ing the agreement concluded on May 19/31, 1899, with Chiang-Chun Yang of Kirin for the establishment in Harbin of a Principal Department for Foreign. and Railway Affairs:

1. In Harbin, Kirin Province, there is established a Principal Department of Foreign and Railway Affairs. For this purpose, there shall be appointed a special staff of Chinese officials, of whom some shall be stationed permanently in Harbin, while others shall be distributed along the line, so that there shall be one official with each district superintendent, it being provided that these latter officials shall be directly subordinate to and at the disposition of the Harbin Department.

2.—The said Department is established for the final settlement of all cases arising in Kirin Province, if these affairs directly or indirectly touch the interests of the Chinese Eastern Railway Company, and also directly or indirectly touch the interests of Chinese subjects, not only those working on the railway, such as employees of various kinds, artisans, laborers, contractors and persons supplying goods to the railway, but also and in the same measure all other Chinese subjects, whether merchants, artisans, domestic servants and other Chinese, temporarily or permanently residing in the leased zone of the railway, even if the nature of their occupation does not have any direct relation to the railway. The Harbin Department, having its officials along the line with the district superintendents, shall entrust to these officials the settlement on the spot with the knowledge of and by agreement with the district superintendent of cases which do not constitute serious violations of Chinese laws and railway regulations; the consideration, however, and decision of the more important cases, such as cases of murder, open and collective disobedience of the authorities, Russian or Chinese, adultery, theft of over three hundred Kirin tiao, usury and the like, even if these cases shall arise in the section of the line furthest removed from Harbin, shall be transferred for examination and final decision. to the Harbin Department. In doubtful cases, the Chinese official briefly setting forth the case in conjunction with the district superintendent, shall inquire of the Harbin Department whether the case is to be settled on the spot or whether it is to be transferred with the accused persons to Harbin. In case of need such communications shall be made by telegram through the district superintendent. A telegraphic report shall also be made immediately regarding all cases coming outside the competence of the local official in the district. All this second article refers equally to Chinese and to Manchus and Mongols living in Kirin Province.

3. Regarding each case coming within one of the definitions set forth in Article 2, and in which proceedings have previously been begun in any office or by any particular official, a report must immediately be sent to the said Harbin Principal Department, which in its turn shall notify the Engineer-in-Chief, in order to determine whether the case should be referred to the said Department for continuation and decision, or whether it is to be left for examination and decision to the official of the Department who is nearest to the place on the line where the case arose.

4.-Hereafter all officials and offices shall refer to the Harbin Principal

Department for settlement all new complaints and claims coming before them, which refer to the cases set forth in Article 2.

5. All complaints and claims, and also all cases in general mentioned in the second article shall be examined and investigated by members of the Harbin Principal Department, in conjunction with the Engineer-in-Chief of the Chinese Eastern Railway or his authorized representative. Also all decisions in all cases shall be arrived at by mutual agreement with the Engineer-in-Chief or his authorized representative.

6.-The Chinese subjects mentioned in Article 2 shall be subject to punishment only in accordance with a decision of the Principal Department at Harbin arrived at by due process of law, provided that the Department shall decide whether to execute the sentence in Harbin or at the place where the case originated. In cases of sentence of criminals to banishment to places not so remote (not further than 3000 li), the Harbin Department may give orders for the execution of such sentences to the nearest local Chinese authorities. For preliminary detention of Chinese who are arrested and for the serving of terms of imprisonment by sentences of the Harbin Department, a jail shall be built in connection with this office.

7. All crimes for the commission of which the convicted persons shall be sentenced to the death penalty or to banishment to remote places (more than 3,000 li), and also in all cases when the opinions of the members of the Harbin Department are not in harmony with the opinion of the Engineer-in-Chief, are subject to the final judgment of the Chiang-Chun of Kirin, which shall be based on the reports of the members of the Department and on communications of the Engineer-in-Chief. All other cases, regardless of the degree of their importance, shall be finally settled and carried into execution by order of the President and Vice-President of the Department by mutual agreement with the Engineer-in-Chief or his authorized representative. The President and VicePresident of the Department shall on the one hand report their decisions by memorial to the Chiang-Chun of Kirin for his information, and on the other hand shall send a communication to the Principal Department for Foreign Relations of Kirin Province for preservation in the archives.

8. All the members of the Harbin Principal Department and the soldiers shall be appointed by the Chiang-Chun of Kirin; the President and Vice-President of the Department shall also be appointed and removed by the ChiangChun, but after preliminary consultation with the Engineer-in-Chief, in order that for such important posts may be chosen persons known to the ChiangChun and to the Engineer-in-Chief as worthy men, enlightened and acquainted with railway affairs and regulations. Persons chosen in this way by mutual agreement shall be confirmed in their appointments by the Chiang-Chun.

9. In order to meet all the expenses for maintenance of the President, Vice-President, all officials and soldiers of the said Principal Department, the Engineer-in-Chief shall place at the disposition of the President of the Department annually 60,000 taels according to the Kirin market weight. This sum shall be placed by the Engineer-in-Chief at the disposition of the President of the Department in instalments for every three months in advance.

