X. This agreement is executed in triplicate in English and Chinese. one set to be retained by their excellencies the viceroy of Manchuria and the governor of Fengtien, one set by the American group, and one set by Pauling & Co. In case there be any misunderstanding arising from a difference between the English and Chinese texts the matter shall be settled by a mutually satisfactory arrangement.

Signed at Mukden by the contracting parties this nineteenth day of the eighth moon of the first year of the Emperor Hsuan Tung, being the 2d day of October of the Year 1909 of the western calendar.

(Signed)

The Viceroy of Manchuria and the
Governor of Fengtien.

(Signed) For J. P. MORGAN AND COMPANY,
KUHN, LOEB AND COMPANY,

THE FIRST NATIONAL BANK,

THE NATIONAL CITY BANK OF NEW YORK,
Constituting the American Group,

The imperial edict of approval, contemplated by Article VIII of the agreement, was issued on January 21, 1910, but no detailed agreement in pursuance of this preliminary agreement has yet been concluded.

For the protests made in behalf of other nationalities against this agreement, see The Forum, July, 1910, pp. 74-83.

In connection with this agreement, see the memorandum of agreement between the American group and Pauling & Co., as follows:

Memorandum of Agreement between the American Group and Pauling & Company, October 6, 1909

In addition to the provisions of the Preliminary Agreement with Their Excellencies, the Viceroy of Manchuria and the Governor of Fengtien for the financing, construction, and subsequent operation of the Railway from Chinchou to Aigun to which the American Group as well as Pauling and Company are parties,

It is agreed as between the American Group and Pauling and Company that: I. Since it may be necessary for the American Group in making its financial arrangements with the Chinese Government to furnish funds on terms ensuring a margin of profit not commensurate with the risks involved, Pauling and Company will give the American Group not less than 21⁄2 per cent. of the contract price for both sections of the railway referred to, such percentage to be paid on the completion of the entire road.

II. At least one-half of the materials and equipment purchased in Europe and America shall be American.

III. In view of the fact that upon completion the railway will be operated by a Company in which the American Group as well as Pauling and Company will be equally interested (unless otherwise arranged to the satisfaction of both parties), certain American engineers to be recommended by the American Group shall be employed by Pauling and Company during the period of construction.

IV. All other details necessary to secure proper cooperation between the parties

to this Agreement shall be arranged upon a mutually satisfactory basis.

V.—Any revision of the above stipulations, if such be found necessary, shall be made by mutual agreement.

Signed in duplicate at Peking this sixth day of October One Thousand Nine Hundred and Nine.

JAPAN AND RUSSIA

Convention in regard to Manchuria.'-July 4, 1910

The Imperial Government of Russia and the Imperial Government of Japan, sincerely attached to the principles established by the convention concluded between them July 17/30, 1907, and desiring to develop the results of that convention with a view to the consolidation of peace in the Far East, have agreed to complete the said arrangement by the following agreements:

ART. I. For the purpose of facilitating the communications and developing the commerce of the nations, the two High Contracting Parties engage mutually to lend each other their friendly cooperation with a view to the improvement of their respective lines of railroad in Manchuria, and to the perfecting of the connecting service of the said railways, and to refrain from all competition unfavorable to the attainment of this result.

ART. II-Each of the High Contracting Parties engages to maintain and to respect the status quo in Manchuria as it results from all the treaties, conventions or other arrangements hitherto concluded, either between Russia

1 MACMURRAY, vol. 1, p. 803, translation from the official French text as printed in the Russian Government Messenger of July 1/14, 1910.

Other translations printed in F. E. Review, vol. vII, p. 89, and Am. Journal Int. Law, Supplement, 1910, p. 279.

See Note to this document, post, p. 142.

and Japan or between these two Powers and China. Copies of the aforesaid arrangements have been exchanged between Russia and Japan.

ART. III. In case any event of such a nature as to menace the abovementioned status quo should be brought about, the two High Contracting Parties will in each instance enter into communication with each other, for the purpose of agreeing upon the measures that they may judge it necessary to take for the maintenance of the said status quo.

In faith of which the undersigned, duly authorized by their respective Governments, have signed this convention and set their seals thereto.

Done at St. Petersburg, June 21 (July 4), 1910, corresponding to the 4th day of the 7th month of the forty-third year of Meiji.

The following is stated to be "the full text of the Secret Treaty" of July 4, 1910, accompanying the political convention of that date between Japan and Russia, as printed in the New York American's revelations of Russian "Secret Diplomacy" by Captain George Abel Schreiner, collated from the documents in the possession of, and translated by, Count B. von Siebert (installment of March 13, 1921):

Secret Treaty between Russia and Japan, July 4, 1910

"To confirm and further develop the provisions of the Secret Treaty of June 17/30, 1907, the Russian and the Japanese governments agree to the following provisions :

"ARTICLE 1.-Russia and Japan recognize as the boundary of their specific spheres of interest in Manchuria the line of demarcation as defined in the supplementary article of the Secret Treaty of 1907.

"ARTICLE 2.-The two contracting parties agree mutually to recognize their special interests in the areas set forth above. Each of them may also, each within its own sphere of interest, take such measures as shall be deemed necessary for the maintenance and protection of these interests.

"ARTICLE 3.—Each party undertakes to place no obstacle of any kind in the way of the confirmation and future development of the special interests of the other party within the boundary lines of such spheres of interest.

"ARTICLE 4.-Each of the contracting parties undertakes to refrain from all political action within the sphere of interest of the other party in Manchuria. Furthermore, it has been decided that Russia shall seek no privileges and concessions in the Japanese zone, and Japan none in the Russian zone, that might be injurious to the special interests of either party and that both governments are to recognize the rights acquired in their spheres of interest, as defined in Article 2 of the Public Treaty of today's date.

