THE SINO-JAPANESE NEGOTIATIONS OF 1915 Japanese and Chinese Documents and Chinese Official Statement Carnegie Endowment for International Peace division of international law pamphlet no. 45 K2~ F3^ Cornell University Library JX T906^.A3 no.45 The Sino-Japanese negotiations of 1915; J 3 1924 017 505 888 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017505888 Pamphlet Series of the Carnegie Endowment for International Peace Division of International Law No. 45 THE SINO-JAPANESE NEGOTIATIONS OF 1915 Japanese and Chinese Documents and Chinese Official Statement WASHINGTON PUBLISHED BY THE ENDOWMENT 1921 /3 % 77^7- COPYRIGHT I92I BY THE CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE GIBSON BROS., INC.. PRINTEBa, WASHINGTON NOTE A Conference on the Limitation of Armament was called on August 11, 1921, by the Government of the United States, to meet in Washington on November 11, 1921, the third anniversary of the signing of the armistice between the victorious Allied and Associated Powers and Germany. The representatives of the Powers originally invited to the Conference were the British Empire, France, Italy, and Japan, for the consideration of the question of the limitation of arma- ment, and China for the discussion of Pacific and Far Eastern Questions. Later, representatives of Belgium, the Netherlands and Portugal, were invited to take part in the discussion of ques- tions concerning the Pacific. The tentative program agreed upon embraces the following subjects: Limitation of Armament 1. Limitation of naval armament, under which shall be discussed: {a) Basis of limitation. {b) Extent, (c) Fulfillment. 2. Rules for control of new agencies of warfare. 3. Limitation of land armament. Pacific and Far Eastern Questions 1. Questions relating to China. First : Principles to be applied. Second : Application. Subjects : («) Territorial integrity. {b) Administrative integrity. (c) Open door — equality of commercial and industrial oppor- tunity. {d) Concessions, monopolies or preferential economic privileges. {e) Development of railways, including plans relating to Chi- nese Eastern Railway. (/) Preferential railroad rates. {g) Status of existing commitments. 2. Siberia (similar headings). 3. Mandated islands (unless questions earlier settled). Electrical communications in the Pacific. VI NOTE Under the heading of "Status of Existing Commitments" it is expected that opportunity will be afforded to consider and to reach an understanding with respect to unsettled questions involving the nature and scope of com- mitments under which claims of rights may hereafter be asserted. In the belief that the dissemination of information regarding the status of armaments, the collection of official documents throwing light upon the situation in the Pacific, and the furnish- ing of accurate accounts of the issues involved in some of the more important problems confronting the Conference, would render a service to the public and perhaps even to the delegates to the Conference, the Carnegie Endowment for International Peace has undertaken the preparation and publication of a series of pamphlets of which the present pamphlet is one. The sources of the Japanese and Chinese Documents and the Chinese Official Statement concerning the Sino-Japanese Negotiations of 1915 are indicated in the body of the work. The meeting of so many nations in conference, following upon the close of a great war, is in itself an event of no mean import- ance. The holding of a conference upon the limitation of arma- ment in succession to the First Hague Peace Conference called to consider the burden of armaments and the means for its decrease, with the possibility of an agreement in conference upon some of the questions of international import in addition to armaments, is an indication that the world is returning to "normalcy" and turning to the experience of The Hague. That the Conference may be successful in all the phases of its program should be the desire of men and women of good-will in all parts of the world. James Brown Scott, Director. Washington, D. C, October 10, 1921. CONTENTS Japanese and Chinese Documents PAGE [JAPANESE OFFICIAL TRANSLATION] I. Instructions given by Baron Kato to Mr. Hioki ; handed in Tokyo, December 3, 1914 1 The Twenty-one Japanese Proposals 2 II. Counter Project of the Chinese Government, handed to Mr. Hioki on February 12, 1915 8 III. The Amended Japanese Proposals, presented to the Chinese Government by Mr. Hioki on April 26, 1915 10 IV. The Final Amended Project of the Chinese Government, handed to Mr. Hioki on May 1, 1915 23 V. Japan's Ultimatum to China, delivered by Mr. Hioki to the Chinese Minister of Foreign Affairs, May 7, 1915 31 VI. Explanatory Note handed to the Chinese Minister of For- eign Affairs by the Japanese Minister at the time of the de- livery of the Ultimatum, May 7, 1915 36 VII. The Reply of the Chinese Government to the Ultimatum of the Imperial Government, handed to Mr. Hioki on May 8, 1915 38 VIII. Treaties Signed and Notes Exchanged between Japan and China on May 25, 1915 39 [CHINESE OFFICIAL TRANSLATION] Japan's Original Demands. Translation of Documents handed to His Excellency the President, Yuan Shih Kai, by His Excellency Mr. Hioki, the Japanese Minister, on January 18, 1915 2 Japan's "Revised" Demands on China, Twenty-four in All, pre- sented April 26, 1915 10 Memorandum read by the Minister of Foreign Affairs to Mr. Hioki, the Japanese Minister, at a Conference held at Wai Chiao Pu, May 1, 1915 19 China's Reply of May 1, 1915 to the Japanese Revised Demands of April 26, 1915 23 VIU CONTENTS PAGE Japan's Ultimatum to China delivered by the Japanese Minister to the Chinese Government on May 7, 1915 31 Explanatory Note Accompanying Ultimatum delivered to the Min- ister of Foreign Affairs by the Japanese Minister, May 7, 1915.... 36 China's Acceptance of the Ultimatum. Reply of the Chinese Gov- ernment to the Ultimatum of the Japanese Government, deliv- ered to the Minister of Foreign Affairs on May 8, 1915 38 The Chino- Japanese Treaties and Annexes 39 Chinese Official Statement Official Statement by the Chinese Government respecting the Sino- Japanese Negotiations now Brought to a Conclusion by China's Compliance with the Terms of Japan's Ultimatum delivered on May 7, 1915 64 The Sino-Japanese Negotiations of 1915 JAPANESE AND CHINESE DOCUMENTS I. Instructions given by Baron Kato to Mr. HioM; Handed in Tokyo, December 3, 1914 [JAPANESE] In order to provide for the readjustment of affairs consequent on the Japan- German war and for the purpose of ensuring a lasting peace in the Far East by strengthening the position of the Empire, the Imperial Government have re- solved to approach the Chinese Government w^ith a view to conclude treaties and agreements mainly along the lines laid down in the first four Groups of the appended proposals. Of these, the first Group relates to the settlement of the Shantung question, while the second Group has for its chief aim the defining of Japan's position in South Manchuria and Eastern Inner Mongolia, that is to say, securing at this time from the Chinese Government full recognition of Japan's natural position in these regions, absence of which has hitherto been the cause for various questions tending to estrange the feelings of the two peoples towards each other. The object of the third Group is to safeguard the best interest of the Han-Yeh-Ping Company, with which Japanese capitalists are closely identified. It will thus be seen that there is nothing especially new in our proposals embodied in the foregoing three Groups, while as regards the fourth Group, it is only intended to emphasize the principle of China's terri- torial integrity, which has so often been declared by the Imperial Government. Believing it absolutely essential, for strengthening Japan's position in East- ern Asia as well as for preservation