Text of May 7:

Germany undertakes to accept and observe the agreements made or to be made by the Allied and Associated Powers or some of them with any other Power with regard to the trade in arms and spirits, and to the matters dealt with in the General Act of Berlin of the 26th February, 1885, and the General Act of Brussels of the 2nd July, 1890.

Note to IV, 126

The General Act of Berlin of February 23, 1885 (76 British and Foreign State Papers, p. 4) concerns the Congo trade, slave trade, and navigation of rivers in Africa. The United States was not a party to it. The General Act of Brussels of July 2, 1890 (Treaty Series 383; William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776–1909, II, 1964) dealt with the repression of the slave trade. A convention revising both these acts was signed at Saint-Germain-en-Laye on September 10, 1919 (Treaty Series 877; 49 Stat. 3027; Treaties, Conventions, etc., 1923–37, iv, 4849). A convention concerning the liquor traffic in Africa was signed at Saint-Germain-en-Laye on September 10, 1919 (Treaty Series 779; 46 Stat. 2199; Treaties, Conventions, etc., 1923-37, iv, 4856).

ARTICLE 127.

The native inhabitants of the former German oversea possessions shall be entitled to the diplomatic protection of the Governments exercising authority over those territories.

Note to IV, 127

The former German territories placed under mandate in virtue of article 22 of the Covenant of the League of Nations have been administered as "B" and "C" mandated territories. On the national status of their inhabitants the Permanent Mandates Commission reached these conclusions in 1923:

"1. . . . The native inhabitants of B and C mandated territories should be granted a national status wholly distinct from that of the nationals of the mandatory power.

"2. A special law of the mandatory power should determine the status of these native inhabitants, who might be given a designation such as 'administered persons under mandate' or 'protected persons under mandate' of the mandatory power."

Replies to a questionnaire authorized by the Council on March 5, 1928 showed that the mandatories had taken such measures, but a

Note to IV, 127—Continued

single formula to describe the nationality of natives under B and C mandates was not adopted.

The nationality of inhabitants of A mandates is determined by their legislative bodies. Abroad, the nationals of territories under A and B mandates are, by recommendation of the Council on September 9, 1930, accorded the advantages of nationals of members of the League in the territories of the latter.

SECTION II.-China.

Notes to Part IV, Sections II to VIII, Articles 128 to 158

The treaty restoring friendly relations between the United States and Germany signed at Berlin August 25, 1921 and in force on November 11, 1921 with retroactive effect to July 2, 1921 stipulates in article II (3) "that the United States assumes no obligations under or with respect to the provisions" in sections II-VIII. The Senate of the United States, in its resolution of October 18, 1921 giving advice and consent to the ratification of the treaty restoring friendly relations, stipulated "that the United States shall not be represented or participate in any body, agency or commission, nor shall any person represent the United States as a member of any body, agency or commission in which the United States is authorized to participate by this Treaty, unless and until an Act of the Congress of the United States shall provide for such representation or participation."

Part IV, sections II-VIII, were not printed as a schedule of the treaty restoring friendly relations by the Department of State in Treaty Series 658, nor in 42 Stat. 1939. The entire treaty of peace with Germany, as well as those with Austria and Hungary, was printed as a separate appendix to the treaty restoring friendly relations in the volume compiled under resolution of the Senate of August 19, 1921, and published as Senate Document 348, 67th Congress, 4th session, serial 8167 (Treaties, Conventions, etc., 191023, III, 3329).

ARTICLE 128.

Germany renounces in favour 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 favour of China

any claim to indemnities accruing thereunder subsequent to March 14, 1917.

Note to IV, 128

The final protocol of September 7, 1901 (Treaties, Conventions, etc., 1776–1909, 11, 2006) gave Germany, Austria-Hungary, Belgiumı, Spain, the United States, France, Great Britain, Italy, Japan, the Netherlands, and Russia indemnity for the Boxer outbreak as well as treaty rights and rights of occupation in China. Germany was eliminated by this article, as were Austria and Hungary in the treaties of peace with them, by articles 113 and 97 respectively. Germany had been chiefly responsible for fixing the indemnity at the very high figure of 450,000,000 Haikwan taels gold ($333,900,000) at 4 percent, payable during 40 years.

The United States Government obtained from Congress on May 25, 1908 (35 Stat. 577) authorization to reduce its total receipts from China from $24,440,778.81 to $13,655,492.69 and to remit $11,961,121.76 to China for educational purposes. The remitted amount was devoted by China to paying the expenses of selected Chinese students in the United States.

Understandings reached by memoranda exchanged between the representatives of Belgium, France, Great Britain, Italy, Japan, Portugal, and Russia on September 8, 1917, and the Chinese Foreign Office on October 6, 1917, provided, among other things, for a postponement without interest of the annual instalments during a period of five years (Foreign Relations, 1917, supp. 2, 1, 686, 702). German and Austro-Hungarian benefits were then said to be abrogated, and this was effected in the treaties of peace by formal renunciation. The Chinese Government proposed a further two-year postponement in a note of June 19, 1922 (ibid., 1922, 1, 809). This was dropped when it appeared that (1) Italy refused; (2) France was devoting receipts to rehabilitation of the Banque industrielle de Chine; and (3) Japan was opposed in principle. In November 1922, however, the British and United States Governments agreed between themselves that they would remit the indemnity when they had legislative authorization to do so.

