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Parties and the ratifications shall be exchanged at Washington, as soon as possible.†

In witness whereof, we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our respective seals.

Done at Washington, in two originals in three languages Spanish, Chinese and English, this fourteenth day of December of the year One thousand eight hundred and ninety nine of the Christian era, corresponding to the twelfth day of the eleventh moon of the twenty-fifth year of Kwang-Hsu. [SEAL] MANUEL DE AZPIROZ. [SEAL] WU TING-FANG.

NUMBER 1900/1.

FRANCE AND GREAT BRITAIN.

Exchange of notes respecting regulations to be applied in any future extension of the British or French concession at Hankow.*-January 15, 1900.

(1).-Note Verbale communicated to M. Cambon.

It is understood on the part of Her Majesty's Government that, in the event of any extension of the French Concession at Hankow being obtained subsequently to this date, the following conditions as regards British property therein will be strictly observed :—

1. All deeds applying to British property to be registered in the British Consulate.

2. All Municipal Regulations to be submitted to Her Majesty's Minister at Peking before they can be enforced on British subjects.

3. All titles to British property which are declared in order by the British Consul-General are to be so considered by the French authorities.

With respect to the British claims to land situated in the present French Concession, which are believed to be four in number, and all of which are represented by Mr. Greaves, of Hankow, as it is understood that the validity of the titles is questioned by the French authorities, Her Majesty's Government consent to the question being referred to the British and French Consuls-General at Shanghai, and failing an agreement being arrived at by them, to an Arbitrator, by whom the matter would be decided in accordance with precedent and local usage.

Foreign Office, London, December 22, 1899.

* Text, and translation from the French text, as printed in Hertslet, p. 589. † Ratifications exchanged at Washington, July 19, 1900.

M. LE MARQUIS,

(2).-M. Cambon to the Marquess of Salisbury.†

Embassy of France, London, January 15, 1900.

I have the honor to acknowledge the receipt from Your Lordship of the memorandum that you were so good as to send me, on December 22 last, on the subject of the Regulations to be applied in the French Concession at Hankow, in the event of its being extended.

My Government, to which I have not failed to refer it, instructs me to make known to you that it gives its adherence to the four points embodied in that document. It is, on the other hand, clearly understood between the two Governments that, in case the British Concession should hereafter be extended, the conditions hereinafter set forth would be applied, insofar as concerns such lands belonging to Frenchmen as might be found situated in the area to be inIcluded in the British Concession :

1. All documents relative to French properties must be registered at the French Consulate.

2. All Municipal Regulations must be submitted to the Minister of France at Peking, before they may be applied to French citizens.

3. All the title-deeds of properties belonging to Frenchmen which are recognized as valid by the French Consul are to be accepted as such by the British authorities.

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UNITED STATES AND FRANCE, GERMANY, GREAT BRITAIN,
ITALY, JAPAN AND RUSSIA.

Declarations accepting the commercial policy of the "Open Door." *—
March 20, 1900.‡

No. 664.]

(I.)-FRANCE.

MR. HAY TO MR. VIGNAUD.

DEPARTMENT OF STATE, Washington, September 6, 1899. SIR: I have to enclose, for your confidential information, copies of instructions I have sent under this date to the United States Ambassadors at London,

*Text and translations as printed in Rockhill, p. 185. Printed also in For. Rel., 1899; Malloy, p. 244; H. Doc., 547, 56th Congress, 1st session. In further reference to the "open door agreement, consult Moore's International Law Digest, vol. 5, pp. 534-549, and China, 1900, No. 5.

In connection with this agreement see also Secretary Hay's Circular to the Powers, July 3, 1900, setting forth the policy of seeking a solution of the Boxer disturbances which may bring about permanent safety and peace to China, preserve Chinese territorial and administrative entity, protect all rights guaranteed to friendly Powers by Treaty and international law, and safeguard for the world the principle of equal and impartial trade with all parts of the Chinese Empire." (For. Rel., 1900, pp. 299 et seq.)

+ Translation.

The date is that of Secretary Hay's instruction to American diplomatic representatives,

Berlin, and St. Petersburg in reference to the desire of this Government that the Governments of Great Britain, Germany, and Russia make formal declaration of an "open-door" policy in the territories held by them in China.

I am, etc.,

JOHN HAY.

(Enclosures: To London, No. 205, September 6, 1899. To Berlin, No. 927, September 6, 1899. To St. Petersburg, No. 82, September 6, 1899.)

MR. HAY TO MR. PORTER.

[Telegram.]

DEPARTMENT OF STATE,
Washington, November 21, 1899.

PORTER, Ambassador, Paris.

Informally submit to French Government form of declaration outlined in enclosures with instruction No. 664 of September 6 and ask whether France will join.

MR. DELCASsé to Mr. Porter.
[Translation.]

HAY.

FOREIGN AFFAIRS.

