that it was a cession of sovereign rights and constituted an international servitude in favor of Germany over the territory affected by it.  But in this particular case the indefensible duress employed by the German Government to compel China to enter into the treaty introduces another factor into the problem and excepts it from any general rule that treaties of that nature are merely suspended and not abrogated by war between the parties.  It would seem as if no valid argument could be made in favor of suspension because the effect of the rule would be to revive and perpetuate an inequitable and unjustifiable act.  Morally and legally the Chinese Government was right in denouncing the treaty and agreements with Germany and in treating the territorial rights acquired by coercion as extinguished.

It would appear, therefore, that, as the Japanese Government recognized that the rights in the Province of Shantung had not passed to Japan by the forcible occupation of Kiao-Chau and the German concessions, those rights ceased to exist when China declared war against Germany, and that China was, therefore, entitled to resume full sovereignty over the area where such rights previously existed.

It is true that subsequently, on September 24, 1918, the Chinese and Japanese Governments by exchange of notes at Tokio entered into agreements affecting the Japanese occupation of the Kiao-Chau Tsinan Railway and the adjoining territory, but the governmental situation at Peking was too precarious to refuse any demands made by the Japanese Government.  In fact the action of the Japanese Government was very similar to that of the German Government in 1898.  An examination of these notes discloses the fact that the Japanese were in possession of the denounced German rights, but nothing in the notes indicates that they were there as a matter of legal right, or that the Chinese Government conceded their right of occupation.

This was the state of affairs when the Peace Conference assembled at Paris.  Germany had by force compelled China in 1898 to cede to her certain rights in the Province of Shantung.  Japan had seized these rights by force in 1914 and had by threats forced China in 1915 to agree to accept her disposition of them when they were legally transferred by treaty at the end of the war.  China in 1917 had, on entering the war against Germany, denounced all treaties and agreements with Germany, so that the ceded rights no longer existed and could not legally be transferred by Germany to Japan by the Treaty of Peace, since the title was in China.  In fact any transfer or disposition of the rights in Shantung formerly belonging to Germany was a transfer or disposition of rights belonging wholly to China and would deprive that country of a portion of its full sovereignty over the territory affected.