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3 2044 103 158 390

5/^

r

n

^•^'T TREATIES AND CONVENTIONS ^

A .

WITH OR «)NCERNINQ

CHINA AND KOREA,

1B94:-I904r,

TOGETHER WITH

VARIOUS STATE PAPERS AND DOCUMENTS AFFECTING FOREIGN INTERESTS.

EDITED BY

WILUAH WOODVILLE JOOEHILL,

Former As^gtant Secretary of SUUe of the Inited States f and ( 'omniitwUmer of the United States to China, 1900-1901.

V

WASHINGTON:

GOVERNMENT PRINTING OFFICE. 1904.

r>)DEC 3 0 1937

INTRODUCTORY NOTE.

The present compilation is primarily intended as a continuation of Sir Edward Hertslet's "Treaties, etc., between Great Britain and China; and between China and Foreign Powers," which was published in London in 1896 (2 vols., 8^).

In view of the great importance of the industrial and commercial concessions made within the last ten yeai*s by China, not only to various Powers, but to divers foreign or mixed companies or corpora- tions, and individuals, it has been thought advisable to include in the present volume the text of the most important of these documents, arranged in chronological order.

Part II of the work contains (1) the treaties, conventions, agree- ments, etc., made with or concerning Korea, and (2) the concessions or contracts for the building of railways, development of mines, etc., in the same country during the period covered in the first part of the work.

The sketch maps showing the boundaries of the territory leased by France at Kuang-chou Wan and that leased by Great Britain at Kow- loon, are oflScial; but it has been impossible to obtain the oflScial Russian map giving the boundaries of the territory leased in the Liao- tung Peninsula from China in 1898, and of the Neutral Zone north of the same. The map given is a reproduction from the large map of North Eastern China, prepared by Mr. C. H. Waeber, formerly Rus- sian minister to Korea, and is probably correct.

The map giving the boundaries of the territory leased b}' Germany at and around Kiao-chou, and by Great Britain at Wei-hai Wei, are also taken from Waeber's map. The oflScial map of Wei-hai Wei, published in 1899 by the Intelligence Bureau of the British War Oflice, does not show the boundary of the territory leased, and those acces- sible, published by the German Government, do not show the boundary of the 50-kilometer zone around the Bay of Kiao-chou.

The general direction of the lines of railroad in construction, or for which concessions have been granted, may be seen by those interested in the subject on the "Commercial Map of China and Its Dependen- cies, showing the Areas Owned oi Leased by Foreign Powers," issued in London in 1904 by the China League. For the northern railroads and their connections, the reader may consult also Stanford's ''Map of the Siberian Railway," issued in London in 1904.

In translated documents the transcription of Chinese words has been altered to comply, in a general way, with the method in use in English.

The only public documents of any importance which have been omitted from the present compilation, exclusive of Postal Conven-

n INTRODUCTOBY NOTE.

tions, as not relating to questions of such general interest as would justify their inclusion in the present volume, are the following:

(1) Convention between the Imperial Chinese Telegraph Adminis- tration; the Great Northern Telegi'aph Company, of Copenhagen; and Eastern Extension, Australasia and Chinese Telegraph Company. Signed at Shanghai, J uly 11, 1896. {British amd Foreign Stdte Papera^ LXXXVIII, 573.)

(2) Land Regulations of the British Concession, Hankow, 1874,

1893. Amendment approved, March 17, 1896. {British and Foreign State Papers, LXXXVIII, 203.)

(3) Additional Land Regulations for the General Foreign Settle- ment at Shanghai, June 3, 1899. (See United States Consul- Oeneral^ Shanghai, to Dept, of State, No. 204, of June 21, 1899.)

(4) British Order in Council, providing for the government of the territories adjacent to Hongkong leased under the Convention of June 9, 1898. Balmoral, October 20, 1898. {British and Foreign State Papers, CXI, 1037.)

(5) Regulations for the Foreign Settlements at Chinnampo and Mokpo. Seoul, October 16, 1897. {British and Foreign State Papers, CXI, 1177; and Foreign Relations of United States, 1898, 478.)

(6) Regulations for the Foreign Settlements at Kunsan, Masampo, and Songchin, Korea. Seoul, June 2, 1899. {British and Foreign State Papers, CXI, 1190.)

(7) Land Regulations of the British Concession, Chinkiang. 1872-

1894. {British and Foreign State Papers, LXXXVI, 153.)

(8) Land Regulations of the British Municipal Extension, Tientsin, 1898. Approved by the Secretary of State, March 31, 1899. {British and Foreign State Papers. XC. 1004-1021.)

(9) Land Regulations and By-Laws of the Settlement of Kulangsu, Amoy. Signed January 10, 1902. Approved by the foreign repre- sentatives at Peking and by the Chinese Government. (See U S. Conml, Arnoy, to Dept. of State, No. 8, Feb. 4, 1902.)

Since the publication of Sir Edward Hertslet's collection, two works, in the nature of documentary histories of China's recent relations with foreign powers have been published, and may be consulted with profit, although some of the translations in the first work appear faulty:

William Frederic Mayers — Treaties between the Empire of China and Foreign Powers, together with Regulations for the conduct of foreign trade, conventions, agreements, regulations, etc., etc., etc. The Peace Protocol of 1901 and the Commercial Treaty of 1902. First edition, 1877, edited by William Frederick Mayers. Fourth and further enlarged edition issued by publishers, 1902. Shanghai, 1902. 1 vol. 8°.

Henry Cordier. Histoire des Relations de la Chine avec les Puis- sances Occidentales, 1860-1902. Paris, 1901-1902. 3 vols. 8^.

TABLE OF CONTENTS.

China I. — TreatieSy Conventions, AgreementSf Protocols.

No. Country.

Date.

Subject.

Page.

Great Bxitaiu.

Japan .. France .

4 Japan .

5 Great Britain- France.

Japan

Great Britain.

Germany . Russia

.do.

11 France

12 { Great Britain...

.do.

Great Britain- Germany.

Germany and other powers.

Great Britain- Japan.

Russia

Great Britain.. Japan

United States...

London, Mar. 1, 1894 . .

Shimonoseki, Apr.

17,1896. Peking, June 20, 1895.

Peking, Nov. 8, 1896.. London, Jan. 16, 1896 .

Peking, July 21, 1896.. Peking, Feb. 4, 1897...

Peking, Mar. 6, 1898 .. Peking, Mar. 27, 1896.

St. Petersburg, May 7,1898.

Peking, May 27, 1898.. Peking, June 9,1898..

Peking, July 1,1898... London, Oct. 16,1900. Peking, Sept. 7, 1901.. London, Jan. 30, 1902. Mar. 26.

Shanghai, Sept. 5, 1902 Shanghai, Oct. 8. 1908.

Shanghai, Oct. 8, 190S.

Ck>nvention between Great Britain and China giving eflfect to Article 111 of the Convention of the 24th July, 1886, relative to Burmah and Thibet.

Treaty of Peace between China and Japan

Additional Convention to the Supplementary Commercial Convention of June 26, 1887, be- tween France and China.

Convention between Japan and China for the Retrocession by Japan to China of the southern portion of the Province of Feng Tien.

Declaration between Great Britain and France, with regard to the Kingdom of Slam and other matters (Advantages in YQnnan and Szechuen; Territories to the West of the Lower Niger; Commercial Arrangements In Tunis.)

Treaty of Commerce and Navigation between Japan and China.

Agreement between Great Britain and China, modifying the Convention of March 1, 1894, relative to Burmah and Thibet.

Convention between the German Empire and China respecting the lea.se of Kiaochou.

Convention between Russia nnd China for lease to Russia of Port Arthur, Talienwan and the adiacent waters.

Additional agreement defining boundaries of leased and neutralized territory in Llao-tung Peninsula.

Convention concerning Kuang-Chou Wan

Convention between the United Kingdom and China respecting an Extension of Hong Kong Territory.

Convention between Great Britain and China for the lease of Wei-hai Wei.

Agreement between Great Britain and Ger- many defining their mutual policy in China.

Negotiations for settlement of the olsturbances of 1900.

Agreement between the United Kingdom and Japan relative to China and Korea.

Agreement between Russia and China with re- gard to Manchuria.

Treaty between Great Britain and China

Supplementary Treaty of Commerce and Naviga- tion between Japan and China.

Treaty between the United States and China for the Extension of the Commercial Relations be- tween them.

14 21

26

28

80 40

46 50

53

66

62 63 97

99

102 1^

136

China II. — Declarations, Arrangements.

?1	France	Peking, Mar. 16, 1897. Peking, Feb. 11, 1898.. Peking. Feb. 13, 1898.. Peking, Apr. 10, 1898.. Apr.19,1898	Declaration concerning the non-alienation of the Island of Hainan. Declaration concerning the non-allenatlon of the Yang-Tsze Region. Declaration by China that Inspector-General of Maritime Customs shall be a British subject while British trade preponderates. Declaration concerning non-allenatlon of Chi- nese territory bordering on Tong-king. Declaration by Great Britain respecting Wei-hai Wei.	173
22 '>3	Great Britain... do	174 176
74	France	178
25	Great Britain...	180

IV

TABLE OF CONTENTS. China II. — DeclaratimiSj Arrangementg — Continued.

No.	Country.	Date.	Subject	Page.
?6	Japan	Apr.26,1898	Declaration concerning the non-alienation of the Province of Fu-kien. Identic notes exchanged between the United Kingdom and Russia with regard to their re- spective raUway interests in China. Declarations made to the United States by France, Germany, Great Britain, Italy, Japan, and Russia, accepting the oommeicial policy of the "open door." Arrangement between Tseng Chi, Tailar Gen- eral of Mukden, and Admiral Alexeiefl. com- mander in Chief of Kuan-tung Peninsula and of the Russian Naval and Military forces in the Pacific. The Franco-Russian Declaration concerning policy in China and Korea.	181
27 28 ?9	Great Britain- Ruasla. United States... Russia	St. Petersburg, Apr. 28, 1899. Sept. «, 1899, to Feb. 19,1900. Port Arthur, Jan. 80, 1901. St. Petersburg, Mar.	183 185 201
30	France-Russia..	208

China III. — Mining and Railtuay ConcesaionSy etc., and Miscellaneous Documents,

85

61

63 64

Russia. do.

....do... Belgium.

China ...

i France ..

United States.

France

Great Britain.,

....do. Russia.

Great Britain.

do

China

Great Britain. ....do

China .

do

Great Britain- United States.

China

Great Britain- Germany.

Germany

Russia

China

Great Britain..

China

,...do

Belgium

France .

....do....

China

....do.... ....do.... ....do....

Dec. 10, 1895

Sept. 8, ^^^

Dec. j^ 1896

May27,' 1897; July 21,

Apr. 2, 1898

Apr. 9.1898

Apr. 14, 1898;

13,1900. May 2, 1898....

July

May 13, 1S9»; July 9, 1903.

Mav21,1898

189a-1903

June 7, 1898.. June 21, 1898 . Aug., 1898.... Oct. 10, 1898 . . ...do

Oct. 26, 1898 .

Nov. 19, 1898. Feb. 1,1899..

Apr. 14, 1899.

May 24, 1899.

Junel, 1899. July 30, 1899..

.....do

Dec. 20. 1900. Apr., 1902.... Dec.. 1903.... (?)1904

Oct., 1901

1903

June 12, 1891 . Aug. 18. 1895 . Jan. 17, 1898.. Mar. 15, 1899..

Charter of the RuBBO-Chiiiese Bank

Agreement between Chinese Government and the Ruaso-Chinese Bank for the Eastern Rail- way. Statutes of the Chinese Eastern Rail way Company Peking-Hankow Railway contracts

Imperial edict establishing bureau of control of railways and mines.

Exchange of notes conceding right to build rail- way from Tongking to Yunnan. Leasing Kwang-chow-wan. French on Chinese post- office stafT.

Canton-Hankow Railroad contracts

Concession for railway from Pakhoi to the West

River. Shanghai-Nanking Railroad

Peking Syndicate agreement

I*reliminary agreement and contracts concern- ing theCheng-ting-Tai Yuan (Cheng-Tai) Rail- way.

Peking-Ncwchang Railway loan

Regulations for mining in Honan

Yangtsze navigation regulations

Concession of Nan P'iao coal mines

Shanhaikuan-Newchwang Railway loan agree- ment.

Regulations for foreign loans for mining and railway purposes.

R^^ilations for mines and railways

Agreement between the British and Chinese Cor- poration (Limited) and American-China De- velopment Company.

Regulations for the working of mines in SsCk- cn'uau.

Tientsin-Chinkiang Railroad agreement

Concession for Tsing-tao-Tsinan Fu Railway

Imperial order concerning Dalny

Additional regulations for mines and mining . . .

Chinese Engineering and Mining Company

Rules and refi^ulations for mining

Revised regulations for railwav construction

Kaifeng Fu to Honan Fu Railway loan agree- ment.

Memorandum on French Railway and mining concessions.

Mining concessions in Fukien Province

Decree for prevention of anti-Christian riots

Repeal of anti-Christian clauses in Chin&se code.

Decree for prevention of anti-Christian riots

Memorial on oflBcial intercourse with Roman Catholic missionaries.

207 212

216 225

249

250

280 281

305 309

817 320 324 328 332

340 345

348 355

370 372 375

402

407 416 418 422 424

TABLE OP CONTENTS.

Part II. Korea I. — Treaties; Protocols; Memoranda.

No.	Countiy. Date.	Subject.	Page.
65	Japan Aug. 26, 1894	Treaty of alliance	429
fi6	Japan-Russia . . . May 14, 1896	Memorandum concerning Japanese and Russian interests in Korea. Arrangement relative to affairs in Korea Agreement concerning independence of Korea and mutual rights. Treaty between China and Korea	430
A7	do June 9, 1896	432
68	do Apr. 25,1898	483
69	China Sept. 11,1899	434
70	Japan Feo. 28,1904	Protocol between Japan and Korea	441

Korea II. — Contracts; Concessions, etc.

71 72

78 74 75

United States.. Great Britain- United States..

Japan

Russia

July 2, 1896... Sept. 27, 1898.

Mar. 29, 1898 . Sept. 8, 1898.. Mar. 29, 1899 .

Decree concerning development of mines

Contract with Bum-Murdock and J. A. Hay re- garding mines.

Seoul-Chemulpo Railway concession

Seoul-Fusan Railway agreement

Concession of whaling privileges

445 447

450 454 457

76 77

China, theCongo

Free State. China-Mexico..

July 10, 1896. Dec. 14,1899.

Treaty conferring mutual most-favored-nation

treatment. Treaty of amity and commerce ,

467 468

MAPS.

( 1 ) Territory leased at Wei-hai Wei and Kiao-chou by Great Britain and Germany.

(2) Territory leased by Russia in the Liao-tung Peninsula, including Neutral Zone.

(3) Kuang-chou Wan and adjacent territory.

(4) Extension of Hong Kong territory around Kowloon.

(5) Boundaries of the legation quarter at Peking.

2793&-04 1 ^

Part I.

CHI]N^^.

I. TKEATIES, CONVENTIONS, AGREEMENTS, PROTOCOLS.

ABBAKGED CHROXOLiOGICALIiY.

No. !•

GREAT BBITAIN.

CONVENTION BETWEEN GREAT BRITAIN AND CHINA, GIVING EFFECT TO ARTICLE III OF THE CONVENTION OF THE 24TH JULY, 1886, RELATIVE TO BURMAH AND THIBET. «

Signed at London, March 1, 18W.&

Ratifications Exchanged at London, August 23, 1894.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of China, being sincerely desirous of consolidating the relations of friendship and good neighborhood which happily exist between the two Empires, have resolved to conclude a Convention with the view of giving elBfect to Article III of the Convention relative to Burmah and Thibet, signed at Peking on the 24th July, 1886, and have appointed as their Pleni- potentiaries for this purpose, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Right Honourable the Earl of Rose- bery, Knight of the Most Noble Order of the Garter, Her Britannic Majesty's Principal Secretary of State for Foreign AlBfairs;

And His Majesty the Emperor of China, Sieh Ta-JSn, Envoy Ex- traordinary and Minister Plenipotentiary of China at the Court of St. James', and Vice-President of the Imperial Board of Censors;

Who, having mutually communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following Articles: —

Art. I. It is agreed that the frontier between the two Empires,

Delimitation of ^^^ latitude 25° 35' north, shall run as follows: frontier, first sec- Commencing at the high conical peak situated ^^^' approximately in that latitude and in longitude 98° 14'

east of Greenwich and 18° 16' west of Peking, the line will follow, as far as possible, the crest of the hills running in a south-westerly direc- tion through Kaolang Pum and the Warong Peak, and thence run nearly midway between the villages of Wanchon and Kaolang — leaving the former to Burmah and the latter to China — on to Sabu Pum.

a British and Foreign State Papersy Vol. LXXXVII, 1894-1895; pp. 1311-1319. &Thi8 convention was amended by the agreement of February 4, 1897. See infra, p. 40,

5

6 TEBATIE8 AND CONVENTIONS WITH CHINA AND KOREA.

From Sabu Pum the frontier will run in a line slightly to the south of west through Shatrung Pum to Namienku Pum; thence it will be continued, still running in a south-westerly direction along the crest of the hills, until it strikes the Tazar Kha River, the course of which it will follow from its source to its confluence with the Nam Tabet or Tabak Kha, thus leaving Uka to the east and Laipong to the west.

From the confluence of the Tazar Kha River with the Tabak Kha, the frontier will ascend the latter river to its junction with the Lekra Kha, which it will follow to its source near Nkrang. From the source of the Lekra Kha, leaving Nkrang, Kukum, and Singra to the west, and Sima and Mali to the east, the line will follow the Lesa Kha from its western source to its junction with the Mali River, and thence will ascend the Mali to its source near Hpunra Shikong: thence it will run in a south-westerly direction along the Laisa Kha from its source down to the point where it falls into the Mol^ River near Kadon, leaving the village of Kadon to the west and that of Laisa to the east.

The line will then follow the course of the Mol^ in a southeasterly direction to the place where it receives the Che Yang Kha, which latter river it will follow to its source in the Alau Pum. It will then be directed along the Nampaung River from its western source down to where it enters the Taping River.

This concludes the description of the first section of the frontier.

II: The second section of the frontier, or that portion of it which extends from the Taping River to the neighbourhood frontier, seeond of Meung Mao, will run as follows: ••^®*- Starting from the junction of the Khalong Kha

with the Taping River, the frontier will follow the Khalong Kha and its western branch to its source; it will be drawn thence southward to meet the Sipaho or Lower Nanthabet at a spot inunediately to the south-west of Hanton, leaving Matin to Great Britain, and Loilong-ga- tong, Tieh-pi-Kwan, and Hanton to China; thence it will ascend the branch of the last-named river which has its source nearest to that of the Mantein Kha. It will thence follow the crests of the line of hills running in a south-easterly direction to the more southerly of the two places named Ifadaw, which is close to the Namwan River, leaving Kadaw to China and Palen to Great Britain. It will follow the Namwan River in a south-westerly direction down to the point in about latitude 23° 55', where that river takes a south-easterly course. Thence it will run in a direction somewhat west of south to the Nammak River, leaving Namkhai to Great Britain. It will follow the Nammak River to the point where it bifurcates in about latitude 23° 47', and will then ascend the southern branch till it reaches the crest of a high i-ange of hills to the south of Mawsiu, in about latitude 23° 45'. It will follow the crest of this range (which runs slightly to the north of east) until it reaches the Shweli River at its junction with

TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 7

the Nammak, thus leaving to China the district of Mawsiu, the spot recently identified as Tien-ma-Kwan, and the villages of Hinglon and Kongmow, lying to the north of the above-mentioned range.

It will then follow the course of the Shweli River, and where the river bifurcates, it will follow the more southerly of the two branches, leaving to China the island formed by them, until it reaches a point near the eastern end of the loop which the river forms opposite to Meung Mao, as indicated in the next Article of the Convention.

The Government of China consent that the most direct of the roads

One roftdt ba- between Bhamo and Namkhan, where it passes through tweenBurmftiiand the small portion of Chinese territory south of Nam- ^^^"^ wan, shall, while remaining entirely open to Chinese

subjects and to the tribesmen subject to China, be free and oj>en to Great Britain for travellers, commerce, and administrative pur- poses, without any restrictions whatever. Her Britannic Majesty's Government shall have the right, after conununication with the Chinese authorities, to execute any works which may be desirable for the improvement or repair of the road, and to take any measures which may be required for the protection of the traffic and the pre- vention of smuggling.

It is equally agreed that British troops shall be allowed to pass freely along this road. But no body of troops more than 200 in num- ber shall be despatched across it without the consent of the Chinese authorities, and previous notice in writing shall be given of every armed party of more than twenty men.

in. The third section of the frontier will run as follows:

BeUmitatioii of ^^ ^^'^ commence from a point on the Shweli River, frontier, third mo- near to the east end of the loop formed by that river ^^^' opposite to Meung Mao; thence paying due regard to

the natural features and the local conditions of the country, it will trend in a south-easterly direction towards Ma-li-pa until it reaches, at a point in about longitude 98° T east of Greenwich (18° 23' west of Peking), and latitude 23° 52', a conspicuous mountain range. It will follow the crests of that range through Loiaipong and Loipanglom until it reaches the Salween River, in about latitude 23° 41'.

This portion of the frontier from the Shweli to the Salween River shall be settled by the Boundary Commission provided for in Article VI of the present Convention, and in such manner as to give to China at least as much territory as would be included if the frontier were drawn in a straight line from Meung Mao towards Ma-li-pa.

If it should be found that the most suitable frontier will give to China a larger amount of territory than is stated above, the compen- sation to be given to Great Britain on some other part of the frontier shall be matter for subsequent arrangement.

From latitude 23° 41' the frontier will follow the Salween until it reaches the northern boundary of the circle of Kunlong. It will

8 TEEATIE8 AND CONVENTIONS WITH CHINA AND KOREA.

follow that boundary in an easterly direction, leaving the whole circle of Kunlong, and the ferry of that name to Great Britain, and leaving to China the State of Kokang.

