for the residence of foreigners, to open by China herself, as soon as possible, certain suitable places in Eastern Inner Mongolia as commercial ports.1 Art. 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 agreements made heretofore between China and foreign financiers. [Cf. Original demands, II, Art. 7.] When in future more advantageous terms than those in existing 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. Art. 8. All existing treaties between China and Japan relating to Manchuria shall, except where otherwise provided for by this treaty, remain in force. Art. 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 Majesty the Emperor of Japan, and the ratifications thereof shall be exchanged at Tokyo 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 [May] of the fourth year of the Republic of China [1915], corresponding to the same day of the same month of the fourth year of Taisho. d. EXCHANGE OF NOTES RESPECTING MINES IN SOUTH MANCHURIA.2 Monsieur le Ministre, PEKING, the 25th day of the 5th month of the 4th year of the Republic of China. I have the honor to state that Japanese subjects shall, as soon as possible, investigate and select mines in the mining areas in South Manchuria 1 1 An exchange of notes respecting the opening of these ports was in substance as follows: "I have the honor to state that the places which ought to be opened as commercial ports by China herself, as provided in Art. 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 Government itself, a decision concerning which will be made after consulting the minister of Japan. "I avail, etc. (Signed) "Lu TSENG-TSIANG." The reply took "note of the same." (Op. cit., 53.) 2 Op. cit., 54-55. JAPANESE MINING PRIVILEGES 201 specified hereinunder, except 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. [The reply acknowledged "the receipt of the note."] e. EXCHANGE OF NOTES RESPECTING RAILWAYS AND TAXES IN SOUTH MANCHURIA AND EASTERN INNER MONGOLIA.1 Monsieur le Ministre, PEKING, the 25th day of the 5th month of the 4th year of the Republic of China. In the name of my Government, I have the honor to make the following declaration to your Govern ment: 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 the taxes in the above-mentioned places (excluding the salt and customs revenue which have already been pledged by the Chinese 1Op. cit., 56-57. Central Government) may negotiate for it with Japanese capitalists first. His Excellency, I avail, etc., (Signed) Lu TSENG-TSIANG. HIOKI EKI, Japanese Minister. [The reply took "note of the same."] f. EXCHANGE OF NOTES RESPECTING THE EMPLOYMENT OF ADVISERS IN SOUTH MANCHURIA.1 Monsieur le Ministre, PEKING, the 25th day of the 5th month of the 4th year of the Republic of China. In the name of the Chinese Government, I have the honor to make the following declaration to your Government: "Hereafter, if foreign advisers or instructors on political, financial, military or police matters are to be employed in South Manchuria, Japanese may be employed first." I avail, etc., His Excellency, HIOKI EKI, Japanese Minister. (Signed) Lu TSENG-TSIANG. [The reply took "note of the same."] 9. EXCHANGE OF NOTES RESPecting the Matter of Han-YEH-PING.2 Monsieur le Ministre, PEKING, the 25th day of the 5th month of the 4th year of the Republic of China. I have the honor to state that if in future the Han-yeh-ping 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 permission. The Chinese Government further agrees not to confiscate the said company, 1Op. cit., 58. 1 2 Op. cit., 62. CONTROL OF FUKIEN PROVINCE 203 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. His Excellency, I avail, etc., (Signed) Lu TSENG-TSIANG. HIOKI EKI, Japanese Minister. [The reply took "note of the same.' h. EXCHANGE OF NOTES RESPECTING THE FUKIEN QUESTION.1 Excellency, PEKING, the 25th day of the 5th month of the 4th year of the Republic of China. A report has reached me to the effect that the Chinese Government 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 establishments; and also of borrowing foreign capital for the purpose of setting up the above-mentioned establishments. I have the honor to request that your Excellency be good enough to give me a reply stating whether or not the Chinese Government really entertains such an intention. I have the honor to acknowledge the receipt of your Excellency'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, 1Op. cit., 63. 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. His Excellency, Japanese Minister. I avail, etc., (Signed) Lu TSENG-TSIANG. 3. CHENGCHIA TUN NEGOTIATIONS, 1916-1917.1 In August, 1916, a dispute between a Japanese merchant named Yoshimoto and a Chinese soldier of the 28th division stationed at Chengchia Tun led to a fracas between Japanese and Chinese soldiers. The Japanese soldiers had been in Chengchia Tun for over two years. They had no justification for being there. The Chinese Government had repeatedly protested against their presence. A Japanese policeman who was informed of the dispute induced a Japanese lieutenant to lead some Japanese soldiers to the Chinese barracks to demand satisfaction. A fracas ensued in which four Chinese and 12 Japanese soldiers were killed and others wounded. The Japanese troops were reinforced and new detachments were stationed at posts on the highway between Chengchia Tun and Ssupinkai. On September 2, the Japanese minister submitted to the Foreign Office a series of eight demands divided into two categories. Four were demands properly so-called and four desiderata. The demands were: 1. Punishment of the general commanding the 28th division. 2. The dismissal of the officers at Chengchia Tun responsible for the occurrence, as well as the severe punishment of those who took direct part in the fracas. 3. Proclamation to be posted ordering all Chinese soldiers and civilians in South Manchuria and Eastern Inner Mongolia to refrain from any act calculated to provoke a breach of the peace with Japanese soldiers or civilians. 4. China to agree to the stationing of Japanese police officers in places in South Manchuria and Eastern Inner Mongolia where their 1 American Journal of International Law, Supplement, XI, 112–119; reprinting from Peking Gazette, January 29, 1917. |