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• BRANCH
--'^tlioliy Of CALIFORNIA
^S ANGELES. CALiF.
CHINA'S OFFICIAL HISTORY
OF THE
RECENT SINO-JAPANESE TREATIES
J oo'io^ ic yy
OFFICIAL STATEMENT BY THE CHINESE GOVERN- MENT RESPECTING THE SINO-JAPANESE NEGO- TIATIONS NOW BROUGHT TO A CONCLUSION BY CHINA'S COMPLIANCE WITH THE TERMS OF JAPAN'S ULTIMATUM DELIVERED ON MAY 7, 1915
At three o'clock on the afternoon of ^lay 7, 1915, His Excel- lency, the Japanese Minister in Peking delivered to the Chinese Government in person an Ultimatum from the Imperial Japanese Government, with an accompanying Note of seven articles. The concluding sentences of the Ultimatum read thus :
"The Imperial Government hereby again offer their advice
and hope that the Chinese Government, upon this advice, will
give a satisfactory reply by six o'clock p. m. on the ninth day
of Alay. It is hereby declared that if no satisfactory reply is
„ received before or at the specified time the Imperial Govern-
>y ment will take such steps as they may deem necessary."
xV The Chinese Government, having received and accepted the
'»^ Ultimatum, feel constrained to make a frank and plain statement
of the facts connected with the negotiations which were abruptly
terminated by this drastic action on the part of Japan.
The Chinese Government have constantly aimed, as they still aim. at consolidating tlie friendship existing between China and Japan, and, in this period of travail in other parts of the world, have been particularly solicitous of preserving peace in the Far East. Unexpectedly on January 18, 1915, His Excellency the Japanese ^Minister in Peking, in purstiance of instructions from his Government, adopted the unusual procedure of presenting to his Excellency the President of the Republic of China a list (hereto appended ) of twenty-one momentous demands, arranged in five Groups. The first four Groups were each introduced by a preamble, but there was no preamble or explanation to the Fifth in five Groups. The first four Groups were each introduced by a preamble, but there was no preamble or explanation to the Fifth Group. In respect of the character of the demands
286671
in this Group, however, no difference was indicated in the document between them and those embodied in the preceding Groups.
Although there was no cause for such a demarche, the Chinese Government, in deference to the wishes of the Imperial Japanese Government, at once agreed to open negotiations on those articles which it was possible for China to consider, notwithstanding that it was palpable that the whole of the demands were intended to extend the rights and interests of Japan without securing a quid pro quo of any kind for China.
China approached the pending conferences in a spirit of utmost friendliness and with a determination to deal with all questions frankly and sincerely. Before negotiations were actually com- menced, the Japanese Minister raised many questions with regard to the number of delegates proposed to represent China, the num- ber of conferences to be held in each week, and the method of discussion. The Chinese Government, though their views differed from those of the Japanese IMinister, yielded in all these respects to his contentions in the hope of avoiding any delay in the nego- tiations. The objections of the Japanese IMinister to the custom- ary recording and signing of the minutes of each conference, which the Chinese Government suggested as a necessary and ad- visable precaution, as well as one calculated to facilitate future reference, were also accepted. Nor did the Chinese Government retaliate in any way when in the course of the negotiations the Japanese IMinister twice suspended the conferences, obviously with the object of compelling compliance with his views on cer- tain points at the time under discussion. Even when delay was threatened owing to the unfortunate injury sustained by the Jap- anese Minister as a result of a fall from his horse, the Chinese delegates, in order to avert interruption, proposed that the con- ferences should be continued at the Japanese Legation, which pro- posal was accepted. Later, when, on March 22, the Japanese Government despatched large bodies of troops to South Manchu- ria and Shantung for the ostensible purpose of relieving the gar- rison— whose term of service had not then expired — the Japanese Minister stated at the conference, in reply to a direct question as to when the retiring troops would be withdrawn, that this would not be done until the negotiations could be brought to a satisfac- tory conclusion. Although this minatory step caused much ex-
citement, indignation and alarm on the part of the Chinese people, and made it difficult for the Chinese Government to continue the conferences, they successfully exerted efforts to avert a rupture and thus enabled the negotiations smoothly to proceed. All this demonstrates that the Chinese Government were dominated by a sincere desire to expedite the progress of the conferences; and that the Japanese Government recognized this important fact was made clear on March 11 when the Japanese Minister conveyed to the Chinese Government an expression of his Government's ap- preciation of China's frankness and sincerity in the conduct of the negotiations.
From February 2, when the negotiations were commenced, to April 17, twenty-four conferences were held in all. Throughout this whole period the Chinese Government steadfastly strove to arrive at an amicable settlement and made every concession pos- sible.
Of the twenty-one demands originally submitted by Japan, China agreed to fifteen, some in principle and some textually, six being initialled by both parties.
In the Matter of the Demands to Which China Agreed At the first conference, held on February 2. China agreed in principle to the first article of the Shantung group of demands which provides that China should give her assent to the transfer of Germany's rights in Shantung to Japan. The Chinese Govern- ment maintained at first that the subject of this demand related to the post belluin settlement, and, therefore, should be left over for discussion by all the parties interested at the Peace Confer- ence. Failing to persuade the Japanese ^linister to accept this view, the Chinese Government agreed to this demand in principle, and made certain supplementary proposals.
One of the supplementary proposals was in these terms :
"The Japanese Government declares that when the Chinese Government give their assent to the disposition of interests above referred to, Japan will restore the Leased Territory of Kiaochow to China, and further recognizes the right of the Chinese Government to participate in the negotiations referred to above between Japan and Germany."
The provision for a declaration to restore Kiaochow was clearly not a demand on Japan but only a reiteration of Japan's volun-
6
tary statement in her Ultimatum to Germany on August 15, 1914, (a copy of which was officially transmitted to the Chinese Government for perusal on August 15), and repeated in public statements by the Japanese Premier. Appreciating the earnest desire of Japan to maintain the peace of the Far East and to cement her friendship with China, as evidenced by this friendly offer, the Chinese Government left the entire question of the conditions of restoration to be determined by Japan, and re- frained from making anv reference thereto in the supplementary proposal. The suggestion relating to participation in the Con- ference between Japan and Germany was made in view of the fact that Shantung, the object of future negotiation between Japan and Germany, is a Chinese Province, and therefore China is the Power most concerned in the future of that territory.
Another supplementary proposal suggesting the assumption by Japan of responsibility for indemnification of the losses arising out of the military operations by Japan in and about the leased territory of Kiaochow was necessitated by the fact that China was neutral z'is-a-vis the war between Japan and Germany. Had China not inserted such a provision, her position in relation to this conflict might have been liable to misconstruction-— the local- ities in which the operations took place being a portion of China's territory — and might also have exposed herself to a claim for indemnification of losses for which she was in no way responsible.
In a further supplementary proposal the Chinese Government suggested that, prior to the restoration of the Kiaochow territory to China, the Alaritime Customs, the telegraphs and post offices should be continued to be administered as heretofore ; that the military railway, the telegraph lines, etc.. which were installed by Japan to facilitate her military operations, should be removed forthwith : that the Japanese troops now stationed outside of the leased territory should be first withdrawn, and those wnthin the territory should be recalled at the time when Kiaochow is re- turned to China. Shantung being a Chinese Province, it was nat- ural for China to be anxious concerning the restoration of the status quo ante helium. Although the Chinese Government were confident that the Japanese Government would eft'ect such restora- tion in pursuance of their official declaration, it was necessary for China, being neutral throughout the war, to place these matters on record.
At the third conference, hehi on February 22, China agreed to the second demand in the Shantung Group not to cede or lease to any Power any territory or island on the sea border of Shan- tung.
At the fifth conference, held on February 29. China agreed lo give Japan the preference, provided Germany abandoned the privilege, to supply the capital for the construction of a railway from Chefoo or Lungkow to connect with the Kiaochow-Tsinanfu railway, in the event of China deciding to build that railway with foreign capital.
At the sixth conference, held on March 3, China, in the interests of foreign trade, agreed to open certain important cities in Shan- tung as trade marts under regulations approved by the Japanese Government, although this was a demand on the part of Japan for privileges additional to any that hitherto had been enjoyed by Germany and was not an outcome of the hostilities between Japan and Germany, nor. in the opinion of the Chinese Government, was its acceptance essential to the preservation of peace in the Far East.
At the eigJith conference, held on March 9, China agreed (1) to the extension of the term of the lease of Dairen and (2) Port Arthur, and (3) of the South ]\Ianchuria and (4) Antung- Mukden railways, all to 99 years.
Owing to the bitter experiences which China sustained in the past in connection with the leased portions of her territory, it has become her settled policy not to grant further leases nor to extend the term of those now in existence. Therefore, it was a significant indication of China's desire to meet Japan's wishes when she agreed to this exceptional departure from her settled policy.
At the same conference the Chinese Government also agreed to refrain from raising objections to the principle of co-operation in the Hanyehping Company, if the latter should arrive at an agreement in this respect with the Japanese capitalists concerned. With reference to this question it was pointed out to the Japanese Minister that, in the Provisional Constitution of the Republic of China. Chinese subjects are guaranteed the right of protection of their property and freedom to engage in any lawful occupation. The Government were precluded, therefore, from interfering
with the private business of the people, and could not find any- other solution than the one thus agreed to.
As regards the single article of the Fourth Group, and the preamble thereto, the Chinese Government held that they were inconsistent with Chinese sovereignty. However, China, at this conference, expressed her readiness to meet the wishes of Japan so far as it was possible without infringing her sovereignty, and agreed to make a voluntary pronouncement that she would not alienate any portion of 'her coast line.
In connection with the South IManchuria Railway it is worthy of note that the provision regarding the repurchase period in the agreement (36 years from 1902) was not mentioned in Japan's original proposal. Subsequently the Japanese Government, on the ground that the meaning of this provision w^as not clear, requested China to agree to its cancellation. To this request the Chinese Government acceded, though well aware that the proposed change could only benefit Japan. China thus relinquished the right to repurchase the railway at the expiration of another 23 years.
In connection with the Antung-]\Iukden Railway, the article, which was originally initialled at the conference, provided for the reversion of the railway to China at the end of 99 years without payment, but, at the subsequent meeting, the Japanese Minister requested that the reference to the reversion without payment be deleted from the initialled article. In acceding to the Japanese jNIinister's request, China again showed her sincere desire to ex- pedite matters and to meet Japan's wishes even at the sacrifice of a point in her favor, to which Japan had already agreed.
At the eleventh conference, held on March 16, China agreed to give Japan preference in regard to loans for railway construction in South IManchuria.
