1
德意志者,日爾曼列國總部名也,舊名邪馬尼,居歐洲中原,同盟三十六國,而中惟布路斯最強。
Deutschland is the collective designation of the German states; it was formerly called Xiemani. Situated in central Europe, it formed a confederation of thirty-six states, of which Prussia alone was the strongest.
2
三年春三月,布國遣使臣李福斯來京,欲見總署王大臣呈遞國書。 三口通商大臣崇厚以聞,並稱布國坐來兵船,在大沽攔江沙外扣留丹國商船三艘。 總署以布使不應在中國洋面扣留敵船,詰之。 李福斯接牒,即將丹船放回二艘,並遣譯官謝罪,總署始允會晤。
In the third month of spring in the third year, Prussia dispatched the envoy Count zu Eulenburg to Beijing to seek an audience with the senior ministers of the Zongli Yamen and present his credentials. Commissioner for the Three Treaty Ports Chonghou memorialized the court and reported that the Prussian warship that had come with the mission had detained three Danish merchant ships outside the sandbar at Dagu. The Zongli Yamen protested that the Prussian envoy had no right to seize enemy vessels in Chinese waters and demanded an explanation. On receiving the Yamen's note, Eulenburg immediately released two of the Danish ships and sent an interpreter to apologize, after which the Yamen agreed to receive him.
3
七年夏四月,布路斯君主維利恩復以李福斯為秉權大臣,來華呈遞國書。 八年,咸伯國商人美利士私在臺灣大南澳境伐木墾荒,閩浙總督以聞。 總署以美利士違約妄為,牒布使詰問,請其查辦。 十年春,李福斯遞國書,言德意志各國共推戴布國君主為德意志國大皇帝,中國覆書致賀。 是年李福斯回國,以領事安訥克為署使。 十一年,安訥克以條約十年期滿,牒中國請換約,未果。 李福斯復來,十二月,復遞國書。 明年正月,穆宗親政,請覲見,許之。 屆時李福斯因病回國,署使和立本特備文慶賀,因聲明將來本國使臣朝覲,應按此次所定節略辦理,許之。 九月,德國安訥船在福建洋面遭水賊殺斃船主、大夥,並毀其船,閩撫丁日昌當將犯拏獲斬梟,並追贓一萬三千餘元。 德使責中國賠償,總署以德約三十三款明言不能賠償贓物,不許。
In the fourth month of summer in the seventh year, King Wilhelm I of Prussia again appointed Count zu Eulenburg plenipotentiary minister and sent him to China to present his credentials. In the eighth year, the Hamburg merchant Mellish illegally logged timber and cleared land in the Danan'ao area of Taiwan; the governor-general of Fujian and Zhejiang memorialized the court. The Zongli Yamen, holding that Mellish had violated treaty obligations and acted without authorization, sent a dispatch to the Prussian minister demanding an inquiry and investigation. In the spring of the tenth year, Eulenburg presented a letter announcing that the German states had jointly acclaimed the King of Prussia as German Emperor; China responded with a congratulatory message. That year Eulenburg returned home, and Consul Anneke was appointed acting minister. In the eleventh year, Anneke petitioned China to renew the treaty on the grounds that its ten-year term had expired, but the request was not granted. Eulenburg returned, and in the twelfth month presented his credentials again. In the first month of the following year, after the Tongzhi Emperor assumed personal rule, the envoy requested an audience, which was granted. When the appointed day arrived, Eulenburg had returned home on account of illness; Acting Minister Holleben submitted a congratulatory message and stated that future German envoys presenting credentials should follow the protocol established on this occasion, which was approved. In the ninth month, pirates on the Fujian coast killed the master and crew of the German ship Anneke and destroyed the vessel; Governor Ding Richang promptly captured and executed the offenders and recovered more than thirteen thousand yuan in stolen property. The German minister demanded compensation from China, but the Zongli Yamen refused, citing Article 33 of the German treaty, which expressly states that stolen goods are not subject to indemnity.
4
二年,德以巴蘭德為駐華公使。 春三月,直隸總督李鴻章始遣遊擊卞長勝等五弁,赴德武學院學習陸軍槍砲操法。 巴蘭德牒總督,催請換約。 十月,巴蘭德復牒總署索三事:一,洋商在租界內售賣洋貨,不再抽釐金; 二,發給存票,不立期限,並准其以存票支取現銀; 三,德商入內地採買土貨,准攜現銀。 又請於年內開辦上海一口; 又求在大孤山添開口岸,鄱陽湖拖帶輪船,吳淞口上下貨物三端。 總署拒之,屢辯駮,不省。 明年五月,遂偕繙譯官阿恩德出京。 既抵天津,往晤李鴻章,鴻章曉以兩國意見即有不合,應往返商辦,力勸之,巴使乃回京。 總署促與開議,忽言俟十月間再議。 是年德使館定居東交民巷,仍納租價。 四年,以光祿寺少卿劉錫鴻為出使德國大臣,並遞國書。 劉錫鴻尋奏,聞德外務大臣促巴蘭德速立新約,而巴蘭德於吳淞起卸貨物、鄱陽拖帶輪船、內地租住店房三條仍力爭,至是竟回國。 明年閏三月,巴使復來華議約,仍著重前三條。 時德丕里約夾板船至山東榮成縣所屬海面觸礁,巴使要求賠償,拒之。 巴使又以天津紫竹林無德國租界,要求在法界以上另添租界,不許。 是年閏五月,以候選道李鳳苞為出使德國大臣。
In the second year, Germany appointed Max von Brandt minister to China. In the third month of spring, Zhili governor-general Li Hongzhang dispatched Battalion Commander Bian Changsheng and four other officers to the German military academy to train in infantry firearms and artillery drill. Von Brandt sent a dispatch to the governor-general pressing for treaty revision. In the tenth month, von Brandt again petitioned the Zongli Yamen for three concessions: first, that foreign merchants selling foreign goods within the concessions be exempt from likin duties; second, that deposit certificates be issued without time limits and be redeemable for silver on demand; third, that German merchants traveling into the interior to purchase native goods be permitted to carry silver cash. He also asked that Shanghai be opened as a port within the year; and further sought three additional concessions: opening Dagushan as a treaty port, steam towing on Poyang Lake, and unrestricted loading and unloading of goods at Wusong. The Zongli Yamen refused; despite repeated exchanges of argument and rebuttal, no agreement was reached. In the fifth month of the following year, he left Beijing together with his interpreter Arnhold. On reaching Tianjin, he called on Li Hongzhang, who urged that even when the two sides disagreed, matters should be settled through negotiation rather than departure, and persuaded him to return to Beijing. The Zongli Yamen pressed him to open negotiations, but he suddenly announced that talks would be postponed until the tenth month. That year the German legation was permanently established in Dongjiaomin Lane, with rent still paid as before. In the fourth year, Liu Xihong, Vice Minister of the Court of Imperial Sacrifices, was appointed minister to Germany and presented his credentials. Liu Xihong soon reported that the German foreign minister was pressing von Brandt to conclude a new treaty, while von Brandt continued to insist on his three demands regarding Wusong, Poyang steam towing, and inland shop leases; he then returned home. In the intercalary third month of the following year, von Brandt returned to China to negotiate the treaty, still insisting on the same three points. At that time a German brig ran aground off the coast of Rongcheng county in Shandong; von Brandt demanded compensation, which was refused. Von Brandt also requested an additional concession above the French quarter in Tianjin, on the grounds that Germany had no concession at Zizhulin; the request was denied. In the intercalary fifth month of that year, Li Fengbao was appointed minister to Germany.
