"We have therefore accepted the advice of the friendly Powers and have commanded our Government to reply to the Governments of the three Powers to that effect.

"We have specially commanded our Government to negotiate with the Chinese Government respecting all arrangements for the return of the peninsular districts. The exchange of the ratifications of the Treaty of Peace has now been concluded, the friendly relations between the two Empires have been restored, and cordial relations with all other Powers have been strengthened.

"We therefore command all our subjects to respect our will, to take into careful consideration the general situation, to be circumspect in all things, to avoid erroneous tendencies, and not to impair or thwart the high aspirations of our Empire.

"(Countersigned by all the Ministers of State.)

"May 10, 1895."

(Imperial sign-manual.)

In Recueil (p. 63) are printed the French texts of several documents, the tenor of which is sufficiently indicated by the following translation of an identic note addressed to the Japanese Ministry for Foreign Affairs, by the French, German and Russian Ministers on October 18, 1895, and acknowledged by it under date of the following day:

Identic Note of French, German and Russian Ministers to Japanese Minister for Foreign Affairs regarding Retrocession of Liaotung Peninsula.-October 18, 1895. "The undersigned Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Russia has not failed to bring to the knowledge of his Government the two Declarations that His Excellency the Marquis Saïonzi, Acting Minister for Foreign Affairs, has made to him in the name of his Government, namely:

"A-Under date of July 19th: That the Government of His Majesty the Emperor of Japan recognizes the Straits of Formosa as being a great sea highway of the nations, and that those Straits are in consequence beyond its exclusive control or appropriation. The Government of His Majesty the Emperor of Japan binds itself not to cede to any Power the Islands of Formosa and the Pescadores';

"and B-Under date of October 7th: That the Government of His Majesty the Emperor of Japan has decided (1) to reduce to thirty million taels the amount of the indemnity in compensation for the retrocession of the Liaotung (Fêng-Tien) Peninsula, and (2) not to make the conclusion of the Treaty of commerce and navigation with China a condition of the evacuation of the said Peninsula; and to effect such evacuation within a period of three months from the date of the full payment by China of the said indemnity of thirty million taels.'

"The undersigned has been advised that the Government of his August Master, His Majesty the Emperor, taking note of the Declarations above cited, can only felicitate the Government of His Majesty the Emperor of Japan upon this new proof of its wisdom and moderation.

“In bringing the foregoing, under the instruction of his Government, to the knowledge of His Excellency the Acting Minister for Foreign Affairs, the undersigned begs him to be so good as to acknowledge the receipt of the present note, and avails himself of this occasion to renew to him the assurance of his highest consideration.

"Tokio, October 6/18, 1895.

"(Sgd.)

batr

HITROVO."

NUMBER 1896/1.

FRANCE AND GREAT BRITAIN.

Declaration with regard to the Kingdom of Siam and other matters (advantages in Yünnan and Szechuan, etc.).*—January 15, 1896.

The Undersigned, duly authorized by their respective Governments, have signed the following Declaration:

I.-British and French spheres of influence in Siam.-The Governments of Great Britain and France engage to one other that neither of them will, without the consent of the other, in any case, or under any pretext, advance their armed forces into the region which is comprised in the basins of the Petcha Bouri, Meiklong, Menam and Bang Pa Kong (Petriou) Rivers and their respective tributaries, together with the extent of coast from Muong Bang Tapan to Muong Pase, the basins of the rivers on which those two places are situated, and the basins of the other rivers, the estuaries of which are included in that coast; and including also the territory lying to the north of the basin of the Menam, and situated between the Anglo-Siamese frontier, the Mekong River, and the eastern watershed of the Me Ing. They further engage not to acquire within this region any special privilege or advantage which shall not be enjoyed in common by, or equally open to, Great Britain and France and their nationals and dependents. These stipulations, however, shall not be interpreted as derogating from the special clauses which, in virtue of the Treaty concluded on the 3rd October, 1893, between France and Siam, apply to a zone of 25 kilom. on the right bank of the Mekong and to the navigation of that river.

II.-Independence of Siam.-Nothing in the foregoing clause shall hinder any action on which the two Powers may agree, and which they shall think necessary in order to uphold the independence of the Kingdom of Siam. But they engage not to enter into any separate Agreement permitting a third Power to take any action from which they are bound by the present Declaration themselves to abstain.

