (see Deptel 833, July 15), Huang replied that Communists feel that they had already made great and special concessions my case in permitting me to leave with confidential mail, immunity from baggage search and waiver of any guarantee; that to deviate further from a procedure which they have established for exit of foreigners during transitional period of non-recognition would establish precedent for other foreign diplomats for which they are unprepared. He begged Fugh to impress upon me their own dilemma and to express the hope that we would help them in finding satisfactory solution. Huang Hua feels that he has made every possible concession to facilitate my departure and I am inclined to believe that within the framework of his own limitations this is true. The principal point at issue was requirement of “shop guarantee” for other members of my party which he insists is only a formality and should not be magnified by US into a major controversy. (See Embtel 1590 July 23).
Certainly our case before the Chinese people and in world public opinion is considerably weakened in light of concessions already [Page 800] made for Chief of Mission. The local authorities have already agreed that “an American” can sign as guarantor. We now find that American Foreign Service and army officers leaving Peiping in March and April complied with requirement of “shop guarantee” in order to exit Communist China under Department’s instructions (i.e., for man transferred to Shanghai, Major Moyer32 transferred to Nanking), also that members of ConGen staff Shanghai going on leave under orders have already obtained “shop guarantees” pursuant to local requirements which are similar to those in Nanking. The only Chief of Mission leaving Nanking with permission to exit China (Afghanistan Minister) complied with “shop guarantee” requirement to extent of having his Chargé sign guarantee.
We recognize force of the Department’s arguments in its telegram 833 and the dangers which compliance with these requirements might hold for other American officials. On the other hand it should be considered that a rigid adherence to our stand may in itself act as a barrier to the exit of any US official personnel for an indefinite period through their inability to comply with exit requirements. As of [for] Mukden, Ward reports that members his staff are planning depart for Peiping next week and has reported no trouble over their exit permits. Among my colleagues I find that their principal concern has been over treatment Chief of Mission and I am inclined to believe that they would not consider it unreasonable if members of their staff obtained a guarantee. Thus we may well find that regardless of our position many others will comply with the guarantee requirements for members of their staffs. The mere fact of my exit without a guarantor would be a welcome precedent for my colleagues. Department should therefore consider possibility that at a later date it may be compelled by general procedure to reverse its position and accede to Communist demands in order to enable members Foreign Service to depart and that it may face a morale problem of critical proportions among its personnel in China, once transportation is available.
In light of the above and desirability of my departure in compliance Department’s instructions at earliest possible date I recommend I be authorized to tell Huang when I see him tomorrow afternoon that as a special concession my Government has agreed that the Embassy Nanking will act as guarantor for the other members of my party. This in effect is what the Embassy would normally do in an informal manner for any members of its staff who inadvertently might have left debts or other unsettled obligations and would seem the most appropriate exit from the present impasse. If Huang agrees this arrangement and we thus reach solution on basis of mutual concessions, I feel that it will have a beneficial effect not only upon the [Page 801] Embassy’s relations with him in future but also on position of Americans generally in this area. Department will appreciate need for most urgent reply if I am to discuss matter with Huang Hua Monday afternoon on any new basis.
- Maj. Maynard G. Moyer, on duty in China for the Department of the Army.↩