The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1921-12-09
FARLEY SUSTAINS
CLAIMS OF CHINA
TO INDEPENDENCE
Powers Pledge Against
Treaties Infringing on
Pekin's Rights.
Continued from Page one.

interests claimed by the parties &c
the agreement.
As to these treaties and agree
ments, DR.. Koo said he felt that
they were all so well known to the
members of the committee that the
complete enumeration or specific
Illustrations would be unnecessary
The first kind of agreements usu-
ally were in the nature o. an en-
gagement on the part of une con-
tracting party not to seek any rail-
way concessions in one part of
China In return for a similar prom
ise on the part OF the other con-
tracing parties, not to seek rail-
way concessions in another part of
China.
Involves National Monopoly.
At first sight it might seem as
IL nation were within its rights
in promising to another to forego
certain opportunities within a spe-
cine region. But any deeper exam
ination OF this matter will imme-
diately show that there are a great
many objections to such a method
of arranging the action OF one ma
tion upon the territory of another.
In the first place IL involves an
fneipient national monopoly or
preference within the region at
fected. because the nation which
has secured a promise of abstention
from one power will then proceed
with efforts to secure II from 9TH
ers- BY the making OF only one
agreement two nations are already
Z backing a. sytem of artificial lin
itation of economic activities.
The rights Of China are involved
both because she must wish that
all the Yarts of her territory shall
be open on equal terms. or on such
q terms as she herself shall deter
mine, to foreign capitalists. mer-
chants and residents. As soon as
such treaties as the above are made,
without copsultation with China.
. her territory is divided into dis
timer spheres for foreign enterprise.
To this she can by no means be
indifferent
/ The other group OF treaties deals
with the safeguarding and defend
ing of territorial rights or special
interests in the Far East, including
or specially mentioning China.
Open-Door Policy.
These all have one or more OF
the following three features:
1. A declaration that the con-
tracing parties have a special in
terest in having order and a pacific
state OF things guaranteed in the
regions OF China adjacent to the
territories where the contracting
powers have rights OF sovereignty
protection or occupation, and en-
gage to support each other for as
surfing the peace and security in
these regions: or,
2. A declaration to support the
independence and integrity of China
and the maintenance of the open
door for foreign commerce. and to
Aid each other for the defense OF
the contracting parties special In
terests in said regions; or,
3. The recognition by one con-
tracing power to the effect that
since propinuuity creates special
relations. the other contracting
power has special interests in
r China.
1t was clear that any one of the
foregoing three features must be
of vital interest to China. The as
surance of peace and order In any
part OF Chinese territory was a
z matter of great concern to China
herself. The maintenance of the
independence and territorial integ-
rity of China touched the supreme
rights of China As to the recog-
milton of propinquity as creating
special interests in China, it was
equally obvious that such recosni-
ton could not be valid because
special interests on Chinese terri
tory could not be created without
the consent of China, and China has
n
the doctrine of propinGuity.
The effect of all such treaties
and agreements has been to main
tain in China conditions which in
timately affected the rights, pros
poets and liberty Of action of China
herself.
If appeared therefore that the
Chinese government has an equit-
able right to be consulted in all
agreements which deal with or pre-
. tend to deal with the general sit
uation in the Far East, including
China Even IL such treaties should
be animated by an entirely friendly
spirit towards China. vet their bear
ing is such that they NAV involve
consequences which would import
. limitations on Chinese freedom Of
action. and even they should there
fore not be made without consulta-
tion with China.
own Interests Affected.
1t may Of course. be said that
China, not being a party to such
treaties, need in no way recognize
them nor consider herself bound by
any OF their provisions. That Is
legally true. But the political eff
feet produced by group of such
spheres Of influence. tends so to
modify the political and economic
situation in China that no efforts
on the part OF her government can
succeed in preserving liberty of &C
ton. We must look at the total
results of a group of such cases.
If the practice should be recognized
that China need not be consulted
In that case 1t Is plain that vital
interests of China would be affected
and the nature OF activities and
interests within China determine6
entirely by the action of outsiaS
powers. The Chinese government
would then find itself obliged g.
move along grooves laid down by
others without having once had an
opportunity of insisting upon her
own life-needs as seen by herself
We must therefore conclude that
though an individual agreement
may on the face of II concern only
the action of outside powers, II
that action relates to China, the