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assurance, we feel called on to address this official reply to your Excellency, begging you to take note of and forward it.

NUMBER 1898/7.

FRANCE AND CHINA.

Agreement in regard to a concession to build a railway from Tongking to Yunnan, the lease of Kuang-chou-wan, and the organization of the Chinese postal service.*-April 10, 1898.

M. DUBAIL, Chargé d'AffaiRES OF THE FRENCH REPUBLIC TO THE TSUNG-LI YAMÊN.

PEKING, 9th April, 1898.

In pursuance of our interviews, and in execution of the formal instructions of the Government of the Republic, which has furnished me with special powers, I have the honour to ask your Highnesses and your Excellencies to acquiesce in the following terms designed to draw closer the bonds of friendship and neighbourliness which unite the Chinese Empire to the French Republic:

1st. The Chinese Government grant to the French Government, or to the French Company, which the latter may designate, the right to make a railway from the frontier of Tongking to Yün-nan-fu; the Chinese Government having no other responsibility (charge) but to furnish land for the road and its dependencies. The route (tracé) of this line is actually surveyed (étudié), and will be fixed later on in agreement with the two Governments. Regulations will be jointly made.

2nd. The Chinese Government, in consideration of its friendship for France, leases the bay of Kuang-chou-wan, for 99 years, to the French Government, which may establish a naval station and coal depôt there. The boundaries of the Concession will be fixed hereafter by agreement between the two Governments, after examination on the spot. The question of rental will be arranged later on.

3rd. When the Chinese Government organizes a definite Postal Service and places a high functionary at its head, it proposes to call for the help of foreign officers, and declares itself willing to take account of the recommendations of the French Government in respect to the selection of the Staff.†

* Translations as given in Rockhill, p. 250, from French versions printed in Doc. Dipl., Chine, 1894-1898, p. 50. Printed also, in French versions, in Hertslet, p. 327; Recueil, p. 342. See Note to this document, post, p. 125.

In an article in the London Times of May 30, 1911, on the transfer of the Chinese post-office to the Central Government, the Peking correspondent stated that This engagement was made more explicit by an Exchange of Notes in October, 1902, between Prince Ch'ing, President of the Wai-wu Pu, and Mr. Casenave, Chargé d'Affaires of the French Legation."

I beg your Highnesses and your Excellencies to be good enough to acknowledge receipt of this despatch by an identical letter which will constitute the agreement of our two Governments. The two documents will serve as a Convention.

G. DUBAIL.

THE TSUNG-LI YAMÊN TO M. DUBAIL, &C.

(PEKING,) 10th April, 1898.

On the 9th April, 1898, we received from Your Excellency the following despatch:

[Despatch quoted as above.]

As it is said in the dispatch which you addressed to our Yamên that these three requests are destined to draw closer the bonds of friendship which unite us, we are able to acquiesce in them. China and France ought to strengthen the good relations which exist between them, and avert forever any cause of conflict. It is our duty to address this answer to Your Excellency, in order that you may transmit it to your Government.

[Signatures of the President and Members of the Tsung-li Yamên.]

Note.

In connection with this agreement see the Convention for the lease of Kuang-chouwan, May 27, 1898 (No. 1898/10, post); see also the contract for the Yunnan Railway, October 29, 1903 (No. 1903/6, post). Consult also the memorandum on railway and mining concessions secured by France and French companies in China, Doc. Dipl., Chine, 1894-1898, p. 23, of which a translation is printed in Rockhill, p. 402.

In Rockhill, p. 280, is given the following translation (from Doc. Dipl., Chine, 1894-1898, p. 53) of an exchange of telegrams in regard to a concession for building a railway from Pakhoi to the West River:

"M. HANOTAUX TO M. PICHON.

"(PARIS,) 2 May, 1898.

"The recent reports of our Consular Agents show the interest we have in developing means of access (voies de pénétration) in the region of Kwangtung and Kwangs which borders the Gulf of Tongking. Be good enough to ask the Chinese Government for the concession, to a French Company, of a railway destined to connect the port of Pakhoi with a point to be fixed upon on the course of the West River: such concession to be made on the lines of the contract entered into in June 1896, for a railway from Dongdang to Lungchow.

"M. PICHON TO M. HANOTAUX.

"(PEKING,) 28 May, 1898.

"The Chinese Government consents to our request for a railway from Pakhoi to the West River. It is understood that the French, or the Franco-Chinese Company only, may construct all railways having Pakhoi as their starting point."

NUMBER 1898/8.

JAPAN AND CHINA.

Declaration concerning the non-alienation of the Province of Fukien.*—April 26, 1898.

THE TSUNG-LI YAMEN TO THE JAPANESE MINISTER AT PEKING.

PEKING, April 26, 1898.

Prince Ch'ing and the Ministers of the Tsung-li Yamên have the honour to reply to a communication from the Minister of Japan dated 2nd day, 3rd intercalary month, 24th year Kuang-Hsü (April 22, 1898), which reads as follows:

"A telegram has just been received from the Minister of Foreign Affairs, which reads as follows:

"The Government of Japan has viewed with constant deep concern the difficulties with which the Government of China has recently been confronted. The declaration made at the time of the evacuation of Weihaiwei is evidence of this. It is to be apprehended that trouble may arise with consequences disastrous to China. In all this there is no mistaking what our real purpose is.

"In view of the present state of affairs, the Government of Japan, mindful of its own interests, cannot act as if entirely in ignorance of passing events, but must take proper measures to meet any situation that may arise. You will ask the Government of China to make a declaration that it will not cede or lease to any other Power any portion of its territory within the Province of Fu-kien.'"

