Book: The Fight For The Republic in China

B >> Bertram Lenox Putnam Weale >> The Fight For The Republic in China




1 Provinces Fengtien.

|Locality |District |Mineral
| | |
|1. Niu Hsin T'ai |Pen-hsi |Coal
|2. Tien Shih Fu Kou |Pen-hsi |Coal
|3. Sha Sung Kang |Hai-lung |Coal
|4. T'ieh Ch'ang |Tung-hua |Coal
|5. Nuan Ti T'ang |Chin |Coal
|6. An Shan Chan region |From Liaoyang to Pen-hsi |Iron

KIRIN (_Southern portion_)

|1. Sha Sung Kang |Ho-lung |C. & I.
|2. Kang Yao |Chi-lin (Kirin) |Coal
|3. Chia P'i Kou |Hua-tien |Gold

"I avail, etc.,

(Signed) "HIOKI EKI."

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs of the Republic of China.

EXCHANGE OF NOTES RESPECTING RAILWAYS AND TAXES IN SOUTH MANCHURIA AND
EASTERN INNER MONGOLIA

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

In the name of my Government.

I have the honour to make the following declaration to your
Government:--

China will hereafter provide funds for building necessary railways in
South Manchuria and Eastern Inner Mongolia; if foreign capital is
required China may negotiate for a loan with Japanese capitalists first;
and further, the Chinese Government, when making a loan in future on the
security of the taxes in the above-mentioned places (excluding the salt
and customs revenue which has already been pledged by the Chinese
Central Government) may negotiate for it with Japanese capitalists
first.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date respecting railways and taxes in South Manchuria and
Eastern Inner Mongolia in which you stated:

"China will hereafter provide funds for building necessary railways in
South Manchuria and Eastern Inner Mongolia; if foreign capital is
required China may negotiate for a loan with Japanese capitalists first;
and further, the Chinese Government, when making a loan in future on the
security of taxes in the above mentioned places (excluding the salt and
customs revenue which has already been pledged by the Chinese Central
Government) may negotiate for it with Japanese capitalists first."

In reply I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKO EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE EMPLOYMENT OF ADVISERS IN SOUTH
MANCHURIA

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

In the name of the Chinese Government, I have the honour to make the
following declaration to your Government:--

"Hereafter, if foreign advisers or instructors on political, financial,
military or police matters are to be employed in South Manchuria,
Japanese may be employed first."

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you made the following declaration in the
name of your Government:--

"Hereafter if foreign advisers or instructors in political, financial,
military or police matters are to be employed in South Manchuria,
Japanese may be employed first."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE EXPLANATION OF "LEASE BY NEGOTIATION"
IN SOUTH MANCHURIA

--Note--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to state that the term lease by negotiation contained
in Article 2 of the Treaty respecting South Manchuria and Eastern Inner
Mongolia signed this day shall be understood to imply a long-term lease
of not more than thirty years and also the possibility of its
unconditional renewal.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you state.

"The term lease by negotiation contained in Article 2 of the Treaty
respecting South Manchuria and Eastern Inner Mongolia signed this day
shall be understood to imply a long-term lease of not more than thirty
years and also the possibility of its unconditional renewal."

In reply I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

EXCHANGE OF NOTES RESPECTING THE ARRANGEMENT FOR POLICE LAWS AND
ORDINANCES AND TAXATION IN SOUTH MANCHURIA AND EASTERN INNER MONGOLIA

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to state that the Chinese Authorities will notify the
Japanese Consul of the police laws and ordinances and the taxation to
which Japanese subjects shall submit according to Article 5 of the
Treaty respecting South Manchuria and Eastern Inner Mongolia signed this
day so as to come to an understanding with him before their enforcement.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you state:

"The Chinese Authorities will notify the Japanese Consul of the Police
laws and ordinances and the taxation to which Japanese subjects shall
submit according to Article 5 of the Treaty respecting South Manchuria
and Eastern Inner Mongolia signed this day so as to come to an
understanding with him before their enforcement."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to state that, inasmuch as preparations have to be
made regarding Articles 2, 3, 4 and 5 of the Treaty respecting South
Manchuria and Eastern Inner Mongolia signed this day, the Chinese
Government proposes that the operation of the said Articles be postponed
for a period of three months beginning from the date of the signing of
the said Treaty.