It will then follow the course of the river forming the boundary between Somu, which belongs to Great Britain, and Meng Ting, which belongs to China. It will still continue to follow the frontier between those two districts, which is locally well known, to. where it leaves the aforesaid river and ascends the hills; and will then follow the line of water-parting between the tributaries of the Salween and the Meikohg Rivers, from about longitude 99^ east of Greenwich (17° 30' west of Peking), and latitude 23° 20', to a point about longitude 99° 40' east of Greenwich (16° 50' west of Peking), and latitude 23°, leav- ing to China the Tsawbwaships of KSng Ma, Mengtung, and Mengko.

At the last-named point of longitude and latitude the line strikes a very lofty mountain range, called Kong-Ming-Shan, which it will follow in a southerly direction to about longitude 99° 30' east of Greenwich (17° west of Peking), and latitude 22° 30', leaving to China the district of Chen-pien T'ing. Then, descending the western slope of the hills to the Namka River, it will follow the course of that river for about 10' of latitude, leaving Munglem to China, and Manglun to Great Britain.

It will then follow the boundary between Munglem and Kyaing Tong, which is locally well-known, diverging from the Namka River a little to the north of latitude 22°, in a direction somewhat south of east, and generally following the crest of the hills till it strikes the Namlam River in about latitude 21° 45', and longitude 100° east of Greenwich (16° 30' west of Peking).

It will then follow the boundaiy between Kyaing Tong and Kiang Hung which is generally formed by the Namlam River, with the exception of a small strip of territory belonging to Kiang Hung, which lies to the west of that riv^er just south of the last named parallel of latitude. On reaching the boundary of Kyaing Chaing, in about latitude 21° 27', and longitude 100° 12' east of Greenwich (16° 18' west of Peking), it will follow the boundary between that district and Kiang Hung until it reaches the Meikong River.

IV. It is agreed that the settlement and delimitation of that portion

^ ^ ##- of the frontier which lies to the north of latitude Portion of fton- , i ,, , i i. - i

tier to be settled 25° 35' north shall be reserved for a future under-

uiterioriy. standing between the High Contracting Parties, when

the features and conditions of the country are more accurately known.

V. In addition to the territorial concessions in Northern Theinni,

and the cession to China of the State of Kokang, which

Territorial con- result from the frontier as above described. Her oeuions to China. .-.,. .i . -i ,

Britannic Majesty, m consideration of the abandon- ment of the claims advanced by China to the territory lying outside

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 9

and abutting on the frontier of the Prefecture of Yung Chang and Sub-Prefecture of Teng Yueh, agrees to renounce in favour of His Majesty the Emperor of China, and of his heirs and successors for ever, all the suzerain rights in and over the States of Munglem and Kiang Hung formerly possessed by the Kings of Ava concurrently with the Emperors of China. These and all other rights in the said States, with the titles, prerogatives and privileges thereto pertaining. Her Majesty the Queen Empress renounces as aforesaid, with the sole proviso that His Majesty the Emperor of China shall not, without previously coming to an agreement with Her Britannic Majesty, cede either Munglem or Kiang Hung, or any portion thereof, to any other nation.

VI, It is agreed that, in order to avoid any local contention, the alignments of the frontier described in the present fron^"^ ^^ ^ Convention, and shown on the maps annexed thereto, shall be verified and demarcated, and, in case of its being found defective at any point, rectified by a Joint Commission appointed by the High Contracting Parties; and that the said Commission shall meet, at a place hereafter to be determined on by the two Govern- ments, not later than twelve months after the exchange of the ratifica- tions of the present Convention; and shall terminate its labours in not more than three years from the date of its first meeting.

It is understood that any alteration^ in the alignment which the Joint Commission may find it necessary to make shall be based on the principle of equivalent compensations, having regard not only to the extent, but also to the value, of the territory involved. Further, that should the members of the Commission be unable to agree on any point, the matter of disagreement shall at once be referred to their respective Governments.

The Commission shall also endeavour to ascertain the situation of the former frontier-post of China named Kanlung Kwan. If this place can be identified, and is found to be situated in British Territory, the British Government will consider whether it can, without inconven- ience, be ceded to China.

If it shall be found to the south-east of Meung Mao so hs to be on the northern side of the straight line drawn from that place towards Ma-li-pa, it will in that case already belong to China.

Vn. It is agreed that any posts belonging to either country which

Occupation foi- ^^^ ^® stationed within the territory of the other lowing demaroa- when the Commission of Delimitation shall have **•"*• brought its labours to a conclusion shall, within

eight months from the date of such conclusion, be withdrawn, and their places occupied by the troops of the other, mutual notice having in the meantime been given of the precise date at which the withdrawal and occupation will take place. From the date of such occupation the

10 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA,

High ContractiQg Parties shall each within its own territories hold itself responsible for the maintenance of good order, and for the tranquillity of the tribes inhabiting them. The High Contracting Parties further engage neither to construct nor to maintain within 10 English miles from the near- * * ^' est point of the common frontier, measured in a straight line and horizontal projection, any fortifications or permanent camps, beyond such posts as are necessary for preserving peace and good order in the frontier districts. Vni. Subject to the conditions mentioned hereafter in Articles X _ trad be- ^^^ ^^' *^® British Government, wishing to encour- tween China and age and develop the land trade of China with Burmah Burma]i. ^ much as possible, consent, for a period of six years

from the ratification of the present Convention, to allow Chinese pro- duce and manufactures, with the exception of salt, to enter Burmah by land duty free, and to allow British manufactures and Burmese produce, with the exception of rice, to be exported to China by land free of duty.

The duties on salt and rice so imported and exported 1 *tto*dnti^*'^*" ^^*^' ^^^ ^ higher than those imposed on their import or export by sea.

IX. Pending the negotiation of a more complete arrangement, and

until the development of the trade shall justify the * ^^ ' establishment of other frontier Customs stations, goods imported from ^urmah into China or exported from China into Bur- mah shall be permitted to cross the frontier byManwyne and by Sansi. With a view to the development of trade between China and Bur- mah, the Chinese Government consent that for six * years from the ratification of the present Convention

the duties levied on goods imported into China by these routes shall be those specified in the General Tariff of the Maritime Customs diminished by three-tenths, and that the duties on goods exported from China by the same route shall be those specified in the same Tariff diminisiied by four-tenths.

Transit passes for imports and exports shall be t pastes. gYs,nteid in accordance with the rules in force at the Treaty ports.

Smuggling or the carrying of merchandize through Chinese terri- tory by other routes than those sanctioned by the Bmngg ing. present Convention, shall, if the Chinese authorities think fit, be punished by the confiscation of the merchandize concerned.

X. The following articles, being munitions of war, shall neither be

exported from Burmah into China, nor imported from

^^ in^m'ini- China into Burmah, save at the requisition of the

Government desiring their importation; neither shall

TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 11

they be sold to parties other than those who have been duly authorized by their respective Governments to purchase them:

Oumon, shot and shell, cartridges and ammunition of all kinds, fire- arms and weapons of war of every description. Saltpetre, sulphur, brimstone, gunpowder, dynamite, gun-cotton, or other explosives.

XI. The exportation from Burmah into China of salt ia prohibited.

The exportation from China into Burmah of cash,

•n e. ^^ pulse and grains of every kind is prohibited.

The importation and exportation across the frontier of opium and

spirituous liquors is prohibited, excepting in small quantities for the

personal use of travellers. The amount to be permitted will be settled

under Customs regulations.

Infractions of the conditions set forth in this and the preceding Article will be punishable by confiscation of all the goods concerned.

XII. The British Government, wishing to promote frontier trade

between the two countries by encouraging mining of n^wr***™*'*^ ®^^®^™^ ^° Yunnan and in the new territorial acqui- sitions of China referred to in the present Convention, consent to allow Chinese vessels carrying merchandize, ores, and minerals of all kinds, and coming from or destined for China, freely to navigate the Irrawaddy on the same conditions as to dues and other matters as British vessels. Xin. It is agreed that His Majesty the Emperor of China may appoint a Consul in Burmah, to reside at Rangoon; and that Her Britannic Majesty may appoint a Consul to reside at Manwyne; and that the Consuls of the two Governments shall each within the territories of the other enjoy the same privileges and immunities as the Consuls of the most favoured nation.

Further, that, in proportion as the commerce between Burmah and China increases, additional Consuls may be appointed by mutual agree- ment, to reside at such places in Burmah and Yunnan as the require- ments of the trade may seem to demand.

The correspondence between the British and Chinese Consuls respectively, and the chief authority at the place where they reside, shall be conducted on terms of perfect equality. XIY. Passports, written in Chinese and English, and identical in terms .to those issued to foreigners at the Treaty ports ***^ ' in China, shall, on the application of the proper Brit-

ish authorities, be issued to British merchants and others wishing to proceed to China from Burmah, by the Chinese Consul at Ran- goon or by the Chinese authorities on the frontier; and Chinese sub- jects wishing to proceed to Burmah from China shall, on the application of any recognized Chinese official, be entitled to receive similar pass- ports from Her Britannic Majesty's Consul at Manwyne or other convenient places in China where there may be a British Consular officer.

12 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

XV. Should criminals, subjects of either country, take refuge in

the territory of the other, they shall, on due requisition ^^u^^^ ®' being made, be searched for, and, on reasonable pre- sumption of their guilt being established, they shall be surrendered to the authorities demanding their extradition.

'^ Due requisition" shall be held to mean the demand of any func- tionary of either Government possessing a seal of office, and the demand niay be addressed to the nearest frontier officer of the country in which the fugitive has taken refuge.

XVI. With a view to improving the intercourse between the two

counti'ies, and placing the Chinese Consul at Rangoon to b«**^tB^d d**** ^^ communication with the high provincial authorities in Yunnan, the High Contracting Parties undertake to connect the telegraphic systems of the two countries with each other as soon as the necessary arrangements can be made; the line will, however, at first only be used for the transmission of official tele- grams and of general messages for and from Burmah and the Province of Yunnan.

XVn. It is agreed that subjects of the two Powers shall each within Favored- nation the territories of the other enjoy all the privileges, provision. immunities, and advantages that may have been, or

may hereafter be accorded to the subjects of any other nation.

XVin. It is agreed that the commercial stipulations contained in Bti 1 ti f ^® present Convention being of a special nature and convention re- the result of mutual concessions, consented to with a ■tricted to locaii- yj^^ ^^ adapting them to local conditions and the pecul- iar necessities of the Burmah-China overland trade, the advantages accruing from them shall not be invoked by the sub- jects of either Power residing at other places where the two Empires are conterminous, excepting where the same conditions prevail, and then only in return for similar concessions.

XIX. The arrangements with regard to trade and comtmerce con-

tained in the present Convention being of a provi- ^7^"®'^**'^'^" sional and experimental character, it is agreed that

should subsequent experience of their working, or a more intimate knowledge than is now possessed of the requirements of the trade, seem to require it, they may be revised at the demand of either party after a lapse of six years after the exchange of ratifi- cations of the present Convention, or sooner should the two Govern- ments desire it.

XX. The ratification of the present Convention under the hand of

Her Britannic Majesty and of His Majesty the Emperor a ca 0 . ^j China shall be exchanged in London in six months

from this day of signature, or sooner if possible. The Convention shall come into force immediately after the exchange

of ratifications.

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 18

In token whereof the respective Plenipotentiaries have signed this Convention in four copies, two in Chinese and two in English.

Done at London, this 1st day of March, 1894, corresponding to the 24th day of the 1st moon of the 20th year of Kuang Hsii.

[l. s.] Roseberry*.

[l. s.] Si;ph.

declaration.

On proceeding to the signature this day of the Convention between Great Britain and China, giving effect to Article III of the Convention relative to Burmah and Thibet, signed at Peking on the 24th July 1886: «

The undersigned Plenipotentiaries declare that, inasmuch as the present Convention has been concluded for the special purpose men- tioned in the preamble thereof, the stipulations contained therein are applicable only to those parts of the dominions of Her Britannic Majesty and of His Majesty the Emperor of China to which the said Convention expressly relates, and are not to be construed as applicable elsewhere.

Done at London, the 1st day of March, 1894.

[l. 8.] ROSEBERRY.

[l. 8.] SlEH.

«Hert8let, Vol. I, 87, No. 16.

No. 2.

JAPAN.

TREATY OF PEACE BETWEEN CHINA AND JAPAN.*

SIGNED AT 8HIM0N08EKI, APRIL 17, 1895. RATIFICATIONS EXCHANOSD AT CHEFOO, MAY 8, 1895.

His Majesty the Emperor of China and His Majesty the Emperor of Japan, desiring to restore the blessings of peace to their countries and subjects and to remove all cause for future complications, have named as their Plenipotentiaries for the purpose of concluding a Treaty of peace; that is to say, His Majesty the Emperor of China, Li Hung- chang. Senior Tutor to the Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the Province of Chihli, and Earl of the First Rank, and Li Ching-fong, Ex-Minister of the Diplomatic Service, of the Second Official Rank;

And His Majesty the Emperor of Japan, Count Ito Hirobumi, Junii, Grand Cross of the Imperial Order of Paullownia, Minister President of State, and Viscount Mutsu Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs;

^Who, after having exchanged their full powers, which were found to be in good and proper form, have agreed to the following Articles: —

Article I.

China recognizes definitely the full and complete independence and autonomy of Corea, and in consequence the payment Lidependence of ^f tribute and the performance of ceremonies and for- malities by Corea to China, in derogation of such independence and autonomy, shall wholly cease for the future.

Article II.

China cedes to Japan in perpetuity and full sovereignty the foUow- c i f nart ^^^ territories, together with all fortifications, arsenals,

of Feng Tien Prov- and public property thereon :

^^' (a) The southern portion of the province of F6ng-

tien, within the following boundaries: — The line of demarcation begins at the mouth of the River Yalu and

flSee History of the Peace negolialions, documentary and verbal, between China and Japan, March-April, 1896, pp. 26-29.

14

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 15

ascends that stream to the mouth of the Biver An-ping; from thence the line runs to Ffing-huang; from thence to Haicheng; from thence to Ying-kow, forming a line which describes the southern portion of the territoiy. The places above named are included in the ceded ter- ritory. When the line reaches the River Liao at Ying-kow, it follows the course of that stream to its mouth where it terminates. The mid- channel of the River Liao shall be taken as the line of demarcation.

This cession also includes all islands appertaining or belonging to the province of FSng-tien, situated in the eastern portion of the Bay of Liao-tung and in the northern part of the Yellow Sea.

{h) The island of Formosa, together with all islands appertaining or belonging to said island of Formosa.

(c) The Pescadores Group, that is to say, all islands lying between the 119th and 120th degrees of longitude east of Greenwich and the 23rd and 24th degrees of north latitude.

ARTICIiE III.

The alignments of the frontiers described in the preceding Article and shown on the annexed Map, shall be subject to the

d^d^twrito*'* ®' verification and demarcation on the spot, by a Joint Commission of Delimitation consisting of two or more Chinese and two or more Japanese Delegates to be appointed immedi- ately after the exchange of the ratifications of this Act. In case the boundaries laid down in this Act are found to be defective at any point, either on account of topography or in consideration of good adminis- tration, it shall also be the duty of the Delimitation Commission to rectify the same.

The Delimitation Commission will enter upon its duties as soon as possible and will bring its labors to a conclusion within the period of one year after appointment.

The alignments laid down in this Act shall, however, be maintained until the rectifications of the Deliffiitation Commission, if any are made, shall have received the approval of the Governments of China and Japan.

Articlk IV.

China agrees to pay toeTapan as a war indemnity the sum of 200,000,000 Kuping Taels. The said sum is to be paid in eight

War indemnity installments. The first installment of 50,000,000 Taels to Japan. .... .

to be paid within six months, and the second install- ment of 50,000,000 Taels to be paid within twelve months after the exchange of the ratifications of this Act. The remaining sum to be paid in six equal annual installments, as follows: The first of such equal annual installments to be paid within two years; the second within three years; the third within four years; the fourth within

16 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

five years; the fifth within six years, and the sixth within seven years, after the exchange of the ratifications of this Act, Interest at the rate of 5 per centuin per annum shall begin to run on all unpaid por- tions of the said indemnity from the date the first installment falls due. China shall, however, have the right to pay by anticipation at any time any or all of said installments. In case the whole amount of the said indemnity is paid within three j'^ears after the exchange of the ratifications of the present Act, all interest shall be waived and the interest for two years and a half or for any less period if then already paid, shall be included as a part of the principal amount of the indemnity.

Article V.

The inhabitants of the territory ceded to Japan, who wish to take up their residence outside the ceded districts, shall be ceSdtoiStoy. ""' ** liberty to sell their real property and retire.

For this purpose a period of two years from the date of the exchange of the ratifications of the present Act, shall be granted. At the expiration of that period those of the inhabitants who shall not have left such territories shall at the option of Japan, be deemed to be Japanese subjects.

Each of the two Governments shall immediately upon the exchange of the ratifications of the present Act, send one or more Commissioners to Formosa to effect a final transfer of that Province and within the space of two months after the exchange of the ratifications of this Act, such transfer shall be completed.

Article VI.

All treaties between China and Japan having come to an end in consequence of war, China engages immediately upon merce and aayiga- ^^® exchange of the ratifications of this Act, to appoint tion to be nego- Plenipotentiaries to conclude, with the Japanese Pleni- potentiaries, a Treaty of Commerce and Navigation and a Convention to regulate Frontier Intercourse and Trade. The Treaties, Conventions, and Regulations now subsisting between China and European Powers shall serve as a basis for the said Treaty and Convention between China and Japan. From the date of the exchange of the ratifications of this Act until the said Treaty and Con- vention are brought into actual operation, the Japanese Government; its oflScials; commerce; navigation; frontier intercourse and trade; industries; ships, and subjects, shall, in every respect, be accorded by China most-favored-nation treatment.

China makes in addition the following concessions, to take eflfect Openinir of new ^^^ months after the date of the present Act: localities in China 1st. The following cities, towns, and ports, in addi- to trade. ^^^^ ^^ those already opened, shall be opened to the

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 17

trade, residence, industries, and manufactures of Japanese subjects, under the same conditions and with the same privileges and facilities as exist at the present open cities, towns, and ports of China.

(1) Shashih, in the province of Hupeh.

(2) Chungking, in the province of Szechuan.

(3) Suchow, in the province of Kiangsu.

(4) Hang-chow, in the province of Chekiang.

The Japanese Government shall have the right to station Consuls at any or all of the above-named places.

2nd. Steam navigation for vessels under the Japanese flag for the

Kaviffation on conveyance of passengers and cargo shall be extended Chinese inland to the following places:

^*^"' (1) On the upper Yangtsze River, from I-chang to

Chung-king.

(2) On the Woo-sung River and the Canal, from Shanghai to Su-chow and Hang-chow. The Rules and Regulations which now govern the navigation of the inland waters of China by foreign vessels shall, so far as applicable, be enforced in respect of the above-named, routes until new Rules and Regulations are conjointly agreed to.

3rd. Japanese subjects purchasing goods or produce in the interior

Renting ware- ^^ China or transporting imported merchandise into houses. the interior of China, shall have the right temporarily

to rent or hire warehouses for the storage of the articles so purchased or transported, without the payment of any taxes or exactions whatever.

4:th. Japanese subjects shall be free to engage in all kinds of manu-

Siffhtto m n- ^^^^"^& industries in all the open cities, towns, and &otnre in open lo- ports of China, and shall he at liberty to import into ealities. China all kinds of machiner}'^ paying only the stipu-

lated duties thereon.

All articles manufactured by Japanese subjects in China, shall in respect of inland transit and internal taxes, duties, charges and exac- tions of all kinds and also in respect of warehousing and storage facil- ities in the interior of China, stand upon the same footing and enjoy the same privileges and exemptions as merchandise imported by Jap- anese subjects into China.

In the event additional Rules and Regulations are necessary in con- nection with these concessions, they shall be embodied in the Treaty of Commerce and Navigation provided for by this Article.

Article VII.

Subject to the provisions of the next succeeding Article, the evacua- Evacnation of tion of China by the armies of Japan, shall be com-

^'***^- pletely effected within three months after the exchange

of the ratifications of the present Act.

27938—04 2

18 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA.

Abticle Vlll.

Tern ra miU- '^^ ^ guarantee of the faithful performance of the tary occupation of stipulations of this Act, China consents to the tempo- Wei-Hai-wci. Its pg^j.y occupation by the military forces of Japan, of Wei-hai-wei in the Province of Shantung.

Upon the payment of the first two installments of the war indemnity herein stipulated for and the exchange of the ratifications of the Treaty of Commerce and Navigation, the said place shall be evacuated b}^ the Japanese forces, provided the Chinese Government consent to pledge, under suitable and sufficient arrangements, the Customs Revenue of China as a security for the payment of the principal and interest of the remaining installments of said indemnity. In the event no such arrangements are concluded, such evacuation shall only take place upon the payment of the final installment of said indemnity.

It is, however, expressly understood that no such evacuation shall take place until after the exchange of the ratifications of the Treaty of Commerce and Navigation.

Article IX.

Immediately upon the exchange of the ratifications of this Act, all prisoners of war then held shall be restored and China oners 0 war. undertakes not to ill-treat or punish prisoners of war so restored to her by Japan. China also engages to at once release all Japanese subjects accused of being military spies or charged with any other military offenses. China further engages not to punish in any manner nor to allow to be punished, those Chinese subjects who have in any manner been compromised in their relations with the Japanese army during the war.

Article X.

Cessation of miU- All offensive military operatipns shall cease upon tary operations. ^^^^ exchange of the ratifications of this Act.

Article XI.

The present Act shall be ratified by their Majesties the Emperor of China and the Emperor of Japan, and the ratifications shall be exchanged at Chefoo, on the 14th day of the 4th month of the 21st year of Kwang Hsu, corresponding to the 8th day of the 5th month of the 28th year of Meiji. (May 8th, 1895.)

In witness whereof, the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.

Done at Shimonoseki, in duplicate, this 28d day of the 8d month of

TBEATIES AND CONVENTIONB WITH CHINA AND KOREA. 19

the 21st year of Kwang Hsii, corresponding to the 17th day of the 4th month of the 28th year of Meiji. (April l7th, 1895.)

