CORNELL UNIVERSITY LIBRARY THE CHARLES WILLIAM WASON COLLECTION ON CHINA AND THE CHINESE 'M Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924023464286 TREATIES AND CONyENTIONS WITH OR CONCERNING CHINA AND KOREA, 1894-1904, TOGETHER WITH VARIOUS STATE PAPERS AND DOCUMENTS AFFECTING FOREIGN INTERESTS. EDITED BY WILLIAM WOODVILLE EOOKHILL, Former Assistant Secretary of State of the United States, and ( 'omiiiixHlmier of the United States^o China, 1900-1901. WASHINGTOIT: GOVERNMENT PRINTING OFFICE. , \J ^' '^ / 1904. ,^' < INTRODUCTORY NOTE. The present compilation is primarily intended as a continuation of Sir Edward Hertslet's "Treaties, etc., between , Great Britain and China; and between China and Foreign Powers," which was published in London in 1896 (2 vols., 8°). In view of the great importance of the industrial and commercial concessions made within the last ten years by China, not only to vai'ious Powers, but to divers foreign or mixed companies or corpora- tions, and individuals, it has been thought advisable to include in the present volume the text of the most important of these documents, arranged in chronological order. Part II of the work contains (1) the treaties, conventions, agree- ments, etc., made with or concerning Korea, and (2) the concessions or contracts for the building of railways, development of mines, etc. , in the same country during the period covered in the first part of the work. The sketch maps showing the boundaries of the territory leased by France at Kuang-chou Wan and that leased by Great Britain at Kow- loon, are official; but it has been impossible to obtain the ofiicial Russian map giving the boundaries of the territory leased in the Liao- tung Peninsula from China in 1898, and of the Neutral Zone north of the same. The map given is a reproduction from the large map of North Eastern China, prepared by Mr. C. H. Waeber, formerly Rus- sian minister to Korea, and is probably correct. The map giving the boundaries of the territory leased by Germany at and around- Kiao-chou, and by Great Britain at Wei-hai Wei, are also taken from Waeber's map. The official map of Wei-hai Wei, published in 1899 by the Intelligence Bureau of the British War Office, does not show the boundary of the territory leased, and those acces- sible, published by the German Government, do not show the boundary of the 50-kilometer zone around the Bay of Kiao-chou. The general direction of the lines of railroad in construction, or for which concessions have been granted, may be seen by those interested in the subject on the "Commercial Map of China and Its Dependen- cies, showing the Areas Owned oi Leased by Foreign Powers," issued in London in 1904 by the China League. For the northern railroads and their connections, the reader may consult also Stanford's "Map of the Siberian Railway," issued in London in 1904. In translated docimients the transcription of Chinese words has been altered to comply, in a general way, with the method in use in English. The only public documents of any importance which have been omitted from the present compilation, exclusive of Postal Conven- n INTEODUCTOEY NOTE. tions, as not relating to questions of such general interest as would justify their inclusion in the present volume, are the following: (1) Convention between the Imperial Chinese Telegraph Adminis- tration; the Great Northern Telegraph Company, of Copenhagen; and Eastern Extension, Australasia and Chinese Telegraph Company. Signed at Shanghai, July 11, 1896. {British cmd Foreign State Papers, LXXXVIIl, 573.) (2) Land Regulations of the British Concession, Hankow, 1874, 1893. Amendment approved, March 17, 1896. {British and Foreign State Papm-s, LXXXVIIl, 203.) (3) Additional Land Regulations for the General Foreign Settle- ment at Shanghai, June 3, 1899. (See United States Consul- General, Shanghai, to Dept. of State, No. 204, of June 21, 1899.) (4) British Order in Council, providing for the government of the territories adjacent to Hongkong leased under the Convention of June 9, 1898. Balmoral, October 20, 1898. {British and Foreign State Papers, CXI, 1037.) (5) Regulations for the Foreign Settlements at Chinnampo and Mokpo. Seoul, October 16, 1897. {British and Foreign State Papers, CXI, 1177; and Foreign Relations of United States, 1898, 478.) (6) Regulations for the Foreign Settlements at Kunsan, Masampo, and Songchin, Korea. Seoul, June 2, 1899. {British and Foreign State Papers, CXI, 1190.) (7) Land Regulations of the British Concession, Chinkiang. 1872- 1894. {British and Foreign State Papers, LXXXVI, 153.) (8) Land Regulations of the British Municipal Extension, Tientsin, 1898. Approved by the Secretary of State, March 31, 1899. {British and Foreign State Papers. XC. 1004-1021.) (9) Land Regulations and By-Laws of the Settlement of Kulangsu, Amoy. Signed January 10, 1902. Approved by the foreign repre- sentatives at Peking and by the Chinese Government. (See U. S. Consul, Amoy, to Dept. of State, No. 8, Feb. 4, 1902.) Since the publication of Sir Edward Hertslet's collection, two works, in the nature of documentary histories of China's recent relations with foreign powers have been published, and may be consulted with profit, although some of the translations in the first work appear faulty: William Frederic Mayers — Treaties between the Empire of China and Foreign Powers, together with Regulations for the conduct of foreign trade, conventions, agreements, regulations, etc., etc., etc. The Peace Protocol of 1901 and the Commercial Treaty of 1902. First edition, 1877, edited by William Frederick Mayers. Fourth and further enlarged edition issued by publishers, 1902. Shanghai, 1902. 1 vol. 8°. Hepry Cordier. Histoire des Relations de la Chine avec les Puis- sances Occidentales, 1860-1902. Paris, 1901-1902. 3 vols. 8°. TABLE OF CONTENTS. China I. — Treaties, Conventions, Agreements, Protocols. No. 1 Country. Date. Subject. Page. 10 Great Britain. . , Japan France Japan Great Britain- France. Japan Great Britain. Germany Russia , do France Great Britain... do Great Britain- Germany. Germany and other powers. Great Britain- Japan. Kussia Great Britain. Japan United States. London, Mar. 1, 1894 . Shimonoseki, Apr. 17, 1895. Peking, June 20, 1895 Peking, Nov. 8, 1895 . London, Jan. 15, 1896 Peking, July 21, 1896. Peking, Feb. 4, 1897.. Peking, Mar. 6, 1898 . Peking, Mar. 27, 1898 St. Petersburg, May 7, 1898. Peking, May 27, 1898., Peking, June 9, 1898 . , Peking, July 1,1898... London, Oct. 16, 1900 . Peking, Sept. 7, 1901.. London, Jan. 30, 1902,. Mar. 26, I''^'''"^' AFX^*'°^■■ Shanghai,Sept.5,1902 Shangliai, Oct. 8, 1903 . Shanghai, Oct. 8, 1903 . Convention between Great Britain and China giving effect to Article III of the Convention of the 24th July, 1886, relative to Burmah and Thibet. Treaty of Peace between China and Japan Additional Convention to the Supplementary Commercial Convention of June 26, 1887, be- tween France and China. Convention between Japan and China for the Eetroceasion by Japan to China of the southern portion of the Province of Fen^ Tien. Declaration between Great Britain and France, with regard to the Kingdom of Slam and other matters (Advantages in Yflnnan and Szechuen; Territories to the West of the Lower Niger; Commercial Arrangements in Tunis.) Treaty of Commerce and Navigation between Japan and China. Agreement between Great Britain and China, modifying the Convention of March 1, 1894, relative to Burmah and Thibet. Convention between the German Empire and China respecting the lease of Kiaochou. Convention between Russia and China for lease to Russia of Port Arthur, Talienwan and the adjacent waters. Additional agreement defining boundaries of leased and neutralized territory in Liao-tung Peninsula. Convention concerning Kuang-Chou Wan Convention between the United Kingdom and China respecting an Extension of Hong Kong Territory. Convention between Great Britain and China for the lease of Wei-hai Wei. Agreement between Great Britain and Ger- many defining their mutual policy in China. Negotiations for settlement of the disturbances of 1900. Agreement between the United Kingdom and Japan relative to China and Korea. Agreement between Russia and China with re- gard to Manchuria. Treaty between Great Britain and China Supplementary Treaty of Commerce and Naviga- tion between Japan and China. Treaty between the United State-s and China for the Extension of the Commercial Relations be- tween them. 14- 21 26 28 40 45 50 I 53 L- — 55 68 60 62 63 97 i02 121 136 Chinjv II. — Declarations, Arrangements. France Great Britain do France Great Britain. Peking, Mar. 15, 1897 Peking, Feb. 11, 1898. Peking, Feb. 13, 1898. Peking, Apr. 10, 1898. Apr.19,1898 Declaration concerning the non-alienation of the Island of Hainan. Declaration concerning the non-alienation of the Yang-Tsze Region. Declaration by China that Inspector-General of Maritime Customs shall be a British subject while British trade preponderates. Declaration concerning non-alienation of Chi- nese territory bordering on Tong-king. Declaration by Great Britain respecting Wei-hai Wei. Ill 174 176 178 180 IV TABLE OF CONTENTS. China II. — Declarations, Arrangements — Continued. No. Country. Date. Subject. Page. 26 Japan Apr. 26, 1898 Declaration concerning the non-alienation of 181 the Province of Fu-kien. .27 Great Britain- St. Petersburg, Apr. Identic notes exchanged between the United 1 m Russia. 28, 1899. Kingdom and Russia with regard to their re- spective railway interests in China. 28 United States... Sept. 6, 1899, to Feb. 19,1900. Declarations made to the United States by France, Germany, Great Britain, Italy, Japan, and Russia, accepting the commercial policy 185 of the "open door." / 29 Kussia Port Arthur, Jan. 30, 1901. Arrangement between Tseng Chi, Tartar Gen- eral of Mukden, and Admiral AlexeiefE, com- i 201 \ mander In Chief of Kuan-tung Peninsula and ^ of the Russian Naval and Military forces in v the Pacific. 30 France-Russia . . St. Petersburg, Mar. re, 1902. The Franco-Russian Declaration concerning policy in China and Korea. 203 China III. — Mining and Railway Concessions, etc., and Miscellaneous Documents. 31 Dec 10 1896 Charter of the Russo-Chinese Bank 207 t''^- f • 1090 Agreement between Chinese Government and the Russo-Chinese Bank for the Eastern Rail- way. Statutes of the Chinese Eastern Railway Company Peking-Hankow Railway contracts 215 225 33 34 do Belgium China Sept. 8, •^"'"' Tiff *' 1896 "^"^ 16, May 27, 1897; July 21, 1897. Apr. 2, 1898 36 Imperial edict establishing bureau of control of railways and mines. Exchange of notes conceding right to build rail- way from Tongking to Yunnan. Leasing Kwang-chow-wan. French on Chinese post- oiBce staff. Canton-Hankow Railroad contracts ■. 249 36 Apr. 9, 1898 250 37 United States... France Apr. 14, 1898: Julv 13, 1900. May 2, 1898 252 38 Concession for railway from Pakhoi to the West River. 280 ,19 Great Britain... do May 13, 1898; July 9, May 21, 1898 281 40 Peking Syndicate agreement 305 41 Russia 1898-1903 Preliminary agreement and contracts concern- ing the Cheng-ting-Tai Yuan (Cheng-Tai) Rail- way. 309 42 Great Britain... do June 7,1898 43 June 21, 1898 Regulations for mining in Honan 320 44 China Aug., 1898 Yangtsze navigation regulations 324 45 Great Britain... do Oct. 10, 1898 Concession of Nan P'iao coal mines 328 46 ....do Shanhaikuan-Newchwang Railway loan agree- ment. Regulations for foreign loans for mining and railway purposes. Regulations for mines and railways 47 China Oct. 26,1898 48 do Nov.19,1898 340 345 49 Great Britain- United States. Feb. 1,1899 Agreement between theBritish and Chinese Cor- poration (Limited) and American-China De- velopment Company. Regulations for the working of mines in Ssfl- cn'uan. Tientsin-Chinkiang Railroad agreement sn Apr. 14, 1899 348 ,'il Great Britain- Germany. Germany Russia May 24, 1899 355 .W Junel, 1899 Concession for Tsing-tao-Tsinan Fu Railway Imperial order concerning Dalny 363 370 372 53 July 30, 1899 54 China .....do. Additional regulations for mines and mining . '. '. Chinese Engineering and Mining Company 3-5 380 55 Great Britain. . . China Dec. 20, 1900 56 Apr., 1902 57 do Dec, 1903 Revised regulations for railway construction . . ! ! Kaifeng Fu to Honan Fu Railway loan agree- ment. Memorandum on French Railway and mining concessions. 389 68 Belgium (?) 1904 m Oct., 1901 402 60 do 1903 ,407 416 418 61 China June 12, 1891 Decree for prevention of anti-Christian riots Repeal of anti-Christian clauses in Chinese code. Decree for prevention of anti-Christian riots. .... Memorial on official intercourse with Roman Catholic missionaries. 62 do Aug. 18, 1895 63 do Jan. 17, 1898 424 64 do Mar. 15, 1899 TABLE OP CONTENTS. Part II. KoKKA I. — Treaties; Protocols; Memoranda. No. Country. Date. Subject. V Page. 6.S Japan Aug. 26, 1894 Treaty of alliance . . . 429 fiR Japan-Russia . . . May 14, 1896 Memorandum concerning Japanese and Russian interests in Korea. Arrangement relative to affairs in Korea Agreement concerning independence of Korea and mutual rigbts. Treaty between China and Korea 430 67 do June 9, 1896 432 fiS do Apr. 25,1898 433 fi9 China Sept. 11,1899 434 70 Japan Feb. 23,1904 441 Korea II. — Contracts; Concessions, etc. 71 United States.. . Great Britain... United States... Japan July 2, 1895. Decree concerning development of mines Contract with Burn-Murdock and J. A. Hay re- garding mines. Seoul-Chemulpo Railway concession 445 72 Sept. 27, 1898 447 Ti Mar. 29, 1898 .... 450 74 Sept. 8, 1898 Seoul-Fusan Railway agreement 454 7ft Mar. 29, 1899 457 China, theCongo Free State. China-Mexico . . July 10, 1898. Dec. 14, 1899. Treaty conferring mutual most-favored-nation treatment. Treaty of amity and commerce 467 468 MAPS (1) Territory leased at Wei-hai Wei and Kiao-chou by Great Britain and Germany. (2) Territory leased by Russia in the Liao-tung Peninsula, including Neutral Zone. (3) Kuang-chiou Wan and adjacent territory. (4) Extension of Hong Kong territory around Kowloon. (5) Boundaries of the legation quarter at Peking. 27938—04 1 ^ Part I. CHII^^. I. TREATIES, CONVENTION'S, AGREEMENTS, PROTOCOLS. AERANGBD CHROIfOLOGICALLX. Ko. 1. GREAT BEITAIN. CONVENTION BETWEEN GREAT BRITAIN AND CHINA, GIVING EFFECT TO ARTICLE III OF THE CONVENTION OF THE 24TH JULY 1886 RELATIVE TO BURMAH AND THIBET. « Signed at London, March 1, 1894.6 Ratifications Exchanged at London, August 23, 1894. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of China, being sincerely desirous of consolidating the relations of friendship and good neighborhood which happily exist between the two Empires, have resolved to conclude a Convention with the view of giving effect to Article IH of the Convention relative to Burmah and Thibet, signed at Peking on the 24th July, 1886, and have appointed as their Pleni- potentiaries for this purpose, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Right Honourable the Earl of Rose- bery, Knight of the Most Noble Order of the Garter, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs; And His Majesty the Emperor of China, Sieh Ta-Jgn, Envoy Ex- traordinary and Minister Plenipotentiary of China at the Court of St. James', and Vice-President of the Imperial Board of Censors; Who, having mutually communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following Articles: — Art. I. It is agreed that the frontier between the two Empires, Delimitation of ^^^^ latitude 25° 35' north, shall run as follows: frontier, first sec- Commencing at the high conical peak situated *^°^- approximately in that latitude and in longitude 98° 14' east of Greenwich and 18° 16' west of Peking, the line will follow, as far as possible, the crest of the hills running in a south-westerly direc- tion through Kaolang Pum and the Warong Peak, and thence run nearly midway between the villages of Wanchon and Kaolang — leaving the former to Burmah and the latter to China — on to Sabu Pum. aBritish and Foreign State Papers, Vol. LXXXVII, 1894-1895; pp. 1311-1319. 6 This convention was amended by the agreement of February 4, 1897. See infra, p. 40. 6 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. From Sabu Pum the frontier will run in a line slightly to the south of west through, Shatrung Pum to Namienku Pum; thence it will be continued, still running in a south-westerly direction along the crest of the hills, until it strikes the Tazar Kha Kiver, the course of which it will follow from its source to its confluence with the Nam Tabet or Tabak Kha, thus leaving Uka to the east and Laipong to the west. From the confluence of the Tazar Kha River with the Tabak Kha, the frontier will ascend the latter river to its junction with the Lekra Kha, which it will follow to its source near Nkrang. From the source of the Lekra Kha, leaving Nkrang, Kukum, and Singra to the west, and Sima and Mali to the east, the line will follow the Lesa Kha from its western source to its junction with the Mali River, and thence will ascend the Mali to its source near Upunra Shikong: thence it will run in a south-westerly direction along the Laisa Kha from its source down to the point where it falls into the M0I6 River near Kadon, leaving the village of Kadon to the west and that of Laisa to the east. The line .will then follow the course of the Mole in a southeasterly direction to the place where it receives the Che Yang Kha, which latter river it will follow to its source in the Alau Pum. It will then be directed along the Nampaung River from its western source down to where it enters the Taping River. This concludes the description of the first section of the frontier. II. The second section of the frontier, or that portion of it which ^ ,. . . , extends from the Taping River to the neighbourhood Delimitation of „ ,^ ,^ .,i ,. n frontier, second of Meung Mao, Will run as follows: '®''*""' Starting from the junction of the Khalong Kha with the Taping River, the frontier will follow the Khalong Kha and its western branch to its source; it will be drawn thence southward to meet the Sipaho or Lower Nanthabet at a spot immediately to the south-west of Hanton, leaving Matin to Great Britain, and Loilong-ga- tong, Tieh-pi-Kwan, and Hanton to China; thence it will ascend the branch of the last-named river which has its source nearest to that of the Mantein Kha. It will thence follow the crests of the line of hills running in a south-easterly direction to the more southerly of. the two places named Kadaw, which is close to the Namwan River, leaving Kadaw to China and Palen to Great Britain. It will follow the Namwan River in a south-westerly direction down to the point in about latitude 23° 55', where that river takes a south-easterly course. Thence it will run in a direction somewhat west of south to the Nammak River, leaving Namkhai to Great Britain. It will follow the Nammak River to the point where it bifurcates in about latitude 23" 47', and will then ascend the southern branch till it reaches the crest of a high range of hills to the south of Mawsiu, in about latitude 23° 45'. It will follow the crest of this range (which runs slightly to the north of east) until it reaches the Shweli River at its junction with TREATIES AND CONVEISTTIONS "WITH CHUiTA AND KOREA. 7 the Nammak, thus leaving to China the district of Mawsiu, the spot recently identified as Tien-ma-Kwan, and the villages of Hinglon and Kongmow, lying to the north of the above-mentioned range. It will then follow the course of the Shweli River, and where the river bifurcates, it will follow the more southerly of the two branches, leaving to China the island formed by them, until it reaches a point near the eastern end of the loop which the river forms opposite to Meung Mao, as indicated in the next Article of the Convention. The Government of China consent that the most direct* of the roads d b - ^^^^6^^^ Bhamo and Namkhan, where it passes through tweenBurmah and the small portion of Chinese teri-itory south of Nam- ^^^^- wan, shall, while remaining entirely open to Chinese subjects and to the tribesmen subject to China, be free and open to Great Britain for travellers, commerce, and administrative pur- poses, without any restrictions whatever. Her Britannic Majesty's Government shall have the right, after communication with the Chinese authorities, to execute any works which may be desirable for the improvement or repair of the road, and to take any measures which may be required for the protection of the traffic and the pre- vention of smuggling. It is equally agreed that British troops shall be allowed to pass freely along this road., But no body of troops more than 200 in num- ber shall be despatched across it without the consent of the Chinese authorities, and previous notice in writing shall be given of every armed party of more than twenty men. HI. The third section of the frontier will run as follows: It will commence from a point on the Shweli River, frontier, third sec- near to the east end of the loop formed by that river tioi- opposite to Meung Mao; thence paying due regard to the natural features and the local conditions of the country, it will trend, in a south-easterly direction towards Ma-li-pa until it reaches, at a point in about longitude 98° 7' east of Greenwich (18° 23' west of Peking), and latitude 23° 52', a conspicuous mountain range. It will follow the crests of that range through Loiaipong and Loipanglom until it reaches the Salween River, in about latitude 23° 41'. This portion of the frontier from the Shweli to the Salween River shall be settled by the Boundary Commission provided for in Article VI of the present Convention, and in such manner as to give to China at least as much territory as would be included if the frontier were drawn in a straight line from Meung Mao towards Ma-li-pa. If it should be found that the most suitable frontier will give to China a larger amount of territory than is stated above, the compen- sation to be given to Great Britain on some other part of the frontier shall be matter for subsequent arrangement. From latitude 23° 41' the frontier will follow the Salween until it reaches the northern boundary of the circle of Kunlong. It will 8 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. follow that boundary in an easterly direction, leaving the whole circle of Kunlong, and the ferry of that name to Great Britain, and leaving to China the State of Kokang. It will then follow the course of the river forming the boundary between Somu, which belongs to Great Britain, and MSng Ting, which belongs to China. It will still continue to follow the frontier between those two districts, which is locally well known, to where it leaves the aforesaid river and ascends the hills; and will then follow the line of water-pafting between the tributaries of the Salween and the Meikong liivers, from about longitude 99° east of Greenwich (17° 30' west of Peking), and latitude 23° 20', to a point about longitude 99° 40' east of Greenwich (16° 50' west of Peking), and latitude 23°, leav- ing to China the Tsawbwaships of Keng Ma, Mengtung, and Mengko. At the last-named point of longitude and latitude the line strikes a very lofty mountain range, called Kong-Ming-Shan, which it will follow in a southerly direction to about longitude 99° 30' east of Greenwich (17° west of Peking), and latitude 22° 30', leaving to China the district of Chen-pien T'ing. Then, descending the western slope of the hills to the Namka Eiver, it will follow the course of that river for about 10' of latitude, leaving Munglem to China, and Mangliin to Great Britain. It will then follow the boundary between Munglem and Kyaing Tong, which is locally well-known, diverging from the Namka River a little to the north of latitude 22°, in a direction somewhat south of east, and generally following the crest of the hills till it strikes the Namlam River in about latitude 21° 45', and longitude 100° east of Greenwich (16° 30' west of Peking). It will then follow the boundarj'^ between Kyaing Tong ^d Kiang Hung which is generally formed by the Namlam Eiver, with the exception of a small strip of territory belonging to Baang Hung, which lies to the west of that river just south of the last named parallel of latitude. On reaching the boundary of Kyaing Chaing, in about latitude 21° 27', and longitude 100° 12' east of Greenwich (16° 18' west of Peking), it will follow the boundary between that district and Kiang Hung until it reaches the Meikong River. IV. It is agreed that the settlement and delimitation of that portion Portion of fron- °* *^® frontier which lies to the north of latitude tier to be settled 25° 35' north shall be reserved for a future under- uiterioriy. standing between the High Contracting Parties, when the features and conditions of the country are more accurately known. V. In addition to the territorial concessions in Northern Theinni, and the cession to China of the State of Kokang, which cesStfcMna." ^^sult from the frontier as above described, Her Britannic Majesty, in consideration of the abandon- ment of the claims advanced by China to the territory lying outside TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. 9 and abutting on the frontier of the Prefecture of Yung Chang and Sub-Prefecture of Teng Yueh, agrees to renounce in favour of His Majesty the Emperor of China, and of his heirs and successors for ever, all the suzerain rights in and over the States of Munglem and Kiang Hung formerly possessed by the Kings of Ava concurrently with the Emperors of China. These and all other rights in the said States, with the titles, prerogatives and privileges thereto pertaining. Her Majesty the Queen Empress renounces as aforesaid, with the sole proviso that His Majesty the Emperor of China shall not, without previously coming to an agreement with Her Britannic Majesty, cede either Munglem or Kiang Hung, or any portion thereof, to any other nation. VI. It is agreed that, in order to avoid any local contention, the alignments of the frontier described in the present Demarcation of ,-, ,. j , ,, t A j_ frontier. Convention, and shown on the maps annexed thereto, shall be verified and demarcated, and, in case of its being found defective at any point, rectified by a Joint Commission appointed by the High Contracting Parties; and that the said Commission shall meet, at a place hereafter to be determined on by the two Govern- ments, not later than twelve months after the exchange of the ratifica- tions of the present Convention; and shall terminate its labours in not more than three years from the date of its first meeting. It is understood that any alterations in the alignment which the Joint Commission may find it necessary to make shall be based on the principle of equivalent compensations, having regard not only to the extent, but also to the value, of the territory involved. Further, that should the members of the Commission be unable to agree on any point, the matter of disagreement shall at once be referred to their respective Governments. The Commission shall also endeavour to ascertain the situation of the former frontier-post of China named Kanlung Kwan. If this place can be identified, and is found to be situated in British Territory, the Btitish Government will consider whether it can, without inconven- ience, be ceded to China. If it shall be found to the south-east of Meung Mao so as to be on the northern side of the straight line drawn from that place towards Ma-li-pa, it will in that case already belong to China. VII. It is agreed that any posts belonging to either country which may be stationed within the territory of the other lowing demarca- when the Commission of Delimitation shall have tio"' brought its labours to a conclusion shall, within eight months from the date of such conclusion, be withdrawn, and their places occupied by the troops of the other, mutual notice having in the meantime been given of the precise date at which the withdrawal and occupation will take place. From the date of such occupation the 10 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. High Contracting Parties shall each within its own territories hold itself responsible for the maintenance of good order, and for the tranquillity of the tribes inhabiting them. The High Contracting Parties further engage neither to construct nor to maintain within 10 English miles from the near- TJnfortified strip. ^^^ ^^^^^ ^^ ^j^g common frontier, measured in a straight line and horizontal projection, any fortifications or permanent camps, beyond such posts as are necessary for preserving peace and good order in the frontier districts. Vni. Subject to the conditions mentioned hereafter in Articles X and XI, the British Government, wishing to encour- twlr CMna' and age and develop the land trade of China with Burmah Burmah. 3,3 umch as possible, consent, for a period of six years from the ratification of the present Convention, to allow Chinese pro- duce and manufactures, with the exception of salt, to enter Burmah by land duty free, and to allow British manufactures and Burmese produce, with the exception of rice, to be exported to China by land free of duty. The duties on, salt and rice so imported and exported Salt and rice sub- gjjg^j] jjq^ jjg higher than those imposed on their import ject to duties. , ° or export by sea. IX. Pending the negotiation of a more complete arrangement, and until the development of the trade shall justify the Trade route. establishment of other frontier Customs stations, goods imported from Burmah into China or exported from China into Bur- mah shall be permitted to cross the frontier by Manwyne and by Sansi. With a view to the development of trade between China and Bur-- mah, the Chinese Government consent that for six e uce tan . ygg^j-g from the ratification of the present Convention the duties levied on goods imported into China by these routes shall be those specified in the General TariflP of the Maritime Customs diminished by three-tenths, and that the duties on goods exported from China by the same route shall be those specified in the same Tariff diminished by four-tenths. Transit passes for imports and exports shall be passes, granted in accordance with the rules in force at the Treaty ports. Smuggling or the carrying of merchandize through Chinese terri- tory by other routes than those sanctioned by the mngg mg. present Convention, shall, if the Chinese authorities think fit, be punished by the confiscation of the merchandize concerned. X. The following articles, being munitions of war, shall neither be exported from Burmah into China, nor imported from Trade in muni- q]^^^^^ ^jj^q Burmah, save at the requisition of the tions of war. ,..,.. Government desiring their importation; neither shall lEEATIES AND CONVENTIONS "WITH CHINA AND KOBE A. 11 they be sold to parties other than those who have been duly authorized by their respective Governments to purchase them: Cannon, shot and shell, cartridges and ammunition of all kinds, fire- arms and weapons of war of every description. Saltpetre, sulphur, brimstone, gunpowder, dynamite, gun-cotton, or other explosives. XI. The exportation from Burmah into China of salt is prohibited. The exportation from China into Burmah of cash. Forbidden trade. . i i . « i • j ■ i_'T.-i. j rice, pulse and grains oi every kind is prohibited. The importation and exportation across the frontier of opium and spirituous liquors is prohibited, excepting in small quantities for the personal use of travellers. The amount to be permitted will be settled under Customs regulations. Infractions of the conditions set forth in this and the preceding Article will be punishable by confiscation of all the goods concerned. XII. The British Grovernment, wishing to promote frontier trade between the two countries by encouraging mining Encouragement enterprise in Yunnan and in the new territorial acquir of mining, ^ t i /^ sitions of China referred to in the present Convention, consent to allow Chinese vessels carrying merchandize, ores, and minerals of all kinds, and coming from or destined for China, freely to navigate the Irrawaddy on the same conditions as to dues and other matters as British vessels. XIII. It is agreed that His Majesty the Emperor of China may appoint a Consul in Burmah, to reside at Eangoon; Consular officers. ^^^ ^.j^^^ j^^^ Britannic Majesty may appoint a Consul to reside at Manwyne; and that the Consuls of the two Governments shall each within the territories of the other enjoy the same privileges and immunities as the Consuls of the most favoured nation. Further, that, in proportion as the commerce between Burmah and China increases, additional Consuls may be appointed by mutual agree- ment, to reside at such places in Burmah and Yunnan as the require- ments of the trade may seem to demand. The correspondence between the British and Chinese Consuls respectively, and the chief authority at the place where they reside, shall be conducted on terms of perfect equality. XIV. Passports, written in Chinese and English, and identical in terms to those issued to foreigners at the Treaty ports Passports. .^^ China, shall, on the application of the proper Brit- ish authorities, be issued to British merchants and others wishing to proceed to China from Burmah, by the Chinese Consul at Ean- goon or by the Chinese authorities on the frontier; and Chinese sub- jects wishing to proceed to Burmah from China shall, on the application of any recognized Chinese official, be entitled to receive similar pass- ports from .Her Britannic Majesty's Consul at Manwyne or other convenient places in China where there may be a British Consular officer- 12 TEBATIES AND CONVENTIONS WITH CHINA AND KOBE A. XV. Should criminals, subjects of either country, take refuge in the territory of the other, they shall, on due requisition Extradition of being made, be searched for, and, on reasonable pre- sumption of their guiJt being established, they shall be surrendered. to the authorities demanding their extradition. "Due requisition" shall be held to mean the demand of any func- tionary of either Government possessing a seal of office, and the demand may be addressed to the nearest frontier officer of the country in which the fugitive has taken refuge. XVI. With a view to improving the intercourse between the two countries, and placing the Chinese Consul at Eangoon Telegraph lines ^^ communication with the high provincial authorities in Yunnan, the High Contracting Parties undertake to connect the telegraphic systems of the two countries with each other as soon as the necessary arrangements can be made; the line will, however, at first only be used for the transmission of official tele- grams and of general messages for and from Burmah and the Province of Yunnan. XVII. It is agreed that subjects of the two Powers shall each within Favored -nation the territories of the other enjoy all the privileges, provision. immunities, and advantages that may have been, or may hereafter be accorded to the subjects of any other nation. XVIII. It is agreed that the commercial stipulations contained in the present Convention being of a special nature and convention re- the result of mutual concessions, consented to with a stricted to looaii- yjew to adapting- them to local conditions and the pecul- txes mentioned. i i. a c iar necessities of the Burmah-China overland trade, the advantages accruing from them shall not be invoked by the sub- jects of either Power residing at other places where the two Empires are conterminous, excepting where the same conditions prevail, and then only in return for similar concessions. XIX. The arrangements with regard to trade and commerce con- tained in the present Convention being of a provi- vention"''"^''""' ^^^^^^ ^^^ experimental character, it is agreed that should subsequent experience of their working, or a more intimate knowledge than is now possessed of the requirements of the trade, seem to require it, they may be revised at the demand of either party after a lapse of six years after the exchange of ratifi- cations of the present Convention, or sooner should the two Govern- ments desire it. XX. The ratification of the present Convention under the hand of . Her Britannic Majesty and of His Majesty the Emperor Batifieation. „ ^, . i n i i n . t i . . , or China shall be exchanged in London m six months from this day of signature, or sooner if possible. The Convention shall come into force immediately after the exchange of ratifications. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 13 In token whereof the respective Plenipotentiaries have signed this nvention in four copies, two in Chinese and two in English. Done at London, this 1st day of March, 1894, corresponding to the th day of the 1st moon of the 20th year of Kuang Hsii. [l. s.] Roseberry. [l. s.] Si;eh. declaration. On proceeding to the signature this day of the Convention between 'eat Britain and China, giving effect to Article III of the Convention [ative to Burmah and Thibet, signed at Peking on the 24th July 86:« The undersigned Plenipotentiaries declare that, inasmuch as the esent Convention has been concluded for the special purpose men- )ned in the preamble thereof, the stipulations contained therein are plicable only to those parts of the dominions of Her Britannic ajesty and of His Majesty the Emperor of China to which the said )nvention expressly relates, and are not to be construed as applicable sewhere. Done at London, the 1st day of March, 1894. [l. s.] Kosebekry. [l. S.] ■ SlEH. oHertslet, Vol. I, 87, No. 15. No. 2. JAPAN. TEEATY OF PEACE BETWEEN CHINA AND JAPAN." SIGNED AT SHIMONOSEKI, APRIL 17, 1895. RATIFICATIONS EXCHANGED AT CHErOO, MAY 8, 1895. His Majesty the Emperor of China and His Majesty the Emperor of Japan, desiring to restore the blessings of peace to their countries and subjects and to remove all cause for future complications, have named as their Plenipotentiaries for the purpose of concluding a Treaty of peace; that is to say, His Majesty the Emperor of China, Li Hung- chang, 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 Eank, and Li Ching-fong, Ex-Minister of the Diplomatic Service, of the Second Official Rank; And His Majesty the Emperor of Japan, Count Ito Hirobumi, Junii, Grand Cross of the Imperial Order of PauUownia, 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; Who, after having exchanged their full powers, which were found to be in good and proper form, have agreed to the following Articles: — Article I. China recognizes deiinitely the full and complete independence and autonomy of Corea, and in consequence the payment Independence of ^-f tribute and the performance of ceremonies and f or- malities by Corea to China, in derogation of such independence and autonomy, shall wholly cease for the future. Article II. China cedes to Japan in perpetuity and full sovereignty the follow- „ . , ^ ing territories, together with all fortifications, arsenals. Cession of part n , ,. , i '^ i of Feng Tien Prov- and public property thereon : "*^' (a) The southern portion of the province of FSng- tien, within the following boundaries: — The line of demarcation begins at the mouth of the River Yalu and «See History of the Peace negotiations, documentary and verbal, between China and Japan, March-April, 1896, pp. 26-29. 14 TREATIES AND CONVENTIONS "WITH CHINA AND KOREA. 15 ascends that stream to the mouth of the River An-ping; from thence the line runs to FSng-huang; from thence to Haicheng; from thence to Ying-kow, forming a line which describes the southern portion of the territory. The places above named are included in the ceded ter- ritory. When the line reaches the River Liao at Ying-kow, it follows the course of that stream to its mouth where it terminates. The mid- channel of the River Liao shall be taken as the line of demarcation. This cession also includes all islands appertaining or belonging to the province of FSng-tien, situated in the eastern portion of the Bay of Liao-tung and in the northern part of the Yellow Sea. (5) The island of Formosa, together with all islands appertaining or belonging to said island of Formosa. (c) The Pescadores Group, that is to say, all islands lying between the 119th and 120th degrees of longitude east of Greenwich and the 23rd and 24:th degrees of north latitude. ArTICI;E III. The alignments of the frontiers described in the preceding Article and shown on the annexed Map, shall be subject to the peiimitatioii of verification and demarcation on the spot, by a Joint ceded territory. ^ ^ Commission of Delimitation consisting of two or more Chinese and two or more Japanese Delegates to be appointed immedi- ately after the exchange of the ratifications of this Act. In case the boundaries laid down in this Act are found to be defective at any-point, either on account of topography or in consideration of good adminis- tration, it shall also be the duty of the Delimitation Commission to rectify the same. The Delimitation Commission will enter upon its duties as soon as possible and will bring its labors to a conclusion within the period of one year after appointment. The alignments laid down in this Act shall, however, be maintained until the rectifications of the Delimitation Commission, if any are made, shall have received the approval of the Governments of China and Japan. Article IV. China agrees to pay to Japan as a war indemnity the sum of 200,000,000 Kuping Taels. The said sum is to be paid in eight War indemnity installments. The first installment of 50,000,000 Taels to apan. ^^ ^^ ^^.^ within six months, and the second install- ment of 60,000,000 Taels to be paid within twelve months after the exchange of the ratifications of this Act. The remaining sum to be paid in six equal annual installments, as follows: The first of such equal annual installments to be paid within two years; the second within three years; the third within four years; the fourth within 16 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. five years; the fifth within six years, and the sixth within seven years, after the exchange of the ratifications of this Act. Interest at the rate of 5 per centum, per annum shall begin to run on all unpaid por- tions of the said indemnity from the date the first installment falls due. China shall, however, have the right to pay by anticipation at any time any or all of said installments. In case the whole amount of the said indemnity is paid within three years after the exchange of the ratifications of the present Act, all interest shall be waived and the interest for two years and a half or for any less period if then already paid, shall be included as a part of the principal amount of the indemnity. Article V. The inhabitants of the territory ceded to Japan, who wish to take up their residence outside the ceded districts, shall be Inhabitants of ^^ liberty to Sell their real property and retire, ceded territory. t^ , , . ■ ^ j- ^ c ^u For this purpose a period ot two years from the date of the exchange of the ratifications of the present Act, shall be granted. At the expiration of that period those of the inhabitants who shall not have left such territories shall at the option of Japan, be deemed to be Japanese subjects. Each of the two Governments shall immediately upon the exchange of the ratifications of the present Act, send one or more Commissioners to Formosa to effect a final transfer of that Province and within the spac^of two months after the exchange of the ratifications of this Act, such transfer shall be completed. Article VI. All treaties between China and Japan having come to an end in consequencfe of war, China engages immediately upon merce\nd naviga- the exchange of the ratifications of this Act, to appoint tion to be nego- Plenipotentiaries to conclude, with the Japanese Pleni- potentiaries, a Treaty of Commerce and Navigation and a Convention to regulate Frontier Intercourse and Trade. The Treaties, Conventions, and Regulations now subsisting between China and European Powers shdl serve as a basis for the said Treaty and Convention between China and Japan. From the date of the exchange of the ratifications of this Act until the said Treaty and Con- vention are brought into actual operation, the Japanese Government; its officials; commerce; navigation; frontier intercourse and trade; industries; ships, and subjects, shall, in every respect, be accorded by China most-favored-nation treatment. China makes in addition the following concessions, to take effect Opening of new ^^^ months after the date of the present Act: localities in China 1st. The following cities, towns, and ports, in addi- to trade. ^Jq^ ^q ^jj^gg already opened, shall be opened to the TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 17 trade, residence, industries, and manufactures of Japanese subjects, under the same conditions and with the same privileges and facilities as exist at the present open cities, towns, and ports of China. (1) Shashih, in the province of Hupeh. (2) Chungking, in the province of Szechuan. (3) Suchow, in the province of Kiangsu. (4) Hang-chow, in the province of Chekiang. The Japanese Government shall have the right to station Consuls at any or all of the above-named places. 2nd. Steam navigation for vessels under the Japanese flag for the Navigation on conveyance of passengers and cargo shall be extended Chinese inland to the following places: ''**^''^' (1) On the upper Yangtsze River, from I-chang to Chung-king. (2) On the Woo-sung River and the Canal,- from Shanghai to Su-chow and Hang-chow. The Rules and Regulations which now govern the navigation of the inland waters of China by foreign vessels shall, so far as applicable, be enforced in respect of the above-named routes until new Rules and Regulations are conjointly agreed to. 3rd. Japanese subjects purchasing goods or produce in the interior Renting ware- ^^ China or transporting imported merchandise into houses. the interior of China, shall have the right temporarily to rent or hire warehouses for the storage of the articles so purchased or transported, without the payment of any taxes or exactions whatever. 4th. Japanese subjects shall be free to engage in all kinds of manu- facturing industries inaJL-the open cities, towns, and Bight to manu.^ ■— ^ ^, „". j-Tnu i i-u i a • I • i. facture in open lo- ports of China, and shall be at liberty to import into calities. China all kinds of machinery paying only the stipu- lated duties thereon. All articles manufactured by Japanese subjects in China, shall in respect of inland transit and internal taxes, duties, charges and exac- tions of all kinds and also in respect of warehousing and storage facil-^ ities in the interior of China, stand upon the same footing and enjoy the same privileges and exemptions as merchandise imported by Jap- anese subjects into China. In the event additional Rules and Regulations are necessary in con- nection with these concessions, they shall be embodied in the Treaty of Commerce and Navigation provided for by this Article. Article VII." Subject to the provisions of the next succeeding Article, the evacua- Evacuation of tion of China by the armies of Japan, shall be com- China. pletely effected within three months after the exchange of the ratifications of the present Act. 27938—04 2 \/ 18 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Aeticlb VIII. As a guarantee of the faithful performance of the Temporary mill- ^ , ^ , tary occupation of stipulations' of this Act, China consents to the tempo- Wei-Hai-wei. Its pg^j.y occupation by the military forces of Japan, of Wei-hai-wei in the Province of Shantung. Upon the payment of the first two installments of the war indemnity herein stipulated for and the exchange of the ratifications of the Treaty of Commerce and Navigation, the said place shall be evacuated bj'- the Japanese ^'"'^""^ ^ j-^-^^yiflpr' ^i ni • Y:;.^y>^T-».r.»v^- consent to pledge, under suitable and sufficient arrangements, the Customs Eevenue of China as a security for the payment of the principal and interest of th« remaining installments of said indemnity. In the event no such V- arrangements are concluded, such evac uation shall -onJv— take place upon the payment of the final installmeinnof^said indemnity. 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. Immediately upon the exchange of the ratifications of this Act, all prisoners of war then held shall be restored and China Prisoners of war. j , , i i ■-,, , . , . undertakes not to lU-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, th ose Chinese subjects who have in anyjnanne^^^n-eompxamiaed in their relati onslglth tb£Iapa«^e army during_fli&-waTr~-v. Article X. Cessation of miii- All offensive military operations shall cease upon tary operations. ^^^ 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 Hsii, corresponding to the 8th day of the 6th month of the 28th year of Meiji. (May 8th, 1896.) 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 TEEATIES AND CONVENTIONS WITH CHINA AND KOREA. 19 the 21st year of Kwang Hsii, corresponding to the 17th day of the 4th month of the 28th year of Meiji. (April iTth, 1895.) Li Hung Chang, [l. s.] Plenipotentiary of His Majesty the Emperor of China, Senior Tutor of the Heir Apparent, Senior Grand Secre- tary of State, Minister Superintendent of Trade for the North Ports of China, Viceroy of the Province of Chihli, and Earl of the First Rank. Li Ching Fong. Plenipotentiary of His Majesty the Emperor of China, Ex-Minister of the Diplomatic Service, of the Second Official Rank. Count Ito Hikobumi. [l. s.] Junii, Grand Cross of the Imperial Order of PauUownia, Minister President of State, Plenipotentiary of His Majesty the Emperor of Japan. Viscount Mutsu Munemitsu. [l. s.] Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs, Plenipo- tentiary of His Majesty the Emperor of Japan. SEPARATE ARTICLES. Aeticle I. The Japanese military forces which are, under Article VIII of the Military force to ^^^^^^ °* ^^^^^ ^^^'^^^ ^^^^ ^^^^ *° temporarily occupy occupy Wei-hai- 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. Akticle II. The territory temporarily occupied at Wei-hai-wei shall comprise the island of Liu-kung and a belt of land 5 Japanese Ri pied at Wei-hai- wide along the entire coast line of the Bay of Wei- ^^^- hai-wei. No Chinese troops shall be permitted to approach or occupy any places within a zone of 6 Japanese Ri wide beyond the boundaries of the occupied territory. Article III. The civil administration of the occupied territory shall remain in the hands of the Chinese Authorities. But such Authori- tain civil admin- ties shall at all times be obliged to conform to the istration. orders which the Commander of the Japanese Army of 20 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 ^rms. Done a£ Shimonoseki, in duplicate, this 23rd day of the 3rd month of the 21st year of Kuang Hsii, corresponding to the 17th day of the 4th month of the 28th year of Miji. (April 17th, 1895.) (Signatures (4) and titles, same as in Treaty.) CONVENTION TO PEOLONG 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 Treatj^) Plenipotentiaries of His Majesty the Emperor of Japan, having concluded a Treaty of Peace, have, in order to provide J^or the peaceful exchange of the rati- fications of said Treaty, agreed upon and signed the following Articles: I. The Convention of Armistice concluded on the 5th day of the 3rd month of the 21st year of Kwang Hsii, corresponding rmis ice. ^^ ^j^^ .^^^j^ ^^^ ^^ ^^^ ^^ month of the 28th year of Meiji, is prolonged for the period of 21 days from this date. H. The armistice, which is prolonged by this Convention, shall termi- nate, without notice on either side, at midnight on the lith day of the 4:th month of the 21st year of Kwang Hsu, 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 Con- tracting Party, shall have the effect of at once terminatipg this Armis- tice 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 Kiiang Hsu, 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.) No. 3. ADDITIONAL CONVENTION TO THE SUPPLEMENTARY COMMERCIAL CONVENTION OF JUNE 26, 1887, BETWEEN FRANCE AND CHINA." Signed at Peking, 20th June, 1895. [Transilation.] The President of the French Republic and His Majesty the Emperor of China, being desirous of encouraging and extending along the Sino- Annamite frontier, henceforth defined as far as the Mekong,* the extension of commercial relations between the two countries and of insuring the execution of the treaty of commerce signed at Tientsin, April 25, 1886, as well as of the Supplementary Convention, signed at Peking, June 26, 1887, have decided to conclude an Additional Conven- tion, containing several new provisions and modifying certain of the provisions included in the previous documents. For this purpose the two High Contracting Parties have named as their respective Plenipotentiaries, to wit: The President of the French Republic, M. Auguste Gerard, Minister Plenipotentiary, Envoy Extraordinary of the French Republic in China, Officer of the Legion of Honor, etc., etc., and His Majesty the Emperor of China, His Highness Prince K'ing, Prince of the first rank, President of the Tsung-li Yamen, etc. , etc. , and His Excellency Hsu Yung-i, member of the Tsung-li Yamen and of the Grand Council of the Empire, etc., etc.. Who having communicated their full powers, which have been recognized as in good and due form, have agreed on the following articles: Article I. It is agreed, so as to insure the policing of the frontier, that the French Government will have the right of maintain- Consular agent j^jg J^^J agent of the Consular order at Tong-hing" ong- ing. opposite Monkay on the frontier of Kwang-tung. a Documents Diplomaiiques, Chine, 1894-1898. p. 16-19. See also British and Foreign State Papers, Vol. LXXXVII, pp. 525-528. 6 This was done by the Complementary Convention of June 20, 1895, to the Con- vention for the Boundary Delimitation between Tongking and China, signed June 26, 1887. See Documents Diplomaiiques, Chine, 1894-1898, pp. 14-16. It is not given in the present collection. 21 22 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. A further regulation will determine the conditions under which should be exercised, by agreement between the French and Chinese authori- ties, the mutual police of the Sino-Annamite frontier. Art. U. Article II of the Additional Convention, signed at Peking, June 26th, 1887, is modified and completed as follows: MS^g-tsf, and hV I* is agreed between the High Contracting Parties k'ou opened to that the town of Lung-chou in Kwang-si and that of ^^'^^' Mgng-tse in Yiin-nan are open to Franco-Annamite commerce. It is furthermore understood that the locality open to commerce on the river route of Lao-kay to M^ng-tse will no longer be Man-hao, but Ho-k'ou, and that the French Government shall have the right of maintaining at Ho-k'ou an Agent under the Consul at Meng-tse, at the same time the Chinese Government will keep a CuS' toms agent there. . Art. III. It is agreed that the town of Ssu-mao in Yiin-nan, shall ' be open to Franco-Annamite commerce, like Lung- Ssu-mao opened ^^^^ ^^^ MSns'-tse, and that the French Government to tr&Q6 will have the right, as in the other open ports, of maintaining a Consul there, at the same time the Chinese Government can keep a Customs agent. The local authorities will exert themselves to facilitate the installa- tion of the French Consul in a suitable residence. Frenchmen and French proteges may establish themselves at Ssu- mao under conditions provided for by Articles VII, X, XI, XII, and others of the Treaty of June 27, 1858; as well as by Article III of the Convention of April 25, 1886. Goods destined for China can be trans- ported by the rivers, particularly the Lo-so and the Mekong as well as by land routes, and particularly by the official road, leading either from Mong-le, or from I-pang to Ssu-mao and P'u-erh, the duties which these goods will be subject to being paid at Ssu-mao. Art. IV. Article IX of the Commercial Convention of April 25, 1886, is modified as follows: — acroM"°ciiin^e°s°e- (1) Chinese goods in transit from one or the other Annam frontier. of the four towns open to Commerce on the frontier, egu a ions. Lung-chou, MSng-tse, Ssu-mao and Ho-k'ou, in pass- ing through Annam, will pay, on leaving, duties reduced by four- tenths. A special certificate will be delivered setting forth the pay- .ment of this duty, and destined to accompany the goods. When they have come to the other town, they shall be exempt from the payment of import duty. (2) Chinese goods exported from the four above-named localities and transported to Chinese maritime or river ports, open to commerce, shall pay on passing the frontier export duty reduced by four-tenths. A special certificate will be delivered setting forth the payment of this ^uty, and destined to accompany the goods. When they shall arrive TEEATIES AND CONVENTIONS WITH CHINA AND KOREA. 23 at one of the maritime or river ports open to commerce, they shall pay the half re-importation duty in conformity with the general rule for all goods of like nature in the maritime or river ports open to commerce. (3) Chinese goods transported from Chinese maritime or river ports open to commerce, by way of Annam, towards the four above named localities, shall pay on crossing (the frontier) full duty.. A special cer- tificate' will be delivered, setting forth the payment of this duty, and destined to accompany the goods. When they shall arrive at one of the frontier customs stations they shall pay on entry half re-importa- tiori duty based on the reduction by four-tenths. (4) The above mentioned Chinese goods, when accompanied by the special certificate above mentioned, shall, before passing through the customs on exportation, or after passing through the customs on re-importation, be subject to the regulations governing native Chinese goods. Art. V. It is understood that China, for the exploitation of its Mining in Yiin- ™iies in the provinces of Yiin-nan, Kwang-si, and nan, Kwangf-si, Kwang-tung, may call upon, in the first instance, and Kwang-tung. -pj,^^^^ manufacturers and engineers, the exploitation remaining nevertheless subject to the rules proclaimed by the Imperial Government as regarding national industries. It is agreed that railways either those already in existence, or those projected in Annam may, after mutual agreement, and under condi- tions to be defined, be continued on Chinese territory. Art. VI, Article II of the Telegraphic Convention between France and China, signed at Chefoo, December 1, 1888, is teiegV/priirs. "' completed as follows:- D. — A junction shall be made between the Second- ary Prefecture of Ssu-mao and Annam by two stations, which shall be Ssu-mao in China and Muang-ha-hin (Muong-ngay-neua) in Annam, midway between Lai-chou and Luang Prabang. The tariff shall be fixed in conformity with Article VI of the Tele- graphic Convention of Chefoo. Art. VII. It is agreed that the commercial stipulations contained in the present Convention being of a special nature, the Convention n"ot to result of mutual concessions resulting from the needs extend beyond lo- ^f f\^Q relations between Lung-chou, Ho-k'ou, M§ng- caiities named. ^^^^ Ssu-mao, and Annam, the benefits resulting there- from shall not be appealed to by the subjects and the proteges of the two High Contracting Parties except at the localities as well as on the river aijd land routes of the frontier here set forth. Abt. VIII. The present stipulations shall come into force as if they were inserted in the text of the Additional Convention of June 26, 1887. 24 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. Art. IX. The terms of former Treaties, Agreements Former treaties ^ Conventions between France and China, not mod- remam m force. "•" ^ „ , i n • ■ j: ii £ „„ ified by the present Treaty shall remain in tuli force. The present Complementary Convention shall be ratified at once by His Majesty the Emperor of China, and after it shall have been rati- fied by the President of the French Republic, the exchange of ratifi- cations shall take place at Peking with the least delay possible. Done at Peking in four copies 20th June 1895, corresponding to the 28th day of the 5th moon of the 21st year Kwang-hsii. (Signed) ^- GiiEAKD. (Signed) Ching. (Signed) Hsu. IDENTIC NOTES EXPLANATOEY OF THE PEOVISIONS OF THE COM- MEBCIAL CONVENTION BETWEEN FRANCE AND CHINA OF JUNE 20, 1895, AND OF THE RAILWAY CONTRACT OF JUNE 5, 1896.« The Tsung-li Yamen to Mr. G^irard, Minister of the French Republic at Peking. [Translation.] 13th Dat, 5th Moon, 23d Year Kuang-hsu (12 June 1897). The Imperial Government of China and the Government of the French Republic, animated with a mutual and equal desire to facilitate and develop, in conformity with treaties and conventions, and as evidence of their feelings of concord, neighborly and commercial rela- tions between China and Ann am, have striven by an interchange of views and an agreement between our Yamen and the Legation of the Republic, to define more precisely and clearly the carrying out of certain provisions of the convention made between China and Fraiice. With this object in view, our Yamen and the Legation of the Republic have agreed on the three following formulas: 1°. It is understood that in compliance with Article V of the Com- mercial Convention of June 20, 1895, as well as the contract of June 5, 1896, between the Compagnie de Fives-Lille and the official Adminis- tration of the Dong-dang and Lung-chou Railroad, and the despatches exchanged the 2d and 25th June of the same year between our Yamen and the Legation of the Republic, if the Compagnie de Fives-Lille has satisfactorily succeeded, and as soon as the line from Dong-dang to Lung-chou shall be finished, a request will of necessity be made it to continue the said line in the direction of Nan-ning and Pe-se. 2°. It is understood, in compliance with Article V of the Comple- mentary Commercial Convention of June 20, 1895, that in the three « Documents Diplomaiiques, Chine, 1894-1898. p. 39. An identic note bearing the same date was sent to the Tsung-li Yamen by Mr. Gerard. See Ihid., p. 38. TEEATIES ANB CONVENTIONS WITH CHINA AND KOREA. 25 southern border provinces, Kuang-tung, Kuang-si and Yiin-nan, the Chinese Government may call upon French engineers and manufac- turers for working mines. 3°. It is understood that China sha'U undertake works for the improvement of navigation on the upper Red River, and that in the interest of commerce she will grade and improve the route from Ho-k'ou to Man-hao and Meng-tse as far as the provincial capital. It is under- stood furtherniore that the right will be conceded to construct a rail- way communication between the Annam frontier and the provincial capital, either by way of the Pe-se river region, or by that of the upper Red River; the (preliminary) studies and the carrying out by China to be done gradually. These formulas are incorporated in the present exchange of de- spatches as evidence. Our Yamen and the Legation of the Republic, faithful interpreters of the mutual opinion of the two Governments, agree that these formulas are intended to define certain provisions of the conventions previously concluded between the two Governments, and to insure their effectual carrying out in a spirit of mutual con- fidence and good will, and in the equal interest of the two countries. (Follow the signatures of the President and the Members of the Tsung-li Yamen). l^o. 4. CONVENTION BETWEEN JAPAN AND CHINA FOE THE RETEOCE88ION BY JAPAN TO CHINA OF THE SOUTHERN PORTION OP THE PROVINCE OF FENG-TIEN. « Signed at Peking, November 8, 1895. Ratifications Exchanged at Peking, November 29, 1895. Aeticlb I. Japan retrocedes to China in perpetuity and full sover- eignty the southern portion of the Province of Feng ceded"*'"''' "*"" Ti®"' ^^^^^ ^^^ ^®^®*^ *° "^^P^*^ ^^^^^ Article II of the Treaty of Shimonoseki of the 17th day of the ith month of the 28th year of Meiji, corresponding to the 23rd day of the 3d month of the 21st year of Kuang Hsil, together with all fortifica- tions, arsenals and public property thereon at the time the retroceded territory is completely evacuted by the Japanese forces in accordance with the provisions of Article III of this Convention, that is to say, the souther.n portion of the Province of Feng Tien from the mouth of the River Yalu to the mouth of the River An-ping, thence to Feng Huang Ch'^ng, thence to Haicheng, and thence to Ying-Kow; also all cities and towns to the south of this boundary and all islands apper- taining or belonging to the Province of Feng Tien situated in the eastern portion of the Bay of Liao-Tung and in the northern part of the Yellow Sea. Article III of the said Treaty of Shimonoseki is in consequence suppressed, as are also the provisions in the same Treaty with reference to the conclusion of a Convention to regulate frontier intercourse and trade. II. As compensation for the retrocession of the southern portion of. the Province of Feng Tien, the Chinese Government Compensation in engage to pay to the Japanese Government 30,000,000 Kuping taels on or before the 16th day of the 11th mbnth of the 28th year of Meiji, corresponding to the 30th day of the 9th month of the 21st year of Kuang Hsii. III. Within three months from the day on which China shall have paid to Japan the compensatory indemnity of ment*' °^ ^^^' ^'^00,000 Kuping taels provided for in Article II of this Convention, the retroceded territory shall be com- pletely evacuated by the Japanese forces. IV. China engages not to punish in any manner nor to allow to be punished those Chinese subjects who have in any man- habitants!*'' *" ™" ^^^ ^^""^ compromised in connection with the occupa- tion by the Japanese forces of the retroceded territory. o British and Foreign State Papers, Vol. LXXXVII, p. 1195. 26 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 27 V. The present Convention is signed in duplicate, in the Japanese, Chinese, and English languages. All these texts have thoritative. ^^^^ Same meaning and intention, but in case of any differences of interpretation between the Japanese and Chinese texts, such differences shall be decided by reference to the English text. VI. The present Convention shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the ratifications thereof shall be exchanged at Peking within twenty-one days from the present date. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsii. [l. s.] Hatashi Tadasu. [l. S.J Li Hung-Chang. PROTOCOL. ' In view of the insufficiency of time to effect a formal exchange of the ratifications of the Convention between Japan and China signed this day respecting the retrocession of the Peninsula of Feng Tien, before the date named in the said Convention for certain stipulations thereof to take effect, the Government of His Majesty the Emperor of Japan and the Government of His Majesty the Emperor of China, in order to prevent the possibility of delay in putting into execution the several provisions of the said Convention, have, through their respective Plenipotentiaries, agreed upon the following stipulations: The Governments of Japan and China shall, within the period of five days after the date of this Protocol, announce to each other through the undersigned, their respective Plenipotentiaries, that the said Convention has received the approval of His Majesty the Emperor of Japan and His Majesty the Emperor of China, respectively, and thel-eupon the said Convention in all its parts shall come into operation as fully and effectually as if the ratifications thereof had actually been exchanged. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsu. [l, g.j Hatashi Tadasu. fl. s.l ^^ Hung-Chang. No. 5. GBEAT BRITAIN— FBAIS^CE. DECLAEATION BETWEEN GKEAT BRITAIN AND FRANCE, WITH REGARD TO THE KINGDOM OF SIAM AND OTHER MATTERS (ADVANTAGES IN YUNNAN AND SZECHUEN; TERRITORIES TO THE WEST OF THE LOWER NIGER; COMMERCIAL ARRANGEMENTS IN TUNIS). « Signed at London, January 15, 1896. The Undersigned, duly authorized by their respective Governments, have signed the following Declaration: — I. The Governments of Great Britain and France engage to one another that neither of them will, without the consent British and of the other, in any case, or Under any pretext, advance inflnence^in Siam. 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. Nothing in the foregoing clause shall hinder any action on which the two Powers may agree, and which they shall think ^_ Independence of 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. a British and Foreign Slate Papers, 1895-96, Vol. LXXXVIII, pp. 13-16. 28 TREATIES AND CONVENTIONS "WITH CBINA AND KOREA. 29 III. From the mouth of the Nam Huok northwards as far as the Chinese frontier the thalweg of the Mekong shall li "f °°^ ^^^^^"^ ^orm 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 exer- cise any jurisdiction or authorit}' within the possessions or sphere of influence of the other. 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, Police of islands g^ j^^, g^g ^^lev are thus separated, be intrusted to the m Mekong. *= ■' . . ^ ' French authorities. The fishery shall be open to the inhabitants of both banks. IV. The two Governments agree that all commercial and other privileges and advantages conceded in the two Chinese No exclusive provinces of Yiinnan and Szechuen either to Great commercial and ?:, • ■ , j> j.i • •■ r^ other privileges Britain or i^rance, in virtue or their respective Con- in Yiinnan and yentions with China of the 1st March, 1894, and the 20th June, 1895, and all privileges and advantages of anv 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. The two Governments agree to name Commissioners delegated Delimitation of ^Y ^^^^ ^^ them, who shall be charged to fix by mutual territory west of agreement, after examination of the titles produced on lower Niger. either side, the most equitable delimitation between the British and French possessions in the region situated to the west of the Lower Niger. VI. In conformity with the stipulations of Article XL of the Gen- eral Convention concluded between Great Britain and Be vision of gen- ^ Regency of Tunis on the 19th July, 1875. which eral convention of ""^ x^cg,^ j ^ , ,, . m / if ' -, July 19, 1875, provides for a revision or that Ireaty m order with Tunis, agreed ^j^^^^. ^j^^ ^^^ Contracting Parties may have the oppor- tunity 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 JLiondon, the 15th January, 1896. i-j^ ^ -1 Salisbury. r „ n AlPH. UE CoUKCEL. :no. 6. TREATY OF COMMERCE AND NAVIGATION BETWEEN JAPAN AND CHINA. Signed at Peking, 21bt Day of 7th Month, 29th Yeak of Mjiiji (21st Jcly, 1896) ; Ratified 29th Day of 9th Month, 29th Year of Meiji (29th September, 1896) ; Ratifications exchanged at Peking, 20th Day of 10th Month, 29th Year of Meiji (20th November, 1896) ; and Promulgated 28th Day of 10th Month, 29th Year of Meiji (281'H November; 1896). His Majesty the Emperor of Japan and His Majesty the Emperor of China, having resolved, in pursuance of the provisions of Articles VI. of the Treaty signed at Shimonoseki on the lYth day of the 4th month of the 28th year of Meiji, corresponding to the 23rd day of the 3rd month of the 21st year of Kuang Hsii, to conclude a Treaty of Commerce and Navigation, have for that purpose named as Their Plenipotentiaries, that is to say: His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary; and His Majesty the Emperor of China, Chang Yen Hoon, Minister Plenipotentiary, Min- ister of the Tsungli-yamen, Holding the rank of the President of a Board and Senior Vice-President of the Board of Revenue; "Who, after having communicated to each other their Full Powers found to be in good and due form, have agreed upon and concluded the following Articles: — Article I. There shall be perpetual peace and friendship between His Majesty the Emperor of Japan and His Majesty the Emperor ^^Peace and friend- q£ China, and between their respective subjects who shall enjoy equally in the respective countries of the High Contracting Parties full and entire protection for the"r persons and property. SO TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 31 Artictle II. It is agreed by the High Contracting Parties that His Majesty the Diplomatic Emperor of Japan may, if he see fit, accredit a Diplo- agents; preroga- matic Agent to the Court of Peking and His Majesty tives, immunities. ^^^ Emperor of China may, if he see fit, accredit a Diplomatic Agent to the Court of Tokio. The Diplomatic Agents thus accredited shall respectively enjoy all the prerogatives, privileges and immunities accorded by international law to such Agents and they shall also in all respects be entitled to the treatment extended to similar Agents of the most favoured nation. Their persons, families, suites, establishments, residences and cor- respondence shall be held inviolable. They shall be at liberty to select and appoint their own oificers, couriers, interpreters, servants and attendants without any kind of molestation. Article III. His Majesty the Emperer of Japan may appoint Consuls-General, Consular agents- Consuls, Vice-Consuls, and Consular Agents to reside at privileges, immu- such of the ports, cities and towns of China, which are °'*^*°" now, or may hereafter be, opened to foreign residence and trade, as the interests of the Empire of Japan may require. These officers shall be treated with due respect by the Chinese Authorities, and they shall enjoy all the attributes, authorit^'^, jurisdic- tion, privileges and immunities which are, or may hereafter be, extended to similar oflicers of the nation most favoured in these respects. His Majesty the Emperor of China may likewise appoint Consuls- General, Consuls, Vice-Consuls and Consular Agents to reside at any or all of those places in Japan, where Consular officers of other nations are now, or may hereafter, be admitted, and, saving in the matter of jurisdiction in respect of Chinese subjects and property in Japan, which is reserved to the Japanese Judicial Courts, they shall enjoy the rights and privileges that are usually accorded to such officers. Article IV. Japanese subjects may, with their families, employes and servants, frequent, reside and carry on trade, industries and tra^fng^and other manufactures, or pursue any other lawful avocations rights of Japanese in all the ports, cities and towns of China, which are in China. now, or may hereafter be, opened to foreign residence and trade. They are at liberty to proceed to or from any of the open ports with their merchandise and effects, and within the localities at those places which have already been, or may hereafter be, set apart for the use and occupation of foreigners, they are allowed to rent or 32 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. purchase houses, rent or lease land, and to build churches, cemeteries and hospitals, enjoying in all respects the same privileges and immuni-, ties sis are now, or may hereafter be, granted to the subjects or citi- zens of the most favoured nation. Article V. Japanese vessels may touch for the purpose of landing and shipping passengers and merchandise in accordance with the ex- ports of call in jgtjng Rules and Regulations concerning foreign trade * there at all those places in China, which are now ports of call, namely, Ngan-ching, Ta-tung, Hu-kow, Wu-sueh, Lu-chi-kow and Woosung and such other places as may hereafter be made ports of call also. If any vessel should unlawfully enter ports other than open ports and ports of call in China or carry on clandestine trade along the coast or rivers, the vessel with her cargo shall be subject to confiscation by the Chinese Government. Aeticle VI. Japanese subjects may travel, for their pleasure or for purposes of trade, to all parts of the interior of China, under pass- asspor B. ports issued by Japanese Consuls and countersigned by the Local Authorities. These passports, if demanded, must be produced for examination in the localities passed through. If the pass- ports be not irregular, the bearers will be allowed to proceed and no opposition shall be offered to their hiring of persons, animals, carts or vessels for their own conveyance or for the carriage of their personal effects or merchandise. If they be without passports or if they com- mit any offence against the law, they shall be handed over to the near- est Consul for punishment, but they shall only be subject to necessary restraint and in no case to ill-usage. Such passports shall remain in force for a period of thirteen Chinese months from the date of issue. Any Japanese subject travelling in the interior without passport shall be liable to a fine not exceeding three hundred Taels. Japanese sub- jects may, however, without passports go on excursions from any of the ports open to trade, to a distance not exceeding one hundred Chinese li and for a period not exceeding five days. The provisions of this Article do not apply to crews of ships. Article VII. Japanese subjects residing in the open ports of China may take into their service Chinese subjects and employ them in any by°jS»nesr^°^'* lawful capacity without restraint or hindrance from the Chinese Government or Authorities. TEEATIES AND CONVENTIONS WITH CHINA AND KOKEA. 33 Article VIII. Japanese subjects may hire whatever boats they please for the con- Hiring of boats, veyance of cargo or passengers and the sum to be. Monopolies. paid for such boats shall be settled between the parties Smuggling. themselves, without the interference of the Chinese Government or officers. No limit shall be put upon the number of boats, neither shall a monopoly in respect either of the boats or of the porters or coolies engaged in carrying goods be granted to any parties. If any smuggling takes place in them the offenders will of course be punished according to law. Aetiole IX. The Tariffs and Tariff Rules now in force between China and the Tariff Western Powers shall be applicable to all articles upon Favored -nation importation into China by Japanese subjects or from treatment. Japan, or upon exportation from China by Japanese subjects or to Japan. It is clearly understood that all articles, the importation or exportation of which is not expressly limited or pro- hibited by the Tariffs and Tariff Rules existing between China and the Western Powers, may be freely imported into and exported from China, subject only to the payment of the stipulated import or export duties. But in no case shall Japanese subjects be called upon to pay in China other or higher Import or export duties than are, or may be, paid by the subjects or citizens of the most favoured nation; nor shall any article imported into China from Japan or exported from China to Japan be charged upon such importation or exportation, other or higher duties than are now, or may hereafter be, imposed in China on the like article when imported from or exported to the nation most favoured in those respects. Article X. All articles duly imported into China by Japanese subjects or from Japan shall, while 'being transported, subject to the Exemption of all existing Regulations, from one open port to another, be from transit and wholly exempt from all taxes, imposts, duties, lekin, other taxes be- c]jarffes and exactions of every nature and kind what- tween open ports. " . , , . ,. „ , soever, irrespective or the nationality or the owner or possessor of the articles, or the nationality of the conveyance or vessel in which the transportation is made. Article XI. It shall be at the option of any Japanese subject desiring to convey duly imported articles to an inland market to clear his Transit dues. goods of all transit duties by payment of a commutation 27938—04 3 34 TREATIES AND OONVEMTIONS WITH CHINA AND KOKEA. transit tax or duty, equal to one-half of the import duty in respect of dutiable articles, and two and half per cent, upon the value in respect of duty free articles; and on payment thereof a certificate shall be issued, which shall exempt the goods from all further inland charges whatsoever. It is understood that this Article does not apply to imported opium. Article XII. All Chinese goods and produce purchased by Japanese subjects in China elsewhere than at an open port thereof and f o*^°°*ei'p"r?ation intended for export "abroad, shall in every part of only subject to 'China be freed from all taxes, imposts, duties^ lekin,- duties. *" ^^P*"^* charges and exactions of every nature and kind what- soever, saving only export duties when exported, upon the payment of a commutation transit tax or duty calculated at the rate mentioned in the last preceding Article substituting export duty for import duty, provided such goods and produce are actually ex- ported to a foreign country within the period of twelve months from the date of the payment of the transit tax; all Chinese goods and produce purchased by Japanese subjects at the open ports of China and of which export to foreign countries is not prohibited shall be exempt from all internal taxes, imposts, duties, leMn, charges and exactions of every nature and kind whatsoever, saving only export duties upon exportation and all articles purchased by Japanese sub- jects in any part of China, may also, for the purposes of export abroad, be transported from open port to open port, subject to the existing Rules and Regulations. Article XIII. Merchandise of a lona fide foreign origin, in respect of which full i"iport duty shall have been paid, may at any time Be -exportation .,, . ,, „ ,i V . „ . of foreign goods, withm three years from the date of importation be Drawback certifi- re-exported from China by Japanese subjects to any foreign country, without the payment of any export duty; and the re-exporters shall, in addition, be entitled forthwith to receive from the Chinese Customs drawback certificates for the amount of import duty paid thereon, provided that the merchandise remains intact and unchanged in its original packages. Such drawback certifi- cates shall be immediately redeemable in ready money by the Chinese Customs Authorities at the option of the holders thereof. Article XIV. The Chinese Government consents to the establishment of Bonded Bonded ware- Warehouses at the several open ports of China. Reg- houses, ulations on the subject shall be made hereafter. TREATIES AND 001SVENTION8 WITH CHINA AND KOKEA. 35 Article XV. Japanese merchant vessels of more than one hundred and fifty tons burden, entering the open ports of China, shall be charged tonnage dues at the rate of four ynace per registered ton; if of one hundred and fifty tons and under, they shall be charged at the rate of one inace per registered ton. But any such vessel taking its departure within forty-eight hours after arrival, with- out breaking bulk, shall be exempt from the payment of tonnage dues. Japanese vessels having paid the above specified tonnage dues shall thereafter be exempt from all tonnage dues in all the open ports and ports of call of China for the period of four months from the date of clearance from the port where the payment of such tonnage dues is made. Japanese vessels shall not, however, be required to pay ton- nage dues for the period during which they are actually undergoing repairs in China. No tonnage dues shall be payable on small vessels and boats employed by Japanese subjects in the conveyance of passengers, bag- gage, letters or duty free articles between any of the open ports of China. All small vessels and cargo boats, however, conveying mer- chandise which is, at the time of such conveyance, subject to duty, shall pay tonnage dues once in four months at the rate of one mace per ton. No fee or charges other than tonnage dues shall be levied upon Japanese vessels and boats, and it is also understood that such vessels and boats shall not be required to pay other or higher tonnage dues than the vessels and boats of the most favoured nation. Article XVI. Any Japanese merchant vessel arriving at an open port of China shall be at liberty to engage the services of a pilot to Use of pilots. ^^^ j^g^ .j^^^ pQ^^_ jjj jjjjg manner, after she has dis- charged all legal dues and duties and is ready to take her departure, she shall be allowed to employ a pilot to take her out of port. Article XVII. Japanese merchant vessels compelled on account of injury sustained or any other cause to seek a place of refuge shall be Vessels ^eetangr pgpmitted to enter any nearest port of China, without Kescued cargo and being subject to the payment of tonnage dues or duties persons. upon goods landed in order that repairs to the vessel may be effected, provided the goods so landed remain under the super- vision of the Customs Authorities. Should any such vessel be stranded or wrecked on the coast of China, the Chinese Authorities shall imme- diately adopt measures for rescuing the passengers and crew and for 36 TREATIES AND CONVENTIONS "WITH CHINA ANI) KOREA. securing the vessel and cargo. The persons thus saved shall receive friendly treatment, and, if necessary, shall be furnished with means of conveyance to the nearest Consular station. Should any Chinese merchant vessel be compelled on account of injury sustained or any other cause to seek a place of refuge in the nearest port of Japan, she shall likewise be treated in the same way by the Japanese Authorities, Article XVIII. The Chinese Authorities at the several open ports shall adopt such Sm lin means as they may judge most proper to prevent the revenue suffering from fraud or smuggling. Article XIX. If any Japanese vessel be plundered by Chinese robbers or pirates, Bobbers and pi- i* shall be the duty of the Chinese Authorities to use lates.' every endeavor to capture and punish the said rob- bers or pirates, and to recover and restore the stolen property. Article XX. Jurisdiction over the persons and property of Japanese subjects in ^ . ,. ^. China is reserved exclusively to the duly authorized Jurisdiction over » i . . i i n i i i Japanese persons Japanese Authorities, who shall hear and determine and property. ^jj cases brought against Japanese subjects or prop- erty by Japanese subjects, or by the subjects or citizens of any other Power, without the intervention of the Chinese Authorities. Article XXI. If the Chinese Authorities or a Chinese subject make any charge or Mixed cases complaint of a civil nature against Japanese subjects or in respect of Japanese property in China, the case shall be heard and decided by the Japanese Authorities. In like manner all charges and complaints of a civil nature brought by Japanese Authorities or subjects in China against Chinese subjects or in respect of Chinese property, shall be heard and determined by the Chinese Authorities. Article XXII. Japanese subjects charged with the commission of any crimes or offences in China shall be tried, and, if found guilty, fens"™*" *" ° ' punished by the Japanese Authorities according to the laws of Japan. In like manner Chinese subjects charged with the commission of any crimes or offences against Japanese subjects in China shall be tried, and, if found guilty, punished by the Chinese Authorities according to the laws of China. