Chargé Wilson to the Secretary of State.

No. 370.]

Sir: I have the honor to transmit herewith a copy of the foreign office’s English translation of the treaty and additional agreement between Japan and China relative to Manchuria, which were signed at Peking on the 22d ultimo. This treaty and agreement were done [Page 996] in the Chinese and Japanese languages only, and it is not provided which text shall govern. This is interesting as a departure from Japan’s former practice in making treaties to have the governing-text in a western language, rather than one in the relatively ambiguous Japanese or Chinese.

Yesterday Mr. Takaaki Kato, the minister for foreign affairs, told me that these documents were not to have been published until after the exchange of ratifications, but that since much of their contents had in some way become known, it had been decided to give them out informally. I was also informed that the treaty and agreement had already been communicated to you by telegraph through the Japanese legation at Washington. For that reason no telegram on the subject was dispatched by this legation.

It will be seen that the treaty itself deals only with China’s transfer to Japan of territory in the Liaotung Peninsula which had been held under lease by Russia and the railway between Port Arthur and Changchung, with all its branches, together with all the rights, privileges, and accessories appertaining to the lease and to the railway concession.

The agreement is much longer. The first article secures the opening of 16 cities throughout Manchuria as places of international residence and trade, and is therefore of great commercial importance.

Under Article VI Japan acquires the right to perfect and build a railway line between Antung and Mukden, the term of the concession to expire in eighteen years from the present time. The Governments of Japan and China further agree to arrange by a separate convention for connecting services between railway lines in south Manchuria and all the other lines in China.

Under Article IX Japan is to have settlements at Yingkow, Antung, and Mukden.

Finally, Article X provides for the formation of a joint stock company composed of Chinese and Japanese subjects to work the timber lands on the right bank of the Yalu River. The profits are to be equally shared by the Chinese and Japanese shareholders, the details of the concession to be concluded later. It is expected that this will be an exceedingly lucrative undertaking since the forests of the Yalu are reputed to be immensely rich, being drawn upon for timber to be used in important constructions at Peking and other distant cities.

Certain protocols, containing further arrangements of no small importance, were drawn up in conjunction with the treaty and agreement; but, as I was informed at the foreign office, these protocols are being kept secret for the present in accordance with an understanding with China.

I have, etc.,

Huntington Wilson.
[Inclosure 1.—Translation.]

text of the treaty.

His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to adjust certain matters of common concern growing out of the treaty of peace between Japan and Russia of September 5, 1905, have resolved to conclude a treaty with that object in view and have for that purpose named their plenipotentiaries—that is to say, His Majesty the Emperor of Japan: Baron Komura Jutaro, Jusammi, grand cordon of the Imperial Order of the [Page 997] Rising Sun, minister for foreign affairs and special ambassador of His Majesty, and Uchida Yasuya, Jushii, second class of the Imperial Order of the Rising Sun, His Majesty’s envoy extraordinary and minister plenipotentiary; and His Majesty the Emperor of China: Prince Ching, presiding minister of foreign affairs, councillor of state and plenipotentiary of His Majesty, Ghu Hung-Chi, minister of foreign affairs, councillor of state and plenipotentiary of His Majesty, and Yuan Shih-kai, viceroy of the Province of Chihli, junior guardian of the heir apparent, minister superintendent of trade for the northern ports and plenipotentiary of His Majesty; who, after having exchanged their full powers were found to be in good and due form, have agreed upon and concluded the following articles:

  • Article I. The Imperial Chinese Government consent to all the transfers and assignments made by Russia to Japan by Articles V and VI of the treaty of peace above mentioned.
  • Art. II. The Imperial Japanese Government engage that in regard to the leased territory, as well as in the matter of railway construction and exploitation, they will, so far as circumstances permit, conform to the original agreements concluded between China and Russia. In case any question arises in the future on these subjects, the Japanese Government will decide it in consultation with the Chinese Government.
  • Art. III. The present treaty shall come into full force from the date of signature. It shall be ratified by Their Majesties the Emperor of Japan and the Emperor of China and the ratifications shall be exchanged at Peking as soon as possible, and not later than two months from the present date.

In witness whereof, the respective plenipotentiaries have signed this treaty in duplicate in the Japanese and Chinese languages and have thereto affixed their seals.


(Signed)
Baron Komura Jutaro
, [l. s.]
Jusammi, Grand Cordon of the Imperial Order of the Rising Sun,
Minister for Foreign Affairs, and Special Ambassador of His Majesty the Emperor of Japan
.
(Signed)
Uchida Yasuya
, [l. s.]
Jushii, Second Class of the Imperial Order of the Rising Sun, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan.
(Signed)
Prince Ching
, [l. s.]
Presiding Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty the Emperor of China.
(Signed)
Chu Hung-Chi
. [l. s.]
Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty the Emperor of China.
(Signed)
Yuan Shih-kai
, [l. s.]
Viceroy of the Province of Chihli, Junior Guardian of the Heir-Apparent, Minister Superintendent of Trade for the Northern Ports and Plenipotentiary of His Majesty the Emperor of China.
[Inclosure 2.—Translation.]

Text of the Agreement.