Li Hung Chang, [l. s.]

« Plenipotentiary of His Majesty the Emperor of China,

Senior Tutor of the Heir Apparent, Senior Grand Secre- tary of State, Minister Superintendent of Trade for the North Ports of China, Viceroy of the Province of Chihli, and Earl of the First Rank.

Li Ching Fong.

Plenipotentiary of His Majesty the Emperor of China, Ex-Minister of the Diplomatic Service, of the Second Official Rank.

Count Ito Hirobumi. [l. s.]

Junii, Grand Cross of the Imperial Order of Paullownia, Minister President of State, Plenipotentiary of His Majesty the Emperor of Japan.

Viscount Mutsu Munemitsu. [l. s.]

Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs, Plenipo- ^ tentiary of His Majesty the Emperor of Japan.

SEPARATE ARTICLES. Article 1. The Japanese military forces which are, under Article VIII of the MUitarrf to ^^^^^J ^^ peace signed this day, to temporarily occupy oeenpy Wai-iiai- Wei-hai-wei, shall not exceed one Brigade and from ^■^*' the date of the exchange of the ratifications of the said

treaty of peace, China shall pay annually, one-fourth of the amount of the expenses of such temporary occupation that is to say, at the rate of 600,000 Kuping Taels per annum.

Article II.

The territory temporarily occupied at Wei-hai-wei shall comprise

„ _^, the island of Liu-kuncf and a belt of land 5 Japanese Ri

Territory occn- ** *

pled at Wei-hai- wide along the entire coast line of the Bay of Wei- ^•^' hai-wei.

No Chinese troops shall be permitted to approach or occupy any places within a zone of 5 Japanese Ri wide beyond the boundaries of the occupied territory.

Article III.

The civil administration of the occupied territory shall remain in the

^, , hands of the Chinese Authorities. But such Authori-

Chinete to re- tain eivil admin- ties slxall at all times be obliged to conform to the

istration. orders which the Commander of the Japanese Arm}'^ of

20 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

occupation may deem it necessary to give in the interest of the heaith, maintenance, safety, distribution or discipline of the Troops.

All military offences committed within the occupied territory shall be subject to the jurisdiction of the Japanese Military Authorities.

The foregoing Separate Articles shall have the same force, value and effect as if they had been, word for word, inserted in the Treaty of Peace signed this day.

In witness whereof, the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.

Done at Shimonoseki, in duplicate, this 23rd day of the 3rd month of the 21st year of Kuang Hsii, corresponding to the 17th day of the 4:th month of the 28th year of Miji. (April 17th, 1895.)

(Signatures (4) and titles, same as in Treaty.)

CONVENTION TO PROLONG ARMISTICE.

The undersigned (insert here names and titles of the 2 Chinese Plenipotentiaries, as in Preamble of Treaty) Plenipotentiaries of His Majesty the Emperor of China, and (insert here names and titles of 2 Japanese Plenipotentiaries as in preamble of Treat}'^) Plenipotentiaries of His Majesty the Emperor of Japan, having concluded a Treaty of Peace, have, in order to provide for the peaceful exchange of the rati- fications of said Treaty, agreed upon and signed the following Articles:

I.

The Convention of Armistice concluded on the 5th day of the 3rd

month of the 21st year of Kwang Hsii, corresponding

Armittioe. ^ ^^^ ^^^^ ^^^ ^^ ^j^^ ^^ month of the 28th year of

Meiji, is prolonged for the period of 21 days from this date.

n.

The armistice, which is prolonged by this Convention, shall termi- nate, without notice on either side, at midnight on the 14:th day of the 4th month of the 21st year of Kwang Hsu, corresponding to the 8th day of the 6th month of the 28th year of Meiji. The rejection in the meantime, however, of the said Treaty of Peace, by either High Con- tracting Party, shall have the effect of at once terminating this Armis- tice without previous notice.

In witness whereof the Plenipotentiaries of China and Japan have hereunto set their hands and affixed their seal.

Done at Shimonoseki, this 23rd day of the 3rd month of the 21st year of Kuang Hsii, corresponding to the 17th day of the 4:th month of the 28th year of Meiji. (April I7th, 1895.)

(Signatures (4) and titles, same as in Treaty.)

Ko.3.

FRANCE.

ADDITIONAL CONVENTION TO THE SUPPLEMENTARY COMMERCIAL CONVENTION OF JUNE 26, 1887, BETWEEN FRANCE AND CHINA. «

Signed at Peking, 20th June, 1895. [Trannlatlon.]

The President of the French Republic and His Majesty the Emperor of China, being desirous of encouraging and extending along the Sino- Annamite frontier, henceforth defined as far as the Mekong,* the extension of commercial relations between the two countries and of insuring the execution of the treat}^ of commerce signed at Tientsin, April 25, 1886, as well as of the Supplementary Convention, signed at Peking, June 26, 1887, have decided to conclude an Additional Conven- tion, containing several new provisions and modifying certain of the provisions included in the previous documents.

For this purpose the two High Contracting Parties have named as their respective Plenipotentiaries, to wit:

The President of the French Republic, M. Auguste Gerard, Minister Plenipotentiary, Envoy Extraordinary of the French Republic in China, OflScer of the Legion of Honor, etc., etc., and His Majesty the Emperor of China, His Highness Prince K'ing, Prince of the first rank. President of the Tsung-li Yamen, etc., etc., and His Excellency Hsu Yung-i, member of the Tsung-li Yamen and of the Grand Council of the Empire, etc., etc..

Who having communicated their full powers, which have been

recognized as in good and due form, have agreed on the following

articles:

Article I.

It is agreed, so as to insure the policing of the frontier, that the French Government will have the right of maintain- t?°*^^huf*^**'* ing an agent of the Consular order at Tong-hing opposite Monkay on the frontier of Kwang-tung.

(^Documents Diplomaiiques, Chines 1894-1S98. p. 16-19. See also British and Foreign StaU Papers, Vol. LXXXVII, pp. 525-528.

& This was done by the Complementary Convention of June 20, 1895, to the Con- vention for the Boundary Delimitation between Tongking and China, signed June 26, 1887. See Documents Diplomatiques, Chine j 1894-1898^ pp. 14-16. It is not given in the present collection.

21

22 TREATIES AND CONVENTIONS WIl'H CHINA AND KOREA.

A further regulation will determine the conditions under which should be exercised, by agreement between the French and Chinese authori- ties, the mutual police of the Sino-Annamite frontier.

Art. 11. Article II of the Additional Convention, signed at Peking, June 26th, 1887, is modified and completed as follows: Mdng-tse/and^- ^^ ^^ agreed between the High Contracting Parties k'on opened to that the town of Lung-chou in Kwang-si and that of Mgng-tse in Yiin-nan are open to Fi'anco-Annamite commerce. It is furthermore understood that the locality open to commerce on the river route of Lao-kay to MSng-tse will no longer be Man-hao, but Ho-k'ou, and that the French Government shall have the right of maintaining at Ho-k'ou an Agent under the Consul at M6ng-tse, at the same time the Chinese Government will keep a Cus- toms agent there.

Art. III. It is agreed that the town of Ssu-mao in Yiin-nan shall

be open to Franco-Annamite commerce, like Lung-

to toad"** ®P*^®* chou and Meng-tse, and that the French Government

will have the right, as in the other open ports, of

maintaining a Consul there, at the same time the Chinese Government

can keep a Customs agent.

The local authorities will exert themselves to facilitate the installa- tion of the French Consul in a suitable residence.

Frenchmen and French protegds may establish themselves at Ssu- mao under conditions provided for by Articles VII, X, XI, XII, and others of the Treaty of June 27, 1858; as well as by Article HI of the Convention of April 25, 1886. Goods destined for China can be trans- ported by the rivers, particularly the Lo-so and the Mekong as well as by land routes, and particularly by the official road, leading either from Mong-lS, or from I-pang to Ssu-mao and P'u-erh, the duties which these goods will be subject to being paid at Ssu-mao.

Art. IV. Article IX of the Commercial Convention of April 25, 1886, is modified as fpllows: — B^n^ChineBe^- (^) Chinese goods in transit from one or the other Annam frontier. of the four towns open to commerce on the frontier,

Eeguiations. Lung-chou, M§ng-tse, Ssu-mao and Ho-k'ou, in pass- ing through Annam, will pay, on leaving, duties reduced b}^ four- tenths. A special certificate will be delivered setting forth the pay- ment of this duty, and destined to accompany the goods. When they have come to the other town, they shall be exempt from the payment of import duty.

(2) Chinese goods exported from the four above-named localities and transported to Chinese maritime or river ports, open to commerce, shall pay on passing the frontier export duty reduced by four-tenths. A special certificate will be delivered setting forth the payment of this duty, and destined to accompany the goods. When they shall arrive

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 23

at one of the maritime or river ports open to commerce, they shall pay the half re-importation duty in conformity with the general rule for all goods of like nature in the maritime or river ports open to commerce.

(3) Chinese goods transported from Chinese maritime or river ports open to commerce, by way of Annam, towards the four above named localities, shall pay on crossing (the frontier) full duty. A special cer- tificate will be delivered, setting forth the payment of this duty, and destined to accompany the goods. When they shall arrive at one of the frontier customs stations they shall pay on entry half re-importa- tion duty based on the reduction by four-tenths.

(4) The. above mentioned Chinese goods, when accompanied by the special certificate above mentioned, shall, before passing through the customs on exportation, or after passing through the customs on re-importation, be subject to the regulations governing native Chinese goods.

Art. V. It is understood that China, for the exploitation of its

Mining in Tiin- iJ^ines in the provinces of Yiin-nan, Kwang-si, and nan, Kwang-si, Kwang-tung, may call upon, in the first instance, an wang- ng. pj.gjj^jj manufacturers ^nd engineers, the exploitation remaining nevertheless subject to the rules proclaimed by the Imperial Government as regarding national industries.

It is agreed that railways either those already in existence, or those projected in Annam may, after mutual agreement, and under condi- tions to be defined, be continued on Chinese territory.

Art. VI. Article II of the Telegraphic Convention between France

and China, signed at Chefoo, December 1, 1888, is Extension of i ± j ^ n

telegraph Unes. completed as follows:—

D. — A junction shall be made between the Second- ary Prefecture of Ssu-mao and Annam by two stations, which shall be Ssu-mao in China and Muang-ha-hin (Muong-ngay-neua) in Annam, midway between Lai-chou and Luang Prabang.

The tariff shall be fixed in conformity with Article VI of the Tele- graphic Convention of Chefoo.

Art. VII. It is agreed that the commercial stipulations contained in

p ^ the present Convention being of a special nature, the

Conyention not to result of mutual concessions resulting from the needs Mattes Mmed^*" ^* the relations between Lung-chou, Ho-k'ou, Mgng- tse, Ssu-mao, and Annam, the benefits resulting there- from shall not be appealed to by the subjects and the proteges of the two High Contracting Parties except at the localities as well* as on the river and land routes of the frontier here set forth.

Art. Vni. The present stipulations shall come into force as if they were inserted in the text of the Additional Convention of June 26, 1887.

24 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

Art. IX. The terms of former Treaties, Agreements remain in force. ^^^ Conventions between France and China, not mod- ified by the present Treaty shall remain in- full force. The present Complementary Convention shall be ratified at once by His Majesty the Emperor of China, and after it shall have been rati- fied by the President of the French Republic, the exchange of ratifi- cations shall take place at Peking with the least delay possible.

Done at Peking in four copies 20th June 1895, corresponding to the 28th day of the 6th moon of the 21st year Kwang-hsti.

(Signed) A. Gerard.

(Signed) Ching.

(Signed) HsC.

IDENTIC NOTES EXPLANATORY OF THE PROVISIONS OF THE COM- MERCIAL CONVENTION BETWEEN FRANCE AND CHINA OF JUNE 20, 1895, AND OF THE RAILWAY CONTRACT OF JUNE 5, 1896. «

The Tsung-li Yamen to Mr. Gerard, Minister of the French Republic at Peking.

[Translation.]

13th Day, 5th Moon, 23d Year Kuang-hsC (12 June 1897).

The Imperial Government of China and the Government of the French Republic, animated with a mutual and equal desire to facilitate and develop, in conformity with treaties and conventions, and as evidence of their feelings of concord, neighborly and commercial rela- tions between China and Annam, have striven by an interchange of views and an agreement between our Yamen and the Legation of the Republic; to define more precisely and clearly the carrying out of certain provisions of the convention made between China and France.

With this object in view, our Yamen and the Legation of the Republic have agreed on the three following formulas:

V. It is understood that in compliance with Article V of the Com- mercial Convention of June 20, 1895, as well as the contract of June 5, 1896, between the Compagnie de Fives-Lille and the official Adminis- tration of the Dong-dang and Lung-chou Railroad, and the despatches exchanged the 2d and 25th June of the same year between our Yamen and the Legation of the Republic, if the Compagnie de Fives-Lille has satisfactorily succeeded, and as soon as the line from Dong-dang to Lung-chou shall be finished, a request will of necessity be made it to continue the said line in the direction of Nan-ning and Pe-se.

2**. It is understood, in compliance with Article V of the Comple- mentary Commercial Convention of June 20, 1895, that in the three

(^Documents DiplomcUiqueSy Chiney 1894-1898. p. 39. An identic note bearing the same date was sent to the Tsung-li Yamen by Mr. Gerard. See Ibid,, p. 38.

TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 25

southern border provinces, Kuang-tung, Kuang-si and Yiin-nan, the Chinese Government may call upon French engineers and manufac- turers for working mines.

3**. It is understood that China shall undertake works for the improvement of navigation on the upper Red River, and that in the interest of commerce she will grade and improve the route from Ho-k'ou to Man-hao and Meng-tse as far as the provincial capital. It is under- stood furthermore that the right will be conceded to construct a rail- way communication between the Annam frontier and the provincial capital, either bj^ way of the Pe-se river region, or by that of the upper Red River; the (preliminary) studies and the carrying out by China to be done gradually.

These formulas are incorporated in the present exchange of de- spatches as evidence. Our Yamen and the Legation of the Republic, faithful interpreters of the mutual opinion of the two Governments, agree that these formulas are intended to define certain provisions of the conventions previously concluded between the two Governments, and to insure their effectual carrying out in a spirit of mutual con- fidence and good will, and in the equal interest of the two countries.

(Follow the signatures of the President and the Members of the Tsung-li Yamen).

No. 4.

JAPAN.

CONVENTION BETWEEN JAPAN AND CHINA FOR THE RETROCESSION BY JAPAN TO CHINA OF THE SOUTHERN PORTION OF THE PROVINCE OF FENG-TIEN.a

Signed at Peking, November 8, 1896.

Ratifications Exchanged at Peking, November 29, 1895.

Article I. Japan retrocedes to China in perpetuity and full sover- eignty the southern portion of the Province of Feng cede "***'^ "^**" "^^^1 which was ceded to Japan under Article II of the Treaty of Shimonoseki of the 17th day of the 4:th month of the 28th year of Meiji, corresponding to the 23rd day of the 3d month of the 21st year of Kuang Hsu, together with all fortifica- tions, arsenals and public property thereon at the time the retroceded territory is completely evacuted by the Japanese forces in accordance with the provisions of Article III of this Convention, that is to say, the southern portion of the Province of Feng Tien from the mouth of the River Yalu to the mouth of the River An-ping, thence to Feng Huang Ch'Sng, thence to Haicheng, and thence to Ying-Kow; also all cities and towns to the south of this boundary and all islands apper- taining or belonging to the Province of Feng Tien situated in the eastern portion of the Bay of Liao-Tung and in the northern part of the Yellow Sea. Article III of the said Treaty of Shimonoseki is in consequence suppressed, as are also the provisions in the same Treaty with reference to the conclusion of a Convention to regulate frontier intercourse and trade, n. As compensation for the retrocession of the southern portion of the Province of Feng Tien, the Chinese Government Ueu^ftorrito^^ ^ engage to pay to the Japanese Government 30,000,000 Kuping taels on or before the 16th day of the 11th month of the 28th year of Meiji, corresponding to the 30th day of the 9th month of the 2l8t year of Kuang Hsii. in. Within three months from the day on which China shall have paid to Japan the compensatory indemnity of ment** ®' P*^' 30,000,000 Kuping taels provided for in Article II of this Convention, the retroceded territory shall be com- pletely evacuated by the Japanese forces. IV. China engages not to punish in any manner nor to allow to be punished those Chinese subjects who have in any man- habSntf ^ ^ ^' ^^^ ^®®^ compromised in connection with the occupa- tion by the Japanese forces of the retroceded territory.

aBritvih and Foreign State Papers, Vol. LXXXVII, p. 1195. 26

TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 27

V. The present Convention is signed in duplicate, in the Japanese,

Chinese, and English languages. All these texts have thStotiv©!^***^' ^^^ same meaning and intention, but in case of any

differences of interpretation between the Japanese and Chinese texts, such differences shall be decided by reference to the English text.

VI. The present Convention shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the ratifications thereof shall be exchanged at Peking within twenty -one days from the present date.

In witness whereof the respective Plenipotentiaries have signed the same, and have afllxed thereto the seal of their arms.

Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsu.

[l. s.] Hayashi Tadasu.

[l. s.] Li Hung-Chang.

PROTOCOL.

In view of the insufficiency of time to effect a formal exchange of the ratifications of the Convention between Japan and China signed this day respecting the retrocession of the Peninsula of Feng Tien, before the date named in the said Convention for certain stipulations thereof to take effect, the Government of His Majesty the Emperor of Japan and the Government of His Majesty the Emperor of China, in order to prevent the possibility of delay in putting into execution the several provisions of the said Convention, have, through their respective Plenipotentiaries, agreed upon the following stipulations:

The Governments of Japan and China shall, within the period of five days after the date of this Protocol, announce to each other through the undersigned, their respective Plenipotentiaries, that the said Convention has received the approval of His Majesty the Emperor of Japan and His Majesty the Emperor of China, respectively, and thereupon the said Convention in all its parts shall come into operation as fully and effectually as if the ratifications thereof had actually been exchanged.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsix.

[l. s.] Hayashi Tadasu.

[l. s.] Li Hung-Chang.

No. 5.

GKEAT BRITAIIf— FRANCE,

DECLARATION BETWEEN GREAT BRITAIN AND FRANCE, WITH REGARD TO THE KINGDOM OF SI AM AND OTHER MATTERS (ADVANTAGES IN YtJNNAN AND SZECHUEN; TERRITORIES TO THE WEST OF THE LOWER NIGER; COMMERCIAL ARRANGEMENTS IN TUNIS).*

Signed at London, January 15, 1896.

The Undersigned, duly authorized by their respective Governments, have signed the following Declaration: —

I. The Governments of Great Britain and France engage to one

another that neither of them will, without the consent

BritiBh and of the other, in an}'^ case, or under any pretext, advance

influencJ^in Biam. their armed forces into the region which is comprised

in the basins of the Petcha Bouri, Meiklong, Menam and Bang Pa Kong (Petriou) Rivers and their respective tributaries, together with the extent of coast from Muong Bang Tapan to Muong Pase, the basins of the rivers on which those two places are situated, and the basins of the other rivers, the estuaries of which are included in that coast; and including also the territory lying to the north of the basin of the Menam, and situated between the Anglo-Siamese frontier, the Mekong River, and the eastern watershed of the Me Ing. They further engage not to acquire within this region any special privilege or advantage which shall not be enjoyed in common by, or equally open to. Great Britain and France and their nationals and dependents. These stipulations, however, shall not be interpreted as derogating from the special clauses which, in virtue of the Treaty concluded on the 3rd October, 1893, between France and Siam, apply to a zone of 25 kilom. on the right bank of the Mekong and to the navigation of that river.

II. Nothing in the foregoing clause shall hinder any action on which

the two Powers may agree, and which they shall think

Independence of necessary in order to uphold the independence of the

Kingdom of Siam. But they engage not to enter into

any separate Agreement permitting a third Power to take any action

from which they are bound by the present Declaration themselves to

abstain.

a British and Foreign State Papers, 1895-96, Vol. LXXXVIII, pp. 13-16. 28

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 29

III. From the mouth of the Nam Huok northwards as far as the

Chinese frontier the thalweg of the Mekong shall iiekong thalweg form the limit of the possessions or spheres of influence of Great Britain and France. It is agreed that the nationals and dependents of each of the two countries shall not exer- cise any jurisdiction or authorit}^ within the possessions or sphere of influence of the other. The police of the islands in this part of the river which are separated from the British shore by a branch of the river shall, FoiueofiBi|ndt ^^ \ong as they are thus separated, be intrusted to the French authorities. The fishery shall be open to the inhabitants of both banks.

IV. The two Governments agree that all commercial and other

privileges and advantages conceded in the two Chinese Ho excintive provinces of Yunnan and Szechuen either to Great other priviieget Britain or France, in virtue of their respective Con- in Timnan and yentions with China of the 1st March, 1894, and the

20th June, 1895, and all privileges and advantages of any nature which may in the future be conceded in these two Chinese provinces, either to Great Britain or Finance, shall, as far as rests with them, be extended and rendered common to both Powers and to their nationals and dependents, and they engage to use their influence and good offices with the Chinese Government for this purpose.

V. The two Governments agree to name Commissioners delegated Delimitation of ^J ^^^ ^^ them, who shall be charged to fix by mutual

territory weet of agreement, after examination of the titles produced on wer iger. either side, the most equitable delimitation between

the British and French possessions in the region situated to the west of the Lower Niger.

VI. In conformity with the stipulations of Article XL of the Gen-

eral Convention concluded between Great Britain and ^^^n^tnuonlt the Regency of Tunis on the 19th July, 1875, which Jniy 19, 1875, provides for a revision of that Treaty ''in order wi it,agree ^^^ ^j^^ ^^^ Contracting Parties may have the oppor- tunity of hereafter treating and agreeing upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective people," the two Governments agree at once to commence negotiations for replacing the said General Convention by a new Convention, which shall correspond with the intentions proposed in the Article above referred to.

Done at London, the 15th January, 1896.