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 37 Article XXIII. Should any Chinese subject fail to discharge debts incurred to a Japanese subject, or should he fraudulently abscond, ing debtors.^*""' " ^^^ Chinese Authorities will do their utmost to effect his arrest, and enforce recovery of the debts. The Japanese Authorities will likewise do their utmost to bring to justice any Japanese subject who fraudulently absconds or fails to discharge debts incurred by him to a Chinese subject. Article XXIV. If Japanese subjects in China, who have committed offences or have failed to discharge debts and fraudulently abscond, Japanese and 'chi- should flee to the interior of China or take refuge in nese absconding houses occupied by Chinese subjects or on board of ® °^^' Chinese ships, the Chinese Authorities shall, at the request of the Japanese Consul, deliver them to the Japanese Authorities. In like manner if Chinese subjects in China, who have committed offences or have failed to discharge debts and fraudulently abscond, should take refuge in houses occupied by Japanese subjects in China or on board of Japanese ships in Chinese waters, they shall be deliv- ered up at the request of the Chinese Authorities made to the "Japanese Authorities. Article XXV. The Japanese Government and its subjects are hereby confirmed in all privileges, immunities and advantages conferred on Most favored na- them by the Treaty stipulations between Japan and tion treatment. ,^, . , . , • ji j -j. • u i. Chma, which are now in force; and it is hereby expressly stipulated that the Japanese Government and its subjects will be allowed free and equal participation in all privileges, immuni- ties and advantages that may have been, or may be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any other nation. Article XXVI. It is agreed that either of the High Contracting Parties may * demand a revision of the Tariffs and of the Commer- Revision. ^j^^ Articles of this Treaty at the end of ten years from the date of the exchange of the ratifications; but if no such demand be made on either side and no such revision be effected, within six months after the end of the first tea years, then the Treaty and Tariffs, in their present form, shall remain in force for ten years more, reckoned from the end of the preceding ten years, and so it shall be at the end of each successive period of ten years. 38 TREATIES AND CONVENTIOKS WITH CHINA AND KOKEA. Akticle XXVII. The High Contracting Parties will agree upon Rules and Eegula- tions necessary to give full effect to this Treaty. > niations putting Until such Rules and Regulations are brought into treaty in effect. actual operation, the Arrangements, Rules and Regu- lations subsisting between China and the Western Powers, so far as they are applicable and not inconsistent with the provisions of this Treaty, shall be binding between the Contracting Parties. Aktiole XXVIII. The present Treaty is signed in the Japanese, Chinese and English, languages. In order, however, to prevent future dis- thMifative**''**''' cussions, the Plenipotentiaries of the High Contract- ing Parties have agreed upon that in case of any divergence in the interpretation between the Japanese and Chinese texts of the Treaty, the difference shall be settled by reference to the English text. Aeticle XXIX. The present Treaty shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the ratifications thereof shall be exchanged at Peking as soon as possible, and not later than three months from the present date. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Peking this 21st day of the 7th month of the 29th year of Meiji, corresponding to the eleventh day of the sixth month of the 22nd year of Kuang Hsii. [l. s.] Hayashi Tadasu Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary. [l. 8.] Chang Yen Hoon Minister Plenipotentiary, Minister of the Tsungli-yamen, holding the rank of the President of a Board and Senior Vice President of the Board of Revenue. PROTOCOL SUPPLEMENTARY TO THE TREATY OF COMMERCE AND NAVIGATION OF JULY 21, 1896. Signed at Peking, October 19, 1896. [Translation.] The following four Articles are hereby agreed to by Baron Hayashi Tadasu (Sho-shi-i, Decoration of the 1st Class), Envoy Extraordinary and Minister Plenipotentiary of Japan, and the Ministers Plenipoten- tiary, ministers of the Tsungli-ya-men, of China, to wit: Art. 1. It is hereby agreed that special Japanese settlements shall be formed at the places newly opened to commerce, and that affairs relating to roads and police shall be under the sole control of the Japanese consul. Art. II. Regulations with respect to steamers or ships owned or chartered by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined after conferen&e with Japan, on the basis of the Provisional Regulations for the conduct of business by foreign mer- chants at those places, issued by the Shanghai Customs on August of third, the twenty-second year of Kwang Hsii. Art. III. The Government of Japan concedes the right of the Chinese Government to enforce on articles manufactured by Japanese subjects in China such a tax as may seem expedient, provided that the said tax shall not differ from, or exceed, the tax paid by Chinese sub- jects. The Chinese Government shall, when the Japanese Govern- ment so desires, immediately provide sites for the formation of special Japanese Settlements in Shanghai, Tientsin, Amoy, and Hankow. Art. IV. Instructions shall be issued to the official in command in Shangtung, that no Chinese troops shall approach, or take possession of any position, within 5 Japanese ri, or about 40 Chinese U, of the limit of any positions held by Japanese forces in accordance with treaty stipulations. The above Protocol shall be drawn up in the Chinese and Japanese languages and after comparison, the two copies shall be signed and sealed, each party taking one of the copies. (Signed) Hayashi, Tadasu. " Prince King. " Yin Lu. " Chang Yen-Hoon. Nineteenth day, tenth month, twenty-ninth year of Meiji; thirteenth day, ninth month, twenty-second year of Kuang-Hsii (19th October, 1896). 39 No. 7. GBEAT BBITAIIN^. AGREEMENT BETWEEN GREAT BRITAIN AND CHINA, MODIFYING THE CONVENTION OF MARCH 1, 1894, RELATIVE TO BURMAH AND TIBET, a Signed at Peking, Febkuaby 4, 1897. Ratifications Exchanged at Peking, Junk 5, 1897. In consideration of the Government of Great Britain consenting to ■waive its objections to the alienation by China, by the Convention with France of the 20th June, 1895,* of territory forming a portion of Kiang Hung, in derogation of the provisions of the Convention between Great Britain and China of the 1st March, 1894, it has been agreed between the Governments of Great Britain and China that the following additions and alterations shall be made in the last-named Convention, hereinafter referred to as the original Convention: — Art. I. It is agreed that the frontier between the two Empires from latitude 25° 35' north shall run as follows: Frontier line. Commencing at the high peak situated approxi- m^ely in that latitude and in longitude 98° 14' east of Greenwich and 18° 16' west of Peking, the line shall follow, as far as possible, the crest of the hills running in a south-westerly direction to Warung Peak (Kaulyang), and shall extend thence to Sabu Pum. From Sabu Pum the frontier shall run in a line along the watershed slightly to the south of west through Shatrung Pum to Namienku Pum. Thence it shall follow a line to be fixed after local investigation, dividing the Szis and the Kumsas as far as the Tabak Kha; thence the Tabak Kha to the Namtabet; thence the Namtabet to the Paknoi Kha; thence the Paknoi Kha to its source near Talang Pum; thence the Talang Pum ridge to Bumra Shikong. From Bumra Shikong the frontier shall follow a line running in a south-west direction to the Laisa Kha; thence the Laisa Kha to the Mol^ stream, running between Kad6n and Laisa; thence the Mole to its confluence with the Cheyang Kha; thence the Cheyang Kha to Alaw Pum; thence the Nampaung stream to the Taping. a British and Foreign Slate Papers, 1896-1897. Vol. LXXXIX, pp. 25-30. 6 See, supra, p.'21, footnote ^. 40 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. 41 THE TAPING TO THE SHWELI EIVER. II. From the junction of the Taping and the Nampaung streams the frontier shall follow the Taping to the neighbourhood of the Lwalaing ridge; thence a line running approximately along the Lwalaing ridge and the Lwalaing stream to the Nam wan ; thence the Namwan to its junction with the Shweli. Great Britain engages to recognize as belonging to China the tract to the south of the Namwan River, near Namkhai, which is enclosed to the west by a branch of the Nam Mak River and the Mawsiu range of hills up to Loi Chow Peak, and thence by the range running in a north-easterly direction to the Shweli River. In the whole of this area China shall not exercise any jurisdiction or authority whatever. The administration and con- trol will be entirely conducted by the British Govern- ment, who will hold it on a perpetual lease from China, paying a rent for it, the amount of which shall be fixed hereafter. THE SHWELI TO THE MEKONG. III. From the junction of the Namwan and Shweli the frontier shall follow the northern boundary of the State of North Hsinwi, as at present constituted, to the Salween, leaving to China the loop of the Shweli River, and almost the whole of Wanting, Mong-ko, and Mong-ka. Starting from the point where the Shweli turns northward near Namswan, i. e. from its junction with the Namyang, the frontier shall ascend this latter stream to its source in. the Mong-ko Hills, in about latitude 24° 7' and longitude 98° 15', thence continue along a wooded spur to the Salween at its junction with the Namoi stream. The line shall then ascend the Salween till it meets the northwest boundary of Kokang, and shall continue along the eastern frontier of Kokang till it meets the Kunlong circle, leaving the whole circle of Kunlong to Great Britain. The frontier shall then follow the course of the river forming the boundary between Somu, which belongs to Great Britain, and Mgng Ting, which belongs to China. It shall still continue to follow the frontier between those two districts, which is locally well-known, to where it leaves the aforesaid river and ascends the hills, and shall then follow the line of water parting between the tributaries of the Salween and the Mekong Rivers, from about longitude 99° east of Greenwich (17° 30' west of Peking), and latitude 23° 20', to a point about longitude 99° 40' east of Greenwich (16° 50' west of Peking) and latitude 23°, leaving to China the Tsawbwaships of Kgng Ma, Mengtimg, and Mengko. At the last named point of longitude and latitude the line strikes a very lofty mountain range, called Kong-Ming-Shan, which it shall 42 TREATIES AND OONVEimONS WITH CHIXA AND KOREA, follow in a southerly direction to about longitude 99° 30' east of Greenwich (17° west of Peking), and latitude 22° 30', leaving to China the district of Chen-pien T'ing. Then, descending the western slope of the hills to the Namka Eiver, it will follow the course of that river for about 10 minutes of latitude, leaving Munglem to China and Manglun to Great Britain. The frontier shall then follow the boundary between Munglem and Kiang Tong, which is locally well known, diverging from the Namka River a little to the north of latitude 22°, in a direction some- what south of east, and generally following the crest of the hills till it strikes the Namlam River in about latitude 21° 45' and longitude 100° east of Greenwich (16° 30' west of Peking). It shall then follow the boundary between Kiang Tong and Kiang Hung, which is generally formed by the Namlam River, with the exception of a small strip of territory belonging to Kiang Hung, which lies to the west of that river, just south of the last-named paral- lel of latitude. On reaching the boundary of Western Kyaiug Chaing, in about latitude 21° 27' and longitude 100° 12' east of Greenwich (16° 18' west of Peking), the frontier shall follow the boundary between that district and Kiang Hung until it reaches the Mekong River. IV. (No addition to original Convention.) V. It is agreed that China will not cede to any other nation either Mung Lem or any part of Kiang Hung on the right bank of the Mekong, or any part of Kiang Hung now in her possession on the left bank of that river, without previously coming to an arrangement with Great Britain. VI. Article VI of the original Convention shall be held to be modified as follows: . It is agreed that, in order to avoid any local contention, the align- ments of the frontier described in the present Agreement shall be verified and demarcated, and. In the event of their being found defec- tive at any point, rectified by a Joint Commission appointed by the Governments of Great Britain and China, and that the said Commis- sion shall meet, at a place hereafter to be determined by the two Governments, not later than twelve months from the date of the signature of the present Agreement, and shall terminate its labours in not more than three years from the date of its first meeting. If a strict adherence to the line described would intersect any districts, tribal territories, towns, or villages, the Boundary Commis- sion shall be empowered to modify the line on the basis of mutual concessions. If the members of the Commission are unable to agree on any point, the matter of disagreement shall at once be referred to their respective Governments. VII. (No addition to original Convention) Vin. (No addition to original Convention) TREATIES AND C0NVENTI0K8 WITH CHINA AND KOREA. 43 IX. Add as follows: — In addition to the Manwyne and Sansi routes sanctioned by the Convention of 1894, the Governments of Great Britain be opened. ^^^ China agree that any other routes, the opening of which the Boundary Commissioners may find to be in the interests of trade, shall be sanctioned on the same terms as those mentioned above. X. (No addition to original Convention) XI. (No addition to original Convention) XII. Add as follows: — The Chinese Government agrees hereafter to consider whether the conditions of trade justify the construction of rail- Yiiauan ^^^^ ™ ways in Yunnan, and, in the event of their construc- tion, agrees to connect them with the Burmese lines. XIII. Whereas by the original Convention it was agreed that China B f h d Ch"- ™isbt appoint a Consul in Burmah to reside at Ran- nese consular offi- goon; and that Great Britain might appoint a Consul ''^^^' to i-eside at Manwyne; and that the Consuls of the two Governments should each within the territories of the other enjoy the same privileges and immunities as the Consuls of the most favoured nation, and, further, that, in proportion as the commerce between Burmah and China increased, additional Consuls might be appointed by mutual consent to reside at such places in Burmah and Yunnan as the requirements of trade might seem to demand. It has now been agreed that the Government of Great Britain may station a consul at Momein or Shunning-fu, as the Government of Great Britain may prefer, instead of at Manwyne, as stipulated in the original Convention, and also to station a Consul at Ssumao. British subjects aud persons under British protection may establish themselves, and trade at these places, under the same Trading rights, ^.^i^jitions as at the Treaty ports in China. The Consuls appointed as above shall be on the same footing as regards correspondence and intercourse with Chinese officials as the British Consuls at the Treaty ports. XIV. Instead of ' ' Her Britannic Majesty's Consul at Manwyne " in the original Convention, read "Her Britannic Majesty's Consul at Shunning or Momein", in accordance with the change made in Article XIII. XV. (No addition to original Convention) XVI. (No addition to original Convention) XVII. (No addition to original Convention) XVIII. (No addition to original Convention) XIX. Add as follows:— Failing agreement as to the terms of revision, the present arrange- ments shall remain in force. 44 TREATIES AND CONVENTIONS "WITH CHINA AND KOREA. Special ^rfocZ^.— Whereas on the 20th day of January, 1896, the _^ . Tsung-li Yamen addressed an official despatch to Her Kwalgsi " and Majesty's Charge d'AflEaires at Peking, informing him samshui City ^hat on the 30th day of December, 1895, they had and Kong Knn .,,-,-, ^ • ^ i-^i -j! i. in Kwangtung Submitted a Memorial respecting the opening oi ports opened to trade. qjj ^^^ West Eiver to foreign trade, and had received an Imperial Decree in approval, of which they officially communicated a copy. It has now been agreed that the following places, viz., Wuchow-fu,, in Kwangsi, and Samshui City and Kong Kun Market, in Kwangtung,, shall be opened as Treaty ports and Consular stations, with freedom of navigation for steamers between Samshui and Wuchow and Hong Kong and Canton, by a route from each of these latter places to be selected and notified in advance by the Imperial Maritime Customs, and that the following four places shall be established as ports of call for goods and passengers, under the same Regulations as the ports of call on the Yang-tzu River, namely, Kongmoon, Komchuk, Shiuhing and Takhing. It is agreed that the present Agreement, together with the Special Article, shall come into force within four months of the date of signa- ture, and that the ratifications thereof shall be exchanged at Peking as soon as possible. In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Agreement. Done at Peking in triplicate — three copies in English, three in Chinese— the 4th day of February, in the year of our Lord 1897. [l- s.] Claude M. MacDonald. [l. 8.] (Chinese signature of his Excellency Li.) '"C hUftW* t-eTE.tS CO, PwOTO-tiTMO W.ll TERRITORY LEASED AT WEl-HAl WEI AND KIAO-CHOU BY GREAT BRITAIN AND GERMANY. IPrnm CM VA/=<.h..v u = n n( Nnrth Eastern China, 1900.) :n'o. 8. CONVENTION BETWEEN THE GERMAN EMPIEE AND CHINA RESPECTING THE LEASE OF KIAO-CHAU.« Signed at JPeking, March 6, 1898. [Translation.] The incidents connected with the Mission in the Prefecture of Tsao- chau-foo, in Shantung, being now closed, the Imperial Chinese Gov- ernment consider it advisable to give a special proof of their grateful appreciation of the friendship shown to them by Germany. The Imperial German and the Imperial Chinese Governments, therefore, inspired by the equal and mutual wish to strengthen the bonds of friendship which unite the two countries, and to develop the economic and commercial relations between the subjects of the two States, have concluded the following separate Convention: — Article I. n , Uvvi.4 His Majesty the Emperor of China, guided by the intention to strengthen the friendly relations bl^tween China and Eights ceded to Qermanv, and at the same time to increase the mili- Oerman troops. ^ _^ , ■ taiy readiiiess of the Chinese Empire, engages, whUe reserving to himself all rights of sovereignty in,ja— zane.jof-5O-kil0H£fc (100 Chinese U) su rrounding/t be Bav of Kit j.o-chaT^ at high-water, to permit the free passage of German troops within this zone at any time, as also to abstain from taking any measures, or issuing any Ordinances therein, without the previous consent of the German Government, and especially to place no obstacle in the way of any regulation of the water-courses which may prove to be necessary. His Majesty the Emperor of China, at the same time, reserves to him- Rights reserved, ^^j^ ^j^^ ^j^j^^. ^^ station troops within that zone, in agreement with the German Government, and to take other military measures. .^ • aBa» Staatsarchiv, vol. 61, No. 11518. Kiab-chau was declared a free port on Sep- tember 2, 1898. See Reichsanzeiger, September 5, 1898. - 45 46 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Article II. With the intention of meeting the legitimate desire of His Majesty the German Emperor, that Germany, like other Pow- ers, should hold a place on the Chinese coast for the repair and equipment of her ships, for the storage of materials and provisions for the same, and for other arrangements connected there- with, His Majesty the Emperor of China cedes to Germany on lease, provisionally for ninety -nine years, both sides of the entrance to the Bay of Kiao-chau. Germany engages to construct, at a suitable moment, on the territory thus ceded, fortifications for the protection of the buildings to be constructed there and of the entrance to the harbour. Article IH. In order to avoid the possibility of conflicts, the Imperial Chinese Government will abstain from exercising rights of Limits of tern- sovereignty in the ceded territory during the term of tory leased. iini -^i r^ the lease, and leaves the exercise of the same to Ger- many within the following limits: — (1.) On the northern side of the entrance to the bay: The peninsula bounded to the north-east by a line drawn from the north-eastern corner of Potato Island to Loshan Harbour. (2.) On the southern side of the entrance to the bay: The peninsula bounded to the south-west by a line drawn from the south-westernmost point of the bay lying to the south-south-west of Chiposan Island in the direction of Tolosan Island. (3.) The Island of Chiposan and Potato Island. (4.) The whole water area of the bay up to the highest water-mark at present known. (5.) All islands lying seaward from Kiao-chau Bay, which may be of importance for its defence, such as Tolosan, Chalienchow, &c. The High Contracting Parties reserve to themselves to delimitate more accurately, in accordance with local traditions, the boundaries of the tertritory leased to Germany and of the 50-kilom. zone round the bay, by means of Commissioners to be appointed on both sides. Chinese ships of war and merchant-vessels shall enjoy the same privileges in the Bay of Kiao-chau as the ships of Eights of Chi- other nations on friendly terms with Germany; and chauBay!*" ^*°' tte entrance, departure, and sojourn of Chinese ships in the bay shall not be subject to any restrictions other than those which the Imperial German Government, in virtue of the rights of sovereignty over the wh-ole of the water area of the bay transferred to Germany, may at any time find it necessary to impose with regard to the ships of other nations. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 47 Article IV. nals*'^^**^*"* "^" Grermany engages to construct the necessary navi- gation signals on the islands and shallows at the enti'ance of the bay. No dues shall be demanded from Chinese ships of war and merchant- Port dues vessels in the Bay pf Kiao-chau, except those which may be levied upon other vessels for the purpose of maintaining the necessary harbour arrangements and quays. Akticlb V. Should Germany at some future time express the wish to return Kiao-chau Bay to China before the expiration of the terriS""^''^"^ lease, China engages to refund to Germany the expenditure she has incurred at Kiao-chau, and to cede to Germany a more suitable place. Germany engages at no time to sublet the territory leased from China to another Power. The Chinese population dwelling in the ceded territory shall at all times enjoy the protection of the German Government, territory""^***** provided that they behave in conformity with law and order; unless their land is required for other purposes th ey may remain there. If land belonging to Chinese owners is required for any other pur- pose, the owner will receive compensation therefor. As regards the re-establishment of Chinese customs stations which formerly existed outside the ceded territory, but within Customs stations. ^^^ 60-kilom. zone, the Imperial German Government intends to come to an agreement with the Chinese Government for the definitive regulation of the customs frontier, and the mode of collecting customs duties, in a manner which will safeguard all the interests of China, and proposes to enter into further negotiations on the subject. Sections II and III." I. The Chinese Government sanctions the construction by Germany of two lines of railway in Shantung. The first will Railways in j-mj from Kiao-chau and Tsinan-fu to the boundary of an nng. Shantung province vid Wei-hsien, Tsinchow, Pashan, a The following sections of the German-Chinese Agreement of March 6, 1898, have never been made public by the German Government, but have been privately com- municated to persons interested in the development of the Protectorate. See Pro- ceedings before the Budget Commission of the Reichstag, April 29, 1898 in Brit. Blue Book, China No. 1 {1899) , p. 67. See also for Precis of these Sections of the Agree- ment Brit. Blue Book, China 1 {1899), p. 152. The text as given here of these sec- tions of the Agreement is based on unofficial publications, but is, it is believed, substantially correct. 48 TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. Tsechuen and Suipingf. The second line will connect Kiao-chau with Chinchow, whence an extension will be constructed to Tsinan through Laiwu-hsien. The construction of this extension shall not be begun until the first part of the line, the main line, is completed, in order to give the Chinese an opportunity of connecting this line in the most advantageous manner with their own railway system. What places the line from Tsinan-fu to the provincial boundary shall take in en route is to be determined hereafter. II. In order to carry out the above mentioned railway work a Chino- „ ., German Company shall be formed, with branches at Bailway com- , i • ii_- /-i pany to be organ- whatever places may be necessary, and in this Com- ^^**' pany both German and Chinese subjects shall be at liberty to invest money if they so choose, and appoint directors for the management of the undertaking. III. All arrangements in connection with the works specified shall be determined by a future conference of German and Mode of carry- djinese representatives. The Chinese Government ing out works. ^ shall afford every facility and protection and extend every welcome to representatives of the German Railway Company operating in Chinese territory. Profits derived from the working of these railways shall be justly _,. . . , divided vro rata between the shareholders without Divisiouor -^ profits. German regard to nationality. The object of constructing intentions. these lines is solely the development of commerce. In inaugurating a railway system in Shantung Germany entertains no treacherous intention towards China, and undertakes not to unlawfully seize any land in the province. IV. The Chinese Government will allow German subjects to hold and develop mining property for a distance of 30 li Mines and mm- f j.qjjj ^^^ ^j^jg ^f these railways and along the whole extent of the lines. The following places where min- ing operations may be carried on are particularly specified along the northern railway from Kiao-chau to Tsinan, Wei-hsien, Pa-shan-hsien and various other points; and along the Southern Kiao-chau-Tsinan Chinchow line, Chinchow-fu, Laiwu-hsien, etc. Chinese capital may be invested in these operations and arrange- ments for carrying on the work shall hereafter be made by a joint conference of Chinese and German representatives. All German subjects engaged in such works in Chinese territory shall be properly protected and welcomed by the Chi- minerB**"""" *" nese authorities and all profits derived shall be fairly divided between Chinese and German shareholders accordmg to the extent of the interest they hold in the undertakings. TBEATIES AND CONVENTIONS WITH CHINA AND KOKEA. 49 In trying to develop mining property in China, Germany is actuated by no treacherous motives against this country, but tions'^"'*'^ inten- gggjjg alone to increase commerce and improve the relations between the two countries. The Chinese Government binds itself in all cases where foreign Prefer nt' 1 assistance, in persons, capital or material, may be treatment prom- needed for any purpose whatever within the Province ised Germans. ^f Shantung, to offer the said work or supplying of materials, in the first instance to German manufacturers and mer- chants engaged in undertakings of the kind in question. In case German manufacturers and merchants are not inclined to undertake the performance of such works or the furnishing of mate- rials, China shall then be at liberty to act as she pleases. The above Agreement shall be ratified by the Sovereigns of both the Contracting States, and the ratifications exchanged in such manner that, after the receipt in Berlin of the Treaty ratified by China, the copy ratified by Germany shall be handed to the Chinese Minister in Berlin. The foregoing Treaty has been drawn up in four copies, two in German and two in Chinese, and was signed by the Representatives of the two Contracting States on the 6th March, 1898, corresponding to the 14th day of the second month in the twenty -fourth year Kuang-hsii. (Great Seal of the Tsung-li YamSn.) The Imperial German Minister, (Signed) Baron von Heyking. Li Hung-Chang (in Chinese), Imperial Chinese Grand Secretary, Minister of the Tsung-li Yamen, dec. , c&c. Weng Tung-Ho (in Chinese), Imperial Chinese Grand Secretary, Member of the Coundl of State, Minister of the Tsung-li Yamen, c&c, c&c. 27938—04 4 Ko. 9. RUSSIA. CONVENTION BETWEEN RUSSIA AND CHINA FOR LEASE TO RUSSIA OF PORT ARTHUR, TALIENWAN, AND THE ADJACENT WATERS." Signed at Peking, March 27, 1898. [Translation.! ON the 6th day of the 3rd moon of the 24th year of Kuang Hsii (27th March, 189S), His Majesty the Emperor of China especially deputed the Grand Secretary Li, and the Vice-President of the Board of Revenue Chang, as Plenipotentiaries to settle the matters connected with the loan of Port Arthur and Talienwan, with the Russian Gharg^ d' Affaires Pavloff. The Convention drawn up is as follows: — Article I. In order for the protection of the Russian fleet, and (to enable it) to have a secure base on the north coast of leasT^^^^^^ ^""^ China, His Majesty the Emperor of China agrees to lease to Russia Port Arthur, Talienwan, and the adja- cent waters. But this lease i s to be without prejudice to China 's authorit y in that territory . Art. II. The boundary of the territory leased in pursuance of the foregoing extends from Talienwan northward in accord- ance with the requirements (of the situation) on land, and of the protection of the territory, and permission shall be given for its being placed at whatever distance may be necessary. The exact boundary and the other details of this Convention, shall be jointly arranged at St. Petersburgh with Hsu Ta-jSn, after the sig- nature of this Convention, with all possible expedition, and a separate special Article drawn up. After the boundary has been decided, all the. territory included in it, and the adjacent waters shall be entirely handed over to Russia to use under lease. Art. III. The term of lease is fixed as twenty-five years from the date of signature. On expiration an extension of the term may be arranged between the two countries. fflFrom British Parliamentary Blue Book, China, No. 1. {1899), p. 128. The text of this convention has not been made public by the Russian Government; as given here it is a translation of "a Chinese precis of the agreement." H. Cordier, Hist, des Eel., Ill, 362, supplies a French version, but it is only a translation of the English here printed. 50 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. 51 Art. IV. Within the term fixed, in the territory leased to Russia, Bi htB in leas d ^^^ ^^ ^^^ adjacent waters, all movements of forces, territory. ^ **°^ whether naval or military, and (the appointment of) high officials to govern the districts, shall be entirely left to Eussian officers, one _man bein^ made resp onaihle, but he is nqt Jlip have the title of Governor-General or ftovprpp ^ ;; . No Chinese troops of any kind whatever are to be allowed to be stationed within this boundary. Chinese within the boundary may leave or remain at their pleasure, and are not to be driven away. S hould any criminal cases occur, the cri minal is to be handed ov ey Chinese criminals, ^ r *^^ P^^rest Chinese official to be punished ac cord- ' jpg iQ_Iaw,- Jnaccordanc e with the arr anj[emenrUi(j ^own by the Vlllth Article of the Russia n-Chinese Treaty nfthp. lOfh Xear^Hsien £:|ng_(1860). Art. V. To the north of the territory leased there shall be left a Neutral strip ^^^^^ ^^ territory, the extent of which is to be arranged by Hsii Ta-j§n and the Russian Foreign Office. This pigg§Ja-tQJ:ta-£atireIyJ^t_toJ.:!hinp,se .nfficialg, but no Chinese troops ^e to enter it, except after arrangement with the Russian officials. ^Art. VI. The Governments of the two countries agree that, as Port Arthur ^°^^ Arthur is solely a naval port, only Russian and closecl port. Chinese vessels are to be allowed to use it, and it is to be "considered a closed port as far as the war and merchant-vessels of the other Powers are concerned. As to Talienwan, with the exception of a part within the port which, ^ ^. like Port Arthur, is to be reserved for the use of trading port. Russian and Chinese men-of-war, the remainder is to be a trading port, where the merchant-vessels of all countries can freely come and go. Art. VII. Russia definitely recognizes the territory leased, but Port Arthur and Talienwan are of special importance. (As to) pro- vision of funds, she will herself erect what buildings are required for the naval or military forces, for the erection of batteries, or barracks for the garrisons, and generally provide all the funds required." Art. VIII. The Chinese Government agree that the principle of the permission given in the 22nd year of Kuang Hsii extendrd*'^ *" ^^ (^^^^^ *° *^® Manchurian Railway Company for the construction of a railway shall now, from the date of signature, be extended to the construction of a branch line from a certain station on the aforesaid main line to Talienwan, or, if necessity « The text of this article as given in A. Hosie, Manchuria, 47, is much clearer and is probably more correct. It reads: "Port Arthur and Ta-lien-wan are the points in the territory leased most important for Eussian military purposes. Russia shall, therefore, be at liberty to erect at her own expense forts and build barracks and pro- vide defenses at such places as she desires." 52 TREATIES AND CONVENTIONS "WITH CHINA AND KOBEA. « requires, the same principle shall be extended to the construction of a branch line from the main line to a convenient point on the sea-coast in the Liaotung Peninsula, between Ying-tzu (Newchwang) and the Yalu River. The provisions of the Agreement of the 8th September, 1896, between the Chinese Government and the Russo-Chinese Bank shall be strictly observed with regard to the branch line above mentioned. The direction of the line and the places it is to pass shall be arranged by Hsu Ta-jSn and the Manchurian Railway Company. But this rail- way concession is never to be used as a pretext for encroachment on Chinese territory, nor to be allowed to interfere with Chinese authority or interests. Art. IX. This Convention shall come into force from the date of exchange [sic] by the Plenipotentiaries of .both countries. After Imperial ratification exchange shall take place at St. Petersburgh. TERRITORY LEASED BY RUSSIA IN LIAO-TUNG PENINSULA, INCLUDING NEUTRAL ZONE. (From Ch. Waeber's Map of North Eastern China, 1900.) Ko. 10. RUSSIA. ADDITIONAL AGREEMENT DEFINING BOUNDARIES OF LEASED AND NEDTRALIZED TERRITORY IN LIAO-TUNG PENINSULA, a Signed at St. Petersburg, 7th May, 1898. ITranslation.] The Governments of Russia and China being desirous of adding some stipulations to the Treaty concluded at Peking on the 16th March, 1898 (Russian Calendar) the Plenipotentiaries of both Governments have agreed upon the following: — Article I. In accordance with the Ilnd Article of the original Treaty the northern territory leased and yielded to Russia— Port Arthur, Talienwan, and the Liao-tung Peninsula— shall commence from the north side of A-tang Bay on the west coast of Liao-tung and shall pass through the ridge of A-tang Mountain (the mountain ridge being included in the leased ground) to the east coast of Liao-tung near the north side of P'i-tzu-wo Bay. Russia shall be allowed the use of all the waters adjacent to the leased territory and all the islands around it. Both countries shall appoint special officers to survey the ground and determine the limits of the leased territory. Art. II. To the north of the boundary fixed in Art. I, there shall, in accordance with Art. V of the Peking l?reaty, be a neutral ground, the northern boundary of which shall commence on the west coast of Liao- tung at the mouth of the Kai-chou River, shall pass north of Yu-yen- I ch'ang to the Ta-yang River, and shall follow the left bank of that \river to its mouth, which shall be included in the neutral territory. Art. III. The Russian Government consents that the terminus of the branch line connecting the Siberian Railway with the Liao-tung Peninsula shall be at Port Arthur and Talienwan, and at no other port in the said peninsula. oBritish Parliamentary Blue Book, China No. 1 (1899), p. 188. The French text given by Cordier, Hist, des Eel, III, 365, is a translation of the English one as given here. The English is believed to be an authentic version, but the Russian Government has not made this Agreement public. 54 TREATIES AND CONVENTIONS WITH CHINA AND KOBE A. It is further agreed in common that railway privileges in districts traversed by this branch line shall not be given to the subjects of other Powers. As regards the railway which China shall [may] herself build hereafter from Shan-hai-kuan in extension to a point as near as [lit. nearest to] possible to this branch line, Russia agrees that she has nothing to do with it. Art. IV. The Russian Government assents to the request of the Chinese Government that the Administration and police of the City of Kinchow shall be Chinese. Chinese troops will be withdrawn from Kinchow and replaced by Russian troops. The inhabitants of the city have the power to use the roads from Kinchow to the north boundary of the leased territory, and the waters usually required near the city, but they have no power to use the sea-coast round about. Art. V. The Chinese Government agrees [lit. agrees to recognize]: 1. That without Russia's consent no concession will be made in the neutral ground for the use of subjects of other Powers. 2. That the ports on the sea-coast east and west of the neutral ground shall not be opened to the trade of other Powers. 3. And that without Russia's consent no road and mining concessions, industrial and mercantile privileges shall be granted in the neutral territory. :n^o. 11.^ FRANCE. CONVENTION FOR THE LEASE OF KUANG-OHOU WAN.a Submitted to the Tsung-li Yambn, May 27, 1898. Ratified by China, January 5, 1900. [Translation.] Article I. The Chinese Government, in consideration of its friendship for France, has given by a lease for 99 years Kuang-chou urposeo ease. ^^^ ^^ ^^^ French Government to establish there a naval station with coaling depot, but it is understood that this shall not oflfset the sovereign rights of China over the territory ceded. Akticle II. The leased territory shall include the waters and ground necessary for the security, the provisioning and the normal tory leased. development of the naval station and of the coaling depot, that is to say: (a) The island of Tong-hai; (5) TheislandofNao-chou; (c) At Lei-chou, a strip of land connecting a point of the coast south of Kiu-man sien (Tiao-man) and situated in 20° 50' north latitude, with She-men in 21° 25' north latitude along a strip roughly indicated on the annexed map. (d) At Kao-chou, a strip of land comprised between 21° 25' north latitude and 21° 04' north latitude, along a strip roughly indicated on the annexed map. (e) The small islands situated inside of Kuang-chou wan, as well as the interior and exterior waters of the bay, and the exterior waters of Nao-chou and of Tong-hai, within the limits recognized in interna- tional law (six marine miles). a Documents Diplomatigues, Chine, 1898-1899, pp. 2-4. This lease was agreed to by China on April 10, 1898. (See infra, No. 36. ) On the organization of the leased ter- ritory, see ArritSs Ministiriels, 27th and 31st January, 1900, in Situation de V Indo-Chine (1897-1901), p. 117. Kuang-chou was made a free port in 1900. 55 56 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. The exact limits on the continent of Lei-chou and of Kao-chou shall be fixed, after the signing of the present convention, when special sur- veys shall have been made by officials designated by the two Govern- ments. Said officials shall begin their work without delay, so that all possible misunderstanding between the two countries shall be obviated. Article III. The territory shall be governed and administered during the 99 years of the lease by France alone, so that all possible Administration, misunderstanding between the two countries shall be obviated. The inhabitants shall continue to enjoy their property; they may continue to inhabit the leased territory and pursue in^Mtents"**^'* ^^^^^ labors and occupations, under the protection of France, so long as they respect its laws and regula- tions. France shall pay an equitable price to the native property owners for the land which it may wish to acquire. Article IV. France may erect fortifications, place garrisons of troops or ta-ke _. . . . . any other defensive measure on the leased land. aignt to gam- "r son and to insure She may erect lighthouses, set buoys and signals navigation. useful for navigation on the leased territory, along the islands and coasts, and, in a general way, take all measures and adopt all plans to insure the freedom and safety of navigation. Article V. Steamers of China as well as the ships of the Powers having diplo- Rights of treaty ^^^^^ ^°^ commercial relations with her, shall be power vessels in treated within the leased territory in the same manner leased territory. ^g ^^ ^.-^^ opened part of China. France may issue all regulations she may wish for the administra- tion of the territory and of the ports and particularly tonnlge'due^ ^°* ^^"^^ lighthouse and tonnage dues destined to cover the expense of erecting and keeping up lights, beacons and signals, but such regulations and dues shall be impartially used for ships of all nationalities. Article VI. If cases of extradition should occur, they shall be dealt with accord- Extradition ^"^ ^^ *^® provisions of existing conventions between France and China, particularly those regulating the neighboring relations between China and Tongking. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 57 Article VII. The Chinese Government authorizes France to construct a railway connecting a point on the bay of Kuang-chou wan, by built ^''^^ *" ''* ^^^ chou, with a point to be designated on the west coast of Lei-chou, in the neighborhood of On-pu. This latter point shall be precisely designated later on. China will give the land, but the expenses of building and working shall be borne by France. Chinese shall have the right to travel and trade on the railway, in accordance with the general tariff in force. The mandarins must see to the protection of the railway and the stock, but the repairs and maintenance of said road and its stock shall be at the expense of France. Article VIII. France may also, at the end of the line about On-pu, build landing stages, wharyes, storehouses and hospitals, put up Improvements at lighfcg^ buoys and signals. The nearest deep water anchorage to this terminus (territorial waters) shall be exclusively reserved for French and Chinese ships of war, those of the latter nationality only when neutral. The present convention shall come into force at once. It shall be ratified at once by the Emperor of China, and when it shall have 'been ratified by the President of the French Republic, the exchange of rati- fications shall take place at within the briefest delay. Done at Peking in eight copies, of which four are in the French language and four in Chinese, the , 1898. Ko. 12. GEEAT BKITAII^. CONVENTION BETWEEN THE UNITED KINGDOM AND CHINA RESPECT- ING AN EXTENSION OF HONG KONG TERRITORY.^ Signed at Peking, Jdne 9, 1898. Ratifications Exchanged at London, August 6, 1898. Whereas it has for many years past been recognized that an exten- sion of Hong Kong territory is necessary for the proper defence and protection of the Colony, It has now been agreed between the Governments of Great Britain and China that the limits of British territory shall be Territory leased. gjjia_j.gg(j under lease to the extent indicated generally on the annexed map. The exact boundaries shall be hereafter fixed when proper surveys have been made by officials appointed by the two Governments. The term of this lease shall be ninety-nine years. It is at the same time agreed that within the city of Kowloon the Chinese officials now stationed there shall continue Jurisdiction in j^q exercise jurisdiction except so far as may be incon- sistent with the military requirements for the defence of Hong Kong. Within the remainder of the newly-leased territory Great Britain shall have sole jurisdiction. Chinese officials and peo- ple shall be allowed as heretofore to use the road from Kowloon to Hsinan. It is further agreed that the existing landing-place near Kowloon city shall be reserved for the convenience of Chinese Eights of Chi- men-of-war, merchant and passenger vessels, which may come and go and lie there at their pleasure; and for the convenience of movement of the officials and people within the city. When hereafter China constructs a railway to the boundary of the Kowloon territory under British control, arrange- ai way. ments shall be discussed. It is further understood that there will be ho expropriation or expul- sion of the inhabitants of the district included within of nat^iver"""" *'^® extension, and that if land is required for public offices, fortifications, or the like official purposes, it shall be bought at a fair price. a British Treaty Series. No. 16, 1898. 58 / D tv O., /V° 1376 PHOTO- LiTHC WkSMINCilOI TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 59 If cases of extradition of criminals occur, they shall be dealt with in Exta-aditi n accordance with the existing Treaties between Great Britain and China and the Hong Kong Regulations. The area leased to Great Britain as shown on the annexed map, includes the waters of Mirs Bay and Deep Bay, but sMp'^s!''*'* ^*'' it is agreed that Chinese vessels of war, whether neutral or otherwise, shall retain the right to use those waters. This Convention shall come into force on the first day of July, eighteen hundred and ninety-eight, being the thirteenth day of the fifth moon of the twenty-fourth year of Kuang Hsii. It shall be rati- fied by the Sovereigns of the two countries, and the ratifications shall be exchanged in London as soon as possible. In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Agreement. Done at Peking in quadruplicate (four copies in English and four in Chinese) the ninth day of June, in the year of our Lord eighteen hundred and ninety-eight, being the twenty-first day of the fourth moon of the twenty-fourth year of Kuang Hsii. [t.. S.J Claude M. MacDonald. [l. s.] (Seal of the Chinese Plenipotentiary.) ^o. 13. GREAT BRITAnsT. CONVENTION BETWEEN GREAT BRITAIN AND CHINA FOR THE LEASE OF WEI-HAI WEI.a Signed at Peking, July 1, 1898. In order to provide Great Britain with a suitable naval harbour in North China and for the better protection of British commerce in the neighbouring seas, the Government of His Majesty the Emperor of China agree to lease to the Government of Her Majesty the Queen of Great Britain and Ireland, Wei-hai Wei, in the province of Shantung and the adjacent waters, for so long a period as Port Arthur shall remain in the occupation of Russia. The territory leased shall comprise the Island of Liu-kung and all other islands in the Bay of Wei-hai Wei, and a belt of em ory ease . ^^^^ ^^ English miles wide along the entire coast line of the Bay of Wei-hai Wei. Within the above-mentioned territory leased Great Britain shall have sole jurisdiction. Great Britain shall have, in addition, the right to erect fortifications, station troops, or take any other measures necessary ig or 1 y. ^^^ defensive purposes, at any points on or near the coast of the region east of the meridian 121° 40' east of Greenwich, and to acquire on equitable compensation within that territory such sites as may be necessary for water supply, communications, and hospitals. Within that zone Chinese administration will not be inter- fered with, but no troops other than Chinese or British shall be allowed therein. It is also agreed that within the walled city of Wei-hai Wei, Chinese oflScials shall continue to exercise jurisdiction except rights" ^ ' ^^ f^^' ^^ ™^y ^® inconsistent with naval and military requirements for the defence of the territory leased. It is further agreed that Chinese vessels of war, nefe war ships*!''*' '^'^^t'^^^ neutral or otherwise, shall retain the right to use the waters herein leased to Great Britain. a British Parliamentary Blue Book, China No. 1 {1899), p. 199. For limits of ter- ritory leased, see map facing p. 45, m-pra. 60 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 61 It is further understood that there will be no expropriation or expulsion of the inhabitants of the territory herein of nX?a"^ " ""^ specified, and that if land is required for fortifications, public officers, or any official or public purpose, it shall be bought at a fair price. This Convention shall come into force on signature. It shall be rat- ified by the Sovereigns of the two countries, and the ratifications shall be exchanged in London as soon as possible. - In witness whereof the undersigned, duly authorized thereto by their respective Governments, have signed the present agre"§ment. Claude M. MacDonald. Prince Ch'ing, Senior Memher of the Tsung-li Yanien. LlAO SHOU-H:feNG, President of Board of Punishments. Done at Peking in quadruplicate (four copies in English and four in Chinese) the 1st day of July in the year of our Lord 1898, being the 13th day of the 5th moon of the 24th year of Kuang-hsii. No. 14. GREAT BRITAII^— GERMA:NY. AGREEMENT BETWEEN GREAT BRITAIN AND GERMANY DEFINING THEIR MUTUAL POLICY IN CHINA." Signed at London, 16th Octobek, 1900. Her Britannic Majesty's Government and the Imperial German Government being desirous to maintain their interests in China and their rights under existing Treaties, have agreed to observe the follow- ing principles in regard to their mutual policy in China: 1. It is a matter of joint and permanent international interest that the ports on the rivers and littoral of China should remain free and open to trade and to every other legitimate form of economic activity for the nationals of all countries without distinction; and the two Governments agree on their part to uphold the same for all Chinese territorj' as far as they can exercise influence. 2. Her Britannic Majesty's Government and the Imperial German Government will not, on their part, make use of the present compli- cation to obtain for themselves any territorial advantages in Chinese dominions, and will direct their policy towards maintaining undimin- ished the territorial condition of the Chinese Empire. 3. In case of another Power making use of the complications in China in order to obtain under any form whatever such territorial advantages, the two Contracting Parties reserve- to themselves to come to a preliminary understanding as to the eventual steps to be taken for the protection of their own interests in China. 4. The two Governments will communicate this Agreement to the other Powers interested, and especially to Austria-Hungary, France, Italy, Japan, Russia, and the United States of America, and will invite them to accept the principles recorJled in it. Salisbury. Hatzfeldt. o British Parliamentary Blue Book, China, No. 5 {1900). 62 Ko. 15. NEGOTIATIONS BETWEEN THE POWESS AND CHINA FOE SETTLEMENT OF THE DISTURBANCES OF 1900. (1) JOINT NOTE SIGNED BY THE DIPLOMATIC REPRESENTATIVES AT PEKING OF GERMANY, AUSTRIA-HUNGARY, BELGIUM, SPAIN, THE UNITED STATES, FRANCE, GREAT BRITAIN, ITALY, JAPAN, THE NETHERLANDS, AND RUSSIA, EMBODYING CONDITIONS FOR REES- TABLI8HMENT OF NORMAL RELATIONS WITH CHINA. Signed at Peking Decembek 25^, 1900. Handed to the Chinese Plenipotentiakies, Yi K'uANG (Prince Ch'ing) and Li Hung-chang, on December 24, 1900. [Translation from French.] During the months of May, June, July, and August of the present year serious disturbances broke out in the northern provinces of China and crimes unprecedented in human history — crimes against the law of nations, against the laws of humanity, and against civilization — were committed under peculiarly odious circumstances. The princi- pal of these crimes were the following: 1. On the 20th of June His Excellency Baron von Ketteler, German Minister, proceeding to the Tsungli Yamen, was murdered while in the exercise of his official duties by soldiers of the regular army, act- ing under orders of their chiefs. 2. The same day the foreign legations were attacked and besieged. These attacks continued without intermission until the 14th of August, on which date the arrival of foreign troops put an end to them. These attacks were made by regular troops, who joined the Boxers, and who obeyed orders of the Court, emanating from the Imperial Palace. At the same time the Chinese Government officially declared by its repre- sentatives abroad that it guaranteed the security of the legations. 3. The 11th of June Mr. Sugiyama, Chancellor of the Legation of Japan, in the discharge of an official mission, was killed by regulars at the gates of the city. At Peking and in several provinces foreigners were murdered, tortured, or attacked by Boxers and regular troops, and only owed their safety to their determined resistance. Their establishments were pillaged and destroyed. 4. Foreign cemeteries, at Peking, especially, were desecrated, the graves opened, the remains scattered abroad. These events led the 63 64 TREATIES AND COKVEN-TIONS "WITH CHINA AND KOREA. foreign Powers to send their troops to China in order to protect the lives of their Representatives and their nationals, and to restore order. During their march to Peking the Allied Forces met with the resist- ance of the Chinese armies and had to overcome it by force. China having recognized her responsibility, expressed her regrets, and mani- fested the desire to see an end put to the situation created by the dis- turbances referred to, the Powers have decided to accede to her request on the irrevocable conditions enumerated below, which they deem indispensable to expiate the crimes committed and to prevent their recurrence: 1. (a) Dispatch to Berlin of an extraordinary mission, headed by an Imperial Prince, to express the regrets of His Majesty the Emperor of China, and of the Chinese Government, for the murder of His Excel- lency the late Baron von Ketteler, German Minister. (h) Erection on the place where the murder was committed of a com- memorative monument suitable to the rank, of the deceased, bearing an inscription in the Latin, German, and Chiiese languages, expressing the regrets of the Emperor of China for the murder. 2. (a) The severest punishment in proportion to their crimes for the persons designated in the Imperial decree of September 25, 1900, and for those whom the Representatives of the Powers shall subsequently designate. (5) Suspension of all official examinations for five years in all the towns where foreigners have been massacred, or have been subjected to cruel treatment. 3. Honorable reparation shall be made by the Chinese Government to the Japanese Government for the murder of Mr. Sugiyama, Chan- cellor of the Japanese Legation. 4. An expiatory monument shall be erected by the Imperial Chinese Government in each of the foreign or international cemeteries which have been desecrated and in which the graves have been destroyed. 6. Maintenance, under conditions to be settled between the Powers, of the prohibition of the importation of arms as well as of material used exclusively for the manufacturing of arms and ammunition. 6. Equitable indemnities for governments, societies, companies, and private individuals, as we h as for Chines e__who^have suffered during the late events in person or in property in consequence of their being in the service of foreigners. China shall adopt financial measures acceptable to the Powers for the purpose of guaranteeing the payment of said indemnities and the interest and amortization of the loans. 7. Right for each Power to maintain a permanent guard for its legation and to put the legation quarter in a defensible, condition. Chinese shall not have the right to reside in this quarter. 8. The Taku and other forts, which might impede free communication between Peking and the sea, shall be razed. TEEATIES AND CONVENTIONS WITH CHINA AND KOKEA. 65 9. Eight of military occupation of certain points, to be determined by an understanding between the Powers, for keeping open communi- ^tion between the capital and the sea. 10. (a) The Chinese Government shall cause to be published during two years in all subprefectures an Imperial decree embodying: Perpetual prohibition, under pain of death, of membership in any antiforeign society; Enumeration of the punishments which shall have been inflicted on the guilty, together with the suspension of all official examinations in the towns where foreigners have been murdered or have been subjected to cruel treatment. (5) An Imperial decree shall be issued and published everywhere in the Empire declaring that all Governors-General, Governors, and Provincial or local officials shall be responsible for order in their respective jurisdictions, and that whenever fresh antiforeign disturb- ances or any other treaty infractions occur, which are not forthwith suppressed and the guilty persons punished, they, the said officials, shall be immediately removed and forever prohibited from holding any office or honors. 11. The Chinese Government will undertake to negotiate the amend- ments to the treaties of commerce and navigation considered useful by the Powers, and upon other subjects connected with commercial rela- tions, with the object of facilitating them. 12. The Chinese Government shall undertake to reform the Office of Foreign Affairs and to modify the court ceremonial relative to the reception of foreign Representatives in the manner which the Powers shall indicate. Until the Chinese Government have complied with the above to the satisfaction of the Powers, the Undersigned can hold out no expecta- tion that the occupation of Peking and the province of Chihli by the general forces can be brought to a conclusion. Peking, December 22, 1900. For Germany, A. Mumm. For Austria-Hungary, M. Czikann. For Belgium, , Joostens. For Spain, B. J. de Cologan. For United States of America, E. H. Congek. For France, S. Pichon. For Great Britain, Ernest Satow. For Italy, Salvago Raggi. For Japan, T. Nissi. For Netherlands, E. M. Knobel. For Russia, Michel de Gieks. 27938—04 5 66 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. (2) REPLY OF THE CHINESE PLENIPOTENTIARIES TO THE JOINT NOTE OF DECEMBER 22, 1900. Peking, January 16, 1901. [Translation.] Under date of December 24, 1900, the Plenipotentiaries of Germany, Austria-Hungarj^, Belgium, Spain, the United States, France, Great Britain, Italy, Japan, the Netherlands, and Russia, have sent Us the following Note: (The Joint Note is here quoted textually and in its entirety): We hastened to transmit the full text of this note to His Majesty the Emperor who, having taken cognizance of it, rendered the follow- ing decree: " We have taken cognizance of the whole of the telegram of Yi K'uang and Li Hung-chang. It behooves Us to accept, in their entirety, the twelve articles which they have submitted to Us." Consequently, we, Ch'ing, Prince of the first rank, Plenipotentiary, President of the Council of Foreign Affairs, and Li, Earl of the first rank, Su-yi, Plenipotentiary, Tutor to the Heir Apparent, Grand Sec- retary of the Wen-hua tien Throne Hall, Minister of Commerce, Superintendent of trade for the northern ports. Governor General of Chih-li, Declare that we accept in their entirety the twelve articles which we have been requested to insure the transmission of to His Majesty the Emperor. In witness of which we have signed the present protocol and we transmit to the foreign Plenipotentiaries a copy of the Edict of His Majesty the Emperor, bearing the Imperial Seal. It is understood that in case of disagreement, the French text shall be authoritative. Peking, 16 January, 1901. (Signed) Yi K'uang (Prince Ch'ing). [l. s.] Li (3) PINAL PROTOCOL SIGNED ON COMPLETION OF NEGOTIATIONS. Signed at Peking September 7, 1901. [Translation from French.] The Plenipotentiaries of Germany, His Excellency M. A. Mumm von Schwarzenstein; of Austria-Hungary, His Excellency M. M. Czikann von Wahlborn; of Belgium, His Excellency M. Joostens; of Spain, His Excellency M. B. J. de Cologan; of the United States, His Excellency M. W. W. Eockhill; of France, His Excellency M. Paul Beau; of Great Britain, His Excellency Sir Ernest Satow; of TREATIES AND CONVEKTIONS WITH CHINA AND KOEEA. 67 Italy, His Excellency Marquis Salvage Raggi; of Japan, His Excel- lency M. Jutaro Komura; of the Netherlands, His Excellency M. F. M. Knobel; of Russia, His Excellency M. M. de Giers; and of China, His Highness Yi-K'uang Prince K'ing of the first rank. President of the Ministry of Fof eign Affairs, and his Excellency, Li Hung-chang, Earl of Su-yi of the first rank. Tutor of the Heir Apparent, Grand Secretary of the Wen-hua Throne Hall, Minister of Commerce, Superintendent of Northern Trade, Governor-General of Chihli, have met for the purpose of declaring that China has complied to the satisfaction of the Powers with the conditions laid down in the Note of the 22nd of December, 1900, and which were accepted in their entirety by His Majesty the Emperor of China in a Decree dated the 27th of Decem- ber 1900. (Annex No. 1) Article l" By an Imperial Edict of the 9th of June, last, (Annex No. 2), Tsai Feng, Prince Chiin, was appointed Ambassador Expiatory mis- ^f jj^g Maiestv the Emperor of China, and directed in siou to Berlin. . tt- -««• • i /-i that capacity to convey to His Majesty the German Emperor the expression of the .regrets of His Majesty the Emperor of China and of the Chinese Government for the assassination of His Excellency the late Baron von Ketteler, German Minister. Prince Chun left Peking the 12th of July last to carry out the orders which had been given him. Article P The Chinese Government has stated that it will erect on the spot of the assassination of H. E. the late Baron von Ketteler Expiatory menu- ^ . , j.i. £ 1.1. -1 £ ment to Baron von a commemorative monument, worthy ot the rank or Ketteler. ^^jjg deceased, and bearing an inscription in the Latin, German and Chinese languages, which shall express the regrets of H. M. the Emperor of China for the murder committed. Their Excellencies the Chinese Plenipotentiaries have informed His Excellency the German Plenipotentiary, in a letter dated the 22nd of July, last, (Annex No. 3) that an arch of the whole width of the street would be erected on the said spot, and that work on it was begun the 25th of June, last. Article H"^ Imperial Edicts of the 13th and 21st of February, 1901 (Annexes Punishments in- Nos. 4, 5 and 6), inflicted the following punishments flicted on principal on the principal authors of the outrages and crimes ^^ges" °^ *""*" committed against the Foreign Governments and their nationals : Tsai-1 Prince Tuan, and Tsai Lan Duke Fu-kuo, were sentenced to 68 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. be brought before the Autumnal Court of Assize for execution, and it was agreed that if the Emperor saw fit to grant them their lives, they should be exiled to Turkestan and there imprisoned for life, without the possibility of commutation of these punishments. Tsai Hsixn Prince Chuang, Yiijg-Nien, President <^f the Court of Censors, and Chao Shu-chiao, President of the Board of Punishments, were condemned to commit suicide. Yii Hsien, Governor of Shanhsi, Ch'i Hsiu, President of the Board of Rites, and Hsii Cheng-yu, formerly Senior Vice President of the Board of Punishments, were condemned to death. Posthumous degradation was inflicted on Kang Yi, Assistant Grand Secretary, President of the Board of Works, Hsii Tung, Grand Sec- retary, and Li Ping-heng, formerhr Governor General of Szu-ch'uan. i» An Imperial Edict of February 13th, 1901 (Annex No. 7) rehabili- tated the memories of Hsii Yung-yi, President of the Eehabilitationof go^rd of War, Li Shan, President of the Board of aeceased officials. Works, Hsii Ching-cheng, Senior Vice President of the Board of Works, Lien Yuan, Vice Chancellor of the Grand Coun- cil, and Yuan Chang, Vice President of the Court of Sacrifices, who had been put to death for having protested against the outrageous breaches of International law of last year. Prince Chuang committed suicide the 21st of February, 1901, Ying Men and Chao Shu-chiao the 24th, Yu Hsien was executed the 22nd, Ch'i Hsiu and Hsii Cheng-yu on the 26th. Tung Fu-hsiang, General inKan-su, has been deprived of his office by Imperial Edict of the 13th of February, 1901, pending the determination of the final punishment to be inflicted on him. Imperial Edicts dated the 29th of April and 19th of August 1901, have inflicted various punishments on the provincial officials convicted of the crimes and outrages of last Summer. Article II '' An Imperial Edict promulgated the 19th of August, 1901 (Annex Suspension of ^O- 8), ordered the suspension of official examinations official examina- for five years in all cities where foreigners were mas- sacred or submitted to cruel treatment. Article III So as to make honorable reparation for the assassination of Mr. Sugiyama, Chancellor of the Japanese Legation, His sion'^to JapL"""' Majesty the Emperor of China by an Imperial Edict of the 18th of June 1901 (Annex No. 9), appointed Na Tung, Vice President of the Board of Finances, to be his Envoy Extraordinary and specially directed him to convey to His Majesty the TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 69 Emperor of Japan the expression of the regrets of H. M. the Emperor of China and of his Government at the assassination of the late Mr. Sugiyama. Article IV The Chinese Government has agreed to erect an expiatory monu- Expiatory mon- ™^°* ^^ ^^^h of the foreign or international ceme- uments in dese- teries which Were desecrated and in which the tombs crated cemeteries, were destroyed. It has been agreed with the Representatives of the Powers that the Legations interested shall settle the details for the erection of these monuments, China bearing all the expenses thereof, estimated at ten thousand taels for the cemeteries at Peking and in its neighborhood, and at five thousand taels for the cemeteries in the provinces. The amounts have been paid and the list of these cemeteries is enclosed herewith. (Annex No. 10). Akticle V. China has agreed to prohibit the importation into its territory of Prohibition of ^^^ms and ammunition, as well as of materials exclu- importation of sively used for the manufacture of arms and ammu- arms, etc. ^.^.^^_ » An Imperial Edict has been issued on the 25th of August, 1901, (Annex No. 11), forbidding said importation for a term of two years. New Edicts may be issued subsequently extending this by other successive terms of two years in case of necessity recognized by the Powers. Article VI. By an Imperial Edict dated the 29th of May, 1901 (Annex No. 12), His Majesty the Emperor of China agreed to pay the Indemnity to the Powers an indemnity of Four hundred and fifty mil- lions of Haikwan taels. > This sum represents the total amount of the indemnities for StatesX Companies or Societies, private individuals and Chinese referred to inA Article VI of the Note of December 22nd, 1900. (a) These Four hundred and fifty millions constitute a gold debt Amount of in- calculated at the rate of the Haikwan Tael to the gold demnity. currency of each country, as indicated below. Haikwan Tael= marks 3. 055 ■= Austro-Hungary crown 3. 595 =gold dollar _ 0.742 =francs 3- 750 =pound sterling 0. 3a Od =yen 1-407 =Netherlands florin 1.796 =gold rouble (17.424 dolias fine) ..... 1. 412 70 TEEATIES AND CONVENTIONS WITH CHINA AND KOREA. This sum in gold shall bear interest at 4 per cent, per annum, and the capital shall be reimbursed by China in thirty-nine Interest and re- ygars, in the manner indicated in the annexed plan of imbnrsement. j ■> ,^.,n.ii amortization. (Annex No. 13). Capital and interest shall be payable in gold or at the rates of exchange corresponding to the dates at which the different payments fall due. The amortization shall commence the 1st of January, 1902, and shall finish at the end of the year 1940. The amortizations m»r iza ion. ^^.^ payable annually, the first payment being fixed on the 1st of January, 1903. Interest shall run 'from the 1st of July, 1901, but the Chinese Gov- ernment shall have the right to pay off' within a term of three years beginning January 1902 the arrears of the first six months ending the 31st of December 1901, on condition, however, that it pays compound interest at the rate of four per cent, per annum on the sums the payments of which shall have thus been deferred. Interest shall be payable semi-annually, the first payment being fixed on the 1st of July 1902. (b) The service of the debt shall take place in Service of debt, rji i_ ■ • j.i. j; n bhanghai, in the lollowing manner: Each power shall be represented by a delegate on a commission of „ . . , bankers authorized to receive the amount of interest Commission of bankers. Its dn- and amortization which shall be paid to it by the Chi- ^''^' nese authorities designated for that purpose, to divide it among the interested pai-ties and to give a receipt for the same. (c) The Chinese Government shall deliver to the Doyen of the Diplomatic Corps at Peking a bond for the lump sum, which shall subsequently be converted into fractional bonds bearing the signa- . tures of the delegates of the Chinese Government designated for that \ purpose. This operation and all those relating to issuing of the bonds shall be performed by the above mentioned commission, in accordance with the instructions which the Powers shall send their " delegates. (d) The proceeds of the revenues assigned to the payment of the bonds shall be paid monthly to the Commission. (e) The revenues assigned as security for the bonds are the following: !!=„.«„«= o= 1- The balance of the revenues of the Imperial signed as security Maritime Customs after payment of the interest and for bonds. amortization of preceding loans secured on these reve- nues, plus the proceeds of the raising to five per cent, effective of the present tariff on maritime imports, including articles until now on the free list, but exempting foreign rice, cereals, and flour, gold and silver bullion and coin. 2. The revenues of the Native Customs, administered in the open ports by the Imperial Maritime Customs; TREATIES AND CONVENTIONS WITH CHINA AND KOREA, 71 3. The total revenues of the salt gabelle, exclusive of the fraction previously set aside for other foreign loans. The raising of the present tariff on imports to five per cent, effective is agreed to on the conditions mentioned below. It iff on hnportB *"" ®^ ^® P'^* ^^ force t-wo months after the signing »of the present protocol, and no exceptions shall be made except for merchandise shipped not more than ten days after the said signing. 1. All duties levied on imports ad valorem shall be converted as far as possible and as soon as may be into specific duties. toKvied.^"*'*' "^^^^ conversion shall be made in the following man- ner: The average value of merchandise at the time of their landing during the three years 1897, 1898 and 1899, that is to say, the market price less the amount of import duties and incidental expenses shall be taken as the basis for the valuation of merchandise. Pending the result of the work of conversion, duties shall be levied ad valorem,. , , 2. The beds of the Rivers Peiho and Whangpoo Improvement of , , Peiho and Whang- shall be improved with the financial participation of poo channels. China. Article VJI The Chinese Government has agreed that the quarter occupied by the Legations shall be considered as one specially ftuarter for le- reserved for their use and placed under their exclusive control, in which Chinese shall not have the right to reside and which may be made defensible. The limits of this quarter have been fixed as follows on the annexed plan: (Annex No. 14) On the West, the line 1, 2, 3, 4, 5 On the North, the line 6, 6, 7, 8, 9, 10 On the East, Ketteler Street (10, H, 12) On the South the line 12.1, drawn along the exterior base of the Tartar Wall and following the line of the bastions. In the Protocol annexed to the letter of ihe 16th of January, 1901, China recognized the right of each Power to maintain a permanent guard in the said quarter for the defense of its Legation. Article VIII The Chinese Government has consented to raze the forts of Taku and those which might impede free communication Bazing of forts, ^fj^^^ggp Peking and the sea; steps have been taken for carrying this out. 72 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. .Article IX The Chinese Government has conceded the right to the Powers in „ . ^ ^ the Protocol annexed to the letter of the 16th of Jan- romts to be oc- • • j. i i j. • j oupied militarily uary 1901 to occupy certain points, to be aetermmea by powers. ^y ^^ agreement between them for the maintenance of open communication between the capital and the sea. The points occupied by the Powers are: Huang-tsun, Lang-fang, Yang-tsun, Tien-tsin, Chun-liang Cheng, Tong-ku, Lu-tai, Tong-shan, Lan-chou, Chang-li, Ch'in-wang Tao, Shan-hai Kuan. Article X The Chinese Government has agreed to post and to have published during two years in all district cities the following Publication of Imperial Edicts: (a) Edict of the 1st of February, 1901 (Annex No. 15), prohibiting for ever, under pain of death, membership in any anti- foreign society. (b) Edicts of the 13th and 21st February, 29th April and 19th August, enumerating the punishments inflicted on the guilty; (c) Edict of the 19th August, 1901, prohibiting examinations in all cities where foreigners were massacred or subjected to cruel treatment. (d) Edict of the 1st of February, 1901 (Annex No. 16) declaring all Governors-General, Governors and Provincial or local officials respon- sible for order in their respective districts, and that in case of new anti-foreign troubles or other infractions of the treaties which shall not be immediately repressed and the authors of which shall not have been punished, these officials shall be immediately dismissed without possibility of being given new functions or new honors. The posting of these Edicts is being carried on throughout the Empire. Article XI The Chinese Government has agreed to negotiate the amendments » vision of deemed necessary by the Foreign Governments to the treaties of com- Treaties of Commerce and Navigation and the other ^^^''^- subjects concerning commercial relations with the object of facilitating them. At present, and as a result of the stipulation contained in Article t f ^■"^ concerning the indemnity, the Chinese Govern- conrses of Peiho ment agrees to assist in the improvement of the courses and Whangpoo. ^f ^jig rivers Peiho and Whangpoo, as stated below. (a) The works for the improvement of the navigability of the Peiho, begun in 1898 with the co-operation of the Chinese Government, have TREATIES AND CONVENTIONS WITH CHINA AND KOBE A. 73 been resumed under the direction of an International Commission. As soon as the administration of Tientsin shall have been handed back to the Chinese Government it will be in a position to be represented on this Commission, and will pay each year a sum of Sixty thousand Haikwan Taels for maintaining the works. (b) A Conservancy Board, charged with the management and con- trol of the works for straightening the Whangpoo servancy^board!'"' ^"^ ^^^ improvement of the course of that river is hereby created. This Board shall consist of members representing the interests of the Chinese Government and those of foreigners in the shipping trade of Shanghai. The expenses incurred for the works and the general management of the undertaking are estimated at the annual sum of Four hundred and sixty thousand Haikwan Taels for the first twenty years. This sum shall be supplied in equal portions by the Chinese Government and the foreign interests concerned. Detailed stipulations concerning the composition, duties and revenues of the Conservancy Board are embodied in Annex No. 17. Article XII An Imperial Edict of the 24th of July 1901 (Annex No. 18), reformed the Office of Foreign Affairs, Tsung-li YamSn, on the of for"i|roffiee°" li^^s indicated by the Powers, that is to say, trans- formed it into a Ministry of Foreign Affairs (Wai-wu Pu), which takes precedence over the six other Ministries of State; the same Edict appointed the principal members of this Ministry. An agreement has also been reached concerning the modification of Court ceremonial as regards the reception of Foreign niai'arandien^s." Representatives and has been the subject of several notes from the Chinese Plenipotentiaries, the substance of which is embodied in a memorandum herewith annexed (Annex No. 19). Finally, it is expressly understood that as regards the declarations specified above and the annexed documents originating thJritattve.