China, it has been agreed to record in the present additional note the agreement arrived at with regard to the line Shanhai-kuan-Newchwang, for the construction of which a loan has been already contracted by the Chinese Government with the Shanghai-Hongkong Bank, acting on behalf of the British and Chinese Corporation.

The general arrangement established by the above-mentioned notes is not to infringe in any way the rights acquired under the said Loan Contract, and the Chinese Government may appoint both an English engineer and an European accountant to supervise the construction of the line in question, and the expenditure of the money appropriated to it.

But it remains understood that this fact cannot be taken as constituting a right of property or foreign control, and that the line in question is to remain a Chinese line, under the control of the Chinese Government, and cannot be mortgaged or alienated to a non-Chinese Company.

As regards the branch line from Siaoheishan to Sinminting, in addition to the aforesaid restrictions, it has been agreed that it is to be constructed by China herself, who may permit European-not necessarily British-engineers to periodically inspect it, and to verify and certify that the work is being properly executed.

The present special Agreement is naturally not to interfere in any way with the right of the Russian Government to support, if it thinks fit, applications of Russian subjects or establishments for Concessions for railways, which, starting from the main Manchurian line in a southwesterly direction, would traverse the region in which the Chinese line terminating at Sinminting and Newchwang is to be constructed.

ST. PETERSBURG, April 28, 1899.

CHARLES S. SCOTT.†

NUMBER 1899/4.

CHINA.

Proclamation in regard to the extension of the international settlement at Shanghai.*-May 2, 1899.

Proclamation of Li, Wearer of the Button of Second Grade by Imperial Grace, Commissioner of Kiangnan Customs, Taotai of Shanghai, concurrently in charge of copper mines, Hereditary Baron of the Third Class.

After rules and regulations were made for the first section of a foreign settlement north of the Yang King Pang by former Taotai Kung and former British.

* Translation from the Chinese text.

The same, mutatis mutandis, was sent the same day by Count Mouravieff, Minister of Foreign Affairs of Russia, to Sir Charles Scott.

Consul Parker on the fifth day of the eighth moon, in the twenty-sixth year of Tao Kuang (September 24, 1846), commerce was improved, the laboring classes were benefited and the prosperity of the place increased.

So that on the second day of the eleventh moon, in the twenty-eighth year of Tao Kuang (November 27, 1848), former Taotai Lin and former British Consul Allen had a consultation concerning extension, and agreed upon boundaries, mapped out the place and set up boundary stones.

Later on, on the thirteenth day of the fifth moon of the nineteenth year of Kuang Hsü (June 26, 1893), outside of the first district of the settlement the Hongkew district was set aside for a settlement by former Taotai Nieh, who deputed former Shanghai Magistrate Huang to consult with Mr. Emens, Vice Consul General of the United States acting in behalf of the consuls of the various countries. Boundaries were surveyed and fixed and stones set up.

Still later, on the tenth day of the second moon, in the twenty-fourth year of Kuang Hsü (March 2, 1898), during the incumbency of former Taotai Ts'ai, an application was received from the Senior Consul, Mr. Stubel, Consul General of Germany, for the extension of the settlement. Instructions were also received from His Excellency Liu, Superintendent of Southern Trade, stating that communication had been received from Mr. Brenan, British Consul General at Shanghai, and Mr. E. T. Williams, Acting Consul General of the United States, pointing out that the present settlement was not large enough for the increasing business of Shanghai and asking for an extension, not with any idea of interfering with the authority of Chinese officials, as all rules and regulations concerning Chinese must have the previous approval of the local authorities before they can be enforced. As to the extension of the limits of the settlement a satisfactory arrangement should be made with the local authorities. In obedience to this order, former Taotai Ts'ai proposed boundaries for the extension of the international settlement and communicated them to the Senior Consul, Mr. Valdez, consul General of Portugal. But before a satisfactory arrangement was arrrived at, former Taotai Ts'ai was removed.