I hope your Government will agree to this proposal.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you stated that "inasmuch as preparations
have to be made regarding Articles 2, 3, 4 and 5 of the Treaty
respecting South Manchuria and Eastern Inner Mongolia signed this day,
the Chinese Government proposes that the operation of the said Articles
be postponed for a period of three months beginning from the date of
the signing of the said Treaty."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE MATTER OF HANYEHPING

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to state that if in future the Hanyehping Company and
the Japanese capitalists agree upon co-operation, the Chinese
Government, in view of the intimate relations subsisting between the
Japanese capitalists and the said Company, will forthwith give its
permission. The Chinese Government further agrees not to confiscate the
said Company, nor, without the consent of the Japanese capitalists to
convert it into a state enterprise, nor cause it to borrow and use
foreign capital other than Japanese.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you state:

"If in future the Hanyehping Company and the Japanese capitalists agree
upon co-operation, the Chinese Government, in view of the intimate
relations subsisting between the Japanese capitalists and the said
Company, will forthwith give its permission. The Chinese Government
further agrees not to confiscate the said Company, nor, without the
consent of the Japanese capitalists to convert it into a state
enterprise, nor cause it to borrow and use foreign capital other than
Japanese."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE FUKIEN QUESTION

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Excellency,

A report has reached me to the effect that the Chinese Government has
the intention of permitting foreign nations to establish, on the coast
of Fukien Province, dock-yards, coaling stations for military use, naval
bases, or to set up other military establishments; and also of borrowing
foreign capital for the purpose of setting up the above-mentioned
establishments.

I have the honour to request that Your Excellency will be good enough to
give me reply stating whether or not the Chinese Government really
entertains such an intention.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date which I have noted.

In reply I beg to inform you that the Chinese Government hereby declares
that it has given no permission to foreign nations to construct, on the
coast of Fukien Province, dock-yards, coaling stations for military use,
naval bases, or to set up other military establishments; nor does it
entertain an intention of borrowing foreign capital for the purpose of
setting up the above-mentioned establishments.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.




APPENDIX

DOCUMENTS IN GROUP IV


(1) The Draft of the Permanent Constitution completed in May, 1917.

(2) The proposed Provincial System, _i.e._, the local government law.

(3) Memorandum by the Ministry of Commerce on Tariff Revision,
illustrating the anomalies of present trade taxation.

(4) The leading outstanding cases between China and the Foreign Powers.


DRAFT OF THE NATIONAL CONSTITUTION OF CHINA

(As it stood on May 28th, 1917, in its second reading at the
Constitutional Conference.)

The Constitutional Conference of the Republic of China, in order to
enhance the national dignity, to unite the national dominion, to advance
the interest of society and to uphold the sacredness of humanity, hereby
adopt the following constitution which shall be promulgated to the whole
country, to be universally observed, and handed down unto the end of
time.

CHAPTER I. THE FORM OF GOVERNMENT

Article 1. The Republic of China shall for ever be a consolidated
Republic.

CHAPTER II. NATIONAL TERRITORY

Art. 2. The National Territory of the Republic of China shall be in
accordance with the dominion hithertofore existing.

No change in National Territory and its divisions can be made save in
accordance with the law.

CHAPTER ... GOVERNING AUTHORITY

Art ... The power of Government of the Republic of China shall be
derived from the entire body of citizens.

CHAPTER III. THE CITIZENS

Art. 3. Those who are of Chinese nationality according to law shall be
called the citizens of the Republic of China.

Art. 4. Among the citizens of the Republic of China, there shall be, in
the eyes of the law, no racial, class, or religious distinctions, but
all shall be equal.

Art. 5. No citizens of the Republic of China shall be arrested,
detained, tried, or punished save in accordance with the law. Whoever
happens to be detained in custody shall be entitled, on application
therefore, to the immediate benefit of the writ of habeas corpus,
bringing him before a judicial court of competent jurisdiction for an
investigation of the case and appropriate action according to law.

Art. 6. The private habitations of the citizens of the Republic of China
shall not be entered or searched except in accordance with the law.

Art. 7. The citizens of the Republic of China shall have the right of
secrecy of correspondence, which may not be violated except as provided
by law.

Art. 8. The citizens of the Republic of China shall have liberty of
choice of residence and of profession which shall be unrestricted except
in accordance with law.

Art. 9. The citizens of the Republic of China shall have liberty to call
meetings or to organize societies which shall be unrestricted except in
accordance with the law.

Art. 10. The citizens of the Republic of China shall have freedom of
speech, writing and publication which shall be unrestricted except in
accordance with the law.

Art. 11. The citizens of the Republic of China shall be entitled to
honour Confucius and shall enjoy freedom of religious belief which shall
be unrestricted except in accordance with the law.

