of this day's date, in which you stated 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 Manchurian 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.
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 OPENING OF PORTS IN EASTERN INNER
MONGOLIA
--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 6 of the
Treaty respecting South Manchuria and Eastern Inner Mongolia signed this
day, will be selected, and the regulations therefor, will be drawn up
by the Chinese Government itself, a decision concerning which will be
made after consulting the Minister of Japan.
I avail, etc.,
(Signed) 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 6
of the Treaty respecting South Manchuria and Eastern Inner Mongolia
signed this day, will be selected, and the regulations therefor, will be
drawn up, by the Chinese Government itself, a decision concerning which
will be made after consulting the Minister of Japan."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKO EKI.
His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.
SOUTH MANCHURIA
--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 Japanese subjects shall, as soon as
possible, investigate and select mines in the mining areas in South
Manchuria specified hereinunder, except those being prospected for or
worked, and the Chinese Government will then permit them to prospect or
work the same; but before the Mining regulations are definitely settled,
the practice at present in force shall be followed. Provinces
Fengtien:--
|Locality |District |Mineral
| | |
|Niu Hsin T'ai |Pen-hsi |Coal
|Tien Shih Fu Kou |Pen-hsi |Coal
|Sha Sung Kang |Hai-lung |Coal
|T'ieh Ch'ang |Tung-hua |Coal
|Nuan Ti T'ang |Chin |Coal
|An Shan Chan region |From Liaoyang to Pen-hsi |Iron
KIRIN (_Southern portion_)
|Locality |District |Mineral
| | |
|Sha Sung Kang |Ho-lung |C. & I.
|Kang Yao Chia |Chi-lin (Kirin) |Coal
|P'i Kou |Hua-tien |Gold
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 respecting the opening of mines in South Manchuria, stating;
"Japanese subjects shall, as soon as possible, investigate and select
mines in the mining areas in South Manchuria specified hereinunder,
except those being prospected for or worked, and the Chinese Government
will then permit them to prospect or work the same; but before the
Mining regulations are definitely settled, the practice at present in
force shall be followed.
1 Provinces Fengtien.
|Locality |District |Mineral
| | |
|1. Niu Hsin T'ai |Pen-hsi |Coal
|2. Tien Shih Fu Kou |Pen-hsi |Coal
|3. Sha Sung Kang |Hai-lung |Coal
|4. T'ieh Ch'ang |Tung-hua |Coal
|5. Nuan Ti T'ang |Chin |Coal
|6. An Shan Chan region |From Liaoyang to Pen-hsi |Iron
KIRIN (_Southern portion_)
|1. Sha Sung Kang |Ho-lung |C. & I.
|2. Kang Yao |Chi-lin (Kirin) |Coal
|3. Chia P'i Kou |Hua-tien |Gold
"I avail, etc.,
(Signed) "HIOKI EKI."
His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs of the Republic of China.
EXCHANGE OF NOTES RESPECTING RAILWAYS AND TAXES IN SOUTH MANCHURIA AND
EASTERN INNER MONGOLIA
--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 my Government.
I have the honour to make the following declaration to your
Government:--
China will hereafter provide funds for building necessary railways in
South Manchuria and Eastern Inner Mongolia; if foreign capital is
required China may negotiate for a loan with Japanese capitalists first;
and further, the Chinese Government, when making a loan in future on the
security of the taxes in the above-mentioned places (excluding the salt
and customs revenue which has already been pledged by the Chinese
Central Government) may negotiate for it with Japanese capitalists
first.
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 respecting railways and taxes in South Manchuria and
Eastern Inner Mongolia in which you stated:
"China will hereafter provide funds for building necessary railways in
South Manchuria and Eastern Inner Mongolia; if foreign capital is
required China may negotiate for a loan with Japanese capitalists first;
and further, the Chinese Government, when making a loan in future on the
security of taxes in the above mentioned places (excluding the salt and
customs revenue which has already been pledged by the Chinese Central
Government) may negotiate for it with Japanese capitalists first."
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKO EKI.
His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE EMPLOYMENT OF ADVISERS IN SOUTH
MANCHURIA
--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:--
"Hereafter, if foreign advisers or instructors on political, financial,
military or police matters are to be employed in South Manchuria,
Japanese may be employed first."
I avail, etc.,
(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 your Government:--
"Hereafter if foreign advisers or instructors in political, financial,
military or police matters are to be employed in South Manchuria,
Japanese may be employed first."
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 EXPLANATION OF "LEASE BY NEGOTIATION"
IN SOUTH MANCHURIA
--Note--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to state that the term lease by negotiation contained
in Article 2 of the Treaty respecting South Manchuria and Eastern Inner
Mongolia signed this day shall be understood to imply a long-term lease
of not more than thirty years and also the possibility of its
unconditional renewal.
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 state.
"The term lease by negotiation contained in Article 2 of the Treaty
respecting South Manchuria and Eastern Inner Mongolia signed this day
shall be understood to imply a long-term lease of not more than thirty
years and also the possibility of its unconditional renewal."
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency,
Hioki Eki,
Japanese Minister.
EXCHANGE OF NOTES RESPECTING THE ARRANGEMENT FOR POLICE LAWS AND
ORDINANCES AND TAXATION IN SOUTH MANCHURIA AND EASTERN INNER MONGOLIA
--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 Chinese Authorities will notify the
Japanese Consul of the police laws and ordinances and the taxation to
which Japanese subjects shall submit according to Article 5 of the
Treaty respecting South Manchuria and Eastern Inner Mongolia signed this
day so as to come to an understanding with him before their enforcement.
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 state:
"The Chinese Authorities will notify the Japanese Consul of the Police
laws and ordinances and the taxation to which Japanese subjects shall
submit according to Article 5 of the Treaty respecting South Manchuria
and Eastern Inner Mongolia signed this day so as to come to an
understanding with him before their enforcement."
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.
--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, inasmuch as preparations have to be
made regarding Articles 2, 3, 4 and 5 of the Treaty respecting South
Manchuria and Eastern Inner Mongolia signed this day, the Chinese
Government proposes that the operation of the said Articles be postponed
for a period of three months beginning from the date of the signing of
the said Treaty.
I hope your Government will agree to this proposal.
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 "inasmuch as preparations
have to be made regarding Articles 2, 3, 4 and 5 of the Treaty
respecting South Manchuria and Eastern Inner Mongolia signed this day,
the Chinese Government proposes that the operation of the said Articles
be postponed for a period of three months beginning from the date of
the signing of the said Treaty."
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 MATTER OF HANYEHPING
--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 if in future the Hanyehping Company and
the Japanese capitalists agree upon co-operation, the Chinese
Government, in view of the intimate relations subsisting between the
Japanese capitalists and the said Company, will forthwith give its
permission. The Chinese Government further agrees not to confiscate the
said Company, nor, without the consent of the Japanese capitalists to
convert it into a state enterprise, nor cause it to borrow and use
foreign capital other than Japanese.
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 state:
"If in future the Hanyehping Company and the Japanese capitalists agree
upon co-operation, the Chinese Government, in view of the intimate
relations subsisting between the Japanese capitalists and the said
Company, will forthwith give its permission. The Chinese Government
further agrees not to confiscate the said Company, nor, without the
consent of the Japanese capitalists to convert it into a state
enterprise, nor cause it to borrow and use foreign capital other than
Japanese."
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 FUKIEN QUESTION
--Note--
Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.
Excellency,
A report has reached me to the effect that the Chinese Government has
the intention of permitting foreign nations to establish, on the coast
of Fukien Province, dock-yards, coaling stations for military use, naval
bases, or to set up other military establishments; and also of borrowing
foreign capital for the purpose of setting up the above-mentioned
establishments.
I have the honour to request that Your Excellency will be good enough to
give me reply stating whether or not the Chinese Government really
entertains such an intention.
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 which I have noted.
In reply I beg to inform you that the Chinese Government hereby declares
that it has given no permission to foreign nations to construct, on the
coast of Fukien Province, dock-yards, coaling stations for military use,
naval bases, or to set up other military establishments; nor does it
entertain an intention of borrowing foreign capital for the purpose of
setting up the above-mentioned establishments.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency,
Hioki Eki,
Japanese Minister.
APPENDIX
DOCUMENTS IN GROUP IV
(1) The Draft of the Permanent Constitution completed in May, 1917.
(2) The proposed Provincial System, _i.e._, the local government law.
(3) Memorandum by the Ministry of Commerce on Tariff Revision,
illustrating the anomalies of present trade taxation.
(4) The leading outstanding cases between China and the Foreign Powers.
DRAFT OF THE NATIONAL CONSTITUTION OF CHINA
(As it stood on May 28th, 1917, in its second reading at the
Constitutional Conference.)
The Constitutional Conference of the Republic of China, in order to
enhance the national dignity, to unite the national dominion, to advance
the interest of society and to uphold the sacredness of humanity, hereby
adopt the following constitution which shall be promulgated to the whole
country, to be universally observed, and handed down unto the end of
time.
CHAPTER I. THE FORM OF GOVERNMENT
Article 1. The Republic of China shall for ever be a consolidated
Republic.
CHAPTER II. NATIONAL TERRITORY
Art. 2. The National Territory of the Republic of China shall be in
accordance with the dominion hithertofore existing.
No change in National Territory and its divisions can be made save in
accordance with the law.
CHAPTER ... GOVERNING AUTHORITY
Art ... The power of Government of the Republic of China shall be
derived from the entire body of citizens.
CHAPTER III. THE CITIZENS
Art. 3. Those who are of Chinese nationality according to law shall be
called the citizens of the Republic of China.
Art. 4. Among the citizens of the Republic of China, there shall be, in
the eyes of the law, no racial, class, or religious distinctions, but
all shall be equal.
Art. 5. No citizens of the Republic of China shall be arrested,
detained, tried, or punished save in accordance with the law. Whoever
happens to be detained in custody shall be entitled, on application
therefore, to the immediate benefit of the writ of habeas corpus,
bringing him before a judicial court of competent jurisdiction for an
investigation of the case and appropriate action according to law.