10. Apart from this the sum necessary for the construction of the build

ings of the Department and houses for the employees (of inferior position), and also for the furnishing and equipping of the buildings of the Department, shall be fixed by agreement between the President of the Department and the Engineerin-Chief. The President of the Department shall receive this sum from the Engineer-in-Chief in instalments according as it shall be required.

11. The present agreement written in Chinese and in Russian in duplicate, after its signature by the Kirin Chiang-Chun Chang and by the authorized representatives of the Engineer-in-Chief, Mr. Daniel, shall be submitted for the signatures of the Engineer-in-Chief of the Chinese Eastern Railway, Yugovitch, and his substitute, Engineer Ignatius. One copy of this agreement must be preserved in the office of the Chiang-Chun of Kirin, and the other in the office of the Engineer-in-Chief.

The Russian text is a true rendering of the Chinese text.

Note.

In connection with this agreement see Chinese Eastern Railway Contract of September 8, 1896 (No. 1896/5, ante); also similar agreement of January 1/14, 1902, with the provincial authorities of Heilungkiang (No. 1902/1, post).

The following is a translation (from the Russian version printed in Soglashenia, p. 21) of the agreement of May 19/31, 1899, which the present document supplements and amends: Agreement regarding Jurisdiction over Chinese Subjects in Railway Zone.-May 31, 1899.

‘1.—In Harbin, Kirin Province, there is established a Principal Department of Foreign and Railway Affairs.

2.-The above-mentioned Department is established to settle all cases arising in Kirin Province if these cases directly or indirectly touch the interests of the Chinese Eastern Railway Company, and also directly or indirectly touch the interests of persons working on the Chinese Eastern Railway, and also the interests of contractors of every sort for the supply of labor and work, and of artisans. As regards cases concerning unskilled laborers, such matters are subject to examination and decision by the Chinese authorities of the place where the cases arise, or according to the place where the laborer is, according to the Chinese laws, if any murder, theft, adultery or similar crime, is committed by them (unskilled laborers). However, in regard to exceptional cases, each district superintendent of the railway on the one hand shall make a report to the Principal Department in Harbin, and on the other hand shall inform the local official, and the proceedings in the case shall be suspended until the receipt of a decision from the Harbin Principal Department as to whether the case will be removed to the Principal Department for settlement or whether it will be left in the hands of the local official, after which the case shall be conducted in accordance with such instructions.

"3.-In regard to any case coming within one of the definitions in the second article in which proceedings have been begun in any government establishment, or by any particular official whatsoever, information must be given to the above-mentioned Principal Department at Harbin, which in its turn shall inform the Engineer-in-Chief in order to determine whether the case should be brought to the said Department for continuation and decision, or whether the consideration and decision is to be placed in the hands of the local authorities.

"4. In the future all officials and offices should turn over to the Principal Department in Harbin for decision all new complaints and claims filed with them coming within the definition of cases referred to in the second paragraph: but the execution of the judgments of the Principal Department at Harbin shall be carried out by the Chinese authorities in the place where the case originated.

5.-All complaints and claims, and also all cases in general mentioned in the second paragraph, shall be examined and investigated by members of the Principal Department at Harbin, in conjunction with the Engineer-in-Chief of the Chinese Eastern Railway, or his authorised representative. Also all decisions in all cases shall be arrived at by mutual agreement with the Engineer-in-Chief or his authorized representative.

"6.-The Chinese subjects referred to in the second paragraph, who shall be working on the railway, shall be subjected to punishment only according to a judgment of the said Principal Department at Harbin arrived at by due process of law.

"7-All the most important matters and also cases when the opinion of the members of the Principal Department in Harbin shall not be in harmony with the opinion of the Engineer-in-Chief, shall be subject to decision by the Chiang-Chun of Kirin, which decision shall be based upon the reports of the members of the Department and upon the communications of the Engineer-in-Chief. All other affairs shall be settled by the President and Vice-President by mutual agreement with the Engineer-in-Chief or his authorized representative. But the President and Vice-President should report their decisions on the one hand by a memorial to the Chiang-Chun to be reviewed by him, and on the other hand should send a communication to the Principal Department for Foreign Relations of Kirin Province for preservation in its archives.

"8.-All members of the Principal Department at Harbin and the soldiers shall be appointed by the Chiang-Chun of Kirin; the President and Vice-President of the Department shall also be appointed by the Chiang-Chun, but after preliminary notice to the Engineer-inChief, in order to give weight to this appointment. Thereafter, when these persons are to be replaced, the Engineer-in-Chief may recommend for appointment as President and Vice-President officials of Kirin Province actually known to the Engineer-in-Chief who are talented and have an intimate knowledge of railway affairs: such recommendations shall be considered by the Chiang-Chun, who shall make his decision in accordance with them.