Art. 12. The citizens of the Republic of China shall enjoy the
inviolable right to the security of their property and any measure to
the contrary necessitated by public interest shall be determined by law.

Art. ... The citizens of the Republic of China shall enjoy all other
forms of freedom aside from those hithertofore mentioned, provided they
are not contrary to the spirit of the Constitution.

Art. 13. The citizens of the Republic of China shall have the right to
appeal to the Judicial Courts according to law.

Art. 14. The citizens of the Republic of China shall have the right to
submit petitions or make complaints according to law.

Art. 15. The citizens of the Republic of China shall have the right to
vote and to be voted for according to law.

Art. 16. The citizens of the Republic of China shall have the right to
hold official posts according to law.

Art. 17. The citizens of the Republic of China shall perform the
obligation of paying taxes according to law.

Art. 18. The citizens of the Republic of China shall perform the
obligation of military service according to law.

Art. 19. The citizens of the Republic of China shall be under the
obligation to receive primary education according to law.

CHAPTER IV. THE NATIONAL ASSEMBLY

Art. 20. The legislative power of the Republic of China shall be
exercised by the National Assembly exclusively.

Art. 21. The National Assembly shall consist of a Senate and House of
Representatives.

Art. 22. The Senate shall be composed of the Senators elected by the
highest local legislative assemblies and other electoral bodies.

Art. 23. The House of Representatives shall be composed of the
representatives elected by the various electoral districts in proportion
to the population.

Art. 24. The members of both Houses shall be elected according to law.

Art. 25. In no case shall one person be a member of both Houses
simultaneously.

Art. 26. No member of either House shall hold any official post, civil
or military during his term.

Art. 27. The qualifications of the members of either House shall be
determined by the respective Houses.

Art. 28. The term of office for a member of the Senate shall be six
years. One-third of the members shall retire and new ones be elected
every two years.

Art. 29. The term of office for a member of the House of Representatives
shall be three years.

Art. 30. Each House shall have a President and a Vice-President who
shall be elected from among its members.

Art. 31. The National Assembly shall itself convene, open and close its
sessions, but as to extraordinary sessions, they shall be called under
one of the following circumstances:

(1) A signed request of more than one-third of the members of each
House.

(2) A mandate of the President.

Art. 32. The ordinary sessions of the National Assembly shall begin on
the first day of the eighth month in each year.

Art. 33. The period for the ordinary session of the National Assembly
shall be four months which may be prolonged, but the prolonged period
shall not exceed the length of the ordinary session.

Art. 34. (Eliminated.)

Art. 35. Both Houses shall meet in joint session at the opening and
closing of the National Assembly.

If one House suspends its session, the other House shall do likewise
during the same period.

When the House of Representatives is dissolved, the Senate shall
adjourn during the same period.

Art. 36. The work of the National Assembly shall be conducted in the
Houses separately. No bill shall be introduced in both Houses
simultaneously.

Art. 37. Unless there be an attendance of over half of the total number
of members of either House, no sitting shall be held.

Art. 38. Any subject discussed in either House shall be decided by the
votes of the majority of members attending the sitting. The President of
each House shall have a deciding vote in case of a tie.

Art. 39. A decision of the National Assembly shall require the decision
of both Houses.

Art. 40. The sessions of both Houses shall be held in public, except on
request of the government, or decision of the Houses when secret
sessions may be held.

Art. 41. Should the House of Representatives consider either the
President or the Vice-President of the Republic of China has committed
treason, he may be impeached by the decision of a majority of over
two-thirds of the members present, there being a quorum of over
two-thirds of the total membership of the House.

Art. 42. Should the House of Representatives consider that the Cabinet
Ministers have violated the law, an impeachment may be instituted with
the approval of over two-thirds of the members present.

Art. 43. The House of Representatives may pass a vote of want of
Confidence in the Cabinet Ministers.

Art. 44. The Senate shall try the impeached President, Vice-President
and Cabinet Ministers.

With regard to the above-mentioned trial, no judgment of guilt or
violation of the law shall be passed without the approval of over
two-thirds of the members present.

When a verdict of "Guilty" is pronounced on the President or
Vice-President, he shall be deprived of his post, but the infliction of
punishment shall be determined by the Supreme Court of Justice.

When the verdict of "Guilty" is pronounced upon a Cabinet Minister, he
shall be deprived of his office and may forfeit his public rights.
Should the above penalty be insufficient for his offence, he shall be
tried by the Judicial Court.