5
六年春二月,朝廷因德約議久未成,特派總理各國事務、協辦大學士、兵部尚書沈桂芬,戶部尚書景廉為全權大臣,復與巴使開議。 久之,巴使始允將「大孤山、鄱陽湖及洋商入內地」刪去,並照英國新約辦法,彼此條款略相抵; 惟江蘇吳淞口一處,允德船隻暫停泊,上下客商貨物,章程仍由中國江海關道自訂。 遂於二月二十一日畫押,並聲明二事:一,德國夾板在中國口岸停泊十四日以外者,則自第十五日起,即于應交正數船鈔減半,先行試辦; 一,第六款內「德國允,德國人等」條內有「遊歷」二字,德譯與華文不符,應將德文字意更正。 遂約自畫押之日起,限一年內互換。 已,巴使於六月三十日又來牒,稱德國國法,凡議立條約,必須先問國會,國會允許,方能批准; 本國國會約在明年,所議三月初二日互換約章一款,請將期限改為光緒七年十月初十日。 七年秋七月,巴使請定期互換條約,政府命景廉與巴使在北京總署畫押互換,是為中德續約十款,並善後章程九條。
In the second month of spring in the sixth year, because German treaty negotiations had dragged on without result, the court appointed Shen Guifen and Jing Lian as plenipotentiaries to reopen talks with von Brandt. After prolonged negotiation, von Brandt finally agreed to drop the demands regarding Dagushan, Poyang Lake, and inland access for foreign merchants, and to follow the model of the new British treaty, with provisions roughly balanced on both sides; only at Wusong in Jiangsu were German vessels permitted temporary anchorage for loading and unloading cargo, with regulations still to be determined by the Chinese maritime customs authorities. The treaty was initialed on the twenty-first of the second month, with two declarations attached: first, German vessels remaining at Chinese ports beyond fourteen days would pay half the regular tonnage dues from the fifteenth day onward, on a trial basis; second, in Article 6, the Chinese term for "travel" did not correspond to the German text and would be corrected to reflect the German meaning. It was agreed that the treaty would be exchanged within one year of the initialing. Thereafter, on the thirtieth of the sixth month, von Brandt sent another note stating that under German law, treaties required prior approval by the Reichstag before ratification; as the Reichstag would not convene until the following year, he requested that the exchange date be changed from the second day of the third month to the tenth day of the tenth month of Guangxu 7. In the seventh month of autumn in the seventh year, von Brandt requested a fixed date for exchange; the government ordered Jing Lian to exchange the treaty with him at the Zongli Yamen in Beijing—the Sino-German supplementary treaty of ten articles, with nine supplementary regulations.
6
八年夏六月,德始與朝鮮議約,中國派員蒞盟,聲明為中國屬邦。 九年冬十月,議結德魯麟洋行地畝案。 初,廣東汕頭新開附地有海坪官地,中國欲填築作為商埠,忽有德魯麟洋行買辦華民郭繼宗謂系伊地,陰結德駐汕頭領事沙博哈,及德水師兵船,豎旗強佔。 中國聞之,牒向德使詰問,並命出使大臣李鳳苞與德外部辯論。 時德相為畢士馬克,電致巴使,命速令師船退出,並撤領事任。 已,德使歸咎中國地方官,屢請派員查辦,議久不決。 至是,總署從李鴻章議,令赫德派洋員會同粵員議辦,遂辦結。
In the sixth month of summer in the eighth year, Germany concluded its first treaty with Korea; China sent a representative to the signing ceremony and declared Korea a tributary state of China. In the tenth month of winter in the ninth year, the land dispute involving the Drewsen & Co. firm was settled. Initially, on the newly opened foreshore at Shantou in Guangdong there was government tidal land that China planned to reclaim for a commercial port; suddenly the Chinese comprador Guo Jizong of Drewsen & Co. claimed it as his own, colluded secretly with the German consul Schab and a German warship, and seized it by force under the German flag. On learning of this, China sent a dispatch to the German minister demanding an explanation and ordered Minister Li Fengbao to protest to the German foreign office. Chancellor Bismarck telegraphed von Brandt ordering the warship to withdraw immediately and the consul to be recalled. Thereafter the German minister blamed Chinese local officials and repeatedly demanded an official investigation; negotiations dragged on without resolution. At this point the Zongli Yamen, following Li Hongzhang's proposal, ordered Robert Hart to dispatch a foreign staff member to negotiate jointly with Guangdong officials, and the case was settled.
7
十年,贈德皇景泰窯器,答歷次派員監造鐵艦、撥借魚雷及兵船教習等事,修好也。 十二年春二月,出使英國大臣曾紀澤將回華,德駐英公使伯爵哈子斐爾德遣參贊官伯爵美塔尼克來言,德皇暨德相畢斯馬克欲與晤談,邀臨其國,遂遊各製造局廠。 十四年秋七月,德皇薨,命出使大臣洪鈞弔唁,德命駐華公使巴蘭德致謝。
In the tenth year, Jingtai porcelain was presented to the German emperor in acknowledgment of Germany's assistance in supervising ironclad construction, lending torpedoes, and providing naval instruction—a gesture of renewed amity. In the second month of spring in the twelfth year, as Minister to Britain Zeng Jize was preparing to return to China, the German minister in London, Count Hatzfeldt, sent his counsellor Count Metternich to convey that the German emperor and Chancellor Bismarck wished to meet him; invited to Germany, he toured various factories and arsenals. In the seventh month of autumn in the fourteenth year, the German emperor died; Minister Hong Jun was ordered to convey condolences, and Germany instructed Minister von Brandt in China to express thanks.
