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.

"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).

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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 Russian troops to be withdrawn from those parts so that traffic may be resumed.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.

The

"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. 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.

66 '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.

66

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.

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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.

46

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,

'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

view toward the upkeep and protection of the railway line, and all utensils and materials provided by the said Russian Military Authorities.

ARTICLE III.-Russian troops shall enjoy the same privileges on the ShanhaikuanYingkou line as the troops of other nations enjoy, or may hereafter enjoy, on the PekingShanhaikuan line, for such time as Legation guards are stationed in Peking and troops in Chihli for the protection of communication between Peking and the sea, as provided in the Protocol of August 25 (Sept. 7), 1901; and to facilitate the transfer of time expired men from such detachments, and their replacement by others, vessels transporting Russian troops and military supplies shall enjoy the special privilege of priority over other shipping at the railway wharves at Yingkou.

"ARTICLE IV.-Russian troops and military supplies transported between Shanhaikuan and Yingk'ou shall be charged for at the same schedule of prices as that in force at the time on the Peking-Shanhaikuan line.

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ARTICLE V.-The offices used by the Russian Post and Telegraph Administrations at Shanhaikuan shall be turned over to the Imperial Chinese Railway Administration at the same time as the offices of the Imperial Chinese Railway Administration used by the British Military Administration at Tientsin and Shanhaikuan are turned over.

"ARTICLE VI.-During the time stated in Article III of this Convention, Russia shall enjoy the same privileges in regard to the Yingk'ou-Shanhaikuan-Peking telegraph line strung on the poles erected by the Railway as the other powers enjoy between Peking and Shanhaikuan under Article VIII of the British-Chinese Convention of April 16 (29) of the present year in regard to the rendition to China of the Railway.

ARTICLE VII.-The Russian Government shall enjoy the same privileges in regard to the despatch of mails from Peking to Yingk'ou as other powers enjoy on the railway between Peking and Shanhaikuan. Hereafter as the Russian mails increase in bulk, if special cars should be necessary for their despatch, the Imperial Chinese Railway Administration shall provide a car on one day's notice; as a matter of convenience the cars supplied from Peking to the Chinese Eastern Railway for the transport (of mails) to Russia shall be paid for each Sunday, and the charges for such cars shall not exceed the rate charged for the transport of military supplies.

"PAUL LESSAR.
"CH'ING.

"WANG WEN-SHAO."

A French translation from the Russian text of this agreement is printed in Recueil, p. 633.

In regard to restoration by the British military authorities of the section of the Imperial railways of North China within the Wall, see the agreements of April 29, 1902 (No. 1902/4, post.)

NUMBER 1902/4.

GREAT BRITAIN AND CHINA.

Agreement for the restoration of the Peking-Shanhaikuan Railway to the Chinese civil authorities by the British military authorities, and Additional Agreement respecting the management of the northern railways and the building of new branch lines.*—April 29, 1902.

Agreement for Transfer of Peking-Shanhaikuan Railway to Chinese Civil Administration.

The British Military Authorities are prepared to hand over to the Administrators-General of the Northern Railways the railway from Peking to Shanhaikuan, including the extensions to Tungchow, Chien Men and Temple of Heaven, on the following conditions:

*Texts as printed in Wang, pp. 117, 123. Printed also in Recueil, pp. 546, 551. See Note 1 to this document, post, p. 335.

1. Whereas by Article 9 of the Protocol of September 7† the Chinese Government accorded to the Powers the right of occupying certain points to be determined by agreement among themselves, for the purpose of maintaining free communication between Peking and the sea, and the railway is essentially the principal line of communications, the Chinese Government undertakes to give precedence to the transport of troops occupying these points and Legation guards, horses, artillery, stores and all military impedimenta, in accordance with the annexed regulations for military traffic on the line from Shanhaikuan to Peking.‡

2. The Administrators-General agree, as long as the military posts referred to in Article 1 are maintained, that a Military Co-director and two Military deputy Co-directors shall be retained, to attend to the requirements of military traffic. All such requirements, whether in transport or works, shall be arranged by the Military Co-director with the Chinese Administration, who will give orders for their fulfilment.

The position of Co-director will be held by a British officer while the German and Japanese Military Authorities will each have the power to appoint one of the deputy Co-directors.

3. To facilitate communication between the various contingents and the railway administration the commanding officers may as long as the military posts are maintained appoint station officers at all the stations which appear to them to be of special importance, and every facility will be afforded to them to guard the interests of their contingents. For this purpose they will correspond direct with the British Military Co-director.

4. The Administrators-General of the Northern Railways agree to appoint an officer to take over, after verification, and fulfil all engagements and agreements whatsoever entered into by the British Railway Administration previous to the date of handing over. The same course shall be adopted with regard to the buildings occupied at Tientsin by the British Railway Authorities, whether as offices or quarters, should the Chinese Administration be called upon to take them over.

5. Subject to the conditions of Article 2, the fixing of rates for the conveyance of civil passengers and goods, the repairs and construction, time tables, contracts, indents for material and rolling-stock, the keeping of accounts, in short every matter, except the requisitioning of trains for the conveyance of foreign troops, horses, artillery, stores and other military impedimenta, will be entirely in the hands of the Chinese Administration, as it was previous to the. line being taken possession of by the Allied Military Authorities in 1900.

6. The accounts of the British Railway Administration from the date on which it took over charge from the German Military Head-quarters up to the date of the handing back to the Chinese Administration shall be examined and audited by two auditors, one appointed by the Officer Commanding the British. Contingent in North China and the other by the Chinese Administration.

7. No part of the lines or stations existing at the date of the signature of

this agreement shall be removed without communications or accommodation being first provided in lieu thereof. All such changes shall, before being carried out, be referred by the Chinese Administration to the Military Commanders through the Military Co-director and their concurrence obtained.

8. The railway telegraph lines shall be handed over concurrently with the railways, but the military authorities shall have the right to establish a line for military purposes on the railway telegraph poles. Until this line is in working order military telegrams shall be treated in accordance with rule 12 in the annexed regulations for military traffic, precedence being given over all other messages to telegrams marked "urgent" or "clear the line " despatched by the various military commanders and the officers commanding posts and officers commanding Legation Guards.

9.—The transfer to the Chinese Administration shall take place on the same day as the Russian Military Authorities surrender the portion of the Shanhaikuan Railway Station and buildings including the bridge works and the portion of line from Shanhaikuan up to and including the bridge at the Great Wall near Shanhaikuan now held by them, and not before, or on the 1st of June, whichever is the later date.

10.—The full consent in writing of the military commanders having troops posted on the line of communications in accordance with the 9th Article of the Protocol of September 7, 1901, as well as that of the Representatives of Foreign Powers maintaining guards for their Legations at Peking shall be obtained by the Chinese Government to the transfer from the British Military Authorities to the Chinese Administration before this agreement comes into force.

Signed at Peking, this twenty-ninth day of April one thousand nine hundred and two.

For the better management of the railways after the British Military Authorities have handed them over to the Chinese Administration, in the interests of the Chinese public revenue and of the British bondholders, the following Regulations have been agreed to by the Administrators-General Yuan and Hu in consultation with Sir Ernest Satow, His Britannic Majesty's Minister:

1.—Under the authority of Their Excellencies Yuan and Hu, the Administrators-General of the Northern Railways, the Board of Administration of the Peking-Shanhaikuan Railway shall be constituted as follows:

Managing Director;

Foreign Director;