ME VEDEN TO TAKE por vet
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To sum up, your theory is that the country should be partitioned according to the river systenus; now my principle is that it will be more just to decide the boundary according to whether such and such a place is or is not under the jurisdiction of the respective Governments,
Thus, as you state that you cannot admit Chinese jurisdiction anywhere beyond the watershed, so I cannot abandon the country beyond the watershed or regard it as not being within Chinese jurisdiction.
But you are apprehensive that our Fu Yi along the border are so incompetent that in the future they will not have the power to govern the country, and that serious injury to the frontier districts may result.
You therefore propose, after the precedent of the triangle in Meng Mao (known as the Nam Wan assigned tract), to take over the government of this tract of country under a perpetual lease, so as to avoid such complications. The sum paid by way of rent would be banded over to the Chinese officials to be distributed at their entire discretion to the Chinese Chiefs, by way of compensation.
This is a well-considered and far-sighted proposal, designed to establish our inter- national relations on a firm and harmonious basis.
But on this occasion I, in fact, received instructions only to examine the frontier. I have no power to delimit it, and I cannot therefore take upon myself the sole responsibility of agreeing to your proposal; but having regard to the terms of your despatch, I shall report the whole matter, as set forth above, to his Excellency the Viceroy of Yunnan for transmission to the Board (..., of Foreign Affairs in Peking) and for instructions in reply.
We then, upon receipt of instructions, can proceed to an amicable negotiation on the matter.
At the end of your despatch you mention that on the occurrence of proceedings in connection with the boundary the map has usually been scaled by both parties; that on this occasion, though we had no power to demarcate, the map has none the less been sealed by us; that, however, this circumstance must not be taken as evidence that we have come to a definite agreement as to the frontier, but is merely intended to verify the accuracy of the map. On this point I agree to act as you propose, and, while making the above general reply to your communication, I have to request you to take
note of its contents.
(Translation.)
Inclosure 16 in No. 1.
Acting Consul Litton to Taotai Shih.
(Seal of Taotai Shih.)
Tengyueh, June 3, 1905.
I HAD the honour yesterday to receive your most lucid reply to my despatch on the subject of the northern frontier; the energetic manner in which your Honour on this occasion braved the inclement weather and the difficulties of the country, quite regardless of fatigue, in your zeal for the public service, has excited my sincere respect.
You rightly state that we neither of us had power to delimit this northern section of the frontier, and therefore cannot on our own responsibility make any definite promises regarding it.
But I fear there were one or two points in my despatch which I did not make quite clear. As this may cause some misunderstanding, I must address you some further explanations.
In your reply to me, in the first place you speak of the N Maikha River as not being subject to the control of Myitkyina in Burmah. But in fact the Myitkyina official has administered the lower reaches of the N'Maikha for a distance of over 30 miles, and for the last ten years; the people pay taxes, and there is a military post (Loi Ngu) near the river. It is true that the upper part of the N'Maikha is not administered, but the native tribes come and make representations about their affairs to the Deputy Commis- sioner, and he deals with them. Thus it cannot be said that the N'Maikha is not controlled by Burmah. Again, referring to your Headmen's certificates of succession,
*This expression of the Tactai's approval is important.-G. L.
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you state that you have yourself examined these documents, and that they bear the seal of the Board, and therefore cannot be forgeries.
But I did not in the least mean to indicate that they were forgeries. Even if they had not been sealed by the Board I should have been willing to accept your Honour's assurance that they were genuine. My meaning was that when these certificates were first issued, the high authorities of your Government, being at an exceedingly great distance off, had no means of verifying the statements of the Headmen on which the certificates were based, and that these statements were probably incorrect and exaggerated.
Thirdly, referring to the examination of the Hpare Headmen by Mr. Leveson, you state that your deputy, Mr. Tai, although he was present, did not understand the Kachin language, and therefore was unaware what the evidence given really was, and that he had not made further inquiries.
But while the joint examination of these Headmeu was being carried on I too was present, and can state that the Headmen were able to speak Chinese. Mr. Leveson examined them in their own language, and then I questioned them in Chinese, and their statements in the two languages agreed. The real fact is that Mr. Tai refused to put any question to them. His statement to you must therefore be disregarded.
Then, again, you state that you summoned and examined certain Headmen from Tzu Chu, &c., but I am unable to accept this evidence. We were engaged on a joint investigation, and evidence of this kind ought therefore to be taken jointly. Statements made in this way to one party only are inadmissible; besides, the statements of the Tzu Chu leadmen were also taken by Mr. Leveson and Mr. Tai in concert.
It is true that I have put down in my despatch evidence concerning the tribes on the Ngaw Chang which was taken by Mr. Leveson alone without any of your officers ; but the reason of this was that your Honour bad already left Pien Ma in company with myself for the Salween, and none of your deputies or Headmen dared go down to the Ngaw Chang with Mr. Leveson. Thus there was no chance of holding a joint inquiry, so I put down the evidence of these Headmen as it was given to Mr. Leveson. But is this not to be compared with the one-sided statements which you have reported? Again, you state that, if you accept the frontier-lines which I propose, your Headmen will lose much of the territory which they control.
But if you accept the watershed as the frontier, it is only a matter of giving up some 400 families of very poor Kaching; this cannot be called much. In the Mengiao triangle there are more than this.
Not only is Burmah not desirous of wrongfully occupying territory, but is also unwilling that China should suffer any loss in this connection. If the watershed which I indicate is accepted as the watershed, then neither Burmah nor Yunnan will be put to any extraordinary expense; but if we were to accept the line indicated by your Honour, Burman would have to establish at least three military posts at a charge of some 40,000 taels, and China would have to raise some 200 or 300 troops to be stationed in this country to keep the peace, which would cost at least 20,000 taels a-year, so that both parties would be put to a heavy charge. If your Government is not willing to station troops there, then it is clear that you wish to usurp the rights of sovereignty but are unwilling to undertake its responsibilities, and this is just what my Government cannot agree to. I would request you to be so good as to represent these points to the high provincial authorities.
(Card, &c., of G. Litton.)
P.S.-In my former despatch there is another point which I forgot to mention. If the watershed is accepted as the frontier on the northern section all the inhabitants of the border, Chinese or non-Chinese without distinction, will be allowed to pass the frontier, as usual, for the purpose of trading, without being subjected to vexations restrictions. The Government of Burmah has always attached much importance to international trade; not ouly do we not put obstacles in the way of merchants, but we are only too glad to see as many of them as possible in our territory.
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