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of the stipulations of treaties concluded between China and foreign powers, and thereby seriously affects the rights of American citizens; it restricts their rightful trade and exposes it to being discriminated against, interfered with, or otherwise jeopardized, and strongly tends toward permanently impairing the sovereign rights of China in this part of the Empire, and seriously interferes with her ability to ineet her international obligations. Furthermore, such concession on the part of China will undoubtedly be followed by demands from other powers for similar and equal exclusive advantages in other parts of the Chinese Empire, and the inevitable result must be the complete wreck of the policy of absolute equality of treatment of all nations in regard to trade, navigation, and commerce within the confines of the Empire.
On the other hand, the attainment by one power of such exclusive privileges for a commercial organization of its nationality conflicts with the assurances repeatedly conveyed to this Government by the Imperial Russian ministry of foreign affairs of the Imperial Government's intention to follow the policy of the open door in China, as advocated by the Government of the United States and accepted by all the treaty powers having commercial interests in that Empire.
It is for these reasons that the Government of the United States, animated now, as in the past, with the sincerest desire of insuring to the whole world the benefits of full and fair intercourse between China and the nations on a footing of equal rights and advantages to all, submits the above to the earnest consideration of the Imperial Governments of China and Russia, confident that they will give due weight to its importance and adopt such measures as will relieve the just and natural anxiety of the United States.
Mr. Conger to Mr. Ilay. No. 905.]
LEGATON OF THE UNITED STATES,
Peking, February 4, 1902. Sir: I have the honor to confirm herewith your telegram of the 1st instant, and to say that I at once transmitted a copy to the foreign office with the note, copy of which I inclose. I felt that I had already said so much to Prince Ch'ing on the subject that it was unnecessary to go to him in person again.
presumed from the substance of the telegram that you had already communicated it to the Russian Government. However, I immediately called upon my Russian colleague and gave him a copy. We discussed the matter only in a general way, but he took occasion to say that they were asking no greater privileges in Manchuria than the Germans already possessed in Shantung. I replied that we did not recognize that Germany had such rights there, and even if by secret or other convention with Germany the treaty rights with other powers had been contravened that would not justify further violation of them, but should rather unite all the other powers in legitimate efforts for the restoration and preservation of all treaty rights thus infringed or annulled. 1 have, etc.,
E. H. CONGER.
Mr. Conger to the Foreign office. F. (., No. 341.]
UNITED STATES LEGATION,
Peking, February 4, 1902. Your HIGHNESS AND Your EXCELLENCIES: I have the honor to remind Your Highness and your excellencies that at my last interview with you I called your attention to the deep interest of my Government in the pending negotiations between China and Russia with regard to the evacuation by the latter of the Manchurian provinces and in the efforts being made by the Russian Government, as reported to me and confirmed by Your Highness and your excellencies, to secure in the said Manchurian provinces by means of a separate arrangement between China and the RussoChinese Bank certain exclusive mining and railway concessions for Russian subjects. I informed Your Highness and your excellencies on the above-mentioned occasion, as I had already done also at several previous interviews, that the United States could not but view such concessions with concern as violating the favored-nation clauses of existing treaties between China and the several powers, as tending to impair the sovereignty of China in the region mentioned, as threatening the territorial integrity of the Chinese Empire by inviting demands from other powers for like concessions in other provinces, and as tending to impair China's ability to meet her international obligations.
Since my last interview with Your Highness and your excellencies I have received the following telegram a from the Department of State, which sets forth very fully the views of my Government.
It becomes my duty to forward the above telegram at once to your highness and your excellencies, and I trust that its contents may receive your very careful attention and that such measures may be adopted as will relieve the just and natural anxiety of the United States Government. Î avail myself, etc.,
E, H. CONGER.
Mr. Conger to Mr. Tay.
LEGATION OF THE UNITED STATES,
Peking, March 4, 1902. Sır: In order that I might be definitely informed of the progress
of negotiations on the Manchurian question, I called upon Prince Ch'ing for that purpose on the 2d instant. He outlined to me the proposition which he had made to the Russian minister, and finally gave me a copy thereof, which I herein inclose. The Russian minister has not yet replied. If he does accept them, the Prince says that he will be obliged to sign.
One of the greatest objections is to the clause by which China agrees not to extend the Shanhaikwan Railway, which now terminates on the opposite side of the river from Niuchwang, nor ever to build a bridge across the Liao River without the consent of Russia. The Russians have recently built a railroad on the west side of the Liao River to a point opposite and about 15 miles from Moukden. They own all the roads on the east side of the river, so that it is possible for them to practically cut off Niuchwang, divert all the trade to Dalny, and thus destroy the only open Chinese port in Manchuria, and the source of a very large revenue. I explained this to Prince Ch’ing, and he promised that if his present terms were not accepted and there was opportunity to amend, he would try to remedy this. He informed me that both British and Japanese ministers had signified their approval of these terms. The latter tells me he has, by instruction of his Government, approved them. The former, however, says that there are several modifications that he is still urging Prince Ch’ing to secure if possible.
