"Even if Japan, as the heir of Russia's assets and liabilities in Manchuria, had been justified in her protest by the Convention of 1902 and by the Russo-British Note of 1899, she had not fulfilled her part of the bargain, namely, the Russian undertaking in the Note to abstain from seeking concession, rights and privileges in the valley of the Yangtze. Her reliance on the secret treaty carried weight with Great Britain, but with no one else, as may be gauged from the records of the State Department at Washington. A later claim advanced by Japan that her action was justified by Article VI of the Treaty of Portsmouth, which assigned to Japan all Russian rights in the Chinese Eastern Railway (South Manchurian Railway) 'with all rights and properties appertaining thereto,' was effectively answered by China's citation of Articles III and IV of the same Treaty. Under the first of these articles it is declared that 'Russia has no territorial advantages or preferential or exclusive concessions in Manchuria in impairment of Chinese sovereignty or inconsistent with the principle of equal opportunity'; whilst the second is a reciprocal engagement by Russia and Japan 'not to obstruct any general measures common to all countries which China may take for the development of the commerce and industry of Manchuria.'
"It would be interesting to know whether a refusal to allow China to build a railway on her own territory is or is not an impairment of Chinese sovereignty and whether such a railway as that proposed was not a measure for the 'development of the commerce and industry of Manchuria.'
"It is doubtful if even the Russo-Japanese war created as much feeling in China as did the Fa-ku-men incident. Japan's action was of such flagrant
