Mingchien Joshua Bau.

The foreign relations of China: a history and a survey online

. (page 38 of 39)
Online LibraryMingchien Joshua BauThe foreign relations of China: a history and a survey → online text (page 38 of 39)
Font size
QR-code for this ebook

ern Asia, which we shall discuss later. The successful
maintenance of such a doctrine will require that, except
when her own interests or those of humanity are jeopar-
dized, China should abstain from any intervention in the
affairs of Europe, just as she desires European Powers
to keep away from intervention in the affairs of the
Far East. 7


1. For reasons of this change, vide supra, chapter on the
International Cooperation and Control.

2. MacMurrav, Treaties and Agreements with and Concerning
China. 1912/12.

i. MacMurrav, 1913/11.

4. MacMurray, 1914/12.
4A. MacMurrav. 1915/10.

5. MacMurrav, 1906/2.

6. MacMurray, 1906/2.

6A. Vide supra, chapter on The Policy of Russia in China.

7. Vide infra, chapter on The Policy of World Welfare.


The second policy for China is the policy of recovery.
Inasmuch as China's sovereignty has been so much im-
paired by the presence of extraterritoriality and con-
sular jurisdiction, concessions and settlements, leased
territories, spheres of interest or influence, the most
favored nation treatment as practiced in China, and
tariff autonomy as restricted by conventions, the logical
policy, next to the policy of preservation, is the policy
of recovery, that is, the recover)' of rights denied her or
wrested from her, to the end that her sovereignty may
be made full and complete.

This policy is indispensable. As long as this regime
of servitude lasts, so long will China be regarded, not
as an equal, but rather as an inferior, and this will ever
remain a source of shame and humiliation. This regime
also restricts the full exercise of China's sovereignty
and hence obstructs her fullest development. Further,
it is the duty of every state to keep its sovereignty full
and intact, except in so far as it has voluntarily given
its assent to certain limitations. Therefore, China nuts
lenin duty to herself to recover these rights.

To this policy China seems to have lately committed
itself. At the Paris Peace Conference of 1919, through
tin- Chinese Peace Delegation, she announced her claims
for the recovery of impaired rights due to her sov-
ereignty. With respect to extraterritoriality ami con-
sular jurisdiction, she asked that all tin- treaty powers

would engage to relinquish their extraterritoriality and

consular jurisdiction by the end of 1924. With resped

to foreign troops and police, she requested



"that all foreign troops and foreign police agencies now
present on Chinese territory without legal justification
be immediately withdrawn; Arts. VII and IX of the
Protocol of September 7, 1901/ be declared cancelled;
and that the legation guards and foreign troops, sta-
tioned by virtue of these provisions, be completely with-
drawn within the period of one year from the date when
a declaration to this effect is made by the Peace Con-
ference." 2

With reference to foreign postoffices and agencies for
wireless and telegraphic communication, she asked

"that all foreign postoffices be withdrawn from China
on or before January 1, 1921; that no foreign wireless
or telegraphic installations be set up on Chinese terri-
tory without the express permission of the Chinese Gov-
ernment ; and that all such installations as may have
already been set up on Chinese territory shall be handed
over forthwith to the Chinese Government upon due
compensation being given." 3

Relating to concessions and the settlements she re-
quested that they be restored to her by the end of 1924. 4
Respecting leased territories, she submitted the request
that they be restored to her upon her undertaking the
obligation of the protection of property-owners therein
and the administration of the territories restored. 5

As regards spheres of influence or interest, she re-
quested that the various powers interested would each
for itself make a declaration disclaiming any spheres of
influence or interest in China and consent to a revision
of the agreements, or notes, or treaties that have con-
ferred, or may be construed to have conferred territorial
advantages or preferential rights."

