On August 23 the Senate Committee on Foreign Relations, after hearing the statements of President Wilson, Secretary of State Lansing, and persons familiar with Far Eastern conditions, by an eight to seven vote, recommended that the Treaty of Peace be amended by striking out the word Japan where it appears in Articles 156, 157, and 158, and inserting in lieu thereof the word China."

The following statements may be taken as fairly expressing the reasons which actuated the members of the committee in voting for an amendment which if accepted by the Senate requires that the treaty be sent back for further consideration by the other signatory powers. Said Senator Johnson of California:

One of the outstanding iniquities of the treaty, neither excused nor justified except upon the Prussian philosophy, was the Shantung question. Every American Commissioner, including the President, has condemned it. And every witness before the Foreign Relations Committee has denounced it. It presented, with none of the prejudices in dealing with an enemy, a clean cut moral issue. The members of the Foreign Relations Committee had to decide whether a friend and an ally should be despoiled upon the sole ground of expediency and fear, and they have decided for the right. All we could do was to disapprove an admitted wrong and fraud practiced upon a weak, friendly, defenseless people, and this we have done. It may be true, as asserted by our opponents, that we cannot remedy the wrong. At least we are not parties to it.

The Democratic senators opposed the amendment on the ground that such action at this time would not help China and might injure her chances ultimately to recover the province through the League of Nations. "If the treaty be rejected finally by us," said Senator Pomerene, "all opportunity for China to recover in this way will be ended. If we ratify the treaty Japan may be expected to restore. it as she has promised."

Senator McCumber, a Republican, voted with the Democratic minority and issued a statement in explanation of his vote, which suggests that whatever Japan demands is sacrosant and that the amendment of the treaty by the Senate in the exercise of its constitutional power would be an affront to a proud and high-spirited • Included in the Report of the Committee, Sept. 10, 1919.

people, who are accustomed to have their own way in dealing with their neighbor. He said:"

I feel keenly about the Shantung amendment. If adopted by the Senate it could be nothing less than an affront to Japan, an absolutely useless affront. It stands to reason that Great Britain and France cannot acquiesce in it. If they did, Japan would refuse to ratify the treaty, and would not be in the League of Nations. In that event we would leave Japan and China to settle the dispute between themselves.

I voted against "the Shantung amendment" because under the covenant and treaty, as it stands, all the nations of the world, in joining it, agree no longer to rob China. For this and other reasons as good, I believe in the early ratification of the instrument, unchanged, because it substitutes justice for war in settling international disputes and righting international wrongs of which China has suffered many.

As to Shantung, my reasons for voting against the amendment

were:

First Japan has not yet a title to the territory. She holds it as part of the results of the war until its disposition is decided by this treaty.

Second-Japan has promised publicly in her treaty with China to surrender the leasehold right over this territory which Germany held under its treaty with China, not at some indefinite future time, not a thousand years hence, but as soon as Japan has acquired these rights under the pending treaty.

Third-Japan renewed this promise at Paris through its mission, and has repeated the promise to the President of the United States, who has every reason to believe that Japan will scrupulously keep her pledged word." I agree absolutely in this belief and faith of the President in the sincerity of Japan.

Fourth-If Japan should fail to keep the treaty with China, then under the preamble of the League, which provides that all joining it shall maintain "a scrupulous respect for all treaty obligations," China can go before the Council of the League, and all the nations of the world will unite to force Japan to surrender the territory to China.

7 See also Congressional Record of Aug. 26, 1919.

7a See an article by J. T. Addison on The Value of Japanese Promises, in The New Republic, Sept. 17, 1919. Mr. Addison says: "Since the facts in this brief summary are all vouched for by Japan, it is difficult to avoid the conclusion that Japan seldom, if ever, keeps important international promises. In telling America so frequently that she does keep her promises, she is relying not on historical facts, but solely on our national ignorance of Far Eastern politics."

Fifth-If this treaty be amended as proposed in the matter of Shantung, Japan is deprived of the privilege of giving to China as the fruits of her victory the victorious possession of the rights held by Germany. By this course a proud and high-spirited people would be affronted. In the public opinion of Japan, opposition would be aroused by the manner in which it is proposed to force Japan to act, after its spontaneous promise to do right.

