Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 7, 1915

File No. 793.94/430.

Chargé Wheeler to the Secretary of State.

American Embassy,
Tokyo, June 8, 1915.

Sir: I have the honor to transmit herewith a printed copy (with translation) of the documents relative to the recent negotiations between Japan and China, which will be made public tomorrow.

The treaties were ratified by the Emperor yesterday and the ratifications were exchanged here this afternoon.

I have [etc.]

Post Wheeler.

[Inclosure—Translation.]

THE DOCUMENTS REGARDING THE NEGOTIATIONS BETWEEN JAPAN AND CHINA.

(1915)

I.

instructions given by baron kato to mr. hioki.

(Handed in Tokyo, Dec. 3, 1914.)

In order to provide for the readjustment of affairs consequent on the Japan-German war and for the purpose of ensuring a lasting peace in the Far East by strengthening the position of the Empire, the Imperial Government have resolved to approach the Chinese Government with a view to conclude treaties and agreements mainly along the lines laid down in the first four groups of the appended proposals. Of these, the first group relates to the settlement of the Shantung question, while the second group has for its chief aim the defining of Japan’s position in South Manchuria and Eastern Inner Mongolia, that is to say, securing at this time from the Chinese Government full recognition of Japan’s natural position in these regions, absence of which has hitherto been the cause for various questions tending to estrange the feelings of the two peoples towards each other. The object of the third group is to safeguard the best interest of the Han-yeh-ping Company, with which Japanese capitalists are closely identified. It will thus be seen that there is nothing especially new in our proposals embodied in the foregoing three groups, while as regards the fourth group, it is only intended to emphasize the principle of China’s territorial integrity, which has so often been declared by the Imperial Government.

Believing it absolutely essential, for strengthening Japan’s position in Eastern Asia as well as for preservation of the general interests of that region, to secure China’s adherence to the foregoing proposals, the Imperial Government are determined to attain this end by all means within their power. You are, therefore requested to use your best endeavour in the conduct of the negotiations, which are hereby placed in your hands.

As regards the proposals contained in the fifth group, they are presented as the wishes of the Imperial Government. The matters which are dealt with under this category are entirely different in character from those which are included in the first four groups. An adjustment, at this time, of these matters, some of which have been pending between the two countries, being nevertheless highly desirable for the advancement of the friendly relations between Japan and China as well as for safeguarding their common interests, you are also requested to exercise your best efforts to have our wishes carried out.

It is very likely that in the course of these negotiations the Chinese Government desire to find out the attitude of the Imperial Government on the question of the disposition of the leased territory of Kiaochou Bay. If the Chinese Government will accept our proposals as above stated, the Imperial Government may, with due regard to the principle of China’s territorial integrity and in the interest of the friendship of the two countries, well consider the question with a view to restoring the said territory to China, in the event of Japan’s being given free hand in the disposition thereof as the result of the coming peace conference between Japan and Germany. As, however, it will be absolutely necessary, in restoring the said territory to China, to lay certain conditions such as the opening of the territory for foreign trade, establishment of a Japanese settlement, etc., you will ask for further instructions when you propose to declare to the Chinese Government the willingness of the Imperial Government to consider the question.

I avail, &c.

Group I.

The Japanese Government and the Chinese Government, being desirous to maintain the general peace in the Far East and to strengthen the relations of amity and good neighbourhood existing between the two countries, agree to the following articles:

• Art. I. The Chinese Government engage to give full assent to all matters that the Japanese Government may hereafter agree with the German Government respecting the disposition of all the rights, interests and concessions, which, in virtue of treaties or otherwise, Germany possesses vis-à-vis China in relation to the Province of Shantung.
• Art. II. The Chinese Government engage that, within the Province of Shantung or along its coast, no territory or island will be ceded or leased to any other Power, under any pretext whatever.
• Art. III. The Chinese Government agree to Japan’s building a railway connecting Chefoo or Lungkow with the Kiaochou-Tsinanfu Railway.
• Art. IV. The Chinese Government engage to open of their own accord, as soon as possible, certain important cities and towns in the Province of Shantung for the residence and commerce of foreigners. The place to be so opened shall be decided upon in a separate agreement.

Group II.

The Japanese Government and the Chinese Government, in view of the fact that the Chinese Government has always recognized the predominant position of Japan in South Manchuria and Eastern Inner Mongolia, agree to the following articles:

• Art. I. The two contracting parties mutually agree that the term of the lease of Port Arthur and Dairen and the term respecting the South Manchuria Railway and the Antung-Mukden Railway shall be extended to a further period of 99 years respectively.
• Art. II. The Japanese subjects shall be permitted in South Manchuria and Eastern Inner Mongolia to lease or own land required either for erecting buildings for various commercial and industrial uses or for farming.
• Art. III. The Japanese subjects shall have liberty to enter, reside and travel in South Manchuria and Eastern Inner Mongolia, and to carry on business of various kinds—commercial, industrial and otherwise.
• Art. IV. The Chinese Government grant to the Japanese subjects the right of mining in South Manchuria and Eastern Inner Mongolia. As regards the mines to be worked, they shall be decided upon in a separate agreement.
• Art. V. The Chinese Government agree that the consent of the Japanese Government shall be obtained in advance, (1) whenever it is proposed to grant to other nationals the right of constructing a railway or to obtain from other nationals the supply of funds for constructing a railway in South Manchuria and Eastern Inner Mongolia, and (2) whenever a loan is to be made with any other Power, under security of the taxes of South Manchuria and Eastern Inner Mongolia.
• Art. VI. The Chinese Government engage that whenever the Chinese Government need the service of political, financial or military advisers or instructors in South Manchuria or in Eastern Inner Mongolia, Japan shall first be consulted.
• Art. VII. The Chinese Government agree that the control and management of the Kirin-Changchun Railway shall be handed over to Japan for a term of 99 years dating from the signing of this treaty.

Group III.

The Japanese Government and the Chinese Government, having regard to the close relations existing between Japanese capitalists and the Han-yeh-ping Company and desiring to promote the common interests of the two nations, agree to the following articles:

• Art. I. The two contracting parties mutually agree that when the opportune moment arrives the Han-yeh-ping Company shall be made a joint concern of the two nations, and that, without the consent of the Japanese Government, the Chinese Government shall not dispose or permit the company to dispose of any right or property of the company.
• Art. II. The Chinese Government engage that, as a necessary measure for protection of the invested interests of Japanese capitalists, no mines in the neighbourhood of those owned by the Han-yeh-ping Company shall be permitted, without the consent of the said company, to be worked by anyone other than the said company; and further that whenever it is proposed to take any other measure which may likely affect the interests of the said company directly or indirectly, the consent of the said company shall first be obtained.