of the general interests of that region, to The Japanese and Chinese documents and the Chinese Official Statennent printed herein are the official English translations published by the Japanese and Chinese Governments in 1915 under the respective titles of Documents regarding the Negotia- tions bettiieen Japan and China, 1915; and Japan's Demands, Official Statement by the Chinese Government respecting the Sino-Japanese Negotiations noi Tien Shili Fu Kou Pen-hsi (( Sha Sung Kang Hai-lung 7) Sha Sung Kang Hai-lung (( T'ieh Ch'ang T'ung-hua H T'ieh Ch'ang T'ung-hua (( Nuan Ti T'ang Chin tt Nuan Ti T'ang Chin (( An Shan Chan From Liao- ■yeng An Shan Chan From Liao-yang region to Pen-hsi Iron region to Pen-hsi Iron PROVINCE OF KIRIN (Southern portion) Locality District Mineral Sha Sung Kang Ho-lung Coal & Iron Kang Yao Kirin Coal Chia P'i Kou Hua-tien Gold Art. V. (An exchange of notes may be acceptable). The Chinese Government agree that they will here- after build railways in South Man- churia with funds from Chinese sources, and if foreign capital is re- quired preference shall be given to Japanese capitalists; and that in case a foreign loan is to be made on the security of the taxes of South Man- churia (excepting the customs and salt revenues which are already made the securities for loans contracted by the Central Government) preference shall be given to Japanese capitalists. PROVINCE OF KIRIN (Southern portion) Locality District Mineral Sha Sung Kang Ho-lung C. &I. Kang Yao Chia P'i Kou Chilin (Kirin) Coal Hua-tien Gold Art. VI. (An exchange of notes may be acceptable). The Chinese Art. 5. (Changed to an exchange of notes.) The Chinese Government declares that China will hereafter provide funds for building railways in South Manchuria; if foreign capital is re- quired, the Chinese Government agrees to negotiate for the loan with Japanese capitalists first. Art. 5a. (Changed to an exchange of notes.) The Chinese Government agrees that hereafter, when a foreign loan is to be made on the security of the taxes of South Manchuria (not in- cluding customs and salt revenue on the security of which loans have al- ready been made by the Central Gov- ernment), it will negotiate for the loan with Japanese capitalists first. Art. 6. (Changed to an exchange of notes.) JAPANESE AND CHINESE DOCUMENTS 15 Government declare that whenever in future the Chinese Government pro- pose to employ foreign political, finan- cial, military or police advisers or in- structors in South Manchuria, Japan- ese will be employed first. Art. VII. The Chinese Govern- ment agree to make speedily a funda- mental revision of the Kirin-Chang- chun Railway Loan Agreement, tak- ing as a standard the provisions in rail- way loan agreements made heretofore between China and foreign capitalists. If, in future, more advantageous terms than those in the existing railway loan agreements are granted to foreign cap- italists in connection with railway loans, the above-mentioned Kirin- Changchun Railway Agreement shall, if so desired by Japan, again be re- vised, Art. VIII. All existing treaties be- tween Japan and China relating to Manchuria shall, except as otherwise provided in this Convention, remain in force. The Chinese Government declares that hereafter if foreign advisers or instructors on political, financial, military or police matters, are to be employed in South Manchuria, Jap- anese will be employed first. Art. 7. The Chinese Government agrees speedily to make a fundamental revision of the Kirin-Changchun Rail- way Loan Agreement, taking as a standard the provisions in railway loan agreements made heretofore between China and foreign financiers. If, in future, more advantageous terms than those in existing railway loan agree- ments are granted to foreign finan- ciers, in connection with railway loans, the above agreement shall again be revised in accordance with Japan's wishes. Chinese Counter-proposal to Article 7 All existing treaties between China and Japan relating to Manchuria shall, except where otherwise provided for by this Convention, remain in force. Matters Relating to Eastern Inner Mongolia 1. The Chinese Government agree that whenever in future a foreign loan is to be made on the security of the taxes of Eastern Inner Mongolia, the Japanese Government will be con- sulted first. 2. The Chinese Government agree that in future they will build railways in Eastern Inner Mongolia with funds from Chinese sourees, and if foreign capital is required the Japanese Gov- ernment will be consulted first. Matters Relating to Eastern Inner Mongolia 1. The Chinese Government agrees that hereafter when a foreign loan is to be made on the security of the taxes of Eastern Inner Mongolia, Chin.1 must negotiate with the Japan- ese Government first. 2. The Chinese Government agrees that China will herself provide funds for building the railways in Eastern Inner Mongoha; if foreign capital is required, she must negotiate with Japanese Government first. 16 THE SINO-JAPANESE NEGOTIATIONS OF 1915 3. The Chinese Government agree to open of their own accord, as soon as possible, suitable places in Eastern Inner Mongolia for the residence and trade of foreigners. The places to be so opened and the regulations therefor shall be determined by the Chinese Government after consultation with the Japanese Minister. 4. In the event of Japanese and Chinese desiring jointly to undertake agricultural enterprises and industries auxiliary thereto in Eastern Inner Mongolia, the Chinese Government shall give their permission. Group III. In view of the close relations be- tween Japan and the Han-Yeh-Ping Company, the ^Chinese Government shall approve the agreement that may hereafter be reached by those inter- ested in the said Company with Japan- ese capitalists for its joint undertak- ing, nor shall the Chinese Govern- ment confiscate the Company, nor shall, without consent of the Japanese capitalists, nationalize it, nor shall permit it to contract any foreign loan other than Japanese. Group IV. The Chinese Government to make the following declaration: The Chinese Government will not cede or lease to any other Power any bay, harbour or island along the coast of China. 3. The Chinese Government agrees, in the interest of trade and for the residence of foreigners, to open by China herself, as soon as possible, cer- tain suitable places in Eastern Inner Mongolia as Commercial Ports. The places which ought to be opened are to be chosen, and the regulations are to be drafted, by the Chinese Govern- ment, but the Japanese Minister must be consulted before making a decision. 4. In the event of Japanese and Chinese desiring jointly to undertake agricultural enterprises and industries incidental thereto, the Chinese Gov- ernment shall give its permission. Group III. The relations between Japan and the Hanyehping Company being very intimate, if those interested in said Company come to an agreement with the Japanese capitalists for coopera- tion, the Chinese Government shall forthwith give its consent thereto. The Chinese Government further agrees that, without the consent of the Japanese capitalists, China will not convert the Company into a state en- terprise, nor confiscate it, nor cause it to borrow and use foreign capital other than Japanese. Group IV. China to give a pronouncement by herself in accordance with the follow- ing principle: No bay, harbour, or island along the coast of China may be ceded or leased to any Power. JAPANESE AND CHINESE DOCUMENTS 17 Group V. 1. (Notes to be exchanged). The Chinese Government shall not permit any Power to construct a dockyard, a coaling station for mili- tary use, or a naval base or to set up any other miltiary establishment on the coast of Fukien Province, nor shall they allow any like establishment to be set up with any foreign capital on the said coast. 