526
6
in an injury to the good relations which exist between his Excellency Ting and yourself.
We herewith return the original letter, with the hope that you will favour us with another. But should you be unable to do so, we can do nothing but abide by your decision.
With apologies and best wishes.
Cards inclosed: CH'EN CHU LUN.
CHEN CHIH FEN.
Note. The letter to his Excellency Ting, which was returned by Messrs. Chen on the 11th January, was readdressed and forwarded by post on the 12th instant.
(Translation.) Sir,
Inclosure 7 in No. 1.
Prince Ch'ing to Sir J. Jordan.
Peking, January 10, 1907. I HAVE the honour to acknowledge the receipt of your Excellency's note of the 31st December respecting the refusal of the Governor of Shansi to issue a permit to the Peking Syndicate to open mines in the Ping-ting Chou district, as provided by their Agreement, and making a claim, under instructions from His Majesty's Govern- ment, on behalf of the Syndicate for damages at the rate of 2001. a-day from the 1st January, 1907, for every day's delay in the issue of the permit. (Note of the 31st December quoted at length.)
I have the honour to observe, in reply, that the Peking Syndicate, from the time when their Agreement was signed, made no immediate effort to survey the mining area, but, on the contrary, waited for several years until China had raised a loan for the purpose of railway construction, and had made a line up to that district before they thought it worth their while, and regarded it as a sufficiently profitable undertaking. They then pressed for immediate permission to start work. But in his letter to the Governor of Shansi in the year before last, Mr. Jamieson, Agent-General of the Syndicate, provoked a general feeling of popular hostility by saying that the mining rights of the locality must belong exclusively to the Syndicate, and that the people of the place must not be allowed to work mines.
The Governor strongly apprehended that the feeling thus aroused might bring about a rising of the people, and he consequently did not feel prepared to issue the permit forthwith. The Syndicate, in their mining ventures in Honan, complied with their Agreement, and started work at an early date. They therefore received their permit to work there a long time ago.
It may be seen from this that the Peking Syndicate in their Shansi (undertakings have in point of fact been themselves delaying, and that, moreover, by trying to corner the market, they have aroused public hostility.
Under these circumstances the Chinese Government can accept no responsibility, and is certainly not prepared to recognize the claim for damages at 2001. per diem from the 1st January, 1907.
I trust therefore that your Excellency will take note of this reply and communicate it to His Majesty's Government.
7
ment that the delay in regard to their Shansi undertakings is due to the Syndicate themselves.
To show that this statement is inaccurate, and that there has been no undue delay on the part of the Syndicate, I am obliged to trouble your Highness with the following facts
The object of the Peking Syndicate in obtaining the Shansi Concession was not to enter into competition with existing native mines to supply the local demand, but to open mines on a large scale for the transport of the produce by railway to distant markets. On the 26th April, 1898, before the Shansi Agreement was signed, the Syndicate entered into a separate Agreement with the Russo-Chinese Bank, whereby they waived their claim (under Article 17 of the Shansi Agreement) to construct a branch line from the Ping-ting Chou mines to connect with the Pei-han trunk line in favour of the Russian Chêng-t'ai Railway. This separate Agreement was concluded at the request and in the presence of the late Viceroy, Li-Hung Chang, and a copy of the English version thereof is inclosed for your Highness' information. The date of commencing work in Shansi depended, therefore, on the construction of the Chêng-tai Railway, which was delayed by causes entirely beyond the control of the Peking Syndicate.
Your Highness mentions popular hostility, but I must remind you that Sir E. Satow, in a note of the 26th November, 1905, warned the Chinese Government of the agitation against the Syndicate which was being fomented in Honan and Shansi, similar in character to other agitations elsewhere in China against foreign railway enterprises and trade privileges, and added that the agitation could not exist without official support or tolerance.
It is not possible for the Chinese Government to evade responsibility for the wrongful acts of their Agents. I have the honour to repeat that, in accordance with the instructions of His Majesty's Government, the claim of the Peking Syndicate for damages at the rate of 2001. a-day for each day's delay in the issue of the permit in respect of the Ping-ting Chou coalfields alone began on the 1st January last; that the rate of compensation will be increased above 2001. a-day after a certain period; and that the Chinese Government will be held responsible for the payment of the claim.
I avail, &c. (Signed) J. N. JORDAN.
0
Inclosure 8 in No. 1.
I avail, &c.
Sir J. Jordan to Prince Ch'ing.
Your Highness,
Peking, January 18, 1907. I AM in receipt of your Highness' note of the 10th January, in which it is stated that, after the signing of the Shansi Agreement, the Peking Syndicate made no imme- diate effort to survey a mining area in Ping-ting Chou, but waited for several years until China had built a railway to that district; and your Highness argues from that state-
No comments yet.
Private notes are available after approval.