It is, however, expressly understood that no such evacuation shall take place until after the exchange of the ratifications of the Treaty of Commerce and Navigation. ARTICLE IX. Prisoners of war.-Immediately upon the exchange of the ratifications of this Act, all prisoners of war then held shall be restored and China undertakes not to ill-treat or punish prisoners of war so restored to her by Japan. China also engages to at once release all Japanese subjects accused of being military spies or charged with any other military offenses. China further engages not to punish in any manner nor to allow to be punished, those Chinese subjects who have in any manner been compromised in their relations with the Japanese army during the war. ARTICLE X.-Cessation of military operations.-All offensive military operations shall cease upon the exchange of the ratifications of this Act. ARTICLE XI. The present Act shall be ratified by their Majesties the Emperor of China and the Emperor of Japan, and the ratifications shall be exchanged at Chefoo, on the 14th day of the 4th month of the 21st year of Kwang Hsü, corresponding to the 8th day of the 5th month of the 28th year of Meiji. (May 8th, 1895.) 1 1 In witness whereof, the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms. Done at Shimonoseki, in duplicate, this 23d day of the 3d month of the 21st year of Kwang Hsü, corresponding to the 17th day of the 4th month of the 28th year of Meiji. (April 17th, 1895.) LI HUNG CHANG. [L. S.] Plenipotentiary of His Majesty the Emperor of China, LI CHING FONG. Plenipotentiary of His Majesty the Emperor of China, Ex-Minister of the Diplomatic Service, of the Second Official Rank. COUNT ITO HIROBUMI. [L. S.] Junii, Grand Cross of the Imperial Order of Paullownia, Minister President of State, Plenipotentiary of His Majesty the Emperor of Japan. [L. S.] VISCOUNT MUTSU MUNEMITSU. 1 Ratifications exchanged at Chefoo, May 8, 1895. SEPARATE ARTICLES ARTICLE I.-Military force to occupy Wei-hai-wei.—The Japanese military forces which are, under Article VIII of the treaty of peace signed this day, to temporarily occupy Wei-hai-wei, shall not exceed one Brigade and from the date of the exchange of the ratifications of the said treaty of peace, China shall pay annually, one-fourth of the amount of the expenses of such temporary occupation that is to say, at the rate of 500,000 Kuping Taels per annum. ARTICLE II.—Territory occupied at Wei-hai-wei.-The territory temporarily occupied at Wei-hai-wei shall comprise the island of Liu-kung and a belt of land 5 Japanese Ri wide along the entire coast line of the Bay of Wei-hai-wei. No Chinese troops shall be permitted to approach or occupy any place within a zone of 5 Japanese Ri wide beyond the boundaries of the occupied territory. ARTICLE III.-Chinese to retain civil administration. The civil administration of the occupied territory shall remain in the hands of the Chinese Authorities. But such Authorities shall at all times be obliged to conform to the orders which the Commander of the Japanese Army of occupation may deem it necessary to give in the interest of the health, maintenance, safety, distribution or discipline of the Troops. All military offences committed within the occupied territory shall be subject to the jurisdiction of the Japanese Military Authorities. The foregoing Separate Articles shall have the same force, value and effect as if they had been, word for word, inserted in the Treaty of Peace signed this day. In witness whereof, the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms. Done at Shimonoseki, in duplicate, this 23rd day of the third month of the 21st year of Kuang Hsü, corresponding to the 17th day of the 4th month of the 28th year of Meiji. (April 17th, 1895.) (Signatures (4) and titles, same as in Treaty.) CONVENTION TO PROLONG ARMISTICE The undersigned (insert here names and titles of the 2 Chinese Plenipotentiaries, as in Preamble of Treaty) Plenipotentiaries of His Majesty the Emperor of China, and (insert here names and titles of 2 Japanese Plenipotentiaries as in preamble of Treaty) Plenipotentiaries of His Majesty the Emperor of Japan, having concluded a Treaty of Peace, have, in order to provide for the peaceful exchange of the ratifications of said Treaty, agreed upon and signed the following Articles: I. Armistice.-The Convention of Armistice concluded on the 5th day of the 3rd month of the 21st year of Kwang Hsü, corresponding to the 30th day of the 3d month of the 28 year of Meiji,1 is prolonged for the period of 21 days from this date. II. The armistice, which is prolonged by this Convention, shall terminate, without notice on either side, at midnight on the 14th day of the 4th month of the 21st year of Kwang Hsü, corresponding to the 8th day of the 5th month of the 28th year of Meiji. The rejection in the meantime, however, of the said Treaty of Peace, by either High Contracting Party, shall have the effect of at once terminating this Armistice without previous notice. In witness whereof the Plenipotentiaries of China and Japan have hereunto set their hands and affixed their seal. Done at Shimonoseki, this 23rd day of the 3rd month of the 21st year of Kuang Hsü, corresponding to the 17th day of the 4th month of the 28th year of Meiji. (April 17th, 1895.) (Signatures (4) and titles, same as in Treaty.) Note 1 In connection with this treaty, see the convention for the retrocession of the southern portion of Fengtien, November 8, 1895 (No. 2, post). The following is a translation of the Japanese declaration of war against China, dated August 1, 1894: Imperial Rescript.