lying within the area assigned for the Concession shall so far as covered by tombs be left unmolested, nor shall sacrificial ceremonies for the dead on this place be in any way interfered with. Taxes shall not be levied thereon, nor shall it be possible to force the Guilds to sell it. However, they shall see that on the eastern side the place is walled in by an enclosure having a big gate, which allows of free passage in and out.

ARTICLE VII.-Within the Concession and outside the Wall there is a drain coming from the southern marsh, which is to remain under Chinese administration. The same applies also to such dredging thereof as may be required from time to time. Merchandise passing this canal shall not be taxed by the German authorities.

ARTICLE VIII.-Chinese shall be allowed to settle in the German Concession in agreement with the Regulations governing the purchase of land to be issued in due course.

ARTICLE IX. The expropriation of Chinese residing or owning land on the area now leased in perpetuity to Germany becoming necessary on conclusion of this Agreement, shall be carried out by the Chinese authorities, inasmuch as the German Government does not acquire this Concession from the landowners but from the Chinese Government. Accordingly the local authorities shall have to apply force, in case a person is unwilling to sell his land or property voluntarily.

ARTICLE X.-A single and uniform compensation fee of Taels 75 per mou will be paid against voucher to the Chinese authorities by the Imperial German Consul in Tientsin for all the land contained in the Concession, regardless of the situation of the various plots.

As to all the alluvial land by the river-side belonging to the Chinese Government to the east of the road running along the river and forming the eastern boundary of the cemetery and of the compounds of the Fukien, Canton and Chekiang Guilds, and of the mortuary and the granary, and which, farther on, leads from the Po-wen-shu-yuan along the river to the village Hsiao Liu Chuang, although this also is to be surveyed, it shall be exempt from compensation.

In addition, the entire land of the Public Works Office is ceded free of charge to Germany on the understanding, however, that Germany transfers, in exchange, also free of charge, another plot of land to the Works Office to carry on their business.

ARTICLE XI.-The fixing of the expropriation value of houses within the German Concession is reserved to a German-Chinese Commission to be specially appointed to this end. This Commission shall, however, be guided in the decision of those questions by the procedure as laid down in the regulations referring to the French Concession, as may be taken from the archives,-on no account, however, yielding to exaggerated demands of the landowners. If there are particularly well-built houses, fair valuation shall be taken into special consideration.

ARTICLE XII.-The land in the Concession is to be evacuated on the expiration of three months after payment. As regards houses occupied by Chinese they shall, in consideration of the imminent cold season when it is difficult to

abandon same, not be evacuated until three months after payment has been made, said payment to take place on the opening of the river in the coming spring. For removal fees, 10 Taels shall be paid by the German authorities to each family.

ARTICLE XIII.-Tombs, wherever found in the area intended for the German Concession, shall not be removed by the Germans themselves, but shall be left in the condition hitherto prevailing. In case the descendants themselves agree upon the removal of a tomb the Germans shall pay one Tael per tomb for removal expenses.

ARTICLE XIV.-Payment having been made for a plot of land sold, the former Chinese owner shall send in to the Chinese authorities, for the affixing of the official seal, a contract of sale concerning transfer of the plot to German hands, with details of boundaries and size of the plot, to be forwarded in due course to the German Consul for safekeeping.

ARTICLE XV.-The Administration of the German Concession shall pay annually to the Chinese Government an amount of 1000 big cash as land tax per mou of land transferred, in accordance with the French Concession Agreement, this payment to be made in advance on the 15th day of each twelfth moon for the following year. The amount is to be handed over to the office of the City Magistrate by the German Consul. The liability to payment of this land tax begins at the moment of the purchase made by the German authorities.

ARTICLE XVI.-Immediately on the signing of this Agreement, the Governor General and the Superintendent of Trade of the Northern Ports will issue a proclamation making known the bestowal of the Concession on the German Government.

ARTICLE XVII.-The present Agreement shall be signed and stamped with the official seals on quintuplicate copies, issued in both the German and the Chinese languages, by the officials specially detailed by the Superintendent of Trade of the Northern Ports, on one side, and by the Imperial German Consul in Tientsin, on the other.