At the tli'trteentJi conference, held on March 23, China agreed (1) to the amendment of the Kirin-Changchun Railway loan agreement; (2) to give preference to Japan if the revenue of South IManchuria were offered as security for loans; (3) to give j)reference to Japanese in the event of the employment of ad- visers for South IManchuria ; (4) to grant to Japanese the right of mining in nine specified areas in South Manchuria.
In its original form the demand with reference to mining in South IManchuria tended to create a monopoly for Japanese sub-
jects, and, therefore, was entirely inconsistent with the principle of equal opportunity. The Chinese Government explained that they could not, in view of the treaty rights of other Powers, agree to this monopoly, but they readily gave their acceptance when Japan consented to the modification of the demand so as to miti- gate its monopolistic character.
In connection with the Kirin-Changchun Railway, the amend- ment agreed to involve a fundamental revision of the original agreement on the basis of the existing railway loan contracts concluded by China with other foreign capitalists, as well as an engagement on the part of the Chinese Government to extend to this railway any better terms which may be hereafter accorded to other railway concessionaires in China. The capital of this rail- way was originally fifty per cent Chinese and fifty per cent Jap- anese. The efifect of this undertaking is to transfer the capital originally held by the Chinese, as well as the full control and administration of the railway, to the Japanese.
At the twenty-first conference, held on April 10, China agreed, in regard to the demands concerning Fukien Province, to give Japan an assurance in accordance with Japan's wishes at a future time.
As regards demands 2 and 3 in the [Manchuria Group, relating to the ownership of land for trade, manufacture, and agricultural enterprises, as well as for the right of settlement in the interior of South Manchuria, the Chinese Government, after discussion at several conferences, agreed to them in principle, but desired to introduce certain amendments concerning the control and pro- tection of the Japanese subjects who might avail themselves of these rights. The course of the negotiations in connection with these amendments will be referred to subsequently.
In the Matter of Those Demands to Which China Could
Not Agree
Of the twenty-one original demands there were six, as pre- viously mentioned, to which China could not agree on the ground that they were not proper subjects for international negotiation, conflicting as they did with the sovereign rights of China, the treaty rights of other Powers, and the principle of equal oppor- tunity.
10
Thus, for example, the second article of the Hanyehping ques- tion in the original Third Group in particular seriously afifected the principle of equal commercial opportunity.
The proposal that there should be joint administration by China and Japan of the police in China was clearly an interfer- ence with the Republic's domestic afifairs, and consequently an infringement of her sovereignty. For that reason the Chinese Government could not take the demand into consideration. But when it was explained by the Japanese Minister that this referred only to South Alanchuria, and he suggested that his Government would be satisfied if China agreed to engage Japanese as police advisers for that territory, the Chinese Government accepted the suggestion.
The two articles relating to the acquisition of land for schools, hospitals, and temples, as well as to the right of missionary prop- aganda, would, in the opinion of the Chinese Government, have presented grave obstacles to the consolidation of the friendly feeling subsisting between the two people. The religions of the two countries are identical and, therefore, the need for a mis- sionary propaganda to be carried on in China by Japanese does not exist. The natural rivalry between Chinese and Japanese followers of the same faith would tend to create incessant dis- putes and friction. Whereas Western missionaries live apart from the Chinese communities among which they labor, Japanese monks would live with the Chinese ; and the similarity of their physical characteristics, their religious garb, and their habits of life would render it impossible to distinguish them for purposes of afifording the protection which the Japanese Government would require should be extended to them under the system of extra- territoriality now obtaining in China. Moreover a general appre- hension exists among the Chinese people that these peculiar con- ditions favoring conspiracies for political purposes might be taken advantage of bv some unscrupulous Chinese.
The demand for railway concessions in the Yangtsze Valley conflicted with the Shanghai-Hangchow-Ningpo Railway Agreement of March 6, 1908. the Nanking-Changsha Railway Agreement of March 31, 1914, and the engagement of August 24, 1914, giving preference to British firms for the projected line from Nanchang to Chaochowfu. For this reason the Chinese Government found themselves unable to consider the
11
demand, though the Japanese Minister, while informed of China's engagements with Great Britain, repeatedly pressed for its acceptance.
In respect to the demand for the appointment of influential Japanese to be advisers and instructors in political, financial and military affairs, the policy of the Chinese Government in regard to the appointment of advisers has been similar to that which has presumably guided the Japanese Government in like selection of the best qualified men irrespective of their nationality. As an indication of their desire to avail themselves of the services of eminent Japanese, one of the earliest appointments made to an advisership was that of Dr. Ariga, while later on Dr. Hirai and Mr. Nakayami were appointed to the Ministry of Communications.
It was considered that the demand that Japanese should be appointed in the three most important administrative departments, as well as the demand for the joint control of China's police, and the demand for an engagement to purchase a fixed amount of arms and ammunition from Japan or to establish joint arsenals in China, so clearly involved the sovereignty of the Republic that the Chinese Government were unable even to consider them.
For these reasons the Chinese Government, at the very outset of the negotiations, declared that they were tmable to negotiate on the demands; but, in deference to the wishes of the Japanese Minister, the Chinese delegates consented to give the reasons for declining to enter into a discussion of them.
In the Matter of the Questions of Dispute Involved In Some of the Foregoing Demands
The demand by Japan for the right of her subjects in South Manchuria to lease or own land, and to reside and travel, and to engage in business or manufacture of any kind whatever, was deemed by the Chinese Government to obtain for Japanese sub- jects in this region a privileged status beyond the terms of the treaties existing between the two nations, and to give them a free- dom of action which would be a restriction of China's sovereignty and a serious infringement of her administrative rights. Should Japanese subjects be granted the right of owning land, it would mean that all the landed property in the region might fall into their hands, thereby endangering China's territorial integrity. Moreover, residence in the interior was incompatible with the
12
existence of extra-territoriality, the relinquishment of which is necessary to the actual enjoyment of the privilege of inland resi- dence, as evidenced in the practice of other nations.
Japan's unconditional demand for the privilege of inland resi- dence accompanied with a desire to extend extra-territoriality into the interior of China and to enable Japanese subjects to monop- olize all the interests in South IManchuria, was also palpably irreconcilable with the principle of equal opportunity. For this reason the Chinese Government were, in the first instant, unable to accept this demand as a basis of negotiation. Their profound regard for the friendly relations of the two countries, however, persuaded them to exert their utmost efforts, in spite of all the inherent difficulties, to seek a solution of a question which was practically impossible to solve. Knowing that the proposal made by Japan was incompatible with treaties, they nevertheless sought to meet her wishes within the limits of treaties. Accordingly they submitted a counter-proposal to open more places in South Man- churia to international trade and to establish Sino-Japanese joint reclamation companies.
This suggestion was made in the belief that the places to which Japanese subjects would desire to resort for purposes of trade, could not be other than important localities ; if all these localities were opened to commerce, then they could reside, trade, and lease land there for joint reclamation. Thus Japanese subjects might enjoy the essence of the privilege of inland residence and would still be able to reconcile their position with China's treaties and the principle of equal opportunity.
After the Japanese Government declined to accept this sug- gestion, China withdrew it and replaced it with an amendment to the original articles. It was proposed in this amendment to grant to Japanese subjects the extra-treaty privilege of inland residence with the provisos that Japanese subjects in places outside of trade marts should observe Chinese police regulations and pay taxes in the same manner as Chinese ; and that civil and criminal cases involving such Japanese subjects should be adjudicated by Chinese Authorities, the Japanese Consul attending merely to watch the proceedings. This suggestion was not an innovation ; it was based upon the modus operandi now in force as regards the Korean settlers in inland districts in Chientao. But the Japanese Government again declined to accept it.
13
The Chinese Government thereupon made a third proposal along the line of what constitutes the present practice in Turkey, making a distinction, however, in favor of Japanese subjects, in the exercise of jurisdiction over civil and criminal cases. This was once more objected to by the Japanese Government.
Then the Chinese Government proposed to concede still another step — the fourth endeavor to meet Japan's wishes. They proposed to agree to the full text of Articles 2 and 3 relative to the question of inland residence, except that "the right of owning land'' was changed into "the right of leasing land" and to the phrase "culti- vating land" was added this clause : "the regulations for which shall be determined separately ;" and, further, to add a supple- mentary article which embodied a modus operandi which the Chinese Government had constrained themselves to make, out of a desire to come to a settlement over this question. The view advanced in this supplementary article was based upon the Jap- anese Minister's declaration made on March 6, 1915, that a sep- arate article embodying some compromise might be added to the original articles 2 and 3 for the purpose of avoiding any conflict with China's sovereignty or the system established by treaties. These suggestions made by the Chinese Government were not accepted by Japan.
As regards Eastern Inner iMongolia, not only have no treaties been entered into with Japan concerning this region, but also the people are so unaccustomed to foreign trade, that the Chinese Government invariably feel much anxiety about the safety of foreigners who elect to travel there. The Chinese Government, therefore, considered that it would not be in the interest of for- eigners to open the whole territory to them for residence and com- merce, and on these grounds based their original refusal to place Eastern Inner IMongolia on the same footing as South Manchuria. Still, their desire to meet the wishes of the Japanese Government eventually prompted them to offer to open a number of places in the region to foreign trade.
In the Matter of Japan's Revised Demands
The foregoing is an outline of the negotiations up to April 17. It was hoped by the Chinese Government that the Japanese Government, in view of the great concessions made by China at
14
the conferences held up to this time, would see a way of effecting an amicable settlement by modifying their position on certain points. In regard to these it had, by this time, become manifest that China would encounter almost insuperable difficulties in making further concessions.
The Japanese Government, however, suspended the negotia- tions until April 26 when they surprised the Chinese Government by presenting a new list of twenty-four demands (which is hereto appended), and requested the Chinese Government to accord their acceptance without delay, adding that this was their final pro- posal. At the same time the Japanese Minister stated that the Japanese Government would restore the leased territory of Iviaochow to China at an opportune time in the future and under ])roper conditions, if the Chinese Government would agree to the new list of twenty-four demands without modification.
In this new list, although the term "special position" in the preamble of the Manchurian Group was changed to "economic relations,'' and although the character of the articles in the original Fifth Group was altered from Demands to a recital of alleged statements by the Chinese Foreign Minister, four new demands xrere introduced concerning Eastern Inner Mongolia. In deference to the wishes of the Japanese Government, the Chinese Govern- ment gave the revised list the most careful consideration ; and being sincerely desirous of an early settlement offered new con- cessions in their reply presented to the Japanese ^Minister on May 1. (Annexed.)
In this reply the Chinese Government reinserted the proposal in reference to the retrocession of Kiaochovv, which they advanced at the first conference on February 2, and which was postponed at the request of the Japanese jNIinister. This, therefore, was in no sense a new proposal.