The Prince again informed me that he would not sign the RussoChinese Bank agreement, and that if the Russian minister refused, as he feared he would, to sign the convention as modified, he would inform me.
From the wording of the document, “ up to the Liao," Niuchwang would not be included in the first period of evacuation, although Prince Ch'ing insisted that it was so understood.
a Printed, ante, page 275.
I urged the importance of the earliest possible restoration of Niuchwang, both on account of our trade and the revenue which was pledged to the indemnity, now being collected by the Russians, but I did not think it best to discuss in detail other special provisions of the convention. I have, etc.,
E. H. CONGER.
Proposed convention between China and Russia. The Emperor of Russia and the Emperor of China, desiring to restore in a stable and lasting manner the neighborly relations which were injured by the revolution of 1900 in China, have appointed plenipotentiaries to confer with regard to matter in the “Three Eastern Provinces" (Manchuria),
1. The Emperor of Russia, desiring to manifest clearly new proof of his friendship for the Emperor of China and of his justice toward him, overlooks the circumstances of the attack made upon the peaceable subjects of Russia in Manchuria and on the Russian frontier, and agrees to restore to Chinese sovereignty all places in the “Three Eastern Provinces," and will take the said territory and surrender it to the map of China and to the control of Chinese officials as it was before the occupation by the
2. The Chinese Government now from the time of the restoration to its authority of the “Three Eastern Provinces" clearly agrees to observe forever the limit of time and the various articles of the contract with the Russo-Chinese Bank, entered into on the 27th of August, Russian calendar, 1896, and, moreover, in accordance with the fifth article of that contract, acknowledges it to be its duty to use its utmost endeavors to protect the railway and all officers of the said railway, as well as to protect all Russian subjects in the “Three Eastern Provinces" and their several interests.
The Russian Government, seeing that the Chinese Government acknowledges the above conditions, on its part agrees that, should there be no further disturbances and no action on the part of other powers to prevent, it will successively withdraw all the various Russian forces occupying the “Three Eastern Provinces,” the manner of withdrawal to be as follows:
Within four months after the signing of this convention to withdraw all Government troops of Russia from the southwestern section of the province of Shengking up to the Liao River; and restore the various railways to China; within another four months to withdraw the remainder of the Government troops from the province of Shengking and all Government troops from the province of Kirin; and within another four months to withdraw all the remainder of Russian Government troops occupying the province of Heilungkiang.
3. The Government of China and the Government of Russia, in order to avoid a recurrence of the disturbances of last year, and since these disturbances were caused by Chinese Government troops of these various provinces stationed on the Russian border, now direct the military governors to consult with the Russian military authorities and determine the number of Chinese regiments to be stationed in the “ Three Eastern Provinces,”' previous to the withdrawal of the Russian forces, and the places where they shall be stationed; and China agrees that she will not add any drilled troops over and above the number agreed upon by the military governors and the Russian military authorities as necessary to the suppression of bandits and the preservation of order in the country; but after the withdrawal of all the Russian forces it shall rest with China to determine the number of troops to be stationed in the “Three Eastern Provinces,” whether she should increase or decrease their number, but she will notify the Russian Government, for if China should increase her military establishment in these provinces, Russia, too, at the various places along the border, will not be able to avoid increasing her troops, and the two nations without profit will add to their military expenses. As to the establishinent of police in the “Three Eastern Provinces,” and for the pacification of the country outside of the territories granted to the Chinese Eastern Railway, the military governors of the various provinces will drill for special use Chinese cavalry and infantry regiments, for police purposes.
4. The Russian Government agrees to restore to its owners the Shanhaikwan, Yingk'ou and Hsinmint'ing Railway, which has been in the possession and under the protection of Russian troops since the end of September, 1900. The Chinese Government agrees that
(a) Should circumstances require protection to be given to the said railway, it shall be the special duty of China to afford it, and she shall not request any other power to furnish protection, repair, or maintain it, and it will not be permitted any other power to occupy the places surrendered by the Russian troops.
(6) In the completion and maintenance of the various sections of the railway, there must be exact observance of the agreement of April 16, 1899, between Russia and Great Britain, and of that of September 28, 1898, with the company for the loan for constructing the railway, and the company, moreover, must observe all its guaranties to avoid the occupation or the employment of any pretext to control the Shanhaikwan, Yingk'ou, and Hsinminting Railway.
(c) Hereafter all matters pertaining to the extension of the railway in the southern part of the “Three Eastern Provinces,” or the building of branch roads, or the construction of a bridge at Yingk'ou, or the removal of the railway terminus, must be settled by mutual conference.
(d) It is proper that the Russian Government should be compensated for the expenditure in rebuilding and keeping up the Shanhaikwan, Yingk’ou, and Hsinmint’ing Railway, which it is handing back, and examination shows that this sum is not included in the general indemnity. It will be necessary for the Chinese Government and the Russian Government to consult together and determine the amount of the compensation.
Mr. Conger to Mr. Hay. No. 948.)
