To-day, however, on my taking an opportunity of inquiring whether he had been able to consult his Government, he replied that it was difficult to explain so intricate a question within the limits of a telegram, and that he intended to write to Berlin. It is for this reason that I have ventured to trouble your Lordship with this despatch.
My American colleague, with whom I have conversed on the subject, has told me that he is in agreement with me on both points, namely, that the Annex to the Protocol does not provide for proxies, and that the appointment of Consular officers as members of the Board is not desirable.
As your Lordship's telegram No. 84 expressed a doubt whether it was necessary to press the matter, I have abstained from bringing it before the Diplomatic Body, and my conversations with Mr. Conger and with Baron von Mumm, as well as the private letter which followed, were all anterior to the receipt of your Lordship's instructions.
I have, &c.
(Signed)
ERNEST SATOW.
Page 383
it was not desirable that any of them should be members, because actions against the Board would have to be brought before the Court of Consuls. This objection still holds good (see Article 24 of the Règlement). We provided, however, in the constitution that they should elect two of the members, so that in that way they are already indirectly represented. I myself incline to the belief that the Board would work more smoothly if there were none but business men on it. We put, however, the Taotai and Commissioner of Customs on it because that was the easiest way of providing for a Chinese representation. As far as Great Britain is concerned, her representative has always been a merchant.
Lastly, I would suggest that as the Government representatives have to be designated annually, it would in future save the Diplomatic Body some trouble if the announcement were made by the Consul of the Governments entitled to appoint direct to the Chairman of the Board, when once it has been completely organized.
Yours sincerely,
(Signed) ERNEST SATOW.
Inclosure 1 in No. 1.
Baron von Mumm to M. Czikann.
Kaiserlich Deutsche Gesandtschaft, Pékin, le 3 Mai, 1904
M. le Doyen et cher Collègue,
EN me référant à la lettre du 30 Janvier, 1902, par laquelle j'ai informé votre Excellence que le Consul-Général d'Allemagne à Shanghai, M. Knappe, avait été désigné provisoirement par mon Gouvernement comme son représentant dans le Conseil Fluvial pour l'amélioration du Whangpoo, j'ai l'honneur de porter à votre connaissance que depuis M. Knappe a été délégué définitivement comme membre et l'ingénieur Schellhoss comme membre suppléant du Conseil susmentionné.
En priant votre Excellence de vouloir bien porter ce fait à la connaissance de nos honorables collègues, je saisis, &c.
(Signé) G. MUMM,
(Private.)
Inclosure 2 in No. 1.
Sir E. Satow to Baron von Mumm.
My dear Colleague,
Peking, May 13, 1904. WITH reference to our conversation of yesterday afternoon about the appointment of M. Schellhoss as "membre suppléant," to take the place of the German representative on the Conservancy Board whenever the latter is absent or unable to attend, I cannot help thinking that this nomination has been made without consulting the text of Annex 17. There are several reasons drawn from the wording of the Règlement which seem to me against such a nomination.
1. No provision is made for the creation of "membre suppléant" in Article 4. The only case in which the absence of a member is provided for is that of the President or Vice-President (in Article 9). The mention of these seems to imply the exclusion of all others.
2. If a Government member can be present by proxy, so, it would seem, can any other, and if you examine the list I think you will find that this would be a very inconvenient arrangement. It would mean practically doubling the number of the Board; sometimes a "titulaire" might be present, sometimes his "suppléant," and there would be no continuity in the transaction of business.
3. Article 11 provides that four members shall form a quorum, which seems to imply that if a member of the Board is absent, he shall not be represented by any one else.
Personally I am not in favour of having Consuls on the Board. You will remember that when the establishment of the Board was being discussed at Shanghae in 1899, the Consular Body expressed the opinion, in a letter of the 27th January of that year, addressed by M. Valdez, senior Consul, to the Shanghae Chamber of Commerce, that
2
To-day, however, on my taking an opportunity of inquiring whether he had been able to consult his Government, he replied that it was difficult to explain so intricate a question within the limits of a telegram, and that he intended to write to Berlin. It is for this reason that I have ventured to trouble your Lordship with this despatch.