8
二十年夏四月,德人阿爾和欲在漢口建火油池。 初,德商在上海創設火油池棧,許之。 既又欲於漢口購地踵建,不許。 德使爭辯,旋議將火油照巿價收買,及償造油制器各費,德使仍不從。 明年,又請增開天津、漢口租界,許之。 二十二年春正月,德外部馬沙爾求在中國借地泊船,出使大臣許景澄以告。 時李鴻章使德將還,留稅務司德璀琳與德外部商辦加稅事,德廷謂須中國讓給兵船埠地始允加稅,德璀琳阻之,不省。
In the fourth month of summer in the twentieth year, a German named Arhold sought to build a kerosene depot at Hankou. German merchants had previously been permitted to establish a kerosene depot and warehouse in Shanghai. They then sought to purchase land at Hankou and build a similar facility there, but permission was denied. The German minister protested; China then proposed to purchase the kerosene at market price and compensate the cost of oil-processing equipment, but the German minister refused. The following year, they requested the expansion of the concessions at Tianjin and Hankou, which was granted. In the first month of spring in the twenty-second year, German Foreign Minister Marschall requested a site in China for naval anchorage; Minister Xu Jingcheng reported this to the court. At that time Li Hongzhang was completing his mission to Germany and left Customs Commissioner Detring to negotiate tariff increases with the German foreign office; the German government insisted that China must cede a naval anchorage before agreeing to higher duties, and Detring's objections were ignored.
9
二十三年十月,山東曹州府钜野縣有暴徒殺德教士二人,德以兵艦入膠州灣,逼守將章高元退出砲台,佔領之。 德使海靖向總署要求六款:一,革巡撫李秉衡職,永不敘用; 二,給天主堂建築費六萬六千兩,賠償盜竊物品銀三千兩; 三,钜野、菏澤、鄆城、單縣、曹縣、魚台、武涉七處,各建教師住房,共給工費二萬四千兩; 四,保以後永無此等事件; 五,以兩國人資本設立德華公司,築造山東全省鐵道,並許開採鐵道附近之礦山; 六,德國辦理此案費用,均由中國賠償。 總署屢與折沖,始將第一款「永不敘用」四字刪去; 二、三兩款全允; 四、六兩款全削除; 五款許以膠州灣至濟南府一段鐵道由德築造。 議漸就緒,忽曹州有驅逐教師、殺害洋人之說,德使復要求租借膠州灣。 二十四年二月,總署與德使海靖另訂專條三章。 一章,膠州灣租界:一,灣內各島嶼及灣口與口外海面之群島,又灣東北岸自陰島東北角起劃一線東南行至勞山灣止,灣西南岸自齊伯山島對岸劃一線西南行至笛羅山島止,又灣內全水面以最高潮為標之地,皆為租借區域; 二,租借區域,德國得行使主權、建築砲台等事,但不得轉租與他國; 中國軍艦商船來往,均照德國所定各國往來船舶章程一例待遇; 三,租借期限以九十九年為期,如限內還中國,則德國在膠州灣所用款項由中國償還,另以相當地域讓與德國; 四,自膠州灣水面潮平點起,周圍中里一百里之陸地為中立地,主權雖歸中國,然中國若備屯軍隊,須先得德國許可,但德國軍隊有自由通過之權。 二章,鐵道礦務辦法:一,中國准德國在山東築造自膠州灣經濰縣、青州等處至濟南及山東界,又自膠州灣至沂州經萊蕪至濟南之二鐵道; 二,鐵道附近左右各三十里中國里內之礦產,德商有開採之權。 三章,山東全省開辦各項事務:一,以後山東省內開辦何項事務,或須外資,或須外料,或聘外人,德國有侭先承辦之權。 是為中德膠澳租界條約。
In the tenth month of the twenty-third year, rioters in Juye county, Caozhou prefecture, Shandong, killed two German missionaries; Germany sent warships into Jiaozhou Bay, forced garrison commander Zhang Gaoyuan to evacuate the forts, and occupied them. German Minister Heyking demanded six concessions from the Zongli Yamen: first, dismiss Governor Li Bingheng from office permanently; second, pay sixty-six thousand taels for church construction and three thousand taels in compensation for stolen property; third, build missionary residences at seven locations—Juye, Heze, Yuncheng, Shan county, Cao county, Yutai, and Wushe—with a total construction allowance of twenty-four thousand taels; fourth, guarantee that such incidents would never recur; fifth, establish a Sino-German company with joint capital to build railways throughout Shandong and grant mining rights along the railway corridor; sixth, China was to bear all expenses incurred by Germany in handling the case. After repeated negotiation, the Zongli Yamen succeeded in having the phrase "never employ again" deleted from the first article; the second and third articles were accepted in full; the fourth and sixth articles were entirely dropped; under the fifth article, Germany was permitted to build the railway from Jiaozhou Bay to Jinan. Negotiations were nearing completion when reports emerged from Caozhou of attacks on missionaries and foreigners; the German minister again demanded a lease on Jiaozhou Bay. In the second month of the twenty-fourth year, the Zongli Yamen and German Minister Heyking concluded a separate agreement in three chapters. Chapter One, Jiaozhou Bay concession: first, all islands within the bay and the archipelagos at and beyond the bay mouth; on the northeast shore, a line from the northeast corner of Yin Island southeast to Laoshan Bay; on the southwest shore, a line from opposite Qiboshan Island southwest to Diluo Island; and all waters within the bay up to the high-tide mark—all constituted the leased area; second, within the leased area Germany might exercise sovereignty and build fortifications, but might not sublease the territory to any other power; Chinese warships and merchant vessels were to be treated on the same terms as vessels of other nations under regulations set by Germany; third, the lease was for ninety-nine years; if the territory were returned to China within the term, China would reimburse Germany's expenditures at Jiaozhou Bay and grant equivalent territory in exchange; fourth, the land within one hundred Chinese li in all directions from the mean tide level of Jiaozhou Bay was designated neutral territory; although sovereignty remained with China, China could not station troops without German permission, while German troops enjoyed the right of free passage. Chapter Two, railway and mining provisions: first, China permitted Germany to build two railways in Shandong—from Jiaozhou Bay via Weixian and Qingzhou to Jinan and the provincial border, and from Jiaozhou Bay via Yizhou and Laiwu to Jinan; second, German merchants were granted mining rights within thirty Chinese li on either side of the railway. Chapter Three, undertakings throughout Shandong: first, for any future enterprise in the province requiring foreign capital, materials, or personnel, Germany held the right of first refusal. This was the Sino-German Jiaozhou Bay concession treaty.
