125.7141/1–1050
Memorandum by the Acting Secretary of State to the President 1
Subject: Chinese Communist Intention to Requisition U.S. Government Property in Peiping
Problem
What steps the United States is prepared to take in reaction to the Chinese Communist notification of intention to requisition by January 13 the former military barracks area of the American Consulate General compound in Peiping.
Discussion
On January 6 the Chinese Communist military authorities at Peiping issued a proclamation announcing their intention to requisition the former military barracks areas of foreign governments by January 13.2 On January 7 these authorities addressed a communication to the American Consul General directing him to send a messenger with authority to turn over the American military barracks area in accordance with the proclamation.3 A similar communication was sent to the French and the Netherlands Consuls.
The Department instructed the Consul General at Peiping on January 7 to send a communication to the Chinese Communist “Foreign Minister” pointing out that this Government acquired the right to use for official purposes the land in question in accordance with the [Page 271] Protocol signed at Peking on September 7, 1901,4 between China and eleven foreign powers and that this right was reaffirmed in the Sino-U.S. Treaty of 1943,5 under which this Government relinquished its extraterritorial rights in China. He was instructed further to point out that this land and the buildings thereon were being used for official purposes and that the so-called military barracks mentioned by the Chinese Communist military authorities had long since been converted into an office building and used as the office of the Consulate General.6
Our legal position in this case seems unassailable. Desirable as it would be to construct a common front for joint or parallel action with the other western nations directly or indirectly affected, such action is faced with obvious and perhaps insuperable difficulties. To capitulate to the demand would invite similar and progressive actions by the Chinese Communists against our people and other official property in Peiping and elsewhere in China. Since we do not have direct access to the Chinese Communist “Foreign Minister”, negotiations, even if considered desirable, are impracticable. The remaining alternative is to inform the Chinese Communist authorities of our intention immediately to close all of our official establishments in Communist China if the Peiping authorities proceed in their expressed intention and move to requisition or to occupy the premises. In this connection, we should recognize that such action on our part might well be playing directly into the Russian hands.
Recommendations
Our first objective should be to attempt to enlist British support in constructing a common approach to the Chinese Communist authorities on the basis of challenging the proclamation under which the order of requisition is based. In recognition of the limitations of time and the obvious difficulties in the way of securing agreement to such common action, the British Government should at the same time be requested to instruct its officer in charge at Peiping to convey personally to the Chinese Communist “Foreign Minister” a statement making the following points on behalf of the U.S. Government:7
- (1)
- The U.S. Government is prepared to close all of its official establishments and withdraw all official personnel from Communist China if the requisition order is carried out;
- (2)
- The U.S. Government is prepared voluntarily to return to the Peiping authorities the glacis property to the west of our consular [Page 272] compound, including immediate occupancy of the building thereon, and to enter into negotiations regarding indemnification for the building.
- The Department of State file copy bears the notation: “Approved 1/10/50 Harry S. Truman.”↩
- For the text of this proclamation, see the Department of State Bulletin, January 23, 1950, p. 121.↩
- The text of this communication is printed ibid.↩
- For the text, see Department of State Treaty Series No. 397, or Foreign Relations, 1901, Appendix, p. 312.↩
- For the text, see Department of State Treaty Series No. 984, or 57 Stat. (pt. 2) 767.↩
- For the texts of communications dated January 9 and 10 from Consul General Oliver Edmund Clubb to Foreign Minister Chou En-lai, see the Department of State Bulletin, January 23, 1950, pp. 121–122.↩
- For the text of the statement communicated on January 10 by the United States Government to the British Government for transmission to the Chinese Foreign Minister, see ibid., p. 120.↩