My American colleague, with whom I have conversed on the subject, has told me that he is in agreement with me on both points, namely, that the Annex to the Protocol does not provide for proxies, and that the appointment of Consular officers as members of the Board is not desirable.
As your Lordship's telegram No. 84 expressed a doubt whether it was necessary to press the matter, I have abstained from bringing it before the Diplomatic Body, and my conversations with Mr. Conger and with Baron von Mumm, as well as the private letter which followed, were all anterior to the receipt of your Lordship's instructiona.
I have, &c.
(Signed)
ERNEST SATOW.
3
383
it was not desirable that any of them should be members, because actions against the Board would have to be brought before the Court of Consuls. This objection still holds good (see Article 24 of the Règlement). We provided, however, in the constitution that they should elect two of the members, so that in that way they are already indirectly represented. I myself incline to the belief that the Board would work more smoothly if there were none but business meu on it. We put, however, the Taotai and Commissioner of Customs on it because that was the easiest way of providing for a Chinese representation. As far as Great Britain is concerned, her representative has always been a merchant.
Lastly, I would suggest that as the Government representatives have to be designated annually, it would in future save the Diplomatic Body some trouble if the announcement were made by the Censula of the Governments entitled to appoint direct to the Chairman of the Board, when once it has been completely organized.
Yours sincerely, (Signed) ERNEST SATOW.
Inclosure 1 in No. 1.
Baron von Mumm to M. Czikann.
Kaiserlich Deutsche Gesandtschaft, Pékin, le 3 Mai, 1904
M. le Doyen et cher Collègue,
EN me référant à la lettre du 30 Janvier, 1902, par laquelle j'ai informé votre Excellence que le Consul-Général d'Allemagne à Shanghai, M. Knappe, avait été désigné provisoirement par mon Gouvernement comme son représentant dans le Conseil Fluvial pour l'amélioration du Whangpoo, j'ai l'honneur de porter à votre connaissance que depuis M. Knappe a été délégué définitivement comme membre et l'ingénieur Schellhoss comme membre suppléant du Conseil susmentionné.
En priant votre Excellence de vouloir bien porter ce fait à la connaissance de nos honorables collègues, je saisis, &c.
(Signé) G. MUMM,
(Private.)
Inclosure 2 in No. 1.
Sir E. Satow to Baron von Mumm.
My dear Colleague,
Peking, May 13, 1904. WITH reference to our conversation of yesterday afternoon about the appointment of M. Schellhoss as "membre suppléant," to take the place of the German represen- tative on the Conservancy Board whenever the latter is absent or unable to attend, I cannot help thinking that this nomination has been made without consulting the text of Annex 17. There ar several reasons drawn from the wording of the Règlement which seem to me against such a nomination.
1. No provision is made for the creation of "membre suppléant" in Article 4. The only case in which the absence of a member is provided for is that of the President or Vice-President (in Article 9). The mention of these seems to imply the exclusion of all others.
2. If a Government member can bs present by proxy, so, it would seem, can any other, and if you examine the list I think you will find that this would be a very incon- venient arrangement. It would mean practically doubling the number of the Board; sometimes a titulaire" might be present, sometimes his suppléant," and there wvuld be no continuity in the transaction of business.
3. Article 11 provides that four members shall form a quorum, which seems to imply that if a member of the Board is absent, he shall not be represented by any one else.
Personally I am not in favour of having Consuls on the Board. You will remember that when the establishment of the Board was being discussed at Shanghae in 1899, the Consular Body expressed the opinion, in a letter of the 27th January of that year, addressed by M. Valdez, senior Consul, to the Shanghae Chamber of Commerce, that
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