Art. 6. The private habitations of the citizens of the Republic of China
shall not be entered or searched except in accordance with the law.
Art. 7. The citizens of the Republic of China shall have the right of
secrecy of correspondence, which may not be violated except as provided
by law.
Art. 8. The citizens of the Republic of China shall have liberty of
choice of residence and of profession which shall be unrestricted except
in accordance with law.
Art. 9. The citizens of the Republic of China shall have liberty to call
meetings or to organize societies which shall be unrestricted except in
accordance with the law.
Art. 10. The citizens of the Republic of China shall have freedom of
speech, writing and publication which shall be unrestricted except in
accordance with the law.
Art. 11. The citizens of the Republic of China shall be entitled to
honour Confucius and shall enjoy freedom of religious belief which shall
be unrestricted except in accordance with the law.
Art. 12. The citizens of the Republic of China shall enjoy the
inviolable right to the security of their property and any measure to
the contrary necessitated by public interest shall be determined by law.
Art. ... The citizens of the Republic of China shall enjoy all other
forms of freedom aside from those hithertofore mentioned, provided they
are not contrary to the spirit of the Constitution.
Art. 13. The citizens of the Republic of China shall have the right to
appeal to the Judicial Courts according to law.
Art. 14. The citizens of the Republic of China shall have the right to
submit petitions or make complaints according to law.
Art. 15. The citizens of the Republic of China shall have the right to
vote and to be voted for according to law.
Art. 16. The citizens of the Republic of China shall have the right to
hold official posts according to law.
Art. 17. The citizens of the Republic of China shall perform the
obligation of paying taxes according to law.
Art. 18. The citizens of the Republic of China shall perform the
obligation of military service according to law.
Art. 19. The citizens of the Republic of China shall be under the
obligation to receive primary education according to law.
CHAPTER IV. THE NATIONAL ASSEMBLY
Art. 20. The legislative power of the Republic of China shall be
exercised by the National Assembly exclusively.
Art. 21. The National Assembly shall consist of a Senate and House of
Representatives.
Art. 22. The Senate shall be composed of the Senators elected by the
highest local legislative assemblies and other electoral bodies.
Art. 23. The House of Representatives shall be composed of the
representatives elected by the various electoral districts in proportion
to the population.
Art. 24. The members of both Houses shall be elected according to law.
Art. 25. In no case shall one person be a member of both Houses
simultaneously.
Art. 26. No member of either House shall hold any official post, civil
or military during his term.
Art. 27. The qualifications of the members of either House shall be
determined by the respective Houses.
Art. 28. The term of office for a member of the Senate shall be six
years. One-third of the members shall retire and new ones be elected
every two years.
Art. 29. The term of office for a member of the House of Representatives
shall be three years.
Art. 30. Each House shall have a President and a Vice-President who
shall be elected from among its members.
Art. 31. The National Assembly shall itself convene, open and close its
sessions, but as to extraordinary sessions, they shall be called under
one of the following circumstances:
(1) A signed request of more than one-third of the members of each
House.
(2) A mandate of the President.
Art. 32. The ordinary sessions of the National Assembly shall begin on
the first day of the eighth month in each year.
Art. 33. The period for the ordinary session of the National Assembly
shall be four months which may be prolonged, but the prolonged period
shall not exceed the length of the ordinary session.
Art. 34. (Eliminated.)
Art. 35. Both Houses shall meet in joint session at the opening and
closing of the National Assembly.
If one House suspends its session, the other House shall do likewise
during the same period.
When the House of Representatives is dissolved, the Senate shall
adjourn during the same period.
Art. 36. The work of the National Assembly shall be conducted in the
Houses separately. No bill shall be introduced in both Houses
simultaneously.
Art. 37. Unless there be an attendance of over half of the total number
of members of either House, no sitting shall be held.
Art. 38. Any subject discussed in either House shall be decided by the
votes of the majority of members attending the sitting. The President of
each House shall have a deciding vote in case of a tie.
Art. 39. A decision of the National Assembly shall require the decision
of both Houses.
Art. 40. The sessions of both Houses shall be held in public, except on
request of the government, or decision of the Houses when secret
sessions may be held.
Art. 41. Should the House of Representatives consider either the
President or the Vice-President of the Republic of China has committed
treason, he may be impeached by the decision of a majority of over
two-thirds of the members present, there being a quorum of over
two-thirds of the total membership of the House.
Art. 42. Should the House of Representatives consider that the Cabinet
Ministers have violated the law, an impeachment may be instituted with
the approval of over two-thirds of the members present.
Art. 43. The House of Representatives may pass a vote of want of
Confidence in the Cabinet Ministers.
Art. 44. The Senate shall try the impeached President, Vice-President
and Cabinet Ministers.
With regard to the above-mentioned trial, no judgment of guilt or
violation of the law shall be passed without the approval of over
two-thirds of the members present.
When a verdict of "Guilty" is pronounced on the President or
Vice-President, he shall be deprived of his post, but the infliction of
punishment shall be determined by the Supreme Court of Justice.
When the verdict of "Guilty" is pronounced upon a Cabinet Minister, he
shall be deprived of his office and may forfeit his public rights.
Should the above penalty be insufficient for his offence, he shall be
tried by the Judicial Court.
Art. ... Either of the two Houses shall have power to request the
government to inquire into any case of delinquency or unlawful act on
the part of any official and to punish him accordingly.
Art. 45. Both Houses shall have the right to offer suggestions to the
Government.
Art. 46. Both Houses shall receive and consider the petitions of the
citizens.
Art. 47. Members of either House may introduce interpellations to the
members of the Cabinet and demand their attendance in the House to reply
thereto.
Art. 48. Members of either House shall not be responsible to those
outside the House for opinions expressed and votes cast in the House.
Art. 49. No member of either House during session shall be arrested or
detained in custody without the permission of his respective House,
unless he be arrested in the commission of the offence or act.
When any member of either House has been so arrested, the government
should report the cause to his respective House. Such member's House,
during session, may with the approval of its members demand for the
release of the arrested member and for temporary suspension of the legal
proceedings.
Art. 50. The annual allowance and other expenses of the members of both
Houses shall be fixed by law.
(CHAPTER V. on Resident Committee of the National Assembly with 4
articles has been eliminated.)
CHAPTER VI. THE PRESIDENT
Art. 55. The administrative power of the Republic of China shall be
vested in the President with the assistance of the Cabinet Ministers.
* Art. 56. A person of the Republic of China in the full enjoyment
of public rights, of the age of forty years or more, and resident in
China for at least ten years, is eligible for election as President.
* Art. 57. The President shall be elected by a Presidential
Election Convention, composed of the members of the National Assembly.
For the above election, an attendance of at least two-thirds of the
number of electors shall be required, and the voting shall be performed
by secret ballot. The person obtaining three-fourths of the total votes
cast shall be elected; but should no definite result be obtained after
the second ballot, the two candidates obtaining the most votes in the
second ballot shall be voted for and the candidate receiving the
majority vote shall be elected.
* Art. 58. The period of office of the President shall be five
years, and if re-elected, he may hold office for another term.
Three months previous to the expiration of the term, the members of the
National Assembly of the Republic shall themselves convene and organize
the President Election Convention to elect a President for the next
term.
* Art. 59. When the President is being inaugurated, he shall make
an oath as follows: "I hereby solemnly swear that I will most faithfully
obey the Constitution and discharge the duties of the President."
* Art. 60. Should the post of the President become vacant, the
Vice-President shall succeed him until the expiration of the term of
office of the President. Should the President be unable to discharge his
duties for any cause, the Vice-President shall act for him.
Should the Vice-President vacate his post at the same time, the Cabinet
shall officiate for the President, but at the same time, the members of
the National Assembly shall within three months convene themselves and
organize the Presidential Election Convention to elect a new President.
* Art. 61. The President shall be relieved of his office at the
expiration of his term of his office. If, at the end of the period, the
new President has not been elected, or, having been elected, be unable
to assume office and when the Vice-President is also unable to act as
President, the Cabinet shall officiate for the President.
* Art. 62. The election of the Vice-President shall be in
accordance with the regulations fixed for the election of the President;
and the election of the Vice-President shall take place simultaneously
with the election of the President. Should the post of the
Vice-President become vacant, a new Vice-President shall be elected.
Art. 63. The President shall promulgate all laws and supervise and
secure their enforcement.
Art. 64. The President may issue and publish mandates for the execution
of laws in accordance with the powers delegated to him by the law.
Art. 65. (Eliminated.)
Art. 66. The President shall appoint and remove all civil and military
officials, with the exception of those specially provided for by the
Constitution or laws.
Art. 67. The President shall be the Commander-in-Chief of the Army and
Navy of the Republic.
The organization of the Army and Navy shall be fixed by law.
Art. 68. In intercourse with foreign countries, the President shall be
the representative of the Republic.
Art. 69. The President may, with the concurrence of the National
Assembly, declare war, but, in case of defence against foreign invasion,
he may request recognition of the National Assembly after the
declaration of the war.
Art. 70. The President may conclude treaties; but with regard to
treaties of peace, and those affecting legislation, they shall not be
valid, if the consent of the National Assembly is not obtained.
Art. 71. The President may proclaim martial law according to law; but if
the National Assembly should consider that there is no such necessity,
he should declare the withdrawal of the martial law.
Art. 72. (Eliminated.)
Art. 73. The President may, with the concurrence of the Supreme Court of
Justice, grant pardons, commute punishment, and restore rights; but with
regard to a verdict of impeachment, unless with the concurrence of the
National Assembly, he shall not make any announcement of the restoration
of rights.
Art. 74. The President may suspend the session of either the Senate or
the House of Representatives for a period not exceeding ten days, but
during any one session, he may not exercise this right more than once.
Art. 75. With the concurrence of two-thirds or more of the members of
the Senate present, the President may dissolve the House of
Representatives, but there must not be a second dissolution during the
period of the same session.
When the House of Representatives is dissolved by the President,
another election shall take place immediately, and the convocation of
the House at a fixed date within five months should be effected to
continue the session.
Art. 76. With the exception of high treason, no criminal charges shall
be brought against the President before he has vacated his office.
