should keep herself aloof from such entanglements and be the protector of the Far East and a peacemaker of the world. This abstention is rendered all the more imperative, should China aspire to maintain an Asiatic Monroe Doctrine or the Doctrine of the Middle Kingdom in Eastern Asia, which we shall discuss later. The successful maintenance of such a doctrine will require that, except when her own interests or those of humanity are jeopar! dized, China should abstain from any intervention in the affairs of Europe, just as she desires European Powers to keep away from intervention in the affairs of the Far East."

NOTES TO CHAPTER XXVIII

1. For reasons of this change, vide supra, chapter on the International Coöperation and Control.

2. MacMurray, Treaties and Agreements with and Concerning China, 1912/12.

3. MacMurray, 1913/11.

4. MacMurray, 1914/12. 4A. MacMurray, 1915/10. 5. MacMurray, 1906/2.

6. MacMurray, 1906/2.

6A. Vide supra, chapter on The Policy of Russia in China. 7. Vide infra, chapter on The Policy of World Welfare.

XXIX

THE POLICY OF RECOVERY

THE second policy for China is the policy of recovery. Inasmuch as China's sovereignty has been so much impaired by the presence of extraterritoriality and consular jurisdiction, concessions and settlements, leased territories, spheres of interest or influence, the most favored nation treatment as practiced in China, and tariff autonomy as restricted by conventions, the logical policy, next to the policy of preservation, is the policy of recovery, that is, the recovery of rights denied her or wrested from her, to the end that her sovereignty may -be made full and complete.

This policy is indispensable. As long as this régime of servitude lasts, so long will China be regarded, not as an equal, but rather as an inferior, and this will ever remain a source of shame and humiliation. This régime also restricts the full exercise of China's sovereignty and hence obstructs her fullest development. Further, it is the duty of every state to keep its sovereignty full and intact, except in so far as it has voluntarily given its assent to certain limitations. Therefore, China owes a solemn duty to herself to recover these rights.

To this policy China seems to have lately committed itself. At the Paris Peace Conference of 1919, through the Chinese Peace Delegation, she announced her claims for the recovery of impaired rights due to her sovereignty. With respect to extraterritoriality and consular jurisdiction, she asked that all the treaty powers would engage to relinquish their extraterritoriality and consular jurisdiction by the end of 1924. With respect to foreign troops and police, she requested

"that all foreign troops and foreign police agencies now present on Chinese territory without legal justification be immediately withdrawn; Arts. VII and IX of the Protocol of September 7, 1901,1 be declared cancelled; and that the legation guards and foreign troops, stationed by virtue of these provisions, be completely withdrawn within the period of one year from the date when a declaration to this effect is made by the Peace Conference." 2

With reference to foreign postoffices and agencies for wireless and telegraphic communication, she asked

"that all foreign postoffices be withdrawn from China on or before January 1, 1921; that no foreign wireless or telegraphic installations be set up on Chinese territory without the express permission of the Chinese Government; and that all such installations as may have already been set up on Chinese territory shall be handed over forthwith to the Chinese Government upon due compensation being given.”:

Relating to concessions and the settlements she requested that they be restored to her by the end of 1924.* Respecting leased territories, she submitted the request that they be restored to her upon her undertaking the obligation of the protection of property-owners therein and the administration of the territories restored."

As regards spheres of influence or interest, she requested that the various powers interested would each for itself make a declaration disclaiming any spheres of influence or interest in China and consent to a revision of the agreements, or notes, or treaties that have conferred, or may be construed to have conferred territorial advantages or preferential rights.

As to tariff autonomy, China made the request that at the end of a definite period she should exercise full and complete autonomy in tariff regulation, but during

the period of transition or probation, she should be permitted to enter into conventions with the treaty powers, so that the tariff conventions should be reciprocal in treatment, and differential in regard to luxuries and necessaries. She also asked that the rates for necessaries should not be less than 12 1-2 per cent, and that "pending the conclusion of such conventions, the present tariff shall be superseded by the end of 1921 by the general tariff which is applied to the trade of non-treaty powers." 7 Relative to the most favored nation treatment, while there was no mention made thereof in the published claims of China, it was reported that China put in a provision for insertion in the Preliminaries of Peace that Germany would engage, as a basis of the new treaty of commerce and general relations, “to relinquish therein on her part the principle of the socalled most favored nation treatment." 8

Besides these claims, which were unsuccessful, the Chinese Government, through its Peace Delegation, submitted provisions for insertion in the Preliminaries of Peace with Germany, most of which tend to illustrate the policy of recovery, and a summary of which follows: 9

"I.

"II.

"III.

"IV.

"V.

"VI.

Termination of treaties between China and Germany by war and the opening of Tsingtao to foreign trade and residence.

New treaty of commerce and general relations
to be based upon the principles of equality and
reciprocity, with Germany relinquishing that
of most favored nation treatment.

Withdrawal from Germany of Protocol of
September 7, 1901.

Cession of German public property in Chinese
territory.

Compensation for losses of Chinese Government and nationals.

Reservation of right of claiming war indemnity.

"VII. Reimbursement of expenses for internment and maintenance of prisoners of war.

"VIII. Restitution of astronomical instruments and other works of art.

"IX.

Engagement to ratify International Opium
Convention of January 23, 1912." 10

Similar articles, with slight changes, were also submitted for insertion in the Treaty of Peace with Austria.

Of all these provisions, only three were incorporated, with some modifications, in the Treaty of Peace with Germany, namely, those relating to the withdrawal from the Protocol of September 7, 1901, the cession of German public property in Chinese territory, and the restitution of astronomical instruments and other works of art. The entire list of articles relating to China appears however as follows:

"Germany renounces in favor of China all benefits and privileges resulting from the provisions of the final protocol signed at Peking on September 7, 1901, and from all annexes, notes, and documents supplementary thereto. She likewise renounces in favor of China any claim to indemnities accruing thereunder subsequent to March 14, 1917 (Art. 128).

"From the coming into force of the present treaty the high contracting parties shall apply, in so far as concerns them respectively;

"1. The Arrangement of August 29, 1902, regarding the New Chinese Customs Tariff;

"2. The Arrangement of September 27, 1905, regarding Whangpoo, and the provisional supplementary Arrangement of September 24, 1912.

"China, however, will no longer be bound to grant to Germany the advantages or privileges which she allowed Germany under these arrangements (Art. 129).

"Subject to the provisions of Section VIII of this Part," Germany cedes to China all the buildings, wharves and pontoons, barracks, forts, arms and muni