Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 4, 1917

File No. 793.94/556

Minister Reinsch to the Secretary of State

[Extract]

No. 1367

American Legation,
Peking, January 31, 1917.

Sir: I have the honor to transmit for your information certain papers relating to the adjustment of the Chengchiatun Affair, which were given out by the Chinese Government on January 27; they contain a summary of the negotiations leading to the settlement and copies of the memorandum and the notes verbales of the Japanese Government, as well as the formal exchange of notes dated January 12 and 22, 1917, in which the negotiations were concluded.

The important question concerning the stationing of Japanese police officers in Manchuria, has not been settled. In his note on this subject, the Japanese Minister asserts the right to maintain such police, which the Chinese Government in its reply denies. But there is for the immediate present to be no further argument on this question; the Japanese will maintain the stations already established and will probably establish such others as they consider necessary.

I have [etc.]

Paul S. Reinsch

[Inclosure 1]

[Untitled]

[From the Peking Gazette, January 29, 1917]

We publish below the English text of a communique, summarizing the negotiations leading to a settlement of the Chengchiatun affair, which has been issued by the Chinese Foreign Office. This is followed by an authorized translation of the series of documents which have passed between the Japanese and the Chinese Governments in connection with the negotiation and conclusion of the démarche. We add an unofficial translation of the aide memoire handed by the Japanese Minister to Dr. Chen Chin-tao when acting as Minister of Foreign Affairs.

On August 1916, a dispute between a Japanese merchant named Yoshimoto and a Chinese soldier of the 28th Division stationed at Chengchiatun led to a fracas between Japanese and Chinese soldiers. The Japanese soldiers had been in Chengchiatun for over two years. They had no justification for being there. The Chinese Government had repeatedly protested against their presence.

A Japanese policeman who was informed of the dispute induced a Japanese lieutenant to lead some Japanese soldiers to the Chinese barracks to demand satisfaction; a fracas ensued in which four Chinese and twelve Japanese soldiers were killed and others wounded. The Japanese troops were reinforced and new detachments were stationed at posts on the highway between Chengchiatun and Ssupinkai.

On September 2, the Japanese Minister submitted to the Foreign Office a series of eight demands divided into two categories. Four were demands properly so called and four desiderata.

The demands were:

1. Punishment of the general commanding the 28th Division.

2. The dismissal of the officers at Chengchiatun responsible for the occurrence, as well as the severe punishment of those who took direct part in the fracas.

3. Proclamation to be posted ordering all Chinese soldiers and civilians in South Manchuria and Eastern Inner Mongolia to refrain from any act calculated to provoke a breach of the peace with Japanese soldiers or civilians.

4. China to agree to the stationing of Japanese police officers in places in South Manchuria and Eastern Inner Mongolia where their presence was considered necessary for the protection of Japanese subjects. China also to agree to the engagement by the officials of South Manchuria of Japanese police advisers.

The desiderata were:

1. Chinese troops stationed in South Manchuria and Eastern Inner Mongolia to employ a certain number of Japanese military officers as advisers.

2. Chinese military cadet schools to employ a certain number of Japanese military officers as instructors.

3. The Military Governor of Mukden to proceed personally to Port Arthur to the Japanese Military Governor of Kwantung to apologize for the occurrence and to tender similar personal apologies to the Japanese Consul General in Mukden.

4. Adequate compensation to be paid by China to the Japanese sufferers and to the families of those killed.

In deference to the expressed desire of the Japanese Government the Chinese Government did not discuss the rights and wrongs of the case itself but proceeded direct to the discussion of the foregoing demands and desiderata the Chinese Government throughout the negotiations being animated by a sincere desire to meet all Japanese proposals in a spirit of friendly compromise.

From September 9 to November 24 frequent conferences were held, and the five demands embodied in the exchange of notes later referred to were verbally agreed upon. While disposed, however, to make every concession consistent with the preservation of China’s sovereignty, the Chinese Government could not consent to the stationing of Japanese police officers in South Manchuria and Eastern Inner Mongolia and to the employment of Japanese military advisers and instructors.

On October 18 the Japanese Minister submitted a memorandum setting forth the duties of Japanese police officers and seeking to prove that these duties would not conflict with the duties of Chinese police in the same areas.

Dr. Wu Ting-fang, after having assumed charge of the Ministry of Foreign Affairs, continued the negotiations on December 19. Several conferences were held, the Japanese Minister pressing for acceptance of the demands for the employment of Japanese police officers and military instructors and advisers, the Foreign Minister contending that such demands were neither just nor reasonable.

On January 5 the Japanese Minister handed the Chinese Government three notes verbales.