Art. 77. The salaries of the President and Vice-President shall be fixed
by law.
CHAPTER VII. THE CABINET
Art. 78. The Cabinet shall be composed of the Cabinet Ministers.
Art. 79. The Premier and the Ministers of the various ministries shall
be called the Cabinet Ministers.
Art. 80. The appointment of the Premier shall be approved by the House
of Representatives.
Should a vacancy in the Premiership occur during the time of adjournment
of the National Assembly, the President may appoint an Acting-Premier,
but it shall be required that the appointment must be submitted to the
House of Representatives for approval within seven days after the
convening of the next session.
Art. 81. Cabinet Ministers shall assist the President and shall be
responsible to the House of Representatives.
Without the counter-signature of the Cabinet Minister to whose Ministry
the Mandate or dispatch applies, the mandate or dispatch of the
President in connection with State affairs shall not be valid; but this
shall not apply to the appointment or dismissal of the Premier.
Art. 82. When a vote of want of confidence in the Cabinet Ministers is
passed, if the President does not dissolve the House of Representatives
according to the provisions made in Art. 75, he should remove the
Cabinet Ministers.
Art. 83. The Cabinet Ministers shall be allowed to attend both Houses
and make speeches, but in case of introducing bills for the Executive
Department, their delegates may act for them.
CHAPTER VIII. COURTS OF JUSTICE
Art. 84. The Judicial authority of the Republic of China shall be
exercised by the Courts of Justice exclusively.
Art. 85. The organization of the Courts of Justice and the
qualifications of the Judges shall be fixed by law.
The appointment of the Chief-Justice of the Supreme Court should have
the approval of the Senate.
Art. 86. The Judiciary shall attend to and settle all civil, criminal,
administrative and other cases, but this does not include those cases
which have been specially provided for by the Constitution or law.
Art. 87. The trial of cases in the law courts shall be conducted
publicly, but those affecting public peace and order or propriety may be
held in camera.
Art. 88. The Judges shall be independent in the conducting of trials
and none shall be allowed to interfere.
Art. 89. Except in accordance with law, judges, during their
continuation of office shall not have their emoluments decreased, nor be
transferred to other offices, nor shall they be removed from office.
During his tenure of office, no judge shall be deprived of his office
unless he is convicted of crime, or for offences punishable by law. But
the above does not include cases of reorganization of Judicial Courts
and when the qualification of the Judges are modified. The punishments
and fines of the Judicial Officials shall be fixed by law.
CHAPTER IX. LEGISLATION
Art. 90. The members of both Houses and the Executive Department may
introduce bills of law, but if any bill of law is rejected by the House
it shall not be re-introduced during the same session.
Art. 91. Any bill of law which has been passed by the National Assembly
shall be promulgated by the President within 15 days after receipt of
the same.
Art. 92. Should the President disapprove of any bill of law passed by
the National Assembly, he shall within the period allowed for
promulgation, state the reason of his disapproval and request the
reconsideration of the same by the National Assembly.
If a bill of law has not yet been submitted with a request for
consideration and the period for promulgation has passed; it shall
become law. But the above shall not apply to the case when the session
of the National Assembly is adjourned, or, the House of Representatives
dissolved before the period for the promulgation is ended.
Art. 93. The law shall not be altered or repealed except in accordance
with the law.
Art. 94. Any law that is in conflict with the Constitution shall not be
valid.
CHAPTER X. NATIONAL FINANCE
Art. 95. The introduction of new taxes and alterations in the rate of
taxation shall be fixed by law.
Art. 96. (Eliminated.)
Art. 97. The approval of the National Assembly must be obtained for
National loans, or the conclusion of agreements which tend to increase
the burden of the National Treasury.
Art. ... Financial bills involving direct obligation on the part of the
citizens shall first be submitted to the House of Representatives.
Art. 98. The Executive Department of the Government shall prepare a
budget setting forth expenditures and receipts of the Nation for the
fiscal year which shall be submitted to the House of Representatives
within 15 days after the opening of the session of the National
Assembly.
Should the Senate amend or reject the budget passed by the House of
Representatives, it shall request the concurrence of the House of
Representatives in its amendment or rejection, and, if such concurrence
is not obtained, the budget shall be considered as passed.
Art. 99. In case of special provisions, the Executive Department may fix
in advance in the budget the period over which the appropriations are to
be spread and may provide for the successive appropriations continuing
over this period.
Art. 100. In order to provide for a safe margin for under-estimates or
for items left out of the budget, the Executive Department may include
contingent items in the budget under the heading of Reserve Fund. The
sum expended under the above provision shall be submitted to the House
of Representatives at the next session for recognition.
Art. 101. Unless approved by the Executive Department, the National
Assembly shall have no right to abolish or curtail any of the following
items:
(1) Items in connection with obligations of the Government according to
law.
(2) Items necessitated by the observance of treaties.
(3) Items legally fixed.
(4) Successive appropriations continuing over a period.
Art. 102. The National Assembly shall not increase the annual
expenditures as set down in the budget.
Art. 103. In case the budget is not yet passed, when the fiscal year
begins, the Executive Department may, during this period, follow the
budget for the preceding year by limiting its expenditures and receipts
by one-twelfth of the total amount for each month.
Art. 104. Should there be a defensive war against foreign invasion, or
should there be a suppression of internal rebellion, or to provide
against extraordinary calamity, when it is impossible to issue writs for
summoning the National Assembly, the Executive Department may adopt
financial measures for the emergency, but it should request the
recognition thereof by the House of Representatives within seven days
after the convening of the next session of the National Assembly.
Art. 105. Orders on the Treasury for payments on account of the annual
expenditures of the Government shall first be passed by the Auditing
Department.
Art. 106. Accounts of the annual expenditures and annual receipts for
each year should first be referred to the Auditing Department for
investigation and then the Executive Department shall report the same to
the National Assembly.
If the account be rejected by the House of Representatives, the Cabinet
shall be held responsible.
Art. 107. The method of organization of the Auditing Department and the
qualification of the Auditors shall be fixed by law.
During his tenure of office, the auditor shall not be dismissed or
transferred to any other duty or his salary be reduced except in
accordance with the law.
The manner of punishment of Auditors shall be fixed by law.
Art. 108. The Chief of the Auditing Department shall be elected by the
Senate. The Chief of the Auditing Department may attend sittings of both
Houses and report on the Audit with explanatory statements.
CHAPTER XI. AMENDMENTS, INTERPRETATION AND INVIOLABILITY OF THE
CONSTITUTION
Art. 109. The National Assembly may bring up bills for the amendment of
the National Constitution.
Bills of this nature shall not take effect unless approved by two-thirds
of the members of each House present.
No bill for the amendment of the Constitution shall be introduced unless
signed by one-fourth of the members of each House.
Art. 110. The amendment of the National Constitution shall be discussed
and decided by the National Constitutional Conference.
Art. 111. No proposal for a change of the form of Government shall be
allowed as a subject for amendment.
Art. 112. Should there be any doubt as to the meaning of the text of the
Constitution, it shall be interpreted by the National Constitutional
Conference.
Art. 113. The National Constitutional Conference shall be composed of
the members of the National Assembly.
Unless there be a quorum of two-thirds of the total number of the
members of the National Assembly, no Constitutional Conference shall be
held, and unless three-fourths of the members present vote in favour, no
amendment shall be passed. But with regard to the interpretation of the
Constitution, only two-thirds of the members present is required to
decide an issue.
Art. ... The National Constitution shall be the Supreme Law of the Land
and shall be inviolable under any circumstances unless duly amended in
accordance with the procedure specified in this Constitution.
[Symbol: tick mark] A Chapter on Provincial or local organization is to
be inserted under Chapter ..., providing for certain powers and rights
to be given to local governments with the residual power left in the
hands of the central government. The exact text is not yet settled.
Note: The Mark (*) indicates that the article has already been
formally adopted as a part of the finished Constitution.
The Mark ([Symbol: tick mark]) indicates that the article has not yet
passed through the second reading.
Those without marks have passed through the second reading on May 28th,
1917. Articles bearing no number are additions to the original draft as
presented to the Conference by the Drafting Committee.
THE LOCAL SYSTEM
DRAFT SUBMITTED TO PARLIAMENT
The following Regulations on the Local System have been referred to the
Parliamentary Committee for consideration:--
Article 1. The Local System shall embrace provinces and hsien districts.
Any change for the existing division of provinces and hsien districts
shall be decided by the Senate. As to Mongolia, Tibet, Chinghai and
other places where no provinces and hsien districts have been fixed,
Parliament shall enforce these regulations there in future.
Art. 2. A province shall have the following duties and rights: (a) To
fix local laws. (b) To manage provincial properties. (c) To attend to
the affairs in connexion with police organization, sanitation,
conservancy, roads, and public works. (d) To develop education and
industry in accordance with the order and mandates of the Central
Government. (e) To improve its navigation and telegraphic lines, or to
undertake such enterprises with the co-operation of other provinces. (f)
To organize precautionary troops for the protection of local interests,
the method of whose organization, uniforms and arms shall be similar to
those of the National Army. With the exception of the matter of
declaring war against foreign countries, the President shall have no
power to transfer these troops to other provinces: and unless the
province is unable to suppress its own internal troubles, it shall not
ask the Central Government for the service of the National Army. (g) The
province shall defray its own expenses for the administration and the
maintenance of precautionary troops; but the provinces which have
hitherto received subsidies, shall continue to receive same from the
National Treasury with the approval of Parliament. (h) Land, Title Deed,
License, Mortgage, Tobacco and Wine, Butchery, Fishery and all other
principal and additional taxes shall be considered as local revenues.
(i) The province may fix rates for local tax or levy additional tax on
the National Taxes. (j) The province shall have a provincial treasury.
(k) It may raise provincial public loans. (l) It shall elect a certain
number of Senators. (m) It shall fix regulations for the smaller local
Self-Governing Bodies.
