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Senator Brandegee. You will put the German text into the record.
Mr. Ferguson. I will later put the original German text into the record if I may be allowed to do so. I will state also that the translation of the Chinese text of the treaty explicitly states that Germany promises forever—the two Chinese characters are yung yuan, which mean forever—promises forever never to transfer this lease to any other power. That is the text as it occurs in Chinese.
Senator Mccumber. And that agrees with the English translation as set forth in the treaty, namely, that Germany engages at no time to sublet the territory leased from China to any other power.
Mr. Ferguson. Yes. If it is agreeable to the committee I would like also to put into your record the full text of this convention between China and Germany respecting the lease of Kiaochow to Germany, which was concluded March 6, 1898. It can easily be found in the State Department document, or I can furnish another copy of it to be included in my testimony if you so desire.
Senator Brandegee. I would like to have it in the record.
Mr. Ferguson. Yes.
(The convention here referred to, and three others referred to in this day's hearing, are here printed in full as follows:)
No. 1. Convention Between China And Germany Respecting The Lease Op Kiaochow To Germany March 6, 1898.
The incidents connected with the Mission in the Prefecture of Teao-chow-fu, in Shantung, being now closed, the Imperial Chinese Government consider it advisable to give a specialproof of their grateful appreciation of the assistance rendered to them by Germany. The Imperial German and the Imperial Chinese Governments, therefore, inspired by the equal and mutual wish to strengthen the bonds of friendship which unite the two countries, and to develop the commercial relations between the subjects of the two States, have concluded the following separate Convention:
SECTION I.—LEASE OP KIAOCHOW.
Art. 1. His Majesty the Emperor of China, guided by the intention to strengthen the friendly relations between China and Germany, and at the same time to increase the military readiness of the Chinese Empire, engages, while reserving to himself all rights of sovereignty in a zone of 50 kilom. (100 Chinese li) surrounding the Bay of Kiaochow at high water, to permit the free passage of German troops within this zone at any time, and also in taking any measures, or issuing any ordinances therein, to previously consult and secure the agreement of the German Government, and especially to place no obstacle in the way of any regulation of the water-courses which may prove to be necessary. His Majesty the Emperor of China, at the same time, reserves to himself the right to station troops within this zone, in agreement with the German Government, and to take other military measures.
Art. 2. With the intention of meeting the legitimate desire of His Majesty the German Emperor, that Germany like other Powers should hold a place on the Chinese coast for the repair and equipment of her ships, for the storage of materials and provisions for the same, and for other arrangements connected therewith, His Majesty the Emperor of China leases to Germany, provisionally for ninety-nine years, both sides of the entrance to the Bay of Kiaochow. Germany engages to construct, at a suitable moment, on the territory thus leased fortifications for the protection of the buildings to be constructed there and of the entrance to the harbour.
Art. 3. In order to avoid the possibility of conflicts, the Imperial Chinese Government will not exercise rights of administration in the leased territory during the term of the lease, but grants the exercise of the same to Germany, within the following limits:
1. On the northern side of the entrance to the Bay:
The Peninsula bounded to the north-east by a line drawn from the north-eastern corner of Potato Island to Loshan Harbour.
2. On the southern side of the entrance to the Bay:
The Peninsula bounded to the south-west by a line drawn from the south-westernmost point of the Bay lying to the aouthsouthwest of Chiposan Island in the direction of Tolosan Island.
3. The Island of Ohiposan and Potato Island.
4. The whole water area of the Bay up to the highest watermark at present known.
5. All islands lying seaward from Kiaochow Bay, which may he of importance for its defence, such as Tolosan, Chalienchow, etc.
The High Contracting Parties reserve to themselves to delimit more accurately, in accordance with local traditions, the boundaries of the territory leased to Germany and of the 50 kilom. zone round the Bay, by means of Commissioners to be appointed on both sides.
Chinese ships of war and merchant vessels shall enjoy the same privileges in the Bay of Kiaochow as the ships of other nations on friendly terms with Germany; and the entrance, departure and sojourn of Chinese ships in the Bay shall not be subject to any restrictions other than those which the Imperial German Government, in virtue of the rights of administration over the whole of the water area of the Bay transferred to Germany, may at any time find it necessary to impose with regard to the ships of other nations.
Art. 4. Germany engages to construct the necessary navigation signs on the islands and shallows at the entrance of the Bay.
