FIRST OPEN DOOR NOTE *

[John Hay to Andrew D. White]

                        Department of State, Washington, September 6, 1899

At the time when the Government of the United States was informed by that
of Germany that it had leased from His Majesty the Emperor of China the
port of Kiao-chao and the adjacent territory in the province of Shantung,
assurances were given to the ambassador of the United States at Berlin by
the Imperial German minister for foreign affairs that the rights and
privileges insured by treaties with China to citizens of the United States
would not thereby suffer or be in anywise impaired within the area over
which Germany had thus obtained control.

More recently, however, the British Government recognized by a formal
agreement with Germany the exclusive right of the latter country to enjoy
in said leased area and the contiguous "sphere of influence or interest"
certain privileges, more especially those relating to railroads and mining
enterprises; but as the exact nature and extent of the rights thus
recognized have not been clearly defined, it is possible that serious
conflicts of interest may at any time arise not only between British and
German subjects within said area, but that the interests of our citizens
may also be jeopardized thereby.

Earnestly desirous to remove any cause of irritation and to insure at the
same time to the commerce of all nations in China the undoubted benefits
which should accrue from a formal recognition by the various powers
claiming "spheres of interest" that they shall enjoy perfect equality of
treatment for their commerce and navigation within such "spheres," the
Government of the United States would be pleased to see His German
Majesty's Government give formal assurances, and lend its cooperation in
securing like assurances from the other interested powers, that each,
within its respective sphere of whatever influence--

First. Will in no way interfere with any treaty port or any vested interest
within any so-called "sphere of interest" or leased territory it may have
in China.

Second. That the Chinese treaty tariff of the time being shall apply to all
merchandise landed or shipped to all such ports as are within said "sphere
of interest" (unless they be "free ports"), no matter to what nationality
it may belong, and that duties so leviable shall be collected by the
Chinese Government.

Third. That it will levy no higher harbor dues on vessels of another
nationality frequenting any port in such "sphere" than shall be levied on
vessels of its own nationality, and no higher railroad charges over lines
built, controlled, or operated within its "sphere" on merchandise belonging
to citizens or subjects of other nationalities transported through such
"sphere" than shall be levied on similar merchandise belonging to its own
nationals transported over equal distances.

The liberal policy pursued by His Imperial German Majesty in declaring
Kiao-chao a free port and in aiding the Chinese Government in the
establishment there of a customhouse are so clearly in line with the
proposition which this Government is anxious to see recognized that it
entertains the strongest hope that Germany will give its acceptance and
hearty support.  The recent ukase of His Majesty the Emperor of Russia
declaring the port of Ta-lien-wan open during the whole of the lease under
which it is held from China to the merchant ships of all nations, coupled
with the categorical assurances made to this Government by His Imperial
Majesty's representative at this capital at the time and since repeated to
me by the present Russian ambassador, seem to insure the support of the
Emperor to the proposed measure. Our ambassador at the Court of St.
Petersburg has in consequence, been instructed to submit it to the Russian
Government and to request their early consideration of it. A copy of my
instruction on the subject to Mr. Tower is herewith inclosed for your
confidential information.

The commercial interests of Great Britain and Japan will be so clearly
observed by the desired declaration of intentions, and the views of the
Governments of these countries as to the desirability of the adoption of
measures insuring the benefits of equality of treatment of all foreign
trade throughout China are so similar to those entertained by the United
States, that their acceptance of the propositions herein outlined and their
cooperation in advocating their adoption by the other powers can be
confidently expected. I inclose herewith copy of the instruction which I
have sent to Mr. Choate on the subject.

In view of the present favorable conditions, you are instructed to submit
the above considerations to His Imperial German Majesty's Minister for L
Foreign Affairs, and to request his early consideration of the subject.

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*     Papers Relating to the Foreign Relations of the United States, 1899,
     pp. 129-30. Identical notes, with the necessary changes, were sent on
     the same day to Germany, Russia, and England. Similar notes were sent
     later to Japan, Italy, and France.