Then would arise a most serious situation. Japan would refuse to complete her membership in the League of Nations by refusing to ratify the treaty signed by her commissioners at Versailles, and would deal with China as one nation with another. In this event Japan would inevitably impose more severe conditions, which China would be powerless to resist. The only course then open would be to use force against Japan, and Japan would meet force with force.

The issues involved require a clear understanding of the extent. and nature of the German rights and privileges in Shantung, the treaties between Japan and China relating thereto, and the Japanese promise to transfer what she may acquire to China.

II

Germany is required to renounce generally and specifically all her extra-European possessions. The general clause of renunciation leaves the titles in the air, but Germany undertakes to recognize and conform to the measures which may be taken by the Powers in connection therewith. Generally it is provided that,

In territory outside her European frontiers as fixed by the present treaty, Germany renounces all rights, titles and privileges whatever in or over territory which belonged to her or to her allies, and all rights, titles and privileges whatever their origin which she held as against the Allied and Associated Powers.

Specifically,

Germany renounces in favor of the Principal Allied and Associated Powers all her rights and titles over her oversea possessions,"

and declares that,

All movable and immovable property in such territories belonging to the German Empire or to any German State shall pass to the

government exercising authority over such territories, on the terms laid down in Article 257 of Part IX of the present treaty.10

These provisions, which refer to the former German colonies, are followed by articles which transfer German rights and interests in certain small states which participated in the war to the extent of their capacities, to such states. Thus all treaties, conventions and agreements between Germany and Siam, and all rights, titles and privileges derived therefrom, including all rights of extra-territorial jurisdiction, terminate as from July 22, 1917, and,

all goods and property in Siam belonging to the German Empire or to any German State, with the exception of premises used as diplomatic or consular residences or offices, pass ipso facto and without compensation to the Siamese State."

11

So German property in Egypt passes to the Egyptian Government,12 and that in the Sherifian Empire to the Maghzen without payment.13 German state property in the British concessions in Canton is renounced in favor of the British Government and the property of the German school situated in the French concession at Shanghai goes conjointly to the French and Chinese Governments.1

14

Where Japanese claims were not involved, China was given the same consideration as Siam and the other minor belligerent states and protectorates. The specific advantages gained by China are:

1. The renunciation by Germany in her favor of all benefits and privileges resulting from the final Protocol signed at Peking on September 7, 1901, and from all annexes, notes and documents supplementary thereto, and of all claim to indemnities thereunder subsequent to March 14, 1917.15

2. After the treaty comes into force the high contracting parties will apply, in so far as concerns them respectively,

(a) The arrangement of August 29, 1902, regarding the new Chinese Customs Tariff.

(b) The arrangement of September 27, 1905, regarding Whangpoo and the provisional supplementary arrangement of April 4, 1912;

12 Art. 153.

10 Art. 120.

11 Arts. 135, 136.

13 Art. 144.

14 Art. 134. 15 Art. 128.

China is no longer required to grant to Germany the advantages or privileges which she allowed her under this arrangement.1

16

(c) The leases from the Chinese Government held under concessions at Hankow and Tientsin are abrogated, and upon regaining her full sovereign rights therein China declares her intention of opening the territory to internatinal residence and trade.17

(d) The astronomical instruments which formed a part of the loot carried away by the German troops in 1901 are to be returned and installed at Peking.

(e) Subject to the Shantung provisions of the treaty, Germany cedes to China all the buildings, wharves and pontoons, barracks, forts, arms and munitions of war, vessels of all kinds, wireless telegraphy, installations and other public property belonging to the German Government [except that used for diplomatic residences and consular premises or offices] which are situated or may be in the German concessions at Tientsin and Hankow or elsewhere in Chinese territory.18 But the German property situated within the Legation Quarters at Peking may not be disposed of without the consent of the diplomatic representatives of the Powers which at the coming into. effect of the Treaty of Peace remain parties to the Final Protocol of September 7, 1901.

(f) Germany waives all claims against the Chinese Government or against any Allied or Associated Government arising out of the internment of German nationals in China and their repatriation. She equally renounces all claims arising out of the capture and condemnation of German ships in China, or the liquidation, sequestration or control of German properties, rights and interests in that country since August 14, 1917. This provision, however, shall not affect the rights of the parties interested in the proceeds of any such liquidation which shall be governed by the economic clauses of the Treaty.19