The Chinese Government also proposed to agree to three of the four articles relating to Eastern Inner ^Mongolia. There was some difficulty in determining a definition of the boundaries of Eastern Inner Alongolia — this being a new expression in Chinese geographical terminolog}' — but the Chinese Government, acting upon a statement made at a previous conference by the Japanese ^Minister that the Ja])anese Government meant the region under Chinese administrative jurisdiction, and taking note, in the list presented by the Japanese Minister, of the names of places in
15
Eastern Inner Mongolia to be opened to trade, inferred that the so-called Eastern Inner ^Mongolia is. that part of Inner Mongolia which is under the jurisdiction of South Manchuria and the Jehol Intendency ; and refrained from placing any limitations upon the definition of this term.
The Chinese Government also withdrew their supplementary proposal reserving the right of making regulations for agricultural enterprises to be undertaken by Japanese settlers in South ]\Ian- churia.
In respect of the trial of cases involving land disputes between Japanese only, or between Japanese and Chinese, the Chinese Government accorded to the Japanese Consul the right of deputing an officer to watch the proceedings.
The Chinese Government also agreed to accept the suggestion of the Japanese Government to modify the term "police law and ordinances" into "police rules and regulations,'' thereby limiting the extent of control which the Chinese would have over Japanese subjects.
As regards the Hanyehping demand, the Chinese Government accepted the draft made by the Japanese Government, embodying an engagement by the Chinese Government not to convert the Company into a State-owned concern, nor to confiscate it, nor to force it to borrow foreign capital other than Japanese.
In respect of the Fukien question the Chinese Government also agreed to give an assurance in the amplified form suggested by the Japanese Government that the Chinese Government had not given their consent to any foreign nations to construct a dockyard, or a coaling station, or a naval base, or any other military estab- lishment along the coast of Fukien Province ; nor did they con- template borrowing foreign capital for the foregoing purposes.
Having made these concessions which practically brought the views of China into line with those of Japan, and having ex- plained in a note accompanying the reply the difficulty for China to make further concessions, the Chinese Government hoped that the Japanese Government would accept their reply of jMay 1. and thus bring the negotiations to an amicable conclusion.
The Japanese Government, however, expressed themselves as being dissatisfied with China's reply, and withdrew the conditional ofifer to restore Kiaochow to China made on April 26. It was further intimated that if the Chinese Government did not give
16
their full compliance with the list of twenty-four demands, Japan would have recourse to drastic measures.
Upon receiving this intimation the Chinese Government, in- spired by the conciliatory spirit which had been predominant from the very beginning of the negotiations and desirous of avoiding any possible rupture in the relations of the two countries, made a supreme effort to meet the situation, and represented to the Japanese Government that they would reconsider their position and make another attempt to find a solution that would be more satisfactory to Japan, in respect to those articles wdiich China had declared could not be taken up for consideration, but to which Japan attached great importance. Even in the evening of May 6. after the Japanese Minister had notified the Chinese Govern- ment that the Ultimatum had arrived in Peking, the Chinese Government in the interests of peace still exerted efforts to save the situation by offering to meet Japan's wishes.
These overtures were again rejected, and thus exhausted the means at the disposal of the Chinese Government to prevent an impasse.
It is plain that the Chinese Government proceeded to the fullest extent of possible concession in view of the strong national sentiment manifested by the people throughout the whole period of negotiations. All that the Chinese Government strove to maintain w^as China's plenary sovereignty,' the treaty rights of foreign Powers in China and the principle of equal opportunity.
To the profound regret of the Chinese Government, however, the tremendous sacrifices which they had shown themselves ready to make, proved unavailing, and an Ultimatum (the text of which is appended) was duly delivered to them by the Japanese Minister at three o'clock on the afternoon of Alay 7.
As to the allegations made in the Ultimatum against China, the Chinese Government hope that the foregoing outline of the history of the negotiations constitutes a clear, dispassionate, and complete reply.
In considering the nature of the course they should take v.-ith reference to the Ultimatum the Chinese Government was influenced by a desire to preserve the Chinese people, as well as the large number of foreign residents in China, from unnecessary suffering, and also to prevent the interests of friendly Powers from being imperiled. For these reasons the Chinese Govern-
17
ment were constrained to comply in full with the terms of the Ultimatum (the reply being hereto appended), but in complying the Chinese disclaim any desire to associate themselves with any revision, which may thus be effected, of the various conventions and agreements concluded between other Powers in respect of the maintenance of China's territorial independence and integrity, the preservation of the status quo, and the principle of equal opportunity for the commerce and industry of all nations in China.
18
THE DOCUMENTS IN THE SINO-JAPANESE NEGOTIATIONS
JAPAN'S TWENTY-ONE DEMANDS
Translation of Document Handed to the President, Yuan
Shih-Kai, by Mr. Hioki, the Japanese Minister,
on January 18th, 1915.
The Japanese Government and the Chinese Government being desirous of maintaining the general peace m Eastern Asia and further strengthening the friendly relations and good neighboi"- hood existing between the two nations agree to tlie following articles :
Article 1. The Chinese Government engages to give full assent to all matters upon Avhich the Japanese Government may here- after agree with the German Government relating to the disposi- tion of all rights, interests and concessions, which Germany by virtue of treaties or otherwise, possesses in relation to the Province of Shantung.
Article 2. The Chinese Go\ernment engages that within the Province of Shantung and along its coast, no territory or island will be ceded or leased to a third Power under any pretext.
Article 3. The Chinese Government consents to Japan's build- ing a railway from Chefoo or Lungkou to join the Kiaochou- Chinanfu Railway.
Article 4. The Chinese Government engages, in the interest of trade and for the residence of foreigners, to open by herself as soon as possible certain important cities and towns in the Province of Shantung as Commercial Ports. W'hat places shall be opened are to be jointly decided upon in a separate agreement.
19
11.
The Japanese Government and the Chinese Government, since the Chinese Government has always acknowledged the special posi- tion enjoyed by Japan in South Manchuria and Eastern Inner Mongolia, agree to the following articles :
Article 1. The two Contracting Parties mutually agree that the term of lease of Port Arthur and Dalny and the term of lease of the South ^Manchurian Railway and the Antung-jMukden Railway shall be extended to the period of 99 years.
Article 2. Japanese subjects in South Manchuria and Eastern Inner Mongolia shall have the right to lease or own land required either for erecting suitable buildings for trade and manufacture or for farming.
Article 3. Japanese subjects shall be free to reside and travel m South Manchuria and Eastern Inner ^Mongolia and to engage in business and in manufacture of any kind whatsoever.
Article 4. The Chinese Government agrees to grant to Japanese subjects the right of opening the mines in South ^Manchuria and Eastern ^Mongolia. As regards what mines are to be opened, they shall be decided upon jointly.
Article 5. The Chinese Government agrees that in respect of the (two) cases mentioned herein below the Japanese Govern- ment's consent shall be first obtained before action is taken :
(a) Whenever permission is granted to the subject of a third Power to build a railway or to make a loan with a third Power for the purpose of building a railway in South ^Manchuria and Eastern Inner Monogia.
(b) Whenever a loan is to be made with a third Power pledg- ing the local taxes of South Manchuria and Eastern Inner Mon- golia as security.
Article 6. The Chinese Government agrees that if the Chinese Government employs political, financial or military advisers or instructors in South Manchuria or Eastern Mongolia, the Japanese Government shall first be consulted.
Article 7. The Chinese Government agi-ees that the control and management of the Kirin-Changchun Railway shall be handed over to the Japanese Government for a term of 99 years dating from the signing of this Agreement.
20
III.
The Japanese Government and the Chinese Government, seeing that Japanese financiers and the Hanyehping Co., have close rela- tions with each other at present and desiring that the common interests of the two nations shall be advanced, agree to the fol- lowing articles :
Article 1. The two Contracting Parties mutually agree that when the opportune moment arrives the Hanyehping Company shall be made a joint concern of the two nations and they further agree that without the previous consent of Japan, China shall not by her own act dispose of the rights and property of whatso- ever nature of the said Company nor cause the said Company to dispose freely of the same.
Article 2. The Chinese Government agrees that all mines in the neighborhood of those owned by the Hanyehping Company shall not be permitted, without the consent of the said Company, to be worked by other persons outside of the said Company ; and further agrees that if it is desired to carry out any undertaking which, it is apprehended, may directly or indirectly affect the interests of the said Company, the consent of the said Company shall first be obtained.
IV.
The Japanese Government and the Chinese Government with the object of effectively preserving the territorial integrity of China agree to the following special article :
The Chinese Government engages not to cede or lease to a third Power any harbor or bay or island along the coast of China.
V.
Article 1. The Chinese Central Government shall employ in- fluential Japanese as advisers in political, financial and military affairs.
Article 2. Japanese hospitals, churches and schools in the interior of China shall be granted the right of owning land.
Article 3. Inasmuch as the Japanese Government and the Chinese Government have had many cases of dispute between Japanese and Chinese police which caused no little misunder- standing, it is for this reason necessary that the police departments
21
of important places (in China) shall be jointly administered by Japanese and Chinese or that the police departments of these places shall employ numerous Japanese, so that they may at the same time help to plan for the improvement of the Chinese Police Service.
Article 4. China shall purchase from Japan a fixed amount of munitions of war (say 50% or more of what is needed by the Chinese Government) or that there shall be established in China a Sino- Japanese jointly worked arsenal. Japanese technical ex- perts are to be employed and Japanese material to be purchased.
Article 5. China agrees to grant to Japan the right of con- structing a railway connecting Wuchang with Kiukiang and Nan- chang, another line between Nanchang and Hangchow, and an- other between Nanchang and Chaochou.
Article 6. If China needs foreign capital to work mines, build railways and construct harbor-works (including dock-yards) in the Province of Fukien, Japan shall be first consulted.
Article 7. China agrees that Japanese subjects shall have the right of missionary propaganda in China.
JAPAN'S REVISED DEMANDS
Japan's Revised Demands on China, Twenty-Four in All, Presented April 26, 1915.
The revised list of articles is a Chinese Translation of the Japanese text. It is hereby declared that when a final decision is reached, there shall be a revision of the wording of the text.
Group I
The Japanese Government and the Chinese Government, being desirous of maintaining the general peace in Eastern Asia and further strengthening the friendly relations and good neighbor- hood existing between the two nations, agree to the following articles :
Article 1. The Chinese Government engages to give full assent to all matters upon which the Japanese Government may here- after agree with the German Government, relating to the disposi-
22
lion of all rights, interests and concessions, which Germany, by virtue of treaties or otherwise, possesses in relation to the Prov- ince of Shantung.
Article 2. (Changed into an exchange of notes. ) The Chinese Government declares that within the Province of Shantung and along its coast no territory or island will be ceded or leased to any Power under any pretext.