^''* ^"^ "^^^^ *^® Foreign Plenipotentiaries, the French text only is authoritative. The Chinese Government having thus complied to the satisfaction of the Powers with the conditions laid down in the ^^ Dates of evaona- ^^^^^ mentioned Note of December 22nd, 1900, the Powers have agreed to accede to the wish of China to terminate the situation created by the disorders of the summer of 1900. In consequence thereof the Foreign Plenipotentiaries are authorized to declare in the names of their Governments that, with the exception of the Legation guards mentioned in Article VII, the International 74 TREATIES AND CONVENTIOKS WITH CHINA AND KOREA. troops will completely evacuate the City of Peking on the 17th Sep- tember, 1901, and, with the exception of the localities mentioned in Article IX, will withdraw from the Province of Chihli on the 22d of September 1901. The present final protocol has been drawn up in twelve identic copies and signed by all the Plenipotentiaries of the contracting countries One copy shall be given to each of the Foreign Plenipotentaries, and one copy shall be given to the Chinese Plenipotentiaries. Peking, 7th September 1901. A. v. MUMM M. CZIKANN joostens b. j. de cologan w. w. eookhill .Beau Ernest Satow Salvado Raggi jutako komuea M. DE GlEKS Signatures and of Chinese Plenipotentiaries. Annex No. 1. IMPERIAL EDICT OF THE 27TH DECEMBER, 1900. [Translation.] [Seal of the Emperor.] The 6th day of the 11th moon of the 26th year of Kuang-hsu (27 December, 1900), the following Edict was rendered: "We have taken cognizance of the whole telegram of Yi-K'uang and Li Hung-chang. It is proper that We accept in their entirety the twelve articles which they have submitted to us."' "Respect this!" Annex No. 2. IMPERIAL EDICT OF THE 9TH OP JUNE, 1901. [Translation.] " We confer on Tsai Feng, Prince Ch'iin of the first rank, the title of Ambassador extraordinary, and We direct him to proceed to Ger- many to respectfully discharge the mission which We confide to him. " Chang Yi, reader of the Grand Chancellery, and Yin Ch'ang, mili- tary Lieutenant-Governor, shall accompany him as secretaries. "Respect this!" TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 75 Annex No. 3. DESPATCH OF PRINCE CH'ING AND OP LI HUNG-OHANG OP THE 22 JULY, 1901, TO HIS EXCELLENCY M. DE MUMM, GERMAN PLENIPO- TENTIARY. [Translation.] [OfHclal reply.] On the 3d day of the 5th moon of the present year (18th of June 1901), We have received from Your Excellency the following official communication : "Messrs. Jui-liang, secretary, and Lien-fang, expectant taotai, delegates entrusted with carrying out Article I of the Joint Note pro- viding for the erection of a commemorative monument on the place of the assassination of Baron von Ketteler, former Minister of Germany, commenced some time ago the discussion of the subject with my Lega- tion, and have taken up the question of the plan of this monument. " During frequent conversations they have stated that if it were necessary that a commemorative arch in marble, from Ta-li and extending the whole width of the avenue of Ch'ung-wen-men, should •be erected on the spot of the assassination, the work would require a great deal of time, in view of the difficulty in transporting the mate- rials; but as to adopting some other means, either of transferring to the place of the assassination an archway erected at the present time in some other spot, or of putting up a new arch, or of using an old archway to be transported to the place, they left this to the determi- nation of my Government. " I at once telegraphed my Government to inform me of its views. " The reply which I have just received informs me that His Majesty the Emperor of Germany has himself decided that a new archway extending across the whole width of the street should be put up. "I have consequently to urgently request you to take immediate steps, so that the work may begin at once." We, Prince and Minister, have at once directed the said secretary and taotai to act in conformity. According to the report which they have sent us, " the work was begun on the 10th day of the 5th moon (25th of June) by the foundations. But a certain length of time is necessary for getting out the stone, cutting it and for the transportation of mate- rials; and the only thing that can be done is to watch that the workmen use their best endeavors to carry on promptly the work." Besides having directed that We should be kept informed of the exe- cution of the work, We deem it necessary to send the present official reply to Your Excellency, requesting you to take note of it. 76 TBEATIES AND CONVENTIONS WITH CHINA AND KOEEA. Annex No. 4. IMPERIAL EDICT OF THE 13TH OF FEBEUAEY, 1901. [Translation.] Since the 6th moon (end of May) the Boxers have created trouble in the capital and have begun hostilities against friendly countries. Yi-K'uang and Li Hung-chang are negotiating for peace at Peking with Representatives of the Powers, and a whole preliminary arrange- ment has already been signed. (If) "We consider the commencement of these events, we find that they are attributable to several stupid Princes and Ministers, insane, absolutely ignorant, turbulent, and who have ignored the laws. They had most absolute confidence in pernicious methods and have led on the Court. Not only did they refuse to obey Our orders to exterminate the BoxerS; but they have been so far as to believe in them, and, stu- pidly, they began to attack (the Legations). So it was that this evil fire spread abroad, and circumstances did not permit of its being stopped, several tens of thousands of evil-doers having assembled at the elbow and the armpit (that is to say, at the most important points). Further- • more, the leaders forced generals and ignorant soldiers to attack the Legations, and so it befell that inconceivable evils persisted for sev- eral months. The tutelary deities of the Empire have been in danger, the Impe- rial tombs and the temples of Ancestors have trembled, the country has been devastated; the inhabitants are plunged in misery. No words can express the dangers which We and H. M. the Empress Dowager have been exposed to. Our heart and Our head are still painful; Our tears and Our resentment are confounded. It is to you, Princes and Ministers, who, by believing in evil words and allowing evil-doers free hand, have put in danger in Heaven our Ancestors and Our gods, and who here below have caused the people to endure these calamities. Do you ask what punishments you deserve? We have already issued two decrees. But, considering that such light punishment for such grievous faults could not be sufficient to make you expiate your crimes, We must impose upon you new and more severe punishments according to your degree of guilt. Tsai-Hsiin, Prince Chuang, already degraded, allowed the Boxers to attack the Legations. He, on his own authority, published procla- mations contrary to the treaties; he lightly believed the statements of evil-doers; he unlawfully caused to be decapitated a great number of persons; he has shown himself, of a truth, vulgar and stupid. We invite him, as a favor, to commit suicide. We direct Ko-pao-hua, acting president of the Court of Censors, to go and see (that the suicide has taken place). Tsai-I, Prince Tuan, already degraded, led away with him several Princes and Peilo (Princes of the 3d class). He foolishly gave heed TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 77 to the Boxers and stupidly advised fighting. So all these troubles broke out; his faults, of a truth, can not be ignored. Tsai-Lan, Duke Fu-kuo, reduced in rank, in concert with Tsai-Hsiin, foolishly pub- lished proclamations contrary to the treaties. He should also be pun- ished for his faults. We deprive them of their nobiliary titles, but, considering that they belong to our family, we order, by special act of grace, that they be sent to Hsin-chiang (Hi) where they shall be condemned to prison for life. Deputies shall be at first sent to watch them. Yii-Hsien, degraded" governor, foolishly believed, when formerly discharging the duties of governor in Shantung, in the charms of the Boxers. Arriving in Peking, he extolled them so highly that several Princes and Ministers fell under his evil influence. Being governor of Shansi, he massacred a great number of missionaries and Christians. He is worse than an imbecile, than a fool, than a murderer; he is the chief culprit and the author of all these calamities. He has already been sent to Hsin-chiang, and, believing that he has arrived in Kan-su, We order that, on the receipt of the order which We send, he shall be at once beheaded. We direct the Provincial Judge Ho Fu-kun to see that the penalty is carried out. Kang-Yi, Assistant Grand Secretary of State, President of the Board of Works, having lent his aid to the Boxers, serious disturbances broke out. He aided in publishing proclamations contrary to the treaties. A severe punishment was to have been inflicted on him at first, but he has died of disease. We order that the honors which he previously held shall be withdrawn from him and that he be at once degraded. Tung Fu-hsiang, general in Kan-su, degraded but retained in ofiice, entered (Peking) to defend (the city) with the troops under his orders; he was unable to maintain strict discipline. Ignorant, furthermore, of international questions, he followed his ideas and acted in an incon- siderate manner. Although the attacks on the Legations were ordered him by the above degraded Princes, it is nevertheless difficult to absolve him of all faults. We intended in the first instance to have punished him severely, but, considering the signal services he has rendered in Kan-su and the sympathy felt for him by Mussulman and Chinese, as an act of extraordinary grace. We order that he shall be immediately degraded. Ying-Nien, President of the Court of Censors, reduced in rank and displaced, opposed Tsai-Hsiin publishing on his own authority procla- mations contrary to the treaties. W^e may make due allowance for this circumstance, but as he was not able to overcome (this resistance) by force, it is, after all, difficult to absolve him. We order, as a mark of great benevolence, that he be degraded. We condemn him to death, and he shall await in prison that his case be passed on. 78 TREATIES AND CONVENTIONS WITH CHINA AND KOELA. Chao Shu-chiao, President of the Board of Punishments, degraded and retained in office, had never shown till then any unfriendly feeling in relations with the Foreign Powers. Having made a report on the Boxers, he said nothing in their favor, but through his negligence faults ^ were made. We order, as a special act of grace, that he be degraded. We condemn him to death, and he will await in prison that his case be passed on. We command that Ying-Nien and Chao Shu-chiao be in the first place confined in the prison of the capital of Shensi. Hsii Tung, Grand Secretary of State, and' Li Ping-heng, former Governor-General of Sze-chuan, reduced in rank and displaced, died for their country, but everyone knows their faults. We order that they be degraded, and We deprive them of the posthumous honors which We had conferred on them. After the promulgation of this decree all our friendly nations should recognize that the events caused by the Boxers are in truth only attrib- utable to the principal authors of trouble and in no wise to the wishes of the Court. We, the Emperor, not lightly punishing several of the principal authors of trouble, the officials and the people of the Empire will understand at once that the consequences of such acts are most serious. "Respect this!" Annex No. 6. IMPERIAL EDICT OF THE 13 FEBRUARY, 1901. [Translation.] Ch'i Hsiu, President of the Board of Rites, and Hsii Cheng-yu, for- merly senior Vice-President of the Board of Punishments, are in the first place to be degraded. We order Yi K'uang and Li Hung-chang to obtain exact proof of their guilt and to send Us at once a report. They shall be punished with the greatest severity. " Respect this!" Annex No. 6. IMPERIAL EDICT OF THE 21 FEBRUARY, 1901. [Translation.] Edict published and sent telegraphically the 3rd day of the 1st moon (21 February, 1901), and received on the 4th by the Grand Chancellery. "By a former Edict We had already severely punished, according to the several cases, all the high officials, the principal authors of the present misfortunes. But We received some time ago a telegraphic TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 79 report from Yi-K'uang and Li Hung-chang telling Us that, according to an official despatch from the Ministers Plenipotentiary of the vari- ous Powers, new and severer punishments were necessary, and begging Us to, take action. "Besides Tsai-Hsun, who has been ordered to commit suicide, and Yii-Hsien, against whom has been pronounced the penalty of imme- diate decapitation, and for each of whom deputies have been ordered to go see that (the sentences have been carried out), We (^ecide that the penalty to be inflicted on Tsai-I (Prince Tuan) and Tsai-Lan (Duke Lan) is decapitation with reprieve; nevertheless, in view of the rela- tionship in which they stand to Us, We show them the special act of grace of sending them to the frontier of the Empire, in Turkestan, where they shall be imprisoned for life. A deputy to take them under escort shall be designated, and shall leave at once. "As to Kang-Yi, whose crimes were greater, the penalty should have been immediate decapitation, but as he has already died of disease, as an act of grace, he shall be spared further inquiry into his case. "As regards Ying-Nien and Chao Shu-chiao, whose punishments, according to Our former decisions, were to have been decapitation with reprieve, We command that they be requested to commit suicide, and We direct Ch'en Ch'un-huan, Governor of Shan-si, to go and verify (their deaths). "As to Ch'i Hsiu and Hsii Cheng-yu, whom the Powers designate as the most ardent protectors of the Boxer bandits, and as having most particularly done harm to foreigners. We had previously ordered their degradation; We (now) order Yi-K'uang and Li Hung-chang to ask the Powers, by despatch, for their surrender, and to have them executed at once. One of the Presidents of the Board of Punishments shall be directed to verify (their execution). "As to Hsii Tung, who compromised the great general interests by putting his confidence in the Boxers, and Li Ping-heng, whose brag- ging ways directly brought about these misfortunes, the punishment which should have been theirs was decapitation with reprieve; but taking into consideration the fact that they committed suicide when they saw the disaster coming, and that they have already been degraded, and that the posthumous honors which had been granted them have been annulled and withdrawn, it is needless to take up their cases. "The nature of the crimes committed by all the^principal authors of the wrong has been set forth in a clear and detailed way in previous decrees. "Kespectthis!" 80 tbeaties and conventions "with china and korea. Annex No. 7. IMPERIAL EDICT OF THE 13TH FEBRUARY, 1901. [Translation.] "The trouble brought about by the Boxers durmg the 5th moon (May- June) having spread from day to day, the Court had two diffi- cult methods to adopt — to take coercitive measures or to pacify them. In the hope that a line of conduct would be shown Us the Ministers were several times called in audience. "We have repeatedly questioned Hsii Yung-yi, President of the Board of War, Li-Shan, President of the Board of Finance, Hsii Ching- cheng, senior vice-President of the Board of Works, Lien-Yuan, vice- Chancellor of the Grand Council, Yuan-Chang, vice-President of the Court of Sacrificial Worship. " In their speech and in their mind all admitted that the two methods were possible. Several Ministers, instigators of trouble, availing themselves of this fact, unjustly accused them, handed in memorials in which they denounced them. So it came about that they were severely punished in their persons. " But considering that Hsii Yung-yi and the others showed great zeal for many years and have always had charge of international questions, that they may have been faithful, and that they had shown themselves industrious, We should grant them a favor. "We command that Li-Shan, Hsii Yung-yi, Hsii Ching-cheng, Lien- Yuan, and Yuan-Chang be restored to their former honors. " Let the ministry concerned be informed." "Eespectthis!". Annex No. 8. IMPERIAL EDICT OF THE 19TH AUGUST, 1901. [Translation.] Edict received by the Grand Chancellery the 6th day of the 7th moon of the 27th year Kuang-hsii (19 August, 1901). " Considering the report of this day by which Yi-K'uang and Li Hung-chang inform Us that the foreign Powers have decided on the suspension during five years of civil and military examinations in the localities where troubles have taken place; " Considering that it is declared that this suspension shall remain applicable to the local examinations for licentiates of Shun-t'ien and of T'ai-yuan ; " Considering the list comprising the localities of — "Province of Shan-si: T'ai-yuan Fu, Hsin-chou, Tai-ku Hsien, Ta-t'ung Fu, Fen-chou Fu, Hsiao-i Hsien, Ch'u-wo Hsien, Ta-ning TREATIES AND OONVENTIONS WITH OHITSTA AND KOREA. 81 Hsien, Ho-ching Hsien, Yiieh-yang Hsien, So-p'ing Fu, Wen-shui Hsien, Shuo-yang Hsien, P'ing-yang Fu, Ch'ang-tzu Hsien, Kao-p'ing Hsien, Tse-chou Fu, Hsi Chou, P'u Hsien, Chiang-chou, Kuei-hua Ch'eng, Sui-yuan ch'eng; "Province of Ho-nan; Nan-yang Fu, Kuang-chou; "Province of Che-chiang: Ch'ii-chou Fu; "Province of Chih-li; Pei-ching, Shun-t'ien Fu, Pao-ting Fu, Yung-ching Hsien, T'ien-ching Fu, Shun-te Fu, Wang-tu Hsien, Huai-lu Hsien, Hsin-ngan Hsien, T'ung-chou, Wu-i Hsien, Ching- chou, Luan-ping Hsien: " Three provinces of Manchuria: Sheng-ching (=Mukden), Chia-tzu- ch'ang, Lien^shan, Yu-ch'ing-chieh, Pei-lin-tzu, Hu-lan Ch'eng; "Province of Shen-si: Ning-chiang Chou; "Province of Hu-nan: Heng-chou Fu; "We command that in all these localities civil and military exami- nations shall be suspended during a period of five years, and We order all governors-general, governors, and examiners of the aforesaid prov- inces, to act in conformity and to publish proclamations." "Respeotthis!" Annex No. 9. IMPERIAL EDICT OF 18TH OF JUNE, 1901. [Translation.] Edict received by telegraph from Hsi-an-Fu the 3d day of the 5th moon (18th of June, 1901): We confer on Na Tung, second Vice-President of the Board of Finances, the official button of the first rank, and we designate him as special Envoy to go to Japan and to there respectfully discharge the mission We entrust to him. "Eespectthis!" Annex No. 10. LIST OF CEMETERIES SITUATED IN THE NEIGHBORHOOD OF PEKING AND WHICH HAVE BEEN DESECRATED. British cemetery One French cemeteries rive Russian cemetery Q°^ Total Seven 27938—04 6 82 treaties and conventions with china and korea. Annex No. 11. IMPEEIAL EDICT OF THE 25TH OF AUGUST, 1901. [Translation.] We command all Tartar Generals, Governors General, and Governors of provinces, as well as the Customs taotais, to forbid, in the first place for a period of two years, the importation of implements of war as well as of material serving exclusively in their manufacture and of foreign origin. Inform the ministry concerned. "Respect this!" Annex No. 12. DESPATCH OF PKINGE CH'ING AND LI HUNG-CHANG TO M. DE COLOGAN, MINISTER OF SPAIN, DOYEN OF THE DIPLOMATIC BODY (29 MAY, 1901). [Translation.] The 12th day of the 4th moon of the 27th year of Kuang-hsii (29th May, 1901). Official Reply. The Tth day of the 4th moon of the present year (24 May, 1901,) we received from Your Excellency the following official despatch: "I have the honor to acknowledge to Your Highness and Your Excellency receipt of the letter which you were pleased to send me in reply to my communication dated May 7th concerning the indemnities. In the letter to which Your Highness and Your Excellency have just replied we informed you that the approximate figure of the expenses incurred and of the losses sustained by the Powers amounted to the sum of 450 millions of taels, calculated to the 1st of July of the current year. "In reply to this communication Your Highness and Your Excel- lency have informed me that the Chinese Government proposed to pay off this sum to the powers by monthly payments of 1,250,000 taels during 30 years. "The Representatives of the Powers have not failed to transmit this proposal to their Governments. But they must call the attention of Your Highness and Your Excellency to the fact that the total of the payments proposed by the Chinese Government only represents the capital of the sum mentioned, without the question of interest having been taken account of. "I consequently beg Your Highness and Your Excellency to be so kind as to inform us as soon as possible of the intention of the Chinese Government in this respect. " In considering in a previous despatch the question of indemnities, we explained to Your Excellency the penury of the Chinese treasury. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 83 In your last communication Your Excellency is pleased to call our attention to the fact that the annual payments of fifteen millions of taels which we proposed only represent the capital, and you now call our attention to the question of interest. As we, on our side, had already considered that besides the capital there also had to be taken into consideration the question of annual interest at 4 per cent, we had already, by telegram, submitted to the Throne proposals on this subject, and in reply we have received an Imperial Edict, stating that "the figure of four hundred and fifty mil- lions of indemnities to be paid the Powers, with interest at i per cent, is approved," and we are commanded to take the necessary measures to carry out this decision. We have, therefore, only to comply with the orders of the Throne. Nevertheless this obliges us to recall to Your Excellency that the financial resources of China are so restricted that nothing more can be taken from them possibly beyond the fifteen millions of taels which we have already proposed to Your Excellency to devote specially to the payment of indemnities, but as this sum must not only furnish payment of the capital, but also that of interest, we have no other alternative to propose than to prolong the term of payments, which we had in the first place fixed at 30 years, in such a way that the instalments paid during the first period of this term thus extended shall be considered as destined to extinguish the capital, while those made during the second period shall be applied to liquidating the interest account, after which all payments would cease through the extinction of the debt. The Imperial Maritime Customs, already entrusted as we suggested, with the payments of the capital, would likewise be entrusted with the payments on account of interest. As to the amount of the annual interest, it would be understood that it would decrease propor- tionately every year, according to the progressive reduction of the capital. We have the honor to request Your Excellency to kindly inform us what you think of the plan we suggest above to pay off both capital and interest, or if in your opinion it would not be better to consider a portion of the fifteen millions paid annually as an instalment on the capital to be paid off, and the balance as an instalment on the interest. These details require a careful examination, and demand a previous and full understanding between the parties. China having thus shown its good will in assenting to the demands of the Powers on the question of the indemnity, and in taking all the necessary steps to insure an integral payment of it, we hope to have soon the satisfaction of learning that the Powers are in a position to fix an early date for the evacuation. We have the honor to request Your Excellency to kindly communi- cate the above to the Eepresentatives of the Powers. 84 TREATIES AND CONTENTIONS WITH CHINA AND KOEEA. ^ X m ^ ^ o o o «=-ll. H aa'So d"" case's lova gc sg . c3 2 a 0) V MS S'^ ?S . S S H OS Ol CO CC to CO CO CO M CO ... , ClOCQMMcaOiOiOSCSQOCOQOOOOOQOOOOOOiOOOOOOOOOQOOOOO OSl>iOCilC-100^D10>COO»0»ffiOSOsOsOiOSOSOSOsOsOsOaO 03C0C0C0C0C0QQOOO 23^^^SS23'^^"^'^'~'*^*^'^'^'^S2'^|3^23'^^?2'^'^'^'^?35J^d?« 22222S'='<='C''="=><=»'="=><=>oooooooooooooooc 2222Q2220220SOC3^ooo^ooooooooooc oooo^oooooooooooooooooooooooooc oooo oooo oooo oo oo coco - - g- :: r :: wz : i "3: a o^dg«.S O. O o3+^ O io og oi o , "ci . g a oj oj '+3 a . oi i-i MogiH JJrJ 8 a a'-g S s i-s«-2.ag. EH a 03 »H i-H iH ri T- rt rH iH rH W tH H rt H iH rt iH H rH rt H H iH H i-H fH iH H R »H S S S S TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 85 iHr-(rHrH OOQO ^4 ^1 ^^ ^ ISSi " H S '^■ O OO HO ..«w SO do S si ill 73 -M A rj r^ bop . a> •"P'*^ d J*-* to do O Empire. "Respect this!" Annex No. 16. IMPEEIAL EDICT OF FEBBUARY 1, 1901. [Translation.] It has been stipulated in the treaties concluded between China and the Foreign Powers that the citizens of these Powers shall be allowed to penetrate into the interior. The Court, in order to assure and maintain relations with other countries, has already published decrees ordering that most sincere efforts be made in the provinces to assure protection. Nevertheless, the local authorities having gradually grown lax (in the exercise of their duties), malefactors have caused trouble, and. attacks have been directed against foreigners. Similar incidents have repeatedly occurred. We realize that our ability was too limited to reform the ignorant people, and consequently we have made very grievous mistakes. In ordinary times, not one of the local officials has been able to make understood European affairs, and none have comprehended the impor- tance of foreign relations. Consequently the conflagration spread everywhere, threatening the Empire, and, if they reflect, they will find they have cause for uneasiness. Henceforth each one of you must strive to overcome his resentment and to laj'' aside his prejudices. You should know that the maintenance of friendly relations with foreign countries has in all times been a fundamental law. People coming to China from afar, whether as merchants to exchange their products, or as travelers to increase their scientific knowledge, or yet as missionaries to preach religion with the object of exhorting the people to do good, have crossed mountains and seas at the risk of great fatigue. Since China passes for a civilized country, it should practice the duties of a host toward its guests. Moreover, the Chinese who have gone abroad in recent years number at least several hundreds of thou- sands. The safety of their persons and property depends upon the guaranty assured them by the Powers, who have given them their pro- tection. How could we continue to treat their citizens differently ? We again command all the responsible High civil and military Author- ities of all the provinces to order their subordinates to protect, in the most efficacious manner, the agents and nationals of the foreign Pow- ers who may enter within their districts. In case daring malefactors 90 TREATIES AND COKVENTIONS "WITH CHINA AND KOREA. should urge to illtreat and massacre foreigners, order must be restored immediately and the guilty parties arrested and punished without delay. No delay should occur. If, owing to indifference, or rather of voluntary tolerance, great calamities take place, or if treaties should be violated and no immediate steps taken to make reparation or inflict punishment, the Governors-General, Govej-nors, and the provincial or local Officials responsible will be removed and shall not be reappointed to other offices in other provinces, or hope to be reinstated or receive any further honors. The present decree must be printed and published to warn the officials and put an end to all shameful customs. "Respect this!" Annex No. 17. REGULATIONS FOR THE IMPROVEMENT OF THE COURSE OF THE WHANGPU. I. A River Conservancy Board is established at Shanghai for the Whangpu river. II. The Board shall have the twofold duty of acting as agent for the straightening and improvement of the river, and as controlling agent. III. The jurisdiction of the Board shall extend from a line drawn from the lower limit of the Kiang-nan Arsenal towards the mouth of Arsenal Creek, to the red buoy in the Yangtze. TV. The Board shall consist of: (a) The Taotai; (5) the Commis- sioner of Customs; (c) two members elected by the Consular Body; (d) two members of the General Chamber of Commerce of Shanghai, elected by the committee of the said Chamber; (e) two members repre- senting shipping interests, elected by shipping companies, commercial firms, and the merchants the total of whose entrances and clearances at Shanghai, Woosung, and other ports on the Wbangpu exceeds 50,000 tons per annum; (/) a member of the municipal Council of the International Settlement; (g) a member of the municipal Council of the French Concession, and (A) a representative of each country the total tonnage of whose ships entering and clearing at Shanghai and any other port of the Whangpu exceeds two hundred thousand tons a year. V. The ex officio members shall hold office as long as they fill the position by virtue of which they sit on the Board. VI. The representatives of the municipal Councils and of the Cham- ber of Commerce shall be elected for a period of one year. They may be immediately reelected. The term of office of the members to be designated by the Govern- ments (provided under paragraph h) shall also be one year. The term of the other members is for three years. They may be immediately reelected. TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. 91 VII. In case of a vacancy during a term, the successor of the out- going member shall be designated for one year or for three years, according to the class to which he belongs. VIII. The Board shall elect its Chairman and Vice-Chairman from amongst its members for a term of one year. If there is no majority at the election of Chairman, the Senior Consul shall be requested to give a casting vote. IX. In case of the absence of the Chairman the Vice-Chairman shall take his place. If both of them are absent the members shall choose amongst themselves a President for the occasion. X. In all meetings of the Board, if votes are equally divided, the Chairman shall have a casting vote. XI. Four members form a quorum. XII. The Board shall appoint the officials and employees deemed necessary for carrying out the works anrl enforcing its regulations; it shall fix their salaries, wages, and gratuities, and shall pay them out of the funds placed at its disposal, and it may make regulations and take every measure necessary concerning its staff, which it can dismiss at pleasure. XIII. The Board shall decide on the necessary steps for the regulation of trafiic, including the placing of moorings in the river and the berthing of vessels within the limits indicated in Article III, and on all water courses (such as the Soochow Creek and others) passing through the French Concession or the International Settlement at Shanghai and the foreign quarter at Woosung, as well as on all the other creeks emptying into the river, for a distance of 2 English miles above their mouths. XIV. The Board shall have power to expropriate the private moor- ings and to establish a system of public moorings in the river. XV. The authorization of the Board .shall be necessary to carry out anjr dredging, to build bunds, to construct jetties, or to place pontoons and hulks in the section of the river mentioned in Article XIII. The Board may, at its discretion, refuse such authorization. XVI. The Board shall have full power to remove all obstacles in the river, or the above-mentioned creeks, and to recover, if necessary, the cost of so doing from those responsible. XVII. The Board shall have control of all floating lights, buoys, beacons, landmarks, and light signals within the section of the river and within the creeks mentioned in Article XIII, as well as over such marks on the shore as may be necessary for the safe navigation of the river, with the exception of light-houses, which shall remain subject to Arti- cle XXXn of the treaty of 1858 between Great Britain and China. XVIII. The improvement and conservancy works of the Whangpu shall be entirely under the .technical control of the Board, even should the carrying out of them necessitate works beyond the limits of its 92 TREATIES AND CONVENTIONS "WITH CHINA AND KOREA. jurisdiction. In this case the necessary orders will be transmitted by and the work will be done with the consent of the Chinese authorities. XIX. The BcKird shall receive and disburse all the funds collected for the works and take, in conjunction with the competent authorities, all proper and efficacious measures to ensure the collection of the taxes and the enforcement of the regulations. XX. The Board shall appoint the Harbour Master and his staff. This department shall act, within the limits of the powers assigned to the board, in the section of the river indicated in Article XIII. XXI. The Board shall have authority to organize a police and watch service- to ensure the execution of its regulations and orders. XXII. The Board shall have the direction and control of the Shang- hai (Lower Yangtze) pilot service. Licenses for pilots for ships bound for Shanghai shall only be issued by the Board and at its discretion. XXIII. In case of infractions of its regulations, the Board shall sue offenders in the following way: Foreigners, before their respective consuls or competent judicial authority; Chinese or foreigners whose Governments are not represented in China, in the mixed Court, in the presence of a foreign assessor. XXIV. All suits against the Board shall be brought before the Court of Consuls at Shanghai. The Board shall be represented in suits by its secretary. XXV. Members of the Board and persons employed by it shall not incur any personal responsibility for the votes and acts of the Board, for contracts made or expenses incurred by the said body, when the said votes, acts, contracts, and expenses concern the carrying out or the enforcement, under the authority or by order of the Board or of one of its branches, of the regulations enacted by said body. XXVI. Besides the provisions mentioned in Article XIII of the present annex, the Board shall have power to enact, within the limits of its competency, all necessary ordinances and regulations, and to fix fines for the violation thereof. XXVII. The ordinances and regulations mentioned in Article XXVI shall be submitted for the approbation of the Consular Body. If two months after presenting the draft of the proposed ordinances and reg- ulations the Consular Body has made no objection or suggested no modification, it shall be considered as approved and shall come into force. XXVIII. The Board shall have power to acquire by purchase the lands necessary for carrying out the works of improvement and con- servancy of the Whangpu and to dispose of them. If, for this purpose, it shall be deemed necessary to expropriate land, the rules laid down in Article VI {a) of "The Land Kegulations for the Foreign Settlement of Shanghai North of the Yang-king-pang" shall be followed. The price shall be fixed by a Committee consisting of, first, a person chosen by the authority to whose jurisdiction the TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 93 owner is subject; second, one chosen by the Board, and, third, one chosen by the Dean of the Consular Corps. XXIX. Riparian owners shall have the refusal of all land made in front of their properties by the reclamation carried out for the improvement of the waterways in question. The purchase price of these lands shall be fixed by a Committee composed in the same man- ner as provided for in Article XXVIII. XXX. The revenues of the Board are to be derived from — (a) An annual tax of one-tenth of 1 per cent (0.1 per cent) on the assessed value of all lands and houses in the French Concession and the International Settlement. (5) A tax of equal amount on all property with water frontage on the Whangpu, from a line drawn from the lower limit of the Kiang-nan Arsenal toward the mouth of Arsenal Creek to the place where the Whangpu empties into the Yangtze. The assessed value of this prop- erty shall be fixed by the Committee mentioned in Article XXVIII. (c) A tax of five candereens per ton on all ships of non-Chinese type and of a tonnage superior to 150 tons entering or leaving the port of Shanghai, Woosung, or any other port on the Whangpu. Ships of non-Chinese type of 150 tons and under shall pay a quarter of the above-mentioned tax. These taxes shall only be leviable on each ship once every four months, irrespective of the number of its entrances and clearances. Foreign- built ships navigating the Yangtze and only stopping at Woosung to take their river papers shall be exempted from the taxes above mentioned, on condition that on their way up or down they shall not carry on any commercial transactions at Woosung. They shall, however, be allowed to take on water and supplies at Woosung. (d) A tax of one-tenth of 1 per centum (0.1 per cent) on all merchan- dise passing through the customs at Shanghai, Woosung, or any other port on the Whangpu. (e) An annual contribution from the Chinese Government equal to that supplied by the various foreign interests. XXXI. The collection of the taxes enumerated in Article XXX shall be made through the medium of the following authorities: Tax a, by the respective Municipalities. Tax i, to be collected from persons under the jurisdiction of Gov- ernments represented in China by their respective Consuls; the taxes to be collected from Chinese or from persons whose Governments are not represented in China by the Taotai. Taxes c and d, by the Imperial Maritime Customs. XXXII. Should the total annual revenues of the Board not be suf- ficient for the payment of interest and the amortization of the capital to be borrowed for carrying out the works, for keeping up the com- pleted works, and for the service in general, the Board shall have the 94 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. power to increase in the same proportion the various taxes on shipping, on land and houses, and on trade, to a figure sufficient to supply its recognized needs. This eventual increase would apply in the same proportion to the contribution of the Chinese Government mentioned in paragraph e of Article XXX. XXXIII. The Board shall give notice to the Superintendent of Southern Trade and to the Consular Body of the necessity for the increase referred to in Article XXXII. Such increase shall (inly come into force after its approval by the Consular Body at Shanghai. XXXIV. The Board shall submit to the Superintendent of Southern Trade and to the Consular Body at Shanghai, within six months after the closing of each financial year, its annual accounts, accompanied by a detailed I'eport on the general management and the receipts and expenditures during the preceding twelve months. This report shall be published. XXXV. If the exact and published accounts of receipts and expend- itures show a balance of receipts over expenses, the taxes mentioned in Article XXX shall be proportionately reduced by the Board and the Consular Body at Shanghai acting conjointly. The eventual reduc- tion shall apply in the same proportion to the contribution of the Chinese Government referred to in paragraph e of Article XXX. XXXVI. At the expiration of the first term of three years the signatories shall examine conjointly whether the provisions contained in the present annex require revision. A new revision can take place every three years under the same conditions. XXXVII. The regulations of the Board within the limits provided for in Article XIII, and subject to the approbation of the Consular Body at Shanghai, shall be binding on all foreigners. Done at Peking September 7th, 1901. Annex No. 18. IMPERIAL EDICT OF THE 24TH JULY, 1901. [Translation.] ^ The 9th day of the 6th moon the Grand Chancellery received the fol- lowing Edict: " The creation of offices and the determination of their duties has until now been regulated by the requirements of the times. Now, at the present time, when a new treaty of peace is concluded, international affairs take the first place among important business, and it is more then ever necessary to have recourse to competent men to devote themselves to all that relates to establishing friendly relations and con- fidence in speech. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 95 "The Office of Foreign Affairs, formerly created to treat interna- tional questions, has been in existence, it is true, for years, but, in view of the Princes and Ministers composing it only discharging for the most part their functions accessorily with others, they could not devote themselves to them exclusively. It is naturally, therefore, proper to create special functions, so that each one may have his par- ticular attributions. ' ' We command, in consequence, that the Office of Foreign Affairs (Tsung-li ko kuo shih-wu Ya-men) be changed into a Ministry of For- eign Affairs (Wai-wu Pu) and take rank before the six Ministries. And we designate Yi-K'uang, Prince Ch'ing of the first rank, as President of the Ministry of Foreign Affairs. " "Wang Wen-shao, Grand Secretary of State of the Ti-jen Ko, is appointed Assistant-President of the Ministry of Foreign Affairs. Ch'u Hung-chi, President of the Board of "Works, is transferred with the same rank to the Ministry of Foreign Affairs, in which he is appointed Assistant-President. Hsu Shou-p'eng, Director of the Imperial Stud, and Lien-Fang, Expectant Metropolitan Subdirector of the third or fourth rank, are appointed first and second Directors (or Assistant Secretaries). "As regards the fixing of the personnel, the rules to be followed in its choice, the salaries to be given the Ministers, Directors, and other Agents, "We command the Councilors of State to come to an agreement with the Board of Civil Office and to promptly submit to Us their con- clusions in a report. "Respect this." Annex No. 19. MEMORANDUM ON THE CEREMONIAL TO BE FOLLOWED IN SOLEMN AUDIENCES. 1°. Solemn audiences to be given by His Majesty the Emperor of China to the Diplomatic Body or to Representives of the Powers sepa- rately shall take place in the palace hall called " Ch'ien-ch'ing Kung." 2°. In going to or coming back from these solemn audiences the Rep- resentatives of the Powers shall be carried in their sedan chairs as far as outside of the Ching-yun gate. At the Ching-yun gate they will get out of the sedan chair in which they have come and will be carried in a little chair (i chiao) as far as the foot of the steps of the Ch'ien- ch'ing gate. On arriving at the Ch'ien-ch'ing gate the Representatives of the Powers shall get out of their chairs, and shall proceed on foot into the presence of His Majesty in the Ch'ien-ch'ing Kung hall. 96 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. When departing the Representatives of the Powers shall return to their residences in the same manner as that in which they arrived. 3°. When a Representative of a Power shall have occasion to present to His Majesty the Emperor his letters of credence or a communica- tion from the Head of the State by whom he is accredited, the Emperor shall cause to be sent to the residence of said Representative, to bear him to the Palace, a sedan chair with yellow trimmings and tassels, such as are used by the Princes of the Imperial family. The said Representative shall be taken back to his residence in the same man- ner. An escort of troops shall likewise be sent to the residence of said Representative to accompany him going and returning. 4°. When presenting his letters of credence or communication from the Head of the State by whom he is accredited, the Diplomatic Agent, while bearing said letters or communications, shall pass by the central openings of the Palace doors until he has arrived in the presence of His Majesty. On returning from these audiences he will comply, as regards the doors by which he may have to pass, with the usages already established at the Court of Peking for audiences given to For- eign Representatives. 5°. The Emperor shall receive directly into his hands the letters and communications above mentioned which the Foreign Representatives may have to hand to him. 6°. If His Majesty should decide upon inviting to a banquet the Representatives of the Powers it is well understood that this banquet shall be given in one of the halls of the Imperial Palace and that His Majesty shall be present in person. 7°. In brief, the ceremonial adopted by China as regards Foreign Representatives shall, in no case, be diflFerent from that which results from perfect equality between the Countries concerned and China, and without any loss of prestige on one side or the other. Ko. 16. GREAT BRITAE^— JAPA:N^. AGREEMENT BETWEEN THE UNITED KINGDOM AND JAPAN RELATIVE TO CHINA AND KOREA." Signed at London, January 30, 1902. The Governments of Great Britain and Japan, actuated solely by a desire to maintain the status gva and general peace in the extreme East, bemg moreover specially interested in maintaining the inde- pendence and territorial integrity of the Empire of China and the Empire of Korea, and in securing equal opportunities in those countries for the commerce and industry of all nations, hereby agree as follows: Article I. The High Contracting Parties having mutually recognized the inde- Beoognition o f pendence of China and of Korea, declare themselves to SLlnrand^Koref ^^ entirely uninfluenced by any aggressive tendencies Right to safeguard ^^ either country. Having in view, however, their interests. special interests, of which those of Great Britain relate principally to China, while Japan, in addition to the interests which she possesses in China, is interested in a peculiar degree politically as well as commercially and industrially in Korea, the High Contracting Parties recognize that it will be admissible for either of them to take such measures as may be indispensable in order to safeguard those interests if threatened either by the aggressive action of any other Power, or by disturbances arising in China or Korea, and necessi- tating the intervention of either of the High Contracting Parties for the protection of the lives and property of its subjects. Article H. If eithejr Great Britain or Japan, in the defence of their respective Nentraiit interests as above described should become involved in war with another Power, the other High Contract- ing Party will maintain a strict neutrality, and use its efforts to prevent other Powers from joining in hostilities against its ally. aBritish Treaty Series, No. 3, 1902. For the Franco-Rusaian declaration of March T^, Bee infra. Doc. No. 30. 27938—04 7 97 98 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. Article III. If, in the above event, any other Power or Powers should join in Armed assist- hostilities against that ally, the other. High Con- ance; when to he tracting Party will come to its assistance, and will ^''®"' conduct the war in common, and make peace in mutual agreement with it. Article IV. The High Contracting Parties agree that neither of them will, with- TTo separate ar- out consulting the other, enter into separate arrange- rangement to te ments with another Power to the prejudice of the entere in o. interests above described. Article V. Whenever, in the opinion of either Great Britain or Japan, the To confer when above-mentioned interests are in jeopardy, the two interests in jeop- Governments will communicate with one another fully "*"■ and frankly. Article VI. The present Agreement shall come into effect immediately after the date of its signature, and remain in force for five years from that date. In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said five years the inten- tion of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting- Parties shall have denounced it. But if, when the date fixed for its expiration arrives, either ally is actually engaged in war, the alliance shall, ipso facto, continue until peace is concluded. In faith whereof the Undersigned, duly authorized by their respec- tive Governments, have signed this Agreement and have affixed thereto their seals. Done in duplicate at London, the 30th day of January, 1902. [l. 8.] (Signed) Lansdowne, His Britannic Majesty's Principal Secretary of State for Foreign Affairs. [l. S.J (Signed) Hatashi, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan at the Court of St. James. ISTo. 17. KUSSIA. AGEEEMENT BETWEEN RUSSIA AND CHINA WITH REGARD TO MANCHURIA.a Signed at Peking, March 26 (8th April), 1902. [Translation.] His Majesty the Emperor and Autocrat of All the Russias, and His Majesty the Emperor of China, with the object of re-establishing and confirming the relations of good neighborhood, which were disturbed by the rising in the Celestial Empire of the year 1900, have appointed their Plenipotentiaries to come to an agreement on certain questions relating to Manchuria. These Plenipotentiaries, furnished with full powers which were found to be in order, agreed as follows:— Article 1. His Imperial Majesty the Emperor of Russia, desirous °^ giving fresh proof of his peaceable and friendly ity in Manchuria disposition towards His Majesty the Emperor of lished^ '^esstab- China, and overlooking the fact that attacks were first made from frontier posts in Manchuria on peaceable Russian Settlements, agrees to the re-establishment of the authority of the Chinese Government in that region, which remains an integral part of the Chinese Empire, and restores to the Chinese Government the right to exercise therein governmental and administrative author- ity, as it existed previous to the occupation by Russian troops of that region. Art. 2. In taking possession of the governmental and administra- tive authority in Manchuria, the Chinese Government raSw^ *anr*aii confirms, both with regard to the period and with Eussian subjects regard to all other Articles, the obligation to observe tekin'^s^" °°^*''' strictly the stipulations of the Contract concluded with the Russo-Chinese Bank on the 27th August, 1896, and in virtue of paragraph 5 of the above-mentioned Contract, • takes upon itself the obligation to use all means to protect the railway and the persons in its employ, and binds itself also to secure within « Official text published in Messager Offidel of April 12, 1902. English translation in British Parliamentary Blue Book, China, No. S {1904), p. 36. 99 100 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOEEA. the boundaries of Manchuria the safety of all Russian subjects in general and the undertakings established by them. The Eussian Government, in view of these obligations accepted by Evacuation of *^® Government of His Majesty the Emperor of China, Manchuria by agrees on its side, provided that no disturbances arise *"'"*• and that the action of other Powers should not pre- vent it, to withdraw gradually all its forces from within the limits of Manchuria in the following manner: — (a) Within six months from the signature of the Agreement, to clear the southwestern portion of the Province of Mukden up to the River Liao ho of Russian troops, and to hand the railways over to China. (5) Within further six months to clear the remainder of the Province of Mukden and the Province of Kirin of Imperial troops. (c) Within the six months following to remove the remaining Impe- rial Russian troops from the Province of Hei-lung-chiang. Aet. 3. In view of the necessity of preventing in the future any recurrence of the disorders of last year, in which Chi- pending evacua- nese troops stationed on the Maiichurian frontier also ^''"' took part, the Imperial Russian and Chinese Govern- ments shall undertake to instruct the Russian military authorities and the Tsiang-Tsungs, mutually to come to an agreement respecting the numbers and the disposition of the Chinese forces until the Russian forces shall have been withdrawn. At the same time the Chinese Government binds itself to organize no other forces over and above those decided upon by the Russian military authorities and the Tsiang- Tsungs as sufficient to suppress brigandage and pacify the country. After the complete evacuation of Manchuria by Russian troops, the Chinese Government shall have the right to increase Chinese forces qj, diminish the number of its troops in Manchuria, after evacuation. ■,„■•• i i ■ but of this must duly notify the Russian Government, as it is natural that the maintenance in the above-mentioned district of an over large number of troops must necessarily lead to a rein- forcement of the Russian military force in the neighbouring districts, and thus would bring about an increase of expenditure on military requirements undesirable for both States. For police service and the maintenance of internal order in the Chinese police . 3. British merchants shall pay taxes and contributions on these warehouses and jetties on the same footing as Chinese proprietors of similar properties in the neighbourhood. British merchants may only employ Chinese agents and staff to reside in warehouses so leased at places touched at by steamers engaged in inland traffic to carry on their business; but British merchants may visit these places from time to time to look after their affairs. The existing rights of Chinese jurisdiction over Chinese subjects shall not by reason of this clause be diminished or interfered with in any way. 4. Steam-vessels navigating the inland waterways of China shall be responsible for loss caused to riparian proprietors by damage which they may do to the banks or works on them, and for the loss which may be caused by such damage. In the event of China desiring to prohibit the use of some particular shallow waterway by launches, because there is reason to fear that the use of it by them would be likely to injure the banks and cause damage to the adjoining country, the British authorities, when appealed to, shall, if satisfied of the validity of the objection, prohibit the use of that waterway by British launches, provided that Chinese launches are also prohibited from using it. Both foreign and Chinese launches are prohibited from crossing dams and weirs at present in existence on inland waterways where they are likely to cause injury to such works, which would be detri- mental to the water service of the local people. 5. The main object of the British Government in desiring to see the inland waterways of China opened to steam navigation being to afford facilities for the rapid transport of both foreign and native merchan- dise they undertake to offer no impediment to the transfer to a Chinese Company and the Chinese flag of any British steamer which may now or hereafter be employed on the inland waters of China, should the owner be willing to make the transfer. In the event of a Chinese Company registered under Chinese law being formed to run steamers on the inland waters of China, the fact of British subjects holding shares in such a Company shall not entitle the steamers to fly the British flag. 120 TEEATIES AND CONVENTIONS WITH CHINA AND KOBE A. 6. Registered steamers and their tows are forbidden, just as junks have always been forbidden, to carry contraband goods. Infraction of this rule will entail the penalties prescribed in the Treaties for such an offence, and cancellation of the Inland Waters Navigation Certifi- cate carried by the vessels, which will be prohibited from thereafter plying on inland waters. 7. As it is desirable that the people living inland should be disturbed as little as possible by the advent of steam-vessels to which they are not accustomed, inland waters not hitherto frequented by steamers shall be opened as gradually as may be convenient to merchants and only as the owners of steamers may see prospect of remunerative trade. In cases where it is intended to run steam-vessels on waterways on which such vessels have not hitherto run, intimation shall be made to the Commissioner of Customs at the nearest open port, who shall report the matter to the Ministers of Commerce. The latter, in con- junction with the Governor-General or the Governor of the Province, after careful consideration of all the circumstances of the case, shall at onoe give their approval. 8. A registered steamer may ply within the waters of a port, or from one open port or ports to another open port or ports, or from one open port or ports to places inland, and thence back to such port or ports. She may, on making due report to the Customs, land or ship passengers or cargo at any recognized places of trade passed in the course of the voyage; but may not ply between inland places exclusively except with the consent of the Chinese Government. 9. Any cargo and passenger boats may be towed by steamers. The helmsman and crew of any boat towed shall be Chinese. All boats, irrespective of ownership, must be registered before they can proceed inland. 10. These Rules are supplementary to the Inland Steam Navigation Regulations of July and September, 1898. The latter, where untouched by the present Rules, remain in full force and effect, but the present Rules hold in the case of such of the former Regulations as the present Rules affect. The present Rules and the Regulations of July and September, 1898, to which they are supplementary, are pro- visional, and may be modified, as circumstances require, by mutual consent. Done at Shanghae this 5th day of September in the year of our Lord, 1902; corresponding with the Chinese date, the 4th day of the 8th moon of the 28th year of Kwang Hsii. [L.S.] Jas. L. Mackay. (Signature of his Excellency Lii Hai-huan.) (Signature of his Excellency Sheng Hsiian-huai.) (S'^al of the Chinese Plenipotentiaries.) Ko. 19. JAPA]Sr. SUPPLEMENTARY TREATY OF COMMERCE AND NAVIGATION BETWEEN JAPAN AND CHINA. Signed at Shanghai, October 8, 1903. Ratifications Exchanged, Jandaky 11, 1904. His Majesty the Emperor of Japan and His Majesty the Emperor of China, in order to give full effect to the provisions of Article XI of the Final Protocol signed at Peking on the seventh day of the ninth month of the thirty-fourth year of Meiji, corresponding to the twenty- fifth day of the seventh moon of the twenty -seventh year of Kuang- hsii, have resolved to conclude a Supplementary Treaty of Commerce and Navigation, designed to facilitate and promote the commercial relations between Japan and China, and have for that purpose named as Their Plenipotentiaries, that is to say: His Majesty the Emperor of Japan, Hioki Eki, Jugoi, Fifth Class of the Imperial Order of the Rising Sun, First Secretary of Legation, and Odagiri Masnoske, Shorokui, Fifth Class of the Imperial Order of the Rising Sun, Consul-General; And His Majesty the Emperor of China, Lii Hai-huan, President of the Board of Public Works, Sheng Hsuan-huai, Junior Guardian of the Heir Apparent, formerly Senior Vice-President of the Board of Public Works, and Wu T'ing-fang, Senior Vice-President of the Board of Commerce: Who, after having communicated to each other their Full Powers found to be in good and due form, have agreed upon and concluded the following Articles: — Article I.** Whereas China, with the object of reforming its fiscal system, pro- poses to levy a surtax in excess of the tariff rates on snrtaT oT'tar^ ^11 goods passing through the Custom Houses, whether duties, production, maritime or inland and frontier, in order to compensate e^SSwhen in a measure for the loss incurred by the complete accepted by all abolition of UMn, Japan consents to pay the same other Powers. surtax as is agreed upon between China and all the a See British Treaty of 1902, Art. VIII, and U. S. Treaty of 1903, Art. IV. 121 122 TREATIES AND CONVENTIONS WITH CHINA AND KOBE A. Treaty Powers. With regard to the production tax, consumption tax and excise, and the taxes on native opium and salt, leviable by China, Japan also consents to accept the same arrangements "as are agreed upon between all the Treaty Powers and China. It is understood however that the commerce, rights and privileges of Japan shall not, on account of the above, be placed at any disadvantage as compared with the commerce, rights and privileges of other Powers. Aeticle II." The Chinese Government agree to permit Japanese steamship- owners to erect, at their own expense, appliances for navigaTron on hauling through the rapids of that part of the Yang- upper Yang-tze tze-kiang between Ichang and Chungking. But as the interests of the population of the provinces of Szechuen, Hunan and Hupeh are involved, it is therefore necessary that the approval of the Imperial Maritime Customs be obtained before such appliances may be so erected. • These appliances, which shall be at the disposal of all vessels both steamers and junks, shall not obstruct the waterway nor interfere with the free passage of junks or of persons on the banks of the river. Such appliances shall be subject to special regulations to be drawn up by the Imperial Maritime Customs. Article III.* The Chinese Government agree that any Japanese steamer capable of navigating the inland waterways, upon reporting at inUiirw^atera °^ ^^^ Imperial Maritime Customs, may proceed for the purpose of trade from a treaty port to places inland, so reported, on complying with the Original and Supplementary Keg- ulations for Steam Navigation Inland. Aetiole IV. " In case Chinese subjects conjointly with Japanese subjects organise a partnership or company for a legitimate purpose, ChL^'stanijapan- tl^^y shall equitably share the ■ profits and losses with ese. Liabilities, all the members according to the terms of the agree- ment or memorandum and articles of association and the regulations framed thereunder, and they shall be liable to the ful- filment of the obligations imposed by the said agreement or memoran- dum and articles of association and the regulations framed thereunder as accepted by them and as interpreted by Japanese Courts. Should a See British Treaty of 1902, Art. V, par. 2. 6See British Treaty of 1902, Art. X, par. 1. «See British Treaty of 1902, Art. IV. TREATIES AND CONVENTIONS WITH CHINA AND KOBE A. 123 they fail to fulfil the obligations so imposed and legal action be taken against them in consequence, Chinese Courts shall at once enforce fulfillment of such obligations. It is understood that in case Japanese subjects conjointly with 'Chinese subjects organise a partnership or company, they shall also equitably share the profits and losses with all the members according to the terms of the agreement or memorandum and articles of associa- tion and the regulations framed thereunder. Should such Japanese subjects fail to fulfil any of the obligations imposed by the said agree- ment or memorandum and articles of association or by the regulations framed thereunder, Japanese Courts shall in like manner at once enforce fulfilment of such obligations by them. Article Y." The Chinese Government agree to make and faithfully enforce such Protection of ^^S^l^tions as are necessary for preventing Chinese trade-marks. Subjects from infringing registered trade-marks held by Japanese subjects. The Chinese Government likewise agree to make such regulations Protection f ^ ^^^ necessary for affording protection to registered copyrights. Copyrights held by Japanese subjects in the books, pamphlets, maps and charts written in the Chinese language and specially prepared for the use of Chinese people. It is further agreed that the Chinese Government shall establish Begistration of registration offices where foreign trade-marks and copyright's^!' *"* copyrights, upon application for the protection of the Chinese Government, shall be registered in accordance with the provisions of the regulations to be hereafter framed by the Chinese Government for the purpose of protecting trade-marks and copyrights. It is understood that Chinese trade-marks and copyrights properly registered according to the provisions of the laws and regulations of Japan will receive similar protection against infringement in Japan. This Article shall not be held to protect against due process of law any Japanese or Chinese subject who may be the author, proprietor or seller of any publication calculated to injure the well-being of China. Article VI.* China agrees to establish itself, as soon as possible, a system of uni- form national coinage and provide for a uniform age in China. ' national currency which shall be freely used as legal tender in payment of all duties, taxes and other obli- oSee British Treaty of 1902, Art. VII, and U. 8. Treaty of 1903, Art. IX, and Art. XI. 6See British Treaty of 1902, Art. II, and U. S. Treaty of 1903, Art. XIII. 124 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. gations by Japanese subjects as well as by Chinese subjects in the Chinese Empire. It is understood, however, that all Customs duties shall continue to be calculated and paid on the basis of the Haikwan tael. AKTICIiE VII. As the weights and measures used by the mercantile and other classes for general and commercial purposes in the TTniform stand- diflEerent provinces of China vary and do not accord meVanretti^CMna* with the standards fixed by the Imperial Government! Boards, thus resulting in detriment to the trade of Chinese and foreigners, the Governors General and Governors of all the provinces, after careful inquiry into existing conditions, shall consult together and fix upon uniform standards which, after a Memo- rial to the Throne for sanction, shall be adopted and used in all trans- actions by officials and people throughout all the Empire. These standards shall be first used in the places opened to foreign trade and gradually extended to inland places. Any differences resulting from divergence between the new weights and measures and those now in vogue shall be equitably settled, whether by way of increase or decrease, according to the amount of such difference. Article VIII. " The Regulations for Steam Navigation Inland of the fifth moon of the twenty-fourth year of Kuang-hsu and the Supple- KegTiiations for mentary Eules of the seventh moon of the same year steam navigation ■<.•■• jt j • j. • • j. • inland amended. havmg been round in some respects inconvenient m working, the Chinese Government hereby agree to amend them and to annex such new Rules to this Treaty. These Rules shall remain in force until altered by mutual consent. Article IX. The provisions of all treaties and engagements now subsisting between Japan and China, in so far as they are not Confirming all modified Or repealed by this Act, are hereby con- treaties not here- r^ j j'j.'i i i j.'tjt. tt by modified. farmed; and it is hereby expressly stipulated in addi- tion that the Japanese Government, Officers, Subjects, Commerce, Navigation, Shipping, Industries and Property of all kinds shall be allowed free and full participation in all nation treatoent." privileges, immunities and advantages which have been or may hereafter be granted by His Majesty the Emperor of China or by the Chinese Government or by the Provincial or Local Administrations of China to the Government, Officers, Sub- aSee British Treaty of 1902, Art. X, and U. S. Treaty of 1903, Art. XII. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 125 jects, Commerce, Navigation, Shipping, Industries or Property of any other nation. The Japanese Government will do its utmost to secure to Chinese Officers and Subjects resident in Japan the most favourable treatment compatible with the laws and regulations of the Empire. Article X.** The High Contracting Parties hereto agree that, in case of and after Peking to be *^® Complete withdrawal of the foreign troops sta- opened to interna- tioned in the province of Chihli and of the Legation and tiade "'^''"'* guards, a place of international residence and trade in Peking will be forthwith opened by China itself. The detailed regulations relating thereto shall be settled in due time after consultation. The Chinese Government agree to open to foreign trade, within six Ch'ang-sha to "io°tlis from the exchange of the Ratifications of this be opened to for- Treaty, Ch'angsha-fu in the province of Hunan on the eign tra e. same footing as the ports already opened to foreign trade. Foreigners residing in this open port are to observe the Municipal and Police E.e-gulations on the same footing as Chinese res- idents, and they are not to be entitled to establish a Municipality and Police of their own within the limits of this treaty port, except with the consent of the Chinese authorities. The Chinese Government agree that, upon the exchange of the Rat- Mukden and Ta- locations of this Treaty, Mukden and Tatungkow, tnngkow opened to both in the province of Shengking, will be opened by foreign trade. China itself as places of international residence and trade. The selection of suitable localities to be set apart for interna- tional use and occupation and the regulations for these places set apart for foreign residence and trade shall be agreed upon by the Govern- ments of Japan and China after consultation together. Article XI.* The Government of China having expressed a strong desire to reform its judicial system and to bring it into accord Eeform "^ J^^^" with that of Japan and Western nations, Japan agrees na. Exterrito- to give every assistance to such reform, and will also riaiity to termi- ^^ prepared to relinquish its extra-territorial rights when satisfied that the state of the Chinese laws, the arrangements for their administration and other considerations war- rant it in so doing. a See British Treaty of 1902, Art. VIII, sec. 12, and U. S. Treaty of 1903, Art. XII, par. 3. On flrat paragraph, see Annex 6 of present treaty. 6 See British Treaty of 1902, Art. XII, and U.' S. Treaty of 1903, Art. XV. 126 TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. Article XII. The present Treaty is signed in ttie Japanese, Chinese and English languages. In order, however, to prevent future dis- thStive''''* ^''" cussions, the Plenipotentiaries of the High Contracting Parties have agreed that in case of any divergence in the interpretation between the Japanese and Chinese Texts of the Treaty, the difference shall be settled by reference to the English Text. Article XIII. The present Treaty shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the Ratifications thereof shall be exchanged at Peking as soon as possible and not later than six months from the present date.'* In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seals of their arms. Done at Shanghai this eighth day of the tenth month of the thirty- six year of Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninth year of Kuang-hsii. [L.S.] HiOKi Eki. [l.s.] Odagiri Masnoske. (Signature of His Excellency Lii Hai-huan.) (Signature of His Excellency Sheng Hsuan-huai.) (Signature of His Excellency Wu T'ing-fang.) Annex I. INLAND WATERS STEAM NAVIGATION. Additional Rules. 1. Japanese steamship-owners are at liberty to lease warehouses and jetties on the banks of waterways from Chinese subjects for a term not exceeding twenty -five years, with option of renewal on terms to be mutually arranged. In cases where Japanese merchants are unable to secure warehouses and jetties from Chinese subjects on satisfactory terms, the local officials, after consultation with the Governor or Gov- ernor General or Minister of Commerce, shall arrange to provide these on renewable lease, as above mentioned, at current equitable rates. 2. Jetties shall only be erected in such positions that they will not obstruct the inland waterway or interfere with navigation, and with the sanction of the nearest Commissioner of Customs; such sanction, however, shall not be arbitrarily withheld. 3. Japanese merchants shall pay taxes and contributions on these warehouses and jetties on the same footing as Chinese proprietors of « Ratifications were exchanged on January 11, 1904. TEEATIES AND CONVENTIONS WITH CHINA AND KOREA. 127 similar properties in the neighbourhood. Japanese merchants may only employ Chinese agents and staff to reside in warehouses so leased at places touched at by steamers engaged in inland traffic to carry on their business; but Japanese merchants may visit these places from time to time- to look after their affairs. The existing rights of Chinese jurisdiction over Chinese subjects shall not by reason of this clause be diminished or interfered with in any way. 4. Steam vessels navigating the inland waterways of China shall be responsible for loss caused to riparian proprietors by damage which they may do to the banks or works on them, and for the loss which may be caused by such damage. In the event of China desiring to prohibit the use of some particu- lar shallow waterway by launches, because there is reason to fear that the use of it by them would be likely to injure the banks and cause damage to the adjoining country, the Japanese authorities, when appealed to, shall, if satisfied of the validity of the objection, prohibit the use of that waterway by Japanese launches, provided that Chinese launches are also prohibited from using it. Both Foreign and Chinese launches are prohibited from crossing dams and weirs at present in existence on inland waterways where they are likely to cause injury to such works, which would be detrimental to the water service of the local people. 5. The main object of the Japanese Government in desiring to see the inland waterways of China opened to steam navigation being to afford facilities for the rapid transport of both foreign and native merchandise, they undertake to offer no impediment to the transfer to a Chinese company and the Chinese flag of any Japanese steamer which may now or hereafter be employed on the inland waters of China, should the owner be willing to make the transfer. In the event of a Chinese company registered under Chinese law being formed to run steamers on the inland waters of China, the fact of Japanese subjects holding shares in such a company shall not entitle the steamers to fly the Japanese flag. 6. Kegistered steamers and their tows are forbidden, just as junks have always been forbidden, to carry contraband goods. Infraction of this rule will entail the penalties prescribed in the treaties for such an offence, and cancellation of the Inland Waters Navigation Certificate carried by the vessels, which will be prohibited from thereafter plying on inland waters. 7. As it is desirable that the people living inland should be disturbed as little as possible by the advent of steam vessels to which they are not accustomed, inland waters not hitherto frequented by steamers shall be opened as gradually as may be convenient to merchants and only as the owners of steamers may see prospect of remunerative trada 128 TREATIES AND OONVENa'IONS WITH CHINA AND KOREA. In cases where it is intended to run steam vessels on waterways on which such vessels have not hitherto run, intimation shall be made to the Commissioner of Customs at the nearest open port, who shall report the matter to the Ministers of Commerce. The latter, in con- junction with the Governor General or Governor of the province, after careful consideration of all the circumstances of the case, shall at once give their approval. 8. A registered steamer may ply within the waters of a port, or from one open port or ports to another open port or ports, or from one open port or ports to places inland, and thence back to such port or ports. She may, on making due report to the Customs, land or ship passengers or cargo at any recognized places of trade passed in the course of the voyage; but may not ply between inland places exclusively except with the consent of the Chinese Government. 9. Any cargo and passenger boats may be towed by steamers. The helmsman and crew of any boat towed shall be Chinese. All boats, irrespective of ownership, must be registered before they can proceed inland. 10. The above Rules are supplementary to the Regulations pub- lished in the fifth and seventh moons of the twenty-fourth year of Kuang-hsii, which remain in full force and effect in so far as they are not modified by the Rules now agreed upon. The present Rules and the Regulations of the fifth and seventh moons of the twenty-fourth year of Kuang-hsti may hereafter be modified, as circumstances require, by mutual consent. Done at Shanghai this eighth day of the tenth month of the thirty- sixth year of Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninth year of Kuang-hsu. [l. S.J HioKi Eki. [l. s.] Odagiri Masnoske. (Signature of His Excellency Lii Hai-huan.) (Signature of His Excellency Sheng Hsuan-huai.) (Signature of His Excellency Wu T'ing-fang.) , Annex 2. Imperial Japanese Commissioners for Treaty Revision to Imperial Chinese Commissioners for Treaty Revision. Shanghai, the 8th Bay of the 10th Month of the 36th Year of Meiji. Gentlemen, According to Article III of the present Treaty the Chinese Gov- ernment agree that any Japanese steamer capable of navigating the TREATIES AND CONVENTIONS "WITH CHINA AND KOBEA. 129 Inland Waterways, upon reporting at the Imperial Maiitime Cus- toms, may proceed for the purpose of trade from a treaty port to places inland, so reported, on complying with the Original and Supplementary Regulations for Steam Navigation Inland. It is understood that all classes of Japanese steamers, whatever their size, provided they are capable of navigating the Inland Waterways, may on complying with the Regulations receive an Inland Waters Certificate and carry on trade with inland places, and the Chinese Government will in no case raise difficulties and stop such steamers from plying to and from inland places. We have the honour, in order to prevent future misunderstandings, to address this despatch to Your Excellencies and to request that instructions be sent to the Inspector General of Maritime Customs to act in accordance with this understanding. We have further the honour to request a reply from Your Excellencies. We have the honour to be, gentlemen, Your obedient Servants, (Signed) Hioki Eki. (Signed) Odagiri Masnoske. Their Excellencies Li) Hai-huan, I Sheng Hsuan-huai, Wu T'ing-fang, Sis Imperial Chinese Majesty's Commissioners for Treaty Revision. Annex 3. Imperial Chinese Commissioners foe Treaty Revision to Imperial Japanese Commissioners for Treaty Revision. Shanghai, the 18th Day of the 8th Moon of the 29th Year of Kuam,g-hsu. Gentlemen, We have the honour to acknowledge the receipt of Your Excellencies' despatch of this date, written with a view of preventing future mis- understandings, to the effect that, in accordance with the provisions of Article III of the present Treaty, all classes of Japanese steamers, whatever their size, provided they are capable of navigating the Inland Waterways, may on complying with the Regulations receive an Inland Waters Certificate and ply to and from inland places, and that the Chinese Government will in no case raise difficulties and stop them. 27938—04 9 130 TREATIES AND CONVEKTIONS WITH CHINA AND KOEEA. During the negotiations of this Article, we received a list from Your Excellencies of the Japanese steamers — viz. : Sanyo Maru, Seta- gawa Maru, Hiuga Maru, Urato Maru, Neisei Maru, Heian Maru, Taiko Maru, Yoshino Maru, Meiko Maru, Fukaju Maru, Hijikawa Maru, Nagata Maru, Kyodo Maru, Horai Maru, Kwanko Maru, Keiko Maru, Kinriu Maru, Zensho Maru and Kohei Maru, ranging from one hundred and twenty -one tons to four hundred and ten tons register — plying from Chefoo to inland places in Manchuria, under Inland Waters Certificate and in accordance with the Regulations for Steam Navigation Inland, which vessels have not been prevented from doing so on account of their class. At that time we instructed the Deputy Inspector General of Cus- toms to make inquiries into the records of the Custom Houses and he reported that the circumstances were in accordance with Your Excel- lencies' statement. In consequence of the receipt of Your Excellencies' despatch we shall communicate with the Wai-wu Pu and request that instructions be sent to the Inspector General of Customs to take these circum- stances into consideration and to act accordingly, and we have the honour to write this despatch for purposes of record. We have the honour to be. Gentlemen, Your obedient Servants, (Signature of His Excellency Lii Hai-Huan.) (Signature of His Excellency Sheng Hsuan-Huai.) (Signature of His Excellency Wu T'ing-Fang.) Their Excellencies HiOKi Eki, Odagiri Masnoske, His Invperial J(vpcmese Majesty's Gorrwnissioners for Treaty Revision. Annex 4. Impbkial Japanese Commissioneks fok Teeaty Revision to Impeeial Chinese Commissioners for Treaty Revision. Shanghai, the 8th Day of the 10th Month of the 36th Tear of M&iji. Gentlemen, The provision contained in No. 9 of the Supplementary Rules govern- ing steam navigation on Inland Waters published in the seventh moon of the twenty -fourth year of Kuang-hsii, regarding the appointment of an officer to collect duea and duties, not having in all cases been given effect to, we have the honour to request that Your Excellencies TREATIES AND CONVENTIONS WITH CHINA AND ZOEEA. 131 Government will again issue instructions to all provinces to give strict effect to this provision, as it is a matter of importance. We trust that Your Excellencies will comply with the request con- tained in this despatch and that you will favour us with a reply. We have the honour to be, Gentlemen, Your obedient Servants, (Signed) Hioki Eki. (Signed) Odagiri Masnoske. Their Excellencies TjG Hai-htjan, Sheng Hsuan-huai, Wu T'iNG-FANG, IKs Imperial Chinese Majesty's Gammissioners for Treaty Revision. Annex 5. Imperial Chinese Commissioners for Treaty Revision to Imperial Japanese Commissioners for Treaty Revision. Shanghai, the 18th Day of the 8th Moon of the '29th Year of Kuang-hsu. Gentlemen, We have the honour to acknowledge the receipt of Your Excel- lencies' despatch of this date to the effect that, the provision contained in No. 9 of the Supplementary Rules governing steam navigation on Inland Waters published in the seventh moon of the twenty-fourth year of Kuang-hsii, regarding the appointment of an officer to collect dues and duties, not having in all cases been given effect to, you request that instructions be again issued to all provinces to give strict effect to this provision, as it is a matter of importance. We have noted the above and have communicated with proper authorities in order that action may be taken, and have now the honour to write this reply for Your Excellencies' information. We have the honour to be, Gentlemen, Your obedient Servants, (Signature of His Excellency Lu Hai-Huan.) (Signature of His Excellency Sheng Hsuan-Huai.) (Signature of His Excellency Wu T'ing-Eang.) Their Excellencies Hioki Eki, Odagiri Masnoske, His Imjo&rial Japanese Majesty's Cmnmisskmers .for Treaty Revision. 132 treaties and conventions with china and koeea. Annex 6. Imperial Chinese Commissioners for Treaty Eevision to Imperial Japanese Commissioners for Treaty Revision. Shanghai, the 18th Day of the 8th Moon of the 29th Year of Kuang-hm. Gentlemen, According to the provision of Article X of this Treaty, regarding the establishment in Peking of a place of international residence and trade, it is agreed that in case of and after the complete withdrawal of the foreign troops, now guarding the Legations and Communica- tions, a place in Peking outside the Inner City, convenient to both parties and free from objections, shall be selected and set apart as a place where metchants of all nationalities may reside and carry on trade. Within the limits of this place merchants of all nationalities shall be at liberty to lease land, build houses and warehouses, and establish places of business; but as to the leasing of houses and land belonging to Chinese private individuals, there must be willingness on the part of the owners and the terms thereof must be equitably arranged without any force or compulsion. All roads and bridges in this place will be under the jurisdiction and control of China. For- eigners residing in this place are to observe the Municipal and Police Regulations on the same footing as Chinese residents, and they are not to be entitled to establish a Municipality and Police of their own within its limits except with the consent of the Chinese authorities. When such place of international residence and trade shall have been opened and its limits properly defined, the foreigners who have been residing scattered both within and without the city walls, shall all be required to remove their residence thereto and they shall not be allowed to remain in separate places and thereby cause inconvenience in the necessary supervision by the Chinese authorities. The value of the land and buildings held by such foreigners shall be agreed upon equi- tably and due compensation therefor shall be paid. The period for such removal shall be determined in due time, and those who do not remove before the expiry of this period shall not be entitled to com- pensation. We have considered it to be to our mutual advantage to come to the present basis of understanding in order to avoid future unnecessary I TEEATIE8 AND CONVENTIONS WITH CHINA AND KOEEA. 133 negotiations, and we beg that Your Excellencies will consider and agree to it and will favour us with a reply. We have the honour to be, Gentlemen, Your obedient Servants, (Signature of His Excellency Lii Hai-huan.) (Signature of His Excellency Sheng Hsuan-huai.) (Signature of His Excellency Wu T'ing-fang.) Their Excellencies HioKi Eki, Odagibi Masngske, His Impet^l Japanese Majesty's Commissioners for Treaty Revision. Annex 7. Imperial Japanese Commissioners for Treaty Revision to Imperial Chinese Commissioners for Treaty Revision. Shanghai, the 8th Day of the 10th Month of the 36th Yea/r of Meiji. Gentlemen, We have the honour to acknowledge the receipt of Your Excel- lencies' despatch of this date in which you state that — "According to the provision of Article X of this Treaty, regard- ing the establishment in Peking of a place of international residence and trade, it is agreed that in case of and after the complete with- di^wal of the foreign troops, now guarding the Legations and Communications, a place in Peking outside the Inner City, con- venient to both parties and free from objections, shall be selected and set apart as a place where merchants of all nationalities may reside and carry on trade. Within the limits of this place mer- chants of all nationalities shall be at liberty to lease land, build houses and warehouses, and establish places of business; but as to the leasing of houses and land belonging to Chinese private indi- viduals, there must be willingness on the part of the owners and the terms thereof must be equitably arranged without any force or compulsion. All roads and bridges in this place will be under the jurisdiction and control of China. Foreigners residing in this place are to observe the Municipal and Police Regulations on the same footing as Chinese residents, and they are not to be entitled to establish a Municipality and Police of their own within its limits except with the consent of the Chinese authorities. When such 134 TKEATIBS AND CONVENTIONS WITH CHINA AND KOREA. place of international residence and trade shall have been opened and its limits properly defined, the foreigners who have been residing scattered both within and without the city walls, shall all be required to remove their residence thereto and they shall not be allowed to remain in separate places and thereby cause incon- venience in the necessary supervision by the Chinese authorities. The value of the land and buildings held by such foreigners shall be agreed upon equitably and due compensation therefor shall be paid. The period for such removal shall be determined in due time, and those who do not remove before the expiry of this period shall not be entitled to compensation. We have considered it to be to our mutual advantage to come to the present basis of understanding in order to avoid future unnecessary negotiations, and we beg that Your Excellencies will consider and agree to it and will favour us with a reply." In reply we beg to inform you that we agree generally to all the terms contained in the despatch under acknowledgment. As "to the detailed regulations, these shall in due time be considered and satis- factorily settled in accordance with Article X of this Treaty; but it is understood that such regulations shall not differ in any respect to our prejudice from those which may be agreed upon between China and other Powers. We have the honour to send Your Excellencies this communication in reply and for your information. We have the honour to be, Gentlemen, Your obedient Servants, (Signed) Hioki Eki. (Signed) Odagiri Masnoskb. Their Excellencies Ltj Hai-huan, Sheng Hsuan-huai, Wu T'iNG-FANG, His Imperial Chinese Majesty's Oommissiojiers for Treaty Reoision. No. 20. tj:n^ited states. TEEATY BETWEEN THE UNITED STATES AND CHINA FOB THE EXTEN- SION OF THE COMMEECIAL RELATIONS BETWEEN THEM. Signed at Shanghai, Octobbk 8, 1903. Ratipbd by China, January 10, 1904. Ratifed by the President, Jandaky 12, 1904. Ratifications Exchanged at Washington, January 13, 1904. Proclaimed, January 13, 1904. The United States of America and His Majesty the Emperor of China, being animated by an earnest desire to extend further the com- mercial relations between them and otherwise to promote the interests of the peoples of the two countries, in view of the provisions of the first paragraph of Article XI of the final Protocol signed at Peking on the seventh day of September, A. D. 1901, whereby the Chinese Government agreed to negotiate the amendments deemed necessary by the foreign Governments to the treaties of commerce and naviga- tion and other subjects concerning commerical relations, with the object of facilitating them, have for that purpose named as their Plenipotentiaries : — The United States of America — Edwin H. Congee, Envoy Extraordinary and Minister Pleni- potentiar}' of the United States of America to China — John Goodnow, Consul-General of the United States of Amer- ica at Shanghai — John F. Seaman, a Citizen of the United States of America resident at Shanghai — And His Majesty the Emperor of China — Lt) Hai-huan, President of the Board of Public Works — Sheng HstfAN-HUAi, Junior Guardian of the Heir Apparent. Formerly Senior Vice-President of the Board of Public "Works — who, having met and duly exchanged their full powers which were found to be in proper form, have agr.eed upon the following amend- ments to existi^ng treaties of commerce and navigation formerly con- cluded between the two countries, and upon the subjects hereinafter expressed connected with commercial relations, with the object of facilitating them. 135 136 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Article I." In accordance with international usage, and as the diplomatic rep- „. , ^.. resentatiye oi China has the right to reside in the Diplomatic rep- . , » i tt • n n i • j.i_ j.ii resentativo, rights capital of the United States, and to enjoy there the and privileges. game prerogatives, privileges and immunities as are enjoyed by the similar representative of the most favored nation, the diplomatic representative of the United States shall have the right to reside at the capital of His Majesty the Emperor of China. He shall be given audience of His Majesty the Emperor whenever necessary to present his letters of credence or any communication from the Presi- dent of the United States. At all such times he shall be received in a place and in a manner befitting his high position, and on all such occa- sions the ceremonial observed toward him shall be that observed toward the representatives of nations on a footing of equality, with no loss of prestige on the part of either. The diplomatic representatives of the United States shall enjoy all the prerogatives, privileges and immunities accorded by international usage to such representatives, and shall in all respects be entitled to the treatment extended to similar representatives of the most favored nation. The English text of all notes or dispatches from United States offi- cials to Chinese officials, and the Chinese text of all thoritetive.