The first had regard to the engagement of military instructors in Chinese cadet schools and explained that this desire on the part of Japan was inspired by the wish to assist in the development of a friendly spirit on the part of the Chinese military in Manchuria and in Eastern Inner Mongolia so that future recurrence of similar misunderstandings might be avoided. Japan expressed the hope that Japanese military instructors in the cadet schools would be appointed. Inasmuch, however, as the question was one which concerned Chinese military affairs it ought to be left to the discretion of the Chinese Government, and the Japanese Government would not insist upon it.

The second had regard to the employment of military advisers in South Manchuria and Eastern Inner Mongolia and affirmed that this proposal on the part of Japan was inspired by the hope of bringing about a friendly interchange of views between the military of the two countries so as to prevent misunderstandings. Japan expressed the hope that Japanese military advisers in South Manchuria and Eastern Inner Mongolia would be appointed. Inasmuch, however, as this was a question concerning the military administration it must be left to the discretion of the Chinese Government, and the Japanese Government would not insist upon it.

The third note verbale had regard to the stationing of police officers. Japanese subjects, it said, traveling and residing in South Manchuria and Eastern Inner Mongolia must increase. For their protection and the preservation of order among them and to prevent misunderstanding it is necessary to increase the establishment of Japanese police officers and police stations. This is a corollary of the rights of extraterritoriality and does not violate Chinese sovereignty. Should the Chinese Government not express its concurrence with this view the Japanese Government would nevertheless, in case of necessity, be forced to carry it into effect.

After due consideration the Chinese Government replied on January 12:

1. In the military cadet schools China has hitherto employed only Chinese instructors. She has no intention at present of employing foreign military instructors.

2. In the office of the Military Governor of Mukden a Japanese military adviser is already employed. The Japanese note verbale was noted.

3. In regard to the stationing of Japanese police officers the Agreement of May 25, 1915, provides that all Japanese subjects in South Manchuria and in Eastern Inner Mongolia referred to in the Agreement shall “submit to the police laws and ordinances and taxation of China.” Questions arising from extraterritorial rights were thus provided for. Although the Japanese Minister may give an assurance that the Japanese police will not infringe the rights of the Chinese police and of the Chinese local administration, the stationing of Japanese police (in Chinese territory) will impair the spirit and the form of Chinese sovereignty and provoke misunderstanding on the part of the Chinese people to the detriment of friendly relations.

In regard to those Japanese police stations already established in Manchuria, the Chinese Government and local authorities have repeatedly protested against their presence. From investigations made by their delegates the Chinese Government are convinced that it was the Japanese police officer illegally stationed at Chengchiatun despite the protests of the Chinese Government (Chengchiatun being Chinese territory far removed from the Railway Zone) whose action was the direct cause of the regrettable conflict. The Chinese Government can never consent to the establishment of Japanese police stations in South Manchuria. It again protests and asks for the removal of those police stations already established.

The Chinese Government therefore requested that this demand should be abandoned and declared that it could not recognize any action taken in pursuance of the Japanese statement that should the Chinese Government not express its concurrence with this demand the Japanese Government would nevertheless in case of necessity carry it into effect.

The negotiations ended by the Governments agreeing to embody in an exchange of notes the following five stipulations:

1. The general commanding the 28th Division will be reproved.

2. Officers responsible will be punished according to law. If the law provides for severe punishment such punishment will be inflicted.

3. Proclamations will be issued enjoining Chinese soldiers and civilians in the districts where there is mixed residence to accord considerate treatment to Japanese soldiers and civilians.

4. The Military Governor of Mukden will send a representative to Port Arthur to convey his regret when the Military Governor of Kwantung and the Japanese Consul General are there together.

5. Solatium of $500 (five hundred dollars) will be given to the Japanese merchant Yoshimoto.

The Chengchiatun incident having originated in a conflict between Chinese and Japanese soldiers, the Chinese Government considers that all Japanese soldiers within the district should be withdrawn in order to prevent any future disturbance. On January 22 the Wai Chiao Pu requested the Japanese Minister to state on what date the Japanese soldiers stationed between Ssupinkai and Chengchiatun would be withdrawn. On the same day a reply was received from the Japanese Minister stating that when the five articles agreed upon are executed the Japanese troops sent to reinforce the Japanese detachment at the time of the incident will be withdrawn.

Throughout the negotiations the Chinese Government always animated by a spirit of compromise have been desirous of coming to a friendly settlement with Japan as proved by the concessions made. It confidently hopes that the Japanese Government will recognize this manifestation of good will and by the mutual exercise of great discipline and restraint in Manchuria in the future any recurrence of such regrettable incidents will be avoided.

