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[This Document is the Property of His Britannic Majesty's Govern O.
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Company has been placed, even temporarily, in charge of the Russian Consulate- General at Harbin, for this step would make towards the further tendency-upon a theory which seems to us without foundation-to exercise authority under the Railway's Concession.
Turning now to the actual situation at Harbin, which is of such practical importance to Russia and of such great interest, in principle, to the United States, I have the honour to request that the Imperial Russian Government will kindly consider the suggestions made by the United States with a view to the attainment of order through a Municipal Administration based upon the Treaty rights of the foreign Powers. The fullest consideration of the subject impels me to urge that course instead of an undertaking to maintain government based directly or indirectly upon what we conceive to be the unsupported claim of administration under the Concession of the Railway Company.
In asking the serious consideration of this suggestion, therefore, I would point out also the fact that, inasmuch as the Russian residents are now in great preponderance at Harbin, the creation of a municipality, regularized under the Treaties and of unquestioned jurisdiction, would for the time being differ but little in practical effect from an Administration claiming authority through the railway graut. The arrange. ment suggested would, however, have the great advantage of being different in principle, in that it would exclude the claim of political rights under the Railway Concession. As your Excellency is aware, the recognition of such rights might have important and far-reaching consequences. Desiring to avoid these, the Government of the United States could not acquiesce in an arrangement whose potentiality might hereafter so seriously affect American citizens.
At our last interview, when there appeared so immaterial a divergence in our view of the subject, your Excellency was looking forward to full discussion of this matter with the Minister for Foreign Affairs upon your return to St. Petersburgh, This reflection makes me only the more secure in my expectation that ment will favourably receive a suggestion which is so evidently regardful of the
your Govern interests of all concerned, and so entirely consistent with the declared policy no less of Russia than of the United States and the other Powers having Treaties with China.
I avail, &c.
AFFAIRS OF CHINA.
CONFIDENTIAL.
[4902]
No. 1.
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[February
Rre 4 MAR 09. SECTION N
Sir J. Jordan to Sir Edward Grey.-(Received February 6, 1909.)
(No. 560. Confidential.) Sir,
Peking, December 14, 1908. I HAVE the honour to transmit to you herewith copies of two despatches from the Acting British Consul-General at Mukden respecting an Agreement which has been drawn up for the joint working of some coal mines near Mukden by Chinese and Japanese merchants, and which is to come into operation as soon as the approval of the Board of Commerce in Peking is obtained.
As pointed out by Mr. Willis, the terms of this Agreement are singularly favourable to the Chinese, and it is scarcely conceivable that any firm would have accepted such conditions had they not foreseen some prospect of evading them in practice,
Amongst other things, the Japanese Company binds itself to accept the existing mining Regulations, and any others which may be issued by the Chinese Government, and the whole undertaking is to be carried on in accordance with the mercantile law of China, any breach of which may entail as a penalty the closing of the mines. Chinese mercantile law, so far as it has any existence, rests merely upon custom, and the Japanese probably trust to their position in Manchuria to secure for them an inter- pretation of the Agreement which will enable the wines to be worked.
I have, &c. (Signed) J. N. JORDAN.
(Signed)
ELIHU ROOT.
(No. 75.) Sir,
Inclosure 1 in No. 1.
Arting Consul-General Willis to Sir J. Jordan.
Mukden, November 23, 1908. WITH reference to the despatch of His Majesty's Vice-Consul at Tairen to Sir Claude MacDonald, No. 66 of the 17th instant, I have the honour to report that, in the course of an interview yesterday with the Commissioner of the Foreign Office, I inquired as to how far an agreement had been reached for the joint working of the Pen-hsi-hu coal mines.
His reply was to the effect that the matter had been in progress of discussion for some time, but that no definite understanding had as yet been arrived at. He gave me to understand that the Chinese Government were by no means satisfied with the quality of the coal-it is apparently a very hard anthracite--and wished to procure an independent expert opinion. Two American mining experts were, he informed me, expected shortly in Mukden, and an effort was to be made to engage them.
The Japanese have during the past year heen engaged in developing this Pen- hsi-hu mine. There are, I have been informed, several hundreds of resident Japanese, and machinery of considerable value has been recently erected. Mr. Tao, however, expressed himself as being ignorant of the fact that the mines were being worked at present, and said that be thought no permanent machinery had yet been bought, and that the Japanese were prospecting only.
Pen-hsi-hu is on the Antung-Mukden Railway, distant about four hours from
Mukden
I have, &c. (Signed)
ROBERT WILLIS.
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