No dues shall be demanded from Chinese ships of war and merchant vessels in the Bay of Kiaochow, except those which may be levied upon other vessels for the purpose of maintaining the necessary harbour arrangements and quays.
Art. 5. Should Germany at some future time express the wish to return Kiaochow Bay to China before the expiration of the lease, China engages to refund to Germany the expenditure she has incurred at Kiaochow and convey to Germany a more suitable place.
Germany engages at no time to sublet the territory leased from China to another Power.
The Chinese population dwelling in the leased territory shall at all times enjoy the protection of the German Government provided that they behave in conformity with law and order; unless their land is required for other purposes, they may remain there.
If land belonging to Chinese owners is required for any other purpose, the owner will receive compensation.
As regards the reestablishment of Chinese customs stations which formerly existed outside the leased territory but within the 50 kilom. zone, the Imperial German Government intends to come to an agreement with the Chinese Government for the definite regulations of the customs frontier, and the mode of collecting customs duties in a manner which will safeguard all the interests of China, and propose to enter into further negotiations on the subject.
SECTION II.—RAILWAYS AND MINKS.
Art. 1. The Chinese Government sanctions the construction by Germany of two lines of railway in Shantung. The first will run from Kiaochow to Chinan and the Boundary of Shantung Province via Weihsien, Tsingchow, Poshan, Tzechwan and Tsowping. The second line will connect Kiaochow with I-chow, whence an extension will be constructed to Chinan through Laiwu-Hsien. The construction of the line from Chinan to the boundary of Shantung Province shall not be begun till after the completion of the construction of the line to Chinan, so that a further arrangement may be made with a view to effecting a connection with China's own railway system. What places the line from Chinan to the provincial boundary shall take in en route shall be specified in the regulations to be made separately.
Art. 2. In order to carry out the above-mentioned railway work a Chino-German Railway Company shall be formed with branches in one or more places, and in this Company both German and Chinese merchants shall be at liberty to raise the capital and appoint directors for the management of the undertaking.
Art. 3. All arrangements for the above purposes shall be determined in an additional agreement to be concluded by the High Contracting Parties as soon as possible. China and Germany will settle this matter by themselves, but the Chinese Government will accord favorable treatment to the said Chino-German Railway Company in constructing and operating the above-mentioned lines and extend to them other privileges enjoyed by Chino-Foreign Companies established in other parts of China.
The above article is conceived only in the interest of commerce: it has no other design. Positively no land or territorv in the Province of Shantung may be annexed in the construction of the above-mentioned railways.
Art. 4. In the vicinity of the railways to be built, within 30 li of them, as, for instance, in Weihsien and Poshan Hsien on the Northern line from Kiaochow to Chinan and as in Ichow Fu and Laiwu Hsien on the Southern line from Kiaochow via I chow to Chinau. fierman merchants are permitted to excavate coal. etc. The necessary works may be undertaken by Chinese and German merchants combining the capital. The mining regulations shall also be subsequently negotiated with care. The Chinese Government will, according to what has been stipulated for in the provision concerning the construction of railways, also accord favorable treatment to the German merchants and workmen, and extend to them other privileges enjoyed by Chino-Foreign Companies established in other parts of China.
This Article is also conceived only in the interests of commerce, and has no other design.
SECTION III.—AFFAIRS IN THE WHOLE PROVINCE OF SHANTUNG.
If within the Province of Shantung any matters are undertaken for which foreign assistance, whether in personnel or in capital, or in material, is invited, China agrees that the German merchants concerned shall first be asked whether they wish to undertake the works and provide the materials.
In case the German merchants do not wish to undertake the said works and provide the materials, then as a matter of fairness China will be free to make such other arrangement as suits her convenience.
The above agreement shall be ratified by the Sovereigns of both Contracting States, and the ratifications exchanged in such manner that, after the receipt in Berlin of the Treaty ratified by China, the copy ratified by Germany shall be handed to the Chinese Minister in Berlin.
The foregoing Treaty has been drawn up in four copies two in German and two in Chinese, and was signed by the Representatives of the two Contracting Parties on the 6th March, 1898, equal to the 14th day of the 2nd month in the 24th year Kuang-Hsu. [Great seal of the Tsung-li Yamen.] Li Hung Chang.
(In Chinese), Imperial Chinese
Baron Von Heyking.
