in Manchuria exclusively for commercial and industrial purposes and in no wise

for strategic purposes.

It is understood that that restriction does not apply to the railway in the territory affected by the lease of the Liao-tung Peninsula.

ARTICLE VIII.-The Imperial Governments of Japan and Russia, with a view to promote and facilitate intercourse and traffic, will, as soon as possible, conclude a separate convention for the regulation of their connecting railway services in Manchuria.t

ARTICLE IX.-The Imperial Russian Government cede to the Imperial Government of Japan in perpetuity and full sovereignty, the southern portion of the Island of Saghalien and all islands adjacent thereto, and all public works and properties thereon. The fiftieth degree of north latitude is adopted as the northern boundary of the ceded territory. The exact alignment of such territory shall be determined in accordance with the provisions of additional Article II. annexed to this Treaty.

Japan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalien or the adjacent islands, any fortifications or other similar military works. They also respectively engage not to take any military measures which may impede the free navigation of the Straits of La Perouse and Tartary.

ARTICLE X.-It is reserved to the Russian subjects inhabitants of the territory ceded to Japan, to sell their real property and retire to their country; but, if they prefer to remain in the ceded territory, they will be maintained and protected in the full exercise of their industries and rights of property, on condition of submitting to Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right of residence in, or to deport from, such territory, any inhabitants who labour under political or administrative disability. She engages, however, that the proprietary rights of such inhabitants shall be fully respected.

ARTICLE XI.-Russia engages to arrange with Japan for granting to Japanese subjects rights of fishery along the coasts of the Russian possessions in the Japan, Okhotsk and Behring Seas.

It is agreed that the foregoing engagement shall not affect rights already belonging to Russian or foreign subjects in those regions.

ARTICLE XII.§-The Treaty of Commerce and Navigation between Japan and Russia having been annulled by the war, the Imperial Governments of Japan and Russia engage to adopt as the basis of their commercial relations, pending the conclusion of a new treaty of commerce and navigation on the basis of the Treaty which was in force previous to the present war, the system of reciprocal treatment on the footing of the most favoured nation, in which are included import and export duties, customs formalities, transit and tonnage dues, and the

Such a convention was concluded June 13, 1907 (No. 1907/9, post).

A fisheries convention was concluded between Japan and Russia on July 28, 1907.

§ A treaty of commerce and navigation, with separate articles, protocol and exchange of notes attached thereto, and a protocol relating to certain Japanese and Russian consulates, were concluded between Japan and Russia on July 28, 1907. See also the political convention of July 30, 1907 (No. 1907/11, post).

admission and treatment of the agents, subjects and vessels of one country in the territories of the other.

ARTICLE XIII.-As soon as possible after the present Treaty comes into force, all prisoners of war shall be reciprocally restored. The Imperial Governments of Japan and Russia shall each appoint a special Commissioner to take charge of prisoners. All prisoners in the hands of one Government shall be delivered to and received by the Commissioner of the other Government or by his duly authorized representative, in such convenient numbers and at such convenient ports of the delivering State as such delivering State shall notify in advance to the Commissioner of the receiving State.

The Governments of Japan and Russia shall present to each other, as soon as possible after the delivery of prisoners has been completed, a statement of the direct expenditures respectively incurred by them for the care and maintenance of prisoners from the date of capture or surrender up to the time of death or delivery. Russia engages to repay to Japan, as soon as possible after the exchange of the statements as above provided, the difference between the actual amount so expended by Japan and the actual amount similarly disbursed by Russia.

ARTICLE XIV. The present Treaty shall be ratified by Their Majesties the Emperor of Japan and the Emperor of all the Russias. Such ratification shall, with as little delay as possible and in any case not later than fifty days from the date of the signature of the Treaty, be announced to the Imperial Governments of Japan and Russia respectively through the French Minister in Tokio and the Ambassador of the United States in Saint Petersburg and from the date of the later of such announcements this Treaty shall in all its parts come into full force.

The formal exchange of the ratifications shall take place at Washington as soon as possible.||

ARTICLE XV.-The present treaty shall be signed in duplicate in both the English and French languages. The texts are in absolute conformity, but in case of discrepancy in interpretation, the French text shall prevail.

In witness whereof, the respective Plenipotentiaries have signed and affixed their seals to the present Treaty of Peace.

Done at Portsmouth (New Hampshire) this fifth day of the ninth month of the thirty-eighth year of Meiji, corresponding to the twenty-third day of August (fifth September) one thousand nine hundred and five.

(Signed) JUTARO KOMURA. [L.S.] (Signed) SERGE WITTE. [L.S.] (Signed) K. TAKAHIRA. [L.S.] (Signed) ROSEN. [L.S.]

