File No. 5767/104–106.
Chargé Jay to the
Secretary of State.
[Extract.]
American Embassy,
Tokyo, September 11,
1909.
No. 807.]
Sir: I have the honor to inclose herewith
copies, handed to me by the foreign office, of the agreements concluded
on the 14th instant between Japan and China in relation to Chientao and
other Manchurian questions which have been pending between the two
governments.
The publication of the agreements has been received with universal
approval by the Japanese press and people. The terms are regarded as
indicative of friendly mutual comprimise in which the rights and
interests of both parties have been satisfactorily upheld. The belief is
general that the restoration of the intimate friendship which existed
between the two countries before the late war is now nearer at hand.
Both the Kokumin Shimbun, the semiofficial organ, and the Jiji Shimpo, an
independent journal, express the opinion that the recognition of Chinese
sovereignty in Chientao was the only just course possible. They assert
that Japan never regarded the question of
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territory as paramount, and only desired the
protection of the lives and property of Korean subjects in the disputed
district. The Kokumin goes on to say that the maintenance of Chinese
territorial integrity is as essential to the welfare of Japan as to that
of China, and that it is the only basis on which international questions
can be satisfactorily adjusted.
I have, etc.,
[Inclosure 1.]
Japanese-chinese agreement concerning mines
and railways in manchuria.
The Imperial Government of Japan and the Imperial Government of
China, actuated by the desire to consolidate the relations of amity
and good neighborhood between the two countries, by settling
definitively the matters of common concern in Manchuria, and by
removing for the future all cause of misunderstanding, have agreed
upon the following stipulations:
Article I.
The Government of China engages that in the event of its undertaking
to construct a railway between Hsinmintun and Fakumen, it shall
arrange previously with the Government of Japan.
Article II.
The Government of China recognizes that the railway between Tashichao
and Yinkow is a branch line of the South Manchurian Railway, and it
is agreed that the said branch line shall be delivered up to China
simultaneously with the South Manchurian Railway upon the expiration
of the term of concession for that main line. The Chinese Government
further agrees to the extension of the said branch line to the port
of Yinkow.
Article III.
In regard to the coal mines at Fushun and Yuentai, the Governments of
Japan and China are agreed as follows:
- (a)
- The Chinese Government recognizes the right of the
Japanese Government to work the said coal mines.
- (b)
- The Japanese Government, respecting the full sovereignty
of China, engages to pay to the Chinese Government tax upon
coals produced in those mines. The rate of such tax shall be
separately arranged upon the basis of the lowest tariff for
coals produced in any other places of China.
- (c)
- The Chinese Government agrees that in the matter of the
exportation of coals produced in the said mines, the lowest
tariff of export duty for coals of any other mines shall be
applied.
- (d)
- The extent of the said coal mines, as well as all detailed
regulations, shall be separately arranged by commissioners
specially appointed for that purpose.
Article IV.
All mines along the Antung-Mukden Railway and the main line of the
South Manchurian Railway, excepting those at Fushun and Yuentai,
shall be exploited as joint enterprises of Japanese and Chinese
subjects, upon the general principles which the viceroy of the
eastern three Provinces and the Governor of Mukden agreed upon with
the Japanese consul general in the fortieth year of Meiji.
corresponding to the thirty-third year of Kuangsu. Detailed
regulations in respect of such mines shall, in due course, be
arranged by the viceroy and the governor with the Japanese consul
general.
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Article V.
The Government of Japan declares that it has no objection to the
extension of the Peking-Mukden Railway to the city wall of Mukden.
Practical measures for such extension shall be adjusted and
determined by the local Japanese and: Chinese authorities and
technical experts.
In witness whereof, the undersigned, etc.
[Inclosure 2.]
Japanese-chinese agreement relating to
chientao.
The Imperial Government of Japan and the Imperial Government of
China, desiring to secure for Chinese and Korean inhabitants in the
frontier regions the blessings of permanent peace and tranquility,
and considering it essential in the attainment of such desire that
the two Governments should, in view of their relations of cordial
friendship and good neighborhood, recognize the River Tumen as
forming the boundary between China and Korea, and should adjust all
matters relating thereto in a spirit of mutual accommodation, have
agreed upon the following stipulations:
Article I.
The Governments of Japan and China declare that the River Tumen is
recognized as forming the boundary between China and Korea, and that
in the region of the source of that river the boundary line shall
start from the boundary monument and thence follow the course of the
stream Shih-yishwei.
Article II.
The Government of China shall, as soon as possible after the signing
of the present agreement, open the following places to the residence
and trade of foreigners, and the Government of Japan may there
establish consulates or branch offices of consulates. The date of
the opening of such places shall be separately determined:
Lungchingtsun, Chutszchie, Toutaokou, Paitsaokou.
Article III.
The Government of China recognizes the residence of Korean subjects,
as heretofore, on agricultural lands lying north of the River Tumen.
The limits of the district for such residence are shown in the
annexed map.
Article IV.
The Korean subjects residing on agricultural lands within the mixed
residence district to the north of the River Tumen shall submit to
the laws of China and shall be amenable to the jurisdiction of the
Chinese local officials. Such Korean subjects shall be accorded by
the Chinese authorities equal treatment with Chinese subjects, and,
similarly, in the matter of taxation and all other administrative
measures, they shall be placed on equal footing with Chinese
subjects. All cases, whether civil or criminal, relating to such
Korean subjects shall be heard and decided by the Chinese
authorities in accordance with the laws of China and in a just and
equitable manner. A Japanese consular officer or an official duly
authorized by him shall be allowed freely to attend the court, and
in the hearing of important cases concerning the lives of persons
previous notice is to be given to the Japanese consular officers.
Whenever the Japanese consular officers find that a decision has
been given in disregard of law, they shall have right to apply to
the Chinese authorities for a new trial to be conducted by officials
specially selected in order to assure justice of the decision.
Article V.
The Government of China engages that land and buildings owned by
Korean subjects in the mixed residence district to the north of the
River Tumen shall be fully protected equally with the properties of
Chinese subjects. Ferries shall be established on the River Tumen at
places properly chosen, and people on either side of the river shall
be entirely at liberty to cross to the other side,
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it being, however, understood that
persons carrying arms shall not be permitted to cross the frontier
without previous official notice or passports. In respect to cereals
produced in the mixed residence district, Korean subjects shall be
permitted to export them out of the said district, except in time of
scarcity, in which case such exportation may be prohibited.
Collection of firewood and grass shall be dealt with in accordance
with the practice hitherto followed.
Article VI.
The Government of China shall undertake to extend the Kirin-Changchun
Railway to the southern boundary of Yenchi and to connect it at
Hoiryong with a Korean railway, and such extension shall be effected
upon the same terms as the Kirin-Changchun Railway. The date of
commencing the work of the proposed extension shall be determined by
the Government of China, considering the actual requirements of the
situation and upon consultation with the Government of Japan.
Article VII.
The present agreement shall come into operation immediately upon its
signature, and thereafter the Chientao branch office of the
residency general, as well as all civil and military officers
attached thereto, shall be withdrawn as soon as possible and within
two months. The Government of Japan shall within two months
hereafter establish its consulates at the places mentioned in
Article II.
In witness whereof the undersigned, duly authorized by their
respective Governments, have signed and sealed the present agreement
in duplicate, in the Japanese and Chinese languages.
