2
The Portuguese statement of the case is set forth in the accompanying Memorandum, which has been prepared by M. Brederode, the Secretary of the Legation. So far as Lappa is concerned, the Portuguese claim is based largely upon an opinion expressed by Sir Robert Hart in 1887, but the Inspector-General of Customs was dealing with the question from a fiscal rather than a national point of view, and his views would scarcely be accepted as binding upon the Chinese Government, who, indeed, seem to have rejected them at the time.
M. Brederode's arguments with regard to the extent of the "dependencies" of Macao would, I fear, carry still less conviction to the minds of the Chinese, and, in this connection, I would invite your attention to Sir John Walsham's despatch No. 76 of the 9th November, 1887, which contains a very interesting and instructive account of the negotiations which preceded the Portuguese Treaty of the 1st December of that year.
It was with the greatest reluctance, and only because there was no other means of obtaining the consent of Portugal to the opium legislation inaugurated in that year at Hong Kong, that the Chinese Government eventually agreed to the introduction of the word "dependencies" in the Lisbon Protocol, but when the Portuguese negotiator afterwards attempted in his Treaty to give concrete expression to the vagueness of the term by defining the limits of Macao in the sense indicated by M. Brederode, he was obliged to abandon the task as impracticable, and there is no reason to believe that either the central or local authorities would, in the present state of Chinese feeling, be more disposed to compromise territorial claims now than they were twenty years ago when the consciousness of nationality had not yet made itself felt.
From informal conversations which I have had on the subject with his Excellency Tong Shoa-yi, who is himself a native of the locality and has an intimate knowledge of the conditions obtaining at Macao, I am not very sanguine that much can be done at present to effect a complete adjustment of the vital differences which separate Portugal and China in this question. A modus vivendi which will tide over matters until the irritation arising out of the "Tatsu Maru" case has calmed down, and a more favourable opportunity presents itself for arriving at a permanent settlement.
Acting upon the suggestion contained in the last paragraph of your telegram No. 91 of the 23rd instant, I sounded the Wai-wu Pu this afternoon as to whether mediation on our part would be acceptable to the Board.
Liang Ta-jên, the only Minister present, accepted the proposal in very good part, and said that he personally would gladly welcome our friendly intervention, but that he would have to consult his colleagues before giving a definite reply.
He added that feeling ran very high on both sides at present, and that there was a disposition to view every move with suspicion. Delimitation afforded, he thought, the only prospect of a solution.
I enclose a tracing of Macao and the neighbourhood, which may be of some slight assistance in elucidating the question at issue.
I have, &c.
(Signed)
J. N. JORDAN
Peking, 34th year, 4th month, 19th day (May 18, 1908).
Page 3
Inclosure I in No. 1.
Wai-wu Pu to Baron Sendal.
(Translation.) Sir,
YOUR Excellency has made repeated verbal representations to the Board with reference to the stationing of over 100 soldiers by the Viceroy at Canton at Lao Wang Ho Shan (Wung Kum) near the customs station at Kung Pei (Lappa) and requested that, in accordance with the second Article of the Treaty, as the delimitation of the boundaries at this place had not yet been concluded the Viceroy should be directed to telegraph to withdraw the troops. The Board thereupon telegraphed to the Viceroy calling for a Report on the matter and are now in receipt of the following reply:-
"Lao Wang Ho Shan (Wung Kum), also called the Island of Hêng Ch'iu (Hêng Kin), is situated to the south-west of Shih Tzu Mên (Che Tze Men). East of Hêng Ch'in, across the strait, is Chiu Ao Shan (Kieou Ngo Chan). North of Hêng Ch'in, and separated from it by the sea, is Wa Kang Ling, and still further north beyond Wa Kang Ling are the two small islands known as Ma Liu Chou, consisting of two islands known respectively as the large and the small island, the former lying to the west and the latter to the east. It is on this small island that the customs station of Lappa is situated. Both these islands are within the jurisdiction of Hsiang Shan Hsien and under the regulations hitherto in force the Sub-Prefect of Chien Shan used to station a detachment of the troops under his command there for police purposes. As I am at present engaged in the reorganization of the Police Administration I gave special instructions to the Sub-Prefect of Chien Shan to ascertain the position of the old military post existing in 1887 and station additional troops there in accordance with the provision contained in the second Article of the Treaty that 'so long as the delimitation of the boundaries is not concluded everything with respect to them shall remain as at present without addition, diminution, or alteration by either of the Parties.'"