Art. 3. Besides the above rights and privileges, a province shall bear
the following responsibilities:
(a) In case of financial difficulties of the Central Government, it
shall share the burden according to the proportion of its revenue. (b)
It shall enforce the laws and mandates promulgated by the Central
Government. (c) It shall enforce the measures entrusted by the Central
Government, but the latter shall bear the expenses. (d) In case the
local laws and regulations are in conflict with those of the Central
Government the latter may with the approval of Parliament cancel or
modify the same. (e) In case of great necessity the provincial
telegraph, railway, etc., may be utilized by the Central Government. (f)
In case of negligence, or blunder made by the provincial authorities,
which injures the interests of the nation, the Central Government, with
the approval of Parliament, may reprimand and rectify same. (g) It shall
not make laws on the grant of monopoly and of copyrights; neither issue
bank notes, manufacture coins, make implements of weights and measures;
neither grant the right to local banks to manage the Government
Treasury; nor sign contracts with foreigners on the purchase or sale of
lands and mines, or mortgage land tax to them or construct naval
harbours or arsenals. (h) All local laws, budgets, and other important
matters shall be reported to the President from time to time. (i) The
Central Government may transfer to itself the ownership of enterprises
or rights which Parliament has decided should become national. (j) In
case of a quarrel arising between the Central Government and the
province, or between provinces, it shall be decided by Parliament. (k)
In case of refusal to obey the orders of the Central Government, the
President with the approval of Parliament may change the Shenchang
(Governor) or dissolve the Provincial Assembly. (l) The President with
the approval of Parliament may suppress by force any province which
defies the Central Authorities.
Art 4. A Shenchang shall be appointed for each province to represent the
Central Government in the supervision of the local administration. The
appointment shall be made with the approval of the Senate, the term, of
office for the Shenchang shall be four years, and his annual salary
shall be $24,000, which shall be paid out of the National Treasury.
Art. 5. The administration measures entrusted by the Government to the
Shenchang shall be enforced by the administrative organs under his
supervision, and he shall be responsible for same.
Art. 6. In the enforcement of the laws and mandates of the Central
Government, or of the laws and regulations of his province, he may issue
orders.
Art. 7. The province shall establish the following five Departments,
namely Interior, Police, Finance, Education and Industry. There shall be
one Department Chief for each Department, to be appointed by the
Shenchang.
Art. 8. A Provincial Council shall be organized to assist the Shenchang
to enforce the administrative measures, and it shall be responsible to
the Provincial Assembly for same.
This Council shall be composed of all the Departmental Chiefs, and five
members elected out of the Provincial Assembly. It shall discuss the
Bills on Budget, on administration, and on the organization of police
forces, submitted by the Shenchang.
Art. 9. If one member of the Council be impeached by the Provincial
Assembly, the Shenchang shall replace him, but if the whole body of the
Council be impeached, the Shenchang shall either dissolve the Assembly
or dismiss all his Departmental Chiefs. In one session the Assembly
shall not be dissolved twice, and after two months of the dissolution,
it shall be convened again.
Art. 10. The organization and election of the Provincial Assembly shall
be fixed by law.
Art. 11. The Provincial Assembly shall have the following duties and
powers: (a) It may pass such laws as allowed by the Constitution. (b) It
may pass the bills on the provincial Budget and Accounts. (c) It may
impeach the members of the Provincial Council. (d) It may address
interpellations or give suggestions to the Provincial Council. (e) It
may elect Members for the Provincial Council. (f) It may attend to the
petitions submitted by the public.
Art. 12. A Magistrate shall be appointed for each hsien district to
enforce administrative measures. He shall be appointed directly by the
Shenchang, and his term of office shall be three years.
Art. 13. The Central Government shall hold examinations in the provinces
for candidates for the Magistracy. In a province half of the total
number of magistrates shall be natives of the province and the other
half of other provinces; but a native shall hold office of Magistrate
300 _li_ away from his home.
Art. 14. The organization for the legislative organ of the hsien
district shall be fixed by law.
TARIFF REVISION IN CHINA
The following is a translation of a memorandum prepared by the Ministry
of Agriculture and Commerce regarding abolition of likin and an increase
of the Customs duties:--
THE MEMORANDUM
"Disproportionate taxation on commodities at inland towns and cities
tends to cripple the productive power of a country. Acting upon this
principle, France in the 17th, England, America, Germany and Austria in
the 18th Century abolished such kind of taxation, the Customs tariff
remaining, which is a levy on imports at the first port of entry. Its
purpose is to increase the cost of production of imported goods and to
serve as a protection of native products (sic). Raw materials from
abroad are, however, exempt from Customs duty in order to provide cheap
material for home manufactures. An altogether different state of
affairs, however, exists in this country. Likin stations are found
throughout the country, while raw materials are taxed. Take the Hangchow
silk for instance. When transported to the Capital for sale, it has to
pay a tax on raw material of 18 per cent. Foreign imported goods on the
other hand, are only taxed at the rate of five per cent _ad valorem_
Customs duty at the first port of entry with another 2.5 per cent
transit duty at one of the other ports through which the goods pass.
Besides these only landing duty is imposed upon imported goods at the
port of destination. Upon timber being shipped from Fengtien and Antung
to Peking, it has to pay duties at five different places, the total
amount of which aggregates 20 per cent of its market value, while timber
from America is taxed only ten per cent. Timber from Jueichow to Hankow
and Shanghai is taxed at six different places, the total amount of duty
paid aggregating 17.5 per cent., while timber imported from abroad to
these ports is required to pay Customs duty only one-third thereof. The
above-mentioned rates on native goods are the minimum. Not every
merchant can, however, obtain such special 'exemption,' without a long
negotiation and special arrangements with the authorities. Otherwise, a
merchant must pay 25 per cent of the market value of his goods as duty.
For this reason the import of timber into this country has greatly
increased within the last few years, the total amount of which being
valued at $13,000,000 a year. Is this not a great injustice to native
merchants?
THE CHINESE METHOD
"Respecting the improvement of the economic condition of the people, a
country can hardly attain this object without developing its foreign
commerce. The United States of America, Germany and Japan have one by
one abolished their export duty as well as made appropriations for
subsidies to encourage the export of certain kinds of commodities. We,
on the other hand, impose likin all along the line upon native
commodities destined for foreign markets in addition to export duty.
Goods for foreign markets are more heavily taxed than for home
consumption. Take the Chekiang silk for instance. Silk for export is
more heavily taxed than that for home use. Different rates of taxation
are imposed upon tea for foreign and home markets. Other kinds of native
products for export are also heavily taxed with the result that, within
the last two decades, the annual exports of this country are exceeded by
imports by over Tls. 640,000,000,000. From the 32nd year of the reign of
Kuang Hsu to the 4th year of the Republic, imports exceed exports on the
average by Tls. 120,000,000. These, figures speak for themselves.
LIKIN
"Likin stations have been established at places where railway
communication is available. This has done a good deal of harm to
transportation and the railway traffic. Lately a proposal has been made
in certain quarters that likin stations along the railways be abolished;
and the measure has been adopted by the Peking-Tientsin and
Tientsin-Pukow Railways at certain places. When the towns and cities
throughout the country are connected by railways, there will be no place
for likin stations. With the increase in the number of treaty ports, the
'likin zone' will be gradually diminished. Thencefrom the proceeds from
likin will be decreased year by year.
"Owing to the collection of likin the development of both home and
foreign trade has been arrested and the people are working under great
disadvantages. Hence in order to develop foreign and home trade the
Government must do away with likin, which will bring back business
prosperity, and in time the same will enable the Government to obtain
new sources of revenues.
"From the above-mentioned considerations, the Government can hardly
develop and encourage trade without the abolition of likin. By treaty
with Great Britain, America and Japan, the Government can increase the
rate of Customs tariff to cover losses due to the abolition of likin.
The question under consideration is not a new one. But the cause which
has prevented the Government from reaching a prompt decision upon this
question is the fear that, after the abolition of likin, the proceeds
from the increased Customs tariff would not be sufficient to cover the
shortage caused by the abolition of likin.
COST OF ABOLITION OF LIKIN
"But such a fear should disappear when the Authorities remember the
following facts:--
"(a) The loss as the result of the abolition of likin: $38,900,000.
"(b) The loss as the result of the abolition of a part of duty collected
by the native Customs houses: $7,300,000.
"(c) Annual proceeds from different kinds of principal and miscellaneous
taxes which shall be done away with the abolition of likin $11,800,000.
"The above figures are determined by comparing the actual amount of
proceeds collected by the Government in the 3rd and 4th years of the
Republic with the estimated amount in the Budget of the fifth year. The
total amount of loss caused by the abolition of likin will be
$58,000,000.
INCREASE OF CUSTOMS TARIFF
"The amount of increase in the Customs tariff which the Government
expects to collect is as follows:--(a) The increase in import duties
$29,000,000. (b) The increase in export duties Tls. 6,560,000.
"The above figures are determined according to the Customs returns of
the 2nd, 3rd, and 4th years of the Republic. By deducting Tls. 2,200,000
of transit duty, the net increase will be Tls. 33,600,000, which is
equal to $48,500,000. For the sake of prudence, allowance of five per
cent. of the total amount is made against any incidental shortage. The
net revenue thus increased would amount to $46,100,000. Against the loss
of $58,000,000, there will be a shortage of some $11,900,000. This,
however, will not be difficult to make good by new sources of revenue as
the result of a tariff revision:--(a) Tax on goods at the time of
manufacture $800,000. (b) Tax on goods at the time of sale $8,000,000.
(c) Tax on cattle and slaughtering houses $2,000,000. (d) Tax on
foodstuffs $4,000,000.
"Under (a) and (b) are the taxes to be collected on native made foreign
imitation goods and various kinds of luxurious articles. Under (c) and
(d) are taxes which are already enforced in the provinces but which can
be increased to that much by reorganizing the method of collection. The
total sum of the proceeds set forth under above items will amount to
$14,800,000. These will be quite sufficient to cover the loss caused by
the abolition of likin.
