Book: The Fight For The Republic in China

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It is not, however, until we reach Group V that the real purpose of the
Japanese demands becomes unalterably clear, for in this Group we have
seven sketches of things designed to serve as the _coup de grace_. Not
only is a new sphere--Fuhkien province--indicated; not only is the
mid-Yangtsze, from the vicinity of Kiukiang, to serve as the terminus
for a system of Japanese railways, radiating from the great river to the
coasts of South China; but the gleaming knife of the Japanese surgeon is
to aid the Japanese teacher in the great work of propaganda; the
Japanese monk and the Japanese policeman are to be dispersed like
skirmishers throughout the land; Japanese arsenals are to supply all the
necessary arms, or failing that a special Japanese arsenal is to be
established; Japanese advisers are to give the necessary advice in
finance, in politics, in every department--foreshadowing a complete and
all embracing political control. Never was a more sweeping programme of
supervision presented, and small wonder if Chinese when they learnt of
this climax exclaimed that the fate of Korea was to be their own.

For a number of weeks after the presentation of these demands everything
remained clothed in impenetrable mystery, and despite every effort on
the part of diplomatists reliable details of what was occurring could
not be obtained. Gradually, however, the admission was forced that the
secrecy being preserved was due to the Japanese threat that publicity
would be met with the harshest reprisals; and presently the veil was
entirely lifted by newspaper publication and foreign Ambassadors began
making inquiries in Tokio. The nature and scope of the Twenty-one
Demands could now be no longer hidden; and in response to the growing
indignation which began to be voiced by the press and the pressure which
British diplomacy brought to bear, Japan found it necessary to modify
some of the most important items. She had held twenty-four meetings at
the Chinese Foreign Office, and although the Chinese negotiators had
been forced to give way in such matters as extending the "leasing"
periods of railways and territories in Manchuria and in admitting the
Japanese right to succeed to all German interests and rights in Shantung
(Group I and II), in the essential matters of the Hanyehping concessions
(Group III) and the noxious demands of Group V China had stood
absolutely firm, declining even to discuss some of the items.

Accordingly Japanese diplomacy was forced to restate and re-group the
whole corpus of the demands. On the 26th April, acting under direct
instructions from Tokio, the Japanese Minister to Peking presented a
revised list for renewed consideration, the demands being expanded to
twenty-four articles (in place of the original twenty-one largely
because discussion had shown the necessity of breaking up into smaller
units some of the original articles). Most significant, however, is the
fact that Group V (which in its original form was a more vicious assault
on Chinese sovereignty than the Austrian Ultimatum to Serbia of June,
1914), was so remodelled as to convey a very different meaning, the
group heading disappearing entirely and an innocent-looking exchange of
notes being asked for. It is necessary to recall that, when taxed with
making Demands which were entirely in conflict with the spirit of the
Anglo-Japanese Alliance, the Japanese Government through its ambassadors
abroad had categorically denied that they had ever laid any such Demands
on the Chinese Government. It was claimed that there had never been
twenty-one Demands, as the Chinese alleged, but only fourteen, _the
seven items of Group V being desiderata which it was in the interests of
China to endorse but which Japan had no intention of forcing upon her_.
The writer, being acquainted from first to last with everything that
took place in Peking from the 18th January to the filing of the Japanese
ultimatum of the 7th May, has no hesitation in stigmatizing this
statement as false. The whole aim and object of these negotiations was
to force through Group V. Japan would have gladly postponed _sine die_
the discussion of all the other Groups had China assented to provisions
which would have made her independence a thing of the past. Every
Chinese knew that, in the main, Group V was simply a repetition of the
measures undertaken in Korea after the Russo-Japanese war of 1905 as a
forerunner to annexation; and although obviously in the case of China no
such rapid surgery could be practised, the endorsement of these measures
would have meant a virtual Japanese Protectorate. Even a cursory study
of the text that follows will confirm in every particular these capital
contentions:

JAPAN'S REVISED DEMANDS

Japan's Revised Demands on China, twenty-four in all, presented
April 26, 1915.