—August 1, 1894 We, by the Grace of Heaven, Emperor of Japan, seated on a Throne occupied by the same dynasty from time immemorial, do hereby make proclamation to all our loyal and brave subjects as follows: We hereby declare war against China and We command each and all of Our competent authorities, in obedience to Our wish and with a view to the attainment of the national aim, to carry on hostilities by sea and by land against China, with all the means at their disposal consistently with the Law of Nations. During the past three decades of Our reign, our constant aim has been to further the peaceful progress of the country in civilization; and being sensible of the evils inseparable from complications with foreign States, it has always been our pleasure to instruct our Ministers of State to labor for the promotion of friendly relations with our Treaty Powers. We are gratified to know that the relations of Our Empire with those Powers have yearly increased in good will and in friendship. Under the circumstances we were unprepared for such a conspicuous want of amity and of good faith as has been manifested by China in her conduct towards this country in connection with the Korean affair. Korea is an independent State. She was first introduced into the family of nations by the advice and under the guidance of Japan. It has, however, been China's habit to designate Korea as her dependency, and openly and secretly to interfere with her domestic affairs. At the time of the recent civil insurrection in Korea, China dispatched troops thither, alleging that her purpose was to afford succour to her dependent State. We, in virtue of the treaty concluded with Korea in 1882, and looking to possible emergencies, caused a military force to be sent to that country. Wishing to procure for Korea freedom from the calamity of perpetual disturbance, and thereby to maintain the peace of the East in general, Japan invited China's 1 See Note 1 to this document, on this page. co-operation for the accomplishment of that object. But China, advancing various pretexts, declined Japan's proposal. Thereupon, Japan advised Korea to reform her administration so that order and tranquillity might be preserved at home, and so that the country might be able to discharge the responsibilities and duties of an independent State abroad. Korea has already consented to undertake the task. But China has secretly and insidiously endeavored to circumvent and to thwart Japan's purpose. She has, further procrastinated, and endeavored to make warlike preparations both on land and at sea. When those preparations were completed, she not only sent large reenforcements to Korea, with a view to the forcible attainment of her ambitious designs, even carried her arbitrariness to the extent of opening fire upon Our ships in Korean waters. China's plain object is to make it uncertain where the responsibility resides of preserving peace and order in Korea, and not only to weaken the position of that State in the family of nations-a position obtained for Korea through Japan's efforts-but also to obscure the significance of the treaties recognizing and confirming that position. Such conduct on the part of China is not only a direct injury to the rights and interests of this Empire; but also a menace to the permanent peace and tranquility of the Orient. Judging from her actions, it must be concluded that China, from the beginning, has been bent upon sacrificing peace to the attainment of her sinister object. In this situation, ardent as Our wish is to promote the prestige of the country abroad by strictly peaceful methods, we find it impossible to avoid a formal declaration of war against China. It is Our earnest wish that, by the loyalty and valor of our faithful subjects, peace may soon be permanently restored and the glory of the Empire be augmented and completed. Given this 1st day of the eighth month of the 27th year of the Meiji. (Sign Manual.) (Countersignatures of Minister President of State and other Ministers.) See also the treaty of alliance between Japan and Korea, signed at Seoul, August 26, 1894, of which the following translation is printed in ROCKHILL, p. 429: Treaty of Alliance between Korea and Japan.