*^ *"' fro™ Chinese officials to United States officials shall be authoritative. Article II.* As China may appoint consular officers to reside in the United States ' . and to enjoy there the same attributes, privileges and rights and privi- immunities as are enjoyed by consular officers of other ^^S^^' nations, the United States may appoint, as its interests may require, consular officers to reside at the places in the Empire of China that are now or that may hereafter be opened to foreign residence and trade. They shall hold direct official intercourse and correspondence with the local officers of the Chinese Government within their consular districts, either personally or in writing as the case may require, on terms of equality and reciprocal respect. These officers shall be treated with due respect by all Chinese authorities,, and they shall enjoy all the attributes, privileges and immunities, and exercise all the jurisdiction over their nationals which are or may hereafter be extended to similar officers of the nation the most favored in these respects. If the officers of either government'are disrespect- a See U. S. Treaty with China of 1858, Art. IV and V, also Final Protocol of Sept. 7, 1901. Annex No. 19, supra, p. 95. 6 See U. S. Treaty of 1858, Art. X. TBEATIES AND CONVENTIONS WITH CHINA AND KOEEA. 137 fully treated or aggrieved in any way by the authorities of the other, they shall have the right to make representation of the same to the superior officers of their own government who shall see that full inquiry and strict justice be had in the premises. And the said consu- lar officers of either nation shall carefully avoid all acts of offense to the officers and people of the other nation. On the arriVal of a consul duly accredited at any place in China opened to foreign trade it shall be the dul^ of the Minister of the United States to inform the Board of Foreign Affairs, which shall, in accordance with international usage, forthwith cause the proper recog- nition of the said consul aad grant him authority to act. Article III." Citizens of the United States may frequent, reside and carry on . , . ._ trade, industries and manufactures, or pursue any law- zena in China; ful avocation, in all the ports or localities of China their rights. which are now open or may hereafter be opened to to foreign residence and trade; and, within the suitable localities at those places which have been or may be set apart for the use and occupation of foreigners, they may rent or purchase houses, places of business and other buildings, and rent or lease in perpetuity land and build thereon. Thej shall generally enjoy as to their persons and property all such rights, privileges and immunities as are or may hereafter be granted to the subjects or citizens of the nation the most favored in these respects. Article IV.* The Chinese Government, recognizing that the existing system of levvinsr dues on eoods in transit, and especially the Likin and other f - ^ x- i 7 -7 • ■ J v-u j? transit dues to be system of taxation known as it/ctn, impedes the tree totally abolished, circulation of commodities to the general injury of trade, hereby undertakes to abandon the levy of UHn and all other transit dues throughout the Empire and to abolish the offices, stations and barriers maintained for their collection and not to establish other offices for levying dues on goods in transit. It is clearly understood that, after the offices, stations and barriers for taxing goods in transit have been abolished, no attempt shall be made to re-establish them in any form or under any pretext whatsoever. The Government of the United States, in return, consents to allow a surtax, in excess of the tariff rates for the time being rateT*graTte*d''ir in force, to be imposed on foreign goods imported by compensation. citizens of the United States and on Chinese produce «See U. S. Treaty of 1858, Art. XI. 6 See British Treaty of 1902, Art. VIII; also Japanese Treaty of 1903, Art. I. 138 TREATIES AND CONVENTIONS "WITH CHINA AND KOBE A. destined for export abroad or coastwise. It is clearly understood that in no case shall the surtax on foreign imports exceed one and one-half times the import duty leviable in terms of the final Protocol sig>ned by China and the Powers on the seventh day of September, A. D. 1901; that the payment of the import duty and surtax shall secure for for- eign imports, whether in the hands of Chinese or foreigners, in origi- nal packages or otherwise, complete immunity from all other taxation, examination or delay; thjit the total amount of taxation, inclusive of the tariff export duty, leviable on native produce for export abroad shall, under no circumstances, exceed seven and one-half per centum ad valorein. Nothing in this article is intended to interfere with the inherent right of China to levy such other taxes as are not in China's right to conflict with its provisions, levy taxes. '^ Keeping these fundamental principles in view, the High Contracting Parties have agreed upon the following metEod of procedure. The Chinese Government undertakes that all offices, stations and ,... ^ . barriers of whatsoever kind for collecting lihin, duties, Likin barriers 0^3 to be abolished, or sucli like dues on goods in transit, shall be perma- Native customs of- j^gntiy abolished on all roadsT railways and waterways llCfiS to b6 TfiTii.'i'nfln "^ 7 •/ »/ in certain locaii- in the nineteen Provinces of China and the three East- *^®^- ern Provinces. This provision does not apply to the native Customs offices at present in existence on the seaboard, at open ports where there are offices of the Imperial Maritime Customs, and on the land frontiers of China embracing the nineteen Provinces and the three Eastern Provinces. "Wherever there are offices of the Imperial Maritime Customs, or wherever such may be hereafter placed, native Customs offices may also be established, as well as at any point either on the seaboard or land frontiers. The Government of the United States agrees that foreign goods on Surtax on dn- importation, in addition to the effective five per ties on foreign centum import duty as provided for in the Protocol imports. q£ 1901, shall pay a special surtax of one and one- / half times the amount of the said duty to compensate for the abolition of likin^ of other transit dues besides likin, and of all other t.gYgfi-oM- on foj-eip -n fyoods. and in p.nnsid erati^n £>£-ika..oiJa^i- ruif lairm-j jr nrid r d for in this article. The Chinese Government may recast the foreign export tariff with specific duties, as far as practicable, on a scale not ei^*export "tariff" exceding five per centum ad valorem; but existing export duties shall not be raised until at least six ^jnonths' notice has been given. In cases where existing export duties are above five per centum, they shall be reduced to not more than TREATIES AND CONVENTIONS WITH CHi:iJA AND KOREA. 139 that rate. An additional special surtax of one-half ports; how levied' ^'^® export duty payable for the time being, in lieu of internal taxation of all kinds, may be levied at the place of original shipment or at the time of export on goods exported either to foreign countries or coastwise. Foreign goods which bear a similarity to native goods shall be fur- nished by the Customs officers, if required by the gi^^ " owner, with a protective, certificate for each package, on the payment of import duty and surtax, to prevent the risk of any dispute in the interior. Native goods brought by junks to open ports, if intended for local consumption, irrespective of the nationality^ of the goods" ' °'"* owner of the goods, shall be reported at the native Customs offices only, to be dealt with according to the fiscal regulations of the Chinese Government. Machine-made cotton yarn and cloth manufactured in China, whether Machine-made ^J foreigners at the. open ports or by Chinese any- goods in China, where in China, shall as regards taxation be on a foot- reatment o . • ^^^ ^^ perfect equalit3^ Such goods upon payment of the taxes thereon shall be granted a rebate of the import duty and of two-thirds of the import surtax paid on the cotton used in their manufacture, if it has been imported from abroad, and of all duties paid thereon if it be Chinese grown cotton. They shall also be free of export duty, coast-trade duty and export surtax. The same principle and procedure shall be applied to all other products of foreign type turned out by machinery in China. A member or members of the Imperial Maritime Customs foreign staff shall be selected bj^ the Governors-General and toms^'^ to™ oversee Governors of each of the various provinces of the native customs Empire for their respective provinces, and appointed affairs. .^ consultation with the Inspector General of Impe- rial Maritime Customs, for duty in connection with native Customs affairs to have a general supervision of their working. Cases where illegal action is complained of by citizens of the United States shall be promptly investigated by an officer of Complaints, how ^j^g Chinese Government of sufficiently high rank, in sponsiMUtyforen- conjunction with an officer of the United States Gov- forcement of pro- ernment, and an officer of the Imperial Maritime Cus- visions rea y. ^^^^^ ^^^]^ ^f sufficient standing; and, in the event of it being found by the investigating officers that the complaint is well founded and loss has been incurred, due compensation shall be paid through the Imperial Maritime Customs. The high provincial offi- cials shall be held responsible that the officer guilty of the illegal action- shall be severely punished and removed from his post. If the^, complaint is shown to be frivolous or malicious, the complainant shall be held responsible for the expenses of the investigation. 140 TEEATIES AND J30NVENTI0NS WITH CHINA AND KOKEA. When the ratifications of this Treaty shall have been exchanged by the High Contracting Parties hereto, and the proyi- lishefwhen ani- sions of this Article shall have been accepted by the oie becomes oper- Powers having treaties with China, then a date shall **^'*" be agreed upon when the provisions of this Article shall take effect and an Imperial Edict shall be published in due form on yellow paper and circulated throughout the Empire of China set- ting forth the abolition of all lildn taxation, duties on goods in transit, offices, stations and barriers for collecting the same, and of all descrip- tions of internal taxation on foreign goods, and the imposition of the surtax on the import of foreign goods and on the export of native goods, and the other fiscal changes and reforms provided for in this Article, all of which shall take effect from the said date. The Edict shall state that the provincial high officials are responsible that any official disregarding the letter or the spirit of its injunction shall be severely punished and removed from his post. Article V.'' The tariff duties to be paid by citizens of the United States on goods imported into China shall be as set forth in the sched- caulmports^'Most ^^^ annexed hereto and made part of this Treaty, sub- favored nation ject Only to such amendments and changes as are treatment. authorized by Article IV of the present convention or as may hei'eafter be agreed upon by the High Contracting Parties hereto. It is expressly agreed, however, that citizens of the United States shall at no time pay other or higher duties than those paid by the citizens or subjects of the most favored nation. Conversely, Chinese subjects shall not pay higher duties on their imports into the United States than those paid by the citizens or sub- jects of the most favored nation. Article VI.* The Government of China agrees to the establishment by citizens of the United States of warehouses approved by the house". * '^^^^' proper Chinese authorities as bonded warehouses at the several open Ports of China, for storage, re-packing, or preparation f pr shipment of lawful goods, subject to such necessary regulations for the protection of the revenue of China, including a reasonable scale of fees according to commodities, distance from the custom house and hours of working, as shall be made from time to time by the proper officers of the Government of China. n See British Treaty of 1902, Art. XV; also Japanese Treaty of 1903, Art. I. 6 See British Treaty of 1902, Art. VI. TEEATIES AND CONVENTIONS WITH CHINA AND KOREA. 141 Article VIl." The Chinese Government, recognizing that it is advantageous for Mining reguia- '^® country to develop its mineral resources, and that tions to be revised it is desirable to attract foreign as well as Chinese oonraged**""^ ^"" ^^P^^al to embark in mining enterprises, agrees, within one year from the. signing of this Treaty, to initiate and conclude the revision of the existing mining regulations. To this end China will, with all expedition and earnestness, go into the whole question of mining rules; and, selecting from the rules of the United States and other countries regulations which seem applicable to the condition of China, will recast its present mining rules in such a way as, while promoting the interests of Chinese subjects and not injuring in any way the sovereign rights of China, will ojflfer no impediment to the attraction of foreign capital nor place foreign capitalists at a greater disadvantage than they would be under generally accepted foreign regulations; and will permit citizens of the United States to carry on in Chinese territory mining operations and other necessary business relating thereto provided they comply with the new regula- tions and conditions which will be imposed by China on its subjects and foreigners alike, relating to the opening of mines, the renting of mineral land, and the payment of royalty, and provided they apply for permits, the provisions of which in regard to necessary business relating to such operations shall be observed. The residence of citi- zens of the United States in connection with such mining operations shall be subject to such regulations as shall be»agreed upon by and between the United States and China. Any mining concession granted after the publication of such new rules shall be subject to their provisions. Article VIII.* Drawback certificates for the return of duties shall be issued by the Imperial Maritime Customs to citizens of the United Drawback certi- g^^tes within three weeks of the presentation to the Customs of the papers entitling the applicant to receive such drawback certificates, and they shall be receivable at their face value in payment of duties of all kinds (tonnage dues excepted) at the port of issue; or shall, in the case of drawbacks on foreign goods re- exported within three years from the date of importation, be redeem- able by the Imperial Maritime Customs in full in ready money at the port of issue, at the option of the holders thereof. But if, in connec- tion with any application for a drawback certificate, the Customs authorities discover an attempt to defraud the revenue, the applicant «See British Treaty of 1902, Art. IX. 6 See British Treaty of 1902, Art. I. 142 TEEATIES AND CONVENTIONS WITH CHINA AND KOBEA. • shall be dealt with and punished in accordance with the stipulations provided in the Treaty of Tientsin, Article XXI, in the case of detected frauds on the revenue. In case the goods have been removed from Chinese territory, then the consul shall inflict on the guilty party a suitable fine to be paid to the Chinese Government. Article IX. « Whereas the United States undertakes to protect the citizens of any country in the exclusive use within the United States fi^de-marks.'"' °^ ^^ ^^J lawful trade-marks, provided that such country agrees by treaty or convention to give like protection to citizens of the United States: — Therefore the Government of China, in order to secure such protec- tion in the United States for its subjects, now agrees to fully protect any citizen, firm or corporation of the United States in the exclusive u^e in the Empire of China of any lawful trade-mark to the exclusive use of which in the United States they are entitled, or which they have adopted and used, or intend to adopt and use as soon as registered, for exclusive use within the Empire of China. To this end the Chinese Government agrees to issue by its proper authorities proclamations, having the force of law, forbidding all subjects of China from infring- ing on, imitating, colorably imitating, or knowingly passing off an imitation of trade-marks belonging to citizens of the United States, which shall have been registered by the proper authorities of the United States at such offices as the Chinese Government will establish for such purpose, on payment of a reasonable fee, after due investiga- tion by the Chinese authorities, and in compliance with reasonable regulations. Article X. The United States Government allows subjects of China to patent their inventions in the United States and protects them Protection of j^ jj^g ^gg ^^^^ ownership of such patents. The Gov- ernment of China now agrees that it will establish a fatent Office. After this office has been established and special laws with regard to inventions have been adopted it will thereupon, after the payment of the prescribed fees, issue certificates of protection, valid for a fixed term of years, to citizens of the United States on all their patents issued by the United States, in respect of articles the sale of which is lawful in China, which do not infringe on previous inventions of Chinese subjects, in the same manner as patents are to. be issued to subjects of China. « See British Treaty of 1902, Art. VII; also Japanese Treaty of 1903, Art. V. TREATIES AND CONVENTIONS "WITH CHINA AND KOKEA. 143 Article XI. ** Whereas the Government of the United States undertakes to give the benefits of its copyright laws to the citizens of any copyright*"" °' foreign State which gives to the citizens of the United States the benefits of copyright on an equal basis with its own citizens: — Therefore the Government of China, in order to secure such benefits in the United States for its subjects, now agrees to give full protection, in the same way and manner and subject to the same conditions upon which it agrees to protect trade-marks, to all citizens of the United States who are authors, designers or proprietors of any book, map, print or engraving especially prepared for the use and education of the Chinese people, or translation into Chinese of any book, in the exclusive right to print and sell such book, map, print, engraving or translation in the Empire of China during ten years from the date of registration. With the exception of the books, maps, etc., specified above, which may not be reprinted in the same form, no work shall be entitled to copyright privileges under this article. It is understood that Chinese subjects shall be at liberty to make, print and sell origi- nal translations into Chinese of any works written or of maps compiled ^ ^ by a citizen of the United States. This article shall not be held to protect against due process of law any citizen of the United States or ' Chinese subject who may be author, proprietor or seller of any publi- cation calculated to injure the well-being of China. Article XII.* The Chinese Government having in 1898 opened the navigable inland waters of the Empire to commerce by all steam vessels, ini^rwato. °^ native or foreign, that may be specially registered for the purpose, for the conveyance of passengers and lawful merchandise, — citizens, firms and corporations of the United States may engage in such commerce on equal terms with those granted to subjects of any foreign power. In case either party hereto considers it advantageous at any time that the rules and regulations then in existence for such commerce be altered or amended, the Chinese Government agrees to consider ami- cably and to adopt such modifications thereof as are found necessary for trade and for the benefit of China. The Chinese Government agrees that, upon the exchange of the MukdenandAn- ratifications of this Treaty, Mukden and Antung, both .,tung opened to in the province of Sheng-king, will be opened by China foreign trade. ^^.^^jj ^^ places of international residence and trade. ogee Japanese Treaty of 1903, Art. V. b See British Treaty of 1902, Art. VIII, sec. 12, and Art. X. Japanese Treaty of 1903, Art. Vni Cf. last paragraph with Japanese Treaty of 1903, Art. X, par. 3. 144 TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. The selection of suitable localities to be set apart for international use and occupation and the regulations for these places set apart for for- eign residence and trade shall be agreed upon by the Governments of the United States and China after consultation together. Akticle XIII." China agrees to take the necessary steps to provide for a uniform national coinage which shall be legal tender in payment ai co^ag"^""*""" of all duties, taxes and other obligations throughout the Empire by the citizens of the United States as well as Chinese subjects. It is u nderstood, however, that all Customs duties shall continue to be calculated and paid on the basis of the Haikuan Tael. Article XIV.* The principles of the Christian religion, as professed by the Protes- „^ . ^. ., ., tant and Roman Catholic Churches, are recognized as Christianity, its . i i t i i teachers and foi- teachmg men to do good and to do to others as they lowers not to be ^ould have others do to them. Those who quietly discriminated , '^ against. Bights profess and teach these doctrines shall not be harassed and dnties of mis- ^p persecuted on account of their faith. Any person, sionaries. *■ ./ x ? whether citizen of the United States or Chinese con- vert, who, according to these tenets, peaceably teaches and practices the principles of Christianity shall in no case be interfered with or molested therefor. No restrictions shall be placed on Chinese joining Christian churches. Converts and non-converts, being Chinese sub- jects, shall alike conform to the laws of China; and shall pay due respect to those in authority, living together in peace and amity, and the fact of being converts shall not protect them from the consequences of any offence they may have committed before or may commit after their admission into the church, or exempt them from paying legal taxes levied on Chinese subjects generally, except taxes levied and con- tributions for the support of religious customs and practices contrary to their faith. Missionaries shall not interfere with the exercise by the native authorities of their jurisdiction over Chinese subjects; nor shall the native authorities make any distinction between converts and non-converts, but shall administer the laws without partiality so that both classes can live together in peace. Missionary societies of the United States shall be permitted to rent Property land ^^^ **^ ^^^^^ in perpetuity, as the property of such purchased by mis- societies, buildings or lands in all parts of the Empire sionary societies, f ^j, missionary purposes and, after the title deeds have aSee British Treaty of 1902, Art. II, and Japanese Treaty of 1903, Art. XIII. 6 See U. S. Treaty of 1858, Art. XXIX, and British Treaty of 1902, Art. XIII. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 145 been found in order and duly stamped by the local authorities, to erect such suitable buildings as may be required for carrying on their good work. Article XV. <* The Government of China having expressed a strong desire to reform . . ,. its judicial system and to bring it into accord with that ciai system. Ex- of Western nations, the United States agrees to give territoriality to every assistance to such reform and will also be pre- pared to relinguish extra-territorial rights when satis- fied that the state of the Chinese laws, the arrangements for their administration, and other considerations warrant it in so doing. Article XVI.* The Government of the United States consents to the prohibition by Prohibition f *^® Government of China of the importation into importation of China of morphia and of instruments for its injection, morphia. excepting morphia and instruments for its injection imported for medical purposes, on payment of tariff duty, and under regulations to be framed by China which shall effectually restrict the use of such import to the said purposes. This prohibition shall be uniformly applied to such importation from all countries. The Chinese Government undertakes to adopt at once measures to prevent the manufacture in China of morphia and of instruments for its injection. Article XVII. It is agreed between the High Contracting Parties hereto that all the provisions of the several treaties between the United ma^"in 7orce ex- States and China which were in force on the first day cept as here modi- of January A. D. 1900, are continued in full force and **^" effect except in so far as they are modified by the present Treaty or other treaties to which the United States is a party. The present Treaty shall remain in force for a period of ten years beginning with the date of the exchange of ratifications and until a revision is effected as hereinafter provided. It is further agreed that either of the High Contracting Parties may demand that the tariff and the articles of this conven- Kevision. ^j^^^ ^^ revised at the end of ten years from the date of the exchange of the ratifications thereof. If no revision is demanded before the end of the first term of ten years, then these articles in their present form shall remain in full force for a further term of ten years reckoned from the end of the first term, and so on for successive periods of ten years. a See British Treaty of 1902, Art. XII, and Japanese Treaty of 1903, Art. XI. 6 See British Treaty of 1902, Art. XI. 27938—04 10 146 TREATIES AND CONVENTIONS WITH CNINA AND KOKEA. The English and Chinese texts of the present Treaty and its three annexes have been carefully compared; but, in the tiiOTit^'uv *^^* ^^" ®^®^* °^ there being any difference of meaning between them, the sense as expressed in the English text shall be held to be the correct one. This Treaty and its three annexes shall be ratified by the two High Contracting Parties in conformity with their respective constitutions, and the ratifications shall be exchanged in Washington not later than twelve months from the present date. In testimony whereof, we, the! undersigned, by virtue of our respective powers, have signed this Treaty in duplicate in the English and Chinese languages, and have affixed our respective seals. Done at Shanghai, this eighth day of October in the year of our Lord one thousand nine hundred and three, and in the twenty ninth year of Kuang Hsii eighth month and eighteenth day. Edwin H. Congee [seal.] John Goodnow. [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. [Ltf Hai-huan] [Sheng Hsuan-huai] Annex I. As citizens of the United States are already forbidden by treaty to deal in or handle opium, no mention has been made in this Treaty of opium taxation. As the trade in salt is a government monopoly in China, no mention has been made in this Treaty of salt taxation. It is, however, understood, after full discussion and consideration, that the collection of inland dues on opium and salt and the means for the protection of the revenue therefrom and for preventing illicit traffic therein are left to be administered by the Chinese Government in such manner as shall in no wise interfere with the provisions of Article IV of this treaty regarding the unobstructed transit of other goods, Edwin H. Conger [seal.] John Goodnow [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. [Ltj Hai-huan] [Sheng HsOan-huai] TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 147 Annex II. Article IV of the Treaty of Commerce between the United States and China of this date provides for the retention of the native Cus- toms offices at the open ports. • For the purpose of safeguarding the revenue of China at such places, it is understood that the Chinese Government shall be entitled to establish and maintain such branch native Customs offices at each open port, within a reasonable distance of the main native Customs offices at the port, as shall be deemed by the authorities of the Imperial Maritime Customs at that port neces- sary to collect the revenue from the trade into and out of such port. Such branches, a§.well as the main native Customs offices at each open port, shall be administered by the Imperial Maritime Customs as pro- vided by the Protocol of 1901. Edwin H. Congee [seal.] John Goodnow [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. [Lt? Hai-huan] [Sheng HstJan-huai] Annex III. The schedule of tariflp duties on imported goods annexed to this Treaty under Article V is hereby mutually declared to be the schedule agreed upon between the representatives of China and the>United States and signed by John Goodnow for the United States and Their Excellencies Lu Hai-huan and Sheng Hsuan-huai for China at Shanghai on the sixth day of September A. D. 1902, according to the Protocol of the seventh day of September A. D. 1901. Edwin H. Conger [seal.] John Goodnow [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. [Lit Hai-haun] [Sheng Hsuan-huai] IMPORT TARIFF. « Agar-agar perpicuL. .300 Agaric. See Fungus. Xaxber P^'" catty.. . 325 Aniseed (star): First quality (value 15 taels and over per picul) perpicul.. 1.000 Second quality (value under 15 taels per picul) ...do 440 Apricot seed do 900 Arrowroot and arrowroot flour ■- 5 per ct. «The figures in the Import Tariff schedule express amounts in haikwan tafels. 148 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. Asafetida per picul. . 1. 000 Asbestos boiler composition do .200 Asbestos fiber do 5. 000' Asbestos millboard do . 500 Asbestos packing, including sheets and blocks do 3.500 Asbestos packing, metallic J do 5. 000 Asbestos yarn do 2. 250 Awabi do 1.500 Bacon and ham 5 per ct. Grass per thousand. . 1. 250 Gunny do 4.250 Gunny (old) 5 per ct. Hemp pe^ifchousand. . 4. 250 Hemp (old) 5 per ct. Straw per thousand.. 1.250 Baking powder in bottles or tins: 4-ounce per dozen.. .083 6-ounce do .110 8-oiuice do . 145 12-ounce do 226 1-pound do 303 3-pound do 810 . 6-pound do 1.350 Bark: Mangrove per picul.. .073 Plum tree do 120 Yellow (for dyeing) 5 per ct. Yellow (medicinal) per picul.. . 800 Barley, pearl do . 300 Basins, iron (enameled): Up to 9 inches in diameter, decorated or not decorated per dozen. . . 050 Over 9 inches in diameter, agate, blue and white, gray or mottled, not decorated per dozen. . . 090 Over 9 inches in diameter, decorated (withgold) do .175 Over 9 inches in di|Pmeter, decorated (without gold) do .125 Basins, tin (common) per gross.. .250 Coral per catty.. .750 Cornelian per picul.. 7.000 Glass of all kinds 5 per ct. Beer. See Wines, etc. Beeswax, yellow per picul.. 1.600 Belting 5 per ct. Betel-nut husk: Dried per picul.. .077 Fresh do 018 Betel-nut leaves, dried do .045 Betel nuts: Dried do 225 Fresh do 018 Bezoar, cow, Indian 5 per ct. Bicho de Mar: Black per picul.. 1.600 White do 700 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 149 Bicycle materials 5 per ct. Bicycles each.. 3.000 Birds' nests: First quality per catty.. 1.400 Second quality do . 450 Third quality do. . . . .150 Blue: Paris per'picuL. 1.500 Prussian do 1 . 500 Bones, tiger do 2.500 Books: Chinese ^ Free. Printed, and charts, maps, newspapers, and periodicals Free. Borax: Crude per picul. . . 610 Refined do.... 1.460 Braid, llama do 5.000 Bricks, fire .' 5 per ct. Bronze powder per picul. . 2. 200 Butter in ting, jars, and other packages do 2.000 Buttons: Agate and porcelain per 12 gross.. .010 Brass and other kinds (not jewelry) per gross.. .020 Byrrh. (See Wines, etc.) Camphor per picul.. 1.650 Camphor baroos: Clean per catty.. 2.450 Refuse 5 per ct. Candles: 9-ounce per case of 25 packages of 6 candles.. .075 12-ounce do 100 16-ounce do 133 All kinds, differently packed per picul.. .750 Other weights, duty in proportion. Canes: Bamboo per thousand.. .400 Coir— 1 foot long per picul.. .200 5 feet long per thousand.. .300 Canned fruits, vegetables, etc. (all weights and measures approxunate) : Table fruits (apples, apricots, grapes, peaches, pears, and plums), per dozen 2J-pound cans • 065 Pie fruits (apples, apricots, grapes, peaches, pears, and plums), per dozen 2 J-pound cans 057 Preserved fruits in glass bottles, jars, cardboard, or wooden boxes, in- cluding weight of immediate package per picul. . . 650 Asparagus..... per dozen 2f pound tms. . .118 /1qj,jj ■ per dozen 2-pound tins.. .054 Pease""-".'.'-'."."-'-''-"-'-'-""'-"-"-'-'-'- ^° °6° String beans do 054 Tomatoes P^' dozen 2J-pound tms. . . 054 All other vegetables preserved in tins, bottles, or jars, including weight of immediate package per picul.. .525 150 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Canned fruits, vegetables, etc. — Continued. Tomato sauce and catsup — J-pint bottles per dozen. . . 054 1-pint bottles .'.do 087 Jams and jellies — l-poiind tins, bottles, or jars per dozen.. .060 2-pound tins, bottles, or jars do .118 Milk (including condensed) per case of 4 dozen 1-pound tins.. .250 Cream, evaporated — 4 dozen pints (family size) per case.. .230 2 dozen quarts (hotel size) do .260 Canned meats — Bacon or ham, sliced — Half-pound tins per dozen.. .077 1-pound tins do .144 Dried beef, sliced per dozen 1-pound jars.. .144 Mince-meat — IJ-pound pails , ' per dozen. . . 100 3-pound pails do . 181 Kits (half barrels and barrels) per picul. . . 729 Pork and beans, plain or with tomato sauce — 1-pound tins per dozen.. .040 2-pound tins do . 075 3-pound tins do . 085 Potted and deviled meat — Quarter-pound tins do .022 Half-pound tins do . 042 Potted and deviled poultry and poultry and meat combined — Quarter-pound tins per dozen. . . 042 Half-pound tins ' do .072 Soup and bouilli — 2-pound tins do .101 6-pound tins do . 244 Tamales, chicken — Half-pound tins do .051 1-pound tins do . 080 Tongues of every description— , Half-pound tins do .098 1-pound tins do . 204 1 J-pound tins do . 287 2-pound tins do . 333 2 J-pound tins do . 445 3-pound tins do .515 3i-pound tins do . 545 All other canned meats, including game, of every description, with or without vegetables — Half-pound tins per dozen.. .052 1-pound tins do 063 2-pound tins do . 120 4-pound tins do . 210 6-pound tins do 370 14-pound tins do .810 Canvas and cotton duck, not exceeding 36 inches wide per yard. . . 010 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. 151 Capoor cutchery 5 per ct. Cardamoms: Superior, and amomums per picul. . 10. 000 Inferior, or grains of paradise do 1. 000 Husk do 250 Cards, playing 5 per ct. Cassia: Buds per picul. . .750 Lignea do 920 Twigs do 170 Cement per cask of 3 piculs.. .150 Cereals and fiour (including barley, maize, millet, oats, paddy, rice, wlieat, and flour made therefrom; also buckwheat and buckwheat flour, corn flour and yellow corn meal, rye flour, and hovis flour, but not including arrowroot and arrowroot flour, cracked wheat, germea, hominy, pearl barley, potato flour, quaker oats, rolled oats, sago and sago flour, shredded wheat, tapioca and tapioca flour, and yam flour) Free. Chairs, Vienna bent-wood per dozen.. ".800 Charcoal per picul.. .030 Cheese 5 per ct. Chestnuts per picul . . .180 China root, whole, sliced, or in cubes do . 650 China ware, coarse and fine 5 per ct. Chloride of lime per picul. . .300 Chocolate, sweetened per pound.. .012 Cigarettes: First quality (value exceeding 4.50 taels per thousand) .per thousand. . . 500 Second quality ( value not exceeding 4. 50 taels per thousand ) do . 090 Cigars do . 500 Cinnabar per picul. . 3. 750 Cinnamon do 4. 000 Clams, dried do . 550 Clocks of all kinds 5 per ct. Cloves per picul.. .630 Cloves, mother do . 360 Coal: Asiatic per ton. . . 250 Other kinds do 600 Asiatic, briquettes do . 500 Cochineal 5 per ct. Cockles: Dried per picul.. .500 Fresh - do 050 Cocoa do.... 3.600 Coffee do.... 1.000 Coir canes : 1 foot long per picul.. .200 5 feet long per thousand.. .300 Coke: Asiatic per ton.. .500 Other kinds do 900 Compoy per picul.- 2.000 Coral per catty.. 1.110 152 TREATIES AND CONVENTIONS "WITH CHINA AND KOREA. Coral beads per catty. . . 750 Coral, broken and refuse do 550 Cordage of all kinds 5 per ct. Cornelian beads per picul. . 7. 000 Cornelian stones, rough per hundred. . . 300 Corundum sand ...per picul.. .195 Cotton piece goods: \ •^Gray shirtings or sheetings, not exceeding 40 inches wide and not \ ; exceeding 40 yards long — \ (a) Weight 7 pounds and under per piece. . . 050 , \ (6) Weight over 7 pounds and not over 9 pounds do 080 , ', (c) Weight over 9 pounds and not over 11 pounds do 110 i "" (i) Weight over 11 pounds : do 120 Imitation native cotton cloth (hand-made), gray or bleached— (a) Not exceeding 20 inches wide and not exceeding 20 yards long; weight 3 pounds and under per piece. . . 027 (6) Exceeding 20 inches wide 5 per ct. White shirtings, white Irishes, white sheetings, white brocades, and white striped or spotted shirtings: not exceeding 37 inches wide and not exceeding 42 yards long per piece. . . 135 I Drills, gray or white: not exceeding 31 inches wide and not exceeding ! ' 40 yards long — (a) Weight 12J pounds and imder per piece. . . 100 I (6) Weight over 12f pounds do 125 Jeans, gray or white— (a) Not. exceeding 31 inches wide and not exceeding 30 yards longi per piece. . . 090 (6) Not exceeding 31 inches wide and not exceeding 40 yards long per piece . . .120 T cloths, gray or white — (a) Not exceeding 34 inches wide and not exceeding 24 yards long per piece. . . 070 (6) Not exceeding 34 inches wide and exceeding 24 yards, but not exceeding 40 yards long per piece.. .135 (c) Exceeding 34 inches but not exceeding 37 inches wide and ~ ^ not exceeding 24 yards long per piece.. .080 Crimp cloth and crape, plain — (o) Not exceeding 30 inches wide and not exceeding 6 yards long, per piece 027 (5) Not exceeding 30 inches wide, exceeding 6 yards but not exceeding 10 yards long per piece.. .035 (c) Not exceeding 30 inches wide but exceeding 10 yards long, per yard ., 003J White muslins, white lawns: and white cambrics: not exceeding 46 inches wide and not exceeding 12 yards long per piece . . . 032 Mosquito netting, white or colored: not exceeding 90 inches wide, per yard 010 Lenos and balzarines, white, dyed, or printed: not exceeding 31 inches wide and not exceeding 30 yards long per piece. . . 090 Leno brocades and balzarine brocades, dyed 5 per ct. Prints— (a) Printed cambrics, lawns, or musHns: not exceeding 46 inches wide and not exceeding 12 yards long per piece. . . 037 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. 153 Cotton piece goods — Continued. Prints — Continued. (6) Printed chintzes, printed crapes, printed drills, printed furni- tures, printed shirtings, printed T-cloths (including those goods known as blue and white printed T-cloths) , printed twills: but not including goods mentioned in (e) and (h) — 1. Not exceeding 20 inches wide 5 per ct. 2. Exceeding 20 inches but not exceeding 31 inches wide and not exceeding 30 yards long per piece. . . 080 (c) Printed crimp cloth — 1. Not exceeding 30 inches wide and not exceeding 6 \ yards long per piece.. .027 2. Not exceeding 30 inches wide, exceeding 6 yards but not exceeding 10 yards long per piece.. .035 3. Not exceeding 30 inches wide but exceeding 10 yards long, per yard 003J (d) Printed lenos and balzarines: not exceeding 31 inches wide and not exceeding 30 yards long per piece. . . 090 (e) Printed sheetings: not exceeding 36 inches wide and not ex- ceeding 43 yards long per piece. . . 185 (/) Printed Turkey reds: of all kinds, not exceeding 31 inches wide and not exceeding 25 yards long per piece . . . 100 ■ (g) Printed sateens, printed satinets, printed reps, printed cotton lastings, including all cotton piece goods which are both dyed and printed, except those specified in (/) and [h], and including any special finish, such as mercerized finish, schreiner finish, gassed finish, silk finish, or electric finish not exceeding 32 inches wide and not exceeding 32 yards long , per piece.. .250 (h) Duplex prints or reversible cretonnes (not including those -..^ goods known as blue and white printed T-cloths) 5 per ct. \^ /Dyed cottons — (a) Dyed plain cottons, i. e., without woven or embossed figures (including plain Italians, lastings, reps, and ribs, and all I other dyed plain cottons not otherwise enumerated, and including any special finish, such as mercerized finish, schreiner finish, gassed finish, silk finish, or electric finish): not exceeding 36 inches wide and not exceeding 33 yards long perpiece.. .240 (6) Dyed figured cottons, i. e., with woven or embossed figures (including figured Italians and lastings, figured reps, and figured ribs, and all other dyed figured cottons not other- wise enumerated, and including any special finish, such as mercerized finish, schreiner finigh, gassed finish, silk fin- ish, or electric finish) : not exceeding 36 inches wide and not exceeding 33 yards long perpiece.. .150 (c) Dyed crimp cloth — 1. Not exceeding 30 inches wide and not exceeding 6 yards long per piece. . . 027 2. Not exceeding 30 inches wide, exceeding 6 yards but not exceeding 10 yards long per piece. . . 035 3. Not exceeding 30 inches wide but exceeding 10 yards long peryar,d.. .003J 154 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. Cotton piece goods — Continued. Dyed cottons — Continued. (d) Dyed drills: not exceeding 31 inches wide and not exceeding 43 yards long ^ per piece. . . 170 (e) Dyed lenos and balzarines: not exceeding 31 inches wide and not exceeding 30 yards long per piece. . . 090 (/) Dyed leno brocades 5 per ct. (g) Dyed muslins, lawns, and cambrics: not exceeding 46 inches wide and not exceeding 12 yards long per piece. . . 037 (h) Dyed shirtings and sheetings: not exceeding 36 inches wide and not exceeding 43 yards long per piece. . . 150 (i) Hongkong-dyed shirtings: not exceeding 36 inches wide and not exceeding 20 yards long per piece. . . 100 {j) Dyed cotton cuts: not exceeding 36 inches wide and not exceed- ing 5i yards long per piece. . . 022J (N. B. — The pro rata rule does not apply. ) (k) Dyed T-cloths (including dyed alpacianos), dyed real and imi- tation Turkey reds of all kinds: not exceeding 32 inches wide and not exceeding 25 yards long — 1. Weight 3i pounds and under per piece.. .060 2. Weight over 3i pounds do 100 Flannelettes and cotton Spanish stripes — (a) Cotton flannel. Canton flannel, swan's-down, flannelettes, and raised cotton cloths of all kinds, plain, dyed, and printed — 1. Not exceeding 36 inches wide and not exceeding 15 yards long per piece.. . 065 2. Not exceeding 36 inches wide, exceeding 15 yards but not exceeding 30 yards long per piece. . . 130 (6) Dyed cotton Spanish stripes — 1. Not exceeding 32 inches wide and not exceeding 20 yards long .~T : per piece. . . 085 2. Exceeding 32 inches but not exceeding 64 inches wide and not exceeding 20 yards long per piece. . . 170 Colored woven cottons, i. e.,,dyed in the yarn, except crimp cloth 5 per ct. Crimp cloth — (a) Not exceeding 30 inches wide and not exceeding 6 yards long, per piece : 027 (6) Not exceeding 30 inches wide and exceeding 6 yards but not ex- ceeding 10 yards long per piece. . . 035 (c) Not exceeding 30 inches wide but exceeding 10 yards long, per yard 003J Velvets and velveteens, velvet cords, and fustians — " (a) Velvets and velveteens, plain — * ^ 1. Not exceeding 18 inches wide per yard. . . 006 2. Exceeding 18 inches but not exceeding 22 inches wide, per yard .' 007 3. Exceeding 22 inches but not exceeding 26 inches wide, peryard ' .008 (6) Velvets and velveteens, printed or embossed: not exceeding 30 inches wide peryard.. .015 (c) Dyed velvet cords, dyed velveteen cords, dyed corduroys, dyed fustians of any description: not exceeding 30 inches wide peryard.. .015 Blankets, cotton, plain, printed, or jacquard per piece. . . 030 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 155 Cotton piece goods — Continued. Handkerchiefs, cotton — (a) Plain, dyed, or printed, not embroidered, hemstitched or ini- tialed : not exceeding 1 yard square per dozen . . . 020 (6) All other handkerchiefs 5 per ct. Singlets or drawers, cotton per dozen. . . 125 Socks, cotton (including lisle thread) — First quality (i. «., valued at 1 tael or over per dozen pairs), per dozen pairs .075 Second quality {i. e., valued at less than 1 tael per dozen pairs), per dozen pairs . 032 Towels, cotton — (a) Honeycomb or huckaback, plain or printed (dimensions ex- clusive of fringe) — 1. Notexceeding 18 inches wideand not exceeding 40 inches long per dozen. . . 020 2. Exceeding 18 inches wide and not exceeding 50 inches long per dozen. . . 030 (6) All other towels 5 per ct. Cottons, unclassed 6 per ct. Cotton, raw per pioul. . . 600 Cotton thread: feall thread, dyed or undyed do 3. 000 On spools — 50 yards per gross.; .040 100 yards do 080 200 yards do 160 Cotton yarn: Gray or bleached per picul. . . 950 Dyed 1 5 per ct. Gassed - 5 per ct. Mercerized 5 per ct. Wooloa or berlinette ..., per picul. . 3. 500 Cow bezoar, Indian 5 per ct. . Crabs' flesh per picul. . . 600 Crocodile (including armadillo) scales do 2. 725 Currants do 500 Cutch do 300 Cuttlefish do 667 Dyes, colors, and paints: Aniline 5 per ct. Blue- Paris per picul . . 1. 500 Prussian do 1.500 Bronze powder do 2.200 Carthamin 5 per ct. Chrome yellow 5 per ct. Cinnabar per picul.. 3.750 Gamboge - do.... 2.700 Green — Emerald do.... 1.000 Sch weinfurt, or imitation do 1. 000 Indigo — ' Dried, artificial or natural 5 per ct. 156 TEEATIES AND CONVENTIONS WITH CHINA AND KOBEA. Dyes, colors, and paints — Continued. Indigo — Continued. Liquid — Artificial perpicul.. 2.025 Natural do 215 Paste, artificial do 2.025 Lead — Red, dry or mixed with oil do .450 White, dry or mixed with oil do .450 Yellow, dry or mixed with oil do .450 Logwood extract do . 600 Ocher •. do 600 Smalt do.... 1.600 Ultramarine do . 500 Vermilion do 4. 000 Imitation 5 per ct. White zinc 5 per ct. Paints, unclasaed ., 5 per ct. Elephants' teeth (other than tusks) and jaws, whole or part per picul.. 3.000 Elephants' tusks, whole or parts per catty. . . 170 Emery cloth and sandpaper (sheets not exceeding 144 square inches), per ream .250 Emery powder 5 pSr ct. Enameled ironware: Mugs, cups, basins, and bowls, 9 inches or under in diameter, deco- rated or not decorated per dozen.. .050 Basins and bowls, over 9 inches in diameter, agate, blue and white, gray, mottled, not decorated per dozen. . . 090 Basins and bowls, over 9 inches in diameter, decorated (with gold), per dozen , .175 Basins and bowls, over 9 inches in diameter, decorated (without gold) , per dozen .125 Enamel ware, unclassed 5 per ct. Fans: Palm-leaf— Coarse per thousand.. .280 Fine do 450 Fancy do 1.000 Paper or cotton, of all kinds do 1.400 Silk 5perct. Feathers: Kingfisher — Partskins (i. e., wings, tails, or backs) per hundred.. .250 Whole skins do . 600 Peacock 5 per ct. Files. See Tools. Fireclay perpicul.. .050 Firewood do 010 Fish: Cuttle do 667 Dried ot smoked, in bulk (including stockfish but not including cuttle- fish) perpicul.. .315 Fresh do 137 Maws do 4.250 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 157 Fish — Continued. Salt perpicuL. .160 Stock do 315 Fishskins do 600 Flints (Jo 040 Flour. See Cereals. Flour, arrowroot, potato, sago, tapioca, yam 5 per ct. Fungus or agaric perpicuL. 1.750 Fungus, white per catty.. .250 Galangal perpicuL. .170 Gambler do 300 Gambler, false or cunao (yam-root dyestuff) do 150 Gamboge do 2.700 Gasoline or stove naphtha per 10 gallon drum.. .150 Ginseng: Crude — Fi rst quality ( value exceeding 2 taels per catty ) per catty . . .220 Second quality (value not exceeding 2 taels per catty) do . 072 Clarified ou cleaned — First quality (value exceeding 11 taels per catty) do.... 1.100 Second quality (value exceeding 6 taels but not exceeding 11 taels per catty ) per catty. . . 375 Third quality (value exceeding 2 taels but not exceeding 6 taels per catty) per catty.. .220 Fourth quality ( value not exceeding 2 taels per catty ) do .080 Glass: Plate- Silvered per square foot.. .025 Unsilvered 5 per ct. Window — Colored, stained, ground, or obscured, .per box of 100 square feet. . . 350 Common, not stained, colored, or otherwise obscured do .170 Glass powder (see match-making materials) per picul. . . 110 Glue do 830 Gold thread, imitation. See Thread. Groundnuts do .150 Gum arable do 1.000 Gum benjamin do .600 Gum benjamin, oil of 5 per ct. Gum dragon's blood perpicuL. 4.000 Gum myrrh do 465 Gumolibanum do 450 Gum resin do . 187 Gutta-percha. See India rubber. Hair, horse..... do.... 1.400 Hair, horsetails do.... 2.500 Hams - 5perct. Handkerchiefs. See Cotton piece goods. Hartall or orpiment perpicuL. .450 Hemp 5perct. Hessians or burlaps, all weights per 1,000 yards.. 2.850 Hide poison or specific 5per ct. Hides, buffalo and cow perpicuL. .800 Hollow-ware: cast coated or tinned do 500 158 TREATIES AND CONVENTIONS "WITH CHINA AND KOEEA. Hoofs, animal per pieul. . . 125 Hops 5 per ct. Horns: Buffalo and cow per picul. . . 350 Deer 5 per ct. Rhinoceros per catty . . 2. 400 Hosiery. /See Cotton piece goods (socks). India-rubber and gutta-percha articles (other than boots and shoes) 5 per ct. India-rubber and gutta-percha, crude per picul . . 3. 140 India-rubber boots per pair . . . 080 India-rubber shoes do . 020 India-rubber, old (fit only for remanufacture) per picul. . . 250 Indigo: Dried, artificial or natural 5 per ct. Liquid — Artificial per picul.. 2.025 Natural do 215 Paste, artificial do 2.025 Ink, printing jrr 5 per ct. Isinglass (fish glue) per picul. . 4. 000 Isinglass, vegetable do 1.750 Jams and jellies in tins, bottles, or jars: 1-pound per dozen. . . 060 2-pound do .118 Joss sticks per picul.. .640 Kerosene oil cans and cases, empty per 2 cans in 1 case. . . 005 Lace open work or insertion work of cotton, machine made: (a) Not exceeding 1 inch wide, outside measurement, per 12 dozen yards . 050 (6) Exceeding 1 inch but not exceeding 2 inches wide, outside meas- urement per 12 dozen yards. . . 100 (c) Exceeding 2 inches but not exceeding 3 inches wide, outside meas- urement per 12 dozen yards.. . 166 {d) Exceeding 3 inches wide, outside measurement, per 12 dozen yards . 216 Lace open work or insertion work of any fibrous material except silk or cotton or imitation gold or silver thread: (a) Machine made per catty. . . 500 (6) Handmade (including cotton) do 2.400 Lacquer ware 5 per ct. Lamps and their accessories 5 per ct. Lamp wick per picul. . 2. 000 Lard, pure or compound do .600 Lead red, white, yellow, dry or mixed with oil do . 450 Leather: Belting 5 per ct. Calf per picul.. 7.000 Colored do 7.000 Cow - do 2.500 Harness (not including enameled or pigskin) do 3. 000 Kid do.... 7.000 Sole do..-. 2.500 Patent do 7.000 All other kinds 5 per ct. TBEATIES AND CONVENTIONS WITH CHINA AND KOKEA, 159 Lichees, dried perpicuL. .450 Lily flowers, dried do . 325 Lily seed (i. e., lotus nuts without husks) do 1.000 Lime, chloride of '. do .300 Linen 5 per ct. Liqueurs. See Wines, etc. Licorice per picul . . .500 Logwood extract do . 600 Lotus nuts {i. e., lily seeds with husks) ". do .400 Lucraban seed do .350 Lung-ngan pulp do . 550 Lung-ngans, dried do . 450 Marcaroni and vermicelli, and sim ilar pastes do .325 Mace 5per ct. Machines, sewing, hand or foot 5 per ct. Madeira. See Wines, etc. (vins de liqueur). Malaga. See Wines, etc. (vins de liqueur). Malt per picul. . . 370 Mangrove bark do .073 Manure,! chfimical 5 per ct. Margarin, in tins, jars, or kegs per picul. . 1. 400 Marsala. iS«e Wines, etc. (vins de liqueur). Matches: Rainbow or brilliant per 50 gross boxes.. 1.500 Wax vestas: not exceeding 100 in a box per 10 gross boxes. . 1. 600 Wood, safety or other — Large: boxesnotexceeding2J by IJbyfinches, per SOgross boxes.. .630 Small : boxes not exceeding 2byl|by| inches, per 100 gross boxes . . . 920 Boxes exceeding above sizes 5 per ct. Match-making materials: Glass powder per picul . . .110 Phosphorus '- do 4.125 Splints do 088 Wax, paraffin do 500 Wood shavings do . 113 Coir (door) per dozen.. 1.000 Formosa, grass (bed) each.. .050 Ruah per hundred. . . 500 Straw do 225 Tatami each.. .045 Matting: Coir: not exceeding 36 inches wide per roll of 100 yards. . 2. 750 Straw: not exceeding 36 inches wide per roll of 40 yards.. .250 Meats, in bulk: Beef, corned, pickled, in barrels perpicuL. .375 Dry-salted meat, in boxes and barrels do 475 Dry sausages do . 808 Ham and breakfast bacon, in boxes or barrels 5 per ct. Lard, pure or compound perpicuL. .600 Melon seeds <^° 250 Metals: Antifriction 5 per ct. Antimony perpicuL. .700 160 XBEATIES AND CONVENTIONS WITH CHINA AND KOEEA. \ Metals — Continued. Brass and yellow metal Bars and rods perpicul.. 1.150 Bolts and nuts and accessories do 1. 150 Foil do 1.675 Nails do.... 1.150 Screws 5 per ct. Sheets, plates, and ingots perpicul.. 1.150 Tubes -■ -..do 1.150 Wire do 1.150 Copper — Bars and rods — do 1.300 Bolts, nuts, rivets, and washers 5 per ct. Ingots perpicul.. 1.175 NaUs do 1.300 Sheets and plates do 1.300 Slabs do.... 1.175 Tacks 5per ct. Tubes 5 per ct. Wire per picul . . 1. 300 Dross — Iron do 160 Iron and tin do . 300 Tin do 500 German silver — Sheets do.... 2.200 Wire do 1.500 Iron and mild steel, new — Anchors, and parts thereof; mill iron; mill and ship's cranks; and forgings for vessels, steam engines, and locomotives ( weighing each 25 pounds or over) per picul . . . 265 Angles do .140 Anvils and parts of do .400 Bar do 140 Bolts and nuts 5 per ct. Castings, rough per picul.. . 140 Chains, and parts of do .265 Cobbles and wire shorts do .130 Hoops do .140 Kentledge do 075 Nail rod do 140 Nails — Wire do 200 Other kinds 5 per ct. Pig per picul. . . 075 Pipes and tubes 5 per ct. Plate cuttings per picul . . .110 Plates and sheets do .140 Kails do 125 Rivets do 250 Screws 5 per ct. Sheets and plates per picul . . . 140 Tacks, blue, of all sizes do .400 Wire do 250 TEEATIEB AND CONVENTIONS WITH CHINA AND KOBEA. 161 Metals — Continued. Iron and mild steel, new — Continued. Bolts and nuts 5 per ct. Cobbles and wire shorts per picul. . . 130 Sheets — Corrugated do . 275 Plain : do 275 Tubes 5perct. Wire per picul. . . 250 Wire, shorts do . 130 Iron, old, and scrap, of any description (fit only for remanufacture) per picul . 090 Lead — i Pigs per picul. . . 285 Sheets do 330 Lead pipes do .375 Nickel, unmanufactured do 2. 600 Quicksilver do 4.280 Spelter do 375 Steel- Bamboo do . 250 Bars do 250 Plates and sheets do 250 Tool, and cast do 750 Wire and wire rope do . 750 Steel, mild. See Iron. Tin- Compound 5per ct. Foil 5 per ct. Sheets and pipes per picul. . 1. 725 Slabs do.... 1.500 Tacks, blue, of all sizes do 400 Tinned plates — Decorated do .350 Plain do 290 White metal — Sheets.- do.... 2.200 "Wij-e do 1. 500 Yellow metal. See Brass. Zinc — Boilerplates - do 600 Powder -do 400 Sheets, including perforated do 520 Milk, condensed, in tins per case of 4 dozen 1-pound tins. . . 250 Mineral waters per 12 bottles or 24 half bottles. . .050 Mirrors V.V.V.V. 5 per ct Morphia, in all forms per ounce.. 3.000 Molding per thousand feet.. 1.050 Mushrooms perpicuL. L800 Musical boxes -— - ^ Per ct Musk per catty.. 9.000 Mussels, dried perpicuL. .400 27938—04 11 162 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. Needles: No. 7-0 perlOOmille.. 1.800 No. 3-0 .- do 1.500 Assorted", not including 7-0 do . 985 Nutgalls per picul. . . 870 Nutmegs do 1. 500 Oakum •. do 500 Oil: Castor — Lubricating do . 510 Medicinal do.... 1.000 Glove per catty . . .150 Cocoanut per picul. . . 400 Colza per American gallon. . . 050 Engine — (a) Wholly or partly of mineral origin do .015 (6) All other kinds (except castor) do .025 Ginger ' per picul. . 6. 750 Kerosene per case of 10 American gallons. . . 070 In bulk per 10 American gallons. . . 050 Olive per imperial gallon. . . 062 Sandalwood per catty. . . 240 Wood per picul. . . 500 Oil cans and cases (kerosene) empty per 2 cans in 1 case.. .005 Olives, fresh, pickled, or salted ..per picul.. .180 . , [duty.. 30.000 ^P^™ Pe^P^^'^jlikin.. 80.000 Husk per catty.. .062 Orange peel per picul. . . 800 Oysters, dried 5 per ct. Packing, asbestus. See Asbestus. Packing, engine and boiler, all other kinds 5 per ct. Paints. ,See Dyes, colors, and paints. Paper: Cigarette: not exceeding 2 by 4 inches per 100,000 leaves.. . 125 Printing — Calendered and (or) sized per picul. . . 700 Not calendered or unsized do . 300 Writing or foolscap do 1.200 All other kinds" 5 per ct. Peel, orange per picul. . . 800 Pepper: Black do..... .760 White do 1.330 Perfumery 5 per ct. Phosphorus per picul . . 4. 125 Pitch do 125 Plushes and velvets: (a) Plushes and velvets of pure silk per catty.. .650 (b) Silk seal (with cotton back) do. ... . 200 (c) Plushes and velvets of silk mixed with other fibrous materials (with cotton back) per catty. . . 150 ( d) Plushes, all cotton (including mercerized) do . 1 10 (e) Velvets, cotton. See Cotton piece goods. » Glazed printing paper remains 5 per cent ad valorem by new tariff between China and France, signed March 30, 1904. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 163 Pork rind ■ perpicul.. 0.500 Prawna, dried (see also Shrimps) do 1.000 Preserved fruits, in glass bottles, jars, cardboard or wooden boxes, includ- ing weight of immediate package perpicul.. .650 Purses, leather (not including silver or gold mounted) per gross. . . 500 Putchuck perpicul.. .715 Raisinsand currants do 500 Rattan: Chairs 5 per ct. Core per picul . . .225 Skin do 750 Rattans: Split do 325 Whole do 225 Resin do 187 Ribbons, silk, silk and cotton, silk and other fibers, with or without imita- tion gold or silver thread per catty. . . 550 Rope 5 per ct. Rose maloes per picul. . 1. 000 SaflBower do . 525 Sake: In barrels do . 400 In bottles per 12 bottles or 24 half bottles. . . 110 Saltpeter and nitrate of soda per picul.. .325 Sand, red do . 045 Sandalwood do . 400 Sapan wood do . 112 Sea-horse teeth 5 per ct. Seaweed: Cut per picul. . . 150 Long do 100 Prepared -• do 1.000 Seed: Lily (i. e., lotus nuts without husks) do 1.000 Lotus nuts (i. e., lily seeds with husks) do .400 Lucraban do 350 Melon do 250 Pine, orflrnuts do 200 Sesamum do 200 Sharks' fins: Black do.... 1.608 Clarified or prepared do 6.000 White do...- 4.600 Shellac do.... 2.500 Shells: Mother-of-pearl do 700 Other kinds -- 5 per ct. Sherry. See Wines, etc. (vins de liqueur). Shoes and boots, india-rubber,, for Chinese: Boots per pair.. .080 Shoes do 020 Shrimps, dried [see also Pra.wna) perpicul.. .630 Silk piece goods, all silk (including crape): (a) Plain per catty.. (6) Brocaded or otherwise figured do .325 .700 164 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Silk piece goods, mixtures (i. e. , silk and cotton, or silk and other materials) (including crape but not including mixtures with real or imitation gold or silver thread): (a) Plain per catty.. 0.250 (&) Brocaded or otherwise figured «. do .500 Silver thread, imitation. {See Thread. ) Sinews: Buffalo and cow per picuL. .550 Deer do.... 1.050 Singlets or drawers: Cotton per dozen. . . 125 , Mixture 5 per ct. Skins: Fish , per picul . . . 600 Sharks 5 per ct. Smalt per picul.. 1.600 Snuff - 5 per ct. Soap: Household and laundry (including blue mottled), in bulk, bars, and doublets weighing not less than one-half pound each per picul. . . 240 Toilet and fancy 5 per ct. Socks, cotton (including lisle thread) : First quality (i. e., valued at 1 tael or over per dozen pairs), per dozen pairs . 075 Second quality (i. e., valued at less than 1 tael per dozen pairs), per dozen pairs . 032 Soda: Ash per picul. . . 150 Bicarbonate do . 150 Caustic do . 225 Crystals do 120 Crystals, concentrated do . 140 Soy do 250 Spirits. {See Wines, etc. ) Spirits of wine. {See Wines, etc. ) Stick-lac do 700 Stout. {See Wines, etc.) Sugar: ' Brown, up to No. 10 Dutch standard do . 190 Candy do 300 White, No. 11 Dutch standard and over, including cube and re- fined per picul. . . 240 Sulphur and brimstone: Crude do 150 Eefined do 250 Sulphuric acid do . 187 Sunshades. (&e Umbrellas.) Telescopes, binoculars, and mirrors 5 per ct. Thread: Cotton — Balls, dyedorundyed per picul.. 3.000 Spools (50 yards) per gross.. .040 Gold and silver — Imitation (on silk) 5 per ct. Real 5 per ct. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 165 Thread — Continued. Gold, imitation (on cotton) per catty. . 0. 125 Silver, imitation (on cotton) do . 090 Tiles 6 inches square per hundred. . . 600 Timber: Beams — Hard wood per cubic foot. . .020 Soft wood (including Oregon pine and California redwood: on a thickness of 1 inch) per 1,000 superficial feet. . 1. 150 Teak wood per cubic foot . . .081 Laths per thousand. . . 210 Masts and spars — Hard wood 5 per ct. Soft wood 5 per ct. Piles and piling (including Oregon pine and California redwood, on a thickness of 1 inch) per 1,000 superficial feet.. 1.150 Planks — Hard wood per cubic foot.. .020 Teak wood do 081 Planks and flooring — Soft wood (including Oregon pine and California redwood, and allowing 10 per cent of each shipment to be tongued and grooved: on a thickness of 1 inch) per 1,000 superficial feet. . 1. 150 Softwood (tongued and grooved, in excess of above, 10 per cent). 5 per ct. Railway sleepers 5 per ct. Teak-wood lumber, of all lengths and description per cubic foot. . . 081 Tinder per picul. . . 350 Tin foil 5 per ct. Tobacco: Leaf per picul. . .800 Prepared — In bulk do 950 In tins or packages under 5 pounds each 5 per ct. Tools: Axes and hatchets per dozen.. .500 Files, file blanks, rasps, and floats, of all kinds — Not exceeding 4 inches long do . 040 Exceeding 4 inches and not exceeding 9 inches long do . 072 Exceeding 9 inches and not exceeding 14 inches long do .168 Exceeding 14 inches long do .224 Tortoise shell ' per catty.. .450 Trimmings: Bead • 5 per ct. Cotton (pure or mixed with other materials but not silk) 5 per ct. Cotton (mixed with silk and immitation gold or silver thread) 5 per ct. Tumeric per picul.. .185 Turpentine per gallon.. .036 Twine --- 5 per ct. Ultramarine per picul.. .500 Umbrella frames per dozen.. .080 Umbrellas, parasols, and sunshades: With handles wholly or partly of precious metals, ivory, mother-of- pearl, tortoise shell, agate, etc., or jeweled 5 per ct. 166 TREATIES AND OONVENTIONS WITH CHINA AND KOREA. Umbrellas, parasols, and sunshades — Continued. With all other handles — Cotton each.. 0.020 Mixtures, not silk do 030 Silk and silk mixtures ., do . 080 Varnish, crude lacquer, gum lacquer, or oil lacquer 5 per ct. Vaseline 5 per ct. Vegetables, dried and salted or pickled, in bulk 5 per ct. Vermicelli per picul. . . 325 Vermilion '. do.... 4.000 Vermuth. See Wines, etc. Watches, of all kinds 5 per ct. Waters, aerated and mineral per 12 bottles or 24 half bottles. . . 050 Wax: Bees, yellow per picul.. 1.600 Japan do . 650 Paraffin do 500 Sealing 5 per ct. White 5 per ct. Wines, etc.: Champagnes and all other sparkling wines, in bottles, per case of 12 bottles or 24 half bottles 650 Still wines, red or white, exclusively the produce of the natural fer- mentation of grapes — (a) Having less than 14° of alcohol — 1. In bottles per case of 12 bottles or 24 half bottles. . . 300 2. In bulk per imperial gallon. . . 025 (6) Having 14° or more of alcohol; also vins de liqueur other than port — 1. In bottles per case of 12 bottles or 24 half bottles . . . 500 2. In bulk per imperial gallon. . . 150 Port wine — In bottles per case of 12 bottles or 24 half bottles . . . 700 In bulk per imperial gallon. . . 175 Vermuth and byrrh per case of 12 liters.. . 250, Sake: In barrels per picul. . . 400 In bottles per case of 12 bottles or 24 half bottles . . .110 Brandies and whiskies, in bulk per imperial gallon. . . 125 Brandy and cognac, in bottles per case of 12 reputed quarts ... . 500 Whisky, in bottles 1 do 350 Other spirits (gin, rum, etc.) — • In bottles do 200 In bulk per imperial gallon. . . 090 Spirits of wine, in packages of any description do ... . .028 Ales, beers, cider, and perry — In bottles per case of 12 reputed quarts or 24 reputed pints. . . 085 In casks per imperial gallon.. .020 Porters and stouts — In bottles per case of 12 reputed quarts or 24 reputed pints . . .100 In Casks per imperial gallon.. .025 Liqueurs 5 per ct. Wood: Camagon per picul. . . 090 Ebony do 200 TREATIES ANB OOKVENTIONS WITH CHINA AND KOKEA. 167 Wood— Continued . Fragrant 5 per ct. Garoo per catty.. .100 Kranjee _ 5 per ct. Laka per picul. . . 125 Lignum-vitse 5 per ct. Puru per picul . . .075 Red do 200 Rose .do 200 Sandal do ... . . 400 Sapan do 112 Scented 5 per ct. Shavings, Hinoki , per picul.. 1.000 Woolen and cotton mixtures: Flannel (woolen and cotton): not exceeding 33 inches wide, per yard. . 015 Italian cloth, plain or figured, having warp entirely cotton and all one color, and weft entirely wool and all one color: not exceeding 32 inches wide and not exceeding 32 yards long per piece.. . 372 Poncho cloth: not exceeding 76 inches wide per yard.. .030 Spanish stripes (woolen and cotton): not exceeding 64 inches wide, per yard 014 Union cloth : not exceeding 76 inches wide per yard . . . 030 Woolen and cotton mixtures, unclassed, including alpacas, lusters, Orleans, Sicilians, etc 5 per ct. Woolen manufactures: Blankets and rugs .per pound. . . 020 Broadcloth: not exceeding 76 inches wide per yard. . . 047 J Bunting: not exceeding 24 inches wide and not exceeding 40 yards long per piece. . . 200 Camlets, Dutch: not exceeding 33 inches wide and not exceeding 61 yards long per piece. . 1. 000 Camlets, English: not exceeding 31 inches wide and not exceeding 61 yards long per piece. . . 500 Flannel: not exceeding 33 inches wide per yard. . . 015 Habit cloth: not exceeding 76 inches wide do 047J Lastings, plain, figured or craped: not exceeding 31 inches wide and not exceeding 32 yards long per piece. . . 450 Llama braid per picul.. 5.000 Long ells: not exceeding 31 inches wide and not exceeding 25 yards long per piece. . . 250 Medium cloth: not exceeding 76 inches wide per yard. . . 047J Russian cloth: not exceeding 76 inches wide do 047J Spanish stripes: not exceeding 64 inches wide do 021 Woolens (unclassed) 5 per ct. Woolen and worsted yarns and cords (not including Berlin wool) per picul. 5. 300 Berlin wool ...do.... 4.000 Wooloa or berlinette do 3.500 Worm tablets, in bottles, not exceeding 60 pieces per dozen. . . 035 Yarn: » Asbestus perpicuL. 2.250 Coir - 5 perct. Cotton — Bleached or gray perpicuL. .950 Dyed 5 perct. 168 TEEATIES AND CONVENTIONS WITH CHINA AND KOREA. Yarn — Continued. Cotton — Continued. Gray per picul. . 0. 950 Mercerized or gassed 5 per ct. Wooloa or berlinette per picul. . 3. 500 Wool, Berlin do.... 4.000 Woolen and worsted ( not including Berlin wool ) do 5. 300 Note. — If any of the articles enumerated in this tariff are imported in dimensions exceeding those specified, the duty is to be calculated in proportion to the measure- ments as defined. KULBS. Rule I. Imports unenumerated in this Tariff will pay Duty at the rate of 5 per cent, ad valorem; and the value upon which Duty is to be calculated shall be the market value of the goods in local currency. This market value when converted into Haik- wan Taels shall be considered to be 12 per cent, higher than the amount upon which Duty is to be calculated. If the goods have been sold before presentation to the Customs of the Application to pay Duty, the gross amount of the bona fide contract will be accepted as evidence of the market value. Should the goods have been sold on c. f. and i. terms, that is to say, without inclusion in the price of Duty and other charges, such c. f. and i. price shall be taken as the value for Duty-paying purposes without the deduction mentioned in the preceding paragraph. If the goods have not been sold before presentation to the Customs of the Applies^ tion to pay Duty, and should a dispute arise between Customs and importer regarding the value or classification of goods, the case will be referred to a Board of Arbitration composed as follows: An official of the Customs; a merchant selected by the Consul of the importer; and a Merchant differing in nationality from the importer, selected by the Senior Consul. Questions regarding procedure, etc. , which may arise during the sittings of the Board shall be decided by the majority. The final finding of the majority of the Board, which must be announced within fifteen days of the reference (not including holidays), will be binding upon both parties. Each of the two merchants on the Board will be entitled to a fee of Ten Haikwan Taels. Should the Board sustain the Customs valuation, or, in the event of not sustaining that valuation, should it decide that the goods have been undervalued by the importer to the extent of not less than 7i per cent., the importer will pay the fees; if otherwise, the fees will be paid by the Customs. Should the Board decide that the correct value of the goods is 20 per cent. (or more) higher than that upon which the importer originally claimed to pay Duty, the Customs authorities may retain possession of the goods until full Duty has been paid and may levy an additional Duty equal to four times the Duty sought to be evaded. In all cases invoices, when available, must be produced if required by the Customs. Ride II. The following will not be liable to Import Duty: Foreign Rice, Cereals, and Flour; Gold and Silver, both BulUon and Coin; Printed Books, Charts, Maps, Periodicals, and Newspapers) Samples in reasonable quantities, and certified to be for show and not for sale; Government Stationery for Consulates in China; Passengers Baggage for hona fide private use; Circulars, etc., distributed gratis by mercantife houses; and Private Effects (not including Wines, Stores, and Tobacco) of individual Foreigners TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. 169 imported by themselves for their own personal use and not for sale, provided that the Customs authorities are satisfied that the articles in question fulfil these conditions. A freight or part freight of Duty-free commodities (personal baggage of less than twenty passengers and Gold and Silver Bullion and Foreign Coins excepted) will render the vessel carrying them, though no other cargo be on board, liable to Tonnage Dues. Drawbacks will be issued for Ships Stores and Bunker Coal when taken on board. Rule III. Except at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them. Import trade is prohibited in all Arms, Ammunition, and Munitions of War of every description. No Permit to land them will be issued until the Customs have proof that the necessary authority has been given to the importer. Infraction of this rule will be punishable by confiscation of all the goods concerned. The import of Salt is absolutely prohibited. Shbng HsCan-huai Lii Hai-huan Subject to the approval of His Imp. & Eoy. Apostolic Majesty's Government E v. Hiesoh Ad referendum D. Siffbbt. Dk Boye. Jas. L. Mackay " E. HioKi, M. Odagiri J. Yamaoka Ad referendum advocaat F. B. v' Jacob John Goodnowo TO ACCOMPANY TREATY BETWEEN THE UNITED STATES AND CHINA FOR THE EXTENSION OF THE COMMERCIAL RELATIONS BETWEEN THEM. Signed at Shanghai, October 8, 1903. NOTE. Shanghai Aug. 29th 1902. YouB Excellencies, With reference to tlie Nevf Tariff which has just been signed, this note puts on record that the following words have been erased from Rule II of the Rules at the end of the Tariff; — " Samples in reasonable quantities & certified to be for show, & not for sale; Gov- ernment stationery for Consulates in China, passengers' baggage for bona fidS private use; circulars, &c, distributed gratis of Mercantile houses; and private effects (not including wines, stores & tobacco) of individual foreigners imported by themselves for their own personal use & not for sale provided that the Custom Authorities are satisfied that the articles in question fulfil these conditions"; and also " personal baggage of less than twenty passengers and " It is understood between the Foreign & Chinese Commissioners that, though the above words have been eliminated from the Rules, a Signed by representative of France March 30, 1904, with change noted, supra, p. 162. 170 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. the matter therein referred to will be dealt with by the Inspector General of the Imperial Maritime Customs at his discretion in accord- ance with the instructions issued by him subsequent to the Final Protocol of the 7th September 1901. We have the honour to be, Your Excellencies' obedient servants HiESCH D. SiFFEKT Dr. Bot^ Jas. L. Mackat E. HioKi J. Yamaoka Advocaat F. B. v' Jacob D. SiFFEET John Goodnow DUTY FREE LIST. (Vide T. G. Circulars Nos. 979, 984, 1016, 1020, 1022, 1025, 1026. ) Instructions received. 12th Oct. 1901. 1. Foreign Rice, cereals and flour, gold and silver coined and uncoined. 12th Oct. 190 L 2. Legations supplies from abroad. 7th Nov. 1901. 3. Supplies for the use of Foreign forces Military and Naval. 19th Api. 1902 4. Official stationery actually transmitted by foreign Government Departments for Foreign Consulates. iMay, 1902 6. Supplies under Government stores Certificates. 31 May, 1902 6. Materials for Railways the import of which "free" is provided for by agreements antedating the Peace Protocol. loth May, 1902 7. Samples; in reasonable quantities certified for show and not for sale. 3 June, 1902 8. Circulars, etc., distributed gratis by mercantile houses. 12th Oct. 1901 9. The bona fide baggage of travUers i. e. passengers 3 June, 1902 , . . .,, .,, ,, , , , luggage arriving either with the owner or by a vessel other than that by which the passenger travels. 3 June, 1902 10. Clothiug, books, picturcs and furniture already in use when brought in by residents and not for sale. 31 May, 1902 N. B. SMps Coal and provisions are entitled to draw- backs. oimsr^. II- DECLARATIONS ; ARRANGEMENTS. ARBANGED CHRONOLOGICALIiY. 171 No. 21. fra:n^ce. DECLARATION CONCERNING THE NON-ALIENATION OF THE ISLAND OF HAI-NAN.a 15 March, 1897. The Tsung-li Yam£:n to Mr. Gerard, Minister of the French Republic at Peking. [Translation.] 13th Day, 2d Moon, 23d Year Kuang-hsu. ' (15 March, 1897.) The 1st day of the 2d moon of the 23d year Kuang-hsii (March 3, 1897), we received a despatch in which you inform us that France, considering the close friendly and neighborly relations maintained with China, attaches great importance to the island of Hal-nan never being either alienated or ceded by China to any other foreign Power, either as final or temporary cession, or as a naval station or coaling depot. Our Yamen considers Kiung-chou (the island of Hai-nan) as belong- ing to the territory of China which consequently exercises over it right of sovereignty. How could it cede it to foreign nations ? Fur- thermore, it is nowise a fact at present that it has lent it temporarily to foreign nations. As in duty bound we make to Your Excellency this official communication. (Here follow the signatures of the President and the Members of the Tsung-li Yam^n). a Documents diplomatiques. Chine, 1894-1898, p. 33. 173 Ko. 22. aKEAT BRITAIN. DECLAEATION CONCERNING THE NON-ALIENATION OF THE YANG- TSZE REGION, a February 11, 1898. Sir C. MacDonald to the Tsung-li Yam^in. Peking, February 9, 1898. MM. LES MiNISTBES, Your Highnesses and your Excellencies have more than once inti- mated to me that the Chinese Government were aware of the great importance that has always been attached by Great Britain to the retention in Chinese possession of the Yang-tsze region, now entirely hers, as providing security for the free course and development of trade. I shall be glad to be in a position to communicate to Her Majesty's Government a definite assurance that China will never alienate any territory in the provinces adjoining the Yang-tsze to any other Power, whether under lease, mortgage, or any other designation. Such an assurance is in full harmony with the observations made to me by Your Highnesses and Your Excellencies. ^ I avail, &c. (Signed) Claude M. MacDonald. The Tsung-li YamIin to Sir C. MacDonald. Kuomg-hsu, 2Iith yea/r, 1st moon, 81st day. (February 11, 1898.) [Translation.] The Yamen have the honour to acknowledge the receipt of the British Minister's despatch of the 9th February, stating that the Yam^n had more than once intimated to him that the Chinese Govern- ment were aware of the great importance that has always been attached by Great Britain to the retention in Chinese possession of the Yang- « British Parliamentary Blue Book, China, No. S, 1898. 174 TREATIES AND CONVENTIONS "WITH CHINA AND KOREA. 175 tsze region, now entirely hers, as providing security for the free course and development of trade. The British Minister would be glad to be in a position to communicate to Her Majesty's Government a definite assurance that China would never alienate (any territory) in the provinces adjoining the Yang-tsze to any other Power, whether under lease, mortgage,, or any other designation. The YamSn have to observe that the Yang-tsze region is of the greatest importance as concerning the whole position (or interests) of China, and it is out of the question that territory (in it) should be mortgaged, leased, or ceded to another Power. Since Her Britannic Majesty's Government has expressed its interest (or anxiety) it is the duty of the YamSn to address this note to the British Minister for communication to his Government. They avail themselves, &c. Ko. 23. GREAT BRITAIN. DECLARATION BY CHINA THAT INSPECTOR-GENEKAL OF MARITIME CUSTOMS SHALL BE A BRITISH SUBJECT WHILE BRITISH TRADE PREPONDERATES, o February 13, 1898. The Tsung-li Yami^n to Sir C. MaoDonald. Kuang-hsu, ^4.ih year, 1st moon, Wth day. (February 10, 1898.) [Translation.] The YamSn have the honour to acknowledge the receipt on the 3rd February of a note from the British Minister, to the effect that on the 17th January, when calling at the YamSn, he had informed the Min- isters present that he had received telegraphic instructions from Her Majesty's Government that in view of the immense preponderance of British trade with China over that of other countries, Her Majesty's Government regarded it as vital to the commercial interests of Great Britain that the Inspector-General of Maritime Customs should in the future, as in the pasti, be of British nationality. The YamSn had agreed to this, and in order that there might be no room for misun- derstanding, the Minister now addressed this note to the Yam^n to place the matter formally on record. The Yamen have to observe that ever since the opening of Chinese ports to foreign trade, commerce and revenue have been steadily increasing. The duties paid by British merchants are nearly 80 per cent, of the whole amount paid by foreign countries, and, therefore, a British subject (Sir Robert Hart) has been employed as Inspector- General of Maritime Customs. The said Inspector-General is versed in commercial matters, just in his dealings, experienced and upright, faithful and sincere, a man on whom reliance can be placed, and China has in the past leant much upon hira. If he were to ask for leave China must (try to) detain him, but if some cause were to necessitate his returning home, China, thor- oughly investigating the trade at the various ports, (and finding that) British merchants are in the majority, will certainly direct the said » British Parliamentary Blue Bool^ China, No. 1, 1899, p. 18. 176 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 177 Inspector-General to recommend an Englishman of equal ability with himself to take charge, and the YamSn will, after inquiry, appoint him as successor to manage Chinese Customs matters. The object being the protection of commerce at the various ports, (the Yamen) could not possibly regard this selection as a light matter, and so do injury to important public interests. S The Yamen beg to make this reply to the British Minister for his information. They avail themselves, &c. (Seal of Yamgn.) The Tsung-li YamAn to Sir C. MacDonald. Kuang-hsu^ ^lith year, 1st moon, '23rd day. (February 13, 1898.) [Translation.] The Yamen have the honour to address the British Minister with regard to the continued employment in the future of an Englishman in succession to the Inspector-General of Maritime Customs, on which subject they addressed a reply to his Excellency a few days ago. They have to observe that British trade with China exceeds that of all other countries, and, as the Yamgn have frequently agreed and promised, it is intended that as in the past, so ii^ the future, an English- man shall be employed as Inspector-General. But if at some future time the trade of some other country at the various Chinese ports should become greater than that of Great Britain, China will then of course not be bound to necessarily employ an Englishman as Inspector-General. The YamSn write this further despatch for the information of the British Minister, to be placed on record. They avail themselves, n all kinds of W Qrk^-tlifiY-Jna:E,fiatab lish a telegrap h line thereon worked by th eCompany for the Company's use. With the exception of mines, for which special arrangements must be made, all receipts of the Com- pany for transport of passengers and freight, telegrams, etc. , will be exempt from all taxation. 7. All materials required by the Company for the Materials free construction and repair of the line will be exempt of duty. J! i. +■ from taxation. 8. All Russian troops, naval or military, and munitions of war, moved by the Russian Government by this railway, must be Conveyance of conveyed by the Company directly across the border. gtgf'^* ' Apart from slight detentions en route incidental to transfers, no other delays will be permitted for any cause. 9. Any foreign passengers by this line who may proceed into the interior away from the railway, must be provided with Passports. Chinese passports authorising them to proceed. Any person unprovided with such passports must be, forbidden by the Company to proceed into the interior. jSfoTE. At the time this article was arranged it was noticed that the French text had after the word "repair" the word "management." The Commissioner of Customs Grote remarked to the Grand Secretary Li that "repair" and "manage- ment" were synonymous, and the word "management" appearing in the original French was omitted. There was however no intention of altering the original meaning, and this explanation is therefore added. 214 TREATIES AND CONVENTIONS "WITH CHINA AND KOREA. 10. All goods and baggage coming from Russian territor}' and again entering Russian territory by this line will be exempt Taxation of from taxation, but such goods and baggage, with the goods carried. , ' = *"= *= ' exception of personal luggage with passengers, must be carried by the Company in special vans and sealed by the Customs officers on entering Chinese territory, and on leaving Chinese territory they must be examined by the Customs officers to ascertain that the seals are intact, in which case they will be allowed to pass. If it be found that the seals have been opened en route the goods will be confiscated. As to goods conveyed by this line from Russia to China or from China to Russia, they will pay duty according to the Duty on goods Treaty Tariff i. e. an Import or Export duty as the exported or im- •' "^ \ /.i^i ported over line, case may be, but subject to a reduction or i or the Tariff rate. If such goods be conveyed to the interior they must pay Transit duty in addition i. e. half the amount of the duty already paid. Transit duty being paid, they are not to be taxed again on passing Customs stations or likin barriers. But if Transit duty be not paid, they must pay duty at stations and at likin barriers. China must establish Customs stations at the two Customs stations. ■ . t j.i. t xi j j.