As to tariff autonomy, China made the request that
at the end of a definite period she should exercise full
and complete autonomy in tariff regulation, but during


the period of transition or probation, she should be per-
mitted to enter into conventions with the treaty powers,
so that the tariff conventions should be reciprocal in
treatment, and differential in regard to luxuries and
necessaries. She also asked that the rates for neces-
saries should not be less than 12 1-2 per cent, and that
"pending the conclusion of such conventions, the present
tariff shall be superseded by the end of 1921 by the gen-
eral tariff which is applied to the trade of non-treaty
powers." ' Relative to the most favored nation treat-
ment, while there was no mention made thereof in the
published claims of China, it was reported that China
put in a provision for insertion in the Preliminaries of
Peace that Germany would engage, as a basis of the
new treaty of commerce and general relations, "to re-
linquish therein on her part the principle of the so-
called most favored nation treatment." 8

Besides these claims, which were unsuccessful, the
Chinese Government, through its Peace Delegation, sub-
mitted provisions for insertion in the Preliminaries of
Peace with Germany, most of which tend to illustrate
the policy of recovery, and a summary of which fol-
lows : 9

"I. Termination of treaties between China and

( iermany by war and the opening of Tsingtao
to foreign trade and residence.

"II. New treaty of commerce and general relations
to be based upon the principles f equality and
reciprocity, with (iermany relinquishing that
of most favored nation treatment.

"III. Withdrawal from Germany of Protocol df
September 7. L901.

"IV. Cession of German public property in Chinese


"V. Compensation for losses of Chinese Govern-

meiit and nationals.
"VI. Reservation of right of claiming war indemnity.


"VII. Reimbursement of expenses for internment
and maintenance of prisoners of war.

"VIII. Restitution of astronomical instruments and
other works of art.

"IX. Engagement to ratify International Opium
Convention of January 23, 1912." 10

Similar articles, with slight changes, were also sub-
mitted for insertion in the Treaty of Peace with Austria.

Of all these provisions, only three were incorporated,
with some modifications, in the Treaty of Peace with
Germany, namely, those relating to the withdrawal from
the Protocol of September 7, 1901, the cession of Ger-
man public property in Chinese territory, and the resti-
tution of astronomical instruments and other works of
art. The entire list of articles relating to China appears
however as follows :

"Germany renounces in favor of China all benefits and
privileges resulting from the provisions of the final
protocol signed at Peking on September 7, 1901, and
from all annexes, notes, and documents supplementary
thereto. She likewise renounces in favor of China any
claim to indemnities accruing thereunder subsequent
to March 14, 1917 (Art. 128).

"From the coming into force of the present treaty the
high contracting parties shall apply, in so far as con-
cerns them respectively ;

"1. The Arrangement of August 29. 1902, regarding
the New Chinese Customs Tariff ;

"2. The Arrangement of September 27, 1905, regard-
ing Whangpoo, and the provisional supplementary
Arrangement of September 24, 1912.

"China, however, will no longer be bound to grant to
Germany the advantages or privileges which she allowed
Germany under these arrangements (Art. 129).

"Subject to the provisions of Section VIII of this
Part, 11 Germany cedes to China all the buildings,
wharves and pontoons, barracks, forts, arms and muni-


tions of war, vessels of all kinds, wireless telegraphy
installations and other public property belonging to the
German Government, which are situated or may be in
the German concessions at Tientsin and Hankow or
elsewhere in Chinese territory.

"It is understood, however, that premises used as
diplomatic or consular residences or offices are not in-
cluded in the above cession, and, furthermore, that no
steps shall be taken by the Chinese Government to dis-
pose of the German public and private property situated
within the so-called Legation Quarter at Peking with-
out the consent of the Diplomatic Representatives of the
Powers which, on the coming into force of the present
treaty, remain Parties to the Final Protocol of Septem-
ber 7, 1901 (Art. 130).

"Germany undertakes to restore to China within
twelve months from the coming into force of the present
treaty all the astronomical instruments which her troops
in 1900-1901 carried away from China, and to defray
all expenses which may be incurred in effecting such
restoration, including the expenses of dismounting, pack-
ing, transporting, insurance and installation (Art. 131).

"Germany agrees to the abrogation of the leases from
the Chinese Government under which the German con-
cessions at Hankow and Tientsin are now held.

"China, restored to the full exercise of her sovereign
rights in the above areas, declares her intention of open-
ing them to international residence and trade. She fur-
ther declares that the abrogation of the leases under
which these concessions are now held shall nol affect the
property rights of national's of Allied and Associate Pow-
ers who are holders of lots in these concessions.
(Art. 132).

