is needed in connection with the railways, mines, and harbour works (including dockyards) in the Province of Fukien; "7. China to grant to Japanese subjects the right of preaching in China." "Article 7.-China agrees that Japanese subjects shall have the right of missionary propaganda in China." The representations embodied in Groups I, II, III, and IV were presented and urged as demands on the part of the Japanese Government: as to those embodied in Group V, however, the Japanese Government has maintained that they were presented and negotiated merely as requests or desiderata, whereas the Chinese Government has maintained that neither in their presentation nor in the negotiations concerning them was any indication given of their being distinguished by a less peremptory character than that of the demands embodied in the other Groups. On May 7, 1915, the Japanese Minister at Peking, delivered to the Chinese Minister for Foreign Affairs an ultimatum of which the English version, together with that of an explanatory note simultaneously presented, is quoted herewith from the official Japanese statement cited above: Japan's Ultimatum to China, May 7, 1915 "In opening the present negotiations with the Chinese Government, the Imperial Government were actuated by the desire to adjust matters to meet the new situation created by the war between Japan and Germany and of strengthening, in the interest of a firm and lasting peace in the Far East, the bond of amity and friendship between Japan and China by removing from the relations of the two countries various causes of misunderstanding and suspicion. Since the Imperial Government first presented their proposals to the Chinese Government in January last, twenty-five conferences have been held between the representatives of the two Governments. In these successive conferences, the Imperial Government presented their side of the case fully and frankly, while at the same time, animated by a spirit of conciliation and concord, they gave every possible consideration to the argument advanced by the Chinese Government. This fact, the Imperial Government believe, affords abundant proof of their sincere desire to bring the present negotiations to a peaceful conclusion. With the close of the twenty-fourth conference on April 17th, discussions on all questions were practically brought to an end. Thereupon the Imperial Government, in deference to the expressed wishes of the Chinese Government, considerably modified their original proposals and prepared an amended project, showing no small concessions on their part. This they presented to the Chinese Government on the 26th of the same month, with the announcement that should the Chinese Government accept it, Kiauchou Bay, which is a point of no small importance in the Far East commercially as well as strategically, and which cost Japan so much to take, would be returned to China at a proper time under fair and reasonable conditions. The reply which the Chinese Government gave on May 1st to this amended project of the Imperial Government was a total disappointment. It gave not only no indication of the Japanese amended project having been seriously examined by the Chinese Government, but also failed to show any appreciation of the friendly and generous offer of the Imperial Government. Japan, being now in possession of Kiauchou Bay, is under no obligation to return it to China. It is because of her desire to promote the friendly relations with China that Japan proposes to do so. The Imperial Government cannot conceal their keen disappointment at the utter disregard, on the part of the Chinese Government, of the sentiment which prompted them to make this offer. The Chinese Government, so far from showing an appreciation of the good will of the Imperial Government in respect of Kiauchou Bay, even demanded its unconditional surrender and cailed upon Japan to indemnify inevitable losses suffered by China in consequence of the war between Japan and Germany. Moreover, they presented several other demands in connection with the occupied territory, and declared that they were entitled to participate in the coming peace negotiations between Japan and Germany. A demand like the unconditional surrender of Kiauchou Bay or indemnification by Japan of inevitable losses suffered by China in consequence of the Japan-German war, is one that cannot be justly accepted by the Imperial Government. "Nevertheless the Chinese Government declared the last reply to be their final decision. Any agreements that have already been or may hereafter be reached as to the other points would, therefore, be of no effect, unless those inadmissible demands of China are accepted by Japan. In other words, the last reply of the Chinese Government, taken as a whole, amounts to nothing more than a rejection of the entire Japanese proposals. "In several other respects the Chinese reply is no less satisfactory. "As regards South Manchuria and Eastern Inner Mongolia, for instance, the Chinese Government ignored the universally recognized fact that these are the regions where, owing to geographical, political, and economical reasons, Japan has special interests which have been made the more preponderating as the result of the last two wars. Some of the proposals which the Imperial Government formulated with a conciliatory spirit on the basis of the declarations made by the Chinese representative at the conference, were arbitrarily amended by the Chinese Government, thus nullifying the statement of their own responsible Minister, while in some others an inconsistent and therefore inadmissible amendment was introduced showing thus no evidence of good faith and sincerity on their part. "As to the questions of advisers, land for schools and hospitals and supply of arms, the Imperial Government merely asked to leave on record what had been declared by the Chinese representative, while as regards the railway concessions in South China, they were satisfied with a promise that the