The Fight for the Republic in China

by B. L. Putnam Weale

1^o MANCHURIA

The treaty between China and Japan of 1915 respecting South Manchuria and Eastern Inner Mongolia giving that power special rights and privileges in those regions has given rise to many knotty problems for the diplomatists of the two countries to solve. Two of such problems are mentioned here.

JAPANESE POLICE BOXES IN MANCHURIA AND MONGOLIA

Since the last days of the Tsings, the Japanese have been establishing police boxes in different parts of South Manchuria and Eastern Inner Mongolia always under protest of the local and Peking authorities. Since the treaty of 1915, a new reason has become available in the right of mixed residence given to Japanese in these regions. It is said that for the protection and control of their subjects, and indeed for the interest of the Chinese themselves, it is best that this measure should be taken. It is further contended that the stationing of police officers is but a corollary to the right of exterritoriality, and that it is in no way a derogation of Chinese sovereignty.

It is pointed out by the Chinese Government that in the treaty of 1915, express provision is made for Japanese in South Manchuria and Eastern Inner Mongolia to submit to the police laws and ordinances and taxation of China (Article 5). This leaves the matter in no doubt. If the Japanese wish to facilitate the Chinese police in their duty of protection and control of the Japanese, they have many means at their command for so doing. It is unnecessary to point out that the establishment of foreign police on Chinese soil (except in foreign settlements and concessions where it is by the permission of the Chinese Government) is, to our thinking, at any rate, a very grave derogation to China's sovereign rights. Furthermore, from actual experience, we know that the activities of these foreign police will not be confined to their countrymen; in a dispute between a Chinese and a Japanese both will be taken to the Japanese station by the Japanese policeman. This existence of an imperium in imperio, so far from accomplishing its avowed object of "improving the relations of the countries and bringing about the development of economic interests to no small degree," will, it is feared, be the cause of continual friction between the officials and people of the two countries.

As to the legal contention that the right of police control is a natural corollary to the right of exterritoriality, it must be said that ever since the grant of consular jurisdiction to foreigners by China in her first treaties, this is the first time that such a claim has been seriously put forward. We can only say that if this interpretation of exterritoriality is correct the other nations enjoying exterritoriality in China have been very neglectful in the assertion of their just rights.

In the Chengchiatun case, the claim of establishing police boxes wherever the Japanese think necessary was made one of the demands. The Chinese Government in its final reply which settled the case took the stand as above outlined.

It may be mentioned in passing that in Amoy the Japanese have also endeavoured to establish similar police rights. The people of that city and province, and indeed of the whole country, as evidenced by the protests received from all over China, have been very much exercised over the matter. It is sincerely hoped that with the undoubted improvement of relations between the two countries within the last several months, the matter will be smoothly and equitably settled.

LEGAL STATUS OF KOREANS IN CHIENTAO

The region which goes by the name of Chientao, a Japanese denomination, comprises several districts in the Yenchi Circuit of Kirin Province north of the Tumen Kiang (or the Tiumen River) which here forms the boundary between China and Korea. For over thirty years Koreans have been allowed here to cultivate the waste lands and acquire ownership therein, a privilege which has not been permitted to any other foreigners in China and which has been granted to these Koreans on account of the peculiar local conditions. According to reliable sources, the Korean population now amounts to over 200,000 which is more than the Chinese population itself. In 1909 an Agreement, known as the Tumen Kiang Boundary Agreement, was arrived at between China and Japan, who was then the acknowledged suzerain of Korea, dealing, inter alia, with the status of these Koreans. It was provided that while Koreans were to continue to enjoy protection of their landed property, they were to be subject to Chinese laws and to the jurisdiction of Chinese courts. The subsequent annexation of Korea did not affect this agreement in point of international law, and as a matter of practice Japan has adhered to it until September, 1915. Then the Japanese Consul suddenly interfered in the administration of justice by the local authorities over the Koreans and claimed that he should have jurisdiction.