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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http : //books . google . com/ 3 2044 103 158 390 5/^ r n ^•^'T TREATIES AND CONVENTIONS ^ A . WITH OR «)NCERNINQ CHINA AND KOREA, 1B94:-I904r, TOGETHER WITH VARIOUS STATE PAPERS AND DOCUMENTS AFFECTING FOREIGN INTERESTS. EDITED BY WILUAH WOODVILLE JOOEHILL, Former As^gtant Secretary of SUUe of the Inited States f and ( 'omniitwUmer of the United States to China, 1900-1901. V WASHINGTON: GOVERNMENT PRINTING OFFICE. 1904. r>)DEC 3 0 1937 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 yeai*s by China, not only to various 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 oflScial; but it has been impossible to obtain the oflScial 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 b}' Germany at and around Kiao-chou, and by Great Britain at Wei-hai Wei, are also taken from Waeber's map. The oflScial map of Wei-hai Wei, published in 1899 by the Intelligence Bureau of the British War Oflice, 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 documents 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 INTRODUCTOBY 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 Telegi'aph Company, of Copenhagen; and Eastern Extension, Australasia and Chinese Telegraph Company. Signed at Shanghai, J uly 11, 1896. {British amd Foreign Stdte Papera^ LXXXVIII, 573.) (2) Land Regulations of the British Concession, Hankow, 1874, 1893. Amendment approved, March 17, 1896. {British and Foreign State Papers, LXXXVIII, 203.) (3) Additional Land Regulations for the General Foreign Settle- ment at Shanghai, June 3, 1899. (See United States Consul- Oeneral^ 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. Conml, Arnoy, 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°. Henry 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. — TreatieSy Conventions, AgreementSf Protocols. No. Country. Date. Subject. Page. Great Bxitaiu. Japan .. France . 4 Japan . 5 Great Britain- France. Japan Great Britain. Germany . Russia .do. 11 France 12 { Great Britain... .do. Great Britain- Germany. Germany and other powers. Great Britain- Japan. Russia Great Britain.. Japan United States... London, Mar. 1, 1894 . . Shimonoseki, Apr. 17,1896. Peking, June 20, 1895. Peking, Nov. 8, 1896.. London, Jan. 16, 1896 . Peking, July 21, 1896.. Peking, Feb. 4, 1897... Peking, Mar. 6, 1898 .. Peking, Mar. 27, 1896. 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. Shanghai, Sept. 5, 1902 Shanghai, Oct. 8. 1908. Shanghai, Oct. 8, 190S. Ck>nvention between Great Britain and China giving eflfect to Article 111 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 Retrocession by Japan to China of the southern portion of the Province of Feng Tien. Declaration between Great Britain and France, with regard to the Kingdom of Slam and other matters (Advantages in YQnnan 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 lea.se of Kiaochou. Convention between Russia nnd China for lease to Russia of Port Arthur, Talienwan and the adiacent waters. Additional agreement defining boundaries of leased and neutralized territory in Llao-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 olsturbances 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 States and China for the Extension of the Commercial Relations be- tween them. 14 21 26 28 80 40 46 50 53 66 62 63 97 99 102 1^ 136 China II. — Declarations, Arrangements. ?1 France Peking, Mar. 16, 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-allenatlon 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-allenatlon of Chi- nese territory bordering on Tong-king. Declaration by Great Britain respecting Wei-hai Wei. 173 22 '>3 Great Britain... do 174 176 74 France 178 25 Great Britain... 180 IV TABLE OF CONTENTS. China II. — DeclaratimiSj Arrangementg — Continued. No. Country. Date. Subject Page. ?6 Japan Apr.26,1898 Declaration concerning the non-alienation of the Province of Fu-kien. Identic notes exchanged between the United Kingdom and Russia with regard to their re- spective raUway interests in China. Declarations made to the United States by France, Germany, Great Britain, Italy, Japan, and Russia, accepting the oommeicial policy of the "open door." Arrangement between Tseng Chi, Tailar Gen- eral of Mukden, and Admiral Alexeiefl. com- mander in Chief of Kuan-tung Peninsula and of the Russian Naval and Military forces in the Pacific. The Franco-Russian Declaration concerning policy in China and Korea. 181 27 28 ?9 Great Britain- Ruasla. United States... Russia St. Petersburg, Apr. 28, 1899. Sept. «, 1899, to Feb. 19,1900. Port Arthur, Jan. 80, 1901. St. Petersburg, Mar. 183 185 201 30 France-Russia.. 208 China III. — Mining and Railtuay ConcesaionSy etc., and Miscellaneous Documents, 85 61 63 64 Russia. do. ....do... Belgium. China ... i France .. United States. France Great Britain., ....do. Russia. Great Britain. do China Great Britain. ....do China . do Great Britain- United States. China Great Britain- Germany. Germany Russia China Great Britain.. China ,...do Belgium France . ....do.... China ....do.... ....do.... ....do.... Dec. 10, 1895 Sept. 8, ^^^ Dec. j^ 1896 May27,' 1897; July 21, Apr. 2, 1898 Apr. 9.1898 Apr. 14, 1898; 13,1900. May 2, 1898.... July May 13, 1S9»; July 9, 1903. Mav21,1898 189a-1903 June 7, 1898.. June 21, 1898 . Aug., 1898.... Oct. 10, 1898 . . ...do Oct. 26, 1898 . Nov. 19, 1898. Feb. 1,1899.. Apr. 14, 1899. May 24, 1899. Junel, 1899. July 30, 1899.. .....do Dec. 20. 1900. Apr., 1902.... Dec.. 1903.... (?)1904 Oct., 1901 1903 June 12, 1891 . Aug. 18. 1895 . Jan. 17, 1898.. Mar. 15, 1899.. Charter of the RuBBO-Chiiiese Bank Agreement between Chinese Government and the Ruaso-Chinese Bank for the Eastern Rail- way. Statutes of the Chinese Eastern Rail way Company Peking-Hankow Railway contracts 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- office stafT. Canton-Hankow Railroad contracts Concession for railway from Pakhoi to the West River. Shanghai-Nanking Railroad Peking Syndicate agreement I*reliminary agreement and contracts concern- ing theCheng-ting-Tai Yuan (Cheng-Tai) Rail- way. Peking-Ncwchang Railway loan Regulations for mining in Honan Yangtsze navigation regulations Concession of Nan P'iao coal mines Shanhaikuan-Newchwang Railway loan agree- ment. Regulations for foreign loans for mining and railway purposes. R^^ilations for mines and railways Agreement between the British and Chinese Cor- poration (Limited) and American-China De- velopment Company. Regulations for the working of mines in SsCk- cn'uau. Tientsin-Chinkiang Railroad agreement Concession for Tsing-tao-Tsinan Fu Railway Imperial order concerning Dalny Additional regulations for mines and mining . . . Chinese Engineering and Mining Company Rules and refi^ulations for mining Revised regulations for railwav construction Kaifeng Fu to Honan Fu Railway loan agree- ment. Memorandum on French Railway and mining concessions. Mining concessions in Fukien Province Decree for prevention of anti-Christian riots Repeal of anti-Christian clauses in Chin&se code. Decree for prevention of anti-Christian riots Memorial on oflBcial intercourse with Roman Catholic missionaries. 207 212 216 225 249 250 280 281 305 309 817 320 324 328 332 340 345 348 355 370 372 375 402 407 416 418 422 424 TABLE OP CONTENTS. Part II. Korea I. — Treaties; Protocols; Memoranda. No. Countiy. Date. Subject. Page. 65 Japan Aug. 26, 1894 Treaty of alliance 429 fi6 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 rights. Treaty between China and Korea 430 A7 do June 9, 1896 432 68 do Apr. 25,1898 483 69 China Sept. 11,1899 434 70 Japan Feo. 28,1904 Protocol between Japan and Korea 441 Korea II. — Contracts; Concessions, etc. 71 72 78 74 75 United States.. Great Britain- United States.. Japan Russia July 2, 1896... Sept. 27, 1898. Mar. 29, 1898 . Sept. 8, 1898.. Mar. 29, 1899 . Decree concerning development of mines Contract with Bum-Murdock and J. A. Hay re- garding mines. Seoul-Chemulpo Railway concession Seoul-Fusan Railway agreement Concession of whaling privileges 445 447 450 454 457 76 77 China, theCongo Free State. China-Mexico.. July 10, 1896. 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-chou Wan and adjacent territory. (4) Extension of Hong Kong territory around Kowloon. (5) Boundaries of the legation quarter at Peking. 2793&-04 1 ^ Part I. CHI]N^^. I. TKEATIES, CONVENTIONS, AGREEMENTS, PROTOCOLS. ABBAKGED CHROXOLiOGICALIiY. No. !• GREAT BBITAIN. 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, 18W.& 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 elBfect to Article III 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 AlBfairs; And His Majesty the Emperor of China, Sieh Ta-JSn, 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. a British and Foreign State Papersy Vol. LXXXVII, 1894-1895; pp. 1311-1319. &Thi8 convention was amended by the agreement of February 4, 1897. See infra, p. 40, 5 6 TEBATIE8 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 River, 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 Hpunra 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 Mol^ 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 Mol^ 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 frontier, seeond 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 inunediately 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 Ifadaw, 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 i-ange 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 TBEATIE8 AND CONVENTIONS WITH CHINA 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 One roftdt ba- between Bhamo and Namkhan, where it passes through tweenBurmftiiand the small portion of Chinese territory south of Nam- ^^^"^ wan, shall, while remaining entirely open to Chinese subjects and to the tribesmen subject to China, be free and oj>en to Great Britain for travellers, commerce, and administrative pur- poses, without any restrictions whatever. Her Britannic Majesty's Government shall have the right, after conununication 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. in. The third section of the frontier will run as follows: BeUmitatioii of ^^ ^^'^ commence from a point on the Shweli River, frontier, third mo- near to the east end of the loop formed by that river ^^^' 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° T 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 TEEATIE8 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 Meng 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-parting between the tributaries of the Salween and the Meikohg 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°, leav- ing to China the Tsawbwaships of KSng 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 River, it will follow the course of that river for about 10' of latitude, leaving Munglem to China, and Manglun 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 boundaiy between Kyaing 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 riv^er 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 ^ ^ ##- of the frontier which lies to the north of latitude Portion of fton- , i ,, , i i. - i 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 Territorial con- result from the frontier as above described. Her oeuions to China. .-.,. .i . -i , Britannic Majesty, m consideration of the abandon- ment of the claims advanced by China to the territory lying outside TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 fron^"^ ^^ ^ 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 alteration^ 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 British 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 hs 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. Vn. It is agreed that any posts belonging to either country which Occupation foi- ^^^ ^® stationed within the territory of the other lowing demaroa- when the Commission of Delimitation shall have **•"*• 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 KOBEA, High ContractiQg 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- * * ^' est point of the 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 _ trad be- ^^^ ^^' *^® British Government, wishing to encour- tween China and age and develop the land trade of China with Burmah Burma]i. ^ much 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 1 *tto*dnti^*'^*" ^^*^' ^^^ ^ higher than those imposed on their import or export by sea. IX. Pending the negotiation of a more complete arrangement, and until the development of the trade shall justify the * ^^ ' establishment of other frontier Customs stations, goods imported from ^urmah into China or exported from China into Bur- mah shall be permitted to cross the frontier byManwyne and by Sansi. With a view to the development of trade between China and Bur- mah, the Chinese Government consent that for six * years 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 Tariff 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 diminisiied by four-tenths. Transit passes for imports and exports shall be t pastes. gYs,nteid 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 Bmngg ing. 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 ^^ in^m'ini- China into Burmah, save at the requisition of the Government desiring their importation; neither shall TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 11 they be sold to parties other than those who have been duly authorized by their respective Governments to purchase them: Oumon, 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 ia prohibited. The exportation from China into Burmah of cash, •n e. ^^ pulse and grains of 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 Government, wishing to promote frontier trade between the two countries by encouraging mining of n^wr***™*'*^ ®^^®^™^ ^° Yunnan and in the new territorial acqui- 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. Xin. It is agreed that His Majesty the Emperor of China may appoint a Consul in Burmah, to reside at Rangoon; and that Her 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. XIY. Passports, written in Chinese and English, and identical in terms .to those issued to foreigners at the Treaty ports ***^ ' in 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 Ran- 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 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. XV. Should criminals, subjects of either country, take refuge in the territory of the other, they shall, on due requisition ^^u^^^ ®' being made, be searched for, and, on reasonable pre- sumption of their guilt 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 niay 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 counti'ies, and placing the Chinese Consul at Rangoon to b«**^tB^d d**** ^^ 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. XVn. 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. XVin. It is agreed that the commercial stipulations contained in Bti 1 ti f ^® present Convention being of a special nature and convention re- the result of mutual concessions, consented to with a ■tricted to locaii- yj^^ ^^ adapting them to local conditions and the pecul- 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 comtmerce con- tained in the present Convention being of a provi- ^7^"®'^**'^'^" sional and 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 a ca 0 . ^j China shall be exchanged in London in 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. 18 In token whereof the respective Plenipotentiaries have signed this Convention in four copies, two in Chinese and two in English. Done at London, this 1st day of March, 1894, corresponding to the 24th day of the 1st moon of the 20th year of Kuang Hsii. [l. s.] Roseberry*. [l. s.] Si;ph. declaration. On proceeding to the signature this day of the Convention between Great Britain and China, giving effect to Article III of the Convention relative to Burmah and Thibet, signed at Peking on the 24th July 1886: « The undersigned Plenipotentiaries declare that, inasmuch as the present Convention has been concluded for the special purpose men- tioned in the preamble thereof, the stipulations contained therein are applicable only to those parts of the dominions of Her Britannic Majesty and of His Majesty the Emperor of China to which the said Convention expressly relates, and are not to be construed as applicable elsewhere. Done at London, the 1st day of March, 1894. [l. 8.] ROSEBERRY. [l. 8.] SlEH. «Hert8let, Vol. I, 87, No. 16. No. 2. JAPAN. TREATY OF PEACE BETWEEN CHINA AND JAPAN.* SIGNED AT 8HIM0N08EKI, APRIL 17, 1895. RATIFICATIONS EXCHANOSD AT CHEFOO, 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 Rank, 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 Paullownia, 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 definitely the full and complete independence and autonomy of Corea, and in consequence the payment Lidependence of ^f tribute and the performance of ceremonies and for- 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 foUow- c i f nart ^^^ territories, together with all fortifications, arsenals, of Feng Tien Prov- and public property thereon : ^^' (a) The southern portion of the province of F6ng- tien, within the following boundaries: — The line of demarcation begins at the mouth of the River Yalu and flSee History of the Peace negolialions, 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 Biver An-ping; from thence the line runs to Ffing-huang; from thence to Haicheng; from thence to Ying-kow, forming a line which describes the southern portion of the territoiy. 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. {h) 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 24th degrees of north latitude. ARTICIiE III. The alignments of the frontiers described in the preceding Article and shown on the annexed Map, shall be subject to the d^d^twrito*'* ®' verification and demarcation on the spot, by a Joint 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 Deliffiitation Commission, if any are made, shall have received the approval of the Governments of China and Japan. Articlk IV. China agrees to pay toeTapan 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 Japan. .... . to be paid within six months, and the second install- ment of 50,000,000 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 KOREA. 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 centuin 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 j'^ears 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 ceSdtoiStoy. ""' ** liberty to sell their real property and retire. For this purpose a period of 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 space 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 consequence of war, China engages immediately upon merce and aayiga- ^^® 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 shall 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 oflScials; 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 eflfect Openinir of new ^^^ months after the date of the present Act: localities in China 1st. The following cities, towns, and ports, in addi- to trade. ^^^^ ^^ those 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 Kaviffation 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. 4:th. Japanese subjects shall be free to engage in all kinds of manu- Siffhtto m n- ^^^^"^& industries in all the open cities, towns, and &otnre in open lo- ports of China, and shall he at liberty to import into ealities. China all kinds of machiner}'^ 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- Evacnation of tion of China by the armies of Japan, shall be com- ^'***^- pletely effected within three months after the exchange of the ratifications of the present Act. 27938—04 2 18 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. Abticle Vlll. Tern ra miU- '^^ ^ guarantee of the faithful performance of the tary occupation of stipulations of this Act, China consents to the tempo- Wei-Hai-wci. 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 b}^ the Japanese forces, provided the Chinese Government consent to pledge, under suitable and sufficient arrangements, the Customs Revenue of China as a security for the payment of the principal and interest of the remaining installments of said indemnity. In the event no such arrangements are concluded, such evacuation shall only take place upon the payment of the final installment of 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 oners 0 war. undertakes not to ill-treat or punish prisoners of war so restored to her by Japan. China also engages to at once release all Japanese subjects accused of being military spies or charged with any other military offenses. China further engages not to punish in any manner nor to allow to be punished, those Chinese subjects who have in any manner been compromised in their relations with the Japanese army during the war. Article X. Cessation of miU- All offensive military operatipns 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 Hsu, corresponding to the 8th day of the 5th month of the 28th year of Meiji. (May 8th, 1895.) 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 28d day of the 8d month of TBEATIES AND CONVENTIONB 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 l7th, 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 Hirobumi. [l. s.] Junii, Grand Cross of the Imperial Order of Paullownia, 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. Article 1. The Japanese military forces which are, under Article VIII of the MUitarrf to ^^^^^J ^^ peace signed this day, to temporarily occupy oeenpy Wai-iiai- 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 600,000 Kuping Taels per annum. Article II. The territory temporarily occupied at Wei-hai-wei shall comprise „ _^, the island of Liu-kuncf and a belt of land 5 Japanese Ri Territory occn- ** * pled 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 5 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- Chinete to re- tain eivil admin- ties slxall at all times be obliged to conform to the istration. orders which the Commander of the Japanese Arm}'^ of 20 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. occupation may deem it necessary to give in the interest of the heaith, maintenance, safety, distribution or discipline of the Troops. All military offences committed within the occupied territory shall be subject to the jurisdiction of the Japanese Military Authorities. The foregoing Separate Articles shall have the same force, value and effect as if they had been, word for word, inserted in the Treaty of Peace signed this day. In witness whereof, the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms. Done at Shimonoseki, in duplicate, this 23rd day of the 3rd month of the 21st year of Kuang Hsii, corresponding to the 17th day of the 4:th month of the 28th year of Miji. (April 17th, 1895.) (Signatures (4) and titles, same as in Treaty.) CONVENTION TO PROLONG ARMISTICE. The undersigned (insert here names and titles of the 2 Chinese Plenipotentiaries, as in Preamble of Treaty) Plenipotentiaries of His Majesty the Emperor of China, and (insert here names and titles of 2 Japanese Plenipotentiaries as in preamble of Treat}'^) Plenipotentiaries of His Majesty the Emperor of Japan, having concluded a Treaty of Peace, have, in order to provide for the peaceful exchange of the 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 Armittioe. ^ ^^^ ^^^^ ^^^ ^^ ^j^^ ^^ month of the 28th year of Meiji, is prolonged for the period of 21 days from this date. n. The armistice, which is prolonged by this Convention, shall termi- nate, without notice on either side, at midnight on the 14:th day of the 4th month of the 21st year of Kwang Hsu, corresponding to the 8th day of the 6th 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 terminating 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 Kuang Hsii, corresponding to the 17th day of the 4:th month of the 28th year of Meiji. (April I7th, 1895.) (Signatures (4) and titles, same as in Treaty.) Ko.3. FRANCE. ADDITIONAL CONVENTION TO THE SUPPLEMENTARY COMMERCIAL CONVENTION OF JUNE 26, 1887, BETWEEN FRANCE AND CHINA. « Signed at Peking, 20th June, 1895. [Trannlatlon.] 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 treat}^ 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, OflScer 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- t?°*^^huf*^**'* ing an agent of the Consular order at Tong-hing opposite Monkay on the frontier of Kwang-tung. (^Documents Diplomaiiques, Chines 1894-1S98. p. 16-19. See also British and Foreign StaU Papers, Vol. LXXXVII, pp. 525-528. & 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 Diplomatiques, Chine j 1894-1898^ pp. 14-16. It is not given in the present collection. 21 22 TREATIES AND CONVENTIONS WIl'H 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. 11. Article II of the Additional Convention, signed at Peking, June 26th, 1887, is modified and completed as follows: Mdng-tse/and^- ^^ ^^ agreed between the High Contracting Parties k'on opened to that the town of Lung-chou in Kwang-si and that of Mgng-tse in Yiin-nan are open to Fi'anco-Annamite commerce. It is furthermore understood that the locality open to commerce on the river route of Lao-kay to MSng-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 M6ng-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- to toad"** ®P*^®* chou and Meng-tse, and that the French Government 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 protegds 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 HI 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-lS, 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 fpllows: — B^n^ChineBe^- (^) Chinese goods in transit from one or the other Annam frontier. of the four towns open to commerce on the frontier, Eeguiations. Lung-chou, M§ng-tse, Ssu-mao and Ho-k'ou, in pass- ing through Annam, will pay, on leaving, duties reduced b}^ 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 duty, and destined to accompany the goods. When they shall arrive TREATIES 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- tion 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 Tiin- iJ^ines in the provinces of Yiin-nan, Kwang-si, and nan, Kwang-si, Kwang-tung, may call upon, in the first instance, an wang- ng. pj.gjj^jj manufacturers ^nd 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 Extension of i ± j ^ n telegraph Unes. 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 p ^ the present Convention being of a special nature, the Conyention not to result of mutual concessions resulting from the needs Mattes Mmed^*" ^* the relations between Lung-chou, Ho-k'ou, Mgng- tse, 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 and land routes of the frontier here set forth. Art. Vni. 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 KOREA. Art. IX. The terms of former Treaties, Agreements remain in force. ^^^ Conventions between France and China, not mod- ified by the present Treaty shall remain in- full 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 6th moon of the 21st year Kwang-hsti. (Signed) A. Gerard. (Signed) Ching. (Signed) HsC. IDENTIC NOTES EXPLANATORY OF THE PROVISIONS OF THE COM- MERCIAL CONVENTION BETWEEN FRANCE AND CHINA OF JUNE 20, 1895, AND OF THE RAILWAY CONTRACT OF JUNE 5, 1896. « The Tsung-li Yamen to Mr. Gerard, Minister of the French Republic at Peking. [Translation.] 13th Day, 5th Moon, 23d Year Kuang-hsC (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 Annam, 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 France. With this object in view, our Yamen and the Legation of the Republic have agreed on the three following formulas: V. 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 DiplomcUiqueSy Chiney 1894-1898. p. 39. An identic note bearing the same date was sent to the Tsung-li Yamen by Mr. Gerard. See Ibid,, p. 38. TBEATIES AND 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 shall 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 furthermore that the right will be conceded to construct a rail- way communication between the Annam frontier and the provincial capital, either bj^ 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). No. 4. JAPAN. CONVENTION BETWEEN JAPAN AND CHINA FOR THE RETROCESSION BY JAPAN TO CHINA OF THE SOUTHERN PORTION OF THE PROVINCE OF FENG-TIEN.a Signed at Peking, November 8, 1896. Ratifications Exchanged at Peking, November 29, 1895. Article I. Japan retrocedes to China in perpetuity and full sover- eignty the southern portion of the Province of Feng cede "***'^ "^**" "^^^1 which was ceded to Japan under Article II of the Treaty of Shimonoseki of the 17th day of the 4:th month of the 28th year of Meiji, corresponding to the 23rd day of the 3d month of the 21st year of Kuang Hsu, 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 southern 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'Sng, 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, n. As compensation for the retrocession of the southern portion of the Province of Feng Tien, the Chinese Government Ueu^ftorrito^^ ^ engage to pay to the Japanese Government 30,000,000 Kuping taels on or before the 16th day of the 11th month of the 28th year of Meiji, corresponding to the 30th day of the 9th month of the 2l8t year of Kuang Hsii. in. Within three months from the day on which China shall have paid to Japan the compensatory indemnity of ment** ®' P*^' 30,000,000 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- habSntf ^ ^ ^' ^^^ ^®®^ compromised in connection with the occupa- tion by the Japanese forces of the retroceded territory. aBritvih and Foreign State Papers, Vol. LXXXVII, p. 1195. 26 TBEATIE8 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 thStotiv©!^***^' ^^^ 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 afllxed 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. s.] Hayashi Tadasu. [l. s.] 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 thereupon 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 Hsix. [l. s.] Hayashi Tadasu. [l. s.] Li Hung-Chang. No. 5. GKEAT BRITAIIf— FRANCE, DECLARATION BETWEEN GREAT BRITAIN AND FRANCE, WITH REGARD TO THE KINGDOM OF SI AM AND OTHER MATTERS (ADVANTAGES IN YtJNNAN 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 BritiBh and of the other, in an}'^ case, or under any pretext, advance influencJ^in Biam. 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 State Papers, 1895-96, Vol. LXXXVIII, pp. 13-16. 28 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 29 III. From the mouth of the Nam Huok northwards as far as the Chinese frontier the thalweg of the Mekong shall iiekong thalweg form 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, FoiueofiBi|ndt ^^ \ong as they are thus separated, be intrusted to the 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 Ho excintive provinces of Yunnan and Szechuen either to Great other priviieget Britain or France, in virtue of their respective Con- in Timnan and yentions with China of the 1st March, 1894, and the 20th June, 1895, and all privileges and advantages of any nature which may in the future be conceded in these two Chinese provinces, either to Great Britain or Finance, 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 ^J ^^^ ^^ them, who shall be charged to fix by mutual territory weet of agreement, after examination of the titles produced on wer iger. 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 ^^^n^tnuonlt the Regency of Tunis on the 19th July, 1875, which Jniy 19, 1875, provides for a revision of that Treaty ''in order wi it,agree ^^^ ^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 London, the 15th January, 1896. [l. s.] Salisbury. [l. s.] Alph. de Courcel. No. 6. japa:n^. TREATY OF COMMERCE AND NAVIGATION BETWEEN JAPAN AND CHINA. Signed at Peking, 21st Day op 7th Month, 29th Year op Meiji (218t July, 1896); Ratipied 29th Day op 9th Month, 29th Year op Meiji (29th September, 1896); Ratipications exchanged at Peking, 20Tn Day op 10th Month, 29th Year op Meiji (20th November, 1896); and Promulgated 28th Day op 10th Month, 29th Year op Meiji (28th 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 17th day of the 4:th month of the 28th year of Meiji, corresponding to the 23rd day of the 3rd month of the 21st year of Kuang Hsu, 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, Gi-and Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Exti'aordinary; 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- of China, and between their respective subjects who shall enjo}'' equally in the respective countries of the High Contracting Parties full and entire protection for the'r persons and property. 