development of that Power, might become a menace to their own interests, the two allied Governments reserve to themselves the right to consult in that contingency as to the means to be adopted for securing those interests.

'ST. PETERSBURG, March 3 (16), 1902.”

As printed in Recueil, this declaration is followed by a communiqué officiel, dated St. Petersburg, March 7/20, 1902, of which the following is a translation:

"The Convention concluded in the month of January last between England and Japan has given rise to the most contradictory interpretations and the most varied surmises, principally by reason of the fact that, by that act, two of the eleven Powers which had only just signed the Peking Protocol, after the accomplishment of their collective action in China, seemed to separate themselves from the other Cabinets, and to place themselves in a special situation in reference to the Celestial Empire where, thanks to the joint efforts, the traditional order of affairs had been reestablished, and the legitimate central authority restored.

"The Imperial Government, appreciating the friendly communications made in this regard to Russia by the Japanese and English Governments, has received the conclusion of that convention with the utmost calm. The principles that have guided Russian policy have remained and still remain invariable; Russia insists on the independence and integrity of China-a friendly neighboring country-as well as on that of Korea; Russia desires the maintenance of the status quo and the general pacification of the Far East. By the construction of the great Siberian Railway, with a branch running through Manchuria to a port always free of ice, Russia is favoring the extension, in those regions, of the commerce and industry of the whole world. Would it be in her interests actually to set up obstacles to that?

"The intention, expressed by England and Japan, to contribute to the attainment of the same aims which are invariably pursued by the Russian Government, can only appeal to the sympathy of Russia, in spite of comments emanating from certain political spheres and from various organs of the foreign press, which have made an effort to present under quite a different aspect the impassive attitude of the Imperial Government in regard to a diplomatic act which, in its view, does not at all change the general situation of the political horizon.

'Indeed, in view of the constantly persistent agitation on the subject of the AngloJapanese arrangement, the allied Governments of Russia and of France have deemed it necessary to formulate precisely their point of view on this subject in an identic declaration addressed to the Powers whose representatives, jointly with the plenipotentiaries of Russia and of France, signed the Peking Protocol of August 25/September 7, 1901."

NUMBER 1902/3.

RUSSIA AND CHINA.

Convention with regard to Manchuria.*-April 8, 1902.

His Majesty the Emperor and Autocrat of All the Russias, and His Majesty the Emperor of China, with the object of re-establishing and confirming the relations of good neighborhood, which were disturbed by the rising in the Celestial Empire of the year 1900, have appointed their Plenipotentiaries to come to an agreement on certain questions relating to Manchuria. These Pleni

*Translation from the French text, as reprinted in Rockhill, p. 99, from China, No. 2 (1904), p. 36. Printed also in Hertslet, p. 509; Am. Int. Law Journal, Supplement, 1910, p. 304; French text in Customs, Vol. I, p. 239; Recueil, p. 538 (where also are printed a Russian Communication Officielle en date du 3/16 Décembre, 1900, concernant le Chemin de Fer Chinois de Yang-tsoun-Chang-hai Kouan, at p. 416; and a Communiqué Officiel: St.Pétersbourg, 30 Mars/12 Avril, 1902, at p. 535). See Note 1 to this document, post, p. 329.

potentiaries, furnished with full powers which were found to be in order, agreed as follows:

ARTICLE I.-Chinese authority in Manchuria to be re-established.-His Imperial Majesty the Emperor of Russia, desirous of giving fresh proof of his peaceable and friendly disposition towards His Majesty the Emperor of China, and overlooking the fact that attacks were first made from frontier posts in Manchuria on peaceable Russian Settlements, agrees to the re-establishment of the authority of the Chinese Government in that region, which remains an integral part of the Chinese Empire, and restores to the Chinese Government the right to exercise therein governmental and administrative authority, as it existed previous to the occupation by Russian troops of that region.