The Governments of Japan and China, with a view to regulate, for their guidance, certain questions in which they are both interested in Manchuria, in addition to those provided for in the treaty signed this day, have agreed as follows:

  • Article I. The Imperial Chinese Government agree that as soon as possible after the evacuation of Manchuria by the Japanese and Russian forces, the following cities and towns in Manuchuria will be opened by China herself as places of international residence and trade:
  • In the Province of Shingking: Fenghwangcheng, Liaoyang, Hsinmintun, Tiehling, Antung, Tungkiangtzu, and Fakumen. In the Province of Kirin: Changchun (Kuanchengtzu), Kirin, Harbin, Mnguta, Hunchun, and Sanhsing. In the Province of Heilungkiang: Tsitsihar, Hailar, Aihun, and Manchuli.
  • Art. II. In view of the earnest desire expressed by the Imperial Chinese Government to have the Japanese and Russian troops and railway guards in [Page 998] Manchuria withdrawn as soon as possible, and in order to meet this desire, the Imperial Japanese Government, in the event of Russia agreeing to the withdrawal of her railway guards, or in case other proper measures are agreed to between China and Russia, consent to take similar steps accordingly. When tranquillity shall have been reestablished in Manchuria and China shall have become herself capable of affording full protection to the lives and property of foreigners, Japan will withdraw her railway guards simultaneously with Russia.
  • Art. III. The Imperial Japanese Government, immediately upon the withdrawal of their troops from any regions in Manchuria, shall notify the Imperial Chinese Government of the regions thus evacuated, and even within the period stipulated for the withdrawal of troops in the additional articles of the treaty of peace between Japan and Russia the Chinese Government may send necessary troops to the evacuated regions of which they have been already notified as above mentioned for the purpose of maintaining order and tranquillity in those regions. If, in the regions from which Japanese troops have not yet been withdrawn, any villages are disturbed or damaged by native bandits, the Chinese local authorities may also dispatch a suitable military force for the purpose of capturing or dispersing those bandits. Such troops, however, shall not proceed within twenty Chinese li from the boundary of the territory where Japanese troops are stationed.
  • Art. IV. The Imperial Government of Japan engage that Chinese public and private property in Manchuria, which they have occupied or expropriated on account of military necessity, shall be restored at the time the Japanese troops are withdrawn from Manchuria and that such property as is no longer required for military purposes shall be restored even before such withdrawal.
  • Art. V. The Imperial Chinese Government engage to take all necessary measures to protect fully and completely the grounds in Manchuria in which the tombs and monuments of the Japanese officers and soldiers who were killed in war are located.
  • Art. VI. The Imperial Chinese Government agree that Japan has the rignt to maintain and work the military railway line constructed between Antung and Mukden and to improve the said line so as to make it fit for the conveyance of commercial and industrial goods of all nations. The term for which such right is conceded is fifteen years from the date of the completion of the improvements above provided for. The work of such improvements is to be completed within two years, exclusive of a period of twelve months during which it will have to be delayed owing to the necessity of using the existing line for the withdrawal of troops. The term of the concession above mentioned is therefore to expire in the 49th year of Kuang Hsu. At the expiration of that term the said railway shall be sold to China at a price to be determined by appraisement of all its properties by a foreign expert, who will be selected by both parties. The conveyance by the railway of the troops and munitions of war of the Chinese Government prior to such sale shall be dealt with in accordance with the regulations of the Eastern Chinese Railway. Regarding the manner in which the improvements of the railway are to be effected, it is agreed that the person undertaking the work on behalf of Japan shall consult the commissioner dispatched for the purpose by China. The Chinese Government will also appoint a commissioner to look after the business relating to the railway, as is provided in the agreement relating to the Eastern Chinese Railway. It is further agreed that detailed regulations shall be concluded regarding the tariffs for the carriage by the railway of the public and private goods of China.
  • Art. VII. The Governments of Japan and China, with a view to promote and facilitate intercourse and traffic, will conclude, as soon as possible, a separate convention for the regulation of connecting services between the railway lines in South Manchuria and all the other railway lines in China.
  • Art. VIII. The Imperial Chinese Government engage that all materials required for the railways in South Manchuria shall be exempt from all duties, taxes, and likin.
  • Art. IX. The methods of laying out the Japanese settlement at Yingkou in the Province of Shingking, which has already been opened to trade, and at Antung and Mukden, in the same Province, which are still unopen although stipulated to be opened, shall be separately arranged and determined by officials of Japan and China.
  • Art. X. The Imperial Chinese Government agree that a joint stock company of forestry composed of Japanese and Chinese capitalists shall be organized for the exploitation of the forests of the regions on the right bank of the River Yalu and that a detailed arrangement shall be concluded in which the area and term of the concession as well as the organization of the company and [Page 999] all regulations concerning the joint work of exploitation shall be provided for. The Japanese and Chinese shareholders shall share equally in the profits of the undertaking.
  • Art. XI. The Governments of Japan and China engage that in all that relates to frontier trade between Manchuria and Korea most-favored-nation treatment shall be reciprocally extended.
  • Art. XII. The Governments of Japan and China engage that in all matters dealt with in the treaty signed this day or in the present agreement the most favorable treatment shall be reciprocally extended.

The present agreement shall take effect from the date of signature. When the treaty signed this day is ratified, this agreement shall also be considered as approved.

In witness whereof the undersigned, duly authorized by their respective Governments, have signed the present agreement in duplicate in the Japanese and Chinese languages and have thereto affixed their seals.


(Signed)
Baron Komira Jutaro
, [l. s.]
Jusammi, Grand Gordon of the Imperial Order of the Rising Sun, Minister for Foreign Affairs and Special Ambassador of His Majesty the Emperor of Japan.
(Signed)
Uchida Yasuya
, [l. s.]
Jushii, Second Glass of the Imperial Order of the Rising Sun, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan.
(Signed)
Prince Ching
, [l. s.]
Presiding Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty the Emperor of China.
(Signed)
Chu Hung-chi
, [l. s.]
Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty the Emperor of China.
(Signed)
Yuan Shih-kai
, [l. s.]
Viceroy of the Province of Chihli, Junior Guardian of the Heir-Apparent, Minister Superintendent of Trade for the Northern Ports and Plenipotentiary of His Majesty the Emperor of China.