Mr. Adee to Mr. Conger.

No. 205.]

Sir: I have to acknowledge the receipt of your dispatch No. 209, of June 5 last, reporting that you have been requested by the consul at Chefoo to instruct him as to his consular jurisdiction at Tsingtao (Kiaochow), Port Arthur, and Weihaiwei, and that you have replied that should any case arise he should assume jurisdiction in accordance with statutory provisions and the consular regulations. You add that you would be glad to be informed of any special instructions that the Department may see fit to issue concerning those places.

In reply I have to ask you to send to the Department a full and explicit report showing, as precisely as you can, what the other powers are doing in regard to those ports, particularly as to the jurisdiction of foreign consuls therein.

A copy of a memorandum on the subject, prepared in the consular bureau, is herewith inclosed for your information and guidance in the preparation of the report.

I am, etc.,

Alvey A. Adee,
Acting Secretary.
[Inclosure.]

Memorandum.

Our minister to Pekin, in his No. 209, of June 5, 1899, states that Consul Fowler, at Chefoo, asked for instructions as to his jurisdiction at Port Arthur, Kiaochow, and [Page 383] Weihaiwei, stating that he had heard of serious trouble on two different American ships at Kiaochow. The minister replied that should any cases arise the consul should assume jurisdiction in accordance with the statute and regulations. The minister asks for any special instructions which the Department may see fit to issue respecting those places.

The places mentioned have always been within the jurisdiction of the consul at Chefoo, and the only question which now arises is whether, on account of the interest foreign nations have in the respective ports, our consular jurisdiction is in any way modified. I shall not attempt to suggest a decision on the question, but will submit for the action of the Department the following statement of facts. I have not been able to find authentic copies of the conventions referred to, but have made up this memorandum from the conventions as printed in the Chronicle and Directory for China and Japan, 1899.

port arthur.

This port was obtained from China by Russia in 1898, by lease, and is now being fortified as a naval stronghold. The treaty between Russia and China is as follows:

  • Art. I. It being necessary for the due protection of her navy in the waters of North China that Russia should possess a station she can defend, the Emperor of China agrees to lease to Russia Port Arthur and Talienwan, together with the adjacent seas, but on the understanding that such lease shall not prejudice China’s sovereignty over this territory.
  • Art. II. The limits of the territory thus leased for the reasons above stated, as well as the extent of territory north of Talienwan necessary for the defense of that now leased and what shall be allowed to be leased, shall be strictly defined and all details necessary to the carrying out of this treaty be arranged at St. Petersburg with Hsu Tajen so soon as possible after the signature of the present treaty and embodied in a separate treaty. Once these limits have been determined, all land held by Chinese within such limits, as well as the adjacent waters, shall be held by Russia alone on lease.
  • Art. III. The duration of the lease shall be twenty-five years from the day this treaty is signed, but may be extended by mutual agreement between Russia and China.
  • Art. IV. The control of all military forces in the territory leased by Russia and of all naval forces in the adjacent seas, as well as of the civil officials in it, shall be vested in one high Russian official, who shall, however, be designated by some title other than governor-general (tsungtu) or governor (hsunfu). All Chinese military forces shall without exception be withdrawn from the territory, but it shall remain optional with the ordinary Chinese inhabitants either to remain or to go, and no coercion shall be used toward them in this matter. Should they remain, any Chinese charged with a criminal offense shall be handed over to the nearest Chinese official to be dealt with according to Article VIII of the Russo-Chinese treaty of 1860.
  • Art. V. To the north of the territory leased shall be a zone, the extent of which shall be arranged at St. Petersburg between Hsu Tajen and the Russian foreign office. Jurisdiction over this zone shall be vested in China, but China may quarter no troops in it except with the previous consent of Russia.
  • Art. VI. The two nations agree that Port Arthur shall be a naval port for the sole use of Russian and Chinese men-of-war, and be considered as an unopened port so far as the naval and mercantile vessels of other nations are concerned. As regards Talienwan, one portion of the harbor shall be reserved exclusively for Russian and Chinese men-of-war, just like port Arthur, but the remainder shall be a commercial port, freely open to the merchant vessels of all countries.
  • Art. VII. Port Arthur and Talienwan are the points in the territory leased most important for Russian military purposes. Russia shall therefore be at liberty to erect, at her own expense, forts and build barracks and provide defenses at such places as she desires.”

* * * * * * *

kiaochow.

This port was occupied by Germany on November 14, 1897, and the following agreement, though not officially proclaimed, is given in the directory referred to as a correct translation from the Chinese:

“His Majesty the Emperor of China, being desirous of preserving the existing good relations with His Majesty the Emperor of Germany and of promoting an increase of German power and influence in the Far East, sanctions the acquirement under lease, by Germany of the land extending for 100 li at high tide (at Kiaochow).