The Board have the honour to observe that the second Article of the Treaty of 1887 between China and Portugal provides: "So long as the delimitation of the boundaries is not concluded everything with respect to them shall remain as at present without addition, diminution, or alteration by either of the Parties." The islands near the customs station of Lappa are under the jurisdiction of Hsiang Shan Hsien and the stationing of troops there by the Sub-Prefect of Chien Shan was in accordance with the practice existing in 1887, at the time when the Treaty was concluded, and under that Treaty no alteration should be made until the delimitation of the boundaries has been concluded. The instructions issued by the Viceroy, in pursuance of his scheme for the reorganization of the police system, that troops should be stationed at the old military post were, therefore, in accordance with Treaty and the Board are unable to order the withdrawal of the troops.
In sending this note for your Excellency's information I avail, &c.
(Signed)
Prince CHING.
Peking, 34th year, 4th month, 23rd day (May 22, 1908).
(Translation.) Sir,
Inclosure 2 in No. 1.
Wai-wu Pu to Baron Sendal.
IN their note of the 18th instant, replying to a communication from your Excellency, the Board had the honour to state that as the place near Kung-pei (Lappa) where China has stationed troops was already a military station at the time when the Treaty of 1887 between China and Portugal was concluded they could not order the withdrawal of the troops.
I am now in receipt of the following telegram from the Viceroy at Canton :---- "The Treaty of 1887 between China and Portugal provides that so long as the delimitation of the boundaries is not concluded, everything in respect of them shall continue as at present without addition, diminution, or alteration by either of the Parties. Since the conclusion of the Treaty, however, Portugal has repeatedly made alterations in the boundaries--always in the form of additions. Prior to Kuang-hsü 28 (1897-8) the boundary extended to Stui Keng-wei in Macao, and Wang Hsia, and other villages, seven in all, in San Pa Mên, paid grain tax in Hsiang Shan Hsien. After this date the Portuguese authorities in Macao compelled them to pay rent.
"Of recent years the Portuguese authorities have required fishing boats anchoring in the river at Wan Tzû to obtain permits under pain of detention and fines.
"The river at Yin Kêng has long been an anchorage for Chinese gunboats but recently Portuguese gunboats have forced their way there to make investigations. At the beginning of this month three oyster boats belonging to Tung Kuan Hsien arrived there; the Portuguese ordered them to pay fees for a permit, and on this demand being refused on the ground that it was contrary to the regulations hitherto in force, suddenly detained the boats and arrested the crews.
"The Portuguese are at present erecting buildings and constructing additional barracks at Chiu Ao (Colowan),
"Formerly floating marks (buoys) were placed in the middle of the river between Macao and Wan Tzu, but after the Tatsu Maru' affair the Portuguese removed these
Page ...
2
The Portuguese statement of the case is set forth in the accompanying Memo- randum, which has been prepared by M. Brederode, the Secretary of the Legation. So far as Lappa is concerned, the Portuguese claim is based largely upon an opinion expressed by Sir Robert Hart in 1887, but the Inspector-General of Customs was dealing with the question from a fiscal rather than a national point of view, and his views would scarcely be accepted as binding upon the Chinese Government, who, indeed, seem to have rejected them at the time.
M. Brederode's arguments with regard to the extent of the "dependencies" of Macao would, I fear, carry still less conviction to the minds of the Chinese, and, in this connection, I would invite your attention to Sir John Walsham's despatch No. 76 of the 9th November, 1887, which contains a very interesting and instructive account of the negotiations which preceded the Portuguese Treaty of the 1st December of that year.
It was with the greatest reluctance, and only because there was no other means of obtaining the consent of Portugal to the opium legislation inaugurated in that year at Hong Kong, that the Chinese Government eventually agreed to the introduction of the word "dependencies" in the Lisbon Protocol, but when the Portuguesc negotiator afterwards attempted in his Treaty to give concrete expression to the vagueness of the term by defining the limits of Macao in the sense indicated by M. Brederode, he was obliged to abandon the task as impracticable, and there is no reason to believe that either the central or local authorities would, in the present state of Chinese feeling, be more disposed to compromise territorial claims now than they were twenty years ago when the consciousness of nationality had not yet made itself felt.
From informal conversations which I have had on the subject with his Excellency Tong Shoa-yi, who is himself a native of the locality and has an intimate knowledge of the conditions obtaining at Macao, I am not very sanguine that much can be done at present to effect a complete adjustment of the vital differences which separate Portugal and China in this question. modus vivendi which will tide over matters until the irritation arising out of the It may, however, be possible to arrive at some "Tatsu Maru" case has calmed down, and a more favourable opportunity presents itself for arriving at a permanent settlement.
Acting upon the suggestion contained in the last paragraph of your telegram No. 91 of the 23rd instant, I sounded the Wai-wu Pu this afternoon as to whether mediation on our part would be acceptable to the Board.
Liang Ta-jên, the only Minister present, accepted the proposal in very good part, and said that he personally would gladly welcome our friendly intervention, but that he would have to consult his colleagues before giving a definite reply.
