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4. British Minister sending similar note. I shall forward texts of all notes when copies received.38

SCHURMAN

FURTHER POSTPONEMENT OF THE MEETING OF THE COMMISSION ON EXTRATERRITORIALITY IN CHINA

793.003 C 73/116: Telegram

39

The Minister in China (Schurman) to the Secretary of State

PEKING, February 16, 1924—1 p.m.

[Received February 16-9:37 a. m.]

60. My telegram no. 400, December 14, 5 [3] p. m.40 The Chinese Minister for Foreign Affairs at interview February 13 again expressed a desire to know nature of the reply received from each government. He expressed gratitude for past good offices of the United States and requested their continuance. The following unofficial record of his remarks left with me by a secretary of the Foreign Office on February 15, 3 p. m., is correct:

"The Minister of Foreign Affairs requested Dr. Schurman to telegraph to Mr. Hughes requesting his good offices to prevail on the signatory powers for the despatch of the Commission of Inquiry of Extraterritorial Jurisdiction to come to China in November next. In making this request, the Minister suggested the following reasons: 1. One of the main objects of the Washington Conference was to promote better international cooperation. The United States being the convener of the conference, China naturally looks upon it as the intermediary through whom to arrange for the execution of the treaties and agreements made at Washington in her interest. If there should be any, there ought to be a frank exchange of views. It was, therefore, hoped that the State Department would not hesitate to inform China fully as regards the real situation concerning the visit of the Commission this November. If China knew which powers were not able to agree to the suggested extension of one year, she could explain her point of view in regard to it.

2. China has been hoping that the signatory powers who attended the Washington Conference would carry out the covenants made at Washington as early as possible.

3. The nonfulfillment of the covenants in the present case may be seized as a precedent by other powers who may not be anxious to carry out the terms of the other treaties and agreements.

4. Since there was a special resolution providing that the powers are free to accept or reject all or any portion of the recommendations of the Commission, it does not seem necessary for the powers to take

"Notes not printed; in despatch no. 2348, June 26, the Minister transmitted copies of notes sent to the Chinese Minister for Foreign Affairs by the American, Belgian, British, French, Italian, and Japanese Ministers.

29

Continued from Foreign Relations, 1923, vol. 1, pp. 620-631. 40 Foreign Relations, 1923, vol. 1, p. 630.

a collective attitude and share the responsibility for delaying the visit of the Commission.

5. The early despatch of the Commission will further demonstrate the importance of the Washington Conference to the Chinese people and stimulate the interest and encourage them to get together to solve their political problems."

In reply to Dr. Koo's question regarding the attitude of each of the individual governments, I replied that I was not fully informed on these conditions.

The danger of further delay in the visit of the Commission affects Dr. Koo very strongly, the more so [as] he was one of China's delegates to the Washington Conference.

SCHURMAN

793.003 C 73/120

The Chinese Legation to the Department of State

MEMORANDUM

With reference to the time for the meeting of the Extraterritoriality Commission provided for in Resolution V adopted on December 10, 1921, by the Washington Conference on the Limitation of Armament," the American Government suggested in November, 1923, to the Powers participating in or adhering to the Resolution that November 1, 1924, should be the date fixed for the convening of the Commission.

The result of the inquiry on the part of the American Government brought out the fact that unanimity with respect to this date could not be obtained, and the Chinese Government was accordingly informed to this effect in the Department's note of January 18, 1924.42

Ever since the adjournment of the Washington Conference in February, 1922, the Chinese Government has spared no efforts to obtain all available data bearing upon extraterritoriality in China in preparation for the meeting of the Commission. The Chinese Government, therefore, earnestly requests that the American Government approach again all the participating or adhering Powers concerned in regard to the matter and use its powerful influence to secure their unanimous consent for the convening of the Commission on a definite date.

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This request of the Chinese Government has been presented to the American Government through the American Minister at Peking. In connection with this subject the Chinese Government has been informed by the French Minister at Peking that the French Government informed the American Ambassador in Paris to the effect that the consent of the French Government to take part in the Extraterritoriality Commission would be dependent upon the settlement of the question now pending between China and France regarding the payments of the French share of the Boxer indemnity. Now the Boxer indemnity question has no bearing whatever upon matters that concern the Extraterritoriality Commission, and will no doubt be adjusted in due time to the satisfaction of both Governments.

The Chinese Minister begs leave to point out that the position taken by the French Government does not seem to be compatible with the spirit of the Resolution as expressed in the concluding clause thereof.

WASHINGTON, March 27, 1924.

793.003C73/120

The Secretary of State to the Chinese Minister (Sze)

WASHINGTON, April 10, 1924.

