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over principles. This discussion finished, his Excellency, at my desire, detached that part of the Memorandum which contained the curiosities referred to above. The other was then accepted by us together with the counter-proposals.
Another week was spent in translating these counter-proposals, and then we resumed negotiations over the contents of the different Articles. As a rule we met twice a-week, but often less, Lien-tang being frequently unable to attend.
During the negotiations it became more and more apparent that the Chinese were anxiously endeavouring in every respect to procure an equal position for themselves in the Treaty, which caused us real difficulties, because on our side we were not able to grant China as much as China granted us. I have undoubtedly in a couple of instances reached the limits of what could be promised, but I do not think the limits have been passed, as the limits of my concessions were fixed by what was granted to the subjects of the most favoured nations.
Article 10 (regarding the right of extraterritoriality) took fourteen days in discus- sion. The cause of this delay was that, on the advice of Consul-General Bagge, I had made certain additions to the two clauses regarding procedure in both civil and criminal cases, in order to make clear the position in regard to the Mixed Court at Shanghae. This reference to an institution which has the right of extraterritoriality is a bitter pill to the Chinese, and it caused the liveliest opposition. The difficulty was overcome, however, in both cases by the inclusion of special conditions with reference to the most- favoured-nation treatment.
Article 30, referring to the right of treatment as a most favoured nation, also took fourteen days, because the Chinese wanted to add a clause which would have almost entirely neutralized the first clause. I strongly objected to this, to such an extent, in fact, that I was prepared to break the negotiations, which at this point were very difficult. I was conscious that the Chinese had nothing to lose and that this point was immaterial. A rapprochement was, however, brought about by making the intended restriction a condition, that if an advantage was conceded another Power under certain conditions As several such advantages could only be enjoyed if the conditions were fulfilled. incidents were brought forward as examples of French action in Yunnan, I took the opportunity, in order to localize the meaning of such conditions, to enter a clause on frontier trade, which is for us the more pertinent, as we have already made several concessions to our neighbours in Europe.
In accordance with the order of M. Hagberg's draft, I have to draw your attention to the following Articles :---
Article 14 in the draft regarding bonded warehouses is entirely covered by Article 4 in the new Treaty, and could therefore accordingly be excluded.
Draft Article 19, regarding the Chinese authorities' duty to police the rivers as a protection against pirates and to recover goods pirated, has to be excluded, because the Chinese wanted a reciprocal clause. In Article 6, however, a general clause was entered referring to mutual treatment of the High Contracting Parties' subjects as most favoured
nations.
Draft Article 22 is covered by Articles 4 and 13 in the new Treaty.
Draft Article 23 has been entirely excluded as unnecessary, and covered by Article 13 in the new Treaty.
Draft Articles 24, 25, and 26 are covered by Articles 4 and 13 in the new Treaty, and have been excluded because there was no further reason for negotiating only about these matters of the many stipulations which are found in the several Treaties concluded by China with foreign Powers,
The missionaries ought to have every reason to be satisfied with the wording of Article 12, which clearly recognizes their right to acquire real estate, buildings, churches, &c.
As the English text in most Treaties concluded with China leaves much to be desired, from the point of view of clear definition, I made an agreement with Mr. Campbell, the Chinese Secretary of the British Legation, to look over our text and also to ascertain its correctness as a transliteration of the Chinese text, which be did. It seems that the English text is taken as the basis in case of dispute, and for us, therefore, it is most important. I had wished that the Swedish text had been written by some one experienced in legal phraseology, but as a proposal to write the Swedish text in Stockholm and later on produce it for signature in Peking would have made the Chinese suspicious, I thought it best to prepare as good a text as possible on the spot. Of course there can be no objection to a revision of the Swedish text before publication,
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Finally, I made a proposition re an arbitration clause, referring all disputes arising out of the Treaty to The Hague Court of Arbitration. The Chinese seemed to be interested in the proposition, but thought it inopportune to prolong the conclusion of the Treaty. It was thought preferable to take the matter up later by the exchange of diplomatic notes.
At last the negotiations were advanced so far that the Treaty, ready in every respect, could be submitted to the Throne. This took place on the 30th June, and bis Excellency Lien-fang, who had carried on the negotiations, was appointed Plenipoten- tiary. The Treaty was signed on the 2nd July in the Wai-wu Pu. The Treaties are inclosed in Swedish, Chinese, and English.
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