711.933/135: Telegram
The Minister in China (MacMurray) to the Secretary of State
809. Legation’s 754, August 24, 11 a.m.60
- 1.
- In a note dated August 17th Minister for Foreign Affairs61 states that he has received an instruction from the National Government that offices of Commissioners of Foreign Affairs at the several ports be abolished at the end of August and that offices of the Provincial Commissioners of Foreign Affairs will be abolished at the end of the year. Notes state that in accordance with the procedure establish[ed] all cases involving foreign intercourse shall thereafter be handled by the Central Government and ordinary affairs such as travel and trade of foreign residents shall be handled by the appropriate local offices.
- 2.
- The English translation of the procedure above referred [to] is as
follows:
- “(1) After the abolition of offices of Commissioners for Foreign Affairs, all cases in the several localities involving foreign intercourse shall be handled by the Central Government and local governments shall not be allowed to deal with foreigners directly or to establish any organs similar to offices of Commissioners for Foreign Affairs, in order to avoid confusion and nonuniformity.
- (2) After the abolition of offices of Commissioners for Foreign Affairs, all matters involving foreigners except those restricted by laws and mandates shall be handled in the same way as Chinese cases.
- (3) After the abolition of offices of Commissioners for Foreign Affairs, all matters involving foreigners which do not concern foreign relations such as trade, issuance of deeds for the lease of land, travel papers, naturalization, and other affairs concerning the protection and control of foreign residents, shall be handled by the special municipal governments in places where special municipalities are established and the several provinces by the several municipal governments or by Hsien62 governments where municipal governments have not yet been established. The appropriate special municipal, municipal and Hsien governments, respectively, shall assign these affairs in accordance with their nature to the respective appropriate bureaus and sections under their control for action.
- (4) After the abolition of the offices of Commissioners for Foreign Affairs in case negotiations arise from the handling by the several special municipal, municipal or Hsien governments of the foreign [Page 676] cases specified in the preceding article, the matter shall be transmitted to the Ministry of Foreign Affairs for action.
- (5) In case it is deemed necessary, the Ministry of Foreign Affairs may directly command the several special municipal, municipal or Hsien government[s] in the handling of affairs concerning foreigners.
- (6) After the abolition of the offices of Commissioners for Foreign Affairs at the several ports, all pending appeals in mixed cases shall be temporarily turned over to the offices of special appointed Commissioners for Foreign Affairs for the several appropriate provinces for continuance of action. After the abolition of the offices of special appointed Commissioners for Foreign Affairs all such cases shall be turned over to the proper courts for action.
- (7) After the abolition of the offices of Commissioners for Foreign Affairs as regards passports for travel abroad, all diplomatic passports shall be issued by the Ministry of Foreign Affairs and ordinary passports shall be issued by the Ministry of Foreign Affairs to the special municipal or Hsien governments in commercial ports for issuance in accordance with regulations, monthly reports still to be submitted to the Ministry of Foreign Affairs for inspection.
- (8) At the time of the abolition of the offices of Commissioners for Foreign Affairs, the Ministry of Foreign Affairs shall notify the Ministers of the several nations that in future all diplomatic cases shall be handled by the Central Government and that as to foreign cases which do not concern foreign relations, instructions should be issued to consuls at the several localities to order their respective nations [nationals] themselves directly to submit petition to the appropriate organizations for action.
- (9) After the abolition of the offices of Commissioners for Foreign Affairs, the reemployment of all efficient officers and employees in the service shall be taken under consideration.”
- 3.
- Following is an exchange of telegrams with regard to this subject
between the American companies [Consulate],
Nanking, and the Legation, copies of which are being circulated to
the American consular offices in China for their personal guidance
in the new situation created by this action on the part of the
Chinese Government:
“August 29, 11 a.m. I have received formal notice from the Commissioner of Foreign Affairs at Chinkiang that his office will be abolished on the last day of August and that all pending protection cases have been handed over to the Ministry of Foreign Affairs for action.
I request the Legation’s permission to ask the Ministry of Foreign Affairs for detailed information as to the method of handling many protection cases now pending in the Chinkiang district”.
“September 3, 4 p.m. Your August 29, 11 a.m. The Legation believes that it would be inexpedient for you to inquire as to the method of handling pending protection cases, since the Chinese would be very likely to lay down a detailed procedure which consular officers could not, with a view either to the maintenance of our treaty provisions on the subject or to the obtaining of practical results, fully follow. It is suggested that you adopt a defensive attitude, seeking to protect [Page 677] American interests by dealing if possible with the highest local territorial official and reporting to the Legation the situation as it develops.”
- 4.
- The action of the Chinese Government as above described appeared about to minimize the authority and prestige of foreign consular officials in China and thereby to impair their effectiveness in protecting the interests of their respective nationals. It would also appear from the text of the “procedure” that the Chinese intend no longer to regard the treaty provisions prescribing the rules of intercourse between foreign consular and Chinese officials. The Legation is therefore apprehensive that numerous difficulties will arise in the application of the new procedure and its instruction to the American company [Consulate], Nanking, was accordingly made in the guarded language quoted in paragraph 3.
The Legation requests the Department’s approval of the position which the Legation has taken and would be glad to receive an expression of its views on the various phases of the general question involved.