10
二十四年,山東日照教案起,德人進兵據城,案結仍不退。 又中國擬修天津至鎮江鐵路,德人阻之,並欲自修濟南至沂州一段,總署不許。 又要求中國借德款,用德工程師。 二十五年,山東高密民人阻德人修鐵路,山東巡撫袁世凱諭解之,因立鐵路章程,設華商德商膠濟鐵路公司,立交涉局,招股購地丈量建築。 又立膠澳交涉章程十一款:一,兩國交涉案件,須兩國會辦; 二,德人遊歷,須發護照; 三,兩國交涉事,統由交涉官商辦; 四,青島租界內華洋案件,歸交涉官提訊審斷; 五,租界內華人牽涉德人案件,須德官會同山東交涉官審問; 六,德雇用華民之案,須由德官審訊; 七,華人案件,仍由華審斷; 八,租界外罪犯逃入青島華民及德人住處者,分別由華官、德官提拏解交; 九,華、德人在租界內外行兇,華、德兵均可拿禁解交; 十,華、德官商辦案件,須和衷; 十一,重大案件,本省不能結者,由總署及駐京德使商辦。
In the twenty-fourth year, the Rizhao missionary incident erupted in Shandong; German troops occupied the city and refused to withdraw even after the case was settled. China also planned a railway from Tianjin to Zhenjiang; Germany obstructed the project and sought to build the Jinan-to-Yizhou section itself, which the Zongli Yamen refused. Germany also demanded that China borrow German loans and employ German engineers. In the twenty-fifth year, residents of Gaomi in Shandong obstructed German railway construction; Governor Yuan Shikai mediated the dispute, railway regulations were promulgated, a joint Chinese-German Jiaoji Railway Company was established along with a negotiation office, and work proceeded on share subscription, land purchase, surveying, and construction. Eleven articles of Jiaozhou negotiation regulations were also promulgated: first, cases involving both countries must be handled jointly; second, Germans traveling in the region must carry passports; third, all matters between the two countries were to be handled by designated negotiation officials; fourth, cases involving Chinese and foreigners within the Qingdao concession were to be tried by negotiation officials; fifth, cases within the concession involving Chinese and Germans required joint trial by German officials and Shandong negotiation officials; sixth, cases involving Chinese employed by Germans were to be tried by German officials; seventh, cases involving only Chinese remained under Chinese jurisdiction; eighth, criminals from outside the concession who fled into Chinese or German residences in Qingdao were to be arrested and handed over by the respective Chinese or German authorities; ninth, when Chinese or Germans committed violence inside or outside the concession, Chinese or German troops might arrest the offenders and hand them over; tenth, Chinese and German officials handling cases must cooperate in good faith; eleventh, major cases that the province could not settle were to be referred to the Zongli Yamen and the German minister in Beijing.
11
又與德議立礦務章程,未定,二十六年五月,駐京德使克林德為拳匪所戕。 七月,德與英、法、俄、美、日本、荷蘭、意、比、奧、瑞十一國聯軍入北京,推德將瓦德西為總司令。 瓦德西入居禁城儀鑾殿。 時命李鴻章為全權大臣,入京議和。 各國提出條款:一,中國政府為被戕德公使克林德置立石碑; 一,中國政府應派親王前往德國謝罪; 一,將總理衙門撤去; 一,嚴辦禍首; 一,廢去大沽口及直隸各處砲台; 一,禁止軍裝砲火入口; 一,各省有曾經殺戮西人,停止鄉試小考五年; 一,有事直達中國皇上; 一,駐華各使館永遠設兵保護; 一,由京至海電報郵政設兵保護; 一,國家公司以及私產均照賠。 久之始定議,共十二款,而為克林德立碑京城,及遣醇王載灃入德謝罪,均如所請行。 十月,獲戕德使克林德犯恩海,交德駐京提督誅之。 明年,醇親王載灃至德,見德皇遞書,時帶廕昌一人,俱行鞠躬禮。
Negotiations with Germany on mining regulations remained unsettled; in the fifth month of the twenty-sixth year, German Minister Baron von Ketteler was killed by Boxers in Beijing. In the seventh month, allied forces from eleven nations—Germany, Britain, France, Russia, the United States, Japan, the Netherlands, Italy, Belgium, Austria, and Switzerland—entered Beijing and appointed German Field Marshal Waldersee commander-in-chief. Waldersee moved into the Yiluan Hall within the Forbidden City. Li Hongzhang was then appointed plenipotentiary minister and sent to the capital to negotiate peace. The powers presented their demands: first, the Chinese government was to erect a stone monument to the murdered German minister, Baron von Ketteler; second, the Chinese government was to send a prince to Germany to apologize; third, the Zongli Yamen was to be abolished; fourth, the chief culprits were to be severely punished; fifth, the forts at Dagu and throughout Zhili were to be dismantled; sixth, the import of military uniforms and munitions was to be banned; seventh, in provinces where Westerners had been killed, the provincial and lower civil examinations were to be suspended for five years; eighth, communications were to go directly to the Emperor of China; ninth, legations in China were to be permanently guarded by troops; tenth, troops were to guard telegraph and postal lines from the capital to the coast; eleventh, both state and private property were to be fully indemnified. After prolonged negotiations an agreement was finally reached in twelve articles; the erection of a monument in the capital to von Ketteler and the dispatch of Prince Chun Zai Feng to Germany to apologize were both carried out as demanded. In the tenth month En Hai, who had killed German Minister von Ketteler, was captured and handed over to the German commander in Beijing for execution. The following year Prince Chun Zai Feng reached Germany, met the German Emperor, and presented a letter; he was accompanied only by Yinchang, and both performed a bow.
12
二十八年秋七月,德商在漢口華界偪近襄河口請設立躉船,駮之。 時政府要求德及英、法、日本撤兵,德使聞他國有在揚子江獨享中國特予權利者,請定明長江上下游進兵要隘不得讓與他國,以定撤兵日期,拒之。 三十年,與德會訂小清河岔路合同。 初,膠濟鐵路章程原不許擅行另造枝路,今為商務便利計,特委膠濟鐵路公司代辦。 是年,德水艦隊擬入長江及各內河遊巡演砲,阻之。
In the seventh month of autumn in the twenty-eighth year, German merchants in the Chinese quarter at Hankou near the mouth of the Xiang River asked to establish lighters; the request was rejected. The government then pressed Germany, Britain, France, and Japan to withdraw their troops. Learning that another power held exclusive Chinese-granted rights on the Yangtze, the German minister asked that key military positions along the river be barred from transfer to any other country as a condition for fixing a withdrawal date; China refused. In the thirtieth year China and Germany concluded a contract for the Xiaqing River branch railway. Under the original Jiaoji Railway regulations branch lines could not be built without authorization; for commercial convenience the Jiaoji Railway Company was specially commissioned to handle the project. That year the German naval squadron proposed to cruise the Yangtze and other inland rivers on gunboat patrols; China blocked the move.