No. 2. Agreement Between China And Germany Respecting The Kiaochow
His Excellency the Governor of the Province of Shantung Yuan Shih Kai, and His Excellency the Lieutenant General Yin Chang, upon petition of the Governor of Shantung, especially delegated by Imperial decree to these negotiations, on the one side, and the Managing Board of the Shantung Railway Company at Tsingtao, represented by Mr. H. Hildebrand, a Royal Inspector of Prussian Railways, on the other side, have, in order to prevent agitation and disturbances of any kind in Shantung during the period of building the railway and to maintain friendly relations between the population of the province and the Company, agreed upon the following. Railway Regulatuons with regard to the line of railway between the boundaries of the German leased territory and Chinanfu, subject to the approval of the Board of Directors of the Shantung Railway Company in Berlin and reduced to writing in Chinese and German texts of like tenour.
Art. 1. In accordance with Art. 4, section 2, of the aforesaid Kiaochow Convention a German-Chinese Railway Company shall be formed, issuing shares to German and Chinese subjects. This company shall for the present, be under German management. It shall half-yearly notify the Chiao Se Chuo at Chinanfu of the number of shares purchased by Chinese. As soon as the amount of such shares has reached Taels 100,000, the Governor of the Province of Shantung shall delegate a Chinese official for cooperation at the seat of the Company.
Art. 2. Should in future branches of the Administration of the Company be established in Shantung, one Chinese official shall be delegated to each one of them.
Art. 3. Officials or respectable citizens shall be consulted upon the location of the railway, in order to take as far as possible into consideration the interests of the population. To avoid difficulties in negotiations, these shall be conducted on the Chinese side by Chinese officials delegated by the Governor of Shantung. The technical determinations of the location of line shall be left to the Company's engineer*. A sketch plan of the line's location, done in a scale of 1: 25000 shall be submitted to the Governor of Shantung for information and only thereafter land may be purchased. The construction of the railway cannot be begun before the land has actually teen purchased.
The purchase of land shall be done peacefully and quickly as hitherto, so that the construction of the railway be not delayed by purchasing land or by difficulties arising from disputes with individual owners. To avoid all such difficulties the abovementioned Chinese official shall act as mediator when land is purchased and shall settle all disputes eventually arising. The land shall be purchased in an honest way according to the locally customary ruling price.
The Company shall not be allowed to buy more land than necessary for the railwayenterprise, and future extension thereof.
Meanwhile the following minima may be purchased:
For stopping points a plot of land 030 m long and 70 m wide.
For country stations a plot of land 730 m long and 100 m wide.
For small town stations a plot of land 850 m long and 130 m wide.
For stations of larger towns the plots of land have to be larger, corresponding to actual importance of the place in question. The land necessary for the supply of earth to construct embankments is not included in the foregoing areas. 1 m is equal to 2 feet 9.6 inches, 1 foot is equal to 0.338 m.
Art. 4. Wherever water courses are met, sufficient flow has to be provided for by building bridges and culverts so that agriculture may suffer no damage.
Art. 5. The road is to be located in such a way as not to damage or cut through city walls, fortifications, public edifices and important places.
Art. 6. Houses, farmsteads and villages, temples, graves and above all high class graveyards belonging to the gentry which are fenced in and planted with trees shall be avoided by the railway as far as possible. So far as this is impossible the local authorities shall give notice to the owners two months beforehand and settle with them a compensation of an amount enabling to erect graveyards, etc. of the same condition at another place without sustaining any loss of money.
Art. 7. In surveying the land to be purchased the "kung" shall be used as unit. One kung is equal to 5 official feet, one foot is equal to 0.338 m. One Mu is counted to be 360 kung or equal to 9000 square feet.
As to the land tax to be paid by the Shantung Railway Company the same regulations shall be applied as in force for the most-favoured Railway Company in any other place of China.
Art. 8. Injuries done to crops during preparatory or construction work are to be made good by the Company according to prices to be settled with the local authorities.
Art. 9. The salaries of the assistants placed by the local authorities at the disposition of the Railway at its wish shall be paid by the latter. These salaries shall not be included in the price of land purchased.
The money for the land is to be paid into the hands of the District-Magistrate, who is responsible for the proper payment to the different owners entitled to receive the money.
The District-Magistrate also has to hand over the title deeds to the Railway Company.
Art. 10. The Railway Administration intending to rent houses for "offices and residences near the work places shall apply to the District-Magistrate who will make the necessary arrangements with the owners and will on its behalf conclude the contracts.
Art. 11. The purchase of material necessary for the construction of the railway shall be transacted in a fair manner and the usual market-price shall be paid for same. If necessary the intervention of the District-Magistrate shall be applied for.
