Изображения страниц
PDF
EPUB

Note to IV, 129—Continued

relating to the Chinese customs tariff signed at Washington February 6, 1922 (Treaty Series 724; Treaties, Conventions, etc., 1910-23, III, 3125) provided for a Revision Commission which met at Peking from October 1925 until July 1926. China's tariff autonomy by January 1, 1929 was contemplated but not realized by that date.

The arrangements regarding the Whang-Poo conservancy (near Shanghai) are printed, ibid., 1776-1909, 11, 2013, and ibid., 1910–23, III, 3043, where the supplementary article of January 19, 1916 is also given.

ARTICLE 130.

Subject to the provisions of Section VIII of this Part, 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, which are situated or may be in the German Concessions at Tientsin and Hankow or elsewhere in Chinese territory.

It is understood, however, that premises used as diplomatic or consular residences or offices are not included in the above cession, and, furthermore, that no steps shall be taken by the Chinese Government to dispose of the German public and private property situated within the so-called Legation Quarter at Peking without the consent of the Diplomatic Representatives of the Powers which, on the coming into force of the present Treaty, remain Parties to the Final Protocol of September 7, 1901.

Note to IV, 130

The "glacis" appertaining to the German Legation at Peking was renounced by the declaration of May 20, 1921 in favor of China under the conditions of this article.

ARTICLE 131.

Germany undertakes to restore to China wthin twelve months from the coming into force of the present Treaty all the astronomical instruments which her troops in 1900-1901 carried away from China, and to defray all expenses which may be incurred in effecting such restoration, including the expenses of dismounting, packing, transporting, insurance and installation in Peking.

ARTICLE 132.

Germany agrees to the abrogation of the leases from the Chinese Government under which the German Concessions at Hankow and Tientsin are now held.

China, restored to the full exercise of her sovereign rights in the above areas, declares her intention of opening them to international residence and trade. She further declares that the abrogation of the leases under which these concessions are now held shall not affect the property rights of nationals of Allied and Associated Powers who are holders of lots in these concessions.

ARTICLE 133.

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 provisions of Part X (Economic Clauses) of the present Treaty.

Note to IV, 133

Germany, in the declaration of May 20, 1921, was prepared to reimburse the Chinese Government for the cost of interning German troops in China. This was in addition to reparation and was effectuated by a payment of $4,000,000 and debentures of the TientsinPukow and Hukuang Railway.

ARTICLE 134.

Germany renounces in favour of the Government of His Britannic Majesty the German State property in the British Concession at Shameen at Canton. She renounces in favour of the French and Chinese Governments conjointly the property of the German school situated in the French Concession at Shanghai.

Note to IV, 134

Reparation credits to Germany under this article were: German school in French concession at Shanghai, 1,888,456 gold marks; property in the British Concession at Shameen, 538,049 gold marks.

SECTION III.-Siam.

ARTICLE 135.

Germany recognises that all treaties, conventions and agreements between her and Siam, and all rights, title and privileges derived therefrom, including all rights of extraterritorial jurisdiction, terminated as from July 22, 1917.

Note to IV, 135

Siam declared war upon Germany on July 22, 1917.

ARTICLE 136.

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 Government.

The goods, property and private rights of German nationals in Siam shall be dealt with in accordance with the provisions of Part X (Economic Clauses) of the present Treaty.

ARTICLE 137.

Germany waives all claims against the Siamese Government on behalf of herself or her nationals arising out of the seizure or condemnation of German ships, the liquidation of German property, or the internment of German nationals in Siam. This provision shall not affect the rights of the parties interested in the proceeds of any such liquidation, which shall be governed by the provisions of Part X (Economic Clauses) of the present Treaty. Note to IV, 137

The protocol to the provisional economic arrangement signed between Germany and Siam at Berlin February 28, 1924 and in force on February 15, 1925 (32 League of Nations Treaty Series, p. 404) provides that "as long as the Provisional Economic Arrangement signed on this day will remain in force Articles 264, 265, 266, 267, 271, 273 (first alinéa), 274, 275, 276, 277, 279, 280, 306 (fifth alinéa), 323, 324, 325, 326 and 327 of Part X of the Treaty of Versailles shall not apply." The arrangement in effect reduced Siam's claims to the amounts realized from German property already in its possession.