III.-Mekong thalweg limit.-From the mouth of the Nam Huok northwards as far as the Chinese frontier the thalweg of the Mekong shall form the limit of the possessions or spheres of influence of Great Britain and France. It is agreed that the nationals and dependents of each of the two countries shall not exercise any jurisdiction or authority within the possessions or sphere of influence of the other.

Police of islands in Mekong.-The police of the islands in this part of the river which are separated from the British shore by a branch of the river shall,

*Text as reprinted in Ru... 28, from B. & F. State Papers, Vol. 88, p. 13. Printed also in British Treaty Series, No. 5 (1896); Hertslet, p. 583; Recueil, p. 94.

In connection with Article 4 of this declaration see the Anglo-Chinese Convention rela tive to Burmah and Thibet, March 1, 1894 (No. 1894/1, ante) and the Franco-Chinese Complementary Convention for the delimitation of the boundary between Tonkin and China, June 20, 1895 (No. 1895/4, ante).

so long as they are thus separated, be intrusted to the French authorities. The fishery shall be open to the inhabitants of both banks.

IV. No exclusive commercial and other privileges in Yünnan and Szechuen. The two Governments agree that all commercial and other privileges and advantages conceded in the two Chinese provinces of Yünnan and Szechuen either to Great Britain or France, in virtue of their respective Conventions with China of the 1st March, 1894, and the 20th June, 1895, and all privileges and advantages of any nature which may in the future be conceded in these two Chinese provinces, either to Great Britain or France, shall, as far as rests with them, be extended and rendered common to both Powers and to their nationals and dependents, and they engage to use their influence and good offices with the Chinese Government for this purpose.

V.-Delimitation of territory west of Lower Niger.-The two Governments agree to name Commissioners delegated by each of them, who shall be charged to fix by mutual agreement, after examination of the titles produced on either side, the most equitable delimitation between the British and French possessions in the region situated to the west of the Lower Niger.

VI.-Revision of general convention of July 19, 1875, with Tunis, agreed to. In conformity with the stipulations of Article XL of the General Convention concluded between Great Britain and the Regency of Tunis on the 19th July, 1875, which provides for a revision of that Treaty "in order that the two Contracting Parties may have the opportunity of hereafter treating and agreeing upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective people," the two Governments agree at once to commence negotiations for replacing the said General Convention by a new Convention, which shall correspond with the intentions proposed in the Article above referred to. Done at London, the 15th January, 1896.

[L. S.]

[L. S.]

SALISBURY.

ALPH. DE COURCEL.

NUMBER 180/2.

GERMANY (Deutsche-Asiatische Ban), GREAT BRITAIN (Hongkong and Shanghai Banking Corp ration) AND CHINA.

Agreement for the Chiese Imperial Government Five Per Cent Sterling Loan of 1896.*-March 23, 1896.

This agreement is made between the Tsungli Yamen Peking acting on behalf of the Imperial Goverment of China of the one part and the Hongkong and

* In connection with this agreement see also Agreement for the Chinese Imperial Government 42% Gold Loan of 1898, signed March 1, 1898 (No. 1898/3, post).

Shanghai Banking Corporation and Deutsch-Asiatische Bank representing an Anglo-German Syndicate hereinafter called “the Syndicate "—of the other part.

Whereas a Preliminary Agreement for an Imperial Chinese Government five per cent gold loan was executed by the above contracting parties on the eleventh day of March one thousand eight hundred and ninety six,

And whereas on the seventeenth day of March one thousand eight hundred and ninety six telegraphic advice was received from the Syndicate in Europe that they are prepared to issue the loan on the conditions specified in that preliminary agreement,

And whereas in terms of clause thirteen of the preliminary agreement an Imperial Edict has been issued on the first day of the second month of the twenty second year of the Emperor Kuang-Hsü being the fourteenth day of March one thousand eight hundred and ninety six sanctioning the loan on the terms named in the Preliminary Agreement copies of which Imperial Edict have been officially handed by the Tsungli Yamen to the Minister for Germany and to the Chargé d'Affaires for Great Britain in Peking.

It is now agreed as follows:

1. The Imperial Government of China authorizes the Syndicate to issue an Imperial Chinese Government five per cent Sterling loan for the amount of sixteen million pounds Sterling.