Art. 12. The exchange of different kinds of money shall always be done at the rate ruling on th day.
Art. 13. The Railway Company is not permitted to construct without special permission of the Governor of Shantung other railroads than those mentioned in the Kiaochow Convention, including the t>ranch line to Poshanhsien.
Branch lines connecting coal and other mines and places where building or ballasting materials are to be taken, connecting with the main line, may be built without special authorization. It is however understood that previous notice of the construction of such lines has to be given to the Governor of Shantung.
Art. 14. Foreigners, travelling or doing business in the interior of the Province of Shantung, in order to enjoy better protection, must be provided with passports duly sealed by the proper Chinese and German authorities. Chinese local authorities cannot assume responsibility if such a passport is not produced.
Art. 15. German and Chinese employees of the Railway Company are to be provided with certificates attested by the seals of the Railway Administration and of the local Authorities, in order, when necessary, to prove their official capacity.
The engineers, when surveying, shall be accompanied by an official, delegated by the District-Magistrate. This official shall, if necessary by police-force, render assistance in protecting the property of the Railway Company and the survey poles.
Persons fraudulently pretending to be employees of the Railway Company shall be arrested and punished by the Ijocal Authorities.
Art. 16. If troops are needed, outside of the 100 li (50 kilometer) zone, they shall be despatched by the Governor of the Province of Shantung. No foreign troops may be employed for this purpose.
The Governor of the Province of Shantung binds himself to take effective measures during the period of surveying as well as when the railway is under construction or opened for traffic to prevent any damage being done to it by the mob or by rebels.
Art. 17. This railway, having for sole purpose the development of commerce, shall not, outside of the 100 li zone, be permitted to transport foreign troops and war materials employed by them. In case there should be war between China and a foreign power and the railway should at the time still be managed by the said Company, then the Company must continue to observe the provision afore-mentioned. In case certain sections are occupied by the enemy and the Company should lose its power of management, then the provincial authorities will not be responsible for the protection (of the railway).
Art. 18. Freightage for foodstuffs and clothing to be distributed amongst the distressed during famines and floods, shall be reduced according to the rules adopted by the railways of Germany and when troops are despatched to suppress rebellions the same is to be applied to the fares for soldiers and to the freightage for their war materials.
Art. 19. At railway stations, where custom-houses are established, the Railway Administration shall make such arrangements as to assist the Imperial Chinese Customs in collecting the legal dues.
The expenses for the necessary buildings, to be erected upon application of the Customs Administration are to be refunded by the latter to the Railway Administration according to agreements always to be made beforehand.
Art. 20. The natives of towns and villages near the railway shall be as far as possible engaged as workmen and as contractors for the supply of materials.
Art. 21. Chinese subjects employed outside the leased territory by the Railway Company in case of contravention of Chinese law are subject to the jurisdiction of the competent District-Magistrate.
The competent District-Magistrate having officially notified the necessity of legal steps against such employeas, the Railway Company shall not do anything by which he may evade justice.
Complaints against foreigners are to be dealt with according to the proper laws. In such cases, the Railway Company on its part shall make an investigation and take disciplinary proceedings against the offender.
Art. 22. The natives of districts, where the railway passes through, shall as far as possible be employed at the work and shall be paid for as customary there.
If fights should occur between railway-men and natives the local official will have the right to arrest and punish the guilty.
The workmen of the railway are absolutely prohibited unwarrantably to enter houses of natives. In case of contravention they will be severely punished.
Art. 23. The construction of the railway being completed, foremen and workmen necessary for maintenance and safekeeping of the line are as far as practicable to be engaged from amongst the inhabitants of villages and towns near the line in conformity with suggestions made by the elders of these places. These elders will be responsible for the good behaviour of these engaged and will furnish them with certificates issued by the District-Magistrate.
Art. 24. The railway being open to public traffic, its administration assumes the responsibility for any loss of life or goods caused by accidents and is liable to pay compensation to wounded or killed persons according to the local custom, ana to cover any loss of goods according to detailed regulations to be drawn up and published by the Company.
Likewise the Railway will be held responsible for damage to persons and property by construction trains through its neglect.
Art. 25. The safety on the line being endangered by floods, slips of embankments or breakages of bridges, etc., public traffic shallnot be reopened before all these difficulties have been removed.
Art. 26. Should the Railway Company apply for soldiers to protect the preparatory work, the construction or the traffic of the railway, the Governor of the Province of