ADDITIONAL ARTICLES.

In conformity with the provisions of Articles III. and IX. of the Treaty of Peace between Japan and Russia of this date, the undersigned Plenipotentiaries have concluded the following additional Articles :

|| Ratifications were exchanged at Washington, November 25, 1905.

I. TO ARTICLE III.

The Imperial Governments of Japan and Russia mutually engage to commence the withdrawal of their military forces from the territory of Manchuria simultaneously and immediately after the Treaty of Peace comes into operation, and within a period of eighteen months from that date, the Armies of the two countries shall be completely withdrawn from Manchuria, except from the leased territory of the Liao-tung Peninsula.

The forces of the two countries occupying the front positions shall be first withdrawn.

The High Contracting Parties reserve to themselves the right to maintain guards to protect their respective railway lines in Manchuria. The number of such guards shall not exceed fifteen per kilomètre and within that maximum number, the Commanders of the Japanese and Russian Armies shall, by common accord, fix the number of such guards to be employed, as small as possible having in view the actual requirements.

The Commanders of the Japanese and Russian forces in Manchuria shall agree upon the details of the evacuation in conformity with the above principles, and shall take by common accord the measures necessary to carry out the evacuation as soon as possible and in any case not later than the period of eighteen months.

II. TO ARTICLE IX.

As soon as possible after the present Treaty comes into force, a Commission of Delimitation, composed of an equal number of members to be appointed respectively by the two High Contracting Parties, shall on the spot, mark in a permanent manner the exact boundary between the Japanese and Russian possessions on the Island of Saghalien. The Commission shall be bound, so far as topographical considerations permit, to follow the fiftieth parallel of north latitude as the boundary line, and in case any deflections from that line at any points are found to be necessary, compensation will be made by correlative deflections at other points. It shall also be the duty of the said Commission to prepare a list and description of the adjacent islands included in the cession and finally the Commission shall prepare and sign maps showing the boundaries of the ceded territory. The work of the Commission shall be subject to the approval of the High Contracting Parties.

The foregoing additional Articles are to be considered as ratified with the ratification of the Treaty of Peace to which they are annexed.

the

Portsmouth, the 5th day, 9th month, 38th year of Meiji, corresponding to 23rd August,

5th September,

1905.

(Signed) JUTARO KOMURA.

(Signed) K. TAKAHIRA.

(Signed) SERGE WITTE. (Signed) ROSEN.

Note.

In connection with this treaty see also the protocol of armistice signed at Portsmouth, September 1, 1905, as follows:

Protocol of Armistice between Japan and Russia.-September 1, 1905.

"The undersigned Plenipotentiaries of Japan and Russia duly authorised to that effect by their Governments have agreed upon the following terms of armistice between the belligerents, pending the coming into force of the Treaty of Peace :

"1. A certain distance (zone of demarcation) shall be fixed between the fronts of the armies of the two Powers in Manchuria as well as in the region of the Tomamko (Tumen). "2. The naval forces of one of the belligerents shall not bombard territory belonging to or occupied by the other.

"3. Maritime captures will not be suspended by the armistice.

"4. During the term of the armistice reinforcements shall not be dispatched to the theatre of war. Those which are en route shall not be dispatched to the north of Mukden on the part of Japan and to the south of Harbin on the part of Russia.

"5. The commanders of the armies and fleets of the two Powers shall determine in common accord the conditions of the armistice in conformity with the provisions above enumerated.

"6. The two Governments shall give orders to their commanders immediately after the signature of the Treaty of Peace in order to put this protocol in execution. "Portsmouth, 1st September, 1905.

" (Signed.)

"JUTARO KOMURA. "K. TAKAHIRA. "SERGE WITTE. "ROSEN."

(Translation from the French text printed on p. 96 of the Russian Orange Book containing protocols of the Portsmouth peace conference; St. Petersburg, 1906.)

For the protocol of military armistice arranged between the respective commanders on September 13, 1905, and the protocol of naval armistice of September 18, 1905, see For. Rel., 1906, p. 1085.

On October 30, 1905, the respective military authorities concluded the following Protocol of the procedure in withdrawing troops of the Japanese and Russian Armies from Manchuria, and transferring the Railways:

Protocol concerning Withdrawal of Japanese and Russian Armies from Manchuria, and Transfer of Railways.-October 30, 1905.

