711.933/275
Memorandum by the Chief of the Division of Far Eastern Affairs (Hornbeck) of a Conversation With the Netherlands Minister (Van Royen)
The Minister called and stated that he wished to inquire with regard to the present situation in China and any developments which might have taken place in connection with the subject of extraterritoriality.…
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The Minister inquired whether this Government did not feel that it would be desirable to present to the Chinese a united front. Mr. Hornbeck replied that a great deal of thought had been given to that question; that there were physical obstacles and political obstacles. The physical difficulty lay in the fact that some of the negotiations are being conducted in China while the American negotiations are being conducted in Washington. The principal political obstacle lay [Page 386] in the fact that the American Government has but one question with which to be concerned in this connection, namely, that of extraterritorial jurisdiction as such, whereas some other Governments have other questions to which they must necessarily give consideration in connection with the negotiations on this question, such as concessions and leased territories. The American Government realized that in connection with extraterritoriality proper all of the Powers have the same concern, namely, that of adequate protection of their nationals in China. In regard to that, their objectives were all the same. But if one country has one question only to negotiate with the Chinese while another country has two questions and a third country three questions, etc., there is difficulty with regard to a united front. In addition, if the foreign countries form a bloc and the Chinese discover that they are, by agreement, presenting identic plans and, by agreement, opposing whatever the Chinese propose which is not in agreement with those plans, the likelihood is that the Chinese would be encouraged to break off negotiations with the whole group collectively and, by unilateral action, declare the extraterritoriality provisions of the treaty abrogated. The Minister said that there was a great deal in that point of view. Mr. Hornbeck said that he thought it must be realized that throughout this period the Powers are confronted by a two-fold problem: On the one hand they have the problem of devising plans for the abolition of extraterritoriality by agreement; and at the same time on the other hand they have the problem of so conducting the negotiations as to give the Chinese neither opportunity nor excuse for arbitrary and unilateral action in the direction of disposing of the problem without agreement. The Minister said that he also realized that that was the case. Mr. Hornbeck said that the American Government was conservatively disposed in reference to the question of proceeding gradually and erecting safeguards, but that he felt that we could not assume that the Powers could lay down whatever terms they chose and suit their own convenience as to the periods of time which shall elapse before an agreement is made and between the successive steps to be taken within the terms of an agreement. Nevertheless, the Minister should understand that it was not the idea of the American Government to rush rapidly ahead with the negotiations; that the Department is studying all the materials available, particularly the views expressed by the other Governments concerned; that this Government wishes to cooperate with the other Governments and hopes for free and frank interchange of views, suggestions and information but is not in position to promise identity of action.
The Minister said that he very much appreciated being given this frank account.