_Note on original text_:

[The revised list of articles is a Chinese translation of the
Japanese text. It is hereby declared that when a final decision is
reached, there shall be a revision of the wording of the text.]


GROUP I

The Japanese Government and the Chinese Government, being desirous
of maintaining the general peace in Eastern Asia and further
strengthening the friendly relations and good neighbourhood existing
between the two nations, agree to the following articles:--

Article 1. The Chinese Government engages to give full assent to all
matters upon which the Japanese Government may hereafter agree with
the German Government, relating to the disposition of all rights,
interests and concessions, which Germany, by virtue of treaties or
otherwise, possesses in relation to the Province of Shantung.

Article 2. (Changed into an exchange of notes.)

The Chinese Government declares that within the Province of Shantung
and along its coast no territory or island will be ceded or leased
to any Power under any pretext.

Article 3. The Chinese Government consents that as regards the
railway to be built by China herself from Chefoo or Lungkow to
connect with the Kiaochow-Tsinanfu Railway, if Germany is willing to
abandon the privilege of financing the Chefoo-Weihsien line, China
will approach Japanese capitalists to negotiate for a loan.

Article 4. The Chinese Government engages, in the interest of trade
and for the residence of foreigners, to open by China herself as
soon as possible certain suitable places in the Province of Shantung
as Commercial Ports.

(Supplementary Exchange of Notes)

The places which ought to be opened are to be chosen and the
regulations are to be drafted, by the Chinese Government, but the
Japanese Minister must be consulted before making a decision.


GROUP II

The Japanese Government and the Chinese Government, with a view to
developing their economic relations in South Manchuria and Eastern
Inner Mongolia, agree to the following articles:--

Article 1. The two contracting Powers mutually agree that the term
of lease of Port Arthur and Dalny and the terms of the South
Manchuria Railway and the Antung-Mukden Railway shall be extended to
99 years.

(Supplementary Exchange of Notes)

The term of lease of Port Arthur and Dalny shall expire in the 86th
year of the Republic or 1997. The date for restoring the South
Manchurian Railway to China shall fall due in the 91st year of the
Republic or 2002. Article 12 in the original South Manchurian
Railway Agreement stating that it may be redeemed by China after 36
years after the traffic is opened is hereby cancelled. The term of
the Antung-Mukden Railway shall expire in the 96th year of the
Republic or 2007.

Article 2. Japanese subjects in South Manchuria may lease or
purchase the necessary land for erecting suitable buildings for
trade and manufacture or for prosecuting agricultural enterprises.

Article 3. Japanese subjects shall be free to reside and travel in
South Manchuria and to engage in business and manufacture of any
kind whatsoever.

Article 3a. The Japanese subjects referred to in the preceding two
articles, besides being required to register with the local
authorities passports which they must procure under the existing
regulations, shall also submit to police laws and ordinances and tax
regulations, which are approved by the Japanese consul. Civil and
criminal cases in which the defendants are Japanese shall be tried
and adjudicated by the Japanese consul; those in which the
defendants are Chinese shall be tried and adjudicated by Chinese
Authorities. In either case an officer can be deputed to the court
to attend the proceedings. But mixed civil cases between Chinese and
Japanese relating to land shall be tried and adjudicated by
delegates of both nations conjointly in accordance with Chinese law
and local usage. When the judicial system in the said region is
completely reformed, all civil and criminal cases concerning
Japanese subjects shall be tried entirely by Chinese law courts.

Article 4. (Changed to an exchange of notes.)

The Chinese Government agrees that Japanese subjects shall be
permitted forthwith to investigate, select, and then prospect for
and open mines at the following places in South Manchuria, apart
from those mining areas in which mines are being prospected for or
worked; until the Mining Ordinance is definitely settled methods at
present in force shall be followed.