Memorandum handed by the Japanese Minister to Dr. Chen Chin-tao, Acting Minister of Foreign Affairs

The Imperial Government of Japan feels that the unfortunate Chengchiatun incident should occur all of a sudden at a time when the relations between Japan and China have recently greatly improved, and their mutual friendship has, just then, marked the beginning of a new era, is a matter of deep regret. It, having made a careful investigation of the facts from all sides, is sincerely hoping for the rendition of an equitable decision based thereon. In a word, the present case arose out of the provocation on the part of the Chinese soldiers. Furthermore, the fact that the Japanese forces were invested and attacked by the Chinese soldiers admits of no doubt. Hence, it cannot be questioned but that the matter is a serious one. The Imperial Government, however, paying great regard to the relations between Japan and China, feels compelled to present this memorandum with a view to settling the case in dispute in a peaceful manner.

The Chinese Government is called upon to immediately effect the following provisions:

Punishment of the general commanding the 28th Division. The dismissal of all Chinese military officers responsible for this incident as well as the severe punishment of those who took direct part in the fracas.

Proclamations to be posted enjoining the whole body of the Chinese troops stationed in South Manchuria and Eastern Inner Mongolia, to refrain from again provoking the Japanese forces, or soldiers, or other Japanese subjects, by either word or act; such proclamation to be also widely published by all Chinese officials functioning in those regions for the general information of the public.

To agree that the Japanese Government may, with a view to the protection and government of the Japanese subjects in South Manchuria and Eastern Inner Mongolia, send Japanese police officers to function at those places where considered to be necessary; also let the Chinese officials in South Manchuria employ more Japanese to serve as police advisers.

The following are optional with the Chinese Government:

Every Chinese army headquarters stationed in South Manchuria and Eastern Inner Mongolia to employ a certain number of Japanese military officers as advisers.

Chinese military cadet schools to employ a certain number of Japanese military officers as instructors.

The Tu Chun of Fengtien Province to pay a personal visit, and to apologize to both the Governor of Kwantung and Japanese Consul-General in Mukden.

Adequate compensation to be paid to the sufferers or their families.

Note Verbale handed by the Japanese Minister to the Chinese Minister of Foreign Affairs

Peking, the 5th day of the 1st month of the 6th year of Taisho.

The statement that if the Chinese Government should employ foreign advisers on military affairs in South Manchuria, Japanese will be employed first, etc., has been made in the note dated May 25 of the 4th year of the Republic of China, annexed to the treaty respecting South Manchuria and Eastern Inner Mongolia. As the employment of Japanese military advisers will facilitate mutual understanding between the military authorities of the two countries, and further as there is no doubt that this will help to prevent various troubles which may arise out of misunderstanding, the Imperial Government entertain the hope that the Chinese Government will continuously employ Japanese military advisers. However, it is not proper for the Imperial Government to insist upon this matter since it concerns the military affairs of the Chinese Government, and should therefore be left to the discretion of the Chinese Government.

Reply

Peking, the 12th day of the 1st month of the 6th year of the Republic of China.

The Minister of Foreign Affairs has the honor to acknowledge the receipt of the Japanese Minister’s note verbale of January 5, stating that [Japanese note repeated]

The Minister of Foreign Affairs has to state that there is a Japanese military adviser already engaged in the Tuchun’s Yamen at Fengtien. The note verbale is noted.

Note Verbale handed by the Japanese Minister to the Chinese Minister of Foreign Affairs

Peking, the 5th day of the 1st month of the 6th year of Taisho.

The Imperial Government hopes the Chinese Government will employ a number of Japanese military officers to be instructors in military cadet schools. This is aimed at helping the training of military officers who will in the future be appointed to the various localities in Manchuria and Mongolia, and also to enlighten the spirit of friendship between China and Japan. Thus, it may be expected that unfortunate incidents like the Chengchiatun case will not occur again and that the root of trouble may be exterminated permanently. However, it is not proper for the Imperial Government to insist upon this matter since it concerns the military affairs of the Chinese Government, and should therefore be left to the discretion of the Chinese Government.

Reply

Peking, the 12th day of the 1st month of the 6th year of the Republic of China.

The Chinese Minister of Foreign Affairs has the honor to acknowledge the receipt of the Japanese Minister’s note verbale of January 5, stating that [Japanese note repeated].

The Minister of Foreign Affairs has to state that hitherto the military cadet school has employed only officers of the national army as instructors and there is at present no intention of employing any foreigner.

