Directory_and_Chronicle_1940 — Page 171

Monsieur le Ministre:

EXTRATERRITORIALITY

CHINESE REPLY TO AMERICA.

Nanking, September 5, 1929.

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I have the honour to acknowledge the receipt of your Excellency's Note f August 10th in which you are good enough to transmit to me the views f your Governnient in regard to the request of the Chinese Government, con- ained in my Note of April 27, for the removal of restrictions on China's juris- ictional sovereignty,

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The Chinese Government is pleased to be reminded by the American Gov- rnment that it has, for some time past, given constant and sympathetic con- ideration to the national aspirations of the people of China and that it as repeatedly given concrete evidence of its desire to promote the realisation f those aspirations. The traditional friendship between China and America as not only a common material basis, but is also deeply rooted in the idealism hich is comnion to the Chinese and the American people. The American peo- le, with their love of liberty, their zeal for justice, their desire to further he advance of civilisation and their sympathy for the aspirations of nations n their spiritual re-birth all of which reveal unmistakably the noble attitude f the American mind, have aroused the admiration and won the love of the Thinese people. This idealism has manifested itself in the abolition of slavery, he growth of democracy, and the endeavour to establish a reign of universal eace, which has given a new hope to the human race. It is this idealism hat accounts for the steadfastness of the American Government and people n their friendship for China through all the vicissitudes of her fortunes. It s again this idealism that has prompted the American Government to give ympathetic consideration to the desire of the Chinese Government in connec- hon with the question of jurisdiction and to decide to enter into negotiations or the devising of a method leading to the eventual abolition of Extraterri- orial privileges.

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It seems to me, however, from a careful consideration of your Note that he America Government is not yet free from misgivings as to the safety of American lives and property after the abolition of Extraterritoriality. The American Government is undoubtedly aware of the fact that the liberty of American citizens and the security of their property rights do not so much epend upon the continued exercise of jurisdiction by their own Consular Courts, as upon the timely removal of hindrances to the free and full assertion f China's sovereign rights. Extraterritorial privileges, while apparently bene- icial to foreigners in China in giving the impression of security and safety, have really had the most injurious effect on their relations with the Chinese y producing in the latter the feeling of humiliation and a sense of resentment which have always caused mutual suspicion and the consequent loss of mutual onfidence, thus undermining the very foundations of friendly relations and not infrequently giving rise to complications and conflicts. Such conflicts and Fomplications could be easily avoided were there none of those special privileges. In this connexion, it may be pointed out that towards nationals of certain ountries who have lost their extraterritorial privileges and have submitted to he jurisdiction of China, the Chinese people enterian the most friendly feel- ngs and repose in them great confidence, a valuable asset, it will be admitted, n the intercourse, commercial or otherwise, of any two peoples. Such marked difference in the relations between Chinese and nationals of Extraterritorial Powers on the one hand and those between the Chinese and the nationals of hon-extraterritorial Powers on the other will, as long as the extraterritorial ystem is retained, become more and more pronounced, and much as the Chinese Government may try to discountenance this difference of attitude on the part of its citizens, it will not be within its powers to control the natural expression of their feelings.

In the event, however, of American citizens relinquishing their Extraterri- orial privileges, they may rest assured that they will enjoy the same confidence