Group IV.

The Japanese Government and the Chinese Government, with the object of effectively preserving the territorial integrity of China, agree to the following article:

The Chinese Government engage not to cede or lease to any other Power any harbour or bay on or any island along the coast of China.

Group V.

1. The Chinese Central Government to engage influential Japanese as political, financial and military advisers;

2. The Chinese Government to grant the Japanese hospitals, temples and schools in the interior of China the right to own land;

3. In the face of many police disputes which have hitherto arisen between Japan and China, causing no little annoyance, the police, in localities (in China) where such arrangements are necessary, to be placed under joint Japanese and Chinese administration, or Japanese to be employed in police offices in such localities, so as to help at the same time the improvement of the Chinese police service;

4. China to obtain from Japan supply of a certain quantity of arms, or to establish an arsenal in China under joint Japanese and Chinese management and to be supplied with experts and materials from Japan;

5. In order to help the development of the Nanchang-Kiukiang Railway, with which Japanese capitalists are so closely identified, and with due regard to the negotiations which have for years been pending between Japan and China in relation to the railway question in South China, China to agree to give to Japan the right of constructing a railway to connect Wuchang with the Kiukiang-Nanchang line, and also the railways between Nanchang and Hangchou and between Nanchang and Chaochou;

6. I view of the relations between the Province of Fukien and Formosa and of the agreement respecting the non-alienation of that province, Japan to be consulted first whenever foreign capital is needed in connection with the railways, mines and harbour works (including dockyards) in the Province of Fukien;

7. China to grant to Japanese subjects the right of preaching in China.

II.

counter project of the chinese government.

(Handed to Mr. Hioki on Feb. 12th, 1915.)

Group I.

The Governments of China and Japan, being sincerely desirous to maintain the general peace of the Far East and further strengthen the friendly relations and good neighbourhood subsisting between the two countries, have concluded the following articles:

Art. I. The Chinese Government declare that they will give full assent to the dispositions that may hereafter be agreed upon between the Japanese and German Governments in regard to all interests which Germany possesses in the Province of Shantung by virtue of treaties or recorded cases (excepting the provisions of Section I of the Convention for the Lease of Kiaochou to Germany).

The Japanese Government declare that, when the assent of the Chinese Government in regard to the interests above referred to has been given, Japan will restore Kiaochou to China, and they recognize the right of the Chinese Government to participate in the negotiations mentioned in the preceding clause between the Japanese and German Governments.

Art. II. The Japanese Government agree that they will be entirely responsible in regard to indemnification for losses of all kinds occasioned by Japan’s military operations in Kiaochou; and although the customs, telegraphs and posts within the leased territory of Kiaochou will, pending the restoration of Kiaochou, be administered for the present as heretofore, the military railways and telegraphs which were constructed for the use of the Japanese troops will be immediately removed; and the Japanese forces remaining outside the leased territory of Kiaochou will first be withdrawn and those remaining within the said territory will be completely withdrawn at the time of the restoration of Kiaochou to China.

Art. III. In case the Chinese Government propose themselves to contsruct a railway from Chefoo or Lungkou to connect with the Kiaochou-Tsinan Railway and raise a foreign loan for the purpose, they agree, provided Germany is willing to abandon the right to furnish capital for the Chefoo-Weihsien line, to negotiate first with Japanese capitalists.

Art. IV. The Chinese Government agree, for purposes of foreign trade, to select suitable places in the Province of Shantung and open them as marts; and the regulations relating to such marts will be determined by China herself.

Group II.

The Japanese Government declare that they will always respect the complete sovereignty of China in the Three Eastern Provinces, and accordingly the Chinese and Japanese Governments have, with a view to the development of their commercial relations in the southern portion of the Three Eastern Provinces, agreed upon the following articles:

• Art. I. The Chinese Government agree that the term of lease of Port Arthur and Dairen shall be extended to ninety-nine years, expiring in the eighty-sixth year of the Republic or in the year 1997 of the Christian era, and that the time for the restoration of the entire South Manchuria Railway to China shall be extended to ninety-nine years, falling due in the ninetieth year of the Republic or in the year 2001 of the Christian era, and further that in all other matters the provisions of the respective original treaties shall be adhered to.
• Art. II. The Chinese Government consent, upon the expiration of the term of the Japanese management of the Antung-Mukden Railway, to negotiate with Japan respecting the manner of extending the said term and to continue to carry into effect all other provisions according to Art. VI of the Annex to the Agreement relating to Manchuria concluded between Japan and China.
• Art. III. The Chinese Government shall select places, in addition to the marts already opened, in the Three Eastern Provinces and of their own accord open them to trade, and after fixing the boundary lines, permit merchants of Japan and other countries freely to reside, trade and carry on commercial and industrial business of all kinds, and also to rent land, after fair negotiation with the respective owners of such land with regard to rental, for the erection of buildings required for commercial and industrial purposes. Such merchants, however, shall equally pay taxes and contributions imposed upon them.
• Art. IV. If, not later than one full year from the day on which the present agreement is signed, any Japanese syndicate desires to engage in mining in the southern portion of the Three Eastern Provinces, the Chinese Government shall consent to grant to such syndicate for the term of one year only the privilege of prospecting mines in that region with the exception of those on which prospecting or mining has already been commenced. Of the mines which have been examined, permission shall be granted to work one-half the number according to the provisions of the Chinese mining law; and the remaining mines shall be disposed of by China herself.
• Art. V. The Chinese Government agree that if it is found necessary hereafter to construct railways in the southern portion of the Three Eastern Provinces, they will construct them with capital provided by China herself; and if foreign capital is required, they will first negotiate for a loan with Japanese capitalists.
• Art. VI. The Chinese Government declare that if it is proposed hereafter to employ foreign advisers in regard to political, financial and military affairs of the southern portion of the Three Eastern Provinces, preference will be given to Japanese.
• Art. VII. The existing treaties between China and Japan in regard to the Three Eastern Provinces shall remain in force as heretofore except as otherwise provided for in the present agreement.

Group III.

notes to be exchanged respecting the han-yeh-ping company.