[l. s.] Salisbury.

[l. s.] Alph. de Courcel.

No. 6. japa:n^.

TREATY OF COMMERCE AND NAVIGATION BETWEEN JAPAN AND

CHINA.

Signed at Peking, 21st Day op 7th Month, 29th Year op Meiji (218t July, 1896); Ratipied 29th Day op 9th Month, 29th Year op Meiji (29th September, 1896); Ratipications exchanged at Peking, 20Tn Day op 10th Month, 29th Year op

Meiji (20th November, 1896); and Promulgated 28th Day op 10th Month, 29th Year op Meiji (28th November, 1896).

His Majesty the Emperor of Japan and His Majesty the Emperor of China, having resolved, in pursuance of the provisions of Articles VI. of the Treaty signed at Shimonoseki on the 17th day of the 4:th month of the 28th year of Meiji, corresponding to the 23rd day of the 3rd month of the 21st year of Kuang Hsu, to conclude a Treaty of Commerce and Navigation, have for that purpose named as Their Plenipotentiaries, that is to say:

His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shoshii, Gi-and Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Exti'aordinary; and His Majesty the Emperor of China, Chang Yen Hoon, Minister Plenipotentiary, Min- ister of the Tsungli-yamen, Holding the rank of the President of a Board and Senior Vice-President of the Board of Revenue;

Who, after having communicated to each other their Full Powers found to be in good and due form, have agreed upon and concluded the following Articles: —

Article I.

There shall be perpetual peace and friendship between His Majesty

the Emperor of Japan and His Majesty the Emperor

^Peace and friend- of China, and between their respective subjects who

shall enjo}'' equally in the respective countries of the

High Contracting Parties full and entire protection for the'r persons

and property.

30

TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 31

Article II.

It is agreed by the High Contracting Parties that His Majesty the

Diplomatic ^^^P®^^^ ^^ Japan may, if he see fit, accredit a Diplo- agents; preroga- matic Agent to the Court of Peking and His Majesty tiw, immnnities. ^^^ Emperor of China may, if he see fit, accredit a Diplomatic Agent to the Court of Tokio.

The Diplomatic Agents thus accredited shall respectively enjoy all the prerogatives, privileges and immunities accorded by international law to such Agents and they shall also in all respects be entitled to the treatment extended to similar Agents of the most favoured nation.

Their persons, families, suites, establishments, residences and cor- respondence shall be held inviolable. They shall be at liberty to select and appoint their own officers, couriers, interpreters, servants and attendants without any kind of molestation.

Article IH.

His Majesty the Emperer of Japan may appoint Consuls-General,

Consular affents- Consuls, Vice-Consuls, and Consular Agents to reside at priviiegea, immu- such of the ports, cities and towns of China, which are ^^^*' now, or may hereafter be, opened to foreign residence

and trade, as the interests of the Empire of Japan may require.

These officers shall be treated with due respect by the Chinese Authorities, and they shall enjoy all the attributes, authorit}^ jurisdic- tion, privileges and immunities which are, or may hereafter be, extended to similar officers of the nation most favoured in these respects.

His Majesty the Emperor of China may likewise appoint Consuls- General, Consuls, Vice-Consuls and Consular Agents to reside at any or all of those places in Japan, where Consular officers of other nations are now, or may hereafter, be admitted, and, saving in the matter of jurisdiction in respect of Chinese subjects and property in Japan, which is reserved to the Japanese Judicial Courts, they shall enjoy the rights and privileges that are usually accorded to such officers.

Article IV.

Japanese subjects may, with their families, employes and servants, frequent, reside and carry on trade, industries and tradhig, uid o*^er manufactures, or pursue any other lawful avocations rights of Japanese in all the ports, cities and towns of China, which are " ' now, or may hereafter be, opened to foreign residence

and trade. They are at liberty to proceed to or from any of the open ports with their merchandise and effects, and within the localities at those places which have already been, or may hereafter be, set apart for the use and occupation of foreigners, they are allowed to rent or

32 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

purchase houses, rent or lease land, and to build churches, cemeteries and hospitals, enjoying in all respects the same privileges and immuni- ties as are now, or may hereafter be, granted to the subjects or citi- zens of the most favoured nation.

Article V.

Japanese vessels may touch for the purpose of landing and shipping passengers and merchandise in accordance with the ex- Chtaa*" *' ^^^ ^^ isting Rules and Regulations concerning foreign trade there at all those places in China, which are now ports of call, namely, Ngan-ching, Ta-tung, Hu-kow, Wu-sueh, Lu-chi-kow and Woosung and such other places as may hereafter be made ports of call also. If any vessel should unlawfully enter ports other than open ports and ports of call in China or carry on clandestine trade along the coast or rivers, the vessel with her cargo shall be subject to confiscation by the Chinese Government.

Article VI.

Japanese subjects may travel, for their pleasure or for purposes of trade, to all parts of the interior of China, under pass- asspor . ports issued by Japanese Consuls and countersigned

by the Local Authorities. These passports, if demanded, must be produced for examination in the localities passed through. If the pass- ports be not irregular, the bearers will be allowed to proceed and no opposition shall be offered to their hiring of persons, animals, carts or vessels for their own conveyance or for the carriage of their personal effects or merchandise. If they be without passports or if they com- mit any offence against the law, they shall be handed over to the near- est Consul for punishment, but they shall only be subject to necessary restraint and in no case to ill-usage. Such passports shall remain in force for a period of thirteen Chinese months from the date of issue. Any Japanese subject travelling in the interior without passport shall be liable to a fine not exceeding three hundred Taels. Japanese sub- jects may, however, without passports go on excursions from any of the ports open to trade, to a distance not exceeding one hundred Chinese li and for a period not exceeding five days. The provisions of this Article do not apply to crews of ships.

Article VII.

Japanese subjects residing in the open ports of China may take into their service Chinese subjects and employ them in any Chinese employed lawful capacity without restraint or hindrance from the Chinese Government or Authorities.

TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. 38

Article VIII.

Japanese subjects may hire whatever boats they please for the con-

mrinff of boats ^^J^^^ ^^ cargo or passengers and the sum to be

XonopoUes. paid for such boats shall be settled between the parties

BmnggUng. themselves, without the interference of the Chinese

Government or oflEicers. No limit shall be put upon the number of

boats, neither shall a monopoly in respect either of the boats or of the

porters or coolies engaged in carrying goods be granted to any parties.

If any smuggling takes place in them the offenders will of course be

punished according to law.

Article IX.

The Tariffs and Tariff Rules now in force between China and the Tariff Western Powers shall be applicable to all articles upon

Pavored- nation importation into China by Japanese subjects or from treatment Japan, or upon exportation from China by Japanese

subjects or to Japan. It is clearly understood that all articles, the importation or exportation of which is not expressly limited or pro- hibited by the Tariffs and Tariff Rules existing between China and the Western Powers, may be freely imported into and exported from China, subject only to the payment of the stipulated import or export duties. But in no case shall Japanese subjects be called upon to pay in China other or higher import or export duties than are, or may be, paid by the subjects or citizens of the most favoured nation; nor shall any article imported into China from Japan or exported from China to Japan be charged upon such importation or exportation, other or higher duties than are now, or may hereafter be, imposed in China on the like article when imported from or exported to the n^ion most favoured in those respects.

Article X.

All articles duly imported into China by Japanese subjects or from

Japan shall, while being transported, subject to the

JapMese^**"ffoo^s existing Regulations, from one open port to another, be

from transit and wholly exempt from all taxes, imposts, duties, lekin^

otter taxes be- charges and exactions of every nature and kind what- tween op^i ports. '^ , . , ,

soever, irrespective of the nationality of the owner or

possessor of the articles, or the nationality of the conveyance or vessel

in which the transportation is made.

Article XI.

It shall be at the option of any Japanese subject desiring to convey duly imported articles to an inland market to clear his goods of all transit duties by payment of a commutation

27938-04 3

84 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

transit tax or duty, equal to one-half of the import duty in respect of dutiable articles, and two and half per cent, upon the value in respect of duty free articles; and on payment thereof a certificate shall be issued, which shall exempt the goods from all further inland charges whatsoever. It is understood that this Article does not apply to imported opium.

Article XII.

All Chinese goods and produce purchased by Japanese subjects in China elsewhere than at an open port thereof and foV^lx^^ot intended for export abroad, shall in every part of only subject to China be freed from all taxes, imposts, duties, lekin, tnmsit and export ^[j^rges and exactions of every nature and kind what- soever, saving only export duties when exported, upon the payment of a commutation transit tax or duty calculated at the rate mentioned in the last preceding Article substituting export duty for import duty, provided such goods and produce are actually ex- ported to a foreign country within the period of twelve months from the date of the payment of the transit tax; all Chinese goods and produce purchased by Japanese subjects at the open ports of China and of which export to foreign countries is not prohibited shall be exempt from all internal taxes, imposts, duties, lekln^ charges and exactions of every nature and kind whatsoever, saving only export duties upon exportation and all articles purchased by Japanese sub- jects in any part of China, may also, for the purposes of export abroad, be transported from open port to open port, subject to the existing Rules and Regulations.

Article XIII.

Merchandise of a bona jide foreign origin, in respect of which full import duty shall have been paid, may at any time of fow^ goods! within three years from the date of importation be ]>rawbaok certifl- re-exported from China by Japanese subjects to any ^ '' foreign country, without the payment of any export

duty; and the re-exporters shall, in addition, be entitled forthwith to receive from the Chinese Customs dmwback certificates for the amount of import duty paid thereon, provided that the merchandise remains intact and unchanged in its original packages. Such drawback certifi- cates shall be immediately redeemable in ready money by the Chinese Customs Authorities at the option of the holders thereof.

Article XIV.

The Chinese Government consents to the establishment of Bonded Bonded ware- Warehouses at the several open ports of China. Reg- honsee. ulations on the subject shall be made hereafter.

TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 35

Article XV.

Japanese merchant vessels of more than one hundred and fifty tons burden, entering the open ports of China, shall be

onnage uei. ^j^arged tonnage dues at the rate of four Tnace per registered ton; if of one hundred and fifty tons and under, they shall be charged at the rate of one 7n(ice per registered ton. But any such vessel taking its departure within forty-eight hours after arrival, with- out breaking bulk, shall be exempt from the payment of tonnage dues.

Japanese vessels having paid the above specified tonnage dues shall thereafter be exempt from all tonnage dues in all the open ports and ports of call of China for the period of four months from the date of clearance from the port where the payment of such tonnage dues is made. Japanese vessels shall not, however, be required to pay ton- nage dues for the period during which they are actually undergoing repairs in China.

No tonnage dues shall be payable on small vessels and boats employed by Japanese subjects in the conveyance of passengers, bag- gage, letters or duty free articles between any of the open ports of China. All small vessels and cargo boats, however, conveying mer- chandise which is, at the time of such conveyance, subject to duty, shall pay tonnage dues once in four months at the rate of one mace per ton.

No fee or charges other than tonnage dues shall be levied upon Japanese vessels and boats, and it is also understood that such vessels and boats shall not be required to pay other or higher tonnage dues than the vessels and boats of the most favoured nation.

Article XVI.

Any Japanese merchant vessel arriving at an open port of China shall be at liberty to engage the services of a pilot to

** * ^ ° ' take her into port. In like manner, after she has dis- charged all legal dues and duties and is ready to take her departure, she shall be allowed to employ a pilot to take her out of port.

Article XVII.

Japanese merchant vessels compelled on account of injury sustained or any other cause to seek a place of refuge shall be piaor*of *refage[ permitted to enter any nearest port of China, without Besoned cargo and being subject to the payment of tonnage dues or duties penons. upon goods landed in order that repairs to the vessel

may be effected, provided the goods so landed remain under the super- vision of the Customs Authorities. Should any such vessel be stranded or wrecked on the coast of China, the Chinese Authorities shall imme- diately adopt measures for rescuing the passengers and crew and for

36 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

securing the vessel and cargo. The persons thus saved shall receive friendly treatment, and, if necessary, shall be furnished with means of conveyance to the nearest Consular station. Should any Chinese merchant vessel be compelled on account of injury sustained or any other cause to seek a place of refuge in the nearest port of Japan, she shall likewise be treated in the same way by the Japanese Authorities.

Article XVIII.

The Chinese Authorities at the several open ports shall adopt such Sinii Uwr means as they may judge most proper to prevent the

revenue suffering from fraud or smuggling.

Article XIX.

If any Japanese vessel be plundered by Chinese robbers or pirates, Bobbers and pi- ^^ shall be the duty of the Chinese Authorities to use Tales. every endeavor to capture and punish the said rob-

bers or pirates, and to recover and restore the stolen property.

Article XX.

Jurisdiction over the persons and property of Japanese subjects in China is reserved exclusively to the duly authorized Japanese persons Japanese Authorities, who shall hear and determine and property. ^n cases brought against Japanese subjects or prop-

erty by Japanese subjects, or by the subjects or citizens of any other Power, without the intervention of the Chinese Authorities.

Article XXI.

If the Chinese Authorities or a Chinese subject make any charge or

„. ^ complaint of a civil nature against Japanese subjects

Xized oases. / ^ i. t i. • W« i.u

or m respect of Japanese property m China, the case

shall be heard and decided by the Japanese Authorities.

In like manner all charges and complaints of a civil nature brought

by Japanese Authorities or subjects in China against Chinese subjects

or in respect of Chinese property, shall be heard and determined by

the Chinese Authorities.

Article XXII.

Japanese subjects charged with the commission of any crimes or

offences in China shall be tried, and, if found guilty,

fewer*' *"** **'" pui^^shed by the Japanese Authorities according to

the laws of Japan.

In like manner Chinese subjects charged with the commission of

any crimes or offences against Japanese subjects in China shall be tried,

and, if found guilty, punished by the Chinese Authorities according

to the laws of China.

TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 37

Akticle XXIII.

Should any Chinese subject fail to discharge debts incurred to a Japanese subject, or should he fraudulently abscond, ing d^btow!**^"*' ^^ Chinese Authorities will do their utmost to effect his arrest, and enforce recovery of the debts. The Japanese Authorities will likewise do their utmost to bring to justice any Japanese subject who fraudulently absconds or fails to discharge debts incurred by him to a Chinese subject.

Article XXIV.

If Japanese subjects in China, who have committed offences or have failed to discharge debts and fraudulently abscond, Japanese and Chi- should flee to the interior of China or take refuge in nesa absconding houses occupied by Chinese subjects or on board of Chinese ships, the Chinese Authorities shall, at the request of the Japanese Consul, deliver thera to the Japanese Authorities.

In like manner if Chinese subjects in China, who have committed offences or have failed to discharge debts and fraudulently abscond, should take refuge in houses occupied by Japanese subjects in China or on board of Japanese ships in Chinese waters, they shall be deliv- ered up at the request of the Chinese Authorities made to the Japanese Authorities.

Article XXV,

The Japanese Government and its subjects are hereby confirmed in all privileges, immunities and advantages conferred on tionteeatoent"*' ^^^^ ^^ ^^^ Treaty stipulations between Japan and China, which are now in force; and it is hereby expressly stipulated that the Japanese Government and its subjects will be allowed free and equal participation in all privileges, immuni- ties and advantages that may have been, or may be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any other nation.

Article XXVI.

It is agreed that either of the High Contracting Parties may demand a revision of the Tariffs and of the Commer- cial Articles of this Treaty at the end of ten years from the date of the exchange of the ratifications; but if no such demand be made on either side and no such revision be effected, within six months after the end of the first ten years, then the Treaty and Tariffs, in their present form, shall remain in force for ten years more, reckoned from the end of the preceding ten years, and so it shall be at the end of each successive period of ten years.

88 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

Article XXVII.

The High Contracting Parties will agree upon Boles and Regula- Rules and reff- ^^^^^ necessary to give full effect to this Treaty, uiationg putting Until such Rules and Regulations are brought into treaty in eifoot. actual operation, the Arrangements, Rules and Regu- lations subsisting between China and the Western Powers, so far as they are applicable and not inconsistent with the provisions of this Treaty, shall be binding between the Contracting Parties.

Article XXVIII.

The present Treaty is signed in the Japanese, Chinese and English languages. In order, however, to prevent future dis- thSSttve^'***" cussions, the Plenipotentiaries of the High Contract- ing Parties have agreed upon that in case of any divergence in the interpretation between the Japanese and Chinese texts of the Treaty, the difference shall be settled by reference to the English text.

Article XXIX.

The present Treaty shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the ratifications thereof shall be exchanged at Peking as soon as possible, and not later than three months from the present date.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Peking this 21st day of the 7th month of the 29th year of Meiji, corresponding to the eleventh day of the sixth month of the 22nd year of Kuang Hsu.

[l. 8.] Hayashi Tadasu

Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary.

[l. s.] Chang Yen Hoon

Minister Plenipotentiary, Minister of the Tsungli-yamen, holding the rank of the President of a Board and Senior Vice President of the Board of Revenue.

PROTOCOL SUPPLEMENTARY TO THE TREATY OF COMMERCE AND NAVIGATION OF JULY 21, 1896.

Signed at Pbkinq, October 19, 1896. [TianalatioiL]

The following four Articles are hereby agreed to by Baron Hayashi Tadasu (Sho-shi-i, Decoration of the Ist Class), Envoy Extraordinary and Minister Plenipotentiary of Japan, and the Ministers Plenipoten- tiary, ministers of the Tsungli-ya-men, of China, to wit:

Art. I. It is hereby agreed that special Japanese settlements shall be formed at the places newly opened to commerce, and that affairs relating to roads and police shall be under the sole control of the Japanese consul.

Art. n. Regulations with respect to steamers or ships owned or chartered by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined after conference with Japan, on the basis of the Provisional Regulations for the conduct of business by foreign mer- chants at those places, issued by the Shanghai Customs on August of third, the twenty-second year of Kwang Hsu.

Art. III. The Government of Japan concedes the right of the Chinese Government to enforce on articles manufactured by Japanese subjects in China such a tax as may seem expedient, provided that the said tax shall not differ from, or exceed, the tax paid by Chinese sub- jects. The Chinese Government shall, when the Japanese Govern- ment so desires, immediately provide sites for the formation of special Japanese Settlements in Shanghai, Tientsin, Amoy, and Hankow.

Art. IY. Instructions shall be issued to the official in command in Shangtung, that no Chinese troops shall approach, or take possession of any position, within 5 Japanese W, or about 40 Chinese Z^, of the limit of any positions held by Japanese forces in accordance with treaty stipulations.

The above Protocol shall be drawn up in the Chinese and Japanese languages and after comparison, the two copies shall be signed and sealed, each party taking one of the copies.

(Signed) Hayashi Tadasu.

" Prince King.

Yin Lu. " Chang Yen-Hoon.

Nineteenth day, tenth month, twenty-ninth year of Meiji; thirteenth day, ninth month, twenty-second year of Kuang-Hsu (19th October, 1896).

No. 7-

GREAT BBITArsr,

AGREEMENT BETWEEN GREAT BRITAIN AND CHINA, MODIFYING THE CONVENTION OF MARCH 1, 1894, RELATIVE TO BURMAH AND TIBET, a

Signed at Pbking, February 4, 1897. Ratifications Exchanged at Peking, June 5, 1897.

In consideration of the Government of Great Britain consenting to waive its objections to the alienation ,by. China, by the Convention with France of the 20th June, 1895,* of territory forming a portion of Kiang Hung, in derogation of the provisions of the Convention between Great Britain and China of the 1st March, 1894, it has been agreed between the Governments of Great Britain and China that the following additions and alterations shall be made in the last-named Convention, hereinafter referred to as the original Convention: —

Art. I. It is agreed that the frontier between the two Empires from latitude 25° 35' north shall run as follows: me. Commencing at the high peak situated approxi-

mately in that latitude and in longitude 98° 14' east of Greenwich and 18° 16' west of Peking, the line shall follow, as far as possible, the crest of the hills running in a south-westerly direction to Waning Peak (Kaulyang), and shall extend thence to Sabu Pum.

From Sabu Pum the frontier shall run in a line along the watershed slightly to the south of west through Shatrung Pum to Namienku Pum.

Thence it shall follow a line to be fixed after local investigation, dividing the Szis and the Kumsas as far as the Tabak E^a; thence the Tabak Kha to the Namtabet; thence the Namtabet to the Paknoi Kha; thence the Paknoi Kha to its source near Talang Pum; thence the Talang Pum ridge to Bumra Shikong.

From Bumra Shikong the frontier shall follow a line running in a south-west direction to the Laisa Kha; thence the Laisa Kha to the Molfe stream, running between Kaddn and Laisa; thence the Mol& to its confluence with the Cheyang Kha; thence the Cheyang Kha to Alaw Pum; thence the Nampaung stream to the Taping.

a British and Foreign SUde Papers, 1896-1897. Vol. LXXXIX, pp. 25-30. ft See, supra, p. 21, footnote &.

40

TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 41 THE TAPING TO THE 8HWELI RIVER.

II. From the junction of the Taping and the Nampaung streams the frontier shall follow the Taping to the neighbourhood of the Lwalaing ridge; thence a line running approximately along the Lwalaing ridge and the Lwalaing stream to the Namwan; thence the Namwan to its junction with the Shweli.

Great Britain engages to recognize as belonging to China the tract to the south of the Namwan River, near Namkhai, which is enclosed to the west by a branch of the Nam Mak River and the Mawsiu range of hills up to Loi Chow Peak, and thence by the range running in a north-easterly direction to the Shweli River.

In the whole of this area China shall not exercise any jurisdiction or authority whatever. The administration and con- trol will be entirely conducted by the British Govern- ment, who will hold it on a perpetual lease from China, paying a rent for it, the amount of which shall be fixed hereafter.

THE SHWELI TO THE MEKONG.

III. From the junction of the Namwan and Shweli the frontier shall follow the northern boundary of the State of North Hsinwi, as at present constituted, to the Salween, leaving to China the loop of the Shweli River, and almost the whole of Wanting, Mong-ko, and Mong-ka.