ARTICLE II.—China to protect railway and all Russian subjects and their undertakings. In taking possession of the governmental and administrative authority in Manchuria, the Chinese Government confirms, both with regard to the period and with regard to all other Articles, the obligation to observe strictly the stipulations of the Contract concluded with the Russo-Chinese Bank on the 27th August, 1896,† and in virtue of paragraph 5 of the above-mentioned Contract, takes upon itself the obligation to use all means to protect the railway and the persons in its employ, and binds itself also to secure within the boundaries of Manchuria the safety of all Russian subjects in general and the undertakings established by them.

Evacuation of Manchuria by Russia.—The Russian Government, in view of these obligations accepted by the Government of His Majesty the Emperor of China, agrees on its side, provided that no disturbances arise and that the action of other Powers should not prevent it, to withdraw gradually all its forces from within the limits of Manchuria in the following manner:

(a) Within six months from the signature of the Agreement, to clear the southwestern portion of the Province of Mukden up to the River Liao ho of Russian troops, and to hand the railways over to China.

(b) Within further six months to clear the remainder of the Province of Mukden and the Province of Kirin of Imperial troops.

(c) Within the six months following to remove the remaining Imperial Russian troops from the Province of Hei-lung-chiang.

ARTICLE III.—Chinese forces pending evacuation.—In view of the necessity of preventing in the future any recurrence of the disorders of last year, in which Chinese troops stationed on the Manchurian frontier also took part, the Imperial Russian and Chinese Governments shall undertake to instruct the Russian military authorities and the Tsiang-Tsungs, mutually to come to an agreement respecting the numbers and the disposition of the Chinese forces until the Russian forces shall have been withdrawn. At the same time the Chinese Government binds itself to organize no other forces over and above those decided upon by the Russian military authorities and the Tsiang-Tsungs as sufficient to suppress brigandage and pacify the country.

Chinese forces after evacuation.-After the complete evacuation of Manchuria by Russian troops, the Chinese Government shall have the right to

I.e., Contract for the Chinese Eastern Railway, September 8th, 1896 (No. 1896/5, ante).

increase or diminish the number of its troops in Manchuria, but of this must duly notify the Russian Government, as it is natural that the maintenance in the above-mentioned district of an over large number of troops must necessarily lead to a reinforcement of the Russian military force in the neighbouring districts, and thus would bring about an increase of expenditure on military requirements undesirable for both States.

Chinese police guard in Manchuria. For police service and the maintenance of internal order in the districts outside those parts allotted to the Eastern Chinese Railway Company, a police guard, under the local Governors (“ TsiangTsungs"), consisting of cavalry and infantry, shall be organized exclusively of subjects of his Majesty the Emperor of China.

ARTICLE IV.-Shanhaikwan-Sinminting railway to be restored.—The Russian Government agrees to restore to the owners the railway Shanhaikwan-Newchwang-Sinminting, which, since the end of September, 1900, has been occupied and guarded by Russian troops. In view of this, the Government of His Majesty the Emperor of China binds itself:

1. China alone to protect this line. In case protection of the above-mentioned line should be necessary, that obligation shall fall exclusively on the Chinese Government, which shall not invite other Powers to participate in its protection, construction, or working, nor allow other Powers to occupy the territory evacuated by the Russians.

2. Completion and working of this line.-The completion and working of the above-mentioned line shall be conducted in strict accordance with the Agreement between Russia and England of the 16th April, 1899,§ and the Agreement with the private Corporation respecting the loan for the construction of the line.|| And furthermore, the Corporation shall observe its obligations not to enter into possession of or in any way to administer the Shanhaikwan-NewchwangSinminting line.

3. Extension of line in South Manchuria.-Should, in the course of time, extensions of the line in Southern Manchuria, or construction of branch lines in connection with it, or the erection of a bridge in Newchwang, or the moving of the terminus there, be undertaken, these questions shall first form the subject of mutual discussion between the Russian and Chinese Governments.

4. China to pay Russia for repair and keep of line. In view of the fact that the expenses incurred by the Russian Government for the repair and working of the Shanhaikwan-Newchwang-Sinminting line were not included in the sum total of damages, the Chinese Government shall be bound to pay back the sum which, after examination with the Russian Government, shall be found to be due.