Note Verbale handed by the Japanese Minister to the Chinese Minister of Foreign Affairs

In an aide memoire handed by the Japanese Minister to (Dr.) Chen, late Minister of Foreign Affairs, on October 18, 1916, it was stated that in consequence of the operation of the treaty respecting South Manchuria and Eastern Inner Mongolia the Japanese subjects traveling and residing at those places will increase in number and the Imperial Government, with a view to controlling and protecting those Japanese subjects, consider it necessary to increase the establishment of police stations, of which the Chinese Minister of Foreign Affairs is already aware.

The Imperial Government consider that the said demand, in the event of its withdrawal, will expose the Japanese subjects visiting and residing at those places to danger, thus causing trouble and giving rise to serious complications with Chinese officials and citizens.

Inasmuch as it is the duty of the Imperial Government to protect Japanese subjects and its right to control them, not only it cannot view such occurrences with indifference but, in view of the friendly relations of the two nations, it also deems it its duty to take precautionary measures.

As the stationing of Japanese police officers is but a corollary of the right of extra-territoriality, not to speak of the fact that it does not in the least prejudice Chinese sovereignty, it will help to improve the relations of the officials and people of the two countries and bring about the development of economic interests to no small degree.

Therefore the Imperial Government is convinced that the Chinese Government will, without doubt, give its consent and the Imperial Government has to add that while the Chinese Government is making up its mind and withholding its consent the Imperial Government will nevertheless be constrained to carry it into effect in case of necessity.

Dated the 5th day of the 1st month of the 6th Year of Taisho.

Reply

Peking, the 12th day of the 1st month of the 6th year of the Republic of China.

The Minister of Foreign Affairs has the honour to acknowledge the receipt of the Japanese Minister’s note verbale of January 5, stating that [Japanese note repeated].

In reply the Minister of Foreign Affairs has to state that:

Whereas by virtue of the New Chino-Japanese Treaty “Japanese subjects shall be free to reside and travel in South Manchuria and to engage in business and manufacture of any kind whatsoever”; and the Japanese and Chinese may jointly undertake agricultural enterprises and industries incidental thereto in Eastern Inner Mongolia, the Chinese Government, in anticipation of the gradual increase in number of the Japanese subjects, therefore caused to be stipulated in Article 5 of the said treaty that the Japanese subjects in South Manchuria and Eastern Inner Mongolia shall submit to the Chinese police laws and ordinances, so as to enable the Chinese police to effectively discharge the functions of protection and control.

Since the reason in support of the Japanese proposal to station police officers was with a view to protect and control Japanese subjects, but as there are already treaty provisions there is no necessity to station Japanese police officers so as to avoid conflict with the Chinese police rights.

As the seven principal functions of the Japanese police officers, detailed in the aide memoire of October 18 last, are those either which should properly belong to the Chinese police, or those which are provided for by the existing treaties or those which are the duties of the constables (marshals) of consular courts, there is no necessity for the establishment of a Japanese police force, hence the question of police cannot be associated with extra-territoriality and the Chinese Government cannot recognize it as a corollary (of the right of extra-territoriality). Ever since the conclusion of extra-territoriality treaties between China and the foreign powers for several decades, no such claim has ever been heard.

Although the Japanese Minister has repeatedly declared that the said police would not interfere with Chinese local administration and police rights yet after serious consideration by the Chinese Government the stationing of foreign police within the confines of Chinese territory, no matter under whatever circumstances, is prejudicial to the spirit and form of Chinese sovereignty tending to cause misunderstanding on the part of the people, thus placing an impediment to the friendship of the two nations.

As regards the Japanese police stations already established the Chinese Government and the local authorities have repeatedly lodged their protests and have not accorded their recognition, nor is the Chinese Government able to admit the reasons for the stationing of Japanese police officers as stated in the note verbale.

This matter has no connection with the Chengchiatun case, and at the conferences the Japanese Minister has repeatedly expressed the desire to detach it from the Chengchiatun case. The Chinese Government considers it necessary to request the Japanese Government to abandon the matter. As the same time it is not to be construed as meaning that the Chinese Government has recognized any action to carry the matter into effect.

Note from the Japanese Minister to the Chinese Minister of Foreign Affairs

Peking, the 22d day of the 1st month of the 6th year of Taisho.

I have the honor to inform your excellency that with regard to the Chengchiatun affair for the settlement of which several conferences have been held between me and the Chinese Ministry of Foreign Affairs prior to your excellency’s assumption of office. The articles set forth hereunder have been mutually agreed upon and, with the exception of such modifications and alterations to the phraseology, as have been considered, no further negotiation is possible. I, therefore, take this opportunity to submit the same to your excellency’s consideration, and to request that a reply to that effect will be given.