Starting from the point where the Shweli turns northward near Namswan, i. e. from its junction with the Namyang, the frontier shall ascend this latter stream to its source in the Mong-ko Hills, in about latitude 24° 7' and longitude 98° 15', thence continue along a wooded spur to the Salween at its junction with the Namoi stream. The line shall then ascend the Salween till it meets the northwest boundary of Eokang, and shall continue along the eastern frontier of Kokang till it meets the Eunlong circle, leaving the whole circle of Kunlong to Great Britain.

The frontier shall then follow the course of the river forming the boundary between Somu, which belongs to Great Britain, and M§ng Ting, which belongs to China. It shall still continue to follow the frontier between those two districts, which is locally well-known, to where it leaves the aforesaid river and ascends the hills, and shall then follow the line of water parting between the tributaries of the Salween and the Mekong Rivers, from about longitude 99° east of Greenwich (17° 30' west of Peking), and latitude 23° 20', to a point about longitude 99° 40' east of Greenwich (16° 60' west of Peking) and latitude 23°, leaving to China the Tsawbwaships of KSng Ma, Mengtung, and Mengko.

At the last named point of longitude and latitude the line strikes a very lofty mountain range, called Kong-Ming-Shan, which it shall

42 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

follow in a southerly direction to about longitude 99° 30' east of Greenwich (17° west of Peking), and latitude 22° 30', leaving to China the district of Chen-pien T'ing. Then^ descending the western slope of the hills to the Namka River, it will follow the course of that river for about 10 minutes of latitude, leaving Munglem to China and Manglun to Great Britain.

The frontier shall then follow the boundary between Munglem and Kiang Tong, which is locally well known, diverging from the Namka River a little to the north of latitude 22°, in a direction some- what south of east, and generally following the crest of the hills till it strikes the Namlam River in about latitude 21° 45' and longitude 100° east of Greenwich (16^ 30' west of Peking).

It shall then follow the boundary between Kiang Tong and Kiang Hung, which is generally formed by the Namlam River, with the exception of a small strip of territory belonging to Kiang Hung, which lies to the west of that river, just south of the last-named paral- lel of latitude. On reaching the boundary of Western Kyaiug Chaing, in about latitude 21° 27' and longitude 100° 12' east of Greenwich (16° 18' west of Peking), the frontier shall follow the boundary between that district and Kiang Hung until it reaches the Mbkeng River.

IV. (No addition to original Convention.)

V. It is agreed that China will not cede to any other nation either Mung Lem or any part of Kiang Hung on the right bank of the Mekong, or any part of Kiang Hung now in her possession on the left bank of that river, without previously coming to an arrangement with Great Britain.

VI. Article VI of the original Convention shall be held to be modified as follows:

It is agreed that, in order to avoid any local contention, the align- ments of the frontier described in the present Agreement shall be verified and demarcated, and, in the event of their being found defec- tive at any point, rectified by a Joint Commission appointed by the Governments of Great Britain and China, and that the said Commis- sion shall meet, at a place hereafter to be determined by the two Governments, not later than twelve months from the date of the signature of the present Agreement, and shall terminate its labours in not more than three years from the date of its first meeting.

If a strict adherence to the line described would intersect any districts, tribal territories, towns, or villages, the Boundary Commis- sion shall be empowered to modify the line on the basis of mutual concessions. If the members of the Commission are unable to agree on any point, the matter of disagreement shall at once be referred to their respective Governments.

VII. (No addition to original Convention) Vni. (No addition to original Convention)

TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 48

IX. Add as follows: —

In addition to the Manwyne and Sansi routes sanctioned by the Convention of 1894, the Governments of Great Britain

he^^l^^^^ ^ *^^ China agree that any other routes, the opening of which the Boundary Commissioners may find to be in

the interests of trade, shall be sanctioned on the same terms as those

mentioned above.

X. (No addition to original Convention)

XI. (No addition to original Convention)

XII. Add as follows: —

The Chinese Government agrees hereafter to consider whether the conditions of trade justify the construction of rail- Ttowui^*^" ^ ways in YGnnan, and, in the event of their construc- tion, agrees to connect them with the Burmese lines.

Xin. Whereas by the original Convention it was agreed that China

Briti h d Chi- ^^8^* appoint a Consul in Burmah to reside at Ran- nese coniuiar offl- goon; and that Great Britain might appoint a Consul ••"• to reside at Manwyne; and that the Consuls of the

two Governments should each within the territories of the other ^enjoy the sanie privileges and immunities as the Consuls of the most favoured nation, and, further, that, in proportion as the commerce between Burmah and China increased, additional Consuls might be appointed by mutual consent to reside at such places in Burmah and Yunnan as the requirements of trade might seem to demand.

It has now been agreed that the Government of Great Britain may station a consul at Momein or Shunning-fu, as the Government of Great Britain may prefer, instead of at Manwyne, as stipulated in the original Convention, and also to station a Consul at Ssumao.

British subjects aud persons under British protection may establish themselves, and trade at these places, under the same ^^ ^ ' conditions as at the Treaty ports in China.

The Consuls appointed as above shall be on the same footing as regards correspondence and intercourse with Chinese officials as the British Consuls at the Treaty ports.

XIV. Instead of "Her Britannic Majesty's Consul at Manwyne" in the original Convention, read ''Her Britannic Majesty's Consul at Shunning or Momein", in accordance with the change made in Article

xm.

XV. (No addition to original Convention)

XVI. (No addition to original Convention)

XVII. (No addition to original Convention)

XVIII. (No addition to original Convention)

XIX. Add Bs follows:—

Failing agreement as to the terms of revision, the present arrange- ments shall remain in force.

44 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA.

Special Article, — Whereas on the 20th day of January, 1896, the

Wnohou-fu in '''^sung-li Yamfen addressed an official despatch to Her

Kwangsi and Majesty's Charg6 d'Aflfaires at Peking, informing him

Sid^KoV KnS ^^^ ^^ ^^® ^^* ^*y ^* December, 1895, they had in Kwangtung submitted a Memorial respecting the opening of ports opened to trade. ^^ ^j^^ West River to foreign trade, and had received an Imperial Decree in approval, of which they officially communicated a copy.

It has now been agreed that the following places, viz., Wuchow-fu, in Kwangsi, and Samshui City and Kong Kun Market, in Kwangtung, shall be opened as Treaty ports and Consular stations, with freedom of navigation for steamers between Samshui and Wuchow and Hong Kong and Canton, by a route from each of these latter places to be selected and notified in advance by the Imperial Maritime Customs, and that the following four places shall be established as ports of call for goods and passengers, under the same Regulations as the ports of call on the Yang-tzu River, namely, Kongmoon, Komchuk, Shiuhing and Takhing.

It is agreed that the present Agreement, together with the Special Article, shall come into force within four months of the date of signa- ture, and that the ratifications thereof shall be exchanged at Peking as soon as possible.

In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Agreement.

Done at Peking in triplicate — three copies in English, three in Chinese — the 4:th day of February, in the year of our Lord 1897.

[l. s.] Claude M. MacDonald.

[l, 8.] (Chinese signature of his Excellency Li.)

r

No. 8.

GERMANY.

OON^^ENTION BETWEEN THE GERMAN EMPIRE AND CHINA RESPECTING THE LEASE OF KIAO-CHAU.«

Signed at PsKiNa, Mabch 6, 1898. [Translation.]

The incidents connected with the Mission in the Prefecture of Tsao- chau-foo, in Shantung, being now closed, the Imperial Chinese Gov- ernment consider it advisable to give a special proof of their grateful appreciation of the friendship shown to them by Germany. The Imperial German and the Imperial Chinese Governments, therefore, inspired by the equal and mutual wish to strengthen the bonds of friendship which unite the two countries, and to develop the economic and commercial relations between the subjects of the two States, have concluded the following separate Convention: —

Article I.

His Majesty the Emperor of China, guided by the intention to strengthen the friendly relations between China and o«raufflftroo*B* ^ Germany, and at the same time to increase the mili- tary readiness of the Chinese Empire, engages, while reserving to himself all rights of sovereignty in a zone of 50 kilom. (100 Chinese li) surrounding the Bay of Kiao-chau at high-water, to permit the free passage of German troops within this zone at any time, as also to abstain from taking any measures, or issuing any Ordinances therein, without the previous consent of the German Government, and especially to place no obstacle in the way of any regulation of the water-courses which may prove to be necessary. His Majesty the Emperor of China, at the same time, reserves to him- Big resenre . ^^^^ ^j^^ right to station troops within that zone, in agreement with the German Government, and to take other military measures.

<il>a8 StacUmrchiVy vol. 61, No. 11518. Kiao-chau was declared a free port on Sep- tember 2, 1898. See Reichscmzeiger, September 5, 1898.

45

46 TREATIES AND 0OKVENTION8 WITH CHINA AND KOKEA.

Article II.

With the intention of meeting the legitimate desire of His Majesty the German Emperor, that Germany, like other Pow-

em ry..ea»e . ^^.^^ should hold a place On the Chinese coast for the repair and equipment of her ships, for the storage of materials and provisions for the same, and for other arrangements connected there- with, His Majesty the Emperor of China cedes to Germany on lease, provisionally for ninety-nine years, both sides of the entrance to the Bay of Kiao-chau. Germany engages to construct, at a suitable moment, on the territory thus ceded, fortifications for the protection of the buildings to be constructed there and of the entrance to the harbour.

Article III.

In order to avoid the possibility of conflicts, the Imperial Chinese Government will abstain from exercising rights of

Limiti of tarri- sovereignty in the ceded territory during the term of the lease, and leaves the exercise of the same to Ger- many within the following limits: —

(1.) On the northern side of the entrance to the bay:

The peninsula bounded to the north-east by a line drawn from the north-eastern corner of Potato Island to Loshan Harbour.

(2.) On the southern side of the entrance to the bay:

The peninsula bounded to the south-west by a line drawn from the south-westernmost point of the bay lying to the south-south-west of Chiposan Island in the direction of Tolosan Island.

(3.) The Island of Chiposan and Potato Island.

(4.) The whole water area of the bay up to the highest water-mark at present known.

(5.) All islands lying seaward from Kiao-chau Bay, which may be of importance for its defence, such as Tolosan, Chalienchow, &c.

The High Contracting Parties reserve to themselves to delimitate

more accurately, in accordance with local traditions,

the boundaries of the territory leased to Germany and

of the 50-kilom. zone round the bay, by means of Commissioners to be

appointed on both sides.

Chinese ships of war and merchant-vessels shall enjoy the same privileges in the Bay of Kiao-chau as the ships of

Bights of Chi- other nations on friendly terms with Germany; and chan'say! *^' ^^® entrance, departure, and sojourn of Chinese ships in the bay shall not be subject to any restrictions other than those which the Imperial German Government, in virtue of the rights of sovereignty over the whole of the water area of the bay transferred to Germany, may at any time find it necessary to impose with regard to the ships of other nations.

TBEATIE8 AND 0ONVEKTION8 WITH CHINA AND KOBEA. 47

Article IV.

navigation sig- Germany engages to construct the necessary navi- gation signals on the islands and shallows at the entrance of the bay. No dues shall be demanded from Chinese ships of war and merchant- vessels in the Bay of Eaao-chau, except those which '**** may be levied upon other vessels for the purpose of

maintaining the necessary harbour arrangements and quays.

Article V.

Should Germany at some future time express the wish to return

Kiao-chau Bay to China before the expiration of the

territo™*'^*"** lease, China engages to refund to Germany the

expenditure she has incurred at Kiao-chau, and to

cede to Germany a more suitable place.

Germany engages at no time to sublet the territory leased from

China to another Power.

The Chinese population dwelling in the ceded territory shall at all

times enjoy the protection of the German Government,

^^ieinieawd provided that they behave in conformity with law and

order; unless their land is required for other purposes

they may remain there.

If land belonging to Chinese owners is required for any other pur- pose, the owner will receive compensation therefor. As regards the re-establishment of Chinese customs stations which formerly existed outside the ceded territory, but within tomtitatioiu. ^j^^ 50-kilom. zone, the Imperial German Government intends to come to an agreement with the Chinese Government for the definitive regulation of the customs frontier, and the mode of collecting customs duties, in a manner which will safeguard all the interests of China, and proposes to enter into further negotiations on the subject.

Sections U and UI.«

I. The Chinese Government sanctions the construction by Germany

of two lines of railway in Shantung. The first will

^^^juiwayi in ^^^ from Kiao-chau and Tsinan-f u to the boundary of

Shantung province vid Wei-hsien, Tsinchow, Pashan,

a The following sections of the German-Chinese Agreement of March 6, 1898, have never been made public by the German Government, but have been privately com- municated to persons interested in the development of the Protectorate. See Pro- ceedings before the Budget Commission of the Reichstag, April 29, 1898 in Brit. Blue Book, China No. 1 {1899), p. 67. See also for Precis of these Sections of the Agree- ment Brit. Blue Book, China 1 {1899), p. 152. The text as given here of these sec- tions of the Agreement is based on unofficial publications, but is, it is believed, Bubetantially correct.

48 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

Tsechuen and Suiping. The second line will connect Kiao-chau with Chinchow, whence an extension will be constructed to Tsinan through Laiwu-hsien. The construction of this extension shall not be begun until the first part of the line, the main line, is completed, in order to give the Chinese an opportimity of connecting this line in the most advantageous manner with their own railway system. What places the line from Tsinan-f u to the provincial boundary shall take in en route is to be determined hereafter.

II. In order to carry out the above mentioned railway work a Chino- ^ .. _ German Company shall be formed, with branches at

pany to be organ- whatever places may be necessary, and in this Com- *■•*• pany both German and Chinese subjects shall be at

liberty to invest money if they so choose, and appoint directors for the management of the undertaking.

III. All arrangements in connection with the works specified shall

be determined by a future conference of German and

Mode of^wrry- Chinese representatives. The Chinese Government

shall afford every facility and protection and extend

every welcome to representatives of the German Railway Company

operating in Chinese territory. Profits derived from the working of these railways shall be justly _,, . . , divided pro rata between the shareholders without

profits. German regard to nationality. The object of constructing

intentionB. these lines is solely the development of commerce.

In inaugurating a railway system in Shantung Germany entertains no

treacherous intention towards China, and undertakes not to unlawfully

seize any land in the province.

IV. The Chinese Government will allow German subjects to hold

and develop mining property for a distance of 30 li Mines and min- from ^ach side of these railways and along the whole extent of the lines. The following places where min- ing operations may be carried on are particularly specified along the northern railway from Kiao-chau to Tsinan, Wei-hsien, Pa-shan-hsien and various other points; and along the Southern Kiao-chau-Tsinan Chinchow line, Chinchow-fu, Laiwu-hsien, etc. Chinese capital may be invested in these operations and arrange- ments for carrying on the work shall hereafter be rs. jj^^ |jy ^ joint conference of Chinese and German representatives. All German subjects engaged in such works in Chinese territory shall be properly protected and welcomed by the Chi- m^ew *****^'* ^ ^^^^ authorities and all profits derived shall be fairly divided between Chinese and German shareholders according to the extent of the interest they hold in the undertakings.

TREATIES AND CONVENTIONS WITH CHINA AND KOBBA. 49

In trying to develop mining property in China, Germany is actuated by no treacherous motives against this country, but

German inten- g^ekg alone to increase commerce and improve the relations between the two countries.

The Chinese Government binds itself in all cases where foreign

- - ^. , assistance, in persons, capital or material, may be f reierentiai iiji i » i • t -n •

treatment prom- needed for any purpose whatever withm the Province

ised Germans. ^f Shantung, to offer the said work or supplying of materials, in the first instance to Gernian manufacturers and mer- chants engaged in undertakings of the kind in question.

In case German manufacturers and merchants are not inclined to undertake the performance of such works or the furnishing of mate- rials, China shall then be at liberty to act as she pleases.

The above Agreement shall be ratified by the Sovereigns of both the Contracting States, and the ratifications exchanged in such manner that, after the receipt in Berlin of the Treaty ratified by China, the copy ratified by Germany shall be handed to the Chinese Minister in Berlin.

The foregoing Treaty has been di-awn up in four copies, two in

German and two in Chinese, and was signed by the Representatives of

the two Contracting States on the 6th March, 1898, corresponding to

the 14th day of the second month in the twenty-fourth year Kuang-hsii.

(Great Seal of the Tsung-li Yamgn.)

The Imperial German Minister,

(Signed) Baron von Heyking.

Li Hung-Chang (in Chinese), Imperial Chinese Grand Secretary^ Minister* of the Tsung-li Yamen, cfec, d;c, Weng Tung-Ho (in Chinese), Imperial Chinese Grand Secretary^ Member of the Council of State^ Minister oftlie Tsung-li Yam^^ d;c.^ dkc, 27938—04 i

No. 9.

RUSSIA.

CONVENTION BETWEEN RUSSIA AND CHINA FOR LEASE TO RUSSIA OF PORT ARTHUR, TALIENWAN, AND THE ADJACENT WATERS.^

Signed at Peking, March 27, 1898. [Translation.l

ON the 6th day of the 8rd moon of the 24th year of Kuang Hsu (27th March, 189S), His Majesty the Emperor of China especially deputed the Grand Secretary Li, and the Vice-President of the Board of Revenue Chang, as Plenipotentiaries to settle the matters connected with the loan of Port Arthur and Talienwan, with the Russian Charg6 d' Affaires Pavloflf.

The Convention drawn up is as follows:—

Article I. In order for the protection of the Russian fleet, and (to enable it) to have a secure base on the north coast of lewe^*"**^ '^' China, His Majesty the Emperor of China agrees to lease to Russia Port Arthur, Talienwan, and the adja- cent waters. But this lease is to be without prejudice to China's authority in that territory.

Art. II. The boundary of the territory leased in pursuance of the

foregoing extends from Talienwan northward in accord-

"* '' ance with the requirements (of the situation) on land,

and of the protection of the territory, and permission shall be given

for its being placed at whatever distance may be necessary.

The exact boundary and the other details of this Convention, shall be jointly arranged at St. Petersburgh with Hsu Ta-jSn, after the sig- nature of this Convention, with all possible expedition, and a separate special Article drawn up. After the boundary has been decided, all the territory included in it, and the adjacent waters shall be entirely handed over to Russia to use under lease.

Art. III. The term of lease is fixed as twenty-five years from the date of signature. On expiration an extension of the

arm o ease. Iq^^j^ j^^lj be arranged between the two countries.

a From British Parliamentary Blue Book, China, No, 1. {1899), p. 128.

The text of this convention has not been made public by the Russian Government; as given here it is a translation of "a Chinese precis of the agreement'' H. Cordier, Hiti. de» ReL, III, 362, supplies a French version, but it is only a translation of the English here printed.

60

TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 51

Art. IV. Within tJie term fixed, in the territory leased to Russia,

and in the adjacent waters, all movements of forces,

teSt?** ^ ^••^^ whether naval or military, and (the appointment of)

high officials to govern the districts, shall be entirely

left to Russian officers, one man being made responsible, but he is not

to have the title of Governor-General or Governor.

No Chinese troops of any kind whatever are to be allowed to be

stationed within this boundary. Chinese within the boundary may

leave or remain at their pleasure, and are not to be driven away.

Should any criminal cases occur, the criminal is to be handed over

to the nearest Chinese official to be punished accord-

' ing to law, in accordance with the arrangement laid

down by the Vlllth Article of the Russian-Chinese Treaty of the 10th

year of Hsien FSng (1860).

Art. V. To the north of the territory leased there shall be left a

piece of territory, the extent of which is to be arranged

Heutrai itrip. ^^ jj^. .^^ .g^ ^^^ ^j^^ Russian Foreign Office. This

piece is to be entirely left to Chinese officials, but no Chinese troops are to enter it, except after arrangement with the Russian officials. Art. VI. The Governments of the two countries agree that, as

Port Arthur is solely a naval port, only Russian and eioMd port Chinese vessels are to be allowed to use it, and it is

to be considered a closed port as far as the war and merchant-vessels of the other Powers are concerned. As to Talienwan, with the exception of a part within the port which,

like Port Arthur, is to be reserved for the use of trtL^ng^^i^^ * Russian and Chinese men-of-war, the remainder is to

be a trading port, where the merchant-vessels of all countries can freely come and go.

Art. VII. Russia definitely recognizes the territory leased, but Port Arthur and Talienwan are of special importance. (As to) pro- vision of funds, she will herself erect what buildings are required for the naval or military forces, for the erection of batteries, or barracks for the garrisons, and generally provide all the funds required.^ Art. VIII. The Chinese Government agree that the principle of

the permission given in the 22nd year of Kuang Hsu extoSlJ^ ^ ^* (^^^^) *^ ^^^ Manchurian Railway Company for the

construction of a railway shall now, from the date of signature, be extended to the construction of a branch line from a certain station on the aforesaid main line to Talienwan, or, if necessity

<(The text of this article as given in A. Hoeie, Manchuria^ 47, is much clearer and is probably more correct. It reads: **Port Arthur and Ta-lien-wan are the points in the territory leased most important for Russian military purposes. Russia shall, therefore, be at liberty to erect at her own expense forts and build barracks and pro- vide defenses at such places as she desires. '^

52 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

requires, the same principle shall be extended to the construction of a branch line from the main line to a convenient point on the sea-coast in the Liaotung Peninsula, between Ying-tzu (Newchwang) and the Yalu River.

The provisions of the Agreement of the 8th September, 1896, between the Chinese Government and the Russo-Chinese Bank shall be strictly observed with reg'ard to the branch line above mentioned. The direction of the line and the places it is to pass shall be arranged by Hsu Ta-jen and the Manchurian Railway Company. But this rail- way concession is never to be used as a pretext for encroachment on Chinese territory, nor to be allowed to interfere with Chinese authority or interests.

Art. IX. This Convention shall come into force from the date of exchange [sic] by the Plenipotentiaries of both countries. After Imperial ratification exchange shall take place at St. Petersburgh.

No. 11.

FRANCE.

CONVENTION FOR THE LEASE OF KUANG-CHOU WAN.a

SUBMITTBD TO THE TSUNO-LI YaMSN, MaY 27, 1898.

Ratified by China, January 6, 1900. [Translation.]

Article I.

