File No. 4002/45–46.
American Legation,
Peking, February 25,
1908.
No. 851.]
[Inclosure—Translation.]
The Prince of Ch’ing
to Chargé Fletcher.
Foreign Office,
Peking, February 25,
1908.
No. 392.]
Your Excellency: The various foreign
ministers in Peking have called at the office of the board of
foreign affairs on different occasions oi
Jate to inquire about the municipal administration of Harbin by the
railway authorities, and I therefore have the honor to transmit to
your excellency the following exposition of this affair:
In the twelfth moon of last year (January, 1908) a telegram was
received from the viceroy of Manchuria to the effect that a
municipal council had been established by Russia for the
administration of the railway territory at Harbin; that the members
of this council were to be elected; and that the various foreign
consuls in Harbin were to be given the right to vote.
Upon receipt of this telegram my board sent a, dispatch to his
excellency, Mr. Pokotilow, the Russian minister, asking him to give
the necessary instructions that this new order of things might cease
and the municipal regulations be canceled.
A reply was subsequently received from his excellency, Mr. Pokotilow,
to the effect that, according to Article VI of the Chinese Eastern
Railway agreement, the railway company has an absolute and exclusive
right of administrating its lands. Consequently the institution of
municipal rule by the railway company at the various places where
they have acquired territory is in no way contrary to Article VI of
the agreement and the rights acquired thereby.
My board thereupon sent a further communication to the Russian
minister objecting to the position taken by him in the following
terms:
The words, “land required by the company,” as used in Article
VI of the agreement, mean only the land actually required
for the use of the railway. Thereon the company may erect
any buildings and may establish a telegraph line, worked by
the company, for the company’s use; but as regards the
matter of protection of the land and maintenance of the
peace thereon, the authority for that rests in the hands of
the Chinese officials, as witness Article V of the same
agreement, which plainly stipulates that “the Chinese
Government will take measures for the protection of the line
and of the men employed thereon”; and, further, “all crimes
and law suits arising on the land of the company will be
dealt with by the local officials in accordance with the
treaty.”
‘From this it may be seen that the authority to administer
the land rests entirely with China. There can be no doubt
about it whatever. Therefore the action of the railway
company in instituting municipal administrations at any of
the various places on the line is evidently a usurpation of
China’s sovereignty, and it is absolutely impossible for the
board of foreign affairs to recognize their rights in so
doing.
It becomes my duty to send the above extracts from our records in
order that you may be informed of the matter and acquaint the
American consuls at Harbin and other places with the situation.
A necessary dispatch.