As the Han-yeh-ping Company, being a Chinese commercial concern, has undoubtedly, according to the laws of China, the right to preserve its property and conduct and supervise its business, the Chinese Government do not find it proper to take measures immediately in its behalf without first consulting the company. If, however, the company desires on a future occasion to come to agreement with Japanese capitalists for the joint management of its present business, the Chinese Government will give permission in so far as such step does not conflict with the laws of the country.

III.

the amended japanese proposals.

(Presented to the Chinese Government by Mr. Hioki on April 26, 1915.)

Group I.

The Japanese Government and the Chinese Government, being desirous to maintain the general peace in the Far East and to further strengthen the relations of amity and good neighbourhood existing between the two countries, agree to the following articles:

• Art. I. The Chinese Government engage to give full assent to all matters that the Japanese Government may hereafter agree with the German Government respecting the disposition of all the rights, interests and concessions, which, in virtue of treaties or otherwise, Germany possesses vis-à-vis China in relation to the Province of Shantung.
• Art. II. (An exchange of notes may be acceptable) The Chinese Government declare that, within the Province of Shantung or along its coast, no territory or island will be ceded or leased to any other Power, under any pretext whatever.
• Art. III. The Chinese Government engage that, in case they undertake the construction of a railway connecting Chefoo or Lungkow with the Kiaochou-Tsinanfu Railway, they shall, in the event of Germany’s surrendering her right of providing capital for the Chefoo-Weihsien railway line, enter into negotiations with Japanese capitalists for the purpose of financing the said undertaking.
• Art. IV. The Chinese Government engage to open of their own accord, as soon as possible, certain important cities and towns in the Province of Shantung for the residence and commerce of foreigners.

(Supplementary exchange of Notes.)

The places to be opened and the regulations therefor shall be determined by the Chinese Government after consultation with the Japanese Minister.

Group II.

The Japanese Government and the Chinese Government, with the object of developing the economic relations of the two countries in South Manchuria and Eastern Inner Mongolia, agree to the following articles:

Art. I. The two contracting parties mutually agree that the term of the lease of Port Arthur and Dairen and the term respecting the South Manchuria Railway and the Antung-Mukden Railway shall be extended to a period of 99 years respectively.

(Supplementary exchange of Notes.)

The term of the lease of Port Arthur and Dairen shall expire in the 86th year of the Republic or 1997 A. D. The date for reversion to China of the South Manchuria Railway shall fall due in the 91st year of the Republic or 2002 A. D. The clause of Article 12 of the original Chinese Eastern Railway Agreement, that after 36 years from the commencement of traffic, China may take over the line on payment, etc., is hereby cancelled. The term of the Antung-Mukden Railway shall expire in the 96th year of the Republic, or 2007 A. D.

Art. II. The Japanese subjects shall be permitted in South Manchuria to lease or purchase land required either for erecting buildings for various commercial and industrial uses or for agricultural purposes.

Art. III. The Japanese subjects shall have liberty to enter, reside and travel in South Manchuria, and to carry on business of various kinds—commercial, industrial and otherwise.

Referring to the present and preceding two articles, the Japanese subjects shall produce before the Chinese local authorities the passports duly issued, and be registered by the said authorities. They shall also observe the Chinese police laws or regulations approved by the Japanese consuls and pay to the Chinese authorities the taxes approved by the Japanese consuls. In civil and criminal suits, the Japanese consul, where a Japanese subject is the defendant, and the Chinese official, where a Chinese citizen is the defendant, shall respectively try and decide the case, both the Japanese consul and the Chinese official being permitted each to send his agent to attend the trial by the other and watch proceedings; provided that in a civil suit concerning land between Japanese and Chinese, the case shall be tried and decided jointly by the Japanese consul and the Chinese official according to the laws and local usages of China; provided further that in the future when the judicial system in the said region shall have been completely reformed, all civil and criminal suits involving Japanese subjects shall be wholly tried and decided by the Chinese law courts.

Art. IV. (An exchange of notes may be acceptable). The Chinese Government permit the Japanese subjects immediately to investigate, select, and then prospect for and open mines at the following places in South Manchuria, excepting those mining areas which have already been prospected for or worked; provided that until the mining law becomes definitely operative practices at present in force shall be followed.

Province of Fengtien.

Locality.	District.	Mineral
Niu Hsin T’ai	Pen-hsi	Coal.
Tien Shih Fu Kou	Pen-hsi	“
Sha Sung Kang	Hai-lung	“
T’ieh Ch’ang	T’ung-hua	“
Nuan Ti T’ang	Chin	“
An Shan Chan region	From Liao-yeng to Pen-hsi	Iron.

Province of Kirin (southern portion).

Locality.	District.	Mineral.
Sha Snng Kang	Ho-lung	Coal and Iron.
Kane Yao	Kirin	Coal.
Chia P’i Kou	Hua-tien	Gold.

Art. V. (An exchange of notes may be acceptable) The Chinese Government agree that they will hereafter build railways in South Manchuria with funds from Chinese sources, and if foreign capital is required preference shall be given to Japanese capitalists; and that in case a foreign loan is to be made on the security of the taxes of South Manchuria (excepting the customs and salt revenues which are already made the securities for loans contracted by the Central Government) preference shall be given to Japanese capitalists.

Art. VI. (An exchange of notes may be acceptable) The Chinese Government declare that whenever in future the Chinese Government propose to employ foreign political, financial, military or police advisers or instructors in South Manchuria, Japanese will be employed first.

Art. VII. The Chinese Government agree to make speedily a fundamental revision of the Kirin-Changchun Railway Loan Agreement, taking as a standard the provisions in railway loan agreements made heretofore between China and foreign capitalists. If, in future, more advantageous terms than those in the existing railway loan agreements are granted to foreign capitalists in connection with railway loans, the above-mentioned Kirin-Changchun Railway Agreement shall, if so desired by Japan, again be revised.

Art. VIII. All existing treaties between Japan and China relating to Manchuria shall, except as otherwise provided in this convention, remain in force.

Matters relating to Eastern Inner Mongolia.

1. The Chinese Government agree that whenever in future a foreign loan is to be made on the security of the taxes of Eastern Inner Mongolia the Japanese Government will be consulted first.

2. The Chinese Government agree that in future they will build railways in Eastern Inner Mongolia with funds from Chinese sources, and if foreign capital is required the Japanese Government will be consulted first.

3. The Chinese Government agree to open of their own accord, as soon as possible, suitable places in Eastern Inner Mongolia for the residence and trade of foreigners. The places to be so opened and the regulations therefor shall be determined by the Chinese Government after consultation with the Japanese Minister.