The Chinese Government, in consideration of its friendship for

France, has given by a lease for 99 years Kuang-chou

Purposeo ease. ^^^ ^ ^j^^ French Government to establish there a

naval station with coaling depot, but it is undei'stood that this shall not offset the sovereign rights of China over the territory ceded.

Article II.

The leased territory shall include the waters and ground necessary for the security, the provisioning and the normal tery leased. " development of the naval station and of the coaling depot, that is to say:

(a) The island of Tong-hai;

(J) The island of Nao-chou;

{c) At Lei-chou, a strip of land connecting a point of the coast south of Kiu-man sien (Tiao-man) and situated in 20° 50' north latitude, with She-men in 21° 25' north latitude along a strip roughly indicated on the annexed map.

(d) At Kao-chou, a strip of land comprised between 2i° 25' north latitude and 21° 04' north latitude, along a strip roughly indicated on the annexed map.

(e) The small islands situated inside of Kuang-chou wan, as well as the interior and exterior waters of the bay, and the exterior waters of Nao-chou and of Tong-hai, within the limits recognized in interna- tional law (six marine miles).

<^DocumerU$ Diplomatiques, Chine, 1898-1899, pp. 2-4. This lease was agreed to by China on April 10, 1898. (See infra, No. 36. ) On the organization of the leased ter- ritory, see ArrStis MinigUrieU, 27th and 31st January, 1900, in Situation de Vlndo-Chine (1897-1901), p. 117. Kuang-chou was made a free port in 1900.

55

J

56 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA.

The exact limits on the continent of Lei-chou and of Kao-chou shall be fixed, after the signing of the present convention, when special sur- veys shall have been made by officials designated by the two Govern- ments. Said officials shall Ijegin their work without delay, so that all possible misunderstanding between the two countries shall be obviated.

Article III.

The territory shall be governed and administered during the 99

years of the lease by France alone, so that all possible

AdminiBtration. misunderstanding between the two countries shall be

obviated. The inhabitants shall continue to enjoy their property; they may continue to inhabit the leased territory and pursue iii?Mtajiti^^^* their labors and occupations, under the protection of France, so long as they respect its laws and regula- tions. France shall pay an equitable price to the native property owners for the land which it may wish to acquire.

Article IV.

France may erect fortifications, place garrisons of troops or take Bi ht to arri- ^^^ other defensive measure on the leased land, ■on and to insure She may erect lighthouses, set buoys and signals navigation. useful for navigation on the leased territory, along the

islands and coasts, and, in a general way, take all measures and adopt all plans to insure the freedom and safety of navigation.

Article V.

Steamers of China as well as the ships of the Powers having diplo-

»4 V* **- *- matic and commercial relations with her, shall be aighta of treaty '

power veaaeiB in treated within the leased territory in the same manner leased territory. ^g jj^ ^j^^ opened part of China.

France may issue all regulations she may wish for the administra- tion of the territory and of the ports and particularly

Light-honseand j^^^ lighthouse and tonnage dues destined to cover the tonnage dnes. jo ^ r> ^

expense of erecting and keeping up lights, beacons and

signals, but such regulations and dues shall be impartially used for

ships of all nationalities.

Article VI.

If cases of ex1;mdition should occur, they shall be dealt with accord- ing to the provisions of existing conventions between France and China, particularly those regulating the neighboring relations between China and Tongking.

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 57

Article VII.

The Chinese Government authorizes France to construct a railway

connecting a point on the bay of Kuang-chou wan, by

bnSt^^*^ ^ ^* ^^^ chou, with a point to be designated on the west

coast of Lei-chou, in the neighborhood of On-pu. This

latter point shall be precisely designated later on.

China will give the land, but the expenses of building and working shall be borne by France. Chinese shall have the right to travel and trade on the railway, in accordance with the general tariff in force.

The mandarins must see to the protection of the railway and the stock, but the repairs and maintenance of said road and its stock shall be at the expense of France.

Article VIII.

France may also, at the end of the line about On-pu, build landing

stages, wharves, storehouses and hospitals, put up

Lnprovementfat jighty, buoys and signals. The nearest deep water

anchorage to this terminus (territorial waters) shall be

exclusively reserved for French and Chinese ships of war, those of the

latter nationality only when neutral.

The present convention shall come into force at once. It shall be ratified at once by the Emperor of China, and when it shall have been ratified by the President of the French Republic, the exchange of rati- fications shall take place at within the briefest delay.

Done at Peking in eight copies, of which four are in the French language and four in Chinese, the , 1898.

No. 12.

GREAT BRITAIN.

CONVENTION BETWEEN THE UNITED KINGDOM AND CHINA RESPECT- ING AN EXTENSION OF HONG KONG TERRITORY.«

Signed at Pbkinq, June 9, 1898.

Ratifications Exchanged at London, August 6, 1898.

Whereas it has for many years past been recognized that an exten- sion of Hong Kong territory is necessary for the proper defence and protection of the Colony, It has now been agreed between the Governments of Great Britain and China that the limits of British territory shall be ly ease . ^^jg^ygg^ under lease to the extent indicated generally on the annexed map. The exact boundaries shall be hereafter fixed when proper surveys have been made by officials appointed by the two Governments. The term of this lease shall be ninety-nine years. It is at the same time agreed that within the city of Kowloon the Chinese officials now stationed there shall continue leawdtortto* ^ ^ exercise jurisdiction except so far as may be incon- sistent with the military requirements for the defence of Hong Kong. Within the remainder of the newly-leased territory Great Britain shall have sole jurisdiction. Chinese officials and peo- ple shall be allowed as heretofore to use the road from Kowloon to Hsinan. It is further agreed that the existing landing-place near Kowloon city shall be reserved for the convenience of Chinese neie^htos^' ^^' J^^^^-^^-war, merchant and passenger vessels, which may come and go and lie there at their pleasure; and for the convenience of movement of the officials and people within the city. When hereafter China constructs a railway to the boundary of the Kowloon territory under British control, arrange- ^*^* ments shall be discussed.

It is further understood that there will be no expropriation or expul- sion of the inhabitants of the district included within ^Expropriation ^j^^ extension, and that if land is required for public offices, fortifications, or the like official purposes, it shall be bought at a fair price.

a British Treaty Series. No, 16, 1898. 58

/ptra^A^f/s

TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 59

If cases of extradition of criminals occur, they shall be dealt with in accordance with the existing Treaties between Great ^^ Britain and China and the Hong Kong Regulations.

The area leased to Great Britain as shown on the annexed map, includes the waters of Mirs Bay and Deep Bay, but

wiiaete war |^ jg agreed that Chinese vessels of war, whether neutral or otherwise, shall retain the right to use those waters.

This Convention shall come into force on the first day of July, eighteen hundred and ninety-eight, being the thirteenth day of the fifth moon of the twenty-fourth year of Kuang Hsu. It shall be rati- fied by the Sovereigns of the two countries, and the ratifications shall be exchanged in London as soon as possible.

In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Agreement.

Done at Peking in quadruplicate (four copies in English and four in Chinese) the ninth day of June, in the year of our Lord eighteen hundred and ninety-eight, being the twenty-first day of the fourth moon of the twenty-fourth year of Kuang Hsu.

[l. 8.] Claude M. MagDonald.

[li. s.] (Seal of the Chinese Plenipotentiary.)

No. 13.

GREAT BBITAFN^,

CONVENTION BETWEEN GREAT BRITAIN AND CHINA FOR THE LEASE OF WEI-HAI WEI.a

Signed at Peking, July 1, 1898.

In order to provide Great Britain with a suitable naval harbour in North China and for the better protection of British commerce in the neighbouring seas, the Government of His Majesty the Emperor of China agree to lease to the Government of Her Majesty the Queen of Great Britain and Ireland, Wei-hai Wei, in the province of Shantung and the adjacent waters, for so long a period as Port Arthur snail remain in the occupation of Russia. The territory leased shall comprise the Island of Liu-kung and all other islands in the Bay of Wei-hai Wei, and a belt of ry ease . j^^^^ ^^ English miles wide along the entire coast line of the Bay of Wei-hai Wei. Within the above-mentioned territory leased Great Britain shall have sole jurisdiction. Great Britain shall have, in addition, the right to erect fortifications, station troops, or take any other measures necessary igr 0 0 ly. j^^ defensive purposes, at any points on or near the coast of the region east of the meridian 121° -10' east of Greenwich, and to acquire on equitable compensation within that territory such sites as may be necessary for water supply, communications, and hospitals. Within that zone Chinese administration will not be inter- fered with, but no troops other than Chinese or British shall be allowed therein.

It is also agreed that within the walled city of Wei-hai Wei, Chinese

officials shall continue to exercise jurisdiction except

righto. " ^°^* ^^ ^^^ ^^ '^^y ^^ inconsistent with naval and military

requirements for the defence of the territory leased.

It is further agreed that Chinese vessels of war,

Bighte of Chi- vvhether neutral or otherwise, shall retain the riffht to nese war ships.

use the waters herein leased to Great Britain.

o British Parliamentary Blue Book, China No. 1 {1899) ^ p. 199. For limits of ter- ritory leased, see map facing p. 45, supra.

60

TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 61

It is further understood that there will be no expropriation or

expulsion of the inhabitants of the territory herein

^^^P"*^*®" specified, and that if land is required for fortifications,

public oflScers, or any oflScial or public purpose, it

shall be bought at a fair price.

This Convention shall come into force on signature. It shall be rat- ified b}^ the Sovereigns of the two countries, and the ratifications shall be exchanged in London as soon as possible.

In witness whereof the undersigned, duly authorized thereto by their respective Governments, have signed the present agreement.

Claude M. MacDonald. Prince Ch'ing, Senior Member of the Taung-U Yamen^

LlAO SHOU-HfeNG,

President of Board of Panishnents.

Done at Peking in quadruplicate (four copies in English and four in Chinese) the 1st day of eluly in the year of our Lord 1898, being the 13th day of the 6th moon of the 24th year of Kuang-hsii.

No. 14.

GREAT BRITAIN— GERMANY.

AGREEMENT BETWEEN GREAT BRITAIN AND GERJiiANY DEFINING THEIR MUTUAL POLICY IN CHINA, a

Signed at London, 16th October, 1900.

Her Britannic Majesty's Government and the Imperial German Government being desirous to maintain their interests in China and their rights under existing Treaties, have agreed to observe the follow- ing principles in regard to their mutual policy in China:

1. It is a matter of joint and permanent international interest that the ports on the rivers and littoral of China should remain free and open to trade and to every other legitimate form of economic activity for the nationals of all countries without distinction; and the two Governments agree on their part to uphold the same for all Chinese territory as far as they can exercise influence.

2. Her Britannic Majesty's Government and the Imperial German Government will not, on their part, make use of the present compli- cation to obtain for themselves any territorial advantages in Chinese dominions, and will direct their policy towards maintaining undimin- ished the territorial condition of the Chinese Empire.

3. In case of another Power making use of the complications in China in order to obtain under any form whatever such territorial advantages, the two Contracting Parties reserve to themselves to come to a preliminary understanding as to the eventual steps to be taken for the protection of their own interests in China.

4. The two Governments will communicate this Agreement to the other Powers interested, and especially to Austria-Hungary, France, Italy, Japan, Russia, and the United States of America, and will invite them to accept the principles recorJLed in it.

Salisbury. Hatzfeldt.

o British Parliamentary Blue Book, China, No. 6 (1900). 62

Ko. 15.

NEGOTIATIONS BETWEEN THE POWERS AND CHINA FOR SETTLEMENT OF THE DISTURBANCES OF 1900.

(1) JOINT NOTE SIGNED BY ;rHE DIPLOMATIC REPRESENTATIVES AT PEKING OF GERMANY, AUSTRIA-HUNGARY, BELGIUM, SPAIN, THE UNITED STATES, FRANCE, GREAT BRITAIN, ITALY, JAPAN, THE NETHERLANDS, AND RUSSIA, EMBODYING CONDITIONS FOR REES- TABLISHMENT OF NORMAL RELATIONS WITH CHINA.

Signed at Peking Decbmbbb 22, 1900. Handed to the Chinese Plenipotentiarihb, Yi K'uANQ (Pbince Ch'ing) and Li Hung-chang, on December 24, 1900.

[Translation from French.]

During the months of May, June, July, and August of the present year serious disturbances broke out in the northern provinces of China and crimes unprecedented in human history — crimes against the law of nations, against the laws of humanity, and against civilization — were committed under peculiarly odious circumstances. The princi- pal of these crimes were the following:

1. On the 20th of June His Excellency Baron von Ketteler, German Minister, proceeding to the Tsungli Yamen, was murdered while in the exercise of his official duties by soldiers of the regular army, act- ing under orders of their chiefs.

2. The same day the foreign legations were attacked and besieged. These attacks continued without intermission until the 14th of August, on which date the arrival of foreign troops put an end to them. These attacks were made by regular troops, who joined the Boxers, and who obeyed orders of the Court, emanating from the Imperial Palace. At the same time the Chinese Government officially declared by its repre- sentatives abroad that it guaranteed the security of the legations.

3. The 11th of June Mr. Sugiyama, Chancellor of the Legation of Japan, in the discharge of an official mission, was killed by regulars at the gates of the city. At Peking and in several provinces foreigners were murdered, tortured, or attacked by Boxers and regular troops, and only owed their safety to their determined resistance. Their establishments were pillaged and destroyed.

4. Foreign cemeteries, at Peking, especially, were desecrated, the graves opened, the remains scattered abroad. These events led the

63

64 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA.

foreign Powers to send their troops to China in order to protect the lives of their Representatives and their nationals, and to restore order. During their march to Peking the Allied Forces met with the resist- ance of the Chinese armies and had to overcome it by force. China having recognized her responsibility, expressed her regrets, and mani- fested the desire to see an end put to the situation created by the dis- turbances referred to, the Powers have decided to accede to her request on the irrevocable conditions enumerated below, which they deem indispensable to expiate the crimes committed and to prevent their recurrence:

1. (a) Dispatch to Berlin of an extraordinary mission, headed by an Imperial Prince, to express the regrets of His Majesty the Emperor of China, and of the Chinese Government, for the murder of His Excel- lency the late Baron von Ketteler, German Minister.

(5) Erection on the place where the murder was committed of a com- memorative monument suitable to the rank of the deceased, bearing an inscription in the Latin, German, and Chinese languages, expressing the regrets of the Emperor of China for the murder.

2. (a) The severest punishment in proportion to their crimes for the persons designated in the Imperial decree of September 25, 1900, and for those whom the Representatives of the Powers shall subsequently designate.

(5) Suspension of all official examinations for five years in all the towns where foreigners have been massacred, or have been subjected to cruel treatment.

3. Honorable reparation shall be made by the Chinese Government to the Japanese Government for the murder of Mr. Sugiyama, Chan- cellor of the Japanese Legation.

4. An expiatory monument shall be erected by the Imperial Chinese Government in each of the foreign or international cemeteries which have been desecrated and in which the graves have been destroyed.

5. Maintenance, under conditions to be settled between the Powers, of the prohibition of the importation of arms as well as of material used exclusively for the manufacturing of arms and ammunition.

6. Equitable indemnities for governments, societies, companies, and private individuals, as well as for Chinese who have suffered during the late events in person or in property in consequence of their being in the service of foreigners. China shall adopt financial measures acceptable to the Powers for the purpose of guaranteeing the payment of said indemnities and the interest and amortization of the loans.

7. Right for each Power to maintain a permanent guard for its legation and to put the legation quarter in a defensible condition. Chinese shall not have the right to reside in this quarter.

8. The Taku and other forts, which might impede free communication between Peking and the sea, shall be razed.

TREATIES AKD CONTENTIONS WITH CHINA AND KOREA. 65

9. Right of military occupation of certain points, to be determined by an understanding between the Powers, for keeping open communi- cation between the capital and the sea.

10. (a) The Chinese Government shall cause to be published during two years in all subprefectures an Imperial decree embodying:

Perpetual prohibition, under pain of death, of membership in any antifo reign society;

Enumeration of the punishments which shall have been inflicted on • the guilty, together with the suspension of all official examinations in the towns where foreigners have been murdered or have been subjected to cruel treatment.

{h) An Imperial decree shall be issued and published everywhere in the Empire declaring that all Governors-General, Governors, and Provincial or local officials shall be responsible for order in their respective jurisdictions, and that whenever fresh antiforeign disturb- ances or any other treaty infractions occur, which are not forthwith suppressed and the guilty persons punished, they, the said officials, shall be immediately removed and forever prohibited from holding any office or honors.

11. The Chinese Government will undertake to negotiate the amend- ments to the treaties of conunerce and navigation considered useful by the Powers, and upon other subjects connected with commercial rela- tions, with the object of facilitating them.

12. The Chinese Government shall undertake to reform the Office of Foreign Affairs and to modify the court ceremonial relative to the reception of foreign Representatives in the manner which the Powers shall indicate.

Until the Chinese Government have complied with the above to the satisfaction of the Powers, the Undersigned can hold out no expecta- tion that the occupation, of Peking and the province of Chihli by the general forces can be brought to a conclusion. Peking, December 22, 1900.

For Germany, A. Mumm.

For Austria-Hungary, M. Czikann.

For Belgium, Joostens.

For Spain, B. J. de Cologan.

For United States of America, E. H. Conger.

For France, S. Pichon.

For Great Britain, Ernest Satow.

For Italy, Salvago Raggi.

For Japan, T. Nissi.

For Netherlands, F. M. Knobel.

For Russia, Michel de Gibrs.

27938—04 6

66 TREATIES AND COmTENTIONS WITH CHINA AND KOREA.

(2) REPLY OF THE CHINESE PLENIPOTENTIARIES TO THE JOINT NOTE OF DECEMBER 22, 1900.

Peking, January 16, 1901. [Translation.]

Under date of December 24, 1900, the Plenipotentiaries of Germany, Austria-Hungary, Belgium, Spain, the United States, France, Great , Britain, Italy, Japan, the Netherlands, and Russia, have sent Us the following Note:

(The Joint Note is here quoted textually and in its entirety):

We hastened to transmit the full text of this note to His Majesty the Emperor who, having taken cognizance of it, rendered the follow- ing decree:

" We have taken cognizance of the whole of the telegram of Yi K'uang and Li Hung-chang. It behooves Us to accept, in their entirety, the twelve articles which they have submitted to Us."

Consequently, we, Ch'ing, Prince of the first rank, Plenipotentiary, President of the Council of Foreign Affairs, and Li, Earl of the first rank, Su-yi, Plenipotentiary, Tutor to the Heir Apparent, Grand Sec- retary of the Wen-hua tien Throne Hall, Minister of Commerce, Superintendent of trade for the northern ports. Governor General of Chih-li,

Declare that we accept in their entirety the twelve articles which we have been requested to insure the transmission of to His Majesty the Emperor.

In witness of which we have signed the present protocol and we transmit to the foreign Plenipotentiaries a copy of the Edict of His Majesty the Emperor, bearing the Imperial Seal.

It is understood that in case of disagreement, the French text shall be authoritative.

Peking, 16 January^ 1901.

(Signed) Yi K'uang

(Prince Ch'ing).

[l. 8.] Ll

(3) FINAL PROTOCOL SIGNED ON COMPLETION OF NEGOTIATIONS.

Signed at Pbking Sbptembek 7, 1901. [Translation from French.]

The Plenipotentiaries of Germany, His Excellency M. A. Munmi von Schwarzenstein; of Austria-Hungary, His Excellency M. M. Czikann von Wahlborn; of Belgium, His Excellency M. Joostens; of Spain, His Excellency M. B. J. de Cologan; of the United States, His Excellency M. W. W. Rockhill; of France, His Excellency M. Paul Beau; of Great Britain, His Excellency Sir Ernest Satow; of

TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 67

Italy, His Excellency Marquis Salvago Raggi; of Japan, His Excel- lency M. Jutaro Komura; of the Netherlands, His Excellency M. F. M. Knobel; of Russia, His Excellency M. M. de Giers; and of China, His Highness Yi-K'uang Prince K'ing of the first rank, President of the Ministry of Foreign Affairs, and his Excellency, Li Hung-chang, Earl of Su-yi of the first rank, Tutor of the Heir Apparent, Grand Secretary of the Wen-hua Throne Hall, Minister of Commerce, Superintendent of Northern Trade, Governor-General of Chihli, have met for the purpose of declaring that China has complied to the satisfaction of the Powers with the conditions laid down in the Note of the 22nd of December, 1900, and which were accepted in their entirety by His Majesty the Emperor of China in a Deci'ee dated the 27th of Decem- ber 1900. (Annex No. 1)

Article 1*

By an Imperial Edict of the 9th of June, last, (Annex No. 2), Tsai Feng, Prince Chiin, was appointed Ambassador Mo^toB^Sn"*'' of His Majesty the Emperor of China, and directed in that capacity to convey to His Majesty the German Emperor the expression of the regrets of His Majesty the Emperor of China and of the Chinese Government for the assassination of His Excellency the late Baron von Ketteler, German Minister.

Prince Chiin left Peking the 12th of July last to carry out the orders which had been given him.

Article I^

The Chinese Government has stated that it will erect on the spot of

-, . ^ the assassination of H. E. the late Baron von Ketteler

Szpiatory monu- ment to Baron von a commemorative monument, worthy of the rank of

Ketteler. ^Yxe deceased, and bearing an inscription in the Latin,

German and Chinese languages, which shall express the regrets of

H. M. the Emperor of China for the murder committed.

Their Excellencies the Chinese Plenipotentiaries have informed His

Excellency the German Plenipotentiary, in a letter dated the 22nd of

July, last, (Annex No. 3) that an arch of the whole width of the street

would be erected on the said spot, and that work on it was begun the

26th of June, last.

Article II*

Imperial Edicts of the 13th and 21st of February, 1901 (Annexes

Punishments in- Nos. 4:, 5 and 6), inflicted the following punishments

fli^d on principal q^ the principal authors of the outrages and crimes

rages. committed against the Foreign Governments and their

nationals: Tsai-1 Prince Tuan, and Tsai Lan Duke Fu-kuo, were sentenced to

68 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

be brought before the Autumnal Court of Assize for execution, and it was agreed that if the Emperor saw fit to grant them their lives, they should be exiled to Turkestan and there imprisoned for life, without the possibility of commutation of these punishments.