-August 26, 1894 "In view of the fact that on the 25th of July, 1894, the Korean Government entrusted His Imperial Majesty's Envoy Extraordinary and Minister Plenipotentiary at Soul, Korea, with the expulsion, on their behalf, of Chinese soldiers from Korean territory, the Governments of Japan and Korea have been placed in a situation to give mutual assistance both offensive and defensive. Consequently the undersigned Plenipotentiaries, duly authorized by their respective Governments, have, with a view of defining the fact and of securing in the premises concerted action on the part of the two countries, agreed to the following Articles: "ARTICLE I. The object of the alliance is to maintain the independence of Korea on a firm footing and to promote the respective interests of both Japan and Korea by expelling Chinese soldiers from Korean territory. "ART. II. Japan will undertake all warlike operations against China, both offensive and defensive, while Korea will undertake to give every possible facility to Japanese soldiers regarding their movements and supply of provisions. "ART. III. This treaty shall cease and determine at the conclusion of a treaty of peace with China. "In witness whereof the Plenipotentiaries of the two countries have signed the treaty and hereunto affixed their seals. "Done at Söul this 26th day of August, 1894. "KEISUKE OTORI, “H. I. J. M.'s Envoy Extraordinary and Minister Plenipotentiary. "KIM IN SHIOUKU, “H. K. M.'s Minister for Foreign Affairs." Note 2 The English version of this armistice, signed at Shimonoseki, March 30, 1895, is given as follows in CUSTOMS, vol. II, p. 599: Convention of Armistice between Japan and China.—March 30, 1895 "His Majesty the Emperor of Japan having, in view of the untoward event which temporarily interrupted the depending negotiations for peace, commanded His Plenipotentiaries to consent to a temporary Armistice, the undersigned, Count ITO HIROBUMI, Junii, Grand Cross of the Imperial Order of Paulownia, Minister President of State, and Viscount MUTSU MUNEMITSU, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs, the Plenipotentiaries of His Majesty the Emperor of Japan; and LI HUNG-CHANG, Plenipotentiary of His Majesty the Emperor of China, Senior Tutor to the Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the province of Chihli, and Earl of the First Rank, have concluded the following Convention of Armistice: "ARTICLE I. The Imperial Governments of Japan and China agree to enforce an Armistice between their respective military and naval forces, in the provinces of Fengtien, Chihli, and Shantung, subject to the provisions contained in the following Articles. "ART. II. The forces affected by this Armistice shall have the right to maintain the positions respectively occupied by them at the time hostilities are actually suspended, but they shall not under any circumstances during the existence of this Armistice advance beyond such positions. "ART. III. The two Governments engage during the existence of this Convention not to extend, perfect, or advance their attacking works, or to reinforce or in anywise to strengthen, either for offensive or defensive operations, their confronting military lines. But this engagement shall not prevent either Government from making any new distribution or arrangement of troops not intended to augment or strengthen the armies now actually in the field and engaged in active military operations. "ART. IV. The movement of troops and the transportation of military supplies and all other contraband of war by sea shall be subject to the ordinary rules of war, and shall consequently be liable to hostile capture. "ART. V. This Armistice shall be enforced by the Imperial Governments of Japan and China for the period of 21 days from the date of the signature of this Convention. "In those localities occupied by the troops of the two Governments to which there is no telegraphic communication, the quickest possible means shall be employed in issuing the orders for the Armistice, and the respective Commanders of the two countries shall, upon receipt of such orders, announce the fact to each other and take steps to enforce the Armistice. "ART. VI. This Armistic shall terminate, without notice on either side, at midday on the 20th day of the 4th month of the 28th year of MEIJI, corresponding to the 26th day of the 3rd month of the 21st year of KUANG Hsü. If in the meantime the depending negotiations for peace are broken off, this Armistice shall in that case terminate at the same time such negotiations cease. "In witness whereof the Plenipotentiaries of Japan and China have hereunto set their hands and affixed their seals. "Done at Shimonoseki, Japan. this 30th day of the 3rd month of the 28th year of MEIJI, Corresponding to the 5th day of the 3rd month of the 21st year of KUANG HSÜ. "COUNT HIROBUMI ITO, [L. S.] Junii, Grand Cross of the Imperial Order "VISCOUNT MUTSU MUNEMITSU, [L. S.] "LI HUNG-CHANG, [L. S.] Plenipotentiary of His Majesty the Emperor of China, Senior Tutor to the Heir Apparent. Senior Grand Secretary of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the province of Chihli, and Earl of the First Rank." |