the remainder of the lease under which it is held by Russia, removes the slightest uncertainty as to the liberal and conciliatory commercial policy His Majesty proposes carrying out in northeastern China, and would seem to insure us the sympathetic and, it is hoped, favorable consideration of the propositions hereinafter specified.

The principles which this Government is particularly desirous of seeing formally declared by His Imperial Majesty and by all the great Powers interested in China, and which will be eminently beneficial to the commercial interests of the whole world, are:

First. The recognition that no Power will in any way interfere with any treaty port or any vested interest within any leased territory or within any so-called "sphere of interest" it may have in China.

Second. That the Chinese treaty tariff of the time being shall apply to all merchandise landed or shipped to all such ports as are within said "sphere of interest" (unless they be "free ports "), no matter to what nationality it may belong, and that duties so leviable shall be collected by the Chinese Government.

Third. That it will levy no higher harbor dues on vessels of another nationality frequenting any port in such "sphere" than shall be levied. on vessels of its own nationality, and no higher railroad charges over lines built, controlled, or operated within its "sphere" on merchandise belonging to citizens or subjects of other nationalities transported through such "sphere" than shall be levied on similar merchandise belonging to its own nationals transported over equal distances.

The declaration of such principles by His Imperial Majesty would not only be of great benefit to foreign commerce in China, but would powerfully tend to remove dangerous sources of irritation and possible conflict between the various Powers; it would reestablish confidence and security; and would give great additional weight to the concerted representations which the treaty Powers may hereafter make to His Imperial Chinese Majesty in the interest of reform in Chinese administration so essential to the consolidation and integrity of that Empire, and which, it is believed, is a fundamental principle of the policy of His Majesty in Asia.

Germany has declared the port of Kiao-chao, which she holds in Shantung under a lease from China, a free port and has aided in the establishment there of a branch of the Imperial Chinese Maritime Customs. The Imperial German Minister for Foreign Affairs has also given assurances that American trade would not in any way be discriminated against or interfered with, as there is no intention to close the leased territory to foreign commerce within the area which Germany claims. These facts lead this Government to believe that the Imperial German Government will lend its cooperation and give its acceptance to the proposition above outlined, and which our Ambassador at Berlin is now instructed to submit to it.

That such a declaration will be favorably considered by Great Britain and Japan, the two other Powers most interested in the subject, there can be no doubt; the formal and oft-repeated declarations of the British and Japanese Governments in favor of the maintenance throughout China of freedom of trade for the whole world insure us, it is believed, the ready assent of these Powers to the declaration desired.

The acceptance by His Imperial Majesty of these principles must therefore inevitably lead to their recognition by all the other Powers interested, and you are instructed to submit them to the Emperor's Minister for Foreign Affairs and urge their immediate consideration.

A copy of this instruction is sent to our Ambassadors at London and Berlin for their confidential information, and copies of the instructions sent to them on this subject are enclosed herewith.

I have, etc.,

JOHN HAY. (Enclosures: To London, September 6, 1899, No. 205. To Berlin, September 6, 1899, No. 927.)

No. 761.]

COUNT MOURAVIEFF TO MR. TOWER.

MINISTÈRE DES AFFAIRES ETRANGÈRES,
PREMIER DÉPARTMENT,

Le 18 Décembre, 1899.

MONSIEUR L'AMBASSADEUR: J'ai eu l'honneur de recevoir la note de Votre Excellence en date du 8-20 Septembre a. c. relative aux principes que le Gouvernement des Etats-Unis désirerait voir adoptés en matière économique par les Puissances ayant des intérêts en Chine.

Pour ce qui est du territoire cédé à bail par la Chine à la Russie le Gouvernement Imperial a déjà manifesté sa ferme intention de pratiquer la politique de "la porte ouverte" en érigeant Dalny (Talien-wan), en port franc; et si à l'avenir ce dernier port, tout en continuant à rester franc, était séparé par une ligne de douanes du reste du territoire dont il s'agit, les taxes douanières seraient prélevées dans la zone soumise au tarif, sur toutes les marchandises étrangères sans distinction de nationalité.

