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500.A4a/162

The Nine-Power Treaties Relating to China

Draft by Mr. Balfour, of the British Delegation, of a Treaty between the British Empire, China, France, Japan, and the United States of America "

(Second Revise.)

The Governments of the British Empire, China, France, Japan and the United States of America have agreed upon the stipulations set forth below, having the following objects:

(a) The consolidation and maintenance of the general peace in Eastern Asia:

(b) The preservation of the independence and integrity of the
Chinese Republic:

(c) The application of the principle of equal opportunity for
the commerce and industry of all nations in China:
(d) The substitution of international co-operation for interna-
tional rivalry in China:-

ARTICLE I

It is agreed that whenever, in the opinion of the High Contracting Parties, any of the objects referred to in the preamble of this Agreement are in jeopardy, the five Governments will communicate with one another fully and frankly and will consider in common the measures which should be taken to safeguard their menaced rights or interests.

ARTICLE II

The High Contracting Parties agree that they will in no circumstances take independent action for the protection of their interests in Eastern Asia by the employment of naval, military or aerial forces, without previously consulting the other High Contracting Parties as to the desirability of taking such measures, save in cases where life and property are endangered.

ARTICLE III

Every contract and arrangement involving financial liability between the Central Chinese Governments and/or the Provisional Chinese Governments and the High Contracting Parties and/or their nationals and/or the agents of their nationals shall be communicated to all the High Contracting Powers, and no such contract or arrangement shall be binding until so communicated.

44 Handed to the Secretary of State by Mr. Balfour during their conversation of Nov. 11, 1921; see memorandum p. 1.

ARTICLE IV

The diplomatic representatives of the High Contracting Parties at Peking shall be vested with the executive authority of carrying out this Agreement.

ARTICLE V

The High Contracting Parties recognise the desirability of arranging for periodical meetings between their duly accredited representatives for the discussion of the practical means best calculated to secure the objects aimed at under the present Agreement.

ARTICLE VI

The High Contracting Parties agree that they will not, without consulting one another, enter into separate Agreements with another Power or Powers to the prejudice of the objects described in the preamble to this Agreement.

[WASHINGTON,] November 7, 1921.

Statement Made by Mr. Sze, of the Chinese Delegation, at the First Meeting of the Committee on Pacific and Far Eastern Questions, November 16, 1921 45

In view of the fact that China must necessarily play an important part in the deliberations of this Conference with reference to the political situation in the Far East, the Chinese Delegation has thought it proper that they should take the first possible opportunity to state certain general principles which, in their opinion, should guide the Conference in the determinations which it is to make. Certain of the specific applications of the principles which it is expected that the Conference will make, it is our intention later to bring forward, but at the present time it is deemed sufficient simply to propose the principles which I shall presently read.

In formulating these principles, the purpose has been kept steadily in view of obtaining rules in accordance with which existing and possible future political and economic problems in the Far East and the Pacific may be most justly settled and with due regard to the rights and legitimate interests of all the Powers concerned. Thus it has been sought to harmonize the particular interests of China with the general interests of the world. China is anxious to play her part, not only in maintaining peace, but in promoting the material advancement and the cultural development of all the nations. She wishes to make her

45

Reprinted from Conference on the Limitation of Armament, p. 866.

vast natural resources available to all peoples who need them, and in return to receive the benefits of free and equal intercourse with them. In order that she may do this, it is necessary that she should have every possible opportunity to develop her political institutions in accordance with the genius and needs of her own people. China is now contending with certain difficult problems which necessarily arise when any country makes a radical change in its form of Government. These problems she will be able to solve if given the opportunity to do so. This means not only that she should be freed from the danger or threat of foreign aggression, but that so far as circumstances will possibly permit, she be relieved from limitations which now deprive her of autonomous administrative action and prevent her from securing adequate public revenues.

In conformity with the Agenda of the Conference, the Chinese Government proposes for the consideration of and adoption by the Conference the following general principles to be applied in the determination of the questions relating to China:

1. (a) The Powers engage to respect and observe the territorial integrity and political and administrative independence of the Chinese Republic.

(b) China upon her part is prepared to give an undertaking not to alienate or lease any portion of her territory or littoral to any Power.

2. China, being in full accord with the principle of the so-called open door or equal opportunity for the commerce and industry of all nations having treaty relations with China, is prepared to accept and apply it in all parts of the Chinese Republic without exception.

3. With a view to strengthening mutual confidence and maintaining peace in the Pacific and Far East, the Powers agree not to conclude between themselves any treaty or agreement directly affecting China or the general peace in these regions without previously notifying China and giving to her an opportunity to participate.