Article 3. The Chinese Government consents that as regards rhe railway to be built by China herself from Chefoo or Lungkow, 1o connect with the Kiaochow-Tsinanfu railway, if Germany is v/illing to abandon the privilege of financing the Chefoo- A\'eihsien line, China will approach Japanese capitalists to negotiate for a loan.
Article 4. The Chinese Government engages, in the interest of trade and for the residence of foreigners, to open by China herself as soon as possible certain suitable places in the Province of Shantung as Commercial Ports.
(Supplementary Exchange of Notes.)
The Places which ought to be opened are to be chosen, and the regulations are to be drafted, by the Chinese Government, but the Japanese Minister must be consulted before making a decision.
Group II
The Japanese Government and the Chinese Government, with a view to developing their economic relations in South Manchuria and Eastern Inner Mongolia, agree to the following articles :
Article 1. The two contracting Powers mutually agree that the term of lease of Port Arthur and Dalny and the term of the South Manchuria Railway and the Antung-lMukden Railway, shall be extended to 99 years.
(Supplementary exchange of notes.)
The term of lease of Port Arthur and Dalny shall expire in the 86th year of the Republic or 1997. The date for restoring the South Manchurian Railway to China shall fall due in the 91st year of the Republic or 2002. Article 12 in the original South Manchurian Railway Agreement that it may be redeemed by China after 36 years after the traffic is opened is hereby can- celled. The term of the .\ntung-AIukdcn Railway shall expire in the 96th year of the Republic or 2007.
23
Article 2. Japanese subjects in South Alanchuria may lease or purchase the necessary land for erecting suitable buildings for trade and manufacture or for prosecuting agricultural enter- prises.
Article 3. Japanese subjects shall be free to reside and travel in South Manchuria and to engage in business and manufacture of any kind whatsoever.
Article 3a. The Japanese subjects referred to in the preced- ing two articles, besides being required to register with the local authorities passports which they must procure under the existing regulations, shall also submit to police laws and ordinances and tax regulations, which are approved by the Japanese Consul. Civil and criminal cases in which the defendants are Japanese shall be tried and adjudicated by the Japanese Consul ; those in vv'hich the defendants are Chinese shall be tried and adjudicated Ijy Chinese Authorities. In either case an officer can be deputed to the court to attend the proceedings. But mixed civil cases between Chinese and Japanese relating to land shall be tried and adjudicated by delegates of both nations conjointly, in accord- ance with Chinese law and local usage. When the judicial system in the said region is completely reformed, all civil and criminal cases concerning Japanese subjects shall be tried entirely by Chinese law courts.
Article 4 (Changed to an exchange of notes.)
The Chinese Government agrees that Japanese subjects shall be permitted forthwith to investigate, select, and then prospect for and open mines at the following places in South Manchuria, apart from those mining areas in which mines are being pros- pected for or worked ; until the Mining Ordinance is definitely settled, methods at present in force shall be followed : Province of Feng-tien
LOCALITY DISTRICT ]MIXP:RAL
Niu Hsin T'ai Pen-hsi Coal
Tien Shih Fu Kou Pen-hsi do
Sha Sung Kang Hai-lung do
T'ieh Ch'ang T'ung-hua do
Nuan Ti T'ang Chin do
An Shan Chan From Liao-yang to Pen-hsi
region Iron
24 Province of Kirin (Southern Portion)
Sha Sung Kang Ho-lung C. & 1. Kang Yao Chi-lin
f Kirin) Coai
Chia P'i Kou Hua-tien Gold
Article 5. (Changed to an exchange of notes.) The Chinese Government declares that China will hereafter provide funds for building railways in South Manchuria; if for- eign capital is required the Chinese Government agrees to nego- tiate for a loan with Japanese Capitalists first.
Article 5a. (Changed to an exchange of notes.) The Chinese Government agrees that hereafter, when a foreign loan is to be made on the security of the taxes of South Man- churia (not including customs and salt revenue on the security of which loans have already been made by the Central Govern- ment), it will negotiate for the loan with Japanese capitalists first.
Article 6. (Changed to an exchange of notes.) The Chinese Government declares that hereafter if foreign ad- visers or instructors on political, financial, military or police mat- ters are to be employed in South Manchuria, Japanese will be em- ployed first.
Article 7. The Chinese Government agrees speedily to make a fundamental revision of the Kirin-Changchun Railway Loan Agreement, taking as a standard the provisions in railway loan agreements made heretofore between China and foreign finan- ciers. If, in future, more advantageous terms than those in exist- mg railway loan agreements are granted to foreign financiers, in connection with railway loans, the above agreement shall again be revised in accordance with Japan's wishes.
Chinese Counter-Proposal to Article 7
All existing treaties between China and Japan relating to Man- churia shall, except where otherwise provided for by this Con- vention remain in force.
25
Matters Relating to Eastern Inner Mongolia
1. The Chinese Government agrees that hereafter when a for- eign loan is to be made on the security of the taxes of Eastern Inner AIongoHa, China must negotiate with the Japanese Govern- ment first.
2. The Chinese Government agrees that China will herself provide funds for building the railways in Eastern Inner Mongo- lia; if foreign capital is required, she must negotiate with the Japanese Government first.
3. The Chinese Government agrees, in the interest of trade and for the residence of foreigners, to open by China herself, as soon as possible, certain places suitable in Eastern Inner ^Mongolia as Commercial Ports. The places which ought to be opened are to be chosen, and the regulations are to be drafted, by the Chinese Government, but the Japanese ]\Iinister must be consulted before making a decision.
4. In the event of Japanese and Chinese desiring jointly to undertake agricultural enterprises and industries incidental there- to, the Chinese Government shall give its permission.
Group III
The relations between Japan and the Hanyehping Company be- ing very intimate, if the interested party of the said Company comes to an agreement with the Japanese capitalists for co-opera- tion, the Chinese Government shall forthwith give its consent thereto. The Chinese Government further agrees that, without the consent of the Japanese capitalists, China will not convert the Company into a State enterprise, nor confiscate it, nor cause it to borrow and use foreign capital other than Japanese.
Article IV
China to give a pronouncement by herself in accordance with the following principle :
No bay, harbor, or island along the coast of China may be ceded or leased to any Power.
26
Notes to Be Exchanged A.
As regards the right of financing a raihvay from Wuchang to connect with the Kiukiang-Nanchang Hne, the Nanchang-Hang- chow railway, and the Xanchang-Chaochow raihvay, if it is clearly ascertained that other Powers have no objection, China shall grant the said right to Japan.
B.
As regards the right of financing a railway from Wuchang to connect with the Kiukiang-Nanchang railway, a railway from Xanchang to Hangchow and another from Nanchang to Chao- chow, the Chinese Government shall not grant the said right to any foreign Pozi'er before Japan comes to an understanding with the other Power which is heretofore interested therein.
Notes to Be Exchanged
The Chinese Government agrees that no nation whatever is to be permitted to construct, on the coast of Fukien Province, a dock- yard, a coaling station for military use, or a naval base ; nor to be authorized to set up any other military establishment. The Chinese Government further agrees not to use foreign capital for setting up the above-mentioned construction or establishment.
]\Ir. Lu, the ^Minister of Foreign Affairs, stated as follows:
1. The Chinese Government shall, whenever, in future, it con- siders this step necessary, engage numerous Japanese advisers.
2. Whenever, in future. Japanese subjects desire to lease or purchase land in the interior of China for establishing schools or hospitals, the Chinese Government shall forthwith give its consent thereto.
.3. When a suitable opportunity arises in future, the Chinese Government will send military officers to Japan to negotiate with Japanese military authorities the matter of purchasing arms or that of establishing a joint arsenal.
Mr. Hioki, the Japanese ^Minister, stated as follows : As relates to the question of the right of missionary propa- ganda, the same shall be taken up again for negotiation in future.
27
CHINA'S MEMORANDUM TO THE JAPANESE MINISTER
Memorandum Read by the Minister of Foreign Affairs to Mr.
Hioki, the Japanese Minister, at a Conference Held
at Waichiaopu, May 1, 1915.
The list of demands which the Japanese Government first pre- sented to the Chinese Government consists of five Groups, the first relating to Shangtung, the second relating to South Manchuria and Eastern Inner Mongolia, the third relating to the Hanyehping Company, the fourth asking for non-alienation of the coast of the coimtry, and the fifth relating to the questions of national ad- visers, national police, national arms, missionary propaganda, Yangtse Valley railways, and Fukien Province. Out of profound regard for the intentions entertained by Japan, the Chinese Gov- ernment took these momentous demands into grave and careful consideration and decided to negotiate with the Japanese Govern- ment frankly and sincerely what were possible to negotiate. This is a manifestation to Japan of the most profound regard which the Chinese Government entertains for the relations between the two nations.
Ever since the opening of the negotiations China has been doing her best to hasten their progress, holding as many as three conferences a week. As regards the articles in the second group, the Chinese Government, being disposed to allow the Japanese Government to develop the economic relations of the two countries in South Manchuria, realizing that the Japanese Government at- taches importance to its interests in that region, and wishing to meet the hopes of Ja])an. made a painful efifort. without hesitation, to agree to the extension of the 25-year lease of Port Arthur and Dalnv, the 36-year period of the South Manchuria railway and the 15-year period of the Antung-]\Iukden railway, all to 99 years ; and to abandon its own cherished hopes to regain control of these places and properties at the expiration of their respective original terms of lease. It cannot but be admitted that this is a most genuine proof of China's friendship for Japan. As to the rights of opening mines in South Manchuria, the Chinese Government has already agreed to permit Japanese to work mines within the
28
mining areas designated by Japan. China has further agreed to give Japan a right of preference in the event of borrowing foreign capital for building railways or of making a loan on the security of the local taxes in South Manchuria. The question of revising the arrangement for the Kirin-Changchun railway has been settled in accordance with the proposal made by Japan. The Chinese Government has further agreed to employ Japanese first in the event of employing foreign advisers on political, military, finan- cial and police matters.
Furthermore, the provision about the repurchase period in the South Manchurian railway was not mentioned in Japan's original proposal. Subsequently, the Japanese Government alleging that its meaning was not clear, asked China to cancel the provision altogether. Again, Japan at first demanded the right of Japanese to carry on farming in South ^Manchuria, but subsequently she considered the word "farming" was not broad enough and asked to replace it with the phrase "agricultural enterprises." To these requests the Chinese Government, though well aware that the pro- posed changes could only benefit Japan, still acceded without de- lay. This, too, is a proof of China's frankness and sincerity to- ward Japan.
As regards matters relating to Shangtung, the Chinese Gov- ernment has agreed to a majority of the demands.
