Minister Rockhill
to the Secretary of State.
[Extracts.]
American Legation,
Peking, June 26,
1906.
No. 332.]
Sir: With reference to the opening to
international trade of Antung and Mukden, as specified in Article XII of
the American treaty of 1903, I have the honor to inform you that on
April 27 I received a note from Prince Ch’ing calling my attention to
the above article, and stating that the selection of suitable localities
to be set apart for international use and occupation was then under
consideration by certain officials, who were also preparing surveys,
estimates, and suitable regulations.
I at once replied to the Prince, pointing out that the aforesaid article
of the commercial treaty requires that the selection of sites for the
settlements and the preparation of regulations therefor shall be
undertaken after consultation of the powers concerned. I added that my
Government was ready to delegate some one to consult with the
representatives of China for the purpose stated, with the understanding,
however, that the cities of Antung and Mukden are themselves open to
international trade, although, for convenience, certain localities might
be set aside for the residence of foreigners.
On receipt of the department’s telegraphic instructions received May 5, I
appointed Mr. Sammons, our consul-general at Newchwang, to act in the
capacity of United States representative in the forthcoming negotiations
as concerned Antung, reserving for the moment the question of
Mukden.
On May 22 the Chinese representatives submitted the initial regulations
for the opening of the ports of Antung, Mukden, and Ta-tung-kou, to
which Mx. Sammons objected in view of the department’s instructions and
the fact that our treaty did not provide for the opening of the latter
port.
[Page 199]
Amended regulations, omitting the mention of Ta-tung-kou but nearly
similar in all other respects, were then submitted by the Chinese, but
were pronounced entirely unsatisfactory by Mr. Sammons.
As soon as I received copies of the proposed regulations I telegraphed my
disapproval thereof, and in a dispatch to Mr. Sammons I pointed out
that, besides the fact that the preamble was absolutely erroneous in its
statements, there were many provisions in open violation of rights
acquired by treaty provisions and the most-favored-nation clause. I
referred particularly to (1) the limiting of the period of leasing land
to thirty years, (2) the question of taxation, (3) the status of the
municipal council, which was to be purely Chinese in character, and (4)
the adjustment of judicial cases, by which all cases of foreigners not
of severe nature were to be brought before a Chinese court.
In subsequent dispatches Mr. Sammons has reported that, considering the
fact that the Japanese continued in occupancy of most of the land in the
vicinity of Antung and Mukden, he believes that further present
discussion relating to the selection of suitable sites for international
settlements must of necessity be deferred until the Japanese and Chinese
authorities have agreed upon the matter of land temporarily held in
Manchuria by the Japanese authorities as provided for in the
Chinese-Japanese additional agreement of December 22, 1905, Article IV,
which reads as follows:
The Imperial Government of Japan engage that Chinese public and
private property in Manchuria, which they have occupied or
expropriated on account of military necessity, shall be restored
at the time the Japanese troops are withdrawn from Manchuria and
that such property as is no longer required for military
purposes shall be restored even before such withdrawal.
Mr. Sammons suggests that for the time being the Chinese Government
should be urged to establish custom-houses at Antung and in the
neighborhood of Dalny, so that all international trade in Southern
Manchuria may be placed on an equal basis. I concur in these views and
have urged them on the foreign office here. As a result, probably, I
have within the last few days received a private note from the
inspector-general of customs to the effect that he has been directed to
open a customs station at Antung as soon as possible.
From other sources I understand that the Japanese will shortly consider
with the Chinese the question of opening a maritime customs station at
or in the vicinity of Dalny. The arrangement will probably be similar to
that made last year between Germany and China for Kiaochou.
With the regular Chinese customs duties being levied on all international
trade entering and going out of Manchuria through Antung and Dalny, as
well as through Newchwang, some of the grievances of which our people
have had to complain recently will be removed, and as soon as the
Chinese and Japanese have, figuratively and literally, cleared the
ground an agreement of the questions relating to settlements and
regulations therefor can be reached.
As I am advised by Mr. Sammons that he has already sent to the department
copies of his detailed reports concerning his work at Antung and Mukden,
I hope that they, together with this brief review of the subject, will
place you in possession of the necessary facts, and that my action will
meet with your approval.
I have, etc.,
[Page 200]
[Inclosure
1—Translation.]
The Prince of Ch’ing
to Mr. Rockhill
I have the honor to remind your excellency that Article XII of the
revised commercial treaty between China and the United States
contains the following provision:
“The Chinese Government agrees that, upon the exchange of the
ratifications of this treaty, Mukden and Antung, both in the
province of Shengking, will be opened by China herself as places of
international residence and trade.”
I am now in receipt of a communication from the Japanese minister in
Peking, saying:
“The commercial treaty between China and Japan provides that Mukden,
the capital of Shengking, and Tatungkou shall be opened as ports of
international trade, and the commercial treaty between China and the
United States provides that Mukden and the district city of Antung
shall be so opened. The provisions opening the three places
mentioned were not carried out owing to the outbreak of war between
Russia and Japan. Japan and Russia, however, made peace last year,
and the withdrawal of troops is being gradually accomplished, so
that the opening of the three places mentioned must take place
before long. There is no need to take time for further consultation,
and I have to request that the Chinese Government will at once take
steps to carry out the provisions of the Chinese-Japanese and
Chinese-American commercial treaties, and that Antung and Tatungkou
may be opened on the 1st of the fifth moon, Japanese calendar (May
1, 1906), and that Mukden, the capital of Shengking, may be opened
from the 1st of June.”
