INTERESTS IN CHINA ' BY WESTEL W. WILLOUGHBY Professor of Political Science at the Johns Hopkins University: BALTIMORE, MARYLAND THE JOHNS HOPKINS PRESS PREFACE The purpose of this volume is to provide a statement of the rights of foreigners and the interests of foreign States in China as they are to be found stated in treaties with or relating to China. or in other documents of an official or quasi-official character. Viewed from the other side, the account will exhibit the limitations under which the Chinese Government is compelled to act not only with regard to matters of international obligation but as to matters which, in countries more fortunately circumstanced, are of purely domestic concern. Whether the purpose of the volume has been satisfactorily achieved, the reader will determine, but that there is a pressing need for a work that will furnish an explanation and definite statement of the rights and interests which the Treaty Powers and their nationals have obtained in China, few will question. Anyone who has been in China, or has had business interests with that country, or has sought to gain an understanding of the conflict of national interests in the Far East, will testify to the urgency of this need. This is not to say, however, that there are not already books which deal with many of these topics. There are such treatises, and among them, especially deserving mention, are: H. B. Morse's The Trade and Administration of China, 2d ed., published in 1913, and his three volumes on Foreign Relations of the Chinese Empire, 1834-1911; V. K. Wellington Koo's The Status of Aliens in China, published in 1912; T. R. Jernigan's China in Law and Commerce, published in 1905; T. W. Overlach's Foreign Financial Control in China, published in 1919; and M. T. Z. Tyau's The Legal Obligations Arising out of Treaty Relations between China and Other States, published in 1917. From these volumes the author has derived the greatest aid. It will appear, however, that he has explained many matters which are not discussed by these earlier writers, and, of course, there has been opportunity to deal with the important developments of the last few years. iii Sufficient has been said to indicate that this volume makes no claim to describe present political conditions in China, nor, upon the side of international law and diplomacy, to estimate the ethical character or practical wisdom of the policies which the several Treaty Powers have pursued in their dealings with China. But the volume will have failed to achieve one of its purposes if it does not supply information from which the reader can obtain an understanding of what these policies have been in the past, and be aided to form an intelligent judgment as to what they should be in the future. As regards, however, this last matter, weight must be given to matters which are not discussed in the present volume. These matters relate to existing domestic conditions in China, and, especially, to the question whether it is likely that China will be able, without foreign aid, to re-establish order in her household and to place her administrative services upon an efficient working basis. Also must be considered the manner in which the several Powers have, in practice, exercised their rights or claims to special interests in China, and weight must be given to the dominant political principles and ambitions of the Powers concerned. Particularly is it necessary that Japan's relation to China should be viewed in the light of these facts. The author hopes that he may later find time to prepare another volume in which these questions can be discussed. He has thought it advisable, however, not to extend the scope of the present volume beyond what has been indicated. A further word should be said as to the mode adopted for presenting the facts dealt with. The policy has been pursued of quoting liberally from the treaties and other official papers. This has required somewhat more space than a summary in the author's own language would have demanded, but, it is believed, the result will be satisfactory to the reader who will thus be made certain as to the actual language of the documents in question and be enabled to judge for himself whether the conclusions stated in the body of the text have been properly drawn. In result, the student will have, as it were, a handbook to the international commitments of China, and, in most cases, be saved the necessity of resorting to the volumes in which these agreements are set out in full. Of these collections of China treaties there are several, the titles and scope of which are listed in the note which follows. It will be found that by far the greatest use has been made of Mr. MacMurray's collection, and, in fact, much of whatever merit the present volume may possess is due to the fact that Mr. MacMurray has kindly made accessible to the author the galley proofs of his valuable compilation. All persons interested in the matter of treaties with or relating to China will owe a great debt of gratitude to Mr. MacMurray for the painstaking care with which he has made his collection. Hon. Paul S. Reinsch, former American Minister to China, and Dr. Stanley K. Hornbeck have kindly spared the time to read the proofs of the present volume, and have made suggestions and corrections which have been of the greatest value to the author. W. W. W. |