"Germany waives all claims againsl the Chinese Gov-
ernment or against any Allied or Associated govern-
ment arising out of the internment of German nationals
in China and their repatriation. She equally renounces
all claims arising oul of the capture and condemnation
of German -hips in China, or the liquidation, sequestra-
tion or control of German properties, rights- and inter-
ests in that country since August 14, T'17. This pro-


vision, however, shall not affect the rights of the parties
interested in the proceeds of any such liquidation, which
shall he governed by the provisions of Part X (eco-
nomic clauses) of the present Treaty (Art. 133).

"Germany renounces in favor of the Government of
His Britannic Majesty the German state property in the
British concession at Shamen at Canton. She renounces
in favor of the French and Chinese governments con-
jointly the property of the German school situated in
the French concession at Shanghai" (Art. 134)."

Similar articles, mutatis mutandis, and except the one
relating to the restitution of astronomical instruments
and other works of art, appeared in the Treaty of Peace
with Austria and Hungary."

In addition to these, upon the declaration of war on
the Central Powers, China abrogated all her treaties
with them. As a result, she extinguished the extrater-
ritorial rights of German and Austrian subjects in China.
She also took over the German concessions at Tientsin
and Hankow, and the Austrian concession at Tientsin,
and administered the municipalities therein through the
Bureaux for the Municipal Administration of the Special
Areas. In addition, taking advantage of the collapse
of the old Czaristic regime in Russia, she terminated all
relations with the old regime by a Presidential Mandate
of September 23, 1920, withdrawing recognition from
the officials of the old regime and temporarily taking
over the interests of Russia, pending the eventual estab-
lishment of a stable government there. She also as-
sumed the protection of the Chinese Eastern Railway
belonging to Russia, and, to some extent, regained a par-
tial control of the line.

From the above account, it is obvious that China is
undertaking the policy of recovery. As, however, an
irresponsible pursuance of this policy may lead to fric-
tion and even conflict, since the Powers hitherto enjoy-


ing special rights are generally reluctant to surrender
the same, it is essential that we should state certain defi-
nite principles based on justice and righteousness, which
should govern the execution of this policy. First, to re-
cover vested interests, due compensation must be paid.
As an illustration, if China desires to recover certain
railway concessions in which foreign capitalists have in-
vested, she should refund the capital. This principle
seems to have been followed by the Chinese Government,
when it asked for the recovery of agencies for wireless
and telegraphic communications in exchange for due
compensation. 13

Second, what is vital should be recovered as soon as
possible. For instance, the leased territories, being all
strategic bases and indispensable to national defense,
should be recovered at the earliest possible moment.
Pending their recovery, these leased territories should be
neutralized by an international agreement, so that China
may not be unnecessarily involved in a war in which a
lessee state is a party, in order that she may better safe-
guard her own neutrality, and that the experience of
Kiaochow or Shantung may not be repeated. Con-
versely, what is not vital to us, and especially what is
vital to the concessionnaire state, should be treated with
due caution and consideration. In such cases, while no
encouragement should be given for retention, due con-
sideration of the vital interests of the party concerned
should govern our procedure, to the end that harmony
and friendship may not be marred.

Third, and lastly, for whatever rights she see!
recover, China should viand prepared to assume the cor-
responding duties. Rights and duties being correlatives,

she should alv,;i\ be ready to fulfill the duties for the
rights to be recovered. For example, to recovei
traterritoriality and consular jurisdiction, she should be

prepared to fulfill the duty of efficient and modern judi-
cial administration. To recover concessions and Settle-


ments, she should be ready to assume the responsibilities
of modern municipal administration. To regain leased
territories, she should stand ready to preserve and pro-
these strategic bases; that is to say, she must under-
take the obligation of maintaining a strong army and


1. Hertslet's China Treaties, Vol. 1, No. 26, pp. 128-129.

2. The Shantung Question, submitted by China to the Paris
Peace Conference, 1919, published by the Chinese National Wel-
fare Society in America, March, 1920, p. 90; cf. Questions for
Readjustment, submitted to the Paris Peace Conference, 1919,
by the Chinese Government, p. 31.