PROVINCE OF FENG-TIEN

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

PROVINCE OF KIRIN

(Southern portion)

|Sha Sung Kang |Ho-lung |Coal and Iron
|Kang Yao |Chi-lin (Kirin) |Coal
|Chia P'i Kou |Hua-tien |Gold

Article 5. (Changed to an exchange of notes.)

The Chinese Government declares that China will hereafter provide
funds for building railways in South Manchuria; if foreign capital
is required, the Chinese Government agrees to negotiate for the loan
with Japanese capitalists first.

Article 5a. (Changed to an exchange of notes.)

The Chinese Government agrees that hereafter, when a foreign loan is
to be made on the security of the taxes of South Manchuria (not
including customs and salt revenue on the security of which loans
have already been made by the Central Government), it will negotiate
for the loan with Japanese capitalists first.

Article 6. (Changed to an exchange of notes.)

The Chinese Government declares that hereafter if foreign advisers
or instructors on political, financial, military or police matters,
are to be employed in South Manchuria, Japanese will be employed
first.

Article 7. The Chinese Government agrees speedily to make a
fundamental revision of the Kirin-Changchun Railway Loan Agreement,
taking as a standard the provisions in railroad loan agreements made
heretofore between China and foreign financiers. If, in future, more
advantageous terms than those in existing railway loan agreements
are granted to foreign financiers, in connection with railway loans,
the above agreement shall again be revised in accordance with
Japan's wishes.

All existing treaties between China and Japan relating to Manchuria
shall, except where otherwise provided for by this Convention,
remain in force.

1. The Chinese Government agrees that hereafter when a foreign loan
is to be made on the security of the taxes of Eastern Inner
Mongolia, China must negotiate with the Japanese Government first.

2. The Chinese Government agrees that China will herself provide
funds for building the railways in Eastern Inner Mongolia; if
foreign capital is required, she must negotiate with the Japanese
Government first.

3. The Chinese Government agrees, in the interest of trade and for
the residence of foreigners, to open by China herself, as soon as
possible, certain suitable places in Eastern Inner Mongolia as
Commercial Ports. The places which ought to be opened are to be
chosen, and the regulations are to be drafted, by the Chinese
Government, but the Japanese Minister must be consulted before
making a decision.

4. In the event of Japanese and Chinese desiring jointly to
undertake agricultural enterprises and industries incidental
thereto, the Chinese Government shall give its permission.


GROUP III

The relations between Japan and the Hanyehping Company being very
intimate, if those interested in the said Company come to an
agreement with the Japanese capitalists for co-operation, the
Chinese Government shall forthwith give its consent thereto. The
Chinese Government further agrees that, without the consent of the
Japanese capitalists, China will not convert the Company into a
state enterprise, nor confiscate it, nor cause it to borrow and use
foreign capital other than Japanese.


GROUP IV

China to give a pronouncement by herself in accordance with the
following principle:--

No bay, harbour, or island along the coast of China may be ceded or
leased to any Power.

Notes to be Exchanged

A

As regards the right of financing a railway from Wuchang to connect
with the Kiu-kiang-Nanchang line, the Nanchang-Hangchow railway, and
the Nanchang-Chaochow railway, if it is clearly ascertained that
other Powers have no objection, China shall grant the said right to
Japan.

B

As regards the rights of financing a railway from Wuchang to connect
with the Kiu-kiang-Nanchang railway, a railway from Nanchang to
Hangchow and another from Nanchang to Chaochow, the Chinese
Government shall not grant the said right to any foreign Power
before Japan comes to an understanding with the other Power which is
heretofore interested therein.

[Illustration: The Original Constitutional Drafting Committee of 1913,
photographed on the steps of the Temple of Heaven, where the Draft was
completed.]

[Illustration: A Presidential Review of Troops in the Southern Hungtung
Park outside Peking: Arrival of the President.]