Referring to his oral statements made in a personal interview, the Minister of Japan requests that a reply be given to his communication.

The Princes and the Ministers have the honour to state that the Province of Fu-kien, with all the territory in the interior and along the sea-coast within. its limits, which is an important part of China, China will never cede or lease to any other Power whatsoever; and to request that this reply be communicated to the Government of Japan.

The Princes and the Ministers avail themselves of this opportunity to renew to the Minister of Japan the assurances of their most distinguished consideration.

* Translation from Chinese text (?) as printed in Rockhill, p. 181. Printed also in Hertslet, p. 1154.

In connection with this declaration see other non-alienation declarations, cited in the footnote to that concerning Hai-nan, March 15, 1897 (1897/2, ante); see also the exchange of notes between Japan and China respecting naval bases, etc., on the coast of Fukien, May 25, 1915 (No. 1915/8, post).

NUMBER 1898/9.

RUSSIA AND CHINA.

Additional agreement defining the boundaries of the leased and neutralized territory in the Liaotung Peninsula.*-May 7, 1898.

The Governments of Russia and China being desirous of adding some stipulations to the Treaty concluded at Peking on the 15/27th March, 1898,† the Plenipotentiaries of both Governments have agreed upon the following:

Article I.—In accordance with Article II of the original Treaty the northern territory leased and yielded to Russia-Port Arthur, Talienwan, and the Liaotung Peninsula-shall commence from the north side of Ya Tang Bay on the west coast of Liaotung and shall pass through the ridge of Ya-tang Mountain (the mountain ridge being included in the leased ground) to the east coast of Liaotung near the north side of the P'i-tzu-wo Bay. Russia shall be allowed the use of all the waters adjacent to the leased territory and all the islands around it.

Both countries shall appoint special officers to survey the ground and determine the limits of the leased territory.

Article II. To the north of the boundary fixed in Art. I, there shall, in accordance with Art. V of the Peking Treaty, be a neutral ground, the northern boundary of which shall commence on the west coast of Liaotung at the mouth of the Kai-chou River, shall pass north of Yu-yen-cheng to the Ta-yang River, Asin. and shall follow the left bank of the river to its mouth, this river also to be included in the neutral territory.

Article III-The Russian Government consents that the terminus of the branch line connecting the Siberian Railway with the Liaotung Peninsula shall be at Port Arthur and Talienwan, and at no other port in the said peninsula.

It is further agreed in common that railway privileges in districts traversed by this branch line shall not be given to the subjects of other Powers. As regards the railway which China shall [may] herself build hereafter from Shan-hai-kuan in extension to a point as near as [lit., nearest to] possible to this branch line, Russia agrees that she has nothing to do with it.

Article IV. The Russian Government assents to the request of the Chinese Government that the Administration and police of the City of Kinchow shall be Chinese. Chinese troops will be withdrawn from Kinchow and replaced by Russian troops. The inhabitants of the city have the power to use the roads from Kinchow to the north boundary of the leased territory, and the waters

*Translation from the Chinese text as printed in Customs, Vol. II, p. 227. Printed also in translations from unofficial versions in China (1899), No. 1, p. 188; Rockhill, p. 53; Am. Int. Law Journal, Supplement, 1910, p. 291; F. E. Review, vol. 11, p. 395; Hertslet, p. 508.

In connection with this agreement see the Convention for the lease, March 27. 1898 (No. 1898/5, ante); also the Agreement for the southern Manchurian branch of the Chinese Eastern Railway, July 6, 1898 (No. 1898/15, post).

† No. 1898/5, ante.

usually required near the city, the use of which has been granted to Russia; but they have no power to use the sea-coast (round about).

Article V.-The Chinese Government agrees [lit., agrees to recognize]:

1. That without Russia's consent no concession will be made in the neutral ground for the use of subjects of other Powers.

2. That the ports on the sea-coast east and west of the neutral ground shall not be opened to the trade of other Powers.

3. And that without Russia's consent no road and mining concessions, industrial and mercantile privileges shall be granted in the neutral territory.

Article VI.—The Articles agreed to above will be drawn up, one copy in Chinese and one in Russian, and signed by the plenipotentiaries of the two countries.

For purposes of interpretation, the Russian will be the authoritative text. Kuang-hsü, 24th year, 3rd intercalary month, 17th day: Russian Calendar, April 25, 1898 (May 7th, 1898).

NUMBER 1898/10.

FRANCE AND CHINA.

Convention for the lease of Kuang-chou Wan.*-May 27, 1898.†

ARTICLE I.-Purpose of lease.-The Chinese Government, in consideration of its friendship for France, has given by a lease for 99 years Kuang-chou Wan to the French Government to establish there a naval station with coaling depot, but it is understood that this shall not offset the sovereign rights of China over the territory ceded.

ARTICLE II.-Extent of territory leased. The leased territory shall include the waters and ground necessary for the security, the provisioning and the normal development of the naval station and of the coaling depot, that is to say: (a) The island of Tong-hai;

(b) The island of Nao-chou;

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

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

*Translation, as given in Rockhill, p. 55, from the French text as reprinted in Doc. Dipl., Chine, 1898-1899, p. 2. Printed, also, in French text, in Customs, Vol. I, p. 946; Hertslet, p. 329; in translation, in Am. Int. Law Journal, Supplement, 1910, p. 293.

In connection with this convention see also the Agreement in regard to a railway from Tongking to Yunnan, etc., April 10, 1898 (No. 1898/7, ante.)

The date given is that of the submission of the convention to the Tsung-li Yamen for approval; the convention was ratified by China on February 19, 1900.

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