2. The loan shall be dated the first day of April one thousand eight hundred and ninety six and shall be entitled the "Chinese Imperial Government five per cent Sterling loan of one thousand eight hundred and ninety six." The loan shall be issued in two series, the first of which shall be for ten million pounds Sterling and shall be issued as soon as possible after the signing of this agreement. The balance of the loan shall be issued not later than the first of October of the present year, the two series to be extinguishd simultaneously.

3. The rate of interest for the loan shall be five per cent per annum, on the nominal principal, that is shall be eight hundred thousand pounds per annum and shall be paid by the Chinese Government to the Syndicate in monthly instalments calculated from the first day of April one thousand eight hundred and ninety six and in accordance with the amounts and dates of the Schedule attached to this Agreement.

4. The term of the loan shall be thirty six years, and repa, ment of prineinking-fund of one hundred and sixty six thoucipal shall be made by a year sand nine hundred and fifty two rounds Sterling which shall be paid by the Chinese Government to the Syndicate in onthly instalments, in accordance with the amounts and dates of the Schedule attached to this Agreement. During the term of thirty six years the amortisa on shall not be increased nor the loan converted nor redeemed by the Chinese Government.

12

5. The total monthly payment du for amortisation and interest and amounting to eighty thousand five hundred and seventy-nite pounds six shillings and eight pence shall be made in equal shares and in accordance with the amounts and dates of the Schedule attached to this agreement, o the Hongkong and Shanghai Banking Corporation and Deutsch-Asiatische Bank by the Imperial Government of China who shall hand to those banks at thir branches in Shang

hai on the date named in the Schedule, funds in Shanghai Sycee sufficient to meet each such payment in sterling in Europe, the rate of exchange for which shall be settled with those two banks on the same day. The Syndicate retains the right to re-arrange the service of interest and repayments of principal to the Bondholders on such terms as it deems advisable.

6. The Syndicate shall issue and is hereby authorised to issue, to subscribers of the loan, bonds for the total amount of the loan in pounds Sterling, in such form, in such languages and for such amounts as shall appear advisable to the Syndicate and these bonds shall be sealed by the Minister for China in London or Berlin as evidence that the Imperial Government of China is bound thereby.

7. This entire loan of sixteen million pounds, subject to previous loans charged on the same security and not yet redeemed, shall be charged on the Imperial Maritime Customs Revenue of China and shall have priority both regarding principal and interest over all future loans, charges and mortgages so long as this loan or any part thereof shall be unredeemed. No loan, charge or mortgage shall be raised or created which shall take precedence of or be on equality with this loan or which shall in any manner lessen or impair its security over the said Customs Revenue so far as required for the annual service of this loan and any future loan charge or mortgage charged on the said Customs revenue shall be made subject to this loan and it shall be so expressed in every agreement for any such future loan charge or mortgage. In the event of the Imperial Maritime Customs Revenue of China, at any time proving insufficient to support the service of the interest or repayment of the principal of this loan the Imperial Chinese Government will provide the funds required for the same from other sources. The administration of the Imperial Maritime Customs of China shall continue as at present constituted, during the currency of this loan.

8. This loan shall be further secured by Customs Bonds for the total amount in Sterling of the loan principal and interest, issued and sealed by the Tsung-li-yamen and the Board of Revenue, Peking, and countersigned by the Inspector General of Customs and all such Customs Bonds shall contain the priority clause number seven of this Agreement. These Customs bonds shall be handed in equal shares to the Imperial German Legation, Peking, and the Hongkong and Shanghai Banking Corporation before payment to the Chinese Government of the proceeds of the loan.

9. This loan shall also be further collaterally secured by deposit with the Hongkong and Shanghai Banking Corporation and Deutsch-Asiatische Bank of sterling Customs Bonds equal in value altogether to the total amount of the loan, principal and interest, sealed by the Chinese Superintendent of Customs at Shanghai and by the Viceroy of the Liang Kiang Provinces and countersigned by the foreign Commissioner of Customs at Shanghai. These Customs bonds shall be handed to the Hongkong and Shanghai Banking Corporation and Deutsch-Asiatische Bank at their branches in Shanghai in equal shares on or before the fifteenth day of April next and in the event of the money to meet a payment of interest and/or sinking fund, not being handed to the Hongkong and Shanghai Banking Corporation and Deutsch-Asiatische Bank at their