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THE SHANTUNG QUESTION by 1\'UNGCHIEN JOSHUA BAU, Ph.D

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THE SHANTUNG QUESTION by 1\'UNGCHIEN JOSHUA BAU, Ph.D TRINiTYCO~-­ UBR.AR.Y M.OOR_E COLLECTION RELATING TO THE FA~ EAST CLASS NO.-­ BOOK NQ. __ VOLUME--­ ACCESSION NO. Series on CHINA and the WASHINGTON CONFERENCE Series No. 2 THE SHANTUNG QUESTION By 1\'UNGCHIEN JOSHUA BAU, Ph.D. Edited by the English Editorial Committee for the ·washington Conference of the Chinese Students' Alliance. by the Chinese Students' Alliance in the United States of America 815 COPYRIGHT BY MINGCHIEN JOSHUA BAU All rights reserved • THE SHANTUNG QUESTION by Mingchien joshua Bau, Ph.D. AHthor of "The Foreig1~ R elations of China" Tbls artiele constitutes a chapter in Dr. Jlf. J. Bau's forthcoming book on T he Foreign Relations ot China • PREFACE The Chinese Students' Alliance plans to publish a series of pamphlets before the convocation of the Washington Con­ ference on various pertinent subjects bearing on China and the Washington Conference. The first of the series is an introduction to the general subject, China and the Washington Conference, written by T. L. Wang, prize-winner of the Wah Chang Trading Corporation Essay Contest. The second of the series is on the Shantung Question, written by M. Joshua Bau, which analyzes the problem from the point of view of history and international law. The subject is brought up to date, and includes the recent exchanges of communications between the Chinese and Japanese Governments regarding the terms of settlement. Pa~phlets on Tariff Automony and Extraterritoriality will soon be ready for publication and dis­ tribution. Another pamphlet entitled "Problems Involved in the Washington Conference," has been prepared by C. P. Cheng, which will soon appear in the series. Other pamph­ lets are in preparation ; and, as soon as ready, they will be distributed upon request. MINGCHIEN JoSHUA BAU. THE SHANTUNG QUESTION The Shantung Question has become a world problem. tike the Alsace-Lorraine controversy, which has just been settled by the World War, it carries the potential germ of another world conflict. As the facts of this question are well-known, we shall not attempt to reiterate them, but shall confine our t:ndeavors to an analysis of the problem with a view to reach­ ing a solution, just and equitable to China and Japan. To refresh the memory, we will recall that shortly after the outbreak of the World War, China declared her neutrality by a Presidential Mandate of August 6, 1914. On August 15, 1914, Japan presented an ultimatum to Germany advising unconditional surrender of the leased territory on or before September 15, "with a view to eventual restoration of the same to China," and also advising the immediate withdrawal or disarmament of all belligerent vessels within Chinese and Japai\ese waters, asking for a reply by noon of August 23. 1 Failing to receive a reply at the appointed time, she declared war on Germany and proceeded to attack the German lease­ hold of Kiaochow. Meanwhile China did not protest against either the ultimatum or the attack, but on the contrary, inti­ mated her intention to participate in the campaign, which, however, was not received with favor. During the campaign, on September 3, 1914, Japan landed her troops at Lungkow, Shantung, outside the leased terri­ tory. On the same day, 01ina proclaimed a war zone de­ limiting the belligerent area to approximately one hundred miles west of Tsingtao, including Kiaochow and Laichow, but excluding Weihsien and Tsinan. On September 26, 1914, the Japanese troops, marching from Lungkow to Weihsien, cap­ tured the railway station there belonging to the Tsingtao­ Tsinan Railway, and on October 6, 1914, they seized the rail­ way station at Tsinan, the capital of Shantung. Soon they 1. :'11illnrd, Our Eastern Question, p. 91. 5 I took possession of the entire line of the Tsingtao-Tsinan Railway, displacing its employes and substituting Japanese subjects. In addition they also seized the German mines adjoining the railway. Meanwhile the siege of Tsingtao pro­ ceeded and on November 7, 1914, the stronghold was captured. Thereafter, on January 18, 1915, Japan presented the now celebrated Twenty-one Demands, among which was the pro­ vision (Group I, Article I) : "The Chinese Government engages to give full assent to all matters upon which the Japanese Government may here­ after agree with the German Government relating to the disposition of all rights, interests and concessions, which Germany, by virtue of treaties or otherwise, possesses in relation to the province of Shantung." 