30 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 31 Article II. It is agreed by the High Contracting Parties that His Majesty the Diplomatic ^^^P®^^^ ^^ Japan may, if he see fit, accredit a Diplo- agents; preroga- matic Agent to the Court of Peking and His Majesty tiw, immnnities. ^^^ 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 officers, couriers, interpreters, servants and attendants without any kind of molestation. Article IH. His Majesty the Emperer of Japan may appoint Consuls-General, Consular affents- Consuls, Vice-Consuls, and Consular Agents to reside at priviiegea, 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 officers 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 tradhig, uid o*^er manufactures, or pursue any other lawful avocations rights of Japanese in all the ports, cities and towns of China, which are " ' 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 as 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- Chtaa*" *' ^^^ ^^ isting 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. Article VI. Japanese subjects may travel, for their pleasure or for purposes of trade, to all parts of the interior of China, under pass- asspor . 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 Chinese employed lawful capacity without restraint or hindrance from the Chinese Government or Authorities. TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. 38 Article VIII. Japanese subjects may hire whatever boats they please for the con- mrinff of boats ^^J^^^ ^^ cargo or passengers and the sum to be XonopoUes. paid for such boats shall be settled between the parties BmnggUng. themselves, without the interference of the Chinese Government or oflEicers. 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. Article IX. The Tariffs and Tariff Rules now in force between China and the Tariff Western Powers shall be applicable to all articles upon Pavored- 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 n^ion 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 JapMese^**"ffoo^s existing Regulations, from one open port to another, be from transit and wholly exempt from all taxes, imposts, duties, lekin^ otter taxes be- charges and exactions of every nature and kind what- tween op^i ports. '^ , . , , soever, irrespective of the nationality of 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 goods of all transit duties by payment of a commutation 27938-04 3 84 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 foV^lx^^ot intended for export abroad, shall in every part of only subject to China be freed from all taxes, imposts, duties, lekin, tnmsit and export ^[j^rges 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, lekln^ 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 bona jide foreign origin, in respect of which full import duty shall have been paid, may at any time of fow^ goods! within three years from the date of importation be ]>rawbaok certifl- 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 dmwback 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- honsee. ulations on the subject shall be made hereafter. TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 35 Article XV. Japanese merchant vessels of more than one hundred and fifty tons burden, entering the open ports of China, shall be onnage uei. ^j^arged tonnage dues at the rate of four Tnace per registered ton; if of one hundred and fifty tons and under, they shall be charged at the rate of one 7n(ice 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 ** * ^ ° ' take her into port. In like 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 piaor*of *refage[ permitted to enter any nearest port of China, without Besoned cargo and being subject to the payment of tonnage dues or duties penons. 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 AND 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 Sinii Uwr 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- ^^ shall be the duty of the Chinese Authorities to use Tales. 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 Japanese persons Japanese Authorities, who shall hear and determine and property. ^n 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 „. ^ complaint of a civil nature against Japanese subjects Xized oases. / ^ i. t i. • W« i.u or m respect of Japanese property m 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, fewer*' *"** **'" pui^^shed 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. TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 37 Akticle XXIII. Should any Chinese subject fail to discharge debts incurred to a Japanese subject, or should he fraudulently abscond, ing d^btow!**^"*' ^^ 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 nesa absconding houses occupied by Chinese subjects or on board of Chinese ships, the Chinese Authorities shall, at the request of the Japanese Consul, deliver thera 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 tionteeatoent"*' ^^^^ ^^ ^^^ Treaty stipulations between Japan and China, 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- cial 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 ten 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. 88 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Article XXVII. The High Contracting Parties will agree upon Boles and Regula- Rules and reff- ^^^^^ necessary to give full effect to this Treaty, uiationg putting Until such Rules and Regulations are brought into treaty in eifoot. 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. Article XXVIII. The present Treaty is signed in the Japanese, Chinese and English languages. In order, however, to prevent future dis- thSSttve^'***" 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. Article 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 Hsu. [l. 8.] 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. s.] 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 Pbkinq, October 19, 1896. [TianalatioiL] The following four Articles are hereby agreed to by Baron Hayashi Tadasu (Sho-shi-i, Decoration of the Ist Class), Envoy Extraordinary and Minister Plenipotentiary of Japan, and the Ministers Plenipoten- tiary, ministers of the Tsungli-ya-men, of China, to wit: Art. I. 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. n. Regulations with respect to steamers or ships owned or chartered by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined after conference 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 Hsu. 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. IY. 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 W, or about 40 Chinese Z^, 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-Hsu (19th October, 1896). No. 7- GREAT BBITArsr, AGREEMENT BETWEEN GREAT BRITAIN AND CHINA, MODIFYING THE CONVENTION OF MARCH 1, 1894, RELATIVE TO BURMAH AND TIBET, a Signed at Pbking, February 4, 1897. Ratifications Exchanged at Peking, June 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: me. Commencing at the high peak situated approxi- mately 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 Waning 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 E^a; 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 Molfe stream, running between Kaddn and Laisa; thence the Mol& 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 SUde Papers, 1896-1897. Vol. LXXXIX, pp. 25-30. ft See, supra, p. 21, footnote &. 40 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 41 THE TAPING TO THE 8HWELI RIVER. 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 Namwan; 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 Eokang, and shall continue along the eastern frontier of Kokang till it meets the Eunlong 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 M§ng 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° 60' west of Peking) and latitude 23°, leaving to China the Tsawbwaships of KSng 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 shall 42 TREATIES AND CONVENTIONS WITH CHINA 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 River, 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 Mbkeng 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) Vni. (No addition to original Convention) TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 48 IX. Add as follows: — In addition to the Manwyne and Sansi routes sanctioned by the Convention of 1894, the Governments of Great Britain he^^l^^^^ ^ *^^ 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- Ttowui^*^" ^ ways in YGnnan, and, in the event of their construc- tion, agrees to connect them with the Burmese lines. Xin. Whereas by the original Convention it was agreed that China Briti h d Chi- ^^8^* appoint a Consul in Burmah to reside at Ran- nese coniuiar offl- goon; and that Great Britain might appoint a Consul ••"• to reside at Manwyne; and that the Consuls of the two Governments should each within the territories of the other ^enjoy the sanie 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 ^^ ^ ' conditions 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 xm. 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 Bs follows:— Failing agreement as to the terms of revision, the present arrange- ments shall remain in force. 44 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. Special Article, — Whereas on the 20th day of January, 1896, the Wnohou-fu in '''^sung-li Yamfen addressed an official despatch to Her Kwangsi and Majesty's Charg6 d'Aflfaires at Peking, informing him Sid^KoV KnS ^^^ ^^ ^^® ^^* ^*y ^* December, 1895, they had in Kwangtung submitted a Memorial respecting the opening of ports opened to trade. ^^ ^j^^ West River 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 4:th day of February, in the year of our Lord 1897. [l. s.] Claude M. MacDonald. [l, 8.] (Chinese signature of his Excellency Li.) r No. 8. GERMANY. OON^^ENTION BETWEEN THE GERMAN EMPIRE AND CHINA RESPECTING THE LEASE OF KIAO-CHAU.« Signed at PsKiNa, Mabch 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. His Majesty the Emperor of China, guided by the intention to strengthen the friendly relations between China and o«raufflftroo*B* ^ Germany, and at the same time to increase the mili- tary readiness of the Chinese Empire, engages, while reserving to himself all rights of sovereignty in a zone of 50 kilom. (100 Chinese li) surrounding the Bay of Kiao-chau 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- Big resenre . ^^^^ ^j^^ right to station troops within that zone, in agreement with the German Government, and to take other military measures. a8 StacUmrchiVy vol. 61, No. 11518. Kiao-chau was declared a free port on Sep- tember 2, 1898. See Reichscmzeiger, September 5, 1898. 45 46 TREATIES AND 0OKVENTION8 WITH CHINA AND KOKEA. Article II. With the intention of meeting the legitimate desire of His Majesty the German Emperor, that Germany, like other Pow- em ry..ea»e . ^^.^^ 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 III. In order to avoid the possibility of conflicts, the Imperial Chinese Government will abstain from exercising rights of Limiti of tarri- sovereignty in the ceded territory during the term of 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 territory 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 Bights of Chi- other nations on friendly terms with Germany; and chan'say! *^' ^^® 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 whole 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. TBEATIE8 AND 0ONVEKTION8 WITH CHINA AND KOBEA. 47 Article IV. navigation sig- Germany engages to construct the necessary navi- gation signals on the islands and shallows at the entrance of the bay. No dues shall be demanded from Chinese ships of war and merchant- vessels in the Bay of Eaao-chau, except those which '**** may be levied upon other vessels for the purpose of maintaining the necessary harbour arrangements and quays. Article V. Should Germany at some future time express the wish to return Kiao-chau Bay to China before the expiration of the territo™*'^*"** 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, ^^ieinieawd provided that they behave in conformity with law and order; unless their land is required for other purposes they 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 tomtitatioiu. ^j^^ 50-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 U and UI.« I. The Chinese Government sanctions the construction by Germany of two lines of railway in Shantung. The first will ^^^juiwayi in ^^^ from Kiao-chau and Tsinan-f u to the boundary of 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, Bubetantially correct. 48 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Tsechuen and Suiping. 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 opportimity of connecting this line in the most advantageous manner with their own railway system. What places the line from Tsinan-f u 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 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^wrry- Chinese representatives. The Chinese Government 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 pro rata between the shareholders without profits. German regard to nationality. The object of constructing intentionB. 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 min- from ^ach side of 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 rs. jj^^ |jy ^ 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- m^ew *****^'* ^ ^^^^ authorities and all profits derived shall be fairly divided between Chinese and German shareholders according to the extent of the interest they hold in the undertakings. TREATIES AND CONVENTIONS WITH CHINA AND KOBBA. 49 In trying to develop mining property in China, Germany is actuated by no treacherous motives against this country, but German inten- g^ekg alone to increase commerce and improve the relations between the two countries. The Chinese Government binds itself in all cases where foreign - - ^. , assistance, in persons, capital or material, may be f reierentiai iiji i » i • t -n • treatment prom- needed for any purpose whatever withm the Province ised Germans. ^f Shantung, to offer the said work or supplying of materials, in the first instance to Gernian 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 di-awn 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 Yamgn.) The Imperial German Minister, (Signed) Baron von Heyking. Li Hung-Chang (in Chinese), Imperial Chinese Grand Secretary^ Minister* of the Tsung-li Yamen, cfec, d;c, Weng Tung-Ho (in Chinese), Imperial Chinese Grand Secretary^ Member of the Council of State^ Minister oftlie Tsung-li Yam^^ d;c.^ dkc, 27938—04 i No. 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.l ON the 6th day of the 8rd moon of the 24th year of Kuang Hsu (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 Charg6 d' Affaires Pavloflf. 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 lewe^*"**^ '^' China, His Majesty the Emperor of China agrees to lease to Russia Port Arthur, Talienwan, and the adja- cent waters. But this lease is to be without prejudice to China's authority 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 arm o ease. Iq^^j^ j^^lj be arranged between the two countries. a From 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, Hiti. de» ReL, III, 362, supplies a French version, but it is only a translation of the English here printed. 60 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 51 Art. IV. Within tJie term fixed, in the territory leased to Russia, and in the adjacent waters, all movements of forces, teSt?** ^ ^••^^ whether naval or military, and (the appointment of) high officials to govern the districts, shall be entirely left to Russian officers, one man being made responsible, but he is not to have the title of Governor-General or Governor. 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. Should any criminal cases occur, the criminal is to be handed over to the nearest Chinese official to be punished accord- ' ing to law, in accordance with the arrangement laid down by the Vlllth Article of the Russian-Chinese Treaty of the 10th year of Hsien FSng (1860). Art. V. To the north of the territory leased there shall be left a piece of territory, the extent of which is to be arranged Heutrai itrip. ^^ jj^. .^^ .g^ ^^^ ^j^^ Russian Foreign Office. This piece is to be entirely left to Chinese officials, but no Chinese troops are to enter it, except after arrangement with the Russian officials. Art. VI. The Governments of the two countries agree that, as Port Arthur is solely a naval port, only Russian and eioMd 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 trtL^ng^^i^^ * 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 Hsu extoSlJ^ ^ ^* (^^^^) *^ ^^^ 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. Hoeie, 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 Russian 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 KOREA. 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 reg'ard to the branch line above mentioned. The direction of the line and the places it is to pass shall be arranged by Hsu Ta-jen 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. No. 11. FRANCE. CONVENTION FOR THE LEASE OF KUANG-CHOU WAN.a SUBMITTBD TO THE TSUNO-LI YaMSN, MaY 27, 1898. Ratified by China, January 6, 1900. [Translation.] Article I. The Chinese Government, in consideration of its friendship for France, has given by a lease for 99 years Kuang-chou Purposeo ease. ^^^ ^ ^j^^ French Government to establish there a naval station with coaling depot, but it is undei'stood that this shall not offset the sovereign rights of China over the territory ceded. Article II. The leased territory shall include the waters and ground necessary for the security, the provisioning and the normal tery leased. " development of the naval station and of the coaling depot, that is to say: (a) The island of Tong-hai; (J) The island of Nao-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 2i° 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). <^DocumerU$ Diplomatiques, 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 ArrStis MinigUrieU, 27th and 31st January, 1900, in Situation de Vlndo-Chine (1897-1901), p. 117. Kuang-chou was made a free port in 1900. 55 J 56 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 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 Ijegin 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 AdminiBtration. 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 iii?Mtajiti^^^* their 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 take Bi ht to arri- ^^^ other defensive measure on the leased land, ■on 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- »4 V* **- *- matic and commercial relations with her, shall be aighta of treaty ' power veaaeiB in treated within the leased territory in the same manner leased territory. ^g jj^ ^j^^ 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 Light-honseand j^^^ lighthouse and tonnage dues destined to cover the tonnage dnes. jo ^ r> ^ 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 ex1;mdition should occur, they shall be dealt with accord- ing to the 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 bnSt^^*^ ^ ^* ^^^ 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, wharves, storehouses and hospitals, put up Lnprovementfat jighty, 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. No. 12. GREAT BRITAIN. CONVENTION BETWEEN THE UNITED KINGDOM AND CHINA RESPECT- ING AN EXTENSION OF HONG KONG TERRITORY.« Signed at Pbkinq, June 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 ly ease . ^^jg^ygg^ 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 leawdtortto* ^ ^ 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 neie^htos^' ^^' J^^^^-^^-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- ^*^* ments shall be discussed. It is further understood that there will be no expropriation or expul- sion of the inhabitants of the district included within ^Expropriation ^j^^ 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 /ptra^A^f/s TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 59 If cases of extradition of criminals occur, they shall be dealt with in 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 wiiaete war |^ jg 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 Hsu. 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 Hsu. [l. 8.] Claude M. MagDonald. [li. s.] (Seal of the Chinese Plenipotentiary.) No. 13. GREAT BBITAFN^, 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 snail 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 ry ease . j^^^^ ^^ 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 igr 0 0 ly. j^^ defensive purposes, at any points on or near the coast of the region east of the meridian 121° -10' 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 officials shall continue to exercise jurisdiction except righto. " ^°^* ^^ ^^^ ^^ '^^y ^^ inconsistent with naval and military requirements for the defence of the territory leased. It is further agreed that Chinese vessels of war, Bighte of Chi- vvhether neutral or otherwise, shall retain the riffht to nese war ships. use the waters herein leased to Great Britain. o British Parliamentary Blue Book, China No. 1 {1899) ^ p. 199. For limits of ter- ritory leased, see map facing p. 45, supra. 60 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 61 It is further understood that there will be no expropriation or expulsion of the inhabitants of the territory herein ^^^P"*^*®" specified, and that if land is required for fortifications, public oflScers, or any oflScial or public purpose, it shall be bought at a fair price. This Convention shall come into force on signature. It shall be rat- ified b}^ 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. Claude M. MacDonald. Prince Ch'ing, Senior Member of the Taung-U Yamen^ LlAO SHOU-HfeNG, President of Board of Panishnents. Done at Peking in quadruplicate (four copies in English and four in Chinese) the 1st day of eluly in the year of our Lord 1898, being the 13th day of the 6th moon of the 24th year of Kuang-hsii. No. 14. GREAT BRITAIN— GERMANY. AGREEMENT BETWEEN GREAT BRITAIN AND GERJiiANY DEFINING THEIR MUTUAL POLICY IN CHINA, a Signed at London, 16th October, 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 territory 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. 6 (1900). 62 Ko. 15. NEGOTIATIONS BETWEEN THE POWERS AND CHINA FOR SETTLEMENT OF THE DISTURBANCES OF 1900. (1) JOINT NOTE SIGNED BY ;rHE 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- TABLISHMENT OF NORMAL RELATIONS WITH CHINA. Signed at Peking Decbmbbb 22, 1900. Handed to the Chinese Plenipotentiarihb, Yi K'uANQ (Pbince 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 CONVENTIONS WITH CHINA AND KOBEA. 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. (5) 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 Chinese 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. 5. 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 well as for Chinese 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. TREATIES AKD CONTENTIONS WITH CHINA AND KOREA. 65 9. Right of military occupation of certain points, to be determined by an understanding between the Powers, for keeping open communi- cation 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 antifo reign 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. {h) 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 conunerce 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. Conger. For France, S. Pichon. For Great Britain, Ernest Satow. For Italy, Salvago Raggi. For Japan, T. Nissi. For Netherlands, F. M. Knobel. For Russia, Michel de Gibrs. 27938—04 6 66 TREATIES AND COmTENTIONS WITH CHINA AND KOREA. (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-Hungary, 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. 8.] Ll (3) FINAL PROTOCOL SIGNED ON COMPLETION OF NEGOTIATIONS. Signed at Pbking Sbptembek 7, 1901. [Translation from French.] The Plenipotentiaries of Germany, His Excellency M. A. Munmi 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. Rockhill; of France, His Excellency M. Paul Beau; of Great Britain, His Excellency Sir Ernest Satow; of TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 67 Italy, His Excellency Marquis Salvago 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 Foreign 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 Deci'ee dated the 27th of Decem- ber 1900. (Annex No. 1) Article 1* By an Imperial Edict of the 9th of June, last, (Annex No. 2), Tsai Feng, Prince Chiin, was appointed Ambassador Mo^toB^Sn"*'' of His Majesty the Emperor of China, and directed in 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 Chiin left Peking the 12th of July last to carry out the orders which had been given him. Article I^ The Chinese Government has stated that it will erect on the spot of -, . ^ the assassination of H. E. the late Baron von Ketteler Szpiatory monu- ment to Baron von a commemorative monument, worthy of the rank of Ketteler. ^Yxe 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 26th of June, last. Article II* Imperial Edicts of the 13th and 21st of February, 1901 (Annexes Punishments in- Nos. 4:, 5 and 6), inflicted the following punishments fli^d on principal q^ the principal authors of the outrages and crimes rages. 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 Hsiin Prince Chuang, Ying-Nien, President of the Court of Censors, and Chao Shu-chiao, President of the Board of Punishments, were condemned to conmiit 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, formerh'^ Governor General of Szu-ch'uan. An Imperial Edict of February 13th, 1901 (Annex No. 7) rehabili- tated the memories of Hsii Yung-yi, President of the B«habiUtationof g^^^rd of War, Li Shan, President of the Board of deoeased 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 Nien and Chao Shu-chiao the 24th, Yii 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 Sugpension of ^^' ^)^ 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 •ion^toJ^'L""" 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 CO]STENTIONS WITH CHINA AND KOBE A. 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 expiatoiy monu- _ . ^ ment in each of the foreign or international ceme- Expiatory mon- " nments in dese- teries which were desecrated and in which the tombs erated cemeteries, ^^p^ 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). Article V. China has agreed to prohibit the importation into its territory of Prohibition of arnms and ammunition, as well as of materials exclu- importation of sively used for the manufacture of arms and ammu- ""•• '^ nition. 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 tenns 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 indemnitytothe Powers an indemnity of Four hundred and fifty mil- Powers. 1. i. TT .1 1 lions of Haikwan taels. This sum represents the total amount of the indemnities for States, Companies or Societies, private individuals and Chinese referred to in 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 denmity. currency of each country, as indicated below. Haikwan Tael = marks 3. 055 = Austro-Hungary crown 3. 595 =gol(l dollar 0.742 =franc8 3.750 =pound sterling 0. 3s Od =yen 1.407 =Netherland8 florin 1.796 =gold rouble (17.424 dolias fine) 1. 412 70 TREATIES 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 im^CTement* "' ^^^^5 ^" ^^^ manner indicated in the annexed plan of 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 Ist of January, 1902, and shall finish at the end of the year 1940. The amortizations are 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 Seryiee of debt. oi. i_ • • ai_ ^ n bhanghai, m the following manner: Each power shall be represented by a delegate on a commission of „ , , , bankers authorized to receive the amount of interest oommiMlon ox bankers. Its du- and amortization which shall be paid to it by the Chi- ^®** nese authorities designated for that purpose, to divide it among the interested parties 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 Sevenues as- «-^ . . -, * ■i^ed 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 f oreigYi 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 OOITSrENTIONB WITH CHINA AND KOBE A. 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 inoreage of tar- g^all be put in force two months after the sigrnin&r of iff on importi. ^ , 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. Igpeci^ duties T:\A^ 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 valorein. im V m t f ^* ^^® h^A» of the Rivers Peiho and Whangpoo Feiho 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 Quarter for le- reserved for their use and placed under their exclusive gaUons in Peking. ... 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 5, 6, 7, 8, 9, 10 On the East, Ketteler Street (10, 11, 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 the 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. Articjle Vin The Chinese Government has consented to raze the forts of Taku and those which might impede free conununication Baling of forti. jj^^^q^^ Peking and the sea; steps have been taken for carrying this out. 72 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. Article IX The Chinese Government has conceded the right to the Powers in « . ^ ^ . the Protocol annexed to the letter of the 16th of Jan- Pomts to be 00- i . i cupied mUitarUy uary 1901 to Occupy certain points, to be determined by powers. y^y j^^ agreement between them for the maintenance of open commimication 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 edSto"'*^'*'' °^ 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 Ist 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 ^ deemed necessary by the Foreign Governments to the treaUes 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 ^ , VI concerning the indemnity, the Chinese Govern- Improvement of ^ ® ...... ^ <• . i connes of Peibo ment agrees to assist in the improvement of the courses and Whangpoo. ^f ^j^^ 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 KOREA. 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 se^^Sr^oard*^" *°^ *^® 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 24:th of July 1901 (Annex No. 18), reformed the Office of Foreign Affairs, Tsung-li Yamen, on the of^oreiraoffiM^^ lines 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 EJdict 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 at audienoei.' 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 thoritotive. " ^^^^ *^® 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 ^ Bates of evacna- ^^^^ 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 CONVENTIONS 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 Signatures B. J. DE COLOGAN and W. W. ROCKHILL seals Beau of Ernest Satow Chinese Salvado Baggi Plenipotentiaries. JUTARO KOMURA M. DE GlERS • 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 j^ear 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 OF 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 OF LI HUNG-CHANG OF THE 22 JULY, 1901, TO HIS EXCELLENCY M. DE MUMM, GERMAN PLENIPO- TENTIARY. [Traxulatioii.] [OfBclal reply.] On the 3d day of the 6th 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 telegitiphed 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 necessaiy 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 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. Annex No. 4. IMPERIAL EDICT OF THE 13TH OF FEBRUARY, 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 the\^ 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-doere 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 alread}^ 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-Hsun, Prince Chuang, already degraded, allowed the Boxers to attack the Legations. He, on his own authority, published procla- mations contrary to the treaties; he lightl}'^ 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 TBEATIE8 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 the}^ 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. Kiing-Yi, Assistant Grand Secretary of State, President of the Board of W^orks, 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 Ean-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. We 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 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBLA. 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 gi'ace, 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. Hsu 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 I" Annex No. 5. IMPERIAL EDICT OF THE 13 FEBRUARY, 1901. [Translation.] Ch'i Hsiu, President of the Board of Bites, and Hsu Cheng-yu, for- merly senior Vice-President of the Board of Punishments, are in the first place to be degraded. Weirder 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 KOBEA. 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 Yu-Hsien, against whom has been pronounced the penalty of inune- diate decapitation, and for each of whom deputies have been ordered to go see that (the sentences have been carried out), We decide 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 ICang-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 Hbiu and Hsii Cheng-yu, whom the Powers designate as the most ardent protectors bf 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 Towel's, 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 Hsu Timgj 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. "Respect this 1" 80 TEEATIES AND CONVENTIONS WITH CHINA AND KOBEA. 