LEGATION OF THE UNITED STATES,
Peking, March 15, 1902. Sir: Continuing the subject matter of my No. 932, of the 4th instant, I have the honor to inform you that the Russian minister, in
response to Prince Ch'ing's proposal, has signified his willingness to make the terms for evacuation eighteen months, instead of three years, as the Russians had formerly proposed, or twelve months, which Prince Ch’ing had named. The probability is that a compromise will be made on fifteen months.
The British minister is still urging upon the Prince some minor changes, but I am quite certain that if the Russian minister consents to Prince Ch'ing's proposal, copy of which I sent you in my No. 932, the British minister, while not consenting, yet will not object to such a conclusion of the matter. I have, etc.,
E. H. CONGER.
Mr. Bainbrilye to Mr. Hay.
Peking, April 8, 1902. (Mr. Bainbridge reports the signing, on April 8, by Russia and China, of the convention relating to Manchuria.)
Mr. Bainbridge to Mr. Hay.
Peking, April 17, 1902. Sir: In the absence of the minister I have the honor to inclose a copy of the French text of the Russo-Chinese Manchurian convention, which was signed at Peking on the 8th instant. I have, etc.,
W. E. BAINBRIDGE.
(Inclosure.-Translation.] His Majesty the Emperor and Autocrat of all the Russias, and His Majesty the Emperor of China, with a view to reestablishing and consolidating the neighborly' relations which were interrupted by the rebellion that took place in the Celestial Empire in 1900, have named as their plenipotentiaries, for the purpose of establishing an agreement upon certain questions concerning Manchuria,
The aforesaid plenipotentiaries, provided with full powers which were found sufficient, have agreed upon the following stipulations:
ARTICLE I. His Majesty the Emperor of all the Russias, desiring to give a fresh proof of his love of peace and his sentiments of friendship for His Majesty the Emperor of China, notwithstanding the fact that the first attacks upon the peaceable Russian population were made from various points of Manchuria, which is situated on the frontier, consents to the reestablishment of the authority of the Chinese Government in the aforesaid province, which remains an integral part of the Empire of China, and restores to the Chinese Government the right to exercise governmental and administrative powers there as before its occupation by the Russian troops.
ART. II. In resuming possession of governmental and administrative powers in Manchuria, the Chinese Government confirms, as well in regard to the terms as to all the other articles, the engagement strictly to observe the stipulations of the contract concluded with the Russo-Chinese Bank on the 27th of August, 1896, and assumes, according to article 5 of said contract, the obligation to protect the railroad and its personnel by every means, and also pledges itself to guarantee the security, in Manchuria, of all Russian subjects in general who reside there and the enterprises established by them.
The Russian Government, in view of the assumption of this obligation by the Emperor of China, consents on its part, in case there shall be no agitations of any sort, and if the action of the other powers shall offer no obstacle thereto, gradually to withdraw all its troops from Manchuria so as
(a) To withdraw, in the course of six months from the signing of the convention, the Russian troops from the southwest portion of the province of Moukden, as far as the Liao-he River, and again to place China in control of the railways;
(b) To withdraw, in the course of the six months following, the Im ial Russian troops from the remaining portion of the province of Moukden and the province of Kirin; and
(©) To withdraw, in the course of the six months following, the remainder of the Imperial Russian troops now in the province of Hei-lung Kiang.
Art. III. In view of the necessity of obviating in future a repetition of the disturbances of 1900, in which the Chinese troops quartered in the provinces adjacent to Russia took part, the Russian Government and the Chinese Government agree to order the Russian military authorities and the dzian-dziuns to come to an understanding for the purpose of regulating the number and determining the places of cantonment of the Chinese troops in Manchuria until the Russian troops shall have been withdrawn therefrom. The Chinese Government further pledges itself not to organize any other troops above the number thus agreed upon by the Russian military authorities and the dzian-dziuns, which shall be sufficient to exterminate the brigands and to pacify the country.
After the complete evacuation of the country by the Russian troops, the Chinese Government shall have the right to make an examination of the number of troops in Manchuria which are subject to increase or diminution, giving timely notice of such examination to the Imperial Government, for the maintenance of troops in the aforesaid province in superfluous numbers would manifestly lead to the increase of the Russian military forces in the adjacent districts, and would thus occasion an increase of military expenses, to the great disadvantage of both countries.
For police service and the maintenance of internal order in this region outside of the territory ceded to the Chinese Eastern Railway Company, there shall be formed, near the local dzian-dziun governors, a police force, both on foot and mounted, composed exclusively of subjects of the Emperor of China.
Art. IV. The Russian Government consents to restore to their owners the railway lines of the Shan-hai-kwan-Yin-kow-Simminuing, which have been occupied and protected by the Russian troops since the end of the month of September, 1900. In consideration of this the Government of the Emperor of China pledges itself:
1. That in case it shall become necessary to insure the security of the aforesaid railway lines it will itself assume that obligation, and will not request any other power to undertake or participate in the defense, construction, or exploitation of these lines, and will not permit foreign powers to occupy the territory restored by Russia.
2. That the above-mentioned railway lines shall be completed and exploited on the precise bases of the agreement made between Russia and England April 16, 1899,