4. In the event of Japanese and Chinese desiring jointly to undertake agricultural enterprises and industries auxiliary thereto in Eastern Inner Mongolia, the Chinese Government shall give their permission.

Group III.

In view of the close relations between Japan and the Han-Yeh-Ping Company, the Chinese Government shall approve the agreement that may hereafter be reached by those interested in the said company with Japanese capitalists for its joint undertaking, nor shall the Chinese Government confiscate the company, nor shall, without consent of the Japanese capitalists, nationalize it, nor shall permit it to contract any foreign loan other than Japanese.

Group IV.

The Chinese Government to make the following declaration:

The Chinese Government will not cede or lease to any other Power any bay, harbour or island along the coast of China.

Group V.

1. (Notes to be exchanged) The Chinese Government shall not permit any Power to construct a dockyard, a coaling station for military use, or a naval base or to set up any other military establishment on the coast of Fukien Province, nor shall they allow any like establishment to be set up with any foreign capital on the said coast.

2. (Notes to be exchanged) As regards the right of financing a railway to connect Wuchang with the Kiukiang-Nanchang Line, and the Nanchang-Hang-chou and Nanchang-Chaochou railways, the Chinese Government shall either grant it to Japan, in case it is clearly ascertained that there is no objection on the part of any other foreign Power, or refrain from granting it to any other Power before the Japanese Government come to an understanding directly with the other Power which is interested in these railway schemes.

3. (Mr. Lu, the Minister of Foreign Affairs of China, stated as follows:)

a. The Chinese Government will, in case of necessity in future, employ Japanese advisers;

b. Whenever the Japanese subjects desire to lease or purchase land for the purpose of building schools and hospitals in the interior of China, the Chinese Government will permit them to do so;

c. Some day in future when a suitable opportunity arrives, the Chinese Government will send military officers to Japan in order to make arrangements directly with the military authorities of Japan either for purchase of arms or for establishing an arsenal in China under joint Japanese and Chinese management.

4. (Mr. Hioki, the Japanese Minister, stated as follows:)

As regards the question of the right of preaching of Japanese in China, it will be left for future discussion.

5. The proposal relating to the police administration. (Withdrawn.)

The Japanese Government engage that, if the Chinese Government accept the Japanese revised proposals as above stated, the leased territory of Kiaochou Bay shall be returned to China, in the event of the said territory being left to the free disposal of Japan as the result of the peace conference upon conclusion of the present war, on the following conditions:

1. To open the entire territory as a commercial port;

2. To permit a Japanese settlement to be established in the area to be designated by Japan;

3. To permit an international settlement to be established, if desired by the Powers;

4. Arrangements to be made between Japan and China, before the restoration of the territory to China, regarding the disposition of the German establishments and with respect to the other conditions and procedures.

At the time of the presentation of the above revised proposals, Mr. Hioki declared to the Chinese Government as follows:

The wording or choice of terms and phrases adopted in the above project may be changed or amended at the time of its final redaction.

IV.

the final amended project of the chinese government.

(Handed to Mr. Hioki on May 1st, 1915.)

Group I.

The Governments of China and Japan, being sincerely desirous to maintain the general peace of the Far East and further strengthen the friendly relations and good neighbourhood subsisting between the two countries, have concluded the following articles:

Art. I. The Chinese Government declare that they will give full assent to the dispositions that may hereafter be agreed upon between the Japanese and German Governments in regard to all interests which Germany possesses in the Province of Shantung by virtue of treaties or recorded cases.

The Japanese Government declare that when the assent of the Chinese Government in regard to the interests above referred to has been given, Japan will restore Kiaochou to China, and recognize the right of the Chinese Government to participate in the negotiations between the Japanese and German Governments.

Art. II. The Japanese Government agree that they will be entirely responsible in regard to indemnification for losses of all kinds occasioned by Japan’s military operations in Kiaochou, and also that the customs, telegraphs, and posts within the leased territory of Kiaochou shall, pending the restoration of Kiaochou, be administered for the present as heretofore. The military railways and telegraphs which were constructed for the use of the Japanese troops shall be immediately removed and the Japanese forces remaining outside the leased territory of Kiaochou shall first be withdrawn, and those remaining within the said territory shall be completely withdrawn at the time of restoration of Kiaochou to China.

Art. III. (Draft for exchange of notes.)

The Chinese Government declare that they will not transfer or lease to another Power, under any designation whatever, any territory within the Province of Shantung or any zone of land or any island along the coast thereof.

Art. IV. In case the Chinese Government propose to construct themselves a railway from Chefoo or Lungkou to connect with the Kiaochou-Tsinan Railway and raise a foreign loan for the purpose, they engage, provided Germany is willing to abandon the right to furnish capital for the Chefoo-Weihsien line, to negotiate for a loan with Japanese capitalists.

Art. V. The Chinese Government engage, for the residence and trade of foreigners, to open of their own accord, as soon as possible, suitable places in the Province of Shantung as marts.

(Draft for exchange of notes.)

The places to be so opened shall be selected and regulations relative thereto framed by the Chinese Government and decided upon after consultation with the Japanese Minister.

Art. VI. The foregoing articles relating to the transfer and other matters that are to be settled in the future negotiations between the Japanese and German Governments, in the event of their failure to come to a definite agreement, the provisional engagements made in this treaty shall become null and void. [Sic]

Group II.

The Chinese and Japanese Governments, with a view to the development of their economic relations in South Manchuria, have concluded the following articles:—

Art. I. The two high contracting parties engage to extend to ninety-nine years the term of lease of Port Arthur and Dairen and the terms of the South Manchuria and Antung-Mukden Railways.

(Draft for exchange of notes.)

The term of lease of Port Arthur and Dairen shall expire in the eighty-sixth year of the Republic, or in the year 1997 of the Christian era, and the time for the restoration of the South Manchuria Railway shall fall due in the ninety-first year of the Republic, or in the year 2002 of the Christian era. The Clause in Art. 12 of the original Chinese Eastern Railway Convention stipulating that the Chinese Government shall have the right to recover the railway by purchase upon expiration of thirty-six years from the day on which it is opened for traffic, shall become null and void. The term of the Antung-Mukden Railway shall fall due in the ninety-sixth year of the Republic, or in the year 2007 of the Christian era.

Art. II. Japanese subjects may lease from the owners land required for the erection of buildings for commercial and industrial uses and that required for agricultural purposes in South Manchuria.

Art. III. Japanese subjects may freely reside, travel, or engage in commercial, industrial, and other pursuits of every description in South Manchuria.