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 froni 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, Hsu Yung-yi, Hsu Ching-cheng, Lien- Yuan, and Yuan-Chang be restored to their former honors. " Let the ministry concerned be informed." "Respect this!". 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 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 81 Hsien, Ho-ching Hsien, Yiieh-yang Hsien, So-p'ing Fu, Wen-shui Hsien, Sbuo-yang Hsien, P'ing-yang Fu, Ch'ang-tzu Hsien, E[ao-p'ing Hsien, Tse-chou Fu, Hsi Chou, P'u Hsien, Chiang-ehou, Kuei-hua Ch'eng, Sui-yuan ch'eng; "Province of Ho-nan; Nan-yang Fu, Kuang-chou; "Province of Che-chiang: Ch'u-chou Fu; "Province of Chih-li; Pei-ching, Shun-t'ien Fu, Pao-ting Fu, Yung-ching Hsien, Pien-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-tzti- ch'ang, Lien-shan, Yu-ch'ing-chieh, Pei-Iin-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." "Respect this!" Annex No. 9. IMPERIAL EDICT OF 18TH OF JUNE, 1901. [Tranfllation.] Ikiict received by telegraph from Hsi-an-Fu the 3d day of the 6th moon (18th of June, 1901): We confer on Na Tung, second Vice-President of the Boaixi 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. "Respect this!" Annex No. 10. LIST OF CEMETERIES SITUATED IN THE NEIGHBORHOOD OF PEKING AND WHICH HAVE BEEN DESECRATED. British cemetery One French cemeteries _ _ Five Russian cemetery _ _ _ One Total Seven 27938^-04 6 82 TfiEATIES AND CONVENTIONS WITH CHINA AND KOREA. Annex No. 11. IMPERIAL 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 foi>eign origin. Inform the ministry concerned. ''Respect thisl" Annex No. 12. DESPATCH OF FRINGE 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-hsu (29th May, 1901). OflBcial Reply. The 7th 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 aimual 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 4 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 Representatives of the Powers. 84 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. 5z; ^ §§§§§§§§§i§§§i§§§§§§§§§§§§§iissssss i§§§§§§§§§§§§§i§i§§§§§§§§§§§§§§§§§§ gi§§§WI§§§§WI§M§M§M§iW§§§§i§§§ § §§ gS: s 8 i mi ^-11 lis i Extin- 940 by yearly 011.783 years, 1911. § 1' .-^-aSfl of Tls. 60.000,000 gulshed in means of amortlzatio per cent in beginning ^; p i^^Si i§iiilllliiliiilliilliilll§ll§iliii TBEATIBS AND 0ONVBNTION8 WITB CHINA AND KOKEA. 85 S|SS iiii IIP. A A 0> K :l •2s 8 ^■MiA CSOt- 1^ OlO SofH oSSSKcb 111 5- a 86 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Annex No. 14. DESCRIPTION OF THE BOUNDARIES OF THE LEGATION QUARTER AT PEKING. Point 1 is situated on the south wall of the Tartar City an hundred feet to the east of the east side of the superstructure of the Ch'ien Men. From this point the boundary runs for a distance of two hun- dred and sixteen feet, following a line nearly due north, as far as Point 2, southeast corner of the balustrade in white stone which encloses the open paved space before the principal entrance of the Imperial City. From this point the boundary runs for a length of three hundred and ten feet along the east side of this balustrade, nearly directly north until Point 3, situated on the north side of the road which forms a con- tinuation of Legation street, and is at the intersection of the boundary line coming from 2 and of a line drawn along the continuation of the north side of the Legation street. From this point the line runs for a length of six hundred and forty- one feet and a half (measured around and in the angles of the wall) along the north side of Legation street as far as Point 4, at one hundred and forty -six to the west of the corner (southwest) of Gaselee road, measured along the north of Legation street. From this point the boundary runs for a length of two thousand one hundred and fifty-two feet (measured around and in the angles of the buildings) in a general northerly direction, but following the line of the buildings now existing and, in the open spaces between the build- ings, a line parallel to the general line of the buildings on the left side of Gaselee road and at one hundred and fifty -seven feet on the west side of the west side of the gate which leads from Gaselee road to the exterior court of the Imperial City, as far as Point 6, on the south side of the south wall of the interior court of the Imperial City, and at one hundred and fifty-seven feet from the west side of the gate at the end of Gaselee road. From this point the line runs for a distance of one thousand two hundred and eighty -eight feet nearly directly toward the east, along the wall as far as Point 6, southeast corner of the exterior court of the Imperial City. From there the line runs nearly directly^ north along the wall for a distance of two hundred and eighteen feet measured in a straight line to Point 7, northeast corner of the exterior court. From there the line runs nearly due east for a distance of six hundred and eighty-one feet to Point 8, southeast corner of the wall of the Imperial City. ^ ^-,^ian [seal.] Signatures and seal of Chinese Plenipotentiaries. [Lt) Hai-huan] [Sheng HsCan-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 considemtion, 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 II. Conger [seal.] John Goodnow [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. [LC Hai-huan] [Sheng HsCan-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 bi-anches, as 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. Conger [seal.] John Goodnow [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. . [LC Hai-huan] [ShENO HstJAN-HUAl] Annex III. The schedule of tariff 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 Lli 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. [LC Hai-haun] [Sheng HsCan-huai] IMPORT TARIFF, a Agar-agar per picul. . . 300 Agaric. See Fungus. Amber per catty. . . 325 Aniseed (star): First quality ( value 15 taels and over per picul ) per picul . . 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 taels. 148 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. Asafetida perpicul.. 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 .--.- do 5. 000 Asbestos yam do 2. 250 Awabi do 1.500 Bacon and ham 5per ct. Grass per thousand.. 1.250 Gunny do 4.250 Gunny (old) 5 per ct. Hemp per thousand.. 4.250 Hemp (old) 6 perct Straw per thousand.. 1.250 Baking powder in bottles or tins: 4-ounce per dozen.. .083 6-ounce do .110 8-ounce do .145 12-ounce do 226 1-pound 1 do 303 3-pound do 810 5-pound do 1.350 Bark: Mangrove perpicul.. .073 Plum tree do 120 Yellow (for dyeing) 5 perct. 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 (with gold) do . 176 Over 9 inches in diameter, decorated ( without gold ) do . 125 Basins, tin (common) per gross.. .250 Beads: Coral per catty.. .750 Ck>melian perpicul.. 7.000 Glass of all kinds 6 perct Beer. See Wines, etc. Beeswax, yellow perpicul.. 1.600 Belting 5 perct Betel-nut husk: Dried perpicul.. .077 Fresh do 018 Betel-nut leaves, dried do .045 Betel nuts: Dried do 225 Fresh do 018 Bezoar, cow, Indian 5 perct Bicho de Mar: Black perpicul.. 1.600 White do 700 TBEATIE9 Aim 0ONVEN110N8 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 Prufisiaii 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 perct. Bronze powder per picul . . 2. 200 Butter in tins, 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 haroos: Clean per catty.. 2.450 Refuse 5 perct. Candles: 9-ounce per case of 25 packages of 6 candles.. .075 12K)unce do 100 16-ounce do .133 All kinds, differently packed per picul.. .750 Other weights, duty in proportion. Canes: Bamboo per thousand.. .400 Coii^ 1 foot long per picul.. .200 5 feet long per thousand.. .300 Canned fruits, vegetables, etc. (all weights and measures approximate) : 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 2i-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 2i-pound tins. . .118 Com per dozen 2-pound tins. . . 054 Pease do 060 String beans do .054 Tomatoes per dozen 2J-pound tins. . . 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. Ganned fruits, vegetables, etc. — Continued. Tomato sauce and cateup — J-pint bottles per dozen. . . 054 1-pint bottler do 087 Jams and jellies — 1-pound 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, evajwrated — 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 — 1 J-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 l}-pound tins do .287 2-pound tins do 333 2J-pound tins do • 445 3-pound tins do.... .515 3J-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 KOREA. 151 Oapoor cutchery 5 per ct. Cardamoms: Superior, and amoraums per picul. . 10. 000 Inferior, or grains of paradise , . . do 1. 000 Husk do 250 Cards, playing Sperct. Cassia: Buds per picul- - .750 Lignea '..do 920 Twigs do 170 Cement per cask of 3 piculs. . . 150 Cereals and flonr (including barley, maize, millet, oats, paddy, rice, wheat, and flour made therefrom; also buckwheat and buckwheat flour, com 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 560 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 shirting^ or sheetings, not exceeding 40 inches wide and not exceeding 40 yards long — (a) Weight 7 pounds and under per piece. . . 050 (b) Weight over 7 pounds and not over 9 pounds do 080 (c) Weight over 9 pounds and not over 11 pounds do 110 (d) 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 Drills, gray or white: not exceeding 31 inches wide and not exceeding 40 yards long — (a) Weight 12} pounds and under per piece. . . 100 (6) Weight over 12}^pounds -. do 125 Jeans, gray or white — (a) Not exceeding 31 inches wide and not exceeding 30 yards long perpiece.- .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 — (a) Not exceeding 30 inches wide and not exceeding 6 yards long, perpiece 027 (6) Not exceeding 30 inches wide, exceeding 6 yards but not exceeding 10 yards long perpiece.. .035 (c) Not exceeding 30 inches wide but exceeding 10 yards long, per yard 003} 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 6 per ct Prints— (a) Printed cambrics, lawns, or muslins: not exceeding 46 inches wide and not exceeding 12 yards long per piece. . . 037 TREATIES AND OOITVENTIONS WITH CHINA AND KOREA. 153 Cotton piece goods — Ck>ntmaed. Prints — Continued, (b) Printed chintzes, printed crai)e6, printed drills, printed fumi- tores, printed shu-tings, 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 mches wide, exceeding 6 yards but not exceeding 10 yards long per piece. - . 036 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 (/i), 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 (k) 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 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 per piece. . . 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 finish, gassed finish, silk fin- ish, or electric finish) : not exceeding 36 inches wide and not exceeding 33 yards long per piece. . . 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 wude, exceeding 6 yards but not exceeding 10 yards long per piece. . . 035 8. Not exceeding 30 inches wide but exceeding 10 yards long per yard. . . 003} 154 TREATIES AND CONVENTIONS WITH CfilNA AND KOREA. 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 5^ yards long per piece. . .022} (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 3t pounds and under per piece. . .060 2. Weightover 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 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, t. c, dyed in the yam, except crimp cloth 5 per ct. Crimp cloth— (a) Not exceeding 30 inches wide and not exceeding 6 yards long, per piece 027 {h) 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 003} 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, per yard 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 per yard. . . 015 Blankets, cotton, plain, printed, or jacquard per piece . . . 030 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 155 Cotton piece goods — Continued. HandkerchiefB, cotton — (a) Plain, dyed, or printed, not embroidered, hemstitched or ini- tialed: not exceeding 1 yard square per dozen . . . 020 (6) All other handkerchiefa 6 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., valuemical 5 per ct. Margarin, in tins, jars, or kegs per picuL. 1.400 Marsala. 5^ 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. 000 Wood, safety or other — Large: boxes not exceeding 2 J by 1 J by } inches, per 50 gross boxes. . . 630 Small : boxes not exceeding 2 by 1 i by f inches, per 100 gross boxes . . . 920 Boxes exceeding above sizes 5 per ct. Match-making materials: Glass pow^der per picul. . . 110 Phosphorus do 4. 125 Splints do 088 Wax, paraflBn do 500 Wood shavings do .113 Mats: Coir (door) .*. per dozen. . 1. 000 Formosa, grass (bed) each.. .050 Rush per hundred-. .500 Straw do 225 Tatami each.. .046 Matting: Coir: not exceeding 36 inches wide per roll of 100 yards. . 2. 760 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 per picul. . • 600 Melon seeds do . 250 Metals: Antifriction 5 per ct. Antimony per picul. . . 700 160 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Metalfl— CJontinued. Braee and yellow metal Bars and rods per picuL. 1.150 Bolts and nuts and accessories do 1.160 Foil do.... 1.676 Nails do..-. 1.150 Screws / 5 per ct Sheets, plates, and ingots per picul. . 1. 150 Tubes do 1.160 Wire do.... 1.160 Copper — Barsandrods do 1.300 Bolts, nuts, rivets, and washers 5 per ct. Ingots per picul.. 1.176 Nails do.... 1.300 Sheets and plates do 1.300 Slabs do.... 1.176 Tacks 5per ct Tubes 6 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.... 1.600 Iron and mild steel, new — Anchors, and parts thereof; mill iron; mill and ship's cranks; Hnd forgings for vessels, steam engines, and locomotives (weighing each 25 pounds or over) per picul.. .266 Angles do .140 Anvils and parts of do .400 Bar do 140 Bolts and nuts 5 per ct Castings, rough perpicul.. .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 : 5perct Kg perpicul-. .076 Pipes and tubes 6 perct Plate cuttings per picul. . . 110 Plates and sheets do .140 Rails do 125 Rivets do 250 Screws 5 perct Sheets and plates perpicul.. .140 Tacks, blue, of all sizes do 400 Wire .^.do.... . .250 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. 161 Metals — Continued. Iron and mild steel, new — CJontinued. Bolts and nuts 6 i)erct. Cobbles and wire shorts per picul.. .130 Sheets- Corrugated w do 275 Tlain do 275 Tubes 5 per ct. Wire perpicul-. .250 Wire, shorts do 130 Iron, old, and scrap, of any description (fit only for remanufacture) perpicul 090 Lead- Pigs perpicul.. .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 5 per ct Foil 5 per ct Sheets and pipes per picul. . 1. 725 Slabs do-..- L500 ^Tacks, blue, of all sizes do. . - - . 400 Tinned plates — Decorated do 350 Plain do 290 White metal — Sheets do 2.200 Wire 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 5 per ct Morphia, in all forms per ounce.. 3.000 Molding per thousand feet. . 1. 050 Mushrooms 1 per picul. . 1 . 800 Musical boxes 5 per ct. Musk per catty.. 9.000 Mussels, dried ♦ perpicul.. .400 27938—04 11 162 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Needles: No. 7-0 per lOOmiUe.. 1.800 No. 3-0 do.... 1.500 Assorted, not including 7-0 do . 985 NutgalLs per picul. . . 870 Nutmegs do 1.500 Oakum del.- .500 Oil: Castor — Lubricating do. .„. . 510 Medicinal do 1.000 Clove 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 ;^erosene per case of 10 American gallons. . . 070 In bulk per 10 American gallons. . . 050 Olive per imperial gallon. . . 062 Sandalwood per catty. . . 240 Wooer yard . . . 047} 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 047i 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. . . 047} Russian cloth: not exceeding 76 inches wide do 047} Spanish stripes: not exceeding 64 inches wide do 021 Woolens (unclassed) 6 perct. Woolen and worsted yams and cords ( not inclading 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 Yam: Afibestus per picul.. 2.250 Coir 5 perct Cotton- Bleached or gray perpicul.. .950 Dyed 5 perct 168 TBEATIES AND 0OXVENTION8 WITH CHINA AND KOSEA. Yam — Continued. Cotton — Continued. Gray per picul. . 0. 060 Mercerized or gassed 5 per ct. Wooloa or berlinette perpicuL. 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. RULES. RuUL 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 changes, 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 Applica- 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 includiug 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. RvlelL The following will not be liable to Import Duty: Foreign Rice, Cereals, and Flour; Gold and Silver, both Bullion 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 bona fide private use; Circulars, etc., distributed gratis by mercantile houses; and Private Effects (not including Wines, Stores, and Tobacco) of individual Foreigners TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 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. RuU 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. ShBNO HS&AIV-HUAI LtJ Hai-huan Subject to the approval of His Imp. <& Roy. Apostolic Majesty's Government E v. Hibsch Ad referendum D. Sifpert. De Boy6. Jas. L. Mackay E. HioKi, M. Odagibi J. Yamaoka Ad referendum advocaat F. B. v' Jacob John Goodnow« 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. Your Excellencies, With reference to the New 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 bon& fidfi private use; circulars, &c, distributed gratis of Mercantile houses; and private effects (not including wines, stores & tobacco) of individual foreigner 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 OONVElTriONS WITH CHINA AND KOBEA. 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 HiBSGH D. SiFFEBT Db. BoYife Jas. L. Mackay E. HiOKi J. Yamaoka Advocaat F. B. v' Jacob D. SiFFEBT John Goodnow DUTY FREE LIST. (Vide T. G. Circulars Nob. 979, 984, 1016, 1020, 1022, 1025, 1026.) Instructions received. 12th Oct. 1901. 1. Foreign Rice, cereals and flour, gold and silver coined and uncoined, icth Oct. 1901 2. Legations supplies from abroad. Tth 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. 1 May, 1902 5. Supplics uudcr Government stores Certificates. 81 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. 8 June, 1902 8. Circulars, etc., distributed gratis by mercantile houses, mh Oct. 1901 9. The bona fide baggage of travUers i. e. passengers 8 June. 1902 • • -xi. -^ xu u i lu luggage arriving either with the owner or by a vessel other than that by which the passenger travels. 8 June, 1902 10. Clothiug, books, picturcs and furniture already in use when brought in by residents and not for sale. 81 May, 1902 N. B. Ships Coal and provisions are entitled to draw- backs. cmisr^. II. DECURATIONS; ARRANGEMENTS. ARRANOKD CHRONOIiOGICAIiliY. 171 No. 21. FRANCE. DECLARATION CONCERNING THE NON-ALIENATION OF THE ISLAND OF HAI-NAN.a 15 March, 1897. The Tsung-li YamSn to Mr. Gerard, Minister of the French Republic at Peking. [Translation.] 13th Day, 2d Moon, 23d Year Kuang-hsC. (15 March, 1897.) The 1st day of the 2d moon of the 23d year Kuang-hsu (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 Hai-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 Yam^n 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 Yamgn). fl Documents diphmatiquea. Ckiney 1894-189S, p. 33. 173 No. 22. GREAT BRITAIN. DECLARATION CONCERNING THE NON-ALIENATION OF THE YANG- TSZE REGION, a February 11, 1898. Sir C. MacDonald to the Tsung-li YamAn. Peking, February 9, 1898. MM. LES MiNISTRES, 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 Tsunq-li Yam^n to Sir C. MacDonald. Kuang-hm^ ^th yea/r^ Ist moon^ 2l8t 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 Yamen 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. 2, 1898. 174 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 175 tsze region, now entirely hers, as providing security for the free oourse 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 Yamen 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 conununication to his Government, They avail themselves, &c. No. 23. GREAT BRITAIN. DECLARATION BY CHINA THAT INSPECTORrGENERAL OF MARITIME CUSTOMS SHALL BE A BRITISH SUBJECT WHILE BRITISH TRADE PREPONDERATES.^ February 13, 1898. The Tsung-li YamAn to Sir C. MacDonald. Kuang-hsu^ %ltth year^ 1st moon^ 20th 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 eflfect 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 preponderahce 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 past, 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 YamSn to place the matter formally on record. The Yamgn 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 him. 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, 11.1 MiNiSTiiRE DES Affaires Etrang^res, Premier Department, Le 18 Decetiihre, 1899. Monsieur l'Ambassadeur: J'ai eu I'honneur de recevoir la note de Votre Excellence en date du 8-20 Septembre a. c. relative aux principes que le Gouvernement des Etats-Unisd^sirerait voir adopt^s en matiere ^conomique par les Puissances ayant des int^rets en Chine. Pour ce qui ejjt du territoire c^d6 k bail par la Chine k la Russie le Gouvernement Imperial a d6jS. manifest^ sa ferme intention de pratiquer la politique de "la porte ouverte" en ^rigeant Dalny (Ta- lien-wan), en port franc; et si «t Tavenir ce dernier port, tout en continuant a rester franc, ^tait s6par6 par une ligne de douanes du reste du territoire dont il s'agit, les taxes douanieres seraient pr^lev^es dans la zone soumise au tarif , sur toutes les marchandises ^trang&res sans distinction de nationality. • Quant aux ports d^jS. ouverts, ou qui le seraient a Favenir, par le Gouvernement Chinois, au commerce Stranger et qui se trouvent en dehors du territoire c6d6 & bail a la Russie, le reglement des questions relatives aux taxes douanieres appartient k la Chine elle-meme, et le Gouvernement Imperial n'a nuUement I'intention de r^clamer pour ses nationaux k cet egard des privileges quelconques ^ Pexclusion des autres Strangers. II va de soi que cette assurance du Gouvernement Imperial a pour condition qu'une declaration semblable serait f aite par les autres Puissances ayant des int^rSts en Chine. TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 199 Convaincu que cette r^ponse est de nature k satisfaire k la demande exprim^e dans la note susmentionn^e, le Gouvernement Imperial se f^licite d'autant plus d'avoir 6t^ au devant des voeux du Gouvernement Am^ricain, qu'il attache le plus grand prix si tout ce qui pent entretenir et consolider les relations amicales traditionnelles existant entre les deux pays. Veuillez agr^er, Monsieur PAmbassadeur, I'assurance de ma haute consideration. COMTj: MOURAVIEFF. [Translation.] Ministry of Foreign Affairs, December' 18-30, 1899. Mr. Ambassador: I had the honor to receive Your Excellency's note dated the 8th-20th of September last, relating to the principles which the Government of the United States would like to see adopted in commercial matters by the Powers which have interests in China. In so far as the territory leased by China to Russia is concerned, the Imperial Government has already demonstrated its firm intention to follow the policy of " the open door " by creating Dalny (Ta-lien-wan) a free port; and if at some future time that port, although remaining free itself, should be separated by a customs limit from other portions of the territory in question, the customs duties would be levied, in the zone subject to the tariff, upon all foreign merchandise without dis- tinction as to nationality. As to the ports now opened or hereafter to be opened to foreign commerce by the Chinese Government, and which lie beyond the ter- ritory leased to Russia, the settlement of the question of customs duties belongs to China herself, and the Imperial Government has no intention whatever of claiming any privileges for its own subjects to the exclusion of other foreigners. It is to be understood, however, that this assurance of the Imperial Government is given upon condi- tion that a similar declaration shall be made bj'^ other Powers having interests in China. With the conviction that this reply is such as to satisfy the inquiry made in the aforementioned note, the Imperial Government is happy to have complied with the wishes of the American Government, especially as it attaches the highest value to anything that may strengthen and consolidate the traditional relations of friendship existing between the two countries. I beg you to accept, etc. Count Mouravieff. 200 TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA. INSTRUCTION SENT MUTATIS MUTANDIS TO THE UNITED STATES AMBASSADORS AT LONDON, PARIS, BERLIN, ST. PETERSBURG, AND ROME, AND TO THE UNITED STATES MINISTER AT TOKYO. Department of State, Washington, March 20, 1900. Sir: The Government having accepted the declaration sug- gested by the United States concerning foreign trade in China, the terms of which I transmitted to you in my instruction No. — of , and like action having been taken by all the various Powers having leased territory or so-called ''spheres of interest" in the Chinese Empire, as shown by the notes which I herewith transmit to you,** you will please inform the Government to which you are accredited that the condition originally attached to its acceptance — ^that all other Powers concerned should likewise accept the proposals of the United States — having been complied with, this Government will therefore consider the assent given to it by as final and definitive. You will also transmit to the Minister for Foreign Affairs copies of the present enclosures, and by the same occasion convey to him the expression of the sincere gratification which the President feels at the successful termination of these negotiations, in which he sees proof of the friendly spirit which animates the various Powers interested in the untrammeled development of commerce and industry in the Chinese Empire, and a source of vast benefit to the whole commercial world. I am, etc., John Hay. o All printed arUe. No. 29. RUSSIA, ARRANGEMENT BETWEEN TSENG CHI, TARTAR GENERAL OF MUK- DEN AND ADMIRAL ALEXEIEFF, COMMANDER IN CHIEF OF KUAN- TUNG PENINSULA AND OF THE RUSSIAN NAVAL AND MILITARY FORCES IN THE PACIFIC. Signed at Pobt Arthur, January 30, 1901. « [Translation.] 1. All official residences in Mukden to be handed back to the Chinese officials who will act in accordance with the terms arranged. 2. Chinese officials to be allowed to go to their posts in all those towns taken by the Russians. They may establish police forces; in large places to the number of 500 men, in medium sized places 300 men, in others 200. These police may caiTy arms but must be pro- vided with distingfuishing badges stamped by the Russian and Chinese authorities. 3. Robbers and rebels taken by Russian police to be handed over to the local officials to be dealt with by Russian and Chinese law (sic.) 4. The Newchwang customs duties and likin to be collected tem- porarily by Russians and the Imperial commands awaited as to the application of such funds after a treaty has been signed between Russia and China. All other sources of revenue are to be under the control of the Tartar General. 6. The western roads of the province are at present disturbed and unsafe. Russian troops to be withdrawn from those parts so that traffic may be resumed. Newchwang being now closed by ice, the products of the southern roads, tobacco, hemp, beans and grain have no exit. The rail by Port Arthur can be used for their transport. 6. Russia may establish a Resident at Mukden and two Deputies for international business, who will transact such business in conjunction with the Chinese Deputies. 7. The duty of the Taotai of Newchwang is to control the customs. The Russian authorities are at present collecting the revenue of the Foreign Customs House. The Tartar General may order the Taotai to return and act in cooperation with them. 8. The disbanded Chinese troops for the most part took their weapons with them in their flight. The Russian military authorities ffThe original Convention bears date November 11, 1900. 201 202 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. need not send to search them out. The Tartar General will despatch officials in all directions to find them and so obviate any alarm to the populace. 9. The Tartar General has no plenipotentiary powers. The result of the negotiations of Prince Ch'ing and Grand Secretary Li Hung- chang must be awaited. Russia is desirous of a lasting peace. 10. The Tartar General Tseng Chi is to remain for four years in office in this province to reorganize public affairs after the late dis- turbances. No. 30. FKA:tfCE— RUSSIA. THE FRANCO-RUSSIAN DECLARATION.^ Mabch 3 (16), 1902. [Translation.] The allied Governments of Russia and France have received a copy of the Anglo- Japanese Agreement of the 30th Januar}" 1902,* concluded with the object of maintaining the statxis quo and the general peace in the Far East, and preserving the independence of China and Korea, which are to remain open to the commerce and industry of all nations, and have been fully satisfied to find therein aflSrmed the fundamental principles which they have themselves, on several occasions, declared to form the basis of their policy, and which still remain so. The two Governments consider that the observance of these princi- ples is at the same time a guarantee of their special interests in the Far East. Nevertheless, being obliged themselves also to take into consideration the case in which either the aggressive action of third Powers, or the recurrence of disturbances in China, jeopardizing the integrity and free development of that Power, might become a menace to their own interests, the two allied Governments reserve to them- selves the right to consult in that contingency as to the means to be adopted for securing those interests. St. Petersburg, March 3 (16), 1902. « British Parliamentary Blue Book — China, No. 2 (1904), p. .37. ^ See iupra, p. 97. 203 CHinsr^. CHARTERS, CONTRACTS, CONCESSIONS FOR RAILWAYS, MINING, ETC., REGULATIONS CONCERNING SAME, AND OTHER DOCUMENTS. AKBA17GED CHBONOIiOGICAIiLY. 205 No. 31. CHARTER OF THE RU8S0-CHINESE BANK.a Dbcember 10, 1895. (Extracts.) The original bears the following inscription: His Majesty the Emperor has deigned to sanction this Charter at Tsarskoe Selo on the 10th of December 1895. (Signed) A. EouLOBisiNE, Manager of Affairs of the Committee of the Siberian Raihoay, Part 1. oroanization and capital of the bank. §1. In virtue of the present Charter, a Joint-Stock Company is formed in order to found a Bank, for transacting commercial operations in the East- Asiatic countries, under the name of ''Russo-Chinese Bank." The Bank will transact the above operations through its branches, which will be opened in the above named countries, and through its agents. The Board of Directors of the Bank (§ 27) and the Managing- Directors (§ 34) will be domiciled in St. Petersburg where a special Russian branch will be established in order to ena])lo the Bank to place in Russia a part of its capital or funds temporarily unemployed; this branch will have the right to effect the transactions mentioned in Part II, § 14. * ♦ ♦ §2. The Board of Directors of the Bank has the right, in accordance with the decisions taken by the General Meetings of shareholders, which are held in St. Petersburg, and with the amortization of the Minister of Finance, to open branches in Russia and abroad where this may be necessary. The management and the transactions of each branch will be stipulated by the Board of Directors of the Bank with the approval of the General Meetings of shareholders on the exact « From Enj^lish version approved by the apjent of the Russian Ministry of Finance in London, M. Routkowsky. 207 208 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. basis of the present Charter. The operations of the branches of the Bank are guaranteed by the entire paid up Capital of the Bank, its reserves as well as by all its other assets. §3. The Bank is founded for an unlimited period. §4. The capital of the Bank is fixed originally at six millions Gold Roubles. This capital, formed by the issue of 48,000 shares of 126 gold roubles each, may be later on increased by means of new issues of shares of the same nominal value (125 gold roubles) to be decided upon by the General Meeting of shareholders and with the authoriza- tion of the Minister of Finance. Remark 1. — By the Capital of the Bank is understood the amount of money actually paid in. Remark 2. — In compliance with the decision taken by General Meeting of shareholders on the 27th of June 1898 and with the authorization of the Minister of Finance, the capital of the Bank has been increased from the 1st of January 1899 by Rs. 2,260,000 through the issue of 12,000 additional shares of a nominal value of Rs. 187,60 each. Remark 3. — In compliance with the decision taken by the General Meeting of shareholders on the 22nd of June 1902 and with the authorization of the Minister of Finance, the capital of the Bank has been increased by Rs. 3,760,000 — through the issue of 20,000 additional shares of a nominal value of Rs. 187,60 each. ♦ * * Pabt II. OPEBATIONS OF THE BANK. §14. The object of the Russo-Chinese Bank is exclusively to develop the commercial relations with the East- Asiatic countries. The Bank will have the right to transact in these countries through its branches and with the authorization of the governments of the respective countries, the following operations: 1.) The discount and re-discount of bills of exchange and other commercial papers maturing within one year. 2.) The purchase and the sale, for its own account and for the account of private persons and commercial firms, of goods and stocks of every description, as shares, bonds, etc. TREATIES AND CONVENTIONS Wlffl CHINA AND KOBEA. 