Recipients of a copy:

The Tsung-li Yamen,

The Superintendent of Trade,

The Imperial German Minister at Peking,

The Taotai and Superintendent of the Tientsin Maritime Customs,
The Imperial German Consul at Tientsin.

ADDITIONAL RULES.

ARTICLE A.-Against the transfer of the part lying between the compound of the firm of Forbes & Company and the compounds of the aforesaid Guilds, a protest has been lodged with the Peking Government by the Minister of the United States of America. In the event of this protest being dropped by the Government of the United States, the northern boundary of the German Concession shall be traced in such a manner that the road running along the southern boundary of the compound belonging at present to the firm of Forbes & Company between the river and Taku Road forms the northern boundary.

In this event the prices fixed in Article X shall be binding also for an eventual expropriation of the area at present claimed by the American Minister.

Chinese men-of-war shall, as heretofore, be allowed to moor at the landing-stage south of the compound of Forbes & Company and north of the compound belonging to the Guilds, without paying to Germany any fees or taxes. ARTICLE B.-If the Imperial German authorities intend road building on the area assigned to them, the owners of tombs lying in the alignment of these streets shall by negotiations with the local authorities be induced to have them removed. If in this connection tombs of notable families are concerned, which they on no account are willing to remove, ways and means must be found to alter somewhat the course of the street.

Ninety Five, corresponding to the 13th day of the 9th moon of the 21st year of
Kuang Hsü, Chinese date.

Done at Tientsin, this 30th of October, One Thousand Eight Hundred and
[L. S.]
(Sgd.) VON SECKENDORFF,

Imperial Consul. [Two Chinese signatures and seal.]

NUMBER 1895/10.

JAPAN AND CHINA.

Convention for the retrocession by Japan to China of the southern portion of the Province of Fêng-Tien (i.e., the Liaotung Peninsula.)*—November 8, 1895.

His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to conclude a Convention for the retrocession by Japan of all the southern portion of the province of Fêng-Tien to the sovereignty of China, have for that purpose named as Their Plenipotentiaries, that is to say:

His Majesty the Emperor of Japan-Baron Hayashi Tadasu, Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary

and His Majesty the Emperor of China-Li Hung-Chang, Minister Plenipotentiary, Senior Tutor of the Heir-Apparent, Senior Grand Secretary of State and Earl of the First Rank,

Who, after having communicated to each other their full powers, which were found to be in good and proper form, have agreed upon the following Articles:

*Text as reprinted in Rockhill, p. 26, from B. & F. State Papers, vol. 87, p. 1195, with the addition of the Preamble as printed in Recueil, p. 89. Printed also in Hertslet, p. 370, and Am. Int. Law Journal, Supplement, 1907, p. 384. See Note to this document, post, p. 52.

ARTICLE I.-Territory retroceded.-Japan retrocedes to China in perpetuity and full sovereignty the southern portion of the Province of Fêng-Tien, which was ceded to Japan under Article II of the Treaty of Shimonoseki of the 17th day of the 4th month of the 28th year of Meiji, corresponding to the 23rd day of the 3d month of the 21st year of Kuang Hsü, together with all fortifications, arsenals and public property thereon at the time the retroceded territory is completely evacuated by the Japanese forces in accordance with the provisions of Article III of this Convention, that is to say, the southern portion of the Province of Fêng-Tien from the mouth of the River Yalu to the mouth of the River An-ping, thence to Feng Huang Ch'êng, thence to Haicheng, and thence to Ying-kow; also all cities and towns to the south of this boundary and all islands appertaining or belonging to the Province of Fêng-Tien situated in the eastern portion of the Bay of Liao-Tung and in the northern part of the Yellow Sea. Article III of the said Treaty of Shimonoseki is in consequence suppressed, as are also the provisions in the same Treaty with reference to the conclusion of a Convention to regulate frontier intercourse and trade.