The Japanese subjects mentioned in the preceding two articles shall present for registration to the local authorities their passports duly issued, and shall observe the Chinese police laws and regulations, and pay all taxes in the same manner as Chinese.

Civil and criminal cases shall be tried and decided by the authorities of the defendant’s nationality, and the proceedings may be watched by officers of the other nationality. Cases, whether between Japanese themselves or between Chinese and Japanese, arising out of disputes relating to land or lease shall be tried and decided by the Chinese authorities, and an officer may be sent by the Japanese consul to watch the proceedings. When, however, the judicial system of the region has been completely reformed all civil and criminal cases relating to Japanese subjects shall be tried entirely by Chinese courts.

Art. IV. The Chinese Government agree to effect at an nearly date a radical revision of the Kirin-Changchun Railway Loan Agreement on the basis of the stipulations of the railway loan agreements which have hitherto been concluded between China and capitalists of other countries.

In the event of the Chinese Government granting in future to foreign capitalists in regard to railway loans more advantageous terms than those of the existing railway loan agreements, the above-mentioned Kirin-Changchun Railway Loan Agreement shall, if so desired by Japan, again be revised.

Art. V. (Draft for exchange of notes.) The Chinese Government shall permit Japanese subjects to prospect or work, after an early examination and selection, the mines elsewhere specified in South Manchuria (excepting the mine lots which have already been prospected or are being worked). The existing arrangements shall be followed until the mining law is made definitely operative.

Art. VI. (Draft for exchange of notes.) The Chinese Government agree that, in future, they will build railways in South Manchuria with funds from Chinese sources, and if foreign capital is required preference will be given to Japanese capitalists.

If, in future, the Chinese Government propose to rise a foreign loan on the security of the taxes of South Manchuria, (excluding the customs and salt revenues which are already made the securities for loans contracted by the Central Government), they shall first consult Japanese capitalists for such a loan.

Art. VII. (Draft for exchange of notes.) The Chinese Government declare that if it is proposed, in future, to engage foreign advisers and instructors in regard to the political, financial, military and police affairs of South Manchuria, they will give the preference to Japanese.

Art. VIII. The existing treaties between China and Japan relative to Manchuria shall remain in force as heretofore, except as otherwise provided for in the present agreement.

Draft for Exchange of Notes relating to Eastern Inner Mongolia.

The Chinese Government declare that they will hereafter not pledge for foreign loans any taxes or duties, excepting the salt gabelle and customs duties, in Eastern Inner Mongolia under the jurisdiction of South Manchuria and the Jehol Intendancy.

The Chinese Government declare that, if it is proposed, in future, to construct railways in Eastern Inner Mongolia under the jurisdiction of South Manchuria and the Jehol Intendancy, China herself will provide the capital for the undertaking, and if foreign capital is required, they will first negotiate with Japanese capitalists, provided such course does not conflict with the existing agreements with the other Powers.

The Chinese Government agree to establish of their own accord open marts, as soon as possible, in suitable places in Eastern Inner Mongolia under the jurisdiction of South Manchuria and the Jehol Intendancy for the residence and trade of foreigners; and regulations relating thereto will be determined according to those of other marts already opened by China herself.

Group III.

The relations between Japan and the Han-Yeh-Ping Company being especially intimate, the Chinese Government shall, when the company and Japanese capitalists shall hereafter have agreed to bring it under joint management, give their consent thereto; and the Chinese Government shall not confiscate or nationalise the concern, nor permit the company to raise any foreign loan other than Japanese.

Group IV.

The Chinese Government to make on their own initiative the following declaration:

The Chinese Government will not transfer or lease to any other Power the bays, harbors, and islands along the coast of China.

Group V.

Draft of a Note to be sent by Mr. Hioki to the Chinese Minister of Foreign Affairs.

It has been rumored that the Chinese Government will permit a foreign Power to construct shipyards, military coaling stations, naval bases, and other military establishments of all kinds on the coast of Fukien Province, and also that China herself intends to construct the above establishments with the loan of foreign capital. A reply is desired as to the truth of the rumour.

Draft of a Note to be sent by the Chinese Minister of Foreign Affairs to Mr. Hioki.

In reply to your note under date the —, the Chinese Government are in a position to declare that they will never permit a foreign Power to construct shipyards, military coaling-stations, naval bases, and other military establishments, nor have they any intention of constructing such establishments with the loan of foreign capital.

V.

japan’s ultimatum to china.

(Delivered by Mr. Hioki to the Chinese Minister of Foreign Affairs, May 7, 1915.)

In opening the present negotiations with the Chinese Government, the Imperial Government were actuated by the desire to adjust matters to meet the new situation created by the war between Japan and Germany and of strengthening, in the interest of a firm and lasting peace in the Far East, the bond of amity and friendship between Japan and China by removing from the relations of the two countries various causes of misunderstanding and suspicion. Since the Imperial Government first presented their proposals to the Chinese Government in January last, twenty-five conferences have been held between the representatives of the two Governments. In these successive conferences, the Imperial Government presented their side of the case fully and frankly, while at the same time, animated by a spirit of conciliation and concord, they gave every possible consideration to the argument advanced by the Chinese Government. This fact, the Imperial Government believe, affords abundant proof of their sincere desire to bring the present negotiations to a peaceful conclusion. With the close of the twenty-fourth conference on April 17th, discussions on all questions were practically brought to an end. Thereupon the Imperial Government, in deference to the expressed wishes of the Chinese Government, considerably modified their original proposals and prepared an amended project, showing no small concessions on their part. This they presented to the Chinese Government on the 26th of the same month, with the announcement that should the Chinese Government accept it, Kiauchou Bay, which is a point of no small importance in the Far East commercially as well as strategically, and which cost Japan so much to take, would be returned to China at a proper time under fair and reasonable conditions. The reply which the Chinese Government gave on May 1st to this amended project of the Imperial Government was a total disappointment. It gave not only no indication of the Japanese amended project having been seriously examined by the Chinese Government, but also failed to show any appreciation of the friendly and generous offer of the Imperial Government. Japan, being now in possession of Kiauchou Bay, is under no obligation to return it to China. It is because of her desire to promote the friendly relations with China that Japan proposes to do so. The Imperial Government cannot conceal their keen disappointment at the utter disregard, on the part of the Chinese Government, of the sentiment which prompted them to make this offer. The Chinese Government, so far from showing an appreciation of the good will of the Imperial Government in respect of Kiauchou Bay, even demanded its unconditional surrender and called upon Japan to indemnify inevitable losses suffered by China in consequence of the war between Japan and Germany. Moreover they presented several other demands in connection with the occupied territory, and declared that they were entitled to participate in the coming peace negotiations between Japan and Germany. A demand like the unconditional surrender of Kiauchou Bay or indemnification by Japan of inevitable losses suffered by China in consequence of the Japan-German war, is one that cannot be justly accepted by the Imperial Government. Nevertheless the Chinese Government declared the last reply to be their final decision. Any agreements that have already been or may hereafter be reached as to the other points would, therefore, be of no effect, unless those inadmissible demands of China are accepted by Japan. In other words, the last reply of the Chinese Government, taken as a whole, amounts to nothing more than a rejection of the entire Japanese proposals.