I have now assumed office. His Excellency Liu, Superintendent of Southern Trade, has appointed Deputies Ferguson and Yü to come to Shanghai, to be associated with me in the settlement of the question. Realizing that business in Shanghai is daily increasing and that the place is not large enough, it was plainly my duty to have a discussion concerning the extension of the International Settlement. A conference was held between Deputies Ferguson and Yü, the consuls of the various countries and myself, when a satisfactory arrangement was concluded.

In the rules and regulations for the former settlement, which were from time to time agreed on, and in the new regulations for the Hongkew settlement, the rights of the Chinese people with regard to houses and land, graves, and waterways are all plainly stated and will be protected. These regulations were sometime ago printed and placed at the gate of the Municipal Council as well as in other public places, for the information and compliance of everyone.

The Shanghai district magistrate is now ordered to carry into effect our decision regarding the international extension, make a map, and set up boundary

stones in conjunction with Deputies Ferguson and Yü and with the chairman of the Municipal Council.

Having sent despatches to the consuls of the various countries on the subject, I feel in duty bound to issue this proclamation that all classes of people may be informed about the matter; and hereafter all matters within the settlement will be governed by the rules and regulations, excepting temples and Chinese Government property, which are not under the control of the Municipal Council.

Let all obey this special proclamation!

Boundaries of the international settlement extension.

East, from Yangtzepoo Bridge in the American settlement to Chou Chia Chui. West, from Ni Ch'eng Bridge (Mud City Bridge) to Cheng An Ssu Chen (Bubbling Well Temple), and from a straight line drawn from Bubbling Well Temple to the south bank of Soochow Creek at Sinza. South, from Pa Hsien Bridge (Bridge of the Eight Fairies) in the French Settlement to Cheng An Ssu Chen (Bubbling Well Temple).

North, from the fifth boundary stone in the Hongkew settlement to the north boundary of Shanghai district; that is, from the boundary line between Shanghai and Paoshan districts in a straight line to Chow Chia Chui.

The (23) day of the fourth moon, in the twenty-fifth year of Kuang Hsü (May 2, 1899).

NUMBER 1899/5.

RUSSIA AND CHINA.

Note of the Tsung-li Yamen to the Russian Minister at Peking in regard to the construction of railways northward and northeastward from Peking.*June 1, 1899.

Your Excellency:

We discussed with Your Excellency a few days ago the subject of a railway connecting the Manchurian Railway with Peking, and explained the difficulty felt by the Chinese Government in acceding to the proposal. But we stated clearly that no other Government would be allowed to construct such a railway.

We now wish to reiterate in the plainest terms that China agrees that if railways are in future built from Peking to the north or to the northeast towards the Russian border, China reserves the right to construct such roads with Chinese capital and under Chinese supervision, but if it is proposed to have such construction undertaken by any other nation, the proposal shall be first made to the Russian Government or to the Russian syndicate to construct * Translation from the Chinese text. See Note to this document, post, p. 208.

the railway, and on no consideration will any other Government or a syndicate of any other nationality be allowed to construct the railway.

We ask Your Excellency to communicate this message to the Foreign Office of Your Excellency's Government.

Note

The following is a translation from the Chinese version of the acknowledgment addressed to the Tsung-li Yamen by the Russian Minister (Mr. de Giers) under date of June 17, 1899 :—

Reply of Russian Minister in regard to Railways Northward and Northeastward from Peking.-June 17, 1899.

"Receipt is acknowledged of Your Excellencies' note of the twenty-third day of the fourth moon of this year (June 1, 1899), stating that the Chinese Government would not allow any other Government to construct a railway to Peking, and furthermore agreeing that if railways are in future built from Peking to the north or to the northeast towards the Russian border, no matter in what direction, China reserves the right to construct such roads with Chinese capital and under Chinese supervision, but if it is proposed to have such construction undertaken by any other nation, the proposal shall first be made to the Russian Government or to the Russian syndicate to construct the railway, and on no consideration will any other Government or a syndicate of any other nationality be allowed to construct the railway.