Tsai Hsiin Prince Chuang, Ying-Nien, President of the Court of Censors, and Chao Shu-chiao, President of the Board of Punishments, were condemned to conmiit suicide.

Yii Hsien, Governor of Shanhsi, Ch'i Hsiu, President of the Board of Rites, and Hsii Cheng-yu, formerly Senior Vice President of the Board of Punishments, were condemned to death.

Posthumous degradation was inflicted on Kang Yi, Assistant Grand Secretary, President of the Board of Works, Hsii Tung, Grand Sec- retary, and Li Ping-heng, formerh'^ Governor General of Szu-ch'uan.

An Imperial Edict of February 13th, 1901 (Annex No. 7) rehabili- tated the memories of Hsii Yung-yi, President of the

B«habiUtationof g^^^rd of War, Li Shan, President of the Board of deoeased officials. ^ , ^

Works, Hsii Ching-cheng, Senior Vice President of

the Board of Works, Lien Yuan, Vice Chancellor of the Grand Coun- cil, and Yuan Chang, Vice President of the Court of Sacrifices, who had been put to death for having protested against the outrageous breaches of International law of last year.

Prince Chuang committed suicide the 21st of February, 1901, Ying Nien and Chao Shu-chiao the 24th, Yii Hsien was executed the 22nd, Ch'i Hsiu and Hsii Cheng-yu on the 26th. Tung Fu-hsiang, General inKan-su, has been deprived of his office by Imperial Edict of the 13th of February, 1901, pending the determination of the final punishment to be inflicted on him.

Imperial Edicts dated the 29th of April and 19th of August 1901, have inflicted various punishments on the provincial officials convicted of the crimes and outrages of last Summer.

Article II**

An Imperial Edict promulgated the 19th of August, 1901 (Annex Sugpension of ^^' ^)^ ordered the suspension of official examinations official examina- for five years in all cities where foreigners were mas- *"^' sacred or submitted to cruel treatment.

Article III

So as to make honorable reparation for the assassination of Mr.

Sugiyama, Chancellor of the Japanese Legation, His •ion^toJ^'L""" Majesty the Emperor of China by an Imperial Edict

of the 18th of June 1901 (Annex No. 9), appointed Na Tung, Vice President of the Board of Finances, to be his Envoy Extraordinary and specially directed him to convey to His Majesty the

TREATIES AND CO]STENTIONS WITH CHINA AND KOBE A. 69

Emperor of Japan the expression of the regrets of H. M. the Emperor of China and of his Government at the assassination of the late Mr. Sugiyama.

Article IV

The Chinese Government has agreed to erect an expiatoiy monu-

_ . ^ ment in each of the foreign or international ceme-

Expiatory mon- "

nments in dese- teries which were desecrated and in which the tombs erated cemeteries, ^^p^ destroyed.

It has been agreed with the Representatives of the Powers that the Legations interested shall settle the details for the erection of these monuments, China bearing all the expenses thereof, estimated at ten thousand taels for the cemeteries at Peking and in its neighborhood, and at five thousand taels for the cemeteries in the provinces. The amounts have been paid and the list of these cemeteries is enclosed herewith. (Annex No. 10).

Article V.

China has agreed to prohibit the importation into its territory of Prohibition of arnms and ammunition, as well as of materials exclu-

importation of sively used for the manufacture of arms and ammu-

""•• '^ nition.

An Imperial Edict has been issued on the 25th of August, 1901,

(Annex No. 11), forbidding said importation for a term of two years.

New Edicts may be issued subsequently extending this by other

successive tenns of two years in case of necessity recognized by the

Powers.

Article VI.

By an Imperial Edict dated the 29th of May, 1901 (Annex No. 12),

His Majesty the Emperor of China agreed to pay the

indemnitytothe Powers an indemnity of Four hundred and fifty mil- Powers. 1. i. TT .1 1

lions of Haikwan taels. This sum represents the total amount of the indemnities for States,

Companies or Societies, private individuals and Chinese referred to in

Article VI of the Note of December 22nd, 1900.

(a) These Four hundred and fifty millions constitute a gold debt Amount of in- calculated at the rate of the Haikwan Tael to the gold

denmity. currency of each country, as indicated below.

Haikwan Tael = marks 3. 055

= Austro-Hungary crown 3. 595

=gol(l dollar 0.742

=franc8 3.750

=pound sterling 0. 3s Od

=yen 1.407

=Netherland8 florin 1.796

=gold rouble (17.424 dolias fine) 1. 412

70 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

This sum in gold shall bear interest at 4 per cent, per annum, and the capital shall be reimbursed by China in thirty-nine im^CTement* "' ^^^^5 ^" ^^^ manner indicated in the annexed plan of amortization. (Annex No. 13). Capital and interest shall be payable in gold or at the rates of exchange corresponding to the dates at which the different payments fall due. The amortization shall commence the Ist of January, 1902, and shall finish at the end of the year 1940. The amortizations are payable annually, the first payment being fixed on the 1st of January, 1903. Interest shall run from the 1st of July, 1901, but the Chinese Gov- ernment shall have the right to pay off within a term of three years beginning January 1902 the arrears of the first six months ending the 31st of December 1901, on condition, however, that it pays compound interest at the rate of four per cent, per annum on the sums the payments of which shall have thus been deferred.

Interest shall be payable semi-annually, the first payment being fixed on the 1st of July 1902.

(b) The service of the debt shall take place in Seryiee of debt. oi. i_ • • ai_ ^ n

bhanghai, m the following manner:

Each power shall be represented by a delegate on a commission of

„ , , , bankers authorized to receive the amount of interest oommiMlon ox

bankers. Its du- and amortization which shall be paid to it by the Chi- ^®** nese authorities designated for that purpose, to divide

it among the interested parties and to give a receipt for the same.

(c) The Chinese Government shall deliver to the Doyen of the Diplomatic Corps at Peking a bond for the lump sum, which shall subsequently be converted into fractional bonds bearing the signa- tures of the delegates of the Chinese Government designated for that purpose. This operation and all those relating to issuing of the bonds shall be performed by the above mentioned commission, in accordance with the instructions which the Powers shall send their delegates.

(d) The proceeds of the revenues assigned to the payment of the bonds shall be paid monthly to the Commission.

(e) The revenues assigned as security for the bonds are the following':

•o^„^ ^ «. 1' The balance of the revenues of the Imperial

Sevenues as- «-^ . . -, *

■i^ed as security Maritime Customs after payment of the interest and

for bonds. amortization of preceding loans secured on these reve-

nues, plus the proceeds of the raising to five per cent, effective of the present tariff on maritime imports, including articles until now on the free list, but exempting f oreigYi rice, cereals, and flour, gold and silver bullion and coin.

2. The revenues of the Native Customs, administered in the open ports by the Imperial Maritime Customs;

TREATIES AND OOITSrENTIONB WITH CHINA AND KOBE A. 71

3. The total revenues of the salt gabelle, exclusive of the fraction

previously set aside for other foreign loans.

The raising of the present tariff on imports to five per cent, effective

is agreed to on the conditions mentioned below. It

inoreage of tar- g^all be put in force two months after the sigrnin&r of iff on importi. ^ ,

the present protocol, and no exceptions shall be made

except for merchandise shipped not more than ten days after the said

signing.

1. All duties levied on imports ad valorem shall be converted as far as possible and as soon as may be into specific duties.

Igpeci^ duties T:\A^ conversion shall be made in the following man- ner: The average value of merchandise at the time of their landing during the three years 1897, 1898 and 1899, that is to say, the market price less the amount of import duties and incidental expenses shall be taken as the basis for the valuation of merchandise.

Pending the result of the work of conversion, duties shall be levied ad valorein.

im V m t f ^* ^^® h^A» of the Rivers Peiho and Whangpoo Feiho and Whang- shall be improved with the financial participation of poo channels. China.

Article VJI

The Chinese Government has agreed that the quarter occupied by

the Legations shall be considered as one specially

Quarter for le- reserved for their use and placed under their exclusive gaUons in Peking. ...

control, in which Chinese shall not have the right to

reside and which may be made defensible.

The limits of this quarter have been fixed as follows on the annexed plan: (Annex No. 14)

On the West, the line 1, 2, 3, 4, 5

On the North, the line 5, 6, 7, 8, 9, 10

On the East, Ketteler Street (10, 11, 12)

On the South the line 12.1, drawn along the exterior base of the Tartar Wall and following the line of the bastions.

In the Protocol annexed to the letter of the 16th of January, 1901, China recognized the right of each Power to maintain a permanent guard in the said quarter for the defense of its Legation.

Articjle Vin

The Chinese Government has consented to raze the forts of Taku and those which might impede free conununication Baling of forti. jj^^^q^^ Peking and the sea; steps have been taken for carrying this out.

72 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA.

Article IX

The Chinese Government has conceded the right to the Powers in

« . ^ ^ . the Protocol annexed to the letter of the 16th of Jan-

Pomts to be 00- i . i

cupied mUitarUy uary 1901 to Occupy certain points, to be determined by powers. y^y j^^ agreement between them for the maintenance of

open commimication between the capital and the sea. The points occupied by the Powers are:

Huang-tsun, Lang-fang, Yang-tsun, Tien-tsin, Chun-liang Cheng, Tong-ku, Lu-tai, Tong-shan, Lan-chou, Chang-li, Ch'in-wang Tao, Shan-hai Kuan.

Article X

* The Chinese Government has agreed to post and to have published during two years in all district cities the following

edSto"'*^'*'' °^ Imperial Edicts:

(a) Edict of the 1st of February, 1901 (Annex No. 15), prohibiting for ever, under pain of death, membership in any anti- foreign society.

(b) Edicts of the 13th and 21st February, 29th April and 19th August, enumerating the punishments inflicted on the guilty;

(c) Edict of the 19th August, 1901, prohibiting examinations in all cities where foreigners were massacred or subjected to cruel treatment.

(d) Edict of the Ist of February, 1901 (Annex No. 16) declaring all Governors-General, Governors and Provincial or local officials respon- sible for order in their respective districts, and that in case of new anti-foreign troubles or other infractions of the treaties which shall not be immediately repressed and the authors of which shall not have been punished, these officials shall be immediately dismissed without possibility of being given new functions or new honors.

The posting of these Edicts is being carried on throughout the Empire.

Article XI

The Chinese Government has agreed to negotiate the amendments

^ deemed necessary by the Foreign Governments to the

treaUes of com- Treaties of Commerce and Navigation and the other

"®'^- subjects concerning commercial relations with the

object of facilitating them.

At present, and as a result of the stipulation contained in Article

^ , VI concerning the indemnity, the Chinese Govern- Improvement of ^ ® ...... ^ <• . i

connes of Peibo ment agrees to assist in the improvement of the courses

and Whangpoo. ^f ^j^^ rivers Peiho and Whangpoo, as stated below.

(a) The works for the improvement of the navigability of the Peiho,

begun in 1898 with the co-operation of the Chinese Government, have

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 73

been resumed under the direction of an International Commission. As soon as the administration of Tientsin shall have been handed back to the Chinese Government it will be in a position to be represented on this Commission, and will pay each year a sum of Sixty thousand Haikwan Taels for maintaining the works.

(b) A Conservancy Board, charged with the management and con- trol of the works for straightening the Whangpoo se^^Sr^oard*^" *°^ *^® improvement of the course of that river is hereby created.

This Board shall consist of members representing the interests of the Chinese Government and those of foreigners in the shipping trade of Shanghai.

The expenses incurred for the works and the general management of the undertaking are estimated at the annual sum of Four hundred and sixty thousand Haikwan Taels for the first twenty years. This sum shall be supplied in equal portions by the Chinese Government and the foreign interests concerned. Detailed stipulations concerning the composition, duties and revenues of the Conservancy Board are embodied in Annex No. 17.

Article XII

An Imperial Edict of the 24:th of July 1901 (Annex No. 18), reformed the Office of Foreign Affairs, Tsung-li Yamen, on the

of^oreiraoffiM^^ lines indicated by the Powers, that is to say, trans- formed it into a Ministry of Foreign Affairs (Wai-wu

Pu), which takes precedence over the six other Ministries of State; the

same EJdict appointed the principal members of this Ministry. An agreement has also been reached concerning the modification of Court ceremonial as regards the reception of Foreign

niai at audienoei.' Representatives and has been the subject of several notes from the Chinese Plenipotentiaries, the substance

of which is embodied in a memorandum herewith annexed (Annex

No. 19). Finally, it is expressly understood that as regards the declarations specified above and the annexed documents originating

thoritotive. " ^^^^ *^® Foreign Plenipotentiaries, the French text only is authoritative. The Chinese Government having thus complied to the satisfaction of the Powers with the conditions laid down in the

^ Bates of evacna- ^^^^ mentioned Note of December 22nd, 1900, the Powers have agreed to accede to the wish of China to

terminate the situation created by the disorders of the summer of 1900.

In consequence thereof the Foreign Plenipotentiaries are authorized

to declare in the names of their Governments that, with the exception

of the Legation guards mentioned in Article VII, the International

74 TREATIES AND CONVENTIONS WITH CHINA AND KOREA.

troops will completely evacuate the City of Peking on the 17th Sep- tember, 1901, and, with the exception of the localities mentioned in Article IX, will withdraw from the Province of Chihli on the 22d of September 1901.

The present final protocol has been drawn up in twelve identic copies and signed by all the Plenipotentiaries of the contracting countries One copy shall be given to each of the Foreign Plenipotentaries, and one copy shall be given to the Chinese Plenipotentiaries.

Peking, 7th September 1901.

A. V. MUMM M. CZIKANN

JOOSTENS	Signatures
B. J. DE COLOGAN	and
W. W. ROCKHILL	seals
Beau	of
Ernest Satow	Chinese
Salvado Baggi	Plenipotentiaries.
JUTARO KOMURA
M. DE GlERS
• Annex No. 1.
IMPERIAL EDICT OF THE 27TH DECEMBER, 1900.
[Translation.]
[Seal of the Emperor.]

The 6th day of the 11th moon of the 26th j^ear of Kuang-hsu (27 December, 1900), the following Edict was rendered:

''We have taken cognizance of the whole telegram of Yi-K'uang and Li Hung-chang. It is proper that We accept in their entirety the twelve articles which they have submitted to us."

'' Respect this!"

Annex No. 2.

IMPERIAL EDICT OF THE 9TH OF JUNE, 1901.

[Translation.]

'' We confer on Tsai Feng, Prince Ch'iin of the first rank, the title of Ambassador extraordinary'-, and We direct him to proceed to Ger- many to respectfully discharge the mission which We confide to him.

"Chang Yi, reader of the Grand Chancellery, and Yin Ch'ang, mili- tary Lieutenant-Governor, shall accompany him as secretaries.

"Respect this!"

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 75

Annex No. 3.

DESPATCH OF PRINCE CH'ING AND OF LI HUNG-CHANG OF THE 22 JULY, 1901, TO HIS EXCELLENCY M. DE MUMM, GERMAN PLENIPO- TENTIARY.

[Traxulatioii.]

[OfBclal reply.]

On the 3d day of the 6th moon of the present year (18th of June 1901), We have received from Your Excellency the following official communication:

''Messrs. Jui-liang, secretary, and Lien-fang, expectant taotai, delegates entrusted with carrying out Article I of the Joint Note pro- viding for the erection of a commemorative monument on the place of the assassination of Baron von Ketteler, former Minister of Germany, commenced some time ago the discussion of the subject with my Lega- tion, and have taken up the question of the plan of this monument.

" During frequent conversations they have stated that if it were necessary that a commemorative arch in marble, from Ta-li and extending the whole width of the avenue of Ch'ung-wen-men, should be erected on the spot of the assassination, the work would require a great deal of time, in view of the difficulty in transporting the mate- rials; but as to adopting some other means, either of transferring to the place of the assassination an archway erected at the present time in some other spot, or of putting up a new arch, or of using an old archway to be transported to the place, they left this to the determi- nation of my Government.

'' I at once telegitiphed my Government to inform me of its views.

" The reply which I have just received informs me that His Majesty the Emperor of Germany has himself decided that a new archway extending across the whole width of the street should be put up.

" I have consequently to urgently request you to take immediate steps, so that the work may begin at once."

We, Prince and Minister, have at once directed the said secretary and taotai to act in conformity. According to the report which they have sent us, " the work was begun on the 10th day of the 5th moon (25th of June) by the foundations. But a certain length of time is necessaiy for getting out the stone, cutting it and for the transportation of mate- rials; and the only thing that can be done is to watch that the workmen use their best endeavors to carry on promptly the work."

Besides having directed that We should be kept informed of the exe- cution of the work. We deem it necessary to send the present official reply to Your Excellency, requesting you to take note of it.

76 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA.

Annex No. 4.

IMPERIAL EDICT OF THE 13TH OF FEBRUARY, 1901.

[Translation.]

Since the 6th moon (end of May) the Boxers have created trouble in the capital and have begun hostilities against friendly countries. Yi-K'uang and Li Hung-chang are negotiating for peace at Peking with Representatives of the Powers, and a whole preliminary arrange- ment has already been signed.

(If) We consider the commencement of these events, we find that they are attributable to several stupid Princes and Ministers, insane, absolutely ignorant, turbulent, and who have ignored the laws. They had most absolute confidence in pernicious methods and have led on the Court. Not only did they refuse to obey Our orders to exterminate the Boxers, but the\^ have been so far as to believe in them, and, stu- pidly, they began to attack (the Legations). So it was that this evil fire spread abroad, and circumstances did not permit of its being stopped, several tens of thousands of evil-doere having assembled at the elbow and the armpit (that is to say, at the most important points). Further- more, the leaders forced generals and ignorant soldiers to attack the Legations, and so it befell that inconceivable evils persisted for sev- eral months.

The tutelary deities of the Empire have been in danger, the Impe- rial tombs and the temples of Ancestors have trembled, the country has been devastated; the inhabitants are plunged in misery. No words can express the dangers which We and H. M. the Empress Dowager have been exposed to. Our heart and Our head are still painful; Our tears and Our resentment are confounded. It is to you, Princes and Ministers, who, by believing in evil words and allowing evil-doers free hand, have put in danger in Heaven our Ancestors and Our gods, and who here below have caused the people to endure these calamities. Do you ask what punishments you deserve?

We have alread}^ issued two decrees. But, considering that such light punishment for such grievous faults could not be sufficient to make you expiate your crimes. We must impose upon you new and more severe punishments according to your degree of guilt.

Tsai-Hsun, Prince Chuang, already degraded, allowed the Boxers to attack the Legations. He, on his own authority, published procla- mations contrary to the treaties; he lightl}'^ believed the statements of evil-doers; he unlawfully caused to be decapitated a great number of persons; he has shown himself, of a truth, vulgar and stupid. We invite him, as a favor, to commit suicide. We direct Ko-pao-hua, acting president of the Court of Censors, to go and see (that the suicide has taken place).

Tsai-I, Prince Tuan, already degraded, led away with him several Princes and Peilo (Princes of the 3d class). He foolishly gave heed

TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 77

to the Boxers and stupidly advised fighting. So all these troubles broke out; his faults, of a truth, can not be ignored. Tsai-Lan, Duke Fu-kuo, reduced in rank, in concert with Tsai-Hsiin, foolishly pub- lished proclamations contrary to the treaties. He should also be pun- ished for his faults. We deprive them of their nobiliary titles, but, considering that they belong to our family, we order, by special act of grace, that they be sent to Hsin-chiang (Hi) where the}^ shall be condemned to prison for life. Deputies shall be at first sent to watch them.

Yii-Hsien, degraded governor, foolishly believed, when formerly discharging the duties of governor in Shantung, in the charms of the Boxers. Arriving in Peking, he extolled them so highly that several Princes and Ministers fell under his evil influence. Being governor of Shansi, he massacred a great number of missionaries and Christians. He is worse than an imbecile, than a fool, than a murderer; he is the chief culprit and the author of all these calamities. He has already been sent to Hsin-chiang, and, believing that he has arrived in Kan-su, We order that, on the receipt of the order which We send, he shall be at once beheaded. We direct the Provincial Judge Ho Fu-kun to see that the penalty is carried out.

Kiing-Yi, Assistant Grand Secretary of State, President of the Board of W^orks, having lent his aid to the Boxers, serious disturbances broke out. He aided in publishing proclamations contrary to the treaties. A severe punishment was to have been inflicted on him at first, but he has died of disease. "We order that the honors which he previously held shall be withdrawn from him and that he be at once degraded.

Tung Fu-hsiang, general in Kan-su, degraded but retained in ofiice, entered (Peking) to defend (the city) with the troops under his orders; he was unable to maintain strict discipline. Ignorant, furthermore, of international questions, he followed his ideas and acted in an incon- siderate manner. Although the attacks on the Legations were ordered him by the above degraded Princes, it is nevertheless difficult to absolve him of all faults. We intended in the first instance to have punished him severely, but, considering the signal services he has rendered in Ean-su and the sympathy felt for him by Mussulman and Chinese, as an act of extraordinary grace, We order that he shall be immediately degraded.

Ying-Nien, President of the Court of Censors, reduced in rank and displaced, opposed Tsai-Hsiin publishing on his own authority procla- mations contrary to the treaties. We may make due allowance for this circumstance, but as he was not able to overcome (this resistance) by force, it is, after all, difficult to absolve him. We order, as a mark of great benevolence, that he be degraded. We condemn him to death, and he shall await in prison that his case be passed on.

78 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBLA.

Chao Shu-chiao, President of the Board of Punishments, degraded and retained in office, had never shown till then any unfriendly feeling in relations with the Foreign Powers. Having made a report on the Boxers, he said nothing in their favor, but through his negligence faults were made. We order, as a special act of gi'ace, that he be degraded. We condemn him to death, and he will await in prison that his case be passed on.

We command that Ying-Nien and Chao Shu-chiao be in the first place confined in the prison of the capital of Shensi.

Hsu Tung, Grand Secretary of State, and Li Ping-heng, former Governor-General of Sze-chuan, reduced in rank and displaced, died for their country, but everyone knows their faults. We order that they be degraded, and We deprive them of the posthumous honors which We had conferred on them.

