EXCHANGES OF NOTES Memorandum handed by the Japanese Minister to Dr. Chen Chintao, Acting Minister of Foreign Affairs The Imperial Government of Japan feels that the unfortunate Chengchiatun incident, occurring all of a sudden at a time when the relations between Japan and China have recently greatly improved, and [when] their mutual friendship has, just then, marked the beginning of a new era, is a matter of deep regret. It having made a careful investigation of the facts from all sides, is sincerely hoping for the rendition of an equitable decision based thereon. In a word, the present case arose out of the provocation on the part of the Chinese soldiers. Furthermore, the fact that the Japanese forces were invested and attacked by the Chinese soldiers admits of no doubt. Hence, it can not be questioned but that the matter is a serious one. The Imperial Government, however, paying great regard to the relations between Japan and China, feels compelled to present this memorandum with a view to settling the case in dispute in a peaceful manner. The Chinese Government is called upon immediately to effect the following provisions: Punishment of the general commanding the 28th Division. The dismissal of all Chinese military officers responsible for this incident as well as the severe punishment of those who took direct part in the fracas. Proclamations to be posted enjoining the whole body of the Chinese troops stationed in South Manchuria and Eastern Inner Mongolia, to refrain from again provoking the Japanese forces, or soldiers, or other Japanese subjects, by either word, or act; such proclamation to be also widely published by all Chinese officials functioning in those regions for the general information of the public. To agree that the Japanese Government may, with a view to the protection and government of the Japanese subjects in South Manchuria and Eastern Inner Mongolia, send Japanese police officers to function at those places where considered to be necessary; also let the Chinese officials in South Manchuria employ more Japanese to serve as police advisers. The following are optional with the Chinese Government: Every Chinese army headquarter stationed in South Manchuria and Eastern Inner Mongolia to employ a certain number of Japanese military officers as advisers. Chinese military cadet schools to employ a certain number of Japanese military officers as instructors. The Tu Chun of Fengtien Province to pay a personal visit, and to apologize to both the Government of Kwantung and Japanese ConsulGeneral in Mukden. Adequate compensation to be paid to the sufferers or their families. Note verbale handed by the Japanese Minister to the Chinese Peking, the 5th day of the 1st month of the 6th year of Taisho. The statement that if the Chinese Government should employ foreign advisers on military affairs in South Manchuria, Japanese will be employed first, etc., has been made in the note dated May 25th of the 4th year of the Republic of China, annexed to the treaty respecting South Manchuria and Eastern Inner Mongolia.1 As the employment of Japanese military advisers will facilitate mutual understanding between the military authorities of the two countries, and further as there is no doubt that this will help to prevent various troubles which may arise out of misunderstanding, the Imperial Government entertain the hope that the Chinese Government will continuously employ Japanese military advisers. However, it is not proper for the Imperial Government to insist upon this matter since it concerns the military affairs of the Chinese Government, and should, therefore, be left to the discretion of the Chinese Government. Reply Peking, the 12th day of the 1st month of the 6th year of the Republic of China. The Minister of Foreign Affairs has the honor to acknowledge the receipt of the Japanese Minister's Note Verbale of January 5, stating that 1 1 Supplement to this JOURNAL, January, 1916 (vol. 10), p. 13. (Japanese note repeated) The Minister of Foreign Affairs has to state that there is a Japanese military adviser already engaged in the Tuchun's Yamen at Fengtien. The note verbale is noted. Note verbale handed by the Japanese Minister to the Chinese Peking, the 5th day of the 1st month of the 6th year of Taisho. The Imperial Government hopes the Chinese Government will employ a number of Japanese military officers to be instructors in military cadet schools. This is aimed at helping the training of military officers who will in the future be appointed to the various localities in Manchuria and Mongolia, and also to enlighten the spirit of friendship between China and Japan. Thus, it may be expected that unfortunate incidents like the Chengchia Tun case will not occur again and that the root of trouble may be exterminated permanently. However, it is not proper for the Imperial Government to insist upon this matter since it concerns the military affairs of the Chinese Government, and should, therefore, be left to the discretion