The question of inland residence in South Manchuria is, in the opinion of the Chinese Government, incompatible with the treaties Chma has entered into with Japan and other Powers, still the Chi- nese Government did its best to consider how it was possible to avoid that incompatability. At first. China suggested that the Chinese Authorities should have full rights of jurisdiction over Japanese settlers. Japan declined to agree to it. Thereupon China reconsidered the question and revised her counter-proposal five or six times, each time making some definite concession, and went so far as to agree that all civil and criminal cases between Chinese and Japanese should be arranged according to existing treaties. Only cases relating to land or lease contracts were reserved to be adjudicated by Chinese Courts, as a mark of China's sovereignty over the region. This is another proof of China's readiness to concede as much as possible.
Eastern Inner Mongolia is not an enlightened region as yet and the conditions existing there are entirely dififerent from those pre-
29
vailing in South Manchuria. The two places, therefore, cannot be considered in the same light. Accordingly, China agreed to open commercial marts first, in the interests of foreign trade.
The Hanyehping Company mentioned in the third group is entirely a private company, and the Chinese Government is pre- cluded from interfering with it and negotiating with another gov- ernment to make any disposal of the same as the Government likes, but having regard for the interests of the Japanese capital- ists, the Chinese Government agreed that whenever, in future, the said company and the Japanese capitalists should arrive at a satis- factory arrangement for co-operation, China will give her assent thereto. Thus the interests of the Japanese capitalists are amply safeguarded.
Although the demand in the fourth group asking for a declara- tion not to alienate China's coast is an infringement of her sov- ereign rights, yet the Chmese Government offered to make a voluntary pronouncement so far as it comports with China's sov- ereign rights. Thus, it is seen that the Chinese Government, in deference to the wishes of Japan, gave a most serious considera- tion even to those demands which gravely affect the sovereignty and territorial rights of China as well as the principle of equal opportunity and the treaties with foreign Powers. All this was a painful eff'ort on the part of the Chinese Government to meet the situation — a fact of which the Japanese Government must be aware.
As regards the demands in the fifth group, they all infringe China's sovereignty, the treaty rights of other Powers or the prin- ciple of equal opportunity. Although Japan did not indicate any difference between this group and the preceding four in the list which she presented to China in respect of their character, the Chinese Government, in view of their palpably objectionable fea- tures, persuaded itself that these could not have been intended by Japan as anything other than Japan's mere advice to China. Ac- cordingly China has declared from the very beginning that while she entertains the most profound regard for Japan's wishes, she was unable to admit that any of these matters could be made the subject of an understanding with Japan. Much as she desired to pay regard to Japan's wishes, China cannot but respect her own sovereign rights and the existing treaties with other Powers. In order to be rid of the seed for future misunderstanding and to
30
strengthen the basis of friendship, China was constrained to iterate the reasons for refusing to negotiate on any of the articles in the fifth group, yet in view of Japan's wishes China has ex- pressed her readiness to state that jao foreign money was bor- rowed to construct harbor works in Fukien Province. Thus it is clear that China went so far as to seek a solution for Japan of a question that really did not admit of negotiation. Was there, then, evasion on the part of China ?
Now, since the- Japanese Government has presented a revised list of demands and declared at the same time that it will restore the leased territory of Kiaochow, the Chinese Government recon- siders the whole cjuestion and herewith submits a new reply to the friendly Japanese Government.
In this reply the unsettled articles in the first group are stated again for discussion. As regards the second group, those articles which have already been initialled are omitted. In connection with the question of inland residence the police regulation clause has been revised in a more restrictive sense. As for the trial of cases relating to land and lease contracts the Chinese Government now permits the Japanese Consul to send an officer to attend the proceedings. Of the four demands in connection with that part of Eastern Inner 3*Iongolia which is within the jurisdiction of South Manchuria and the Jehol Intendency, China agrees to three. China, also, agrees to the article relating to the Hanyehping Com- pany as revised by Japan.
It is hoped that the Japanese Government will appreciate the conciliatdry spirit of the Chinese Government in making this final concession and forthwith give her assent thereto.
There is one more point. At the beginning of the present nego- tiations it was mutually agreed to observe secrecy, but unfor- tunately a few days after the presentation of the demands by Japan an Osaka newspaper published an "Extra" giving the text of the demands. The foreign and the Chinese press has since been paying considerable attention to this question and frequently publishing pro-Chinese or pro- Japanese comments in order to call forth the world's conjecture, a matter which the Chinese Govern- ment deeply regrets. The Chinese Government has never carried on any newspaper campaign and the Chinese Minister of Foreign Affairs has repeatedly declared it to the Japanese IMinister.
In conclusion, the Chinese Government wishes to express its
31
hope that the negotiations now pending between the two coun- tries will soon come to an end and whatever misgivings foreign countries entertain toward the present situation may be quickly dispelled.
CHINA'S REPLY TO JAPAN'S REVISED DEMANDS
China's Reply of May 1, 1915, to the Japanese Revised Demands of April 26, 1915.
Group I
The Chinese Government and the Japanese Government, being desirous of maintaining the general peace in Eastern Asia and further strengthening the friendly relations and good neighbor- hood existing between the two nations, agree to the following articles :
Article 1. The Chinese Government declare that they will give full assent to all matters upon which the Japanese and German Governments may hereafter mutually agree, relating to the dis- position of all interests which Germany, by virtue of treaties or recorded cases, possesses in relation to the Province of Shantung.
The Japanese Government declares that when the Chinese Gov- ernment give thoif assent to the disposition of interests above referred to, Japan will restore the leased territory of Kiaochow to China; and further recognize the right of the Chinese Gov- ernment to participate in the negotiations referred to above be- tween Japan and Germany.
Article 2. The Japanese Government consent to be responsible for the indemnification of all losses occasioned by Japan's mili- tary operation around the leased territory of Kiaochow. The customs, telegraphs and post offices within the leased territory of Kiaochow shall, piior to the restoration of the said leased territory to China, be administered as heretofore, for the time being. The railways and telegraph lines erected by Japan for military purposes are to be removed forthwith. The Japanese troops now stationed outside the original leased territory of Kioa- chow are now to be withdrawn first, those within the original leased territory are to be withdrawn on the restoration of tlie said leased territory to China.
32
Article 3. (Changed into an exchange of notes.)
The Chinese Government declare that within the Province of Shantung and along its coast no territory or island will be ceded or leased to any Power under any pretext.
Article 4. The Chinese Government consent that as regards the railway to be built by China herself from Chefoo or Lung- kow to connect with the Kiaochow-Tsinanfu railway, if Germany is willing to abandon the privilege of financing the Che-foo-Weih- sien line, China will approach Japanese capitalists for a loan.
Article 5. The Chinese Government engage, in the interest of trade and for the residence of foreigners, to open by herself as soon as possible certain suitable places in the Province of Shan- tung as Commercial Ports.
(Supplementary Exchange of Notes.)
Tlie places which ought to be opened are to be chosen, and the regulations are to be drafted, by the Chinese Government, but the Japanese ]\Iinister must be consulted before making a decision.
Article 6. If the Japanese and German Governments are not able to come to a definite agreement in future in their negotiations respecting transfer, etc.. this provisional agreement contained in the foregoing articles shall be void.
Group II*
The Chinese Government and the Japanese Government, with a view to developing their economic relations in South Manchuria, agree to the following articles :
Article 2. Japanese subjects in South ^Manchuria may, by ar- rangement with the owners, lease land required for erecting suit- able buildings for trade and manufacture or for agricultural enterprises.
Article 3. Japanese subjects shall be free to reside and travel in South Manchuria and to engage in business and manufacture of any kind whatsoever.
Article 3a. The Japanese subjects referred to in the preced- ing two articles, besides being required to register with the local authorities passports, which they must procure under the existing
*The six articles which are found in Japan's Revised Demands of April 26, 1915, hut omitted herein, are those already initialed by the Chinese Foreign Minister and the Japanese Minister.
33
regulations, shall also observe police rules and regulations and pay taxes in the same manner as Chinese. Civil and criminal cases shall be tried and adjudicated by the authorities of the de- fendant's nationality and an officer can be deputed to attend the proceedings. But all cases purely between Japanese subjects, and mixed cases between Japanese and Chinese, relating to land or dis- putes arising from lease contracts, shall be tried and adjudicated by Chinese Authorities and the Japanese Consul may also depute an officer to attend the proceedings. When the judicial system in the said Province is completely reformed, all the civil and criminal cases concerning Japanese subpects shall be tried entirely by Chinese law courts.
Relating to Eastern Inner Mongolia - (To be Exchanged by Notes.)
Article 1. The Chinese Government declare that China will not in future pledge the taxes, other than customs and salt rev- enue, of that part of Eastern Inner Mongolia under the jurisdic- tion of South Manchuria and Jehol Intendency, as security for raising loans.
Article 2. The Chinese Government declare that China will herself provide funds for building the railways in that part of Eastern Inner iMongolia under the jurisdiction of South Manchu- ria and the Jehol Intendency; if foreign capital is required, China will negotiate with Japanese capitalists first, provided this does not conflict with agreements already concluded with other Powers.
Article 3. The Chinese Government agrees, in the interest of trade and for the residence of foreigners, to open by China her- self certain suitable places in that part of Eastern Inner Mon- golia under the jurisdiction of South Alanchuria and the Jehol Intendency, as Commercial Marts.
The regulations for the said Commercial Marts will be made in accordance with those of other Commercial Marts opened by China herself.
Group III
The relations between Japan and the Hanyehping Company be- ing very intimate, if the said Company comes to an agreement with the Japanese capitalists for co-operation, the Chinese Gov- ernment shall forthwith give their consent thereto. The Chinese
34
Government further declare that China will not convert the Com- pany into a state enterprise, nor confiscate it nor cause it to bor- row and use foreign capital other than Japanese.
Letter to Be Addressed by the Japanese Minister to the the Chinese Minister of Foreign Affairs
Excellency :
I have the honor to state that a report has reached me that the Chinese Government have given permission to foreign nations to construct on the coast of Fukien Province dock-yards, coaling sta- tions for military use, naval bases and other establishments for military purposes and further that the Chinese Government are borrowing foreign capital for putting up the above-mentioned construction or establishments. I shall be much obliged if the Chinese Government will inform me whether or not these reports are well founded in fact.
Reply to Be Addressed by the Chinese Minister of Foreign
Affairs to the Japanese Minister Excellency :
I have the honor to acknowledge the receipt of your Excel- lency's Note of . In reply I beg to state that
the Chinese Government have not given permission to foreign Powers to construct, on the coast of Fukien Province, dock-yards, coaling stations for military use. naval bases or other establish- ments for military purposes ; nor do they contemplate borrowing foreign capital for putting up such constructions or establish- ments.