Quant aux ports déjà ouverts, ou qui le seraient à l'avenir, par le Gouvernement Chinois, au commerce étranger et qui se trouvent en dehors du territoire cédé à bail à la Russie, le règlement des questions relatives aux taxes douanières appartient à la Chine elle-même, et le Gouvernement Imperial n'a nullement l'intention de réclamer pour ses nationaux à cet égard des privilèges quelconques à l'exclusion des autres étrangers. Il va de soi que cette assurance du Gouvernement Imperial a pour condition qu'une déclaration semblable serait faite par les autres Puissances ayant des intérêts en Chine.

Convaincu que cette réponse est de nature à satisfaire à la demande. exprimée dans la note susmentionnée, le Gouvernement Imperial se félicite d'autant plus d'avoir été au devant des vœux du Gouvernement Américain, qu'il attache le plus grand prix à tout ce qui peut entretenir et consolider les relations amicales traditionnelles existant entre les deux pays.

Veuillez agréer, Monsieur l'Ambassadeur, l'assurance de ma haute considération.

COMTE MOURAVIEFF.

[Translation.]

MINISTRY OF FOREIGN AFFAIRS,
December 18-30, 1899.

MR. AMBASSADOR: I had the honor to receive Your Excellency's note dated the 8th-20th of September last, relating to the principles which the Government of the United States would like to see adopted in commercial matters by the Powers which have interests in China. In so far as the territory leased by China to Russia is concerned, the Imperial Government has already demonstrated its firm intention to follow the policy of "the open door" by creating Dalny (Ta-lien-wan) a free port; and if at some future time that port, although remaining free itself, should be separated by a customs limit from other portions of the territory in question, the customs duties would be levied, in the zone subject to the tariff, upon all foreign merchandise without distinction as to nationality.

As to the ports now opened or hereafter to be opened to foreign commerce by the Chinese Government, and which lie beyond the territory leased to Russia, the settlement of the question of customs duties belongs to China herself, and the Imperial Government has no intention whatever of claiming any privileges for its own subjects to the exclusion of other foreigners. It is to be understood, however, that this assurance of the Imperial Government is given upon condition that a similar declaration shall be made by other Powers having interests in China.

With the conviction that this reply is such as to satisfy the inquiry made in the aforementioned note, the Imperial Government is happy to have complied with the wishes of the American Government, especially as it attaches the highest value to anything that may strengthen and consolidate the traditional relations of friendship existing between the two countries.

I beg you to accept, etc.

COUNT MOURAVIEFF.

INSTRUCTION SENT MUTATIS MUTANDIS TO THE UNITED STATES AMBASSADORS AT LONDON, PARIS, BERLIN, ST. PETERSBURG, AND ROME, AND TO THE UNITED STATES MINISTER AT TOKYO.

SIR: The

DEPARTMENT OF STATE,

Washington, March 20, 1900. Government having accepted the declaration suggested by the United States concerning foreign trade in China, the terms of which I transmitted to you in my instruction No. — of and like action having been taken by all the various Powers having leased territory or so-called "spheres of interest" in the Chinese Empire, as shown by the notes which I here with transmit to you," you will please inform the Government to which you are accredited that the condition originally attached to its acceptance-that all other Powers concerned should likewise accept the proposals of the United States having been complied with, this Government will therefore consider the assent given to it by as final and definitive.

You will also transmit to the Minister for Foreign Affairs copies of the present enclosures, and by the same occasion convey to him the expression of the sincere gratification which the President feels at the successful termination of these negotiations, in which he sees proof of the friendly spirit which animates the various Powers interested in the untrammeled development of commerce and industry in the Chinese Empire, and a source of vast benefit to the whole commercial world. I am, etc.,

JOHN HAY.

a All printed ante.

No. 29.

RUSSIA.

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.

SIGNED AT PORT ARTHUR, JANUARY 30, 1901.a

[Translation.]

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.) 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.

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. The 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

"The original Convention bears date November 11, 1900.