- points where the line crosses the frontier. 11. Fares for passengers, freight for goods, and charges for loading Tares and or Unloading will be fixed by the Company. Chinese freights, Chinese Governme nt despatches and letters must be carried by tions carried at .the Com pany free or cost, uhinese troops and muni- half rates. tions Of war will be carried at half rates. 12. From t he day of completion of the railw ay and th axommeBce- ment of traffic, for a period of 80 years, all profit mad e Eeversionofiine by the line sEall belongt o'the Com panv solely. Anv to China after 80 ,___, _,,.. - - - years. loss must likewise be borne by it, the Chinese Gov- ernment cannot be responsible. After 80 years the line and all its property are to revert to the Chinese Government without payment. Thirty six years after commence ment of traffic, Ch ina may take over t he line on paym ent of the followi ng & al l capitaLan d aftw'sey'earl"'^^ 3-1^ ™oqey_s owed on account of the li neand interest ^ As to profits made by the Company, should there be any not distributed to shareholders, these must be taken to be capital returned and deducted from the price paid for the line. China must actually pay over the amount of purchase to Russia before receiving possession of the line. On the day the line is completed and traffic commenced the Company will pay the Chinese Government J C a nton Hankow Main Line or b raoxiLiines^ , Article 18: If, on account of contingencies beyond the control of the American Company, such as war or great political changes in China or elsewhere, occurring before any issue of the prospectus of an important series of bonds of the loan hereby concerned, the foreign money markets are affected or the construction of the Kailwaj' is so obstructed that work cannot be carried on, the American Company will be allowed a reasonable extension of time for floating such loan or the bond issues thereof or for the commencement or completion of the construction of the railwaj^. But if the bonds have been alreadj^ issued and interest already become payable on the loan then the work cannot be suspended or postponed unless subject to the exceptions mentioned in the preceding paragraphs. In Article 7 of the Main Agreement it was agreed that the work of construction should be finished within three years, but that in case of 27938—04 18 274 TEEATIES AND CONVENTIONS "WITH CHINA AND KOBE A. unforeseen events or war causing stoppage of work in a manner beyond the control of the American Compan}^ due consideration should be given for an extension of time. It is hereby Agreed that from the 'date of the ratification of this Supplemental Agreement a limit of five years is allowed for the completion of the whole line, subject to the preceding exceptions mentioned in this Article. In Article 8 of the Main Agreement the duration of the loan is fixed at fifty years. This period, together with the period of the American Debentures, is to be reckoned from the date of the ratification of this Supplemental Agreement, but no interest will be paid on any bonds which may be redeemed under the terms hereinafter mentioned after the redemption thereof. Article 19: In accordance with the 10th Article of the Main Agree- ment the American Company has heretofore deposited in the Central Trust Company of New York the sum of 100,000 Dollars gold.. Now, it is conceded by arrangement that as soon as this Supplemental Agree- ment is ratified by the Chinese Government and the American Com- pany, the Director General will telegraph to the Chinese Minister in Washington to notify the Central Trust Company to turn over the amount now deposited with it to the American Company, in order that the same may be utilized for the operations of the latter, it being Understood that among these operations precedence will be given to the prompt beginning of the work on the Ping Hsiang branch. If it is necessary for the Director General to simultaneously notify the said Trust Company, he undertakes to also do the same. Article 20: In the operation of the railway the tariff for fares and freights is to be prepared by the General TraflSc Manager and sub- mitted to the Board of Commissioners, who shall, after due consider- ation of existing tariffs of other railways in China, approve an economical rate. The General Traffic Manager is likewise authorized to make arrange- ments, subject to the approval of the Board of Commissioners, with connecting railways of other companies for through rates of fare and freight. In case of military operations, whether on account of foreign war or internal insurrection, the movement of troops, ammunitions and stores by the Chinese Government and in case of famine or other great public calamity, the despatch of relief shall on the requisition of the Director General, have preference over the line at half of the tariff rates. Nothing to the injury of China shall be allowed to be carried over the line or the same be used to the detriment of the Government. . Article 21 : If, at any time within the term of this Agreement, the Chinese Railway Administration receives instruction from the Chinese Government to redeem and cancel any of the first mortgage TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 275 bonds or any of the American Debentures, the Director General shall, not less than four months previous to the proposed redemption, notify in writing the Agent of the American Company resident in Shanghai, declaring the number of the bonds or the number of American Deben- tures so required to be redeemed and cancelled. The Agent of the American Company shall, immediately on the receipt of such notice in writing, proceed to make arrangements for the desired redemption by drawing lots and taking other proper steps in the way customary in New York of the number of bonds or of American debentures in such quantity as may be required. And as soon as the Railway Administration under instructions from the Chinese Government, shall remit the proper amount, according to the redemption price of the bonds or the redemption price of the American Debentures, together with the interest due on the bonds or the net profits due on such Debentures, a notice of such redemption shall be published in two of the most prominent newspapers in New York and in such other financial centres as maj^ be agreed upon with the Chinese Minister in "Washington for four weeks. At the expira- tion of the four weeks and on the day fixed for the redemption, the American Company shall cause the usual lots to be drawn for the redemption of the bonds or of such debentures and shall pay over the respective prices of the same to their respective holders and shall thus redeem the-^bonds or debentures and cancel them, and thereupon the same are to be delivei'ed to the Director General or to the Chinese Minister in Washington for return to the Director General. All the first mortgage bonds and the American Debentures shall express that they are redeemable at any time on the conditions men- tioned in the preceding paragraph and shall state that the payment of any interest for the bonds and participation of anj- of the net profits by the American Debentures so drawn by lot, shall entirely cease from the date mentioned by the published notice of the American Company. The amount required for the redemption shall, however, have to be got ready and be placed in the hands of the American Company before such redemption is carried out. The first mortgage bonds, if redeemed within twenty-five A^ears from the date they were originally issued, shall -be paid for with a premium of two and one-half per cent, over their face value (/. e. , 102^ Dollars will be required to pay for 100 Dollars gold), but after the twenty-five years from the date of issue to the expiry of the term of the loan the bonds so redeemed shall be paid for without any premium whatever. If any interest is still due on any of the bonds at the time of redemption, such interest shall have thereupon to be paid in full. As to the American debentures, if they are redeemed within the term of their duration, they are to be paid for according to their face value, and if such debentures run to the end of their term, they become null 276 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. and void and no price need be paid on them nor need they be redeemed, but any net profits still due on them shall have to be fully paid up according to their amounts before the same are cancelled. Article 22: If any proceeds of the sale of the Bonds are lying unused and bearing interest on their deposit while the construction of the railway is going on, such interest is to go to the general account of the Chinese Railway Administration in order that the Railway Admin- istration may enjoy the full advantage thereof. It is also agreed that if the American Company shall find it neces- sary, before the sale of any of the bonds, t o advance any money fo r th e work, the expense of effecting such advance, together with the i nterest thereon, not exceeding a charge of si v per cent, per a.nnnm^ s hall be deducted from the interest derived from the above-mentTo ned unused proceeds of the sale of l^.he bonds or otherwise to be provi ded for in the construction accounts . It is further agreed that the pro- ceeds of the first sale of the bonds immediately following any such advance shall be used to pay off the said advance so as to save the cost of the aforesaid charge. Article 23: If any of the bonds still remain unredeemed when the fifty years of the term of the loan are about to expire, the Director General will, within two years preceding the expiry of the said term, negotiate, by writing, with the American Company for an extension of the term of the loan and if six months shall have expired after such negotiation in writing and no definite arrangement shall have been come to, the Chinese Government shall be at liberty to take steps to devise means for elsewhere procuring funds to pay off the loan and to redeem the bonds and cancel the mortgage. Article 24: It is hereby agreed that as concerns all matters in these agreements, whatever provisions are contained in the Main Agreement and are not mentioned in this Supplemental Agreement are to prevail. Article 25: Although the Ping Hsiang branch was not originally included in the Main Agreement, yet seeing that Coal Mining opera- tions have recently been begun thereon by the Chinese and that the promj)t construction of this section (in order to reach the point of nearest water transportation, at Lukow), is now deemed by the Chinese to be of urgent necessitj', and seeing also that such branch was included in the plans and estimates of the American Company's Chief Engineer for construction (subject to the approval of the Director General) in connection with the Main Line and that provisions to this end have been included in this Supplemental Agreement (In article 1, 2 and elsewhere), and also that Captain Rich, the Engineer of the Railway Administration has already begun work on the line at or near Ping Hsiang with funds supplied by the Director General, it is now agreed that: TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 277 If the American Company, on or before the first day of September, 1900, fails to begin work on this branch from the funds to be provided from the loan or otherwise, or does not take the line over at the acti^al cost thereof as may then have been incurred in the construction of the same under the supervision of Captain Rich, the said branch line (from Ping Hsiang to Lukow), may be withdrawn from the operation of this Supplemental Agreement and the Director General thereupon be free to adopt other measures for its construction. In such case the various references to such branch line in this Supplemental Agree- ment are to be considered as cancelled. But until the said date of September 1st, 1900, the American Company is free to so commence work on this branch, or to take over the same at the cost of such work as Captain Rich may then have done thereon. Article 26: This Supplemental Agreement is written in the Chi- nese and English languages in five originals, viz. : One for the Tsungli Yamen, one for the Government Bureau of Railwaj' and Mines, one for the Chinese Legation in Washington, and one for each of the con- tracting parties. If there are doubts as to the meaning of the text, the English version is to be taken as the true one. Dated the 26th year of Kwang Su, seventeenth day of the 6th month corresponding to the thirteenth day of July, 1900, at The Chinese Minister at Washington dulj- designated hereto by the Director General of the Chinese Railway Administration, has here- unto set his hand and the Seal of his Office, subject to the sanction and ratification of the Imperial Chinese Government. And the American Company hereby signs its Corporate name and affixes its Corporate Seal by the hands of its duly authorized Officers, the day and year above written. Ameeican China Development Company, By John French, President. [l. S.J Attest: Henry H. Graff, Secretary. WU TiNG-FANG. [seal.] Approved. F. W. Whitridge. NOTES EXCHANGED BY THE CHINESE MINISTER IN WASHINGTON AND THE SECEETARY OF STATE OF THE UNITED STATES ON THE STATUS OF THE AMERICAN CHINA DEVELOPMENT COMPANY IN ITS RELATION TO THE CANTON-HANKOW RAILWAY. No. 1. No. 33.] Chinese Legation, Washington, May 10, 190 If. Sir: I have the honor to inform you that, in view of the present condition of the American China Development Company, the control of which has passed into other than American hands as stated in the enclosure to my informal note of the 29th of January last, I am instructed by my Government to inquire, — (1) If the American China Development Company is considered by the United States Govern- ment to be a bona fide American Company; (2) If the United States Government will maintain the sole right to deal with all diplomatic matters affecting the interests of this Company; (3) If the United States Government will take steps to make public its position concern- ing the Canton-Hankow Railway and its intention to protect the Rail- way's interests. Accept, Sir, the renewed assurances of my highest consideration. Chentung Liang Cheng. Honorable John Hay, Secretary of State. No. 2. No. 41.] Department of State, Washington, May 11, 1904.. Sir: I have the honor to acknowledge the receipt of your note of the 10th of May, in which you inform me you are instructed by your Government to inquire: — 1. If the American China Development Company is considered by the United States Government to be a bona fide American Company; 2. If the United States Government will maintain the sole right to deal with all diplomatic matters affecting the interests of this Company; 3. If the United States Government will take steps to make public its position concerning the Canton- Hankow Railway and its intention to protect the Railway's interests. 278 TREATIES AJSTD CONVENTIONS WITH CHINA AND KOREA. 279 To which I have the honor of replying as follows: i. The United States Government considers the American China Development Company to be in good faith an American Company. 2. The United States considers that, as the Companj' is at present organized and conducted, this Government alone has the right to deal with diplomatic questions affecting the interests of the Company. 3. The United States will make public its position concerning the Canton-Hankow Railway, and its intention to interpose its good offices on all proper occasions in the interests of that railway. Your Excellency will understand that this Government reserves its right to cease its recognition and its assistance of the above mentioned Company in case of any change in its organization or conduct which may seem to justify such action on the part of this Government. Accept, Sir, the renewed assurance of my high consideration. John Hat. Sir Chentung Liang-Cheng, K. C. M. G. , etc., etc., etc. :So. 38. CONCESSION FOE BUILDING A RAILWAY FROM PAKHOI TO THE WEST BIVEE.a M. Hanotaux to M. Piohon. [Translation.] (Paris,) ^ Ma/>/, 1898. The recent reports of our Consular Agents show the interest we have in developing means of access {voies de penetration) in the region of Kwangtung and Kwangsi which borders the Gulf of Tongking. Be good enough to ask the Chinese Government for the Concession, to a French Company, of a railway destined to connect the port of Pakhoi with a point to be iixed upon on the course of the West Eiver: such concession to be made on the lines of the contract entered into in June 1896, for a railway from Dong-dang to Lungchow. M. PicHON TO M. Hanotaux. (Peking,) 28th May, 1898. The Chinese Government consents to our request for a railway from Pakhoi to the West River. It is understood that the French, or the Franco-Chinese Company only, may construct all railways having Pakhoi as their starting point. " Documents Diplomaiiques, Chine, 1894^1898, pp. 53, 54. 280 Ko. 39. GMIEAT BRITAi:tir. CONTRACTS FOB THE SHANGHAI-NANKING RAILWAY. 1. Preliminary Agreement, signed May 13, 1898. 2. Final Agreement, signed July 9, 1903. PRELIMINARY AGREEMENT FOR BUILDING A RAILWAY FROM SHANGHAI TO NANKING. Signed at Shanghai May 13, 1898. This preliminary agreement is made between Shejig Tajen Director General of the Chinese Imperial Railway Administration acting under authority of the Imperial Chinese Government of the one part and the British Firm of Jardine, Mathesori & Company for themselves and on behalf of the Hongkong and Shanghai Banking Corporation repre- senting as joint Agents a British Syndicate hereinafter called The Syndicate. It is agreed as follows: 1. The said Director General of the Chinese Railway Administration authorises the Syndicate to issue a sterling loan for an amount not exceeding three million sterling in such manner and on such terms as the Syndicate may decide, but on terms and conditions as between the Syndicate and the said Director General of the Chinese Railway Admin- istration as are hereinafter detailed. The loan shall be issued as soon as possible after the sign^g ^„a final agreement and is designed to raise the capital for building^which the said Sheng Tajen is authorised by Chinese Imperial Edict to con- struct from Shanghai to Nanking. 2. The building capital thus provided for is to include interest on itself during the period of construction and the said Chinese Railway Administration undertakes to buy and pay for the land required for the sections now referred to i. e. Shanghai to Nanking in accordance .with plans and surveys to be approved by the Agents of the afore- said Syndicate and the said Director General. 3. The rate of interest for the loan shall be H% (four and one-half per cent^ on the nominal principal issued by the Syndicate and shall 281 282 TREATIES AND CONVENTIONS "WITH CHINA AND KOREA. be paid by the S3mdicate out of the monies so raised for three years from date of issue or up to such nearer date as that on which the lines referred to are completed. After the said three years th6 said inter- est shall be provided by the sajd Railway Administration in Shanghai in accordance with the amounts and dates of a schedule to be drawn up. '4. The terms of loan shall be fifty years and commencing two years after completion of the lines referred to or in any case five years after payment of loan in whole or in part repayment of principal shall be made by a sinking fund which shall be paid by the said Chinese Rail- way Administration in half yearly instalments in accordance with the amounts and dates of the said schedule and the amortization shall not be increased nor reduced nor shall the loan be converted or redeemed by the Chinese Railway Administration or in any other manner without the assent of the said Syndicate provided always that on twelve months notice being given by the said Railway Administration they have the right to redeem the whole loan still outstanding at par at the end of twenty five years from from date of the Final Agreement or at 102i after 12i years. 6. The total. half yearlj' payment due for amortization and interest shall be paid as aforesaid to the Agents of the said Syndicate in Shanghai fourteen days before the due dates mentioned in the aforesaid schedule in Shanghai Sycee sufficient to meet such paj'ments in sterling in London the rate of exchange for which shall be settled with the Hongkong and Shanghai Bank on the said date of payment. 6. To provide for the possibility of the revenue of the aforesaid railway at any time being insufficient to cover the sums so due for interest and amortization a clause is to be mutually agreed to as to satisfactory security before signature of the Final Agreement. 7. The Syndicate shall issue and is hereby authorised to issue to subscribers to the loan now contracted Bonds for the total amount of the loan in pounds sterling in such and f OT such respective amounts as may appear advisable to the Syndicate which shall arrange the word- ing in agreement with the Director General of the Chinese Imperial Railway Administration and these Bonds shall be sealed or signed by the Minister for China in London and the Director General of Chinese Railway Administration subject to Final Agreement. 8. This loan shall be secured by mortgage now entered into in equity and to be hereafter entered into specifically on the railway now being completed between Woosung and Shanghai and also on all lands mate- rial rolling stock buildings and property and premises of every description purchased and to be purchased by the said Railway Admin- istration for the railways herein referred to and on the revenue of all descriptions derivable therefrom and the Chinese Imperial Railway Administration hereby order and guarantee that no further mortgage or loan shall be created or permitted on the said lines and other securities without the written sanction of the aforesaid Syndicate. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 283 9. The Deed of Agreement shall be executed in quadruplicate and confirmed by Chinese Imperial Edict; one copy to be retained by the Kailway Administration one by the Tsungli yamen one by the British Minister in Peking and one by the Syndicate and should any doubt arise as to the interpretation of this agreement the English text is to be accepted. 10. All Bonds and Coupons and payments made and received with the service of this loan shall be exempt from Chinese taxes and imposts of all or every description for ever and all material of every kind or description also to be imported into China or to be brought from the Provinces of China to the scene of work free from taxation of every nature whether Imperial Provincial or Municipal during the currency of this loan, and further it is agreed by the Imperial Chinese Government that no tax or impost of any kind shall be enacted or levied on the revenue of the said Railwa}^ Administration or on passenger tickets or freight notes thereby. All details necessary for the prospectus and connected with the serv- ice of the Bond-holders anent interest or amortization of this loan not herein explicitly provided for shall be left for arrangement by the Syndicate who at its own expense shall issue and are hereby author- ised to issue a prospectus of the loan as soon as possible after the signing of a Final Agreement. The >Tsungli yamen will instruct the Minister for China in London to give the Syndicate all assistance in any matters where his cooperation may be deemed helpful. 11. In order to provide for final authority in matters of construction or administration it is agreed that before the Final Agreement is made a clause is to be drafted mutually acceptable to the Agents of the Syn- dicate and to the Director General of the Chinese Imperial Railway Administration providing for a "Board of Control" to be composed of the Director General of the Chinese Imperial Railway Administra- tion as Chairman and a nominee of his together with the representative of the Agents of the Syndicate and the chief Engineer and Secretary hereinafter mentioned. 12. The Railway Administration shall during the continuance of the loan maintain the railway buildings works rolling stocks and depend- encies in good order and condition and shall increase the rolling stock to such extent as the Board of Control during the period of the aforesaid sterling loan may find necessary for the requirements of the traffic. -"^ 13. The residue of the net profits in each year after paying the sum annually due for interest and redemption of the loan and all other sums which may for whatsoever cause be due to the Syndicate shall be divided into five sh'ares one to be paid to or retained by the said Syn- dicate and the others to be paid or retained by the Railway Admin- istration but after completion of the lines now provided for and on their revenue proving sufficient to meet the interest and redemption of loan, 284 TREATIES AND CONVENTIONS "WITH CHINA AND KOREA. there is to be deducted before division of profits interest at thie rate of 6% per annum on the value of land purchased by the Chinese Railway . Administration and entered in a Land Register Book and in considera- tion of this the earnings and administration of the Woosung and Shanghai line are to be treated in like manner as the Nanking section and thus go to the general profit and loss account and the Syndicate are to participate therein as in the Nanking section, subject however to a charge of 6% interest on about Taels 500,000 being cost of the Woosung line. The title deeds for land already or subsequently acquired and hypothecated to this Syndicate shall be delivered to the Agents after entry in the Land Register Book which is to be kept by the account; the book shall also contain exact entries of the sums paid for such lands thus showing the aggregate sum so expended. 14. The accounts of the Railway Administration shall be kept in Shanghai currency. 15. The Chief Engineer taking charge of the construction and the working of the railway shall be nominated by the Agents for the Syn- dicate with the concurrence of the said Director General and shall be paid by the Railway Administration. In like manner a European Secretary and Accountant shall also be appointed and paid; and the Chief Engineer will subject to the assent of the Board of the Control nominate the entire staff of Railway Officials. 16. The Syndicate will on completion of a survey report map and estimate (to be approved by the said Director-General) now to be commenced by Engineers nominated by them name a definite price at which they engage to take the said loan; it will be based on a current quotation of 82 dated 24th April bnt it is necessarily subject to the state of London money market at date of final agreement; due advan- tage also . being given to the Railway Administration in case of improvement. In the event of the price named not being acceptable to the Railway Administration the cost of the survey will be borne by the Syndicate but otherwise will form part of the rail construction charges. 17. The books of the Administration shall be kept both in English and Chinese and all monies provided by the Syndicate shall be dealt with through an account to be kept in Shangai with the Hongkong & Shanghai Bank; this account will be disbursed for the construction of the lines and for expenses consequent thereon upon the Chief Engi- neer's certificate. The whole accounts of the Railway Administration shall be subject to the inspection of the Syndicate and it is further agreed that the revenue or earnings of the railway shall be paid into the said account with the Hongkong & Shanghai Bank for final treat- ment but at places where the Hongkong & Shanghai Bank has no Agency and the Imperial Bank of China is established disbursements and receipts will be dealt with through the latter in accordance with the final agreement. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 285 '" 18. The Agents for the Syndicate will during the currency of this loan be entitled to deduct a commission at the rate of i% on all i-emit- tances for interest or redemption of the aforesaid loan. 19. To provide for the possibility of the whole amount of the instal- ments of the loan with accrued interest paid by the Syndicate not being suflScient for the complete construction of the lines now undertaken hy the Railway Administration, a clause giving satisfactory security is to be mutually agreed to before signature of the final agreement. 20. The provisions of a final agreement shall immediatelj^ after sig- nature and before the issue of any prospectus of the loan be confirmed and sanctioned by an Imperial notification which shall be officially communicated to the British Minister by the Tsungli yamen. ' 21. It is further agreed between the parties to this agreement and accepted by the said Railway Administration that material from Hupeh Works when certified by the Chief Engineer to be equally suitable shall have preference, defects in samples rendered being pointed out hj the Chief Engineer in order that suitable material may on the next occasion be produced; and with regard to material to be imported either for the construction of the line or in rolling stock that where specified by the Chief Engineer the name of maker so specified is to be accepted provided the Board of Control concur as to prices, that in cases where no maker is specified one half is at the option of the Syndicate and the other to be by tender; this clause is subject to redrafting for final agreement. 22. It is agreed that if at any time the Chinese Imperial Railway Administration wish to extend their lines that the Syndicate shall have the option of undertaking extensions on like terms for Railways designed to run in connection with those herein mentioned subject to Imperial Edict being obtained for such extensions or branches by Memorial of the said Railway Administration and the 'respective Viceroys and Governors. 23. Pending completion of the aforesaid survey and the subsequent naming of a definite price of loan the said Imperial Chinese Railway -Administration undertake to commence or continue no negotiations with other parties for the purposes referred to in this agreement and the Syndicate by their Agents undertake to use promptitude and every exertion to carry out the terms of this preliminary arrangement. 24. The Syndicate being desirous to take up the extension of the said Railways (as mentioned in the above clause) and it being intended to run a line starting from Poo-Kow on the shore opposite to Nanking and ending near Sin Yang Chow where the extension would join the trunk line from Hankow to Peking the Imperial Chinese Railway Administration agrees tb memorialize the Throne for permission to allow the Syndicate to carry out the extension. The Syndicate will at once send an Engineer to make the necessary survey and on the 286 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. estimate being given will make the loan in accordance with the condi- tions as agreed upon in the above agreement. 25. This preliminary agreement is signed by the Director General of the Imperial Chinese Railway Administration who will in case there should arise local diiEculties consult with the Viceroy of Nanking and the Governors will in conjunction with the Director General Memori- alize the Throne before the Final Agreement is signed. Signed by the contracting parties this twenty third day of the inter- calary third month of the twenty fourth year of the Emperor Kuang Hsu being the thirteenth day of May, 1898 of the Western Calendar. II. FINAL AGREEMENT BETWEEN SHENG KUNG-PAO, DIBECTOE GEN- ERAL OF THE IMPERIAL CHINESE RAILWAY ADMINISTRATION, AND THE BRITISH AND CHINESE CORPORATION, LIMITED, FOR THE ACQUISITION OF A LOAN FOR THE CONSTRUCTION OF A RAILWAY FROM SHANGHAI TO NANKING. This agreement is made the fifteenth day of the intercalary fifth month of twenty -ninth year of Kwang-Hsu, corresponding to the ninth day of July 1903, at Shanghai, and the contracting parties are: — ^The Director General of the Imperial Railway Administration Sheng Kung- pao (to be called hereafter Director General), acting under authority of an Imperial Decree, of the one part, and Messrs. Jardine, Matheson and Company, and the Hong-Kong and Shanghai Banking Corporation, representing as Joint Agents the British and Chinese Corporation, Limited (hereinafter called the Corporation), of the other part. Whereas, on the twenty-third day of the Intercalary third month of the twenty-fourth year of Kwang-Hsu, being the thirteenth day of May 1898, a preliminary Agreement was signed at Shanghai between the Director General of the Chinese Imperial Railway Administration, Sheng, acting under the instructions from the Tsungli Yamen, and the British Firm of Jardine, Matheson and Company for themselves and on behalf of the Hongkong and Shanghai Banking Corporation, rep- resenting as Joint Agents a British Syndicate, and Whereas, on the 12th day of December 1902 an Imperial Decree was issued in the following terms: — "In view of the important consid- erations connected with the construction of railways in various parts a Decrdfe has already been issued apportioning the responsibility for the duties connected therewith. Hereafter the accounts of receipts and disbursements are to be prepared by Sheng Hsuan Hwai, and commu- nicated by him for the examination of the High Authorities of the provinces through which the railways pass, and subsequently for sub- mission in a joint memorial to the Throne. When a line of railway has been surveyed, before the work may be begun, plans and specifi- TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 287 cations must be communicated to the High Authorities above men- tioned who will depute an official to ascertain that there are no objec- tions. Should Sheng Hsuan Hwai enter into any agreement with a foreign Syndicate he must before signing such agreement obtain the assent of the High Provincial Authorities, and a copy of such Agree- ment must be submitted to the Throne in a joint memorial," and Whereas, on further consideration it has been found necessary to make certain alterations in the aforesaid preliminary Agreement, now therefore it is agreed that this Final Agreement shall be substituted for the preliminary Agreement above referred to. Akticle 1. The Corporation agrees to issue on behalf of the Railway Adminis- tration a sterling Loan (hereinafter referred to as the Loan) for an amount not exceeding £3,250,000 sterling on the terms and conditions hereinafter contained. Imperial Chinese Government Bond s are to be issued for the entire sum similar to the Bonds of the Imperial Rail- ways of North China with the Railwav as first mortgage security therefor . The Loan shall be issued in two or more parts, and each series is to be in such amount as the Engineer-in-Chief may determine under direction of the Director General and the Corporation in accord- ance with the extent of the work to be undertaken so as to prevent the Chinese Government from suffering undue loss of interest. The price agreed upon for the Loan is 90 per cent of the nominal value and any l oss or profit in selling these Bonds to the public shall be borne, by or go to the Corporation. The interest on the Bonds shall- be at the rate of five per cent per annum on their nominal value, and be payable half yearly. * The duration of the Loan is fixed at fifty years commencing from the date of the ratification of this agreement, but no interest will be paid on any Bonds which may be redeemed or cancelled under the terms hereinafter mentioned after the redemption or cancellation thereof. On the face of each of these Bonds shall be expressed the value thereof in the sum of £100, or in such different amounts as the Chinese Minister in London in consultation with the Corporation may sanction. If any of the Bonds or net profit Certificates hereinafter mentioned are lost or destroyed, a reissue of any thereof is to be made in the amounts respectively called for by such lost or destroyed Bonds or Certificates, but proper proof of the loss or destruction must be given in the usual form to the Corporation and the Chinese Minister in Lon- don for examination and record, and the requisite guarantee is to be obtained by the Corporation from the respective claimants concerned. 288 TREATIES AND CONVENTIONS WITH CHINA AND KOBE A. Article 2. The proceeds of the Loan are to be used in the construction and equipment of the railway and in paying interest on the Loan during the course of construction. The Corporation shall build and equip as economically as possible in accordance with the best modern system the line from Shanghai to Nanking, it being hereby agreed that the Chinese Administration shall secure the necessary land for a double line of railway for the whole distance, as well as other facilities for the purposes of the construction and working of the line. When the line is completed if there is a surplus from the sale of Bonds the said surplus shall be at the disposal of the Chinese Govern- ment for redeeming the Bonds, or to be placed through the Director General in a bank on deposit for the purpose of paying interest on the Loan or for developing business beneficial to the Shanghai Nanking Railway, all to be arranged at the proper time between the Director General and the Corporation. Should Chinese themselves build branch lines to act as feeders to this railway it is understood that the system of construction and equipment thereof shall be adopted by such branch lines in order to facilitate through connection. In all matters relating to the construction and administration of the railway by the officials of the British and Chinese Corporation, it is expressly agreed that particular heed shall be paid to the opinions, habits and ideas of the Chinese people, and that when practicable Chinese shall be employed as far as possible by the Board of Commis- sioners in positions of trust and responsibility in connection with the railway. In regard to the earth work or such other'work as Chinese are com- petent to perform contracts shall be entered into for such work with Chinese under the sanction of the Director General or his deputy, said work itself to be in accordance with plans and specifications of the Engineer-in Chief and under his supervision. In the further and final survey, detailed plans and estimates of cost whether of the respective sections of the main line or of any exten- sions, branches, or alterations of the same are to be submitted to the Board of Commissioners for the approval of the Director General. Article 3. The Loan shall be secured by mortgage now entered into in equity, and shall as soon as possible hereafter be secured by a specific and legal first mortgage in favor of the Corporation upon the railway now completed between Woosung and Shanghai, and also on all lands, materials, rolling stock, buildings, property and premises of every description purchased or to be purchased by the, railways herein TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 289 referred to and on the last mentioned railways themselves as and when constructed and on the revenue of all descriptions derivable therefrom. The provisions of this Article in respect of the mortgage are to be construed and treated as of the same purport and effect as a mortgage customarily executed and delivered in England to a Trustee for the purpose of securing Loans and Bond issues upon railway properties. Article i. According to Article 1 of this Agreement it is provided that the Loan is to be paid in instalments from time to time as the work pro- ceeds. It is hereby agreed that within eight months after this Agree- ment is officially signed and ratified the Corporation shall pay the first instalment to meet the requirements for the work, whether the pro- ceeds come from the sale or hypothecation of the Bonds or from advances made, provided the appropriate series of Bonds for the required instalment of such Loan shall have been executed and delivered. If after the expiration of twelve months from the date of the ratification hereof the work of construction shall not have been begun on the main line this Agreement is to become null and void. Of the proceeds realized from the sale of the Bonds after deducting so much of them as may be required to be kept in England for the purchase of materials and payments of contracts there, such amounts as may be estimated and certified to by the Engineer-in-Chief to the Board of Commissioners hereafter mentioned as being actually required for the construction of any particular section of the main line, shall be ordered by the Board of Commissioners after consideration to be transferred to Shanghai to be kept in the Hongkong and Shanghai Bank or such bank or banks as may be mutually agreed upon and placed to the credit of the construction account of the Railway Admin- istration for the exclusive purpose of building such section or sections of the Eailway herein provided for under the supervision of the Board of Commissioners. On each occasion of a remittance being made to China the amount realized in Sycee will be reported to the Director-General, and any portion which may not be required shall be placed at interest. Simi- larly the balance in England shall be placed at interest. The accounts of the money spent from time to time in England and of the money transferred to the credit of the construction and other accounts for use in China are to be submitted quarterly to the Board of Commissioners for examination and for report to the Director Gen- eral for the information of the Wai-Wu Pu and for his further report to the Board of Revenue and the Bureau of Mines for record therein, after such accounts have been approved and signed by him. 27938—04 19 290 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. Aeticle 5. The dates of the Bonds mentioned in Article 1 and of the Certificates mentioned in Article 12 of this Agreement shall be of even date with this Agreement. Interest shall begin to run upon , the Bonds only from the date of their respective sales and deliveries to the public^ and due adjustment of such interest will then be made with respective purchasers for any fractional period of time thereafter covered by the coupon next maturing. For the purpose of such adjustment the then current interest may be reckoned from the nearest first or fifteenth day of the month in which the sale and delivery occur as the case may be. Coupons which have theretofore matured are to be cancelled and delivered to the Chinese Minister in LondBn for transmission to the Eailway Administration. As-to the form of Bond, it is to be agreed upon by the Director General or by the Chinese Minister in London and the British and Chinese Corporation at the same time as this Agreement is signed, but if hereafter the money markets in London or other countries require the modification of the form of the Bond, except in anything that affects the amount of the Loan, the rate of interest, the period of the Loan and the liability of the Chinese Government which are not to be touched at all, such slight modifications may be made to meet the views of the money markets by the Corporation in consultation with the Chinese Minister in London. Any modifications are to be reported at once by the Corporation to the Director General for the approval of the Wai-Wu-Pu. The Bonds and the net profit Certificates referred to in Article 12 are to be engraved entirely in the English language and shall bear the fac-simile of the signature of the Director General and of his seal of office in order to dispense with the necessity of signing them all in person. But the Chinese Minister in London is to sign each of the Bonds and Certificates and put his seal thereon as required as a proof that the issue and sale of these Bonds as well as the Certificates are duly authorized and binding upon the Chinese Government. Such Bonds or net profit Certificates are to be numbered consecu- tively, and as many Bonds or Certificates as may be needed are to be properly engraved under the supervision of the Corporation. The Loan Bonds herein referred to as soon as they are engraved and signed and sealed by the Chinese Minister in London, as hereinbefore provided, are to be countersigned by the Corporation. The Chinese Minister in London and the Corporation are to agree upon the selection of a proper Safe Deposit in London to keep these Bonds subject to the needs and requirements of the Corporation, so as to enable it during the progress of the construction to sell these Bonds TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 291 after having been signed and sealed by the Chinese Minister in London in separate lot§ from time to time or hypothecate the same in order to raise money to pay for the construction of the railway or any of the branch lines as may have been approved by the Director-General. When the second and subsequent issues are about to be made, if the Corporation receives suiBcient notice from the Director General that subjects of China wish to take up a portion of the issue, the necessary amount of Bonds will be set aside for Chinese subscribers to whom the Bonds will be sold at the same price and on the same conditions aS' those sold to the public in London. If possible arrangements will be made f o]:jssuing these Bonds, and paying the interest thereon, in China, at the current rate of the day. The amount of the Loan is fixed at £3,250,000 for the purpose of constructing and equipping the main line of the Shanghai-Nanking Railway in accordance with the survey and estimates of the Engineer- in-Chief as approved by the Director General. /The first issue of Bonds shall be made in London in such amount as -ma}'^ seem necessary for the work to be undertaken, but before the second or subsequent issues are made, the Corporation shall give suffi- cient notice to the Chinese Minister in London in order that if the Chinese Government has funds at its disposal at the time, it may place such funds to the credit of the construction account of the Chinese Railway Administration to be used in the same manner as the pro- ceeds of the Loan, and in that event the total amount of the Loan of £3,250,000 shall be reduced by the amount thus supplied by the Chinese Government. It is also agreed that the moderate charge for the safe deposit of the Bonds is to be paid from the general accounts of the Railway, Beyond this all expense for the engraving and the sale of the Bonds and such like are to be borne by the Corporation. On withdrawal or deliveries of Bonds the Safe Deposit Company shall notify the Chinese Minister in London. Akticle 6. When the work of construction is ready to begin the Director General shall appoint a Board for supervising t he-construction and o peration of the Railway to be called the Board of Commissioners. whose hea d office shall be at Shanghai. The members thereof shall be tve, of wJiom two are to be Chinese, one to be appointed by the Director General and one by the Director General in consultation with the High Authorities of the province through which the line passes, and besides the Engineer-in-Chief there shall be two British members selected and appointed by the Corporation. The salaries of these five members are to be fixed by the Director General and the Corporation and to be paid from the general accounts of the Railway. 292 TREATIES AND COKVENTIONS WITH CHINA AND KOREA. The regulations for the guidance of the Board of Commissioners shall be subsequently drawn up by the Director General in consultation with the Agent of the British and Chinese Corporation. In case of disagreement between the Chinese and British members the matter shall be referred to the Director General and the Agent of the Corpo- ration resident in China for adjustment in an amicable way. The appointments and functions of all the employees of the Kailway, Chinese and foreigners, with the exception of the Engineer-in-Chief, who shall be nominated by the Corporation and approved by the Director General, as well as their salaries including those of the offi- cials of high rank referred to in the following paragraphs are to be made and fixed by the Board of Commissioners and reported to the Director General. In the case of important appointments the same shall be first reported to the Director General by the Chinese members of the Board. In addition to the Board of Commissioners the Viceroy (the Super- intendent of Southern Trade) may also appoint an official of equal rank with the above mentioned two Chinese officials, whose duty will be to make report for the information of the High Provincial Authori- ties on the state of the Railway accounts, the progress of the work, and the management of the Eailway. To this end he will be granted every facility by the Board of Commissioners who- will always give him access to the records of the head office at Shanghai. But this official shall not in any way interfere with the Board in the perform- ance of its duties. The salary of this officer shall be the same as that of the two Chinese members of the Board, and be paid out of the Railway Account. The functions of the En^ineer-in-Chie f. who will at all times give courteous consideration to the wishes of the High Provincial Authori- ties and the Director General, shall be limited to the construction and operation of the line, and the management of affairs connected with the railway. No foreigners employed in the x'ailway shall be allowed to treat Chinese officials with disrespect, or interfere in local affairs, or usurp the authority of local officials, and should any such be guilty of riotous conduct or of wounding and maining Chinese, the same shall be dismissed on complaint being made by the Director General. As the progress of construction reaches any particular province the appointment under the Imperial sanction of a Chinese official of high rank shall be made in such province by the Director General for facili- tating the settlement of any local matter with the Provincial Govern- ment concerned. For the service of the railway any Chinese of official rank and competent for the work may be recommended by the Board of Com- missioners to the Director General for emploj^ment under the formality of a letter of appointment. TEEATIES AND CONVENTIONS WITH CHINA AND KOREA. 293 For the important offices of the Railway foreigners of ability and experience shall be employed. In the engineering and traffic depart- ments competent Chinese may also be employed and all employees, whether Chinese or foreigners, if incompetent in their work or unsat- isfactory in their behaviour, may be dismissed at any time by the Board of Commissioners and the dismissal shall be reported to the Director General. The Chinese and British members of the Board when ill or absent may be represented at the Board by available sub- stitutes. In the case of the Chinese members the substitutes must be approved by the Director General, and in the case of the British members by the Corporation. When deemed necessary a school fpr the education of Chinese in the construction and working of railways shall be undertaken by the Board , of Commissioners, subject to report and approval by the Director General. The 'accounts of the receipts and disbursements of the railway are to be kept bj'' a chief accountant whose records and books are at all times open to the inspection and examination of the Board of Com- missioners. All the accounts of the railway construction and opera- tion are to be kept in Shanghai currency in the English and Chinese languages with the combined signatures of a Chinese and British official. The staff of the Chief Accountant's department shall be composed of Chinese and foreigners, who must be satisfactory and reliable men. Article 7. Under the provisions of article 3 of this agreement the properties covered by the first mortgage security hereby created include the rail- way, its property and equipment, said mortgage to be executed by a deed in the usual form as contemplated by the said article. But sub- ject to the guarantee and mortgage thus given hj the Chinese Gov- ernment, it is hereby declared that this railway is in fact a Chinese property. All the lands that may be required for a double line of railway from Shanghai to Nanking and for the double track-sidings, stations, repair- ing shops and carsheds to be provided for in accordance with the detailed plans now made or hereafter to be made by the Engineer-in- Chief and approved by the Director General shall be acquired by the Railway Administration whether in whole or in part according to the means at its disposal at the actual cost price of the land. The titles to the land for the line and of all other lands shall be free from all encumbrances or entanglements, and shall from time to time as soon as secured be registered in the name of the railway. Notices of such purchases (together with corresponding title deeds) are to be transmitted by the Railway Administration under the direc- tion of the Director General to the local agent of the Corporation for 294 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. record and preservation in its oMce in Shanghai, and for the purpose of' establishing the first mortgage security (and thereafter for the return to the Railway Administration), as hereinafter in this article provided in respect of railway lands and properties. When the term of this agreement expires all the title deeds shall be surrendered and returned to the Railwaj'^ Administration. The amount to be advanced to the Chinese Railway Administration for any land within the survey limits shall altogether not exceed the sum of £160,000 for which yearly interest at the rate of six per cent, shall be allowed from the receipts of the railway. It is understood that any land bought by the Chinese Railway Administration with their own money outside of the survey limits, but needed for future requirements, shall be on the Chinese Administration's own account and no interest shall be allowed on the price thereof. It is further agreed that if the British and Chinese Corporation is called upon to provide means for the acquisition of the lands, whether by the sale of bonds or by advances from other sources, the Chinese Government guarantees to procure and protect all the lands that are required for the line of railway. All lands, the title deeds of which are lodged with the Corporation as part of the first mortgage security of the Loan, shall not be dis- posed of in any way by hire, lease or sale to any party for any purpose whatever without the written consent of the Chinese Admin- istration. It is also agreed that the lands thus bought, whether from Chinese or British advances, shall be free from all entanglements arising from the removal of graves or from prejudices of "fengshui", and shall be conveyed by full and sufficient deeds of assignment according to Chinese Law, all of which are to be kept and recorded in the Shanghai office of the British and Chinese Corporation, and to be held by it as a first mortgage security for the Bonds under the provisions of this Agreement until such time as principal and interest of the Bonds, together with all. indebtedness, shall have been paid off, when the same shall then be returned to the Chinese Railway Administration. r For the proper protection of the first mortgage security the Chinese Government undertakes that until the Bonds shall have been redeemed and the net profits on the net profit Certificates shall have been paid, no part of the lands comprised in the mortgage security or the railway with its appurtenances shall be transferred or given to another party, or shall be injured or that the rights of the first mortgage shall be in any way impaired. It is likewise agreed that until the interest and principal of the Loan and all indebtedness shall have been paid off, or unless with the express consent in writing of the Corporation, the Chinese Govern- ment or the Chinese Railway Administration shall not again mortgage the above properties to another party, whether Chinese or foreign. TREATIES AWD CONVENTIONS WITH CHINA AND KOREA. 295 During the period of this Agreement no special taxes shall be levied by the Chinese Government on the Railway, its appurtenances or earnings; but all taxes at present payable, such as land tax as well as any taxes which the Chinese Grovernment may hereafter institute, such as stamp duty etc. , and which may be applicable generally to all commercial transactions in China, shall also apply in the case of the Railway and its operations. The first expense in railway construction being the purchase of land, it is agreed that as soon as the survey is made the Corporation shall advance to the Railwav Administration sums as reqniTed to pay for tEe land purchased . For such advances the Woosung railway with a ll its proper ty s hall be given as first mortgage sec urity, and interest at the rate of six per cent per annum shall be allowed until the first portion of the loan has been floated when such advances shall be repaid from the first proceeds of the loan. As owing to the unwillingness of owners to sever their land it may become necessary for the Railway Administration to acquire more land than is actually necessary for railway purposes the Railway Adminis- tration may do so in view of future requirements, but it is understood that any land bought from funds so advanced, out of the survey limits, shall be on the Chinese Administration's own account. When the purchase of all the land is completed, and the total amount thus expended is ascertained, an additional issue of Bonds for an amount not exceeding £250,000. includin g the £160,000 referred to in this a rticle, shall be made in order to repay the sums spent in the purchase of land . Such Bonds shall be similar to the Bonds mentioned in Article 1 of this agreement, and shall have the same guarantee and same mortgage security and same treatment, with however this difference that they s hall be redeemable at par at any time on giving six months' notice . and that the rate of interest shall be six per cent per annum. The interest on snch p ortinTis of this loan as is applied to t he purchase of l and outside of the Engineer -in-Chief's survey shall i n the first pUce be paid out of the Chinese sha re of the net profits of the railway an d f ailing this, then out of the earnings of the railw ay. As the object which the Railway Administration has in view is that all railway lands should be Chinese property the additional loan o f £250,000 shall be paid off as soon as practicabl e. Nevertheless, although such bonds may be redeemed, the land occupied by the rail- way within the survey limits s hall^ continue as mortgage security under the terms of this Agreement. Article 8. It is agreed that if the half yearly interest of the Bonds is not paid on any due date thereof or if the principal of the Loan remains unpaid at maturity of the same, the whole Railway with all its appur- 296 TREATIES AND QONVENTIONS WITH CHIKA AND KOEEA. tenances herein mortgage(^ to <,hp, Rr itisVi an(\ T'lhinese Corporation for the Bondholders s hall be handed over to the Corporation to be dea lt with by it according to law in such manner as will insure the prop er protec tion of the interests of the Bondhold ers. When the whole Loan and the interest due thereon and all indebtedness shall have been paid off, the Railway with all its appurtenances in good working condition shall revert to the possession and management of the Chinese according to the provisions of this Agreement. Article 9. As remuneration for superintendence and services, the Corporation shall receive five per cent on the entire cost of all materials purchased for the railway. It is agreed that all materials required for the railway shall be pur- chased in the open market at the lowest price obtainable, but it is understood that all such materials shall be of good and satisfactory quality. Invoice and inspector's certificates are to be submitted to the Chinese Administration. With a view to encouraging Chinese industries, Chinese materials are to be preferred as also the products of the Han-yang Iron works, provided price and quality are suitable. No commission will be allowed to the Corporation on the purchase of materials pxrept as herein provided. All trade discounts or rebates if any are to go to the construction account . Article 10. In the construction of the line, in the working of the railway, and in the performance of the different kinds of business connected with the railway, no interference or obstruction by Chinese or foreigners will be permitted. The Chinese Government will provide protection for the line while in construction or when in operation, and all the properties of the railway, the combined enterprise of the Chinese Administration and British and Chinese Corporation, as well as all foreigners and Chinese employed therein are to enjoy the utmost pro- tection from the local officials, civil and military, in thie provinces through which the railway passes, particularly on occasions of local disturbance or of obstruction by natives. The Board of Commissioners are authorized to maintain a Railway police of Chinese with Chinese officers for the protection of the line. Their wages and maintenance are to be wholly defrayed by the Rail- way. In the event of the Railway requiring further protection by the military forces of the Imperial or Provincial Governments, the same will be duly applied for by the Director General and promptly afforded, it being understood that such military forces, although trans- TREATIES Al^D CONVENTIONS WITH CHINA AND KOKEA. 297 ported free by the Railway, are to be maintained at the expense of the Government or the Province, as the case may be. The Railway police may not interfere with matters outside the Raiilway. Article 11. In connection with the Railway there shall be established and main- tained a proper signalling service, which shall include such telephone and telegraph conveniences as may be found necessary to use along the line of the Railway and its branches for the exclusive purpose of regulating the movement of trains and other incidental business of the Railway, and such telephones and telegraphs s hall not be used in or interfere with the rip-hts and privileges of the Telegraph Adminis- tratio n. It is further agreed that the Corporation may in consultation with the Director General also establish and maintain in connection with such Railway or its branches such other necessary adjuncts of modern railway operation as it may find expedient for the support of the Railway, such as repair and manufacturing shops, docks, steamers, ferries, storage warehouses, etc. Article 12. It is agreed that after deducting from the. income of the Railway the working and other expenses as described below, the Corporation shall receive twenty per cent of the net profits to be represented by and in form of Certificates to an amount equal to one-fifth of the cost of the line. These Certificates carrying no interest, thev are to have a term of fifty years and a declared face value of .£100 each , and are to be issued to the Corporation at the same time as the Loan Bonds and in amount proportionate to the respective series of such Bonds to t he amount of one-fifth of the aggregate thereo f. And it is under- stood that if there is an issue of the Loan Bonds in excess of the requirements of the Railway and such excess is retired or cancelled, a like proportion of these Certificates shall likewise be subject to retire- ment. Before the expiration of the term of fifty years the Chinese Admin- istration shall have the right at any time to redeem these Certificates at their face value. After the expiration of fifty years the certificates shall be null and void and need not be redeemed, but if any net profits shall have accrued on such Certificates prior to their redemption oi maturity, said accrued net profits must be paid before the same are cancelled. The Chinese Railway Administration is entitled to issue and receive like net profit Certificates (to be in form appropriate for use in China and unlimited in their term, as also without redemption features) to an 298 TREATIES AND COWVENTIONS WITH CHINA AND KOEEA. amount equal to the remaining four-fifths of the Loan. These Chinese Certificates may be issued in whole or in part whenever desired by the Director General, but the net profits will be retained and used by the Railway Administration for the purpose of accumulating a fund to be derived from such share of net profits as may accrue thereon where- with to pay off any Loan Bonds which may from time to time be redeemed under the provisions of this Agreement, or for generally reducing or ultimately discharging Railway Loan obligations, when- ever or wherever desirable, by means of the profits of the Railway. But such Chinese Certificates may however be used in part by the Railway Administration, if necessary, in payment of lands which are essential to the Railway and which cannot otherwise be conveniently acquired by it. The yearly income of the Railway shall be subject to a deduction of all working expenses, cost of maintaining and repairing the Railway, renovating or replenishment of engines and rolling stock, and all expenditure connected with the business of the Railway, and subject to the payment of interest on the Bonds at five per cent per annum (and of interest of six per cent per annum on the cost of the land pro- vided by the Chinese Administration, or provided by an advance from the British and Chinese Corporation), whatever is left of the gross income is considered to be net profits, of which one-fifth is to be given to the Corporation for disposal as it may see fit. If the Loan Bonds shall have been all redeemed according to the provisions of this Agree- ment before the net profit Certificates issued to the Corporation have been redeemed, or shall have lapsed by efiluxion of time, the Corpora- tion shall be permitted to have a representative in the Railway office (whose salary is to be paid by the Railway Administration) to inspect the accounts of the Railway. The duties of this officer are those of an accountant who is to pro- tect the interests of the foreign holders of net profit Certificates until such time as these Certificates shall have all been redeemed or lapsed by effluxion of time, when the services of such accountant shall be dispensed with. Article 13. The British and Chinese Corporation are hereby appointed trustees for the Bondholders and holders of net profit Certificates, and in any future negotiations respecting these Loans or matters arising in con- nection therewith, which may take place between the Railway Admin- istration and the Corporation, the latter Corporation shall be taken as representing the Bondholders and holders of net profit Certificates and as empowered to act on their behalf. TEEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 299 Article 14. All materials of any kind that are required for the construction of the main line or branch lines, whether imported from abroad or from the provinces to the scene of the work, shall (following the precedent of the Northern Railway) be exempted from Customs duty and Likin. The Bonds of this Loan together with their coupons, the net profit Certificates and the income of the Railway shall be free from imposts of any kind by the Government of China. As to the Likin for goods or passengers which may be transported over the lines from, to or through the different provinces, the Director General will confer with the Government Bureau of Mines and Rail- ways and the Board of Revenue with a view to devising means to protect the traffic of the Railway and those who may use the Railway for the transport of their goods from illegal impositions and other abuses. If the arrangements for the levy of Likin over other Railway lines is found to be more advantageous than that of the Railways mentioned in this Agreement, the same advantages shall be extended to and' enjoyed by the Shanghai-Nanking Railway and by those who make use of the same. Article 15. It is agreed that during the time of the construction of the line the yearly five per cent interest on the Bonds and six per cent interest on the amount spent in the purchase of the land are to be paid from the proceeds of the Loan. The accruing interest from any proceeds of the Loan not used during the period of construction and the earnings from the working of any sections as they are built are to be used to make up the amount required for the payment of the said interest and if any deficiency remains it is to be met from the proceeds of the Loan. When the construction of the line is wholy completed the interest on the Bonds and on moneys spent in purchasing the land are to be paid from the earnings of the line every half year ou the first day of June and the first day of December. It is hereby agreed that the amount required for the payment of interest and repayment of principal together with a sum of one quarter of one per cent on such amounts to cover commission to the Hongkong and Shanghai Banking Corporation, who are hereby appointed agents for the service of repaying the Loan, shall be paid to them in Shanghai fourteen days before the due dates in Shanghai sycee sufficient to meet such payments in sterling in London, exchange for which shall be set- tled with the Hongkong and Shanghai Banking, Corporation on the said date of payment at the rate fixed at the time of settlement. 800 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. The Chinese Government undertakes and hereby promises to pay the principal of the Loans and the interest on the Loans on the due dates fixed therefor. If at any time the earnings of the Railway and pro- ceeds of the Loan are not suflScient to pay the interest of the Bonds the Railway Administration is to devise means for supplying the deficiency and should its inability to do so appear probable, the Director General will memorialize the Government to take measures to make up the deficiency from other sources, and thus be ready to pay off the indebtedness, so that the required amount may be placed in each case at least fourteen days previous to the due date of such interest in the hands of the Hongkong and Shanghai Banking Cor- poration in Shanghai. Aetiolb 16. In places along the line of Railway where the Hongkong and Shanghai Banking Corporation has no agencies and where it does not intend to establish any agencies, business relations are to be cultivated with the Chinese Imperial Bank and its local agencies, it being the intention of the British and Chinese Corporation to utilize the Imperial Bank as much as practicable for facilitating the movement of funds. Akticlb 17. The Corporation may, subject to all its obligations, transfer or del- egate all or any of its right^, powers, and discretions to their suc- cessors or assigns, but the Corporation which is a Corporation formed under English Law shall not transfer its rights under this Agreement or the management of the Railway to other Nations, or people of any nationality except British or Chinese. Similarly the Railway Admin- istration shall not transfer any of its rights under this Agreement to persons of other nationality. It is further agreed that without the express consent in writing of the Director General and the British and Chinese Corporation, no other rival railway detrimental to the business of the same is to be permitted, and no parallel line to the Shanghai-Nanking Railway is to be allowed to the injury of the latter's interest within the area served by the Shanghai-Nanking main line or branch lines. Akticle 18. If on account of contingencies beyond the control of the Corpora- tion, such as war or very great political changes in China or else- where, occurring before the publication of the prospectus of the issue of an important series of bonds of the loan hereby concerned, the for- eign money markets are affected, or the construction of the Railway is so obstructed that work cannot be carried on, the Corporation will TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 301 be allowed a reasonable extension of time for floating such loan or the bond issues thereof, or for the commencement or completion of the construction of the Railway. But if Bonds have alread}' been issued and interest already become payable thereon, then the work cannot be suspended or postponed unless subject to the exceptions mentioned in the preceding paragraphs. When the Agreement has been ratified the work shall be begun as soon as possible, and if the Chinese Railway Administration desire each section tpill be pushed on as rapidly as practicable. From the date of ratification a limit of five years shall be allowed for the com- pletion of the whole line, subject to the preceding exceptions mentioned in this article, and if this period is exceeded unless with the consent of the Chinese Administration, the Corporation shall forfeit its one-fifth share of net profits already earned during the previous five years, and shall not begin to participate in such net profits until the line has been completed. Article 19. In the working of the Railway the tariff for fares and freights is to be prepared by the General Traffic Manager and submitted to the Board of Commissioners who shall after due consideration of existing tariffs of other railways in China approve an economical rate. The General Traffic Manager is likewise authorized to make arrange- ments subject to the approval of the Board of Commissioners with connecting railways of other companies for through rates of fare and freight. In case of military operations, whether on account of foreign war or internal insurrection, the movement of troops, ammunition and stores by the Chinese Government, and in case of famine or other great public calamity the dispatch of relief, shall on the requisition of the Director General have preference over the line at half of the tariff rates. Nothing to the injury of China shall be allowed to be carried over the line, neither shall the line be used to the detriment of China. Article 20. In the preliminary Agreement dated 13 May 1898 (23rd day of intercalary 3rd Month of the 24th Year of Kwang-Hsu) it is stipulated that the Railway Administration has the right to redeem the Loan at 102i after 12^ years, and at par after 25 years. It is now agreed that if at any time after the lapse of 12i years from the date of the issue of the Bonds the Chinese Railway Administration receives instructions from the Chinese Government to cancel any of the Bonds or any of the net profit certificates, the Director General shall not less than six months previous to the proposed redemption notify in writing the 302 TEEATIES AND CONVENTIOKS "WITH CHINA AND KOKEA. Agent of the Corporation in Shanghai declaring the number of Bonds, or the number of net profit Certificates so required to be redeemed and cancelled. The Agent of the Corporation shall immediately on receipt of such notice iil writing, proceed to make arrangements for the desired redemption by drawing J flta. and taking other proper steps in the way- customary in London, of the number of bonds or net profit certificates in such quantity as may be required. And as soon as the Railway Administration under instruction from the Chinese Government shall remit the proper amount according to the redemption price of the Bonds or the redemption price of the*net profit certificates together with the interest due on the Bonds, or the net profits due on the cer- tificates, a notice shall be published in two of the most prominent papers in London and in such other financial centres as may be agreed upon with the Chinese Minister for four weeks. At the expiration of the four weeks and on the day fixed for the redemption, the Corpora- tion shall cause the usual lots to be drawn for the redemption of the Bonds or certificates and shall pay over the respective prices of the same to their I'espective holders, and shall thus redeem the Bonds or net profit certificates and cancel them, and thereupon the same are to be delivered to the Director General, or the Chinese Minister in Lon- don for return to the Director General. , All the Loan Bonds, and the net profit certificates shall express that thej" are redeemable at any time on the conditions mentioned in the preceding paragraph, and shall state that the payment of any interest for the Bonds and the participation of any of the net profits by the certificates so drawn by lot entirely cease from the date mentioned by the published notice of the Corporation. The amount required for the redemption shall, however, have to be got ready and placed in the hands of the Hongkong and Shanghai Banking Corporation before such redemption is carried out. The Loan Bonds if redeemed before 25 years from the date they were originally issued shall be paid for with a premium of two and a half per cent over their face value (i. e. £102 10s. will be required to pay for £100), but after 25 years from the date of issue to the expiry of the term of the Loan the bonds may be redeemed without payment of any premium. If amy interest is still due on any of the Bonds at the time of redemption, such interest shall have thereupon to be paid in full. As to the net profit certificates, if they are redeemed within the term of their duration they are to be paid for according to their face value, and if such certificates run to the end of their term, they become null and void and no price need be paid on them nor need they be redeemed, but any net profits still due on them shall have to b& fully paid up according to their amounts before the same are cancelled. TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. 303 Article 21. If any proceeds of the sale of Bonds are lying unused and bearing interest on their deposit whilst the construction of the railway is going on, such interest to go to the General Account of the Chinese Railway Administration in order that the Eailway Administration may enjoy the full advantage thereof. It is also agreed that if the Corporation shall find it necessarj^, before the sale of any of the Bonds, to advance any money for the work, the expense of effecting such advances, together with the interest thereon not exceeding a charge of six per cent per annum, shall be deducted from the interest derived from the above-mentioned unused proceeds of the sale of the Bonds or otherwise to be provided for in the con- struction accounts. It is further agreed that the proceeds of the first sale of the Bonds immediately following any such advance, shall be used to pay off the said advances so as to save the cost of ^^h" p f^T-oagirl charge. Article 22. If any of the Bonds still remain unredeemed when the fifty years of the term of the Loan are about to expire, the Director General will, within two years preceding the expiry of the said term, negotiate by writing with the Corporation for an extension of the term of the Loan and if six months shall have expired after such negotiations in writing and no definite arrangements shall have been come to, the Chinese Government shall be at liberty to take steps to devise means for procuring elsewhere funds to pay off the Loan, and to redeem the Bonds and cancel the mortgage. Article 23. The existing Woosung-Shanghai Line, (as soon as the price agreed upon is ready to be handed over to the Railway Administration) shall be taken over as part of the Shanghai-Nanking system, and the earnings and administration of this section shall be treated in like manner as the Shanghai-Nanking line. The price of the Shanghai- Woosung line shall be taken at Tls. 1,000,000 and this amount shall be paid to the Chinese Railway Administration out of the proceeds of the Loan. Article 24. Immediately after the signature of this Agreement and before the issue of any Prospectus of the Loan to the public, the Director Gen- eral shall memorialize the Throne and obtain an Imperial Edict con- firming and sanctioning the provisions of this Agreement. The Imperial Edict so received shall then be officially communicated without delay to the British Minister in Peking by the Wai Wu Pu. 304 treaties and conventions with china and k.oeea. Article 25. This Agreement is executed in quintuplicate in English and Chinese, one copy to be retained by the Railway Administration, one by the Wai Wu Pu, one by the Bureau of Railways and Mines at Peking, one by the British Minister in Peking, and one by the Corporation, and should any doubt arise as to the interpretation of the Agreement the English text shall be accepted as the standard. Signed at Shanghai by the contracting parties this fifteenth day of the intercalary fifth month of the twenty-ninth year of the Emperor Kwang-Hsu, being the ninth day of July nineteen hundred and three of the Western Calendar." Jakdine, Matheson & Co. David Landale. For the Hongkong & Shanghai Bank, H. M. Bevis, Manager. The British & Chinese Corporation Ltd. Witness to the Signatures of David Landale and H. M. Bevis: Btron Brenan. « Contracts on the same lines as the above have been signed for the construction of lines from (1) Kowloon to Canton, (2) from Suchou to Hangchou, and (3) from Pukou (on the north bank of the Yang-tze Eiver facing Nanking) to Hsin-yang. They have not been made public. On the Pukou-Hsin-yang line, see supra, p. 285, Art. 24. No. 40. GREAT BBITArN^. PEKING SYNDICATE AGREEMENT. « May 21, 1898. Kegulations agreed upon by the Shansi Bureau of Trade and the Peking Syndicate for mining purposes, ironworks, and transporting mine products of all kinds in the Province of Shansi. 1. The Governor of Shansi having sanctioned the request of the Shansi Bureau of Trade for the sole right to open and work coal and iron mines throughout the districts of Yu-hsien and Ping-ting-chou, and the Prefectures of Luan-fu, Tsechow-fu and Ping-wang-fu and also petroleum wherever found, the several-concessions granted are now transferred for operation to the Peking Syndicate for the period of sixty years. Mining engineers shall first be sent to find in what township and hills the mines are situated and what they produce, and make maps thereof with explanations inserted which shall be submitted to the Gov- ernor of Shansi, that he may see that the proposed works are not inju- rious to the place; and he shall report thereon to the Tsung-li YamSn for record, and at the same time issue a permit for the mines to be opened without the least delay. If mining lands belong to the people, lease or purchase shall be made by arrangement with the owners for a reasonable price; if it be Government land, the tax to be paid on it shall be double the ordinary land tax for that locality. 2. The Governor of Shansi has authorized the Bureau of Trade to negotiate a foreign loan not to exceed 10,000,000 taels. Should the mining engineers employed find this sum insufficient, the Bureau may borrow more only of the Peking Syndicate. 3. All matters of administration, exploitation, employes, and finances shall be controlled by the Board of Directors of the Peking Syndicate, and the Chief of the Shansi Bureau of Trade shall co-operate. 4. Each line must have one foreign and one Chinese manager, the foreigner to control the works, the Chinese to attend to all matters between natives and foreigners. Accounts will be kept by the for- eign system; receipts and payments of money to be controlled by the o British Parliamentary Blue Book, China No. 1, 1899, p. 112. 27938—04 ^20 . 305 306 TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. foreign manager and audited by the Chinese manager. At all mines Chinese should be employed as much as possible. All salaries to be paid by the Syndicate. 5. When prospecting for mines, if there be any boring or sinking of pits to examine mineral deposits, an arrangement should first be made with the land-owner to compensate him for any crops injured; If any mine be opened on private land, an arrangement must be made with co-operation of the local officials to lease or buy the land for a price fair to both parties as a measure of justice. Whenever land leased or bought for mines contains cemeteries or mortuary shrines, some plan must be devised to avoid them; there must be no excava- tion. After mines are opened, should there be damage to life or build- ings from subsidence in the mines, the Syndicate shall make charitable compensation. 6. Wherever mines are worked there shall be paid yearly to the Chinese Government as producers tax ("lo-ti-shui") 5 per cent, on the cost of extracting the output of the mines. From the profits shown by the yearly accounts there shall first be paid 6 per cent, on the capital employed, and next 10 per cent, shall be set aside as a sink- ing fund for yearly repayment of capital and consequent reduction of interest, payments to sinking fund ceasing when the invested capital is wholly repaid; and from the remaining net profit 25 per cent, shall be paid to the Chinese Government, and the remainder shall go to the Syndicate for its own disposition. In future, wherever capital is used to work coal or iron mines in China this rule for a 5 per cent. Govern- ment tax on the output shall be enforced, so that all may be treated alike. This capital being money lent by merchants for mining pur- poses, the Chinese Government will not in any way be responsible for losses incurred in the business. 