13
三十一年,德撤退膠州、高密兩處兵隊。 初,德人在山東修造膠濟鐵路,因高密民聚眾阻工,先後由青島派兵赴膠、高保護鐵路。 山東巡撫袁世凱派員查辦議結,駐膠德兵旋即撤回青島。 既,拳匪滋事,德人又派兵分駐膠州,並於城北車站旁價購民地十四畝,修造兵房。 二十九年秋,又于附近沈家河續租民地七畝,安設水管,以便取汲。 高密兵隊先駐城內,後又在城外古城地方議租民地九十餘畝,修造兵房,議定以六個月為限。 尋又修築由古城至小王莊火車站馬路一道。 時六個月限期已滿,東撫商令退兵,屢延展,至是始訂撤兵善後事宜五款,遂議結。
In the thirty-first year Germany withdrew its garrisons from Jiaozhou and Gaomi. Earlier, while Germans were building the Jiaoji Railway in Shandong, residents of Gaomi gathered to obstruct construction; troops were sent repeatedly from Qingdao to Jiaozhou and Gaomi to guard the line. Shandong Governor Yuan Shikai sent officials to investigate and settle the dispute; the German troops at Jiaozhou were soon pulled back to Qingdao. When the Boxer disturbances broke out, the Germans again stationed troops at Jiaozhou and, beside the north-city railway station, bought fourteen mu of civilian land and built barracks. In the autumn of the twenty-ninth year they leased another seven mu near Shenjia River and laid water pipes for supply. The Gaomi garrison was first stationed inside the city; later it leased more than ninety mu outside at the old city site, built barracks, and agreed on a six-month limit. They soon built a road from the old city to Xiaowangzhuang railway station. When the six-month term expired the Shandong governor pressed for withdrawal, but the deadline was extended repeatedly; only then were five articles on withdrawal and follow-up agreed, and the matter was closed.
14
又議商約,朝廷派呂海寰、盛宣懷為商約大臣。 德人提出十四款,袁世凱、張之洞往返電商,海寰等與德使穆默、總領事克納俱迭次會議,彼此堅持。 至三十三年,始議定條約十三款,在北京互換。 第一款,釐金:中國政府與諸國立約裁撤現有之釐金,加增進出口之關稅以抵裁釐。 此約須立約各國派員議決,德國政府亦允派員議結此事,惟中國須當擔保釐金定必全行裁撤方可。 第二款,住居:德國人民及德國保護之人民,准在中國已開及日後所開為外國人民通商各口岸或通商地方,往來居住,辦理商工各業製造等事,以及他項合例事業; 且准租買房屋、地基、經商之地及他項實產,並可在租買之地內建造房屋。 第三款,關棧:中國政府允准在通商口岸設法屯積洋貨及拆包改裝等事。 中國政府一經由德領事請將某德商或德國保護人民之棧得享關棧之利益,則中國政府須准如所請,惟須遵照海關所訂之專章辦理,以保餉源。 海關官員又須與各國領事議定關棧專章,以及規費若干,須按照該棧離關遠近,屯何貨物,並工作早晚,酌量核定。 凡在通商地方所設之關棧,德國人民及德國保護人民均准用之。 第四款,礦務:中國政府振興礦務,並招徠外洋資本興辦礦業,故允自簽押此約之日起,於一年內,仿照德國及他國現行礦務章程,頒發礦務新章,以期一面振興中國人民之利益,於中國主權毫無妨礙,一面於招致外洋資財無礙,且比較諸國通行章程,於礦商亦不致有虧。 是以中國政府須准德國人民及德國保護人民在中國地方開辦礦務及礦務內所應辦之事。 凡所辦礦業,不得因稅項之故致其財源有所虧損,除徵抽淨利之稅及礦產之地稅外,不得另抽他項之稅。 第五款,貨稅:還稅之存票,須自商人稟請之日起,如查系應領者,限於二十一日內由海關發給。 此等存票,可用在各處海關,按所載銀數,除子口稅一項外,以抵各項出入口貨稅。 至洋貨入口後三年之內,轉運外洋,凡執持此等存票者,即准任便在發給之港向海關銀號按全數領取現銀。 倘請發存票之人意圖走漏關稅,一經查出,則須罰銀,照其所圖騙之數不得逾五倍,或將其貨入官。 第六款,保護商標:凡中國商標,一經呈出在中國各領事所給之據,證明此項商標已在中國認可,且實屬於稟請之人者,均可在德國享保護之利益,與德國之商標相同。 華商之姓名牌號,必須在德國保護,以免仿冒。 德國商標亦須在中國保護,以防假冒,惟須呈出德國官員並領事所給之據,證明該商標實已在德國註冊,德商之姓名商標以及中國行名均須保護。 凡德商包裹貨物之特法,在中國之同業曾已認為某行用以區別某項貨物者,亦須一律保護。 德國保護之人民亦能享以上所言之利益。 商標註冊局一經成立,保護商標章程亦已刊佈,則中、德兩國必須開議特約,以便彼此保護商標。 至此約未議之前,以上之款必須施行。 第七款,營業:中國人民購買他國營業及公司之股票,是否合例,尚未明定。 又因華民如此購買,為數頗巨,故中國現將華民或已購買或將來購買他國公司股票,均認為合例。 凡同一合資公司,原入股購票者,彼此一律,不得稍有歧異。 遇有華民購買德公司股份者,應將該人民購買股份之舉,即作為已允遵守該公司訂定法律章程,並原按德國公堂解釋該法律章程辦法之據。 倘不遵辦,致被公司控告,中國公堂應即飭令買股份之華民遵守該章程,當與德國公堂飭令買股份之德國人民相等無異,不得另有苛求。 德國人民如購中國公司股票,其當守本分,與華民之有股份者相同。 凡尋常合資股東,及一人或數人有無限之責任,與一人或數人有有限之責任,為合資股東,在德屬經商之有限合資公司註冊,合辦會社有限公司,及各項商業公司等,均須按照以上二節辦理。 茲並訂明,本約告成之時,凡曾經呈控公堂而由公堂判定,及不予准理之案,均與是款無涉。 第八款,開埠:凡各國代其本國人民船舶索開之口岸地方,德國商人與德國保護之人民,及德國船舶,均可共用此益。 第九款,行船:中國本知宜昌至重慶一帶水道宜加整頓,以便輪船行駛,所以彼此訂定,未能整頓以前,應准輪船業主聽候海關核准,自行出資安設拖拉過灘利便之件。 其所安設利便之件,無論民船、輪船,均須遵照海關與創辦利便之人商議後所定章程辦理。 其標示記號之台塔及指示水槽之標記,由海關酌度何地相宜備設。 將來整頓水道,及利於行船而無害于地方百姓,且不費中國國家之款,中國不宜拒阻。 第十款,內港行船章程:前已特准在通商口岸行駛貿易,因是年七月二十八號及九月先後所訂此項章程間有未便,是以彼此訂明,從新修改。 第十一款,圜法:中國允原設法定為合例之國幣,將來德國商人及德國保護人民並中國人民,應遵照以完納各項稅課及付一切用款。 第十二款,禁令:一千八百八十一年九月二號中德條約附載之通商章程第五款第三節內開,「凡米穀等糧,德商欲運往中國通商別口,照銅錢一律辦理」等因,茲彼此應允,若在某處,無論因何事故,如有饑荒之虞,中國政府先於二十一日前出示禁止米穀等糧由該處出口,各商自當遵辦。 倘船隻為專租載運穀米,若在奉禁期前,或甫屆禁期到埠尚未裝完已買定之米穀者,仍可准於禁期七日內一律裝完出口。 惟米穀禁期之內,應於示內聲明漕米、軍米有無出口。 如運出口者,應於海關冊簿詳細登記進出若干,其餘他項米穀,中國政府必須設法一概不准轉運出口。 其禁止米穀以及禁期內應運之漕米、軍米數目,各告示均須由中國政府頒發,以期共見。 二十一日之期限,必須自京報登刊之日起計。 限滿弛禁之告示,亦須載於京報,使眾得聞。 至米穀等糧,仍不准運出外國。 第十三款,中、德兩國於本約以前所立各條約,除因立本約有所更改外,均仍舊施行。 嗣後如有文詞辯論之處,應以德文作為正義。
Commercial treaty talks were also opened; the court appointed Lü Haihuan and Sheng Xuanhuai commissioners for the negotiations. The Germans put forward fourteen articles; Yuan Shikai and Zhang Zhidong debated by telegram; Lü Haihuan and his colleagues met repeatedly with German Minister Mumm von Schwarzenstein and Consul General Knack, and neither side would yield. Only in the thirty-third year was a treaty of thirteen articles finally agreed and ratified in Beijing. Article 1, Likin: The Chinese government, having agreed with the treaty powers to abolish existing likin, shall raise import and export customs duties to compensate for its removal. This matter must be settled by commissioners from all treaty powers; Germany also agrees to send commissioners, but only if China guarantees that likin will be abolished in full. Article 2, Residence: German nationals and persons under German protection may reside at treaty ports and trading places in China already open or hereafter opened to foreign commerce, and may engage in trade, industry, manufacturing, and other lawful business; they may also lease or buy houses, building sites, commercial land, and other real property, and may erect buildings on land they lease or purchase. Article 3, Bonded warehouses: The Chinese government permits facilities at treaty ports for storing foreign goods and for unpacking and repacking. Whenever the German consul requests bonded-warehouse privileges for a German merchant or protected subject, China must grant it, subject to customs regulations designed to protect revenue. Customs officials must also agree with the consuls on warehouse regulations and fees, assessed according to distance from the customs house, the goods stored, and the hours of operation. German nationals and protected persons may use all bonded warehouses established in trading areas. Article 4, Mining: Seeking to develop mining and attract foreign capital, China agrees that within one year of signing this treaty it will promulgate new mining regulations modeled on German and other foreign codes, so as to benefit Chinese subjects without impairing sovereignty, to welcome