Art. ... Either of the two Houses shall have power to request the
government to inquire into any case of delinquency or unlawful act on
the part of any official and to punish him accordingly.

Art. 45. Both Houses shall have the right to offer suggestions to the
Government.

Art. 46. Both Houses shall receive and consider the petitions of the
citizens.

Art. 47. Members of either House may introduce interpellations to the
members of the Cabinet and demand their attendance in the House to reply
thereto.

Art. 48. Members of either House shall not be responsible to those
outside the House for opinions expressed and votes cast in the House.

Art. 49. No member of either House during session shall be arrested or
detained in custody without the permission of his respective House,
unless he be arrested in the commission of the offence or act.

When any member of either House has been so arrested, the government
should report the cause to his respective House. Such member's House,
during session, may with the approval of its members demand for the
release of the arrested member and for temporary suspension of the legal
proceedings.

Art. 50. The annual allowance and other expenses of the members of both
Houses shall be fixed by law.

(CHAPTER V. on Resident Committee of the National Assembly with 4
articles has been eliminated.)

CHAPTER VI. THE PRESIDENT

Art. 55. The administrative power of the Republic of China shall be
vested in the President with the assistance of the Cabinet Ministers.

* Art. 56. A person of the Republic of China in the full enjoyment
of public rights, of the age of forty years or more, and resident in
China for at least ten years, is eligible for election as President.

* Art. 57. The President shall be elected by a Presidential
Election Convention, composed of the members of the National Assembly.

For the above election, an attendance of at least two-thirds of the
number of electors shall be required, and the voting shall be performed
by secret ballot. The person obtaining three-fourths of the total votes
cast shall be elected; but should no definite result be obtained after
the second ballot, the two candidates obtaining the most votes in the
second ballot shall be voted for and the candidate receiving the
majority vote shall be elected.

* Art. 58. The period of office of the President shall be five
years, and if re-elected, he may hold office for another term.

Three months previous to the expiration of the term, the members of the
National Assembly of the Republic shall themselves convene and organize
the President Election Convention to elect a President for the next
term.

* Art. 59. When the President is being inaugurated, he shall make
an oath as follows: "I hereby solemnly swear that I will most faithfully
obey the Constitution and discharge the duties of the President."

* Art. 60. Should the post of the President become vacant, the
Vice-President shall succeed him until the expiration of the term of
office of the President. Should the President be unable to discharge his
duties for any cause, the Vice-President shall act for him.

Should the Vice-President vacate his post at the same time, the Cabinet
shall officiate for the President, but at the same time, the members of
the National Assembly shall within three months convene themselves and
organize the Presidential Election Convention to elect a new President.

* Art. 61. The President shall be relieved of his office at the
expiration of his term of his office. If, at the end of the period, the
new President has not been elected, or, having been elected, be unable
to assume office and when the Vice-President is also unable to act as
President, the Cabinet shall officiate for the President.

* Art. 62. The election of the Vice-President shall be in
accordance with the regulations fixed for the election of the President;
and the election of the Vice-President shall take place simultaneously
with the election of the President. Should the post of the
Vice-President become vacant, a new Vice-President shall be elected.

Art. 63. The President shall promulgate all laws and supervise and
secure their enforcement.

Art. 64. The President may issue and publish mandates for the execution
of laws in accordance with the powers delegated to him by the law.

Art. 65. (Eliminated.)

Art. 66. The President shall appoint and remove all civil and military
officials, with the exception of those specially provided for by the
Constitution or laws.

Art. 67. The President shall be the Commander-in-Chief of the Army and
Navy of the Republic.

The organization of the Army and Navy shall be fixed by law.

Art. 68. In intercourse with foreign countries, the President shall be
the representative of the Republic.

Art. 69. The President may, with the concurrence of the National
Assembly, declare war, but, in case of defence against foreign invasion,
he may request recognition of the National Assembly after the
declaration of the war.

Art. 70. The President may conclude treaties; but with regard to
treaties of peace, and those affecting legislation, they shall not be
valid, if the consent of the National Assembly is not obtained.

Art. 71. The President may proclaim martial law according to law; but if
the National Assembly should consider that there is no such necessity,
he should declare the withdrawal of the martial law.

Art. 72. (Eliminated.)

Art. 73. The President may, with the concurrence of the Supreme Court of
Justice, grant pardons, commute punishment, and restore rights; but with
regard to a verdict of impeachment, unless with the concurrence of the
National Assembly, he shall not make any announcement of the restoration
of rights.

Copyright (c) 2007. knowncrafts.net. All rights reserved.