2. (Notes to be exchanged). (Notes to be exchanged) The Chinese Government agrees that no nation whatever is to be per- mitted to construct, on the coast of Fukien Province, a dock-yard, a coal- ing station for military use, or naval base: nor to be authorized to set up any other military establishment. The Chinese Government further agrees not to use foreign capital for setting up the above-mentioned con- struction or establishment. (Notes to be exchanged) As regards the right of financing a railway to connect Wuchang with the Kiukiang-Nanchang Line, and the Nanchang-Hangchou and Nan- chang-Chaochou railways, the Chin- ese Government shall either grant it to Japan, in case it is clearly ascertained that there is no objection on the part of any other foreign Power, or refrain from granting it to any other Power before the Japanese Government come to an understanding directly with the other Power which is interested in these railway schemes. 3. (Mr. Lu, the Minister of For- eign Affairs of China, stated as fol- lows) : a. The Chinese Government will, in case of necessity in future, employ Japanese advisers; As regards the right of financing a railway from Wuchang to connect with the Kiukiang-Nanchang line, the Nanchang-Hangchow railway, and the Nanchang-Chanchow railway, if it is clearly ascertained that other Powers have no objection, China shall grant the said right to Japan. B As regards the right of financing a railway from Wuchang to connect with the Kiukiang-Nanchang railway, a railway from Nanchang to Hang- chow and another from Nanchang to Chaochow, the Chinese Government shall not girant the said right to any foreign Power before Japan comes to an understanding with the other Power which is heretofore interested therein, Mr. Lu, the Minister of Foreign Affairs, stated as follows: 1. The Chinese Government shall, whenever, in future, it considers this step necessary, engage numerous Jap*- anese advisers. 18 THE SINO-JAPANESE NEGOTIATIONS OF 191S b. Whenever the Japanese sub- jects desire to lease or purchase land for the purpose of building schools and hospitals in the interior of China, the Chinese Government will permit them to do so; c. Some day in future when a suitable opportunity arrives, the Chin- ese Government will send military of- ficers to Japan in order to make ar- rangements directly with the military authorities of Japan either for pur- chase of arms from Japan or for es- tablishing an arsenal in China under joint Japanese and Chinese manage- ment. 4. (Mr. Hioki, the Japanese Min- ister, stated as follows) : As regards the question of the right of preaching of Japanese in China, it will be left for future discussion. 5. The proposal relating to the police administration, (withdrawn.) 2. Whenever, in future, Japanese subjects desire to lease or purchase land in the interior of China for es- tablishing schools or hospitals, the Chinese Government shall forthwith give its consent thereto. 3. "When a suitable opportunity arises in future, the Chinese Govern- ment will send military officers to Japan to negotiate with Japanese mili- tary authorities the matter of pur- chasing arms or that of establishing a joint arsenal. Mr. Hioki, the Japanese Minister, stated as follows: As relates to the question of the right of missionary propaganda, the same shall be taken up again for nego- tiation in future. The Japanese Government engage that, if the Chinese Government ac- cept the Japanese revised proposals as above stated, the leased territory of Kiaochou Bay shall be returned to China, in the event of the said terri- tory being left to the free disposal of Japan as the result of the peace con- ference upon conclusion of the present war, on the following conditions: 1. To open the entire territory as a commercial port; 2. To permit a Japanese settlement to be established in the area to be designated by Japan; JAPANESE AND CHINESE DOCUMENTS 19 3. To permit an international set- tlement to be established, if desired by the Powers; 4. Arrangements to be made be- tween Japan and China, before the restoration of the territory to China, regarding the disposition of the Ger- man establishments and with respect to the other conditions and pro- cedures.^ Memorandum read by the Minister of Foreign Affairs to Mr. Hioki, the Japanese Minister, at a Conference held at Wai Chiao Pu, May I, 1915 [Chinese] The list of demands which the Japanese Government first presented to the Chinese Government consists of five groups, the first relating to Shantung, the second relating to South Manchuria and Eastern Inner Mongolia, the third relating to Hanyehping Company, the fourth asking for non-alienation of the coast of the country, and the fifth relating to the questions of national advisers, national police, national arms, missionary propaganda, Yangtse Valley rail- ways, and Fukien Province. Out of profound regard for the intentions enter- tained by Japan, the Chinese Government took these momentous demands into grave and careful consideration and decided to negotiate with the Japanese Government frankly and sincerely what were possible to negotiate. This is a manifestation to Japan of the most profound regard which the Chinese Gov- ernment entertains for the relations between the two nations. Genuine Proof of China's Friendship Ever since the opening of the negotiations China has been doing her best to hasten their progress holding as many as three conferences a week. As regards the articles in the second group, the Chinese Government, being disposed to allow the Japanese Government to develop the economic relations of the two Ti'he following remark is appended to the Japanese version of this document: "At the time of the presentation of the above revised proposals, Mr. Hioki declared to the Chinese Government as follows: "The wording or choice of terms and phrases adopted in the above project may be changed or amended at the time of its final redaction." — Ed. 20 THE SINO-JAPANESE NEGOTIATIONS OF 191S countries in South Manchuria, realizing that the Japanese Government at- taches importance to its interests in that region, and wishing to meet the hope of Japan, made a painful effort, without hesitation, to agree to the extension of the 25-year lease of Port Arthur and Dalny, the 36-year period of the South Manchuria railway and the 15-year period of the Antung-Mukden railways, all to 99 years; and to abandon its own cherished hopes to regain control of these places and properties at the expiration of their respective original terms of lease. It cannot but be admitted that this is a most genuine proof of China's friendship for Japan. As to the right of opening mines in South Manchuria, the Chinese Gov- ernment has already agreed to permit Japanese to work mines within the min- ing areas designated by Japan. China has further agreed to give Japan a right of preference in the event of borrowing foreign capital for building railways or of making a loan on the security of the local taxes in South Manchuria. The question of revising the arrangement for the Kirin-Changchun railway has been settled in accordance with the proposal made by Japan. The Chinese Government has further agreed to employ Japanese first in the event of em- ploying foreign advisers on political, military, financial and police matters. China's Frankness and Sincerity in Facts Furthermore, the provision about the repurchase period in the South Man- churian railway was not mentioned in Japan's original proposal. Subse- quently, the Japanese Government alleging that its meaning was not clear, asked China to cancel the provision altogether. Again, Japan at first de- manded the right of Japanese to carry on farming in South Manchuria, but subsequently she considered the word "farming" was not broad enough and asked to replace it with the pkrase "agricultural enterprises." To these re- quests the Chinese Government, though well aware that the proposed