JAPAN'S ULTIMATUM
Ultimatum Delivered by Japanese Minister to Minister of Foreign Affairs at 3 O'clock P. M. on May 7th, 1915
The reason why the Imperial Government opened the present negotiations with the Chinese Government is first to endeavor to dispose of the complications arising out of the war between Japan
and Germany, and secondly to attempt to solve various questions which are detrimental to the intimate relations of China and Japan with a view to solidifying the foundation of cordial friend- ship subsisting between the two countries to the end that the peace of the Far East may be effectually and permanently pre- served. With this object in view, definite proposals were pre- sented to the Chinese Government in January of this year, and up to to-day as many as twenty-five conferences were held with the Chinese Government in perfect sincerity and frankness.
In the course of the negotiation the Imperial Government has consistently explained the aims and objects of the proposals in a conciliatory spirit, while on the other hand the proposals of the Chinese Government, whether important or unimportant, have been attended to without any reserve.
It may be stated with confidence that no effort has been spared to arrive at a satisfactory and amicable settlement of those ques- tions.
The discussion of the entire corpus of the proposals was prac- tically at an end at the twenty-fourth conference ; that is, on 17th of the last month. The Imperial Government, taking a broad view of the negotiations and in consideration of the points raised by the Chinese Government, modified the original proposals with considerable concessions and presented to the Chinese Govern- ment on the 26th of the same month the revised proposals for agreement, and at the same time it was offered that, on the ac- ceptance of the revised proposals, the Imperial Government would, at a suitable opportunity, restore with fair and proper con- ditions, to the Chinese Government the Kiaochow territory, in the acquisition of which the Imperial Government had made a great sacrifice.
On the 1st of May, the Chinese Government delivered the reply to the revised proposals of the Japanese Government, which is contrary to the expectations of the Imperial Government. The Chinese Government not only did not give a careful considera- tion to the revised proposals, but even with regard to the offer of the Japanese Government, to restore Kiaochow to the Chinese Government, the latter did not manifest the least appreciation of Japan's good will and difficulties.
From the commercial and military points of view Kiaochow is an important place, in the acquisition of which the Japanese
36
Empire sacrificed much blood and money, and, after the acquisi- tion, the Empire incurs no obligation to restore it to China. But with the object of increasing the future friendly relations of the two countries, she went to the extent of proposing its restora- tion, yet to her great regret, the Chinese Government did not take into consideration the good intention of Japan and manifest ap- preciation of her difficulties. Furthermore, the Chinese Govern- ment not only ignored the friendly feelings of the Imperial Gov- ernment ofifering the restoration of Kiaochow Bay, but also in replying to the revised proposals they even demanded its uncondi- tional restoration ; and again China demanded that Japan should bear the responsibility of paying indemnity for all the unavoid- able losses and damages resulting from Japan's military operations at Kiaochow ; and still further in connection with the territory of Kiaochow China advanced other demands and declared that she has the right of participation at the future peace conference to be held between Japan and Germany. Although China is fully aware that the unconditional restoration of Kiaochow and Japan's responsibility of indemnification for the unavoidable losses and damages can never be tolerated by Japan, yet she purposely ad- vanced these demands and declared that this reply was final and decisive.
Since Japan could not tolerate such demands, the settlement of the other question, however compromising it may be, would not be to her interest. The consequence is that the present reply of the Chinese Government is, on the whole, vague and meaning- less.
Furthermore, in the reply of the Chinese Government to the other proposals in the revised list of the Imperial Government, such as South ^Manchuria and Eastern Inner ^longolia, where Japan particularly has geographical, political, commercial, indus- trial and strategic relations, as recognized by all the nations, and made more remarkable in consequence of the two wars in which Japan was engaged, the Chinese Government overlooks these facts and does not respect Japan's position in that place. The Chinese Government even freely altered those articles which the Imperial Government, in a compromising spirit, have formulated in accordance with the statement of the Chinese Representatives thereby making the statements of the Representatives an empty talk ; or on seeing them conceding with the one hand and withhold-
37
ing with the other, it is very difficult to attribute faith fuhiess and sincerity to the Chinese Authorities.
As regards the articles relating to the employment of advisers, the establishment of schools and hospitals, the supply of arms and ammunition and the establishment of arsenals, and railway concessions in South China in the revised proposals, they are either proposed with the proviso that the consent of the Power concerned must first be obtained, or they are merely to be re- corded in the minutes in accordance with the statement of the Chinese delegates, and thus they are not in the least in conflict either with Chinese sovereignty or her treaties with the Foreign Powers. Yet the Chinese Government in their reply to the pro- posals, alleging that these proposals are incompatible wnth their sovereign rights and the Treaties with the Foreign Powers, defeat the expectations of the Imperial Government. In spite of such attitude of the Chinese Government, the Imperial Government, though regretting to see that there is no room for further negotia- tion, yet warmly attached to the preservation of the peace of the Far East, is still hoping for a satisfactory settlement in order to avoid the disturbance of the relations.
So in spite of the circumstances \\hich admitted no patience, they have reconsidered the feelings of the Government of their neighboring country and with the exception of the article re- lating to Fukien, which is to be the subject of an exchange of notes as has already been agreed upon by the Representatives of both nations, will undertake to detach the Group V. from the present negotiations and discuss it separately in the future. Therefore the Chinese Government should appreciate the friendly feelings of the Imperial Government by immediately acceptmg without any alteration all the articles of Groups I, II, III and IV and the exchange of notes in connection with Fukien Province in Group V. as contained in the revised proposals presented on the 26th of April.
The Imperial Government hereby again ofifer their advice and hope that the Chinese Government upon this advice will give a satisfactory reply by 6 o'clock p. m. on the 9th day of May. It is hereby declared that if no satisfactory reply is received before or at the designated time, the Imperial Government will take steps they may deem necessary.
286671
38 JAPAN'S EXPLANATORY NOTE
Explanatory Note Accompanying Memorandum Delivered to
the Minister of Foreign Affairs by the Japanese Minister
the Seventh Day of May, 1915.
1. With the exception of the question of Fukien to be arranged by an exchange of notes, the five articles postponed for later ne- gotiations refer to (a) the employment of advisers, (b) the es- tablishment of schools and hospitals, (c) the railway concessions in South China, (d) the supply of arms and ammunition and the establishment of arsenals (e) the propagation of Buddhism.
2. The acceptance by the Chinese Government of the article relating to Fukien may be either in the form as proposed by the Minister of Japan on the 26th of April or in that contained in the Reply of the Chinese Government of May 1st. Although the Ultimatum calls for the immediate acceptance by China of the modified proposals presented on April 26th, without alteration, but it should be noted that it merely states the principle and does not apply to this article and articles 4 and 5 of this note.
3. If the Chinese Government accept all the articles as de- manded in the Ultimatum the offer of the Japanese Government to restore Kiaochow to China made on the 26th of April, will still hold good.
4. Article 2 of Group II relating to the lease or purchase of land, the terms "lease" and "purchase"' may be replaced by these terms, "temporary lease" and "perpetual lease" or "lease on consultations," which means a long-term lease with its uncon- ditional renewal.
Article 4 of Group II relating to the approval of laws and ordinances and local taxes by the Chinese Consul may form the subject of a secret agreement.
5. The phrase "to consult with the Japanese Government" in connection with questions of pledging the local taxes for raising loans and the loans for construction of railways, in Eastern Inner Mongolia, which is similar to the agreement in Manchuria relating to the matters of the same kind, may be replaced by the phrase "to consult with the Japanese capitalists."
The article relating to tlie opening of trade marts in Eastern
39
Inner Mongolia in respect to location and regulations, may, fol- lowing the precedent set in Shantung, be the subject of an ex- change of notes.
6. From the phrase "those interested in the Company" in Group III of the revised list of demands, the words "those inter- ested in" may be deleted.
7. The Japanese version of the Formal Agreement and its an- nexes shall be the official text or both the Chinese and Japanese shall be official texts.
CHINA'S REPLY TO THE ULTIMATUM
The Reply of the Chinese Government to the Ultimatum of
the Japanese Government, Delivered to the Japanese
Minister of Foreign Affairs on the 8th of May, 1915.
On the 7th of this month, at three o'clock p. m., the Chinese Government received an Ultimatum from the Japanese Govern- ment together with an Explanatory Note of seven articles. The Ultimatum concluded w ith the hope that the Chinese Government up to 6 o'clock p. m. on the 9th of May, will give a satisfactory reply, and it is hereby declared that if no satisfactory^ reply is received before or at the designated time, the Japanese Govern- ment will take steps she may deem necessary.
The Chinese Government with a view^ to preserving the peace of the Far East, hereby accepts, with the exception of those five articles of Group V. postponed for later negotiation, all the ar- ticles of Groups I, II, III and IV, and the exchange of Note> in connection with Fukien Province in Group V, as contained in the revised proposals presented on the 26th of April and in accordance with the Explanatory Note of seven articles accom- panying the Ultimatum of the Japanese Government with the hope that thereby all outstanding cjuestions are settled, so that the cordial relationship between the two countries may be further consolidated. The Japanese Minister is hereby requested to ap- point a day to call at the Ministry of Foreign Affairs to make the literary improvement of the text and sign the Agreement as soon as possible.
NEW TREATIES AND NOTES
BETWEEN
CHINA AND JAPAN
(^Translated from the Chinese)
Treaty Respecting the Province of Shantung
43
NEW TREATIES AND NOTES
BETWEEN
CHINA AND JAPAN
{^Translated from the Chinese)
Treaty Respecting the Province of Shantung
His Excellency the President of the Repuhlic of China and His Majesty the Emperor of Japan, having resolved to conclude a Treaty with a view to the maintenance of general peace in the Extreme East and the further strengthening of the relations of friendship and good neighbourhood now existing between the two nations, have for that purpose named as their Plenipoten- tiaries, that is to say :
His Excellency the President of the Republic of China, Lou Tseng-tsiang, Chung-clung, First Class Chia Ho Decoration, Minister of Foreign Afifairs.
And His Majesty the Emperor of Japan, Hioki Eki, Jushii, Second Class of the Imperial Order of the Sacred Treasure, Minister Plenipotentiary, and Envoy Extraordinary:
Who, after having communicated to each other their full powers and found them to be in good and due form, have agreed upon and concluded the following Articles : —
Article 1. The Chinese Government agrees to give full assent to all matters upon which the Japanese Government may here- after agree with the German Government relating to the disposi- tion of all rights, interests and concessions which Germany, by virtue of treaties or otherwise, possesses in relation to the Prov- ince of Shantung.
Article 2. The Chinese Government agrees that as regards the railway to be built by China herself from Chefoo or Lungkow to connect with the Kiaochow-Tsinanfu railway, if Germajiy abandons the privilege of financing the Chefoo-Weihsien line, China will approach Japanese capitalists to negotiate for a loan.
