File No. 1571/27.
Chargé Fletcher to
the Secretary of State.
American Legation,
Peking, November 23,
1909.
No. 1301.]
Sir: Continuing my dispatch No. 1288 of the
10th instant on the subject of the Whangpoo conservancy, I have the
honor to report that the dredging of the Junk Channel will be resumed
about December
[Page 90]
1, the contract
therefor having been awarded to the Chinese company, which seems to have
reached an understanding with the foreign syndicate whereby its plant,
employees, etc., will be taken over by the native company.
Fortunately the work has not suffered seriously from the two months’
interruption of dredging work, and the Junk Channel seems to have been
kept clear by means of the natural scour of the river. This fact is very
encouraging and may make possible a revision of Mr. de Rijke’s estimate
for the funds necessary to complete the work.
As will be seen from the circular of the dean (inclosed), the Chinese
Government is disposed to hold itself freed from the obligations of the
final protocol of 1901 by the agreement of 1905, whereby she assumed the
responsibility for this work. The question arose in the meeting of the
diplomatic corps of November 1, when the British minister held that in
case China failed to carry the work to completion under the agreement of
1905 that the foreign powers would have the right to return to the
provisions of the protocol of 1901. I inclose a copy of his indorsement
on the circular, stating his position in extenso. I am inclined to agree
with him that it was the intention of the powers merely to suspend the
provisions of the final protocol by the agreement of 1905, and in case
China fails to carry out her agreement the provisions of the 1901
protocol may be enforced. But inasmuch as the natural forces seem to be
assisting in the work, which, however, will now be resumed by China, the
matter is not one demanding instant decision.
I should, however, be glad to receive the opinion of the department on
the point raised by Sir John Jordan, as the question will arise when
China has, in her opinion, completed the work. While, as stated above, I
agree with Sir John on the main point, I nevertheless believe that it
would be imprudent and impracticable to revise the cumbersome and
ineffective provisions of the 1901 protocol. But China, with the 1901
protocol in the background, will be far more disposed to carry out
effectively the work she has undertaken, and this I think we should
insist upon.
I have, etc.,
[Inclosure 1.]
circular.
Peking, November 6,
1909.
Dean of diplomatic body to his
colleagues.
Carrying into effect the decision reached at the meeting of the
diplomatic body on the 1st instant, the dean yesterday went to the
Wai-wu Pu to insist that the dredging should be begun again without
delay. His excellency, Mr. Liang Tun-yen, promised to telegraph to
Shanghai in this sense.
As to the meaning of the last official note from the ministry of
foreign affairs of the 26th ultimo, transmitted to the diplomatic
body by Circular 141, the discussions had with Mr. Liang Tun-yen
permit no doubt to remain but that the Government believes itself
freed from the obligations arising from the final protocol with
respect to the improvement of the Whangpoo. The said minister of
foreign affairs, nevertheless, recognized the necessity, and
confirmed the intention of the Chinese Government to continue the
work of improvement, but in its own right and in its own way.
[Page 91]
[Inclosure 2—Indorsement of the British
minister upon circular of the dean of the diplomatic body to his
colleagues.]
Peking, November 6,
1909.
I can not assent to the view that the Chinese Government is released
from the obligations of the final protocol of 1901 and is at liberty
to continue the conservancy work in its own right and in its own
way.
The protocol of 1901 and the reglement attached thereto created a
mixed conservancy board, with jurisdiction on the Whangpoo River
from the lower limit of the Kiangnan arsenal to the Yangtze. The
expenses of improving the course of the river were estimated at
taels 460,000 a year for the first 20 years, half of which was to be
provided by the Chinese Government and half by the foreign interests
concerned. It specified the manner in which the revenue for the work
was to be raised and provided that if it proved insufficient it
could be increased by bringing the respective moieties up to a
figure which would be adequate to meet the requirements of the
case.
At the special request of the Chinese Government the protocol of 1905
was substituted for the above, and under this China undertook
herself to carry out the conservancy work and to bear the whole
expense of it.
There is nothing, to my mind, in this protocol or in the
correspondence which passed at the time to show that there was any
intention of reducing the work to be done, and consequently of
diminishing the possible expenditure to be incurred. The work has
now come to a standstill for want of funds, and the Chinese
Government have officially stated that they expect to have all the
work completed in the spring or summer of next year. This means that
a large portion of the river included in the protocol of 1901 is
regarded as excluded from the 1905 one, and that the Chinese are no
longer liable for carrying the work as originally contemplated to
completion. I hold that China is bound either to provide the funds
for the completion of the improvement of the course of the Whangpoo
as indicated in the protocol of 1901 or to revert to the principle
laid down in that instrument, in accordance with which one-half of
the funds is to be provided by her and the other half by the foreign
interests concerned, whose share in the control of the expenditure
of the money naturally revives.
