While exchanges of views on this subject were proceeding, this Government was informed by its representative in London that the British Foreign Office had learned that Sun Yat-sen was threatening the seizure only of the "native" Canton Customs and that accordingly the British Minister at Peking and the naval authorities considered there was no need for naval action at the present time. Accept [etc.] CHARLES E. HUGHES 893.51/4718 The British Ambassador (Howard) to the Secretary of State No. 1092 WASHINGTON, November 12, 1924. SIR: I have the honour to acknowledge the receipt of the note which you were so good as to address to me on the 8th instant and in reply to state that His Majesty's Representatives at Paris, Rome, Tokio and Lisbon have been instructed to inform the Governments to which they are accredited that as the Canton Government apparently intend to seize, not the Maritime Customs, but the Native Customs in the area under their control, it is considered that in this case joint naval action would have no value. I have been instructed by my Government to add that His Majesty's Minister at Peking is of the opinion, which is understood to be shared by the Japanese Government, that the Canton Government will await developments in the civil war in North China before interfering with either the Maritime or the Native Customs, and that therefore naval action is unnecessary at present. This information has also been brought to the notice of the French, Italian, Japanese and Portuguese Governments. I have [etc.] ESME HOWARD RECOGNITION BY THE UNITED STATES AND OTHER POWERS OF THE PROVISIONAL GOVERNMENT AS THE "DE FACTO" GOVERNMENT OF CHINA 893.01/131a: Telegram The Secretary of State to the Chargé in China (Mayer) 38 WASHINGTON, November 6, 1924—6 p.m. 272. A Secretary of the French Embassy today read to the Division of Far Eastern Affairs a telegram from his Government to the following general effect: For 7 or 8 years the interested Powers have been according unconditionally and practically as a matter of routine their recognition 38 See last paragraph for instructions to repeat to Tokyo as no. 183. of the successive Governments that have followed each other in Peking: these recent Governments have not lived up to their responsibilities or respected the rights of the foreign Powers; it therefore appears to the French Government that the recent coup d'état affords occasion for the Powers to withhold recognition to the new Government with a view to forcing it to give satisfactory assurances of its readiness to fulfil its obligations to the Powers. The telegram added that the French Government was approaching in this sense the other Governments principally interested, among them the Belgian Government, which had already assented to the French suggestion. The Department would welcome your comment upon this suggestion with particular reference to the question of legal authority arising out of the resignation of the President and the assumption of his duties by the Cabinet as reported in your telegram No. 427, November 3, 5 p.m.3 39 Repeat to Tokyo as Department's No. 183. HUGHES 893.01/132: Telegram The Chargé in China (Mayer) to the Secretary of State PEKING, November 11, 1924-9 a. m. 439. 1. Your 272, November 6, 6 p. m. At diplomatic body meeting November 5th French in concert Belgian Chargé d'Affaires proposed that, first, all Chiefs of Mission should at their initial call upon new Minister for Foreign Affairs make reserves in respect of new regime, bringing to Dr. Wang's notice that despite solemn promises the recent administrations in China had not kept faith or carried out treaties, agreements, etc.; and that, secondly, the powers concerned should obtain some form of guarantee that China would observe her treaties and agreements before recognizing the new President when elected. 2. Italian Minister concurred but several others dissented especially regarding any making of reserves at first call on Dr. Wang. I stated I would not feel authorized to do so without instructions from my Government and British Minister spoke to same effect. Matter of reserves dropped but agreed that representatives should communicate with respective Governments in regard to advisability of demanding guarantees in the event of election of new President. Several ministers stated that they considered present situation merely as a Cabinet change and not therefore raising the question of recog nition, etc. This has been exactly my opinion. I have not believed that entering into relations with Dr. Wang amounted to anything more than carrying on with a new Minister for Foreign Affairs. I felt that this demand by French and Belgian Chargés in which Italian Minister concurred was possibly primarily a bid for the diplomatic body's support in gold franc case.40 I have reason to believe several other ministers of same opinion. 3. The present administration is of course not strictly constitutional since it fails to fulfill the requirements that a new Premier be nominated by President and approved by Parliament. The appointment of an Acting Premier is not authorized by the constitution except when Parliament is adjourned which is not the case now. However, the constitution does clearly provide that when the offices of the President and Vice President are vacant the Cabinet shall perform the duties of Presidential office. It may be borne in mind that there has not been a strictly constitutional government in China for years. 4. If point of view accepted that there is only Cabinet change and constitution observed in the main then question of recognition not now involved and so no opportunity to withhold same with a view to forcing Chinese Government to give satisfactory assurances of readiness to fulfill obligations to powers. 