File No. 4002/223–225.
Chargé Fletcher to
the Secretary of State.
American Legation,
Peking, July 3,
1909.
No. 1198.]Sir: Confirming the telegrams recently
exchanged with the department and continuing Mr. Kockhill’s No. 1154, of
May 19 last, I have the honor to inclose copy of the note which I have
addressed to the Wai-wu Pu, under date of June 23, on the subject of
municipal organizations on the lands of the Chinese Eastern Railway
Co.
I have, etc.,
[Inclosure.]
Chargé Fletcher
to the Prince of Ching.
American Legation,
Peking, June 23,
1909.
Your Imperial Highness: Copies of the notes
exchanged on the 11th of May last between your highness’ board and
the Russian minister recognizing the full sovereignty of China over
the land leased to the Chinese Eastern Railway in the three eastern
provinces, and pledging the two Governments to maintain therein all
the rights and privileges enjoyed by subjects of other powers under
the treaties between China and said powers, and the text of the
preliminary arrangement signed on the same date, have been submitted
by this legation to the Government of the United States, which
[Page 213]
has now instructed me to
convey to your highness an expression of the gratification it feels
in the terms of the notes exchanged on May 11.
As regards, however, the preliminary arrangement signed on the same
date, inasmuch as numerous provisions of it appear to conflict with
the said treaty rights, the Government of the United States finds it
impossible to accept this preliminary arrangement as binding upon it
or its citizens, and I am instructed to point out, with reference to
the said preliminary arrangement and the detailed regulations to be
elaborated as mentioned in Article XVII thereof, that rules for the
government of international municipalities in China must receive the
approval of the treaty powers before they can be made applicable to
foreign subjects.
I have the honor to suggest, therefore, that these regulations should
be drawn up in consultation with the diplomatic and consular
authorities of the treaty powers.
I avail, etc.,