NOTES TO BE EXCHANGED

The Chinese Government agrees that no nation whatever is to be
permitted to construct, on the coast of Fukien Province, a dockyard,
a coaling station for military use, or a naval base; nor to be
authorized to set up any other military establishment. The Chinese
Government further agrees not to use foreign capital for setting up
the above mentioned construction or establishment.

Mr. Lu, the Minister of Foreign Affairs, stated as follows:--

1. The Chinese Government, shall, whenever, in future, it considers
this step necessary, engage numerous Japanese advisers.

2. Whenever, in future, Japanese subjects desire to lease or
purchase land in the interior of China for establishing schools or
hospitals, the Chinese Government shall forthwith give its consent
thereto.

3. When a suitable opportunity arises in future, the Chinese
Government will send military officers to Japan to negotiate with
Japanese military authorities the matter of purchasing arms or that
of establishing a joint arsenal.

Mr. Hioki, the Japanese Minister, stated as follows:--

As relates to the question of the right of missionary propaganda the
same shall be taken up again for negotiation in future.

An ominous silence followed the delivery of this document. The Chinese
Foreign Office had already exhausted itself in a discussion which had
lasted three months, and pursuant to instructions from the Presidential
Palace prepared an exhaustive Memorandum on the subject. It was
understood by now that all the Foreign Offices in the world were
interesting themselves very particularly in the matter; and that all
were agreed that the situation which had so strangely developed was very
serious. On the 1st May, proceeding by appointment to the Waichiaopu
(Foreign Office) the Japanese Minister had read to him the following
Memorandum which it is very necessary to grasp as it shows how
solicitous China had become of terminating the business before there was
an open international break. It will also be seen that this Memorandum
was obviously composed for purpose of public record, the fifth group
being dealt with in such a way as to fix upon Japan the guilt of having
concealed from her British Ally matters which conflicted vitally with
the aims and objects of the Anglo-Japanese Alliance Treaty.

MEMORANDUM

Read by the Minister of Foreign Affairs to Mr. Hioki, the Japanese
Minister, at a Conference held at Wai Chiao Pu, May 1, 1915.

The list of demands which the Japanese Government first presented to
the Chinese Government consists of five groups, the first relating
to Shantung, the second relating to South Manchuria and Eastern
Inner Mongolia, the third relating to Hanyehping Company, the fourth
asking for non-alienation of the coast of the country, and the fifth
relating to the questions of national advisers, national police,
national arms, missionary propaganda, Yangtsze Valley railways, and
Fukien Province. Out of profound regard for the intentions
entertained by Japan, the Chinese Government took these momentous
demands into grave and careful consideration and decided to
negotiate with the Japanese Government frankly and sincerely what
were possible to negotiate. This is a manifestation to Japan of the
most profound regard which the Chinese Government entertains for the
relations between the two nations.

Ever since the opening of the negotiations China has been doing her
best to hasten their progress holding as many as three conferences a
week. As regards the articles in the second group, the Chinese
Government being disposed to allow the Japanese Government to
develop the economic relations of the two countries in South
Manchuria, realizing that the Japanese Government attaches
importance to its interests in that region, and wishing to meet the
hope of Japan, made a painful effort, without hesitation, to agree
to the extension of the 25-year lease of Port Arthur and Dalny, the
36-year period of the South Manchurian Railway and the 15-year
period of the Antung-Mukden Railway, all to 99 years; and to abandon
its own cherished hopes to regain control of these places and
properties at the expiration of their respective original terms of
lease. It cannot but be admitted that this is a most genuine proof
of China's friendship for Japan.

As to the right of opening mines in South Manchuria, the Chinese
Government has already agreed to permit Japanese to work mines
within the mining areas designated by Japan. China has further
agreed to give Japan a right of preference in the event of borrowing
foreign capital for building railways or of making a loan on the
security of the local taxes in South Manchuria. The question of
revising the arrangement for the Kirin-Changchun Railway has been
settled in accordance with the proposal made by Japan. The Chinese
Government has further agreed to employ Japanese first in the event
of employing foreign advisers on political, military, financial and
police matters.