5. However, it may be that events will take a decidedly unconstitutional turn when the French proposition would apply, either through not recognizing a new government or withdrawal of recognition from present Government. I consider either course of very doubtful expediency unless other factors are introduced which might demand a different decision. 6. If it is a fact, as French Chargé d'Affaires stated at diplomatic body meeting, Central Government is only sustained by recognition of the powers, it would seem necessarily to follow that withdrawal of recognition would result in break-up of Government into several separate entities each composed of a group of provinces-a definite disintegration of the Central Government's authority and hence liability each entity would most likely deny obligation for past debts and not afford a very safe or promising prospect for future business or negotiation. . . MAYER "See section entitled "Concurrence by the United States in the contention by certain powers that the Boxer Indemnity payments should be made in gold currency," pp. 559 ff. 893.01/132: Telegram The Secretary of State to the Chargé in China (Mayer) WASHINGTON, November 11, 1924-4 p. m. 277. Your telegram No. 439, November 11, 9 a. m. The Department assumes from your telegram that you and the representatives of the other Powers in Peking have not thus far entered into formal relations with the Chinese authorities now functioning there. In view of the indeterminate situation now existing, the Department desires to avoid any commitment as to the status of the new regime; and while awaiting the evolution of the situation would prefer that the Legation's de facto relations with the regime now in control at Peking should be as informal and infrequent as may be compatible with the protection of American interests and the maintenance of good will conducive to that end. 893.01/133: Telegram HUGHES The Chargé in Japan (Caffery) to the Secretary of State [Extract] TOKYO, November 11, 1924—6 p. m. [Received November 11-11 a. m.] 291. French Ambassador here informed me that he had handed a note to Shidehara containing suggestions indicated in the Department's 183. Upon reading this communication Shidehara said to him that it was his opinion that due legal forms under the constitution had been carried out in connection with the resignation of the President and the assumption of his duties by the Cabinet and therefore the question of recognition would not necessarily arise; on the other hand he said that of course recognition might be withdrawn by any of the interested powers. 893.01/134 CAFFERY The French Embassy to the Department of State 42 [Translation 43] MEMORANDUM The French Government is now concerning itself with the gravity of the situation in China. It may be presumed that on account of the great division of the parties a rather long time will elapse before there can be established in Peking a central power that would be recognized by the provinces and would be in position and inclination to see of its own motion that the international obligations of China are met. The fact that the latest Chinese Governments have been recognized by the foreign governments imparted some authority to them and the Peking Cabinet was thus placed in position to take advantage of the foreign diplomatic missions accredited to it without, however, caring to entertain the claims of the powers. The Government of the Republic believes that to maintain longer this diplomatic situation without imposing certain precise conditions, would tend to work injury to all the Governments concerned: the said Governments on the one hand would assume a serious responsibility to their nationals and, on the other hand, would encourage the objectionable inclinations of the Government which is evading its international obligations and would readily sacrifice the rights of foreigners. This might in the future bring about a condition of affairs likely to be attended with grave consequences. For that reason the French Government believes that it would be to the interest of the Governments concerned to make even now a survey of the situation hereinbefore referred to and agree that they will notify, when the time comes, the next Peking Government that it cannot be recognized by them unless it gives effective assurance that the treaty obligations of China will be carried out. The French Government would be glad if the American Government would kindly take the suggestion under advisement and, if the suggestion should gain its approval, send appropriate instructions to the Minister of the United States at Peking. 893.01/132: Telegram The Acting Secretary of State to the Chargé in China (Mayer) WASHINGTON, November 12, 1924-6 p. m. 279. With further reference to your No. 439, November 11, 9 a. m. On November 8 the French Ambassador confirmed the suggestion of the French Government outlined in the Department's No. 272, November 6, 6 p. m. The following is the substance of my reply: "The Secretary said that he appreciated the force of the Ambassador's observations; that it was highly desirable that there should be a stable government in China and that the rights which foreigners had should be properly recognized. He called attention to the existing situation. The President had left, attempting to give his authority to a new cabinet. It was difficult to see how this could be called a government entitled to recognition; it was an anomalous condition. However, the future was uncertain. It did not seem |