209 Eemark. — The total amount of goods or securities not guaranteed by European States of prime order and purchased by the Bank for its own account, shall not exceed one quarter of the paid up capital of the Bank. 3.) The purchase and the sale, for its own account or on conmiis- sion for account of third parties, of precious metals in bullion or coin, of drafts, of transfers and of credits of every kind. 4.) The opening of subscriptions for public loans and for issues of bonds and stocks. 6.) The forwarding by sea, river and land of goods and the accept- ance of goods as collateral for advances made, the issue of warrants, in compliance with the conditions stated in 11 -b) section I of the present article. 6.) The acceptance of bills of exchange with or without guarantee, according to the rules specified in the remark to 11 -a) section I of the present article. 7.) The opening of accounts for the deposit of money for limited or unlimited time as Well as of simple current accounts. 8.) The deposits and safe keeping of all kinds of securities and other valuables against a fixed commission. 9.) The issue of bank notes in Taels, Dollars, Pounds Sterling and in other currency of the country, for an amount not to exceed the paid up capital and the reserves of the Bank. The said banknotes shall be issued to bearer and to be redeemed on demand by the Bank or by those of its branches which have issued same. Remark. — ^The bank must always have in reserve, an amount in cash not less than one third of the amount of banknotes in circulation. 10.) The collection of duties in the Empire of China, and the trans- actions relating to the State treasury of the respective place, the coin- age, with the authorization of the Chinese Government, of the country's money, the payment of the interest on loans, concluded by the Chinese Government, the acquisition of concessions for the construction of railways within the boundaries of China and the establishment of telegraph lines. 11.) The loans and the opening of credits for a term not exceeding one year; a) against the deposit of Government securities and parts, shares and bonds of private corporations at a valuation not exceeding 90% of their market value. Remark. — In special cases, the Bank shall have the right to open to its customers, credits without special guarantee, but upon condition that the total sum of such credits shall not exceed one half of the cap- ital (actually paid in) and of the reserve capital of the Bank, and that 27938-04 14 210 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. the opened credits shall not exceed a period of 4 months, at the expi- ration of which the Bank must, if the advances made are not refunded or guaranteed by collateral in conformity with the present Charter begin proceedings against the debtors to enforce payment. The member* of the Board or the managers of the branches of the Bank, to whom the Board of Directors shall have given the right in question, are respon- sible for the adoption of measures to carry this into eflfect. The Board has the right to extend in certain cases the said credits without special guarantee, for a term not exceeding one year. The rules, under which these extensions shall be granted, have to be sub- mitted to the approval of the Minister of Finance of Russia. h) against bills of lading, warrants, receipts of forwarding compa- nies, of railroad companies and of steamship societies, for goods not perishable or subject to easy depreciation, up to an amount not exceed- ing 80% of the value of these goods, upon condition that they should be insured for at least ro% above the amount of the loan and for a term exceeding at least one month the term of the loan, and on condition that the policies will be deposited with the Bank. Remark. — Advances against tea can be made up to 90% of its value. c) against deposit of precious metals not above their market value. d) against deposits of goods, not perishable or subject to easy depreciation, to an amount not exceeding 80% of their value, upon condition that they be stored in fireproof and perfectly safe ware- houses, that they be insured against fire for at least 10% above the amount of the loan demanded and for a period exceeding at least one month the term of the loan, that the policies be deposited with the Bank and that the rent of the warehouse be paid for a term which shall exceed by at least one month the oeriod of the loan against the goods. 12) The insurance of goods against fire and accidents. 13) The purchase and the sale of real estate for account of third parties. Remark. — The purchase and sale of real estate in China are only allowed in the places open to foreign trade. 14) Ev^ry other credit-operation not mentioned in the preceding sections of the present article and in conformity with the customs and laws of the respective countries but only upon unanimous decision of the Board of Directors with the approval of the Minister of Finance of Russia. * * * Part IX. GENERAL PROVISIONS. All misunderstandings, arising in the interpretation of the present Charter, shall be finally decided by the Minister of Finance, ^.fter hearing the report thereon of the Board of Directors. TBEATIB8 AND CONVENTIONS WITH CHINA AND KOBE A. 211 §67. In all cases not provided for in the present Charter, the Bank shall act in accordance with the Kussian laws now in force, or to be enacted, concerning joint-stock companies. §68. The Branches and agencies of the Bank situated in Asia are placed under the protection of the representatives of the Russian Govern- ment and submitted to the consular jurisdiction in the countries where this jurisdiction exists by virtue of treaties No. 32. RUSSIA. AGREEMENT BETWEEN THE CHINESE GOVERNMENT AND THE RUSSO- CHINESE BANK FOR THE CONSTRUCTION AND MANAGEMENT OF THE CHINESE EASTERN RAILWAY. IMPERLA.L SANCTION RBCSIVED BY THB ChINBSK EnVOY TO RuBSIA HstJ, DATED 29. August 1896. Agrbembnt signed September 8, 1896. [Translation from Chinese text.] 1. China and Russia establish a Company to be called the Chinese Eastern Railway Co. to construct and manage this Pormation of Railway. The Seal to be used by the Company will of DSSitor. '^ ** t)e issued by the Chinese Government. The regula- tions of the Company will be in conformity with those of Russian Railway Companies. Shares may only be bought by Chi- nese and Russians. The Director of the Company will be appointed by China. His remuneration will be provided for by the Company. He may live in Peking. His duty will be to supervise the task delegated to the Company by China, and to ascertain whether its obligations are faithfully performed. All business between the Company and the Chinese Government or any Chinese officials, either in Peking or the' provinces, will also be managed by the Director. The Director will also investigate from time to time the accounts of the Company with the Chinese Government. An agent must be stationed in Peking for convenience of consultation. 2. For the purpose of surveying the course of the railway, the Chi- nese Director will depute an officer to act in conjunc- Swrvey of route ^^^^ ^{^j^ f^^ Company's Engineer and the local officials along the line of route, who will arrange matters sat- isfactorily. Measures must be taken to pass round all houses, graves, villages, and towns on the course of the railway. 3. Within twelve months of the issue of an Imperial EJdict sanction- ing th is agreement, the Company must have commenced mencing and com- work on the railway; and within six years from the pieting construe- date of the completion of the survey for the line and ^^^' the handing over to the Company of the necessary land, the whole line must be completed. The guage of the line must be that of the Russian Railway i. e. 5 Russian feet equivalent to 42^ Chinese inches. 212 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 213 4. The Chinese Government will order all local oflScials concerned to do their utmost to assist the Company in regard L VlUUJJilV Ml assist to all material required for the construction of the railway, in engaging labourers and boats, carts, men and horses for transport purposes, and in the purchase of grain and fodder. All these must be paid for by the Company at market i-ates. The Chinese Government will also afford facilities for transport. 5. The Chinese Government will take measures for the protection staff Protec- ^^ ^^^ ^^^^ ^^^ ^^ ^^® ^^^ employed thereon. The tion, jurisdiction staff, Chinese and Foreign, necessary for the line will on leased land. ^^ engaged as required by the Company. All crimes and lawsuits arising on the land of the Company will be dealt with by the local officials in accordance with Treaty. 6. As regards the land required by the Company for constructing, managing, and protecting the line and adjacent land, how obtJned"* ' ^^^ procuring sand, earth, stones and lime, if the land be Government land, it will be given the Company without payment. If privately owned, the Company will provide funds for payment to the proprietors at market rates, either in one payment or as yearly rent. All the Company's land will be exempted from land tax. As soon as the land comes under the management of the Company, they may erect thereon any buildings and carry on all kinds of work, they may establish a telegraph line thereon worked by the Company 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 f?*tJ'^' ^^^ construction and repair of the line will be exempt from taxation. 8. All Russian troops, naval or military, and munitions of war, moved by the Russian Government by this railway, must be Enwian^^^oops' ^^^^^^7^^ ^7 *^® Company directly across the border, etc. ' Apart from slight detentions en route incidental to transfers, no other delays will be permitted for any causo. 9. Any foreign passengers by this line who may proceed into the interior away from the railway, must be provided with asspo . Chinese passports authorising them to proceed. Any person unprovided with such passports must be forbidden by the Company to proceed into the interior. Note. — 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 (xrand Secretary Li that "repair" and "manage- ment" were synonymous, and the word "managjement" 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 territory and again entering Russian territory by this line will be exempt ods'caiied* °' from taxation, but such goods and baggage, with the 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 ex^lSd^'or^^to- "^^^^^J Tariff i. e. an Import or Export duty as the ported over Une. case maj^ be, but subject to a reduction of i of 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 mi I om. p^jjjj^ where the line crosses the frontier. 11. Fares for passengers, freight for goods, and charges for loading Pares and or unloading will be fixed by the Company. Chinese flreights. Chinese Government despatches and letters must be carried by tioni earried at the Company free of cost. Chinese troops and muni- half rates, tions of war will be carried at half rates. 12. From the day of completion of the railway and the commence- ment of traffic, for a period of 80 years, all profit made to^to?*afto^o ^y *^® *'"® ®^^'^ belong to the Company solely. Any 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 commencement of traffic, China may take over the line on payment of the following & all capital and after'8e**ears^"** ^'' moneys owed on account of the line and 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^'ive mllliwi Treasury taels. No. 33. RUSSIA. STATUTES OF THE CHINESE EASTERN RAILWAY COMPANY.fl St. Pbtbbsburo, Dbcembeb 4/16, 1896. [Translation.] The Minister of Finances presented on the 8/ 20th December, 1896, to the Ruling Senate for publication a copy of the Statutes of the Chinese Eastern Railway Company, which were Imperially confirmed on the 4'16th December, 1896. Statutes of the Chinese Eastern Railway Company, formation of the company. §1. On the strength of the Agreement concluded on the 27th August/ 8th September, 1896, by the Imperial Chinese Government with the Russo -Chinese Bank, a Company is formed under the name of the '*" Eastern Chinese Railway Company" for the construction and working of a railway within the confines of China from one of the points on the western borders of the Provinces of Hei-Lun-Tsian, to one of the points on the eastern borders of the Province of Ghirin and for the connection of this railway with those branches which the Imperial Russian Government will construct to the Chinese frontier from Trans-Baikalia and the southern Ussuri lines.* The formation of the Company shall be undertaken by the Russo- Chinese Bank. With the formation of the Company all rights and obligations are transferred to it in regard to the construction and working of the line ceded in virtue of the above-named Agreement of the 27th August^8th September, 1896. o '* British and Foreign State Papers^'' Vol. LXXXVIII, p. 773, and Official Gazette (''BuOetin des Lois'") of the llth/2Srd December, 1896, No. 137. & Observation. — The Company is empowered, subject to the sanction of the Chinese Government, to exploit, in connection with the railway or independently of it, coal mines, as also to exploit in China other enterprises — mining, industrial, and com- mercial. For the working of these enterprises which may be independent of the railway, the Company shall keep accounts separate from those of the railway. 215 216 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. The Company shall be recognized as formed on the presentation to the Minister of Finances of a warrant of the State Bank certifying the payment of the first instalment on the shares. In any case such payment must be made not later than two months from the day of confirmation of the present Statutes. The succeeding instalments on the shares shall be paid in such orders of gradation that the shares shall be fully paid up at their nominal value not later than one year from the day of formation of the Com- pany. Owners of shares of the Company may only be Russian and Chinese subjects. TERM OF CONCESSION. §2. In virtue of the Agreement with the Chinese Government, the Company shall retain possession of Chinese Eastern Railway during the course of eighty years from the day of the opening of traffic along the whole line. OBLIGATION TOWABDS THE RUSSIAN GOVERNMENT. §3. In recognition that the enterprise of the Chinese Eastern Rail- way will be realized only owing to the guarantee given by the Russian Government in regard to the revenue of the line for covering working expenses as well as for effecting the obligatory payments on the bonds (§§11, 16), the Company, on its part, binds itself to the Russian Gov- ernment during the whole term of the Concession under the following obligations: — {a) The Chinese Eastern Railway with all its appurtenances and rolling-stock must be always maintained in full order for satisfying all the requirements of the service of the line, in regard to the safety, comfort, and uninterrupted conveyance of passengers and goods; (J) The traffic on the Chinese Elastern line must be maintained con formably with the degree of traffic on the Russian railway lines adjoining the Chinese line; (c) The trains of all descriptions running between the Russian Trans- Baikal and Ussuri lines shall be received by the Chinese Eastern Railway and dispatched to their destination in full complement without delay; (d) All through trains, both passenger and goods, shall be dispatched by the Eastern Chinese Railway at rates of speed not lower than those which shall be adopted on the Siberian Railway; (e) The Chinese Eastern Railway is bound to establish and main- tain a telegraph along the whole extent of the line and to conn^t it with the telegraph-wire of the Russian adjoining railways, and to receive and dispatch without delay through telegrams sent from one frontier station of the line to another, as also telegrams sent from Russia to China, and conversely; TKEATIES AND CONVENTIONS WITH CHINA AND KOREA. 217 (y*) Should, with the development of traffic on the Chinese East- ern Railway, its technical organization prove insufficient for satisfy- ing the requirements of a regular and uninterrupted passenger and goods traffic, the Chinese Eastern Railway shall immediately, on receipt of a notification on the part of the Russian railways to aug- ment its capacity to a corresponding degree, adopt the necessary measures for further developing its technical organization and the traffic on it. In the event of a difference of opinion arising between the above-mentioned railways, the Chinese Eastern Railway shall sub- mit to the decision of the Russian Minister of Finances. If the means at the conmiand of the Chinese Eastern Railway prove insufficient for carrying^ out the necessary work of its development, the Board of Management of the railway may at all times apply to the Russian Minister of Finances for pecuniary assistance on the part of the Rus- sian Government; (g) For all transit conveyance of passengers and goods, as also for the transmission of telegrams there will be established by agreement of the Company with the Russian Government for the whole term of duration of the Concession (§2), maximum tariffs, which cannot be raised without the consent of the Russian Government during the whole term above referred to. Within these limits the tariffs of direct communication both for railway carriage and telegrams will be fixed by the Board of Management of the Company on the strength of a mutual agreement with the Russian Minister of Finances; (A) The Russian letter and parcels post, as also the officials accom- panying the same, shall be carried by the Chinese Eastern Railway free of charge. For this purpose the company shall set apart in each ordinary pas- senger train a carriage compartment of 3 fathoms in length. The Russian postal authorities may, moreover, if they deem it necessary, place on the line postal carriages, constructed by them at their own cost; and the repair, maintenance (interior fittings excepted) as well as the running of such carriages with the trains shall be free of charge and at the cost of the railway. The above-mentioned engagements, by which, as already stated, the grant of a guarantee by the Russian Government is conditioned and the consequent realization of the enterprise of the Chinese Eastern Railway, shall be binding on the railway until the same, after the expiration of the eighty years' term of the Concession, shall without payment become the property of the Chinese Government (§ 29). The redemption of the line from the Company before the above-mentioned term in accordance with § 30 of the present Statutes shall not in any way diminish the effect of the above specified engagements, and these latter, together with the railway, shall be transferred to its new proprietor. I 218 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. In the same manner during the course of the whole eighty years term of the Concession (§ 2) the following privileges granted to the railway by the Imperial Chinese Government shall remain in force: — (a) Passengers' luggage, as also goods, carried in transit from one Russian station shall not be liable to any Chinese customs duties, and shall be exempt from all internal Chinese dues and taxes; (5) The rates for the carriage of passengers and goods, for tele- grams, &c., shall be free from all Chinese taxes and dues; (c) Goods imported from Russia into China by rail and exported from China to Russia in the same manner shall pay respectively an import or export Chinese duty to the extent of one-third less as com- pared with the duty imposed at Chinese seaport custom-houses. {(l) If goods imported by the railway are destined for convey- ance inland they shall in such case be subject to payment of transit duty to the extent of one-half of the import duty levied on them, and they shall then be exempted from any additional imposts. Goods which shall not have paid transit duty shall be liable to payment of all established internal barrier and likin dues. IMMUNITIES OF THE COMPANY IN REGARD TO RUSSIAN CUSTOMS DUES. § 4. In regard to the place of acquisition of materials for the require- ments of the railway, the Company shall not be liable to any limitations. If materials be obtained beyond the confines of Russia, they shall, on importation through Russian territory, be freed from payment of Russian customs duties. TECHNICAL CONDITIONS; PERIODS OF TIME FOR THE COMMENCEMENT AND TERMINATION OF THE WORK. § 5. The breadth of the railway track must be the same as that of the Russian lines (5 feet). The Company must commence the work not later than the 16th August, 1897, and conduct it in such a manner that the whole line shall be completed not later than six years from the time when the direction of the line shall be finally determined and the necessary land assigned to the Company. When tracing the line of the railway, cemeteries and graves, as also towns and villages, must as far as possible, be left aside of the railway. When effecting the connection, in accordance with § 1 of these Stat- utes, of the Chinese Eastern Railwaj^ with the Russian Trans-Baikal and South Ussuri lines the Company shall have the right, with a view of reduction of expenditure, of abstaining from building its own fron- tier stations and of utilizing the frontier stations of the above-named Russian lines. The conditions on which they shall be utilized shall be determined by agreement of the Board of the Company with the Boards of the respective railways. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 219 TARIFFS. § 6. The tariffs for the carriage of passengers and goods, as also for supplementary carriage rates, shall be determined by the Company itself, within the limits indicated in § 3. ORDER OF EXAMINATION OF LEGAL SUITS, AND THE ESTABLISHMENT OF RULES FOR RAILWAY CONVEYANCE. §7. Offences, litigation, &c., on the territory of the Chinese rjast- em Railway shalt be dealt with by local authorities, Chinese and Russian, on the basis of existing Treaties. In regard to the carriage of passengera and goods, the responsibility for such conveyance, the lapse of time for claims, the order of recov- ering money from the railway when adjudged, and the relations of the railway to the public shall be defined in rules drawn up by the Company and established before the opening of the railway traflSc; these rules shall be framed in accordance with those existing on Russian railways. MAINTENANCE OF SECURITY AND ORDER ON THE RAILWAY. §8. The Chinese Government has undertaken ° to adopt measures for securing the safety of the railway and of all employed on it against any extraneous attacks. The preservation of law and order on the lands assigned to the rail- way and its appurtenances shall be confided to police agents appointed by the Company. The Company shall for this purpose draw up and establish police regulations. FOUNDATION CAPITAL OF THE COMPANY. § 9. The whole amount of the capital of the Company shall be deter- mined according to the cost of construction calculated on the basis of estimates framed when the survey of the line was carried out. The foundation capital shall be charged with — (a) The payment of interest and amortization of the foundation cap- ital during the construction of the railway; (h) The purchase from the Russian Government of the results of the surveys of the direction of the railway to Manchuria, which were made by Russian engineers, the sum payable for these surveys being determined by agreement of the Russian Minister of Finances with the Company. The capital of the Company shall be formed by the issue of shares and bonds. «See supra, p. 213, par. 5. 220 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. SHABE CAPITAL. § 10. The share capital of the Company shall be fixed at 5,000,000 nomiDal credit roubles, and divided into 1,000 shares at 6,000 nominal credit roubles. The shares are to be issued at their nominal value. The guarantee of the Russian Government does not extend to them. BOND capital; GUARANTEE OF RUSSIAN GOVERNMENT ON BONDS. § 11. The remaining portion of the capital of the Company will be formed by the issue of bonds. The bonds will be issued as required, and each time with the special sanction of the Minister of Finances. The nominal amount and value of each separate issue of bonds, the time and condition of the issue, as also the form of these bonds, shall be subject to the sanction of the Minister of Finances. The Russian Government will guarantee the interest on and amortization of the bonds. For the realization of these bonds the Company must have recourse to the Russo-Chinese Bank, but the Russian Government reserves to itself the right of appropriating the bond loan at a price which shall be determined between the Company and the Bank, and to pay to the Company the agreed amount in ready money. GUARANTEE OF REALIZED BOND CAPITAL. § 12. As payments are received for bonds guaranteed by the Russian Government, the Company shall be bound to keep such sums, or interest bearing securities purchased with the same by permission of the Russian Minister of Finances, under the special supervision of the Russian Ministry of Finances. Out of the above receipts the Company shall have the right to make the following payments: — (a) According to actual fulfillment of the work in progress, and execution of orders, and at the time when various expenditure shall become necessary, such payments to be made on the scale and on the conditions specified in the working estimates; (b) During the construction of the line, of interest, as it becomes due, on the bonds issued by the Company, subject to the conditions of their issue, and the Company shall pay the sums necessary for the above purpose within the limits of the amount realized by it in the issue of its bonds. SHARES. I §13. On the payment of the first allotment on the shares, the founders shall receive temporary certificates on which subsequently, when the Board of Management of the Company shall have been TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBBA. 221 formed, the receipt of the further instalments on the shares will be inscribed. When the shares shall be fully paid up the temporary certificates issued to the founders shall be replaced by shares. The shares of the Company are issued to bearer, under the signature of not fewer than three members of the Board of Management. To the shares will be attached a coupon sheet for the receipt once yearly under them of any dividend that may be payable. On the coupon sheets becoming exhausted new sheets will be issued. A dividend on the shares out of the net profits of any year, suppos- ing such accrue, shall be payable on the adoption by the general meet- ing of shareholders of the Annual Report for that year, and the dividend shall be payable at the offices of the Company, or at such places which it may indicate. The Company shall notify for general information in the "Official Gazette" and in the "Finance Messenger," as also in one of the Chinese newspapers, the amount and place of payment of the dividend. BESEBVB CAPITAL. § 14. The reserve capital is destined — (a) For the capital repair of the railway, its buildings and appurte- nances; (b) For defraying extraordinary expenditure of the Company in repairing the railway and its appurtenances. The reserve capital of the Company is formed out of annual sums put aside from the net profits of the working of the railway (§ 17). The reserve capital must be kept in Russian State interest bearing securities, or in railway bonds guaranteed by the Russian Government. At the expiration of the term of possession of the railway by the Company the reserve capital shall be first of all employed in the pay- ment of the debts of the Company, including among them sums due to the Russian Government, if such exist; after the debts of the Com- pany shall have been paid, the remainder of the reserve capital shall be divided among the shareholders. In the event of the redemption of the railway by the Chinese Government the reserve capital becomes the property of the shareholders. NET REVENUE. § 15. The net revenue of the Company shall be the remainder of the gross receipts, after deduction of working expenses. Under these expenses are classed: — (a) General outlays, including assignments towards pension and relief funds, if such be established on the line; 222 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. {b) Maintenance of the StafF of the Board of Management, and of all the services; as also the maintenance of employes and labourers not on the permanent list; (c) Outlays for materials and articles used for the railways, as also expenditure in the shape of remuneration for the use of buildings, rolling-stock, and other various requisites, for the purposes of the railway; (d) Outlays for the maintenance, repair and renewal of the perma- nent way, works of construction, buildings, rolling-stock, and other appurtenances of the railway; (e) Expenditure connected with the adoption of the measures and instructions of the Board of Management for insuring the safety and regularity of the railway service; (/) Expenditure for the improvement and development of the rail- way, as also for creating and developing its resources. ADDITIONAL PAYMENTS BY THE RUSSIAN GOVERNMENT UNDER THE GUARANTEE, AND THE ORDER OF SETTLEMENT OF ACCOUNTS BETWEEN THE COMPANY AND THE RUSSIAN GOVERNMENT IN RESPECT OF THESE ADDITIONAL PAYMENTS. § 16. Should the gross receipts of the railway prove insufficient for defraying the working expenses and for meeting the yearly payments due on the bonds, the Company will receive the deficient sum from the Russian Government through the Russian Minister of Finances. The payments referred to will be made to the Company as advances, at a rate of interest of 6 per cent, per annum. Sums paid in excess to the Company in consequence of its demands and on account of the guarantee will be deducted from succeeding money pay^ments. On the presentation to the general meeting of shareholders of the annual report of the working of the railway for a given year the Com- pany shall at the same time submit to the general meeting, for confir- mation, a detailed statement of the sums owing by the Company to the Russian Government, with the interest that has accrued thereon. On the confirmation of this statement by the general meeting, the Board of Management shall deliver to the Russian Government an acknowledgment of the Company's debt, to the full determined amount of the same, and this acknowledgment, until its substitution by another, shall bear annually interest at the rate of 6 per cent. The acknowledgment above mentioned given by the Board of Man- agement to the Russian Government shall not be subject to bill or deed stamp tax. ^- » « * * * « Subjects of minor importance are dealt with in the following sections: — § 17. Distribution of net profits of the railway. TEEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. 223 § 18. Functions of Board of Management, the seals of which will be at Peking and St. Petersburg. § 19. Constitution of the Board, which is to consist of nine members elected by the shareholders. The Chairman is to be appointed by the Chinese Government; the Vice-Chairman is to be chosen by the mem- bers of the Board from among themselves. § 20. Order of transaction of the business of the Board. § 21. General meetings of shareholders and the subjects that shall come under their notice. § 22. Order of convening general meetings. § 23. Conditions under which general meetings shall be recognized as legally held. § 24. Participation of shareholders in proceedings of general meetings. § 25. Local management of works of construction. § 26. Local management of railway when in working order. § 27. Questions to be submitted for confirmation by Russian Minis- ter of Finances. § 28. Committee of audit. GRATUITOUS ENTRANCE INTO POSSESSION OF RAILWAY BY CHINESE GOVERNMENT. § 29. In accordance with the Agreement concluded with the Chinese Government, the latter, after the expiration of eighty years of posses- sion of the railway by the Company, enters into possession of it and its appurtenances. ^ The reserve and other funds belonging to the Company shall be employed in paying the money due to the Russian Government under the guarantee (§ 16) and in satisfaction of other debts of the Company, and the remainder shall be distributed among the shareholders. Any money that may remain owing by the Company to the Russian Government at the expiration of eighty years in respect of the guar- antee shall be written ofF. The Russo-Chinese Bank will incur no responsibility in respect of the same. RIGHT OF THE CHINESE GOVERNMENT TO ACQUIRE THE RAILWAY ON THE EXPIRATION OF THIRTY-SIX YEARS. § 30. In accordance with the agreement concluded with the Chinese Government, on the expii*ation of thirty -six years from the time of completion of the whole line and its opening for trafiic, the Chinese Government has the right of acquiring the line, on refunding to the a See supra, p. 214, par. 12. 