II. Compensation in lieu of territory.-As compensation for the retrocession of the southern portion of the Province of Fêng-Tien, the Chinese Government engage to pay to the Japanese Government 30,000,000 Kuping taels on or before the 16th day of the 11th month of the 28th year of Meiji, corresponding to the 30th day of the 9th month of the 21st year of Kuang Hsü.

III.-Mode of payment.-Within three months from the day on which China shall have paid to Japan the compensatory indemnity of 30,000,000 Kuping taels provided for in Article II of this Convention, the retroceded territory shall be completely evacuated by the Japanese forces.

IV. Immunity to inhabitants.-China engages not to punish in any manner nor to allow to be punished those Chinese subjects who have in any manner been compromised in connection with the occupation by the Japanese forces of the retroceded territory.

V.-English text authoritative.-The present Convention is signed in duplicate, in the Japanese, Chinese, and English languages. All these texts have the same meaning and intention, but in case of any differences of interpretation between the Japanese and Chinese texts, such differences shall be decided by reference to the English text.

VI. The present Convention shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the ratifications thereof shall be exchanged at Peking within twenty-one days from the present date.†

In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.

Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsü.

[L. s.]
[L. S.]

Ratifications exchanged at Peking, November 29, 1895.

HAYASHI TADASU.
LI HUNG-CHANG.

PROTOCOL.

In view of the insufficiency of time to effect a formal exchange of the ratifications of the Convention between Japan and China signed this day respecting the retrocession of the Peninsula of Fêng-Tien, before the date named in the said Convention for certain stipulations thereof to take effect, the Government of His Majesty the Emperor of Japan and the Government of His Majesty the Emperor of China, in order to prevent the possibility of delay in putting into execution the several provisions of the said Convention, have, through their respective Plenipotentiaries, agreed upon the following stipulations:

The Governments of Japan and China shall, within the period of five days after the date of this Protocol, announce to each other through the undersigned, their respective Plenipotentiaries, that the said Convention has received the approval of His Majesty the Emperor of Japan and His Majesty the Emperor of China, respectively, and thereupon the said Convention in all its parts shall come into operation as fully and effectually as if the ratifications thereof had actually been exchanged.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsü. [L. S.] [L. S.]

Note.

HAYASHI TADASU.
LI HUNG-CHANG.

In connection with this convention see the Treaty of peace between China and Japan of April 17, 1895 (No. 1895/3, ante); see also the Convention for the lease of the Liaotung Peninsula to Russia, March 27, 1898 (No. 1898/5, post), and Article 5 of the Treaty of Peace between Russia and Japan, September 5, 1905 (No. 1905/8, post).

Hertslet (p. 369) also gives the following translation of a Japanese Proclamation dated May 10th, 1895:

Japanese Imperial Proclamation regarding Retrocession of Liaotung Peninsula.—

May 10, 1895.

"We recently, at the request of the Emperor of China, appointed Plenipotentiaries for the purpose of conferring with the Ambassadors sent by China and of concluding with them a Treaty of Peace between the two Empires. Since then the Governments of the two Empires of Russia and Germany and of the French Republic, considering that the permanent possession of the ceded districts of the Fêng-Tien Peninsula by the Empire of Japan would be detrimental to the lasting peace of the Orient, have united in a simultaneous recommendation to our Government to refrain from holding these districts permanently. 'Earnestly desirous as we always are for the maintenance of peace, nevertheless we were forced to commence hostilities against China for no other reason than our sincere desire to secure for the Orient an enduring peace. The Governments of the three Powers are, in offering their friendly rcommendation, similarly actuated by the same desire, and we, out of our regard for peace, do not hesitate to accept their advice. Moreover, it is not our wish to cause suffering to our people, or to impede the progress of the national destiny by embroiling the Empire in new complications, and thereby imperiling the situation and retarding the restoration of peace.

"China has already shown, by the conclusion of the Treaty of Peace, the sincerity of her repentance for her breach of faith with us, and has made manifest to the world our reasons and the object we had in view in waging war with that Empire.

"Under these circumstances we do not consider that the honour and dignity of the Empire will be compromised by resorting to magnanimous measures, and by taking into consideration the general situation of affairs.