He added that feeling rau very high on both sides at present, and that there was a disposition to view every move with suspicion. Delimitation afforded, he thought, the only prospect of a solution.
1 inclose a tracing of Macao and the neighbourhood, which may be of some slight assistance in elucidating the question at issue.
I have, &c.
(Signed)
Inclosure I in No. 1.
Wai-wu Pu to Baron Sendal.
J. N. JORDAN.
Peking, 34th year, 4th month, 19th day (May 18, 1908).
(Translation.) Sir,
YOUR Excellency has made repeated verbal representations to the Board with reference to the stationing of over 100 soldiers by the Viceroy at Canton at Lao Wang Ho Shan (Wung Kum) near the customs station at Kung Pei (Lappa) and requested that, in accordance with the second Article of the Treaty, as the delimitation of the boundaries at this place had not yet been concluded the Viceroy should he directed to telegraph to withdraw the troops. The Board thereupon telegraphed to the Viceroy calling for a Report on the matter and are now in receipt of the following reply:-
"Lao Wang Ho Shan (Wung Kum), also called the Island of Hêng Ch'iu (Hêng Kin), is situated to the south-west of Shih Tzu Mên (Che Tze Men). East of Hêng Ch'in, across the strait, is Chiu Ao Shan (Kieou Ngo Chan). North of Hêng Ch'in,
3
and separated from it by the sea, is Wa Kang Ling, and still further north beyond Wa Kang Ling are the two small islands known as Ma Liu Chou, consisting of two islands known respectively as the large and the small island, the former lying to the west and the latter to the east. It is on this small island that the customs station of Lappa is situated. Both these islands are within the jurisdiction of Hsiang Shan Hsien and under the regulations hitherto in force the Sub-Prefect of Chien Shan used to station a detachment of the troops under his command there for police purposes. As I am at present engaged in the reorganization of the Police Administration I
gave special instructions to the Sub-Prefect of Ch'ien Shan to ascertain the position of the old military post existing in 1887 and station additional troops there in accordance with the provision contained in the second Article of the Treaty that 'so long as the delimitation of the boundaries is not concluded everything with respect to them shall remain as at present without addition, diminution, or alteration by either of the Parties.'
123
The Board have the honour to observe that the second Article of the Treaty of 1887 between China and l'ortugal provides:
"So long
Parties," The islands near the customs station of Lappa are under the jurisdiction of Hsiang Shan Hsien and the stationing of troops there by the Sub-Prefect of Chien Shan was in accordance with the practice existing in 1887, at the time when the Treaty was concluded, and under that Treaty no alteration should be made until the delimitation of the boundaries has been concluded. The instructions issued by the Viceroy, in pursuance of his scheme for the reorganization of the police system, that troops should he stationed at the old military post were, therefore, in accordance with Treaty and the Board are unable to order the withdrawal of the troops.
In sending this note for your Excellency's information I avail, &c.
(Signed)
(Translation.)
Sir,
Inclosure 2 in No. 1.
Wai-wu Pu to Baron Sendal,
Prince CHING.
Peking, 34th year, 4th month, 23rd day (May 22, 1908).
IN their note of the 18th instant, replying to a communication from your Excellency, the Board had the honour to state that as the place near Kung-pei (Lappa) where China has stationed troops was already a military station at the time when the Treaty of 1887 between China and Portugal was concluded they could not order the withdrawal of the troops.
I am now in receipt of the following telegram from the Viceroy at Canton :---- "The Treaty of 1887 between China and Portugal provides that so long as the delimitation of the boundaries is not concluded, everything in respect of them shall continue as at present without addition, diminution, or alteration by either of the Parties. Since the conclusion of the Treaty, however, Portugal has repeatedly made alterations in the boundaries--always in the form of additions. Prior to Kuang-hsü 28 (1897-8) the boundary extended to Stui Keng-wei in Macao, and Wang Hsia, and other villages, seven in all, in San Pa Mên, paid grain tax in Hsiang Shan Hsien. After this date the Portuguese authorities in Macao compelled them to
pay rent.
"Of recent years the Portuguese authorities have required fishing boats anchoring in the river at Wan Tzû to obtain permits under pain of detention and fines.
"The river at Yin Kêng has long been an anchorage for Chinese gunboats but recently Portuguese gunboats have forced their way there to make investigations. At the beginning of this month three oyster boats belonging to Tung Kuan Ilsien arrived there; the Portuguese ordered them to pay fees for a permit, and on this demand being refused on the ground that it was contrary to the regulations hitherto in force, suddenly detained the boats and arrested the crews.
"The Portuguese are at present erecting buildings and constructing additional barracks at Chiu Ao (Colowan),
"Formerly floating marks (buoys) were placed in the middle of the river between Macao and Wan Tzu, but after the Tatsu Maru' affair the Portuguese removed these
[1865 n-2]
B 2
283
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