557
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a local official in the transaction of international matters exceed the limit of his powers, then his actions shall not be upheld.”
Inasmuch as Treaties are mutually agreed to by two Governments, the officers of the two Powers should observe their provisions, and cannot on their own authority alter or cancel them.
At the present time, according to the Treaties as well as the Shanghae Mixed Court Rules, these criminals should all be handed over to the Chinese authorities for trial and punishment by them, and therefore, of course, they should be immediately handed over according to Treaty regulation. Moreover, the intent of these criminals was to throw the whole Empire into disorder, and China in punishing these offenders not only punishes criminals guilty of seditious practices, but also gives peace to the country and protection to trade.
I make this communication to you, as senior Consul-General, with the request that you may in concert with your colleagues consider this matter, and that you will with all despatch hand over the criminals in accordance with the Treaty, and to the promotion of friendly relations.
I hope you will take prompt action in all these matters.
No. 36.
I am, &c.
Sir C. MacDonald to the Marquess of Lansdowne.--(Received November 9.)
(No. 115.)
(Telegraghic.) P.
Tokió, November 9, 1903.
IN February 1898, His Majesty's Government proclaimed its position as regards the Valley of the Yang-tsze, and the Japanese Government used almost identical terms in a despatch, dated the 21th April, dealing with Fuhkion.
But the Foreign Minister says that the idea had never occurred to him to bring up, in the present negotiations, the question of advantages in that province, as Mr. Hay imagines according to your Lordship's telegram No. 115.
31
action that would promise to serve Chica in this manner. There is no question that events reported as having happened at Moukden regarding the reoccupation of that town are not looked upon with friendly eyes by officials here, but so long as the United States' Government secures and retains trace in Manchuria it will not be drawn into the political complications of the present situation.
Immediately after his visit to the State Department, Sir Liang cabled to Peking the answer of Secretary Hay to China's appeal for assistance in checking Russia in Manchuria. The Peking authorities are aware by this time that until the ratification of the American- Chinese Treaty, which was signed on the 8th October, pledging to the world the opening of Moukden and Antung, it will he impossible for this Government, in view of its tradi- tional policy of steering clear of foreign alliances, to protest against Russia's continued occupation of Manchuria,
It has been pointed out to China that, although the sympathy of the United States is bers, the time for American interference has not yet come. It is expected that the Commercial Treaty, which should arrive at Washingtou this week, will be ratified at the extra session of Congress, when the United States will be in a position to insist on a strict regard for her Treaty rights throughout China. The Peking Government has been told that infringement by Russia of American Treaty rights in Manchuria will furnish to the Washington Government the opportunity for at least a reiteration of its desire for the preservation of the integrity of China.
Japan, it was learned to-night, has instituted a vigorous investigation regarding the extent and character of Russia's reoccupation of Moukden. Mr. Takahira, the Japanese Minister, when asked to-night whether Russia and Japan contemplated an understanding by which the one would obtain a free hand in Manchuria and the other important con- cessions in Corea, replied by cailing attention to a recent official announcement from Tokio that the negotiations at the Japanese capital between Russia and Japanese officials were, so far as Japan is concerned, strictly in accorn with the Anglo-Japanese alliance. Mr. Takahira has not been advised of any appeal from Russia to Japan, and he said to-night that his conference with Secretary Hay to-day coucerned another matter.
Washington, November 3, 1903.
No. 38.
(No. 304.) My Lord,
No.37.
Mr. Raikes to the Marquess of Lansdowne.---(Received November 13.)
Washington, November 3, 1903. WITH reference to my despatch No. 287, marked very Confidential, of the 8th ultimo, I have the honour to transmit an extract from the "New York Tribune," of to-day's date, respecting an interview between the Secretary of State and the Chinese Minister at this capital.
If the extract gives a correct account of what took place, Mr. Hay would seem to have repeated to Sir Chentung Liang what he said to me last month, viz, that as soon as the American Commercial Treaty was ratified the United States' Government would have a better locus standi lor remonstrating with Russia if American interests were interfered with by that Power.
I have, &c. (Signed)
Inclosure in No. 37.
ARTHUR S. RAIKES.
Extract from the "New York Tribune" of November 3, 1903.
He
SIR CHENTUNG LIANG CHENG, the Chinese Minister here, acting under instructions from his Government, has been particularly active recently in the effort to interest, the United States' Government in China's behalf in her Manchurian troubles. was at the State Department to-day in pursuit of that object, the direct purpose being to see if any way can be found by which the United States' Government may be able to serve China in this emergency.
It appears, however, that Secretary Hay has not been able to hit upon any plan of
Sir,
British and Chinese Corporation to Foreign Office.-(Received November 13.)
3, Lombard Street, E.C., November 11, 1903. WE beg leave to refer to your letter of the 21st ultimo, in which the Marquess of Lansdowne was so good as to inquire whether we have any observations to make respecting the representation made by the German Minister in Peking to Sir E. Satow that the German group desire to separate their interests in the Tien-tsin-Yang-tsze Railway from those of the British financiers.
We replied provisionally on the 23rd ultimo (copy annexed), and since then we have been in communication with our Berlin friends. The reply we have received is of a somewhat ambiguous and qualified nature. They state that there is no question of a separation of German interests from those of the English group, and that this suggestion of a dissolution of the partnership must be due to some misunderstanding, the seat and reason of which they are not in a position to judge of, although they attribute it to a wrong interpretation of telegrams which they will do their best to clear up.
They go on in their letter to express a wish, however, for separate contracts for the German and British sections of the line, but, nevertheless, preserving the unity of interests, which seems to us to be a contradiction.
Some time ago when the Germans wished for separate contracts and to break the partnership, we expressed our willingness to meet their wish subject to the condition that they declared their adherence to the Protocol of September 1898 and to the Chinese Government undertaking to give us a contract for the British section of the line on terms equally as good as they might have granted to the Germans.
The Chinese Imperial authorities have positively refused-
1. To grant separate agreements.
2. To fix the amount of the loan or to consider the question of the change of southern terminus pending the completion of the survey.
3. To give the Government guarantee to the loan.