Chargé Wilson to
the Secretary of State.
American Legation,
Tokyo, January 12,
1906.
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.,
[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.
Done at Peking,
this 22d day of the 12th month of the 38th
year of Meiji, corresponding to the 26th day of the 11th
moon of the 31st year of Kuang Hsu (December 22,
1905).
(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.
Done at Peking,
this 22d day of the 12th month of the 38th
year of Meiji, corresponding to the 26th day of 11th moon of
the 31st year of Kuang Hsii.
(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.
