Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 4, 1917

File No. 793.94/564

Chargé Wheeler to the Secretary of State

American Embassy,
Tokyo, April 4, 1917.

Sir: I have the honor to transmit herewith a translation made by this Embassy of the notes exchanged between Japan arid China with regard to the Chengchiatun affair. This translation was made from the Japanese text as given by the Foreign Office to the press.

I have [etc.]

Post Wheeler

[Inclosure—Translation]

[Untitled]

[Published by the Japanese Foreign Office on January 27, 1917]

With reference to the Chengchiatun affair, regarding which the Imperial (Japanese) Minister at Peking had been negotiating with the Chinese Government, the negotiations were recently concluded in the following manner:

I

On January 22 the following official notes were exchanged between the Imperial (Japanese) Minister and the Chinese Minister for Foreign Affairs.

The Japanese Minister to the Minister for Foreign Affairs

January 22, 1917.

Sir: I have the honor to state with reference to the Chengchiatun affair, that there is no room for amendment of wording or for further discussion with respect to the following items, which have already been agreed upon after successive conferences between me and your Department, held before your assumption of office.

I have [etc.]

Baron Gonsuke Hayashi

(1) The commander of the Twenty-eighth Division to be reprimanded.

(2) The Chinese officers who are responsible each to be punished, and those who should be dealt with severely, to be as a matter of course so dealt with.

(3) The soldiers and people in general to be officially notified to the effect that they shall treat with proper courtesy Japanese soldiers and people in the mixed residence districts for Japanese subjects.

(4) The Military Governor (Tuchun) of Fengtien to express his apology in a proper manner; provided, however, that he shall do so at a time when the Governor of Kwantung and the Japanese Consul General to Mukden are both at Ryojun (Port Arthur), and that he shall determine in accordance with his own discretion the manner of doing so.

(5) Five hundred dollars to be given to the Japanese merchant Yoshimoto as a consolation fee.

The Minister for Foreign Affairs to the Japanese Minister

January 22, 1917.

Sir: I have the honor to acknowledge your note with reference to the Chengchiatun affair, to the effect that there is no room for amendment of wording or for further discussion with respect to the following items, which have already been agreed upon after successive conferences between you and this Department, before my assumption of office.

Upon referring to the minutes of the conferences and the documents concerned, I note that they accord with your statements.

I have [etc.]

Wu Ting-fang

[Repeats demands in the note of the Japanese Minister]

II

On January 22 the following official notes were exchanged between the Imperial (Japanese) Minister and the Chinese Minister for Foreign Affairs.

The Minister for Foreign Affairs to the Japanese Minister

Sir: I have the honor to request to be informed in detail, in regard to the date from which the evacuation of the army of your country, stationed in the region along the road from Ssupingkai to Chengchiatun, will be commenced, and by what date the evacuation will be completed.

I have [etc.]

Wu Ting-fang

The Japanese Minister to the Minister For Foreign Affairs

Sir: I have the honor to acknowledge your note dated today, regarding the evacuation of the Imperial (Japanese) army stationed in the region along the road from Ssupingkai to Chengchiatun.

In reply I have the honor to state that the Imperial (Japanese) Government will await the actual, fulfilment of all of the five items recently agreed upon with reference to the Chengchiatun affair, when it intends immediately to evacuate all of the additional army despatched in connection with the occurrence of the Chengchiatun affair to that region.

Baron Gonsuke Hayashi

III

On January 5 the Imperial Japanese Minister sent the following note verbale to the Chinese Minister for Foreign Affairs;

The Imperial Japanese Government desires that the Chinese Government employ Japanese military officers as instructors in Chinese military schools. This is based upon the idea that, by assisting to train the Chinese military officers to be despatched in future to the region of Manchuria and Mongolia, and by making those military officers thoroughly understand the spirit of cordial relations between Japan and China, the root of the occurrence of such unfortunate affairs, as that of Chengchiatun, may be permanently removed. Since, however, this matter concerns the military administration of your country, it is not convenient for the Imperial (Japanese) Government to insist thereon, it desires that your Government consider the matter of its own accord.

On January 12 in reply to the foregoing, the Chinese Minister for Foreign Affairs sent the following note verbale to the Imperial (Japanese) Minister.

According to your note verbale dated January 5, “The Imperial (Japanese) Government desires that the Chinese Government employ several Japanese military officers as instructors in the Chinese military schools. This is based upon the idea that, by assisting to train the Chinese military officers to be despatched in future to the regions of Manchuria, and Mongolia, and by making those military officers thoroughly understand the spirit of cordial relations between Japan and China, the root of the occurrence of such unfortunate affairs as that of Chengchiatun may be permanently removed. Since, however, this matter concerns the military administration of your country, it is not convenient for the Imperial (Japanese) Government to insist thereon, it desires that your Government consider the matter of its own accord.” With respect to this matter the Military Academy conducts with military officers of this country, and it has yet no intention of employing foreigners as instructors.

IV

On January 5, the Japanese Minister sent the following note verbale to the Chinese Minister for Foreign Affairs.

In a note dated May 25, 1915, attached to the Japanese-Chinese Treaty relating to South Manchuria and Eastern Inner Mongolia, the Chinese Government declared that when it intends to employ foreign military advisers in South Manchuria it would first employ Japanese. There is no doubt that the employment of Japanese military advisers will contribute a great deal to promote understanding between the military authorities of both countries, and will thereby contribute a great deal to the object of preventing the various causes of troubles liable to arise through misunderstanding of one another. Therefore, the Imperial (Japanese) Government desires that Japanese military officers be successively employed in South Manchuria as military advisers. Since, however, this matter concerns the military administration of your country, it is not convenient for the Imperial Japanese Government to insist thereon, and it desires that your Government consider the matter of its own accord.

