File No. 774/699.

Chargé Fletcher to the Secretary of State.

[Extract.]
No. 1338.]

Sir: I have the honor to report compliance with the department’s circular instructions, dated September 1, 19091 entitled “International Opium Conference” and to transmit herewith a copy in translation of the reply of the Chinese Government. As I have already telegraphed to the department, China assents to the proposal of the Government of the United States to convene an opium conference to make operative the recommendations agreed upon by the International Opium Commission of 1909.

I have, etc.,

Henry P. Fletcher.
[Inclosure—Translation.]

The Prince of Ch’ing to Chargé Fletcher.

No. 658.]

Your Excellency: I have the honor to acknowledge the receipt of your excellency’s note of November 6, 1909, in which your excellency forwards the proposals of the American Government for the convening of an opium conference and asks for the views of the Chinese Government thereon.

After due consideration by my board, China gives her cordial assent to the proposal to convene an opium conference to make operative the recommendations agreed upon by the opium commission at Shanghai. The tentative program for the deliberations of the conference is, in general, admirable, but there are several points that need careful consideration.

Proposal (a) reads:

The advisability of uniform national laws and regulations to control the production, manufacture, and distribution of opium, its derivatives and preparations.

It is necessary to specify that in drawing up such regulations there shall be no interference with the sovereign rights of any nation.

Proposal (i) reads:

The advisability of uniform provisions of penal laws concerning offenses against any agreements that the powers make in regard to opium production and traffic.

This should be altered to the effect that such offenses should be punished by each country according to its own penal laws.

Proposal (1) reads:

The advisability of reciprocal right of search of vessels suspected of carrying contraband opium.

This should be altered to the effect that every nation should have the right of search of vessels found within its own territorial waters.

Proposal (n) reads:

The advisability of an international commission to be entrusted with the carrying out of any international agreements concluded.

After any agreements have been reached by the conference, the powers, having assented, will be under obligation to conform to them, but there would be no need of such a commission as that proposed.

[Page 293]

The above are the views of my board, which I ask your excellency to transmit to the American Government for its consideration. When the time and place for the conference have been determined China will appoint delegates, but it will be necessary to stipulate that the Chinese delegates, while they may be styled plenipotentiaries, must obtain the formal assent of the Chinese Government before signing such conventions and regulations as may be agreed upon.

I now send this note for transmission to your excellency’s Government, trusting that it will receive consideration and that a reply may be sent.

A necessary dispatch.