THE FINAL PROBLEM:--REMODELLING THE POLITICO-ECONOMIC RELATIONSHIP
BETWEEN CHINA AND THE WORLD
The careful narrative we have made--supported as it is by documents--of
the history of China since the inception of the Republic six years ago
should not fail to awaken profound astonishment among those who are
interested in the spread of good government throughout the world. Even
casual readers will have no difficulty in realizing how many lives have
been lost and how greatly the country has been crippled both owing to
the blind foreign support given to Yuan Shih-kai during four long and
weary years and to the stupid adhesion to exploded ideas, when a little
intelligence and a little generosity and sympathy would have guided the
nation along very different paths. To have to go back, as China was
forced to do in 1916, and begin over again the work which should have
been performed in 1912 is a handicap which only persistent resolution
can overcome; for the nation has been so greatly impoverished that years
must elapse before a complete recovery from the disorders which have
upset the internal balance can be chronicled: and when we add that the
events of the period May-July, 1917, are likely still further to
increase the burden the nation carries, the complicated nature of the
outlook will be readily understood.
Happily foreign opinion has lately taken turn for the better. Whilst the
substitution of a new kind of rule in place of the Yuan Shih-kai régime,
with its thinly disguised Manchuism and its secret worship of fallen
gods, was at first looked upon as a political collapse tinged with
tragedy--most foreigners refusing to believe in an Asiatic Republic--the
masculine decision of the 9th February, 1917, which diplomatically
ranged China definitely on the side of the Liberal Powers, has caused
something of a _volte face_. Until this decision had been made it was
the fashion to declare that China was not only not fit to be a Republic
but that her final dissolution was only a matter of time. Though the
empire disappeared because it had become an impossible rule in the
modern world--being womanish, corrupt, and mediaeval--to the foreign
mind the empire remained the acme of Chinese civilization; and to kill
it meant to lop off the head of the Chinese giant and to leave lying on
the ground nothing but a corpse. It was in vain to insist that this
simile was wrong and that it was precisely because Chinese civilization
had exhausted itself that a new conception of government had to be
called in to renew the vitality of the people. Men, and particularly
diplomats, refused to understand that this embodied the heart and soul
of the controversy, and that the sole mandate for the Republic, as well
as the supreme reason why it had to be upheld if the country was not to
dissolve, has always lain in the fact that it postulates something which
is the very antithesis of the system it has replaced and which should be
wholly successful in a single generation, if courage is shown and the
whip unflinchingly used.
The chief trouble, in the opinion of the writer, has been the simplicity
of the problem and not its complexity. By eliminating the glamour which
surrounded the Throne, and by kicking away all the pomp and circumstance
which formed the age-old ritual of government, the glaring simplicity
and _barrenness_ of Chinese life--when contrasted with the complex
West--has been made evident. Bathed in the hard light of modern
realities, the poetic China which Haroun al-Raschid painted in his
Aladdin, and which still lives in the beautiful art of the country, has
vanished for ever and its place has been taken by a China of prose. To
those who have always pictured Asia in terms of poetry this has no doubt
been a very terrible thing--a thing synonymous with political death. And
yet in point of fact the elementary things remain much as they have
always been before, and if they appear to have acquired new meaning it
is simply because they have been moved into the foreground and are no
longer masked by a gaudy superstructure.
For if you eliminate questions of money and suppose for a moment that
the national balance-sheet is entirely in order, China is the old China
although she is stirred by new ideas. Here you have by far the greatest
agricultural community in the world, living just as it has always lived
in the simplest possible manner, and remitting to the cities (of which
there are not ten with half-a-million inhabitants) the increment which
the harvests yield. These cities have made much municipal progress and
developed an independence which is confessedly new. Printing presses
have spread a noisy assertiveness, as well as a very critical and
litigious spirit, which tends to resent and oppose authority.[27] Trade,
although constantly proclaimed to be in a bad way, is steadily growing
as new wants are created and fashions change. An immense amount of new
building has been done, particularly in those regions which the
Revolution of 1911 most devastated. The archaic fiscal system, having
been tumbled into open ruin, has been partially replaced by European
conceptions which are still only half-understood, but which are not
really opposed. The country, although boasting a population which is
only some fifty millions less than the population of the nineteen
countries of Europe, has an army and a police-force so small as to allow
one to say that China is virtually disarmed since there are only 900,000
men with weapons in their hands. Casting about to discover what really
tinges the outlook, that must simply be held to be the long delay the
world has made in extending the same treatment to China as is now
granted to the meanest community of Latin America. It has been almost
entirely this, coupled with the ever-present threat of Japanese
chauvinism, which has given China the appearance of a land that is
hopelessly water-logged, although the National Debt is relatively the
smallest in the world and the people the most industrious and
law-abiding who have ever lived. In such circumstances that ideas of
collapse should have spread so far is simply due to a faulty estimate
of basic considerations.
For we have to remember that in a country in which the thoroughly
English doctrine of _laissez faire_ has been so long practised that it
has become second nature, and in which the philosophic spirit is so
undisputed that the pillars of society are just as much the beggars who
beg as the rich men who support them, influences of a peculiar character
play an immense rôle and can be only very slowly overcome. Passivity has
been so long enthroned that of the Chinese it may be truly said that
they are not so much too proud to fight as too indifferent,--which is
not a fruitful state of affairs. Looking on the world with callous
detachment the masses go their own way, only pausing in their work on
their ancient Festival days which they still celebrate just as they have
always celebrated them since the beginning of their history. The petty
daily activities of a vast legion of people grouped together in this
extraordinary way, and actuated by impulses which seem sharply to
conflict with the impulses of the other great races of the world, appear
incredible to Westerners who know what the outer perils really are, and
who believe that China is not only at bay but encircled--caught in a
network of political agreements and commitments which have permanently
destroyed her power of initiative and reduced her to inanition. To find
her lumbering on undisturbed, ploughing the fields, marrying and giving
in marriage, buying, selling, cursing and laughing, carrying out
rebellions and little plots as though the centuries that stretch ahead
were still her willing slaves, has in the end become to onlookers a
veritable nightmare. Puzzled by a phenomenon which is so disconcerting
as to be incapable of any clear definition, they have ended by declaring
that an empty Treasury is an empty rule, adding that as it is solely
from this monetary viewpoint that the New China ought to be judged,
their opinion is the one which will finally be accepted as
authoritative. The situation is admittedly dangerous; and it is
imperative that a speedy remedy be sought; for the heirs and assigns of
an estate which has been mismanaged to the brink of bankruptcy must
secure at all costs that no public receivership is made.
What is the remedy? That must consist simply enough in attacking the
grand simplicities directly; in recognizing, as we have clearly shown,
that the bases of Chinese life having collapsed through Euro-Japanese
pressure, the politico-economic relationship between the Republic and
the world must be remodelled at the earliest possible opportunity, every
agreement which has been made since the Treaties of 1860 being carefully
and completely revised.[28]
To say this is to give utterance to nothing very new or brilliant: it is
the thought which has been present in everyone's mind for a number of
years. So far back as 1902, when Great Britain negotiated with China the
inoperative Mackay Commercial Treaty, provision was not only made for a
complete reform of the Tariff--import duties to be made two and a
half times as large in return for a complete abolition of _likin_
or inter-provincial trade-taxation--but for the abolition of
extraterritoriality when China should have erected a modern and efficient
judicial system. And although matters equally important, such as the
funding of all Chinese indemnities and loans into one Consolidated Debt,
as well as the withdrawal of the right of foreign banks to make banknote
issues in China, were not touched upon, the same principles would
undoubtedly have been applied in these instances, as being conducive to
the re-establishment of Chinese autonomy, had Chinese negotiators been
clever enough to urge them as being of equal importance to the older
issues. For it is primarily debt, and the manipulation of debt, which is
the great enemy.
Three groups of indebtedness and three groups of restrictions,
corresponding with the three vital periods in Chinese history, lie
to-day like three great weights on the body of the Chinese giant. First,
there is the imbroglio of the Japanese war of 1894-5; second, the
settlement following the Boxer explosion of 1900; and third, the cost of
the revolution of 1911-1912. We have already discussed so exhaustively
the Boxer Settlement and the finance of the Revolutionary period that it
is necessary to deal with the first period only.
In that first period China, having been rudely handled by Japan,
recovered herself only by indulging in the sort of diplomacy which had
become traditional under the Manchus. Thankful for any help in her
distress, she invited and welcomed the intervention of Russia, which
gave her back the Liaotung Peninsula and preserved for her the shadow of
her power when the substance had already been so sensationally lost. Men
are apt to forget to-day that the financial accommodation which allowed
China to liquidate the Japanese war-debt was a remarkable transaction in
which Russia formed the controlling element. In 1895 the Tsar's
Government had intervened for precisely the same motives that animate
every State at critical times in history, that is, for reasons of
self-interest. The rapid victory which Japan had won had revived in an
acute form the whole question of the future of the vast block of
territory which lies south of the Amur regions and is bathed by the
Yellow Sea. Russian statesmen suddenly became conscious that the policy
of which Muravieff-Amurski in the middle of the nineteenth century had
been the most brilliant exponent--the policy of reaching "warm
water"--was in danger of being crucified, and the work of many years
thrown away. Action on Russia's part was imperative; she was great
enough to see that; and so that it should not be said that she was
merely depriving a gallant nation of the fruits of victory and thereby
issuing to her a direct challenge, she invited the chief Powers in
Treaty relations with China to co-operate with her in readjusting what
she described as the threatened balance. France and Germany responded to
that invitation; England demurred. France did so because she was already
the devoted Ally of a nation that was a guarantee for the security of
her European frontiers: Germany because she was anxious to see that
Russia should be pushed into Asiatic commitments and drawn away from the
problems of the Near East. England on her part very prudently declined
to be associated with a transaction which, while not opposed to her
interests, was filled with many dubious elements.
It was in Petrograd that this account was liquidated. The extraordinary
chapter which only closed with the disastrous Peace of Portsmouth opened
for Russia in a very brilliant way. The presence in Moscow of the
veteran statesman Li Hung-chang on the occasion of the Tsar's Coronation
afforded an opportunity for exhaustively discussing the whole problem of
the Far East. China required money: Russia required the acceptance of
plans which ultimately proved so disastrous to her. Under Article IV of
the Treaty of Shimonoseki (April, 1895) China had agreed to pay Japan as
a war-indemnity 200 million Treasury taels in eight instalments: that is
50 million taels within six months, a further 50 millions within twelve
months, and the remaining 100 millions in six equal instalments spread
over seven years, as well as an additional sum of 50 millions for the
retrocession of the Liaotung Peninsula.
China, therefore, needed at once 80 million taels. Russia undertook to
lend her at the phenomenally low rate of 4 per cent. the sum of
£16,000,000 sterling--the interest and capital of which the Tsar's
Government guaranteed to the French bankers undertaking the flotation.
In return for this accommodation, the well known Russo-Chinese
Declaration of the 24th June (6th July), 1895, was made in which the
vital article IX states that--"In consideration of this Loan the Chinese
Government declares that it will not grant to any foreign Power any
right or privilege of no matter what description touching the control or
administration of the revenues of the Chinese Empire. Should, however,
the Chinese Government grant to any foreign Power rights of this nature,
it is understood that the mere fact of having done so will extend those
rights to the Russian Government."
This clause has a monumental significance: it started the scramble in
China: and all the history of the past 22 years is piled like a pyramid
on top of it. Now that the Romanoffs have been hurled from the throne,
Russia must prove eager to reverse the policy which brought Japan to her
Siberian frontiers and which pinned a brother democracy to the ground.
For China, instead of being nearly bankrupt as so many have asserted,
has, thanks to the new scale of indebtedness which the war has
established, become one of the most debt-free countries in the world,
her entire national debt (exclusive of railway debt) amounting to less
than 150 millions sterling, or seven shillings per head of population,
which is certainly not very terrible. No student who has given due
attention to the question can deny that it is primarily on the proper
handling of this nexus of financial interests, and not by establishing
any artificial balance of power between foreign nations, that the peace
of the Far East really hinges. The method of securing national
redemption is ready-made: Western nations should use the Parliament of
China as an instrument of reform, and by limiting themselves to this one
method secure that civil authority is reinforced to such a point that
its behests have behind them all the wealth of the West. In questions of
currency, taxation, railways and every other vexatious problem, it is
solely by using this instrument that satisfactory results can be
attained.[29] For once Chinese realize that parliamentary government is
not merely an experimental thing but the last chance the country is to
be given to govern itself, they will rally to the call and prove that
much of the trouble and turmoil of past years has been due to the
misunderstanding of the internal problem by Western minds which has
incited the population to intrigue against one another and remain
disunited. And if we insist that there is urgent need for a settlement
of these matters in the terms we have indicated, it is because we know
very precisely what Japanese thought on this subject really is.