2 On May 7, 1915, Japan presented an ultimatum, because of which China yielded. In consequence, the treaties of May 25, 1915, were signed, consisting of two treaties, one relating to Shantung with three exchanges of notes, and the other to South Manchuria and Eastern Inner Mongolia with nine ex­ changes of notes. In return, Japan pledged to restore the leased territory of Kiaochow, in an exchange of notes, May 25, 1915: "When, after the termination of the present war, the leased territory of Kiaochow Bay is completely left to the free disposal of Japan, the Japanese Government will re­ store the said leased territory to China under the following conditions. "1. The whole of Kiaochow Bay to be opened as a com­ mercial seaport. "2. A concession under the exclusive jurisdiction of Japan to be established at a place designated by the Japa­ nese Government. "3. If the foreign powers desire it, an international con­ cession may be established. '4. As regards the disposal to be made of the buildings and properties of Germany and the conditions and procedure 2. 'J'he Chino-Japanese Negotiations, the Chinese Otl'irial State­ ment, 1015, p. •l!l. 6 relating thereto, the Japanese Government and the Chinese Government shall arrange the matter by mutual agreement before the restoration." a Then, on March 14, 1917, China severed diplomatic rela­ tions with Germany, and on Angust 14, 1917, declared war on Germany and Austria-Hungary, abrogating all the treaties, agreements, and conventions she had had with the Central Powers, to the effect that "All the treaties of whatever nature between China and Germany as well as Aust'ria-Hungary are abrogated, as also all such provisions of the Protocol of September 7, 1901, and other similar international agreements in so far as they concern China and Germany as well as Austria-Hungary."4 This was duly taken notice of by the legations addressed, including that of Japan. On September 24, 1918, in an exchange of notes between the Chinese Minister at Tokio and the Japanese Minister for Foreign Affairs, respecting adjustment of questions con­ cerning Shantung, it was agreed that (Art. 6) "the Kiao­ chow-Chinan Railway, after its ownership is definitely de­ termined, is to be made a Chino-Japanese joint enter­ prise." At the Paris Peace Conference of 1919, both China and Japan contended for the former German rights in Shantung. On April 30, 1919, the Council of Three rendered the decision in favor of J apan, which was incorporated in Articles 156, 157, 158, of the Treaty of Peace with Germany, signed at Versailles on June 28, 1919. The question, as stated above, tW"n s on these issues : Whether Japan has the right ( 1) To attack the leased territory of Kiaochow; 3 Ibid, p. 53. 4. 1\I ac:\!urra~·. Trestle and c\ greemenls with or Concerning Chin a, l!l17/ 7 . .5. Questions for Readjustment, submllted by China to the Paris • Peace Conference, 19Hl, p. 82 . 7 (2) To land her troops at Lungkow and then march through Chinese territory; and (3) To seize the Kiaochow-Chinan Railway and the adjoining mines. 2 Whether China's Declaration of War abrogates all treat­ ies, conventions and agreements with Germany and China thus recovers the German concessions in Shan­ tung. 3 Whether Japan's possession of German rights in Shan­ tung is validated by ( 1) The Treaty of May 25, 1915, and (2) The Agreement of September 24, 1918. As to whether Japan had the right to attack the leased territory of Kiaochow, there seems to be an honest difference of opinion. On the one hand, China claims that, inasmuch as she reserved her sovereignty over the leased territory in Article I of the Lease Convention,e she can assert the neu­ trality of the leased territory in time of a war in which the lessee state is involved. In other words, arising from the reservation of sovereignty, she deems the leased territory as neutral, and not subject to the hostile operation of bel­ ligerents. Further, even in case an attack shoud have become necessary to abate a nuisance or to remove a menace, she con­ tends that her previous consent should have been obtained before the attack could be legitimate. On the other hand, Japan claims that, basing her action on the precedent of Port Arthur and Talienwan, which leased territories she took from Russia in the war of 1904-5, the leased territories are not neutral, but are subject to hostile operations of the belligerents. The grant of the right of fortification, she contends, and the surrender of the right of administration, during the term of the lease, all indicate that these territories are proper objects of attack. She further 6. Hertslet's China Treaties, Vol. J, No. G9, p. 351; Author's Chap­ ter on Leased Territories, The Foreign Relations o! China. • 8 maintains that, granted she had no right to attack the terri­ tory, she had notified the Chinese Government before attack, and that the Chinese Government did not make any strenu­ ous objection, nor lodge any protest, but, on the contrary, requested participation in the attack, which, though rejected, could be taken as tantamount to tacit consent.7 As to whether Japan had the right to land at Lungkow and march through the Chinese territory, it is quite safe to say that Japan had no such right, but, on the contrary, exceeded the limit of her rights and violated the neutrality of China.
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