[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
No. 1.
27
[January 15.]
SECTION 1.
Memorandum by Mr. Somers Cocks respecting Movement of Grain and the Ratification of the New Commercial Treaty.
SIR E. SATOW reports, in his despatch No. 351 of the 19th October, that in view of the frequent violations by the Chinese authorities of the provisions of Section 3 of Rule 5 attached to the Treaty of Tieu-tsin, and to prevent their continuance, he suggested to the Chinese the immediate putting into force of Article XIV of the New Commercial Treaty regulating the procedure to be observed in cases where it might be wished to prohibit the movement of grain from one port to another in China.
Prince Ching in replying, said: "The Board (i.e., of Foreign Affairs) beg leave to observe that although this Treaty has been signed by the Plenipotentiaries of Great Britain and China, it has not yet received the assent of other Treaty Powers, and it is not possible therefore to put it into operation in advance. As soon as negotiations with the various Powers have been concluded and Treaties signed, action will, of course, be taken in accordance with their provisions."
This observation appears to have been left unanswered.
Prince Ching may have meant---
(1.) All the Treaty Powers.
(2.) All the Signatory Powers of the Peace Protocol.
(The Chinese language probably does not admit of distinguishing between the two ideas, and the Chinese character happens in the present case to have been translated "Treaty.")
1. In Article XIV of the Treaty no mention is made of the assent of other Treaty Powers, which is only necessary in the case of the li-kin and morphia Articles (Nos. VIII and XI), because there sacrifices are required from the Powers to make the provisions feasible. Therefore, should the Treaty be ratified, we shall be entitled to claim that all its Articles, with those two exceptions, should come into force at once.
A certain doubt may have arisen in consequence of Sir J. Mackay's note to the Chinese Commissioners of the 19th August, 1902; but the words used therein, are: "His Majesty's Government when they come to ratify it (i.e., the Treaty) shall either ratify it as a whole or reject it entirely." This was only meant to mean, and only does mean, that His Majesty's Government will not accept only the parts of the Treaty they like, while keeping the Chinese Government bound to those parts and themselves rejecting the provisions less favourable to British interest.
The idea of securing what at first sight seems an unnecessary engagement from Great Britain, occurred to the Chinese in consequence of the partial ratification of the Chefoo Convention of 1876, which was due to a subsequent Agreement made in 1885. This partial ratification has been a source of endless trouble to Chinese officials, as they have in the past in their local disputes with foreigners constantly based (in all innocence) their contention on the original text of Treaty, only to find subsequently that the part they have appealed to is unratified and, therefore, invalid.
It is possible the Chinese may now say that the whole Treaty is now a bargain, and that until they get their increased import duties, they are not morally bound to the other parts of the Treaty. But it was most clearly understood at the time that though the li-kin and import duty arrangement was a bargain, the other parts were concessions from China made in pursuance of Article XI of the Peace Protocol, and therefore part of the conditions on which the Chinese had been granted peace.
2. It might perhaps be contended that, as the Treaty was made in pursuance of Article XI of the Protocol all the Powers who signed that Protocol, are entitled to a say in our Treaty. The paragraph dealing with the matter runs as follows:-
"Le Gouvernement Chinois s'est engagé à négocier les amendements jugés utiles par les Gouvernements étrangers aux Traités de Commerce et de Navigation, et les autres sujets touchant aux relations commerciales dans le but de les faciliter."
It will be seen that no mention is made of simultaneous action on the part of the Powers, or that the validity of the Treaty made by one Power is dependent on the consent of all the other signatory Powers.
[1817 p-1]
Page 30
Page 31
[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
No. 1.
27
[January 15.]
SECTION 1.
Memorandum by Mr. Somers Cocks respecting Movement of Grain and the Ratification of the New Commercial Treaty.
SIR E. SATOW reports, in his despatch No. 351 of the 19th October, that in view of the frequent violations by the Chinese authorities of the provisions of Section 3 of Rule 5 attached to the Treaty of Tieu-tsin, and to prevent their continuance, he suggested to the Chinese the immediate putting into force of Article XIV of the New Commercial Treaty regulating the procedure to be observed in cases where it might be wished to prohibit the movement of grain from one port to another in China.
Prince Ching in replying, said: "The Board (ie., of Foreign Affairs) beg leave to observe that although this Treaty has been signed by the Plenipotentiaries of Great Britain and China, it has not yet received the assent of other Treaty Powers, and it is not possible therefore to put it into operation in advance. As soon as negotiations with the various Powers have been concluded and Treaties signed, action will, of course, be taken in accordance with their provisions."
This observation appears to have been left unanswered.
Prince Ching may have meant---
(1.) All the Treaty Powers.
(2.) All the Signatory Powers of the Peace Protocol.
(The Chinese language probably does not admit of distinguishing between the two ideas, and the Chinese character happens in the present case to have been translated "Treaty.")
1. In Article XIV of the Treaty no mention is made of the assent of other Treaty Powers, which is only necessary in the case of the li-kin and morphia Articles (Nos. VIII and X1), because there sacrifices are required from the Powers to make the provisions feasible. Therefore, should the Treaty be ratified, we shall be entitled to claim that all It was clearly its Articles, with those two exceptions, should come into force at once.
A certain doubt may understood at the time of the negotiations that that was so. have arisen in consequence of Sir J. Mackay's note to the Chinese Commissioners of the 19th August, 1902; but the words used therein, are: "His Majesty's Government when they come to ratify it (ie., the Treaty) shall either ratify it as a whole or reject it entirely." This was only meant to mean, and only does mean, that His Majesty's Government will not accept only the parts of the Treaty they like, while keeping the Chinese Government bound to those parts and themselves rejecting the provisions less favourable to British interest.
The idea of securing what at first sight seems an unnecessary engagement from Great Britain, occurred to the Chinese in consequence of the partial ratification of the Chefoo Convention of 1876, which was due to a subsequent Agreement made in 1885. This partial ratification has been a source of endless trouble to Chinese officials, as they have in the past in their local disputes with foreigners constantly based (in all innocence) their contention on the original text of Treaty, only to find subsequently that the part they have appealed to is unratified and, therefore, invalid.
It is possible the Chinese may now say that the whole Treaty is now a bargain, and that until they get their increased import duties, they are not morally bound to the other parts of the Treaty. But it was most clearly understood at the time that though the li-kin and import duty arrangement was a bargain, the other parts were concessions from China made in pursuance of Article XI of the Peace Protocol, and therefore part of the conditions on which the Chinese had been granted peace.
2. It might perhaps be contended that, as the Treaty was made in pursuance of Article XI of the Protocol all the Powers who signed that Protocol, are entitled to a say in our Treaty. The paragraph dealing with the matter runs as follows:-
"Le Gouvernement Chinois s'est engagé à négocier les amendements jugés utiles par les Gouvernements étrangers aux Traités de Commerce et de Navigation, et les autres sujets touchant aux relations commerciales dans le but de les faciliter."
It will be seen that no mention is made of simultaneous action on the part of the Powers, or that the validity of the Treaty made by one Power is dependent on the consent of all the other signatory Powers.
[1817 p-1]
Page 30Page 31
No comments yet.
Private notes are available after approval.