What is that thought--whither does it lead?
It may be broadly said that Japanese activities throughout the Far East
are based on a thorough and adequate appreciation of the fact that apart
from the winning of the hegemony of China, there is the far more
difficult and knotty problem of overshadowing and ultimately dislodging
the huge network of foreign interests--particularly British
interests--which seventy-five years of Treaty intercourse have entwined
about the country. These interests, growing out of the seed planted in
the early Canton Factory days, had their origin in the termination by
the act of the British Government of the trading monopoly enjoyed until
the thirties of last century by the East India Company. Left without
proper definition until the Treaty of Nanking in 1842 had formally won
the principle of trading-rights at five open ports, and thus established
a first basis of agreement between England and China (to which all the
trading powers hastened to subscribe), these interests expanded in a
half-hearted way until 1860, when in order to terminate friction, the
principle of extraterritoriality was boldly borrowed from the Turkish
Capitulations, and made the rock on which the entire fabric of
international dealings in China was based. These treaties, with their
always-recurring "most-favoured nation" clause, and their implication of
equal treatment for all Powers alike, constitute the Public Law of the
Far East, just as much as the Treaties between the Nations constitute
the Public Law of Europe; and any attempt to destroy, cripple, or limit
their scope and function has been very generally deemed an assault on
all the High Contracting Parties alike. By a thoroughly Machiavellian
piece of reasoning, those who have been responsible for the framing of
recent Japanese policy, have held it essential to their plan to keep the
world chained to the principle of extraterritoriality and Chinese Tariff
and economic subjection because these things, imposing as they
necessarily do restrictions and limitations in many fields, leave it
free to the Japanese to place themselves outside and beyond these
restrictions and limitations; and, by means of special zones and secret
encroachments, to extend their influence so widely that ultimately
foreign treaty-ports and foreign interests may be left isolated and at
the mercy of the "Higher machinery" which their hegemony is installing.
The Chinese themselves, it is hoped, will be gradually cajoled into
acquiescing in this very extraordinary state of affairs, because being
unorganized and split into suspicious groups, they can be manipulated in
such a way as to offer no effective mass resistance to the Japanese
advance, and in the end may be induced to accept it as inevitable.
If the reader keeps these great facts carefully in mind a new light will
dawn on him and the urgency of the Chinese question will be disclosed.
The Japanese Demands of 1915, instead of being fantastic and
far-fetched, as many have supposed, are shown to be very intelligently
drawn-up, the entire Treaty position in China having been most
exhaustively studied, and every loophole into the vast region left
untouched by the ex-territorialized Powers marked down for invasion. For
Western nations, in spite of exorbitant demands at certain periods in
Chinese history, having mainly limited themselves to acquiring coastal
and communication privileges, which were desired more for genuine
purposes of trade than for encompassing the destruction of Chinese
autonomy, are to-day in a disadvantageous position which the Japanese
have shown they thoroughly understand by not only tightening their hold
on Manchuria and Shantung, but by going straight to the root of the
matter and declaring on every possible occasion that they alone are
responsible for the peace and safety of the Far East--and this in spite
of the fact that their plan of 1915 was exposed and partially
frustrated. But the chief force behind the Japanese Foreign Office, it
should be noted, is militarist; and it is a point of honour for the
Military Party to return to the charge in China again and again until
there is definite success or definite failure.
Now in view of the facts which have been so voluminously set forth in
preceding chapters, it is imperative for men to realize that the
struggle in the Far East is like the Balkan Question a thing rooted in
geography and peoples, and cannot be brushed aside or settled by
compromises. The whole future of Chinese civilization is intimately
bound up with the questions involved, and the problem instead of
becoming easier to handle must become essentially more difficult from
day to day. Japan's real objective being the termination of the implied
trusteeship which Europe and America still exercise in the Far East, the
course of the European war must intimately effect the ultimate outcome.
If that end is satisfactory for democracies, China may reasonably claim
to share in the resulting benefits; if on the other hand the Liberal
Powers do not win an overwhelming victory which shall secure the
sanctity of Treaties for all time, it will go hard for China. Outwardly,
the immediate goal which Japan seeks to attain is merely to become the
accredited spokesman of Eastern Asia, the official representative; and,
using this attorneyship as a cloak for the advancement of objects which
other Powers would pursue on different principles, so impregnably to
entrench herself where she has no business to be that no one will dare
to attempt to turn her out. For this reason we see revived in Manchuria
on a modified scale the Eighteenth Century device, once so essential a
feature of Dutch policy in the struggle against Louis XIV, namely the
creation of "barrier-cities" for closing and securing a frontier by
giving them a special constitution which withdraws them from ordinary
jurisdiction and places foreign garrisons in them. This is precisely
what is going on from the Yalu to Eastern Mongolia, and this procedure
no doubt will be extended in time to other regions as opportunities
arise. Already in Shantung the same policy is being pursued and there
are indications that it is being thought of in Fuhkien; whilst the
infantry garrison which was quietly installed at Hankow--600 miles up
the Yangtsze river--at the time of the Revolution of 1911 is apparently
to be made permanent. Allowing her policy to be swayed by men who know
far too little of the sea, Japan stands in imminent danger of forgetting
the great lesson which Mahan taught, that for island-peoples sea-power
is everything and that land conquests which diminish the efficacy of
that power are merely a delusion and snare. Plunging farther and farther
into the vast regions of Manchuria and Mongolia which have been the
graves of a dozen dynasties, Japan is displaying increasing indifference
for the one great lesson which the war has yielded--the overwhelming
importance of the sea.[30] Necessarily guardian of the principles on
which intercourse in Asia is based, because she framed those principles
and fought for them and has built up great edifices under their
sanction, British sea-power--now allied for ever, let us hope, with
American power--nevertheless remains and will continue to remain, in
spite of what may be half-surreptitiously done to-day, the dominant
factor in the Far East as it is in the Far West. Withdrawn from view for
the time being, because of the exigencies of the hour and because the
Anglo-Japanese Alliance is still counted a binding agreement, Western
sea-power nevertheless stands there, a heavy cloud in the offing, full
of questionings regarding what is going on in the Orient, and fully
determined, let us pray, one day to receive frank answers. For the right
of every race, no matter how small or weak, to enjoy the inestimable
benefits of self-government and independence may be held to have been so
absolutely established that it is a mere question of time for the
doctrine not only to be universally accepted but to be universally
applied. In many cases, it is true, the claims of certain races are as
yet incapable of being expressed in practical state-forms; but where
nationalities have long been well-defined, there can be no question
whatsoever that a properly articulated autonomy must be secured in such
a way as to preclude the possibility of annexations.
Now although in their consideration of Asia it is notorious that Western
statesmen have not cared to keep in mind political concepts which have
become enthroned in Europe, owing to the fact that an active element of
opposition to such concepts was to be found in their own policies, a
vast change has undoubtedly been recently worked, making it certain
that the claims of nationalism are soon to be given the same force and
value in the East as in the West. But before there can be any question
of Asia for the Asiatics being adopted as a root principle by the whole
world, it will have to be established in some unmistakable form that the
surrender of the policy of conquest which Europe has pursued for four
centuries East of the Suez Canal will not lead to its adoption by an
Asiatic Power under specious forms which hide the glittering sword. If
that can be secured, then the present conflict will have truly been a
War of Liberation for the East as well as for the West. For although
Japan has been engaged for some years in declaring to all Asiatics under
her breath that she holds out the hand of a brother to them, and dreams
of the days when the age of European conquests will be nothing but a
distant memory, her actions have consistently belied her words and shown
that she has not progressed in political thought much beyond the crude
conceptions of the Eighteenth Century. Thus Korea, which fell under her
sway because the nominal independence of the country had long made it
the centre of disastrous international intrigues, is governed to-day as
a conquered province by a military viceroy without a trace of autonomy
remaining and without any promise that such a régime is only temporary.
Although nothing in the undertakings made with the Powers has ever
admitted that a nation which boasts of an ancient line of kings, and
which gave Japan much of her own civilization, should be stamped under
foot in such manner, the course which politics have taken in Korea has
been disastrous in the extreme ever since Lord Lansdowne in 1905, as
British Secretary for Foreign Affairs, pointed out in a careful dispatch
to the Russian Government that Korea was a region which fell naturally
under the sway of Japan. Not only has a tragic fate overcome the sixteen
million inhabitants of that country, but there has been a covert
extension of the principles applied to them to the people of China.
Now if as we say European concepts are to have universal meaning, and if
Japan desires European treatment, it is time that it is realized that
the policy followed in Korea, combined with the attempt to extend that
treatment to soil where China rightly claims undisputed sovereignty,
forms an insuperable barrier to Japan being admitted to the inner
council of the nations.[31] No one wishes to deny to Japan her proper
place in the world, in view of her marvellous industrial progress, but
that place must be one which fits in with modern conceptions and is not
one thing to the West and another to the East. Even the saying which was
made so much of during the Russian war of 1904, that Korea in foreign
hands was a dagger pointed at the heart of Japan--has been shown to be
inherently false by the lessons of the present struggle, the Korean
dagger-point being 120 sea miles from the Japanese coast. Such arguments
clearly show that if the truce which was hastily patched up in 1905 is
to give way to a permanent peace, that can be evolved only by locking on
to the Far East the principles which are in process of being vindicated
in Europe. In other words, precisely as Poland is to be given autonomy,
so must Korea enjoy the same privileges, the whole Japanese theory of
suzerainty on the Eastern Asiatic Continent being abandoned. To
re-establish a proper balance of power in the Far East, the Korean
nation, which has had a known historical existence of 1,500 years, must
be reinstated in something resembling its old position; for Korea has
always been the keystone of the Far Eastern arch, and it is the
destruction of that arch more than anything else which has brought the
collapse of China so perilously near.
Once the legitimate aspirations of the Korean people have been
satisfied, the whole Manchurian-Mongolian question will assume a
different aspect, and a true peace between China and Japan will be made
possible. It is to no one's interest to have a Polish question in the
Far East with all the bitterness and the crimes which such a question
must inevitably lead to; and the time to obviate the creation of such a
question is at the very beginning before it has become an obsession and
a great international issue. Although the Japanese annexation may be
held to have settled the question once and for all, we have but to point
to Poland to show that a race can pass through every possible
humiliation and endure every possible species of truncation without
dying or abating by one whit its determination to enjoy what happier
races have won.
The issue is a vital one. China by her recent acts has given a
categorical and unmistakable reply to all the insidious attempts to
place her outside and beyond the operation of international law and all
those sanctions which make life worth living; and because of the formal
birth of a Foreign Policy it can be definitely expected that this
nation, despite its internal troubles and struggles, will never rest
content until she has created a new nexus of world-relationships which
shall affirm and apply every one of the principles experience elsewhere
has proved are the absolute essentials to peace and happiness. China is
already many decades ahead of Japan in her theory of government, no
matter what the practice may be, the marvellous revolution of 1911
having given back to this ancient race its old position of leader in
ideas on the shores of the Yellow Sea. The whole dream Japan has
cherished, and has sought to give form to during the war, is in the last
analysis antiquated and forlorn and must ultimately dissolve into thin
air; for it is monstrous to suppose, in an age when European men have
sacrificed everything to free themselves from the last vestiges of
feudalism, that in the Far East the cult of Sparta should remain a
hallowed and respected doctrine. Japan's policy in the Far East during
the period of the war has been uniformly mischievous and is largely
responsible for the fierce hatreds which burst out in 1917 over the war
issue; and China will be forced to raise at the earliest possible moment
the whole question of the validity of the undertakings extorted from her
in 1915 under the threat of an ultimatum. Although the precise nature
of Anglo-Japanese diplomacy during the vital eleven days from the 4th to
the 15th August, 1914 [_i.e._ from the British declaration of war on
Germany to the Japanese ultimatum regarding Kiaochow] remains a sealed
book, China suspects that Japan from the very beginning of the present
war world-struggle has taken advantage of England's vast commitments and
acted _ultra vires_. China hopes and believes that Britain will never
again renew the Japanese alliance, which expires in 1921, in its present
form, particularly now that an Anglo-American agreement has been made
possible. China knows that in spite of all coquetting with both the
extreme radical and military parties which is going on daily in Peking
and the provinces the secret object of Japanese diplomacy is either the
restoration of the Manchu dynasty, or the enthronement of some pliant
usurper, a puppet-Emperor being what is needed to repeat in China the
history of Korea. Japan would be willing to go to any lengths to secure
the attainment of this reactionary object. Faithful to her "divine
mission," she is ceaselessly stirring up trouble and hoping that time
may still be left her to consolidate her position on the Asiatic
mainland, one of her latest methods being to busy herself at distant
points in the Pacific so that Western men for the sake of peace may be
ultimately willing to abandon the shores of the Yellow Seas to her
unchallenged mastery.