matter would be favorably considered, in case there was no objection on the part of the other interested Powers. These proposals affected in no wise China's sovereignty or treaty obligations, but the Chinese Government refused to give their consent on the ground that they involved the question of China's sovereignty or of treaty obligations. "The Imperial Government extremely regret that they find in the attitude of the Chinese Government little use of further continuing the present negotiations. Yet the Imperial Government, who are ever solicitous for the preservation of peace in the Far East, prompted by the desire to bring the present negotiations to a satisfactory close and avoid the development of any serious complication in the situation, have decided, as a mark of their sincere good will towards the Chinese Government, to withdraw from the present negotiations and reserve for future discussion the whole of Group V, except the one item respecting Fukien Province about which agreement has been reached between the representatives of the two Governments. "The Imperial Government therefore advise the Chinese Government that they will,. in appreciation of the good will of the Imperial Government, accept without amendment all items, included in Groups I, II, III, and IV, together with the item in Group V relating to Fukien, as embodied in the Japanese amended project of April 26th. "In case the Imperial Government fail to receive from the Chinese Government, before 6 P. M. of May 9th, a satisfactory response to their advice they will take such independent action as they may deem necessary to meet the situation." Explanatory Note handed to the Chinese Minister of Foreign Affairs by the Japanese Minister at the time of the Delivery of the Ultimatum, May 7, 1915 "1. The sentence 'the whole of Group V except the one item respecting Fukien Province,' which appears in the latter part of the Ultimatum, refers to the question (a) of advisers, (b) of land for schools and hospitals, (c) of railways in South China, (d) of arms and arsenal, and (e) of right of preaching. "2. The acceptance by the Chinese Government of the item relating to Fukien Province, may be either in the form proposed by the Japanese Minister on April 26th, or in that contained in the Chinese reply of May 1st. "Although the Ultimatum calls for the acceptance by China, without alteration, of the revised Japanese proposals presented on April 26th, yet it should be noted that it merely states the principle, and does not apply to such exceptions as this item and items 4 and 5 of this note. "3.-If the Chinese Government accept all the items as demanded in the Ultimatum, the offer of the Japanese Government to restore Kiauchou Bay to China, made on April 26th, will hold good. "4.-The words 'lease or purchase' in Article 2 of Group II may be replaced by the words 'temporary lease' or 'perpetual lease,' or simply by 'lease' on the clear understanding that it means a long-term lease with the privilege of its unconditional renewal.1 "5.-The phrase 'the Japanese Government will be consulted' in connection with questions of railway loans and loans to be secured by the taxes in Eastern Inner Mongolia, should be altered in the sense that 'Japanese capitalists shall be consulted,' as in the case of similar agreement relating to manchuria on matters of the same kind. "Of the Article relating to the opening of trade marts in Eastern Inner Mongolia, the part which refers to the location and regulations may be left to an exchange of notes, as in the case of Shantung agreement. "6. From the phrase 'those interested in the said Company' in Group III of the revised Japanese proposals, the words 'those interested in' may be deleted. "7.-The official text of the treaties and their annexes shall be in Japanese or in both Japanese and Chinese." To this ultimatum the Chinese Government replied on May 8, 1915, in terms of which the English version is thus given in the official Chinese statement cited above: Chinese Reply to Japanese Ultimatum, May 8, 1915 "On the 7th of this month, at 3 o'clock p. m., the Chinese Government received an Ultimatum from the Japanese Government together with an Explanatory Note of seven articles. The Ultimatum concluded with the hope that the Chinese Government by 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 specified time, the Japanese Government 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 negotiations, 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, and in accordance with the Explanatory Note of seven articles accompanying the Ultimatum of the Japanese Government with the hope that thereby all the outstanding questions are settled, so that the cordial relationship between the two countries may be further consolidated. The Japanese Minister is hereby requested to appoint 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." In its official statement concerning these negotiations, the Chinese Government declares that although it was "constrained to comply in full with the terms of the Ultimatum," the Chinese Government nevertheless "disclaim any desire to associate themselves with any revision, which may be thus 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.” During the course of the negotiations, the American Government took occasion to communicate to the Chinese Government, through its Legation in Peking, under date of May 13, 1915, the following statement: Reservation of Rights by American Government, May 13, 1915 "In view of the circumstances of the negotiations which have taken place and which are now pending between the Government of China and the Government of Japan and of the agreements which have been reached as a result thereof, the Government of the United States has the honor to notify the Government of the Chinese Republic that it cannot recognize any agreement or undertaking which has been entered into or which may be entered into between the Governments of China and Japan impairing the treaty rights of the United States and its citizens in China, the political or territorial integrity of the Republic of China, or the international policy relative to China commonly known as the Open Door Policy. "An identical Note has been transmitted to the Imperial Japanese Government." A communication of identical tenor was conveyed to the Japanese Government through the American Embassy in Tokyo. 