A VITAL INTEREST
"As the abolition of likin concerns the vital interest of the merchants
and manufacturers, it should be carried out without delay. The
commercial and industrial enterprises of the country can only thrive
after likin is abolished and only then can new sources of revenue be
obtained. This measure will form the fundamental factor of our
industrial and economical development. But one thing to which we should
like to call the special attention of the Government is the procedure to
be adopted to negotiate with the Foreign countries respecting the
adoption of this measure. The first step in this connection should be
the increase of the present Customs tariff to the actual five per cent
_ad valorem_ rate. When this is done, proposals should be made to the
Powers having treaty relations with us concerning the abolition of likin
and revision of Customs tariff. The transit destination duties on
imported goods should at the same time be done away with. This would not
entail any disadvantage to the importers of foreign goods and any
diplomatic question would not be difficult of solution. Meantime
preparatory measures should be devised for reorganizing the method of
collecting duties set forth above so that the abolition of likin can
take place as soon as the Government obtains the consent of the foreign
Powers respecting the increase of Customs tariff."
MEMORANDUM
THE LEADING OUTSTANDING CASES BETWEEN CHINA AND THE FOREIGN POWERS
(Author's note. The following memorandum was drawn up by Dr. C.C. Wu,
Councillor at the Chinese Foreign Office and son of Dr. Wu Ting-fang,
the Foreign Minister, and is a most competent and precise statement. It
is a noteworthy fact that not only is Dr. C.C. Wu a British barrister
but he distinguished himself above all his fellows in the year he was
called to the Bar. It is also noteworthy that the Lao Hsi-kai case does
not figure in this summary, China taking the view that French action
throughout was _ultra vires_, and beyond discussion.)
BY DR. C.C. WU
Republican China inherited from imperial China the vast and rich
territory of China Proper and its Dependencies, but the inheritance was
by no means free from incumbrances as in the case of Outer Mongolia,
Tibet and Manchuria, and other impediments in the form of unfavourable
treaty obligations and a long list of outstanding foreign cases
affecting sovereign and territorial rights.
I have been asked by the Editor of the _North-China Daily News_ to
contribute an article on some of the outstanding questions between China
and foreign powers, instancing Tibet, Manchuria, Mongolia, and to give
the Chinese point of view on these questions. Although the subject is a
delicate one to handle, particularly in the press, being as it is one in
which international susceptibilities are apt to be aroused, I have yet
accepted the invitation in the belief that a calm and temperate
statement of the Chinese case will hurt no one whose case will bear
public discussion but will perhaps do some good by bringing about a
clear understanding of the points at issue between China and the foreign
Powers concerned, and thus facilitating an early settlement which is so
earnestly desired by China. I may say that I have appreciated the
British sense of justice and fairplay displayed by the "North-China
Daily News" in inviting a statement of the Chinese case in its own
columns on questions one of which concerns British interests in no small
degree, and the discussion cannot be conducted under a better spirit
than that expressed in the motto of the senior British journal in the
Far East: "Impartial not Neutral."
1º MANCHURIA
The treaty between China and Japan of 1915 respecting South Manchuria
and Eastern Inner Mongolia giving that power special rights and
privileges in those regions has given rise to many knotty problems for
the diplomatists of the two countries to solve. Two of such problems are
mentioned here.
JAPANESE POLICE BOXES IN MANCHURIA AND MONGOLIA
Since the last days of the Tsings, the Japanese have been establishing
police boxes in different parts of South Manchuria and Eastern Inner
Mongolia always under protest of the local and Peking authorities. Since
the treaty of 1915, a new reason has become available in the right of
mixed residence given to Japanese in these regions. It is said that for
the protection and control of their subjects, and indeed for the
interest of the Chinese themselves, it is best that this measure should
be taken. It is further contended that the stationing of police officers
is but a corollary to the right of exterritoriality, and that it is in
no way a derogation of Chinese sovereignty.
It is pointed out by the Chinese Government that in the treaty of 1915,
express provision is made for Japanese in South Manchuria and Eastern
Inner Mongolia to submit to the police laws and ordinances and taxation
of China (Article 5). This leaves the matter in no doubt. If the
Japanese wish to facilitate the Chinese police in their duty of
protection and control of the Japanese, they have many means at their
command for so doing. It is unnecessary to point out that the
establishment of foreign police on Chinese soil (except in foreign
settlements and concessions where it is by the permission of the Chinese
Government) is, to our thinking, at any rate, a very grave derogation to
China's sovereign rights. Furthermore, from actual experience, we know
that the activities of these foreign police will not be confined to
their countrymen; in a dispute between a Chinese and a Japanese both
will be taken to the Japanese station by the Japanese policeman. This
existence of an imperium in imperio, so far from accomplishing its
avowed object of "improving the relations of the countries and bringing
about the development of economic interests to no small degree," will,
it is feared, be the cause of continual friction between the officials
and people of the two countries.
As to the legal contention that the right of police control is a natural
corollary to the right of exterritoriality, it must be said that ever
since the grant of consular jurisdiction to foreigners by China in her
first treaties, this is the first time that such a claim has been
seriously put forward. We can only say that if this interpretation of
exterritoriality is correct the other nations enjoying exterritoriality
in China have been very neglectful in the assertion of their just
rights.
In the Chengchiatun case, the claim of establishing police boxes
wherever the Japanese think necessary was made one of the demands. The
Chinese Government in its final reply which settled the case took the
stand as above outlined.
It may be mentioned in passing that in Amoy the Japanese have also
endeavoured to establish similar police rights. The people of that city
and province, and indeed of the whole country, as evidenced by the
protests received from all over China, have been very much exercised
over the matter. It is sincerely hoped that with the undoubted
improvement of relations between the two countries within the last
several months, the matter will be smoothly and equitably settled.
LEGAL STATUS OF KOREANS IN CHIENTAO
The region which goes by the name of Chientao, a Japanese denomination,
comprises several districts in the Yenchi Circuit of Kirin Province
north of the Tumen Kiang (or the Tiumen River) which here forms the
boundary between China and Korea. For over thirty years Koreans have
been allowed here to cultivate the waste lands and acquire ownership
therein, a privilege which has not been permitted to any other
foreigners in China and which has been granted to these Koreans on
account of the peculiar local conditions. According to reliable sources,
the Korean population now amounts to over 200,000 which is more than the
Chinese population itself. In 1909 an Agreement, known as the Tumen
Kiang Boundary Agreement, was arrived at between China and Japan, who
was then the acknowledged suzerain of Korea, dealing, inter alia, with
the status of these Koreans. It was provided that while Koreans were to
continue to enjoy protection of their landed property, they were to be
subject to Chinese laws and to the jurisdiction of Chinese courts. The
subsequent annexation of Korea did not affect this agreement in point of
international law, and as a matter of practice Japan has adhered to it
until September, 1915. Then the Japanese Consul suddenly interfered in
the administration of justice by the local authorities over the Koreans
and claimed that he should have jurisdiction.
The Japanese claim is based on the Treaty Respecting South Manchuria and
Eastern Inner Mongolia signed in May, 1915, article 5 of which provides
that civil and criminal cases in which the defendants are Japanese shall
be tried and adjudicated by the Japanese consul.
The Chinese view is that this article is inapplicable to Koreans in this
region and that the Tumen Kiang Agreement continues in force. This view
is based on a saving clause in article 8 of the Treaty of 1915 which
says that "all existing treaties between China and Japan relating to
Manchuria shall, except where otherwise provided for by treaty, remain
in force."
In the first place, the origin of the Tumen Kiang Agreement supports
this view. When the Japanese assumed suzerainty over Korea they raised
certain questions as to the boundary between China and Korea. There were
also outstanding several questions regarding railways and mines between
China and Japan. Japan insisted that the boundary question and the
railway and mining questions be settled at the same time. As a result,
two agreements were concluded in 1909 one respecting the boundary
question, the Tumen Kiang Agreement, and the other respecting railways
and mines whereby Japan obtained many new and valuable privileges and
concessions, such as the extension of the Kirin-Changchun Railway to the
Korean frontier, the option on the Hsinminfu-Fakumen line, and the
working of the Fushun and Yentai mines, while in return China obtained a
bare recognition of existing rights, namely the boundary between China
and Korea and the jurisdiction over the Koreans in the Yenchi region.
The two settlements were in the nature of quid pro quo though it is
clear that the Japanese side of the scale heavily outweighed that of the
Chinese. Now Japan endeavours to repudiate, for no apparent reason so
far as we can see, the agreement which formed the consideration whereby
she obtained so many valuable concessions.
Secondly, while Koreans are now Japanese subjects, it is contended by
the Chinese that the particular Koreans inhabiting the Yenchi region
are, as regards China, in a different position from Japanese subjects
elsewhere. These Koreans enjoy the rights of free residence and of
cultivating and owning land in the interior of China, rights denied to
other foreigners, including Japanese who, even by the new treaty, may
only lease land in South Manchuria. For this exceptional privilege, they
are subject to the jurisdiction of Chinese laws and Chinese courts, a
duty not imposed on other foreigners. It would be "blowing hot and cold
at the same time" in the language of English lawyers if it is sought to
enjoy the special privileges without performing the duties.
Thirdly, Japanese under the Treaty of 1915 are required to register
their passports with the local authorities. On the other hand, Koreans
in Yenchi have never been nor are they now required to procure
passports. This would seem to be conclusive proof that Koreans in that
region are not within the provisions of the treaty of 1915 but are still
governed by the Tumen Kiang Agreement.
The question is something more than one of academic or even merely
judicial importance. As has been stated, the Koreans in Yenchi outnumber
the Chinese and the only thing that has kept the region Chinese
territory in fact as well as in name is the possession by the Chinese of
jurisdiction over every inhabitant, whether Chinese or Korean. Were
China to surrender that jurisdiction over a majority of those
inhabitants, it would be tantamount to a cession of territory.
2º MACAO
The dispute between China and Portugal over the Macao question has been
one of long standing. The first treaty of commerce signed between them
on August 13, 1862, at Tientsin, was not ratified in consequence of a
dispute respecting the Sovereignty of Macao. By a Protocol signed at
Lisbon on March 26, 1887, China formally recognized the perpetual
occupation and government of Macao and its dependencies by Portugal, as
any other Portuguese possession; and in December of the same year, when
the formal treaty was signed, provision was made for the appointment of
a Commission to delimit the boundaries of Macao; "but as long as the
delimitation of the boundaries is not concluded, everything in respect
to them shall continue as at present without addition, diminution or
alteration by either of the Parties."