The problem thus outlined becomes a great dramatic thing. The lines
which trace the problem are immense, stretching from China to every
shore bathed by the Pacific and then from there to the distant west.
Whenever there is a dull calm, that calm must be treated solely as an
intermission, an interval between the acts, a preparation for something
more sensational than the last episode, but not as a permanent
settlement which can only come by the methods we have indicated. For the
Chinese question is no longer a local problem, but a great world-issue
which statesmen must regulate by conferences in which universal
principles will be vindicated if they wish permanently to eliminate what
is almost the last remaining international powder-magazine. A China that
is henceforth not only admitted to the family of nations on terms of
equality but welcomed as a representative of Liberalism and a subscriber
to all those sanctions on which the civilization of peace rests, will
directly tend to adjust every other Asiatic problem and to prevent a
recrudescence of those evil phenomena which are the enemies of progress
and happiness. Is it too much to dream of such a consummation? We think
not. It is to America and to England that China looks to rehabilitate
herself and to make her Republic a reality. If they lend her their help,
if they are consistent, there is still no reason why this democracy on
the shores of the Yellow Sea should not be reinstated in the proud
position it occupied twenty centuries ago, when it furnished the very
silks which clothed the daughters of the Caesars.
FOOTNOTES:
[27] The growth of the Chinese press is remarkable. Although no complete
statistics are available there is reason to believe that the number of
periodicals in China now approximates 10,000, the daily vernacular
newspapers in Peking alone exceeding 60. Although no newspaper in China
prints more than 20,000 copies a day, the reading public is growing at a
phenomenal rate, it being estimated that at least 50 million people read
the daily publications, or hear what they say,--a fact which is deemed
so politically important that all political parties and groups have
their chains of organs throughout the country.
[28] The mediaeval condition of Chinese trade taxation is well
illustrated by a Memorandum which the reader will find in the appendix.
One example may be quoted. Timber shipped from the Yalu river, _i.e._
from Chinese territory, to Peking, pays duties at _five_ different
places, the total amount of which aggregates 20 per cent. of its market
value; whilst timber from America, with transit dues and Peking Octroi
added, only pays 10 per cent.! China is probably the only country that
has ever existed that discriminates against its own goods and gives
preference to the foreigner,--through the operation of the Treaties.
[29] We need only give a single example of what we mean. If, in the
matter of the reform of the currency, instead of authorizing
trade-agencies, _i.e._ the foreign Exchange Banks, to make a loan to
China, which is necessarily hedged round with conditions favourable to
such trade-agencies, the Powers took the matter directly in their own
hands; and selecting the Bank of China--the national fiscal agent--as
the instrument of reform agreed to advance all the sums necessary,
_provided_ a Banking Law was passed by the Parliament of China of a
satisfying nature, and the necessary guarantees were forthcoming, it
would soon be possible to have a uniform National Currency which would
be everywhere accepted and lead to a phenomenal trade expansion. It
should be noted that China is still on a Copper Standard basis,--the
people's buying and selling being conducted in multiples of copper
cent-pieces of which there has been an immense over-issue, the latest
figures showing that there are no less than 22,000,000,000 1-cent, ten
cash pieces in circulation or 62 coins per head of population--roughly
twenty-five millions sterling in value,--or 160,000 tons of copper! The
number of silver dollars and subsidiary silver coins is not accurately
known,--nor is the value of the silver bullion; but it certainly cannot
greatly exceed this sum. In addition there is about £15,000,000 of paper
money. A comprehensive scheme of reform, placed in the hands of the Bank
of China, would require at least £15,000,000; but this sum would be
sufficient to modernize the currency and establish a universal silver
dollar standard.
The Bank of China requires at least 600 branches throughout the country
to become a true fiscal agent. It has to-day one-tenth of this number.
[30] It should be carefully noted that not only has Japan no unfriendly
feelings for Germany but that German Professors have been appointed to
office during the war. In the matter of enemy trading Japan's policy has
been even more extraordinary. Until there was a popular outcry among the
Entente Allies, German merchants were allowed to trade more or less as
usual. They were not denied the use of Japanese steamers, shipping
companies being simply "advised" not to deal with them, the two German
banks in Yokohama and Kobe being closed only in the Autumn of 1916. It
was not until April, 1917, that Enemy Trading Regulations were formally
promulgated and enforced,--that is when the war was very far
advanced--the action of China against Germany being no doubt largely
responsible for this step.
That the Japanese nation greatly admires the German system of government
and is in the main indifferent to the results of the war has long been
evident to observers on the spot.
[31] A very remarkable confirmation of these statements is afforded in
the latest Japanese decision regarding Manchuria which will be
immediately enforced. The experience of the past three years having
proved conclusively that the Chinese, in spite of their internal strife,
are united to a man in their determination to prevent Japan from
tightening her hold on Manchuria and instituting an open Protectorate,
the Tokio Government has now drawn up a subtle scheme which it is
believed will be effective. A Bill for the unification of administration
in South Manchuria has passed the Japanese Cabinet Conference and will
soon be formally promulgated. Under the provisions of this Bill, the
Manchuria Railway Company will become the actual organ of Japanese
administration in South Manchuria; the Japanese Consular Service will be
subordinate to the administration of the Railway; and all the powers
hitherto vested in the Consular Service, political, commercial, judicial
and administrative, will be made part of the organization of the South
Manchuria Railway. This is not all. From another Japanese source we
learn that a law is about to take effect by which the administration of
the South Manchuria Railway will be transferred directly to the control
of the Government-General of Korea, thus making the Railway at once an
apparently commercial but really political organization. In future the
revenues of the South Manchuria Railway are to be paid direct to the
Government-General of Korea; and the yearly appropriation for the upkeep
and administration of the Railway is to be fixed at Yen 12,000,000.
These arrangements, especially the amalgamation of the South Manchuria
Railway, are to take effect from the 1st July, 1917, and are an attempt
to do in the dark what Japan dares not yet attempt in the open.
APPENDIX
DOCUMENTS IN GROUP I
(1) The so-called Nineteen Articles, being the grant made by the Throne
after the outbreak of the Wuchang Rebellion in 1911 in a vain attempt to
satisfy the nation.
(2) The Abdication Edicts issued on the 12th February, 1912, endorsing
the establishment of the Republic.
(3) The terms of abdication, generally referred to as "The articles of
Favourable Treatment," in which special provision is made for the
"rights" of Manchus, Mongols, Mohammedans and Tibetans, who are
considered as being outside the Chinese nation.
THE NINETEEN ARTICLES
1. The Ta-Ching Dynasty shall reign for ever.
2. The person of the Emperor shall be inviolable.
3. The power of the Emperor shall be limited by a Constitution.
4. The order of the succession shall be prescribed in the Constitution.
5. The Constitution shall be drawn up and adopted by the National
Assembly, and promulgated by the Emperor.
6. The power of amending the Constitution belongs to Parliament.
7. The members of the Upper House shall be elected by the people from
among those particularly eligible for the position.
8. Parliament shall select, and the Emperor shall appoint, the Premier,
who will recommend the other members of the Cabinet, these also being
appointed by the Emperor. The Imperial Princes shall be ineligible as
Premier, Cabinet Ministers, or administrative heads of provinces.
9. If the Premier, on being impeached by Parliament, does not dissolve
Parliament he must resign but one Cabinet shall not be allowed to
dissolve Parliament more than once.
10. The Emperor shall assume direct control of the army and navy, but
when that power is used with regard to internal affairs, he must observe
special conditions, to be decided upon by Parliament, otherwise he is
prohibited from exercising such power.
11. Imperial decrees cannot be made to replace the law except in the
event of immediate necessity in which case decrees in the nature of a
law may be issued in accordance with special conditions, but only when
they are in connection with the execution of a law or what has by law
been delegated.
12. International treaties shall not be concluded without the consent
of Parliament, but the conclusion of peace or a declaration of war may
be made by the Emperor if Parliament is not sitting, the approval of
Parliament to be obtained afterwards.
13. Ordinances in connection with the administration shall be settled by
Acts of Parliament.
14. In case the Budget fails to receive the approval of Parliament the
Government cannot act upon the previous year's Budget, nor may items of
expenditure not provided for in the Budget be appended to it. Further,
the Government shall not be allowed to adopt extraordinary financial
measures outside the Budget.
15. Parliament shall fix the expenses of the Imperial household, and any
increase or decrease therein.
16. Regulations in connection with the Imperial family must not conflict
with the Constitution.
17. The two Houses shall establish the machinery of an administrative
court.
18. The Emperor shall promulgate the decisions of Parliament.
19. The National Assembly shall act upon Articles 8, 9, 10, 12, 13, 14,
15 and 18 until the opening of Parliament.
EDICTS OF ABDICATION
I
We (the Emperor) have respectfully received the following Imperial Edict
from Her Imperial Majesty the Empress Dowager Lung Yu:--
As a consequence of the uprising of the Republican Army, to which the
different provinces immediately responded, the Empire seethed like a
boiling cauldron and the people were plunged into utter misery. Yuan
Shih-kai was, therefore, especially commanded some time ago to dispatch
commissioners to confer with the representatives of the Republican Army
on the general situation and to discuss matters pertaining to the
convening of a National Assembly for the decision of the suitable mode
of settlement. Separated as the South and the North are by great
distances, the unwillingness of either side to yield to the other can
result only in the continued interruption of trade and the prolongation
of hostilities, for, so long as the form of government is undecided, the
Nation can have no peace. It is now evident that the hearts of the
majority of the people are in favour of a republican form of government:
the provinces of the South were the first to espouse the cause, and the
generals of the North have since pledged their support. From the
preference of the people's hearts, the Will of Heaven can be discerned.
How could We then bear to oppose the will of the millions for the glory
of one Family! Therefore, observing the tendencies of the age on the one
hand and studying the opinions of the people on the other, We and His
Majesty the Emperor hereby vest the sovereignty in the People and decide
in favour of a republican form of constitutional government. Thus we
would gratify on the one hand the desires of the whole nation who, tired
of anarchy, are desirous of peace, and on the other hand would follow in
the footsteps of the Ancient Sages, who regarded the Throne as the
sacred trust of the Nation.
Now Yuan Shih-kai was elected by the Tucheng-yuan to be the Premier.
During this period of transference of government from the old to the
new, there should be some means of uniting the South and the North. Let
Yuan Shih-kai organize with full powers a provisional republican
government and confer with the Republican Army as to the methods of
union, thus assuring peace to the people and tranquillity to the Empire,
and forming the one Great Republic of China by the union as heretofore,
of the five peoples, namely, Manchus, Chinese, Mongols, Mohammedans, and
Tibetans together with their territory in its integrity. We and His
Majesty the Emperor, thus enabled to live in retirement, free from
responsibilities, and cares and passing the time in ease and comfort,
shall enjoy without interruption the courteous treatment of the Nation
and see with Our own eyes the consummation of an illustrious government.
Is not this highly advisable?
Bearing the Imperial Seal and Signed by
Yuan Shih-kai, the Premier;
Hoo Wei-teh, Acting Minister of Foreign Affairs;
Chao Ping-chun, Minister of the Interior;
Tan Hsuen-heng, Acting Minister of Navy;
Hsi Yen, Acting Minister of Agriculture, Works and Commerce;
Liang Shih-yi, Acting Minister of Communications;
Ta Shou, Acting Minister of the Dependencies.
