Directory_and_Chronicle_1933 — Page 235

EXTRATERRITORIALITY

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of the Chinese people and hence the same material benefits as the nationals of non-extraterritorial Powers. Moreover, the Chinese Government will continue to exercise, in accordance with the well established principle of international law, due diligence in preventing any possible violations of the private rights of American citizens and perform its duty, in the fullest possible measure, in all matters relating to the redress of wrongs.

In your Note under acknowledgment reference is made to the report of the Commission on Extraterritoriality submitted to the interested Governments pursuant to a resolution adopted at the Washington Conference. The American Government must be aware of the fact that since the completion of that re- port, conditions in China have greatly changed, and in particular both the poli- tical and judicial systems have assumed a new aspect. To pass judgment on the present state of law and judicial administration in China in the light of what is contained in the report of 1926 is doing no justice to the steadfast policy of the National Governnient.

At this point, it may be worth while to recall the circumstances under which the American Government renounced its rights under the Capitulations with Turkey... The Chinese judicial system, it will be admitted, does not suffer the least in comparison with that of Turkey at the time of the abolition of the Capitulations. And yet the American Government, realising that the Turkish people, with legitimate aspirations and under the guidance of a new and strong Government, could accomplish great things in a short space of tiine, had the wisdom and foresight to relinquish its special pri- vileges similar to those enjoyed hitherto by its nationals in China, and has had the satisfaction to find that the life and property of American citizens in Turkey have subsequently received full and adequate protection. The American Government, which did full justice to the Turkish people in the matter of jurisdiction without any apprehension and with satisfactory results, will no doubt solve the problem of Extraterritoriality in China in the same friendly and sympathetic spirit.

It has been perhaps brought to the knowledge of the American Govern- inent that the Chinese Government has recently concluded treaties with several other Powers which have agreed to relinquish Extraterritoriality on January 1, 1930. If it had appeared to the Government of those Powers, as it appears to the American Government, that there did not yet exist in this country a judiciary capable of rendering justice to their nationals and a body of laws adequate to give protection to their lives and property, they would certainly have refused to give up their privileged position and enter into the engage- ments they have made. Now that many of the Powers which participated in the discussions of Extraterritoriality at the Washington Conference have al- ready shown by an overt act that that system has outlived its usefulness and should be replaced by one in harmony with the actual state of things, there is no reason why the United States, upon which fell the honour of initiating the labours of that Conference, should not act in unison with those Powers, thus removing the difficulties which the Chinese Government might otherwise encounter in extending jurisdiction over all, foreign nationals.

It is the hope of the Chinese Government that whatever misgivings and apprehensions the American Government, may have in considering the subject under discussion will be now dispelled, and that, in the further examination of this subject, it will be actuated by much weighter considerations, namely, the enhancement of friendship between the Chinese and the American people, and hence the promotion of the material interests of both. It is with this last object in view that the Chinese Government now requests the American Gov- ernment to enter into immediate discussions with the authorised representative of the Chinese Government for making the necessary arrangements whereby Extraterritoriality in China will be abolished to the mutual satisfaction of both Governments.

"I avail myself, etc.

WANG CHENGTING."