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THUBSDAY, AUGUST 21, 1919.
United States Senate,
Washington, D. C. The committee met, pursuant to adjournment, at 10 o'clock a. m., in room 426 Senate Office Building, Senator Henry Cabot Lodge presiding.
Present, Senators Lodge (chairman), McCumber, Brandegee, Knox, Harding, Johnson, Moses, and Swanson.
STATEMENT OF MR. JOHN C. FERGUSON—Besomed.
The Chairman. You may proceed, Mr. Ferguson.
Senator Johnson of California. Senator McCumber have you some other questions you wish to ask?
Senator Mccumber. Nothing further now, Senator.
Mr. Ferguson. Mr. Chairman, before anything else is asked me I want to insert what Senator Hitchcock, I think it was, asked me about yesterday. I spoke from memory, and I have since consulted my authorities and found that my memory had not served me right in the matter, and I want to make it clear in my testimony if possible.
The Chairman. Certainly.
Mr. Ferguson. This is in regard to the convention between China and Germany respecting the lease of Kiaochow to Germany. I was asked yesterday as to whether or not it was definitely specified in that convention that Germany could not sublet the leased territory to any other power, and I said that according to my memory there was no provision in the treaty, but that I spoke simply from memory in the matter.
I have since looked up my records and find that under article 5 of section 1 of that treaty, which was translated and inserted in the British official treaty compilation, and also in the compilation made for our own Government by Mr. W. W. Rockhill and printed in the United States Government Printing Office in 1905, called ''Treaties and Conventions with or Concerning China and Korea, 1894-1904, Washington, 1905 (U. S. Government Printing Office)," article 5 of section 1, in the second paragraph, states
Senator Mccumber. That is of what treaty? Will you state the year?
Mr. Ferguson. That is of the treaty of March 6, 1898.
Senator Mccumber. Between China and Germany?
Mr. Ferguson. Between China and Germany, respecting the lease of Kiaochow to Germany. It states:
Germany engages at no time to sublet the territory leased from China to another power.
I might state that in Mr. Rockhill's edition of the treaties he appends a footnote to the paragraph beginning "The Chinese Government sanctions the construction of Germany," headed in the Rockhill translation "sections 2 and 3." This is the footnote:
The following sections of the German-Chinese agreement of March 6, 1898. have never been made public by the German Government, but have been privately communicated to persons interested in the development of the protectorate. See Proceedings before the Budget Commission of the Reichstag April 29, 1898, in Brit Blue Book, China No. 1 (1899), p. 67. See also Precis of these sections of the agreement, Brit. Blue Book, China No. 1 (1899) p. 152. The text as given here of thes* sections of the agreement is based on unofficial publications, but is, it is believed. substantially correct.
That is the whole of Mr. Rockhill's footnote.
Senator Brandegee. Excuse me. Was that publication that vou speak of as having been printed in the Government Printing Office in 1905, with the title which you gave it, printed as an executive document or as a State Department paper?
Mr. Ferguson. As a State Department paper, as I remember.
1 speak of that simply from memory.
senator Brandegee. It is easy to identify that, I think.
Mr. Ferguson. Yes.
Senator Brandegee. You read some provision there from Mr Rockhill's statement, as I recall it, stating that China had objected to the German interpretation of the treaty?
Mr. Ferguson, 1\o, sir.
Senator Brandegee. Did you not read something about China not agreeing to an interpretation?
Mr. Ferguson. No, sir.
Senator Brandegee. I have a memory that you said something about the German interpretation of the treaty, did you not?
Mr. Ferguson. No, sir.
Senator Brandegee. Then I am mistaken about that.
Mr. Ferguson. I might say that the official text of the treatv, in German, was published by the Imperial Maritime Customs as volume
2 of "Treaties, Conventions, etc., between China and Foreign States.
Senator Brandegee. As of what date?
Mr. Ferguson. In 1908. I have a photographic copy of the original convention in the German language and in Chinese, which I will hand over to the committee for any future reference, although it may not be, I suppose, convenient to incorporate it in my testimony. I will hand it over so that the committee will always have it.
I would say that in reference to this paragraph 2 of article 5, the provision in the German text of the treaty is—
Deutschland verplichtet sich das von China gepachteto Gebiet niemals an and«T>Macht weiter zu verpachten.
A literal translation of these words would seem to be—
Germany obligates itself never to extend farther the leasing process, aa rMpxv the territory leased from China, to any other State.
Senator Mccumber. That is substantially the same that he has given here.
Mr. Ferguson. The expression "weiter zu verpachten"' in the Rockhill translation, which is the English translation, is translated "sublease." Taking the literal meaning of the German words, however, this provision seems clearly to cut off all privilege of transfer of the territory, whether by assignment or sublease.
Senator Braxdegee. You will put the German text into the record.
Mr. Fergusox. I will later put the original German text into the record if I may be allowed to do 90. 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:)
N'o. 1. Convention Between China And Germany Respecting The Lease Of Kiaochow To Germany March 6, 1898.
The incidents connected with the Mission in the Prefecture of Tsao-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 OF KIAOCHOW.
Art. I. 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 southsouthwest of Chiposan Island in the direction of Tolosan Island.
3. The Island of Cbipoaan 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 be of importance f. r 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 Ray of Kiaochow as the ships of other nations on friendly terms with Germany; and tinentrance, departure and sojourn of Chinese ships in J.he 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 ship* oi other nations.
Art. 4. Germany engages to construct the necessary navigation signs on the island' 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 remak 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 duttea 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 MINES.
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 Weihrien, Tsingchow, Poshan, Tzechwan anfl 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 ii\a the completion of the construction of the line to Chinan, so that a further an» ment 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-Gerniai. Railway Company shall be formed with branches in one or more places, and in tiiCompany 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 siidi tional agreement to be concluded by the High Contracting Parties as soon as posatJChina and Germany will settle this matter by themselves, but the Chinese Govern ment will accord favorable treatment to the said Chino-German Railway Compar..' in constructing and operating the above-mentioned lines and extend to them other privileges enjoyed by Chino-Foreign Companies established in other parta of <"hiu
The above article is conceived only in the interest of commerce: it has Do oil*" design. Positively no land or territory in the Province of Shantung may be anniMfi in the construction of the above-mentioned railways.
Art. 4. In the vicinity of the railways to be built, within -50 li of them. a*. f"f 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 iw Ichow to Chinan, Gorman 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 m.—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 Chinan Railway Regulations, March 21, 1900.
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 aide, 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 Regulations 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 iShantung 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. .'!. 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