In the beginning of 1908, a Japanese steamer, the _Tatsu Maru_, engaged
in gun-running was captured by a Chinese customs cruiser near the
Kauchau archipelago (Nove Ilhas). The Portuguese authorities demanded
her release on the ground that she was seized in Portuguese territorial
waters thus raising the question of the status of the waters surrounding
Macao.
In the same year the Portuguese authorities of Macao attempted the
imposition of land tax in Maliaoho, and proposed to dredge the waterways
in the vicinity of Macao. The Chinese Government thereupon instructed
its Minister in France, who was also accredited to Portugal, to make
personal representations to the Portuguese Foreign Office in regard to
the unwarrantable action of the local Portuguese authorities. The
Portuguese Government requested the withdrawal of Chinese troops on the
Island of Lappa as a quid pro quo for the appointment of a new
Demarcation Commissioner, reserving to itself the right to refer to The
Hague Tribunal any dispute that may arise between the Commissioners
appointed by the respective Governments.
After protracted negotiations it was agreed between the Chinese Minister
and the Portuguese Government by an exchange of notes that the
respective Governments should each appoint a Demarcation Commissioner to
delimit the boundaries of Macao and its dependencies in pursuance of the
Lisbon Protocol and Article 2 of the Sino-Portuguese Treaty of 1887,
subject to the decision of their respective Governments.
THE PORTUGUESE CLAIM
In February, 1909, Portugal appointed General Joaquim Machado and China
Mr. Kao Erh-chien as their respective Commissioners and they met at
Hongkong in June of the same year.
The Portuguese claim consisted of the whole of the Peninsula of Macao as
far north as Portas do Cerco, the Island of Lappa, Green Island (Ilha
Verde), Ilhas de Taipa, Ilha de Coloane, Ilha Macarira, Ilha da
Tai-Vong-Cam, other small islands, and the waters of Porto Interior.
The Portuguese Commissioner also demanded that the portion of Chinese
territory between Portas de Cerco and Peishanling be neutralized.
In the absence of evidence, documentary or otherwise, China could not
admit Portugal's title to half the territory claimed, but was prepared
to concede all that part of the Peninsula of Macao south of Portas do
Cerco which was already beyond the limits of the original Portuguese
Possession of Macao, and also to grant the developed parts of Ilhas de
Coloane as Portuguese settlements. The ownership of territorial waters
was to remain vested in China.
The negotiations having proved fruitless were transferred to Lisbon but
on the outbreak of the Revolution in Portugal they were suspended. No
material progress has been made since.
3º TIBET
In November, 1911, the Chinese garrison in Lhassa, in sympathy with the
revolutionary cause in China, mutinied against Amban Lien-yu, a Chinese
Bannerman, and a few months later the Tibetans, by order of the Dalai
Lama, revolted and besieged the Chinese forces in Lhassa till they were
starved out and eventually evacuated Tibet. Chinese troops in Kham were
also ejected. An expedition was sent from Szechuan and Yunnan to Tibet,
but Great Britain protested and caused its withdrawal.
In August, 1912, the British Minister in Peking presented a Memorandum
to the Chinese Government outlining the attitude of Great Britain
towards the Tibetan question. China was asked to refrain from
dispatching a military expedition into Tibet, as the re-establishment of
Chinese authority would, it is stated, constitute a violation of the
Anglo-Chinese Treaty of 1906. Chinese suzerainty in regard to Tibet was
recognized. But Great Britain could not consent to the assertion of
Chinese sovereignty over a State enjoying independent treaty relations
with her. In conclusion, China was invited to come to an agreement
regarding Tibet on the lines indicated in the Memorandum, such agreement
to be antecedent to Great Britain's recognition of the Republic. Great
Britain also imposed an embargo on the communications between China and
Tibet via India.
In deference to the wishes of the British Government, China at once
issued orders that the expeditionary force should not proceed beyond
Giamda. In her reply she declared that the Chinese Government had no
intention of converting Tibet into another province of China and that
the preservation of the traditional system of Tibetan government was as
much the desire of China as of Great Britain. The dispatch of troops
into Tibet was, however, necessary for the fulfilment of the
responsibilities attaching to China's treaty obligations with Great
Britain, which required her to preserve peace and order throughout that
vast territory, but she did not contemplate the idea of stationing an
unlimited number of soldiers in Tibet. China considered that the
existing treaties defined the status of Tibet with sufficient clearness,
and therefore there was no need to negotiate a new treaty. She
expressed the regret that the Indian Government had placed an embargo on
the communications between China and Tibet via India, as China was at
peace with Great Britain and regretted that Great Britain should
threaten to withhold recognition of the Republic, such recognition being
of mutual advantage to both countries. Finally, the Chinese Government
hoped that the British Government would reconsider its attitude.
THE SIMLA CONFERENCE
In May, 1913, the British Minister renewed his suggestion of the
previous year that China should come to an agreement on the Tibetan
question, and ultimately a Tripartite Conference was opened on October
13, at Simla with Mr. Ivan Chen, Sir Henry McMahon, and Lonchen Shatra
as plenipotentiaries representing China, Great Britain, and Tibet,
respectively.
The following is the substance of the Tibetan proposals:--
1. Tibet shall be an independent State, repudiating the Anglo-Chinese
Convention of 1906.
2. The boundary of Tibet in regard to China includes that portion of
Sinkiang south of Kuenlun Range and Altyn Tagh, the whole territory of
Chinghai, the western portion of Kansuh and Szechuan, including
Tachienlu and the northwestern portion of Yunnan, including Atuntzu.
3. Great Britain and Tibet to negotiate, independent of China, new trade
regulations.
4. No Chinese officials and troops to be stationed in Tibet.
5. China to recognize Dalai Lama as the head of the Buddhist Religion
and institutions in Mongolia and China.
6. China to compensate Tibet for forcible exactions of money or property
taken from the Tibetan Government.
The Chinese Plenipotentiary made the following counter-proposals:--
1. Tibet forms an integral part of Chinese territory and Chinese rights
of every description which have existed in consequence of this integrity
shall be respected by Tibet and recognized by Great Britain. China
engages not to convert Tibet into a province and Great Britain not to
annex Tibet or any portion of it.
2. China to appoint a Resident at Lhassa with an escort of 2,600
soldiers.
3. Tibet undertakes to be guided by China in her foreign and military
affairs and not to enter into negotiations with any foreign Power except
through the intermediary of China but this engagement does not exclude
direct relations between British Trade Agents and Tibetan authorities as
provided in the Anglo-Chinese Convention of 1906.
4. Tibet to grant amnesty to those Tibetans known for their pro-Chinese
inclinations and to restore to them their property.
5. Clause 5 of Tibetan claims can be discussed.
6. Revision of Trade Regulations of 1893 and 1908, if found necessary,
must be made by all the parties concerned.
7. In regard to the limits of Tibet China claims Giamda and all the
places east of it.
THE BOUNDARY DEADLOCK
The British plenipotentiary sustained in the main the Tibetan view
concerning the limits of Tibet. He suggested the creation of Inner and
Outer Tibet by a line drawn along the Kuenlun Range to the 96th
longitude, turning south reaching a point south of the 34th latitude,
then in south-easterly direction to Niarong, passing Hokow, Litang,
Batang in a western and then southern and southwestern direction to
Rima, thus involving the inclusion of Chiamdo in Outer Tibet and the
withdrawal of the Chinese garrison stationed there. He proposed that
recognition should be accorded to the autonomy of Outer Tibet whilst
admitting the right of the Chinese to re-establish such a measure of
control in Inner Tibet as would restore and safeguard their historic
position there, without in any way infringing the integrity of Tibet as
a geographical and political entity. Sir Henry McMahon also submitted to
the Conference a draft proposal of the Convention to the
plenipotentiaries. After some modification this draft was initialled by
the British and Tibetan delegates but the Chinese delegate did not
consider himself authorized to do so. Thereupon the British member after
making slight concessions in regard to representation in the Chinese
Parliament and the boundary in the neighbourhood of Lake Kokonor
threatened, in the event of his persisting in his refusal, to eliminate
the clause recognizing the suzerainty of China, and ipso facto the
privileges appertaining thereto from the draft Convention already
initialled by the British and Tibetan plenipotentiaries. In order to
save the situation, the Chinese delegate initialled the documents, but
on the clear understanding that to initial and to sign were two
different things and that to sign he must obtain instructions from his
Government.
China, dissatisfied with the suggested division into an Inner and Outer
Tibet the boundaries of which would involve the evacuation of those
districts actually in Chinese effective occupation and under its
administration, though otherwise in accord with the general principles
of the draft Convention, declared that the initialled draft was in no
way binding upon her and took up the matter with the British Government
in London and with its representative in Peking. Protracted negotiations
took place thereafter, but, in spite of repeated concessions from the
Chinese side in regard to the boundary question, the British Government
would not negotiate on any basis other than the initialled convention.
On July 3 an Agreement based on the terms of the draft Convention but
providing special safe-guards for the interests of Great Britain and
Tibet in the event of China continuing to withhold her adherence, was
signed between Great Britain and Tibet, not, however, before Mr. Ivan
Chen had declared that the Chinese Government would recognize any treaty
or similar document that might then or thereafter be signed between
Great Britain and Tibet.
CHINA'S STANDPOINT
With the same spirit of compromise and a readiness to meet the wishes of
the British Government and even to the extent of making considerable
sacrifices in so far as they were compatible with her dignity, China has
more than once offered to renew negotiations with the British Government
but the latter has up to the present declined to do so. China wants
nothing more than the re-establishment of Chinese suzerainty over Tibet,
with recognition of the autonomy of the territory immediately under the
control of the Lhassa Government; she is agreeable to the British idea
of forming an effective buffer territory in so far as it is consistent
with equity and justice; she is anxious that her trade interest should
be looked after by her trade agents as do the British, a point which is
agreeable even to the Tibetans, though apparently not to the British; in
other words, she expects that Great Britain would at least make with her
an arrangement regarding Tibet which should not be any less
disadvantageous to her than that made with Russia respecting Outer
Mongolia.