The stipulations of all former Treaties between Russia and China which are not affected by the present Agreement shall remain in force.

The Agreement shall have legal force from the day of its signature by the Plenipotentiaries of both States.

See Note 2 to this document, post, p. 330.

SI.e., Agreement of April 16/28, 1899 (No. 1899/3, ante).

I.e., Shanhaikuan-Newchwang Railway Loan Agreement of October 10, 1898 (No. 1898/20, ante).

The exchange of ratifications shall take place in St. Petersburg within three months from the date of the signature of the Agreement.

For the confirmation of the above, the Plenipotentiaries of the two Contracting Powers have signed and sealed two copies of the Agreement in the Russian, French, and Chinese languages. Of the three texts, which, after comparison, have been found to correspond with each other, that in the French language shall be considered as authoritative for the interpretation of the Agreement.

Done in Peking in duplicate, the 26th March (8th April), 1902.¶

Note 1.

In connection with this convention see also the Agreement for the transfer of the Peking-Shanhaikwan Railway from the British military authorities to the Chinese civil authorities, and Additional Agreement respecting the management of the northern railways, April 29th, 1902 (No. 1902/4, post). See also the following arrangement between Tseng Chi, Tartar General of Mukden, and Admiral Alexeieff, Commander in Chief of Kuantung Peninsula and of the Russian naval and military forces in the Pacific, as printed (in translation) in Rockhill, p. 201, under the heading Signed at Port Arthur, January 30, 1901," and with a footnote stating that "the original convention bears date November 11, 1900": Preliminary Russo-Chinese Arrangement regarding Manchuria.-January 30, 1901. "1.-All official residences in Mukden to be handed back to the Chinese officials who will act in accordance with the terms arranged.

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"2.-Chinese officials to be allowed to go to their posts in all those towns taken by the Russians. They may establish police forces; in large places to the number of 500 men, in medium sized places 300 men, in others 200. These police may carry arms but must be provided with distinguishing badges stamped by the Russian and Chinese authorities.

3.-Robbers and rebels taken by Russian police to be handed over to the local officials to be dealt with by Russian and Chinese law (sic).

"4.-The Newchwang customs duties and likin to be collected temporarily by Russians and the Imperial commands awaited as to the application of such funds after a treaty has been signed between Russia and China. All other sources of revenue are to be under the control of the Tartar General.

"5.-The western roads of the province are at present disturbed and unsafe. Russian troops to be withdrawn from those parts so that traffic may be resumed. Newchwang being now closed by ice, the products of the southern roads, tobacco, hemp, beans and grain have no exit. The rail by Port Arthur can be used for their transport.

"6.-Russia may establish a Resident at Mukden and two Deputies for international business, who will transact_such business in conjunction with the Chinese Deputies.

“7.—The duty of the Taotai of Newchwang is to control the customs. The Russian authorities are at present collecting the revenue of the Foreign Customs House. The Tartar General may order the Taotai to return and act in cooperation with them.

"8.-The disbanded Chinese troops for the most part took their weapons with them in their flight. The Russian military authorities need not send to search them out. The Tartar General will despatch officials in all directions to find them and so obviate any alarm to the populace.

"9.-The Tartar General has no plenipotentiary powers. The result of the negotiations of Prince Ch'ing and Grand Secretary Li Hung-chang must be awaited. Russia is desirous of a lasting peace.

"10.-The Tartar General Tseng Chi is to remain for four years in office in this province to reorganize public affairs after the late disturbances.

"KOROSTOVETZ. "CHOU MIEN."

In Shina Kankei Tokushu Joyakı Isan, p. 109, is printed a Japanese version of what purports to be a "Secret Treaty between Russia and China," concluded in February, 1901.

This treaty was signed by M. Paul Lessar, Envoy Extraordinary and Minister Plenipotentiary of Russia to China, on the part of Russia, and by Prince Ch'ing and Wang Wen-shao, on the part of China.

