mark, my Government is of the opinion that the word "punishment" should be understood to refer to a civil action only, and not to a criminal procedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to call Your Excellency's attention to the above provision of our law, so that nothing in my note of December 18, last, may be construed as conflicting therewith. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. To His Excellency CARLO BAROLI, W. W. ROCKHILL. etc., etc., etc. NUMBER 1905/18. JAPAN AND CHINA. Treaty and additional agreement relating to Manchuria.*-December 22, 1905, His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to adjust certain matters of common concern growing out of the Treaty of Peace between Japan and Russia of September 5th, 1905, have resolved to conclude a Treaty with that object in view and have for that purpose named Their Plenipotentiaries, that is to say: His Majesty the Emperor of Japan: Baron Komura Jutaro, Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, Minister for Foreign Affairs and Special Ambassador of His Majesty, and Uchida Yasuya, Jushii, Second Class of the Imperial Order of the Rising Sun, His Majesty's Envoy Extraordinary and Minister Plenipotentiary; and His Majesty the Emperor of China: Prince Ching, Presiding Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty, Chu Hung-chi, Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty, and Yuan Shih-kai, Viceroy of the Province of Chihli, Junior Guardian of the * Japanese official translation. Printed also in Hertslet, p. 391; Customs, Vol. II, p. 636; Recueil, p. 754; For. Rel., 1906, p. 995. In connection with this Treaty and additional agreement, see also the Russo-Japanese treaty of peace, signed at Portsmouth, September 5, 1905 (No. 1905/8, ante); also the RussoJapanese conventions of July 30, 1907 (No. 1907/11, post), July 4, 1910 (No. 1910/1, post), and July 3, 1916 (No. 1916/9, post) see also the Sino-Japanese treaty and Exchanges of notes respecting South Manchuria and Eastern Inner Mongolia, May 25, 1915 (No. 1915/8, post). See also Note 1 to this document, post, p. 554. Heir-Apparent, Minister Superintendent of Trade for the Northern Ports and Plenipotentiary of His Majesty; Who, after having exchanged their full powers which were found to be in good and due form, have agreed upon and concluded the following Articles: ARTICLE I.-The Imperial Chinese Government consent to all the transfers and assignments made by Russia to Japan by Articles V and VI of the Treaty of Peace above mentioned. ARTICLE II.-The Imperial Japanese Government engage that in regard to the leased territory as well as in the matter of railway construction and exploitation, they will, so far as circumstances permit, conform to the original agreements concluded between China and Russia. In case any question arises in the future on these subjects, the Japanese Government will decide it in consultation with the Chinese Government. ARTICLE III.—The present Treaty shall come into full force from the date of signature. It shall be ratified by Their Majesties the Emperor of Japan and the Emperor of China and the ratifications shall be exchanged at Peking as soon as possible, and not later than two months from the present date.† In witness whereof, the respective Plenipotentiaries have signed this Treaty in duplicate in the Japanese and Chinese languages and have thereto affixed their seals. Done at Peking, this twenty-second day of the twelfth month of the thirtyeighth year of Meiji, corresponding to the twenty-sixth day of the eleventh moon of the thirty-first year of Kuang Hsü. (Signed) BARON KOMURA JUTARO, [L. S.] Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, Minister for Foreign Affairs and Special Ambassador of His Majesty the Emperor of Japan. (Signed) UCHIDA YASUYA, [L. S.] Jushii, Second Class of the Imperial Order of the Rising (Signed) Presiding Minister for Foreign Affairs, Councillor of YUAN SHIH-KAI, [L. S.] Minister for Foreign Affairs, Councillor of State and + Ratifications were exchanged at Peking, January 23, 1906. ADDITIONAL AGREEMENT. The Governments of Japan and China, with a view to regulate, for their guidance, certain questions in which they are both interested in Manchuria, in addition to those provided for in the Treaty signed this day, have agreed as follows: ARTICLE I-The Imperial Chinese Government agree that as soon as possible after the evacuation of Manchuria by the Japanese and Russian forces, the following cities and towns in Manchuria will be opened by China herself as places of international residence and trade: In the Province of Shengking: Fenghwangcheng; Liaoyang; Hsinmintun; Tiehling; Tungkiangtzu and Fakumen. In the Province of Kirin: Changchun (Kuanchengtzu); Kirin; Harbin; Ninguta; Hunchun and Sanhsing. In the Province of Heilungkiang: Tsitsihar; Hailar; Aihun and Manchuli.‡ ARTICLE II. In view of the earnest desire expressed by the Imperial Chinese Government to have the Japanese and Russian troops and railway guards in Manchuria withdrawn as soon as possible, and in order to meet this desire, the Imperial Japanese Government, in the event of Russia agreeing to the withdrawal of her railway guards, or in case other proper measures are agreed to between China and Russia, consent to take similar steps accordingly. When tranquillity shall have been reestablished in Manchuria and China shall have become herself capable of affording full protection to the lives and property of foreigners, Japan will withdraw her railway guards simultaneously with Russia. ARTICLE III.-The Imperial Japanese Government, immediately upon the withdrawal of their troops from any regions in Manchuria, shall notify the Imperial Chinese Government of the regions thus evacuated, and even within the period stipulated for the withdrawal of troops in the Additional Articles of the Treaty of Peace between Japan and Russia, the Chinese Government may send necessary troops to the evacuated regions of which they have been already notified as above mentioned, for the purpose of maintaining order and tranquillity in those regions. If, in the regions from which Japanese troops have not yet been withdrawn, any villages are disturbed or damaged by native bandits, the Chinese local authorities may also dispatch a suitable military force for the purpose of capturing or dispersing those bandits. Such troops, however, shall not proceed within twenty Chinese li from the boundary of the territory where Japanese troops are stationed. ARTICLE IV. The Imperial Government of Japan engage that Chinese On September 10, 1906, Tiehling. Tungkiangtzu and Fakumen were declared open by China. On October 8, 1906, Hsinmintun was opened; on January 14, 1907, Changchun, Kirin, Harbin and Tsitsihar. On June 28, 1907, Fenghwangcheng, Liaoyang, Ninguta, Hunchun, Sanhsing, Hailar, and Aihun were opened. See the Experimental Regulations for the collection of duty on goods shipped to the new ports in Manchuria, November 19, 1907 (No. 1907/19, post). public and private property in Manchuria, which they have occupied or expropriated on account of military necessity, shall be restored at the time the Japanese troops are withdrawn from Manchuria and that such property as is no longer required for military purposes shall be restored even before such withdrawal.