The third note verbale had regard to the stationing of police officers. Japanese subjects, it said, traveling and residing in South Manchuria and Eastern Inner Mongolia must increase. For their protection and the preservation of order among them and to prevent misunderstanding it is necessary to increase the establishment of Japanese police officers and police stations. This is a corollary of the rights of extraterritoriality and does not violate Chinese sovereignty. Should the Chinese Government not express its concurrence with this view the Japanese Government would nevertheless, in case of necessity, be forced to carry it into effect. After due consideration the Chinese Government replied on January 12th: 1. In the military cadet schools China has hitherto employed only Chinese instructors. She has no intention at present of employing foreign military instructors. 2. In the office of the Military Governor of Mukden a Japanese military adviser is already employed. The Japanese note verbale was noted. 3. In regard to the stationing of Japanese police officers the agreement of May 25th, 1915 1 provides that all Japanese subjects in South Manchuria and in Eastern Inner Mongolia referred to in the agreement shall "submit to the police laws and ordinances and taxation of China." Questions arising from extraterritorial rights were thus provided for. Although the Japanese Minister may give an assurance that the Japanese police will not infringe the rights of the Chinese police and of the Chinese local administration, the stationing of Japanese police (in Chinese territory) will impair the spirit and the form of Chinese sovereignty and provoke misunderstanding on the part of the Chinese people to the detriment of friendly relations. In regard to those Japanese police stations already established in Manchuria, the Chinese Government and local authorities have repeatedly protested against their presence. From investigations made by their delegates the Chinese Government are convinced that it was the Japanese police officer illegally stationed at Chengchia Tun despite the protests of the Chinese Government (Chengchia Tun being Chinese territory far removed from the Railway Zone) whose action was the direct cause of the regrettable conflict. The Chinese Government can never consent to the establishment of Japanese police stations in 1 Supplement to this JOURNAL, January, 1916 (vol. 10), p. 5. South Manchuria. It again protests and asks for the removal of those police stations already established. The Chinese Government, therefore, requested that this demand should be abandoned, and declared that it could not recognize any action taken in pursuance of the Japanese statement that should the Chinese Government not express its concurrence with this demand the Japanese Government would nevertheless in case of necessity carry it into effect. The negotiations ended by the Governments agreeing to embody in an exchange of notes the following five stipulations: 1. The general commanding the 28th Division will be reproved. 2. Officers responsible will be punished according to law. If the law provides for severe punishment such punishment will be inflicted. 3. Proclamations will be issued enjoining Chinese soldiers and civilians in the districts where there is mixed residence to accord considerate treatment to Japanese soldiers and civilians. 4. The Military Governor of Mukden will send a representative to Port Arthur to convey his regret when the Military Governor of Kwantung and the Japanese Consul General are there together. 5. Solatium of $500 (five hundred dollars) will be given to the Japanese merchant Yoshimoto. The Chengchia Tun incident having originated in a conflict between Chinese and Japanese soldiers, the Chinese Government considers that all Japanese soldiers within the district should be withdrawn in order to prevent any future disturbance. On January 22d the Wai Chiao Pu requested the Japanese Minister to state on what date the Japanese soldiers stationed between Ssupinkai and Chengchia Tun would be withdrawn. On the same day a reply was received from the Japanese Minister stating that when the five articles agreed upon are executed the Japanese troops sent to reënforce the Japanese detachment at the time of the incident will be withdrawn. Throughout the negotiations the Chinese Government always animated by a spirit of compromise have been desirous of coming to a friendly settlement with Japan as proved by the concessions made. It confidently hopes that the Japanese Government will recognize this manifestation of good will and by the mutual exercise of great discipline and restraint in Manchuria in the future any recurrence of such regrettable incidents will be avoided. EXCHANGES OF NOTES Memorandum handed by the Japanese Minister to Dr. Chen Chintao, Acting Minister of Foreign Affairs The Imperial Government of Japan feels that the unfortunate Chengchiatun incident, occurring all of a sudden at a time when the relations between Japan and China have recently greatly improved, and [when] their mutual friendship has, just then, marked the beginning