66 6

"The statements above set forth were communicated, in accordance with your request, to my Government, and I have now received a reply from Count Mouravieff, as follows: 'The assurances of the Chinese Government have been respectfully noted. While the Russian Government will not at once ask for the construction of a road connecting the main line of the Manchurian Railway with Peking, the demand of Russia for the construction of this road was based on the responsibility assumed by the Chinese Government in its note of the thirteenth day of the sixth moon of last year (July 31, 1898), which is direct and incontrovertible, the failure to fulfil which involves an indemnity. This responsibility cannot therefore be allowed to lapse.'"

In connection with this note, see the Anglo-Russian exchange of notes of April 28, 1899 (No. 3, 1899/3, ante); Agreement between Russia and China concerning Manchuria, April 8, 1902 (No. 1902/3, post); Agreement for the transfer of the Peking-Shanhaikuan Railway to the Chinese Civil Administration, and the Additional Agreement respecting the management of the northern railways, April 29, 1902 (No. 1902/4, post), and note of the Wai-wu Pu to the Russian Minister, June 10, 1902, attached thereto.

NUMBER 1899/6.

KOREA AND CHINA.

Treaty of amity and commerce.*-September 11, 1899.

His Majesty the Emperor of Korea and His Majesty the Emperor of China, being sincerely desirous of establishing permanent relations of harmony and friendship between their respective subjects, have resolved to con

*Translation from the Chinese text, as printed in Rockhill, p. 424. Printed also in English translation in Hertslet, p. 241; Customs, Vol. II, p. 864.

Hertslet (p. 241) notes that by Article 2 of the convention between Japan and Korea

clude a treaty for that purpose, and have therefore named as their plenipotentiaries, that is to say:

His Majesty the Emperor of Korea, Pak Chai Sun, Korean Minister of Foreign Affairs, Minister of the Council of State, etc., His Majesty's Minister Plenipotentiary;

His Majesty the Emperor of China, Hsü Shou Peng, an official of the second grade, Director of the Imperial Stud, His Majesty's Minister Plenipotentiary;

Who, after having communicated to each other their respective full powers, found in due and good form, have agreed upon and concluded the following commercial treaty:

ARTICLE I.-Peace, friendship, good offices.-There shall be perpetual peace and friendship between the Empire of Korea and the Empire of China, and between their respective subjects, who shall enjoy equally in the respective countries of the High Contracting Parties full protection and the advantages of favorable treatment.

If other powers should deal unjustly or oppressively with either Government, the other, on being informed of the case, will exert their good offices to bring about an amicable arrangement, thus showing their friendly feelings.

ARTICLE II.-Diplomatic representatives.—After the conclusion of this treaty of amity and commerce, the High Contracting Parties may each appoint diplomatic representatives to reside at the court of the other, and may each appoint consular representatives at the ports of the other which are open to foreign commerce, at their own convenience.

These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality.

The diplomatic and consular representatives of the two Governments shall enjoy mutually all the privileges, rights, and immunities, without discrimination, which are accorded to the same class of representatives from the most favored nation.

Consular representatives.-Consuls shall exercise their functions only on receipt of an exequatur from the Government to which they are accredited. No restrictions or difficulties shall be imposed upon the movement of the members of the official establishments of either country or upon messengers carrying official dispatches.

Consular authorities shall be bona fide officials. No merchant shall be permitted to exercise the duties of the office, nor shall consular officers be allowed to engage in trade.

At ports to which no consular representatives have been appointed the consuls of the other powers may be invited to act, provided that no merchant shall be allowed to assume consular functions.

of November 17, 1905, providing for the control of Korean foreign relations by Japan, it is stipulated that "The Government of Japan undertake to see to the execution of the Treaties actually existing between Korea and other Powers". The proclamation of the Japanese Government in connection with the Treaty of annexation of Korea, concluded August 22, 1910, made the announcement that "Treaties hitherto concluded by Korea with foreign Powers ceasing to be operative, Japan's existing Treaties will, so far as practicable, be applied to Korea."