Having received the above, my board recognizes that the provisions of
the treaties mentioned must be carried out and the three places
referred to opened to international trade. But my board finds that
both the commercial treaty between China and the United States and
that between China and Japan provide that “the selection of suitable
localities to be set apart for international use and occupation and
the regulations for these places set apart for foreign residence and
trade shall be agreed upon by the governments making the treaties
after consultation together,” so that it is difficult under the
circumstances to hastily make any satisfactory arrangement as to the
date of opening. My board has already sent several telegrams to the
superintendent of trade for the north and to the tartar general at
Mukden, directing them to deal promptly with the matter. I have
received replies from them, saying that they had already instructed
the officials of the international settlements bureau to at once
survey and map pieces of ground, draw up and submit sets of
regulations, and estimate the cost of public improvements, and that
they had already sent officers to Antung and Tatungkou to make
surveys and prepare estimates of expenses for needed works. As soon
as these surveys and estimates are made and suitable regulations
submitted we may consult together and fix a date for the opening of
these places.
My board has replied to the Japanese minister, setting forth the
facts cited above, and, as in duty bound, I send this dispatch for
your excellency’s consideration.
A necessary dispatch.
(Signed) Prince of Ch’ing. [seal.]
[Inclosure 2.]
Minister Rockhill to the Prince of
Ch’ing.
Your Imperial Highness: I have the honor to
acknowledge the receipt of your imperial highness’s dispatch of
yesterday’s date, stating that the revised commercial treaty between
China and the United States, Article XII, says:
“The Chinese Government agrees that, upon the exchange of the
ratifications of this treaty, Mukden and Antung, both in the
province of Shengking, will be opened by China herself as places of
international residence and trade.” And that your highness had
received a communication from the Japanese minister to the effect
that the commercial treaty between China and Japan provides
[Page 201]
for the opening of Mukden
and Tatungkou, while that between China and the United States
provides for the opening of Mukden and Antung; that the war between
Russia and Japan had prevented the execution of these provisions,
but that, as peace had now been restored, he requested that Antung
and Tatungkou be opened from May 1 and Mukden from June 1, but that
your highness had to call attention to the fact that both treaties
provide that “the selection of suitable localities to be set apart
for international use and occupation, and the regulations for these
places shall be agreed upon by the powers making the treaties after
consultation together,” so that it is impossible to hastily arrange
a date for the opening, that your imperial highness has directed the
superintendent of trade for the north and the tartar general of
Mukden to deal promptly with the matter, and that they had
instructed the officials of the international settlements bureau to
at once survey and map pieces of ground for settlements at the
places named, prepare and submit suitable regulations, and make
estimates of the cost of needed public improvements, and that
officers had already gone to Antung and Tatungkou to make the
necessary surveys and estimates for those places, and that on the
reception of their reports your highness would be pleased to consult
with me and arrange a date for the formal opening of the three
ports.
In reply I have the honor to call the attention of your imperial
highness to the fact that the very article of the commercial treaty
quoted by your highness requires that the selection of sites for
settlements at the places to be opened and the preparation of
regulations for such settlements shall be undertaken after
consultation of the powers concerned in the treaty. My Government,
desirous as it is that this provision of the treaty shall be
observed, is ready to delegate some one at as early a date as may be
convenient to consult with a representative of China for the
purposes stated, with the clear understanding, however, that, while
special localities may be set aside for the convenience of
foreigners as places of residence for them at the ports mentioned,
the city of Mukden itself, with its suburbs, is open to trade with
foreign merchants, and that the same is true of the port of Antung
Hsien, and that the establishment of foreign settlements at the two
ports referred to does not deprive the American consular authorities
of the right to fix their residences within the cities of Mukden and
Antung near the yamen of the Chinese authorities, and that the
residence of American merchants within the boundaries of foreign
settlements does not deprive them of the right secured by the treaty
of conducting their business within the cities named.
Trusting that arrangements may be made speedily for the consultation
required by the treaties to determine the location of the foreign
settlements at the two ports to be opened, and to agree upon
regulations for the same, I avail myself of this occasion, etc.
[Inclosure 3.]
Minister Rockhill to Mr. Sammons.
Sir: I have to acknowledge with thanks your
Nos. 236, 237, 240, and 241, in connection with the opening of
Mukden and Antung. A mere cursory reading of the draft of the
proposed regulations shows them to be absolutely unacceptable; not
only is the preamble an incorrect statement of facts but many of the
provisions are in open violation of the principle of the
most-favored nation.
I refer to (1) the limiting of the period of leasing land, (2) the
question of taxation, (3) the status of the municipal council, and
(4) the adjustment of judicial cases.
I beg to inform you that, yesterday being reception day at the
foreign office, I called the attention of T’ang Shao-i, assistant
minister of foreign affairs, to the proposed regulations, and
strongly impressed upon him that the terms were wholly unacceptable.
I laid special stress on the fact that the two ports are treaty
ports, and that we could agree to nothing which would restrict the
rights which we are enjoying in other treaty ports.
His excellency said that he had not yet received a copy of the
regulations; that they indeed seemed loose, but that after all they
were only proposals of the Chinese representatives. He added that
the United States should now
[Page 202]
make counter proposals, and that he believed we should surely
arrive at a satisfactory arrangement.
I replied that my Government was in no hurry to draw up the
regulations, and that I considered “next to no” regulations perhaps
better for our present purposes. I also informed his excellency that
I had telegraphed to you that it was useless even to consider the
Chinese proposals. I confirm my telegram to you, dated June 15, as
follows:
“American Consul,
Niuchwang.
“Your No. 237 received. Amended regulations preposterous as
to Article I, and absolutely unacceptable in nearly every
feature. I would refuse positively to discuss it further.
Are you preparing counter draft? I shall protest to-day to
the foreign office against their amended regulations
generally and specifically.
Rockhill.
Should you be preparing counter proposals, I beg that you will make
them of the simplest description.