In several other respects the Chinese reply is no less unsatisfactory.

As regards South Manchuria and Eastern Inner Mongolia, for instance, the Chinese Government ignored the universally recognized fact that these are the regions where, owing to geographical, political and economic reasons, Japan has special interests which have been made the more preponderating as the result of the last two wars. Some of the proposals which the Imperial Government formulated with a conciliatory spirit on the basis of the declarations made by the Chinese representative at the conference, were arbitrarily amended by the Chinese Government, thus nullifying the statement of their own responsible Minister, while in some others an inconsistent and therefore inadmissible amendment was introduced, showing thus no evidence of good faith and sincerity on their part.

As to the questions of advisers, land for schools and hospitals and supply of arms, the Imperial Government merely asked to leave on record what had been declared by the Chinese representative, while as regards the railway concessions in South China, they were satisfied with a promise that the matter would be favorably considered, in case there was no objection on the part of the other interested Powers. These proposals affected in no wise China’s sovereignty or treaty obligations, but the Chinese Government refused to give their consent on the ground that they involved the question of China’s sovereignty or of treaty obligations.

The Imperial Government extremely regret that they find in the attitude of the Chinese Government little use of further continuing the present negotiations. Yet the Imperial Government, who are ever solicitous for the preservation of peace in the Far East, prompted by the desire to bring the present negotiations to a satisfactory close and avoid the development of any serious complication in the situation, have decided, as a mark of their sincere good will towards the Chinese Government, to withdraw from the present negotiations and reserve for future discussion the whole of Group V, except the one item respecting Fukien Province about which agreement has been reached between the representatives of the two Governments.

The Imperial Government therefore advise the Chinese Government, in appreciation of the good will of the Imperial Government, to accept without amendment all items included in Groups I, II, III, and IV, together with the item in Group V relating to Fukien, as embodied in the Japanese amended project of April 26.

In case the Imperial Government fail to receive from the Chinese Government, before 6 p.m. of May 9, a satisfactory response to their advice they will take such independent action as they may deem necessary to meet the situation.

VI.

explanatory note handed to the chinese minister of foreign affairs by the japanese minister at the time of the delivery of the ultimatum, may 7, 1915.

1. The words “the whole of Group V, except the one item respecting Fukien Province” which appear in the latter part of the ultimatum, refer to the question (a) of advisers, (b) of land for schools and hospitals, (c) of railways in South China, (d) of arms and arsenal and (e) of right of preaching.

2. The acceptance by the Chinese Government of the item relating to Fukien Province, may be either in the form proposed by the Japanese Minister on April 26, or in that contained in the Chinese reply of May 1.

Although the ultimatum calls for the acceptance by China, without alteration, of the revised Japanese proposals presented on April 26, yet it should be noted that it merely states the principle, and does not apply to such exceptions as this item and items 4 and 5 of this note.

3. If the Chinese Government accept all the items as demanded in the ultimatum, the offer of the Japanese Government to restore Kiaochou Bay to China, made on April 26, will hold good.

4. The words “lease or purchase “in Art. 2 of Group II may be replaced by the words “temporary lease” or “perpetual lease,” or simply by “lease” on the clear understanding that it means a long-term lease with the privilege of its unconditional renewal.

5. The phrase “the Japanese Government will be consulted” in connection with questions of railway loans and loans to be secured by the taxes in Eastern Inner Mongolia, should be altered in the sense that “Japanese capitalists shall be consulted,” as in the case of similar agreement relating to Manchuria on matters of the same kind.

Of the article relating to the opening of trade marts in Eastern Inner Mongolia, the part which refers to the location and regulations may be left to an exchange of notes, as in the case of Shantung agreement.

6. From the phrase “those interested in the said company” in Group III of the revised Japanese proposals, the words “those interested in” may be deleted.

7. The official text of the treaties and their annexes shall be in Japanese or in both Japanese and Chinese.

VII.

the reply of the chinese government to the ultimatum of the imperial government.

(Handed to Mr. Hioki on May 8, 1915.)

On the 7th May, at 3 p.m., the Chinese Government received from the Japanese Minister the ultimatum of his Government, together with an explanatory note of seven articles. The ultimatum concluded with the statement that the Japanese Government expected a satisfactory reply from the Chinese Government not later than 6 p.m. on the 9th May, and that in the event of their failing to receive a satisfactory reply by that hour, they would take such measures as they might deem necessary.

The Chinese Government, having in view the preservation of peace in East Asia, hereby accept, with the exception of the five items of the fifth group, which are reserved for future negotiation, of the revised proposals presented on the 26th April by the Japanese Government, all the items of the first, second, third, and fourth groups together with the exchange of notes relative to the Fukien question in the fifth group, as set forth in the said revised proposals and explained in the seven articles annexed to the ultimatum, and hope that all outstanding questions between China and Japan will thereby be solved and the friendly relations between the two countries be further strengthened.

The Japanese Minister is requested to appoint a day for calling at the Department of Foreign Affairs in order to make verbal amendments in the text and sign the documents at an early date.

VIII.

treaties signed and notes exchanged between japan and china on may 25, 1915.

treaty respecting the province of shantung.

(Signed at Peking, May 25, 1915.)