25th day of the 12th moon of the 3rd year of Hsuan Tung.
II
We have respectfully received the following Imperial Edict from Her
Imperial Majesty the Empress Dowager Lung Yu:--
On account of the perilous situation of the State and the intense
sufferings of the people, We some time ago commanded the Cabinet to
negotiate with the Republican Army the terms for the courteous treatment
of the Imperial House, with a view to a peaceful settlement. According
to the memorial now submitted to Us by the Cabinet embodying the
articles of courteous treatment proposed by the Republican Army, they
undertake to hold themselves responsible for the perpetual offering of
sacrifices before the Imperial Ancestral Temples and the Imperial
Mausolea and the completion as planned of the Mausoleum of His Late
Majesty the Emperor Kuang Hsu. His Majesty the Emperor is understood to
resign only his political power, while the Imperial Title is not
abolished. There have also been concluded eight articles for the
courteous treatment of the Imperial House, four articles for the
favourable treatment of Manchus, Mongols, Mohammedans, and Tibetans. We
find the terms of perusal to be fairly comprehensive. We hereby proclaim
to the Imperial Kinsmen and the Manchus, Mongols, Mohammedans, and
Tibetans that they should endeavour in the future to fuse and remove
all racial differences and prejudices and maintain law and order with
united efforts. It is our sincere hope that peace will once more be seen
in the country and all the people will enjoy happiness under a
republican government.
Bearing the Imperial Seal and Signed by
Yuan Shih-kai, the Premier;
Hoo Wei-teh, Acting Minister of Foreign Affairs;
Chao Ping-chun, Minister of the Interior;
Tan Hsuen-heng, Acting Minister of the Navy;
Hsi Yen, Acting Minister of Agriculture, Works and Commerce;
Liang Shih-yi, Acting Minister of Communications;
Ta Shou, Acting Minister of the Dependencies.
25th day of the 12th moon of the 3rd year of Hsuan Tung.
III
We have respectfully received the following Edict from Her Imperial
Majesty the Empress Dowager Lung Yu:--
In ancient times the ruler of a country emphasized the important duty of
protecting the lives of his people, and as their shepherd could not have
the heart to cause them injury. Now the newly established form of
government has for its sole object the appeasement of the present
disorder with a view to the restoration of peace. If, however, renewed
warfare were to be indefinitely maintained, by disregarding the opinion
of the majority of the people, the general condition of the country
might be irretrievably ruined, and there might follow mutual slaughter
among the people, resulting in the horrible effects of a racial war. As
a consequence, the spirits of Our Imperial Ancestors might be greatly
disturbed and millions of people might be terrorized. The evil
consequences cannot be described. Between the two evils, We have adopted
the lesser one. Such is the motive of the Throne in modelling its policy
in accordance with the progress of time, the change of circumstances,
and the earnest desires of Our People. Our Ministers and subjects both
in and out of the Metropolis should, in conformity with Our idea,
consider most carefully the public weal and should not cause the country
and the people to suffer from the evil consequences of a stubborn pride
and of prejudiced opinions.
The Ministry of the Interior, the General Commandant of the Gendarmerie,
Chiang Kuei-ti, and Feng Kuo-chang, are ordered to take strict
precautions, and to make explanations to the peoples so clearly and
precisely as to enable every and all of them to understand the wish of
the Throne to abide by the ordinance of heaven, to meet the public
opinion of the people and to be just and unselfish.
The institution of the different offices by the State has been for the
welfare of the people, and the Cabinet, the various Ministries in the
Capital, the Vice-royalties, Governorships, Commissionerships, and
Taotaiships, have therefore been established for the safe protection of
the people, and not for the benefit of one man or of one family.
Metropolitan and Provincial officials of all grades should ponder over
the present difficulties and carefully perform their duties. We hereby
hold it the duty of the senior officials earnestly to advise and warn
their subordinates not to shirk their responsibilities, in order to
conform with Our original sincere intention to love and to take care of
Our people.
Bearing the Imperial Seal and Signed by
Yuan Shih-kai, the Premier;
Hoo Wei-teh, Minister of Foreign Affairs;
Chao Ping-chun, Minister of the Interior;
Tan Hsuen-heng, Acting Minister of the Navy;
Hsi Yen, Acting Minister of Agriculture, Works and Commerce;
Liang Shih-yi, Acting Minister of Communications;
Ta Shou, Acting Minister of the Dependencies.
25th day of the 12th moon of the 3rd year of Hsuan Tung.
TERMS OF ABDICATION
N.B. These terms are generally referred to in China as "The Articles of
Favourable Treatment."
A.--Concerning the Emperor.
The Ta Ching Emperor having proclaimed a republican form of government,
the Republic of China will accord the following treatment to the Emperor
after his resignation and retirement.
Article 1. After abdication the Emperor may retain his title and shall
receive from the Republic of China the respect due to a foreign
sovereign.
Article 2. After the abdication the Throne shall receive from the
Republic of China an annuity of Tls. 4,000,000 until the establishment
of a new currency, when the sum shall be $4,000,000.
Article 3. After abdication the Emperor shall for the present be allowed
to reside in the Imperial Palace, but shall later remove to the Eho
Park, retaining his bodyguards at the same strength as hitherto.
Article 4. After abdication the Emperor shall continue to perform the
religious ritual at the Imperial Ancestral Temples and Mausolea, which
shall be protected by guards provided by the Republic of China.
Article 5. The Mausoleum of the late Emperor not being completed, the
work shall be carried out according to the original plans, and the
services in connection with the removal of the remains of the late
Emperor to the new Mausoleum shall be carried out as originally
arranged, the expense being borne by the Republic of China.
Article 6. All the retinue of the Imperial Household shall be employed
as hitherto, but no more eunuchs shall be appointed.
Article 7. After abdication all the private property of the Emperor
shall be respected and protected by the Republic of China.
Article 8. The Imperial Guards will be retained without change in
members or emolument, but they will be placed under the control of the
Department of War of the Republic of China.
B.--Concerning the Imperial Clansmen.
Article 1. Princes, Dukes and other hereditary nobility shall retain
their titles as hitherto.
Article 2. Imperial Clansmen shall enjoy public and private rights in
the Republic of China on an equality with all other citizens.
Article 3. The private property of the Imperial Clansmen shall be duly
protected.
Article 4. The Imperial Clansmen shall be exempt from military service.
C.--Concerning Manchus, Mongols, Mohammedans and Tibetans.
The Manchus, Mongols, Mohammedans and Tibetans having accepted the
Republic, the following terms are accorded to them:--
Article 1. They shall enjoy full equality with Chinese.
Article 2. They shall enjoy the full protection of their private
property.
Article 3. Princes, Dukes and other hereditary nobility shall retain
their titles as hitherto.
Article 4. Impoverished Princes and Dukes shall be provided with means
of livelihood.
Article 5. Provision for the livelihood of the Eight Banners, shall with
all dispatch be made, but until such provision has been made the pay of
the Eight Banners shall be continued as hitherto.
Article 6. Restrictions regarding trade and residence that have hitherto
been binding on them are abolished, and they shall now be allowed to
reside and settle in any department or district.
Article 7. Manchus, Mongols, Mohammedans and Tibetans shall enjoy
complete religious freedom.
APPENDIX
DOCUMENTS IN GROUP II
(1) The Provisional Constitution passed at Nanking in January, 1912.
(2) The Presidential Election Law passed on the 4th October, 1913, by
the full Parliament, under which Yuan Shih-kai was elected
President,--and now formally incorporated as a separate chapter in the
Permanent Constitution.
(3) The Constitutional Compact, promulgated on 1st May, 1914. This "law"
which was the first result of the _coup d'état_ of 4th November, 1913,
and designed to take the place of the Nanking Constitution is wholly
illegal and disappeared with the death of Yuan Shih-kai.
(4) The Presidential Succession Law.
This instrument, like the Constitutional Compact, was wholly illegal and
drawn up to make Yuan Shih-kai dictator for life.
THE PROVISIONAL CONSTITUTION OF THE REPUBLIC OF CHINA
_Passed at Nanking in 1912, currently referred to as the old Constitution_
CHAPTER I.--GENERAL PROVISIONS
Article 1. The Republic of China is composed of the Chinese people.
Art. 2. The sovereignty of the Chinese Republic is vested in the people.
Art. 3. The territory of the Chinese Republic consists of the 18
provinces, Inner and Outer Mongolia, Tibet and Chinghai.
Art. 4. The sovereignty of the Chinese Republic is exercised by the
National Council, the Provisional President, the Cabinet and the
Judiciary.
CHAPTER II.--CITIZENS
Art. 5. Citizens of the Chinese Republic are all equal, and there shall
be no racial, class or religious distinctions.
Art. 6. Citizens shall enjoy the following rights:--
(a) The person of the citizens shall not be arrested, imprisoned, tried
or punished except in accordance with law.
(b) The habitations of citizens shall not be entered or searched except
in accordance with law.
(c) Citizens shall enjoy the right of the security of their property and
the freedom of trade.
(d) Citizens shall have the freedom of speech, of composition, of
publication, of assembly and of association.
(e) Citizens shall have the right of the secrecy of their letters.
(f) Citizens shall have the liberty of residence and removal.
(g) Citizens shall have the freedom of religion.
Art. 7. Citizens shall have the right to petition the Parliament.
Art. 8. Citizens shall have the right of petitioning the executive
officials.
Art. 9. Citizens shall have the right to institute proceedings before
the Judiciary, and to receive its trial and judgment.
Art. 10. Citizens shall have the right of suing officials in the
Administrative Courts for violation of law or against their rights.
Art. 11. Citizens shall have the right of participating in civil
examinations.
Art. 12. Citizens shall have the right to vote and to be voted for.
Art. 13. Citizens shall have the duty to pay taxes according to law.
Art. 14. Citizens shall have the duty to enlist as soldiers according to
law.
Art. 15. The rights of citizens as provided in the present Chapter shall
be limited or modified by laws, provided such limitation or modification
shall be deemed necessary for the promotion of public welfare, for the
maintenance of public order, or on account of extraordinary exigency.
CHAPTER III.--THE NATIONAL COUNCIL
Art. 16. The legislative power of the Chinese Republic is exercised by
the National Council.
Art. 17. The Council shall be composed of members elected by the several
districts as provided in Article 18.
Art. 18. The Provinces, Inner and Outer Mongolia, and Tibet shall each
elect and depute five members to the Council, and Chinghai shall elect
one member.
The election districts and methods of elections shall be decided by the
localities concerned.
During the meeting of the Council each member shall have one vote.
Art. 19. The National Council shall have the following powers:
(a) To pass all Bills.
(b) To pass the budgets of the Provisional Government.
(c) To pass laws of taxation, of currency, and weights and measures for
the whole country.
(d) To pass measures for the calling of public loans and to conclude
contracts affecting the National Treasury.
(e) To give consent to matters provided in Articles 34, 35 and 40.
(f) To reply to inquiries from, the Provisional Government.
(g) To receive and consider petitions of citizens.
(h) To make suggestions to the Government on legal or other matters.
(i) To introduce interpellations to members of the Cabinet, and to
insist on their being present in the Council in making replies thereto.
(j) To insist on the Government investigating into any alleged bribery
and infringement of laws by officials.
(k) To impeach the Provisional President for high treason by a majority
vote of three-fourths of the quorum consisting of more than four-fifths
of the total number of the members.
(l) To impeach members of the Cabinet for failure to perform their
official duties or for violation of the law by majority votes of
two-thirds of the quorum consisting of over three-fourths of the total
number of the members.
Art. 20. The National Council shall itself convoke, conduct and adjourn
its own meetings.
Art. 21. The meetings of the Advisory Council shall be conducted
publicly, but secret meetings may be held at the suggestion of members
of the Cabinet or by the majority vote of its quorum.
Art. 22. Matters passed by the Advisory Council shall be communicated to
the Provisional President for promulgation and execution.
Art. 23. If the Provisional President should veto matters passed by the
National Council he shall, within ten days after he has received such
resolutions, return the same with stated reasons to the Council for
reconsideration. If by a two-thirds vote of the quorum of the Council,
it shall be dealt with in accordance with Article 22.