changes could only benefit Japan, still acceded without delay. This, too, is a proof of China's frankness and sincerity towards Japan. As regards matters relating to Shantung the Chinese Government has agreed to a majority of the demands. Residence in South Manchuria The question of inland residence in South Manchuria is, in the opinion of the Chinese Government, incompatible with the treaties China has entered into with Japan and other Powers, still the Chinese Government did its best to consider how it was possible to avoid that incompatibihty. At first, China JAPANESE AND CHINESE DOCUMENTS 21 suggested that the Chinese Authorities should have full rights of jurisdiction over Japanese settlers. Japan declined to agree to it. Thereupon China re- considered the question and revised her counter-proposal five or six times, each time making some definite concession, and went so far as to agree that all civil and criminal cases between Chinese and Japanese should be arranged according to existing treaties. Only, cases relating to land or lease contracts were reserved to be adjudicated by Chinese Courts, as a mark of China's sov- ereignty over the region. This is another proof of China's readiness to con- cede as much as possible. Peculiar Conditions in Eastern Inner Mongolia Eastern Inner Mongolia is not an enlightened region as yet and the condi- tions existing there are entirely different from those prevailing in South Man- churia. The two places, therefore, cannot be considered in the same light. Accordingly, China agreed to open commercial marts first, in the interests of foreign trade. Safeguard for Japanese Interests in Hanyehping The Hanyehping Company mentioned in the third group is entirely a private company and the Chinese Government is precluded from interfering with it and negotiating with another government to make any disposal of the same as the Government likes, but having regard for the interests of the Japanese capitalists, the Chinese Government agreed that whenever, in future, the said company and the Japanese capitalists should arrive at a satisfactory arrange- ment for cooperation, China will give her assent thereto. Thus the interests of the Japanese capitalists are amply safeguarded. Group IV Although the demand in the fourth group asking for a declaration not to alienate China's coast is an infringement of her sovereign rights, yet the Chinese Government offered to make a voluntary pronouncement so far as it comports with China's sovereign rights. Thus, it is seen that the Chinese Government, in deference to the wishes of Japan, gave a most serious consid- eration even to those demands which gravely affects the sovereignty and terri- torial rights of China as well as the principle of equal opportunity and the treaties with foreign Powers. All this was a painful effort on the part of the Chinese Government to meet the situation — a fact of which the Japanese Government must be aware. 22 THE SINO-JAPANESE NEGOTIATIONS OF 1915 Incompatibility of Group V As regard the demands in the fifth group, they all infringe China's sove- reignty, the treaty rights of other Powers or the principle of equal opportunity. Although Japan did not indicate any difference between this group and the preceding four in the list which she presented to China in respect of their character, the Chinese Government, in view of their palpably objectionable features, persuaded itself that these could not have been intended by Japan as anything other than Japan's mere advice to China. Accordingly China has declared from the very beginning that while she entertains the most profound regard for Japan's wishes, she was unable to admit that any of these matters could be made the subject of an understanding with Japan. Much as she desired to pay regard to Japan's wishes, China cannot but respect her own sovereign rights and the existing treaties with other Powers. In order to be rid of the seed for future misunderstanding and to strengthen the basis of friendship, China was constrained to iterate the reasons for refusing to negoti- ate on any of the articles in the fifth group, yet in view of Japan's wishes China has expressed her readiness to state that no foreign money was borrowed to construct harbour work in Fukien Province. Thus it is clear that China went so far as to seek a solution for Japan of a question that really did not admit of negotiation. Was there, then, evasion on the part of China ? Reply to Revised Demands Now, since the Japanese Government has presented a revised list of de- mands and declared at the same time, that it will restore the leased territory of Kiaochow, the Chinese Government reconsiders the whole question and herewith submits a new reply to the friendly Japanese Government. In this reply the unsettled articles in the first group are stated again for discussion. Further Concessions As regards the second group, those articles which have already been initialled are omitted. In connection with the question of inland residence the police regulation clause has been revised in a more restrictive sense. As for the trial of cases relating to land and lease contracts the Chinese Government now per- mits the Japanese Consul to send an officer to attend the proceedings. Of the four demands in connection with that part of Eastern Inner Mon- golia which is within the jurisdiction of South Manchuria and the Jehol in- tendency, China agrees to three. China, also, agrees to the articles relating to the Hanyehping Company as revised by Japan. JAPANESE AND CHINESE DOCUMENTS 23 It is hoped that the Japanese Government will appreciate the conciliatory spirit of the Chinese Government in making this final concession and forth- with give her assent thereto. Japanese First to Publish Demands There is one more point. At the beginning of the present negotiations it was mutually agreed to observe secrecy but unfortunately a few days after the presentation of the demands by Japan an Osaka newspaper published an "Extra" giving the text of the demands. The foreign and the Chinese press has since been paying considerable attention to this question and frequently publishing pro-Chinese or pro-Japanese comments in order to call forth the World's conjecture — a matter which the Chinese Government deeply regrets. The Chinese Government has never carried on any newspaper campaign and the Chinese Minister of Foreign Affairs has repeatedly declared it to the Japanese Minister. In conclusion, the Chinese Government wishes to express its hope that the negotiations now pending between the two countries will soon come to an end and whatever misgivings foreign countries entertain toward the present situa- tion may be quickly dispelled. IV. The Final Amended Project of the Chinese Government, handed to Mr. HioM on May i, 1915. [JAPANESE] Group I. The Governments of China and Japan, being sincerely desirous to maintain the general peace of the Far East and further strengthen the friendly relations and good neigh- bourhood subsisting between the two countries, have concluded the follow- ing articles: Article I. The Chinese Govern- ment declare that they will give full assent to the dispositions that may China's Reply of May i, 1915 to the Japanese Revised Demands of April 26, 191 5. [CHINESE] Group I. The Chinese Government and the Japanese Government, being desirous of maintaining the general peace in Eastern Asia and further strengthen- ing the friendly relations and good neighborhood existing between the two nations, agree to the following articles : Article 1. The Chinese Govern- ment declare that they will give full assent to all matters upon which the 24 THE SINO-JAPANESE NEGOTIATIONS OF 1915 hereafter be agreed upon between the Japanese and German Governments in regard to all interests which Ger- many possesses in the Province of Shantung by virtue of treaties or re- corded cases. The Japanese