Article 3. The Chinese Government agrees in the interest of trade and for the residence of foreigners, to open by China herself as soon as possible certain suitable places in the Province of Shantung, as Commercial Ports.
Article 4. The present treaty shall come into force on the dav of its signature.
44
The present treaty shall be ratified by His Excellency the President of the Republic of China and His Majesty the Emperor of Japan, and the ratification thereof shall be exchanged at Tokio as soon as possible.
In witness whereof the respective Plenipotentiaries of the High Contracting Parties have signed and sealed the present Treaty, two copies in the Chinese language and two in Japanese.
Done at Peking this twenty-fifth day of the fifth month of the fourth year of the Republic of China, corresponding to the same day of the same month of the fourth year of Taisho.
45
Exchange of Notes Respecting Shantung
Peking, the 25th day of the 5th month of the 4th year of the Repubhc of China.
Monsieur le Alinistre,
In the name of the Chinese Government I have the honour to make the fohowing declaration to your Government : — "Within the Province of Shantung or along its coast no territory or island will be leased or ceded to any foreign Power under any pretext."
I avail, etc.,
(Signed) Lou Tseng-tsiang. His Excellency, Hioki Eki,
Japanese Minister.
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excel- lency's note of this day's date in which you made the following declaration in the name of the Chinese Government : — "Within the Province of Shantung or along its coast no territory or island will be leased or ceded to any foreign Power under any pretext."
In reply I beg to state that I have taken note of this declaration.
I avail, etc.,
(Signed) Hioki Eki. His Excellency, Lou Tseng-tsiang,
Minister Foreign Affairs.
46
Exchange of Notes Respecting the Opening of Ports in
Shantung
Peking, the 25th day of the 5th month of the 4th year of the Repubhc of China.
]\Ionsieur le ]\Iinistre,
I have the honour to state that the places which ought to be opened as Commercial Ports by China herself, as provided in Article 3 of the Treaty respecting the Province of Shantung signed this day, will be selected and the regulations therefor will be drawn up, by the Chinese Government itself, a decision con- cerning which will be made after consulting the Minister of Japan.
I avail, etc.,
(Signed) Lou Tseng-tsiang.
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho. Excellency,
I have the honour to acknowledge the receipt of Your Excel- lency's note of this day's date in which you stated "that the places which ought to be opened as Commercial Ports by China herself, as provided in Article 3 of the Treaty respecting the province of Shantung signed this day, will be selected and the regulations therefor, will be drawn up by the Chinese Government itself, a decision concerning which will be made after consulting the Minister of Japan."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) Hioki Eki. His Excellency, Lou Tseng-tsiang,
Minister of Foreign Affairs.
Exchange of Notes Respecting the Restoration of the Leased Territory of Kiaochow Bay
Peking, the 25th day of the 5th month of the 4th year of Taisho. Excellency,
In the name of my Government I have the honour to make the following declaration to the Chinese Government : —
When, after the termination of the present war, the leased territory of Kiaochow Bay is completely left to the free disposal of Japan, the Japanese Government will restore the said leased territory to China under the following conditions : —
1. The whole of Kiaochow Bay to be opened as a Commercial Port.
2. A concession under the exclusive jurisdiction of Japan to be established at a place designated by the Japanese Government.
3. If the foreign Powers desire it, an international conces- sion may be established.
4. As regards the disposal to be made of the buildings and properties of Germany and the conditions and procedure relating thereto, the Japanese Government and the Chinese Government shall arrange the matter by mutual agreement before the restora- tion.
I avail, etc..
(Signed) Hioki Eki. His Excellency, Lou Tseng-tsiang,
]\Iinister of Foreign Affairs.
48
Reply
Peking, the 25th day of the 5th month of the 4th year of the Repubhc of China. .
Monsieur le Ministre,
I have the honour to acknowledge the receipt of your Excel- lency's note of this day's date in which you made the following declaration in the name of your Government : —
"When, after the termination of the present war, the leased territory of Kiaochow Bay is completely left to the free disposal of Japan, the Japanese Government will restore the said leased territory to China under the following conditions : —
1. The whole of Kiaochow Bay to be opened as a Commercial Port.
2.. A concession under the exclusive jurisdiction of Japan to be established at a place designated by the Japanese Government.
3. If the foreign Powers desire it, an international concession may be established.
4. As regards the disposal to be made of the buildings and properties of Germany and the conditions and procedure relating thereto, the Japanese Government and the Chinese Government shall arrange the matter by mutual agreement before the restora- tion."
In reply, I beg to state that I have taken note of this declaration.
I avail, etc.,
(Signed) Lou Tseng-tsiang.
49
TREATY RESPECTING SOUTH MANCHURIA ANI> EASTERN INNER MONGOLIA
His Excellency the President of the Republic of China and His Majesty the Emperor of Japan, having resolved to conclude a Treaty with a view to developing their economic relations in South Manchuria and Eastern Inner iMongolia, have for that purpose named as their Plenipotentiaries, that is to say;
His Excellency the President of the Republic of China, Lou Tseng-tsiang, Chung-ching, First Class Chia-Jio Decoration, and Minister of Foreign Affairs; and His Majesty the Emperor of Japan, Hioki Eki, Jushii, Second Class of the Imperial Order of the Sacred Treasure, Minister Plenipotentiary and Envoy Extra- ordinary ;
Who, after having communicated to each other their full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles : —
Article 1. The two High Contracting Parties agree that the term of lease of Port Arthur and Dalny and the terms of the South Manchuria Railway and the Antung-]\Iukden Railway, shall be extended to 99 years.
Article 2. Japanese subjects in South Alanchuria may, by negotiation, lease land necessary for erecting suitable buildings for trade and manufacture or for prosecuting agricultural enter- prises.
Article 3. Japanese subjects shall be free to reside and travel in South Alanchuria and to engage in business and manufacture of any kind whatsoever.
Article 4. In the event of Japanese and Chinese desiring jointly to undertake agricultural enterprises and industries in- cidental thereto, the Chinese Government may give its permission.
Article 5. The Japanese subjects referred to in the preced- ing three articles, besides being required to register with the local Authorities passports which they must procure under the existing regulations, shall also submit to the police laws and ordinances and taxation of China.
Civil and criminal cases in which the defendants are Japanese shall be tried and adjudicated by the Japanese Consul; those in which the defendants are Chinese shall be tried and adjudicated by Chinese Authorities. In either case an officer may be deputed
50 .
to the court to attend the proceedings. But mixed civil cases between Chinese and Japanese relating to land shall be tried and adjudicated by delegates of both nations conjointly in accordance with Chinese law and local usage.
When, in future, the judicial system in the said region is completely reformed, all civil and criminal cases concerning Japanese subjects shall be tried and adjudicated entirely by Chinese law courts.
Article 6. The Chinese Government agrees, in the interest of trade and for the residence of foreigners, to open by China herself, as soon as possible, certain suitable places in Eastern Inner Mongolia as Commercial Ports.
Article 7. The Chinese Government agrees speedily to make a fundamental revision of the Kirin-Changchun Railway Loan- Agreement, taking as a standard the provisions in railway agree- ments made heretofore between China and foreign financiers.
When in future, more advantageous terms than those in exist- ing railway loan agreements are granted to foreign financiers in connection with railway loans, the above agreement shall again be revised in accordance with Japan's wishes.
Article 8. All existing treaties between China and Japan re- lating to ]\Ianchuria shall, except where otherwise provided for by this Treaty, remain in force.
Article 9. The present Treaty shall come into force on the date of its signature. The present Treaty shall be ratified by His Excellency the President of the Republic of China and His ]\Iajesty the Emperor of Japan, and the ratifications thereof shall be exchanged at Tokio as soon as possible.
In witness whereof the respective Plenipotentiaries of the two High Contracting Parties have signed and sealed the present Treaty, two copies in the Chinese language and two in Japanese.
Done at Peking this twenty-fifth day of the fifth month of the fourth year of the Republic of China, corresponding to the same day of the same month of the fourth year of Taisho.
51
Exchange of Notes Respecting the Terms of Lease of Port
Arthur and Dalny and the Terms of South Man-
churian and Antung-Mukden Railways
Peking, the 25th day of the 5th month of the 4th year of the Repubhc of China.
Monsieur le Alinistre,
I have the honour to state that, respecting the ])rovisions con- tained in Article 1 of the Treaty relating to South Manchuria and Eastern Inner Mongolia, signed this day, the term of lease of Port Arthur and Dalny shall expire in the 8"6th year of the Republic or 1997. The date for restoring the South Manchuria Railway to China shall fall due in the 91st year of the Republic or 2002. Article 21 in the original South ]\Ianchurian Railway Agree- ment providing that it may be redeemed by China after 36 years from the day on which the traffic is opened is hereby cancelled. The term of the Antung-Mukden Railway shall expire in the 96th year of the Republic or 2007.
I avail, etc.,
(Signed) Lou Tsexg-tsiang. His Excellency, Hioki Eki,
Japanese Minister.
52
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excel- lency's note of this day's date in which you stated that "respecting the provisions contained in Article 1 of the Treaty relating to South Manchuria and Eastern Inner Mongolia, signed this day, the term of lease of Port Arthur and Dalny shall expire in the 86th year of the Republic or 1997. The date for restoring the South Alanchurian Railway to China shall fall due in the 91st year of the Republic or 2002. Article 12 in the original South Man- churian Railway Agreement providing that it may be redeemed by China after 36 years from the day on which the traffic is opened, is hereby cancelled. The term of the Antung-Mukden Railway shall expire in the 96th year of the Republic or 2007."
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) Hioki Eki.
His Excellency, Lou Tseng-tsiang,
Minister of Foreign Affairs.
53
Exchange of Notes Respecting the Opening of Ports in Eastern Inner Mongolia
Peking, the 25th day of the 5th month of the 4th year of the Republic of China.
Monsieur le Ministre,
I have the honour to state that tlie places which ought to be opened as Commercial Ports by China herself, as provided in Article 6 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day, will be selected, and the regula- tions therefor will be drawn up, by the Chinese Government itself, a decision concerning which will be made after consulting the jMinister of Japan.
I avail, etc.,
(Signed) Lou Tseng-tsiang. His Excellency, Hioki Eki,
Japanese Minister.
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho. Excellency,
I have the honour to acknowledge the receipt of Your Excel- lency's note of this day's date in which you stated "that the places which ought to be opened as Commercial Ports by China herself, as provided in Article 6 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day, will be selected, and the regulations therefor, will be drawn up, by the Chinese Govern- ment itself, a decision concerning which will be made after con- sulting the Alinister of Japan."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) Hioki Eki.
His Excellency, Lou Tseng-tsiang,
Minister of Foreign Afifairs.