224 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. Company in full all the outlays made on it, and on payment for every- thing done for the requirements of the railway, such payments to be made with accrued interest.* It follows as a matter of course that the portion of the share capital which has been amortized by drawing and the part of the debt owing to the Russian Government under the guarantee and repaid out of the net profits (§ 17) will not constitute part of the purchase money. In no case can the Chinese Government enter into possession of the railway before it has lodged in the Russian State Bank the necessary purchase money. The purchase money lodged by the Chinese Government shall be employed in paying the debt of the Company under its bonds and all sums, with interest, owing to the Russian Government, the remainder of the money being then at the disposal of the shareholders. a See supra, p. 214, par. 12.2. No. 34. BELGIUM. PEIONG-HANKOW (LU-HAN) RAILWAY OONTRACTS. May 27, 1897^uly 21, 1897. [Translation.] I. Loan for the Railway from Lu-kou-chiao to Han-kow. (Provisional) contract between the Chinese Railway Conapany and the Society financiere et industrielle beige en Chine, the following has been agreed upon: Article 1. The Chinese Government has granted a concession for the railway line from Lu-kou-chiao, near the city of Peking, to Han-kow, to the Chinese Railway Company which has already a capital of thirteen millions of taels. The said Company is authorized by the Imperial Government to negotiate a loan of four million five hundred thousand pounds sterling to be applied solely to the building and working of the line from Lu-kou-chiao to Han-kow; the provisions hereafter set forth must be observ^ed by the Chinese Railway Company as well as by the Soci^t^ financiere et industrielle beige en Chine. Article 2. Said loan, of a nominal value of four million five hundred thousand pounds sterling, with ten per cent discount, or a real value of four million fifty thousand pounds sterling, is agreed to by the Soci^tfi financiSre et industrielle beige en Chine. It will be paid in four installments of one million twelve thousand five hundred pounds ster- ling, representing the real value, and at the following dates: First payment: January 3, 1898, Second payment: July 3, 1898, Third payment: January 3, 1899, Fourth payment: July 3, 1899. These payments will be made into a Belgian bank of Brussels, chosen by the Chinese Railway Company which is at liberty to transfer this sum as it sees fit. 27938—04 15 225 226 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Article 3. The loan agreed to by the Soci^tfi financiSre et industrielle beige en Chine, shall bear annual interest of four per cent. Said interest shall be paid in January and July of each year. Article 4. The Chinese Railway Company agrees to reimburse the loan pro- vided for in the present convention, after the first ten years, in twenty annuities of two hundred and twenty -five thousand pounds sterling, payable yearly after January 3, 1909. The payment of interest and annuities will be made in China, into a bank designa,ted by the Soci^t^ financiSre et industrielle beige en Chine, and in conformity with the table of amortization annexed to the present convention. Article 6. With the authorization of the Imperial Chinese Government, the payment of interest and the refunding of the loan will be guaranteed by the railway line from Lu-kou-chiao to Han-kow as also by all the property and material connected therewith. It is understood that the guarantees given for the loan provided for in the present convention, are reserved for the subscribers to the present loan and that the guarantees given for subsequent loans can nowise prejudice that now granted the Soci^t^ financifere et indus- trielle beige en Chine. Article 6. Except in case of force major, the work of building must be fin- ished and the railway from Lu-kou-chiao to Han-kow put in opera- tion before the expiration of five years, that is to say of 1903. Article 7. The contracting parties may not invoke a state of war existing in any part of the world not to keep their engagements. If said state of war should exist in China, the Belgian staff shi.ll remain in the employ of the Chinese Railway Company, unless its assistance is asked for by the Imperial Chinese Government. Article 8. The Soci6t6 financifere et industrielle beige en Chine, shall choose an experienced, reliable and honest engineer to represent it and who shall be charged with controlling the technical work; he shall, further- more, be charged with drawing up plans and carrying them out under TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 227 the exclusive authority of the General Director of the Chinese Rail way Companj'-, under whose direct orders he shall be. This Control- ling Engineer will be under the absolute direction of the General Director of the Chinese Railway Company. The Chinese Railway Company reserves all rights of management of the railway. It will be responsible until the expiring of the present contract for the salary of this Controlling Engineer as fixed upon in agreement with the Soci^t^. financiere et industrielle beige en Chine. Article 9. The foreign staflf needed by the Chinese Railway Company for building and operating the line, during the life of the present con- tract, shall be chosen and presented by the technical Controlling Engineer representing the Society financiere et industrielle beige en Chine; it will be appointed by decision of the Director General of the Chinese Railway Company. The Chinese Railway Company is at lib- erty to settle for itself as regard its foreign staff, the form of engage- ment to be used, adopting long or short term contracts. All the staflf employed by the Chinese Railway Company and attached to the working of the line, with the exception of the Con- trolling Engineer, will be required to obey the Chinese delegates of the Director General of the Company and work harmoniously with all the Chinese and foreign staflf of other nationalities, chosen and appointed by the Director General to any position, and this in the interest of the Railway Company. If disputes arise between European and Chinese Agents, they shall be impartially settled by the Director General, aided by the represen- tative of the Belgian Company. The Director General of Chinese Railways shall always be at liberty to designate foreigners of whatever nationality to inspect the works under way; the Belgian Company shall never have the right to pre- vent it. Nevertheless, the duty of the persons so designated shall only consist in inspecting works and thej'^ shall never have the right to give orders to the staff employed in building and working the line. Such persons may likewise make reports to the Director General of Chinese Railways on the results of their inspections. The staff employed in building and operating shall furnish all neces- sary facilities to foreigners entrusted with an inspection, and that in the interest of the Chinese Railway Company. Article 10. In case one of the foreign employes referred to in articles 8 and 9, irrespective of duties, should through carelessness, incapacity, diso- bedience of the orders of the Director General, insubordination, 228 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. drunkenness, or bad conduct, be held to be unfit for the service, the Director General shall have the right to cancel the contract and the dismissed agent shall leave at once the service of the Chinese Railway Company. Article 11. The materials necessary for the Chinese Railway Company, exclusive of all that can be manufactured in China or of that that can be manu- factured there later on, shall be bought abroad. The Director General shall decide, in consultation with the Con- trolling Engineer, the amount of materials to ask bids on; said quantity, however, shall never exceed fifty per cent of that required. The award shall be made without any special favor for the Soci^t^ financiSre et industrielle beige en Chine. If this Company agrees to furnish at perfect equality of conditions as to quality, price and car- riage with those secured by the Chinese Railway Company, the Belgian Company shall have the furnishing of said materials; but if said Com- pany is unable to supply under the above-mentioned conditions, the Chinese Railway Company will make its purchase where it likes; the Belgian Company shall in no way prevent it so doing. As to the materials which cannot be divided in accordance with para- graph 2 of the present article (50 p. c. maximum asked for), if the Belgian Company agrees to furnish at perfect equality of conditions as to quality, price and carriage with those secured by the Chinese Railway Company, the furnishing shall be granted the Belgian Com- pany; in the contrary case, the Chinese Railway Company will buy where it chooses; the Belgian Company shall in no way prevent it so doing. The Chinese Railway Company reserves to itself the right to use all means it may deem good to inform itself as to the best prices for supplying all its materials, without the Belgian Company interfering in any way with its inquiries. Article 12. As a premium, the Chinese Railway Company will pay the Belgian Company a sum of five per cent, on the net value, less the cost of transportation, insurance, etc., on all materials bought abroad. The materials for the branch from Lu-kou-chiao to Paoting is not subject to the premium provided for in the present article because nearly the whole amount of said materials has already been bought. Article 13. The taking over of material bought in Belgium will be in the factories making it and by a commission consisting of a delegate of the Chinese Railway Company and of a delegate of the Soci^t^ \ TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 229 financifere et industrielle beige en Chine; in case of disagreement, these two delegates shall choose an umpire to decide the question. The expenses of the delegates shall be borne by the Company designating them. The expenses of the umpire shall be borne by the losing party. Article 14. The Soci^tfi financiere et industrielle beige en Chine and its chosen agent, shall deal with no other persons or accept any other authority than the Chinese Railway Company. ' The latter, on its side, shall only recognize the Soci^tfi financiere et industrielle beige en Chine, estab- lished at Brussels, in 1897, to the exclusion of every other company. During the life of the present contract, the Belgian Company shall in no wise be managed by manufacturers or subjects of other countries, and the Belgian Company shall not be at liberty to transfer this con- tract to any other country, nor to the subjects of another country. Article 16. If the provisions set forth in the present convention are regularly adhered to by the Chinese Railway Company, the Soci^t^ financiere et industrielle beige en Chine agrees, in case of necessitj' , to study means, in conjunction with the said Company, to secure to it special facilities for extending the terms of paying off the annuities and interest. In case extensions ate granted, the amounts which should have been refunded shall bear the same interest as that provided for the loan in the present convention. If the Chinese Railway Company wishes to refund the whole loan before the date on which it falls due, it will be at liberty to do so and the interest will cease from the day of such refunding, and the con- tract shall be declared void from that day. Article 16. All the above provisions are agreed upon in the provisional contract made this day; this provisional convention is signed by the Director General of the Chinese Railway Company on the one part, and stamped with his seal, and, on the other part, by the two representatives of the Soci^t^ financiere et industrielle beige en Chine, and visaed for authentication by the Consul of Belgium at Han-kow. Within two months from the date of signing of the provisional con- tract, the Chinese Railway Company and the Societe financiere et industrielle beige en Chine, will sign again so as to confirm the provi- sional contract which shall then become final. These formalities complied with, the contract shall receive the seals of Their Excellencies the Viceroys of Pechihli and of Hu-Kwang, and also that of H. Ex. the Minister of Belgium, at Peking. 230 TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA, Article 17. The present contract has been drawn up in the French and Chinese languages; when necessity arises for consulting the contract, the two texts, absolutely identical, shall both be authoritative. Done at Wuchang, the 27 of the month of May, 1897. The Chinese Railway Company being represented by H. Ex, Sheng- Hsuan-Huai^ its Director General, The Societe finandhre et imdustridle helge en Chine being representeL hy MM. Masy and Rizzardi, II. Additional Protocol to the contract relating to the loan for four million five hundred thousand pounds sterling for THE RAILWAY FROM HaN-KOW TO Lu-KOU-CHIAO. A provisional contract was made, at Wuchang, the twenty -seventh day of the month of May one thousand eight hundred and ninety seven (twenty-sixth day, fourth month, twenty-third year of the present reign) relating to the loan for the railway from Lu-kou-chiao to Han- kow. Between The General Company of Chinese Railways, established by Imperial decree of the twentieth October one thousand eight hundred and ninety six (fourteenth day, ninth month, twenty-second year of the present reign), and to which was granted, by the same decree, the concession for the said line, of the first part, And the Belgian Company, established by authentic act dated the third March one thousand eight hundred and ninety seven, published in the Moniteur Edge (official newspaper) of the twenty- second, twenty- third March one thousand eight hundred and ninety-seven, of the second part. This contract was authorized by Imperial decree of the twenty-fifth May one thousand eight hundred and ninety-seven, (twenty-fourth day, fourth month, twenty-third year of the present reign). The decree of that date will be communicated to H. E. the Minister of Belgium at Peking through the Tsung-li Yamgn. The Chinese Railway Company, represented by H. E. Sheng, its Director General, duly authorized for that purpose by the above men- tioned decree and the Belgian Company, represented by M. Alexis Dufourny, Chief Engineer, Director of the Fonts et Chauss6es at Brussels, and by M. Edouard Walin, First class Engineer of the Fonts et Chauss^es, Director of the intercommunal waterworks Company at Brussels, duly authorized, on their side, by the Belgian Company, authority confirmed by a telegram of H. E. the Belgian Minister at TBEATIES AND OONVENTIONB MTITH CHINA AND KOREA. 231 Peking, sign anew, in the name of the interested parties, the pro- visional contract according to the terms of article sixteen of the latter, so as to confirm it and make it final, and agree furthermore on the following: Article One. The above mentioned Belgian Company will make a complete study of the line from Han-kow to Lu-kou-chiao for the Chinese Ba-ilway Company; it undertakes to make the surveys, levelling, longitudinal and sectional cuts, to make all plans, drafts of masonry works, bridges, buildings, shops, stations and outhouses of whatever nature, as also the measurements and specifications, all charges for which are included in the forty-hundredths per cent, of additional interest mentioned hereafter in Article III. A similar study will be made for the rolling and fixed stock. But in conformity with article eight of the contract, the drafts and plans shall be successively submitted to the approval of the General Director. It is well understood that all these works are to be carefully done, without any omission ; they are not to occasion any additional expenses. Field work for the carrying out of the works must be finished within a year from the date of the conclusion of the last formalities of approval of the contract. They must be carried out with the neces- sary activity to permit of the embankment work being begun within six months of the above mentioned date. Article II. The Belgian Company surrenders its right to a premium on materials, conferred on it by article twelve of the contract, and therefore said article is considered as void. Article III. On the other hand, as compensation for the concessions mentioned above in Articles I and II, and to guarantee its expenses of organiza- tion, mission abroad and issuing (the loan), inclusive of all disburse- ments whatsoever relating thereto, and finally its general expenses during the whole time of the loan, the Belgian Company shall receive an increase of forty-hundredths per cent (four per thousand) on the rate of interest provided for in article three of the contract. This additional interest of four per thousand will be paid in the same manner as the yearly interest of four per cent; consequently the rate of interest of four per cent, together with all the general expenses, is raised, in effect, to four and forty per cent (4.40 p. c). No charge whatsoever in excess of this rate of interest shall be asked for. 232 TREATIES AND OONVENTIOlSrS WITH CHINA AND KOREA. Article IV. The payments provided for in article two of the contract shall be made into the Belgian Bank at Brussels, designated by the name of "Soci^t^ G^n^rale pour favoriser I'lndustrie Nationale", and the Chinese Railway Company will transfer (thereto) the sums paid into the Commercial Bank of Chink at Shanghai, organized by imperial decree under date of the twelfth November one thousand eight hundred and ninety-six (eighth day, tenth month, twenty-second year of the present reign). The payments of interest and annuities will be made in pounds sterling into the above mentioned Commercial Bank. Article V. It is understood that the guarantee of the railway line, referred to in article five of the contract, has absolutely priority of rank. Article VI. The present protocol shall be stamped with the seal of Their Excel- lencies the Viceroys of Pechihli and of Hu-Kwang, and also with that of H. E. the Minister of Belgium at Peking. The present protocol has been made out in four copies in the French and Chinese languages; both versions are equally authoritative. Done at Shanghai, the twenty-first of July one thousand eight hun- dred and ninety-seven. For the Chinese Railway Company, The Director General^ Sheng. For the Belgian Company, The ilrst class Engineer of Fonts et Chaussees^ Director of the Lvtercommunal Waterworks Company^ Walin. The Chief Engineer^ Director of Fonts et Chausseti^^ DUFOURNY, III. Loan Contract. Between the undersigned: 1**. Their Excellencies the Vicerovs of Chihli and of Hupeh, acting in virtue of full powers from the Imperial Chinese Government, duly authorized by decree of H. M. the Emperor of China, under date the 20 October 1896, of which communication has been officially made to the Representatives of Belgium at Peking, by despatch of the Tsung- li YamSn, under date of 2**. The Imperial Government of China, represented by H. E. Sheng Hsiian-huai; Dir^^ctor General of the Chinese Railway Company; TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 233 8^ The Chinese Railway Company^ represented by H. E. Sheng- Hsuan-huai, its Director General, And the Sodete d^ Etude de Chemvns defer en Chine^ represented by M. Eug&ne Hubert, engineer, Has been agreed the following: First Article. The Imperial Chinese Government has, in compliance with a decree dated the 20 October 1896, of which copy is annexed to the present con- tract, granted the concession of the line from Lu-kou-chiao (Peking) to Hankow (about 1,800 kilometers) to the Chinese Bailway Company, which has assets amounting to thirteen million taels. An edict of H. M. the Emperor of China has authorized Their Excellencies the Viceroys of Chihli and of Hupeh and H. E. Sheng Hsuan-huai, Director General of Chinese Railways, to contract, in the name and on account of the Imperial Chinese Government, a loan the product of which is destined exclusively to the building of the above mentioned line. This edict, bearing date the 20 October 1896 and of which a copy is annexed to the present contract, is worded as follows: '^ Edict of His Majesty the Emperor of China: ''In response to a request of Their Excellencies the Viceroys of "Chihli and of Hukwang, presented to His Majesty the Emperor of "China, an Imperial edict, bearing date of this day, authorizes the "organizing of a Railway Company and grants it the concession of "the line from Lu-kou-chiao (Peking) to Hankow. His Majesty the "Emperor authorizes the Railway Company to contract abroad a loan "the product of which shall be devoted in full to the building of said "line. "H. E. Sheng Hsuan-huai, under-secretary of State, is appointed "Director General of this new Company. " Peking, the 20th October 1896." In compliance with the terms of this edict, the Imperial Chinese Government, represented by Their Excellencies the Viceroys of Chihli and of Hupeh and the Director General of Chinese Railways, has decided to contract a State 5 p. c. foreign gold loan, of a nominal value of 112.600.000 francs (or 4.500.000 pounds sterling). This loan shall be known as the CKin&^e 5 p. c. 1898 Loan. Article 2. This loan will be represented by 225.000 bonds of 500 francs gold. These bonds, the text of which is annexed to the present Contract, shall be signed in the name of the Imperial Chinese Government by the Vicerovs of Chihli and of Hupeh and by the Director-General of the Chinese Railway Company. 234 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. They shall be issued in blocks of 1 to 5 bonds, in the proportion to be indicated by the Soci^t^ d'Etude de Chemins de fer en Chine and are to be manufactured at its expense. They shall bear 5 p. c. interest annually on the par value payable in gold. Interest shall accrue from the date of the payments and shall be payable the 1st September and the 1st March of each year. The first coupon is payable in gold at francs. Article 3. The loan shall be extinguished in twenty years, from the year 1909, by yearly drawings by lot {tirages an sort), which will take place at Brussels, in the offices of the Soci6t€ G^n^rale pour f avoriser Plndustrie Nationale, in conformity with the table annexed to the present. The drawings shall take place the second Tuesday of January each year: the first drawing shall take place on that date in 1909. The numbers of the bonds drawn shall be published in four news- papers at the expense of the Soci^tfi d'fitude des Chemins de fer en Chine. Article. 4. The bonds drawn shall be refunded in gold at their par value on the date on which falls due the next coupon. The bonds presented for reimbursement must have attached to them all the coupons remaining unpaid, and the amount of missing coupons will be deducted from the capital to be refunded. Interest on bonds ceases to accrue from the date set for reimburse- ment* Article 5. The Imperial Chinese Government denies itself the right before the 1st September 1907 to increase the amortization, to pay off the whole loan or to make a conversion of it. After that date it shall be at liberty to pay off the loan at any time before the terms of payment, and once the refunding made, the contract shall be declared annulled. Article 6. The coupons and the bonds {titres) redeemed {amortig) shall be pay- able in francs, in Europe in the office or offices designated by the Soci^t^ d'fitude and entrusted by it with the management of the loan. Article 7. Payment of interest and refunding of bonds of the present loan are guaranteed by the gross revenues of the Imperial Chinese Government. Furthermore, in virtue of an authorization already granted by the Chinese Government and in agreement with it, the Chinese Railway TREATIES AND CONVENTIONS WITH CHINA AND KOBKA. 235 Company declares that it specially assigns, preferentially for the pay- ment of interest and capital of the present loan, and consequently cedes and delegates in favor of said bonds all the net revenue of the line from Lu-kou-chiao (Peking) to Hankow, — after the regular pay- ment of all expenses of administration and operation, the whole, as is furthermore set forth in a treaty for operating (the line) concluded, between the Chinese Railway Company and the Soci^t6 d'fitude de Chemins de f er en Chine, treaty hereto annexed and forming an integral part of this contract. This assignment {affectation) is made exclusively and irrevocably until complete refunding of the bonds of the present loan. Article 8. The Chinese Railway Company directs the Soci^t6 d'Etude to deposit the funds from the net revenue of the traffic with the Soci^t^ G^n^rale pour favoriser I'lndustrie Nationale, established at Brussels, or with the company designated by it. This latter shall convert into gold, and to the best interest of the Imperial Chinese Government and the Chinese Railway Company, and up to the full amount of the sum necessary to insure the service of the loan at the following semi-annual payment, the deposits made with it by the Soci^t^ d'Etude empowered by the Chinese Railway Company to make them. m These deposits by the Soci^t^ d'Etude with the Soci^t^ G^n^rale Beige or the company designated by it shall continue to be made until the sum necessary for the full service of the loan at the date of the next semi-annual payment has been completed in gold, and in such manner that said service is insured three months at least before said semi-annual payment falls due. The depositories shall utilize these sums in the manner the most advantageous for the Chinese Company. The account on which these sums are borne shall be charged twenty days before date of semi-annual payment with the sum necessary for the service of the loan, interest, amortization, expenses and conmiis- sions. Article 9. The bank having received in deposit the funds shall have the right to take, without new authorization, from such funds on deposit, the amount of the coupons to be paid during the period of construction. Article 10. So as to insure the guarantee just mentioned for the bonds of the present contract, the Chinese Railway Company recognizes for these bonds a prior special lien on the railway from Lu-kou-chiao (Peking) to Hankow: line, stationary and rolling stock and receipts. 236 TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA. This special assignment is accepted in the name of « the bondholders by the Soci^t6 d'Etude. In case of non-execution of the obligations assumed by the Chinese Railway Company in the present contract, the Society d'Etude or the Belgian Company designated by it, shall have full power to enjoy as to said property all the rights and powers result- ing from said special assignment. Article 11. The preceeding provisions do not relieve the Imperial Chinese Gov- ernment from personal responsibility relative to the present loan, as this responsibility is specified in article 7. Consequently, the Imperial Chinese Government agrees to make up the necessary amount for the service, in gold, of the loan, in case the sums accruing from the net proceeds of the line from Lu-kou-chiao (Peking) to Hankow, and paid by the Soci^t^ d'Etude, entrusted with this service by the Chinese Railway Company, to the Soci^t^ G^n^rale Beige, or to the Company which it may designate, should not have reached, after their conversion in gold, and at least three months before the following semi-annual payment, the amount sufficient to cover said service. In this case, and upon the request maae xt, the imperial Chinese Government must hold at the disposal of the Soci6t6 G^n^rale Beige or of the Company designated by it 60 days^ before the next semi- annual payment, gold or securities deemed sufficient to realize the amount in gold, which the Company shall have notified the Govern- ment is necessary to complete the payment. Akticlb 12. Out of the sums coming from the payments made by the Soci^t^ d'Etude or the payments made by the Imperial Chinese Government, the Soci^t6 G^n^rale Beige or the Company designated by it, shall in due time place at the disposal of the Firms entrusted with the service of the loan, the necessary amounts, according to the needs as ascer- tained during the preceeding half-year. Article 13. The Imperial Chinese Government will pay to the Firms entrusted with the service of the loan, a commission of i per cent on the amount of paid coupons and a commission of i per cent on the amount of the bonds drawn or redeemed by anticipated reimbursement. The amount of this allowance shall be deducted every six months from the surplus of the available exploitation receipts, and, in case of insufficiency, it shall be immediatel}^ paid by the Imperial Chinese Government. TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 237 Article 14. ^ The Imperial Chinese Government binds itself by the present con- ventions to observe and cause to be observed the privilege stipulated in favor of the bonds in article 9, and to maintain, free and exempt from all tax whatsoever, the bonds and coupons, as well as all trans- actions of whatsoever nature connected with the service of the loan. Article 16. Coupons which shall not have been presented for cashing within five years following their falling due, shall revert to the Imperial Chinese Government; thirty years shall be the limit for redeemed bonds. On the death of any bondholder of the present loan, the bonds shall be transferred and shall belong to his heirs, according to the inheri- tance laws in force in the country of which the deceased bondholder was citizen. Payments of coupons and the redemption of bonds shall be made in time of war, as in time of peace, to the bearers whether they be subjects of friendly or hostile States. In case of loss, of theft or destruction of bonds of the present loan, the Chinese Government shall replace them, after having been fur- nished satisfactory proof of their loss or of the destruction of the title deeds and of the rights of the claimants. Article 16. The Imperial Chinese Government through its representatives in Europe shall immediately take the necessary steps and furnish the necessary documents for the official listing of the present loan in the Bourses of Brussels and Paris. Article 17. Out of the total amount of the present loan, representing as nominal capital a sum of 112,500,000 francs, the Soci^t6 d'Etude de Chemins de fer en Chine purchases outright {achate ferme) 39,000,000 francs of nominal capital, or 78,000 bonds of 600 francs, at 90 % , for the total sum of 35 million 100,000 francs, delivery to date from the payment to the banks designated in the following article. Article 18. The Soci^t^ d'Etude de Chemins de fer en Chine shall deposit the amount of this purchase, as follows: 8,600,000 francs in the Russo- Chinese Bank at Shanghai, and the remainder in a bank designated by common accord by the Director General of the Chinese Railway Com- pany and the Soci^te d'Etude and against receipt by the Russo-Chinese 238 TREATIES AND OOmTENTIONS WITH CHINA AND KOBE A. Bank in Paris of definitive, bonds for 78,000 bonds bought outright {achates ferme) and deposit in the same bank of the definitive bonds for 147,000 bonds forming the surplus of the loan. The Russo-Chinese Bank and the Bank designated by common accord b}^ the Chinese Railway Company and the Soci^t6 d'Etude shall credit the Chinese Railway Company with the sums deposited with them, it being understood that these depository establishments shall not be obliged to deliver these sums, except under the conditions and under the reservations indicated in undermentioned article 20. The depository banks shall use these sums to the best advantage of the Chinese Railway Company. Article 19. The Chinese Railway Company declares that it has resources amount- ing to thirteen million taels. The construction of the railroad from Lu-kou-chiao (Peking) to Hankow being limited provisionally to the section from Lu-kou- chiao (Peking) to Paoting (146 kilometers) and to the Hankow-Sin- yang section (247 kilometers) which must be constructed first; it is understood that the thirteen million taels above mentioned shall in the first place be applied to the construction and to putting in complete working order of the Lu-kou-chiao-Paoting section. The construction of the entire line (not including the Peking-Paoting section) shall be done under the direction of the Soci^t^ d'Etude de Chemins de f er en Chine or its representatives, but for the account of the Chinese Railway Company. The Soci^t^ d'Etude shall make the studies, plans, surveys, estimates for the whole line, direct the execution of all the work and order the materials, machinery and furniture necessary to insure the regular operation of the line. However, the Director General of the Chinese Railway Company reserves to himself the right to approve the build- ing plans and contracts for supplies. Except for supplies of materials and expenses of all kinds paid in Europe, the Chinese Railway Company must place at the disposal of the Soci^t6 d'Etude the necessary sums for setUing all payments with- out exception necessitated in the carrying out of the work, as well as the payment of the staff under the orders of the Soci^t^ d'Etude and, in general, all expenses whatsoever. Consequently the Soci^t6 (d'Etude) shall not be obliged to pay any expenses from its own funds. It shall endeavor to complete the construction of the line within three years. TEEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 239 Article 20. On the Hankow-Sinyang section and eventually on the other sec- tions between Paoting and Sinyang, the Russo-Chinese Bank in the first place and afterwards the bank designated by common accord by the Chinese Railway Conipany and the Soci6t6 d'Etude, shall deposit each month with the Chinese Railway Company, out of the available funds in their hands, the amounts necessary to settle the payments for the ensuing month, according to the estimates prepared by the Soci^t^ d'Etude or its delegates. A first transfer equivalent to the estimated value of the work already executed on the Hankow-Sinyang section shall be made as a first credit. The price paid for the above mentioned bonds being exclusively affected to the constiniction of the line from Hankow to Paoting, the Russo-Chinese Bank and the bank referred to in the first paragraph of the present article, would have the right not to pay the funds in case one of their payments were diverted from the purpose stipulated, as well as in case the representatives of the Soci^tfi d'Etude were not empowered by the Chinese Railway Company to continue the manage- ment of the construction works with which this company is exclusively entrusted. The balance, if there be one, shall be held subject to the order of the Chinese Railway Company. Article 21. The Chinese Government cedes to the Soci^t^ d'Etude an option till December 31, 1901, to purchase the surplus of the loan, to wit: 73,500,000 francs at 90 % nominal, plus the accrued fraction due on the coupon. This option can be availed of one or several times, without regard to the amortizations made, but each notice must be for a sum not less than 25,000,000 francs net. The delivery of the bonds taken on the options shall be to the Russo- Chinese Bank in Paris; the final bonds shall be delivered within a month dating from the telegraphic notification to the Management of the Chinese Railway Company. The price of these bonds shall be deposited in the bank designated, by common accord, by the Chinese Railway Company and the Soci6t€ d'Etude, and it shall not surrender them except under the conditions stipulated in the above article 20. Article 22. If the Soci^t^ d'Etude takes advantage of the right granted it to purchase all or part of the bonds on which it holds an option, it shall each time confer with the Chinese Railway Company to determine upon the sections (of line) to be built with its new funds. 