(Received at United States Embassy at Paris, December 16, 1899.) MY DEAR AMBASSADOR: I find your note awaiting me on my return. The declarations which I made in the Chamber on the 24th of November last, and which I have had occasion to recall to you since then, show clearly the sentiments of the Government of the Republic. It desires throughout the whole of China and, with the quite natural reservation that all the Powers interested give an assurance of their willingness to act likewise, is ready to apply in the territories which are leased to it, equal treatment to the citizens and subjects of all nations, especially in the matter of customs duties and navigation dues, as well as transportation tariffs on railways.

I beg you, my dear Ambassador, to accept, etc.

DELCASSÉ.

embodying the notification of the acceptance of the American proposal by all the Governments concerned.

(II.)-GERMANY.

MR. HAY TO MR. WHITE.

No. 927.]

DEPARTMENT OF STATE,
Washington, September 6, 1899.

SIR: At the time when the Government of the United States was informed by that of Germany that it had leased from His Majesty the Emperor of China the port of Kiao-chao and the adjacent territory in the province of Shantung, assurances were given to the Ambassador of the United States at Berlin by the Imperial German Minister for Foreign Affairs that the rights and privileges insured by treaties with China to citizens of the United States would not thereby suffer or be in anywise impaired within the area over which Germany had thus obtained control.

More recently, however, the British Government recognized by a formal agreement with Germany the exclusive right of the latter country to enjoy in said leased area and the contiguous "sphere of influence or interest" certain privileges, more especially those relating to railroads and mining enterprises; but, as the exact nature and extent of the rights thus recognized have not been clearly defined, it is possible that serious conflicts of interests may at any time arise, not only between British and German subjects within said area, but that the interests of our citizens may also be jeopardized thereby.

Earnestly desirous to remove any cause of irritation and to insure at the same time to the commerce of all nations in China the undoubted benefits which should accrue from a formal recognition by the various Powers claiming "spheres of interest" that they shall enjoy perfect equality of treatment for their commerce and navigation within such "spheres," the Government of the United States would be pleased to see His German Majesty's Government give formal assurances, and lend its cooperation in securing like assurances from the other interested Powers, that each within its respective sphere of whatever influence

First. Will in no way interfere with any treaty port or any vested interest within any so-called "sphere of interest" or leased territory it may have in China.

Second. That the Chinese treaty tariff of the time being shall apply to all merchandise landed or shipped to all such ports as are within said "sphere of interest" (unless they be "free ports "), no matter to what nationality it may belong, and that duties so leviable shall be collected by the Chinese Govern

ment.

Third. That it will levy no higher harbor dues on vessels of another nationality frequenting any port in such "sphere" than shall be levied on vessels of its own nationality, and no higher railroad charges over lines built, controlled, or operated within its "sphere" on merchandise belonging to citizens or subjects of other nationalities transported through such "sphere" than shall be levied on similar merchandise belonging to its own nationals transported over equal distances.

The liberal policy pursued by His Imperial German Majesty in declaring Kiao-chao a free port and in aiding the Chinese Government in the establishment there of a custom-house are so clearly in line with the proposition which this Government is anxious to see recognized that it entertains the strongest hope that Germany will give its acceptance and hearty support.

The recent Ukase of His Majesty the Emperor of Russia declaring the port of Ta-lien-wan open during the whole of the lease under which it is held from China to the merchant ships of all nations, coupled with the categorical assurances made to this Government by His Imperial Majesty's representative at this capital at the time, and since repeated to me by the present Russian Ambassador, seem to insure the support of the Emperor to the proposed measure. Our Ambassador at the Court of St. Petersburg has in consequence been instructed to submit it to the Russian Government and to request their early consideration of it. A copy of my instruction on the subject to Mr. Tower is herewith enclosed for your confidential information.

The commercial interests of Great Britain and Japan will be so clearly served by the desired declaration of intentions, and the views of the Governments of these countries as to the desirability of the adoption of measures insuring the benefits of equality of treatment of all foreign trade throughout China are so similar to those entertained by the United States, that their acceptance of the propositions herein outlined and their cooperation in advocating their adoption by the other Powers can be confidently expected. I enclose herewith copy of the instruction which I have sent to Mr. Choate on the subject.

In view of the present favorable conditions, you are instructed to submit the above considerations to His Imperial German Majesty's Minister for Foreign Affairs, and to request his early consideration of the subject.

Copy of this instruction is sent to our Ambassadors at London and at St. Petersburg for their information.

I have, etc.,

JOHN HAY.

(Enclosures: To London, September 6, 1899, No. 205. To St. Petersburg, September 6, 1899, No. 82.)

COUNT VON BÜLOW TO MR. WHITE.

[Translation.]

FOREIGN OFFICE,

Berlin, February 19, 1900.

MR. AMBASSADOR: Your Excellency informed me, in a memorandum presented on the 24th of last month, that the Government of the United States of America had received satisfactory written replies from all the Powers to which an inquiry had been addressed similar to that contained in Your Excellency's note of September 26 last, in regard to the policy of the open door in China. While referring to this, Your Excellency thereupon expressed the wish that the Imperial Government would now also give its answer in writing. Gladly complying with this wish, I have the honor to inform Your Excellency, repeating the statements already made verbally, as follows: As recog

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