"ARTICLE I.-The following agreement has been concluded in accordance with the supplementary_agreement relating to Article III of the treaty of peace between Japan and Russia at Portsmouth on September 5 of this year (August 23):

"1. The Japanese troops occupying the front positions in Manchuria shall be withdrawn within the zone of Fakumen, Chinchiatung, Changtu, Weiyanpaomen, and Fushun by December 31 (18), 1905. The Russian troops occupying the front positions in Manchuria shall be withdrawn within the zone of Itunchou, Yekhotien Weitzukou, Pamiencheng, and Shanchengtzu by the same date.

"2. By June 1 (May 19), 1906, the Japanese troops shall be withdrawn to the line of Fakumen, Tieling, and Fushun and to the south thereof, and the Russian troops to the line of Shanchengtzu, Kungshunglieng Railway Station, Itunchou, and to the north thereof.

"3. By August 1 (July 19), 1906, the Japanese troops shall be withdrawn to the line of Hsinmintun, Mukden, and Fushun, and to the south thereof; and the Russian troops to the line of Shanhotun, Kuanchengtzu, and Palipu, and to the north thereof.

"4. Neither of the two contracting powers shall have more than 250,000 combatants in Manchuria after April 15 (April 2), or 75,000 after October 15 (October 2), 1906. Both contracting powers are required to complete the withdrawal of their troops by April 15 (April 2), 1907.

"5. In accordance with supplementary agreement I to the treaty of peace, the number of guards to protect their respective railways in Manchuria shall be 15 per kilometer on the

average.

"ARTICLE II.-For the purpose of transferring the railways, each of the two contracting powers shall appoint a commission consisting of three persons selected from officers and experts belonging to the section of military communication.

"The said commission shall commence its work between April 10 and 20, 1906 (new calendar); and the place and time of meeting shall be determined later.

"The transfer and receiving of railways south of Kuanchengtzu Station and those at Kuanchengtzu Station, as well as north thereof, shall be completed before June 1 (May 19), 1906, and August 1 (July 19), 1906, respectively.

"The determination of the extreme northern point of the railways to be transferred to Japan shall be left to diplomatic negotiations.

64

The undersigned, having been duly empowered by the commanders in chief of the Japanese and Russian armies, hereby certify that they have made this protocol in duplicate in both the Japanese and the Russian languages, and that each side keeps a text each in the Japanese and the Russian Languages.

"Done at Sz-ping-kai Railway Station on October 30 (17), 1905.

"(Signed)

66

(Signed)

MAJOR-GENERAL YASUMASA FUKUSHIMA,

Staff of the Japanese Army in Manchuria. MAJOR-GENERAL OLANOVSKY,

Second in Command of the Staff of the Russian Army in Manchuria.”

(For. Rel. of the U. S., 1906, p. 189.)

An accompanying memorandum relating to the crossing of the neutral zone between the Japanese and Russian armies is to be found in For. Rel., 1906, p. 188.

With particular reference to the transfers provided for in Articles 5 and 6, see the treaty between Japan and China, December 22, 1905 (No. 1905/18, post). See also_the political conventions between Japan and Russia of July 30, 1907 (No. 1907/11, post), July 4, 1910 (No. 1910/1, post), and July 3, 1916 (No. 1916/9, post).

NUMBER 1905/9.

GREAT BRITAIN (Government of Hongkong) AND CHINA. Agreement for a loan for the redemption of the Canton-Hankow Railway concession.*-September 9, 1905.

This Agreement is made between His Excellency Chang, Junior Guardian of the Heir Apparent, Viceroy of the Hukuang Provinces of China of the one part and the Government of Hongkong of the other part.

The Viceroy has been imperially appointed to devise means for the resumption of the Canton-Hankow Railway and the present loan has been referred to the Throne and His Majesty the Emperor of China has issued a Decree approving of the Agreement being made by the Viceroys of the Hukuang and Liangkuang and the Governor of Hunan for themselves and their successors in office.

Whereas the Viceroy is charged with the settlement of all questions concerning the Hankow-Canton Railway and for this purpose is in need of funds to redeem the Concession for the building thereof heretofore granted to an American company, and whereas the Viceroy has officially applied to the Government of His Britannic Majesty for financial assistance to buy back the shares in the said American company and so perform the said special charge laid upon His Excellency and whereas the Government of Hongkong has agreed at the instance of the Government of His Britannic Majesty to afford His Excellency the Viceroy the assistance applied for

It is now agreed as follows:

1.-The Government of Hongkong agrees to lend to the three provinces of * Text as printed in Wang, p. 537 (omitting the schedule of payments of interest and repayment of principal).

For the agreement for the sale of the American China Development Company's concession, August 29, 1905, see No. 1905/7, ante.

See Note to this document, post, p. 530.