240 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Article 23. The surveys of the line, dating from the signing of the present con- tract, are to be made at the expense of the Chinese Railway Company; the Hankow-Sin3'ang sections shall first be surveyed, and then succes- sively each of the other sections, for building which an agreement may be had before the Soci^t^ d'Etude avails itself of the right of option conceded it by Article 21. It is henceforth understood that the section to be built with the funds derived from the first option shall be the one from Paoting towards the Yellow River, and the survey shall be begun during the first j^ear. Article 24. La Soci^t6 d'Etude reserves the right to make one or more issues, by public subscription or otherwise, of all or any part of the bonds whether bought outright {aclieteea ferme) or included in the option. Should the issue be by public subscription, the Soci^t^ d'Etude shall have the right to include in the total offered for subscription, exclusive of the 78,000 bonds taken outright {prises femie)^ all or any part of the bonds covered by the option, without on that account being committed to take outright {prendre fermi) any part whatever of the bonds covered b}' the options. It shall be allowed fifteen days, counting from the closing of the public subscription, to inform by registered telegram addressed to His Excellency Sheng, Director General of the Chinese Railway Company at Shanghai, the number of bonds it has taken, and that, at the price and under the conditions above specified. The payment and the delivery of the bonds taken by the Soci^t6 d'Etude following the public subscription shall take place under the conditions specified in the above mentioned articles. Article 25. The present contract shall only be binding on the Soci^td d'Etude inasnmch as it shall have the promise that, with the exception of what can be supplied by the Hanyang works, all the materials and supplies necessary for the construction and working of the railroad from Lu- kou-chiao (Peking) to Hankow will be ordered from the Soci^t^ d'Etude, which will fill the orders under the best possible terms. Exception is made for the material necessary for the equipment {armenient) of the line from Lu-kou-chiao to Paoting, as this material is almost entirely ready. Compliance with the provisions of this clause by the Chinese Rail- way Compan}^ shall result from the ordering of material for each of the sections undertaken. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 241 Material ordered from the Soci6t6 d'Etude shall be exempt from all customs and likin duties on entering or crossing Chinese territory. If this franchise is not made good before the expiration of the month following the date on which the Belgian Government shall have notified the Soci^t^ Beige of the receipt of the notifications stipulated in article 29, it (the Soci^t^ d'Etude) reserves the right not to hold itself bound. It reserves the same right and within the same time if extraordinary events should arise, as for instance war, or if the French Debt {rente frangaise) should fall below par. If, on its side, the Soci6t6 Beige should not keep the terms of the present contract, it shall be annulled; the Chinese Railway Company shall be free to enter into contract with whomsoever it may see fit, and to dispense with the services of the Engineer-in-chief. Article 26. In case of controversies or differences between the Soci6t6 d'Etude or its representatives and the Imperial Chinese Government or the Chinese Eailway Company, these controversies or differences shall be submitted to the judgment of a member of the Tsung-li-Yamgn and the Belgian Minister in China. In case of disagreement between these latter, the Tsung-li-Yamgn and the Belgian Minister shall designate an arbitrator who shall decide finally. Article 27. As guarantee for the financial execution of the present contract, the Soci6t6 d'Etude has already deposited in the Russo-Chinese Bank 20,000 pounds sterling as security. It shall take full possession of this sum as soon as it shall have ful- filled the provisions stipulated in the first two paragraphs of article 18 here above. It is understood .that the payment of 8,600,000 francs to the Russo- Chinese Bank at Shanghai must be made within the month following the date of the signing of the present contract. Article 28. The Tsung-li-Yam6n shall be bound in case the Belgian Minister at Peking request it to give cognizance of the title to the Minister of the foreign country, indicated by him, rfs subscriber to the issue of stock. « a Si le Ministre de Belgique k P^kin en faisait la demande au Tsung-li-Yamen, celui-ci, serait tenu de notffier le titre au Ministre du pays Stranger qu*il lui d^signe- lait, comme prenant part ^ la souscription des titres. 2793&-04 16 242 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Article 29. The present contract is made in triplicate, one copy for the Chinese Government, one for the Chinese Railway Company and the third for the Soci6t6 d'Etude de Chemins de fer en Chine. In case of doubt or disagreement, the French text alone shall be used to interpret the contract. The present contract must be submitted through the proper channel for Imperial Sanction, and when said Sanction has been obtamed, the Tsung-li-Yamen must advise the Belgian Representative at Peking by official dispatch and eventually the Representative in Peking of the foreign country to whom it may give cognizance of the title (le Rep- resfintant h Pekin du pays Stranger auquel le titre sera notifie). These formalities shall be complied with within the month following the sign- ing of the contract. The provisions of the contract signed at Wuchang the 27th May, 1897, and of the protocol signed the 21st July, 1897, which do not conflict with the present contract, especially those of article 14 of the Wuchang contract and article 2 of the Shanghai pro- tocol, are and remain in force. The Soci^t^ G^n^rale of Brussels and the Russo-Chinese Bank are parties to the present contract, and they, after having examined the preceding contract, declare that they, as far as necessary, accept the duties imposed. According to Article 14 of the above mentioned Wuchang contract, the Chinese Railway Company will only recognize the Soci^tfi Beige as contracting party. Done at Shanghai, the twenty-sixth day of the month of June, one thousand eight hundred ninety-eight. The Engin-eer representing the Societe cP Etude de Chemms de fer enChine^ The Director General of the Chinese Railway Company^ The Representatives of the Imperial Chinese Government: The Viceroy of Hupeh, The Viceroy of Chihli. OPERATING CONTRACT. BETWEEN THE UNDERSIGNED: 1°. The Imperial Chinese Government, represented by Their Excel- cies, the Viceroys of Chihli and of Hupeh; 2°. The Chinese Raihcay Compfiny^ represented by His Excellency Sheng Hsuan-huaT, its Director General, OflBce of the Company at Shanghai; And the Societe d^ Etude de Chemins defer en Chine^ whose office is at Brussels, Has been agreed as follows: TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 243 Article 1. The Chinese Railway Company, in accord with the Imperial Chinese Government, entrusts the Soci^tS d'Etude de Chemins de f er en Chine, which shall appoint representatives for that purpose, with the direc- tion, administration, and operating of the line from Hankow to Lu- kou-chiao (Peking), for which it holds a concession, under the terms of an edict of His Majesty the Emperor of China dated October 20, 1896, and of which a copy is annexed to the present contract. Article 2. The Soci^t^ d'Etude shall take over the working of the line as soon as each section is completed, following final acceptance by the Imperial Administration of Chinese Railways. Each section must be com- pletely and previously equipped and provided with all the material necessary for its working, as well as with the supplies of tools, furni- ture and a fund for running expenses. The Soci^t6 d'Etude or the rep- resentatives it shall appoint under the provisions of Article 1, shall organize the various services, shall have the right to hire the person- nel, which it shall have absolute right to dismiss, or disband, and to fix its salaries according to a fixed schedule previously communicated to the Director General of the Chinese Railway Company. It shall make all purchases necessary for operating, maintaining or repairing the road; it shall fix the schedule of rates in the terms of concession contracts, collect revenues of all kinds and pay the operating and management expenses of the Company. The foregoing measures, taken for the purpose of operating the line, shall be submitted, for consultative purposes, to the Director General of Chinese Railways. The Chinese Railway Company, which will appoint delegates for that purpose, shall have absolute right of control over the receipts and expenses. The purchase of all new material or works for the improvement or extension of the regular road, or of stations, which may be found necessary after the opening of each section of the line to traflBc, shall be at the sole expense of the Chinese Railway Company. As far as pos- sible the supplies necessary for the maintenance and repairing of the road shall be ordered from the works and mines under the control of the Director General of the Chinese Railway Company. Article 3. In case of war or revolution in China, the transportation of troops, munitions and of the supplies of the Chinese army shall have right of way over all commercial transportation. The rate for such transpor- tation shall be 50 per cent of the tariff; and it shall be carried according 244 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. to the instructions of the Director General of the Chinese Railway Company. The transportation of anything of nature to injure the Imperial Chinese Government shall moreover be forbidden. Article 4. Out of the receipts from operation available, after payment of all expenses, the Soci^t^ d'Etude shall retain the necessary sum to insure the payment, every six months, and at least three months before its date of pa^'ment, of the service of the loan of 112,500,000 francs con- tracted by the Imperial Chinese Government. This reserve shall be made as long as said loan is not entirely paid off. The amount of this reserve shall be deposited monthly with the Soci^t^ Gen6rale Beige pour favoriser I'lndustrie Nationale, or with the Company designated by it. The latter shall convert into gold on the best terms procurable, the sums paid to it for the service of the loan. When, by means of the sums thus paid in, the service in gold of the loan shall have been insured, the Soci6t6 d'Etude shall deduct 10 % of the surplus, which shall be applied to the creation of a reserve fund for rebuilding or making extraordinary repairs necessary to ""insure the working of the lines. It shall then pay the balance remaining available out of the operat- ing revenues to the Chinese Railway Company. Article 5. The duration of the present operating contract is fixed at thirty years dating from the signing of the contract. However, this period would be fully entitled to extension in case the loan of 112,500,(X)0 francs should not at that time be wholly paid off; this extension would continue as long as the complete amortization had not been made. But if the refunding of the loan should be made before the dates on which they fall due, the present working contract will be annulled from the date of the total refunding of the loan. Article 6. During the entire period of the working of the line by the Soci^t^ Beige, the Chinese Railway Company grants it 20 % of the net profits of the railroad from Peking to Hankow, as agreed upon by mutual consent, after the closing of each fiscal term {exeroice)^ taking into account, naturally, the sums necessary for the service of the interest and the amortization of the loans. Article 7. In case of contentions or disagreement between the Soci^t6 d'Etude and the Management of the Chinese Railway or the Imperial Chinese TBEATIES Ain) CONVENTIONS WITH CHINA AND KOREA. 245 Goyernment, said contentions and disagreements shall be settled as specified in article 26 of the loan contract. Article 8. If the revenues from operating the lines are not sufficient to cover the expenses, the Chinese Kailway Company must supply the Soci^t^ d'Etude with the necessary means to insure the operating of the lines under normal conditions. Article 9. All materials and supplies needed by the Soci^t^ d'Etude for the working of the line, as well as for the maintenance and repair of the line, shall, when imported from abroad, be exempt from all customs orlikin dues. Article 10. The present contract is made in triplicate; one copy for the Imperial Chinese Government, one for the Chinese Railway Company, and the third for the Soci^t^ d'Etude de Chemins de fer en Chine. In case of doubt or disagreement the French text shall alone be accepted for the interpretation of the contract. The present contract must be submitted through the proper chan- nel for Imperial sanction, and, when said sanction shall have been obtained, the Tsung-li-Yamgn must advise, b}^ official dispatch, the Belgian Representative at Peking and eventually the representative at Peking of the foreign Government to which the title may be officially notified (auquel le titre sera notifie). Done in Shanghai, the twenty-sixth of the month of June eighteen hundred ninety-eight. The Engineer representing the Societe d'^EUide de Chemins de fer en Chine^ (s.) Hubert. The Director- General of the Chinese Railway Company^ (S. ) ShENG-HsC AN-HUAI. Seen for authentication: Witnesses: (s.) Fr^re, (s.) Hu. Belgian Consul, (s.) Ko. (Official seal of the Chinese Railway Administration.) The Representatives of the Imperial Chinese Government: The Viceroy of Hupeh^ The Viceroy of Chihli^ 246 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. LETTER OF HIS EXCELLENCY SHENG RELATIVE TO THE ARBITRA- TION clause; Ihperlll Administration of Chinese Railways, Shanghai, June 26, 1898. As the contentions and disagreements referred to in Article 26 of the loan contract and in Article 7 of the operating contract relating to the Railway from Hankow to Peking, may relate to interest and the amortization of the loan, the undersigned Sheng Hsuan-huai, Director General of the Chinese Railway Company, duly authorized thereto by the Tsung-li YamSn, declares, from the present date, that the arbi- trator to judge finally all such contentions and disagreements, will be the Minister at Peking of the foreign country which shall have taken part in the subscription for the loan, [Official Seal of the Chinese [s] ShENG HstJAN-HuAI, Railway Administration.] Direct(yr General ofRaUwwys. LETTER OF HIS EXCELLENCY SHENG RELATIVE TO THE PREFEREN- TIAL RIGHT TO THE HANKOW-CANTON LINE. Imperial Administration of Chinese Railways, Shanghai, June 26, 1898. The undersigned, Sheng-Hsuan-huai, Director General of the Chi- nese Railway Company, declares that he reserves to the Soci6t6 d'fitudes des Chemins de fer en Chine, a preferential right as regards the railway to be built from Hankow to Canton, in case the pro- visional contract, a^ dravm up in Washington between His Excellency Sheng and the American Syndicate (Carey- Washburn), should not become a definitive one. It is well understood that this preferential right is granted to the Soci6t6 d'Etudes des Chemins de fer en Chine, under the terms of Ai-ticle 14 of the Wuchang contract, which formally prohibits the Soci^t^ Beige d'fitudes des Chemins de fer en Chine from transferring any of its rights to any company of foreign nationality. [Official seal of the Chinese [s] ShENG-HsCAN HuAI, Railway Administration.] Dvrect(rr General of Railways. TREATIES AND OONVENaiONS WITH CHINA AND KOREA. 247 PREFERENTIAL RIGHT OF THE BELGIAN SYNDICATE TO BUILD HANKOW-CANTON RAILWAY. In connection with the letter of Sheng Hsuan-huai given above and relating to the preferential right of the Belgian Syndicate to build the Hankow-Canton railway in case the contract made with the American China Development Company should not become definitive, the following dispatch from the British charg^ d'affaires in Peking to Lord Salisbury, and published in the British Parliamentary Blue Book, China^ No, 1 (1900) pp. 165-156, is of interest. Mr. Bax-Irgnside to the Marquess of Salisbury. [Extract.] Peking, May 15^ 1899. I had the honour to receive a telegram from your Lordship on the 28th ultimo, informing me that the prospectus issued by the Belgian Syndicate for the Peking-Hankow Railway Loan states that the Syn- dicate have a preferential right to the Hankow-Canton line in the event of the Contract with the American Syndicate not being finally arranged. Your Lordship also inquired whether the Chinese Government had ever communicated the text of the Peking-Hankow Agreement in accordance with an undertaking which they had previously given us. At an interview which had already been arranged for the following day with the Tsung-li Yamfin, I took the opportunity to inquire whether the statement issued in the Belgian prospectus was a correct one. The Ministers had no knowledge of any such arrangement. I pointed out that, according to published reports, the American Syndicate had a preferential right to the Peking-Hankow line if nego- tiations with the Belgian Syndicate fell through. The Ministers expressed themselves equally ignorant of this aiTangement. On the following day I sent two members of the staff to carefully compare our copy of the Chinese text with the original one in the possession of the Tsung-li YamSn, with the result that the comparison showed no material difference. The Secretaries of the YamSn stated that they had no copy of the French text which is the standard in case of dispute. On the 6th instant I addressed an official note to the Tsung-li Yam@n requesting to be informed whether such an arrangement as stated in the prospectus had been made, and their Excellencies replied in the negative. Copy of my note, together with the reply thereto, are herewith inclosed. 248 TREATIES AND CONVENTIONS WITH CHINA AND KOBBA. [Indosure 1.] Mr. Bax-Ironside to the Tsung-u-YamAn. Peking, May 6, 1899. MM. LES Ministres, On the 29th April I called at the YamSn and referred to the Agree- ment made on the 26th June last year with the Belgian Syndicate for the Peking-Hankow Railway. 1 mentioned that in the prospectus issued by the Belgian Syndicate it was stated that China had promised that if the American Agreement for the Hankow-Canton line fell through, the Belgian Syndicate would be intrusted with the construc- tion of that line. Your Excellencies informed me that there was no such stipulation in the Agreement of twenty-nine Articles, or the Supplementary Agree- ment of ten Articles made with the Belgian Syndicate for the Peking- Hankow line. I have heard, however, that the promise referred to was given sub- sequently to the settlement of the aforesaid Agreements, and 1 have the honour to request your Highness and your Excellencies to inform me whether such an Agreement has been made. (Signed) H. O. Bax-Ironside. [Inclosure 2.] The Tsung-ij Yam^n to Mr. Bax-Ironside. [Translation.] Sir, Peking, May 10, 1899. On the 6th instant we received your letter to the effect that in the prospectus issued by the Belgian Syndicate it is stated that China has promised that in the event of the abandonment of the American Con- tract for the Hankow-Canton Railway the Belgian Syndicate will be intrusted with the construction of that line. You added that 3^ou had heard tha;t this promise was given subsequentlj^ to the settlement of the Belgian Agreement, and you inquired whether such an arrange- ment had been made. We have the honour to inform j^ou that neither the Belgian Agree- ment in twenty-nine clauses nor the Supplementary Agreement in ten clauses contains any such stipulation, and that there has been no sub- sequent arrangement of any kind. We have, &c. (Cards of their Excellencies the Ministers inclosed.) No- 35. CHINA. IMPERIAL EDICT ESTABLISHING BUREAU OF CONTROL OF RAILWAYS AND MINES. April 2, 1898. [TranHlatlon.j Railways and mines are nowadays the most important enterprises in this Empire. We have already had the Tientsin-Shanhaikuan and the Tientsin-Peking railways built and in regular working order for some time past, while steps are now being taken for raising funds to build the Shanhaikuan extension to the Taling River (Niuchwang and vicinity). As for the Canton-Hankow and Hankow-Peking lines, full control had been granted the Head Commercial Company to find ways and means for the construction of these railways, and matters appear to be now taking definite shape in this connection. Then as to mines, we have the Kaiping Colliery and the Muh6 (Amur) gold mines as the most successful, so far, among the many mining enterprises embarked upon, and we have already further com- manded those in control to seize every opportunity to extend the works of the two mines above noted. We are, however, apprehensive, in view of the number of provinces in the Empire and the various conditions of men who will attempt to open mines of all sorts in the future, that a diversity of methods and ensuing confusion will be the result, which would, of course, be detri- mental to the principal object we have, of getting the fullest advan- tages obtainable out of each and every undertaking in this direction. It is therefore highly important that there should be a central bureau to direct, under a single system, the working and exploitation of mines and railways in the Empire, and we hereby command that a Bureau of Control for Railways and Mines be established in Peking, to the chief commissionerships of which We now specially appoint two ministers of the Tsungli Yam^n, namely, Wang W6n-shao and Chang Yin-huan. The said Chief Commissioners shall from henceforth have special control over the opening of mines and construction of railways throughout the Empire, and companies formed for the above purposes will in future be required to apply to the said Commissioners for per- mission and guidance in their operations. 249 No. 36. FRANCE. CONCESSION OF RIGHT TO BUILD RAILWAY FROM TONGKING TO YCN-NAN— LEASE OF KUANG-CHOU-WAN— CHINESE POST-OFFICE STAFF.« M. DuBAiL, Charge d'affaires of the French Republic to the TSUNG-LI YAMfeN. [TranHlation.] Peking, 9th Aprils 1898. In pursuance of our interviews, and in execution of the formal instructions of the Government of the Republic, which has furnished me with special powers, I have the honour to ask your Highnesses and your Excellencies to acquiesce in the following terms designed to draw closer the bonds of friendship and neighbourliness which unite the Chinese Empire to the French Republic: — Ist. The Chinese Government grant to the French Government, or to the French Company, which the latter may designate, the right to make a railway from the frontier of Tonking to Yun-nan-fu; the Chi- nese Government having no other responsibility {cJuj/rge) but to furnish land for the road and its dependencies. The route {trace) of this line is actually surveyed {etudie)^ and will be fixed later on in agreement with the two Governments. Regulations will be jointly made. 2nd. The Chinese Government, in consideration of its friendship for France, leases the bay of Kuang-chou-wan, for 99 years, to the French Government, which may establish a naval station and coal depot there. The boundaries of the Concession will be fixed here- after by agreement between the two Governments, after examination on the spot. The question of rental will be arranged later on. 3rd. When the Chinese Government organizes a definite Postal Service and places a high functionary at its head, it proposes to call for the help of foreign officers, and declares itself willing to take account of the recommendations of the French Government in respect to the selection of the staflf. I beg your Highnesses and your Excellencies to be good enough to acknowledge receipt of this despatch by an identical letter which will constitute the agreement of our two Governments. The two docu- ments will serve as a Convention. G. DUBAIL. a Documents DiplomcUiques, Chine, 1894-1898 y p. 50-51. The lease of Kuang-choa- wan was concluded by the Convention of May 27, 1898. See supra, p. 65, No. 11. 250 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 251 The Tsung-li Yam^n to M. Dubail, &c. (Peking,) 10th April, 1898. On the 9th April, 1898, we received from Your Excellehcy the fol- lowing despatch: (Despatch quoted as above.) As it is said in the dispatch which you addressed to our YamSn that these three requests are destined to draw closer the bonds of friend- ship which unite us, we are able to acquiesce in them. China and France ought to strengthen the good relations which exist between them, and avert forever any cause of conflict. It is our duty to address this answer to Your Excellency, in order that you may transmit it to your Government. {Signatured of the President No. 38. FRANCE. CONCESSION FOR BUILDING A RAILWAY FROM PAKHOI TO THE WEST RIVER.« M. Hanotaux to M. Pichon. [Translation.] (Pams,) ^ May^ 1898. The recent reports of our Consular Agents show the interest we have in developing means of access {voiea de penet7'ation) 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 fixed upon on the course of the West River: 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 DipUymatiques, ChinCj 1894-1898^ pp. 53, 54. 280 No. 39. GREAT BRITAIN. CONTRACTS FOR THE SHANGHAI-NANKING RAILWAY. 1. Preliminary Agreement, signed May 13, 1898. 2. Final Agreement, signed July 9, 1903. I. PRELIMINARY AGREEMENT FOR BUILDING A RAILWAY FROM SHANGHAI TO NANKING. Signed at Shanghai May 13, 1898. This preliminary agreement is made between Sheng Tajen Director General of the Chinese Imperial Bailway Administration acting under authorit}^ of the Imperial Chinese Government of the one part and the British Firm of Jardine, Matheson & 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 Bailway 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 signing of a final agreement and is designed to raise the capital for building which the said Sheng Tajen is authorised b}^ 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 4^% (four and one-half per cent) on the nominal principal issued by the Syndicate and shall 281 282 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. be paid by the S}' ndicate 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 the said inter- est shall be provided by the said 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 yefl-rs 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. 5. The total half yearl}' 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 pa3'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 for 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 Railwa}^ Administration and these Bonds shall be sealed or signed by the Minister for China in Lbndon 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 1-evenue 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 IMict; one copy to be retained by the Railway 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 Railway 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. Tha 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 annuall}'^ 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 shares one to be paid to or retained by the said Syn- dicate and the othrers 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 the 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 Railwa}'^ 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 OflScials. 16. The Syndicate will on completion of a survey report map and estimate (to be approved b}'- the said Director-Geneml) 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 but 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 Railwa}^ 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 remit- 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 sufficient for the complete construction of the lines now undertaken b}^ the Railway Administration, a clause giving satisfactor}^ security is to be mutuall}' agreed to before signature of the final agreement. 20. The provisions of a final agreement shall immediatel}" after sig- nature and before the issue of any prospectus of the loan be confirmed and sanctioned b}' an Imperial notification which shall be 6fficially 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 equall}- suitable shall have preference, defects in samples rendered being pointed out by the Chief Engineer in order that suitable material ma}^ 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 Railwa}^ Administration wish to extend their lines that the Syndicate shall have the option of undertaking extensions on like terms for Railwaj^s designed to run in connection with those herein mentioned subject to Imperial EMict 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 Sj^ndicate 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 Railwaj^ Administration agrees to memorialize the Throne for peimission to allow the Syndicate to carr}- out tho 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. 