4. All special rights, privileges, immunities or commitments, whatever their character or contractual basis, claimed by any of the Powers in or relating to China are to be declared, and all such or future claims not so made known are to be deemed null and void. The rights, privileges, immunities and commitments, now known or to be declared, are to be examined with a view to determining their scope and validity and, if valid, to harmonizing them with one another and with the principles declared by this Conference.

5. Immediately or as soon as circumstances will permit, existing limitations upon China's political, jurisdictional and administrative freedom of action are to be removed.

6. Reasonable, definite terms of duration are to be attached to China's present commitments which are without time limits.

7. In the interpretation of instruments granting special rights or privileges, the well established principle of construction that such grants shall be strictly construed in favor of the grantors, is to be observed.

8. China's rights as a neutral are to be fully respected in future wars to which she is not a party.

9. Provision is to be made for the peaceful settlement of international disputes in the Pacific and the Far East.

10. Provision is to be made for future Conferences to be held from time to time for the discussion of international questions relative to the Pacific and the Far East, as a basis for the determination of common policies of the Signatory Powers in relation thereto.

500.A4/286: Telegram

The Ambassador in Japan (Warren) to the Secretary of State

390...

[Paraphrase-Extract"]

TOKYO, November 17, 1921-9 p.m.
[Received 11 p.m.]

I informed Prime Minister Takahashi that I had talked with Hara 50 about China and Siberia, and I asked if any new instructions on Far Eastern questions would be given. He said no, that he agreed with Hara's policies, that he was prepared to make an agreement for free and equal opportunity for trade in China, wanted to assist in helping her, and in general favored the open-door policy and would agree to put practical inauguration of the principle into effect. I asked if he felt there would be much difficulty in finding a common policy on Far Eastern problems and he said no. His thoughts constantly turned toward the financial aspect. He mentioned the great saving to be brought about by the sweeping character of the proposals and stated that he would be [pleased?] if economic questions would be considered after the other problems were disposed of. He talked at length on these questions.

500.A41a/74a: Telegram

WARREN

The Secretary of State to the Minister in China (Schurman)

[Paraphrase]

WASHINGTON, December 7, 1921—4 p. m.

319. Internal differences which have arisen within the Chinese delegation cause grave concern to the friends of China. During

49

Paraphrase of the entire telegram is printed on p. 61.

60 Takashi Hara, formerly Japanese Prime Minister.

the earlier part of the Conference their reasonable attitude had aroused the admiration of the public and of the other delegations, but a regrettable change has recently become manifest. Partly doubtless as a result of pressure from home and possibly through bad advice based on lack of knowledge of the full facts, certain members of the delegation have taken the attitude that no accommodation or compromise can be considered even in unimportant matters.

Tyau's

51

54

resignation . . . and Wang's . . . and Wang's 52 threat to resign unless there is a more uncompromising attitude, have limited the freedom. of action of Sze 53 and Koo 5* in presenting the case of China in a way to take the greatest advantage of opportunities, and consequently have restricted their usefulness as representatives of China's interests.

If the Chinese Government and influential public bodies in China should withdraw support from these delegates and force them in self-defense to abandon an attitude of helpfulness and conciliation for one of uncompromising obstruction, the result would be to dissipate the sympathy and confidence they have thus far commanded, and react very unfavorably upon the work of the Conference in general and more particularly upon China's position.

You may discreetly use this information as a suitable occasion offers, and make clear the very real danger that a policy of insisting obstinately upon impractical points of view may defeat the hopes of China and of China's friends that the Conference may help in ameliorating some at least of the existing unfortunate conditions.

HUGHES

500.A41a/77: Telegram

The Minister in China (Schurman) to the Secretary of State

PEKING, December 11, 1921-6 p. m.

[Received December 11-1 p. m.]

443. Your December 7, 4 p. m. At flood-relief ball in Foreign Office last night I found suitable occasion to talk to Minister for Foreign Affairs. I said China might gain more than any other nation from Conference but was throwing away opportunity by unreasonable and unaccommodating attitude of the delegation, on their serious [sic] and their failure to discriminate between what was important and unimportant, practical and impractical. I said

51

Philip K. C. Tyau, secretary general of the Chinese delegation.
Chung-Hui Wang, Chinese delegate, and Chief Justice of the Supreme

Court.

53

Sao-Ke Alfred Sze, Chinese delegate, and Minister at Washington.

"V. K. Wellington Koo, Chinese delegate, and Minister in Great Britain.

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