Government declare that when the assent of the Chinese Government in regard to the inter- ests above referred to has been given, Japan will restore Kiaochou to China, and recognize the right of the Chinese Government to participate in the ne- gotiations between the Japanese and German Governments. Art. II. The Japanese Govern- ment agree that they will be entirely responsible in regard to indemnifica- tion for losses of all kinds occasioned by Japan's military operations in Kiaochou, and also that the Customs, telegraphs, and posts within the leased territory of Kiaochou shall, pending the restoration of Kiaochou, be administered for the present as heretofore. The military railways and telegraphs which were con- structed for the use of the Japanese troops shall be immediately removed, and the Japanese forces remaining out- side the leased territory of Kiaochou shall first be withdrawn, and those re- maining within the said territory shall be completely withdrawn at the time of restoration of Kiaochou to China. Art. III. (Draft for exchange of notes. ) The Chinese Government declare Japanese and German Governments may hereafter mutually agree, relat- ing to the disposition of all interests, which Germany, by virtue of treaties or recorded cases, possesses in relation to the Province of Shantung. The Japanese Government declare that when the Chinese Government give their assent to the disposition of interests above referred to, Japan will restore the leased territory of Kiao- chow to China; and further recognize the right of the Chinese Government to participate in the negotiations re- ferred to above between Japan and Germany. Art. 2. The Japanese Govern- ment consent to be responsible for the indemnification of all losses occasioned by Japan's military operation around the leased territory of Kiaochow. The customs, telegraphs and post of- fices within the leased territory of Kiaochow shall, prior to the restora- tion of the said leased territory to China, be administered as heretofore for the time being. The railways and telegraph lines erected by Japan for military purposes are to be re- moved forthwith. The Japanese troops now stationed outside the origi- nal leased territory of Kiaochow are now to be withdrawn first, those with- in the original leased territory are to be withdrawn on the restoration of the said leased territory to China. Art. 3. (Changed to an exchange of notes.) The Chinese Government declare JAPANESE AND CHINESE DOCUMENTS 25 that they will not transfer or lease to another Power, under any designation whatever, any territory within the Province of Shantung or any zone of land or any island along the coast thereof. Art. IV. In case the Chinese Gov- ernment propose to construct them- selves a railway from Chefoo or Lungkou to connect with the Kiao- chou-Tsinan Railway and raise a for- eign loan for the purpose, they en- gage, provided Germany is willing to abandon the right to furnish capital for the Chefoo-Weihsien line, to ne- gotiate for a loan with Japanese capi- talists. Art. V. The Chinese Government engage, for the residence and trade of foreigners, to open of their own ac- cord, as soon as possible, suitable places in the Province of Shantung as marts. that within the Province of Shantung and along its coast no territory or island will be ceded or leased to any Power under any pretext. Art. 4. The Chinese Govern- ment consent that as regards the rail- way to be built by China herself from Chefoo or Lungkow to connect with the Kiaochow-Tsinanfu railway, if Germany is willing to abandon the privilege of financing the Chefoo- Weihsien line, China will approach Japanese capitalists for loan. Art. 5. The Chinese Government engage, in the interest of trade and for the residence of foreigners, to open by herself as soon as possible certain suitable places in the Province of Shantung as Commercial Ports. (Draft for exchange of notes) The places to be so opened shall be selected and regulations relative there- to framed by the Chinese Govern- ment and decided upon after consul- tation with the Japanese Minister. Art. VI. The foregoing Articles relating to the transfer and other mat- ters that are to be settled in the future negotiations between the Japanese and German Governments, in the event of their failure to come to a definite agreement, the provisional engagements made in this Treaty shall become null and void. (Supplementary exchange of notes) The places which ought to be open- ed are to be chosen, and the regula- tions are to be drafted by the Chinese Government, but the Japanese Min- ister must be consulted before making a decision. Art. 6. If the Japanese and Ger- man Governments are not able to come to a definite agreement in future in their negotiations respecting trans- fer, etc., this provisional agreement contained in the foregoing articles shall be void. 26 THE SINO-JAPANESE NEGOTIATIONS OF 1915 Group II. The Chinese and Japanese Gov- ernments, with a view to the develop- ment of their economic relations in South Manchuria, have concluded the following articles: Article I. The two High Con- tracting Parties engage to extend to ninety-nine years the term of lease of Port Arthur and Dairen and the terms of the South Manchuria and Antung-Mukden Railways. (Draft for exchange of notes) The terms of lease of Port Arthur and Dairen shall expire in the eighty- sixth year of the Republic, or in the year 1997 of the Christian era, and the time for the restoration of the South Manchuria Railway shall fall due in the ninety-first year of the Re- public, or in the year 2002 of the Christian era. The clause in Art. 12 of the original Chinese Eastern Rail- way Convention stipulating that the Chinese Government shall have the right to recover the Railway by pur- chase upon expiration of thirty-six years from the day on which it is opened for traffic, shall become null and void. The term of the Antung- Mukden Railway shall fall due in the ninety-sixth year of the Republic, or in the year 2007 of the Christian era. Art. II. Japanese subjects may lease from the owners land required for the erection of buildings for com- mercial and industrial uses and that required for agricultural purposes in South Manchuria. Group II.' The Chinese Government and the Japanese Government, with a view to developing their economic relations in South Manchuria agree to the follow- ing articles: Article 2. Japanese subjects in South Manchuria may, by arrange- ment with the owners, lease land re- quired for erecting suitable buildings for trade and manufacture or agricul- ture enterprises. 'The six articles which are found in Japan's Revised Demands of April 26, 1915, but omitted herein, are those already initialled by the Chinese Foreign Minister and the Japanese Minister. JAPANESE AND CHINESE DOCUMENTS 27 Art. III. Japanese subjects may freely reside, travel, or engage in com- mercial, industrial, and other pursuits of every description in South Man- churia. The Japanese subjects mentioned in the preceding two Articles shall present for registration to the local authorities their passports duly issued, and shall observe the Chinese police laws and regulations, and pay all taxes in the same manner as Chinese. Civil and criminal cases shall be tried and decided by the authorities of the defendant's nationality, and the proceedings may be watched by officers of the other nationality. Cases, whether between Japanese themselves or between Chinese and Japanese, arising out of disputes relating to land or lease shall be tried and decided by the Chinese authorities, and an officer may be sent by the Japanese Consul to watch the proceedings. When, how- ever, the judicial system of the region has been completely reformed, all civil and criminal cases relating to Japan- ese subjects shall be tried entirely by Chinese courts. Art. IV. The Chinese Govern- ment agree to effect at an