This document appears to be a translation from a Chinese original, and is somewhat obscure in its phraseology. The following translation is therefore offered with all reserves:

Alleged Secret Russo-Chinese Treaty regarding Manchuria.-February, 1901. “1.—In accordance with the desire of His Majesty the Emperor of Russia to express his friendly feelings to China, acts of hostility in Manchuria will be forgotten; and when Manchuria is completely restored, the Chinese Administration will be conducted as formerly. "2. In accordance with Article 6 [?5] of the Manchurian Railway Treaty [? RussoChinese Bank Contract for the Construction and Operation of the Chinese Eastern Railway, September 8, 1896], the railway guard which has been established will restore order, and will be maintained until China has fulfilled the conditions mentioned in the four articles of the last paragraph [? four paragraphs of the last article] of that treaty.

"3.-In case an emergency should arise, the Russian troops stationed (in this region) will assist China with all their force, and repress it.

"4.-Until the Manchurian Railway shall have been completed, China shall not quarter any troops (there). If she is to place troops there in future, it shall be decided in consultation with Russia. Moreover, the importation of arms and munitions into Manchuria shall be prohibited.

"5. The Tartar General at Mukden, or the local officials, shall at the request of Russia dismiss anyone who obstructs the relations between Russia and China. If China establishes infantry patrols in Manchuria, the personnel shall be decided in consultation with Russia. “6.—China shall not employ foreigners other than Russians as military or naval instructors in the various Provinces of northern China.

"7.-In order to assure the tranquility of districts, the disposal of unoccupied land, mentioned in Article 5 [? 6 ] of the Lease Agreement [? Contract of September 8, 1896] shall be determined by a special agreement by the local officials. The rights of selfgovernment of Shengking Province shall be abolished.

"8.-China shall not, without the consent of Russia, transfer to other nations, or to the subjects of other nations, mines or other interests in Manchuria, Mongolia or Sinkiang. Moreover, she shall not construct railways in those regions.

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Except in Newchwang, there shall be no leases or grants made to the subjects of other

nations.

"9.-Russia_shall be indemnified for her military expenditures in the present situation, as speedily as in the case of the indemnities to the various Powers. Security for the amount of the indemnity shall be given within the period for payment. It shall be under the joint management of the Powers.

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10.-Indemnity for damage to the railway and for damages to the engineers of the railway shall be paid after consultation between China and the Company.

11.-The said indemnity shall be agreed upon with the Company. Compensation for

all or part of the amount may be made by the grant of other privileges.

"12.-One railway may be constructed to Peking from the railway already agreed upon, and it may be extended to the Great Wall [?]. This shall be managed in accordance with the railway agreement now in force."

Note 2.

The restoration of this railway-the section of the Imperial Railways of North China byond the Great Wall-was the subject of a further agreement signed at Peking on September 9/22, 1902, of which the following is the translation from the Chinese text:

Agreement for Rendition by Russia of Shanhaikwan-Hsinmintun-Yingk'ou Railway.— September 22, 1902.

"Whereas the Treaty of March 26 (Apr. 8), 1902, provides for the rendition of the said railway to China on or before September 26 (Oct 9), 1902,

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And Whereas the said limit is about to expire,

Now, therefore, Paul Lessar, Envoy Extraordinary and Minister Plenipotentiary for Russia in China, and Prince Ch'ing, President of the Board of Foreign Affairs, etc., etc., etc., and Wang, Associate President of the Board of Foreign Affairs, etc., etc., etc., Plenipotentiaries for China, have agreed upon the following Articles.

"ARTICLE I.-The Governments of Russia and China, for the purpose of turning over, and receiving, the railway, respectively, shall each appoint Plenipotentiaries, who may ap point such assistants as are necessary, and who shall agree upon the procedure to be followed, and the regulations to be observed, in the rendition of the railway.

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ARTICLE II.--The Imperial Chinese Railway Administration for North China shall take over at their market value all works made by the Russian Military Authorities with a