Art. 24. The Chairman of the National Council shall be elected by
ballots signed by the voting members and the one receiving more than
one-half of the total number of the votes cast shall be elected.
Art. 25. Members of the National Council shall not, outside the Council,
be responsible for their opinion expressed and votes cast in the
Council.
Art. 26. Members of the Council shall not be arrested without the
permission of the Chairman of the Council except for crimes pertaining
to civil and international warfare.
Art. 27. Procedure of the National Council shall be decided by its own
members.
Art. 28. The National Council shall be dissolved on the day of the
convocation of the National Assembly, and its powers shall be exercised
by the latter.
CHAPTER IV.--THE PROVISIONAL PRESIDENT AND VICE-PRESIDENT
Art. 29. The Provisional President and Vice-President shall be elected
by the National Council, and he who receives two-thirds of the total
number of votes cast by a sitting of the Council consisting of over
three-fourths of the total number of members shall be elected.
Art. 30. The Provisional President represents the Provisional Government
as the fountain of all executive powers and for promulgating all laws.
Art. 31. The Provisional President may issue or cause to be issued
orders for the execution of laws and of powers delegated to him by the
law.
Art. 32. The Provisional President shall be the Commander-in-Chief of
the Army and Navy of the whole of China.
Art. 33. The Provisional President shall ordain and establish the
administrative system and official regulations, but he must first submit
them to the National Council for its approval.
Art. 34. The Provisional President shall appoint and remove civil and
military officials, but in the appointment of Members of the Cabinet,
Ambassadors and Ministers he must have the concurrence of the National
Council.
Art. 35. The Provisional President shall have power, with the
concurrence of the National Council, to declare war and conclude
treaties.
Art. 36. The Provisional President may, in accordance with law, declare
a state of siege.
Art. 37. The Provisional President shall, representing the whole
country, receive Ambassadors and Ministers of foreign countries.
Art. 38. The Provisional President may introduce Bills into the National
Council.
Art. 39. The Provisional President may confer decorations and other
insignia of honour.
Art. 40. The Provisional President may declare general amnesty, grant
special pardon, commute punishment, and restore rights, but in the case
of a general amnesty he must have the concurrence of the National
Council.
Art. 41. In case the Provisional President is impeached by the National
Council he shall be tried by a special Court consisting of nine judges
elected among the justices of the Supreme Court of the realm.
Art. 42. In case the Provisional President vacates his office for
various reasons, or is unable to discharge the powers and duties of the
said office, the Provisional Vice-President shall take his place.
CHAPTER V.--MEMBERS OF THE CABINET
Art. 43. The Premier and the Chiefs of the Government Departments shall
be called Members of the Cabinet (literally, Secretaries of State
Affairs).
Art. 44. Members of the Cabinet shall assist the Provisional President
in assuming responsibilities.
Art. 45. Members of the Cabinet shall countersign all Bills introduced
by the Provisional President, and all laws and orders issued by him.
Art. 46. Members of the Cabinet and their deputies may be present and
speak in the National Council.
Art. 47. Upon members of the Cabinet having been impeached by the
National Council, the Provisional President may remove them from office,
but such removal shall be subject to the reconsideration of the National
Council.
CHAPTER VI.--THE JUDICIARY
Art. 48. The Judiciary shall be composed of those judges appointed by
the Provisional President and the Minister of Justice.
The organization of the Courts and the qualifications of judges shall be
determined by law.
Art. 49. The Judiciary shall try civil and criminal cases, but cases
involving administrative affairs or arising from other particular causes
shall be dealt with according to special laws.
Art. 50. The trial of cases in the law Courts shall be conducted
publicly, but those affecting public safety and order may be _in
camera_.
Art. 51. Judges shall be independent, and shall not be subject to the
interference of higher officials.
Art. 52. Judges during their continuance in office shall not have their
emoluments decreased and shall not be transferred to other offices, nor
shall they be removed from office except when they are convicted of
crimes, or of offences punishable according to law by removal from
office.
Regulations for the punishment of judges shall be determined by law.
CHAPTER VII.--SUPPLEMENTARY ARTICLES
Art. 53. Within ten months after the promulgation of this Provisional
Constitution the Provisional President shall convene a National
Assembly, the organization of which and the laws for the election of
whose members shall be decided by the National Council.
Art. 54. The Constitution of the Republic of China shall be adopted by
the National Assembly, but before the promulgation of the Constitution,
the Provisional Constitution shall be as effective as the Constitution
itself.
Art. 55. The Provisional Constitution may be amended by the assent of
two-thirds of the members of the National Council or upon the
application of the Provisional President and being passed by over
three-fourths of the quorum of the Council consisting of over
four-fifths of the total number of its members.
Art. 56. The present Provisional Constitution shall take effect on the
date of its promulgation, and the fundamental articles for the
organization of the Provisional Government shall cease to be effective
on the same date.
Sealed by
THE NATIONAL COUNCIL.
THE PRESIDENTIAL ELECTION LAW
_Passed October 4 1913, by the National Assembly and promulgated by the
then Provisional President on October 5 of the same year_.
Article 1. A citizen of the Chinese Republic, who is entitled to all the
rights of citizenship, is 40 years or more in age and has resided in
China for not less than ten years, is eligible for election as
President.
Art. 2. The President shall be elected by an Electoral College organized
by the members of the National Assembly of the Chinese Republic.
The said election shall be held by a quorum of two-thirds or more of the
entire membership of the said Electoral College and shall be conducted
by secret ballot. A candidate shall be deemed elected when the number of
votes in his favour shall not be less than three-fourths of the total
number of votes cast at the election. If no candidate secures the
requisite number of votes after two ballotings, a final balloting shall
be held with the two persons, securing the greatest number of votes at
the second balloting, as candidates. The one securing a majority of
votes shall be elected.
Art. 3. The term of office of the President shall be five years; and if
re-elected, he may hold office for one more term.
Three months previous to the expiration of the term, the members of the
National Assembly shall convene and organize by themselves the Electoral
College to elect the President for the next period.
Art. 4. The President on taking office shall make oath as follows:
"I hereby swear that I will most sincerely obey the constitution and
faithfully discharge the duties of the President."
Art. 5. Should the post of the President become vacant, the
Vice-President shall succeed to the same _to the end of the term of the
original President_.
Should the President be unable to discharge his duties for any cause the
Vice-President shall act in his stead.
Should the Vice-President vacate his post at the same time, the Cabinet
shall officiate for the President. In this event the members of the
National Assembly of the Chinese Republic shall convene themselves
within three months to organize an Electoral College to elect a new
President.
Art. 6. The President shall vacate office on the expiry of his term.
Should the election of the next President or Vice-President be not
effected for any cause, or having been elected should they be unable to
be inaugurated, the President and Vice-President whose terms have
expired shall quit their posts and the Cabinet shall officiate for them.
Art. 7. The election of the Vice-President shall be according to the
fixed regulations for the election of the President, and the election of
the Vice-President shall take place at the same time when the President
is elected. Should there be a vacancy for the Vice-Presidency a
Vice-President shall be elected according to the provisions herein set
forth.
APPENDIX
Before the completion of the Formal Constitution, with regard to the
duties and privileges of the President the Provisional Constitution
regarding the same shall temporarily be followed.
"THE CONSTITUTIONAL COMPACT"
_Drafted by Dr. Frank Johnson Goodnow, Legal Adviser to Yuan Shih-kai,
and promulgated on May 1, 1914_
CHAPTER I.--THE NATION
Article 1. The Chung Hua Min Kuo is organized by the people of Chung
Hua.
Art. 2. The sovereignty of Chung Hua Min Kuo originates from the whole
body of the citizens.
Art. 3. The territory of the Chung Hua Min Kuo is the same as that
possessed by the former Empire.
CHAPTER II.--THE PEOPLE
Art. 4. The people of the Chung Hua Min Kuo are all equal in law,
irrespective of race, caste, or religion.
Art. 5. The people are entitled to the following rights of liberty:--
(1) No person shall be arrested, imprisoned, tried, or punished except
in accordance with law.
(2) The habitation of any person shall not be entered or searched except
in accordance with law.
(3) The people have the right of possession and protection of property
and the freedom of trade within the bounds of law.
(4) The people have the right of freedom of speech, of writing and
publication, of meeting and organizing association, within the bounds of
law.
(5) The people have the right of the secrecy of correspondence within
the bounds of law.
(6) The people have the liberty of residence and removal, within the
bounds of law.
(7) The people have freedom of religious belief, within the bounds of
law.
Art. 6. The people have the right to memorialize the Li Fa Yuan
according to the provisions of law.
Art. 7. The people have the right to institute proceedings at the
judiciary organ in accordance with the provisions of law.
Art. 8. The people have the right to petition the administrative organs
and lodge protests with the Administrative Court in accordance with the
provisions of law.
Art. 9. The people have the right to attend examinations held for
securing officials and to join the public service in accordance with the
provisions of law.
Art. 10. The people have the right to vote and to be voted for in
accordance with the provisions of law.
Art. 11. The people have the obligation to pay taxes according to the
provisions of law.
Art. 12. The people have the obligation to serve in a military capacity
in accordance with the provisions of law.
Art. 13. The provisions made in this Chapter, except when in conflict
with the Army or Naval orders and rules, shall be applicable to military
and naval men.
CHAPTER III.--THE PRESIDENT
Art. 14. The President is the Head of the nation, and controls the power
of the entire administration.
Art. 15. The President represents the Chung Hua Min Kuo.
Art. 16. The President is responsible to the entire body of citizens.
Art. 17. The President convokes the Li Fa Yuan, declares the opening,
the suspension and the closing of the sessions.
The President may dissolve the Li Fa Yuan with the approval of the Tsan
Cheng Yuan; but in that case he must have the new members elected and
the House convoked within six months from the day of dissolution.
Art. 18. The President shall submit Bills of Law and the Budget to the
Li Fa Yuan.
Art. 19. For the purposes of improving the public welfare or enforcing
law or in accordance with the duties imposed upon him by law, the
President may issue orders and cause orders to be issued, but he shall
not alter the law by his order.
Art. 20. In order to maintain public peace or to prevent extraordinary
calamities at a time of great emergency when time will not permit the
convocation of the Li Fa Yuan, the President may, with the approval of
the Tsan Cheng Yuan [Senate], issue provisional orders which shall have
the force of law; but in that case he shall ask the Li Fa Yuan [House of
Representatives] for indemnification at its next session.
The provisional orders mentioned above shall immediately become void
when they are rejected by the Li Fa Yuan.
Art. 21. The President shall fix the official systems and official
regulations. The President shall appoint and dismiss military and civil
officials.
Art. 22. The President shall declare war and conclude peace.
Art. 23. The President is the Commander-in-Chief of, and controls, the
Army and Navy of the whole country. The President shall decide the
system of organization and the respective strength of the Army and Navy.
Art. 24. The President shall receive the Ambassadors and Ministers of
the foreign countries.
Art. 25. The President makes treaties.
But the approval of the Li Fa Yuan must be secured if the articles
should change the territories or increase the burdens of the citizens.
Art. 26. The President may, according to law, declare Martial Law.
Art. 27. The President may confer titles of nobility, decorations and
other insignia of honour.
Art. 28. The President may declare general amnesty, special pardon,
commutation of punishment, or restoration of rights. In case of general
amnesty the approval of the Li Fa Yuan must be secured.
Art. 29. When the President, for any cause, vacates his post or is
unable to attend to his duties, the Vice-President shall assume his
duties and authority in his stead.
CHAPTER IV.--THE LEGISLATURE
Art. 30. Legislation shall be done by the Legislature organized with the
members elected by the people.
The organization of the Legislature and the method of electing the
legislative members shall be fixed by the Provisional Constitution
Conference.
Art. 31. The duties and authorities of the Li Fa Yuan shall be as
follows:
(1) To discuss and pass all bills of law.
(2) To discuss and pass the Budget.
(3) To discuss and pass or approve articles relating to raising of
public loans and national financial responsibilities.
(4) To reply to the inquiries addressed to it by the Government.
(5) To receive petitions of the people.
(6) To bring up bills on law.
(7) To bring up suggestions and opinions before the President regarding
law and other affairs.
(8) To bring out the doubtful points of the administration and request
the President for an explanation; but when the President deems it
necessary for a matter to be kept secret he may refuse to give the
answer.