After the promulgation of this decree all our friendly nations should recognize that the events caused by the Boxers are in truth only attrib- utable to the principal authors of trouble and in no wise to the wishes of the Court.

We, the Emperor, not lightly punishing several of the principal authors of trouble, the officials and the people of the Empire will understand at once that the consequences of such acts are most serious.

"Respect this I"

Annex No. 5.

IMPERIAL EDICT OF THE 13 FEBRUARY, 1901.

[Translation.]

Ch'i Hsiu, President of the Board of Bites, and Hsu Cheng-yu, for- merly senior Vice-President of the Board of Punishments, are in the first place to be degraded.

Weirder Yi K'uang and Li Hung-chang to obtain exact proof of their guilt and to send Us at once a report. They shall be punished with the greatest severity.

" Respect this!"

Annex No. 6.

IMPERIAL EDICT OF THE 21 FEBRUARY, 1901.

[Translation.]

Edict published and sent telegraphically the 3rd day of the 1st moon (21 February, 1901), and received on the 4th by the Grand Chancellery.

"By a former Edict We had already severely punished, according to the several cases, all the high officials, the principal authors of the present misfortunes. But We received some time ago a telegraphic

TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 79

report from Yi-K'uang and Li Hung-chang telling Us that, according to an official despatch from the Ministers Plenipotentiary of the vari- ous Powers, new and severer punishments were necessary, and begging Us to take action.

"Besides Tsai-Hsun, who has been ordered to commit suicide, and Yu-Hsien, against whom has been pronounced the penalty of inune- diate decapitation, and for each of whom deputies have been ordered to go see that (the sentences have been carried out), We decide that the penalty to be inflicted on Tsai-I (Prince Tuan) and Tsai-Lan (Duke Lan) is decapitation with reprieve; nevertheless, in view of the rela- tionship in which they stand to Us, We show them the special act of grace of sending them to the frontier of the Empire, in Turkestan, where they shall be imprisoned for life. A deputy to take them under escort shall be designated, and shall leave at once.

''As to ICang-Yi, whose crimes were greater, the penalty should have been immediate decapitation, but as he has already died of disease, as an act of grace, he shall be spared further inquiry into his case.

"As regards Ying-Nien and Chao Shu-chiao, whose punishments, according to Our former decisions, were to have been decapitation with reprieve, We command that they be requested to commit suicide, and We direct Ch'en Ch'un-huan, Governor of Shan-si, to go and verify (their deaths).

"As to Ch'i Hbiu and Hsii Cheng-yu, whom the Powers designate as the most ardent protectors bf the Boxer bandits, and as having most particularly done harm to foreigners. We had previously ordered their degradation; We (now) order Yi-K'uang and Li Hung-chang to ask the Towel's, by despatch, for their surrender, and to have them executed at once. One of the Presidents of the Board of Punishments shall be directed to verify (their execution).

"As to Hsu Timgj who compromised the great general interests by putting his confidence in the Boxers, and Li Ping-heng, whose brag- ging ways directly brought about these misfortunes, the punishment which should have been theirs was decapitation with reprieve; but taking into consideration the fact that they committed suicide when they saw the disaster coming, and that they have already been degraded, and that the posthumous honors which had been granted them have been annulled and withdrawn, it is needless to take up their cases.

"The nature of the crimes committed by all the principal authors of the wrong has been set forth in a clear and detailed way in previous decrees.

"Respect this 1"

80 TEEATIES AND CONVENTIONS WITH CHINA AND KOBEA.

Annex No. 7.

IMPERIAL EDICT OF THE 13TH FEBRUARY, 1901.

[Translation.]

"The trouble brought about by the Boxers durmg the 5th moon (May-June) having spread froni day to day, the Court had two diffi- cult methods to adopt — to take coercitive measures or to pacify them. In the hope that a line of conduct would be shown Us the Ministers were several times called in audience.

"We have repeatedly questioned Hsii Yung-yi, President of the Board of War, Li-Shan, President of the Board of Finance, Hsii Ching- cheng, senior vice-President of the Board of Works, Lien- Yuan, vice- Chancellor of the Grand Council, Yuan-Chang, vice-President of the Court of Sacrificial Worship.

" In their speech and in their mind all admitted that the two methods were possible. Several Ministers, instigators of trouble, availing themselves of this fact, unjustly accused them, handed in memorials in which they denounced them. So it came about that they were severely punished in their persons.

" But considering that Hsii Yung-yi and the others showed great zeal for many years and have always had charge of international questions, that they may have been faithful, and that they had shown themselves industrious. We should grant them a favor.

" We command that Li-Shan, Hsu Yung-yi, Hsu Ching-cheng, Lien- Yuan, and Yuan-Chang be restored to their former honors.

" Let the ministry concerned be informed."

"Respect this!".

Annex No. 8.

IMPERIAL EDICT OF THE 19TH AUGUST, 1901.

[Translation.]

Edict received by the Grand Chancellery the 6th day of the 7th moon of the 27th year Kuang-hsii (19 August, 1901).

" Considering the report of this day by which Yi-K'uang and Li Hung-chang inform Us that the foreign Powers have decided on the suspension during five years of civil and military examinations in the localities where troubles have taken place;

'^Considering that it is declared that this suspension shall remain applicable to the local examinations for licentiates of Shun-t'ien and of T'ai-yuan;

'* Considering the list comprising the localities of —

''Province of Shan-si: T'ai-yuan Fu, Hsin-chou, Tai-ku Hsien, Ta-t'ung Fu, Fen-chou Fu, Hsiao-i Hsien, Ch'u-wo Hsien, Ta-ning

TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 81

Hsien, Ho-ching Hsien, Yiieh-yang Hsien, So-p'ing Fu, Wen-shui Hsien, Sbuo-yang Hsien, P'ing-yang Fu, Ch'ang-tzu Hsien, E[ao-p'ing Hsien, Tse-chou Fu, Hsi Chou, P'u Hsien, Chiang-ehou, Kuei-hua Ch'eng, Sui-yuan ch'eng;

"Province of Ho-nan; Nan-yang Fu, Kuang-chou;

"Province of Che-chiang: Ch'u-chou Fu;

"Province of Chih-li; Pei-ching, Shun-t'ien Fu, Pao-ting Fu, Yung-ching Hsien, Pien-ching Fu, Shun-te Fu, Wang-tu Hsien, Huai-lu Hsien, Hsin-ngan Hsien, T'ung-chou, Wu-i Hsien, Ching- chou, Luan-ping Hsien:

"Three provinces of Manchuria: Sheng-ching (=Mukden), Chia-tzti- ch'ang, Lien-shan, Yu-ch'ing-chieh, Pei-Iin-tzu, Hu-lan Ch'eng;

"Province of Shen-si: Ning-chiang Chou;

"Province of Hu-nan: Heng-chou Fu;

" We command that in all these localities civil and military exami- nations shall be suspended during a period of five years, and We order all governors-general, governors, and examiners of the aforesaid prov- inces, to act in conformity and to publish proclamations."

"Respect this!"

Annex No. 9.

IMPERIAL EDICT OF 18TH OF JUNE, 1901. [Tranfllation.]

Ikiict received by telegraph from Hsi-an-Fu the 3d day of the 6th moon (18th of June, 1901):

We confer on Na Tung, second Vice-President of the Boaixi of Finances, the official button of the first rank, and we designate him as special Envoy to go to Japan and to there respectfully discharge the mission We entrust to him.

"Respect this!"

Annex No. 10.

LIST OF CEMETERIES SITUATED IN THE NEIGHBORHOOD OF PEKING AND WHICH HAVE BEEN DESECRATED.

British cemetery One

French cemeteries _ _ Five

Russian cemetery _ _ _ One

Total Seven

27938^-04 6

82 TfiEATIES AND CONVENTIONS WITH CHINA AND KOREA.

Annex No. 11.

IMPERIAL EDICT OF THE 25TH OF AUGUST, 1901. [Translation.]

We command all Tartar Generals, Governors General, and Governors of provinces, as well as the Customs taotais, to forbid, in the first place for a period of two years, the importation of implements of war as well as of material serving exclusively in their manufacture and of foi>eign origin.

Inform the ministry concerned.

''Respect thisl"

Annex No. 12.

DESPATCH OF FRINGE CH'ING AND LI HUNG-CHANG TO M. DE COLOGAN, minister of SPAIN, DOYEN OF THE DIPLOMATIC BODY (29 MAY, 1901).

[Translation.]

The 12th day of the 4th moon of the 27th year of Kuang-hsu (29th May, 1901).

OflBcial Reply.

The 7th day of the 4th moon of the present year (24 May, 1901,) we received from Your Excellency the following official despatch:

''I have the honor to acknowledge to Your Highness and Your Excellency receipt of the letter which you were pleased to send me in reply to my communication dated May 7th concerning the indemnities. In the letter to which Your Highness and Your Excellency have just replied we informed you that the approximate figure of the expenses incurred and of the losses sustained by the Powers amounted to the sum of 450 millions of taels, calculated to the 1st of July of the current year.

''In reply to this communication Your Highness and Your Excel- lency have informed me that the Chinese Government proposed to pay off this sum to the powers by monthly payments of 1,250,000 taels during 30 years.

"The Representatives of the Powers have not failed to transmit this proposal to their Governments. But they must call the attention of Your Highness and Your Excellency to the fact that the total of the payments proposed by the Chinese Government only represents the capital of the sum mentioned, without the question of interest having been taken account of.

"I consequently beg Your Highness and Your Excellency to be so kind as to inform us as soon as possible of the intention of the Chinese Government in this respect."

In considering in a previous despatch the question of indemnities, we explained to Your Excellency the penury of the Chinese treasury.

TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 83

In your last communication Your Excellency is pleased to call our attention to the fact that the annual payments of fifteen millions of taels which we proposed only represent the capital, and you now call our attention to the question of interest.

As we, on our side, had already considered that besides the capital there also had to be taken into consideration the question of aimual interest at 4 per cent, we had already, by telegram, submitted to the Throne proposals on this subject, and in reply we have received an Imperial Edict, stating that " the figure of four hundred and fifty mil- lions of indemnities to be paid the Powers, with interest at 4 per cent, is approved," and we are commanded to take the necessary measures to carry out this decision.

We have, therefore, only to comply with the orders of the Throne.

Nevertheless this obliges us to recall to Your Excellency that the financial resources of China are so restricted that nothing more can be taken from them possibly beyond the fifteen millions of taels which we have already proposed to Your Excellency to devote specially to the payment of indemnities, but as this sum must not only furnish payment of the capital, but also that of interest, we have no other alternative to propose than to prolong the term of payments, which we had in the first place fixed at 30 years, in such a way that the instalments paid during the first period of this term thus extended shall be considered as destined to extinguish the capital, while those made during the second period shall be applied to liquidating the interest account, after which all payments would cease through the extinction of the debt. The Imperial Maritime Customs, already entrusted as we suggested, with the payments of the capital, would likewise be entrusted with the payments on account of interest. As to the amount of the annual interest, it would be understood that it would decrease propor- tionately every year, according to the progressive reduction of the capital.

We have the honor to request Your Excellency to kindly inform us what you think of the plan we suggest above to pay off both capital and interest, or if in your opinion it would not be better to consider a portion of the fifteen millions paid annually as an instalment on the capital to be paid off, and the balance as an instalment on the interest. These details require a careful examination, and demand a previous and full understanding between the parties.

China having thus shown its good will in assenting to the demands of the Powers on the question of the indemnity, and in taking all the necessary steps to insure an integral payment of it, we hope to have soon the satisfaction of learning that the Powers are in a position to fix an early date for the evacuation.

We have the honor to request Your Excellency to kindly communi- cate the above to the Representatives of the Powers.

84

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Annex No. 14.

DESCRIPTION OF THE BOUNDARIES OF THE LEGATION QUARTER AT

PEKING.

Point 1 is situated on the south wall of the Tartar City an hundred feet to the east of the east side of the superstructure of the Ch'ien Men. From this point the boundary runs for a distance of two hun- dred and sixteen feet, following a line nearly due north, as far as

Point 2, southeast corner of the balustrade in white stone which encloses the open paved space before the principal entrance of the Imperial City.

From this point the boundary runs for a length of three hundred and ten feet along the east side of this balustrade, nearly directly north until

Point 3, situated on the north side of the road which forms a con- tinuation of Legation street, and is at the intersection of the boundary line coming from 2 and of a line drawn along the continuation of the north side of the Legation street.

From this point the line runs for a length of six hundred and forty- one feet and a half (measured around and in the angles of the wall) along the north side of Legation street as far as

Point 4, at one hundred and forty -six to the west of the corner (southwest) of Gaselee road, measured along the north of Legation street.

From this point the boundary runs for a length of two thousand one hundred and fifty-two feet (measured around and in the angles of the buildings) in a general northerly direction, but following the line of the buildings now existing and, in the open spaces between the build- ings, a line parallel to the general line of the buildings on the left side of Gaselee road and at one hundred and fifty -seven feet on the west side of the west side of the gate which leads from Gaselee road to the exterior court of the Imperial City, as far as

Point 6, on the south side of the south wall of the interior court of the Imperial City, and at one hundred and fifty-seven feet from the west side of the gate at the end of Gaselee road.

From this point the line runs for a distance of one thousand two hundred and eighty -eight feet nearly directly toward the east, along the wall as far as

Point 6, southeast corner of the exterior court of the Imperial City.

From there the line runs nearly directly^ north along the wall for a distance of two hundred and eighteen feet measured in a straight line to

Point 7, northeast corner of the exterior court.

From there the line runs nearly due east for a distance of six hundred and eighty-one feet to

Point 8, southeast corner of the wall of the Imperial City.

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TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 87

From there the boundary runs nearly due north for a distance of sixty -five feet along the wall to

Point 9, at sixty -five feet from the southeast corner of the wall of the Imperial City.

From there the boundary runs direct due east for a distance of three thousand and ten feet to

Point 10, on the west side of Ketteler Strasse and at three hundred feet from the angle of intersection of Ketteler Strasse and the Viale Italia.

From this point the boundary runs nearly due south along the west side of Ketteler Strasse to

Point 11, northwest corner of the archway of the Hatamen, on the south wall of the Tartar City.

From there the boundary runs along the wall and includes the west ramp of the Hatamen to

Point 12, on the wall at one hundred feet to the west of the super- structure of the Hatamen.

From' Point 12, the boundary follows the south side of the wall, as shown in the plan, including in it the bastions and joins 1.

The points of the plan which have been fixed are the following:

A. Point at one hundred and seven feet from the superstructure of the Chien-Men, measured to the east along the north side of the crest of the wall of the Tartar City.

B. Point on the top of the north edge of the wall of the Tartar City, exactly above the middle of the canal for the drainage of water.

C. Northwest corner of the superstructure of the Hatamen.

Annex No. 16. IMPERIAL EDICT OF FEBRUARY 1, 1901.

In all the provinces bandits called for followers and established antiforeign societies. Various edicts were issued formally forbidding this. We repeated this many times, but, nevertheless, in late years there have been in all the Shan-tung districts sects under the name of Ta-tao-huei (Great Knives Society) and I-ho-chuan (Boxers), which spread everywhere, with the object of willful murder and theft. Little by little they reached the Chih-li territory and suddenly entered the capital, where they set fire to the foreign establishments and attacked the Legations. Crimes were also committed against neigh- boring countries and offenses against the general interest. For not having assured protection we have incurred heavy responsibilities.

You people who in ordinary times nourish yourselves and live from the products of this land, and who have all been loaded with the Empire's favors — you have, however, dared to incite these bandits

88 TREATIES AJS^D CONVENTIONS WITH CHINA AND KOREA.

with the desire to fight, to teach methods for casting spells, and to devote themselves to false practices. You have rashly resisted your officials, whom you have massacred; you have assassinated foreigners, and then you have been the cause of unprecedented calamities, which above all else have plunged your Sovereign and your fathers in grief.

We can not think of what has been done without feeling a still deeper resentment. We have already formally ordered the Commanders in chief of all the regions to use their most strenuous efforts to destroy these societies. It is incumbent that the root of the evil be suppressed, and the Princes and Ministers who have lent their support to the Boxers shall suffer the heaviest penalties according to their crimes, and in order to inspire fear, all civil and military examinations shall be suspended during five years in all cities where foreigners were massacred or suffered cruel treatment.

Fearing lest the ignorant rural populations may not hear (of these punishments), new and severe prohibitions shall be specially made in order to avoid the execution of people who have not been notified.

You, soldiers and people, should know that it is formally forbidden by law to organize or belong to secret societies. Our ancestors have never shown the slightest indulgence in the repression of societies of malefactors. '

Moreover, the foreign Powers are all friendly countries, the Chris- tians are children of our blood whom the Court regards with a same kindness, and It could not allow different sentiments to be displayed towards them. All Chinese, whether Christians or not, who may be illtreated, should complain to the authorities and wait until a fair and equitable judgment is rendered. How can you lightly believe all the rumors which have been spread? How can you disregard the penal laws?

Then, when all is lost, the clever ones save thenaselves by flight and the innocent are put to death. The law is slow to pardon, and all that has happened is really very regrettable. From the publication of this present edict, each one must reform and repent him of the teaching he has received.

If hardened and incorrigible malefactors should again secretly organ- ize antiforeign societies, they shall be punished by death, as well as those belonging to these societies. They shall not be shown the slightest mercy.

The Tartar Generals, Governors-General, Governors, and High pro- vincial Authorities, whose duty it is to direct the population, should give explicit instructions to their subordinates to publish severe proc- lamations and to have the present edict printed on yellow paper, which shall be posted in all parts of the Empire. It is important that all families be notified, and urged to good conduct, and that all be informed that the will of the Court is that everyone should thoroughly

TBBATTES AND OONVEJS^TIONS WITH CHINA AND KOREA. 89

understand that punishments will be meted out, in order to avoid the necessity of inflicting other punishments.

Let this edict be made known to all i*^ t!:n Empire.

"Eespectthisl"

Annex No. 16. IMPERIAL EDICT OF FEBRUARY 1, 1901.

[Translation.]

It has been stipulated in the treaties concluded between China and the Foreign Powers that the citizens of these Powers shall be allowed to penetrate into the interior.

The Court, in order to assure and maintain relations with other countries, has already published decrees ordering that most sincere efforts be made in the provinces to assure protection. Nevertheless, the local authorities having gradually grown lax (in the exercise of their duties), malefactors have caused trouble, and attacks have been directed against foreigners. Similar incidents have repeatedly occurred.

We realize that our ability was too limited to reform the ignorant people, and consequently we have made very grievous mistakes. In ordinary times, not one of the local officials has been able to make understood European affairs, and none have comprehended the impor- tance of foreign relations. Consequently the conflagration spread everywhere, threatening the Empire, and, if they reflect, they will find they have cau'^e for uneasiness.

Hencefoiiih each one of you must strive to overcome his resentment and to lay aside his prejudices. You should know that the maintenance of friendly relations with foreign countries has in all times been a fundamental law. People coming to China from afar, whether as merchants to exchange their products, or as travelers to increase their scientific knowledge, or yet as missionaries to preach religion with the object of exhorting the people to do good, have crossed mountains and seas at the risk of great fatigue.

Since China passes for a civilized country, it should practice the duties of a host toward its guests. Moreover, the Chinese who have gone abroad in recent years number at least several hundreds of thou- sands. The safety of their persons and property depends upon the guaranty assured them by the Powers, who haive given them their pro- tection. How could we continue to treat their citizens differently il

We again conMnapd all the responsible High civil and military Author- ities of all the provinces to order their subordinates to protect, in the most efficacious manner, the agents and nationals of the foreign Pow- ers who may enter within their districts. In case daring malefactors

90 TREATIES AJ^D CONVENTIONS WITH CHINA AND KOREA.

should urge to illtreat and massacre foreigners, order must be restored immediately and the guilty parties arrested and punished without delay. No delay should occur. If, owing to indifference, or rather of voluntary tolerance, great calamities take place, or if treaties should be violated and no immediate steps taken to make repai-ation or inflict punishment, the Governors-General, Governors, and the provincial or local Officials responsible will be removed and shall not be reappointed to other offices in other provinces, or hope to be reinstated or receive any further honors.

The present decree must be printed and published to warn the officials and put an end to all shameful customs.

"Respect this I"

Annex No. 17.

REGULATIONS FOR THE IMPROVEMENT OF THE COURSE OF THE

WHANGPU.

I. A River Conservancy Board is established at Shanghai for the Whangpu river.

II. The Board shall have the twofold duty of acting as agent for the straightening and improvement of the river, and as controlling agent.

III. The jurisdiction of the Board shall extend from a line drawn from the lower limit of the Kiang-nan Arsenal towards the mouth of Arsenal Creek, to the red buoy in the Yangtze.

IV. The Board shall consist of: (a) The Taotai; (5) the Commis- sioner of Customs; {c) two members elected by tj^e Consular Body; (d) two members of the General Chamber of Commerce of Shanghai, elected by the committee of the said Chamber; {e) two members repre- senting shipping interests, elected by shipping companies, commercial firms, and the merchants the total of whose entrances and clearances at Shanghai, Woosung, and other ports on the Whangpu exceeds 50,000 tons per annum; (/*) a member of the municipal Council of the International Settlement; (g) a member of the municipal Council of the French Concession, and (A) a representative of each country the total tonnage of whose ships entering and clearing at Shanghai and any other port of the Whangpu exceeds two hundred thousand tons a year.

V. The ex officio members shall hold office as long as they fill the position by virtue of which they sit on the Board.

VI. The representatives of the municipal Councils and of the Cham- ber of Commerce shall be elected for a period of one year. They may be immediately reelected.

The term of office of the members to be designated by the Govern- ments (provided under paragraph A) shall also be one year.

The term of the other members is for three years. They may be immediately reelected.

TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 91

VII. In case of a vacancy during a term, the successor of the out- going member shall be designated for one year or for three years, according to the class to which he belongs.

Vin. The Board shall elect its Chairman and Vice-Chairman from amongst its members for a term of