26. This preliminary agreement is signed by the Director General of the Imperial Chinese Railway Administration who will in case there should arise local difficulties 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, DIRECTOR 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 Bailway 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 Coi-poration, 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 S3'ndicate, 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 luilways in various parts a Decree 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. Article 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 Bonds are to be issued for the entire sum similar to the Bonds of the Imperial Rail- ways of North China with the Railway 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 loss 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 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 Bailway, 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 railwa}'^ it is understood that the system of construction and equipment thereof shall be adopted by such bninch 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 b}'- the Board of Commis- sioners in positions of trust and responsibility in connection with the railwa3\ 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 b}'^ the railways herein TBEATIE8 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 4. 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 Railway 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 teethe 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 KOREA. Article 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 London for transmission to the Railway 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 Coi-poration 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 man}?^ Bonds or Certificates as may be needed are to be properly engraved under the supervision of the Coiporation. The Loan Bonds herein referred to as soon as they are engraved and signed ancl*sealed by the Chinese Minister in London, as hereinbefore provided, are to be countersigned by the Coi'poration. 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 lots 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 suflScient notice from the Director General that subjects of China wish to take up a portion of the issue, the necessary amount of Bonds w^ill 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 >)e made for issuing 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 sufli- 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 £3,260,000 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 Railwa}^ 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. Article 6. When the work of construction is ready to begin the Director General shall appoint a Board for supervising the construction and operation of the Railway to be called the Board of Commissioners, whose head office shall be at Shanghai. The members thereof shall be five, of whom two are to be Chinese, one to be appointed l)y 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 CONVENTIONS 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 Railway, Chinese and foreigners, with the exception of the Engineer-in-Chief, who shall be nominated l)y the Cori)oration 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 Ti*ade) 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 Railway. To this end he will be granted every facilit}'^ 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 Engineer-in-Chief, 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 opei-ation of the line, and the management of affairs connected with the railway. No foreigners employed in the railway 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 employment under the formality of a letter of appointment. TREATIES 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 b}^ 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 for 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 by 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 i*ailway 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 by 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 Bailway Administration under the direc- tion of the Director General to the local agent of the Corporation for 294 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. record and preservation in its office 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 Railway 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 £150,000 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 b}' advances from other sources, the Chinese Government guarantees to procure and protect all the lands that are required for the line of railway. AH 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 qonsent 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 ofif, when the same shall then be returned to the Chinese Railway Administration. 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 AJXB 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 Government 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 Railway Administration sums as required to pay for the land purchased. For such advances the Woosung railway with all its property shall be given as first mortgage security, 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 Administmtion'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 iJ250,000, including the £160,000 referred to in this article, 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 shall 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 such portions of this loan as is applied to the purchase of land outside of the Engineer-in-Chief s survey shall in the first place be paid out of the Chinese share of the net profits of the railwa}'' and failing this, then out of the earnings of the railway. As the object which the Railway Administration has in view is that all railway lands should be Chinese property the additional loan of £260,000 shall be paid off as soon as practicable. Nevertheless, although such bonds may be redeemed, the laud occupied by the rail- way within the survey limits shall continue as mortgage security under the terms of this Agreement. Abticle 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 CONVENTIONS WITH CHINA AND KOBEA. tenances herein mortgaged to the British and Chinese Corporation for . the Bondholders shall be handed over to the Corporation to be dealt with by it according to law in such manner as will insure the proper protection of the interests of the Bondholders. 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 except 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 the 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 AND CONVENTIONS WITH CHINA AND KOREA. 297 pointed 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 Railway. 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 shall not be used in or interfere with the rights and privileges of the Telegraph Adminis- tration. 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, they are to have a term of fifty years a^d 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 the amount of one-fifth of the aggregate thereof. 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 CONVENTIONS WITH CHINA AND KOREA. amount equal to the remaining four-fifths of the Loan. These Chinese Certificates may be issued in whole or in part whenever desired b}'' 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 sujch 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 coat 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 effluxion 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 Railwa3\ 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. TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 299 Article 14. All materials of any kind that are required fot* 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 Kailway) 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 on 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. 300 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 sufficient to pa}'^ the interest of the Bonds the Railway Administration is to devise means for supplying the deficienc}' 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 thef Hongkong and Shanghai Banking Cor- poration in Shanghai. Article 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 moyement of funds. Article 17. The Corporation may, subject to all its obligations, transfer or del- egate all or any of its rights, 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 th^ area served by the Shanghai-Nanking main line or branch lines. Article 18. If on account of contingencies be^^ond 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 already been issued and interest already become paj^able thereon, then the work cannot be suspended or postponed unless subject to the exceptions mentioned s- 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 will 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 12i 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 I . from the Chinese Government to cancel any of the Bonds or any of the j net profit certificates, the Director General shall not less than six ! months previous to the proposed redemption notify in writing the 302 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 in writing, proceed to make arrangements for the desired redemption by dmwing lots, and taking other proper steps in the way customaiy 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 di-awn for the redemption of the Bonds or certificates and shall pa}'' over the respective prices of the same to their respective 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 they 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 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 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 be fully paid up according to their amounts before the same are cancelled^ TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 Railway Administration may enjo}^ the full advantage thereof. It is also agreed that if the Corporation shall find it necessar}^, 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 the aforesaid 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 teiin, 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 Railwa}'^ 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 KOBEA. Article 25. This Agreement is executed in quintuplicate in English and Chinese, one copy to be retained by the Kailway 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 accept-ed 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. « Jardine, Matheson & Co. David Landale. For the Hongkong & Shanghai Bank, H. M. Bevis, Mwnager, The British & Chinese Corporation Ltd. Witness to the Signatures of David Landale and H. M. Bevis: Byron 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 River 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. GBEAT BRITAIN. PEKING SYNDICATE AGREEMENT.a May 21, 1898.' Regulations 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 insuflScient, 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 20 306 806 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. foreign manager and audited by the Chinese manager. At ail 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 fompensation. 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 mines 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 oflFset 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 Kaif ung and other mining Companies, and pay one custom duty and a half to the maritime customs, and shall be exempt from all inland U-kln 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. 807 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 pedple. 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 chiefl}'^ 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. U. 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 been supplied b}^ the Syndicate, 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 gentry 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 808 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. Bureau and the Syndicate shall offer a reasonable price for it, but no compulsion shall be used. 17. WheneveV 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 li 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 YamSn 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 China 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 2l8t 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 Ti'ade. No. 41. RUSSIA. PRELIMINARY AGREEMENT AND CONTRACTS CONCERNING THE CHENGTING-TAI-YUAN (CHENG-TAI) RAILWAY. 1898-1903. (1) Draft of Agreement between Fang, Superintendent of the Liu-un-Taiytjan 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" {hucm-li) — 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 int-erest paid on the full amount at 6 per cent, per annum. All surplus profits, excluding "official profits" {huan-li) made within ^'^(9 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 off the interest and principal due to the Bank by 310 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 Taiy uan-f u, as such would be detrimental to the interests of this railway. {]. The Company will see to the acquisition of the land required for the railway in accordance with the provisions of Chinese law. The regulations for the purchase of the land will be drawn up by the Com- pany and approved by the Governor of Shansi who will be requested to instruct the local authorities to surrender or let whatever Govern- ment land is required for the railway line. As to private ground, graves, bridges, rivers, and roads, the regulations of the Tientsin rail- ways will be followed, and reasonable compensation will be awarded. The local officials are to lend every assistance and to check disorder. In other matters the established precedents ruling in the railways already opened to traflSc in Chihli are to be followed. The price of the ground will be arranged by the Company with the owner, and the money handed over in the presence of a representative at the Bank specially appointed for that purpose. This will prevent irregularities. TREATIES AND CONTENTIONS WITH CHINA AND KOREA. 811 The Bank will prepare detailed plans of the railway and send them to the Company, and the Company are given six months from the date of receipt of the plans within which to secure the land required for the track. 7. The Governor of Shansi will be moved to exempt from likin charges all railway material. Import and transit dues paid to the Imperial Maritime Customs are not included in this exemption. 8. The administration of the railway will rest with the Company. Mr. Fang will procure the assistance he needs, and from the date of the approval of this agreement Tls 10,000 a year will be advanced to him to cover the salaries of himself and assistants. Before the opening of the railway and traffic these salaries will be advanced by the Bank and the amounts will be added to the loan accounts. After the opening they will be paid out of receipts by the Company. If there is a surplus after the payment of all expenses out of the receipts, it will rest with the Company to decide whether the remuneration above mentioned shall be increased. The Foreign Agent of the Bank will be present at all meetings of the Managing Officers, and will exercise supervision over all matters of accounts, machinery, etc. 9. The Foreign Agent will be specially appointed by the Bank after the completion of the railway to inspect the accounts, receipts, and expenditure. The accounts will be kept after foreign methods. He will also inspect the permanent way, machinery, stations, etc., and see that they are kept in good working order, and free from dilapidations. He will have foreign assistants, but their number will be kept as low as possible. The salaries of the Agent and his staff, which are not to exceed 100,000 francs or say Tls 30,000 a year will be paid by the Company. With these exceptions the personnel will be Chinese. As a temporary arrangement, however, China not possessing capable machinists, foreign artificers will be engaged by the Bank to work the machinery, but as soon as Chinese are available for this purpose the foreigners will be sent home. It is fully expected that Chinese will be employed as machinists before many years are over, and to attain this end the Superintendent is at liberty to establish engineering and mining schools near at hand, and to engage foreign instructors to teach 10 to 20 selected Chinese youths of capacity who may also be sent abroad to complete their knowledge. The Board will assist the Company as far as possible in its efforts to dispense with foreign assistance and to secure capable Chinese machin- ists without delay. 10. After the completion of the railway the yearly surplus, if any, left after payment of working expenses and "official profits," is to be dealt with as follows: — 6-lOths to the Company. Should this 5-lOths amount to 30,000 taels or over, the Superintendent's salary will be paid out of it; if the 312 TREATIES AND CONVENTIONS WITH CHINA AND KOBE A. 6-lOths do not amount to Tls. 30,000 the salary will form part of the working expenses. 2-lOths to the State. 1-lOth to the Trade Bureau to be used for public purposes, and 2-lOths to the Bank — ^this payment to cease at the end of 30 years from the opening of the line. Should the Company be able to redeem the loan before this limit of time as provided for under Article 3, the Bank's 2-lOths will cease with such redemption. 11. The Bank will first undeilake the construction of the first sec- tion to the coal mines of Ping-ting; this to be completed within 3 years from the acquisition of the ground required, according to the plans. This section finished, the Bank engages to begin work on the 2nd sec- tion from the coal mines to Taiyuan Fu within two years. If it fails to do so the Company is free to discharge the Bank from the contract and hand the work over to others to undertake. The Bank, in this case, is to hand over the surveys, estimates, and other documents relating to the 2nd section to the Company without payment therefor and without objection to the Company's action. 12. In case of default in the payment of principal and interest, the administration of the railway will pass temporarily into the hands of the Bank, but the Company will continue its supervision. The Super- intendent, etc. , will continue to meet and consult as before and the salaries will continue to be advanced in the manner stated in Article 8. The Bank will not under these circumstances be considered as entering into possession of the railway; it will simply administer on behalf of the Company until the loan and interest are paid in full, when the administration will be returned to the Company. 13. Superintendent Fang will move the local authorities to permit the Company, through the Trade Bureau, to select a few coal and iron mines in the country adjoining the railways; places granted to other persons being excluded from the selection. Within a year from the approval of this agreement the Bank will indicate a few coal and iron mines which it will be able to work as soon as the necessary authorisation is received from the Governor of Shansi through the Trade Bureau. But the number of mines thus selected must not exceed four or five. Superintendent Fang will also be authorised to choose a convenient site for glass works, the funds for the establishment of which will be provided by the Bank. The financial terms relating to the mines and glassworks will follow the same lines as those relating to the railway; 2-lOths of the surplus* after payment of working expenses and "official profits" will go to the Bank in payment of principal and interest. In case of default the management of all the mines and the glassworks will revert to the Bank who will retain it until the loans and interest are redeemed. TEEATIE8 AND CONVENTIONS WITH CHINA AND KOEEA, 313 14. This loan being a commercial arrangement made between Russian and Chinese merchants, it is understood that the Governments of China and Russia are in no way concerned. 15. This instrument is only preliminary. When it has been approved by the Governor of Shansi and authorised by the Emperor, it will as it stands become definitive.'* (2) Loan and Operating Contracts* fob the Cheng-ting and Tai-yuan Railway. Extracts. [Translation.] LOAN CONTRACT. Between the undersigned: (1) The Imperial Chinese Railway Company, represented by H. E. Sheng Hstian-huai, its Director General, duly empowered by the Chinese Government; (2) The Russo-Chinese Bank, represented by Mr. C. R. Wehrung, one of its Directors, with full powers, acting for said Bank; It has been agreed as follows: Article I. Under the terms of the Imperial Edict of July 8, 1897 and May 17, 1898, i. e., 9th day, 6th moon, 23d year, and the 24th day, 3d moon, 24th year of the reign* of H. M. Kuang-hsii, the Governor and the Director of the Commercial Bank of Shansi were authorized to sign a loan contract with the Russo-Chinese Bank for the building of a rail- way from Cheng-ting Fu to Tai-yuan Pu. This line having a length of about 250 kilometers, forms a natural branch of the Hankow-Peking line; consequently the Governor of Shansi, in a report dated June 25, 1902, i. e., 18th day, 5th moon, 28th year of the reign of H. M. Kuang-hsu, proposed to the Chinese Government to instruct the Director of the Imperial Chinese Railway Company to personally take up the matter. The recommendation was approved, and H. E. Sheng Hsiian-huai, Director General of the Imperial Chinese Railway Company, received instructions from the Chinese Government, in virtue of a Decree of « Confirmed by Imperial Decree in May, 1898, according to Memo, of British Min- ister at Peking of July 8, 1898. See British Parliamentary Blue Book, China, No. 1, 1899, p. 202; May 17, 1898, according to Arii. I of Loan Contract. ^The Operating contract is practically identical with that made with the Belgian syndicate for the Luhan R. K. (see supra, Doc. No. 34, p. 242). It is for 30 years, but if the loan is paid off before that time it is to be cancelled (Art. 5). During the whole term of the contract the Russo-Chinese Bank is to receive 20% of the net receipts of the line (Art. 6). 314 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. September 7, 1902, i. e., 6th day, 7th moon, 28th year of the reign of H. M. Kuang-hsii, aj a consequence of a joint report presented by the Wai-wu Pu and the Central Bureau of Mines and Railways, to nego- tiate a new loan contract for said railway with the Russo-Chinese Bank. Before signing the present contract, H. E. Sheng Hsuan-huai has submitted it for Ratification by the Chinese Government which has ratified it by a Decree of of which a copy is annexed to the present contract (Annex No. 1). Under the terms of this Edict H. E. Sheng-Hsilan-huai has decided to make a State foreign 6% gold loan, of a nominal value of 40,000,000 francs. This loan will be known as the Chinese 5%, 1902 Loan. It is understood that the present contract, after being signed, shall annul all preceding contracts relating to the railway from Cheng- ting Fu to Tai-yuan Fu, signed by the Governor of Shansi, in favor of the Russo-Chinese Bank. Article II. This loan shall be represented by 80,000 bonds of 500 francs gold. These bonds, the text of which is annexed (Annex No. 2) to the present contract, shall be signed in the name of the Chinese Govern- ment by the Minister Plenipotentiary of China at Paris, duly advised by his Government. They shall be issued in fractional bonds {coupures) of from 1 to 5 bonds, in such proportion as the Russo-Chinese Bank shall state and shall be made at the expense of the latter. They shall bear 5% interest a year on the nominal capital, payable in gold. Interest shall run from the day of payment of installments {die jour des versements) and shall be payable the 1st September and the 1st March of each year. Matured and paid coupons shall be classed in numeric order, by the Russo-Chinese Bank and at its expense. (Articles IH, IV, V, VI, VII, VIII, IX, X, XI, XII, and XIII are, mutatu muta/ndis^ the same as the articles bearing the same numbers in Document No. 58 infra). Article XIV. (Same as Art. XIV in No. 58 with exception of last two phrases of latter which are here omitted). Article XV. (Same as Art. XV in No. 58.) Article XVI. (Same as Art. XVI in No. 58 with the words ''Bourses of Petersburg and of Paris-' instead of '' Bourses of the capitals of Europe.") TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 315 Article XVII. Of the whole amount of the present loan, amounting to a nominal capital of 40,000,000 francs, the Russo-Chinese Bank buys outright 22,000,000 francs of nominal capital, or 44,000 bonds of 600 francs, delivery to date from payment to the Agency of the Russo-Chinese Bank at Paris, at the price of 90%, that is to say for the total sum of 19,800,000 francs. Article XVIII. (Substantially the same as Art. XVIII, in No. 58). Article XIX. (Same as Art. XIX. in No. 58, with omission of first five and the last paragraphs. Last paragraph reads: ''It (the Russo-Chinese Bank) will endeavor to finish the work on the line within a term of three yeai-s." Article XX. (Substantially the same as Art. XX in No. 58). Article XXI. The Chinese Government gives the Russo-Chinese Bank an option to December 31, 1905, to purchase the balance of the loan, or 18,000,000 francs, and at the price of 90% of par value. Said option may be availed of at one or several times, regardless of the amortizations made. Deliveiy of the bonds taken on the options will be made at the Russo-Chinese Bank in Paris, which will only sur- render them under the conditions and terms provided for in the above Article XX. Article XXII. If the Russo-Chinese Bank should avail itself of the right given it to purchase all or a portion of the securities for which it has an option granted it, it shall come to an agreement in each case with the Impe- rial Chinese Railway Company to determine the sections (of line) to be built with the new funds. Article XXIII. Studies for the line, dating from the signing of the present con- tract, are at the expense of the Imperial Chinese Railway Company. The whole line shall be divided into two principal sections: The first from Cheng-ting Fu to P'ing-f ing on the left bank of the Wei-shui River, to the north of P'ing-t'ing Chou, and the second from that point to Tai-yuan Fu. 316 TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA. It is hereafter to be understood that the section to be built with the funds derived from the first option, will be that from Cheng-ting Fu to P'ing-t'ing and that studies for it will begin the first year. Within two months from the date of ratification of the present con- tract, the Russo-Chinese Bank will place at the disposal of the Director- General of the Imperial Chinese Railway Company a sum of 1,000,000 francs as an advance on the proceeds of the loan. This sum, it is understood, can only be applied to studies and con- struction work on the Shansi railway. The rate of interest on this advance is fixed at 6% annually, regardless of the price of issue. The first option must be taken up within eleven months from the date of signing the present contract; the proceeds of said option shall be applied in the first place to refunding the above mentioned advance. Article XXIV. The Russo-Chinese Bank reserves the right to make one or more issues, by public subscription or otherwise, of the whole or a part of the bonds bought outright, or forming a part of the option; the expense of such issues to be borne, of course, by the Russo-Chinese Bank. Article XXV. (Substantially the same as Art. XXIV in No. 58.) Article XXVI. (Same as Art. XXV in No. 58 except that cases of disagi*eement between the parties to the contract are to be settled by the Russian Minister at Peking and a member of the Chinese Foreign Office or by a judge of their choice.) Article XXVIL (Same as first phrase of first paragraph of Art. XXVI in No. 58.) Article XXVIII. (Same as Art. XXVI in No. 58, exclusive of first phrase.) No. 42. GREAT BRITAIN. PRELIMINARY AGREEMENT BETWEEN THE HONG KONG AND SHANG- HAI BANK AND DIRECTOR-GENERAL • HU FOR A LOAN TO THE PEKING-NEWCHWANG RAILWAY. « June 7, 1898. This is a preliminary Agreement made between His Excellency Hu, Governor of Peking and Administrator-General of the Imperial Rail- ways of North China within and without the Great Wall, hereinafter called the Administrator-General, of the one part; and the Hong Kong and Shanghae Banking Corporation representing a British Syn- dicate hereinafter called the Syndicate, of the other part. 1. The Syndicate is hereby authorized by the Administrator- General to make arrangements to float and issue, on behalf of the Railway administration on the best terms obtainable on the market, a sterling loan for the equivalent of about (16,000,000 taels), for the con- struction of a railway-line from Chung-hou-sou to Hsin ming-ting, and a branch line to Ying-tzu, and for. the redemption of existing loans to the Tien-tsin-Shan-hai-kuan and Tien-tsin-Lu-kou-chiao lines. 2. The security for the loan shall be the permanent way, rolling- stock, and entire property, together with the freight and earnings of the existing lines between Peking, Tien-tsin, Tang-ku, and Chung- hou-sou, and also of the proposed new lines when constructed, in addi- tion to the rights of mining coal and iron, which will be retained by the Railway administration on each side of the proposed new lines, for a distance to be determined. In the event of default or arrears in pay- ment of interest or repayments of principal, the said railway lines and mines shall be handed over to representatives deputed by the Syndi- cate, to manage them on their behalf, until principal and interest of the loan are redeemed in full, when the management will revert to the Railway Administration. It will, however, be provided that if such arrears are for a small sum, and it appears desirable to the Syndicate to extend the due date of their payment for a term not exceeding three months, it shall be open to the Syndicate to do so. In the event of any special circumstances arising necessitating the introduction of important changes by the management aforesaid, these « British Parliamentary Blue Book, C/ii7%a, No, £ (1899) ^ p. 4. 317 318 TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA. changes shall be eflFected in consultation with the Adnainistrator- General, and in the best interests of the railway. In the case of war or famine, troops and grain will be transported over the lines on terms to be arranged hereafter. No further loan, charge, or mortgage shall be charged on the secur- ity named above until this loan is redeemed. 3. During the currency of their loan, the principal members of the railway staff shall be capable and experienced Europeans who shall be, as at present, appointed by the Administrator-General of the Rail- way, and may be, in the event of their misconduct or incompetency, dismissed, after consultation with the Chief Engineer. If there are Chinese with sufficient engineering or traffic experience, they may be appointed as well as Europeans. Should it be necessary to appoint a new Chief Engineer, such appointment shall be made in consultation with the Syndicate. In addition to above, a capable and experienced European railway accountant shall be appointed to inspect all the accounts of the railways. All receipts and earnings of the lines herein specified shall be paid into the credit of the Railway Administration with the Hong Kong and Shanghae Banking Corporation, Tien-tsin, together with 50,000 taels annually payable under the Board of Revenue's arrangement, approved by the Throne, by each of the Provinces of Shansi, Shensi, Honan, and Anhui for railway purposes for ten years. All expenses of repairing and maintaining lines will be paid from this account, the remainder of which shall then be charged with the service of this loan. 4. The rate of interest, price, term of years, and other particulars shall be left to the Syndicate to arrange on the best terms possible on the market when the moment appears favourable for floating the loan. Instalments of proceeds will be arranged as far as possible to suit the progress of construction and the requirements of the Administrator- General, interest being calculated from the date of such payments. The Loan will be redeemable by annual drawings to be scheduled in the final Agreement. Besides the drawings so scheduled, the Administrator-General may from time to time, on giving due notifica- tion to the Syndicate, call for extra drawings to be held, bonds so drawn being redeemed by the Railway Administration at 20 per cent, premium on their par value. 5. If it should be found that the Loan cannot be floated without the introduction of some special attraction, the Administrator-General small memorialize the Throne, recommending that a Concession of mining rights be granted to the Syndicate at a point or points on the lines, and on terms to be arranged with the Syndicate on the basis of the mining Regulations newly established by the Tsung-li YamSn. TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 319 The requests of the Syndicate will be confined to mines within a dis- tance of 5 U of the railway. 6. The date of issue of this loan shall be left to the discretion of the Syndicate, to be fixed in accordance with the state of the market, but should it be found impossible to issue it before the Ist day of October next, the Syndicate will arrange to advance to the Administrator- General on or about that date, an instalment of about 2,000,000 taels on account of, and repayable out of the proceeds of the loan when floated. The terms of this advance shall be left to the arrangement of the Syndicate on the best terms obtainable, interest not to exceed the rate of 5i per cent, per annum, and the Syndicate shall be author- ized to issue temporary bonds for the amount if required. 