(9) Should the President attempt treason the Li Fa Yuan may institute
judicial proceedings in the Supreme Court against him by a three-fourths
or more vote of a four-fifths attendance of the total membership.
Regarding the clauses from 1 to 8 and articles 20, 25, 28, 55 and 27,
the approval of a majority of more than half of the attending members
will be required to make a decision.
Art. 32. The regular annual session of the Li Fa Yuan will be four
months in duration; but when the President deems it necessary it may be
prolonged. The President may also call special sessions when it is not
in session.
Art. 33. The meetings of the Li Fa Yuan shall be "open sessions," but
they may be held in secret at the request of the President or the
decision of the majority of more than half of the members present.
Art. 34. The law bills passed by the Li Fa Yuan shall be promulgated by
the President and enforced.
When the President vetoes a law bill passed by the Li Fa Yuan he must
give the reason and refer it again to the Li Fa Yuan for
reconsideration. If such bill should be again passed by a two-thirds
vote of the members present at the Li Fa Yuan but at the same time the
President should firmly hold that it would greatly harm the internal
administration or diplomacy to enforce such law or there will be great
and important obstacles against enforcing it, he may withhold
promulgation with the approval of the Tsan Cheng Yuan.
Art. 35. The Speaker and vice-Speaker of the Li Fa Yuan shall be elected
by and from among the members themselves by ballot. The one who secures
more than half of the votes cast shall be considered elected.
Art. 36. The members of the Li Fa Yuan shall not be held responsible to
outsiders for their speeches, arguments and voting in the House.
Art. 37. Except when discovered in the act of committing a crime or for
internal rebellion or external treason, the members of the Li Fa Yuan
shall not be arrested during the session period without the permission
of the House.
Art. 38. The House laws of the Li Fa Yuan shall be made by the House
itself.
CHAPTER V.--THE ADMINISTRATION
Art. 39. The President shall be the Chief of the Administration. A
Secretary of State shall be provided to assist him.
Art. 40. The affairs of the Administration shall be separately
administered by the Ministries of Foreign Affairs, of Interior, of
Finance, of Army, of Navy, of Justice, of Education, of Agriculture and
Commerce and of Communications.
Art. 41. The Minister of each Ministry shall control the affairs in
accordance with law and orders.
Art. 42. The Secretary of State, Ministers of the Ministries and the
special representative of the President may take seats in the Li Fa Yuan
and express their views.
Art. 43. The Secretary of State or any of the Ministers when they commit
a breach of law shall be liable to impeachment by the Censorate
(Suchengting) and trial by the Administrative Court.
CHAPTER VI.--THE JUDICIARY
Art. 44. The judicial power shall be administered by the Judiciary
formed by the judicial officials appointed by the President.
The organization of the Judiciary and the qualifications of the Judicial
officials shall be fixed by law.
Art. 45. The Judiciary shall independently try and decide cases of civil
and criminal law suits according to law. But with regard to
administrative law suits and other special law cases they shall be
attended to according to the provisions of this law.
Art. 46. As to the procedure the Supreme Court should adopt for the
impeachment case stated in clause 9 of article 31, special rules will be
made by law.
Art. 47. The trial of law suits in the judicial courts should be open to
the public; but when they are deemed to be harmful to peace and order or
good custom, they may be held _in camera_.
Art. 48. The judicial officials shall not be given a reduced salary or
shifted from their posts when functioning as such, and except when a
sentence has been passed upon him for punishment or he is sentenced to
be removed, a judicial official shall not be dismissed from his post.
The regulations regarding punishment shall be fixed by law.
CHAPTER VII.--THE TSAN CHENG YUAN
Art. 49. The Tsan Cheng Yuan shall answer the inquiries of the President
and discuss important administrative affairs.
The organization of the Tsan Cheng Yuan shall be fixed by the
Provisional Constitution Conference.
CHAPTER VIII.--FINANCES
Art. 50. Levying of new taxes and dues and change of tariff shall be
decided by law.
The taxes and dues which are now in existence shall continue to be
collected as of old except as changed by law.
Art. 51. With regard to the annual receipts and expenditures of the
nation, they shall be dealt with in accordance with the Budget approved
by the Li Fa Yuan.
Art. 52. For special purposes continuous expenditures for a specified
number of years may be included in the budget.
Art. 53. To prepare for any deficiency of the budget and expenses needed
outside of the estimates in the budget, a special reserve fund must be
provided in the budget.
Art. 54. The following items of expenditures shall not be cancelled or
reduced except with the approval of the President:--
1. Any duties belonging to the nation according to law.
2. Necessities stipulated by law.
3. Necessities for the purpose of carrying out the treaties.
4. Expenses for the Army and Navy.
Art. 55. For national war or suppression of internal disturbance or
under unusual circumstances when time will not permit to convoke the Li
Fa Yuan, the President may make emergency disposal of finance with the
approval of the Tsan Cheng Yuan, but in such case he shall ask the Li Fa
Yuan for indemnification at its next session.
Art. 56. When a new Budget cannot be established, the Budget of the
previous year will be used. The same procedure will be adopted when the
Budget fails to pass at the time when the fiscal year has begun.
Art. 57. When the closed accounts of the receipts and expenditures of
the nation have been audited by the Board of Audit, they shall be
submitted by the President to the Li Fa Yuan for approval.
Art. 58. The organization of the Board of Audit shall be fixed by the
Provisional Constitution Conference.
CHAPTER IX.--PROCEDURE OF CONSTITUTION MAKING
Art. 59. The Constitution of Chung Hua Min Kuo shall be drafted by the
Constitution Draft Committee, which shall be organized with the members
elected by and from among the members of the Tsan Cheng Yuan. The number
of such drafting Committee shall be limited to ten.
Art. 60. The Bill on the Constitution of Chung Hua Min Kuo shall be
fixed by the Tsan Cheng Yuan.
Art. 61. When the Bill on the Constitution of the Chung Hua Min Kuo has
been passed by the Tsan Cheng Yuan, it shall be submitted by the
President to the Citizens' Conference for final passage.
The organization of the Citizens' Conference shall be fixed by the
Provisional Constitution Conference.
Art. 62. The Citizens' Conference shall be convoked and dissolved by the
President.
Art. 63. The Constitution of Chung Hua Min Kuo shall be promulgated by
the President.
CHAPTER X.--APPENDIX
Art. 64.--Before the Constitution of Chung Hua Min Kuo comes into force
this Provisional Constitution shall have equal force to the Permanent
Constitution.
The order and instructions in force before the enforcement of this
Provisional Constitution shall continue to be valid, provided that they
do not come into conflict with the provisions of this Provisional
Constitution.
Art. 65. The articles published on the 12th of the Second Month of the
First Year of Chung Hua Min Kuo, regarding the favourable treatment of
the Ta Ching Emperor after his abdication, and the special treatment of
the Ching Imperial Clan, as well as the special treatment of the
Manchus, Mongols, Mahommedans and Tibetans shall never lose their
effect.
As to the Articles dealing with the special treatment of Mongols in
connexion with the special treatment articles, it is guaranteed that
they shall continue to be effective, and that the same will not be
changed except by law.
Art. 66. This Provisional Constitution may be amended at the request of
two-thirds of the members of the Li Fa Yuan, or the proposal of the
President, by a three-fourths majority of a quorum consisting of
four-fifths or more of the whole membership of the House. The
Provisional Constitution Conference will then be convoked by the
President to undertake the amendment.
Art. 67. Before the establishment of the Li Fa Yuan the Tsan Cheng Yuan
shall have the duty and authority of the former and function in its
stead.
Art. 68. This Provisional Constitution shall come into force from the
date of promulgation. The Temporary Provisional Constitution promulgated
on the 11th day of the Third Month of the First Year of the Min Kuo
shall automatically cease to have force from the date on which this
Provisional Constitution comes into force.
THE PRESIDENTIAL SUCCESSION
_Passed by a puppet political body and promulgated by Yuan Shih-kai on
December 29, 1914_
Article 1. A male citizen of the Republic of Chung Hua, possessing the
rights of citizenship, 40 or more years of age and having resided in the
Republic for not less than 20 years shall be eligible for election as
President.
Art. 2. The Presidential term shall be ten years with eligibility for
re-election.
Art. 3. At the time of the Presidential Election the then President
shall, representing the opinion of the people carefully and reverently
nominate (recommend) three persons, with the qualifications stated in
the first Article, as candidates for the Presidential Office.
The names of these nominated persons shall be written by the then
President on a gold Chia-ho-plate, sealed with the National Seal and
placed in a gold box, which shall be placed in a stone house in the
residence of the President.
The key of the box will be kept by the President while the keys to the
Stone House shall be kept separately by the President, the Chairman of
the Tsan Cheng Yuan and the Secretary of State. The Stone House may not
be opened without an order from the President.
Art. 4. The Presidential Electoral College shall be organized with the
following members:
1. Fifty members elected from the Tsan Cheng Yuan.
2. Fifty members elected from the Li Fa Yuan.
The said members shall be elected by ballot among the members
themselves. Those who secure the largest number of votes shall be
elected. The election shall be presided over by the Minister of
Interior. If it should happen that the Li Fa Yuan is in session at the
time of the organization of the Presidential Electoral College, the
fifty members heading the roll of the House and then in the Capital,
shall be automatically made members of the Electoral College.
Art. 5. The Electoral College shall be convocated by the President and
organized within three days before the election.
Art. 6. The house of the Tsan Cheng Yuan shall be used as a meeting
place for the Presidential Electoral College. The chairman of the Tsan
Cheng Yuan shall act as the chairman of the College.
If the Vice-President is the chairman of the Tsan Cheng Yuan or for
other reasons, the chairman of the Li Fa Yuan shall act as the chairman.
Art. 7. On the day of the Presidential Election the President shall
respectfully make known to the Presidential Electoral College the names
of the persons recommended by him as qualified candidates for the
Presidential office.
Art. 8. The Electoral College may vote for the re-election of the then
President, besides three candidates recommended by him.
Art. 9. The single ballot system will be adopted for the Presidential
Election. There should be an attendance of not less than three-fourths
of the total membership. One who receives a two-thirds majority or
greater of the total number of votes cast shall be elected. If no one
secures a two-thirds majority the two persons receiving the largest
number of votes shall be put to the final vote.
Art. 10. When the year of election arrives should the members of the
Tsan Cheng Yuan consider it a political necessity, the then President
may be re-elected for another term by a two-thirds majority of the Tsan
Cheng Yuan without a formal election. The decision shall then be
promulgated by the President.
Art. 11. Should the President vacate his post before the expiration of
his term of office a special Presidential Electoral College shall be
organized within three days. Before the election takes place the
Vice-President shall officiate as President according to the provisions
of Article 29 of the Constitutional Compact and if the Vice-President
should also vacate his post at the same time, or be absent from the
Capital or for any other reasons be unable to take up the office, the
Secretary of State shall officiate but he shall not assume the duties of
clauses I and 2, either as a substitute or a temporary executive.
Art. 12. On the day of the Presidential Election, the person officiating
as President or carrying on the duties as a substitute shall notify the
Chairman of the Special Presidential Electoral College to appoint ten
members as witnesses to the opening of the Stone House or the Gold Box,
which shall be carried reverently to the House and opened before the
assembly and its contents made known to them. Votes shall then be
forthwith cast for the election of one of the three candidates
recommended as provided for in article 9.
Art. 13. Whether at the re-election of the old President or the
assumption of office of the new President, he shall take oath in the
following words at the time of taking over the office:
"I swear that I shall with all sincerity adhere to the Constitution and
execute the duties of the President. I reverently swear."
Before the promulgation of the Constitution it shall be specifically
stated in the oath that the President shall adhere to the Constitutional
Compact.
Art. 14. The term of office for the Vice-President shall be the same as
that of the President. Upon the expiration of the term, three
candidates, possessing the qualifications of article 1, shall be
nominated by the re-elected or the new President, for election. The
regulations governing the election of the President shall be applicable.
Should the Vice-President vacate his post before the expiration of his
term for some reasons, the President shall proceed according to the
provisions of the preceding article.
Art. 15. The Law shall be enforced from the date of promulgation.
On the day of enforcement of this Law the Law on the Election of the
President as promulgated on the 5th day of the 10th Month of the 2nd
Year of the Min Kuo shall be cancelled.
