This Document is the Property of His Britannic Majesty's Government.
567
C. O.
18960
IREC [April 18.] IRG 2 MAY 08:
AFFAIRS OF CHINA.
CONFIDENTIAL.
[13295]
No. 1.
SECTION 2.
Sir J. Jordan to Sir Edward Grey.-(Received April 18.)
(No. 109.) Sir,
Peking, March 4, 1908.
REFERRING to your telegram No. 42, and my reply No. 47 of the 25th February, I have the honour to transmit to you, herewith, a statement which has been furnished to me by M. Brederode, the Portuguese Chargé d'Affaires, respecting the seizure by the Chinese authorities of the Japanese steamer "Tatsu Maru" on the 6th February last. This seizure was made in consequence of an alleged infringement on the part of the vessel of the last paragraph of Article V of the Japanese Treaty of 1896, which gives to China the power to confiscate any Japanese ship unlawfully entering ports other than open ports, or carrying on clandestine trade along the coast or rivers of China.
The question at issue largely hinges upon the determination of the exact place of the seizure. The Portuguese Chargé d'Affaires, with whom I have had numerous interviews, and who has consulted me on every step he has taken, has produced what appears to me to be convincing evidence in favour of his contention that the incident occurred within Portuguese waters, and this view is also held by my Japanese colleague, who has made strong representations to the Wai-wu Pu for the immediate release of the vessel. The Foreign Customs, on the other hand, are, I understand, inclined to justify the act as having taken place in Chinese waters, but there seems little doubt that China has exceeded her legal powers in seizing the vessel.
As the Japanese Minister however admits, some allowance must be made for the excess of zeal in view of the revolutionary activity in the south, and the strong suspicion which prevails that arms and ammunition are reaching the malcontents from outside sources.
For the reasons stated in my telegram No. 47, it did not appear to me desirable that I should actively intervene in the matter, but on learning from His Majesty's Consul-General at Canton that there was a consignment of 1,700 tons of coal on board the "Tatsu Maru" belonging to Messrs. Butterfield and Swire, I caused representations to be made to the Wai-wu Pu on the 28th February for the immediate delivery of the coal. The Ministers took note of the request and said that steps would be taken in the matter, which was receiving their attention.
I at the same time instructed Mr. Mansfield to press the case locally. Yesterday evening the Japanese Minister informed me that the Wai-wu Pu had suggested to him that Admiral Moore should be asked to arbitrate the case. Baron Hayashi seemed to think that there might be some difficulty in acceding to this suggestion, as the important factor in the dispute—the determination of the locality—was a matter of fact, which could scarcely form the subject of arbitration. He said that he had warned the Wai-wu Pu in this sense, and for the moment I understood him to say that nothing need be done to inform Admiral Moore, who is due to leave Hong Kong for England on the 21st instant.
It will not, I trust, be considered out of place if I say that this offer on the part of the Chinese Government and the Canton Government, who have also doubtless been consulted, is a marked tribute of confidence and respect to Sir Arthur Moore such as has rarely been paid to any naval officer in China. "Admiral Moore has had a most difficult question to arrange with the Viceroy of Canton, and that he should have been selected immediately afterwards to decide a very important issue closely affecting the Canton Government shows the impression of justice and fair dealing which his attitude has made upon the Viceroy and the Central Government.
I have, &c.
(Signed) J. N. JORDAN.
[2921 -2]
This Document is the Property of His Britannic Majesty's Government.
567
C. O.
18960
IREC [April 18.] IRG 2€ MAY 08:
AFFAIRS OF CHINA.
CONFIDENTIAL.
[13295]
No. 1.
SECTION 2.
Sir J. Jordan to Sir Edward Grey.-(Received April 18.)
"
(No. 109.) Sir,
Peking, March 4, 1908. REFERRING to your telegram No. 42, and my reply No. 47 of the 25th February, I have the honour to transmit to you, herewith, a statement which has been furnished to me by M. Brederode, the Portuguese Chargé d'Affaires, respecting the seizure by the Chinese authorities of the Japanese steamer "Tatsu Maru
on the 6th February last. This seizure was made in consequence of an alleged infringement on the part of the vessel of the last paragraph of Article V of the Japanese Treaty of 1896, which gives to China the power to confiscate any Japanese ship unlawfully entering ports other than open ports, or carrying on clandestine trade along the coast or rivers of China.
The question at issue largely hinges upon the determination of the exact place of the seizure. The Portuguese Chargé d'Affaires, with whom I have had numerous interviews, and who has consulted me on every step he has taken, has produced what appears to me to be convincing evidence in favour of his contention that the incident occurred within Portuguese waters, and this view is also held by my Japanese colleague, who has made strong representations to the Wai-wu Pu for the immediate release of the vessel. The Foreign Customs, on the other hand, are, I understand, inclined to justify the act as having taken place in Chinese waters, but there seems little doubt that China has exceeded her legal powers in seizing the vessel.
As the Japanese Minister however admits, some allowance must be made for the excess of zeal in view of the revolutionary activity in the south, and the strong suspicion which prevails that arms and ammunition are reaching the malcontents from outside sources.
For the reasons stated in my telegram No. 47, it did not appear to me desirable that I should actively intervene in the matter, but on learning from His Majesty's Consul-General at Canton that there was a consignment of 1,700 tons of coal on board the "Tatsu Maru" belonging to Messrs. Butterfield and Swire, I caused representa- tions to be made to the Wai-wu Pu on the 28th February for the immediate delivery of the coal. The Ministers took note of the request and said that steps would be taken in the matter, which was receiving their attention.
I at the same time instructed Mr. Mansfield to press the case locally. Yesterday evening the Japanese Minister informed me that the Wai-wu Pu had suggested to him that Admiral Moore should be asked to arbitrate the case. Baron Hayashi seemed to think that there might be some difficulty in acceding to this suggestion, as the important factor in the dispute--the determination of the locality- was a matter of fact, which could scarcely form the subject of arbitration. He said that he had warned the Wai-wu Pu in this sense, and for the moment I understood him to say that nothing need be done to inform Admiral Moore, who is due to leave Hong Kong for England on the 21st instant.
It will not, I trust, be considered out of place if I say that this offer on the part of the Chinese Government and the Canton Government, who have also doubtless been consulted, is a marked tribute of confidence and respect to Sir Arthur Moore such as has rarely been paid to any naval officer in China. "Admiral Moore has had a most difficult question to arrange with the Viceroy of Canton, and that he should have been selected immediately afterwards to decide a very important issue closely affecting the Canton Government shows the impression of justice and fair dealing which his attitude has made upon the Viceroy and the Central Government.
I have, &c. (Signed) J. N. JORDAN.
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[2921 -2]
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