of a new era, is a matter of deep regret. It having made a careful investigation of the facts from all sides, is sincerely hoping for the rendition of an equitable decision based thereon. In a word, the present case arose out of the provocation on the part of the Chinese soldiers. Furthermore, the fact that the Japanese forces were invested and attacked by the Chinese soldiers admits of no doubt. Hence, it can not be questioned but that the matter is a serious one. The Imperial Government, however, paying great regard to the relations between Japan and China, feels compelled to present this memorandum with a view to settling the case in dispute in a peaceful manner. The Chinese Government is called upon immediately to effect the following provisions: Punishment of the general commanding the 28th Division. The dismissal of all Chinese military officers responsible for this incident as well as the severe punishment of those who took direct part in the fracas. Proclamations to be posted enjoining the whole body of the Chinese troops stationed in South Manchuria and Eastern Inner Mongolia, to refrain from again provoking the Japanese forces, or soldiers, or other Japanese subjects, by either word, or act; such proclamation to be also widely published by all Chinese officials functioning in those regions for the general information of the public. To agree that the Japanese Government may, with a view to the protection and government of the Japanese subjects in South Manchuria and Eastern Inner Mongolia, send Japanese police officers to function at those places where considered to be necessary; also let the Chinese officials in South Manchuria employ more Japanese to serve as police advisers. The following are optional with the Chinese Government: Every Chinese army headquarter stationed in South Manchuria and Eastern Inner Mongolia to employ a certain number of Japanese military officers as advisers. Chinese military cadet schools to employ a certain number of Japanese military officers as instructors. The Tu Chun of Fengtien Province to pay a personal visit, and to apologize to both the Government of Kwantung and Japanese ConsulGeneral in Mukden. Adequate compensation to be paid to the sufferers or their families. Note verbale handed by the Japanese Minister to the Chinese Peking, the 5th day of the 1st month of the 6th year of Taisho. The statement that if the Chinese Government should employ foreign advisers on military affairs in South Manchuria, Japanese will be employed first, etc., has been made in the note dated May 25th of the 4th year of the Republic of China, annexed to the treaty respecting South Manchuria and Eastern Inner Mongolia. As the employment of Japanese military advisers will facilitate mutual understanding between the military authorities of the two countries, and further as there is no doubt that this will help to prevent various troubles which may arise out of misunderstanding, the Imperial Government entertain the hope that the Chinese Government will continuously employ Japanese military advisers. However, it is not proper for the Imperial Government to insist upon this matter since it concerns the military affairs of the Chinese Government, and should, therefore, be left to the discretion of the Chinese Government. Reply Peking, the 12th day of the 1st month of the 6th year of the Republic of China. The Minister of Foreign Affairs has the honor to acknowledge the receipt of the Japanese Minister's Note Verbale of January 5, stating that 1 Supplement to this JOURNAL, January, 1916 (vol. 10), p. 13. (Japanese note repeated) The Minister of Foreign Affairs has to state that there is a Japanese military adviser already engaged in the Tuchun's Yamen at Fengtien. The note verbale is noted. Note verbale handed by the Japanese Minister to the Chinese Peking, the 5th day of the 1st month of the 6th year of Taisho. The Imperial Government hopes the Chinese Government will employ a number of Japanese military officers to be instructors in military cadet schools. This is aimed at helping the training of military officers who will in the future be appointed to the various localities in Manchuria and Mongolia, and also to enlighten the spirit of friendship between China and Japan. Thus, it may be expected that unfortunate incidents like the Chengchia Tun case will not occur again and that the root of trouble may be exterminated permanently. However, it is not proper for the Imperial Government to insist upon this matter since it concerns the military affairs of the Chinese Government, and should, therefore, be left to the discretion of the Chinese Government. Reply Peking, the 12th day of the 1st month of the 6th year of the Republic of China. The Chinese Minister of Foreign Affairs has the honor to acknowledge the receipt of the Japanese Minister's note verbale of January 5th, stating that (Japanese note repeated) The Minister of Foreign Affairs has to state that hitherto the military cadets school has employed only officers of the national army as instructors and there is at present no intention of employing any foreigner. |