APPENDIX
DOCUMENTS IN GROUP III
(1) The Russo-Chinese agreement of 5th November, 1913, which affirmed
the autonomy of Outer Mongolia.
(2) The Russo-Chinese-Mongolian tripartite agreement of the 7th June,
1915, ratifying the agreement of the 5th November, 1913.
(3) The Chino-Japanese Treaties and annexes of the 25th May, 1915, in
settlement of the Twenty-one Demands of the 18th January, 1915.
THE RUSSO-CHINESE AGREEMENT REGARDING OUTER MONGOLIA
(Translation from the official French Text)
DECLARATION
The Imperial Russian Government having formulated the principles on
which its relations with China on the subject of Outer Mongolia should
be based; and the Government of the Republic of China having signified
its approval of the aforesaid principles, the two Governments have come
to the following agreement:
Article I. Russia recognizes that Outer Mongolia is placed under the
suzerainty of China.
Art. II. China recognizes the autonomy of Outer Mongolia.
Art. III. Similarly, recognizing the exclusive right of the Mongols of
Outer Mongolia to carry on the internal administration of autonomous
Mongolia and to regulate all commercial and industrial questions
affecting that country, China undertakes not to interfere in these
matters, nor to dispatch troops to Outer Mongolia nor to appoint any
civil or military officer nor to carry out any colonization scheme in
this region. It is nevertheless understood that an envoy of the Chinese
Government may reside at Urga and be accompanied by the necessary staff
as well as an armed escort. In addition the Chinese Government may, in
case of necessity, maintain her agents for the protection of the
interests of her citizens at certain points in Outer Mongolia to be
agreed upon during the exchange of views provided for in Article V of
this agreement. Russia on her part undertakes not to quarter troops in
Outer Mongolia, excepting Consular Guards, nor to interfere in any
question affecting the administration of the country and will likewise
abstain from all colonization.
Art. IV. China declares herself ready to accept the good offices of
Russia in order to establish relations in conformity with the principles
mentioned above and with the stipulations of the Russo-Mongolian
Commercial Treaty of the 21st October, 1912.
Art. V. Questions affecting the interests of Russia and China in Outer
Mongolia which have been created by the new conditions of affairs in
that country shall be discussed at subsequent meetings. In witness
whereof the undersigned, duly authorized to that effect, have signed and
sealed the Present Declaration. Done in Duplicate in Peking on the 5th
November, 1913, corresponding to the 5th Day of the 11th Month of the
Second Year of the Republic of China.
(Signed) B. KRUPENSKY.
(Signed) SUN PAO CHI.
ADDENDUM
In signing the Declaration of to-day's date covering Outer Mongolia, the
undersigned Envoy Extraordinary and Minister Plenipotentiary of His
Majesty the Emperor of all the Russias, duly authorized to that effect,
has the honour to declare in the name of his Government to His
Excellency Monsieur Sun Pao Chi, Minister of Foreign Affairs of the
Republic of China as follows:
I. Russia recognizes that the territory of Outer Mongolia forms part of
the territory of China.
II. In all questions affecting matters of a political or territorial
nature, the Chinese Government will come to an understanding with the
Russian Government by means of negotiations at which the authorities of
Outer Mongolia shall take part.
III. The discussions which have been provided for in Article V of the
Declaration shall take place between the three contracting parties at a
place to be designated by them for that purpose for the meeting of their
delegates.
IV. Autonomous Outer Mongolia comprises the regions hitherto under the
jurisdiction of the Chinese Amban of Urga, the Tartar General of
Uliasoutai and the Chinese Amban of Kobdo. In view of the fact that
there are no detailed maps of Mongolia, and that the boundaries of the
administrative divisions of this country are ill-defined, it is hereby
agreed that the precise boundaries of Outer Mongolia, as well as the
delimitation of the district of Kobdo and the district of Altai, shall
be the subject of subsequent negotiations as provided for by Article V
of the Declaration.
The undersigned seizes the present occasion to renew to His Excellency
Sun Pao Chi the assurance of his highest consideration.
(Signed) B. KRUPENSKY.
In signing the Declaration of to-day's date covering Outer Mongolia, the
undersigned Minister of Foreign Affairs of the Republic of China, duly
authorized to that effect, has the honour to declare in the name of his
Government to His Excellency Monsieur Krupensky, Envoy Extraordinary and
Minister Plenipotentiary of His Majesty the Emperor of all the Russias
as follows:
I. Russia recognizes that the territory of Outer Mongolia forms part of
the territory of China.
II. In all questions affecting matters of a political or territorial
nature, the Chinese Government will come to an understanding with the
Russian Government by means of negotiations at which the authorities of
Outer Mongolia shall take part.
III. The discussions which have been provided for in Article V of the
Declaration shall take place between the three contracting parties at a
place to be designated by them for that purpose for the meeting of their
delegates.
IV. Autonomous Outer Mongolia comprises the regions hitherto under the
jurisdiction of the Chinese Amban of Urga, the Tartar General of
Uliasoutai and the Chinese Amban of Kobdo. In view of the fact that
there are no detailed maps of Mongolia, and that the boundaries of the
administrative divisions of this country are ill-defined, it is hereby
agreed that the precise boundaries of Outer Mongolia, as well as the
delimitation of the district of Kobdo and the district of Altai, shall
be the subject of subsequent negotiations as provided for by Article V
of the Declaration.
The Undersigned seizes the present occasion to renew to His Excellency
Monsieur Krupensky the assurance of his highest consideration.
(Signed) SUN PAO CHI.
SINO-RUSSO MONGOLIAN AGREEMENT
(Translation from the French)
The President of the Republic of China, His Imperial Majesty the Emperor
of all Russias, and His Holiness the Bogdo Djembzoun Damba Khoutoukhtou
Khan of Outer Mongolia, animated by a sincere desire to settle by mutual
agreement various questions created by a new state of things in Outer
Mongolia, have named for that purpose their Plenipotentiary Delegates,
that is to say:
The President of the Republic of China, General Py-Koue-Fang and
Monsieur Tcheng-Loh, Envoy Extraordinary and Minister Plenipotentiary of
China to Mexico;
His Imperial Majesty the Emperor of all Russias, His Councillor of
State, Alexandre Miller, Diplomatic Agent and Consul-General in
Mongolia; and His Holiness the Bogdo Djembzoun Damba Khoutoukhtou Khan
of Outer Mongolia, Erdeni Djonan Beise Shirnin Damdin, Vice-Chief of
Justice, and Touchetou Tsing Wang Tchakdourjab, Chief of Finance, who
having verified their respective full powers found in good and due form,
have agreed upon the following:
Article 1. Outer Mongolia recognizes the Sino-Russian Declaration and
the Notes exchanged between China and Russia of the fifth day of the
eleventh month of the second year of the Republic of China (23rd
October, 1913. Old style).
Art. 2. Outer Mongolia recognizes China's suzerainty. China and Russia
recognize the autonomy of Outer Mongolia forming part of Chinese
territory.
Art. 3. Autonomous Mongolia has no right to conclude international
treaties with foreign powers respecting political and territorial
questions.
As respects questions of a political and territorial nature in Outer
Mongolia, the Chinese Government engages to conform to Article II of the
Note exchanged between China and Russia on the fifth day of the eleventh
month of the second year of the Republic of China, 23rd October, 1913.
Art. 4. The title: "Bogdo Djembzonn Damba Khoutoukhtou Khan of Outer
Mongolia" is conferred by the President of the Republic of China. The
calendar of the Republic as well as the Mongol calendar of cyclical
signs are to be used in official documents.
Art. 5. China and Russia, conformably to Article 2 and 3 of the
Sino-Russian Declaration of the fifth day of the eleventh month of the
second year of the Republic of China, 23rd October, 1913, recognize the
exclusive right of the autonomous government of Outer Mongolia to attend
to all the affairs of its internal administration and to conclude with
foreign powers international treaties and agreements respecting
questions of a commercial and industrial nature concerning autonomous
Mongolia.
Art. 6. Conformably to the same Article III of the Declaration, China
and Russia engage not to interfere in the system of autonomous internal
administration existing in Outer Mongolia.
Art. 7. The military escort of the Chinese Dignitary at Urga provided
for by Article III of the above-mentioned Declaration is not to exceed
two hundred men. The military escorts of his assistants at Ouliassoutai,
at Kobdo, and at the Mongolian-Kiachta are not to exceed fifty men each.
If, by agreement with the autonomous government of Outer Mongolia,
assistants of the Chinese Dignitary are appointed in other localities of
Outer Mongolia, their military escorts are not to exceed fifty men each.
Art. 8. The Imperial Government of Russia is not to send more than one
hundred and fifty men as consular guard for its representative at Urga.
The military escorts of the Imperial consulates and vice-consulates of
Russia, which have already been established or which may be established
by agreement with the autonomous government of Outer Mongolia, in other
localities of Outer Mongolia, are not to exceed fifty men each.
Art. 9. On all ceremonial or official occasions the first place of
honour is due to the Chinese Dignitary. He has the right, if necessary,
to present himself in private audience with His Holiness Bogdo Djembzoun
Damba Khoutoukhtou Khan of Outer Mongolia. The Imperial Representative
of Russia enjoys the same right of private audience.
Art. 10. The Chinese Dignitary at Urga and his assistants in the
different localities of Outer Mongolia provided for by Article VII of
this agreement are to exercise general control lest the acts of the
autonomous government of Outer Mongolia and its subordinate authorities
may impair the suzerain rights and the interests of China and her
subjects in autonomous Mongolia.
Art. 11. Conformably to Article IV of the Note exchanged between China
and Russia on the fifth day of the eleventh month of the second year of
the Republic of China (23rd October, 1915), the territory of autonomous
Outer Mongolia comprises the regions which were under the jurisdiction
of the Chinese Amban at Ourga, or the Tartar-General at Ouliassoutai and
of the Chinese Amban at Kobdo; and connects with the boundary of China
by the limits of the banners of the four aimaks of Khalkha and of the
district of Kobdo, bounded by the district of Houloun-Bourie on the
east, by Inner Mongolia on the south, by the Province of Sinkiang on the
southwest, and by the districts of Altai on the West.
The formal delimitation between China and autonomous Mongolia is to be
carried out by a special commission of delegates of China, Russia and
autonomous Outer Mongolia, which shall set itself to the work of
delimitation within a period of two years from the date of signature of
the present Agreement.
Art. 12. It is understood that customs duties are not to be established
for goods of whatever origin they may be, imported by Chinese merchants
into autonomous Outer Mongolia. Nevertheless, Chinese merchants shall
pay all the taxes on internal trade which have been established in
autonomous Outer Mongolia and which may be established therein in the
future, payable by the Mongols of autonomous Outer Mongolia. Similarly
the merchants of autonomous Outer Mongolia, when importing any kind of
goods of local production into "Inner China," shall pay all the taxes on
trade which have been established in "Inner China" and which may be
established therein in the future, payable by Chinese merchants. Goods
of foreign origin imported from autonomous Outer Mongolia into "Inner
China" shall be subject to the customs duties stipulated in the
regulations for land trade of the seventh year of the reign of
Kouang-Hsu (1881).
Art. 13. Civil and criminal actions arising between Chinese subjects
residing in autonomous Outer Mongolia are to be examined and adjudicated
by the Chinese Dignitary at Urga and by his assistants in the other
localities of autonomous Outer Mongolia.
Art. 14. Civil and criminal actions arising between Mongols of
autonomous Outer Mongolia and Chinese subjects residing therein are to
be examined and adjudicated by the Chinese Dignitary at Urga and his
assistants in the other localities of autonomous Outer Mongolia, or
their delegates, and the Mongolian authorities. If the defendant or
accused is of autonomous Outer Mongolia, the joint examination and
decision of the case are to be held at the Chinese Dignitary's place at
Niga and that of his assistants in the other localities of autonomous
Outer Mongolia; if the defendant or the accused is a Mongol of
autonomous Outer Mongolia and the claimant or the complainant is a
Chinese subject, the case is to be examined and decided in the same
manner in the Mongolian yamen. The guilty are to be punished according
to their own laws. The interested parties are free to arrange their
disputes amicably by means of arbitrators chosen by themselves.