foreign investment, and to treat miners no less favorably than under regulations elsewhere. China must therefore permit German nationals and protected persons to operate mines in China and to carry out all related activities. Mining operations must not be impaired by taxation; aside from a tax on net profits and land tax on mineral output, no other levies may be imposed. Article 5, Duties on goods: Drawback certificates, once a merchant applies and the claim is found valid, must be issued by the customs within twenty-one days. These certificates may be used at any customs house for the amount stated, and, except for transit duty, may offset import and export duties. Foreign goods re-exported within three years of import may be redeemed in full in cash at the issuing port by holders of such certificates. Anyone who applies for a certificate intending to evade duty, once discovered, shall pay a fine of up to five times the amount defrauded, or forfeit the goods. Article 6, Protection of trademarks: Chinese trademarks supported by consular certificates showing recognition in China and ownership by the applicant shall enjoy in Germany the same protection as German trademarks. Chinese merchants' names and trade marks must be protected in Germany against imitation. German trademarks must likewise be protected in China, on presentation of certificates from German officials and consuls proving registration in Germany; German merchants' names and marks and Chinese firm names must all be protected. Special packaging marks used by German merchants to distinguish goods, when recognized as such by the trade in China, must also be protected. Persons under German protection may enjoy the same benefits. Once trademark registration offices are established and protective regulations published, China and Germany must negotiate a special convention for mutual trademark protection. Until such a convention is concluded, the provisions above must remain in force. Article 7, Business enterprises: Whether Chinese subjects might lawfully buy shares in foreign firms had not been clearly settled. Because Chinese had already bought such shares in large numbers, China now recognizes both past and future purchases of foreign company stock by Chinese subjects as lawful. Within any joint-stock company, original shareholders shall be treated equally without discrimination. When a Chinese subject buys shares in a German company, the purchase shall count as agreement to abide by the company's articles and to accept German judicial interpretation of them. If he fails to comply and the company sues, Chinese courts shall order the Chinese shareholder to observe the articles on the same terms as German courts would order a German shareholder, without imposing extra conditions. German subjects who buy shares in Chinese companies shall bear the same obligations as Chinese shareholders. Ordinary partners, partners with unlimited or limited liability, limited partnerships registered in Germany, joint-stock companies, and other commercial firms shall all be governed by the two preceding paragraphs. It is further agreed that cases already decided or dismissed by the courts before this treaty took effect are not affected by this article. Article 8, Opening of ports: Wherever a port or place is opened at another power's request for its nationals and ships, German merchants, protected persons, and German vessels shall enjoy the same benefits. Article 9, Navigation: China agrees that the Yichang–Chongqing waterway should be improved for steam navigation; until that is done, steamship owners may, with customs approval and at their own expense, install hauling gear to pass rapids. Use of such facilities by native craft and steamers alike must follow regulations agreed between the customs and those who install them. Signal towers and channel markers shall be placed at sites the customs considers suitable. China should not refuse future improvements that aid navigation, do not harm local inhabitants, and cost the state nothing. Article 10, Regulations for inland navigation: Steam trade at treaty ports had already been permitted; because regulations issued on 28 July and in September of that year proved inconvenient in places, both sides agreed to revise them. Article 11, Currency: China agrees that the lawful national currency shall be used by German merchants, protected persons, and Chinese subjects alike for all taxes and payments. Article 12, Prohibitions: Under section 3 of Article 5 of the commercial regulations annexed to the Sino-German treaty of 2 September 1881, grain shipped by German merchants between Chinese treaty ports was to be treated like copper cash; both sides now agree that if famine is feared at any place, China may, with twenty-one days' notice, ban export of grain from that place, and merchants must comply. Vessels chartered solely for grain that arrived before the ban, or just as it took effect with grain already purchased but not fully loaded, may finish loading and export within seven days of the prohibition. The prohibition notice must state whether tribute grain and military grain may be exported. If export is allowed, quantities must be recorded in detail in customs registers; China must prevent all other grain from being transshipped for export. Proclamations on the grain ban and on permitted tribute and military grain must be issued by the Chinese government for public notice. The twenty-one-day period must run from the date of publication in the Peking Gazette. Notices lifting the ban when the term expires must also be published in the Peking Gazette for public notice. Grain and similar staples may still not be exported abroad. Article 13: All prior treaties between China and Germany remain in force except as modified by this treaty. In any future dispute over wording, the German text shall be binding.