early date a radical revision of the Kirin-Chang- chun Railway Loan Agreement on the basis of the stipulations of the railway loan agreements which have hitherto been concluded between China and capitalists of other countries. In the event of the Chinese Gov- ernment granting in future to for- eign capitalists in regard to railway loans more advantageous terms than those of the existing railway loan Art. 3. Japanese subjects shall be free to reside and travel in South Manchuria and to engage in business and manufacture of any kind what- soever. Art. 3a. The Japanese subjects re- ferred to in the preceding two articles, besides being required to register with the local authorities pass-ports which they must procure under the existing regulations, shall also observe -police rules and regulations and pay taxes in the same manner as Chinese. Civil and criminal cases shall be tried and adjudicated by the authorities of the defendant nationality and an officer can be deputed to attend the proceed- ings. But all cases purely between Japanese subjects and mixed cases be- tween Japanese and Chinese, relating to land or disputes arising from lease contracts, shall be tried and adjudi- cated by Chinese Authorities and the Japanese Consul may also depute an officer to attend the proceedings. When the judicial system in the said Province is completely reformed, all the civil and criminal cases concerning Japanese subjects shall be tried entire- ly by Chinese law courts. 28 THE SINO-JAPANESE NEGOTIATIONS OF 191S agreements, the above-mentioned Kir- in-Changchun Railway Loan Agree- ment shall, if so desired by Japan, again be revised. Art, V. (Draft for exchange of notes.) The Chinese Government shall per- mit Japanese subjects to prospect or work, after an early examination and selection, the mines elsewhere speci- fied in South Manchuria (excepting the mine lots which have already been prospected or are being worked). The existing arrangements shall be followed until the Mining Law is made definitely operative. Art. VI. (Draft for exchange of notes. ) The Chinese Government agree that, in future, they will build rail- ways in South Manchuria with funds from Chinese sources, and if foreign capital is required preference will be given to Japanese capitalists. If, in future, the Chinese Govern- ment propose to raise a foreign loan on the security of the taxes of South Manchuria, (excluding the customs and salt revenues which are already made the securities for loans con- tracted by the Central Government), they shall first consult Japanese cap- italists for such a loan. Art. VII. (Draft for exchange of notes. ) The Chinese Government declare that if it is proposed, in future, to en- gage foreign advisers and instructors in regard to the political, financial, military and police affairs of South Manchuria, they will give the prefer- ence to Japanese. JAPANESE AND CHINESE DOCUMENTS 29 Art. VIII. The existing treaties between China and Japan relative to Manchuria shall remain in force as heretofore, except as otherwise pro- vided for in the present Agreement. Draft for Exchange of Notes Relating to Eastern Inner Mongolia The Chinese Government declare that they will hereafter not pledge for foreign loans any taxes or duties, ex- cepting the salt gabelle and customs duties, in Eastern Inner Mongolia under the jurisdiction of South Man- churia and the Jehol Intendancy. The Chinese Government declare that, if it is proposed, in future, to construct railways in Eastern Inner Mongolia under the jurisdiction of South Manchuria and the Jehol In- tendancy, China herself will provide the capital for the undertaking, and if foreign capital is required, they will first negotiate with Japanese capital- ists, provided such course does not con- flict with the existing agreements with the other Powers. The Chinese Government agree to establish of their own accord open marts, as soon as possible, in suitable places in Eastern Inner Mongolia under the jurisdiction of South Man- churia and the Jehol Intendancy for the residence and trade of foreigners; and regulations relating thereto will be determined according to those of other marts already opened by China herself. Relating to Eastern Inner Mongolia (To be exchanged by notes) 1. The Chinese Government de- clare that China will not in future pledge the taxes, other than customs and salt revenue of that part of East- ern Inner Mongolia under the juris- diction of South Manchuria and Je- hol Intendency, as security for raising a foreign loan. 2. The Chinese Government de- clare that China will herself provide funds for building the railways in that part of Eastern Inner Mongolia under the jurisdiction of South Man- churia and the Jehol Intendency; if foreign capital is required, China will negotiate with Japanese capitalists first, provided this does not conflict with agreements already concluded with other Powers. The Chinese Government agree, in the interest of trade and for the resi- dence of foreigners, to open by China herself certain suitable places in that part of Eastern Inner Mongolia under the jurisdiction of South Manchuria and the Jehol Intendency, as Com- mercial Marts. The regulations for the said Com- mercial Marts will be made in ac- cordance with those of other Com- mercial Marts opened by China her- self. 30 THE SINO-JAPANESE NEGOTIATIONS OF 1915 Group III. The relations between Japan and the Han-Yeh-Ping Company being especially intimate, the Chinese Gov- ernment shall, when the Company and Japanese capitalists shall here- after have agreed to bring it under joint management, give their consent thereto; and the Chinese Government shall not confiscate or nationalise the concern, nor permit the Company to raise any foreign loan other than Japanese. Group IV. The Chinese Government to make on their own initiative the following declaration : The Chinese Government will not transfer or lease to any other Power the bays, harbours and islands along the coast of China. Group III. The relations between Japan and the Hanyehping Company being very intimate, if the said Company comes to an agreement with the Japanese capitalists for cooperation, the Chi- nese Government shall forthwith give their consent thereto. The Chinese Government further declare that China will not convert the company into a state enterprise, nor confiscate it, nor cause it to borrow and use foreign capital other than Japanese. Group V. Draft of a Note to be Sent by Mr. Hioki to the Chinese Minister of Foreign Affairs It has been rumoured that the Chinese Government will permit a foreign Power to construct shipyards, military coaling stations, naval bases, and other military establishments of all kinds on the coast of Fukien Prov- ince, and also that China herself in- tends to construct the above establish- ments with the loan of foreign capital. Letter to be addressed by the Japanese Minister to the Chinese Minister of Foreign Affairs Excellency: I have the honor to state that a report has reached me that the Chinese Government have given permission to foreign nation to construct, on the coast of Fukien Province, dock yards, coaling stations for military use, naval bases and other establishments for military pur- poses; and further, that the Chinese Government are borrowing foreign capital for putting up the above-men- tioned constructions or establishments. I shall be much obliged, if the Chi- nese Government will inform me JAPANESE AND CHINESE DOCUMENTS 31 A reply is desired as to the truth of the whether or not these reports are well rumour. founded in fact. Draft of a Note to be Sent by THE Chinese Minister of Foreign Affairs to Mr. Hioki In reply to your Note under date the , the Chinese Gov- ernment are in a position to declare that they will never permit a foreign Power to construct shipyards, military coaling-stations, naval bases, and other military establishments, nor