In reply to the foregoing, on January 12, the Chinese Minister for Foreign Affairs sent the following note verbale to the Imperial Japanese Minister.

According to your note verbale dated January 5, “In a note dated May 25, 1915, attached to the Japanese-Chinese Treaty relating to South Manchuria and Eastern Inner Mongolia, the Chinese Government declared that when it intended to employ foreign military advisers in South Manchuria, it would first employ Japanese. There is no doubt that the employment of Japanese military advisers will contribute a great deal to promote understanding between the military authorities of both countries, and will thereby contribute a great deal to the object of preventing the various causes of troubles liable to arise through misunderstanding of one another. Therefore, the Imperial (Japanese) Government desires that Japanese military officers be successively employed in South Manchuria as military advisers. Since, however, this matter concerns the military administration of your country, it is not convenient for the Imperial Japanese Government to insist thereon, and it desires that your Government consider the matter of its own accord.” With respect to the foregoing, in the office of the military governor at Mukden military officers of your Government are already employed. The purport of your note has been duly examined and fully understood.

V

On January 5 the Japanese Minister sent the following note verbale to the Chinese Minister for Foreign Affairs.

As fully explained in a note verbale handed by the Imperial Japanese Minister to Mr. Chen, the preceding Chinese Minister for Foreign Affairs, on October 18, last year, as a result of the enforcement of the Chinese-Japanese Treaty relating to South Manchuria and Inner Mongolia, the number of Japanese subjects in those regions will increase in future, the Imperial (Japanese) Government will increase the establishment of Japanese police stations in those regions, and therefore for the purpose of their control and protection, were the Imperial (Japanese) Government to withdraw its demand in this case, there is no doubt that it would not only cause great uneasiness in regard to the residence and travel of Japanese subjects in those regions, but would also give rise to causes of troubles between Japanese subjects and Chinese officials and people, eventually leading to grave complications. Since the Imperial (Japanese) Government has the duty of giving necessary protection to, and the right of exercising control over the subjects of its own country, not only can it not regard with silence the development of a state of affairs of this kind, but from the point of view of seeking harmony in the international relations between Japan and China, it has also the duty of exhausting every means for preventing the development of such a state of affairs.

It takes for granted that the stationing of the Imperial Japanese police at those stations, being a natural measure attendant on the right of consular jurisdiction, is not an infringement of the sovereign rights of China, but rather will improve the relations between Japanese subjects, the Chinese officials and people, and contribute not a little to the advancement of the economic relations of both countries, wherefore although the Imperial (Japanese) Government firmly believes that the Chinese Government will express its concurrence therein, it hereby declares that in case the Chinese Government should hesitate to give its concurrence, the Imperial (Japanese) Government will become obliged, in accordance with necessity, to execute it (the demand).

In reply to the foregoing on January 12 the Chinese Minister for Foreign Affairs sent the following note verbale to the Japanese Minister.

According to your note verbale dated January 5—[Repeats above note verbale.]

With respect to the foregoing, in accordance with the Japanese-Chinese Treaty, Japanese subjects may reside and travel and carry on industrial and commercial enterprises in South Manchuria; conduct agriculture and industries necessary thereto in cooperation with Chinese citizens. As the Chinese Government anticipated that the number of Japanese subjects would gradually increase, according to Article 5 of the said treaty, it was provided that Japanese subjects in South Manchuria and Eastern Inner Mongolia should submit to Chinese police laws and regulations. The Chinese police would be able to discharge the duty of protection and supervision. Nevertheless, the object of your country in posting police is the protection and supervision of its subjects. As provisions of treaty with respect thereto already exist, it is deemed best not to have any collisions with the Chinese right of policing through the new establishment of the police of your country. As also shown in the explanatory statement dated October 18, 1916, regarding the stationing of police it is clear that there is no necessity for establishing police of your country, there being some (offices) that belong to the Chinese right of policing, some that are provided by treaty, and others that pertain to functions of the sheriffs of the consular courts. The policing question mentioned in the present paragraph has nothing whatever to do with the so-called extra-territorial jurisdiction; and the Government cannot recognize it a proper measure; and since the conclusion of treaties with foreign nations, nothing similar thereto has ever yet taken place. You have repeatedly declared that the police mentioned in the present paragraph would not interfere with Chinese local administration or right of policing, according to mature consideration of this Government, the stationing of foreign police in Chinese territory, whatever may be the circumstances, would be obstructive both in spirit and in form of the sovereignty of China. Moreover it would be liable to create misunderstanding on the part of the people, and would rather be an obstacle to the cordial relations between the two countries. With respect to the police stations already established, the government and the local officials having protested one after another, and have never consented thereto. Therefore, the reasons for posting police of your country, stated in the note verbale cannot be recognized. Moreover, as the present question has nothing whatever to do with Chengchiatun, and as you have also held the view that the present question should be separated from that of Chengchiatun, I trust your Government will not again propose this question, and will not consider that the Chinese Government has approved the execution of the present question.

VI

The Chinese Government has declared to the Imperial Japanese Minister that it has the intention of employing more Japanese police advisers in future in the office of the governor of Fengtien Province.

(Remark) The opinion and attitude of the Imperial (Japanese) Government toward the contention of the Chinese Government stated in the foregoing reply, have already been declared in the note verbale of the Imperial (Japanese) Minister above set forth.