"9. To meet all expenses for the maintenance of the President, Vice-President, all officials and soldiers of the said Principal Department, the Engineer-in-Chief shall each year place at the disposition of the President of the Department 60,000 taels according to the Kirin market weight. This sum shall be placed by the Engineer-in-Chief at the disposition of the President of the Department in instalments for each three months in advance.

"10.—Apart from this, the sum necessary for the construction of the buildings of the Department and houses for the employees (of inferior position), and also for the furnishing and equipping of the buildings of the Department, shall be determined by agreement between the President of the Department and the Engineer-in-Chief. The President of the Department shall receive it from the Engineer-in-Chief in instalments according as it shall be required.

The Russian text is a true rendering of the Chinese text. "The agreement was signed by

"YUGOVITCH, Engineer-in-Chief of the Chinese
Eastern Railway: his assistant,
"IGNATIUS: and

"YANG, Chiang-Chun of Kirin Province."

NUMBER 1901/3.

AUSTRIA-HUNGARY, BELGIUM, FRANCE, GERMANY, GREAT BRITAIN, ITALY, JAPAN, THE NETHERLANDS, RUSSIA, SPAIN, THE UNITED STATES AND CHINA.

Final Protocol for the settlement of the disturbances of 1900.*—September 7, 1901.

The plenipotentiaries of Germany, His Excellency M. A. Mumm von Schwarzenstein; of Austria-Hungary, His Excellency M. M. Czikann von Wahlborn; of Belgium, His Excellency M. Joostens; of Spain, M. B. J. de Cologan; of the United States, His Excellency M. W. W. Rockhill; of France, His Excel* Translation from the French text, as printed in U. S. Treaty Series, No. 397. Printed also in Rockhill, p. 63; British Treaty Series, No. 17 (1902); China No. 1 (1902); Customs, Vol. I, p. 303; Traités et Conventions, p. 217; Hertslet, p. 123; Malloy, p. 2006; Am. Int. Law Journal, Supplement, 1907, p. 388. See Note 1 to this document, post, p. 308.

lency M. Paul Beau; of Great Britain, His Excellency Sir Ernest Satow; of Italy, Marquis Salvago Raggi; of Japan, His Excellency M. Jutaro Komura; of the Netherlands, His Excellency M. F. M. Knobel; of Russia, His Excellency M. M. de Giers; and of China, His Highness Yi-K'uang Prince Ching of the first rank, President of the Ministry of Foreign Affairs, and His Excellency Li Hung-chang, Earl of Su-i of the first rank, Tutor of the Heir Apparent, Grand Secretary of the Wen-hua Throne Hall, Minister of commerce, Superintendent of the northern trade, Governor-General of Chihli, have met for the purpose of declaring that China has complied to the satisfaction of the Powers with the conditions laid down in the note of the 22d of December, 1900 † and which were accepted in their entirety by His Majesty the Emperor of China in a decree dated the 27th of December. (Annex No. 1.)

ARTICLE Ia.-By an Imperial Edict of the 9th of June last (Annex No. 2), Tsai Feng, Prince of Ch'ün, was appointed Ambassador of His Majesty the Emperor of China, and directed in that capacity to convey to His Majesty the German Emperor the expression of the regrets of His Majesty the Emperor of China and of the Chinese Government for the assassination of His Excellency the late Baron von Ketteler, German minister.

Prince Ch'ün left Peking the 12th of July last to carry out the orders which had been given him.

ARTICLE I.-The Chinese Government has stated that it will erect on the spot of the assassination of His Excellency the late Baron von Ketteler a commemorative monument, worthy of the rank of the deceased, and bearing an inscription in the Latin, German, and Chinese languages, which shall express the regrets of His Majesty the Emperor of China for the murder committed.

Their Excellencies the Chinese Plenipotentiaries have informed His Excellency the German Plenipotentiary, in a letter dated the 22nd of July last (Annex No. 3) that an arch of the whole width of the street would be erected on the said spot, and that work on it was begun the 25th of June last.

ARTICLE II.—Imperial Edicts of the 13th and 21st of February, 1901 (Annexes Nos. 4, 5, and 6), inflicted the following punishments on the principal authors of the outrages and crimes committed against the foreign Governments and their nationals:

Tsai-I Prince Tuan and Tsai Lan Duke Fu-kuo were sentenced to be brought before the autumnal court of assize for execution, and it was agreed that if the Emperor saw fit to grant them their lives, they should be exiled to Turkestan and there imprisoned for life, without the possibility of commutation of these punishments.

Tsai Hsün Prince Chuang, Ying Nien, President of the Court of censors, and Chao Shu-Chiao, President of the Board of punishments, were condemned to commit suicide.

Yü Hsien, Governor of Shanhsi, Chi Hsiu, President of the Board of rites, and Hsü Cheng-yu, formerly senior vice-President of the Board of punishments, were condemned to death.

Posthumous degradation was inflicted on Kang Yi, assistant Grand Secre† See Note 2 to this document, post, p. 309.