54
South Manchuria
Peking, the 25th day of the 5th month of the 4th year of the Repubhc of China.
Monsieur le Alinistre,
I. have the honour to state that Japanese subjects shall, as soon as possible, investigate and select mines in the mining areas in South Manchuria specified hereinunder, except those being pros- pected for or worked, and the Chinese Government will then permit them to prospect or work the same; but before the [Mining regulations are definitely settled, the practice at present in force shall be followed.
Fengtien.
|
LOCALITY |
DISTRICT |
MINERAL |
|
Niu Hsin T'ai |
Pen-hsi |
Coal |
|
Tien Shih Fu Kou |
it |
" |
|
Sha Sung Kang |
Hai-lung |
a |
|
T'ieh Ch'ang |
Tung-hua |
(( |
|
Nuan Ti T'ang |
Chin |
<< |
|
An Shan Chan region |
From Liaoyang to |
|
|
Pen-hsi |
Iron |
|
|
irin (Southern portion) |
||
|
Sha Sung Kang |
Ho-lung |
Coal & Iron |
|
Kang Yao |
Chi-lin (Kirin) |
Coal |
|
Chia P'i Kou |
Hua-tien |
Gold |
His Excellency, Hioki Eki, Japanese Minister.
I avail, etc.,
(Signed) Lou Tseng-tsiang.
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excel- lency's note of this day respecting the opening of mines in South Manchuria, stating: "Japanese subjects shall, as soon as possible, investigate and select mines in the mining areas in South Man- churia specified hereinunder ecept those being prospected for or worked, and the Chinese Government will then permit them to prospect or work the same ; but before the Mining regulations are definitely settled, the practice at present in force .shall be followed.
Fengtien.
LOCALITY
Niu Hsin T'ai Tien Shih Fu Kou Sha Sung Kang T'ieh Ch'ang Nuan Ti T'ang An Shan Chan region
Kirin (Southern portion) Sha Sung Kang Kang Yao Chia P'i Kou
I avail, etc.,
(Signed) Higki Ekl
His Excellency, Lou Tseng-tsiang.
Minister of Foreign Affairs of the Republic of China.
|
DISTRICT |
MINERAL |
|
Pen-hsi |
Coal |
|
Hai-lung |
a |
|
Tung-hua |
ii |
|
Chin |
« |
|
From |
|
|
Liaoyang to |
|
|
Pen-hsi |
Iron |
|
Ho-lung |
Coal & Iron |
|
Chi-lin (Kirin) |
Coal |
|
Hua-tien |
Gold |
5G
Exchange of Notes Respecting Railways and Taxes in South Manchuria and Eastern Inner Mongolia
Peking, the 25th day of the 5th month of the 4th year of the Republic of China.
]\Ionsieur le IMinistre,
In the name of my Government,
I have the honour to make the following declaration to your Government : —
China will hereafter provide funds for building necessary rail- ways in South Alanchuria and Eastern Inner Mongolia ; if foreign capital is required China may negotiate for a loan with Japanese capitalists first: and further, the Chinese Government, when mak- ing a loan in future on the security of the taxes in the above- mentioned places (excluding the salt and customs revenue which have already been pledged by the Chinese Central Government) may negotiate for it with Japanese capitalists first.
I avail, etc.,
(Signed) Lou Tseng-tsiang. His Excellency, Hioki Eki,
Japanese Minister.
57
Reply
Peking, the 25th da}^ of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excel- lency's note of this day's date respecting railways and taxes in South Alanchuria and Eastern Inner Mongolia in which you stated :
"China will hereafter provide funds for building necessary railways in South Manchuria and Eastern Inner Mongolia; if foreign capital is required China may negotiate for a loan with Japanese capitalists first; and further, the Chinese Government, when making a loan in future on the security of taxes in the above mentioned places (excluding the salt and customs revenue which have already been pledged by the Chinese Central Govern- ment) may negotiate for it with Japanese capitalists first."
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) Hioki Eki. His Excellency, Lou Tseng-tsiang,
Minister of Foreign Afifairs.
58
Exchange of Notes Respecting the Employment of Advisers in South Manchuria
Peking, the 25th day of the 5th month of the 4th year of the RepubHc of China.
]\Ionsieur le Alinistre,
In the name of the Chinese Government, I have the honour to make the following declaration to your Government : —
"Hereafter, if foreign advisers or instructors on political, finan- cial, military or police matters are to be employed in South Man- churia, Japanese may be employed first."
I avail, etc.,
(Signed) Lou Tseng-tsiang. His Excellency, Hioki Eki,
Japanese ^Minister.
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excel- lencv's note of this day's date in which you made the following declaration in the name of your Government : —
"Hereafter if foreign advisers or instructors in political, mili- tary or police matters are to employed in South ^Manchuria, Japa- nese may be employed first."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) PIioki Eki. !
59
Exchange of Notes Respecting the Explanation of "Lease by- Negotiation" in South Manchuria
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to state that the term '"lease by negotiation" contained in Article 2 of the Treaty respecting South Manchuria and Eastern Inner Alongolia signed this day shall be understood to imply a long-term lease of not more than thirty years and also the possibility of its unconditional renewal.
I avail, etc.,
(Signed) Hioki Eki. His Excellency, Lou Tseng-tsiang,
Minister of Foreign Affairs.
Reply
Peking, the 25th day of the 5th month of the 4th year of the Republic of China.
Monsieur le Ministre,
I have the honour to acknowledge the receipt of Your Excel- lency's note of this day's date in which you state :
"The term 'lease by negotiation' contained in Article 2 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day shall be understood to imply a long-term lease of not more than thirty years and also the possibility of its uncondi- tional renewal."
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) Lou Tseng-tsi.\ng. His Excellency, Hioki Eki, Japanese ^Minister.
60
Exchange of Notes Respecting the Arrangement for Police Laws and Ordinances and Taxation in South Man- churia and Eastern Inner MongoHa
Peking, the 25th day of the 5th month of the 4th year of the Repubhc of China.
]\Ionsieur le Ministre,
I have the honour to state that the Chinese Authorities will notify the Japanese Consul of the police laws and ordinances and the taxation to which Japanese subjects shall submit accord- ing to Article 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day so as to come to an understanding with him before their enforcement.
I avail, etc.,
(Signed) Lou Tseng-tsiang. His Excellency, Hioki Eki,
Japanese Minister.
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho. Excellency,
I have the honour to acknowledge the receipt of your Excel- lency's note of this day's date in wliich you state :
"The Chinese Authorities will notify the Japanese Consul of the police laws and ordinances and the taxation to which Japanese subjects shall submit according to Article 5 of the Treaty re- specting South Manchuria and Eastern Inner Mongolia signed this day so as to come to an understanding with him before their enforcement."
In reply, I beg to state that I have taken note of the same. I avail, etc.,
(Signed) Hioki Eki. His Excellency, Lou Tseng-tsiang,
Minister of Foreign Affairs.
61
The Postponement of Articles 2, 3, 4 and 5 of the Treaty- Respecting South Manchuria and Eastern Inner Mongolia
Peking, the 25th day of the 5th month of the 4th year of the Republic of China. Monsieur le Ministre,
I have the honour to state that, inasmuch as preparations have to be made regarding Articles 2, 3, 4 & 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day, the Chinese Government proposes that the operation of the said Articles be postponed for a period of three months be- ginning from the date of the signing of the said Treaty. I hope your Government will agree to this proposal. I avail, etc.,
(Signed) Lou Tseng-tsiang. His Excellency, Hioki Eki,
Japanese Minister.
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho. Excellency,
I have the honour to acknowledge the receipt of your Excel- lency's note of this day's date in which you stated that, "inasmuch as preparations have to be made regarding Articles 2, 3, 4 & 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day, the Chinese Government proposes that the operation of the said Articles be postponed for a period of three months beginning from the date of the signing of the said Treaty."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) Hioki Eki. His Excellency, Lou Tseng-tsiang,
Minister of Foreign Affairs.
62
Exchange of Notes Respecting the Matter of Hanyehping
Peking, the 25th day of the 5th month of the 4th year of the Republic of China. Monsieur le Ministre,
I have the honour to state that if in future the Hanyehping Company and the Japanese capitaHsts agree upon co-operation, the Chinese Government, in view of the intimate relations sub- sisting between the Japanese capitalists and the said Company, will forwith give its permission. The Chinese Government further agrees not to confiscate the said Company, nor without the consent of the Japanese capitalists to convert it into a state enterprise, nor cause it to borrow and use foreign capital other than Japanese.
I avail, etc.,
(Signed) Lou Tseng-tsiang. His Excellency, Hioki Eki,
Japanese Minister.
Reply
Peking, the 25th day of the 5th month of the 4th year of Taisho. Excellency,
I have the honour to acknowledge the receipt of your Excel- lency's note of this day's date in which you state :
"If in future the Hanyehping Company and the Japanese capitalists agree upon co-operation, the Chinese Government, in view of the intimate relations subsisting between the Japanese capitalists and the said Company, will forthwith give its permis- sion. The Chinese Government further agrees not to confiscate the said Company, nor, without the consent of the Japanese capitalists to convert it into a state enterprise, nor cause it to borrow and use foreign capital other than Japanese."
In reply, I beg to state that I have taken note of the same. I avail, etc.,
(Signed) Hioki Eki. His Excellency, Lou Tseng-tsiang,
^Minister of Foreign Affairs.
G3 Exchange of Notes Respecting the Fukien Question
Peking, the 25th day of the 5th month of the 4th year of the RepubHc of China. Excellency,
A report has reached me to the effect that the Chinese Govern- ment has the intention of permitting foreign nations to establish, on the coast of Fukien Province, dock-yards, coaling stations for military use, naval bases, or to set up other military establish- ments; and also of borrowing foreign capital for the purpose of setting up the above-mentioned establishments.
I have the honour to request that your Excellency will be good enough to give me a reply stating whether or not the Chinese Government really entertains such an intention.
I avail, etc.,
(Signed) Hioki Eki.
His Excellency, Lou Tseng-tsiang,
Minister of Foreign Aft'airs.
Reply
Peking, the 25th day of the 5th month of the 4th year of the Republic of China. Monsieur le Ministre,
I have the honour to acknowledge the receipt of your Excel- lency's note of this day's date, which I have noted.
In reply I beg to inform you that the Chinese Government hereby declares that it has given no permission to foreign nations to construct, on the coast of Fukien Province, dock-yards, coaling stations for military use, naval bases, or to set up other military establishments; nor does it entertain an intention of borrowing foreign capital for the purpose of setting up the above-mentioned establishments.
I avail, etc.,
(Signed) Lou Tseng-tsiang. His Excellencv, Hioki Eki,
Japanese Minister.
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