Furthermore, the provision about the repurchase period in the South
Manchurian Railway was not mentioned in Japan's original proposal.
Subsequently, the Japanese Government alleging that its meaning was
not clear, asked China to cancel the provision altogether. Again,
Japan at first demanded the right of Japanese to carry on farming in
South Manchuria, but subsequently she considered the word "farming"
was not broad enough and asked to replace it with the phrase
"agricultural enterprises." To these requests the Chinese
Government, though well aware that the proposed changes could only
benefit Japan, still acceded without delay. This, too, is a proof of
China's frankness and sincerity towards Japan.

As regards matters relating to Shantung the Chinese Government has
agreed to a majority of the demands.

The question of inland residence in South Manchuria is, in the
opinion of the Chinese Government, incompatible with the treaties
China had entered into with Japan and other Powers, still the
Chinese Government did its best to consider how it was possible to
avoid that incompatibility. At first, China suggested that the
Chinese Authorities should have full rights of jurisdiction over
Japanese settlers. Japan declined to agree to it. Thereupon China
reconsidered the question and revised her counter-proposal five or
six times, each time making some definite concession, and went so
far to agree that all civil and criminal cases between Chinese and
Japanese should be arranged according to existing treaties. Only
cases relating to land or lease contracts were reserved to be
adjudicated by Chinese Courts, as a mark of China's sovereignty over
the region. This is another proof of China's readiness to concede as
much as possible.

Eastern Inner Mongolia is not an enlightened region as yet, and the
conditions existing there are entirely different from those
prevailing in South Manchuria. The two places, therefore, cannot be
considered in the same light. Accordingly, China agreed to open
commercial marts first, in the interests of foreign trade.

The Hanyehping Company mentioned in the third group is entirely a
private company, and the Chinese Government is precluded from
interfering with it and negotiating with another government to make
any disposal of the same as the Government likes, but having regard
for the interests of the Japanese capitalists, the Chinese
Government agreed that whenever, in future, the said company and the
Japanese capitalists should arrive at a satisfactory arrangement for
co-operation, China will give her assent thereto. Thus the interests
of the Japanese capitalists are amply safeguarded.

Although the demand in the fourth group asking for a declaration not
to alienate China's coast is an infringement of her sovereign
rights, yet the Chinese Government offered to make a voluntary
pronouncement so far as it comports with China's sovereign rights.
Thus, it is seen that the Chinese Government, in deference to the
wishes of Japan, gave a most serious consideration even to those
demands, which gravely affect the sovereignty and territorial rights
of China as well as the principle of equal opportunity and the
treaties with foreign Powers. All this was a painful effort on the
part of the Chinese Government to meet the situation--a fact of
which the Japanese Government must be aware.

As regards the demands in the fifth group, they all infringe China's
sovereignty, the treaty rights of other Powers or the principle of
equal opportunity. Although Japan did not indicate any difference
between this group and the preceding four in the list which she
presented to China in respect to their character, the Chinese
Government, in view of their palpably objectionable features,
persuaded itself that these could not have been intended by Japan as
anything other than Japan's mere advice to China. Accordingly China
has declared from the very beginning that while she entertains the
most profound regard for Japan's wishes, she was unable to admit
that any of these matters could be made the subject of an
understanding with Japan. Much as she desired to pay regard to
Japan's wishes, China cannot but respect her own sovereign rights
and the existing treaties with other Powers. In order to be rid of
the seed for future misunderstanding and to strengthen the basis of
friendship, China was constrained to iterate the reasons for
refusing to negotiate on any of the articles in the fifth group, yet
in view of Japan's wishes China has expressed her readiness to state
that no foreign money was borrowed to construct harbour work in
Fukien Province. Thus it is clear that China went so far as to see a
solution for Japan of a question that really did not admit of
negotiation. Was there, then, evasion, on the part of China?

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