§ ARTICLE V.-The Imperial Chinese Government engage to take all necessary measures to protect fully and completely the grounds in Manchuria in which the tombs and monuments of the Japanese officers and soldiers who were killed in war are located. ARTICLE VI.—The Imperial Chinese Government agree that Japan has the right to maintain and work the military railway line constructed between Antung and Mukden and to improve the said line so as to make it fit for the conveyance of commercial and industrial goods of all nations. The term for which such right is conceded is fifteen years from the date of the completion of the improvements above provided for. The work of such improvements is to be completed within two years, exclusive of a period of twelve months during which it will have to be delayed owing to the necessity of using the existing line for the withdrawal of troops. The term of the concession above mentioned is therefore to expire in the 49th year of Kuang Hsü. At the expiration of that term, the said railway shall be sold to China at a price to be determined by appraisement of all its properties by a foreign expert who will be selected by both parties. The conveyance by the railway of the troops and munitions of war of the Chinese Government prior to such sale shall be dealt with in accordance with the regulations of the Eastern Chinese Railway.* Regarding the manner in which the improvements of the railway are to be effected, it is agreed that the person undertaking the work on behalf of Japan shall consult with the Commissioner dispatched for the purpose by China. The Chinese Government will also appoint a Commissioner to look after the business relating to the railway as is provided in the Agreement relating to the Eastern Chinese Railway. It is further agreed that detailed regulations shall be concluded regarding the tariffs for the carriage by the railway of the public and private goods of China. ARTICLE VII.—The Governments of Japan and China, with a view to promote and facilitate intercourse and traffic, will conclude, as soon as possible, a separate convention for the regulation of connecting services between the railway lines in South Manchuria and all the other railway lines in China.† ARTICLE VIII.-The Imperial Chinese Government engage that all materials required for the railways in South Manchuria shall be exempt from all duties, taxes and likin. ARTICLE IX.-The methods of laying out the Japanese Settlement at Yingkou in the Province of Shengking, which has already been opened to trade, and at * Under date of October 30, 1911, an agreement on this subject was concluded, of which the translation is given in Note 2 to this document, post, p. 574. See the agreement of September 4, 1909 (No. 1909/9, post), Art. V. § See, in connection with Articles II, III and IV, the Agreement for the rendition of Yingkou, December 5, 1906 (No. 1906/10, post). See Memorandum concerning the reconstruction of the Antung-Mukden Railway, August 19, 1909 (No. 1909/8, post); and the Sino-Japanese agreement of September 4, 1909, Art. 4 (No. 1909/9, post). Ti.e., 1923-4. See, however, the exchange of Notes between Japan and China, May 25, 1915, concerning the extension of the terms of this and other leases (No. 1915/8; post, p. 1221). Antung and Mukden in the same Province, which are still unopen although stipulated to be opened, shall be separately arranged and determined by officials of Japan and China. ARTICLE X.-The Imperial Chinese Government agree that a joint-stock company of forestry composed of Japanese and Chinese capitalists shall be organized for the exploitation of the forests in the regions on the right bank of the River Yalu and that a detailed agreement shall be concluded in which the area and term of the concession as well as the organization of the company and all regulations concerning the joint work of exploitation shall be provided for.‡ The Japanese and Chinese shareholders shall share equally in the profits of the undertaking. ARTICLE XI.-The Governments of Japan and China engage that in all that relates to frontier trade between Manchuria and Corea most favoured nation treatment shall be reciprocally extended.§ ARTICLE XII.—The Governments of Japan and China engage that in all matters dealt with in the Treaty signed this day or in the present Agreement the most favourable treatment shall be reciprocally extended. The present Agreement shall take effect from the date of signature. When the Treaty signed this day is ratified, this Agreement shall also be considered. as approved. In witness whereof, the Undersigned, duly authorized by their respective Governments, have signed the present Agreement in duplicate in the Japanese and Chinese languages and have thereto affixed their seals. Done at Peking, this 22nd day of the 12th month of the 38th year of Meiji, corresponding to the 26th day of the 11th moon of the 31st year of Kuang Hsü. BARON KOMURA JUTARO, [L. S.] (Signed) Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, Minister for Foreign Affairs and Special Ambassador of His Majesty the Emperor of Japan. Jushii, Second Class of the Imperial Order of the Rising (Signed) PRINCE CHING, [L. S.] Presiding Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty the Emperor of China. (Signed) CHU HUNG-CHI, [L. S.] Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty the Emperor of China. (Signed) YUAN SHIH-KAI, [L. S.] Viceroy of the Province of Chihli, Junior Guardian of the See the agreement of May 14, 1908 (No. 1908/8, post), and regulations dated September 11, 1908. See the arrangement relating to the reduction of customs duties on goods transported by the Antung-Mukden Railway, May 29, 1913 (No. 1913/7, post). |