The chairman of the Senate Committee on Foreign Relations in 1921 asked for information concerning the status of the indemnity and, on the basis of that information, introduced a proposal which, as a joint resolution of Congress approved May 21, 1924 (43 Stat. 135), authorized the remission of the balance due under the original bond, then amounting to $6,137,552.90, which

Note to IV, 128-Continued

was devoted by China to establishing the China Foundation for the Promotion of Education and Culture (ibid., 1925, 1, 935). British acts of Parliament of June 30, 1925 (15 & 16 Geo. V, c. 41) and March 3, 1931 (21 Geo. V, c. 7) established the China Indemnity Fund for the management of sums received after December 1, 1922 on account of the indemnity. The fund was applied to mutually beneficial educational or other purposes under the direction of the Chinese Government Purchasing Commission (121 British and Foreign State Papers, p. 273; and 134 ibid., p. 20). The funds were used for railroad rehabilitation under the provisions of an exchange of notes of September 19 and 22, 1930 (132 ibid., p. 230).

The Soviet Union renounced the Russian share of the indemnity by a declaration of May 31, 1924 accompanying the agreement with China for the settlement of pending questions (37 League of Nations Treaty Series, p. 176; 122 British and Foreign State Papers, p. 269). A fund for the promotion of education among the Chinese people was to be set up under a commission appointed by both Governments. The Soviet Union by article III of the agreement of May 31, 1924 agreed to annul all instruments concluded by the Tsarist Government with China at a future conference. This meeting was held in August 1925 without, however, definite results (China YearBook, 1926, p. 1096).

In its treaty with China of January 11, 1943 the United States agreed "that the rights accorded to the Government of the United States of America under that Protocol [of September 7, 1901] and under agreements supplementary thereto shall cease" and stated its opinion that the protocol itself should be terminated. This treaty for the relinquishment of extraterritorial rights in China and the regulation of related matters entered into force on May 20, 1943 (Treaty Series 984). The United Kingdom's treaty with China of even date effected the same result (United Kingdom, Treaty Series No. 2 (1943); Cmd. 6456). Belgium concluded a similar treaty with China on October 20, 1943; the Netherlands on May 29, 1945; and France on February 28, 1946.

The position of Italy, Japan, and Spain with respect to the protocol of 1901 remains to be regulated.

March 14, 1917 is the date of China's breaking off diplomatic relations with Germany; war was declared as of August 14, 1917, 10 a.m.

ARTICLE 129.

From the coming into force of the present Treaty the High Contracting Parties shall apply, in so far as concerns them respectively:

(1) The Arrangement of August 29, 1902, regarding the new Chinese customs tariff;

(2) The Arrangement of September 27, 1905, regarding WhangPoo, and the provisional supplementary Arrangement of April 4, 1912.

China, however, will no longer be bound to grant to Germany the advantages or privileges which she allowed Germany under these Arrangements.

Note to IV, 129

China did not sign this treaty for reasons connected with the terms of articles 156-58. The agreements between China and Germany of May 20, 1921 regarding the restoration of peace (9 League of Nations Treaty Series, p. 271) consist of a covering letter, a German declaration and a Chinese letter of confirmation, an agreement, and an exchange of notes. In the covering letter the German Consul General at Peking wrote to the Chinese Minister for Foreign Affairs:

"In compliance with instructions from my Government, I have the honour to inform you once more that it is not prepared at the present time to declare again its general recognition of the Treaty of Versailles. Such a step would be equivalent to a voluntary acceptance of the Treaty on the part of the German Government, and would prejudice the subsequent revision of the said Treaty. The German Government would not, however, raise any objection should China, apart from the provisions of Articles 128 to 134 of the Treaty, avail herself of certain other rights which she derives from the Treaty, and which she may consider of importance to herself, either in their present form or, should the Treaty be revised, in their modified form."

According to the preamble of the declaration "Germany undertakes to fulfil toward China the obligations arising out of articles 128 to 134." Germany in the declaration consented to the abrogation of consular jurisdiction in China. By the agreement diplomatic agents. were exchanged and rights of residence accorded.

The arrangement of August 29, 1902 (37 British and Foreign State Papers, p. 695) was signed by the United States, though not brought into force by it. A treaty between China and the United States signed October 8, 1903 (Treaty Series 430; Treaties, Conventions, etc., 1776–1909, 1, 261) was applicable at the conclusion of this treaty, as well as similar bilateral treaties with Great Britain and Japan. The treaty between the United States, Belgium, the British Empire, China, France, Italy, Japan, the Netherlands, and Portugal