393.1164/251

The Secretary of State to the Ambassador in China (Johnson)

No. 681

Sir: The Department refers to the Embassy’s despatch no. 1986 of March 30, 1939, enclosing a copy of a despatch, no. 1597 of March 8, 1939, from the Consul General at Shanghai, with its enclosures,78 in which there is discussed the question of the registration of American mission schools with the “Reformed Government” at Nanking. The Embassy outlines some of the factors involved in this question and concludes that the situation remains, apart from its political aspects, substantially unchanged and that therefore American missions should now, as under former régimes, determine for themselves whether their own interests would best be served by registering their schools. The Embassy points out that there is good reason to believe that the formulation of a uniform policy to be followed in the occupied territories will soon become advisable but states that the Embassy hesitates to formulate such a policy without first seeking the instructions of the Department.

The Department is in general agreement with the Embassy’s views on this subject. Although, as pointed out in its instruction of April 13, 1933, to the Consul General at Shanghai,79 the Department holds that it cannot oppose the efforts of the duly recognized Chinese authorities [Page 335] to require the registration of schools maintained in China by American individuals or missionary societies for the secular education of Chinese, it does not admit the applicability to American citizens or organizations of laws or regulations promulgated by unrecognized régimes in China. The Department inclines to the opinion that under present conditions it would not seem advisable for American missionary organizations to take the initiative in entering into extended discussions with either the Japanese authorities or administrations sponsored by them in regard to the status of schools maintained by such American missionary organizations in Japanese-controlled territory. However, it is realized that American citizens may find it expedient in certain cases to make arrangements with local authorities in regard to compliance with regulations pertaining to matters such as registration and to accede to reasonable requests by local authorities, such as, for instance, requests for certain statistical information in regard to American missionary schools in Japanese-controlled territory.

The Department considers that in the last analysis the matter under discussion is one for decision by Americans and American organizations on their own responsibility and in the light of their own convenience and interests.

The substance of this instruction should be brought to the attention of the consular officers in China who should be authorized to explain the Department’s attitude on this question to interested American inquirers. It is desired, however, that widespread or general publicity in regard thereto be avoided.

Very truly yours,

For the Secretary of State:
A. A. Berle, Jr.