15
是年與德訂互寄郵件暫行章程。 訂後,德使穆默牒總稅務司聲明三事:一,高密所設之德國郵局,應俟德軍撤屯方能裁撤; 二,山東一帶涉及德人之處,所有華局酌用德文人員; 三,山東鐵路允中國郵政得有任藉此路運送郵袋之權。 總稅務司得牒,均照允,惟酌用德文人員,謂須視有無人才,方能照辦。 會德人收中國商報,電政大臣袁世凱請外務部嚴禁。 既而德允停收商報,並允中國電報局設在山東鐵路車站。 已,復又請由煙臺至上海線及北京至大沽行軍陸線求借用,拒之。 又拒德商禮和洋行私購湖南礦產。
That year China and Germany concluded provisional regulations for the exchange of mail. After the agreement, German Minister Mumm von Schwarzenstein notified the Inspector General of Customs of three points: first, the German post office at Gaomi could not be closed until German troops withdrew; second, Chinese post offices in Shandong dealing with German interests should employ German staff where appropriate; third, the Shandong Railway would allow the Chinese postal service to use the line to carry mailbags. The Inspector General accepted all three points, but on employing German staff replied that this depended on whether suitable candidates could be found. When Germans began intercepting Chinese commercial telegrams, Director of Telegraphs Yuan Shikai asked the Foreign Ministry to forbid the practice strictly. Germany later agreed to stop intercepting commercial telegrams and allowed Chinese telegraph offices at Shandong Railway stations. They later asked to use the Yantai–Shanghai cable and the Beijing–Dagu military land line; China refused. China also refused the German firm Carlowitz & Co.'s private purchase of Hunan mineral rights.
16
又德定濟南、漢口、江寧等處領事兼管各處交涉事宜,照會外務部,略謂「山東省除登州府仍歸煙臺本國領事辦理本國交涉事宜,並膠澳租地歸駐青島德國總督外,其餘所有東省本國交涉事,統歸駐濟南商辦事件委員經理。 其煙臺本國領事官,僅有登州府本國交涉事歸其經理。 又定明漢口本國領事應辦本國交涉事宜,系湖南、陝西、甘肅三省。 湖北除歸宜昌領事辦理各府外,並江西省之袁州府等處,悉歸漢口本國領事經理。 至駐江甯府領事應辦本國交涉事宜,系安徽、江西二省。 除歸漢口領事之袁州府外,又江蘇省之江寧府等處」云云。
Germany also defined consular jurisdictions at Jinan, Hankou, Jiangning, and elsewhere, notifying the Foreign Ministry in substance that in Shandong, except for Dengzhou prefecture, which remained under the Yantai consul, and the Jiaozhou lease, under the German governor at Qingdao, all other German affairs in the province would be handled by the commercial commissioner at Jinan. The German consul at Yantai would handle German affairs only in Dengzhou prefecture. It was further stipulated that the German consul at Hankou would handle German affairs in Hunan, Shaanxi, and Gansu. In Hubei, except for prefectures under the Yichang consul, and Yuanzhou prefecture in Jiangxi and similar districts, all would fall under the Hankou consul. The consul at Jiangning would handle German affairs in Anhui and Jiangxi. Apart from Yuanzhou under the Hankou consul, and Jiangning prefecture in Jiangsu and similar districts," and so on.
17
是年德福親王來京覲見。 德皇子婚禮,命出使德國大臣廕昌往賀,並派學生往柏林留學。 三十二年二月,德人始在津關請領聯單,赴新疆採買土貨。 三月,德使穆默牒中國,請派員往柏林商議無線電會約章,政府約二次開會再行核辦。 閏四月,德交還天津馬隊營盤等處房地,並砲隊、機器槍隊、屠牲場、養病院各房屋。 是月,德在營口改設正領事。 德使穆默回國,署使葛爾士牒中國,復以通商口岸限制洋人置地辦法與條約不符,請除限制,並謂德人地產收回公用,可會商。 六月,德人李卜克在北京設立學堂,德使請中國攤出經費,不許。 三十三年四月,以孫寶琦為出使德國大臣,遞國書。 是月,外務部咨改訂青島租界製成貨物徵稅新章。 初,青島設關徵稅一事,已於與德使海靖議定辦法,嗣於三十一年又與德使穆默修改,其大意即系德國允在海邊劃一地界,作為停泊船隻、起下貨物之定所,凡出口貨在未下船以前,即完出口稅,進口貨除軍用各物暨租地內所用機器並建修物料免稅外,其餘百貨,於起岸後未出新定之界以前,即完進口稅,關員在彼辦理,德國相助無阻。 又由中國允每於結底,將本結所收進口稅提出二成,撥交青島德國官憲應用。 既因續訂章程,德租界內製成貨物徵稅一條,語義未盡,因與德使葛爾士再訂徵稅新章。
That year a German prince came to Beijing for an audience with the throne. For the German crown prince's wedding, Minister to Germany Yinchang was sent to offer congratulations, and students were dispatched to study in Berlin. In the second month of the thirty-second year Germans first applied at the Tianjin customs for transit permits to travel to Xinjiang to buy local products. In the third month German Minister Mumm von Schwarzenstein asked China to send officials to Berlin to negotiate a wireless telegraphy convention; the government agreed to decide after a second conference. In the intercalary fourth month Germany returned to China at Tianjin the cavalry camp and other grounds, together with buildings used by artillery, machine-gun units, the slaughterhouse, and the hospital. That month Germany upgraded its post at Yingkou to a full consulate. After Minister Mumm returned home, Acting Minister Kohler petitioned China again, arguing that restrictions on foreign land purchases at treaty ports violated treaty obligations and asking that they be lifted; he also indicated that German property resumed for public use could be negotiated. In the sixth month, a German named Ribbentrop established a school in Beijing; the German minister asked China to contribute funds, but the request was refused. In the fourth month of the thirty-third year, Sun Baoqi was appointed minister to Germany and presented his credentials. That month the Foreign Ministry issued instructions to revise the regulations on taxation of manufactured goods in the Qingdao concession. Customs and duties at Qingdao had first been arranged with Minister Heyking and revised in the thirty-first year with Minister Mumm. Germany agreed to designate a coastal zone for anchorage and cargo handling: export duties were collected before goods were shipped; import duties, except on military supplies and machinery and building materials for use within the lease, were collected after landing and before goods left the designated zone; Chinese customs officers operated there with German cooperation. China also agreed that at each settlement period, twenty percent of import duties collected would be allocated to the German authorities at Qingdao. Because the provision on taxation of manufactured goods within the German concession remained ambiguous in the revised regulations, new tax rules were negotiated with Acting Minister Kohler.
