Mr. Conger to Mr.
Hay.
American Legation,
Peking,
China, June 8,
1904.
No. 1630.]
Sir: In continuance of my No. 1603 of May 12
last, concerning the Whangpu conservancy commission, I have the honor to
report that upon receipt of the proposals of the Nanking viceroy, copy
inclosed herewith, transmitted here by the consular body of Shanghai,
the dean of the diplomatic corps circulated them among the
representatives of the powers signatory of the final protocol. I inclose
copies of the indorsements made on the circular by the German and
British ministers, with which all the colleagues agreed except the
French minister, who says he must ask his Government for
instructions.
It seems to me, as I have heretofore written, that the organization
[Page 187]
of the commission need not
await the Chinese appointment. If, at any time after the organization, a
vacancy should occur, the commission would not stop business until it
was filled. Why, then, should the failure of the Chinese to avail
themselves of the privilege to appoint a member prevent the commission
from doing business now? Besides, Article XI of annex 17 of the final
protocol provides that four members shall constitute a quorum of the
commission.
Unless I am otherwise instructed, I shall advocate this view with my
colleagues and advise action in accordance therewith.
I have, etc.,
[Inclosure 1.]
Mr. Goodnow to
Baron von
Wahlborn.
American Consular Service,
Shanghai, May 11,
1904
Excellency: I am directed by my colleagues
to inform you that His Excellency Wie, viceroy at Nanking, has
requested us to lay before you his proposal to substitute the hereto
attached five rules for annex 17 of the final protocol.
The following motion is now before the consular body: “The consular
body of Shanghai decides in accordance with (1) paragraph b, Article
II, of the peace protocol signed at Peking on September 7, 1901, and
(2) annex 17 of the same protocol, to give notice to His Excellency
the viceroy at Nanking that the first meeting of the Whangpu River
Conservancy Board will take place on, say, July 1 next.”
We respectfully ask instruction of the diplomatic body on the
above.
I have, etc.,
John Goodnow,
Consul-General, United States of America, and
senior consul.
[Inclosure
2.—Translation.]
Proposed regulations, in five articles, with
respect to the work of improvement of the Whangpu, submitted for
the approval of the consular body with a view to the prompt
commencement of the work.
I.
The vessels of the great powers having already paid customs dues,
China would be embarrassed to call again upon foreigners who come to
trade with her for contributions for the expenses of the Whangpu
improvements. Therefore the Chinese Government will set aside from
the customs revenues the sum of 230,000 taels upon its own account,
and will assume the payment of the 230,000 taels which the foreign
merchants have agreed to contribute, which will make a sum total of
460,000 taels (Haikwan) to be expended annually until the completion
of the work.
II.
The work of the Whangpu improvement will be under the direction of
the Tao-t’ai of Shanghai and the commissioner of customs; the
commissioner of customs shall have the supervision of police,
light-houses, etc., as well.
III.
Three months after the acceptance of these proposed regulations the
Chinese Government will ask the representatives of the powers to
name one or two engineers specially qualified for the work of river
improvement, who will have charge of the work.
[Page 188]
IV.
Every three months a statement of the expenses of the work will be
prepared and submitted to the consular body.
V.
The Chinese Government binds itself not to levy for the Whangpu
improvements any tax whatsoever, either at Shanghai or elsewhere in
the neighborhood, upon either vessels, cargo, or property.
[Inclosure
3.—Translation.]
Circular No. 100.
The dean has the honor to place in circulation a letter from the dean
of the consular corps of Shanghai with regard to a proposition on
the part of the governor-general of Nanking to change annex No. 17
of the final protocol relating to the work of improvement of the
Whangpu and concerning the deliberations of the consular corps of
Shanghai on the subject of calling a meeting of the Whangpu
Commission.
Czikaññ.
Indorsement of the German
minister.
The question of the improvement of the Whangpu is regulated by
Article XI 6 and annex 17 of the final protocal of the 7th of
September, 1901, signed by the representatives of China and of the
foreign powers at Peking. Consequently it is not the province of the
superintendent of southern trade to make new propositions and to
submit them to the consular corps at Shanghai. The question in the
order of the day is not a change of the provisions of the final
protocol, agreed upon with “unanimity” by China and the powers
signing this protocol, but the organization of the river commission.
All the members of this commission, except the representative to
whom China is entitled by virtue of Article IV ext. of the annex
above mentioned, having been designated long since, this
organization should take place at once. If China does not deem it
expedient to name the delegates to whom she is entitled by virtue of
her maritime commerce, this should not in any manner prevent the
assembling of the commission which may deliberate when four at least
of its members shall be present and of which two representatives of
the Chinese Government, the taotai, and the commissioner of customs
at Shanghai, are already members ex officio.
It seems to me that the dean of the diplomatic corps should reply to
this effect to the dean of the consular corps, instructing him at
the same time to notify the taotai and the other members of the
commission to proceed at once to the organization of the river
commission.
If after the organization of the commission the Chinese Government
deems it expedient to submit to the powers interested amendments
modifying the provisions of the final protocol, there is nothing to
prevent the Wai Wu Pu from making overtures in this sense to the
representatives of the powers signatory of the final protocol or
that they should refer the matter to their respective governments.
But it should not be lost to sight that until a new agreement may
have been concluded with the unanimous consent of all the powers
signatory of the final protocol the stipulations of this protocol
hold good.
A. v. Mumm.
Indorsement of the minister of Great
Britain.
I share entirely the opinion of his excellency the minister of
Germany upon the subject of the communication made by the viceroy of
Nanking to the members of the consular corps of Shanghai. My
Government holds that the Chinese Government should execute the
provisions of the protocol touching the improvement of the Whangpu
and has given me instructions authorizing me to support every
proposition tending to the organization of the commission, even in
case the Chinese Government should persist in not naming a
representative for her maritime interests. It seems to me little
desirable, moreover, to take into consideration propostions
presented in such an irregular manner.