"ARTICLE 5.-To ensure the working of the mutual stipulations, both parties will enter into an open and friendly exchange of opinions on all matters concerning their special interests in Manchuria. In case these special interests should be threatened, the two governments will agree on the measures that may become necessary for common action or mutual support in order to protect these interests.

"ARTICLE 6. The present treaty will be kept strictly secret by both governments." In connection with this convention, see the treaty of peace between Japan and Russia, September 5, 1905 (No. 12, ante), and the treaty between Japan and China,

December 22, 1905 (No. 13, ante); see also the Russo-Japanese political conventions of July 30, 1907 (No. 20, ante), and July 3, 1916 (No. 38, post).

The following is the translation (as printed in Am. Journal Int. Law, Supplement, 1910, p. 279) of the note addressed by the Chinese Government to the several Powers in reference to this convention, under date of July 21, 1910:

"The Imperial Government having carefully perused the new Russo-Japanese Convention, concluded on July 4, 1910, copies of which were handed to the Wai-wu-pu by the Russian and Japanese Ministers, the following acknowledgment, dated July 21, has been sent to them:

"Since the convention expressly states that each of the high contracting parties engage to respect and maintain the treaties, conventions, and other arrangements concluded between China and Japan, between China and Russia, and between Japan and Russia, it therefore accords with and confirms the principles of the engagements made between Japan and Russia by the Treaty of Peace in 1905, and those of the treaty and agreement made between China and Japan relating to matters in the three eastern provinces. For by Article 3 of the Russo-Japanese Treaty of Peace, Russia and Japan mutually engage to restore entirely and completely to the exclusive administration of China all portions of Manchuria, and declare that the Imperial Governments have not in Manchuria any territorial advantages or preferential or exclusive concessions in impairment of Chinese sovereignty, or inconsistent with the principle of equal opportunity; and by Article 4 Japan and Russia reciprocally engage not to obstruct any general measures common to all countries which China may take for the development of the commerce and industry of Manchuria. In the same year Japan and China named their plenipotentiaries, and agreed upon and concluded Articles at Peking, based upon the Treaty of Peace concluded at Portsmouth, and relating to matters in the three Manchurian provinces, whereby the opening of Manchuria becomes an accomplished fact.

"The Imperial Government will therefore in the future act in accordance with the principles declared in the Russo-Japanese Treaty of Peace, and execute the provisions of the Treaty and Agreement with Japan, maintaining with increased efforts such matters as measures arising from the exercise of China's rights of sovereignty, the principle of equal opportunity, and the development of the commercial and industrial prosperity of the three Manchurian provinces, with a view to the promotion of the best interests of all parties.'

"A copy of the above acknowledgment has been presented to the governments of all the countries with which China enjoys treaty and diplomatic relations."

No. 31

JAPAN AND CHINA

Convention relating to railway connections at Antung.'-November 2,

1911

In effecting through train service across the national boundaries between the Antung-Mukden Railway and the Korean Railway, the Govern

1 MACMURRAY, vol. 1, p. 914, translation from the Japanese text as published in the Japanese Official Gazette, November 15, 1911. Another translation, together with the Chinese text, is printed in CUSTOMS, vol. 11, p. 773.

In connection with this convention, see the memorandum concerning the reconstruction of the Antung-Mukden Railway, August 19, 1909 (No. 26, ante); agreement concerning mines and railways in Manchuria, September 4, 1909 (No. 27, ante); provisional regulations for the working of the maritime customs office at Antung, March 31, 1912 (MACMURRAY, vol. II, p. 950); and arrangement in regard to the reduction of customs duties on goods transported by the Antung-Mukden Railway, May 29, 1913 (No. 32, post).

ments of Japan and China have appointed their respective commissioners and have agreed upon the following clauses:

1.—The Governments of Japan and China consent, in the interest of world communications, to direct connection of trains on the boundary between the two countries.

2. For the purpose of through train service over the two railways, the centre of the Yalu iron bridge shall be regarded as the dividing line between the two countries, the western portion being the Chinese boundary and the eastern portion the Japanese.

3.—When a train crosses the national boundary, the locomotive shall be changed. Locomotives used on the Korean Railway shall not proceed westward beyond the Antung-hsien station; and locomotives used on the Antung-Mukden Railway shall not proceed eastward beyond the Shingishu (Hsin Wiju) station.

4. With reference to trains coming from either country, those entering Japanese territory shall be limited to the Korean Railway lines, and those entering Chinese territory shall be limited to the lines of the South Manchuria Railway Company.

5. When a train of either railway arrives at Antung-hsien station, China, freight, hand baggage and small goods must be unloaded at the goods inspection office and inspected by the customs officials of both countries.

However, this provision shall not be applicable to goods which the customs officials deem it unnecessary to have unloaded.

6. The two countries shall detail their respective customs officials to conduct joint inspection at the Antung-hsien station goods inspection office, and said officials shall act in accordance with the customs regulations of their respective countries and detailed rules determined by themselves. Goods imported into China from Japanese territory shall first be inspected by Japanese customs officials and then by Chinese customs officials; while goods imported into Japan from Chinese territory shall first be inspected by Chinese customs officials and then by Japanese customs officials.

(a) Hand baggage carried by, or small goods belonging to, passengers leaving or arriving at the Antung-hsien station shall be inspected at the Antung-hsien station.

(b) Hand baggage carried by, or small goods belonging to, passengers passing through Antung-hsien station shall be inspected in the train while it is stopping.

When inspection is not completed before the train leaves, customs officials shall, according to their convenience, continue inspection on the train while in motion, or shall have hand baggage carried by, or small goods