893.05/148: Telegram

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

399. 1. Following note has been received from the Minister for Foreign Affairs dated May 8th, 1929:

“With reference to the Mixed Court formerly established in the International Settlement, Shanghai, I have the honor to recall that [Page 683] repeated protests have been lodged with the Ministers of the interested powers by the former Ministry of Foreign Affairs at Peking accompanied by demands for its restitution until in 1926 the parties concerned deputed officers to hold joint discussions from which however proper and complete results were unobtainable. Although at present the judicial municipality of the Settlement has undergone modification in the final result its nature is obscure and consequently it is discrepant from the national system and because of its inconveniences is reviled by the people. In point of fact this cannot be concealed.

At present the national friendship between China and the foreign powers is steadily becoming closer and on this basis reform is urgently to be hoped for in order to meet the needs of the present time.

I therefore have the honor, Mr. Minister, especially to lay this matter earnestly before you and, respecting the above-mentioned judicial organism, to request a frank and sincere conference and, as soon as possible, the satisfactory settlement of an appropriate and complete arrangement in order that a final solution may be contrived, thus upholding the rights of jurisdiction and strengthening the national friendship.

Aside from having addressed formal notes to the Ministers of the interested powers, I have the honor, Mr. Minister, to address this formal note for your information and to request a reply.”

2. At meeting of the diplomatic body yesterday it was agreed that the matter was one of common concern for those participating in the Mixed Court rendition agreement of 1926, and the Senior Minister was authorized to [apparent omission] a reply for the consideration of his colleagues, the text of which is as follows:

[For text of note as submitted on June 7, see telegram No. 461, June 11, 8 p.m., from the Minister in China, printed infra.]

3. Text of note and draft reply are being repeated to Cunningham for comment as American Consul General.

MacMurray
  1. Telegram in five sections.