SIR: I have the honor to refer to your memorandum of March 27, 1924, in which you convey the request of the Chinese Government that this Government should approach the Powers participating in, or adhering to, Resolution V of the Washington Conference regarding extraterritoriality in China with a view to obtaining their unanimous consent to the convening of the Commission on a definite date.

After careful consideration of your request, this Government is convinced that the present moment is not an opportune one to make the representations in question. It accordingly suggests that the Chinese Government may wish to reconsider its request and postpone the proposed action for the time being. Let me, however, assure you that this Government will not, in any case, fail to urge the fixing of a definite date for the convening of the Commission as soon as it may appear that such action would be likely to bring about a favorable result.

Accept [etc.]

CHARLES E. HUGHES

CONSENT BY THE UNITED STATES TO JOIN OTHER POWERS IN NEGOTIATIONS TO RESTORE THE SHANGHAI MIXED COURT TO THE CHINESE

893.053Sh/23: Telegram

The Minister in China (Schurman) to the Secretary of State

PEKING, March 11, 1924—10 a. m.
[Received March 12-2:41 a. m.]

75. My despatch no. 1572 of May 30, 1923.43 On January 26 the Chinese Foreign Office addressed a note to the dean pressing for a reply to its note of October 26, 1922,43 asking for the rendition of the Mixed Court at Shanghai.

43

Further consideration of the rendition was postponed in 1923 because of the impending meeting of the Extraterritoriality Commission. My colleagues and I now feel that owing to the uncertainty of the date of the Commission no strong reason remains for further postponing resumption of rendition negotiations on the basis of the draft agreement of 1915, as subsequently modified by the Foreign Office note of October 26, 1922, and consular body report." I favor such resumption not only in order to remedy disadvantageous results of present isolated status of the court and similar reasons but also to offset possible impressions of obstructiveness of the powers arising from lack of progress in Washington Conference

program.

Proposed note from dean to the Chinese Foreign Office after indicating readiness to negotiate on the above basis requires guarantees from the Chinese Government as follows: 1. That provision will be made for meeting court expenses. 2. That all Mixed Court decisions will be recognized and given effect where necessary by all Chinese courts throughout Republic. 3. That the local authorities at Shanghai will execute terms of rendition arrived at.

The note further states that the diplomatic body would be glad to receive in addition to guarantees an assurance from the Chinese Government that it is prepared to enter into early negotiations for satisfactory settlement of other questions also outstanding, as for instance: (1) settlement extension; (2) port improvements; (3) Chinese representation on Municipal Council; (4) foreign representation in municipal councils of the adjoining Chinese areas. I opposed making this a condition precedent to rendition negotiations as was generally favored by my colleagues, and the formula finally adopted

43 Not printed.

44

Report not printed. The consular body at Shanghai had assumed control of the Mixed Court in 1911, during the revolution of that year, and had continued to exercise control.

and expressed in the preceding sentence appears to me consistent with the Department's views relative to separate settlement of the rendition question.

Many considerations appear to render my concurrence in this note highly advisable. I request the Department's instructions by telegraph.

SCHURMAN

893.053 Sh/23: Telegram

The Secretary of State to the Minister in China (Schurman)

[Paraphrase]

WASHINGTON, March 18, 1924-6 p. m.

56. Legation's telegram 75 of March 11, 10 a.m. The actual conditions in China seem to give confirmation to the position which was taken generally by the diplomatic corps as indicated by the comments on circular 69 forwarded with Legation's despatch 1572 of May 30, 1923,5 that the Government at Peking does not have sufficient control in the vicinity of Shanghai to make it possible for it to offer satisfactory guarantees that it will fulfill any agreements which might result from negotiations for the rendition of the Mixed Court and possibly other matters affecting port of Shanghai. This opinion appears to be given support especially by the passage of an act for a cigarette tax by the Provincial Assembly of Kiangsu and its imposition, imminent if not actual, in spite of your protests. Moreover, the widespread disregard which provincial authorities show for treaty rights and the lack of any evidence of a real desire on their part to correct this situation causes the Department to question the advisability of taking action which many elements among the Chinese might interpret as resulting from weakness or as indicating, or being preliminary to, a surrender of extraterritorial rights in the near future. As the reasons given by your colleagues last year for not entering into negotiations seem more cogent now than then, the Department is at a loss to understand their present willingness to do so.

46

Furthermore, the Department is not ready to admit that the date for the meeting of the Commission on Extraterritoriality is so indefinite as to bar the hope that that body may make a survey of the status of the Mixed Court.

The Department would like to receive your comments regarding the views presented above before it authorizes you to concur in the

'Not printed.

"For protests against internal taxes, see Foreign Relations, 1923, vol. I, p. 579.

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