obligations to France with respect to the resumption of the service of the Boxer Indemnity in gold. The justice of the French claim appears both from the general provisions of the protocol of 1901, which has been likewise invoked by Belgium, Spain, and Italy, and also the special provisions of the Franco-Chinese agreement of 1922, relative to the application of the French share of the indemnity under consideration. In this connection I wish to take the liberty of reminding Your Excellency that the Government of the United States was pleased to recognize that my Government's attitude was justified and that it has for two years officially associated itself with the collective action of the signatories of the protocol of 1901 to remind China that one of the most important provisions of that international instrument must be respected. In the opinion of my Government the fact that the payment in gold of the Boxer Indemnity is one of the foremost obligations of the Chinese Government should not be overlooked; and it believes that to grant to China the benefit of the treaties of Washington as long as she continues to evade the treaties validly concluded with the powers, would be an injustice to these powers and would lead China into a path full of dangers to herself. That opinion, moreover, seems to be shared by the majority of the powers signatory to the Washington agreements, since their representatives in Peking believe that the present situation of China does not permit of assembling the Commission on Extraterritoriality. The very sincere wish of the Government of the Republic is that the new Chinese Cabinet will gain sufficient authority and form a sufficiently accurate idea of its own interests to cast into oblivion the bad faith of the governments that have succeeded each other for the last two years in Peking. It has, therefore, just instructed me to remind Your Excellency that in its opinion the result could be better achieved if the Government of the United States would bring its influence to bear upon the Chinese Government, and give it to understand that the removal of the last obstacle which still stands in the way of the putting into effect of the treaties of Washington depends upon its good will and that the best way to bring to its country the benefits of the advantages flowing from the said treaties would be to meet the engagements heretofore signed by China. Be pleased [etc.] 07 Foreign Relations, 1901, Appendix (Affairs in China), p. 312. JUSSERAND 893.01/149: Telegram The Secretary of State to the Chargé in China (Mayer) WASHINGTON, December 10, 1924-4 p. m. 309. Your telegram No. 478, December 9, 5 p. m. I am much gratified by this result, and approve your action with regard to modifications of draft which seem entirely satisfactory. Repeat the above to Tokyo as the Department's number 207, together with your 478, December 9, 5 p. m. HUGHES 893.01/177 The Minister in China (Schurman) to the Secretary of State No. 2696 PEKING, January 5, 1925. SIR: I have the honor to refer to Mr. Mayer's telegrams Nos. 472 and 478 of December 4, 3 p. m., and December 9, 5 p. m., relative to the note addressed to the Chinese Government on December 9th by the representatives of the United States, Belgium, Great Britain, France, Italy, Japan, and The Netherlands, in which it was declared in the names of their Governments that they would lend their full support to the Provisional Government in Peking under the present Provisional Chief Executive, upon certain understandings. My telegram No. 501 of December 24, 3 p. m., contained a summary of the Wai Chiao Pu's reply of December 23rd. I now have the honor to transmit herewith enclosed, for the Department's information, a copy of a translation of the last mentioned note. I have [etc.] 74 JACOB GOULD SCHURMAN [Enclosure-Translation] The Chinese Acting Minister for Foreign Affairs (Shen Jui-lin) to the American Minister (Schurman) In acknowledging the receipt of the joint Communication of the Heads of Missions at Peking of the United States of America, Belgium, Great Britain, France, Italy, Japan and The Netherlands under date of December 9, 1924, which has been acceded to by Portugal in a Note dated December 18th, 1924, from the British Minister on behalf of the Portuguese Government, the Chinese Government desire to express their gratification at the declaration made by them in the names of their Governments, that they will lend their full support to the Provisional Government in Peking under the present Chief Executive which, they are correct in understanding, has been "Not printed. constituted with the concurrence of the Nation and will lead to the establishment of a formal Government truly representative of the Republic. The Chinese Government desire to assure them that the Chinese Government will continue to respect, as they have always respected, all the Treaties, Conventions, and other engagements duly entered into by China, and even in exceptional cases where a divergence of interpretation has arisen the Chinese Government have always endeavored to seek an equitable solution with the Power or Powers concerned in accordance with international usage. The Chinese Government are gratified to be apprised that the Governments signatory to the Washington Treaties are willing and anxious to proceed as soon as practicable with the carrying out of the measures contemplated in the Washington Treaties and Resolutions. These measures, which are purposely restricted to those which were immediately practicable, were unconditionally agreed upon to be forthwith carried out. The Chinese Government regret the delay which has unexpectedly occurred and sincerely hope that, with the assurance of friendly assistance now given by the Governments concerned, these measures could soon be put into execution, in accordance with the intentions and agreements of the Washington Conference. They wish to add, furthermore, that in view of the desire of the Chinese Government to consolidate the friendship between China and the friendly Powers on a permanent and sound basis, they hope that the Powers concerned will also at an early date give sympathetic consideration to the other well-known national aspirations of the Chinese people, submitted in recent years to different international conferences by the Chinese Government, so that their relations may be further improved to their mutual benefit. PEKING, December 23, 1924. NEGOTIATIONS LEADING TO THE OCCUPATION OF THE RUSSIAN LEGATION AT PEKING BY THE NEWLY ACCREDITED SOVIET AMBASSADOR TO CHINA 706.6193/23 : Telegram The Minister in China (Schurman) to the Secretary of State [Extract] PEKING, June 11, 1924-11 a. m. 170. 