3. Ibid, p. 90.

4. Ibid., p. 91.

5. Ibid., p. 91.

6. Ibid., p. 90.

7. Ibid., p. 91.

8. Millard's Review, Supp., July 17, 1920, Millard, China's Case
at the Peace Conference, p. 5; vide supra, chapter on The Most
Favored Nation Treatment.

9. Millard's Review, Supp., July 17, 1920, ibid., p. 4, Millard,
China's Case at the Peace Conference.

10. For a full statement of these provisions for insertion,
see Millard's Review, Supp., July 17, 1920, ibid., pp. 4-5.

11. Articles 156, 157, 158, Relating to Shantung, which
awarded the former German rights in Shantung to Japan.

12. Supp. of American Journal of Internatl. Law, Jan. and
Apr.. 1020, Treaty of Peace with Austria, Sept. 10, 1919; The
American Journal of International Law, Jan., 1921, Treaty of
Peace with Hungary, June 4, l ( '_'o.

13. The Sliantung Question, op. cit., p. 90.



The third policy for China should be the policy of the
Golden Rule. By this we mean a policy of applying to
the international relations of China the tested rule of
mankind вАФ "Do unto others as you would have others do
unto you," or, to use a simpler expression, "Love thy
neighbor as thyself."

It is often questioned whether the Golden Rule, ap-
plicable to private relations, can be applied to interna-
tional relations. It is claimed that inasmuch as nations
are not exactly like the individual, the Golden Rule is
not admissible or applicable in international relations.
History, however, does not support this contention. On
the contrary, it serves to prove the applicability of the
Golden Rule in these relations. In 1871 Germany hu-
miliated France. She took Alsace-Lorraine, saddled a
crushing burden of indemnity upon her, and caused her
to sign a treaty of humiliation in the Hall of Mirrors
at Versailles. She did not treat France as herself, nor
do unto France as she would have France do to her. In
1919, as measure for measure, France recovered Alsace-
Lorraine, and in conjunction with her Allies, caused I rer-
many to sign a treaty of humiliation in the same Hall
Of Mirrors at Versailles, where Germany had humiliated
France forty-eighl years before. 1 To-day, France is
endeavoring to impose on Germany a crushing load of
indemnity as Germany had done in 1871. As Germany
had dealt with France, so France deals with Germany.

On the other hand, Lafayette came over and fought
for the independence of the United States. He treated
this country as his own, or did what he would have



this country do to France. In return, in less than a
century and a half, when French liberty was imperiled,
the United States came to the rescue, and when General
Pershing landed at France, he placed at the feet of the
statue of Lafayette a wreath bearing the laconic tribute,
"Lafayette, we are here." Thus, as Lafayette had dealt
with this nation, so the American people dealt with

Again, in the history of China, there are two nations
whose relations with China further illustrate the appli-
cability of the Golden Rule in international relations.
Japan sought to extend her territorial limits in the di-
rection of Manchuria and Mongolia, and to gain the
political control of China. She violated, as we recall,
the neutrality of China in her seizure of German rights
in Shantung, and subsequently deprived China at the
Paris Peace Conference of the legitimate fruits of China's
entrance into the war. She would not wish China to
expand territorially at her expense, nor to seek the po-
litical control of the Tokio Government ; nor would she
wish to see China violate her neutrality or sovereignty
or deprive her of the legitimate fruits of war; and yet
she did all these things to China. She did not regard
the territorial integrity and the political independence of
China as sacred as her own. She did not respect the
rights and welfare of China as her own. In short, she
did not treat China as herself. As a consequence, her
trade in China met a serious setback in the Chinese
boycott. Her prestige and popularity, won through the
Russo-Japanese War, are practically wiped out. She
failed to apply the Golden Rule, and she therefore lost
the friendship of China.

