793.003/1039: Telegram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received 9:03 p.m.]
7137. I have just received the following letter dated December 14 from Mr. Eden:
“I am grateful to you for the details of the latest developments in the negotiations concerning extraterritoriality contained in your letter of the 11th December (Department’s 6230, December 9, 8 p.m.). I also much appreciate the full and sympathetic reply contained in paragraph 4 of the Department’s message to the points which I had raised in my letter to you of the 7th December (my 6931, December 7, 11 p.m.).
We readily agree that such divergencies as there are between our respective approaches to this problem arise from a difference in practice obtaining in our respective territories and more especially the extent to which we are able to grant to the Chinese reciprocity in certain matters.
No reply has yet been received by us from the Chinese Government corresponding with that communicated to the Department of State on the 8th December. But as regards certain of the specific points mentioned in the message from the Department of State our position is as follows:
- One. (A) (2) We note that the Chinese Government withdraws its proposal that an addition be made at the end of the second paragraph of articles II and III of the American draft. Read in conjunction with the second point in the United States communication to the Chinese Embassy of the 27th November, we assume this to mean the [Page 404] phrase ‘and for the recognition and protection of all legitimate rights therein’ will be retained in the text and I have so instructed His Majesty’s Ambassador at Chungking.
- Two. We note that the United States Government accept the Chinese wording for the paragraph in the exchange of notes dealing with ports open to overseas merchant shipping. For our part we await the views of the Chinese Government on the wording already communicated to you (paragraph 1 (a) of the annex to our draft exchange of notes). As regards the Chinese wording we would observe that the use of the expression ‘coastal ports’ appears to exclude overseas merchant shipping from the river ports which have hitherto been open to overseas merchant shipping.
- Three. As regards coastal trade and inland navigation, we await the views of the Chinese Government on the wording of our draft exchange of notes as modified in the manner communicated to you in my letter of December 8th (my 6970, December 9, 6 p.m.).
I note that the only outstanding matter of discussion in the American draft treaty is the question of coastal trade and inland navigation. Pending the receipt of the Chinese Government’s reply to our latest proposals it is impossible for us to foresee when our own treaty will be concluded, but I shall, of course, inform you as soon as the Chinese reply is received.”
I have received the Department’s 6327, December 14, 9 p.m., and 6346, December 15, 9 [8] p.m.16 and have communicated the substance of these messages to Mr. Eden.
- Telegram No. 6346 not printed; it asked the Ambassador to inform the British Foreign Office that the United States contemplated suggesting that the treaty be signed on the morning of January 1, 1943 (793.003/1039a).↩