have they any intention of constructing such es- tablishments with the loan of foreign capitaL Reply to be addressed by the Chinese Minister of For- eign Affairs to the Japanese Minister Excellency: I have the honor to acknowledge the receipt of your Ex- cellency's Note of In reply, I beg to state that the Chinese Government have not given permis- sion to foreign Powers to construct, on the coast of Fukien Province, dock yards, coaling stations for military use, naval bases or other establishments for military purposes; nor do they contemplate to borrow foreign capital for putting up such constructions or establishments. V. Japan's Ultimatum to China, delivered by Mr. HioM to the Chinese Minister of Foreign Af- fairs, May 7, 1915. [Japanese] In opening the present negotiations with the Chinese Government, the Imperial Government were actuated by the desire to adjust matters to meet the new situation created by the war between Japan and Germany and of strengthening, in the interest of a firm and lasting peace in the Far East, the bond of amity and friendship between Japan and China by removing from the relations of the two countries vari- ous causes of misunderstanding and Japan's Ultimatum to China, deliv- ered by the Japanese Minister to the Chinese Government on May 7. 1915. [Chinese] The reason why the Imperial Gov- ernment opened the present negotia- tions with the Chinese Government is first to endeavour to dispose of the complications arising out of the war between Japan and Germany, and secondly to attempt to solve those various questions which are detri- mental to the intimate relations of China and Japan with a view to solidifying the foundation of cordial friendship subsisting between the two 32 THE SINO-JAPANESE NEGOTIATIONS OF 1915 suspicion. Since the Imperial Gov- ernment first presented their proposals to the Chinese Government in Janu- ary last, twenty-five conferences have been held between the representatives of the two Governments. In these successive conferences, the Imperial Government presented their side of the case fully and frankly, while at the same time, animated by a spirit of con- ciliation and concord, they gave every possible consideration to the argument advanced by the Chinese Government. This fact, the Imperial Government believe, affords abundant proof of their sincere desire to bring the pre- sent negotiations to a peaceful con- clusion. With the close of the twen- ty-fourth conference on April 17th, discussions on all questions were prac- tically brought to an end. There- upon the Imperial Government, in de- ference to the expressed wishes of the Chinese Government, considerably modified their original proposals and prepared an amended project, showing no small concessions on their part. This they presented to the Chinese Government on the 26th of the same month, with the announcement that should the Chinese Government ac- cept it, Kiauchou Bay, which is a point of no small importance in the Far East commercially as well as strategically, and which cost Japan so much to take, would be returned to China at a proper time under fair and reasonable conditions. The reply countries to the end that the peace of the Far East may be effectually and permanently preserved. With this object in view, definite proposals were presented to the Chinese Government in January of this year, and up to to- day as many as twenty-five conferences have been held with the Chinese Gfov- ernment in perfect sincerity and frank- ness. In the course of the negotiation the Imperial Government have consist- ently explained the aims and objects of the proposals in a conciliatory spirit, while on the. other hand the proposals of the Chinese Government, whether important or unimportant, have been attended to without any reser\'e. It may be stated with confidence that no effort has been spared to ar- rive at a satisfactory and amicable settlement of those questions. The discussion of the entire corpus of the proposals was practically at an end at the twenty-fourth conference; that is on 17th of the last month. The Imperial Government, taking a broad view of the negotiations and in consideration of the points raised by the Chinese Government, modified the original proposals with consider- able concessions and presented to the Chinese Government on the 26th of the same month the revised proposals for agreement, and at the same time it was offered that, on the acceptance of the revised proposals, the Imperial Government would at a suitable op- portunity, restore, with fair and proper conditions, to the Chinese Gov- ernment the Kiaochow territory, in the acquisition of which the Imperial Government had made a great sacri- fice. JAPANESE AND CHINESE DOCUMENTS 33 which the Chinese Government gave on May 1 to this amended project of the Imperial Government was a total disappointment. It gave not only no indication of the Japanese amended project having been seriously examined by the Chinese Government, but also failed to show any appreciation of the friendly and generous offer of the Im- perial Government. Japan, being now in possession of Kiauchou Bay, is under no obligation to return it to China. It is because of her desire to promote the friendly relations with China that Japan proposes to do so. The Imperial Government cannot con- ceal their keen disappointment at the utter disregard, on the part of the Chinese Government, of the senti- ment which prompted them to make this offer. The Chinese Government, so far from showing an appreciation of the good will of the Imperial Govern- ment in respect of Kiauchou Bay, even demanded its unconditional surrender and called upon Japan to indemnify inevitable losses suffered by China in consequence of the war between Japan and Germany. Moreover they pre- sented several other demands in con- nection with the occupied territory, and declared that they were entitled to participate in the coming peace ne- gotiations between Japan and Ger- many. A demand like the uncondi- On the 1st of May, the Chinese Government delivered the reply to the revised proposals of the Japanese Government, which is contrary to the expectations of the Imperial Govern- ment. The Chinese Government not only did not give a careful considera- tion to the revised proposals but even with regard to the offer of the Japan- ese Government to restore Kiaochow to the Chinese Government the latter did not manifest the least appreciation for Japan's good will and difficulties. From the commercial and military points of view Kiaochow is an im- portant place, in the acquisition of which the Japanese Empire sacrificed much blood and money, and, after the acquisition the Empire incurs no obligation to restore it to China. But with the object of increasing the future friendly relations of the two countries, they went to the extent of proposing its restoration, yet to her great regret, the Chinese Government did not take into consideration the good intention of Japan and manifest appreciation of her difficulties. Fur- thermore, the Chinese Government not only ignored the friendly feelings of the Imperial Government in offer- ing the restoration of Kiaochow Bay, hut also in replying to the revised pro- posals they even demanded its un- conditional restoration; and again China demanded that Japan should bear the responsibility of paying in- demnity for all the unavoidable losses and damages resulting from Japan's military operations at Kiaochow; and still further in connection with the 34 THE SINO-JAPANESE NEGOTIATIONS OF 1915 tional surrender of Kiauchou Bay or indemnification by Japan of inevitable losses suffered by China in consequence of the Japan-German war, is one that cannot be justly accepted by the Im- perial Government. Nevertheless the Chinese Government declared the last reply to be their final decision. Any agreements that have already been or may hereafter