7. The area of the mineral districts of Yu-hsien, Ping-ting-chou, Tsechou-fu, Luan-fu is very extensive, and many njines may be worked therein. But the accounts and profits of each mine must be kept distinct from the others; the gains of one mine should not be made to offset the losses of another, and so cause the Government income to suffer reduction. 8. All machinery, materials, and supplies needed for the mines shall on importation be subject to the rules in force with the Kaifung and other mining Companies, and pay one custom duty and a half to the maritime customs, and shall be exempt from all inland U-lcin taxes. The products of the mines when exported from a seaport shall pay export duty according to the Customs Tariff. 9. The Syndicate is to control the mines for sixty years, on expira- tion of which term all the mines of the Syndicate, whether new or old, profitable or not, shall, with all plant, materials, buildings, land, railways, bridges, and all property acquired by the capital of the mines, TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 307 be handed over gratis to the Chinese Government, and in due time the Bureau shall request the Governor of Shansi to send Deputies to take delivery. 10. It is important that at each mine measures should be taken to prevent discord between officials and people. For this purpose the Bureau should request the Governor to appoint a Deputy, and a Syn- dicate should nominate one of the gentry, the salaries of both to be paid by the Syndicate. 11. On first opening of the mines foreigners must, of course, be employed as mining engineers and foremen, but later on the Bureau and the Syndicate should arrange to select for such positions any Chinese who may be proficient in mining, engineering, or managing work. For subordinate positions of little responsibility Chinese should be entirely employed, and Shansi natives as much as possible, so as to encourage improvement. 12. The miners employed should be chiefly Shansi men, and should be paid fair wages. After the mines are opened the Bureau and the Syndicate should select from European and American Mining Regu- lations suitable ones to apply to questions of compensation to miners for injuries while at work, to pensions for the aged after long service, the limit of daily working hours, &c. , and obtain for such Regulations the approval of the Governor. 13. In opening the mines the Syndicate shall establish a school of engineering on mining in some locality convenient to the mines, and there shall be selected twenty or thirty promising youths by the local officials and gentry to study in this school under foreign instructors, and thus prepare for future employment on railways and in mines. The expenses for this school to be met by the Syndicate. 14. The 10,000,000 of silver taels to be loaned to the Bureau of Trade by the Peking Syndicate is an estimated sum. After the capital necessary for opening each mine has beei supplied b}'^ the S3'ndicate, the Syndicate will be authorized to print shares, certificates, and con- ditions for the capital furnished, and fix the time of sale. Chinese merchants who apply for shares within a fixed time shall be allowed to buy of shares for sale any number they wish. 15. Chinese merchants who wish to buy shares may get them from the Bureau, who will procure them at current market rates; or they may themselves buy or sell the shares at pleasure. If any Chinese genti-y or merchants shall, within the term of sixty years, acquire three-fourths of all the shares of any one mine, that mine may then be redeemed from the Syndicate, and the Bureau shall report upon same, and direct that shareholder to take charge of the mine. 16. If within the area authorized for opening mines there be mines already worked by the people, such private mines shall not be appro- priated, but if a proprietor be willing to lease or sell his mine the 308 TREATIES AND GONVENTIONS WITH CHINA AND KOREA. Bureau and the Syndicate shall offer a reasonable price for it, but no compulsion shall be used. 17. Whenever it may be necessary for any mine to make roads, build bridges, open or deepen rivers or canals, or construct branch railways to connect with main lines or with water navigation to facili- tate transport of Shansi coal, iron, and all other mineral products from the province, the Syndicate on reporting to the Governor of Shansi is authorized to proceed with the works, using its own capital, without asking for Government funds. Regulations for branch railways are to be made in due time. With reference to the Chengting to Taiyuan Railway, for the construction of which the Bureau has borrowed capi- tal from others, the Peking Syndicate, to avoid disputes, shall not construct any railway within 100 U on each side of it. Private land required for the works authorized as above shall be leased or bought according to the Rules already in force with other public Companies. No encroachment of private property shall be allowed, and the local authorities must be applied to for protection. 18. At the end of every year a printed account of profit and loss shall be rendered by each mine to the Bureau, and each mine shall appoint one Chinese and one foreign auditor to examine the accounts and certify that they are correct; and a general account of profit and loss for all the mines shall be jointly prepared and submitted to the Governor, who will send copies to the Tsung-li Yamen and Board of Revenue for audit. Payments due to the Government shall be reported at same time. 19. These mines being under the sovereignty of China, should Ohina ever be at war with another country, the Syndicate will obey the orders of the Chinese Government prohibiting any aid to the enemy. 20. These Regulations shall be made out both in Chinese and foreign text; each party to have a copy for reference. Signed in Peking on this'21st day of May, 1898, being the second day of the fourth month of the twenty -fourth year of the Emperor Kuang Hsu. Seals of Mr. A. Luzzatti, General Agent of the Peking Syndicate (Limited), and of the Shansi Bureau of Trade. No. 41. BUSSIA. PRELIMINARY AGREEMENT AND CONTRACTS CONCERNING THE CHENGTING-TAI-YUAN (CHENG-TAI) RAILWAY. 1898-1903. (1) Draft of Agkbbment between Fang, Supeeintendent of the Liu-lin-Taiyuan Railway Co. (understood to be acting under AUTHORITY FROM THE GOVERNOR OF ShANSI) AND PoKOTILOW, Director of the Russo-Chinese Bank, for the provision of a LOAN TO CONSTRUCT A RAILWAY FROM LiU-LIN (l. E., ChENGTING, A POINT ON THE PeKING-HaNKOW LINE TO THE SOUTH OF THE Hu-TO River) to Tai-yuan-fu in Shansi. The line is to run from Chengting to the coal mines on the Wei-shui river to the north of Pingting, and thence to Taiyuan. The cost — including "official profits" {k%um-U) — is estimated at Tls. 6,800,000. As it is impossible to raise this amount in China, Fang agrees to accept a temporary advance from the Russo-Chinese Bank on the following terms: — 1. A Company will be formed to construct the railway, and the Company will borrow Tls. 6,800,000 necessary from the Bank. Inter- est 6 per cent, from the date of advance. 2. The exact amount required will be determined after the comple- tion of the surveys and estimates. Until the railway is opened to traffic the interest will accrue, and be added to the principal of the loan. Should the traffic receipts during the two years following the opening be insufficient to pay the interest the deficiency will also be added to the loan capital. At the close of these two years, all the moneys owing to the bank by the Company on principal and interest must be reckoned up and interest paid on the full amount at 6 per cent, per annum. All surplus profits, excluding "official profits" iJiuan-Li) made within ^-ye years from the opening of the railway to be deposited in the Bank, the amount to go to the redemption of the loan at the end of the five years. The Bank to pay 4 per cent, on the amounts so deposited. Dating from the sixth year after the opening of the line the Com- pany agree to pay oflf the interest and principal- due to the Bank by 309 310 TREATIES AND CONVENTIONS "WITH CHINA AND KOBEA. quarterly instalments, extending over 25 years: such instalments to be paid in gold at current rates. 3. The Company may at will redeem the loan before the limit of the time specified. The Company may issue share certificates to the amount of the loan, which are to be deposited with the Bank as security. Within the 25 years' limit certificates to the amounts redeemed from year to year will be handed over to the Company by the Bank. If, before the loan is redeemed, the Chinese public consider these shares a good invest- ment, the Company may purchase them from the Bank and issue them at a premium of 20 per cent. Should the Company redeem the debt due to the Bank in either of the two ways stated above, the Bank will have no further concern with the railway. 4. The Bank will decide in consultation with the Company all ques- tions of route gauge, position of stations, amount of rolling stock, etc. All the construction and works will be executed under the supervision of the Company. The Bank engages to use local materials and labour as far as possi- ble, and in any case to spend the greater part of the loan on the spot. As little material as possible is to be procured from abroad, but what- ever is thus obtained must come from Russian or French territory. All such materials are to be purchased by the Bank at the most rea- sonable prices, and questions as to the reasonableness of the prices are to be settled by reference by the Company to the Chinese Ministers in Russia and France. 5. During the whole 30 years and while the loan is unredeemed, the high authorities of Shansi shall, at the request of the Company, inter- dict the construction of another railway or other mechanical means of transport between Liu-lin and Taiyuan-f u, as such would be detrimental to the interests of this railway. 6. The Company will see to the acquisition of the land required for the railway in accordance with the provisia certificate will be granted, without which no mining operations can be undertaken. (2) When such applications are approved by the Foreign Office, that office will refer the application to the bureau of mines and rail- ways for approval. On receiving from the head office a reply in the affirmative, the Foreign Office will advise the bureau of mines and railways to issue a permit, after receipt of which mining operations may be commenced. Fees for such permits will be charged at the rate of 1 per cent on the capital, which must be paid to that bureau for office expenses. (3) The applicant who originally applies for a permit for mining must himself carry on the matter; he can not sell it to someone else. [It is not transferable.] In case he desires to sell out before or after he has begun operation, the original applicant must, with the trans- feree, apply again to the Foreign Office, according to articles 1 and 2, and put the matter on record. When this has been complied with, then the transfer can be made. (4) If the owner of the land can not come to terms with the mining parties, the original petitioner should first parley with him, agree on a price, and have it recorded. It should not be a private (or secret) transaction. If, for Government reasons, the land should be mined and the owner of the land is obstreperous, he should be made to yield to the wishes of the Government. In such a case, the officials shall pay the owner a reasonable price, so that mining can be begun at will. (5) Applicants for concessions may be Chinese or foreigners, or Chinese and foreigners in partnership; it makes no difference. But the land being Chinese soil, and permission to mine being granted by 380 «- TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 381 the Chinese Government, it behooves all who undertake mining opera- tions to respect and abide by the rules and regulations of this Gov- ernment. If trouble of any kind arises, the Chinese Government can use its sovereignty to make a settlement. (6) According to the valuation of the vein opened a tax must be paid, as follows: On 100 taels' (168) woi-th of coal, iron, antimony, alum, borax, etc., 5 taels ($3.40), or 6 per cent. On kerosene, copper, lead, tin, sulphur, cinnabar, etc., 10 per cent. On gold, silver, spelter, quicksilver, etc., 15 per cent. On diamonds, crystals, etc., 25 per cent. Ores which are not included in the above list shall pay a tax accord- ing to the nearest mineral mentioned. There is still to be an export duty at the treaty ports, but no likin. The above amount is to form a distinct revenue, for which the customs are to open a separate account. (7) Every company receiving a permit must begin work within twelve months. After that limit the permit will be canceled and a new concession given. The fact will be advertised in all the native and foreign papers. (8) A railway for transport may be built from the mine to the near- est port or to the nearest trunk line. (9) A mining school shall be started near to the mine, the expense to be borne by the company. (10) All materials and mining machinery from abroad shall pay an import duty only at the port; there shall be no likin. "Whatever material is procured inland shall be given a free transit pass, if it is found to be really for use at the mines. But smuggling of any kind will be heavily fined. (11) The company must report to the Foreign Office when mining engineers are engaged, so that word can be sent to the viceroys and governors to instruct the local authorities to give them adequate protection. In case of trouble the local authorities will be held responsible. In disturbances caused through the purchase of land, opening a mine, or by the workmen, the local officials must issue a proclamation and restore order. If any malpractice is discovered they will surely be impeached and no leniency will be shown. (12) Mining land belonging to the people may be purchased at the market value, but Government land must be leased. The new owner shall pay a land tax, as is customary. Only land needed for sinking shafts or other mining purposes shall be occupied. (13) In buying land the company must pay a fair price, and not appropriate the land by force; nor must the owners raise their price to excess. Putting obstructions in the way on account of "feng-shui," etc. will not be allowed. In case the owner prefers to take shares rather than money for his land, this may be done. 382 TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. (14) Houses and graves are to be avoided. But if the land to be mined has houses or graves on it, the original owner should be well compensated and a removal effected. (15) There should be Chinese police to guard the mines, the expenses to be met by the company. Foreigners should have charge of the machinery and accounts, but all other employees should, as far as pos- sible, be Chinese, and should be well paid. In case of accident to the workmen in the mines, their familes should be compensated. (16) Chinese who have studied mining abroad, or who are merchants abroad and wish to invest in mines in China, maj' report to the Foreign Office. Students who are successful in prospecting will be recom- mended for imperial honors. (17) Those investing money in mining will be protected, but the Government will not be responsible for losses, nor for money borrowed from foreigners. Let the merchant borrow from some other merchant to repay the foreigners. It is no concern of the Government. (18) Accounts must be made up each year, and of the net gain 25 per cent shall be paid as royalty to the Chinese Government. (19) All companies having already received concessions or begun work may follow their regulations, except in article 6 of the present rules. New companies must adhere to these rules. Ko. 57. CHINA. REVISED REGULATIONS FOR RAILWAY CONSTRUCTION IN CHINA. December, 1903. [Translation.] Article I. This Board having, in obedience to an imperial edict, taken over the direction of railway and mining aflfairs, which is a matter of record, besides issuing special mining regulations, hereby give notice that all records, concerned with railway concessions already made, have been transferred to this Board by the General Bureau of Railways and Mines, and all applicants for railway conces- sions, not yet granted, are required to await the approval or dis- approval of this Board. Art. II. No matter whether Chinese or foreigner, official or mer- chant, all applicants for railway concessions must proceed in accord- ance with the regulations proposed by this Board and sanctioned by the Throne. No appeal will be allowed to regulations heretofore adopted by various provincial authorities and which are not in har- mony with the present regulations. Moreover, after the concession shall have been approved by this Board there must be a careful observ- ance of the company laws, submitted in a memorial by this Board and sanctibned by the Throne; there must be no disobedience. Akt. III. When the officials or merchants of any Province shall have accumulated capital stock and asked for a concession for either a main line or a branch line of railway in any Province, they must prepare a map in explanation and state clearly the real amount of their capital, giving the exact details, both being submitted with their petition. They shall then wait until this Board shall have communicated with the local official of the district to which they belong, who shall carefully investigate the circumstances of the applicants, whether or not they are reliable persons and whether or not they are men of property, as well as whether or not they are violating these regulations. "When a reply shall have been received this Board shall then determine whether to approve or disapprove the application. Art. IV. When a line of any railway shall have been surveyed and agreed upon, the local officials must first notify the people, so as to 383 384 TREATIES AND CONVENTION'S WITH CHINA AND KOKEA. prevent any intentional obstruction. As to the purchase of the ground by the company, the local officials must fix a fair price; thej"^ must not allow any raising of the price. As to the taxes due, the company must agree to pay them from year to year; no neglect shall be allowed. Whenever any cottages or graves are found in the line of the railway, if they can be avoided by a curve, steps must be taken to do so, in order to satisf}'^ popular sentiment. If it shall be very difficult for the railway to go around them, the local officials shall decide what payment shall be made for them, so as to prevent contention and obstruction. Art. V. When Chinese merchants apply for a railway concession, if there be any foreign shareholder, application must not only be made to this Board, but to the Board of Foreign Affairs as well, that said Board may investigate and consider the matter. If foreign mer- chants shall apply for a concession in their own names, they must not only file a petition with the Board of Foreign Affairs and await its reply, but also petition this Board that we may investigate and give a decision. No matter whether the foreign merchants desire to undertake the work themselves or simply to supplement the capital stock (of a Chinese company), they must agree to uniformly observe these regu- lations now issued; there must be no infraction of them. Art. VI. In accumulating capital it is important, as a rule, that the Chinese owned [shares] should be. in the majority. If there be no alternative but to supplement with foreign capital, then the amount of the foreign-owned shares should not, at most, be more than equal to the amount of the Chinese-owned shares. When the petition is presented the exact amount of the foreign- owned shares must be stated; there must be no concealment or decep- tion. It will not be permitted. at all to borrow foreign capital in addition to that obtained by foreign-owned supplementary shares. This prohibition is to prevent deception and insure sincerity. Should there be any deception practiced in securing a concession, immediately upon the discovery of the facts the concession will be canceled. Art. VII. Even if foreigners apply for railway concessions in any of the Provinces and they are granted, it is no more than just that Chinese merchants themselves should obtain reasonable advantage therefrom; hereafter, therefore, whenever foreigners make applica- tion for a concession, no matter what may be the amount of the capital stock, they must reserve 36 per cent of the shares and allow Chinese opportunity to purchase these shares at the original price. Art. VIII. No matter whether it be a Chinese company aided by foreign capital or a foreign company aided by Chinese capital, in every case the local authorities must give equal protection. But they must not interfere with the authority of the company to manage its own affairs. Should the company meet with losses the matter must be TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 385 dealt with strictly in accordance with the Imperial Statutes of China; according to precedent the Imperial Government is not required to indemnify. Art. IX. Should any Chinese apply for a railway concession and himself furnish the capital therefor, amounting to more than 500,000 taels, on the successful completion of the railway this Board will make a special petition in his behalf for an edict conferring extraordinary reward as an encouragement. Should he gather together Chinese - shareholders and raise in this way capital to the amount of more than 500,000 taels, then on the completion of the work being reported this Board will take action in accordance with Article XII of the regula- tions as to reward submitted in a memorial b}' this Board and sanc- tioned by the Throne. Art. X. When Chinese make application for a railway concession they must first estimate the entire amount of capital needed for the completion of the road so as to determine the number and amount of shares to be raised, and after the work has begun, if a greater sum has to be expended on account of the difficulties of the work, and the estimate made at the time of gathering shares does not meet the requirements, and the capital thus prove insufficient and there be no way to add further shares of capital, then the said company ought to be permitted to borrow foreign money by mortgaging machinery and buildings; in no case will it be permitted to mortgage lands. But the total amount of money thus borrowed may not in any case exceed three-tenths of the original estimate, and it will be necessary before- hand to send a petition to this Board stating clearly the real amount of money to be borrowed. The merchants concerned will borrow and repa}-; in no case will the Imperial Government assume any responsi- bility. Only after this Board shall have considered and approved the proposal will it be permitted to negotiate the loan. A copy of the contract for the loan must be filed with this Board. Art. XI. If the shares of capital accunaulated are all Chinese owned, and if, after the work on the road for which application was made has been all completed, the company shall apply for the construction of some other road in addition, and if the capital originally raised shall really have been already entirely exhausted, and they shall propose to borrow foreign money in addition to supplying the means for the extension of their enterprise, it will be necessary to prepare a petition and submit the same to this Board and await until it shall have con- sidered the aspects of the case and either approved or disapproved. Art. XII. Hereafter if any Chinese applying for a railway conces- sion shall enter into a secret contract with foreigners to borrow foreign money — mortgaging the road applied for as security— and shall for the time obtain the concession under false representations, or if after 27938—04 25 386 TREATIES AND CONVETSTTIONS WITH CHINA AND KOREA. the work shall have been commenced they shall clandestinely sell the concession to others, then as soon as this Board shall learn of these facts and investigate the affair, or if the local Viceroy or Governor shall discover the same, not only will the road (so far as constructed) be confiscated and the concession canceled, but it will be further necessary to investigate the circumstances of the case, and according to the gravity of the offense to decide upon some form of punishment. Art. XIII. All persons who may obtain a railway concession from this Board, no matter whether Chinese or foreigner, must within six months after the granting of the concession survey the road, and within six months after the completion of the survey must commence the work of construction. The gauge of the road must be exactly 4 feet 8^ inches English measurement, the same as that of the roads now in operation; moreover, the date of commencing the work must be reported to this Board. If the limit of time shall be exceeded and no report be made, the concession shall be canceled, so as to prevent the occurence of such evils as the pretense of raising shares of capital and using this as a pretext for swindling operations. If there should really any extraordinary circumstances arise, report must first be made to this Board, which will make investigation and if it be found that there has really been no deception then the matter of extending the time may be taken into consideration. Art. XIV. If at any place in any of the Provinces where railways are in construction landowners shall raise the price of land, thus hindering or causing trouble, or if workmen, depending upon num- bers, shall constitute a boycott {i. e., probably in order to secure unreasonable wages), it will be permitted the company to make a clear report of the matter to the local authorities, who shall issue a strict proclamation, suppress the disturbance, and prohibit, under severe penalties, all extortionate practices of yamSn underlings. It must be known that railways are the foundation of commercial prosperity and profitable transportation, as well as an important enterprise of the Imperial Government. If the said local officials prove unable to give protection and evade their responsibilities, on investigation, if the facts be as reported, they shall be impeached and dismissed. Art. XV. At present such experts as are needed in surveying for railways, estimating their cost, and superintending the construction are few in China, and it becomes necessary to permit the companies to engage foreign officers, and the local authorities of the places through which they may pass or where they are temporarily residing must use extra care in giving them protection; they must not allow the least unforeseen danger to arise. If the said foreign officers are themselves unmindful of the proprieties and set social restraints at defiance, it is permitted the local authorities to notify the company so that they may be discharged. They must not be screened and pro- TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 387 tected improperly by being transferred to some other road to be employed. If their faults be serious it is permitted to report them to this Board, which shall transmit the complaint to the various Consuls concerned. They shall not be allowed to travel or reside in China. Art. XVI. No matter whether Chinese or foreigners may apply to Viceroys and Governors of Provinces for railway concessions, it will be necessary for the said Viceroys and Governors to make a careful investigation as to whether or not the proposed road will be really of advantage to Chinese commerce or transportation, and whether or not there may be any violation of these present regulations involved in the matter. As soon as they shall report, this Board will take the matter into consideration and deal with it. Akt. XVII. If a company shall get into a quarrel, or there arise any other difficulty affecting the interests of the company, if it be a Chinese one the nearest local official may try and decide the case fairly, thus preventing injustice to either party. If the judgment given does not satisfy, it will be permitted to appeal to this Board, which will consider the case and deal with it so as to give due protec- tion. Should trouble arise between Chinese and foreign merchants, each of the two parties ought to nominate a man to discuss and decide it. If the two arbitrators can not agree in their opinions, they may together nominate a third just and upright man, no matter whether connected with the railway or an outsider, and these together may effect a settlement. The Governments of the two nationalities shall not concern themselves with the case. Aet. XVIII. Railways and mines are two separate concerns and each should be managed in accordance with its own regulations. Those who apply for railway concessions must not demand the right to work mines in connection with them. Formerly, railway com- panies had regulations for working mines along their lines. It will not be permitted hereafter to quote this as a precedent. If there be no place near from which to obtain a supply of coal, and this causes the company so much trouble that it seems likely to suffer loss, they ought, as occasion may require, to petition this Board, making a clear statement of the circumstances and await our investigation and approval or disapproval. If the application be disapproved, they may not thereafter present any further petition upon the subject. This is to prevent confusion. Art. XIX. Formerly, the General Bureau of Mines and Railways decided upon a form for making reports. These forms will still be furnished by this Board to each company, which shall at the end of each year carefully fill in all the details required and present the same to this Board for its inspection and to be placed on file. Art. XX. When application has been made for a railway conces- sion and the same has been granted, the company may at once draw 388 TREATIES AND CON V^ENTION S WITH CHINA AND KOBEA. up a contract. If there should be some items not fully settled, con- cerning which provisions ought to be made in the contract, it will be permitted to consider them and insert such provisions, but nothing must be inserted which will conflict with these regulations. When the contract is arranged a copy must be made and presented to this Board for its consideration and approval. Only after this is done may it be signed. After the work has been completed, should there be places where it is necessary to establish custom-houses, this Board will consult with the Board of Revenue as to their location and take appropriate action. Art. XXI. .Whenever Chinese or foreign merchants are operating railways, should military matters require the Chinese Imperial Gov- ernment to transport troops, rations, pay, weapons, or any supplies necessary to the camp, they shall be given the right of way and trans- ported at half rates. Art. XXII. When a railway is under construction or after the railway shall have been completed, should it be necessary to employ police, it will be permitted to use one or two Chinese to each li of railway, but they will not be allowed to bear arms. If it should be necessary to use soldiers to guard the railway, a petition to that effect must first be presented and this Board will consult with the Tartar Generals, Viceroys, and Governors of the Provinces concerned as to sending such troops; the company must not act upon its own authority. Provisions and pay for such troops must be supplied by the railway. Art. XXIII. Railways and post-offices are of mutual assistance. All who operate railways ought to carry the mail bags of the Imperial Post-Office. The detailed regulations as to this matter will be drawn up at the proper time. Art. XXIV. The foregoing articles are the regulations in general for the construction and operation of railways. Matters not definitely decided therein may be set forth in detail at the time when concessions are granted and contracts are drawn up. Ko. 58. BELaiUM. CONTRACT FOE BUILDING A RAILWAY FROM KAI-FENG FU TO HO-NAN FU. Signed at Shanghai, 1904. [Translation.] Between the Undersigned: 1° The Imperial Chinese Eailway Company, represented by H. E. . Sheng Kung Pao, Director General, duly authorized by the Chinese Government, / 2° La Compagnie Generate de Chemins|de Fer et de Tramways en Chine, represented by Monsieur Armand flouffart, its delegated Administrator, provided with full powers. It has been agreed as follows: Article I. The Director General of the Imperial Chinese Kailway Company H. E. Sheng Kung Pao has asked, in a report, the Chinese Govern- ment that a line of railway should be built starting from a point called Yung Tse on the Eailway line of the Ijuhan where the latter crosses the River. From that point eastward to Kai-feng the line will be 170 li long and westward to Ho-nan Fu it will cover 250 li. These two branches of the Luhan to be built by a Belgian party {groupe) which will make a Loan to build them. This proposal was accepted by a decree dated the 30th day of the 10th moon of 26th year of the present reign. Monsieur Eouffart, the representative of La Compagnie Gen^rale de Chemins de Fer et de Tramways en Chine, has asked us by letter, to undertake this building, and we sent a Chinese official to accompany him in his preliminary study on the ground. After said study. Mon- sieur Eouffart estimated the probable cost of these two branches at One Million Pounds Sterling or 25,000,000 francs; and for all other terms the contract from Peking to Hankow are to be followed. Under date of the 29th day of the 12th moon of the 28th year of the present reign, the Wai-wu Pu wrote to me that I was to discuss the 389 390 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. terms of the contract with Monsieur Rouffart, and it asked me to settle the matter as promptly as possible. Considering that Monsieur Rouffart has full powers from the Com- pagnie G^n^rale de Chemins de Fer et de Tramways en Chine to negotiate this business for it, we, Director General of the Imperial Chinese Railway Company, and Monsieur Armand Rouffart repre- senting the Compagnie Gen^rale de Chemins de Fer et de Tramways en Chine, hereby enter into a contract for a loan, the product of which shall be applied to the building of the Railway from Ho-nan Fu to Kai-feng Fu. Before signing the contract, the Director General of the Imperial Chinese Railway Company has submitted said contract for Imperial Sanction, and it has been approved under date of . This Decree shall form Annex 1 of the pi'esent contract. In vir- tue of the above the Director Genei'al, on account of the Chinese Government, makes a Gold 5% Loan for the sum of 25,000,000 francs or 1,000,000 pounds sterling. This Loan shall be known as the Chin- ese Government 6% Gold Foreign 1903 Loan {Erwprunt du Oouver- nement Chinois 5% w Exterieur 1903). j Article II. This loan shall be represented by 50,000 bonds of 500 francs Gold each. These bonds, the text of which is annexed to the present contract (Annex 2), shall be signed in the nam.e of the Chinese Government by the Minister Plenipotentiary of China at Brussels. They shall be delivered in fractional bonds (coupons) oi 1 to 2 bonds in such proportion as the Compagnie Gen^rale de Chemins de Fer et de Tramways en Chine may request, the total number not to exceed 50,000; the expense of making these bonds shall be charged to the Com- pagnie G^nerale de Chemins de Fer et de Tramways en Chine. They shall bear 5% interest a year on the nominal capital payable in gold. Interest shall run from the date of payment of the product (of the sale) of the bonds,, and shall be payable the 1st January and 1st July of each year. Coupons which have become due and have been paid, shall be classed in numeric order by the Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine, and at its expense, and it shall then send them to the Imperial Chinese Railway Company at Shanghai to be cancelled. If the returned coupons are lost in transmission, the Compagnie Generate de Chemins de Fer et de Tramways en Chine must publish the numbers of the paid and lost coupons in four different newspapers, and transmit to the Imperial Chinese Railway Company a declaration stating the loss. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 391 Article III. The loan shall be redeemed in twenty years counted from the 10th year of issue, by the method of drawing by lots in the offices of the Compagnie G4nerale de Chemins de Fer et de Tramways en Chine, in accordance with the table annexed to the present contract (Annex 3). The drawings by lots shall take place on the third Wednesday of April in each year. The first drawing shall take place on that date beginning with the tenth year from the date of issue of the loan. The numbers of-.the drawn bonds shall be published in four news- papers at the expense of the Compagnie G^nerale de Chemins de Fer et de Tramwaj's en Chine. Article IV. The bonds drawn by lots shall be paid in gold at their par value on the date on which falls due the coupons following the date of the drawing. Bonds presented for refunding must have attached all coupons still unpaid, and the amount of missing coupons will be deducted from the capital to be reimbursed. Interest on bonds will cease to accrue from the day set for reimbursement. Paid off bonds shall be classified and sent back by and at the expense of the Compagnie Generale de Chemins de Fer et de Tramways en Chine to the Imperial Chinese Rail- way Company at Shanghai to be cancelled. If these bonds should be lost on the way, the Compagnie Generale de Chemins de Fer et de Tramways en Chine, shall publish the numbers of the paid and lost bonds in four different newspapers, and transmit to the Imperial Chinese Railway Company a declaration stating the loss. Article V. The Chinese Government denies itself the right, before the date fixed for the first amortization, to fix a larger amortization, or to refund the whole loan or to convert it. After that date it shall be free to refund the loan at whatsoever time it chooses before the dates of pay- ment, and the refunding made all contracts shall be declared annulled. Article VI. Coupons and bonds shall be paid off in francs in the office or offices entrusted with the management of the loan. Article VII. Interest payment and the reimbursement of the bonds provided for in the present loan shall be guaranteed by the gross revenues of the Imperial Chinese Government. Furthermore in virtue of the authorization already granted by the Chinese Government, and in accord with it, the Imperial Chinese 392 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Railway Company, declares that it makes a preferential assignment in favor of the payment of interest and of the capital of the present loan, and that it cedes and assigns in favor of said obligations, all the net receipts of the line from Kai-feng Fu to Ho-nan Fu, after the regular payment of all expenses of management and operating, the whole as elsewhere indicated in an operating treaty concluded between the Imperial Chinese Railway Company and the Compagnie G^nerale de Chemins de Fer et de Tramways en Chine, said treaty being annexed to and forming an integral part of the present contract. This assign- ment is made exclusively and irrevocably until complete redemption of the bonds of the present contract. Article VIII. After auditing and noting the net receipts, the Imperial Chinese Railway Company shall direct the Compagnie Generals de Chemins de Fer et de Tramways en Chine to deposit these funds in a bank to be chosen by common consent. This bank shall convert into gold, in accordance with the provisions stipulated in the contract made between the Bank, the Imperial Chinese Railway Company and the Compagnie Gener^le de Chemins de Fer et de Tramways en Chine, and to the best advantage of the Imperial Chinese Railway Company, the sums paid it, and up to the full amount needed to insure the service of the loan at the next semi-annual payment. These deposits shall continue to be made until the sum needed for the integral service of the loan on the following date of payment has been realized in gold, and in such manner that said service is insured at least three months before the date of the semi-annual payment. The bank designated for the receipt of these sums shall use them to the best advantage of the Imperial Chinese Railway Company. The account in which these sums shall be carried shall be charged twenty days before the date of payment with the sums needed for the service of the loan, interest, amortization, money expenses, difference of exchange and the commissions provided for by the present contract. Article IX. The bank in which shall be deposited the loan funds shall have the right without further authorization to levy on said funds on deposit the amount of the coupons to be paid during the construction period; but it shall advise the Director General as these payments are made. Article X. To insure the guarantee just given to the bonds of the present con- tract, the Imperial Chinese Railway Company grants these bonds a special first-class guarantee on the Railway from Kai-feng Fu to Ho-nan Fu, on its fixed and rolling stock and its receipts. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 393 This special assignment is accepted in the name of the bondholders by the Compagnie Generate de CheminS de Fer et de Tramways en Chine. In case of non-fulfillment of the obligations assumed by the Imperial Chinese Eailway Company in the present contract, the Com- pagnie Gendrale de Chemins de Fer et de Tramways en Chine shall have full power to take such action against said property as may result from this special assignment, and in that case, the provisions of the operating treaty hereto annexed, must always be strictly observed. Article XI. The preceding provisions do not conflict with the personal responsi- bility of the Chinese Government concerning the present loan, as said responsibility is specified in Article VII. Consequently the Imperial Chinese Government pledges itself to make up the sum necessary for the service of the loan in gold, in case the sums derived from the net revenues of the line from Kai-f eng Fu to Ho-nan Fu and paid in by the Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine, entrusted with this management by the Imperial Chinese Railway Company, to the bank chosen, should not produce after conversion into gold and three months before the date of the following semi-annual payment, an amount sufficient to insure said service. In this case, and on demand made it, the Imperial Chinese Govern- ment shall be bound to put at the disposal of the Compagnie Generale de Chemins de Fer et de Tramways en Chine sixty days before the following semi-annual payment falls due, in gold or in securities of sufficient amount to produce it in gold, the sum stated to it as being needed to make up said service. Aetiole XII. From the sums derived from the deposits by the Compagnie Gene- rale de Chemins de Fer et de Tramways en Chine, entrusted with that duty by the Imperial Chinese Eailway Company, or from the supple- mentary sums paid by the Chinese Government, the Compagnie Generale de Chemins de Fer et de Tramways en Chine shall, in proper season, place at the disposal of the firms entrusted with the manage- ment of the loan, the amounts necessary therefor according to the needs as determined during the preceding half year. Article XIII. The Imperial Chinese Government will pay to the firms entrusted with the management of the loan, a commission of i % that is to say 25 francs for 10,000 francs on the amount of the coupons paid, and a commission of i % on the amount of bonds drawn by lots or redeemed I 394 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. under anticipated refundings. The amount of this allowance shall be settled every six months; and, in case of insufficiency, it will be paid at once by the Imperial Chinese Government. Article XIV. The Imperial Chinese Government binds itself to respect and cause to be respected the privilege provided for in favor of the bonds under Article IX of the present conventions, and to hold free of all Chinese taxation whatsoever the bonds and coupons as well as all operations whatsoever connected with the management {service) of the loan. The preceding (provision) concerns the bonds and coupons of the loan and the operations relating to the management of the Iban, and which shall be exempt from all taxation. But the taxes now in force in China such as land rent and the taxes which the Chinese Government may impose hereafter, such as a stamp tax levied on the general com- merce of China, the Railway provided for in the present contract and its traffic shall bear them. It being understood that no exceptional law shall be passed for the Railway in question, and that the rule which shall be applied to it shall be that of all Chinese Railways. , Aktiole XV. Coupons which have not been presented for cashing within five years after the date on which they fall due, shall be lost by limitation {prescrits) in favor of the Imperial Chinese Government. The limit of time shall be of 30 years in case of redeemed bonds. On the death of anj' bondholder of the present loan, the bonds shall be transferred and shall belong to the heirs, in conformity with the inheritance laws in force in the country of the bondholder. Payment of coupons and refunding of bonds shall take place in time of peace and in time of war to the holders whether they be subjects of friendly states or of hostile ones. In case of loss, theft or destruction of bonds of the present loan, the Imperial Chinese Government will authorize the Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine to replace the bonds by new ones at its own expense, when- ever it shall have satisfactory evidence of the loss or destruction of the bonds and title deeds (des titres et des droits) of the claimants. Article XVI. The Imperial Chinese Government thrdugh its representatives, shall at once take steps and shall furnish the necessary docxmients to secure the official listing (of the bonds) in the Bourses of the capitals of Europe. Article XVII. The whole amount of the present loan amounting to twenty five millions of francs, represented by 500,000 bonds of 500 francs each, TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 395 possession to be had from the date of payment, is bought outright {pris ferme) by the Compagnie Gen^rale de Chemins-de Fer et de Tramways en Chine, at the price of 90%, that is for the sum of twenty two millions five hundred thousand francs. If on the date of issue, the bonds for the loan for the Hankow-Peking Railway should be quoted below 482.50 francs inclusive of the interest payable {en tenant convpte de lajouissance) the two contracting parties would have the right to cancel the present contract. Article XVIII. The Compagnie Gdn^rale de Chemins de Fer et de Tramways en Chine will deposit the full amount of the proceeds of this purchase in the banks designated by it after agreement with the Director General of the Imperial Chinese Eailway Company, on delivery of the 50,000 bonds bought outright {achetdes ferm.es). The sum needed for the building of a fixed length of line shall be transferred to Shanghai and deposited in such bank as is mutually agreed upon. This bank shall convert into taels the sum in accordance with the instructions of the Director General of the Imperial Chinese Railway Company. A sum on the available proceeds of the loan, at least ^V"" of the proceeds of the conversion into taels, shall be deposited in a bank in China, to be chosen by the Director General of the Imperial Chinese Railway Company, and under his sole responsibility, and this deposit shall be applied to expenses at such times as the rates for the conver- sion of European values into taels may be unfavorable. It being well understood that the depository establishments shall only be required to deliver these sums under the conditions and limitations mentioned in Article 20 here below. The depository bank shall use the sums available in the most advan- tageous manner for the Imperial Chinese Railway Company, in the same manner as the available funds deposited in foreign banks shall also be made to produce interest. Article XIX. The construction work for the whole of the line shall be under the direction of the chief engineer chosen by the Compagnie G^ndrale de Chemins de Fer et de Tramways en Chine, entrusted with this work by the Imperial Chinese Railway Company and for its account. The chief engineer shall prepare all studies, plans, tracings, esti- mates for the whole of the line, he shall direct the carrying out of all works and shall order the materials, tools and supplies necessary to insure the regular working of the line. Nevertheless all these opera- tions must be submitted for the approval of the Director General of the Imperial Chinese Railway Company. 396 TREATIES AND CONVENTIONS "WITH CHINA AND KOEEA. As the line from Kai-feng Fu to Ho-nan Fu is a feeder {confluent) oi the Luhan, the width of the rails and the general methods of operating must be the same as on the Luhan. With the exception of the supplies of material and the expenses of all kinds duly authorized by an act signed by the Director General of the Imperial Chinese Railway Company and paid at Brussels, the Imperial Chinese Railway Company shall place at the disposal of the Compagnie Generale de Chemins de Fer et de Tramways en Chine from the proceeds of the loan, the sums necessary to make, without any exceptions, all necessary payments for the carrying out of the works, the salaries of the staff under its orders, and in general, for all expenses of whatsoever kind. But these payments must always be previously approved by the representatives of the Director General. After the signing of the present contract, the Imperial Chinese Railway Company directs the Compagnie G^nSrale de Chemins de Fer etde Tramways en Chine to choose an engineer with experience in con- struction work who shall direct the construction of the line and pre- pare studies, plans, tracings, and specifications for the whole line, and the whole shall be submitted for the approval of the Director General of the Imperial Chinese Railway Company. Said chief engineer shall be appointed, on recommendation of the Compagnie Generale de Chemins de Fer et de Tramways en Chine, by the Director General of the Imperial Chinese Railway Company, to whom he is directly responsible. The Director General of Chinese Railways shall fix the amount of his salary, after agreement with the Compagnie Generale de Chemins de Fer et de Tramways en Chine. The chief engineer shall prepare a tabulated plan of the European staff necessary for the building, and shall submit it for the approval of the Director General of the Imperial Chinese Railway Company. This staff' shall be engaged by the Compagnie Generale de Chemins de Fer et de Tramways en Chine, which shall put it under the order of the chief engineer. As regards the Chinese staff whether technical or other, the Director General of the Imperial Chinese Railway Company reserves to himself the right to choose it, and to put it under the orders of the chief engi- neer. No Chinese or European employ^ shall be engaged without the assent of the Director General of the Imperial Chinese Railway Com- pany. It is understood that Chinese subjects who have made special studies or who have acquired sufficient practical knowledge, may be presented by the Director General of the Imperial Chinese Railway Company to the chief engineer, who shall employ them on the works under the same conditions as European employes. As to the technical service, the Chinese staff as well as the F^uropean staff shall be under the direct orders of the chief engineer. But the Director General TKEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 397 reserves the right to demand the instant dismissal of any agent of whatever nationality on condition that the demand for dismissal is based on serious reasons. The Director General likewise reserves the right to depute on the works a special Kepresentative with full powers. . The salary of said Representative, as also the running expenses of the head office at Shanghai shall devolve on the Kai-feng Fu to Ho-nan Fu railway concern. Orders for materials, tools and furniture for the construction of the line and for its orderly working, shall be submitted through the chief engineer to the Director General for approval. Orders as well as contracts for work shall be drawn up, after mutual agreement, by the chief engineer and the representative of the Director General. Statements of the sums paid for supplies of materials and expendi- tures of every description settled in Europe shall be sent with all vouchers and explanatory documents to the Imperial Chinese Railway Company every three months. Every month the chief engineer, in agreement with the Imperial Chinese Railway Company, shall request the bank in which are depos- ited the loan funds, to pay the amount necessary for the general expenses of the undertaking during the month following, to an agent chosen by the Director General of the Imperial Chinese Railway, and against receipt duly signed by the latter and under the responsibility of the Director General of the Imperial Chinese Railway Company. This agent shall not surrender any of the funds except under the signature of both the chief engineer and the representative of the Director General. The Compagnie Generale de Chemins de Fer et de Tramways en Chine shall not therefore be obliged to meet any expense for the building out of its own money. Said Company shall endeavor to finish the work on the line within two years from the date on which the Railway from Hankow to Peking shall be opened to traffic as far as the Yellow River, because materials will then be easily transported. It is well understood that the Imperial Chinese Railway Company will not pay the expenses of the office in Brussels, except the necessary expenses for the studies, orders, receipt of materials, living of staff; consequently the personal expenses of the directors, allowances {indem- nites), etc., will continue to be chargeable to the Compagnie Generale de Chemins de Fer et de Tramways en Chine. Article XX. The price paid for the above mentioned bonds being exclusively assigned to the building of the railway from Kai-feng Fu to Ho-nan Fu, the Compagnie Generale de Chemins de Fer et de Tramways en 398 TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. Chine, or the bank having received the deposits, would have the right not to give up these funds in case one of the deposits should not have been applied as provided for, and also in case the delegates of the Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine were not enabled by the Imperial Chinese Railway Company to con- tinue the direction of the construction works. The balance on hand, if any should exist after the completion of the works, shall be held subject to the order of the Imperial Chinese Rail- way Company. After the completion of the works and the organiza- tion of t^ffic, if the funds of the issue should still show a (credit) balance, said balance shall be paid in full to the Imperial Chinese Rail- way Company, who shall remit it to the Chinese Government. If the loan provided for in the present contract should, not be enough to finish the line or to organize traffic, the Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine is authorized by the present (contract) to make a further loan on the same terms as in the present contract without being obliged to make a new contract. Article XXI. Within nine months following the date of the signing of the present contract, the Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine shall buy outright from the 50,000 bonds a first lot for 12,500,000 francs at the price of 90%, for the purpose of building the first portion of the line. The balance of the issue, or 12,500,000 francs, for the building of the second section of the line, shall be taken at the same price and in one or two installments by (public) subscrip- tion or otherwise. But it remains well understood that the expense of issuing the loan falls on the Compagnie Generale de Chemins de Fer et de Tramways en Chine. If the Compagnie Generale de Chemins de Fer et de Tramways en Chine should begin simultaneously the building of both sections of the road on either side of the Luhan line, it shall have the right to make but one issue for the whole loan. Akticlb XXII. Preliminary studies of the line after the signing of the present con- tract are at the expense of the Imperial Chinese Railway Company, and are to be provided for out of the loan funds. Said studies of the line shall be provided for from the revenues derived from the loan, and they shall begin on the section running from Kai-feng Fu to the junction with the Hankow-Peking line. They shall afterwards be made over the other sections. From the Luhan junction to Ho-nan Fu will constitute the second section. The proceeds from the first purchase of bonds shall be applied to the building of the portion of line from Kai-feng Fu to the Luhan junction., TREATIES AND CONVENTIONS WITH CHINA AND KOKEA. 399 The preliminary studies shall begin within nine months from the date of signing the present contract. The Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine shall deposit one million francs to the order of the Imperial Chinese Railway Company. This sum is considered as an advance on the loan for the Railway from Kai-feng Fa to Ho-nan Fu, and is to be specially devoted to expenses for study of the line. The depository bank shall not surrender this sum except in accord- ance with the provisions of Article XX of the present contract. This advance shall produce an annual 6% interest without rate of issue," but it shall be refunded with the proceeds of the first sale of 12,500,000 francs, which must be issued within nine months from the signing of the present contract; a portion of the proceeds of this sale will be used to refund the advance first made. Article XXIIl. Should the, Compagnie Generale de Chemins deFeret de Tramways en Chine finish satisfactorily the work for the Railway from Kai- feng Fu to Ho-nan Fu, complying strictly with all the provisions of the present contract, and should the Chinese Government decide to extend the railway from Ho-nan Fu to Si-ngan Fu, the Director Gen- eral of the Imperial Chinese Railway Company agrees to come to an understanding preferably with and to grant an option for the loan necessary for said undertaking to the Compagnie G6n^rale de Chemins de Fer et de Tramways en Chine, in conformity with the provisions and conditions of the present contract. Article XXIV. The present contract shall only be binding on the Compagnie Gene- rale de Chemins de Fer et de Tramways en Chine if it is assumed that, exclusive of what may be furnished and produced in China, and bought at the same prices as the European product delivered in China, the total amount of materials and supplies necessary for the building and operating of the railway from Kai-feng Fu to Ho-nan Fu will be asked of and ordered from the Compagnie Generale de Chemins de Fer et de Tramways en Chine, which will fill these orders under the best possible terms. The carrying out of this provision of this contract by the Imperial Chinese Railway Company will be proven by the orders for materials for each of the sections of line undertaken. Orders from the Compagnie Generale de Chemins de Fer et de Tramways en Chine will be free from all duties or from likin on importation or in transit across Chinese territory. ai. e., on its par value, presumably. 400 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. If proof of the granting of this franchise is not forthcoming before the end of the month following the date on which the Belgian Govern- ment should inform the Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine that it has received notification concerning Article XXVIII, said Company reserves the right not to consider itself bound. It reserves the same right if extraordinary events should take place, such as a war, or if there were absolute impossibility to secure subscribers for the bonds. Should on its side the Compagnie Generale de Chemins de Fer et de Tramways en Chine not fulfil within the given delays the obliga- tions it has assumed by the present contract, it shall become annulled. The Imperial Chinese Railway Company would be at liberty to enter into contract with whomsoever it chose, and to give up the services of the chief engineer. It is expressly agreed that the works and mines under the control of H. E. Sheng Kung-Pao shall have a preferential right for all orders necessary for the building and operating of the railway which is the object of the present contract. The word preference applies to equality of specifications and prices including transportation, as if the orders had to be filled abroad and delivered in China. AH orders made in China shall be free of duties and of likin on Chinese territory. Akticlk XXV. In case of disagreement between the Compagnie (x^n^rale de Che- mins de Fer et de Tramways en Chine or its delegates and the Impe- rial Chinese Government or the Imperial Chinese Railway Company, such conflicts or disagreements shall be settled by the decision of a member of the Ministry of Foreign Affairs and the Minister of Bel- gium in China. In case of non-agreement, the third arbitrator shall be the Dean of the Diplomatic Body at Peking. Akticle XXVI. Should the Minister of Belgium request the Chinese Minister of Foreign Affairs, the latter shall be bound to give cognizance of the title {notifier le titre) to the Minister of the foreign country mentioned to him as subscribing to the issue of bonds. The present contract is drawn up in triplicate, one copy for the Chinese Government, one for the Imperial Chinese Railway Company and the third for the Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine. In case of doubt or disagreement, the French text alone shall be authoritative in interpreting the present contract. The present contract shall be submitted through the proper channel for the Imperial Sanction, and when that shall have been obtained, the Minister of Foreign Affairs shall notify, by official despatch, the TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 401 Representative of Belgium at Peking, and in case of necessity, the Representative at Peking of the foreign country to whom the title shall be notified. Article XXVIII. The Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine has been organized at Brussels the 26th March, 1900, under Belgian law (regimte lelge) and with Belgian capital. The Imperial Chinese Railway Company only recognizes for the pur- poses of the present contract the above mentioned contracting Belgian Company, which shall never have the right to transfer the present contract to other nations nor to persons of another nationality than Belgian. • Article XXIX. The present contract includes the right to buUd little branch lines from the line from Kai-f eng Fu to Ho-nan Fu for the purpose of secur- ing traffic and establishing useful relations. These branch lines shall only be built after agreement with the Director General and the Gov- ernor of Ho-nan and in accordance with plans approved by them. Done at Shanghai, 27938—04 ^26 No. 59. MEMORANDUM ON RAILWAY AND MINING CONCESSIONS SECURED BY FRANCE AND FRENCH COMPANIES IN CHINA, a [Translation.] 1. Peovinces of Chih-li, of Hu-peh and of Ho-nan. LINE from PEKING TO HANKOW. The Societe d'etudes de chemins de fer en Chine, a Franco-Belgian syndicate in which the French element is represented by the big finan- cial establishments of Paris and the big metallurgical industries of France has received a concession for a railway from Peking to Hankow. The two contracts relating to this line, for a loan and for operating, are dated the 26 June 1898. The line will have an extension of about 1,250 kilometers. It is being built and will be operated by the Societe d'etudes for the mutual profit and equal advantage of the French and Belgian parties. The loan to be floated is 112,500,000 francs. It has been agreed that the French financial share shall be three fifths, that of Belgium two fifths. A first issue of 133,000 bonds of 600 francs 5% was made at Paris and Brussels on April 19, 1899. 226,800 bonds were sub- scribed for, 190,800 at Paris and 36,000 at Brussels. The product of this first issue will suffice to build 600 kilometers of which 300 in the north and 200 in the south, and which will be soon finished. 150 kilo- meters in the north are already being operated. The building of the remainder will be seen to by a second issue as soon as circumstances permit of it.* The Society d'etudes has secured the right to work mines along the line and to make, for the use of these, branch lines. A branch company has been organized under the name of ' ' Soci6t6 franco-beige de recherches mihieres en Chine" to work these mines. a French Yellow Book, Chi-ne, Juin-Octobre 1900, pp. 23-27. 6 For contracts for this line, see supra, No. 34. pp. 225-245. 402 TREATIES AWD CONVENTIONS WITH CHINA AND KOBEA. 403 II. Province of Shan-hsi. LINE PROM TAI-YUAN-FU TO CHENG-TING-FU. The concession for this line was provided for by a contract between the Bureau of Commerce of the province of Shan-hsi and the Russo- Chinese Bank, said contract being approved by the Chinese Govern- ment May 21, 1898. The length of the line is 246 kilometers from Tai-yuan-Fu to Cheng- ting-Fu where it will join the railway from Peking to Hankow. The line will open the very rich coal field of Ping-ting, and its exploita- tion should be remunerative. The concession contemplates the exten- sion of the Tai-yuan-Fu line to the southwest. The system as above will measure from 500 to 600 kilometers and will be worth about 60 millions. '^ The French group in the Russo-Chinese Bank is entrusted with working this concession. III. Provinces of Shen-hsi and of Ho-nan. A Franco-Belgian syndicate secured, the 6 December, 1899, a conces- sion for a line along the course of the Yellow river from Kai-f eng-Fu, capital of Ho-nan — aTluture station on the Hankow-Peking line, to Ho-nan-Fu, with future extension toward Hsi-an-Fu, capital of Shen-hsi.* IV. Province of Hu-pbh. The "Syndicat d'etudes industrielles et de travaux publics en Chine," secured in the month of March 1896, a concession of the anthracite coal beds of Ainantzu, near Tse-kiu. V. Province of Kiang-su. The same syndicate has secured, in the month of December 1898, the concession of the coal beds of Yuan-shan, near Nanking. VI. Province of Che-kiang. A local railway from Hus6 to Kiang-nan, near Hang-chou, at the southern end of the Grand Canal has also been conceded in the month of February 1898, to the "Syndicat d'etudes industrielles et de travaux publics en Chine." VII. Province of Ssu-oh'uan. COAL AND IRON MINES. Following the researches of the Lyons mission to China, some cap- italists and manufacturers had founded in 1897, under the name of oFor agreement concerning this line, see supra, No. 41, pp. 309-316. 6 For fiontract. see suvra. No. 58, pp. 389-401. 404 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. " Syndicat f ranco-chinois de Tchurio--King " a company for working the mineral wealth of Ssii-ch'uan. This company sent to Chung-king as its representative, M. Duclos, engineer, a former member of the Lyons mission, who in 1899 made a contract with the provincial Admin- istration ceding to the syndicate the working of mines of coal and iron in different localities in the province. A capital of 10 million taels is provided for the working of these concessions, with faculty of raising it by installments. PETROLEUM DEPOSITS. The Bureau of the province of Ssii-ch'uan has given to a french com- pany, the "Soci^t^ fran^aise d'explorations minieres en Chine," the right to prospect in this province for petroleum deposits which are believed to be very rich. This concession will necessitate a final exploitation contract for which purpose a French company will be organized. ORE DEPOSITS. The French consulate at Chung-king secured in the month of July 1899, from the Mining Bureau of Ssii-ch'uan, the signing of a contract under which it cedes to a company to be formed with French and Chinese capital the working of ore mines (gold, silver, copper, lead and iron) in the Tien-shan and Ma-kung districts. VIII. Province of Kuei-chou. QUICKSILVER MINES. By two contracts of March 17 and June 26, 1898, the Chinese Gov- ernment has granted the " Soci^te fran^aise d'explorations minieres en Chine " the concession for working the quicksilver, coal and iron mines of the province of Kuei-chou and the works and blast furnaces of.Tsing-ki. This Companj'^ has ceded its rights to the "Compagnie anglo-frangaise des mercures et concessions minieres du Kouei- Toheou" organized with a capital of 7,7.50,000 francs. "HJree-fif ths approximately of the bonds which were issued in March 1899, are held by French. The enterprise is running at present. IX. Province of Ytjn-nan. RAILWAY FROM LAOKAT TO YtJN-NAN HSIEN. By a convention of the 9-10 April, 1898, the French Government secured for itself or for the Company chosen by it, the right to build a railway from Laokay (frontier of RUSSIA. AGREEMENT RELATIVE TO INDEPENDENCE OF KOREA AND NEUTRAL RIGHTS. « Signed at Tokio, April 25, 1898. [Translation.] Baron Rosen, State Councillor, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary of the Emperor of All the Russias, and Baron Nissi, Minister for Foreign Affairs of His Majesty the Emperor of Japan, in order to give effect to Article IV. of the Protocol signed at Moscow on ^^^ 1896, between the Secretary of State Prince Lob- anoff and the Marquis Yamagata — being duly authorised to that effect, have agreed to the following Articles: — Article I. — The Imperial Governments of Russia and Japan recog- nise definitely the Sovereignty and entire independence of Korea, and pledge themselves mutually to abstain from all direct interference in the internal affairs of that country. II. — Desiring to remove all possible cause of misunderstanding in the future, the Imperial Governments of Russia and Japan pledge themselves mutually, in the event of Korea having recourse to the advice and assistance, either of Russia or of Japan, to take no measure in respect to the appointment of military instructors or financial advisers, without arriving beforehand at a mutual agreement on this subject. III. — In view of the wide development taken by the commercial and industrial enterprises of Japan in Korea, as well as the large number of Japanese subjects residing in that country, the Russian Government will not hinder the development of commercial and industrial relations between Japan and Korea. Done at Tokyo in duplicate the 13/25 April, 1898. Rosen. Nissi. « French text in British and Foreign State Papers, XCII, 1068. 27938—04 ^28 433 No. 69. CHEN^A. TREATY BETWEEN KOREA AND CHINA. Signed September 11, 1899. Ratifications exchanged December — , 1899. His Majesty the Emperor of Korea and His Majesty the Emperor of China, being' sincerely desirous of establishing permanent relations of harmony and friendship between their respective subjects, have resolved to conclude a treaty for that purpose, and have therefore named as their plenipotentiaries, that is to say: His Majesty the Emperor of Korea, Pak Chai Sun, Korean minister of foreign affairs, minister of the council of state, etc., His Majesty's minister plenipotentiary, His Majesty the Emperor of China, Hsii Shou Peng, an official of the second grade, director of the imperial stud, His Majesty's minister plenipotentiary ; Who, after having communicated to each other their respective full powers;, found in due and good form, have agreed upon and concluded the following commercial treaty: Article I. • There shall be perpetual peace and friendship between the Empire of Korea and the Empire of China, and between their Peace, friendship, respective subjects, who shall enjoy equally in the good omces. ■'■ J 7 J J ^ J respective countries of the High Contracting Parties full protection and the advantages of favorable treatment. If other powers should deal unjustly or oppressively with either Government, the other, on being informed of the case, will exert their good offices to bring about an amicable arrangement, thus showing their friendly feelings. Akticle II. After the conclusion of this treaty of amity and commerce, the High Contracting Parties may each appoint diplomatic rep- ^^^^sratetives'"^*" resentatives to reside at the court of the other, and may each appoint consular representatives at the ports of the other which are open to foreign commerce, at their own convenience. 434 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 435 These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The diplomatic and consular representatives of the two Governments shall enjoy mutually all the privileges, rights, and immunities, without discrimination, which are accorded to the same class of representatives from the most favored nation. 1 Consuls shall exercise their functions only on receipt sentTtivet' ^^^^^' °^ '^'^ exequatur from the Government to which they are accredited. No restrictions or difficulties shall be imposed upon the movement of the members of the official establishments of either country or upon messengers carrying official dispatches. Consular authorities' shall be bona fide officials. No merchant shall be permitted to exercise the duties of the office, nor shall consular officers be allowed to engage in trade. At ports to which no consular representatives have been appointed the consuls of the other powers may be invited to act, provided that no merchant shall be allowed to assume consular functions. If the consular representatives of either country conduct their busi- ness in an improper manner, they shall be withdrawn on notice being given to the diplomatic representatives of the country concerned. Article III. Merchants and merchant vessels of Korea visiting Chinese treaty ports for purpose of trade shall pay import and export Meroha^ts,me^- (j^ties and tonnage dues and all other charges accord- ing to the Chinese customs regulations and on the same terms as the similar duties levied on the subjects of the most favored nation. Chinese merchants and merchant vessels visiting Korean treaty ports for purposes of trade shall 'pay import and export duties and tonnage dues and all other charges according to the Korean customs regulations and upon the same terms as the duties levied upon the subjects of the most favored nation. The subjects of both powers shall be allowed to resort for purposes of trade to all the open ports in the dominion of the other. Eegulations for the conduct of trade and the customs tariff shall be those enjoyed by the most favored nation. Article IV. 1. Subjects of Korea who may proceed to the Chinese open ports may reside and rent premises or lease land and erect ware- Bights at open ^^^ggg ^s they please within the limits of the settle- ^"^ ^" ments. They shall be at liberty to traffic in all kinds of native produce, in all manufactured goods, and in all articles that are not declared contraband. 436 TEEATIES AND CONVENTIONS WITH CHINA AND KOBl A. Subjects of China who may proceed to the Korean open pdrts may reside and rent premises or lease land and erect warehouses as they please within the limits of the settlements. They shall be at liberty to traffic in all kinds of native produce, in all manufactured goc ds, and in all articles that are not declared contraband. 2. All questions affecting the renting of land, the building of 'houses, the laying out of cemeteries, the payment of rent and taxes, and other matters of a similar nature at the treaty ports of either country are to be determined in accordance with the settlement and municipal council regulations of the ports, which must not be infringed. , If there is, in addition to a general foreign settlement at treaty port in either country, a settlement under the separate control of a foreign power, questions affecting the renting of land and similar matters shall be governed by the regulations of the settlement, which must not be infringed. 3. Chinese subjects shall enjoy all benefits and advantages granted to foreigners with reference to the leasing or purchase puroha^sin'/iand! o^ ^^^^ ^r houses beyond the limits of the foreign settlements at the treaty ports of Korea. But all lands so occupied shall be subject to such conditions as to the observ- ances of Korean local regulations and payment of land tax as the Korean authorities may see fit to impose. Korean subjects shall enjoy all benefits and advantages granted to foreigners with reference to the leasing or purchase of land or houses beyond the limits of the foreign settlements at the treaty ports of China. But all lands so occupied shall be subject to such conditions as to the observance of Chinese local regulations and the payment of land tax as the Chinese authorities may see fit to impose. 4. The subjects of neither country shall be permitted to rent land or houses or open warehouses beyond the limits of the area open to foreign trade at the treaty ports of the High Contracting Parties. The penalty for a breach of this stipulation shall be the confiscation of the land and a fine of twice their original value. 5. No coercion or intimidation in the acquisition or lease of land shall be permitted and the land so occupied shall remain an integral part of the State. 6. If merchandise is sent by the subjects of one of the High Contract- ing Parties from one treaty port in the other country to another treaty port in the same country it shall be subject to the same dues and duties, prohibitions and regulations as obtain in the case of the subjects of the most favored nation. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 437 Article V. 1. A Chinese subject who commits any offense in Korea shall be „ . , ^ , tried and punished by the Chinese consular authorities Pnnishment of j- ^ ^.i , ^ /->,, ■ crimes. according to the laws or Chma. A Korean subject who commits any offense in China shall be tried and punished by the Korean consular officials according to the laws of Korea. A Chinese subject who commits any offense against the life or prop- erty of a Korean in China shall be tried and punished by the Chinese authorities according to the laws of China. A Korean subject who commits any offense against the life or prop- erty of a Chinese in Korea shall be tried and punished by the Korean authorities according to the laws of Korea. When controversies arise between the subjects of the two countries Mixed cases ^^^Y shall be decided by the proper official of nation- ality of the defendant according to the laws of that country. The properly authorized official of the plaintiff's nationality shall be permitted to attend the trial and watch the proceedings, and shall be treated with the courtesy due to his position. If he so desires, he shall have the right to call and examine witnesses, and if he is dissatisfied with the proceedings he shall be permitted to protest against them in detail. 2. If a subject of one of the High Contracting Parties who has com- mitted an offense against the laws of his country takes refuge on the premises or on board a ship owned by a subject of the other the local officials, after having notified the consular authorities, shall send police to assist in having the offender arrested and brought to justice. The authorities of the nationality of the offender shall trj^ the case. No protection or concealment of any such person shall be permitted. 3. If a subject of one of the High Contracting Parties who has com- mitted an offense against the laws of his countrj- takes refuge in the dominions of the other the authorities of the latter country, on receiving an application, shall discover and hand over such person to his country for trial. No concealment or protec- tion of any such person shall be permitted. 4. When in the subject of either of the High Contracting Parties the laws and legal procedure of the other shall have been Extra Territori- g^ f^r modified and reformed as to remove the present * existing objections, the right of extra territorial juris- dictions shall be relinquished. 438 TEBATIES AND CONVENTIONS WITH CHINA AND KOKEA. Article VI. In China the export of rice and grain to foreign countries has always been prohibited. There is no prohibition of this kind Export of rice j^jj Korea, but it is agreed that whenever there is reason to apprehend a scarcity of food within the limits of the Empire a prohibition against the export of rice and grain may be enforced, and shall be binding upon Chinese subjects when it shall have been officially communicated by the Korean local authorities to the Chinese authorities concerned. Article VII. If the subjects of either of the High Contracting Parties in their commercial dealings with each other are guilty of fraud rrandnient qj, m^ke fictitious sales, or do not pay their debts, the sales, debts. ' i authorities of both Powers shall use stringent meas- ures to arrest the offenders and obtain payment of the debts. The Governments of the High Contracting Powers shall not be responsible for debts of this nature. Article VIII. Chinese subjects shall have the right to travel under passports in the interior of Korea for purposes of pleasure or asspor s. trade. They are, however, forbidden to reside or to open establishments for trade there. The penalties for a breach of this stipulation are the confiscation of the goods and a fine of twice their original value. Korean subjects shall have the right to travel under passports in the interior of China for purposes of pleasure or trade, and shall receive most favored nation treatment in this respect. Article IX. The purchase of arms, munitions, and implements of war, as ord- nance or cannon, shot and shell, firearms of all kinds, tions.™*' "" ' cartridges, sidearms, spears or pikes, saltpeter, gun- powder, 'gun cotton, dynamite, and other explosive substances is permitted only to the officials of the two Contracting Powers, and they may be imported by the subjects of either only under a written permit issued by the officials of the country into which they are imported. If these articles are clandestinely imported or sold they shall be con- ■fiscated and the offending party fined twice their original value. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 439 The import of opium into Korea is prohibited, and if either foreign Import of opium °^ Chinese grown opium is imported by Chinese sub- into Korea, export jects it shall be confiscated and the offending party ?rom'^ ^^'""'''^ fined twice its original value. The export of red ginseng from Korea has always been prohibited. If Chinese subjects clandestinely buy and export it without the special permission of the Korean Government, it shall be seized and confiscated and the offenders punished as circumstances may require. Article X. Whenever vessels of either of the two Contracting' States are detained p . on the coast of other through stress of weather or want of fuel or provisions they may enter any port or har- bor either to take refuge therein or to get supplies, or to make repair; the expenses incurred thereby being defrayed by the ship's master. In such event the officers and peoplfe of the locality shall render all the assistance in their power and furnish the necessaries required. If a vessel trades clandestinely at a port not open to commerce, or at any place where she is forbidden to proceed, the trade" "^ *' ^^^ vessel, with her cargo, whether any trade has actually taken place or not, shall be seized and confiscated by the local authorities and the nearest customs officials, and the offenders shall incur a fine of twice their original value. Should a vessel of either Power be wrecked on the coast of the other, the local authorities, on being informed of the occur- Wrecks, their rence, shall immediately render assistance to the crew, cargoes an or . pj,^^-^^ ^^j. ^jjgjj. immediate necessities, and take requisite measures for the salvage of the ship and the preservation of her cargo. They shall also bring the matter to the knowledge of the nearest consular representative, in order that steps may be taken to send the crew home and to save the ship and her cargo. The neces- sary expenses shall be defrayed either by the ship's master or by the authorities of the nationality of the vessel concerned. Article XI. The officers and people of either Power residing at Employment of trading places in the dominions of the other shall have natives. ^^^ light to employ natives in any lawful capacity. Article XII. After the present treaty has been concluded, a tariff and rules shall be drawn up to regulate the frontier trade which has Tariff and fron- ytjjerto been carried on between the two Empires. tier trade rnies. ^^^ persons who have already crossed the frontier and 440 TREATIES AND COKVENTIONS WITH CHINA AND KOREA, r eclaimed ground shall be allowed to pursup- ^.h^.ir ^.v ^pif^.tinns in pp,a|flp "and enjoy protection for their lives and property. ""^ ~ " ' " l< Voni ' tliis"'{ime 'forward imgration across the fron- Migration. tier shall be prohibited on both sides in order to avoid complications. The question of the determination of the site of a rrontier mart, trade mart is reserved for discussion and settlement when the frontier rules come to be drawn up. Akticle XIII. The ships of war of each country shall be at liberty Ships of war. to visit all the ports of the other whether open to foreign trade or not. They shall not be permitted to clandestinely import merchandise. Supplies of all kinds for ships of war of either country shall not be liable to the payment of duties. Officers and men of the ships of war of either country may land anywhere in the territories of the other, but shall not proceed into the interior unless they are provided with passports. If articles used on board ship are for any reason sold, the purchaser shall pay the proper duty. Article XIV. The present treaty shall be ratified by His Majesty the Emperor of Korea and His Majesty the Emperor of China under their hands and seals, and the ratifications shall be exchanged at Seoul within one year at the latest from the date of signature, and immediately thereafter this treaty shall be in all its provisions publicly proclaimed and made known by both Governments in their respective countries, in order that it may be obeyed by their subjects, respectively. Article XV. The Chinese written character being common to both Korea and China, this treaty and future official correspondence shall be made in Chinese for the sake of clearness. Hsu Shou Peng, Knvoy Extraordinary and Minister Plenipotentiary 2"" Eank. Director of the Imperial Stud, for His Majesty the Em- peror of China, 7th day, 8th moon, 25th year of Kuang Su. Pak Chai Sun, Envoy Extraordinary and Minister Plenipotentiary. Minis- ter for Foreign Affairs and Councillor of State. 