SECTION IV.-Liberia.

ARTICLE 138.

Germany renounces all rights and privileges arising from the arrangements of 1911 and 1912 regarding Liberia, and particularly the right to nominate a German Receiver of Customs in Liberia.

Text of May 7:

Germany renounces all rights and privileges arising from the arrangements of 1911 and 1912 regarding Liberia, and particularly the right to nominate a German Receiver in Liberia.

She further renounces all claim to participate in any measures whatsoever which may be adopted for the rehabilitation of Liberia.

Note to IV, 138

The commission to "investigate the interests of the United States and its citizens in the Republic of Liberia", which visited that country in 1909 (S. Doc. 457, 61st Cong., 2d sess., serial 5659) recommended "that the United States enable Liberia to refund its debt by assuming as a guarantee for the payment of obligations under such arrangement the control and collection of the Liberian customs". On December 13, 1910 the President of Liberia recommended to the Congress the authorization of a loan from American, British, French, and German banking firms to be secured by a receivership of customs, held by an American official, assisted by officers designated by the British, French, and German Governments. Previous negotiations of the American who was acting as special financial representative of Liberia had brought the project to the stage described by the President of Liberia. German commercial interests were the reason assigned for including a German officer (Foreign Relations, 1911, pp. 344-47). Negotiations with the three Governments and the four banking groups continued through 1911, resulting in understandings leading to a consensus.

Liberia and the bankers made an agreement on March 7, 1912, in which M. M. Warburg & Company of Hamburg, Germany, participated, that provided for a 5 percent 40-year refunding loan of $1,700,000 (U. S. Congress, House of Representatives Committee on Ways and Means, Credit for Government of Liberia, Hearings . . on H.J. Res. 270, 67th Cong., 2d sess., p. 48). Extensive correspondence in 1912 (Foreign Relations, 1912, pp. 674–701) divulged difficulties over the location of the three receivers. It was reported

Note to IV, 138—Continued

that the German receiver attached "an exaggerated political and representative significance to his position" and questioned the authority of the American general receiver. He also filed large claims against Liberia.

In the World War of 1914-18 German traders utilized their establishments in Liberia as bases of operations and the consequent British blacklist restrictions disorganized Liberian trade. When the United States entered the war Liberia desired to rid itself of the German population and to free itself of German intrigue. Article 138 was calculated to eliminate German interests from Liberia.

On September 12, 1918 the United States Government notified Liberia that it would extend to Liberia a credit of $5,000,000. Plans were made to refund the British and French tranches of the 1912 loan, to wind up the international receivership, and to create an American receivership of customs and internal revenue. Article 138 of this treaty cleared the way for the execution of the plan without Germany or German interests. The British and French receiverships were not continued. This financial plan was not, however, approved by the President of the United States until April 1920 and it was not until October 28, 1921 that the financial plan and depositary agreement (ibid., 1921, 11, 370) were signed by the Secretary of State and the Liberian Plenary Commission. The outstanding $2,500,000 of the credit of 1918 was thereupon canceled. On January 26, 1922 they were approved by the Liberian Legisla

ture.

Meantime Liberia was procuring advances from the Bank of British West Africa, Ltd., on security from the German Liquidation Fund. The United States Senate on November 27, 1922 recommitted the financial plan to its Finance Committee without instructions (ibid., 1922, 11, 606, 629, 632). Liberia was therefore advised to seek funds from financial houses.

After extensive negotiations, of which the United States Government had cognizance, the Government of Liberia and the Firestone Plantations Company signed three agreements at New York on September 16 and 17, 1925 for 99-year leases of existing rubber plantations and of 1,000,000 acres for rubber cultivation and the development of a port at Monrovia (ibid., 1925, 11, 450). A loan agreement between the Liberian Government and the Finance Corporation of America provided for a 40-year sinking fund 7 percent gold bond loan in the principal amount of $5,000,000 of which the first pro

695852 0-47-20

« ПредыдущаяПродолжить »