Considering that China has claimed and exercised sovereign rights over
Tibet, commanded the Tibetan army, supervised Tibetan internal
administration, and confirmed the appointments of Tibetan officials,
high and low, secular and even ecclesiastical, such expectations are
modest enough, surely. At the present moment, with communication via
India closed, with no official representative or agent present, with
relations unsettled and unregulated, the position of China _vis-à-vis_
Tibet is far from satisfactory and altogether anomalous, while as
between China and Great Britain there is always this important question
outstanding. An early settlement in a reciprocal spirit of give and take
and giving reasonable satisfaction to the legitimate aspirations and
claims of all parties is extremely desirable.
4º OUTER MONGOLIA
The world is more or less acquainted with the events in Urga in
December, 1911, and the proclamation of independence of Outer Mongolia
with Jetsun Dampa Hutukhtu as its ruler. By the Russo-Chinese
Declaration of November 5, 1913, and the Tripartite Convention of
Kiakhta of 1914 China has re-established her suzerainty over Outer
Mongolia and obtained the acknowledgment that it forms a part of the
Chinese territory. There remains the demarcation of boundary between
Inner and Outer Mongolia which will take place shortly, and the
outstanding question of the status of Tannu Uriankhai where Russia is
lately reported to be subjecting the inhabitants to Russian jurisdiction
and expelling Chinese traders.
The Tannu Uriankhai lands, according to the Imperial Institutes of the
Tsing Dynasty, were under the control of the Tartar General of
Uliasutai, the Sain Noin Aimak, the Jasaktu Khan Aimak and the Jetsun
Dampa Hutkhta, and divided into forty-eight somons (tsoling).
Geographically, according to the same authority, Tannu Uriankhai is
bounded on the north by Russia, east by Tushetu Khan Aimak, west by the
various aimaks of Kobdo, and south by Jasaktu Khan Aimak. By a Joint
Demarcation Commission in 1868 the Russo Chinese boundary in respect to
Uriankhai was demitted and eight wooden boundary posts were erected to
mark their respective frontiers.
In 1910, however, a Russian officer removed and burnt the boundary post
at Chapuchi Yalodapa. The matter was taken up by the then Waiwupu with
the Russian Minister. He replied to the effect that the limits of
Uriankhai were an unsettled question and the Russian Government would
not entertain the Chinese idea of taking independent steps to remark the
boundary or to replace the post and expressed dissatisfaction with the
work of the Joint Demarcation Commission of 1868, a dissatisfaction
which would seem to be somewhat tardily expressed, to say the least. The
case was temporarily dropped on account of the secession of Uliasutai
from China in the following year.
While Uriankhai forms part of Autonomous Outer Mongolia, yet since Outer
Mongolia is under China's suzerainty, and its territory is expressly
recognized to form part of that of China, China cannot look on with
indifference to any possible cession of territory by Outer Mongolia to
Russia. Article 3 of the Kaikhta Agreement, 1915, prohibiting Outer
Mongolia from concluding treaties with foreign powers respecting
political and territorial questions acknowledges China's right to
negotiate and make such treaties. It is the firm intention of the
Chinese Government to maintain its territorial integrity basing its case
on historical records, on treaty rights and finally on the principle of
nationality. It is notorious that the Mongols will be extremely
unwilling to see Uriankhai incorporated into the Russian Empire. While
Russia is spending countless lives and incalculable treasure in fighting
for the sacred principle of nationality in Europe, we cannot believe
that the will deliberately violate the same principle in Asia.
INDEX
Abdication Edict of 1912, text of
Absolutism, the myth of
Agreement between the Revolutionary Party and Europe and Asia Trading Co.
America drops out of the Six-Power group
American press agents
treaty opening Korea
America's Chinese policy
Anglo-Japanese treaty
Annuity of Manchu Imperial Family
Antung-Mukden railway
Ariga, Dr.
Army Reorganization Council
"Articles of Favourable Treatment for the Manchus"
text of
Babachapu
Bannerman families
Belgian loan, the
Syndicate
Black Dragon Society, the
memorandum of
Black Dragon Society's review of European war issues
Boycott on Japanese commerce
Boxer Indemnities postponed
rebellion, the
and European intervention
British policies in China
position towards the Yuan Shih-kai régime
Cambaluc of Marco Polo, the
Canton province
Cassini Convention, the
Catholic, Roman, controversies
Central Government, organization of
Chang Cheng-wu, Gen.
execution of
Chang Chih-tung
Chang Hsun, Gen.
Chang Kuo-kan
Chang Tso-lin, Gen.
Chang, Tsung-hsiang
Chang Yao Ching and the Europe
and Asia Trading Co.
Chen Yi, Gen.
Chengchiatun incident, the
Chekiang revolts against Yuan Shih-kai
Chia Ching, emperor
Chiang Chao-tsung, Gen.
Chiang Chun, the
Ch'ien Lung, emperor
Chih Fa Chu, or Military Court, at Pekin
Chihli province
China,
and her foreign residents
and the Foreign Powers, outstanding
cases between
and the German submarine war
considers war with Germany
declares war against Germany
China's,
break with Germany, causes leading to
economics, weakness of
financial reorganization
future in Manchuria
Imperial Government, negativeness
disguised
indignation at Japan's ultimatum
note to Germany severing relations
neutrality position
new régime
passivity
polity, principles of
protest against submarine war
reception of Wilson's Peace note
reply to Demands of Japan
reply to Japan's ultimatum
reply to President Wilson
tariff question
Chinese army,
German trained
boycott of the French
intrigues in Korea
Ching, Prince
Chino-Japanese,
relations
secret alliance proposed
treaties of 1915, text of
Chinputang, the (Progressives)
_Chou An Hui_ (Society for the Preservation of Peace)
Chow Tzu-chi
Chu Chi-chun's telegram devising plans for electing Yuan Shih-kai as
Emperor
Ch'un, Prince Regent
Chungking, open port
Clausewitz, war-principle of
Conference of Governors on the war question
Confucian worship re-established by Yuan Shih-kai
Conquest,
Manchu, of XVIIth Century
Mongol, of XIIIth Century
Consolidating national debt
Constitution,
first granted in Japan
Permanent, work on
"Constitutional Compact"
of Yuan Shih-kai
text of
monarchy planned
Continental quadrilateral, the, of Japan
_Coup d'état_, the, of Sept., 1898
_Coup d'état_, the parliamentary of 1913
Crisp, Birch, attempts to float loan
Dane, Sir Richard
Death of Empress Lun Yi
Decree cancelling the Empire
Defence of the monarchial movement,
by Yang Tu
by Dr. Goodnow
_Dementi_, 1913, of Yuan Shih-kai
Diet of Japan, first summoned
Diplomatic relations with China broken
Distance in China, philosophy of
Eastern Asia, contestants for land-power in
Election,
of 1913
of Yuan Shih-kai as emperor, machinery of
the, of 1915
records ordered burnt
Electoral College, provision for
Emperor,
analysis of powers of
Chia Ching
Ch'ien Lung
Hsiaouri
Hsuan Tung
K'ang-hsi
Kwanghsu
Emperors, immurement of in Forbidden City
Empire, the dissolution of
Empress,
Lun Yi, death of
Tsu Hsi
Europe and Asia Trading Co., the
European War,
the, its effect in China
China's predilection for Teutonism
consideration of war-partnership with the Allies
Japan's opposition
German propaganda
Pres. Wilson's Peace Note
China's reply
the submarine question
note to Germany
reply to
America
Chinese diplomacy enters a new field
Japan's policies
China considers breaking diplomatic relations with Germany
Parliament's action
Germany's reply to China's note
diplomatic relations severed
German Minister leaves Pekin
Liang Ch'i-chao's Memorandum
Kang Yu-wei's Memorandum
Cabinet decides on war
interpellation to the Government
Parliament mobbed
Cabinet resigns
Japan's subterranean activities
note of the United States
war against Germany declared
Europeans failed to recognize true state of Chinese government
Feng Kuo-chang, Gen.
Fengtien, Manchurian province
Feudal organization of Japan
Finance,
between the provinces
the binding chain between provincial
and metropolitan China
Financial troubles
Foochow arsenal
Forbidden City, immurement of emperors in
Foreign Debt Commission
intervention threatened
loan, the first
loans
Foreigners in China, position of
Four-Power group, the
France's status after the war
Franco-Belgian Syndicate
French,
diplomacy in China
Republic, Goodnow review of
the, and the Lao-hsi-kai dispute
the, Chinese boycott of
Fuhkien province
German,
Boxer indemnity
diplomatic relations broken
minister leaves Pekin
negotiations with Yuan Shih-kai
propaganda in China
reply to China's protest
war declaration considered
Germany, war against declared
Germany's status after the war
Goodnow, Dr.