of the Chinese Government. Reply Peking, the 12th day of the 1st month of the 6th year of the Republic of China. The Chinese Minister of Foreign Affairs has the honor to acknowledge the receipt of the Japanese Minister's note verbale of January 5th, stating that (Japanese note repeated) The Minister of Foreign Affairs has to state that hitherto the military cadets school has employed only officers of the national army as instructors and there is at present no intention of employing any foreigner. Note verbale handed by the Japanese Minister to the Chinese Minister of Foreign Affairs In an aide memoire handed by the Japanese Minister to (Dr.) Chen, late Minister of Foreign Affairs, on October 18, 1916, it was stated that in consequence of the operation of the treaty respecting South Manchuria and Eastern Inner Mongolia the Japanese subjects traveling and residing at those places will increase in number and the Imperial Government, with a view to controlling and protecting those Japanese subjects, consider it necessary to increase the establishment of police stations, of which the Chinese Minister of Foreign Affairs is already aware. The Imperial Government consider that the said demand, in the event of its withdrawal, will expose the Japanese subjects visiting and residing at those places to danger, thus causing trouble and giving rise to serious complications with Chinese officials and citizens. Inasmuch as it is the duty of the Imperial Government to protect Japanese subjects and its right to control them, not only it cannot view such occurrences with indifference, but, in view of the friendly relations of the two nations, it also deems it its duty to take precautionary measures. As the stationing of Japanese police officers is but a corollary of the right of extraterritoriality, not to speak of the fact that it does not in the least prejudice Chinese sovereignty, it will help to improve the relations of the officials and people of the two countries and bring about the development of economic interests to no small degree. Therefore the Imperial Government is convinced that the Chinese Government will, without doubt, give its consent, and the Imperial Government has to add that, while the Chinese Government is making up its mind and withholding its consent, the Imperial Government will nevertheless be constrained to carry it into effect in case of necessity. Dated the fifth day of the first month of the Sixth Year of Taisho. The Minister of Foreign Affairs has the honor to acknowledge the receipt of the Japanese Minister's Note Verbale of January 5, stating that (Japanese note repeated) In reply the Minister of Foreign Affairs has to state that: Whereas by virtue of the new Chino-Japanese treaty 1"Japanese subjects shall be free to reside and travel in South Manchuria and to engage in business and manufacture of any kind whatsoever"; and the Japanese and Chinese may jointly undertake agricultural enterprise and industries incidental thereto in Eastern Inner Mongolia, the Chinese Government, in anticipation of the gradual increase in number of the Japanese subjects, therefore caused to be stipulated in Article 5 of the said treaty that the Japanese subjects in South Manchuria and Eastern Inner Mongolia shall submit to the Chinese police laws and ordinances, so as to enable the Chinese police to effectively discharge the functions of protection and control. Since the reason in support of the Japanese proposal to station police officers was with a view to protect and control Japanese subjects, but as there are already treaty provisions, there is no necessity to station Japanese police officers so as to avoid conflict with the Chinese police rights. As the seven principal functions of the Japanese police officers, detailed in the aide memoire of October 18th last, are those either which should properly belong to the Chinese police, or those which are provided for by the existing treaties or those which are the duties of the constables (marshals) of consular courts, there is no necessity for the establishment of a Japanese police force, hence the question of police cannot be associated with extraterritoriality and the Chinese Government cannot recognize it as a corollary (of the right of extraterritoriality.) Ever since the conclusion of extraterritoriality treaties between China and the foreign Powers for several decades, no such claim has ever been heard. Although the Japanese Minister has repeatedly declared that the said police would not interfere with Chinese local administration and police rights, yet after serious consideration by the Chinese Government the stationing of foreign police within the confines of Chinese territory, no matter under whatever circumstances, is prejudicial to the spirit and form of Chinese sovereignty, tending to cause misunderstanding on the part of the people, thus placing an impediment to the friendship of the two nations. 1 Supplement to this JOURNAL for January, 1916 (vol. 10), p. 5 at p. 6. |