In striking contrast with Japan is the record of the
United States. She sent missionaries to promote the
welfare of the Chinese. She refrained from the struggle
for leases and concessions, while the other Powers made
China a happy hunting ground. On the contrary, when


China was on the brink of partition, she came with the
Open Door Doctrine, whicli contributed much toward
saving China from dismemberment. In justice and gen-
erosity, she remitted the uncovered balance of the Boxer
indemnity, thus affording means to Chinese youths for
education in America. As a result, she has won the
gratitude and good-will of the Chinese. She enjoys the
enviable honor of being considered China's best friend.
Inasmuch as she has respected and exerted her efforts
to maintain the territorial integrity and political inde-
pendence of China, inasmuch as she has made possible
the education of Chinese youths within her borders, who
are bound to influence, if not control, the future destiny
of China, she has, in these respects, truly regarded
China as herself, or done what she would have had China
do to her, had she been in her place. She has followed
the Golden Rule and so she has won the friendship
and good-will of the Chinese.

From these historic instances, it may be seen that the
Golden Rule applies to relations between nations as it
does between individuals. As one nation deals with
another, so shall she be dealt with. If she does not regard
other nations as herself, or do what she would have
others not do to her, she will likewise be retributed. The
nation that follows the Golden Rule will win the friend-
ship of other nations. She that fails to do so shall lose
the same.

This being so, it is but fitting and proper that China
should adopt the policy of the Golden Rule* Through-
out China's diplomatic history, the Powers, on the whole,
have failed to apply the Golden Rule, but, on the con-
trary, have treated her with arrogance, Belfishnesa and
aggressiveness. While it is but natural for her to react
with .similar violations of the Golden Rule, it is, never-
theless, the part of wisdom and righteousness tn abandon
any measure of revenge or retaliation, and to return the
failures of foreign Powers with the application of the


Golden Rule. This not only returns good for evil, but
also prevents any further degeneration of international
morality. Further, the Golden Rule is the fundamental
moral law governing the relations between individuals as
well as nations. It underlies the entire system of inter-
national law. Hence, the pursuance of this policy will
bring China in harmony with this fundamental moral
law, with the consequences of peace and concord. What
is more, the Golden Rule is the way to win friendship.
Any individual or nation applying it will gain the friend-
ship of the persons or nations to whom the Rule is
applied. If China applies this rule in her international
relations, she will win the friendship of all nations.

In applying this Golden Rule, there are two princi-
ples which must be distinctly observed. The first is
that of equality. The Golden Rule presupposes the equal-
ity of the parties concerned. Henceforth in all dealings
China should make this principle of equality the basis
of international relations. This principle appears all the
more imperative when we trace the history of China in
this respect. After the opening of China and before
her defeat at the hands of Great Britain and France in
1857-60, she was proud and did not regard Western Pow-
ers as equals. After defeat, however, she was chastened
and recognized her equality with the other states. This
attitude prevailed throughout the period of the loss of
dependencies, until the Chino-Japanese War, when her
weakness was exposed through the victorious arms of
Japan. From that time onward China dropped below
the level of equality and occupied the position of an
international inferior. This remained so until the
Chinese Revolution of 1911, when she manifested to the
world the strength of her newly awakened nationalism,
which slightly improved her international status, but it
was not until her entrance into the war and her admira-
ble record at the Paris Peace Conference that her inter-


national position rose again to the level of equality.
Vis-a-vis the Central Powers, the old treaties having been
abrogated, she now stands as an equal. Likewise, with
all the non-treaty States, she maintains a similar position
of equality. In fact, she has persistently insisted on the
principle of equality as being a requisite basis of any
treaty to be entered into with the non-treaty States. To
this effect the Presidential Mandate of April 28, 1919,
reads : 2

"Hereafter, all non-treaty countries wishing to enter
into treaty relations with China should do so on the basis
of equality."

It is only in her relations with the other treaty Powers
having their treaties still in force that China is still under
the servitude of the old regime. It is here also that China
should apply the principle of equality and endeavor, as
far as feasible, to have those old treaties revised and new
ones concluded based on the principle of equality.

A second principle of the Golden Rule is that of reci-
procity. This is the essence or keynote of the Golden
Rule. Any observance of the Golden Rule demands the
observance of the principle of reciprocity. This is made
all the more imperative when we realize that throughout
China's diplomatic history there is a significant absence

Online LibraryMingchien Joshua BauThe foreign relations of China: a history and a survey → online text (page 38 of 39)