393.1123 Lincheng/191

The British Chargé (Chilton) to the Secretary of State

No. 546

Memorandum

His Britannic Majesty’s Chargé d’Affaires presents his compliments to the Secretary of State and, with reference to the memorandum from this Embassy dated June 19th and to the telegram from His Majesty’s Minister at Peking, copy of which was left with Mr. MacMurray by Mr. Craigie on the 22nd instant,4 has the honour to inform Mr. Hughes that the Committee appointed by the Diplomatic Body at Peking to deal with the question of the outrage by brigands on the Tientsin-Pukow Railway have now completed their draft note to the Chinese Government.

[Page 672]

The demands are framed under three heads:—

1.
Compensation subject to agreement between His Majesty’s Government and the United States Government as to the inclusion of (b),
2.
Guarantees for the future:—
(a)
A declaration which commences by recalling the terms of Article 10, Annex 16, of the final protocol of 19015 and states that the Diplomatic Body will demand that the penalties therein prescribed be summarily imposed on military governors or other officials controlling troops who fail to protect foreigners against banditry. If considered necessary the Diplomatic Body will send their own representatives into provinces in which brigands are prevalent to examine and report on conditions there. The Diplomatic Body reserve the right of excluding such guilty officials from the protection of settlements and concessions in treaty ports.
(b)
The Diplomatic Body have decided that existing measures for the protection of the railways are inadequate and that it is their duty to help the Chinese Government to carry out certain necessary reforms which, in their opinion, should consist in the reorganisation of forces of special Chinese police who would be placed under the control of foreign officers. The Diplomatic Body reserve the right, after a more considered study of the question, to present their scheme when elaborated to Chinese Government. (This delay will enable the scheme to include provision for foreign control of accounts of management if agreement can be reached between Powers).
3.
Sanctions.

The note will ask that punishment of various officials from the military governor of Shantung downwards, according as they vary in degrees of responsibility for the outrage, be decided by the Diplomatic Body. The note goes on to say that punishment of a few individuals is not a sufficient sanction for the incident and, in order to reassure foreigners who are anxious in regard to their future safety for which the Chinese Government is responsible, the Diplomatic Body have decided to demand immediate settlement of certain questions which have long been in suspense and which are of equal importance for the nationals of all the Powers as for the development of China, viz., (a) the extension of the international settlement of Shanghai, (b) the extension and improvement of the harbour at Shanghai, (c) the maintenance of the Whangpoo Conservancy Board agreement, (d) the reorganisation of the Mixed Court.

The note concludes by the declaration of the intention of the Diplomatic Body to obtain from the Chinese Government the above mentioned indemnities, guarantees and sanctions in satisfaction of the brigand incident.

There is no doubt that all non-Asiatic foreigners residing in China are very seriously alarmed at the condition of affairs of which [Page 673] the recent brigand outrage is the climax, and, in the opinion of His Majesty’s Minister at Peking, they will probably consider the demands included in the draft Note as minimum both as regards guarantees for the future and as satisfaction for the incident. The prestige of foreigners in China has undoubtedly fallen since the war, for various reasons, and strong measures are required to reestablish that prestige.

His Majesty’s Government approve the draft Note to the Chinese Government with the exception of the demand for the settlement of the four Shanghai questions. In their opinion these questions should be omitted as being irrelevant to the main question of the safety of foreigners and their inclusion would confuse the issue and would expose the Powers to the charge of attempting to exploit the occasion for the purpose of obtaining a favourable settlement disconnected with the main question at issue and a doubt would thus be cast upon the sincerity of the motives of the Powers.

That the Powers cannot expose themselves to a rebuff from the Chinese is obvious, and it is equally clear that the situation calls for firm action. The Powers must therefore be prepared to take such measures as will ensure the acceptance of their minimum demands for the future protection of the lives and property of foreigners in China. If a united policy is adopted by the Powers, and especially by the United States, Japan and Great Britain, and if they are prepared to enforce that policy there is little doubt in the mind of His Majesty’s Government that the Chinese will yield long before it becomes necessary to exercise coercion.

There is every probability that, unless the Powers are determined to exact some real guarantees, incidents similar to the recent bandit outrage will recur and an outburst of public feeling would thereby be provoked which may easily precipitate the Powers into commitments greater than those which they at present contemplate. It is extremely difficult to suggest any methods of pressure of a financial or economic character, and in view of the danger of an outburst of public feeling His Majesty’s Government are therefore prepared to take part in a naval demonstration, and the question of a possible increase in the North China garrison is being considered by the War Office. His Majesty’s Government are, however, averse from the idea of stationing troops in other Treaty Ports and also from the military occupation of railways other than the employment of foreign soldiers as guards on trains, should the Diplomatic Body consider this course desirable.

As an alternative to military occupation, His Majesty’s Government propose, however, that, if necessary, the Powers might inform [Page 674] the Chinese Government that unless they undertake to establish a special Chinese railway police force under foreign officers the question of the establishment of such a force by the Powers themselves will have to be considered, the expenses to be defrayed out of Chinese sources.

In spite of the very special British interests in the Tientsin-Pukow Railway, His Majesty’s Government would be reluctant to act alone but in view of the already excited state of public opinion in the United Kingdom the situation might well develop to a point where, in view of the growing danger to British lives and property, it would be difficult for His Majesty’s Government to remain passive.

In communicating the above views of His Majesty’s Government to the Secretary of State, His Majesty’s Chargé d’Affaires is instructed to enquire whether the United States Government agree to the demands as modified and whether they would be prepared in the last resort to enforce them by cooperating in the application of the measures suggested in this communication.

His Majesty’s Chargé d’Affaires would be grateful for an early expression of the views of the United States Government on the subject.