Art. 15. Civil and criminal actions arising between Mongols of
autonomous Outer Mongolia and Russian subjects residing therein are to
be examined and decided conformably to the stipulations of Article XVI
of the Russo-Mongolian Commercial protocol of 21st October, 1912.
Art. 16. All civil and criminal actions arising between Chinese and
Russian subjects in autonomous Outer Mongolia are to be examined and
decided in the following manner: in an action wherein the claimant or
the complainant is a Russian subject and the defendant or accused is a
Chinese subject, the Russian Consul personally or through his delegate
participates in the judicial trial, enjoying the same right as the
Chinese Dignitary at Urga or his delegate or his assistants in the other
localities of autonomous Outer Mongolia. The Russian Consul or his
delegate proceeds to the hearing of the claimant and the Russian
witnesses in the court in session, and interrogates the defendant and
the Chinese witnesses through the medium of the Chinese Dignitary at
Urga or his delegates or of his assistants in the other localities of
autonomous Outer Mongolia; the Russian Consul or his delegate examines
the evidence presented, demands security for "revindication" and has
recourse to the opinion of experts, if he considers such expert opinion
necessary for the elucidation of the rights of the parties, etc.; he
takes part in deciding and in the drafting of the judgment, which he
signs with the Chinese Dignitary at Urga or his delegates or his
assistants in the other localities of Autonomous Outer Mongolia. The
execution of the judgment constitutes a duty of the Chinese authorities.
The Chinese Dignitary at Urga and his Assistants in the other localities
of autonomous Outer Mongolia may likewise personally or through their
delegates be present at the hearing of an action in the Consulates of
Russia wherein the defendant or the accused is a Russian subject and the
claimant or the complainant is a Chinese subject. The execution of the
judgment constitutes a duty of the Russian authorities.
Art. 17. Since a section of the Kiachta-Urga-Kalgan telegraph line lies
in the territory of autonomous Outer Mongolia, it is agreed that the
said section of the said telegraph line constitutes the complete
property of the Autonomous Government of Outer Mongolia. The details
respecting the establishment on the borders of that country and Inner
Mongolia of a station to be administered by Chinese and Mongolian
employés for the transmission of telegrams, as well as the questions of
the tariff for telegrams transmitted and of the apportionment of the
receipts, etc., are to be examined and settled by a special commission
of technical delegates of China, Russia and Autonomous Outer Mongolia.
Art. 18. The Chinese postal institutions at Urga and Mongolian Kiachta
remain in force on the old basis.
Art. 19. The Autonomous Government of Outer Mongolia will place at the
disposal of the Chinese Dignitary at Urga and of his assistants at
Ouliassoutai, Kobdo and Mongolian-Kiachta as well as of their staff the
necessary houses, which are to constitute the complete property of the
Government of the Republic of China. Similarly, necessary grounds in the
vicinity of the residences of the said staff are to be granted for their
escorts.
Art. 20. The Chinese Dignitary at Urga and his assistants in the other
localities of autonomous Outer Mongolia and also their staff are to
enjoy the right to use the courier stations of the autonomous Mongolian
Government conformably to the stipulations of Article XI of the
Russo-Mongolian Protocol of 21st October, 1912.
Art. 21. The stipulations of the Sino-Russian declaration and the Notes
exchanged between China and Russia of the 5th day of the 11th month of
the 2nd year of the Republic of China, 23rd October, 1913, as well as
those of the Russo-Mongolian Commercial Protocol of the 21st October,
1912, remain in full force.
Art. 22. The present Agreement, drawn up in triplicate in Chinese,
Russian, Mongolian and French languages, comes into force from the day
of its signature. Of the four texts which have been duly compared and
found to agree, the French text shall be authoritative in the
interpretation of the Present Agreement.
Done at Kiachta the 7th day of the Sixth Month of the Fourth year of the
Republic of China, corresponding to the Twenty-fifth of May, Seventh of
June, One Thousand Nine Hundred Fifteen.
CHINO-JAPANESE TREATIES AND ANNEXES
COMPLETE ENGLISH TEXT OF THE DOCUMENTS
_The following is an authoritative translation of the two Treaties and
thirteen Notes exchanged between His Excellency the President of the
Republic of China and His Majesty the Emperor of Japan through their
respective plenipotentiaries_:
TREATY RESPECTING THE PROVINCE OF SHANTUNG
His Excellency the President of the Republic of China and His Majesty
the Emperor of Japan, having resolved to conclude a Treaty with a view
to the maintenance of general peace in the Extreme East and the further
strengthening of the relations of friendship and good neighbourhood now
existing between the two nations, have for that purpose named as their
Plenipotentiaries, that is to say:
His Excellency the President of the Republic of China, Lou Tseng-tsiang,
_Chung-ching_, First Class _Chia Ho_ Decoration, Minister of Foreign
Affairs.
And His Majesty the Emperor of Japan, Hioki Eki, _Jushii_, Second Class
of the Imperial Order of the Sacred Treasure, Minister Plenipotentiary,
and Envoy Extraordinary:
Who, after having communicated to each other their full powers and found
them to be in good and due form, have agreed upon and concluded the
following Articles:--
Article 1. The Chinese Government agrees to give full assent to all
matters upon which the Japanese Government may hereafter agree with the
German Government relating to the disposition of all rights, interests
and concessions which Germany, by virtue of treaties or otherwise,
possesses in relation to the Province of Shantung.
Art. 2. The Chinese Government agrees that as regards the railway to be
built by China herself from Chefoo or Lungkow to connect with the
Kiaochow-Tsinanfu railway, if Germany abandons the privilege of
financing the Chefoo-Weihsien line, China will approach Japanese
capitalists to negotiate for a loan.
Art. 3. The Chinese Government agrees in the interest of trade and for
the residence of foreigners, to open by China herself as soon as
possible certain suitable places in the Province of Shantung as
Commercial Ports.
Art. 4. The present treaty shall come into force on the day 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
ratification thereof shall be exchanged at Tokio as soon as possible.
In witness whereof the respective Plenipotentiaries of the 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 of the fourth
year of the Republic of China, corresponding to the same day of the same
month of the fourth year of Taisho.
EXCHANGE OF NOTES RESPECTING SHANTUNG
--Note--
Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.
Monsieur le Ministre.
In the name of the Chinese Government I have the honour to make the
following declaration to your Government:--"Within the Province of
Shantung or along its coast no territory or island will be leased or
ceded to any foreign Power under any pretext."
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency,
Hioki Eki,
Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you made the following declaration in the
name of the Chinese Government:--"Within the Province of Shantung or
along its coast no territory or island will be leased or ceded to any
foreign Power under any pretext."
In reply I beg to state that I have taken note of this declaration.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE OPENING OF PORTS IN SHANTUNG
--Note--
Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.
Monsieur le Ministre.
I have the honour to state that the places which ought to be opened as
Commercial Ports by China herself, as provided in Article 3 of the
Treaty respecting the Province of Shantung 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) LOU TSENG-TSIANG.
His Excellency,
Hioki Eki,
Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you stated "that the places which ought to
be opened as Commercial Ports by China herself, as provided in Article 3
of the Treaty respecting the province of Shantung 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."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE RESTORATION OF THE LEASED TERRITORY OF
KIAOCHOW BAY
--Note--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
In the name of my Government I have the honour to make the following
declaration to the Chinese Government:--
When, after the termination of the present war, the leased territory of
Kiaochow Bay is completely left to the free disposal of Japan, the
Japanese Government will restore the said leased territory to China
under the following conditions:--
1. The whole of Kiaochow Bay to be opened as a Commercial Port.
2. A concession under the exclusive jurisdiction of Japan to be
established at a place designated by the Japanese Government.
3. If the foreign Powers desire it, an international concession may be
established.
4. As regards the disposal to be made of the buildings and properties of
Germany and the conditions and procedure relating thereto, the Japanese
Government and the Chinese Government shall arrange the matter by mutual
agreement before the restoration.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.
Monsieur le Ministre,
I have the honour to acknowledge the receipt of your Excellency's note
of this day's date in which you made the following declaration in the
name of your Government:--
"When, after the termination of the present war the leased territory of
Kiaochow Bay is completely left to the free disposal of Japan, the
Japanese Government will restore the said leased territory to China
under the following conditions:--
"1. The whole of Kiaochow Bay to be opened as a Commercial Port.
"2. A concession under the exclusive jurisdiction of Japan to be
established at a place designated by the Japanese Government.
"3. If the foreign Powers desire it, an international concession may be
established.
"4. As regards the disposal to be made of the buildings and properties of
Germany and the conditions and procedure relating thereto, the Japanese
Government and the Chinese Government shall arrange the matter by mutual
agreement before the restoration."
In reply, I beg to state that I have taken note of this declaration.
I avail, etc.,
(Signed) Lou Tseng-tsiang.
His Excellency,
Hioki Eki,
Japanese Minister.
TREATY RESPECTING SOUTH MANCHURIA AND EASTERN INNER MONGOLIA
His Excellency the President of the Republic of China and His Majesty
the Emperor of Japan, having resolved to conclude a Treaty with a view
to developing their economic relations in South Manchuria and Eastern
Inner Mongolia, have for that purpose named as their Plenipotentiaries,
that is to say;
His Excellency the President of the Republic of China, Lou Tseng-tsiang,
_Chung-ching_, First Class _Chia-ho_ Decoration, and Minister of Foreign
Affairs; And His Majesty the Emperor of Japan, Hioki Eki, _Jushii_,
Second Class of the Imperial Order of the Sacred Treasure, Minister
Plenipotentiary and Envoy Extraordinary;
Who, after having communicated to each other their full powers, and
found them to be in good and due form, have agreed upon and concluded
the following Articles:--
Article 1. The two High Contracting Parties agree that the term of lease
of Port Arthur and Dalny and the terms of the South Manchuria Railway
and the Antung-Mukden Railway, shall be extended to 99 years.
Art. 2. Japanese subjects in South Manchuria may, by negotiation, lease
land necessary for erecting suitable buildings for trade and manufacture
or for prosecuting agricultural enterprises.
Art. 3. Japanese subjects shall be free to reside and travel in South
Manchuria and to engage in business and manufacture of any kind
whatsoever.
Art. 4. In the event of Japanese and Chinese desiring jointly to
undertake agricultural enterprises and industries incidental thereto,
the Chinese Government may give its permission.
Art. 5. The Japanese subjects referred to in the preceding three
articles, besides being required to register with the local Authorities
passports which they must procure under the existing regulations, shall
also submit to the police laws and ordinances and taxation of China.
Civil and criminal cases in which the defendants are Japanese shall be
tried and adjudicated by the Japanese Consul: those in which the
defendants are Chinese shall be tried and adjudicated by Chinese
Authorities. In either case an officer may be deputed to the court to
attend the proceedings. But mixed civil cases between Chinese and
Japanese relating to land shall be tried and adjudicated by delegates of
both nations conjointly in accordance with Chinese law and local usage.
When, in future, the judicial system in the said region is completely
reformed, all civil and criminal cases concerning Japanese subjects
shall be tried and adjudicated entirely by Chinese law courts.
Art. 6. The Chinese Government agrees, in the interest of trade and for
the residence of foreigners, to open by China herself, as soon as
possible, certain suitable places in Eastern Inner Mongolia as
Commercial Ports.
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 loan agreements made heretofore
between China and foreign financiers.
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 Tokio 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 of the fourth
year of the Republic of China, corresponding to the same day of the same
month of the fourth year of Taisho.
EXCHANGE OF NOTES
_Respecting the Terms of Lease of Port Arthur and Dalny and the Terms of
South Manchurian and Antung-Mukden Railways_.
Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.
Monsieur le Ministre,
I have the honour to state that, respecting the provisions contained in
Article I of the Treaty relating to South Manchuria and Eastern Inner
Mongolia, signed this day, the term of lease of Port Arthur and Dalny
shall expire in the 86th year of the Republic or 1997. The date for
restoring the South Manchuria Railway to China shall fall due in the
91st year of the Republic or 2002. Article 12 in the original South
Manchurian Railway Agreement providing that it may be redeemed by China
after 36 years from the day on which the traffic is opened is hereby
cancelled. The term of the Antung-Mukden Railway shall expire in the
96th year of the Republic or 2007.
I avail, etc.,
(Signed) Lou Tseng-tsiang.
His Excellency,
Hioki Eki,
Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,