legal adviser of Yuan Shih-kai
memorandum of
Gordon, General
Government, the Central, definition of
Governmental system of the Manchu dynasty
Great Britain's status after the war
Hankow editor flogged to death
Hangchow, open port
Hanyang arsenal
Hanyehping Company, the
Heilungchiang, Manchurian province
Hioki, Dr., Japanese Minister
Hsianfu flight, the
Hsaiochan camp, the
Division, the
Hsiaowu, emperor
Hsuan Tung,
boy emperor
enthroned
_Huai Chun_, the
Huang Hsin
Hutuktu, the Living Buddha of Urga
Imperial Clan Society
Imperialist-Republican conflict of 1917
Inner Mongolia, political unrest in
Insurrection of the "White Wolfs"
International Debt Commission
financial contests
Interpellation to the government on
the question of war with Germany
Ito, Prince
Japan,
and Korea
and the Kiaochow campaign
demands participation in loan
demands the Kiaochow territory from Germany
feudal organization of
first Diet summoned
forced to revise the Twenty-one Demands
forecasts result of European War
formation of the Shogunate in
inquires as to the monarchial movement
militarism in
receives fugitive President Li Yuan-hung
recognizes Yuan Shih-kai as Dictator
socialism in
the new Far Eastern policy after Russian war
Japan-China secret alliance proposed
Japanese,
Constitution first granted
driven from Tong Kwan Palace
incident at Chengchiatun
intrigues
Liberalism vs. Imperialism
merchants and Lun Yat Sen, alleged secret agreement
war indemnity
war of 1894
Japan's,
activities in the Yangtsze Valley
account of the Chengchiatun incident
alarm at the Chinese revolution
animosity towards Yuan Shih-kai
attitude toward Yuan Shih-kai
Chinese policy
"Continental quadrilateral"
Doctrine of Maximum Pressure
Far East activities
German policy
government foundry at Wakamatsu
influence in China on European war question
influence on the monarchial election
influence over China's war measures
original Twenty-one Demands
Pekin Expeditionary Force
police rights in Manchuria
political history
pressure on Yuan Shih-kai
subterranean activities in China in 1916
ultimatum to China, 88-91; China's reply
ultimatum, China's indignation at
Twenty-four Demands
Jehol, mountain palaces of
Jung Lu, viceroy of Chihli
Kameio Nishihara
Kang Yu Wei
K'ang-hsi, emperor
Kato, Japanese Viscount
Kawasaki Kulanoske
Kiaochow campaign,
unpopularity of, in Japan
demanded by Japan
Kirin, Manchurian province
Kirin-Changchun railway
Kiushiu, island of
Ko-lao-hui, the, origin of
Korea, the opening of
Korean question, the
_Kowshing_, British steamer, sinking of
Kublai Khan
Kueichow province, revolt of
Kuomingtang, the
Kuo-ti,
the question of
Kwanghsu, emperor
Kwangsi province, revolt of
Kwangtung revolts against Yuan Shih-kai
Lansdowne, Lord
Lao-hsi-kai dispute, the
Legations in Pekin,
their attitude towards Yuan Shih-kai
inquire as to the monarchial movement
Li Hung Chang
Li Lieh-chun, Gen.
Li Yuan-hung
elected President
assumes the office
first presidential acts
monarchists plot against him
his early life and career
his position as to breaking diplomatic relations with Germany
he dissolves Parliament
escapes from Pekin
his important telegrams
Liang Ch'i-chao,
resigns from Ministry of Justice
his accusation of Yuan Shih-kai
his address to Yuan Shih-kai
opposes the movement
directs the Yunnan revolt
writes note to Germany on the submarine war
his Memorandum on the war question
upholds the Republic
Liang Shih-yi, political power of
_Likin_ taxation, introduction of
Liu-Kuan-hsiung
Loan Agreement,
details of
first foreign
foreign, struggles over
Local Government Law, draft of
Lu Yun Ting, Gen.
Lun Yi, empress, death of
Lung Chi-Kwang, Gen.
created Prince
Lung Yu, Empress
Mahommedan rebellions
Manchu conquest, the,
of XVIIth Century
dynasty, governmental system of
plots against
Imperial Family annuity
people, number and distribution
Manchuria,
Chinese domination of
Japan's intrigues in
Manchurian policy of the Twenty-One
Demands
Mandate of Cancellation,
the
Yuan Shih-kai's last
Manifesto of Gen. Tuan Chi-jui
Marco Polo
Marriage, immunity of Chinese women,
with Manchus
Meiji, Japanese Emperor
Memorandum,
of Dr. Goodnow
of policy of the Black Dragon Society
on Tariff Revision, draft of
Militarism in Japan
Military Governors,
independence of
attempt to coerce Parliament
leave Pekin
assemble in rebellion at Tientsin
party opposition to New Republic
Mining privileges demanded by Japan
Ministerial irresponsibility
Modern commercialism, invasion of
Monarchial movement,
Yang Tu's defence of
Dr. Goodnow's defence of
Monarchy adopts a new calendar
Monarchy vs. Republicanism, memorandum
by Dr. Goodnow
Monetary confusion in the new Republic
Money the bond of Chinese union
Mongol conquest, the, of XIIIth Century
Mongolian policy of the Twenty-one Demands
Nanking
Conference, the
Delegates
Provisional Constitution
National debt, consolidation of
Salvation Fund
Nationalists, the (Kuomingtang)
New calendar adopted
New Republic,
organization of
opposition of the Military party
Neutrality position of China
Ni Shih-chung, Gen.
Nineteen Articles, the, text of
Fundamental Articles, the
Oath of office, presidential
Outer Mongolia question
autonomy conceded to
"Palace of Generals"
Pamphlet of Yang Tu
Parliament,
composition of
provides for election of President
Radical members unseated
session of 1916
dissensions over dissolution
is dissolved
Parliamentary,
change by the "Constitutional Compact"
struggles
Peace note, President Wilson's, China's
reply to
Peace of Portsmouth
Pekin, distances from
Peking System vs. Manchu Dynasty
Permanent Constitution
draft of
Pinghsiang collieries
Presidential,
Election Law of 1913
oath of office
Succession Law, the
text of
Progressives, the (Chinputang)
Provincial capitals, influence and power of
financial system
system of government
Provisional Constitution of 1912,
text of
Nanking Constitution, the
Railway concessions demanded by Japan
construction, progress of, under Yuan Shih-kai
Rebellion of 1813
Referendum arranged for by Senate
Reform Edicts of 1898
Religious provisions of "The Constitutional Compact"
Reorganization loan, the
Republic proclaimed
recognition of by the Powers
Republic's anniversary, non-observance of
review of in Goodnow Memorandum
Republican-Imperialist Conflict of 1917
Restoration Edict of Hsuan Tung
Revolt of February, 1912
Revolution of 1911
effect on Japan
Revolutionary base at Hankow, Hanyang and Wuchang
Party and the Europe and Asia Trading Co. agreement
Rioting in Pekin
Russia demands participation in loan
recognizes the independence of Tibet
agrees to autonomy of Outer Mongolia
Russian loan, the
Russia's Chinese policy
rôle in the Far East
status after the war
Russo-Chinese Agreement of 1913, text of
Declaration, the
-Mongolian tripartite agreement of 1915, text of
Salt Administration, the
Santuao harbour
Secret society plots
Sectional dispute
Senate, rules of
Shanghai, specie hoarded at
Shansi Bankers
Shantung and the Twenty-One Demands
province, Yuan Shih-kai appointed governor
Shasi, open port
Shogunate, establishment of, in Japan
Six-Power group, the
Socialism in Japan
Society for the Preservation of Peace (Chou An Hui)
Soochow, open port
South Manchurian railway
Southern Confederacy formed
dissolution of
Rebellion, the
Special Constitutional Drafting Committee
Specie payment suspended in Pekin
Submarine war question
Sun Yat Sen, Dr.
his alleged secret agreement with Japan
Sung Chiao-jen, assassination of
Sungari River
Szechuan province revolts against Yuan Shih-kai
Taiping rebellion
Tanaka, Gen.
Taonanfu administration
Tariff reformation
Tax collection
Tayeh iron mines
Tibet, independence of recognized by Russia
Tieh Liang
Tientsin rebellion of the Military Governors
Tong Kwan Palace, the battle at
Tong Shao-yi
Treaty of Shimonoseki
Treaty-ports, economical effects of
Tsao-ao, Gen.
Tsao Ju-lin
Tsan Cheng Yuan, passes a "king-making" bill
Tseng Kuo-fan, Marquis
Tsung She Tang, the
Tuan Chi-jui, Gen.
Tung Fu-hsiang
Twenty-Four Demands,
Japan's revised
China's reply to
Twenty-One Demands of Japan
Japan forced to revise
the psychology of
China's reply to
Tzu-Hsi, Empress
United States, Goodnow's review of
Viceroy's, prerogatives of in Chinese government
Wai Chiao Pu conference
Wakamatsu, Japanese government foundry at
Wang Yi-tang
War memorandums
"White Wolfs," insurrection of
Wilson, President
Wu, C.C., Dr.
Wu Chang-ching, Gen.
Wu Ting-fang, Dr.
Yang Tu,
champion of neo-imperialists
publisher famous pamphlet
the pamphlet
Yangtsze Valley, Japanese activities in
Yuan Shih-kai
the bailiff of the Powers
his early life
first emerges into public view
in Seoul
appointed Imperial Resident at Seoul
leaves Korea
in command of Hsaiochan camp
refuses to depose Empress Tzu-Hsi
appointed Governor of Shantung
defeats the Boxers
made Viceroy of Chihli
reorganizes the army
made Grand Councillor and President of
the Board of Foreign Affairs
made "Senior Guardian of the Heir Apparent"
dismissed from Pekin
appointed Viceroy of Hupeh and Hunan
appointed President of Grand Council
schemes for the abdication of the Manchu Dynasty
attempted, assassination of
commissioned to organize the Republic
elected Provisional President
takes oath of office
negotiates the Reorganization loan
negotiates and controls the great foreign loan
suppresses the Southern rebellion
elected full President
unseats Radical members of Parliament
entices Vice-President to Pekin
position strengthened by death of
Empress Lun Yi
ruthless suppression of opposition
brings out the Constitutional Compact
promulgates the Presidential Succession law
creates a "Palace of Generals"
negotiates with Germany
animosity of Japan
his _démenti_ of
bribes the Japanese press
his Dictatorship recognized by Japan
the _précis_ of Japanese Minister's coercive conversation
reviewed in Black Dragon Society's Memorandum
intrigues of his family
he yields to advocates of monarchy
invokes services of Yang-tu
his interview with Gen. Feng Kuo-chang
his accusation by Liang Chi-chao
throws responsibility on the Senate
his Mandate for a referendum
elected Emperor
substitutes title of Emperor for President
refuses, then accepts the throne
the revolt of Yunnan
he rehearses court ceremonies
his position weakens
the communication from Liang Ch'i-chao
attempts to placate Japan
distributes patents of nobility
financial troubles
issues the Mandate of Cancellation
his retirement sought
he offers to resign
his death
his last mandate
his funeral
his policy towards the European War
Yunnan revolt of 1916