18
初,中國欲修天津至鎮江鐵路,與德、英借款,已立合同。 至是,直隸、江蘇、山東三省京官請攬歸自修,命張之洞、袁世凱商辦,議改合同,德、英執不允。 乃又增派外務部右侍郎梁敦彥會同張之洞等籌議。 初,津鎮鐵路借款之開議也,德使增索接造支路二道,一由德州至正定,一由兗州至開封,為原議所無,不允。 德使乃始變計:一,允由膠澳至沂州府一段,仍作為津鎮支路,歸入官路; 二,允由濟南府往山東界之一道,包入津鎮官路。 中國亦允由德州至正定府及由兗州府或幹路中之他處過濟寧州至開封府兩支路,於十五年內由中國自行籌辦,並聲明儻用洋款,須向德華公司商借。 至是遂由梁敦彥與德、英銀行等改訂借款合同二十四款,名為中國國家天津浦口鐵路五釐利息借款。 既定議,即由外務部牒德使,聲明膠沂、濟東路線應作為津鎮支路,其由德州至正定、兗州至開封支路,均由中國自造。 已,復與德議訂電政合同,即青、煙、滬水線交接辦法,並購回京沽軍線條款,及山東鐵路附設電線辦法章程共十四款。 是年,德柏林賽衛生民學會及萬國玩耍排列館請中國派員入會,許之。
China had originally planned a railway from Tianjin to Zhenjiang and had already signed a loan contract with Germany and Britain. At this point Beijing officials from Zhili, Jiangsu, and Shandong petitioned to build the line with domestic funds; Zhang Zhidong and Yuan Shikai were ordered to negotiate a revised contract, but Germany and Britain refused. Vice Minister of Foreign Affairs Liang Dunyan was then added to the negotiating team with Zhang Zhidong and others. When the Tianjin–Zhenjiang railway loan was first negotiated, the German minister additionally demanded two branch lines—from Dezhou to Zhengding and from Yanzhou to Kaifeng—which had not been in the original agreement; China refused. The German minister then changed his position: first, he agreed that the section from Jiaozhou to Yizhou would remain a branch of the Tianjin–Zhenjiang line under state control; second, he agreed that the line from Jinan to the Shandong border would be included in the Tianjin–Zhenjiang state railway. China also agreed to build within fifteen years the two branch lines from Dezhou to Zhengding and from Yanzhou or another point on the main line via Jining to Kaifeng, declaring that any foreign loans for the purpose must be negotiated with the Sino-German company. Liang Dunyan then revised the loan contract with the German and British banks into twenty-four articles, titled the Chinese Imperial Tianjin–Pukou Railway Five Percent Loan. Once agreement was reached, the Foreign Ministry notified the German minister that the Jiaozhou–Yizhou and Jinan–eastern Shandong lines would be treated as branches of the Tianjin–Zhenjiang railway, while the Dezhou–Zhengding and Yanzhou–Kaifeng branches would be built by China. A telegraph agreement was then negotiated with Germany in fourteen articles, covering the connection of the Qingdao, Yantai, and Shanghai cable lines, repurchase of the Beijing–Taku military line, and regulations for telegraph wires along the Shandong railway. That year the Berlin Hygiene Exhibition and the International Amusement Exposition invited China to send delegates; the request was granted.
19
三年,山東巡撫孫寶琦與德訂收回各路礦權合同。 初,德商礦務公司照約在坊子、馬莊開礦,屢禁華人在附近開礦,爭執有年。 迨津浦借款合同簽定,又要索膠沂、津浦路內礦權,並請封禁大汶口華礦,政府不許。 於是德使照會始有劃清礦權之語。 孫寶琦即派道員蕭應椿等與德公司總辦畢象賢、領事貝斯商議收回,而畢象賢等則以中國欲收回三路礦權,須以相當之利益互換,否則不允。 初議淄、博礦界,公司第一次繪送礦界圖,系淄川全境,並毗連博山,蕭應椿等以淄、博窮黎向以採煤為衣食,若兩境全為公司所有,勢必至華民無以為生,因議博境全留,淄境各半,以天臺、昆侖兩山為界,山北歸公司,山南歸華人,公司未允。 蕭應椿因親赴淄川會畢象賢查勘,並邀集紳董礦商,旋議定淄川東南境由大奎山起斜經龍口鎮西北至淄川東境為界,界南礦產歸華商辦理,博山亦全讓還,次議淄川華礦,次議濰縣礦界,次議金嶺鎮鐵礦,次議償給勘礦購地費。 自是公司已成之膠濟鐵路,未成之津浦鐵路,甫勘之膠沂路,及曹州教案條約許與公司之三十里礦權,均允取消。
In the third year, Shandong Governor Sun Baoqi concluded with Germany a contract for the recovery of mining rights along the various railway lines. The German mining company had operated mines at Fangzi and Mazhuang under treaty and repeatedly barred Chinese from mining nearby, leading to years of dispute. After the Tianjin–Pukou loan was signed, they again demanded mining rights along the Jiaozhou–Yizhou and Tianjin–Pukou lines and asked that Chinese mines at Dawenkou be shut down; the government refused. Only then did the German minister's note propose demarcating mining rights. Sun Baoqi dispatched Intendant Xiao Yingchun and others to negotiate recovery with the company's director Bi Xiangxian and Consul Best, but they insisted that recovery of mining rights on the three lines required equivalent compensation in return. Talks first addressed the Zibo and Boshan boundaries; the company's initial map claimed all of Zichuan and adjoining Boshan. Xiao Yingchun argued that local people had long depended on coal mining for their livelihood and that ceding both districts would leave Chinese without means of support; he proposed retaining all of Boshan and half of Zichuan, with Tiantai and Kunlun mountains as the boundary—north to the company, south to Chinese—but the company refused. Xiao Yingchun traveled to Zichuan to survey the area with Bi Xiangxian and convened local gentry and miners; they agreed on a boundary in southeast Zichuan from Dakuishan northwest via Longkou to the eastern border, with minerals south of the line reserved for Chinese operators; Boshan was fully restored; negotiations then proceeded on Chinese mines in Zichuan, Weixian boundaries, the Jinlingzhen iron mine, and compensation for survey and land costs. The company then agreed to relinquish mining rights along the completed Jiaoji Railway, the uncompleted Tianjin–Pukou Railway, the newly surveyed Jiaozhou–Yizhou line, and the thirty-li zones granted under the Caozhou missionary treaty.