11th Sep- tember, 1899. ' 3d year of Kwang Mu. No. 70. PEOTOCOL BETWEEN JAPAN AND KOEEA. Signed at Seoul, Februaey 23, 1904. M. Gonsuke Hayashi, Envoy Extraordinary and Minister Plenipo- tentiary of His Majesty The Emperor of Japan and Major General Yi Chi-Yong, Minister of State for Foreign Affairs ad interim of His Majesty the Emperor of Korea, being respectively duly empowered for the purpose, have agreed upon the following Articles: Aeticle I. For the purpose of maintaining a permanent and solid friendship between Japan and Korea and firmly establishing peace in the Far East, the Imperial Government of Korea shall place full confidence in the Imperial Government of Japan, and adopt the advice of the latter in regard to improvements in administration. AeticIjE II. The Imperial Government of Japan shall in a spirit of firm friendship ensure the safety and repose of the Imperial House of Korea. Article III. The Imperial Government of Japan definitively guarantee the independence and territorial integrity of the Korean Empire. Article IV. In case the welfare of the Imperial House of Korea or the territorial integrity of Korea is endangered by aggression of a third power or internal disturbances, the Imperial Government of Japan shall immediately take such necessary measures as circumstances require, and in such case the Imperial Government of Korea shall give full facilities to promote the action of the Imperial Japanese Govern- ment. The Imperial Government of Japan may for the attainment of the above mentioned object occupy when the circumstances require such places as may be necessary from strategic points of view. Article V. The Governments of the two countries shall not in future without mutual consent conclude with a third power such an arrangement as may be contrary to the principles of the present protocol. Article VI. Details in connection with the present Protocol shall be arranged as the circumstances may require between the representa- tive of Japan and the Minister of State for Foreign Affairs of Korea. Hayashi. Yi Chi-Yong. 441 KOREA. II. CONTRACTS, CONCESSIONS FOR RAILWAYS, AND MINING, REGULATIONS CONCERNING SAME. AEEANGED CHKONOLOGICALLY. 443 No. 71. u:ntted states. DECREE AND AGREEMENT FOR WORKING THE UHNSAN GOLD MINES. July 2, 1895. Whereas His Majesty the King of Chosen (Korea) is desirous of having the mines belonging to the Royal Household developed according to modern methods: Now for that purpose He decrees and agrees: — 1st. That He, through His Department of the Household, associ- ates with himself, James R. Morse, an American citizen, and his assigns, as a company for the prosecution of this mining work, said association to be known as the Korean Development Company. 2nd. Said Company shall have as a first privilege the right for twenty -iive years from the date of this decree, to develop and operate a gold mine or mines in the district of Uhnsan, Province of (here appear the Chinese names of Uhnsan) Peng Yang, Kingdom of Chosen. 3rd. This mine or these mines shall be selected by competent engi- neers sent for the purpose by said James E. Morse, or his assigns. 4th. The said mining rights shall include all territory within the limits of said district of Uhnsan. 5th. Within said limits said Company shall have the right to sink shafts and tunnels, to erect engines and machinery, and conduct all operations necessarily connected with the aforesaid mining operations. 6th. Said right shall include the right to mine other minerals found within these limits. 7th. His Majesty the King of Chosen, through His Government, agrees to render said Company all possible assistance in dealing with the native people and in affording rights of way for transportation purposes. 8th. Foreigners shall be allowed to be employed for work in these mines and their properties, and they will be furnished passports and protection. Natives will be employed to as great an extent as is prac- ticable, and they will be given all due facilities by said Company for acquiring a knowledge of mining according to modern methods. 9th. Said Company shall have a capital stock of one hundred thou- sand dollars gold ($100,000), to be divided into one hundred (100) shares of one thousand dollars gold (11000) each. Said capital stock may be increased upon a majority vote of the share-holders in said company. 10th. Said James R. Morse, or his assigns, shall secure the capital for the development and operation of this mine or these mines. 445 446 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. lith. Said James R. Morse or his assigns shall present to the Department of the Royal Household for His Majesty the King of Chosen, twenty-five (25) paid-up shares in said Company. 12th. The profits arising from the working of said mines shall be first applied to the payment of money advanced for machinery and other expenses in the development and operation of said mine or mines, and after the same is paid the balance shall be allotted as divi- dends to each share equally. 13th. No taxes shall be levied upon these mines or their properties. lith. All materials necessarily imported from foreign countries for the use of said mine or mines may be imported free of duty. 15th. Said Company shall hold at least one yearly meeting (each year) of the share-holders, at which meeting each share shall be enti- tled to one vote, a majority of votes being necessary for a decision. At said meeting the books of said company shall be open for inspec- tion. Any change^ in the management of said company may be made upon a majority vote of the share-holders. 16th. Said James R. Morse shall be the manager of said Company until such time as the majority of the share-holders shall see fit to make a change in the management, said manager shall have power to buy all supplies, appoint assistants, employ workmen, and to attend to all the business and operations of said Company. I7th. His Majesty, the King of Chosen, may have an officer sta- tioned at said mine or mines, to look after His interests and to repre- sent Him. Said officer may inspect the books of the Company from time to time. 18th. Said company shall agree not to open or remove any existing graves near said mine or mines without consent. 19th. This decree and agreement shall become inoperative unless mining operations are actually begun before the expiration of one year from the date hereof, providing always that such delay is not caused by war or similar cause over which said company can have no control, in which case an extension of the limiting period may be mutually agreed upon between His Majesty the King of Chosen, and said James R. Morse or his assigns. 20th. A translation in Chinese shall be attached to this decree or agreement. But in all cases of dispute it is understood that this copy in English shall be regarded as the authorized version. A duplicate of which shall be signed by said James R. Morse, or his assigns, and delivered to the Department of the Royal Household for His Majesty the King of Chosen. Seoul, Korea, July 2, 1895. (Signed in English.) Kim Chong Han (su), Acting President of Household Depwri/ment, No. 72. GBEAT BKITAII^. MINING CONTRACT BETWEEN THE IMPERIAL KOREAN GOVERNMENT AND MESSRS. JAMES VICTOR BURN-MURDOCH AND JOHN ALEXAN- DER HAY. September 27, 1898. I. Messrs. J. Victor Burn-Murdoch and John A. Hay or their assigns may engage a mining engineer and select a mining place within the term of two years from the date of this contract, which place they can work under the conditions as set forth hereafter; such a place to be 60 Korean li long and 40 Korean li wide. II. In the place thus selected Messrs. J. Victor Burn-Murdoch and John A. Hay or their assigns may work all mines, gold, silver, copper, coal, and all other minerals or precious stones, and full power is hereby granted to Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns to manage all such mines themselves, and no concession will be granted to any other person or persons for the place after it is selected by Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns, during the term of this contract. III. Work shall commence within two years from the date of the signature of this contract. If within this period work has not begun, then this contract will become null and void, but in case of &nj fwce majeure this contract will be extended for a period equal to the time during which the force majeure existed. Messrs. J. Victor Burn- Murdoch and John A. Hay, or their assigns, will inform the Imperial Korean Government through H. B. M. Charg^ d' Affaires one month before actual woi'k commences. IV. This concession is given for the term of seventy -five years from the day work has commenced. V. During the time a place is being selected by Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns, the Korean Govern- ment may grant concessions to other foreigners. Permission to work a mine cannot be granted to Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns, in the following districts:— Yunghung, Kilchu, Tanchon, Pingyang, Chairiong, Suan and Hamhung, which places have been applied for and refused before this contract was signed, and no work must be done near Imperial tombs and temples and near large towns. 447 448 TREATIES AND CONVENTIONS WITH CHINA AND KOEEA. VI. The necessary capital and machinery, tools and instruments, shall be provided and bought by the said J. Victor Burn-Murdoch and John A. Hay, or their assigns, but in case of tools or materials to be used for the mines preference shall be given to Korean manufacture if of equally good quality and of the same price. The Imperial Korean Government shall not be responsible for any debts of the mines or for any debts in coanection with this undertaking. VII. Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns, may erect godowns, houses, or any other buildings in connec- tion with this undertaking within the limits stated in Article 1, and they may build roads if they consider them necessary, but shall pay for all land taken by such roads and all damages created thereby. VIII. All establishments and branches, the roads, lands, and the buildings of the mining works are by this concession wholly exempted from every kind of taxes and imposts in Korea; all material necessary for the working of the mines will enter Korea duty free, and all products from the mines will leave Korea duty free. IX. In case of any private lands, fields, houses, etc., being required by Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns, in connection with the mining work, such private lands, fields, houses, etc., shall be purchased by the said J. Victor Burn- Murdoch and John A. Hay or their assigns at reasonable prices at their expense, and any damages must also be paid by the said J.\Victor Burn-Murdoch and John A. Hay, or their assigns. Tombs must not be interfered with. X. Of the net profits which will remain after deducting all expenses, Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns, engage to pay a royalty of 25% (twenty-five per cent) to the Imperial Korean Government, such payment to be made half-yearly, that is to say, on the 30th of June and 31st of December of each year. The cost of the machinery in the mines shall not be regarded as "expenses" and shall not be deducted from the profits. XI. The Imperial Korean Government shall send an oiEcial and establish an office at the place selected; this official shall have the right to see the accounts, to watch the sale of any products from the mines and to look after the interest of the Imperial Korean Govern- ment, but in no way shall he have the Tight to interfere with the working of the mines or the sale of any products from the mines. XII. Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns, bind themselves to engage Korean coolies and workmen in proportion of 90 in 100, but should these Koreans not be suitable for the woi'king, then Messrs. J. Victor Burn-Murdoch and John A. Hay, or their assigns, are at liberty to engage foreign workmen. XIII. The Imperial Korean Government will give all facilities for this undertaking, will give full protection to all foreigners employed at the mines, and will grant passports to them. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 449 XIV. After the work is commenced, as here agreed upon, it shall be prosecuted and continued in good faith and with all due diligence, and if the said J. Victor Burn-Murdoch and John A. Hay, or their assigns, fail so to do for a period of six months, then the said mine and all property except machinery thereon, and all rights under this contract shall be forfeited to the Korean Government. Provided, however, if the said J. Victor Burn-Murdoch and John A. Hay, or their assigns, be prevented from working the mines by force majeure then the time they are so prevented shall not be counted in the above period. XV. In the event of it being found desirable to make any modifica- tions in the articles of the present contract or in other matters con- nected therewith affecting the interests of Koreans and Messrs. J. Victor Burn-Murdoch and John A. Hay or their assigns, such modi- fications may be introduced by mutual consent of the Korean Govern- ment and the British Representative in Seoul with the view of consult- ng the convenience of both parties. XVI. In the event of any difference of opinion as to the interpreta tion of this contract, the English text shall be regarded as authorita- tive, but a Korean translation will be attached hereto. Signed at Seoul this twenty-seventh day of September, 1898. J. V. BuRN-MuRDOCH, John A. Hay, Per his Attorney J. V. Bdrn-Murdoch. Signed before me — i J. N. Jordan, H. B. M.''s Charge oP Affaires and Consul General. 27938—04 29 No. 73. UNITED STATES. SEOUL-CHEMULPO RAILWAY CONCESSION. Signed March 29, 1898. The Government of Chosen (Korea) decrees and agrees as follows: 1. A concession to build, operate and maintain a railroad from Seoul to Chemulpo in the Kingdom of Chosen (Korea) including the right to build a bridge across the Han river is hereby granted to James E. Morse, an American citizen, and to his assigns, under the conditions hereinafter named. II. The line of said railroad and the location of said bridge will be hereafter determined upon by surveys of the country to be made by engineers named by said James R. Morse or his assigns. Said bridge shall be provided with a foot path on one or both of the sides for the accommodation of pedestrians. Further said bridge shall either be provided with a "draw" for the passage of boats, or it shall be built sufficiently high so as not to inter- fere with the ordinary navigation of the river. III. The Government of Chosen will provide a right of way along the entire line of said railroad of proper width for the construction and operation of said railroad including ground for stations, warehouses, workshops, switches and turnouts, which right of way shall be leased to said Company for such a period as the road shall belong to said Company — James R. Morse and his assigns^and until the Govern- ment of Chosen shall acquire said railroad and its properties by pur- chase as hereinafter provided for. In consideration of the grant of this lease for the right of way the said railroad Company agrees to grant free transport for Chosen mails and the mail agent in charge of the same as well as free transportation for 450 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 451 troops and munitions of war of the Chosen Government. It is under- stood that when the Government of Chosen shall acquire said railroad by purchase the ground herein leased shall revert to the Government of Chosen. In surveying the line of said railroad due care must be observed to avoid disturbing cemeteries and graves. Further, all crossings other than mere footpaths shall be provided for by the building of necessary approaches and levels over the rails for the passage of wheeled vehicles, and culverts shall be built in embankments when the railroad crosses a main public cart road, pro- viding the embankment is too high for a crossing. IV. Said railroad shall have a station at Seoul, one at Chemulpo, one at the river, and at least three between the river and Chemulpo. The river station shall be at either Mapoo or Riong San. All materials for the construction, equipment, and operation of said railroad, which it is necessary to import from foreign countries, may be imported free of Customs duty and no taxes will be levied on said railroad or its properties or receipts. VI. Foreigners and natives may be employed upon said road at the dis- cretion of its managers. Natives shall be given the preference, espe- cially upon the earthworks where not more than ten per cent (10%) of other nationals will be employed, unless native labor is held at such a high price as to render the importation of foreign labor advisable, in which case such laborers may be imported for the work in hand with the explicit understanding that said foreign laborers shall be returned to the country from which they came upon the completion of their work. For this purpose these imported laborers shall be registered at the Customs office upon their arrival and not one shall remain after the work is finished. VII. For the purpose of carrying out the above business, said James R. Morse or his assigns, is authorized to organize a Company and secure necessary capital. Said Company may make contracts, hold, own and convey all property necessary for the construction, ownership, main- tenance and operation of said railroad, and may operate the same and possess all the power usually exercised and enjoyed by railroad cor- porations! generally. 452 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. VIII. The capital stock of said Company will be hereafter determined by said James R. Morse or his assigns, who shall find the capital necessary for the proper execution of said work. The Government of Chosen shall not be responsible beyond the requirements for the right pf way before named. IX. Said Company shall be organized and the work commenced without unreasonable delay and in any event within twelve months from the date of this decree. If work is not so commenced this concession shall lapse, provided war or other cause over which the Company has no control prevents the work from being so commenced an extension shall be granted. Further, the work of building said railroad shall be completed within three years from the commencement of the same, unless pre- vented by war or other like cause, in which case an extension shall be granted equal to the time so lost. X. If difficulties arise between said i-ailroad Company and the Govern- ment of Chosen as to any cause, they shall be settled by the decision of an impartial commission of from two to five persons to be appointed as follows: One commissioner shall be appointed by the Government of Chosen and one by the said railroad Company. In case these two can not agree, they may appoint a third whose decision shall be final unless he should choose to call to his assistance two more commission- ers, in which case the Government of Chosen and the railroad Com- pany shall each appoint another commissioner to act with the three before named. XI. At the end of fifteen (15) years from the completion of said railroad the Government of Chosen may purchase said railroad and all its prop- erties by paying its then appraised value, which value shall be deter- mined by a commission to be appointed as provided for in Article X. In case the Government of Chosen is unable to purchase said railroad at the expiration of the allotted fifteen (15) years, then this concession shall be binding in favor of said Company for another period of ten (10) years. After which the Government of Chosen shall again have the option of purchase, and so on for other periods of ten (10) years each. TEEATIE8 AKD CONVENTIONS WITH CHINA AND KOREA. 453 xn. The Government of Chosen agrees not to grant any concession for a similar road to connect the two points Seoul and Chemulpo during the life of the concession, or the ownership of said railroad by the herein named railroad Company. This Article has no reference to other railroads connecting other parts of the Kingdom of Chosen. xin. The English text of this decree or concession and its conditions shall be considered the authorized official version. It shall have attached to it a translation in Chinese. Seoul, Korea, March 29, 1898. (Sig.) Ye Wan Yong, Mv)iister of Foreign Affairs. (Sig.) Cho Pyeng Six, Minister for Agriculture, Commerce, Public Work. No. 74. SEOUL-FUSAN RAILWAY AGREEMENT. September 8, 1898. Akt. I. The Korean government hereby grant to the promoters of the Seoul-Fusan Railway Company organized by Japanese subjects the rights of constructing a railway between Seoul and Fusan and working the same and building bridges over the rivers and streams on the line of the railway and in order to make this concession operative, con- clude the following articles of agreement with Sasake Kiyomaro and Inouye Chojiro, the representatives of the said promoters. Art. II. The plans for the construction of the railway and bridges shall be determined according to the survey made by the engineers to be appointed bj' the Seoul-Fusan Railway company, or by their repre- sentatives. The bridges shall be so high as not to obstruct the passage of junks and boats, or drawbridges shall be constructed which shall be opened during certain intervals every day. Pathways shall be constructed, and in order to avoid interruption of travel the path- way on each side shall be used exclusively by persons going in one direction. Aet. in. The guage of the railway shall be the same as that of the Seoul-Chemulpo Railway in accordance with the provision of Art. II of the Imperial Decree No. 31, regarding Korean government rail- ways, which prescribes that the gauges of railways in the different provinces shall, as much as possible, be of the same standard so as not to prevent the transfer of trains from one system to another. The land to be allotted for the line of the railway, stations, go-downs, machine shops, and for putting switches and rails, shall be provided for by the Korean Government in order to facilitate the construction of the railway. During the term the said railway company has con- trol of the railway and until the purchase of the same by the Korean government, the exclusive ownership of these lands shall be vested in the Companjr. Transportation of the soldiers, goods for military use, mail carriers and mails of Korea shall be free of charge. When the Korean government purchase the said railway, the lands which have been exclusively owned by the company shall be returned to Korea. 454 TREATIES AND CONVEKTIONS WITH CHINA AND KOREA. 455 When graves are found on the way of the projected railway the line shall be constructed so as not to encroach upon them. Where the railway crosses roads it shall be so constructed as not to interfere with the traffic on such roads. Art. IV. Terminal stations shall be placed at Seoul and Fusan respectively. The stations shall be erected at such places as will be found suitable, but in those places no foreigners will be allowed to reside. Art. V. The machinery, plants, tools, instruments and other arti- cles of whatever description and kind destined for use in connection with the railway, as well as the lands belonging to the railway, and profits of various kinds, shall be exempted from the imposition of any duties, taxes or charges. Art. VI. Although it shall be in the power of the inspectors of works to employ Koreans and foreigners without distinction, more Koreans than foreigners shall be employed. In the construction of embankments and similar work Koreans should be employed at the rate of nine out of each ten. In case the company employs foreign laborers because Korean labor becomes dearer on account of the demand for labor, such foreign laborers shall all be returned to their own countries when the work shall have been completed, and their entry and exit shall be strictly supervised by the Customs in order that none shall remain in the country. Korean timber and wood shall be used in the work, but in case they are unfit for use, Japanese and Korean timber and wood can be used promiscuously. Art. VII. The promoters of the railway company or their repre- sentatives, in order to carry out the projected work, shall have power to organize a company and collect capital. The said company can make contracts necessitated by the construction and working of the railroad, and also can themselves dispose of everything required there- for as their own property. * Further, the company shall, in the man- agement of this enterprise, be vested with all rights and privileges which are generally enjoyed by railway companies. Art. VIII. The promoters of the said company, or their represen- tatives, shall make estimate of the amount of expense to be incurred and collect the capital. The Korean government do not provide any- thing outside of the lands above referred to. Art. IX. In case branch lines of railway shall be constructed in the other provinces, only the Korean government or Korean subjects shall undertake the enterprise, and no foreign government or subjects shall be allowed to do so. Art. X. The work of construction shall be begun within three years from the date of the signing of the present agreement. In case of failure to commence it within the above limit, the present agreement, unless renewed, shall be considered invalid. If the delay occurs from war 456 TKEATIES AND CONVENTIONS "WITH CHINA AND KOBEA. or such other causes as are unavoidable, the limit shall be extended. If the work shall not be completed within ten years from the date of the agreement it shall be abandoned. If within the said ten years war or some other unforeseen event occurs, the term can be extended in proportion to the period during which such circumstances existed. Akt. XI. In case difficulties arise regarding the railway, the Korean government and the Company shall each appoint one representative and let them jointly decide such differences. If these two persons can- not come to an agreement, a third person shall be called in as a referee and he shall decide the case, which decision shall be final and binding upon both parties. If the referee does not desire to decide by him- self, he and the two original representatives, together with two out- siders separately appointed, shall discuss and decide the matters in dispute. Art. XII. At the end of fifteen years from the completion of con- struction, the Korean government shall have the right to purchase the railway, if it so desires, at the value appraised by the parties men- tioned in the 3rd clause of the preceding article. If it cannot so purchase, the concession will be extended another ten years. If at the end. of the latter term the Korean government still cannot pur- chase the railway, the term shall be extended another ten years. The period of such successive extension shall always be ten years. Art. XIII. Whenever the financial condition of the Korean gov- ernment shall be restored to a sound basis and it shall become able to operate the railway, it can revise the present agreement after negoti- ating with the company with the object of making the enterprise a joint undertaking between Japan and Korea. Art. XIV. The companies or subjects of Korea can at any time become shareholders of the said railway company, and they shall be entitled to the same rights and privileges as others. Art. XV. The said railway company shall under no circumstances transfer its shares to governments or individuals other than the Jap- anese or the Korean governments, or their respective subjects. In witness of the validity of each of the preceding articles of the present concession the respective representatives affix their seals. September 8th of the second year of Kuwang Wu. Sasak^ Kitomaeo, President of the Dvplmiatic Bv/reau of the Mimdstry of Foreign Affai/rs. Inouy^ Chojiro. President of the Bv/reom of Communications in the DepBelongs to China 18 ri8 \ 20 44' 44 18 1 18 4 9 7 6 8 8,§ 3 11 14 104 Cargo L 111 141 325 Carts 326 107 Cash 11 113 Cemeteries 6 15 15 15 18 18 20 20 18 19 41 41 41 41 41 41 41 41 59 51 32 .32 32 32 4 § 4 §4 (4) 4 8, § 3 8, § 8 4 10 8, § 12 10 3 3 17 32 Certificate 63 64 69 107 Ch'ang-sha (in Prov- ince of Hnnan), Chen-pien T'ing, Sis- 109 139 142 110 125 8 Chengting -Taiynan Bailway. Branch lines for mining purposes of Peking Syndicate must not approach line of. Preliminary agreement for loan, constructing of. Loan contract for building and operating. Amount of loan for, interest Bonds, interest, etc 42 308 309 313 1 2 17 23 23 24 314 314 Amount of loan bought by Eusso- Chinese Bank. Sections of line 315 315 Advance to be made by Russo- Chinese Bank, how to be used. Issue of bonds by bank 316 316 Chih-li (Province of) . French railway and mining con- cessions in. Railway to, firom Tientsin.. 402 CMnkiang 355 Chinese Eastern Bail- Agreement between Russo-Chinese Bank and Chinese Government for construction and manage- ment of. Formation of company; duties of director. Shares of, by whom owned Survey of route of line of 212 way. 1 1 2 212 212 212 ALPHABETICAL INDEX CHINA. 483 Name. Chinese Eastern Bail- way. Subject. Time for commencing and com- pleting construction of. Gauge ot line Chinese local officials to assist in building. Chinese Government to protect Staff of, by whom engaged Crimes and lawsuits on land of Land required for, how obtained, exempt from taxation, rights of company on. Special arrangements for mines on land of, to be made. Material for, exempt from duties . Conveyance of Russian troops on . Foreign passengers on, to have Num- ber of docu- ment. Article. Goods' and baggage from or to Russia to be carried in bond over. Treaty tariff to apply to freight on Transit duties on goods for interior to be paid on. China to establish customs stations where line of traverses frontier. Schedule of passenger and freight rates on. Chinese mail on Chinese troops and munitions on . . To revert to China without pay- ment after eighty years. May be bought by China after thirty-six years. All profits of to belong to company. Statutes of the company of the Formation of the company Term of concession - - - - Obligations toward the Russian Government. Immunities of company in regard to Russian customs dues. Technical conditions; periods for commencement and termination of work on. Tariffs Legal suits Rules for railway conveyance Security and order on railway Capital of the company Share capital Bond capital - .- - - ■ Guarantee on bonds by Russian Government. Guarantee of realized bond capital. Shares ■ Reserve capital Net revenue - ■ Payments by Russian' Government under guarantee. Settlement of accounts, etc Reversion of line to China Purchase of line by China 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 6 7 8 9 10 10 10 10 11 11 11 12 12 12 "§"i' § 2 § 3 § 4 I 6 Page. 212 212 213 213 213 213 213 213 213 213 213 214 214 214 214 214 214 214 214 214 214 215-224 215 216 216 218 218 § 7 § 7 § 8 § 9 § 10 I 1] § 11 § 12 § 13 § 14 § 15 § 16 I 16 § 29 5 30 219 219 219 219 219 220 220 220 220 220 221 221 222 222 223 223 484 ALPHABETICAL INDEX CHINA. Name. Subject. Num- ber ol docu- ment. Article. Page. Chinese Empire Eussia recognizes Manchuria as integral portion of. France and Russia declare inde- pendence of, basis of their policy. 17 30 55 55 55 37 39 34 34 34 34 34 34 34 37 37 41 58 39 39 20 20 20 20 20 61 42 1 99 203 Chinese Engineerings and Mining Co. 375 Liahilit V of limited .... 4 5 16 16 1 1 378 Capital of the 378 Chinese Imperial Bank Chinese Kailway Co . . . To be used by Canton-Hankow R. R. To be utilized by Shanghai-Nan- king E. R. Co. Concession given it to build line from near Peking to Hankow. Makes loan for above purpose of Belgian company. Rights and duties of, in connection with building and operating Lu- Han R. R. Solely to deal with Belgian company Imperial edict authorizing and granting concession for Lu-Han Resources of 273 300 225 225 Passim. 14 1 19 229 233 238 In relation to operating Lu-Han R. R. Makes contract with American China Development Co. for build- ing and operating railway from Canton to Hankow. In connection with Canton-Han- kow R. E. Makes loan contract with Eusso- Chinese Bank for Chengting- Taiyuan E. E. Makes loan and construction con- tract for line from Kai-feng Fu to Ho-nan Fu. See also Chinese Railway Adminis- tration. Contracts with British Syndicate for loan, building, and operating line from Shanghai to Nanking. Its rights, duties, unde^ contract with British Syndicate. See also Chinese Eailway Co. Eecognition by China of benefi- cence of. Chinese professing, not to be har- assed or persecuted on account of faith. No restrictions to be placed on Chinese joining. Same laws to apply to all Chinese, those professing as well as those not. Conversion to, not to protect in case of ill-doing, or exempt from pay- ing taxes. Chinese professing, amenable to lo- cal authorities. Railway line from, to Hsin Ming- tun. 242-245 252 313 389 Chinese Bailway Ad- 281 ministration. Christianity 14 14 14 14 14 144 144 144 144 144 417 Chnng-hon-son 317 ALPHABETICAL INDEX — CHINA. 485 Name. Chung-lung (Province of Ssfi-ch'aan), Churches Citizens Clandestine trade Closed port Coal Coastwise duties . Coinage Collisions . Commerce . Sutjeot. Commercial privileges Opened as treaty port Steam navigation for Japanese ves- sels from I-chang to. Japanese settlement at Navigation for steamers between I-chang and, to be improved. Japanese right to build in China. . . No restriction or discrimination on Chinese joining Christian. Purchase of land for erection of See Subjects. Japanese vessels carrying on, along coasts and rivers of China, sub- ject to confiscation. Port Arthur a, except for Chinese and Russian vessels. Mines to be opened along line of Canton-Hankow R. R. by oper- ating company. Mines at Ping-hsiang; branch rail- way line of Canton-Hankow R. R. Mines of Ping- ting in Shan-si Mines along line of North China R. R. reserved to railroad. Mines of Nan P'iao and neighbor- hood, agreement for operating. On exportation abroad to pay duty. Pields of Wei-hsien and Tze-chuan in Shan-tung; railway connection with. Anthracite beds of Ainantzu (Hu- peh). Beds of Yuan-shan (Kiang-su) Mines in Ssii-ch'uan, conceded to French companies. Surtax on Chinese produce agreed to. Surtax of one-half export duty may be levied as. Surtax of, on Chinese native prod- uce agreed to by United States; amount of. No, on machine-made products in China. China to provide for national, uni- form, to be legal tender. Coins of national, to be used in discharge of debts in Haikuan Between Chinese and Mexican ships in Chinese waters, how settled. And navigation, China asked to re- vise existing treaties of. Revision of treaties of, agreed to by China. And advantages in Yiin-nan and Ssii-ch'uan conceded, or which may be conceded, by China to France or Great Britain to be enjoyed alike by both. Num- ber of docu- jnent. 18 6 20 20 37 37 41 42 45 45 52 59 59 59 18 18 20 20 18 19 20 18 19 20 77 15 15 5 Article. 6, § 1 6, § 2 Sup. 1 5 4 14 14 5 Page. 25 11 2 § 4 5 7,8 8, §7 4 2 6 13 Ann. A 6 13 16 § 11 11 4 17 17 39 104 32 144 144 32 51 258 276 312 317 328 330 364 403 403 404 105 108 137-138 139 103 123 144 116 123 144 474 65 72 29 486 ALPHABETICAL INDEX — CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. Commercial relations . China asked to revise, so as to facili- tate them. 15 § 11 65 Compaguie O^n^rale de Makes loan and construction con- 58 389 Chemins de Ter et tract with Chinese Railway Co. Tramways en Chine. for line from Kai-f6ng Fu to Ho- nan Fu. Has right to choose chief engineer 58 19 395 for construction of Kai-f6ng Fu E. R. See Kai-fdng Fu-Ho-nan Fu E. R. Compagnie d' Orient . . Makes agreement for working mines in three prefectures of Fu-kien. 60 407 French directors to form majority. . 60 2 407 Three years allowed for prospecting. 60 2 407 Majority of- shares to be held by Chinese.^ To engage experts, conduct mining. 60 2 407 60 3 408 and sell produce. Shares of stock of each mine; de- 60 . 4 408 bentures; taxes, how provided for. Net profits, how divided 60 5 409 Guarantee for capital invested by . . 60 6 409 Concession to run for fifty years . . . 60 7 409 Accounts, inspection, etc 60 8 409 Taxes, obligation concerning 60 10 409 Loan agreement 60 60 410 Land to be purchased byHuaYuCo- i 410 Amount of capital; allotment of 60 2 411 shares. Purchase of property 60 4 411 Machinery, etc., to pay likin and 60 6 412 other inland duties, also customs duties. To pay expenses of deputies of Bu- 60 9 412 reau of Mines and military escorts. Steps to be taken in prospecting by. 60 10 412 Can dredge rivers and build branch 60 11 413 railway lines; maps; telegraph lines. To have direction of all operations; 60 12 413 staff; workmen. To comply with laws and regular 60 13 413 tions. Yearly profits of, how to be applied. 60 14 414 Accepts regulations as to taxes 60 14 414 Accounts to be kept separate for 60 15 414 each mine. Annual accounts, examination of . . 60 16 414 Chinese Government to have mines 60 17 414 and all property after fifty years. If three-fourths of shares are held 60 18 415 by Chinese, Bureau of Mines can buy out the. Machinery and materials to pay 60 19 415 customs duties, but exempt from likin. See Hua Yu Company. To Germany, to build railways in Concession 8 2,§ 1 47 Shantung. To Russia, of right to extend railway 9 8 52 to Talienwan. ALPHABETICAL INDEX CHINA. 487 Name. Concession Subject, Num- ber of docu- ment. Confiscation Congo Tree State . . . Conservancy Board . Of preceding, not to be used as pre- text for encroachment on China. For railway privileges in districts traversed by Port Arthur line. China not to make any, in neutral strip north of Port Arthur, etc. To France, of right to build railway f rom K wang-chou- wan to Leichou. Political or exclusive commercial, not to be made by China to pow- ers agreeing to terms of Art. VIII, British treaty, 1902. Mining concessions, new regula- tions for. For railways north of Great Wall of China, Great Britain not to seek. For railways in basin of Yangtze, Russia not to seek. For branch railway line from Man- churian Railway through region traversed by Sin-min-ting and Newchwang lines, may be asked by Russia. For railway from Peking to Hankow . Of right to build railway from Tong- king to capital of Yiin-nan con- ceded France. For railway from Pakhoi to West River made to France. Standing of applicants for mining or railway concessions to be deter- mined. Work on mining or railway, to be- gin within six months. Chinese capital to be preferred in working mining or railway. Foreign loans for working Granted by the German Govern- menttotheShan-tung Railway Co. For railway, does not confer mining righH . French railway and mmmg OfrailwayinChe-kiangtoFrenchCo. Laokay to Yiin-nan Fu Railway. Abstract. Mining, in Fu-kien Province Japanese vessels and cargoes sub- ject to, in Chinese ports not open to trade. In case of fraud in issue of draw- back certificate, goods subject to. Of morphia, imported without per- mit. And China agree by treaty to con- fer mutual most-favored-nation treatment. Forimprovement of bed of Whang- poo, created; composition of, ex- penses for work of. Article. 10 10 11 18 18 20 27 27 27 34 36 38 48 48 48 48 52 57 59 59 59 60 18 18 76 15 3 5 7 8,§ 14 § 2 18 1 11 Page. 52 54 54 57 111 111 141 183 183 184 225 250 280 341 341 342 342 363 387 402 403 404 407 32 103 113 467 11 (6) 73 488 ALPHABETICAL INDEX — CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. OonsulB China may appoint in Burmah Great Britain to appoint consul at 1 13 11 1 13 11 Manwyne. British and Chinese in Yiin-nanand 1 13 11 Burmah, their privileges, corre- sppndence. Duties of British and Chinese for 1 14 11 passports to travel between China and Bunnah. Japan may station them at Sha- 2 6 17 shih, Chung-king, Su-chow, Hang-chow. France may station consuls at Toug- 3 1 21 hing, opposite Monkay. France may station consul at Ho- 3 2,3 22 k'ou, Lung-chou, Meng-tse, and Ssu-mao. Japan and China may appoint them 6 3 31 in each other's country. Their rights, privileges, immunities. Duties of Japanese, in China as to 6 6 32 passports. Of Japan and absconding debtors 6 24 37 or offenders. Of Japan to have control over roads 6 Sup. 1 38 and police of Japanese settle- ments. Of Great Britain at Momein or 7 13 43 Shun-ning Fu instead of Man- wyne. ^Of the United States in China. 20 2 136 Their rights, privileges, immuni- ties. Most-favored-nation treat- ment for. Recognition of United States, by Chi- 20 2 137 nese Government to be prompt. Of Mexico and China, to receive 77 III 469 most-favored-nation treatment. Rights. Immunities. Jurisdiction of Mexican, in China. . 77 13-15 473^74 Contraband Steamers and towa on inland waters 18 Ann. C. 6 120 must not carry, goods. Penalty. Trade in opium and salt, preten- 20 Ann. 1 146 tion if not to interfere with pro- visions of treaty. Converts To Christianity not to be discrim- inated against. 20 14 144 Not to pay taxes for religious cus- 20 14 144 toms or practices contrary to faith. Must conform to law of China 20 14 144 Remain Chinese subjects and amen- 61 417 able to local authorities. Clause in Chinese Code concerning. 62 419-420 Roman Catholic missionaries not to interfere in lawsuits of non-con- 64 425 verts with. See Christianity. Cotton Yam and cloth made by machinery in China to pay excise 18 8, § 9 109 ALPHABETICAL INDEX CHINA. 489 ) Num- Name. Siibject. ber of docu- ment. Article. Page. Cotton Eaw, rebate on import duties and exemption all taxes and duties 18 8, § 9 109 on importations from abroad. Yarn, and cloth manufactured either 20 4 139 by foreigners or Chinese, treated alike as to taxation. Eebates. Consumption tax When Chinese native produce be- comes subject to. 18 8, § 3 107 Silk not exported, subject to 18 8, § 7 108 Leviable on articles of Chinese ori- 18 8, § 8 108 gin not destined for export. Only to be levied at place of con- 18 8, § 8 108-109 sumption. China to fix amount of. Payable at native custom-house of 18 8, § 8 109 open ports. Amount of, to be fixed by China . . . 18 8, § 8 1(39 Not levied within foreign settle- 18 8, § 8 109 ments. Raw cotton imported from abroad 18 8, § 9 109 exempt from. Japan agrees to same as accepted 19 1 122 by all treaty powers. Coolies Monopoly in, not to be granted 6 8 33 Convrierlits - Japanese, for books, pamphlets, 1 »#^^^ J ^ A^«* ■#>» *v-_--daB« maps, and charts in Chinese, and 19 5 123 for special use of Chinese, to be 20 11 143 protected and registered. Libelous publications not protected 1 19 / 20 5 123 through copyrighting. 11 143 Translations into Chinese of Ameri- 20 11 143 can books or maps by Americans not protected by. Conrt Ceremonial at receptions foreign repr^entatives at Peking, to be 15 § 12 65 reformed. nprpmonifll naodified .. 15 12 73 Memorandum on the ceremonial 15 Ann. 19 95 to be followed in solemn audi- ences at. Criminala -.. -- In Burmah and China to be sur- rendered. 1 15 12 ^/* AJ*>*J ■ M*IJ «»^*«»— »•— " Chinese, in territory leased to Rus- 9 4 51 sia at Port Arthur. Mexican and Chinese; jurisdiction 77 14 473 in case of. Surrender of Chinese by Mexican 77 14 473 consular oflBcers in China. Customs certificates . . . Chinese goods in transit to or from China through Annam, to be ac- 3 4 22,23 Customs duties companied by. To be calculated on basis haikwan 18 Ann. A. 115 tael. • Equality of treatment as to, prom- 28 186 ised by France in territories in China leased by her. At stations outside Dalny; equality 28 198 of treatment promised by Russia. At open ports outside territory 28 198 leased by Russia, only concerns China; Russia will not seek pref- erential treatment. 490 ALPHABETICAL INDEX CHINA. Num- I Name. Subject. ber of docu- ment. Article. Page. Cnstoms duties Customs Stations On goods carried on Chinese East- ern Eailway. Transit dues. Chinese in leased zone at Kiao- ohou. China to establish, where Chinese Eastern Railway crosses frontier. 32 8 32 48 57 53 53 53 6 6 6 1 30 15 61 63 12 12 51 51. 51 10 5 10 20 20 214 47 214 344 Along railway lines; how to be lo- cated. Imperial order for construction of. . To be a free port during entire pe- riod of lease of territory of Port Arthur. Conditions under which free trade at, granted by Eussia. Of Chinese to Japanese in China. . . Kecovery of 388 370 370 370 Debts 23 23 23 37 37 Of Japanese to Chinese. '. 37 Declaration- Limiting stipulations of convention of Mar. 1 , 1894, on frontier, and frontier trade between Burmah and China. Defining policy of France and Eus- sia regarding China and Korea. Of Emperor of China accepting twelve conditions imposed by Powers for settlement Boxer dis- turbances. Of Emperor of China concerning prevention of anti-Christian riots. Of P3mperor of China concerning protection of missionaries. Included in area leased to Great Britain. Vessels of war of China may use Party to agreement for loan and construction of railway from Tientsin- to Chinkiang. To construct, equip, and operate northern part of Tientsin-Chin- kiang R. R. To work its part of road till loan is redeemed. May transfer its rights, etc. , to Ger- mans only. Represents the Shan-tung Eailway Co. in concession for Tsin-tao — Tsi-nan R. R. Japan and China may appoint to each other's court. Their rights. Court ceremonial at reception of, at Peking to be reformed. ' Of the United States to Chfha. Their rights, privileges, immuni- ties. Most-favored nation treat- ment. Of Mexico and China in each other's country. Eights, privi- leges, immunities. 13 203 Decree - 66 416 422 59 59 Dentsch-Asiatische 355 Bank. 18 29 358 361 51 52 6 15 20 77 31 362 363 Diplomatic agents 2 § 12 1 2 31 65 136 468 ALPHABETICAL INDEX CHINA. 491 Name. Subject. Num- ber of docu- ment. Article. Page. Disturbances So Sing (or Ton- ch'gng). Doug-dang Drawback certificate. Duties . Duty free articles Edict . Emigration. Evacuation . In China or Korea, Great Britain and Japan recognize eacli other's right to take indispensable meas- ures on account of. In China, France, and Russia to conault in case of, for securing their interests. On Yangtze, made a port of call . . . Railway from, to Lung-chou may- be prolonged to Nan-ning and Pe-se. On foreign goods which have paid import duty. Cashing of To be issued within three weeks of presentation of papers to customs. Valid tender in payment of all duties except transit dues. On foreign goods re-exported, may be cashed within three years of date of issue. Attempt to defraud by application for. Not legal tender for tonnage dues . . See Coastwise; Import; Export; Tonnage; and Transit duties; Duty free articles. Transit dues on List of, imported into China Materials for Chinese Eastern Rail- way. Materials for Lu-Han R. R Materials for Canton-Hankow R. R- Materials for Shanghai-Nanking R. R. All materials and revenues of Tien- tsin-Chinkiang R. R. Imperial, authorizing Chinese Rail- way Co. and granting concession for Lu-Han R. R. Imperial, establishing Bureau of Control- of Railways and Mmes. Imperial, to sanction agreement for Shanghai-Nanking R. R. Free, between China and Mexico agreed upon. Prosecution for forcing. Mode of, by Japanese armies of China. , ., ,. Of Peking and province of Chih-li by the Powers; when to take place. Date of, by Powers of Pekmg and province of Chih-li fixed. Of Manchuria by Russian forces, mode of, period for. Chinese troopsinManchuria, before and after Russian. 16 30 18 6 18 20 18 18 20 18 20 20 6 20 32 34 37 39 51 34 35 39 77 15 15 17 17 10 13 13 1 11 "l 9 12 14 22 1 24 5 12 2 3 97 203 112 24 34 34 102 141 103 103 141 103 141 141 34 169-170 213 245 256 299 360 233 249 303 470 17 65 73 100 100 492 ALPHABETICAL INDEX — CHINA. Evacnation . EzaminationB . Excise tax. Exemption . Export dnties . After Russian, of Manchuria, no other Powers to be allowed to occupy evacuated territory. After complete, of Chih-li and Pe- king, that city to be open port. Suspension of official for five years demanded. Edict ordering suspension of, issued List of cities, in which, were sus- pended for five years. Of double import duty on machine- made yarn and cloth manufac- tured in China, freeing it from all other taxes and duties. Same to be levied on all other ma- chine-made products in China. . . Exceptions to above payment of . . . Chinese Government works ex- empt from paying, on their products. Japan agrees to, same as accepted by all treaty powers. From all taxation, examination, de- lay, etc. , insured to native produce in transit after payment of export surtax. On Chinese goods through Annan to Chinese open ports. Drawback certificates valid tender in payment of. Surtax on, Chinese produce subject to. Amount of, on native produce Surtax on, to be paid by Chinese native produce in transit in in- terior. Certificate of native customs for payment of export surtax on na- tive produce, to be accepted on exportation. China may recast tariff of, not to exceed 5 per cent ad valorem. Notice of change. On silk Surtax on, on Chinese native prod- uce agreed to by United States. Amount of. May not exceed 5 per cent Surtax on, to be levied at place of original shipment or at time of export. No, on machine-made goods in China. Tariff, payable on mining produce. . On coal of Chinese trovernment mines. On output of mines to be paid Most favored-nation treatment as to, agreed to between Mexico and China. 17 19 15 15 15 18 18 18- 18 19 18 3 18 18 18 18 18 18 18 20 20 20 20 40 45 50 77 3, § 1 10 § 2 (6) 2, 10 (6) Ann. 8 8, § 9 8, § 9 8, § 9 8, § 9 1 8, § 3 4, § 2 1 8, § 3 8, § 3 8, § 7 8, § 7 4 108 138 4 4 138 139 4 139 8 8 306 330 6 8 350 471 100 125 64 68,72 80 109 109 109 109 122 107 22 103 105 106 107 107 108 ALPHABETICAL INDEX CHINA. 493 Name. Expropriation Exterritoriality . Extradition. Fees rSng-tien . Subject. Num- ber of docu- ment. Financial measures Fine Fives-Lille Co Flag Foochow Formosa Fortifications Chinese to receive compensation for, at Kiao-chou. Of Chinese in territory leased to France at Kuang-chou-wan. Or expulsion of inhabitants in Kow- loon extension forbidden. Or expulsion of inhabitants at Wei- hai Wei forbidden. Chinese in Japan not to enjoy Persons and property of Japanese in China to enjoy. Great Britain agrees to relinquish, in China, after reform of judicial system. Japan and United States agree to relinquish, in China, after re- form of judicial system. Of Mexicans in Chma Criminals in i China and Burmah to be surrendered. Of Chinese in territory leased to France at Kuang-chou-wan. Of Chinese in territory leased to Great Britain to extend to Hong- kong. Between Korea and China — Scale of, at bonded warehouses For registration of trade-marks Southern portion of, ceded to Japan . Delimitation of territory ceded Islands adjacent to, ceded .......... Joint commission of delimitation to be appointed. Eetroceded by Japan to China Compensation for retrocession ..... Mode of payment of compensation for retrocession of. For purpose guaranteeing payment by China of Boxer indemnities. For attempt to defraud in connec- tion with application for draw- back certificate. May be asked by China to prolong . railway toward Nan-ning and Pe-se. Transfer to Chinese, of British steamers for inland navigation not to be hindered. British, may not be used by Chi- nese company running steamers on inland waters in which British are stockholders. Reorganization of naval arsenal at, intrusted to French mission. Island of, and islands appertaining thereto, ceded to Japan. Commissioners to make transfer . . May be erected by Germany at Kiao-chou. At Port Arthur and Talienwan to be erected at Russia's expense. 11 12 6 6 18 19 20 77 1 11 12 18 18 2 2 2 2 4 4 4 15 18 18 18 59 Article. 3 20 12 11 15 Page. 47 56 58 14^15 15 5,3 6 7 2 2 2 3 1 2 3 §6 31 36 113 125 145 473-474 12 56 59 437 105 105 14 14 15 15 26 26 26 64 103 Ann.C.5 Ann.C.5 11 2 5 2 24 119 119 406 15 16 46 51 494 ALPHABETICAL INDEX — CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. Fortifications May be erected by France at Ku- ang-chou-wan. 11 4 56 At Wei-bai Wei, may be erected by 13 §3 60 Great Britain. Forts Between Peking and sea to be razed. China agrees to razing of, between 15 '5 8 64 15 ST '-' 8 71 Peking and seacoast. Free port Kiao-chou 8 45 Kuang-chou-wan 55 Dalny, ordered built and declared a. "53" 370 Frontier Between Burmah and China 1 """i,!,!" 5-8 Burmah-China frontier north of 1 4 8 latitude 25° 35'. Joint commission for demarcation 1 6 9 Burmah-China frontier. Unfortified strip along Burmah- 1 7 10 China frontier. Intercourse and trade, convention 2 6 16 for, between China and Japan. China- Annam, policing of, to be set- 3 1 22 tled with France by agreement. Burmah-China, modified on part of Kiang Hung being ceded to 7 40 France. Burmah and China in latitude 25° 7 1-3 40-42 35' north. Joint Chinese and British commis- 7 . 6 42 sion to demarcate Burmah-China. At Kiao-chou to be delimited by 8 3 46 Chinese-German commission. At Port Arthur and Talienwan 9 2 50 At Port Arthur, to be fixed by 9 2 50 special convention. Of territory leased to Eussia at 10 1 53 Port Arthur and Liao-tung Pen- insular. Of neutral zone north of preceding. 10 2 53 Of territory leased by France at 11 2 55 Kuang-chou-wan. Of territory leased to extend Hong- kong. Of territory at Wei-hai Wei leased 12 58 13 §2 60 to Great Britain. Chinese native custom-houses on 18 8,§ 1 106 land, to be maintained. Goods imported into China across land. _ China declares she will not cede or lease any portion of. 18 8,§ 2 106 Fn-kien 26 181 Contract with French for reorgan- 59 11 406 ization of naval arsenal at Foo- chow, in. Mines in, to be worked by French. 59 11 406 Agreements for mining and for loan 60 407 in. Bureau of Mines of, established; its duties. 60 410 Fang Chnen (or Feng- On West Eiver, made port of call.. 18 10 112 ch'nan). Germany. .- Chinese Government t/i submit nr- 8 1 45 dinances concerning Kiao-chou ± Bay zone to. ALPHABETICAL INDEX — CHINA. 495 \ Name. Subject. Nran- berof docu- ment. Article. Germany . Glass works Gold Governor Grain ■ Guarantees - Gnards Haiknan tael Hai-nan, Island of. . . Hang-chow ( Province of Che-kiang). Hankow Han-yang . Hei-lnngchiang. Rights acquired by, at Kiao-chou.. May exchange Kiao-chou for more suitable place. To protect Chinese inhabitants Secures rights for railways in Shan- tung. State's intentions as to railways and mining in Shan-tung. Manufacturers and merchants of, to' have preferential treatment in Shan-tung. Pledges herself to maintenance of policy of ' ' open door ' ' and integ- rity of China. Great Britain declares she will not injure or contest Germany's rights or interests in Shan-tung. Asked to make declaration in favor of "open-door" policy. Declares acceptance of ' 'open-door' ' policy advocated by United States, Subjects of, may have rights of Deutsch-Asiatische Bank in Tientsin-Chinkiang Railroad transferred to them. To be established in Shansi. . -• Mines in Ssu-ch'uan Russian official administering Port Arthur and leased territory shall not be entitled governor-general or. Grain and pulse of every kind not to be exported from China. To be given by China for payment Boxet indemnities. For legations at Peking, right to be conceded to Powers to maintam. Customs duties to be calculated on basis of. China declares she will not cede or Ho-k'on (in Province of Yiin-nan), Opened as treaty port Steam navigation for Japanese ves- sels from Shanghai to. Japanese settlement at Bailwav from Su-chow to - - - - Japanese may have special settle- ment at. Peking Railway. {See Lu-Han Cantoii JElailway. {See Yiieh-Han R. R.). , , Products of Government works at, exempt from excise tax. Iron Works' products to be used when satisfactory on Chinkiang- Tientsin R. R. . Evacuation of Provmce ot, oy Russian troops. ., ^ j Opened to Franco- Annamite trade instead of Man-hao. 14 25 28 28 51 41 50 1,18 15 15 18 21 2 2 2 5 5 § 11, 1 2, §3,4 2,14 §1,2 6 34 29 13 5 4 11,14 § 6 § 7 Ann. A 6, § 1 6, § 2 Sup. 1 Sup." "3 18 51 17 3 46 47 47 48 48,49 49 62 180 186 188 361 312 349 51 8,§ 9 22 2 2 11, 114 64 64 115, 116 173 17 17 39 304(n) 39 225 246 109 360 100 ■ 22 496 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber of doou- ment. Article. ^ Page. Ho-k'ou (in Province of Ytin-nan. ) Ho -nan (Province of). Duties on Chinese goods in transit through. Duties on Chinese exports from 3 3 43 43 59 '12 12 39 42 42 46 45 46 46 51 51 6 11 13 16 16 '6 20 20 18 42 6 59 50 4,§ 1 4, §2 22 22 320 Branch railway lines for mining in. French concessions in 17 323 402,403 58 Honerkons' Extension of territory agreed to Eights ceded and reserved by China in territory leased to. Party in British Syndicate in Shang- hai-Nanking K. R. contracts. Represents British Syndicate in loan agreement for Peking- Niuchwang R. R. All receipts and earnings of Peking- Niuchwang R. R.- to be depos- ited with, during currency of loan to R. R. For itself, and as agent for other parties, signs agreement to oper- ate Nan P'iao coal mines. For itself and for British and Chinese Corporation signs final agreement for loan to North China E. E. Issue of loan to North ChinaR. R. by. Party to agreement for loan and construction, railway from Tien- tsin to Chinkiang. May transfer its rights in Tientsin- Chinkiang E. R to British only. Japanese right to build, in China . . France may build, at On-pu Great Britain may build, at Wei- hai Wei. * Great Brita,in and Japan to prevent other Powers joining in, in case either are at war to defend in- terests in China or Korea. Great Britain and Japan to join in, in ca?e other Powers join enemy of either in war to defend inter- ests in China or Korea. Japanese right to rent or purchase, in China. Americans have right to rent or purchase houses, places of busi- ness, of other buildings within suitable localities at all localities open to trade, etc. Missionary societies may rent or lease, for missionary purposes throughout Empire. On West Eiver, made port of call. . Eailway line from Chung-hou-so to. (See Sin-min-ting.) Portofcall 58 Hongkong and Shang- hai Banking Cor- poration. 281 317 3 8 318 334 328 332 9-17 335-337 355 Hospitals 31 4 8 § 3 2 3 4 3 14 10 362 32 Hostilities 57 60 97 Honses 98 31 Howlik(orHou-li).. Hsin (or Sin) Ming- 137 144 112 317 ting (or tun.) Hn-kow 5 32 Hn-peh ( Province of) . French concessions in 402, 403 Hna-Yi Company Established for mining in Ssti- ch'uan. 1 348 ALPHABETICAL INDEX — CHINA. 497 Hua-Ti Company. Hni-chow Hni-Tuug Company I-chang . Makes agreement for mining in Ssil- ch'uan with Chinese and foreign capital. To collect rent from mines worked by Hui-Tung Company. To deal exclusively with all matters of negotiation. To pay rent for Government lands (see aho Compagnie d'Orient). See Waichow. Makes agreement with Hua- Yi Com- pany for mining in Ssii-ch'uan. Has foreign merchants in it. . , To supermtend and work mines exclusively. To have Chinese manager and a foreign one for each work. To pay Mining Bureau monthly for each mine opened. Expenses, division of 'profits, etc.. Accounts to be kept by To have control of each mine opened for fifty years. Reversion to Chinese Government. Machinery, material, and supplies purchased, to pay on importation full duty and transit duty. Not to grant aid to enemy in case of war. Navigation by steamers from, to Chung-king to be improved. : Appliances for hauling steamers ' from, to Chung-king. I-chon Fn Railway line from Tsi-nan Fu to Tsin-tao, to be built by Shantung R. R. Co. Promise good to 190». Import duties To be paid at Ssfl-mao on goods from Annam. On Chinese goods imported into China from Chinese open port through Annam. On foreign goods, to be made 5 per cent effective. Drawback certificates valid tender for payment of. Surtax on foreign goods, amount of, brought into China across land Frontier, same as by sea Rebate of, on raw cotton imported. Surtax on foreign goods imported by Americans, amount of, condi- tions. Refund of, on yarn and cloth of Chinese-grown cotton imported. Payable on machinery, materials, and supphes for mining. Most-favored-nation treatment as to, agreed to between Mexico and China. 50 50 5 349 50 11 351 60 8 412 50 348 50 50 2 11 348 351 50 11 351 50 14 352 50 50 50 15 16,17 18 352 352 352 50 50 18 19 52 3 3 15 18 18 18 18 20 20 40 77 22 23 5 2 § 10 3 4,§ 3 6 (e 3) 1 8,§ 2 8,§ 2 8,§ 9 4 348 353 353 104 122 367 22 23 71 103 106 106 109 138 139 306 471 27938—04- -32 498 ALPHABETICAL INDEX CHINA. Name. Subject. Nu-n- berof docu- ment. Article. Page. Indemnity Independence . Inhabitants Inland waters. China pays Japan. Mode of pay- ment. Interest. Payments by anticipation. Wei-hai Wei to be held by Japan as guarantee for payment of. To Japan for retrocession of K6ng- tien. To governments, societies, compa- nies, and individuals who suf- fered by Boxer uprising of 1900. China agrees to pay 450 millions haikuan taels to Powers. For Boxer disturbances, how cal- culated. Interest and amortization of Boxer. Service of Boxer, debt Eevenues assigned as security by China for payment of Boxer. Korean, recognized by China Siamese; France, and Great Britain reserve liberty of action to uphold. Korean, recognized by Great Britain and Japan. Of China and Korea; France and Russia declare this the basis of their policy. On territory ceded by China to Ja- pan may be considered Japanese after two years. On territory retroceded by Japan to China not to be molested. On Kiao-chou territory leased to Germany. Chinese, within territory leased to Eussia at and around Port Ar- thur. Of city of Kin-chou, limits of rights . . Chinese, in territory leased to France at Kuang-chou-wan. Chinese, in territory leased to Great Britain to extend Hongkong. Chinese, in Kowloon extension not to be expropriated or expelled. Land to be bought at fair price. Chinese, at Wei-hai Wei, not to be expropriated or expelled. Land to be bought at fair price. Navigation by Japanese vessels ex- tended. Rules and regulations for naviga- tion of, to be applied to Japanese vessels. jSTavigation of, rules and regula- tions amended. Steam navigation, additional rules for. Launches may not cross dams and weirs when navigating. Transfer to Chinese flag of British steamer for navigation of, not to be hindered. 2 4 15 15 15 15 15 15 2 5 16 30 10 11 12 12 13 2 2 18 18 19 18' 19 18 19 2 § 6 6 6 (a) § 1 6 § 2 6 § 3 4 10 Ann. C Ann. 1 Ann. C 4 Ann. 1 4 Ann. C 5 .\nn. 1 5 ,15,16 18 26 64 69 70 70 70 14 28 97 203 16 26 47 51 54 56 ■ 58 58 61 17 17 112 118-120 126-128 119 127 119 127 ALPHABETICAL INDEX CHINA. 499 Q Num- Name. Subject. ber of docu- ment. Article. Page. Inland waters To be opened to steam navigation r 18 \19 Ann. C 7 120 gradually. Ann. 1 7 127 Navigation of, open to all Japanese 19 3 122 steamers. Dues and duties for, appointment 19 Ann. 4 5 130-131 of officer for collection of, to be made. Navigation of, open to Americans . . 20 12 143 Regulations for navigation of, may 20 12 143 be amended at request of U. S. Navigation of. Trade on Yangtze River. See Navigation. 44 324 InapectoT-Oeneral Of Maritime Customs, to be a British subject. 23 176 Integrity Of China, policy of Great Britain and Germany to maintain. 14 § 2 62 Of China, in case any Power seeks 14 § 3 62 to impair, Germany and Great Britain to take action. Of China; Great Britain and Ger- 14 § 4 62 many to ask Powers accept their principles concerning. Interest. China to guarantee payment of, on 15 § 6 64 Boxer indemnities. At 4 per cent, and reimbursement 15 6 (a) 70 in 39 years, for Boxer indemnity. On Boxer indemnity, when paya- ble. See Railway. 15 6 (a) 70 Internal taxation See Likin. Intervention. In China and Korea; Great Britain and Japan recognize each other's 16 1 97 right to. Investigation Into illegal taxing or obstructions by native custom-houses. 18 8 § 11 110 Investors ... --. Chinese, in non-Chinese enterprises. Equalitv of treatment of Chinese, in 18 18 4 4 103 *** ■ ^^h« Vft'* »^«— —••■-— — *- — 103 joint-stock companies. British, in Chinese companies 18 4 104 See Mining and Regulations. T-nanfir _ _ _ . . Route from, to Ssii-maoandP'u-erh open to trade; 3 3 22 X {tUllg - Iron .__.__...--.---- Government iron works at Ta Yeh, products of, exempt from excise tax. Mines in certain sections of Shan-si leased to Peking Syndicate. 18 8 § 9 109 40 305 Mines along line of North China 42 2 307 R. R. reserved to company. Mines in Sstt-ch'uan conceded to 59 7,8 404 French companies. Irrawaddy Chinese vessels on, treated as 1 12 11 British. Islands _.--.-.--- Around territory leased to Russia in Liao-tung Peninsula, included lo- 1 53 A0ACj,AAAi»i« ■*•*-- — • — — — -™ — .- IVr^i rHpT of .__■...---.-- 15 § 1 63 Expiatory mission to be sent to 15 § 4 (la) 64 Berlin to express regrets of Em- X peror of China for murder of. Monument to, to be erected on 15 § 4 (lb) 64 spot of murder of. 502 ALPHABETICAL INDEX CHINA. Name. Subject. Num- ber of docu- ment. Article. Page. Ketteler, Baron von . . Expiatory mission to Berlin, on ac- count of, sent. Monument to, erected 15 15 1 7 7 59 59 8 8 8 8 8 8 8 8 52 52 10 10 17 1 7 7 7 18 2 16 16 16 16 16 1(a) 1 (6) 5 67 67 Eiang Hung, State of. Ceded to China, conditions of ces- sion. Great Britain waives objection to alienation of part of, by China. China not to cede any portion of, without agreement with Great Britain. Eailway from, to Hus6 conceded to French syndicate. French concessions in 9 40 • • Kiang-nan 5 6 5 1 2 3 4 5 5 5 §11,1 §9 § 11 4 4 2 3 Spec. art. Spec. art. Spec. art. / 8, § 12 i 10 1 1 1 1 1 1 42 403 Kiang-su (FroTinceof) Kiao-chon .. 403 Zone of 50 kilometers round bay of, free for passage German troops. Bay of , leased to Germany f or n inety- nine years. Limits of territory leased at Navigation signals at, to be con- structed by Germany. Return by Germany of leased terri- tory at, compensation for. Not to be sublet by Germany Customs stations in zone leased at. . Eailways from, to boundary of Shan- tung Province and to the Tsi-nan Fu. The Imperial Government of, to cede necessary lands to Shan-tung E. E. Co. Eailway company to pay annual con- tribution for harbor works and expenses of protectorate. See Shan-tung and Shan-tung Ewy. Co. To be under Chinese administra- tion, but with Eussian garrison. Eights of inhabitants of 45 Kin-chou (City of) ... 46 46 47 47 47 47 47-48 367 368 54 54 Kirin Evacuation of Province of, by Eus- sian forces. See Hai-nan. Ceded to China by Great Britain . . Port of call on West Eiver Opened as treaty port 100 Eiung-chou Sokang, State of 8 44 Eong-knn market (Province of Enang- Eougmoon (Province of Enang-tnng). 44 Made a port of call 44 To be opened as treaty port Independence of, recognized by China. Independence of, recognized by Great Britain and Japan. Interests of Japan in 110 112 14 97 97 Great Britain and Japan may take steps to safeguard interests in. Intervention in, by Great Britain or Japan. 97 97 97 ALPHABETICAL INDEX CHINA. 503 Name. Subject. Num- ber ol docu. ment. Article. Page. Korea Kowloon . Enachao Euang-chon wan. Enang-si (Froviuce of). Euang-tung (Prov- ince of). Euei-chon (Province of). Eulow (or En-lao).- Ennlong - - Land Great Britain and Japan not to enter into separate arrangement to the prejudice of each other's interests in. Great Britain and Japan to confer when interests of either in, are in jeopardy. Independence of China and, basis of policy of France and Russia. Treaty of commerce with China to retain j urisdiction in city of . Landing place at, for sole use of Chinese. Railway from, to be discussed Canton R. B, See Chinkiang. Leased to France for ninety-nine years. Limits of territory leased by France at. Made a free port Administration of leased territory at Bight to fortify, garrison, etc Railway to be built from, to west coast of Lei-chow. Rental for, to be paid by France. . . French aid may be asked by China for mining in. China repeats willingness ask for French aid for mining in. French aid may be asked by China for mining in. China rejjeats willingness ask French aid for mining in. Junk-borne goods from Hongkong to treaty ports in; no preferen- tial treatment as to duties. French railway lines in Mines in certain prefectures of, conceded to France. Mining rights in, conceded to French company. On West River, made port of call. . Ceded to Great Britain by China . . Whole of, belongs to Great Britain. Japanese right to lease or rent, m China. In Kowloon extension to be ac- quired only by purchase. At Wei-hai Wei to be acquired only by purchase. Americans' right to lease or rent, in China. Missionary societies may rent or lease, aa property of societies, throughout Empire. Title deeds. Acquired by Chinese Eastern Rail- way; rights on, exemption from taxation. See Mining and Railway. 16 16 16 30 69 12 12 12 11 36 11. 11 11 11 11 36 3 18 59 59 59 18 1 7 6 12 13 20 20 32 3,5 4 7 10 10 10 3 3 4 § 1 3 14 6 98 98 203 434 58 58 58 304(n) 55 250 55 55 56 56 57 250 23 24 23 24 103 406 406 404 112 8 41 32 58 61 137 144 213 504 ALPHABETICAL INDEX CHINA. Name. Laud tax . Laokay . . Leased territory. Legations . Likiu. Subject. To be paid by Shanghai-Nanking R. R. Payable on mining lands Railway from, to Yiin-nan Hsien conceded French company. Abstract of convention between French Government and syndi- cate for building railway from, to capital of YiJn-nan. By Great Britain from China; tract south of Namwan River. Per- petual lease. Amount of rent. By Germany at Kiao-chou Bay Return of, at Kiao-chou by Ger- many, compensation, new place. By Russia, at Port Arthur, Talien- wan and adjacent w^aters. At Port Arthur, term of lease Rights of Russia within, at Port Arthur. Chinese inhabitants may remain in Port Arthur and adjacent. Neutral strip north of, at Port Arthur. In Liao-tung Peninsula, includes adjacent islands and waters. By Great Britain, to extend terri- tory of Hongkong. By Great Britain at Wei-hai Wei, for as long as Port Arthur is oc- cupied by Russia. At Peking, attacked and besieged.. Guards at, right of Powers to have, demanded. Quarter for, at Peking may be for- tified. Limits of quarter for, at Peking On withdrawal guards of, and of foreign troops in Chih-li, Peking to be opened to international residence and trade. None to be charged on foreign goods transported from one open port to another. And duties combined on junk- borne goods to be equal to those on steamer-borne goods. China recognizes that it is injurious to^ trade; agrees to- discard it within certain limitations. Barriers to be abolished on all roads, railways, and waterways in China. Exceptions. Increased import duty on foreign goods in lieu of. On salt abolished Compensations granted China for abolition of. Barriers and taxation to cease Jan. 1, 1904, if all Powers accept terms of British treaty. Num- ber of docu- ment. 39 56 59 59 10 12 13 15 15 15 15 19 6 18 18 18 18 18 18 18 Article. Page. 7 12 § 2 § 7 § 7 7 10 10 3 8 8, §1 8, §2 8, §8,9 8, § 13, 14 295 381 404 405 42 46 47 50 50 51 51 51 53 58 60 63 64 64 71 125 33 103 105 106 106 108 108-109 110-111 ALPHABETICAL INDEX CHINA. 505 Name. Subject. Num- ber of docu- ment. Article. Page. Likin . Liao-tTing Feninsnla. . Libelous Light-honse dues. Loan When abolition of, has been de- cided upon and sanctioned, im- perial edict to issue. Allocation to provinces of portion surtaxes, as compensation for loss of. Complete abolition of, prerequisite to Japan paying surtax agreed to by all treaty Powers. Complete abolition of system, agreed to with United States. OflEices to be abolished throughout China. Amount of surtax on foreign im- ports to release from all. On freight borne by the Canton- Hankow E. R. On freight or passengers on Shang- hai-Nanking R. R. Not to be levied on output of mines after payment of export duties. On merchandise and live stock on Tientsin-Chinkiang R. R. Payable on all articles for or from mines in Fu-kien. Not leviable on machinery and ma- terials for mines in Fu-kien. Railway may be extended to point on seacoast of. Boundary of territory leased to Russia in. Ports east and west of neutral zone in, not to be opened to trade. Publications, Chinese or Japanese, author, proprietor, or sellei- of any, in China not protected through copyright from prosecu- tion. France may levy, at Kuang-chou- wan. Interest and amortization of, for Boxer indemnities. For building Peking-Hankow R. R For building Canton-Hankow R. R. For building Shanghai-Nanking R. R. For mining purposes in Shan-si. . . For building Chengting-Taiyuan R. R. To Peking-Newchwang E. R For mining purposes in Ho-nan. . . For Shan-hai-kuan-Newchwang R. R Regulations concerning, for mining and railway purposes. Contracts for foreign, for mining or railways must have imperial sanction. Foreign, for mining or railway pur- poses. 18 20 18 19 20 20 20 37 39 50 51 60 60 10 10 19 20 11 15 84 37 39 40 41 42 46 43 46 47 47 48 8 §16 4 Ann. B. 4 4 4 14 14 6 21 6 19 8 1 5 5 11 5 § 6 .... 2 111 140 116-118 121 137 138 138 272 299 350 360 412 415 52 53 54 1,14 123 143 56 64 225 252 287 305 313 317 332. 320-322 332 338 339 10, 11, 12 342 506 ALPHABETICAL INDEX CHINA. Name, Subject. Num- ber of docu- ment. Article. Page. Loan ... -- For construction railway from Tientsin to Chinkiang. For railway construction purposes, when and how permitted Chinese. For building railway from Kai-f6ng Fu to Ho-nan Fu. For working mines in Fu-kien Mexicans and Chinese exempt in each other's country from forced, etc. See Vessels.' See Production tax. On Yangtze, made a port of call Open to trade between Annam and China. Port of call 51 57 58 60 77 18 3 6 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 355 10,11 385 389 410 Iiorchas 10 10 3 5 471 Lo-ti-shui Lo Ting Han (or Lo- ting k'on). Lo-so River 112 • 22 Lu-ohi-kow ■ 32 Ln-Han Railway Provisional contract for loan for building of. Line to run from Lu-kou-chiao to Hankow. Concession of, to Chinese Eailway Co. Loan made with Belgian Co. for . . . Interest on loan 225 1 1 2 3 4 5 6 7 8 9,10 11, 12, 13 14 15 225 225 225 226 Eefunding of loan. Annual pay- ments. Guarantee 226 226 Term in which work is to be finished . State of war may not delay building. Choice of chief engineer; duties Foreign and native staff, duties, control. Materials for, how and where to be purchased. Contract can not be transferred by Belgian company. Extension of time for paying off loan. Additional protocol to loan contract for building. Preliminary studies for building Belgian company waives right to premium. Increase of rate of interest 226 226 226 227 228 229 229 230 1 2. 3 4 5 231 231 231 Payments on account of loan, where made. Guarantee 232 232 Loan contract 232 Imperial edict granting concession for. Amount of loan, bonds, issue, re- funding interest on, guarantee, commission, etc. Amount of loan purchased by Bel- gian company. Construction of road, surveys, etc., line to be built in 3 years. Option on bonds to Belgian com- pany. Survey of line, first sections to be built. 1 2^16 17 19 21,22 23 233 233-237 237 238 238 240 ALPHABETICAL INDEX CHINA. 507 Name. Lu-Han Bailvay . Ln-kon-chiao . Subject. Lnkow . Ink Pu (or Lu-pu)... Ink To (orLn-tu) ... Lung-Chon (Province of Knang-si) . Machinery Num- ber of docu- ment. Public subscription to bonds Materials, from whom to be bought; free of duty. Violation of contract, when com- pany not bound. Controversies; arbitration Guarantee for execution of contract. Chinese Government to certify title Operating contract for To ^e operated by tlie Soei6t6 d' Etude de Chemins de fer en Chine. Transportation of Chinese troops, munitions, etc. Eeserve fund for service of loan Duration of operating contract 20 per cent of net profits to go to operating company. Contentions and disagreements, ar- bitration. Chinese Eailway Co. guarantees operating expenses. Materials and supplies free of duty. Letter concerning arbitration Letter concerning preferential ri^ht of Belgian company to build Hankow-Canton E. E. Declaration of Chinese Government denying said preferential right. Preferential right of American com- pany to Lu-Han contract. Branch lines of, to Kai-ftog Fu and to Ho-nan Fu to start from point where it crosses Yellow Elver. Eailway from, to Hankow {see Lu- Han Ewy. ). Eailway from, to Ping-hsiang coal mines. On West Eiver, made port of call. . On West River, made port of call. . Opened to Franco- Annamite trade . Duties on Chinese goods in transit through. Duties on Chinese exports from Eailway from, may be prolonged to- ward Nan-ning and Pe-se. Mining and railway questions at, not to be invoked as precedents. Eight to import All products of foreign type made by, to pay excise tax. Chinese yarn and cloth made by, exempt from all duties and taxes after paying excise. All products of foreign type made by, to be treated alike. Materials and supplies formining,to pay import and transit duties. And materials for Nan P'iao coal mines to pay import and transit duties. Article. 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 37 58 34 37 18 18 4 3 3 3 48 2 18 18 20 f 40 1 43 45 24 25 25 26 27 28 25 10 10 2 4 § 1 4 § 2 6 § 4 8 § 9 8 § 9 Page. 240 240 241 241 241 241 242 243 243 244 244 244 244 245 245 246 246 ■247 257 387 225 276 112 112 22 22 22 24 340 17 109 109 139 306 321 330 508 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber oJ docu- ment. Article. Page. Mah Ning (or Ma- ning). Mails On West River, made port of call . . 18 10 112' Chinese Government, to be carried free on Chinese Eastern Rwj^. 32 11 214 Russian, and parcelsposton Chinese 33 § 3 (h) 216 Eastern Rwy. Of Imperial post-office to be car- ried by all lines. 57 23 388 Manchuria Russia agrees to re-establishment 17 1 99 of Chinese authority in. Recognizes it as integral part of 17 1 99 Chinese Empire. China to insure safety of all Rus- 17 2 99 sian subjects and their interestsin. Evacuation of, by Russian forces. . . 17 2 100 Number and disposition of Chinese 17 3 100 troops in. Police guard in, to be organized 17 3 100 Mining and railway questions in,not 48 3 340 to be invoked as precedents. Manchurian Bailway May extend line to Talienwan and 9 8 51 Co. seacoast of Liao-tung. And Chinese minister at St. Peters- 9 8 52 burg to arrange details for exten- sion. China reaffirms contract with 17 2 99 Branch lines from, through region • traversed by Chinese line termi- 27 184 nating at Sin-min-ting and New- chwang; Russia may ask conces- sion for. See Chinese Eastern Rwy. Mangliiii Belongs to Great Britain {J 3 3 8 Man-hao (Province of Ceases to be treaty port. Replaced 3 2 41 22 Yiin-nan). by Ho-k'ou. Manufactures By Japanese in China, subject only to same taxes, charges, etc., as merchandise imported by them into China. 2 e,§4 17 Japan concedes right to China to 6 Sup. 3 39 tax Japanese manufactures in China like Chinese. All, of foreign type turned out by 18 8,§ 9 109 machinery, subject to excise tax. Of morphia, to be prevented in China. Japanese free to engage in, in open 18 11 113 Manufacturing indus- 2 6,§ 4 17 tries. cities, towns, and ports. Americans free to engage in, in all ports or localities in China open, 20 3 137 or which may be opened. Manwyne Trade between China and Burmah 1 9 10 to pass through. Great Britain to appoint consul at . 1 13 11 Instead of, Great Britain may 7 13 43 have consuls at Momein or Shun- ning Fu. Maritime Customs Balance of revenues of, pledged as security Boxer indemnity bonds. 15 6 (e) 70 Native custom-houses may be es- 18 8,« 3 106 tablished where there are. ALPHABETICAL INDEX CHINA 509 Name. Subject. Num- ber of docu- ment. Article. Page. Maritime Customs Kekoug Biver . Mengko . Heng Ting Meug-tse ( in Province of Ttin-nau). Mengtnng nezico Military service Mines Excise tax to be collected through. To supervise native custom-houses. To retain, subject to order of prov- inces, surtax allocated to them in lieu of likin. To draw up regulations for use of appliances for hauling steamers in Yangtze rapids. , Native custom-houses to be kept wherever former exist or are established. Inspector-general of, to be British while British trade preponder- ates. ©pen to trade between Annam and China. To be limit of possessions or spheres of influence of France and Great Britain from Nam Huok to Chi- nese frontier. Police in islands where river forms bpundary' between French and British. Burmah-China frontier between the Shweli and the. Tsawbwaship of, belongs to China . Whole of, belongs to China Belongs to China Opened to Franco- Annam ite trade . Duties on Chinese goods in transit through. Duties on Chinese exports from Tsawbwaship of, belongs to China. . Treaty of friendship,commerce,and navigation with China. Compulsory, Mexicans and Chinese in each other's country, exempt from. Bureau of Control of, established. . . Of coal along line of Canton-Han- kow B. R. to be worked by op- erating company. Of coal, iron, in Shan-si Of coal and iron in Shan-si, near Chengting-Taiyuan B. R. Around Huai-ching and in hill country in Honan, north of Yel- low River. Private, within area leased Coal, at Nan P'iaoand vicinity ... Regulations for General Administration for, its du- ties. .,/-,,. Control of all, to remam with Chi- nese. Royalty to Government on output of. . a VI Regulations for working m Ssu- ch'uan. Boyalties on mines in Ssii-ch uan. 18 18 18 19 20 23 3 5 1 7 1 7 3 3 3 1 7 77 77 35 37 40 41 43 8,§ 10 Ann. B 3 3 3 3 2 4,§ 1 4,§ 2 3 3 10 13 109 109 118 122 138 176 22 29 29 41^2 8 41 8 41 22 22 22 8 41 468 471 249 258 305 312 320 43 '15 16 322 3?!8 48 340 48 340 48 13 343 48 20 344 50 348 50 5,6 349 510 ALPHABETICAL INDEX— CHINA. Name, Mines Mining Subject. Export duties on output to be collected. Likin on output not to be levied. . Explanatory and additional regula- tions for. Concession of French in various parts of China. In Fu-kien Province, agreement concerning. See Mining; Regulations. Encouragement to, in Yvin-nan French aid niay be asked for by China in Yiin-nan, Kuang-si, and Kuang-tung. By Germans along railway lines in Shan-tung. Intentions of Germany as to mining in Shan-tung. Not to be allowed in neutral zone north of Port Arthur, etc. China agrees to encourage! Num- ber of docu- ment. New regulations for, to be prepared- Regulations for Americans residing in interior for. On land of Chinese Eastern Railway . In the Province of Shan-si Taxes on, in Shan-si Machinery, materials, and supplies for, to pay import and transit duties. Produce to pay customs tariff duties on exportation. School to be established in Shan-si. Rights to be asked for along Peking- Newchwang R. R. to attract sub- scribers to loan. Regulations for, in Ho-nan agreed to by Peking Syndicate. Loan for, in Ho-nan Staff of each mine Prospecting; crops; cemeteries; Taxes on cost of extracting output; royalty to Chinese Government; other taxes. Machinery, materials, and supplies • imported for Ho-nan mines to pay tariff and transit duties.. School of, to be established in Ho-nan. Branch railway lines for, in Ho-nan . Annual accounts Agreement for operation of Nan P'iao coal mines. Capital for Nan P'iao coal Royalty and taxes on, at Nan P'ido. Machinery and material for, at Nan P'iao, on importation, to pay tariff duties and transit. 50 50 54 59 60 10 Article. Page. 40 40 42 43 43 43 43 43 43 43 43 43 45 45 45 45 12 5 2, § 4 2, § 4 5 13 5 13 17 18 350 350 372 402 407 11 23 48 49 54 III 141 111 141 141 213 305 306 306 306 307 318 320 320 320 321 321 321 322 323 323 328 329 329 330 ALPHABETICAL INDEX CHINA. 