[Page 384]

“His Majesty the Emperor of China is willing that German troops should take possession of the above-mentioned territory at any time the Emperor of Germany chooses. China retains her sovereignty over this territory, and should she at any time wish to enact laws or carry out plans within the leased area she shall be at liberty to enter into negotiations with Germany with reference thereto: Provided always, That such laws or plans shall not be prejudicial to German interests. Germany may engage in works for the public benefit, such as waterworks, within the territory covered by the lease without reference to China. Should China wish to march troops or establish garrisons therein, she can only do so after negotiating with and obtaining the express permission of Germany.

  • “II. Mis Majesty the Emperor of Germany, being desirous, like the rulers of certain other countries, of establishing a naval and coaling station and constructing dockyards on the coast of China, the Emperor of China agrees to lease to him for the purpose all the land on the southern and northern sides of Kiaochow Bay for a term of ninety-nine years. Germany is to be at liberty to erect forts on this land for the defense of her possessions therein.
  • “III. During the continuance of the lease China shall have no voice in the government or administration of the leased territory. It will be governed and administered during the whole term of ninety-nine years solely by Germany, so that the possibility of friction between the two powers may be reduced to the smallest magnitude. The lease covers the following districts:
  • “* * * Chinese ships of war and merchant ships, and ships of war and merchant ships of countries having treaties and in a state of amity with China shall receive equal treatment with German ships of war and merchant ships in Kiaochow Bay during the continuance of the lease. Germany is at liberty to enact any regulation she desires for the government of the territory and harbor, provided such regulations apply impartially to the ships of all nations, Germany and China included.
  • “IV. Germany shall be at liberty to erect whatever light-houses, beacons, and other aids to navigation she chooses within the territory leased, and along the islands and coasts approaching the entrance to the harbor. Vessels of China and vessels of other countries entering the harbor shall be liable to special duties for the repair and maintenance of all light-houses, beacons, and other aids to navigation which Germany may erect and establish. Chinese vessels shall be exempt from other special duties.
  • “V. Should Germany desire to give up her interest in the leased territory before the expiration of ninety-nine years, China shall take over the whole area, and pay Germany for whatever German property may at the time of surrender be there situated. In cases of such surrender taking place, Germany shall be at liberty to lease some other point along the coast. Germany shall not cede the territory leased to any other power than China. Chinese subjects shall be allowed to live in the territory leased, under the protection of the German authorities, and there carry on their avocations and business as long as they conduct themselves as peaceable and law-abiding citizens. * * * Fugitive Chinese criminals taking refuge in the leased territory shall be arrested and surrendered to the Chinese authorities for trial and punishment upon application to the German authorities, but the Chinese authorities shall not be at liberty to send agents into the leased territory to make arrests. The German authorities shall not interfere with the likin stations outside but adjacent to the territory.”

weihaiwei.

This port was on July 1, 1898, leased by Great Britain from the Chinese Government for a naval station and for the better protection of British commerce in “neighboring seas.” The lease is for “so long a period as Port Arthur shall remain in the occupation of Russia.” The following is the pertinent portion of the convention as published in Treaty Series No. 14, 1898, London:

“The territory leased shall comprise the island of Liu Kung, and all the islands in the Bay of Weihaiwei, and a belt of land 10 English miles wide along the entire coast line of the Bay of Weihaiwei. Within the above-mentioned territory leased Great Britain shall have sole jurisdiction.

“Great Britain shall have in addition the right to erect fortifications, station troops, or take any other measures necessary for defensive purposes at any points on or near the coast of the region east of the meridian 121° 40 east of Greenwich, and to acquire on equitable compensation within that territory such sites as may be necessary for water supply, communications, and hospitals. Within that zone Chinese administration will not be interfered with, but no troops other than Chinese or British shall be allowed therein.

[Page 385]

“It is also agreed that within the walled city of Weihaiwei Chinese officials shall continue to exercise jurisdiction, except so far as may be inconsistent with naval and military requirements for the defense of the territory leased.

“It is further agreed that Chinese vessels of war, whether neutral or otherwise, shall retain the right to use the waters herein leased to Great Britain.

“It is further understood that there will be no expropriation or expulsion of the inhabitants of the territory herein specified, and that if land is required for fortifications, public offices, or any official or public purpose it shall be bought at a fair price.”

As you will see, the question is whether or not under these conventions Great Britain, Russia, and Germany have acquired such an interest in the ports referred to as to preclude our consul at Chefoo, who is accredited to China, from exercising jurisdiction. The question is one which seems to me should go to the solicitor, or in respect to which the minister should be called upon for a further and explicit report, with special reference to that which other powers are doing in connection with the ports.