be reached as to the other points would, therefore, be of no effect, unless those inadmissi- ble demands of China are accepted by Japan. In other words, the last reply of the Chinese Government, taken as a whole, amounts to nothing more than a rejection of the entire Japan- ese proposals. In several other respects the Chin- ese reply is no less unsatisfactory. As regards South Manchuria and Eastern Inner Mongolia, for instance, the Chinese Government ignored the universally recognized fact that these are the regions where, owing to geo- graphical, political and economical reasons, Japan has special interests which have been made the more pre- ponderating as the result of the last two wars. Some of the proposals which the Imperial Government for- mulated with a conciliatory spirit on the basis of the declarations made by the Chinese representative at the con- ference, were arbitrarily amended by the Chinese Government, thus nulli- fying the statement of their own re- sponsible Minister, while in some territory of Kiaochow China ad- vanced other demands and declared that she has the right of participation at the future peace conference to be held between Japan and Germany. Although China is fully aware that the unconditional restoration of Kiao- chow and Japan's responsibility of in- demnification for the unavoidable losses and damages can never be tol- erated by Japan, yet she purposely ad- vanced these demands and declared that this reply was final and decisive. Since Japan could not tolerate such demands the settlement of the other questions, however compromising it may be, would not be to her interest. The consequence is that the present reply of the Chinese Government is, on the v/hole, vague and meaningless. Furthermore, in the reply of the Chinese Government to the other pro- posals in the revised list of the Im- perial Government, such as South Manchuria and Eastern Inner Mon- golia, where Japan particularly has geographical, commercial, industrial and strategic relations, as recognized by all the nations, and made more re- markable in consequence of the two wars in which Japan was engaged, the Chinese Government overlooks these facts and does not respect Japan's position in that place. The Chinese Government even freely altered those articles which the Imperial Govern- ment, in a compromising spirit, have formulated in accordance with the statement of the Chinese Representa- tives thereby making the statements of the Representatives an empty talk; JAPANESE AND CHINESE DOCUMENTS 35 others an inconsistent and therefore inadmissible amendment was intro- duced, showing thus no evidence of good faith and sincerity on their part. As to the questions of advisers, land for schools and hospitals and supply of arms, the Imperial Government merely asked to leave on record what had been declared by the Chinese rep- resentative, while as regards the rail- way concessions in South China, they were satisfied with a promise that the matter would be favorably considered, in case there was no objection on the part of the other interested Powers. These proposals affected in no wise China's sovereignty or treaty obliga- tions, but the Chinese Government re- fused to give their consent on the ground that they involved the question of China's sovereignty or of treaty obligations. The Imperial Government extreme- ly regret that they find in the attitude of the Chinese Government little use of further continuing the present ne- gotiations. Yet the Imperial Gov- ernment, who are ever solicitous for the preservation of peace in the Far East, prompted by the desire to bring the present negotiations to a satisfac- tory close and avoid the development of any serious complication in the situ- ation, have decided, as a mark of their sincere good will towards the Chinese Government, to withdraw from the present negotiations and reserve for future discussion the whole of Group and on seeing them conceding with the one hand and withholding with the other it is very difficult to attrib- ute faithfulness and sincerity to the Chinese Authorities. As regards the articles relating to the employment of advisers, the es- tablishment of schools and hospitals, the supply of arms and ammunition and the establishment of arsenals and railway concessions in South China in the revised proposals they were either proposed with the proviso that the consent of the Power concerned must be obtained, or they are merely to be recorded in the minutes in ac- cordance with the statements of the Chinese delegates, and thus they are not in the least in conflict either with Chinese sovereignty or her treaties with the Foreign Powers, yet the Chinese Government in their reply to the proposals, alleging that these proposals are incompatible with their sovereign rights and treaties with For- eign Powers, defeat the expectations of the Imperial Government. How- ever in spite of such attitude of the Chinese Government, the Imperial Government, though regretting to see that there is no room for further ne- gotiations, yet warmly attached to the preservation of the peace of the Far East, is still hoping for a satisfactory settlement in order to avoid the dis- turbance of the relations. So in spite of the circumstances which admitted no patience, they have reconsidered the feelings of the Gov- ernment of their neighbouring coun- try and, with the exception of the 36 THE SINO-JAPANESE NEGOTIATIONS OF 1915 V, except the one item respecting Fukien Province about which agree- ment has been reached between the representatives of the two Govern- ments. The Imperial Government there- fore advise the Chinese Government that they will, in appreciation of the good will of the Imperial Govern- ment, accept without amendment all items included in Group I, II, III, and IV, together with the item in Group V relating to Fukien, as em- bodied in the Japanese amended pro- ject of April 26. In case the Imperial Government fail to receive from the Chinese Gov- ernment, before 6 p. m. of May 9, a satisfactory response to their advice they will take such independent actions as they may deem necessary to meet the situation. articles relating to Fukien which is to be the subject of an exchange of notes as has already been agreed upon by the Representatives of both nations, will undertake to detach the Group V. from the present negotiation and dis- cuss it separately in the future. Therefore the Chinese Government should appreciate the friendly feel- ings of the Imperial Government by immediately accepting without any alterations all the articles of Groups I, II, III, and IV and the exchange of notes in connection with Fukien province in Group V as contained in the revised proposals presented on the 26th of April. The Imperial Government hereby again offer their advice and hope that the Chinese Government, upon this advice, will give a satisfactory reply by 6 o'clock p. m. on the 9th day of May. It is hereby declared that if no satisfactory reply is received before or at the specified time, the Imperial Government will take steps they may deem necessary. VI. Explanatory Note handed to the Chinese Minister of Foreign Af- fairs by the Japanese Minister at the Time of the delivery of the Ultimattun, May 7, 1915. [JAPANESE] 1. The sentence "the whole of Group V except the one item respect- ing Fukien Province," which appears in the latter part of the Ultimatum, refers to the question (fl) of advisers, (b) of land for schools and hospitals. Explanatory Note Accompan3ring Ul- timatum delivered to the Minister of Foreign Affairs by the Japan- ese Minister, May 7, 1915. [CHINESE] 1. With the exception of the ques- tion of Fukien to be arranged by an exchange of notes, the five articles postponed for later negotiation refer to (a) the employment of advisers, (b) the establishment of schools and JAPANESE AND CHINESE DOCUMENTS Zl (c) of railways in South China, (