His Majesty the Emperor of Japan and His Excellency the President of the Republic of China, being desirous to maintain the general peace of the Far East and to further strengthen the relations of amity and good neighborhood existing between the two countries, have resolved to conclude a treaty for that purpose and to that end have named their Plenipotentiaries, that is to say:—

• His Majesty the Emperor of Japan, Mr. Eki Hioki, Jushii, Second Class of the Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary and Minister Plenipotentiary to the Republic of China; and
• His Excellency the President of the Republic of China, Mr. Lu Cheng-hsieng, Tsung-Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of the Republic of China;

Who, after having communicated to each other their respective full Powers, which were found to be in good and due form, have agreed upon the following articles:

• Article I. The Chinese Government engage to recognize all matters that may be agreed upon between the Japanese Government and the German Government respecting the disposition of all the rights, interests and concessions, which, in virtue of treaties or otherwise, Germany possesses vis-à-vis China in relation to the Province of Shantung.
• Article II. The Chinese Government engage that, in case they undertake the construction of a railway connecting Chefoo or Lungkou with the Kiaochou-Tsinan Railway, they shall, in the event of Germany’s surrendering her right of providing capital for the Chefoo-Weihsien railway line, enter into negotiations with Japanese capitalists for the purpose of financing the said undertaking.
• Article III. The Chinese Government engage to open, of their own accord, as early as possible, suitable cities and towns in the Province of Shantung for the residence and trade of foreigners.
• Article IV. The present treaty shall take effect on the day of its signature.

The present treaty shall be ratified by His Majesty the Emperor of Japan and by His Excellency the President of the Republic of China, and the ratifications thereof shall be exchanged at Tokyo as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed this treaty made in duplicate, in Japanese and in Chinese, and have hereunto affixed their seals.

Done at Peking the 25th day of the 5th month of the 4th year of Taisho, corresponding to the 25th day of the 5th month of the 4th year of the inauguration of the Republic of China.

Eki Hioki. [seal.]

Lu Cheng-Hsieng. [seal.]

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: In the name of the Chinese Government, I have the honour to make the following declaration to your excellency’s Government:

The Chinese Government will never lease or alienate, under any designation whatever, to any foreign Power any territory within or along the coast of the Province of Shantung or any island lying near the said coast.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs,

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date in which you make, in the name of the Government of China, the following declaration to the Imperial Government of Japan: [Repeats declaration in above note.]

In reply I beg to state that I have taken note of this declaration.

I avail [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to state that the cities and towns to be opened in accordance with the stipulation of Art. III of the Treaty respecting Shantung Province, signed to-day, will be selected and the regulations therefor will be drawn up, by the Chinese Government, and will be decided upon after consultation with the Japanese Minister.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date, in which you state: [Repeats statement in above note.]

In reply I beg to state that I have taken note of the same.

I avail [etc.]

Eki Hioki.

treaty respecting south manchuria and eastern inner mongolia.

(Signed at Peking, May 25, 1915.)

His Majesty the Emperor of Japan and His Excellency the President of the Republic of China, being desirous to develop the economic relations of the two countries in the regions of South Manchuria and Eastern Inner Mongolia, have resolved to conclude a treaty for that purpose and to that end have named their Plenipotentiaries, that is to say:

• His Majesty the Emperor of Japan, Mr. Eki Hioki, Jushii, Second Class of the Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary and Minister Plenipotentiary to the Republic of China; and
• His Excellency the President of the Republic of China, Mr. Lu Cheng-hsieng, Tsung-Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of the Republic of China;

Who, after having communicated to each other their respective full powers, which were found to be in good and due form, have agreed upon the following articles:

Article i. The high contracting parties mutually agree to extend the term of the lease of Port Arthur and Dairen, and the term relating to the South Manchurian Railway and to the Antung-Mukden Railway, to a period of ninety nine years respectively.

Article ii. The subjects of Japan shall be permitted in South Manchuria to lease land necessary either for erecting buildings for various commercial and industrial uses or for agricultural purposes.

Article iii. The subjects of Japan shall have liberty to enter, travel and reside in South Manchuria and to carry on business of various kinds—commercial, industrial and otherwise.

Article iv. The Government of China shall permit joint undertakings, in Eastern Inner Mongolia, of the subjects of Japan and citizens of China, in agriculture and industries auxiliary thereto.

Article v. With respect to the three preceding articles, the subjects of Japan shall produce before the local authorities the passports duly issued for the purpose of registration, and shall also submit themselves to the police laws and regulations and taxes of China.

In civil and criminal suits, the Japanese consular officer, where a Japanese subject is the defendant, and the Chinese official, where a Chinese citizen is the defendant, shall respectively try and decide the case, both the Japanese consular officer and the Chinese official being permitted each to send his agent to attend the trial by the other, to watch the proceedings; provided that in civil suits arising out of land disputes between Japanese subjects and Chinese citizens, the cases shall be tried and decided by the joint tribunal composed of the properly authorized officials of the two countries, in accordance with the laws and local usages of China.

In the future when the judicial system in the said regions shall have been completely reformed, all civil and criminal suits involving Japanese subjects shall be wholly tried and decided by the law courts of China.

Article vi. The Government of China engage to open of their own accord, as early as possible, suitable cities and towns in Eastern Inner Mongolia, for the residence and trade of foreigners.

Article vii. The Government of China agree to a speedy fundamental revision of various agreements and contracts relating to the Kirin-Changchun Railway, on the basis of the terms embodied in railway loan agreements which China has heretofore entered into with various foreign capitalists.

If, in future, the Chinese Government grant to foreign capitalists, in matters that relate to railway loans, more advantageous terms than those in the various existing railway loan agreements, the above-mentioned Kirin-Changchun Railway Loan Agreement shall, if so desired by Japan, be further revised.

Article viii. Except as otherwise provided in this treaty, all existing treaties between Japan and China with respect to Manchuria shall remain in force.

Article ix. The present treaty shall take effect on the day of its signature.

The present treaty shall be ratified by His Majesty the Emperor of Japan and by His Excellency the President of the Republic of China, and the ratifications thereof shall be exchanged at Tokyo as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed this treaty made in duplicate, in Japanese and in Chinese, and have hereunto affixed their seals.

Done at Peking the 25th day of the 5th month of the 4th year of Taisho, corresponding to the 25th day of the 5th month of the 4th year of the inauguration of the Republic of China.

Eki Hioki. (seal.)

Lu Cheng-Hsieng. (seal.)

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to state that respecting the stipulation of Art. I of the treaty relating to South Manchuria and Eastern Inner Mongolia, signed this day, the extension of the term of the lease of Port Arthur and Dairen shall expire in the eighty-sixth year of the Republic, that is to say, in the year 1997 of the Christian Era. The date for reversion to China of the South Manchuria Railway shall fall due in the ninety-first year of the Republic, that is to say, the year 2002 of the Christian Era, and the clause in Art. XII of the original Chinese Eastern Railway Agreement, providing that the Chinese Government may take over the railway after thirty-six years from the day on which it is opened for traffic, is hereby declared null and void The term with respect to the Antung-Mukden Railway shall expire in the ninety sixth year of the Republic, that is to say, the year 2007 of the Christian Era.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date, stating: [Repeats statement in above note].