511 Name. Subject. Num- ber of docu- ment. Article Page. Kming Freight rates of coal of Nan P'iao over North China R. R. Roads, bridges, branch railway lines for, purposes. Regulations concerning foreign loans for. In Manchuria, Shan-tung, and Lung- chou not to serve as precedents. Concession may be made a mo- nopoly. Bureau of Ssii-ch'uan; its relations with the Hui Tung Mining Co. Purchase of land for; price Prospecting for; damages, etc Explanatory and additional regu- lations for mines and. Concessions for, to be for specified localities; check to monopoliz- ing. Chinese capital must be equal to foreign in companies for. Management to be Chinese Foreign co-operation only allowed after permission granted. Concessions void if not worked in ten months. 45 45 47 48 48 50 50 50 54 54 54 54 54 54 56 56 56 56 56 56 56 56 56 56 56 56 56 56 56 56 56 56 56 56 56 60 9 13 330 330 338 3 19 7 9 340 344 348 350 350 372 373 373 373 374 374 380 Permission of Foreign Office to be asked. Permit to be issued by Bureau of Mines. Concessions for, not transferable . . . Purchase of land needed for ...... . Chinese sovereignty over concessions Taxes on various products of Work to begin within twelve months 1 2 3 4 5 6 7 8 9 10 10 11 12 13 15 15 15 16 17 18 380 380 380 380 380 381 381 381 ftpTiools - _...._-.- -.- 381 Import duties; no likin on foreign materials and machinery for. FreetransitpassesforChinese-made materials for, purposes. Provincial and local authorities to give protection. Land tax payable on mining lands. Purchase of private lands for Chinese police for guarding, prop- erty. Foreigners to have charge of ma- chinery and accounts. Compensation to workmen for accidents. Chinese mining students and pros- pectors to be encouraged. Government not responsible for losses in. Royalty of 25 per cent on net profit to be paid Government. In Fu-kien Province, agreement concerning. See Compagnie d' Orient. 381 381 381 381 381 382 382 382 382 382 382 407 512 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. MirsBay Included in area leased to Great Britain. Vessels of war of China may use . . . By China to Berlin to express re- grets for murder of German minister. To Berlin, sent ■ 12 12 15 15 15 18 20 20 61 59 59 Mission §4 (a) IH 13 14 14 64 67 UisBionaries ,- By China to Japan to express re- grets for murder of chancellor of Japanese legation, sent. Question of, in China; Great Britain will join in international com- mission to study it. Must not interfere with exercise by native officials of jurisdiction over converts. Societies may rent or lease in per- petuity, as property of societies, in all parts of Empire. Local officials responsible for safety of. See Roman Catholic missionaries. Trial of, involving Japanese and Chinese. Trial of, involving Mexicans and Chinese. Great Britain may station consul at. British subjects and prot^g^s may reside and trade at. Whole of, belongs to China See Mengko. Eoadfrom, to Ssii-maoand P'u-erh, open to trade. None to be granted by China for boats, porters, or coolies. Mining and railway concessions may be made a. Commemorative, to be erected at Peking on place of murder of Ger- man minister. Expiatory, to be erected in dese- crated cemeteries. Commemorative, to murdered Ger- man minister erected. ' Expiatory, in desecrated cemeteries, sums paid by China for. General importation of into China prohibited; special permits. China to prevent manufacture of . . . United States agrees to prohibition of importation into China of, and instruments for injection of; man- ufacture of, in China to be pre- vented. Treatment insured between Burma and China for overland trade. Limited to certain localities Concessions to be mutual 68 113 143 144 417 Mixed cases 6 77 7 7 7 3 6 48 15 15 15 16 18 18 20 1 1 1 2 21-22 14,15 13 13 3 3 8 19 § 4 (6) § 4 (4) 1 (6) 4 11 11 16 17 18 18 6 36 Momein 473,474 43 Mong-ka _ . 43 41 Mong-lS .. 22 Monopoly Monument - . 33 344 64 Morphia 64 67 69 112 Host favored nation . . 113 145 12 12 12 Accorded Japan pending conclusion of treaty of commerce and naviga- tion. 16 ALPHABETICAL INDEX CHINA. 513 Subjbct. Host favored nation . Knkden. Knnglem Num- ber of docu- ment. Unnicipai Unnitions of war. Japanese subjects in China to enjoy. Japanese trade -with China to enjoy. Treatment as regards tonnage dues in Chinese open ports given Jap- anese vessels. Japan and Japanese to enjoy, in China. Treatment in China; likin to cease when all nations enjoying, shall accept provisions Art. VIII, Brit- ish treaty 1902. Treatment as to prohibition impor- tation of morphia insured to Great Britain. Treatment as to tariff insured to Great Britain. Treatment for Japanese commerce, rights, and privileges. 'treatment guaranteed Japanese Government, oflScers, subjects, commerce, navigation, shipping, etc. Americans to enjoy for diplomatic and consular officers and citizens. Treatment as to duties insured to United States. Treatment as to navigation of in- land waters insured to United States. Treatment agreed to by treaty be- tween China and Congo Free State. Treatment %reed to between Mex- ico and China. Treatment not to be invoked in case of special advantages granted , without compliance conditions imposed. Treatment for Mexican and Chinese merchant vessels. Evacuation of Province of, by Rus- sian force§. City of, opened as treaty port Kesidence of foreigners at Russia may establish a resident at. . Belongs to China -;,-:-".■ ■ Condition of cession by GreatBritam Belongs to China _ - - - China not to cede any portion of. . . Regulations at new open ports Trade in, across China-Burmah frontier. Importation into China to be pro- hibited. _ , ^ Of Russia, on Chinese Eastern Rwy. Of China, on Chinese Eastern Rwy. Of China, on Lu-Han R. B . . ... . - ■ Of China, on Canton-Hankow K. K. Article. 6 18 18 18 19 19 20 20 20 76 77 77 77 17 ri9 \ 20 / 19 \^ 20 29 1 1 7 f 18 \19 1 15 32 32 34 37 Page. 15 25 8, § 14 11 15 1 9 1,23 5 12 1 6 11 2 10 12 10 12 §'6 3 5 3 5 8,§ 12 10 10 § 5 11 3 13 31 33 35 37 111 113 114 122 124 136, 137 140 143 467 468" 470 472 100 125 143 125 144 201 42 42 110 125 10 64 213 214 243 256 27938—04 514 ALPHABETICAL INDEX — CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. Mnnitions of war Of China, on Shanghai-Nanking R. R. Of China, on Tientsin-Chinkiang E. R. Of Baron Von Ketteler 39 19 301 51 25 360 Unrder 15 15 § 1,4 § 3,4 2 63,64 Of Mr. Sugiyama 63,64 .41 Namwau Biver Tract south of, near Namkhai, be- 7 longs to China. Great Britain to hold, under perpet- 7 2 41 ual lease, the Chinese tract south of the. Nanking Contract for loan, building, and op- erating railway from Shanghai to. 39 281 made with British Syndicate. Nan P'iao Coal mining agreement Branch railway line to collieries of. 45 328 45 "4' 329 Royalty and taxes on coal mines of. 45 7 329 Freight rates over North China R. R. 45 9 330 for coal from. Price of coal from, supplied North 45 10 330 China R. R. Annual accounts; sharing of profits. 45 14 331 Native customs Revenues of, pledged as security for Boxer indemnity bonds. 15 6 (6 2) 70 Houses to be maintained on sea- 18 8,§ 1 106 board, waterways, open ports. land routes, and land frontier of China. List of, to be furnished British Gov- 18 8,§ 3 106 ernment. Houses may be established wherever 18 8,§ 3 106 there are maritime ones. Location of, in interior may be 18 8,§ 3 106 changed. To collect, export surtax on native 18 8,§ 3' 107 goods in transit. To issue certificate on native goods in transit after payment Of sur- tax. To collect half export duty on silk. 18 8,§ 3 107 18 8,§ 7 108 To allow cocoons to pass ffee of all 18 8,§ 7 108 taxation. Native goods brought by junk to 18 8,§ 8- 109 open ports to report to, and pay consumption tax. Supervision of, by Maritime Customs fl8 120 8,§ 10 4 109 139 Inyestigation of complaints against. fl8 120 8,§ 11 4 110 139 Stations on seaboard, land frontier. 20 4 138 and open ports to be kept open. At open ports, may be within rea- 20 Ann. 2 147 sonable distance of main office at port. Naval station At Port Arthur, leased to Russia. . . 9 1 50 At Kuang-chou- wan, leased to France 11 1 55 At Wei-hai Wei, leased to Great Britain. 13 60 Navigation Of upper Yangtze, open to Japa- nese steam vessels. 2 6,§2 17 Of upper Red River, to be improved 3 25 by China. ALPHABETICAL INDEX — CHINA. 515 Num- Name. Subject. ber of docu- ment. Article. Page. Nayigation Of West River from Samshui, \Vu- chou, Hongkong, and Canton, free. 7 Spec. art. 44 Signals for, at Kiao-chou 8 11 4 4 47 France to take measures to insure, 56 at Kuang-chou-wan. Improvement of, on the Peiho 15 11 (a) 72 Improvement of, on the Wangpoo. . 15 11 lb) 73 Artificial obstructions to, in Canton 18 5 104 River to be removed. Of upper Yangtze to be improved . . 18 5 104 Additional rules for inland steam. . . f 18 I 19 Ann. C Ann. 1 118-120 126-128 Of rapids of Yangtze to be facili- r 18 5 104 ta,ted by hauling appliances. \19 2 122 Of inland waters of China open to 19 3 122 all Japanese steamers. Of inland waters open on most- 20 12 143 favored-nation terms to United States. Dues; equality of treatment in French leased territory promised. 28 186 Inland, regulations for trade on Yangtze River. 44 324 Former regulations rescinded 44 1 324 Ports, stages, and passenger stations- 44 2 324 Three classes of vessels allowed 44 3 324 River passes for vessels 44 4,5 325 Cargo certificates for vessels on 44 8 325 Yangtze. See Inland waters. Neutral strip North of territory leased to Russia at Port Arthur. 9 5 51 Administration of, north of Port 9 5 51 Arthur to be by Chinese. Boundary line of, north of Port 10 2 53 Arthur. North of Port Arthur, etc., China 10 5 54 to make no concessions in. • Ports east and west of, to north of 10 5 54 Port Arthur, not to be opened to trade. Neutrality By Great Britain or Japan in case of one being at war for protection 16 2 97 dil V ** t** mjm^^ w J ■• ••*« B — a* of interests in China or Korea. Newchwang Manchurian Railway may be ex- tended to seacoast between Yalu 9 8 52 River and. Railroad bridge at, shall only be built after discussion by China 17 4,§ 3 101 and Russia. Railwav lines terminating at, and 27 184 at Sin-min-ting; Russia may ask for concessions for branch lines of its railway crossing there. Customs, appUcation of funds de- 29 201 rived from. Duties of the taotai of, under ar- 29 201 Nganking (in Prov- rangement with Russia. ATpflp n nnrf, of call - _.__.---. 6 .5 32 IVXdUC a> ^KJL u \JL \ja'±r _.-- — -- ince of An-hni). May be opened as treaty port 18 8, §12 110 516 ALPHABETICAL INDEX CHITSTA. Name. Subject. Num- ber of docu- ment. Article. Page. Non-alienation North China Bailway. Occupation . Officials . Of Munglem and Kiang Hung Great Britain waives objection to, of Kiang Hung. Of Kiang Hung by China, except after agreement with Great Brit- ain. Of Kiao-chou, by Germany , Of Hai-nan, declaration concerning. Of Yangtze region, declaration concerning. Of Chinese territory bordering on Tongking. Of Fu-kien, declaration concerning. To retain rights of mining coal and iron along line of. Redemption of existing loans on, by loan by British Syndicate. Signs agreement to operate Nan P'iao coal mines. Freight rates over, for coal of Nan P'iao. Price of fuel from Nan P'iao mines for use of. Final agreement with, for loan Troops of China on lines of, to be carried free. All receipts, earnings of, and pro- vincial subsidies to be paid to H-ongkong and Shanghai Bank, for service of loan, etc. European railway accountant to be in charge of all accounts of the, during currency of loan. Chinese troops and grain to be carried free on. See Shan-hai-kuan-Newchwans R. R. Right of military, between Peking and seacoast, demanded of China. By Powers, of Peking and prov- ince of Chih-li, when to cease. Points of, by Powers' forces be- tween Peking and seacoast. Chinese provincial and local to be held responsible for order in their respective jurisdictions. Posthumous rehabilitation of Chi- nese. Edict declaring provincial and local officials responsible for order. Provincial, to be held responsible for illegal taxing by. native cus- toms. Chinese, resident in Japan to have best treatment compatible with law. Local, responsible for safety for- eign merchants and missionaries. 21 22 24 26 42 42 45 45 45' 46 46 46 46 46 15 15 15 15 15 15 18 20 19 61 63 9 10 6 7 § 9 9 10 (6) 2 (6) 10 [d) § 11 4 9 40 42 47 173 174 178 181 317 317 328 330 330 332 334 334 334 334 65 65 72 65 68 72 110 139 125 417 423 ALPHABETICAL INDEX — CHINA. 517 Name. Officials Un-pn "Open4oor" Open porti Opium , Subject. Regulations for official intercourse of Roman Catholic missionaries with local. France* to build railway from Kuang-chou-wan to near. Improvements, etc., to be built at. Great Britain and Germany agree to maintain at open ports of China. Great Britain and Germany to ask Powers to accept their principles about. France declares willingness to ob- serve policy of, in territories in China leased by it. Terms of declaration concerning the, asked by United States of Powers. Germany accepts policy of, as ad- vocated by United States. Great Britain declares in favor of, policy in China. Italy adheres to United States policy of. Japan assents to United States pol- icy of. Russia declares in favor of policy advocated by United States. No, in Neutral Zone in Liao-tung Peninsula. Likin barriers to remain at Junk trade to, subject to same duty as steamer. Native goods brought by junks to . . Machine-made goods at, subject to excise. Uniform system of weights and measures to be put in use at. Peking to become a, on complete evacuation by all foreign troops. Ch'ang-sha, Mukden and, Ta-tung- kou made, by China. Bonded warehouses at Area in which native customs of- fices may be kept up. Russia will not seek preferential treatment as to customs duties at. See Treaty port. No trade in, allowed across Bur- mah-China frontier. Increased import duty on foreign goods not applicable to. Foreign, duty and likin on, not to be changed. British Government will not inter- fere with China's taxing of na- tive. Offi ces for collecting duties on native List of offices for collection of du- ties on native, to be given British Government. Num- ber of docu- ment. 64 n 11 14 14 28 28 28 28 28 28 28 10 18 18 18 18 19 19 19 20 20 28 18 18 18 18 18 Article. 7 ' 8 § 1 § 4 Ann. Page. 424 57 57 62 8,§ 1 8,§ 3 8,§ 8 8, §9 7 10 10 11 8,§ 2 8,§ 4 8,§5 62 185 . 186-187 188 191 194 195 198 54 106 107 109 109 124 125 125 140 147 198 11 106 107 107 8,§5 8,§ 5 107 107 518 ALPHABETICAL INDEX — CHINA. Name. Subject. •Num- ber of docu- ment. Article. Page. Japan agrees to same tax on native, as other treaty powers. Collection of inland dues on, not to interfere with provisions, of treaty. Importation of, into Korea prohib- ited. To be connected with West Biver by railway. All railway lines starting from, to be built by French. Railway from, to West River On Yangtze, made a port of call... Railway from Peking to, to form first section of Lu-Han R. R. (s«e Sin-yang). See. Vessels. Chinese organizing a, jointly with Japanese, liability of. For travel between China and Bur- mah. Japanese to carry them in China; treatment when not supplied with. Foreign passengers on Chinese Eastern Railway to have Chinese. 19 20 69 38 38 59 18 34 19 1 6 32 77 77 20 16 15 15 19 19 42 42 42 42 42 42 42 46 1 Ann. 1 9 122 Fakb-oi 146 439 280 280 Pak Tan Han (or Pai- t'u k'ou). Pao-tin^ Pu- 10 10 19 4 14 6 9 IV IV 10 3 6(e3^ 11(a) 10 Ann. 6-7 406 112 238 Papicos 122 11 32 213 469 Patents For Chinese traveling in Mexico . . Protection of American; certificates of protection.' Great Britain and Japan in case of conducting war in common to make peace in mutual agreement. Bed of, to be improved China agrees to continue work for improving;- annnal payment for. To be opened to international resi- dence and trade after evacuation by foreign troops and legation guards. Agreement with Japan concerning the opening of. Hankow Railway. {See Lu-Han Rwy.) Preliminary agreement for a loan for extension of, and redemption of existing loans. 470 142 Peace 98 Feiho Biver 71 72 125 ■ Peking -Newchwaug Bailway. 132-133 317 1 2 3 3 5 6 6 317 Spouritv for lo^n 317 staff of railroad during currency of loan. Receipts and earnings of road, and annual payments from provinces to be deposited in Hongkong and Shanghai Bank. Special attractions to be asked for, to secure floating loan. 318 318 318 319 Chief engineer to be British sub- ject during currency of loan. 334 ALPHABETICAL INDEX CHINA. 519 Name. Subject. Peking Syndicate Pescadores Islands . Fetrolenm Num- ber of docu- ment. Pilots Fing-hsiang . P'ing-t'ing (on Wei shni). Pirates Police Port Arthur . Agreement with Shan-si Bureau of Trade for mining purposes. Makes loan to Shan-si Bureau of Trade. To control mines in Shan-si for sixty years, when mines and all prop- erty of syndicate revert to the Chinese Government. To establish school of mining Has right to build branch railways. In case of war must prohibit aid to enemy. Regulations between, and Yii-Feng Co. for mining purposes in Ho-nan . To control mines in Ho-nan for sixty years. Ceded to Japan by China. Their position stated. Kight to work, in Shan-si, granted Peking Syndicate. In Ssii-ch'uan, right to prospect for, conceded to French company. Japanese merchant vessels may engage, to enter and leave open ports. Railway from, to Lukow, branch line of Canton-Hankow R. R. Head of section of Chengting-Tai- yuan R. R. Chinese, plundering Japanese ves- sels to be captured and punished by China. Of China- Annam frontier Of islands in Mekong River where it is boundary between French and British sphere of influence. In Japanese settlements in China. . . Guard of cavalry and' infantry to be organized by China in Man- churia. Regulations for foreigners at new open ports. Chinese, in Manchuria; number of and duties under agreement with Admiral Alexeieff . Chinese, with Chinese and foreign officers for protection Canton- Hankow R. R. Chinese, with Chinese officers for Shanghai-Nanking R. R. Chinese, to guard mines And guards along railway lines, to be determined by Chinese au- ttiorities. Talienwan and adjacent waters leased to Russia. Object for which leased Boundaries of territory leased at . . Rights of Russia at Vessels of Russia and China alone may use it. 40 40 40 40 40 40 43 43 2 40 59 37 41 6 17 18 19 29 37 39 56 57 Article. 2,14 13 17 19 Sup. 9 2 1 7 6 25 23 19 Page. 305 305, 307 306 307 308 308 320 321 15 305 404 35 276 315 36 8,§ 12 10 §2,3 10 10 15 22 22 29 39 100 110 125 201 269 296 382 388 50 50 50 51 51 520 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. Military works, etc., to be erected at expense of Russia at. And Talienwan, to be sole terminus of rail way in Liao-tung Peninsula. Concessions not to be made by China in neutral zone nortli of. On Cliinese vessels at Kiao-chou . . . Leviable on junka 9 10 10 8 18 6 6 7 18 44 52 36 8 18 28 2 18 18 18 18 7 3 5 4 8, §3 8 5 Spec. art. 10 2 51 53 54 47 107 Porters Ports of call . Monopoly in, not to be granted Japanese vessels may touch at all open, in China. On West Eiver, established at re- quest of Great Britain. On Yangtze and West River On Yangtze River 33 32 44 112 324 Po-shan Branch line of Shan-tung Rwy. Co. to run to. French recommendations for head and staff of, will be considered. See Mails. For Germans, their capital, or ma- terials, in Shan-tung. None to be accorded junk-borne goods over steamer borne between Hongkong and open ports Kuang- tung. Russia will not seek, as to customs duties, at open ports outside ter- ritory leased by her. Restoration to China, non-punish- ment of. Chinese native, not subject to in- creased import surtax. Chinese native, transported in the interior to pay export surtax. Chinese native, not intended for ex- port, subject to consumption tax. Chinese native, not intended for export to pay consumption tax at native custom-house at open ports. Chinese native, exported abroad or coastwise; surtax agreed to by United States, amount of. Tax, Japan agrees to pay same as may be agreed upon by all treaty Powers. Tax, on cost of extracting output of mines in Shan-si, to be paid. Tax, on cost of extracting output of mines in Ho-nan, to be paid. Tax, on output of mines in Ssti- ch'uan. Chinese and Japanese to enjoy it for persons and property in each other's country. German miners in Shaii-tung to en- Of Chinese in territory leased to France. 363 250 Preferential treatment 2, §4 3 49 103 198 Prisoners of war 9 8, § 2 8, § 3 8, §8 8, § 8 18 106 107 108 109 Production -, 20 19 40 43 50 6 8 11 4 1 6 6 6 1 § 11,4 3 137-138 122 Protection 306 321 349 30 48 56 ALPHABETICAL INDEX CHINA. 521 Protection Proteges Pnnishment Q,nick8ilTer. Bailway .-- Of railway from Kuang-chou-wan to Lei chou. Of foreigners, by Chinese officials, edict on. Of Russian railways, persons and interests by China in Manchuria. Of Shan-hai-kuan — Sin-min-ting R. R., to be exclusively Chinese. By local authorities to mining and railway enterprises. Disputes. French, may reside at Ssii-mao . . - British, may reside and trade at Momein or Shun-ning Fu. Of Chinese guilty for anti-foreign uprising of 1900, demanded. Of death, to be imposed on mem- bers anti-foreign societies in China. Imperial decree embodying, in- flicted on guilty of Boxer upris- ing. Of ofiicials in whose jurisdiction anti-foreign disturbances occur. Inflicted on Chinese guilty for anti- foreign uprising of 1900. Edict published enumerating Mines in Kuei-chou, conceded to French company. Of Annam may, after agreement with China, be continued on Chi- nese territory. Dong-dang and Lung-chou hne may be prolonged toward Nan-ning and Pe-se. To capital Yiin-nan Provmce from Annam to be conceded. In Yiin-nan, if built, to be connected •with Burmese lines. In Shan-tung, right to build con- ceded to Germany. In Shan-tung, to be built by Chino- German Company, organization, Germany states intentions as re- gards, in Shan-tung. Russia secures permission to extend Manchurian, to Talienwan and to seacoast in Lia«-tung Peninsula. In Liao-tungPeninsula to have only one terminus at Port Arthur and Talienwan. ' , ^ ,. , In districts traversed by line to Port Arthur to be built by Russia. From Shan-hai-kuan to near Rus- sian line to Port Arthur. France authorized to construct a, from Kuang-chou-wan to west coast Lei-chou. From British Kowloon; arrange- ments to be discussed. 11 15 17 17 48 3 7 15 15 15 15 15 15 59 Ann. 16 2 4,§ 1 15,16 3 13 § 4 (2a) § 10 (a) § 10 (a) § 10 (6) 2(a) 10 (6) 8 9 10 10 10 11 12 12 2, §1 2, §2,3 2,§ 3 8 57 89 99 101 343 22 43 64 65 65 67-68 72 404 23 24 25 43 47 48 48 51 53 54 54 57 58 522 ALPHABETICAL INDEX — CHINA. Name. Subject. Num- ber of docu- ment. Article. Page. Bail way China promises to protect lines and persons in Manchuria. FromShan-hai-kuan toNewchwang and Sin-min-ting restored to own- ers. Likin barriers on, to be perma- nently abolished. Great Britain will not build any, starting from Wei-hai Wei. North of the Great Wall of China, ' Great Britain not to seek for con- cessions for. In basin of the Yangtze; Russia not to seek for concessions for. From Shan-hai-kuan to Newch- wang; agreement between Great Britain and Russia concerning rights of former under loan con- tract. Line from Siao-hei-shan to Sin-min- ting, agreement between Great Britain and Russia concerning. In region traversed by line termin- ating at Sin-min-ting and New- chwang, Russia may build rail- way line in. Transportation tariff on, eq\iality of, promised by France in leased territories. Bureau of Control of, estabUshed . . . Right to build, from Tongkingto Yiin-nan Fu conceded France. From Pakhoi to West River, con- ceded France. From Shanghai to Nanking, con- tracts for. From Woosung to Shanghai, secu- rity for loan for Shanghai Nan- king R. R. School for Chinese 17 17 18 25 27 27 27 27 27 28. 35 36 38 39 39 39 40 41 42 42 43 47 48 48 48 48 48 2 4 8,§1 99 100 106 180 §1 §2 183 183 184 184 184 186 249 250 280 281 382 ». 293 Branch lines may be built in Shan-si by Peking Syndicate for use of mines. From Chengting to Taiyuan From Chung-hou-BOu to Sin-min- ting. Branch line of Peking-New chwang to be built to Ying-tsou. Branch lines for mining purposes in Ho-nan. Regulations concerning foreign loans for. Questions in Manchuria, not to be invoked as precedents. Branch lines for mining purposes.. Administrative control of all con- cessions to remain with Chinese. Concession may be made a mon- opoly. Customs stations along lines of 17 308 309 1 1 17 317 317 323 338 - 3 4 13 19 20 340 341 343 334 344 ALPHABETICAL INDEX — CHINA. 523 Name. Railway . Subject. Num- ber o£ docu- ment. Banirooii . Bebate... Revised regulations . for construc- tion of lines, in China. Bureau of Mines and Railways to pass on all applications for con- cessions. Foreigners to comply like Chinese with regulations. Mode of making application for concessions. Duties of local officials. Purchase of land. Taxes to be paid yearly. Application for concessions, when foreigners are participating, to be made through Foreign Office. Foreign and Chinese share of capi- tal. In applications for concessions by foreigners, 36 per cent of shares to be reserved for Chinese sub- scribers. Protection by local officials to be same for all. Chinese capital to be encouraged. . Loans from foreigners, how and when permitted. Secret loan contracts; cancellation of concession. Survey of lines; gauge of track; ex- tension of time. Obstructions to building; boycotts . Foreign experts; protection; rights . Provincial authorities to report on advisability of concession. Disputes; arbitration — Railway concession does not give mining rights. Annual reports by companies ; forms Contract, when to be submitted and signed. Custom-houses along lines, how to be located. Troops, supplies, etc., to be given right of way and half rates. Police, number allowed; soldiers .. Mails to be carried by all lines. . - ... From Hus6 to Kiang-nan conceded to French syndicate. &e Chinese Eastern Rwy.; Lu-Han Rwy. ; Yiieh-Han Rwy. ; Shang- hai-Nanking Rwy.; Sin-yang; Chengting-Taiyuan Rwy.; Pe- king-Newchwang Rwy.; North China Rwy.; Shan-haf-kuan- Newchwang R. R.; Tientsin- ChinkiangR. R. ; Shan-tung Rail- way Co.; Kai-f^ng Fu-Ho-nan Fu R. R. ; Laokay. China to appoint consul at Of import duty and two-thirds sur- tax on raw cotton imported. 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 57 59 Article. Page. 9 10,11 12 13 14 15 16 17 18 19 20 20 21 22 23 6 383 383 383 383 383 384 384 384 384 385 385 385 385 385 385 387 387 387 387 387 388 388 388 388 403 1 18 13 8, §9 11 109 524 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber o£ docu- ment. Article. Page. Eebate Of import duty and two-thirds im- port surtax on raw cotton im- ported to make yarn or cloth. China to undertake works to im- prove navigation on upper. Eailway from Annam to Yiin-nan Fu may follow. Foreign goods re-exported from China not subject to export duty. Drawback certificates on 20 3 3 6 6 6 77 18 6 6 18 18 18 f 18 \ 20 18 4 139 Bed River 25 25 Be-ezportatiou 13 13 17 11 7 27 Sup. 2 5 6 8, § 12 9 7 Ann.C. 10 34 34 Befuge - Japanese merchant vessels may enter any port in China to seek place of. Eight of, agreed to between Mexico and China. Salved goods. Of trade-marks by China To give effect to Japanese treaty of July 21, 1896. For Japanese vessels owned or char- tered at Su-chow, Hang-chow, Shanghai. For navigation by steamers through upper Yangt2e rapids to be drawn up. For bonded warehouses, to be drawn up. Police and municipal, of foreigners at ports to be opened. Mining, facilitating use of foreign capital, to be prepared by China. Inland steam navigation, supple- ment to. For appliances for hauling steam- ers through Yangtze rapids— by whom made. Amended, for steam navigation in- land, agreed to with Japan. Police andmunicipal, atCh'ang-sha. For bonded warehouses. Scale of fees. For protection of American trade- marks to be drawn up. For mining in Shan-si 35 472 105 Begulations 38 39 104 105 110 111 141 120 19 19 19 20 20 40 43 44 44 2 8 10 6 9 122 124 125 140 142 305 For mining in Ho-nan 320 Foi* trade on the Yangtze Eiver . . . Yangtze customs and port 324 10 327 For compensation to miners for in- juries, working hours, etc. \ 40 43 45 12 12 11 307 322 330 Concerning foreign loans for mining and railway purposes. For mines ,and railways 47 48 50 54 56 57 64 338 340 For working mines in Ssii-ch'uan . . Explanatory and additional, for mines and mining. Eules and, for mining 348 372 380 Eevised, for railway construction in China. For intercourse between Eoman Catholic missionaries and local officials. See Eailway; Eules. 383 424 ALPHABETICAL INDEX CHINA. 525 Name. Num- ber of docu- ment. Article. 15 2 {a) 39 19 15 6 {e) 15 Ann. 17 1 6 15 19 26 § 11 Page. Behabilitation . Belief Bevennes Beyision . Bice . Biota Biver Pass Beads .. Bobbers . Bomau Catholic mis- sionaries. Boyalty . Bnles. Of Chinese officials put to death for protesting against Boxer move- ment. Stores to have right of way and half rates on Shanghai-Nanking E, R. Of China pledged as security for Boxer indemnity bonds. Of the Whangpoo Conservancy Board. Of British Convention of Mar.1,1894. Of Japanese treaty of July 21, 1896 . Of treaties of commerce and navi- gation with China demanded by Powers. Agreed to by China Of tariff after periods of ten years may be asked. Of United States treatv of 1903 and of tariff. ' Of Mexican treaty of 1899 Subject to duties between Burmah and China. Exportation from China forbidden. China may prohibit export of, from one port to another on twenty- one days' notice; exceptions. Tribute and army, movement of, not to be prohibited. Imperial decree for prevention of antiforeign. Imperial decree for prevention anti- Christian. Special, for sea-going vessels on Yangtze River. For river steamers on Yangtze River. Steamers' cargo. Tea In Japanese settlements to be un- der consul's control. Of Japanese vessels to be captured and punished by China. Regulations for official intercourse of, with Chinese local authorities. Must not interfere in lawsuits be- tween natives. On profits of mining in Shan-si to be paid Chinese Government. On profits of mining in Ho-nan to be paid Chinese Government. On Nan P'iao coal mines On output of mines payable to Gov- ernment. . „ o ,, On mining operations in Ssa-ch uan . Of 25 per cent on net profit of min- ing in Ssii-ch'uan to be paid Chi- nese Government. . Of 25 per cent on net profits of min- ing to be paid Chinese Govern- ment. ^ i. i To give effect to Japanese treaty ot July 21, 1896. 20 18 61 63 44 44 64 64 40 43 56 68 301 70.71 93 12 37 65 14 11,14 113 325 39 526 ALPHABETICAL INDEX CHIJ!fA. Num- Name. Subject. ber ol docu- ment. Article. Page. Bnles Additional, for inland waters steam 18 Ann. 0. 118-120 navigation. Supplemfentary, to inland steam 18 Ann. 0.10 120 navigation regulations, July, Sep- tember, 1898. For working mines in Ssfi-ch'uan. . See Regulations. 50 348 Eusso-Cliineie Bank . . Provisions of agreement with, of Sept. 8, 1896, to be adhered to as to extension of railway to Talien- 9 8 52 wan. China confirms contract with, on 17 2 99 ♦ re-establishment of Chinese au- thority in Manchuria. Charter of the Organization and capital of the Operations of the ! 31 .31 207-211 207-208 31 31 208-210 Operations of the, in China Purchase of real estate by, in China. General provisions concerning Agreement between, and Chinese Government for construction and 209 31 210 31 210-211 32 212-214 management of Chinese Eastern Eailway. {See Chinese Eastern Railway. ) To form Chinese Eastern Eailway 33 § 1 215 Company. At Shanghai, to receive from Belgian 34 18 237 Company amount due for Lu-Han E. E. bonds. To make monthly payments for 34 20 239 work on Lu-Han E. R. Makes preliminary agreement for 41 309 loan and construction of Cheng- ting-Taiyuan E. E. Makes loan and operating contracts for Chengting-Taiyuan E. E. 41 313 Amount of capital of Chengting- 41 17 315 Taiyuan R. R. owned by. Option held by, on balance of loan 41 21 315 for Chengting-Taiyuan R. R. Issue of railroad bonds by 41 24 316 Salt Subject to duties between China and Burmah. 1 g 10 Gabelle, pledged by China as se- 15 6 (e. 3) 71 curity for Boxer indemnity bonds . Increased import duty on foreign 18 8,§ 2 106 goods, not applicable to. Likin on, abolished, tax in lieu, 18 8,§ 6 108 how collected. Offices for reporting — Passes, cer- 18 8,§ 6 108 tificates. Japan agrees to same tax on, as 19 1 122 other treaty Powers. Collection of inland dues on, not to 20 Ann. 1 146 conflict with provisions of United States treaty. Samshui City (Pro- Opened as treaty port 7 Spec. &xl. 44 Tince of Enang- tnng). Sansi Trade between China and Burmah to pass through. 1 9 10 ALPHABETICAL INDEX CHINA. 527 Name. School Settlement Shan-hai-knan . Subject. Shan-hai-kuan - New- chwang B. B. Shausi (Province of) . Num- ber oJ docu- ment. Of practical instruction in railways; to be organized by Board of Commissioners. Of mining, to be established in Shan -si. Of engineering and mining on Chengting-Taiyuan R. R. Of engineering and mining in Ho- nan. Technical schools to be established by all receiving concessions for mining or railways. Of mining and railway engineering in Ssu-ch'uan. Special Japanese at Shashih, Chung-king, S u - c h o w , Hang- chow, Shanghai, Tientsin, Amoy, Hankow. Consumption tax not to be levied in foreign, or foreign concessions. Railway from, to near Russian line ; Russia declares has no interest in. Newchwang-Sin-min-ting Rwy. re- stored by Russia to owners. Protection, completion, and work- ing of line after Russian surrender. China to repay Russia for repair and working line from. Newchwang Rwy., agreement be- tween Great Britain and Russia, defining rights under loan con- tract. Newchwang 'Rwy. loan agreement Loan agreement for purpose of ex- tending and for redeeming exist- ing loans in North China R. R. Branch lines of, to be built, time limit. Loan made bv, how to be used Loan to be guaranteed by all prop- erty of Peking-Shan-hai-kuan lines. . Loan guaranteed by Imperial (gov- ernment. Future branch lines of, how funds for, to be secured. Management of line of, during cur- rency of loan in case of default m payments. , . j. Chief engineer to be British subject. European chief accountant for Chinese troops and grain to be car- ried free. . Transfer to British of concession al- lowed. The Bureau of Trade of Coal and iron mines in . . - - Agreement made by the Bureau of Trade of, with the Peking Syndi- Bights to petroleum ia, ceded to Peking Syndicate. Article. 37 37 39 40 41 43 48 50 18 10 17 17 17 27 46 46 46 46 46 46 46 46 46 46 46 46 11 6 6 13 9 13 5 12 Supt. 1, 3 8,§ 8 3 4 4,§ 1,2,3 ■i,§ 4 Page. 40 40 40 40 256 265 293 307 311 322 341 , 351 38,39 109 54 100 101 101 184 332 332 332 332 333 333 333 333 6 6 7 19 334 334 334 337 305 305 305 305 528 ALPHABETICAL INDEX — CHINA. Name. Shansi (Frovince of) . Shan-tnng (Province of). Sliantang Co. Railway Subject. Mines in, remain under sovereignty of China. Glass works in French, concessions in Railways in Mining by Germans in Preferential treatment for Germans Great Britain at Wei-hai Wei, de- clares she will not injure or con- test Germany's rights and inter- ests in. Mining and railway questions in, not to be invoked as precedent. Concession for constructiing and operating a line from Tsin-tao to Tsi-nan Fu. To be a German-Chinese company Capital of; Germans and Chinese to be allowed to subscribe; Management of ; president; direct- ors. Regulations for construction of road. German material to be used wher- ever possible. Time for completing work Rules for operating lines of the Rolling stock to be German wher- ever jjossible. Regulations for line outside of Ger- man protectorate to be same as on similar lines in China. Police of lines Schedule of trains; tariff of charges . Preterential rates forbidden Private connecting tracks, junction lines. Violation of terms of contract; ar- bitration court. Composition of arbitration court . . , Parallel lines not to be allowed during concession. Line to I-chou Fu may be asked for to build until 1908. To pay annual contribution for har- bor works of Kiao-chou and ex- jjenses of protectorate; amount. China reserves right to purchase, after 60 years, or after successive periods of 5 years. Determina- tion of value of. Concession may be transferred only to Germans or Chinese. Shanghai Japanese may have special settle- ment at. Preliminary agreement for loan for ' building and operating. Extension of, from Pu-kou to Sin- yang to be undertaken by British syndicate. Num- ber of docu- ment. Shanghai - N a n k i n g Bailway. 40 41 59 25- 48 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 6 39 39 Article. 19 13 2,§ 1 .2,§ 4 2,§ 4 § 1 §2 § 3 § 4 4,§ 2 4,§ 3 5 5, §2 5,§ 2 5,§ 2 5,§ 3-4 5, §5 5,§ 5 ■ 6 7 8 10 11 12 13 Sup. 3 24 Page. 308 312 403 47 48,49 49 180 340 363 363 363 363 364 364 364 364 365 365 365 365 366 366 366 367 367 367 368 368 368 39 281 285 ALPHABETICAL INDEX — CHINA. 529 Num- Name. Subject. ber o£ docu- ment. Article. Page. Shanghai-Iir a n k i n g Final agreement for loan, construc- tion, operating of. It cancels 39 286 EaUway. preliminary one. Amount of loan. Imperial Chinese 39 1 287 Government bonds to be issued. Price of issue, interest, duration, ■ etc. Expenditure of loan; contracts 39 2 288 with Chinese; branch lines built by Chinese, etc. Loan to be secured by mortgage 39 3 288 on Woosung-Shanghai R. K. Loan to be paid in installments; 39 4 289 proceeds of sale of bonds; remit- tance; accounts. Dates of bonds, form of bonds. Net 39 5 290 profit certificates. Chinese sub- scribers. Board of Commissioners for super- 39 6 291 vising construction and operation of, duties. Additional staff. / School for education of Chinese in constructing and operating rail- 39 6 293 ways. Railway to remain in fact Chinese property. Lands for line; purchase of; titles 39 7 293 39 7 294 to; amount to be advanced for purchase of; not to be transferred to injury of mortgage, etc. No special taxes to be levied on 39 7 295 railroad; all general taxes to be paid. Default in payment of interest on 39 8 295 bonds. Commission on all purchases of 39 9 296 material. Materials, how and* where pur- 39 9 296 chased. Trade discounts. Protection of line. Railway police. 39 11 297 Telegraph and telephone service. Shops, docks, steamers, ferries. 39 11 297 storage warehouses may be estab- lished and maintained by oper- ating company. Net profit certificates. Basis of 39 12 297 issue. Trustees for bondholders and hold- 39 13 298 ers of net profit certificates. Materials free of customs duties 39 14 299 Tiikin for goods or passengers 39 14 299 Interest on bonds, repayment of 39 15 299 bonds, commission to bank. Ex- change. Chinese Imperial Bank to be util- 39 16 300 ized. Rights, powers, and discretions not 39 17 300 transferable to other nations ex- cept British and Chinese. No rival railway to be allowed 39 17 1 300 27938—04 34 530 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. Shanghai -Nanking Extension of time for loan and con- 39 18 300 Bailway. struction; time limit. Tariff for fares and passengers 39 19 301 Troops, ammunition, Chineee gov- 39 19 301 ernmental stores, relief stores. Redemption of loan 39 20 301 Proceeds of unused bonds; ad- 39 21 303 vances for -work. Unredeemed bonds 39 39 22 23 303 Price fixed for Shanghai- Woosung 303 B. E. to be paid out o£ proceeds of loan. Agreement to be sanctioned by im- perial edict. Chinese, inChino-GermanEwy.Co. 39 24 303 Shareholders 8 2, §2,3 48 Chinese, in German mining in 8 2, §4 48 Shan-tung. Chinese, in non-Chinese enterprises 18 4 103 and companies; rights, liabilities. British, in Chinese companies 18 4 104 British, in Chinese inland-waters 18 Ann.C.,5 119 steam navigation company, do not entitle to use British flag. Chinese, in Japanese companies. 19 4 122 liability of. Chinese courts to enforce fulfill- 19 4 122 ment obligations by, in Japanese companies. Japanese, in Chinese companies. 19 4 123 liability of, subject to Japanese courts. In Hui-Tung Co. for mining in 50 3 348 Ssil-ch'uan. Sha-shih (in Province of Hu-peh). Opened as treaty port '2 6, §1 Sup. 1 17 Special Japanese settlement at 6 39 Sheu-hsi (Province of) . 8hin-hing _. French concessions in 59 7 403 Port of call on W^st Eiver Spec. art. 13 44 Shnn-ning Fn Great Britain may station consulat. . 7 43 British subjects and proteges may 7 13 43 reside and trade at. Shweli Eiver Burmah-Chinafrontier, from, to the Taping Eiver. 7 ,2 41 Burmah-Chinafrontier, from, to the Mekong. Extension of railway to, from Ho- nan Fu, to be intrusted to Bel- 7 3 41 Si-ngan Fu .. 58 23 399 gian Company. Siam Spheres of influence of Great Britain 5 1 28 and France in. France and Great Britain reserve 5 2 28 right to take action to uphold in- dependencfe of. Mekong from Nam Huok to Chinese 5 3 28 ' frontier, limit between French and British spheres of influence in. Siao-hei shan Eailway from to Sin-min-ting, to be built by China herself. 27 184 Silk Total export duty not to exceed 5 per cent ad valorem; how paid. 18 8, § 7 108 Cocoons, not subject to taxation in 18 8, § 7 108 interior. ALPHABETICAL INDEX — CHINA. 531 Name. Silk. Sin-mm-ting (or tun) Sin-yang Subject. Num- ber of docu- ment. Smuggling . Soci^td d'l^tude de Ghemins de fer en Chine. Soci^t^ financiere et indnstxioUe beige en Chine. Soma Sovereignty . Specific duties . Spirituous liquors Ssii-ch'uan (Province of). SsH-mao (in Province of Tiin-nan). Spheres of influence . . Article. Not exported, subject to consump- tion tax. Railway to. (See Hsin-ming- ting. ) To Hankow section of Lu-Han R. R. to be first built. To Pukou railway; British Syndi- cate to undertake work. Confiscation of goods for On boats hired by Japanese to be punished. Prevention of, at open ports in China Makes loan to Chinese Rwy. Co. for- building Lu-Han R. R. To build whole of Lu-Han R. R To operate Lu-Han R. R. ( See Lu- Han Railway. ) Makes provisional loan contract to Chinese Rwy. Co. for building line from Peking to Hankow. [See Lu-Han Railway. ) Belongs to Great Britain Over zone at Kiao-chou Bay, rights of, ceded and reserved by China. Over leased territory at Tort Ar- thur, is reserved by China. Over territory ceded to France at Kuang-chou wan, reserved by China. Great Britain and Russia declare they will nowise infringe on China's. On foreign imports to China, to be charged. Mode of calculating. China may recast export tariff with. Limits within which changes can be made. Limitation of British and French, in Siam. France and Great Britain engage not to allow third Power to take action conflicting with pledges as to Siam. Mekong River, from Nam Huok to Chinese frontier, to form Umit of French and British in Siam. The United States and Trade in, across Burma-China fron- tier not allowed. Commercial advantages to France or Great Britain not to be exclu- sively enjoyed by either. Regula^ons for working mmes m . . Area of, in which foreign minmg to be confined. Coal, petroleum, and ore mmes m, conceded to French enterprises. Opened to Franco-Annamite trade Duties on imports to China from Annam to be paid at. Duties on Chinese goods in transit through. Duties on Chinese exports from — 18 27 34 39 1 6 6 34 34 34 34 11 27 15 18 28 1 50 50 59 3 3 Page. 8, § 7 19 24 9 8 18 19 6 (e 3) 8,§ 7 1 2 11 4 108 184 238 285 10 33 36 232 238 243 225 8 41 45 50 55 183 71 108 28 28 29 3 3 4,§ 1 4,§2 185-200 11 29 348 350 403 22 22 22 22 532 ALPHABETICAL INDEX — CHINA. Num- Name. Subject. ber ol docu- ment. Article. Page. If instituted, to be paid by Shanghai- Nanking E. R. 39 7 295 Subjects French and prot6g6s may reside at Ssu-mao. 3 3 22 Of China and Japan to enjoy full 6 1 30 protection for person and prop- erty in respective countries. Chinese in Japan under Japanese 6 3 31 jurisdiction. Japanese in China; their residen- 6 4-7 31-32 tial, trading, and other rights. Of China employed by Japanese in China. Of Japan in China, jurisdiction over. 6 7 32 6 20 36 Chinese, shareholders in'non-Chi- 18 4 103 nese enterprises, rights, and lia- bilities. And officers of China in Japan to 19 9 125 have most favorable treatment compatible with laws and regu- lations of the Empire. Of Mexico and China to emigrate 77 5 470 freely to each other's country. Of Mexico and China exempt from 77 10 471 military service, forced loans. war contributions, charges, requi- sitions, etc. Su-chou (in Province of Kiang-sn). Opened as treaty port 2 6,§ 1 17 Steam navigation for Japanese ves- 2 6,§ 2 17 sels from Shanghai to. Japanese settlement at 6 Sup. 1 39 Hang-chou R, E. _ 304H Sugiyama Murder of Mr. , at Peking 15 §1' § 4 (3) Honorable reparation due Japan 64 for murder of. Mission from China to Japan to 15 3 68 express regret for murder of. Surrender Of Chinese and Japanese off enders 6 24 37 and absconding debtors in China. Of Mexican and Chinese criminals 77 14 473 in each other's country. Of Chinese offenders on Korean 69 5,2 437 vessels or premises in China. Surtax _ On foreign imports and on Chinese produce exported abroad or 18 8 105 coastwise. Chinese native produce transported 18 8,§ 3 107 in the interior to pay export. Additional special, of one-half ex- 18 8,§ 7 108 port duty leviable on exported goods or coastwise. , Rebate of two-thirds of, on raw cot- 18 8,§ 9 109 ton imported. Funds to be used for compensation 18 8,§ 11 109 lor illegal taxation, etc. Allocation of portion of, to the 18 Ann. B 116-118 provinces, to compensate for loss by abolition of likin. Japan agrees to pay same, as agreed 19 1 121 to by all treaty Powers. ALPHABETICAL ITSfDEX CHINA. 533 Name. Surtax . Taping River . Tariff Subject. Num- ber of docu- ment. Ta-Tnijg Company Tai-yuan Fn Takhing Taku Talienwan Ta-tnng Ta-tung-ion (Province of Sheng-king.) Taxes In excess of tariff rates on foreign goods imported by Americans agreed to. Amount of, on American imported goods. On Chinese produce exported abroad or coastwise. Payment of, on foreign imports re- leases from all form of inland taxation. No export surtax on machine-made products in China. See Compagnie d' Orient. Railway to, from Chengting Fu Port of call on West River Forts to be razed Leased to Russia ---■ A trading port open to all countries. Portion of port of, reserved for men-of-war of China and Russia. Military works to be erected by Russia at. Railway to be extended to To be, with Port Arthur, sole ter- minus of railway in Liao-tung Peninsula. Russia declares that, will remain a free port, and is in favor of policy of "open door." Burmah-China frontier, from, to Shweli River. Reduced for five years on overland trade between Burmah and China. And tariff rules in force, applicable to Japan. On foreign imports to Chma raised to 5 per cent effective; conditions. China may recast export; not to exceed 5 per cent ad valorem; notice of change. Revision of, after period of ten years. Most favored nation treatment as to, insured to Great Britain. China may recast export tariff; specific duties in lieu of ad valo- rem, not to exceed 5 per cent; notice of change required. Schedule of, duties on imports Rules attached to schedule ot . . . - - Transportation on railways in French leased territory, equality of, promised. . Land, to apply to goods carried on Chinese Eastern Rwy. Port of call Port of, opened as treaty port Article. China' s right to levy such as do not conflict with treaty rights. 20 20 20 20 20 41 7 15 9 9 10 28 7 1 6 15 18 18 18 20 20 20 28 32 6 19 20 Page. Spec. art. § 8 1 6 6 7 8 3 2 9 9 6(e3) 8,§ 7 15 15 4 137 138 137-138 138 139 319 44 64 50 51 51 51 51 53 198 41 10 33 71 108 114 114 138-139 Ann. 3 147-168 ..168-169 ...J 186 10 5 10 214 32 125 138 534 ALPHABETICAL INDEX CHINA. Num- Nanie. Subject. ber of docu- ment. Article. Page. Taxes Christian converts must ^ pay all, except for support of religious 20 14 144 customs contrary to their faith. None to be levied on the Canton- 37 7 268 Hankow R. R. , its appurtenances, receipts, etc. Ordinary general, to be paid by 39 7 295 Shanghai- Nanking B. E. On mining operations in Shan-si. . . 40 6 306 On mining operations in Ho-nan. . . 43 6 321 On coal mines of Nan P'iao 45 7 329 On precious metals 50 6 350 On various products of mines 56 6 .381 Leviable on Mexican and Chinese 77 10 471 in each other's country. Telegraph lines Between Burmah and China to be connected. 1 16 12 Between Annam and China to be 3 6 23 connected. On land of Chinese Eastern Rwy.. 32 6 213 And telephone lines along Canton- 37 11 269 Hankow R. R. And telephone lines of Shanghai- 39 11 297 Nanking R. R. only for use of line. Great Britain and Germany not to seek to acquire, in China. Territory 14 §2 62 Great Britain and Germany to agree 14 § 3 62 to action in ease Powers seeks to acquire, in China. Text French, of Final Protocol of Sept. 7, 1901, authoritative. 15 12 7S / o English, of British treaty, 1902, 18 16 114 authoritative. English, of Japanese treaty, 1903, 19 12 126 authoritative. English, of notes and dispatches of 20 1 136 United States oflBcials to Chinese, and of Chinese officials to United Statesofficialsto be authoritative. English, of United States treaty of 20 146 1903, authoritative. English, of Mexican treaty of 189 77 18 474 authoritative. Tientsin Japanese may have special settle- ment at. Q Sup. 3 39 Tieutsiu-Chinkiang Agreenient with Anglo-German Syndicate for loan and construc- 51 355 B. B. tion of. Division of proposed line 51 2 355 Rate of interest for loan for 51 4 355 Loan for fifty years; repayment . . . 51 5,6 356 Yearly payments on account of loan. 51 7 356 Chinese Government guarantees 51 8 356 loan for. Securities for loan 51 51 9 10-13- 356 Bonds for loan, how issued . . y 357 Funds raised, how held 51 51 14 15 357 Supplementary loan, how to be 358 issued. Extension of time for issue loan, 51 16 358 when allowable. ALPHABETICAL INDEX CHINA. 535 T i e n t s 1 n-Chiukiaugr B. B. Tong-hing (in Prov- ince of Kuang- tung,) Tougking Tonnage dnes. Tows . Trade. Northern part of road to be built, equipped, and operated by Deutsch-AsiatischeBank; south- ern part by the British and Chi- nese Corporation. Board of Commissioners for; duties. Railway staff for Manager and chief engineer for Plans, estimates, and all matters of survey, etc. Likin and duties upon merchan- dise and livestock m transit on. All materials for, from abroad or China, and all revenues of road to be free of duty and all taxation. Branch lines Tariff; transport of Chinese troops, supplies, munitions, at half rates; famine relief supplies at half rates. Control of accounts of Working of line, till loan is re- deemed. Annual net revenue, disposal of... Differences, how to be settled Ratification of agreement France may have consul at China declares she will not alien- ate any territory bordering on. Right to build railroad from, to Yun-nan Fu conceded France. Japanese vessels to pay in open ports of China; amount; exemp- tions. Payable by cargo boats with duti- able cargo. . At Kuang-chou-wan, may be levied by France. Leviable on junks and boats Drawback certificate not legal ten- der for payment of. Of steamers under inland waters navigation rules; crews; registry. Free between Burmah and China. Exceptions to above - - - Route between China and Burmah. Munitions of war forbidden Forbidden trade - - And frontier intercourse to be i-egu- lated by convention between China and Japan. Between Annam and China ...... Asprovidedfor by France and China at Lung-chou, Ho-k'ou, Mtog- tse Sstt-mao and Annam, not to extend beyond localities named. Advantages secured to in bstt- ch'uan or Yun-nan by France or Great Britain to be enjoyed by both. 51 51 51 51 51 51 51 51 51 51 51 51 51 51 3 24 36 11 18 20 18 1 1 1 1 1 2 18 18.19 19 19 20 21 358 358 359 359 359 360 22 360 24 25 26 29 30 32 34 1 15,17 15 5 8,§ 3 8 Ann. C. 9 9 10 11 360 360 360 361 361 362 362 21 178 250 35 35 56 107 141 120 10 10 10 10 11 16 22 23 29 536 ABPHABETICAL INDEX CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. Trade Of Japanese in China subject to most-favored-nation treatment. 6 4 9 31,33 ■X, u New routes to aid, between Bur- 7 9 43 mah and China, to be opened. Momein and Shun-ning Fu open to^ 7 13 43 British subjects and prot^g^s for." Ports for, not to be opened on 10 5 54 coast east and west of neutral zone in Liao-tung Peninsula. In morphia, to be prohibited 18 11 112 Americans have rights, in all locali- 20 3 137 ties open in China under most- favored-nation treatment. On the Yangtze River; regulations for. Mexicans and Chinese to have in 44 324 77' 6 470 each other's country most-fa- vored-nation treatment as to. No restriction or prohibition of, be- 77 8 471 tween Mexico and China, except when general,' or for sanitary reasons, or war. Coasting, of Mexico and China lim- 77 11 472 ited to national vessels; excep- tions. British, to be protected, registra- tion of. Japanese, to be protected, registra- Trade-marks 18 7 105 19 5 123 tion of. Chinese, to be protected in Japan.. 19 5 123 American, to be protected; registra- 20 9 142 tion of. Trade routes Between Bhamo in Burmah and 1 2 7 Namkhan, open to British. Between Burmah and China to be 1 9 10 by Manwyne and Sansi. Between Annam and China 3 3 22 Additional ones between Burmah 7 9 43 and China, to be recommended by joint boundary commission. Transfer Of British steamer to Chinese Dnm- 18 Ann. C. 5 119 pany and Chinese flag for navi- gation in inland waters. Transit duties Chinese goods passing across An- nam territory to one or other of the four Chinese towns open to trade. 3 4, § 1 22 Exemption from all, for Japanese trade between treaty ports in 6 10 33 China. Drawback certificate not valid ten- 18 1 103 der in payment of. Increased import duty on foreign 18 8,§ 2 106 goods in lieu of. All, throughout China to be abol- 20 4 137 JLoUCUt To be paid on goods for interior 32 10 214 carried on Chinese Eastern Rail- way. Payable on machinery, materials. 40 45 and supplies for mining on im- 8 305 portation. 8 330 ALPHABETICAL INDEX CHINA. 537 Transit passes Treaty . Treaty ports. Trial .. Troops . Granted for goods over China-Bur- mah frontier. Overland trade between Annam and China. To be issued to Japanese goods conveyed inland in China. On duty-free articles, amount of dues. Of commerce and navigation, to be negotiated between China and Japan. Wei-hai "Wei held by Japan until exchange of ratification treaty of commerce and navigation. Opened as concession to Japan Opened as concession to France. . . Japanese trade between, in China exempt from all taxes, imports, duties. Bonded warehouses at - Opened as concession to Great Bri- tain. Of China; Great Britain and Ger- many to uphold freedom of trade for all at. And open ports, native custom- houses to be maintained at. To be opened at request of Great Britain if Art. VIII of treaty, 1902, beconies operative. Opened at request of Great Britain. Opened at request of Japan Opened at request of United States Of mixed cases in China Of Germany allowed free passage in zone of 50 kilometers around Kiao-chou Bay. Of China may be stationed m zone at Kiao-chou. Of Kussia, both naval and land, at Port Arthur and in leased terri- tory. Of China, in leased territory to Bussia, not allowed. Of China not allowed in neutral zone north of leased territory at Port Arthur. France may put, in leased temtory at Kuang-chou-wan. British, at and near Wei-hai Wei - . Manchuria to be evacuated by Rus- sian. _ Agreement to be made by l«is- sian and Chinese authorities fix- ing number and disposition of Chinese; in Manchuria. Chinese, in Manchuria after Kus- sian evacuation; increase of; how done. 6 7 14 18 18 18 19 20 6 77 9 9 9 11 13 17 17 17 9 4 11 11 6 § 1 2 10 14 Spec. art. § 1 8 I 1 8 § 12 S § 12 10 12 21,22 14,15 1 1 4 4 5 10 22 33 34 16 18 16,17 22 33 34 44 62 106 110 110 125 143 36 473 45 45 51 51 51 56 60 100 100 100 538 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. Troops ^ On withdrawal of international, 19 10 125 from Chihli and Peking, that city to be opened to residence and trade. Conveyance of Euasian, and muni- 32 8 213 . tions of war over Chinese East- ern Eailway. Of China, and munitions to be car- 32 11 214 ried at half rates on Chinese Kaatern Bailway. Transportation of Chinese on Lu- 34 3 243 Han R. E. Ammunition and Government 37 13,20 256-274 stores to have precedence and half rates on Canton-Hankow E. E. Ammunition and Government 39 19 301 stores, relief stores, to have pre- cedence and half rates on Shang- hai-KTanking E. E. On Peking-Newchwang lines (North 46 7 334 China E. E. ) to be carried free. Munitions and supplies, at half 51 25 360 rates on Tientsin-Chinkiang E. E. • Supplies, etc., to be given right of 57 21 888 way and half rates. Tsin (or Tsing) tao... Eailway to be built by Shan-tung E. E. Co. from, to Tai-nan Fu. 52 363 Tsi-nan Fu Eailways to, from Kiao-chou Shan-tung Ewy. Co. , to build line to, from Tsin-tao via Wei-hsien, 8 2, § 1 47-48 52 363 with branch line to Po-shan. Considerations to be given in con- 52 § 4 364 structing railway station at. Tsang-Ii YamSn China asked to reform 15 § 12 65 Tranformed into a Ministry of For- 15 12 73 eign Affairs. See Wai-wu Pu. Vessels Japanese, may touch at all ports of call open in China. 6 5 32 Japanese, entering ports in China 6 5 32 not open, subject to confiscation. Pay tonnage dues on entering open 6 16 35 ports of China; rates, exemptions. Japanese merchant, may seek re- 6 17 35 fuge in any port of China. Japanese or chartered, at Su-chou, 6 Sup. 2 39 Hang-chou, Shanghai. Chinese, of war and merchant, may 8 3 46 use Bay of Kiao-chou. Of China and Eussia only, may use 9 6 51 Port Arthur. At Kuang-chou-wan to be treated as 11 5 56 at open ports of China. Of China at Kowloon City, to have exclusive use of landing place. Accommodation for, at Canton to 12 58 18 5 104 be improved. Sailing, at open ports, goods carried 18 8, §3. 107 by, subject to same duties as on steamers. ALPHABETICAL INDEX CHINA. 539 Name. Vessels Vessels of war . Subject. Warehonses . Waichow (in Province of Knangr-tnng). Wai-wn Pu Wanhsien (in Prov- ince of Ssii-chnan). VlTanting War Steam, navigating inland waters lia- ble for loss to riparian proprietors. Registered steam; their rights as to inland navigation. Steam, all Japanese, may navigate inland waters of China. Allowed to trade on Yangtze Eiver. Seagoing, on Yangtze Eiver River steamers, on Yangtze Eiver. . Power for, on Yangtze Eiver Small craft, chartered or owned by foreigners on the Yangtze. Trading, on Yangtze must produce papers for inspection when re- quired. Merchant, of Mexico and China, rights of. Of Mexico and China, may not be held for military expedition or any public purpose without com- pensation. Eight of refuge for Mexican and Chinese. Collisions between Mexican and Chinese. Of China may use Kiao-chou Bay . , Of China may use Port Arthur and Talienwan. Of China and France only to use anchorage at On-pu. Of China only to use KowloonCity Of China, to continue to use Mirs Bay and Deep Bay. Of China to use leased waters at Wei-hai Wei. Mexican and Chinese, in each other's ports; rights, privileges. May be opened as treaty port Takes place of Tsung-li Yam^n Imperial edict giving organization of May be opened as treaty port Belongs to China To cease between China and Japan on exchange of ratifications of treaty. . . Agreement between Great Britam and Japan relative to China and Korea to continue in force be- yond date of expiration in case either is engaged in war. Eent or hire in interior of Chma. . . Bonded, China consents to estab- lishment of, at open ports. Bonded; increased facilities for, at open ports. , , , , And jetties on banks of waterways, may be leased by British sub- jects, taxes, etc. Article. 44 77 77 8 9 11 12 12 13 77 18 15 15 18 7 2 16 2 6 18 18 Ann.C. 4 Ann. 1. 4 Ann.C. 8 Ann. 1. 8 3 Ann. 2-3 3 4 5 4,5 7 Page. 119 127 120 128 122 128-130 324 325 325 325 326 326 7,11 10 11 16 3 6 I 4 9 8 § 12 12 Ann. 18 8 § 12 3 10 471-472 472 472 474 46 51 57 58 59 60 471 110 73 94 110 41 18 98 6§3 14 6 Ann.C,13. 17 34 104 118 540 ALPHABETICAL IKDEX — CHINA. Name. Warehouses . . Water courses Waters Wei-hai Wei Subject. Weights, measares . Weihsieu West Biver (or Si Kiang). Whaugpoo Biver. Wharfage dues Wing On (or Tnng-an) Woosnng Bonded, may be established at open ports by American citizens; regulations. At Kiao-chou, regulation of Shallow, may be closed to launches. Adjacent to territory leased to Rus- sia are included. Seacoast, round Kin-chou not to be used by Chinese inhabitants. Included in territory leased to France at Kuang-chou wan. Limit of territorial, agreed to by Mexico and China. Japan to hold, until portion of war indemnity is paid and treaty of commerce and navigation is ex- changed. Japanese force to occupy; Chinese contribution to expense. Territory Of, to be occupied Civil administration to remain Chi- nese during occupation. Troops of China not to approach within 5 n positions held by Jap- anese at. Leased to Great Britain for so long as Port Arthur is leased to Eussia. Extent of territory leased to Great Britain. In zone contiguous to, Gr^at Britain may erect fortifications, station troops, etc. Within walled city of, Chinese jur- isdiction to continue. Ships of war of China may use leased waters at. Establishment of Great Britain at; declaration of policy, and con- cerning railways from. Uniform standard of, to be adopted by China; to be first used at open ports; settlement of differences resulting from adoption. Railway from Tsin-tao to Tsi-nan Fu to pass through. Treaty ports opened on Ports of call on, opened , Railway line from Pakhoi to Bed of, to be improved Conservancy Board for improve- ment of, created. Regulations for the improvement of the course of the. Revenues of the Conservancy Board . Additional, at Canton, to improve accommodation for shipping. On West River, made port of call . . . River and canal open to Japanese steam vessels. Port of call And Shanghai Rwy., security for loan for Shanghai-Nanking E. R. Num- ber of docu- ment. 20 8 18 10 10 11 77 2 13 13 13 18 13 25 19 52 7 18 38 15 15 15 15 18 18 2 6 89 Article. Ann. C. 4 1 4 2 11 Sup. 1 Sup. 2 Sup. 3 Sup. 4 §1 §2 § 3 §4 § 4 Spec. art. 10 6 (e8 11 (6 Ann. 17 Ann. 17 5 10 6 § 2 Page. 140 45 .119 53 54 55 472 18 19 19 19 39 60 60 60 60 60 180 124 363 44 112 280 71 73 90 98 104 112 17 32 282 ALPHABETICAL INDEX OHIKA. 541 Num- Name. Subject. ber of docu- ment. Article. Page. Woosung Cost of Shanghai-Woosung R. R . . . Price fixed for Shanghai-Woosung 39 13 284 39 23 303 E. R. , to be paid Chinese Railway administration. ■Wrecks Chinese to rescue passengers from; crew; to secure vessel and cargo; 6 17 35 Jfipanese to render same services Chinese. Mexican and Chinese, treatment of. 77 11 472 See Vessels. Wuchon Fu (Frovince of Enang-Bi.) Opened as treaty port 7 Spec. art. 44 Wn-sueh Port of call 6 9 5 8 32 Yalu River Railway may be extended to sea- 52 coast between Newchwang and. Yangtze Biver Navigation of upper, open to Japa- nese steam vessels. 2 6 § 2 17 Navigation of upper, by steamer 18 5 104 from I-chang to Chung-king to be improved; methods; condi- tions. Japan granted right to erect ap- 19 2 122 pliances for hauling steamers through rapids in. CbiHa declares she will not alienate 22 174 anyportionof territory adjoining. Regulations governing trade on the. See Regulations. 44 324 Ymg-tzu See Newchwang. Transfers its mining rights in Ho- Yii-Feng Co 43 1 320 nan to Peking Syndicate. To cooperate with Peking Syndi- 43 3 320 cate in administration, exploita- tion, staff, and finances. Vna-Yn fin Agreement between, and French Compagnie d' Orient for working 60 407 X Ua JL u vu ..____-_-- mines in Fu-kien. Will estabhsh works, railways, etc., 60 3 408 for Cie d' Orient. Shares of stock and debentures 60 4 408 due it. Assigns its interest for fifty years. . . Loan agreement of, and Cie d' Ori- ent. Bureau of Mines of Fu-kien to 60 7 409 60 410 60 1 410 supervise loan and operations of. To purchase sites needed for oper- 60 4 411 ations. To give Bureau of Mines 8 per cent 60 5 411 of free share scrip. Royalty to Government of 25 per 60 6 412 cent to be paid by. Yuan-shan (Frovince of Kiang-sn). nnnlhedsof ... -. -. 59 5 403 Letter concerning preferential right 34 246 Ytteh-Han Kwy of Belgian company to build. Declaration of Chinese Govern- ment denying preferential right 34 247 of Belgian company to. American company has no prefer- 34 247 ential right to Lu Han R. R. 542 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber of docu- ment. Article. ■ Page. Ttteh-Han Rwy Contract between the Chinese Eail- »• way company and the American- China Development Company for building and operating the. Amount of loan; how to be paid . . . Bonds; interest; to be first mort- gage on line; to be taken by. American - China Development Company at 90 per cent; may be sold to public, etc. Extension of line to the seacoast Branch -lines may be built 37 37 37 37 37 37 37 37 252 1 2 3 3 3 4 4 252 252 253 253 Employment of Chinese on staff. . . Kemuneration for superintendence and service of American-Chinese Development Co.' Materials for, how and where to be purchased. Operation of line, staff 254 254 254 37 37 37 37 37 37 5 6 7 8 9 10 254 Debentures for operating company, amount of. Survey of line 254 255 First-mortgage gold bonds 255 When Chmese Bailway Co. may take over line. Guarantee to be given by contract- 255 255 ing company. School of railway instruction Materials for, free of duty 37 37 37 37 11 12 13 14 256 256 Chinese troops, munitions. Govern- ment stores, etc. No action may ever be taken by contracting parties impairing ob- ligations. Contracting company to be allowed to work coal mines along line of. Supplemental agreement concern- ing loan for construction of. Amount of loan increased ..- 256 256 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 258 1 2 3 4 4 5 5 5 5 6 7 7 7 7 7 7 259 260 Cost of line, etc. , bonds 260 Guarantee for bonds, etc 260 Loan to be paid in installments Accounts for expenses, etc Date of bonds, interest, coupons, form of bonds, etc. ; safe-keeping. Amount of first-mortgage bonds; object. Line and appurtenances guarantee first mortgage. Additional issue of bonds 261 262 262 263 264 264 Staff, selection, duties, salaries Eailway to remain Chinese prop- erty. Lands for, how acquired, amount for, etc. Rights-of-way scrip ._ 264 266 266 267 No taxes to be levied on the, or its appurtenances, receipts, etc. Default in payment of interest, principal, etc. Reversion of line to Chinese 268 268 268 ALPHABETICAL INDEX CHINA. 543 Name, Subject. Num- ber of docu- ment. Article. Page. Yueh-Han Ewy . Yuet Sing (or Yneh- ch'Sng). Yting ki (or Jungchi) . Yiiii-nan (Province of) Final survey of line Material; preference for Chinese, discounts, rebates. Protection of line, railway police . . American debentures, mode of net profit sharing. Interest on bonds payable in Amer- ican or British gold, at option of holder. Materials for, free of customs dues and likin. Likin on freight on line Interest on bonds, from what sources to be paid, dates of pay- ment, etc. Contracting company to use Chi- nese Imperial Bank agencies along line. Contracting company can not trans- fer rights to other nations or peo- ple of other nationality. Parallel lines not to be allowed . . . Time for floating loan Time for completing work on Time for loan to run 37 37 37 37 37 37 37 37 37 37 37 37 37 37 Tariff of fares and freights - - - . 37 Troops, munitions,publiccalamities. 37 Eedemption and cancellation of 37 , bonds and debentures. Advance made by contracting com- 37 pany. Unredeemed bonds ^ 37 Branch line to Ping-hsiang 37 On West River, made a port of call. 18 On West Biver, made a port of call . 18 Mining in and near, encourage- ment of. Telegraph hnea in, connected with Burmah. French aid may be asked by China for mining in. China repeats willingness to ask French aid for mining in. Capital of, to be connected by rail with Annam; route. Commercial advantages to France or Great Britain not to be exclu- sively enjoyed. Railways in, to connect with Bur- mese lines. Right to build railway from Tong- king to capital of, conceded to Railway from Laokay to capital of, abstract of agreement for build- ing. 36 59 10 12 13 14 14 15 16 17 17 18 18 18 20 20 21 22 23 25 10 10 12 16 5 12 268 269 269 270 • 271 271 272 272 273 273 273 273 273 274 274 274 274 276 276 276 112 112 11 12 23 24 25 29 43 250 405 ALPHABETICAL IISTDEX. KOREA. 27938—04 35 545 ALPHABETICAL INDEX-KOREA. Name. Subject. Num- ber oJ docu- ment. Article. Page. Advisers . Alliance Arms Army China Clandestine trade Concession Consular agrents. Criminals . Diplomatic agents. Duties Financial, to Korea not to be rec- ommended by Japan or Russia, except after mutual agreement. Treaty of, with Japan Expulsion of Chinese troops and protection Korean and Japanese interests is object of treaty of. Treaty of, to cease on conclusion of treaty of peace with China. Protocol cf, between Korea and Japan. No separate arrangement to be made while Protocol of, lasts. Munitions, explosives, etc., in China and Korea permitted only to officials. Japan and Russia agree to allow Korea sufficient, to maintain order. Japan agrees to make war on, to insure Korean independence. Promises good offices to Korea if third Power unjust or oppressive. In opium or ginseng Carried on by Chinese or Korean vessels. Carried on by ships of war, pro- hibited. For Uhnsan gold mines For working a tract of 60 by 40 Korean li for all minerals or pre- cious stones. For railway from Seoul to Chemulpo For railway from Seoul to Fusan. . . For whaling privileges - - . China and Japan may appoint, in open ports of each other. Privi- leges, rights. Most favored na- tion treatment. Merchant, not allowed Chinese and Korean, to be tried by their own authorities. Seeking refuge, to be surrendered . Extradition of Chinese and Korean, China and Korea may appoint them to each other's court. Rights. On merchandise and vessels of China and Korea in each other's territory. 68 65 65 65 70 70 69 67 65 69 69 69 69 71 72 73 74 75 69 69 69 69 II .. Ill V IX II II I IX X XIII II II v,i V,2 V,3 II III 433 429 429 429 441 441 438 432 429 434 439 439 440 445 447 450 454 457 434 435 437 437 437 434 435 547 548 ALPHABETICAL INDEX KOREA. Num- Name. Subject. ber of docu- ment. Article. Page. Duties Payable on goods sold by men-of- war. Materials imported for TJhnsan 69 XIII 440 71 14 446 gold mines freed of. Materials imported for Burn-Mur- 72 VIII 448 doch and Hay mining conces- sion free of. Products of mines ^ free export duty. Materials imported for Seoul- 73 V 451 Chemulpo E. K. free of. Machinery, plants, tools,, instru- 74 V 455 ments, -etc., for use of Seoul- Fusan R. E,., free of all. Machinery, , materials, including 75 . 1^ 462 salt and coal for whaling sta- tions, free of. Extradition Of Chinese and Korean offenders Eight of, China and Korea agree 69 V,3 437 Extra-territoriality . . 69 V,4 437 to relinquish. Finances Japan and Eussia agree to adyise reform of Korean. 67 I 432 Fraud In commercial dealings; offenders 69 VII 438 to be arrested. Frontier Trade between China and Korea, tariff and rules for, to be agreed 69 XII 439 upon. Eeclaimed land along Chinese- 69 XII 439 Korean. Migration across China-Korea, prohibited. Mart, to be agreed upon by China 69 XII 440 69 XII 440 and Korea. Gendarmes Japanese, for protection of tele- graph line, Fusan-Seoul. 66 III 430 Ginsener Purchase or export of red, from Ko- • rea forbidden. 69 IX 439 "*"""**S "" — -------- Good offices China and Korea pledge eatfh other, in case third Power unjust or op- 69 I 434 1 Guards _- preaaiVc. Japanese, for protection of tele- graph lines. 66 III 430 Eussian, for protection of legation 66 IV 431 and consulates. Houses Lease or purchase of, in and with- out foreign settlements. Eecognized by China 69 IV, 2, 3 436 Independence . . - - 2 1 14 Eecognized by Great Britain and Ja;pan. France and Eussia declare that basis of their policy is Korean. 16 1 97 30 203 Japan to make war on China to 65 II 429 insure Korean. Entire, and sovereignty, recognized 68 I 433 definitely by Japan and Eussia. And territorial integrity of Korea 70 III 441 guaranteed by Japan. Eussia pledges itself not to interfere in choice of military, without Instructors - 68 II 433 Japan. Interests Of Japan in Korea - 16 1 97 ALPHABETICAL INDEX KOKEA. 549 Interests . Interference . Intervention. Jurisdiction . King of Korea . Korean Development Co. Laborers Land Great Britain and Japan to safeguard Great Britain and Japan not to make arrangements prejudicial to each other's. Great Britain and Japan to confer in case jeopardy of. Commercial and industrial, of Ja- pan not to be hindered by Russia. Japan and Russia pledge them- selves to abstain from direct, in internal affairs. In choice of military instructors or financial advisers. In Korea by Great Britain or Japan ; when it may take place. Japan promises, if Korea or the imperial house is endangered. Right conceded Japan to occupy places for strategic purposes in case of. Over Chinese and Koreans in each other's country. In mixed cases, settled by nation- ality of defendant. When extraterritorial, shall cease between China and Korea. Over Korean subjects employed by Russia in whaling stations. Japanese and Russian representa- tives to ad vise, to return to Palace. To be advised to appoint liberal and moderate ministers. To be advised to be clement to his subjects. And his house guaranteed peace and repose by Japan. {See TThnsan gold mines. ) iCorean, in mines, to be 90 per cent of force. Korean, on Seoul-Chemulpo Rail- road to be 90 per cent of force. Foreign contract, for Seoul-Che- mulpo Railroad. Foreign contract, to be returned to their country after completion of work. Registration at Customs at port of entry and exit. Korean, on Seoul-Fusan Railroad. On earthworks, 9 out of every 10. Foreign, employed at whaling stations; passports. Offenders against Korean law, etc. Purchase or rent of, in settlements . Leasing or purchase of, beyond limits of settlements. Taxes payable outside foreign set- tlements. Coercion or intimidation in pur- chase of. Sovereign rights over leased or purchased. 16 16 16 68 68 68 16 70 70 69 69 69 7.5 66 70 72 73 73 73,74 74 75 69 69 69 69 69 Article. Page. 1 4 97 . 97 5 97 III 433 ■ I 433 II 433 1 97 IV 441 IV 441 V 437 V, 1 437 V, 4 437 6 459 I 430 II 430 II 430 II 441 XII 448 VI 451 VI 451 VI 451, 455 VI 455 5 458 IV, 1, 2 IV, 3 436 436 IV, 3 436 IV, 5 436 IV, 5 436 550 ALPHABETICAL INDEX — KOREA. Num- Name. Subject. ber of docu- ment. Article. Page. Land Reclaimed, along frontier of China and Korea. Japan and Russia agree to assist Korea in case it needs foreign. 69 XII 439 • Loans 67 I 432 Mails Of Korean Government to be car- ried free over Seoul-Chemulpo 73 III, § 2 450 Railroad. And mail carriers transported free 74 III 454 on Seoul-Fusan Railroad. Mines Decree and agreement for working the Uhnsan gold. 71 445 Contract and concession for operat- ing mines with Bum-Murdoch 72 447 and John A. Hay. Contractors may select place. Area 72 I 447 to be 60 by 40 Korean li. May work all kinds of, inside area . 72 II 447 Work to begin within two years. 72 III 447 One month's notice of beginning of work to be given. Concessions for seventy-five years. . 72 IV 447 Other concessions for, may be 72 V 447 granted while this one is being located. Districts in which claim can not be taken up. Machinery, tools, etc., to be bought 72 VI 448 by contractors. Preference to be given Korean products. Korean Government not responsi- 72 VI 448 ble for debts. Contractors may erect buildings and 72 VII 448 make roads. To pay for all land. Mines and property of contractors 72 VIII 448 free from taxes. Material im- ported free of duties. Products free of export duties. Purchase of priva1;e property. 72 IX 448 Tombs. Royalty of 25 per cent to Korean 72 X 448 Government to be paid semi-an- nually. Cost of machinery not- to be included in expenses. Korean deputy at mines to watch 72 XI 448 over Government' s interests. No right to interfere in working. Korean coolies and workmen to be 72 XII 448 90 per cent of force. Foreigners at, to be protected and 72 XIII 448 to nave passports. Contract forfeited if work not car- 1% XIV 449 ried on regularly, except in case force majeure. Modifications to contract 72 XV 449 See Uhnsan gold mines. Ministers Japanese and Russian representa- 66 II 430 tives to advise King as to cabinet. Mixed cases To be tried by officials of nation- 69 v,i 437 ality of defendant. Most-favored nation . . Treatment for Chinese and Ko- rean diplomatic and consular officers, merchants, subjects, in China and Korea. 69 II; III 434, 435 ALPHABETICAL INDEX KOREA. 551 Name. MoBt-fayored nation . Open ports Opiam Passports .. Permits Police Bailways .. Beform Subject. Num- ber of docu- ment. Article. Bice Boyalty. Seonl-Chemnlpo Bail- way. Treatment as to lease or purchase of land, houses, etc. Chinese and Koreans at Right to reside, rent premises, lease land, erect warehouses, at. Building of houses at Taxes at General foreign settlements at Trade between Importation of , into Koreaforbidden . For Chinese and Koreans in each other's country. For officers and crews of warships. . For foreign employees at mines Forimportationof arms, munitions, explosives, etc. Native Korean, sufficient to main- tain order without foreign aid. See Seoul-Chemulpo Railway; Seoul-Fusan Railway. Of finances; Japan and Russia agree to advise Korea concerning. Administrative; Korea promises to follow Japan' s advice concerning. Export of, and of grain from China; prohibition of. Of 25 per cent on profits of Burn- Murdock and Hay concession to be paid. Concession to build, operate, and maintain. * Bridge over Han River Korean Government to provide right of way and lease it to com- pany. Mails to be carried free Troops and munitions of Korean > Government to be carried free. Survey of line — graves, cemeteries . Crossings, culverts Stations, location of Materials for, imported free of duties . Its properties and receipts free of all taxes. Staff of. Natives to have prefer- ence. Laborers on. Koreans to be 90 per cent. Im portation of foreign con- tract laborers. Registration at customs. Return. Company to be organized. Rights of same. Capital stock. Limitation. Gov- ernment responsibility. Work to begin within one year; to be completed in three years; ex- tension of time. Disputes, settlement of, by com- missioners. Purchase of line by Korea after fif- teen years. If not bought con- cession to run for ten years more. 69 69 69 69 69 69 72 69 67 67 70 69 72 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 IV, 3 IV IV, 1 IV, 2 IV, 2 IV, 2 IV, 6 IX VIII XIII XIII IX II I • I VI X Page. II III III § 2 III § 2 HI § 3 III § 3 IV V V VI VI VII VIII IX X XI 436 435 436 436 436 436 436 439 438 440 448 438 432 432 441 438 448 450 450 450 450 450 451 451 451 451 451 451 451 451 452 452 452 452 552 ALPHABETICAL INDEX KOREA. Num- Name. Subject. ber of docu- ment. Article. Page. Seoul-ChemTilpo Rail- No concession for another line be- 73 XII 453 way. tween Seoul and Chemulpo to be granted. SeoTil-FusaiL Bailway . Agreement to construct and operate . Japanese company to construct a railway, bui d bridges for same, etc. Survey of line; bridges, pathways.. 74 454 74 i' 454 74 II 454 Gauge of road to be same as Seoul- 74 III 454 Chemulpo Railroad. Land for, to be provided by Korean 74 III 454 Government. Ownership vested in company until government buys. Mails, troops, munitions, etc., free 74 III 454 on. Grades; crossings 74 III 455 Stations on ; location of : 74 IV 455 Machinery, tools, etc., and lands 74 V 456 of, to be free from all duties. taxes, or charges. Laborers on; more Korean than 74 VI 455 foreign to be employed. Impor- tation of foreign contract labor- ers. Begislration at customs. Korean timber to be used on 74 VI 455 Company to be organized. Eights of. Korean Government provides no 74 VII 455 74 VIII 455 share of capital, only land. Branch lines to be undertaken by 74 IX 455 Korean Government only. No foreigners shall be allowed to do so. Work to begin in three years, to be completed in ten. Extension of 74 X 455 time. Disputes; settlement of referees • 74 XI 456 Purchase of, by Korean Govern- 74 XII 456 ment. Determination of price. Extension of time. Agreement may be revived to make 74 XIII 456 it a j oint undertaking with Korea. Koreans may be stockholders in . . . 74 XIV 456 Shares of, may not be transferred 74 XV 456 to any but Japanese or Korean Governments or subjects. Settlements Protection of Japanese; force of Japanese troops agreed on. 66 IV 431 General foreign, at treaty ports 69 IV, 2 436 . Purchase or lease of land or houses 69 IV, 2, 3 436 in and without foreign. SosM Japanese, in Korea to be controlled. 66 I 430 Sovereignty . . . Eecognized by Japan and Russia. . . Over leased or purchased lands 68 I 432 69 IV, 5' 436 maintained. Surrender Of offenders seeking refuge on ships or on premises of Chinese or Koreans. 69 V,2 437 Taxes At open ports 69 IV, 2 436 ALPHABETICAL INDEX KOBEA. 553 Name. Subject. Article. Page. Taxes. Telegraph . Trade. Troops . Uhnsan Oold Kines.. Land, payable on houses or land outeide foreign settlements. Uhnsan gold mines and properties free of all. None to be levied on Seoul-Ohe- mulpo Railroad, its properties or receipts. All property and land of Seoul- Fusan Eailroad, free of all charges and. On each whale brought into Korean waters. Lines, protection of, by Japanese . . Lines, Japan to continue to op- erate. Line to Eussian frontier from Seoul; Russia reserves right to establish. Lines, Korea may buy back Chinese and Koreans in each others' open ports to have freedom of • Between treaty ports In rice and grain from China to Korea, enforcement of prohibi- tion. Fraud in, debts; offenders to be arrested. At localities in Korea not open to trade forbidden; fine and confis- cation. In arms, munitions, explosives, etc. In opium and red ginseng forbid- den. Clandestine, by Korean or Chinese vessels. Frontier, between China and Ko- rea. , Japanese, for protection of settle- ments and open ports, force agreed on. Russian, for'protection of legations and consulates. And munitions of Korea, carried free over Seoul-Chemulpo R. R. And goods for military use, free on Seoul-Fusan R. R. Concession of, to Korean Develop- ment Company. Concession for twenty-five years... Mines to be located by company. . Rights of company includes mining of all kinds of ores. Korean Government to assist in dealing with people, and secur- ing rights of way. Foreigners employed at, passports, protection. Natives employed at, study of min- ing by. Capital stock of company, by whom raised. 74 75 66 67 67 67 69 69 69 69 69 69 66 66 73 74 71 71 71 71 71 71 71 •71 IV, 3 13 V 19 III III III III IV IV, 6 VI VII VIII IX IX X XII IV IV § 2 III 1 2 3 5,6 9,10 436 446 451 455 463 ■430 432 432 432 435 436 438 438 438 438 439 439 439 431 431 450 454 445 445 445 445 445 445 445 445 554 ALPHABETICAL INDEX — KOBEA. J Num- Name. Subject. ber of docu- ment. Article. Page. inmsan Gold Mines. .. King of Korea to receive 25 per cent of paid^-up shares. -71 11 446 Profits of company, how to be 71 12 446 applied. And properties freed of all taxes. . . 71 13 446 Materials imported for, free of 71 14 446 duties. Annual meetings of shareholders of. Manager of, authority given 71 15 446 71 16 446 King of Korea may have represent- 71 17 446 ative at, to inspect books, etc. Graves not to be opened or removed . 71 18 446 Concession void if work not begun 71 19 446 within one year. Vessels Of China and Korea to have most- 69 III 435 favored-nation treatment in each 1 others ports. Ports of refuge for Chinese and Kqfean. Carrying on clandestine trade 69 X 439 69 X 439 Wrecked; their cargoes, crews 69 X 439 Of war, of China and Korea, trade 69 XIII 440 by in each others ports, etc. Employed in whaling by Eussia, 75 19 463 to pay tonnage dues at Yuen-san, etc. Eight to erect, at treaty ports Concession of, privileges;, three Warehouses 69 75 IV 1 436 Whaling 457 places near seashore to be set apart; location; size. Delimitation of stations; maps 75 2 457 Purchase of private lands at sta- 75 3 457 tions. Eights on stations; buildings, etc. . 75 4 458 Laborers, native and foreign; limi- 75 5 458 tation of right to employ foreign- ers, etc. Limitation of rights conceded; Ko- 75 6 459 rea retains jurisdiction* over its subjects; no asylum to be given them. Concession not to interfere with 75 9 459 right of opening any port to trade. Compensation in case of cancella- 75 9 459 tion of concession. Eental for; removal of stations 75 9 460 Concession for 12 years; buildings 75 10 460 and structures become property of Korea. Eental; failure to pay; interest 75 11 460 Violation of terms of agreement; 75 12 461 penalties. Transfer of rights 75 75 13 14 461 Disputes to be settled by arbitration . 462 Customs stations; quarters to be 75 15 462 supplied; expenses of. Machinery, materials, salt, and 75 16 462 coal, for use of concessionary. free of duty. ALPHABETICAL INDEX KOREA. 555 Num- Name, Subject. ber of docu- ment. Article. Page. Whaling Provisions and stores for workmen to be bought in Korea; to pay 75 17 463 duties when landed. May not take whales in Korean 75 18 463 waters. Vessels employed; tonnage dues; 75 19 463 tax on each whale brought into Korean waters to be worked at stations. o