1. The general commanding the 28th Division to be reproved.

2. The Chinese military officers responsible for this incident to be punished according to law. If the law provides for severe punishment such punishment will be inflicted,

3. An official proclamation to be issued in the districts where there is mixed residence for the information of the soldiers and the people in general, to the effect that Japanese soldiers and subjects shall be accorded considerate treatment.

4. The Tu Chun of Fengtien Province to express, in an appropriate way, his regret to the Governor of Kwantung and the Japanese Consul General in Mukden when they are together at Port Arthur, but the method of this expression is left to the discretion of the said Tu Chun.

5. A solatium of $500 is to be given to the Japanese merchant, Yoshimoto.

I avail [etc.]

Reply

Peking, the 22d day of the 1st month of the 6th year of the Republic of China.

I have the honor to acknowledge the receipt of your excellency’s note of to-day, stating [here follows the Japanese Minister’s note].

In reply I have to state that I have taken note of the above articles which I fined are contained in the minutes of the several conferences and the records of this Ministry.

I avail [etc.]

Note from Chinese Minister of Foreign Affairs to Japanese Minister

Peking, the 22d day of the 1st month of the 6th year of the Republic of China.

With regard to the Japanese soldiers despatched by the Japanese Government and stationed between Ssupingkai and Chengchiatun, I have the honor to inquire of your excellency as to the date when they will commence to be withdrawn and also the date when the withdrawal will be completed.

I shall be obliged by a reply setting forth the above details.

I avail [etc.]

Reply

Peking, the 22d day of the 1st month of the 6th year of Taisho.

I have the honor to acknowledge the receipt of your excellency’s note of today, asking for the withdrawal of the Japanese soldiers stationed between Ssupingkai and Chengchiatun. The Imperial Government of Japan is of opinion that the entire additional forces sent to be stationed at the said places in consequence of the occurrence of the Chengchiatun affair will be withdrawn, as soon as the whole arrangement embodied in the five articles which were agreed upon at the Chengchiatun negotiations has been carried out.

I avail [etc.]

Aide Memoire handed by Japanese Minister to Dr. Chen Chin-tao, Acting Minister of Foreign Affairs

Dated 18th day of the 10th month of the 5th year of Taisho.

According to the new treaty concluded last year respecting South Manchuria and Eastern Inner Mongolia, Japanese subjects shall have the right of residence, travel and commercial and industrial trade in South Manchuria, and the right to undertake agricultural enterprises and industries incidental thereto in the eastern part of Inner Mongolia jointly with Chinese subjects. The number of Japanese subjects in South Manchuria and Eastern Inner Mongolia will, therefore, inevitably increase gradually. The Imperial Government of Japan considers it necessary to station Japanese police officers in these regions for the purpose of controlling and protecting their own subjects. It is a fact that a number of Japanese police officers have already been stationed in the interior of South Manchuria and they have been recognized by the local officials of the localities concerned since intercourse has been conducted between them. The Imperial Government of Japan proposes gradually to establish additional stations for Japanese police officers in the interior of South Manchuria and Eastern Inner Mongolia wherever and whenever necessary. The localities where such stations for police officers are to be established will of course depend upon the number of Japanese subjects residing thereat and therefore cannot be specified in advance. Since this will involve great expense, it is unlikely that many police stations will be established at once. The organization of such stations for police officers will also depend upon the existing conditions of the localities selected and the number of Japanese subjects residing at such places. There will be only a few Japanese police officers at each station as established. The more important duties of such police officers are as follows

1. To prevent Japanese subjects from committing crimes;

2. To protect Japanese subjects when attacked;

3. To search, arrest and escort Japanese prisoners under the jurisdiction of a Japanese consulate;

4. To attend to the enforcement of consular orders in connection with civil cases, such as the duties of the registrar;

5. Investigation and supervision of the personal standing of Japanese subjects;

6. Control and discipline of Japanese subjects, who violate the provisions of treaties between Japan and China; and

7. To see that Japanese subjects abide by the provisions of Chinese police regulations when the agreement between Japan and China respecting the same should actually come into force.

In short, the establishment of stations for Japanese police officers in South Manchuria and Eastern Inner Mongolia is based on consular jurisdiction, and its aim is efficiently to protect and discipline Japanese subjects, to bring about a completely satisfactory relationship between the officials and people of the two countries, and gradually to develop the financial relations between Japan and China. The Chinese Government is requested speedily to recognize the demands precisely as it has the establishment of consulates and consular agents in the interior of South Manchuria in pursuance of the policy to maintain the friendly relations between China and Japan.