1 At this point, the English version of the explanatory note, accompanying the Chinese official communiqué cited above, gives the following additional paragraph: "Article 4 of Group II relating to the approval of Police laws and Ordinances and local taxes by the Japanese Consul may form the subject of a secret agreement." No. 36 RUSSIA AND CHINA Arrangement concerning the situation of Houlounbouir (Hailar).1-November 6, 1915 ARTICLE I. Hailar will form a special district, directly subject to the Central Government of the Chinese Republic. In case of necessity, however, and to accelerate correspondence, the authorities of Hailar may put themselves into communication with the principal authority of the Province of Heilungkiang, to whom they are subordinate. ART. II. The Fu Tu T'ung2 of Hailar will be appointed by a decree of the President of the Chinese Republic, and will exercise the powers of a provincial governor. Only the five Ouhérida of Hailar, and those of the local officials whose grade is not lower than the third class, may be appointed to this post. ART. III. There shall be created two sections in the administration of the Fu Tu T'ung-the right section, and the left section. One of the chiefs of these two sections will be chosen by the Fu Tu T'ung, and the other by the Ministry of the Interior. They will be confirmed in their functions by the Central Government of the Chinese Republic. Only the officials of Hailar whose grade is not lower than the fourth class may be appointed to the posts of chiefs of sections. It will be for the Fu Tu T'ung to establish the competence of each of these two sections, whose chiefs will be placed under his orders and will have no right of direct relations with the central authorities and with those of the other provinces, save in so far as they may have been authorized thereto by the Fu Tu T'ung. military requirements of Hailar The Fu Tu T'ung will be bound ART. IV. In normal times, all the will be served solely by the local militia. to make report to the Central Government of all measures of a military character that he may have taken, indicating the reasons therefor. In case there should arise in Hailar troubles of which the local authorities should recognize themselves unable to assure the suppression, the Cen 1 MACMURRAY, vol. II, p. 1247, translation from the French text as printed in Bulletin of Laws, No. 42, Section I, February 13/26, 1917. As there printed, the text of the actual agreement is preceded by an exchange of notes, under date of October 24/November 6, 1915, between the Chinese Minister for Foreign Affairs and the Russian Minister at Peking, recording the approval of the agreement by both Governments, and also embodying a declaraton by the Chinese Government of its intention to appoint the Ouhérida Shen Fu as first Fu Tu T'ung of Hailar. 2. e., Military deputy lieutenant governor. tral Government might send there detachments of its troops, after giving advance notice thereof to the Russian Government. After the reestablishment of order, these detachments would be withdrawn from the territories of Hailar. ART. V. The proceeds of all taxes collected in Hailar, as well as all the revenues of this district, will be reserved for the satisfaction of local requirements, excepting, however, the revenues of the maritime customs and of the salt gabelle, which will be taken by the Central Government. At the end of each year, the Fu Tu T'ung will be bound to render to the Central Government an account of the sums collected by his administration and also of the manner in which these sums may have been expended. ART. VI. The inhabitants of Hailar and of interior China, belonging to the classes of farmers, artisans and merchants, may freely circulate and reside both in China and in Hailar. They will be treated on a footing of equality, without any distinction being made between them. Since, however, the lands of Hailar are the common property of all its people, the Chinese may acquire farms there only upon lease for a term of years, and solely in localities where, in the opinion of the local authorities, their agricultural industry will not be objectionable from the viewpoint of the interests of cattle raising by the native population. ART. VII. If, in the future, the construction of railways should be undertaken in Hailar, and foreign capital should be required for their construction, the Government of the Chinese Republic would address itself in the first instance to Russia to obtain such capital. Such branches as the Chinese Eastern Railway Company and the other Russian holders of concessions for mines, timber-felling, etc., in Hailar, may propose to construct, for the purpose of transporting their materials and the products of the working of their concessions, may be built only with the authorization of the Central Government of the Chinese Republic. This authorization will be granted to the concessionaires, except in cases where special considerations stand in the way. It is clearly understood, however, that the present provision does not relate to the branches of which construction is already provided for by the terms of concessions to Russian subjects, confirmed by the Central Government of the Chinese Republic, as stipulated in the following article. ART. VIII. The contracts that have already been concluded between Russian investors and the authorities of Hailar, and which have been examined by a commission composed of Russian and Chinese delegates, are hereby confirmed by the Government of the Chinese Republic. (Sgd.) B. KROUPENSKY (L. S.) (Sgd.) Lou TSENG-TSIANG. |