In reply I beg to state that I have taken note of the same.

I avail [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to state that the cities and towns to be opened in accordance with the stipulation of Art. VI of the treaty respecting South Manchuria and Eastern Inner Mongolia, signed this day, will be selected and the regulations therefor will be drawn up by the Chinese Government, and will be decided upon after consultation with the Japanese Minister.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date in which you state: [Repeats statement in above note.]

In reply I beg to state that I have taken note of the same.

I avail [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to state that when the undermentioned mines in South Manchuria (exclusive of those mining lots which have already been prospected or worked) have at an early date been examined and selected by Japanese subjects, permission to prospect or work such mines will be granted by the Chinese Government; but until the mining law becomes definitely operative, the practice at present in force shall be followed.

Province of Fengtien.

Locality.	District.	Mineral.
Niu Hsin T’ai	Pen-hsi	Coal.
Tien Shih Fu Kou	Pen-hsi	”
Shan Sung Kang	Hai-lung	”
T’ieh Ch’ang	T’ung-hua	”
Nuan Ti T’ang	Chin	”
An Shan Chan region	From Liao-yeng to Pen-hsi	Iron.

Province of Kirin (southern portion).

Sha Sung Kang	Ho-lung	Coal and Iron.
Kang Yao	Kirin	Coal.
Chia P’i Kou	Hua-tien	Gold.

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date in which you state: [Repeats statement in above note.]

In reply I beg to state that I have taken note of the same.

I avail [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: In the name of the Chinese Government, I have the honor to make the following declaration to your excellency’s Government:—

The Chinese Government will, when it is proposed in future to build railways in South Manchuria and Eastern Inner Mongolia, employ Chinese capital for the purpose, and if foreign capital should be required, they will negotiate first with Japanese capitalists for a loan; and further, when the Chinese Government propose to raise a loan abroad on the security of the taxes of the above mentioned regions (excluding, however, the salt gabelle and customs duties which are already made securities for the loans of the Chinese Central Government), they will first consult Japanese capitalists.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date, in which in the name of your Government, you make the following declaration to my Government: [Repeats declaration in above note.]

In reply I beg to state that I have taken note of this declaration.

I avail [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: In the name of the Chinese Government, I have the honor to make the following declaration to your excellency’s Government:—

If, in future, the Chinese Government desire to employ foreign advisers and instructors on political, financial, military and police affairs in South Manchuria, preference will be given to Japanese.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date, in which, in the name of your Government, you make the following declaration to my Government: [Repeats declaration in above note.]

In reply I beg to state that I have taken note of this declaration.

I avail [etc.]

Eki Hioki,

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to state that it is understood that the term “lease” mentioned in Art. II of the Treaty respecting South Manchuria and Eastern Inner Mongolia, signed this day, includes leases for a long term up to thirty years and unconditionally renewable.

I avail [etc.]

Eki Hioki,

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date, in which you state: [Repeats statement in above note.]

In reply I beg to state that I have taken note of the same.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to state that in regard to the police laws and regulations and taxation, to which Japanese subjects are to submit according to the stipulation of Art. V of the treaty respecting South Manchuria and Eastern Inner Mongolia, signed this day, the Chinese authorities should consult the Japanese consular officer before they are carried into effect.

I avail [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Minister: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date in which you state: [Repeats statement in above note.]

In reply I beg to state that I have taken note of the same. I avail [etc.]

Lu Cheng-Hsieng.

The Minister of Foreign Affairs to the Japanese Minitser.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to inform your excellency that as various preparations are requisite with respect to Arts. II. III. IV. and V of the treaty respecting South Manchuria and Eastern Inner Mongolia, signed this day, the. Chinese Government request your Government to agree to the postponement of the putting into effect of the said articles for a period of three months from the date of its signing.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date, informing me that: [Repeats statement in above note.]

I beg to state that the Imperial Government, deeming it unavoidable in the present circumstances, agree, to the desired postponement.

I avail [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to inform your excellency that in view of the very close relations subsisting between Japanese capitalists and the Han-Yeh-Ping Company, the Chinese Government engage to approve the agreement that may be concluded in future between the company and Japanese capitalists for its joint undertaking, and not to confiscate it, to nationalize it without the consent of the Japanese capitalists, nor to permit it to contract any foreign loan other than Japanese.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date in which you inform me: [Repeats statement in above note.]

In reply I beg to state that I have taken note of the same.

I avail [etc.]

Eki Hioki.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: As it has been reported that the Chinese Government intend to permit a foreign Power to build a shipyard, military coaling-station, naval station, and all other military establishments, on the coast of Fukien Province, or that China herself intends to build the above-mentioned establishments with foreign capital, I have the honor to request your excellency to be good enough to inform me whether the Chinese Government have in fact such intention.

I avail [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: In reply to your excellency’s note of to-day’s date, I have the honor to make the declaration that the Chinese Government will in no case permit a foreign Power to build a shipyard, military coaling-station, naval station, or any other military establishment, nor do they intend to build the above-mentioned establishments with foreign capital.

I avail [etc.]

Lu Cheng-Hsieng.

The Japanese Minister to the Minister of Foreign Affairs.

Peking, May 25, 1915.

Monsieur le Ministre: In the name of the Imperial Government, I have the honor to make the following declaration to your excellency’s Government:—

If, upon the conclusion of the present war, the Japanese Government should be given an absolutely free disposal of the leased territory of Kiaochou Bay, they will return the said leased territory to China subject to the following conditions:—

1. Opening of the whole of Kiaochou as commercial port;

2. Establishment of a Japanese settlement in the locality to be designated by the Japanese Government;

3. Establishment, if desired by the Powers, of an international settlement;

4. Arrangements to be made, before the return of the said territory is effected, between the Japanese and Chinese Governments, with respect to the disposal of German public establishments and properties and with regard to the other conditions and procedures.

I avail, [etc.]

Eki Hioki.

The Minister of Foreign Affairs to the Japanese Minister.

Peking, May 25, 1915.

Monsieur le Ministre: I have the honor to acknowledge the receipt of your excellency’s note of to-day’s date, in which, in the name of your Government, you make the following declaration to my Government: [Repeats declaration in above note.]

In reply I beg to state that I have taken note of this declaration.

I avail [etc.]

Lu Cheng-Hsieng.