1. Following note from Koo, dated June 9, has been received by Netherlands Minister, acting dean of diplomatic corps: "With reference to the premises of the former Russian Legation in Peking, Your Excellency will recall that according to the note of Monsieur Pastor, the former doyen of the diplomatic corps, re ceived by this Ministry October 4, 1920, the members of the diplomatic corps had agreed to entrust at first temporarily the said premises to the custody of Prince Koudacheff. According to doyen's note of January 11, 1921, the premises in question were entrusted, in view of Prince Koudacheff's departure from Peking, to the custody of His Excellency Monsieur Oudendijk as representative of the diplomatic corps until the arrival [at] Peking of a representative of a recognized Russian government. These notes were duly acknowledged by this Ministry. As the Chinese Government has recognized the Soviet Government upon the conclusion of the Sino-Russian agreements and restored its normal diplomatic and consular relations with the latter, all the premises of the former Russian Legation as well as articles appurtenant thereto should of course be returned to the representative of the Soviet Government to China, in accordance with the original arrangement. I have the honor therefore to request that Your Excellency will be so kind as to bring this matter to the attention of the interested resident ministers at Peking and to favor me with a reply at your convenience." [Paraphrase] 2. Koo's note leaves out of consideration the statement in the dean's note of October 3, 1920, to the effect that the Russian Legation would be taken in charge by the representatives of the protocol powers until Russian representation recognized by the powers should be again established. See enclosure in despatch no. 317 of October 14, 1920, from this legation." 748 3. An informal meeting of the representatives of the protocol powers yesterday considered the Chinese note. Several days previously this meeting had been called to discuss Russian problems affecting these representatives. 4. The meeting decided unanimously that the Dutch Minister should reply on behalf of the protocol powers to Koo.75 The reply should state that if and when a duly accredited diplomatic representative of Russia wished to gain possession of the Russian Legation he should apply to the Dutch Minister who represented the group. 706.6193/2: Telegram SCHURMAN The Minister in China (Schurman) to the Secretary of State [Paraphrase] PEKING, June 30, 1924-11 a.m. 209. On June 27 the Chinese Minister for Foreign Affairs answered the note of June 11 from the Dutch Minister regarding the transfer 743 75 'Not printed. The note of the Dutch Minister, dated June 11, 1924, is not printed. of the premises of the Russian Legation to the Government of the Soviet Union. An informal conference of the representatives of the protocol powers will consider the reply tomorrow. The crucial points of the Chinese note follow: 76 "1. In reply I have the honor to observe that the assumption by the foreign representatives of the signatories of the protocol of 1901 of the responsibility of guarding the buildings and premises of the former Russian Legation in Peking was an act undertaken by the said representatives without the consent of the Chinese Government, although it was occasioned by the recognition [termination] of the then Russian diplomatic representative [representation] in Peking decreed by a Presidential mandate of the Republic under the date of September 23rd, 1920. 2. How long such custody on the part of the said diplomatic representatives should last is a question which in its origin does not fall within the discretion of the said representatives but must rather depend upon the decision of China to decree [restore] such relations with the new Russian Government. 3. Your Excellency's suggestion to consider the question of handing over the former Russian Legation only on a request addressed to the foreign representatives by a Russian representative duly accredited to the Chinese Government appears to overlook the special interest of the Chinese Government to see the premises of the former Russian Legation promptly handed back to an authorized representative of the Russian Government. It will be recalled that the Diplomatic Quarter, though under the control of the foreign legations by the protocol of 1901, remains part of Chinese territory and that the premises of the Russian Legation, though situated in the said quarter, are themselves not subject to the control of the representatives of other powers. Indeed they cannot be subject to such control, as they are the property of a foreign power with which China has reestablished diplomatic relations and which is anxious to take possession of the Legation through its authorized representative for use as its Legation. In asking for the delivery of the said premises to an authorized representative of the Soviet Government, the Chinese Government sought only to extend to a foreign government that act of friendly assistance which international courtesy expected of China to do in order to facilitate the establishment of [a] diplomatic representative [representation] which it has agreed to receive. They feel the more concerned because, as I may add for your information, it is their desire to discharge an obligation which they have undertaken vis-à-vis the Soviet Government in the Sino-Russian agreement of May 31, 1924. 4. They are further inclined to the view that the conventional status of the Diplomatic Quarter should not make it difficult for the foreign representatives to comply with the request of the Chinese Government, since they have not asked to take control themselves of the said premises but have requested only to have them delivered to an authorized representative of the Soviet Government. 5. I hope the more sincerely that Your Excellency will see your way to arrange for compliance with this request, as any other course 1 Text of Chinese note not paraphrased. |