7. For the satisfaction of the investing public who are unacquainted with China, a satisfactory report will be required from District Engi- neer, Mr. J. Ginnell, as to the condition and earning power of the old lines, and as to the route, prospects, and mineral wealth of the new lines to be constructed, and Mr. Ginnell shall be instructed by the Administrator-General to proceed to London as soon as possible after the signing of this preliminary Agreement, to confer with the Syndi- cate on these matters. 8. The terms of this preliminary Agreement will, inunediately after signature, be submitted by the Administrator-General to the Throne for sanction by Imperial Edict, which shall be ofl^cially communicated by the Tsung-li Yamen to the British Minister in Peking. 9. Three months from the date of signature of this preliminary Agreement shall be allowed to the Syndicate to accept or decline its terms. Upon their confirmation by the Syndicate, this preliminary Agreement shall be replaced by a definitive Agreement, providing for all details. « Signed at Peking, this 7th day of June, 1898, being the 19th day of the 4th moon of the 24th year of the Emperor Kuang Hsii. (Seal of Administrator-General of Railways within and without the Shan-hai-kuan boundary.) For the Hong Kong and Shanghae Banking Corporation, (Signed) E. G. Hillier, Agmt. « The definitive Agreement bearing date October 10, 1898, is given below, pp. 332-337. No- 43- GREAT BRITAIN. REGULATIONS AGREED UPON BY THE YtJ-FENG COMPANY AND THE PEKING SYNDICATE FOR MINING PURPOSES, IRON WORKS, AND TRANSPORTING MINE PRODUCTS OF ALL KINDS IN THE PROVINCE OF HONAN.« June 21, 1898. 1. The Governor of Honan having sanctioned the request of the Yii-Feng Company for the sole right to work all mines around Huai Ching Fu, and in all the hill country in Honan Province north of the Yellow River, the several concessions granted are now transferred for operation to the Peking Syndicate for the period of sixty years. Min- ing 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 Governor of Honan that he may see that the proposed works are not injurious to the place; and he shall report thereon to the Tsung-li Yamfen 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, the lease or purchase shall be naiade 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. The Governor of Honan has authorized the Yu-Feng Company to negotiate a foreign loan not to exceed 10,000,000 taels. Should the mining engineers employed find this sum insufficient, the Yu-Feng Company 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 Yii-Feng Company shall co-operate. The Gt>v- emor of Honan shall be requested to send officials from time to time to inspect the accounts of receipts and expenditures. 4. Each mine 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 foreign system; receipts and payments of money to be controlled by the « British Parliamentary Blue Book, China No. 1 {1899), p. 194. 320 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 321 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 landowner to compensate him for any crops injured. If a 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 reason- able price fair to both parties as a measure to justice. Wherever land leased or bought for mines contains cemetery 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 producer's 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, inter- est on the capital employed, and next 10 per cent, shall be set aside as a sinking fund for yearly repayment of capital and consequent reduc- tion of interest payments to sinking fund ceasing when the invested capital is wholly repaid; and from the remaining net profit 25 per c«nt. shall be paid to the Chinese Government, and the remainder shall go to the Syndicate for its own disposition. In future, wherever foreign capital is used to work coal and iron mines in China this rule for a 5 per cent. Government tax on the output shall be enforced, so that all may be treated alike. This capital being money lent by mer- chants for mining purposes, the Chinese Government will not in any way be responsible for losses incurred in the business. 7. As the Syndicate will work mines in several places, the accounts and profits of each mine must be kept distinct from the others. The gains of one mine should not be made to off-set the losses of another, and so cause the Government income to suffer reduction. 8. All machinery, materials, and supplies needed for the mines shaD, on importation, be subject to the rules in force with the Kai- Ping and other mining Companies, and pay one full duty and a-half to the Maritime Customs, and shall be exempt from all inland li-kin taxes. The products of the mines, when exported from a sea-port, 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, lands, rail- ways, bridges, and all property acquired by the capital of the mines, be handed over gratis to the Chinese Government, and in due time the 27938—04 ^21 322 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. Yu-Feng Company shall request the Governor of Honan to send dep- uties 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 Yu-Feng Company should request the Governor to appoint a deputy, and the Syndicate should nominate one of the gentry. The salaries of both to be paid b}'^ the Syndicate. 11. On first opening the mines foreigners must of course be employed as mining engineers and foremen, but later on the Yii-Feng Company and t he 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 Honan natives as much as possible, so as to encourage improvement. 12. The miners employed should be chiefly Honan men, and should be paid fair wages. After the mines are open, the Yii-Feng Company and the Syndicate should select from European and American Mining Regulations 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 and 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 silver taels to be loaned to the Yu-Feng Com- pany by the Peking Syndicate is an estimated sum. After the capital necessary for opening each mine has been supplied by the Syndicate, the Syndicate will be authorized to print share certificates and condi- tions for the capital furnished, and fix the time of sale. Chinese mer- chants who apply for shares within the fixed time shall be allowed to buy of shares for sale any number they wish. 15. Chinese merchants who wish to bu)'- shares may get them from the Yii-Feng Company, who will procure them at current market rates, or they may themselves buy or sell the shares at pleasure. If any Chinese gentry 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 Yii-Feng Company 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 TREATIES AND CONVENTIONS WITH (JHINA AND KOREA. 823 Yu-Feng Compan}" 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 facil- tate transport of Honan coal, iron, and all other mine products from the province, the Syndicate, on reporting to the Governor of Honan, is authorized to proceed with the works, using its own capital, with- out asking for Government funds. Regulations for the branch railways are to be made in due time. 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. IS. At the end of every year a printed account of profit and loss shall be rendered by each mine to the Yii-Feng Company, 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 sub- mitted to the Governor, who will send copies to the Tsung-li YamSn 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 China 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 the 21st day of June, 1898, being the 3ixi day of the 5th month of the 24th year of the Emperor Kuang-Hsu. (Signed) A. Luzzatti, General Agent of the Peking Syndicate {Limited), [Seal of the Pekiii^ Syndicate, Limited.] (Signature of the Chief of the Yii-Feng Company.) [Seal of the Tsung-li Yamfin.] Ko. 44. CHINA. INLAND NAVIGATION— REGULATIONS GOVERNING TRADE ON THE YANG-TSZE-KI ANG. « PEKING, AUGUST, 1898. Article 1. Former Regulations rescinded. — ^The Revised Regula- tions of Trade on the Yang-tsze-Kiang (1862) having been amended, and the substance of their provisions having been incorporated in the present Yang-tsze Regulations, the said Revised Regulations of Trade on the Yang-tsze-Kiang are hereby abrogated, together with the Port and Customs Regulations thereon dependent. Art. 2. Ports^ Stages^ and Passenger Stations. — ^The merchant ves- sels of the Treaty Powers are authorised to trade on the Yang-tsze- Kiang at the following Treaty Ports: — Chinkiang, Nanking, Wuhu, Kiukiang, Hankow, Shasi, Ichang, and Chungking: and to land and ship goods in accordance with special regulations at the following non-Treaty ports: — Tatung and Anking, in Anhwei; Hukow, in Kiangsi; Lukikow and Wusueh, in Hukwang. Shipment or discharge of cargo at an}'' other points on the river is prohibited, and any violation of the prohibition will be dealt with in accordance with the Treaty provisions applicable to clandestine trade along the coast; but passengers and their baggage may be landed and shipped at any of the regular passensrer stations (at present consisting of Kiangyin and Ichang, in Liang Kiang, Hwangtzekang and Hwangchow, in Hukwang: passengers baggage must not contain articles subject to duty, and the presence of dutiable articles will ren- der the whole liable to confiscation. Art. 3. Three Classes of Vessels. — Merchant vessels trading on the river are to be divided into three classes: — First-class: sea-going vessels trading for the voyage up river beyond Chinkiang. Second-class: river steamers running regularly between any of the river ports or Shanghae and any river port. Third-class: small craft (lorchas, papicos, junks, &c.). « British Parliamentary Blue Book, China, No. 1 (1899), p. 252. 324 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 325 These three classes of vessels will be dealt with according to Treaty and the Rules for the ports traded at. Art. 4. Sea-going Vessels. — Sea-going vessels trading no further up river than Chinkiang will be dealt with at Chinkiang in every respect like vessels trading at other coast ports; but sea-going vessels on a voyage further up river than Chinkiang become thereby vessels trad- ing on the river of the first class set forth in the preceding Article: such merchantmen, whether steamers or sailing vessels, must deposit their Registers with the Consul, or, if Consularly unrepresented, with the Customs, at Shanghae, Woosung, or Chinkiang, where the Cus- toms, on receipt of a Consular application or a deposit of papers, will issue a Certificate to the vessel, to be called the "Special River Pass," on which shall be entered the vessel's name, flag, registered tonnage, general cargo, and armament. The vessel may then proceed up river and at whatever Treaty ports she trades must report and clear, load and unload cargo, and pay dues and duties in the same manner as at other Treaty ports along the coast. On return to the port that issued it — Chinkiang, Woosung, or Shanghae — the "Special River Pass" is to be surrendered to the Customs, and the Customs, on having ascer- tained that all dues and duties have been paid and all other conditions satisfied, will then issue the Grand Chop to enable the vessel to pro- cure her Register and proceed to sea. Art. 5. River Steamej^s. — Any steamer intended to trade regularly on the river may deposit her register at the Consulate at Shanghae, or, if Consularly unrepresented, at the Custom-house, when the Cus- toms, on the receipt of a Consular application or on the deposit of the register, will issue a certificate, on which shall be entered the vessel's name, flag, registered tonnage, and armament, to be called the "river pass," that shall be valid during the current year; such river pass must be renewed every year either at Shanghae or at Hankow or Ichang in the case of river steamers trading above those places, and not returning to Shanghae. River pass steamers will report and clear, load and discharge, and pay dues and duties in accordance with the Customs Regulations of the port concerned; their tonnage dues are to be paid at the ports which issue or renew the river pass (Shanghae, Hankow, or Ichang). Infringement of River Port Regulations will be punished by the infliction of the penalties in force at other Treaty ports; for a second offence the river pass may be cancelled and the steamer refused per- mission to trade thenceforward above Chingkiang. Any steamer not provided with a river pass, if proceeding above Chinkiang, will come under the rule affecting sea-going vessels laid down in Article 4, and will be treated accordingly. Art. 6. River Pass Steamer^ Cargo, — ^The former Regulation having been abrogated which made it obligatory to deposit coast trade duties 326 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. simultaneously with paying export duties, river pass steamers will now pay duties in the same way as vessels at other Treaty ports along the coast, that is, export duties at the port of departure before ship- ment of exports, and import or coast trade duties at the port of dis- charge before release of imports, and similarly they will ship, tranship, and discharge cargo after report, examination, and issue of permit, in the same way as vessels at Treaty ports along the coast. When tea is landed by a river pass steamer, the consignee, instead of paying coast trade duty, may deposit a bond for the amount; on proof of reshipment within a year the bond will be cancelled. When reshipped tea is relanded at another port — e, ^., reshipped at Hankow and relanded at Shanghae — a new bond will be required in lieu of coast trade duty, to be cancelled on subsequent reshipment; and so on. Art. 7. Small Graft {Loi'chas^ Papicos^ JimJcs^ i&c): — (a,) Lorchas, &c., owned by foreigners, if provided with registers, and entitled to fly national flags, are required to take out a special river pass either through the Consulate or from the Customs direct at Chinkiang if proceeding further up the river. They will report, work cargo, and pay duties like other sea-going special river pass vessels. (J.) Papicos, &c., owned by foreigners, but not provided with registers or entitled to fly national flags, are to take out Customs reg- isters at the port they belong to, and report, work cargo, and pay duties in the same way as lorchas, &c. ((?.) Chinese junks chartered by foreigners are only available for conveying foreign-owened cargo from Treaty port to Treaty port; they must take out special junk papers at the Customs, to be obtained in exchange for bonds executed at and deposited with the Customs, the conditions of the bond being that the cargoes are hon&fide foreign property, and will be landed and pay duty at a Treaty port, and the penalty that if the cargoes fail to be so landed and pay duty no char- tered junk will thereafter be cleared for the foreigner in question. Such junks to report, work cargo, and pay duties in the same way as lorchas, papicos, &c. Art. 8. Cargo Certificates. — Special river pass merchantmen, river pass steamers, and lorchas, papicos, and junks, &c., must apply to the Customs at the port of departure for a cargo certificate (^' tsung tan"), which, on the vessel's arrival at the port of destination, must be handed in to the Customs before permission to discharge can be given. The vessel will be responsible for the duties on all goods entered on the said cargo certificate, and not landed on permit at port of discharge. Art. 9. Miscellanemts, — Any trading vessel falling in with a revenue cruiser or Customs boat on the Yang-tsze-Kiang is to produce her papers for inspection if examination of them is required. Vessels unprovided with proper papers will be dealt with under the Treaty Articles penalizing clandestine trade along the coast. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 327 The Customs may seal the hatches of any vessel trading on the Yang-tsze, and may place Customs officers on board to accompany her on the trip, whether up stream or down. Special river pass vessels of the first-class are not required to anchor to exhbit their papers at the intermediate ports passed and not traded at. Art. 10. Yang-tsze Cttstoms and Port JSegulations. — ^The adoption and promulgation of new Regulations for vessels ti-ading on the Yang- tsze having rendered meaningless sundry Customs and Port Regulations which guided procedure under the former system, and having neces- sitated the substitution of fresh Regulations and different practice under the system now introduced, the ports concerned (Shanghae, Chinkiang, Nanking, Wuhu, Kiukiang, Hankow, Shasi, Ichang, and Chunking) will proceed forthwith to arrange and publish new Rules and Regulations, and these are, on the one hand, to facilitate trade, and, on the other, to protect revenue and prevent smuggling. The above Regulations are open to revision when and if necessary.* a The above Regulations have been revised and amended by Art. X and Annex C oftheBritishTreatyofl903(see«Apra, pp. 112, 118-120), and by Art. Ill and Annex I of the Japanese Treaty of 1903 (see supra, pp. 122, 126-128). No. 45. GREAT BBITATN. CONCESSION AGREEMENT RESPECTING THE NAN P'lAO COAL MINES. « October 10, 1898. This is an Agreement between his Excellency Hu, Governor of Peking, Administrator-General of the railways of North China, within and without Shan-hai-kuan, hereinafter called the "Administrator- Genei-al," of the one part, and the Hong Kong and Shanghae Bank- ing Corporation, for themselves and on behalf of the British firm of Jardine, Matheson, and Co., representing as joint agents the British and Chinese Corporation (Limited), hereinafter called the '* Corporation," of the other part. 1. The Administrator-General having purchased the coal mines known as Shang P'iao, Chung P'iao, and Hsia P'iao, at Nan P'iao, in the district of Ch'ao Yang, now enters into an Agreement with the Corporation to operate the same on joint account. Any other mines in the neighbourhood of the above, or of the railway line between Nu-erh-ho and Nan P'iao, and between Nan P'iao and Chinchou that may subsequently be acquired by purchase or otherwise by the Administrator-General, shall also come under the terms of this Agree- ment for operation either on joint account or by the Corporation alone, it being always provided that all operations under the terms of this Agreement are optional to the Corporation, and subject to a favourable report from its Mining Engineer. 2. The Corporation shall send its own Mining Engineer as soon as possible to examine the property acquired, and will indicate, after con- sultation with the Administrator-General and the Chief Engineer of the Railway Administration, the points at which it is desirable to sink shaft and commence operations. The Mining Engineer of the Cor- poration will also make a survey of the whole area above named, with a view to the extension of operations, and on the receipt of his Report upon the same, the Administrator-General will take immediate steps for the purchase of the necessary property at the points recommended in the Report. No compulsion shall be used in the purchase of such property if the owner refuses to part with it, but in such case it will be arranged that the Administrator-General shall have the first refusal thereafter. a British Parliamentary Blue Book, China No. 2 (1899), p. 40. 328 TBEATIE8 Am> OOITVENTIONS WITH CHINA AND KOBEA. 329 3. An estimated capital of 1,000,000 Kung-p'ing taels for the open- ing and working of the mines shall be provided in equal shares by the Administrator-General and the Corporation, either by private sub- scription, the public issue of script, or in such other manner as each party may deem necessary in its own interests. Of the estimated cap- ital of 1,000,000 taels the sum of 125,000 taels shall be deposited by the Corporation at the Hong Kong and Shanghae Bank, London, in £ sterling not later than the 30th November, 1898, and the sum of 125,000 taels shall be deposited by the Administrator-General at the Tien-tsin branch of the same bank on or before the same date. The balance of the estimated capital, namely, 750,000 taels, shall be sim- ilarly provided in equal shares hy each party not later than the 30th November, 1899. All such deposits shall be held by the bank to the order of the Corporation for the purchase of plant and the opening and working of the mines. Should an increase of capital be found necessary later on, it shall be similarl}^ provided in equal shares by the Administrator-General and the Corporation. 4. The construction of the branch line from Nu-erh-ho to the Nan P'iao collieries will be carried out by the Administrator-General in terms of his Agreement with the Corporation for the Shan-hai-kuan- Newchwang main line and dependencies. 5. All matters of exploitation, administration, employes, and finan- ces shall be undertaken by the Coi-poration in co-operation with the Administrator-General of Railways. 6. The mines shall have one foreign Manager, appointed b}- the Corporation, and one Chinese Manager, appointed by the Administra- tor-General; the foreign Manager will control the works, and the Chinese Manager will attend to all questions between natives and foreigners. Accounts shall be kept on the foreign system })y an European Accountant. All receipts and payments of money will be controlled by the for- eign Manager, and audited by the Chinese Manager. Chinese shall be employed in the mines as much as possible, and where aptitude is shown, opportunity will be given to Chinese to fit themselves for posts of responsibility. . 7. The royalty and taxes to be paid by the mines are restricted to the following: — (1.) To the Taotai of Jehol an annual fee of 15 taels. (2.) To the Imperial Government of China a royal t\^ of 5 per cent, of the output of coal, or its value, at the pit's mouth. (3.) To the Mongolian Chief of the district a commuted payment of 1,500 taels per annum. (4.) Duty paj'able by the Shang, Chung, and Hsia P'iao mines, amounting to a total sum of 790 taels per annum. 330 TREATIES AND CONVElTriONS WITH CHINA AND KOREA. 8. Machinery and materials required for the use of the niines shall pay one customs duty and a-half on importation, in accordance with the Regulations of the Kaiping mines, and shall thereafter be free from all li-hin or other imposts whatever. The products of the mines when exported from a seaport, shall pay export duty according to the Customs Tariff on the produce of Chinese Government mines. 9. The Railway Administration agrees to carry over its lines the output of the mines at rates not exceeding a basis of 720 big cash per ton from Nan P'iao to Nu-erh-ho up to a monthly tonnage of 30,000 tons, anything above that quantity to be carried at 25 per cent, dis- count on this Tariff, and 10 big cash per ton per mile on the main lines. These i^ates include conveyance of the coal from the junction of col- liery sidings to the Mining Company's yard at Yingkou, the filling and discharge of cars being done by the Mining Company. These rates may be modified from time to time by arrangement between the Administrator-General, the Chief Engineer of the Railways, and the Corporation; cases of dispute shall be referred to an arbitrator to be agreed upon by the parties concerned, and so far as they refer to the handling of coal at the mines, wharves, docks, &c., the rules of the Kaiping mines shall be taken as a precedent. 10. In considei-ation of the special transport rates given by the Railway Administration to the Mining Company, that Company will provide fuel to the railway at the following rates: — (1.) Best hand-picked lump coal for locomotives, 4,000 big cash, free in cars, per ton at colliery. (2.) Ordinary lump coal for stationary boilers, &c., 3,000 big cash, free in cars, per ton at colliery. (3.) Small coal for kilns and tank heating, 2,200 big cash, free iu cars, per ton at colliery. (4.) Best coke, 8,000 big cash, free in cars, per ton at colliery. Other qualities to be arranged on the above basis of charges, as may be from time to time necessary. 11. In matters of compensation to miners for injuries, of limit of working hours, &c., the Corporation shall be guided by European and American Mining Regulations bearing on these questions, so far as these are applicable. 12. Should the Corporation desire to issue a prospectus for the mines and invite subscriptions from the public at any time, the Administrator-General will grant his official seal to such documents as may be necessary for the ratification to the public of the Corpora- tion's rights. 13. Wherever it shall be necessary to construct roads, bridges, or accessories necessary for the working of the mines, or for the trans- port of their produce, the Corporation will notify the Administrator- General, who shall thereupon make prompt arrangements with the local officials to facilitate the carrying out of the same. TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 331 14. At the end of every half-year, an account of profit and loss, signed by the foreign and Chinese Managere, shall be rendered to the Administrator-General. All the working expenses of the mines, deterioration of plant, salaries of Europeans and Chinese staff, the royaltj^ and taxes on output, customs import and export dues, and dis- bursements of every nature shall be placed to the debit of this account, the net balance of which, if a profit shall be shared equally hy the Administrator-General and the Corporation, if a loss, will fall equally on both parties. 15. Immediately after the signature of this Argeement the Admin- istrator-General will memoralize the Throne, and obtain an Imperial Edict confirming and sanctioning the provisions of this Agreement. The Imperial Edict so received will be then communicated officially and without delay by the Tsung-li YamSn to the British Minister at Peking, that he may take the usual steps with regard to commercial undertakings. 16. This Agreement is executed in quadruplicate, in English and Chinese, one copy to be retained by the Administrator-General, one b}' the Tsung-li YamSn, one by the British Minister at Peking, and one by the Corporation. Should any doubt arise as to the interpreta- tion of the contract the English text shall be accepted as the standard. Signed at Peking by the Contracting Parties this twenty-fifth day of the eight month of the twenty-fourth year of the Emperor Kuang Hsii, being the tenth day of October, one thousand eight hundred and ninety-eight, Western Calendar. (Seal of the Railway Administration.) (For the Hong Kong and Shanghae Banking Corporation.) (Signed.) E. G. Hillier, Agent^ Attorney for the British and Chinese Corporation {Limited) Ko. 46. GREAT BRITAIN. SHAN-HAI-KUAN-NEWCHWANG RAILWAY LOAN AGREEMENT.^ Signed at Peking, October 10, 1898. This agreement is made between his Excellency Hii, Governor of Peking, as Administrator-General of the Railways of North China within and without Shan-hai-kuan, acting under the authority of the Imperial Chinese Government, hereinafter called the "Administrator- General," of the one part, and the Hong Kong and Shanghae Bank- ing Corporation, for themselves and on behalf of the British firm of Jardine, Matheson, and Co., representing as joint agents the British and Chinese Corporation (Limited), hereinafter called the "Corpora- tion," of the other part: Whereas, on the 7th day of June, 1898, being the 19th day of the 4th month of the 24th year of the Emperor Kuang-Hsii, a preliminary Agreement was signed at Peking* between the Admifiistrator-Genei-al and the Hong Kong and Shanghae Banking Coiporation, representing a British Syndicate, for a sterling loan for the equivalent of about 16,000,000 taels for the construction of a railway line from Chung- hou-so to Hsin-ming-t'ing and a branch line to Ying-tzu, and for the redemption of existing loans made to the Tien-tsin-Shan-hai-kuan and Tien-tsin-Lukouchiao Railway lines; and Whereas in terms of the preliminary Agreement a period of three months from its date was allowed to the Syndicate to acceptor decline its conditions; and Whereas the Hong Kong and Shanghae Banking Corporation, before the expiration of the period named, duly notified the Administrator- General that it is prepared, with certain modifications, to arrange the issue of the loan upon the conditions named in the preliminary Agreement: It is now agreed as follows: — 1. The Corporation agrees to issue on behalf of the Administrator- General a sterling loan for the amount of 2,300,000^., the proceeds of which are to be applied in the order following: — (1.) To the redemption forthwith or at maturity of the loans and advances specified in the statement attached to this Agreement which "British Parliamentary Blue Book China No. g (1899), p. 29. ^'See supra, p. 317. 332 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 333 have been made by foreign banks to the Tien-tsin-Shan-hai-kuan and the Tien-tsin-Lukouchiao Railway lines. The Administrator-General hereby certifies that the total amount of the liabilities due by the lines named does not exceed the sum of 3,000,000 taels. (2.) To the carrying out within a period of three years from the date of this Agreement of certain improvements and additions to roll- ing-stock on the existing lines between Peking and Shan-hai-kuan, re'conmiended by the European Chief Engineer, and estimated by him to cost about 1,500,000 taels. (3.) To the construction of a railway line from Chung-hou-so to Hsin-ming-t'ing, and one from a point on that line near Shih-san-chan to Ying-tzu, and of a branch line from Nu-erh-ho to the collieries of Nan P'iao. The Administrator-General engages that the construction of the new lines here specified shall be completed within a period of three years from the date of this Agreement. 2. In the event of the proceeds of this loan being insufficient for the completion of the new lines here specified, thfe Administrator- General will provide or will ari*ange with the Imperial Government of China to provide funds from other sources sufficient to complete their construction. 3. This loan shall be a first charge upon the security of the perma- nent way, rolling-stock, and entire property, with the freight and earnings of the existing lines between Peking and Shan-hai-kuan, and on the freights and earnings of the new lines when constructed. The Administrator-General shall, during the continuance of this loan, maintain the railway buildings, works, rolling-stock, and dependencies in good order and condition, and shall increase the rolling-stock from time to time to such extent as shall be necessary for the requirements of the traffic. Should it be decided hereafter to construct branch lines or exten- sions connecting with the lines herein named, their construction shall be undertaken by the Railway Administration, and should the funds of the Railway Administration be insufficient for that purpose, it shall apply to the Corporation for the same. 4. The principal and interest of this loan are guaranteed by the Imperial Government of China, and in the event of default in pay- ment of interest or repayment of principal at due date, the Coipora- tion shall immediately notify the Imperial Government of China thereof, and the Imperial Government of China will thereupon pro- vide the funds necessary to meet such payment in sterling in Lon- don. In the event of the Imperial Government of China being unable to provide the funds necessary to meet a payment of interest or principal when called upon by the Corporation to do so in terms of this clause, the said railway lines and the entire property shall 334 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. thereupon be handed over to representatives deputed by the Cor- poration to manage, on their behalf, until principal and interest of the loan have been redeemed in full, when the management will revert to the Railway Administration. It is provided that should arrears of interest or principal be for a small sum, and it appear desirable to the Corporation to extend the due date of their payment for a term not exceeding three months, it shall be open to the Corporation to do so. This arrangement, which differs from other contracts in that the Administrator-General retains control of the railway lines so long as the principal and interest of this loan are regularly paid, has been agreed to in consequence of the friendly relations which have long existed between the Contracting Parties. 5. No further loan shall be charged upon the security named above, except through the Corporation, until this loan is redeemed, and the Tsung-li Yamen will hand to the British Minister in Peking a written undertaking on behalf of the Imperial Government of China that the railway lines named in this Agreement shall never be alienated or parted with. 6. During the currency of this loan the Chief Engineer of the rail- ways shall be a British subject. The principal members of the railway staff shall be capable and experienced Europeans, who shall be, as at present, appointed by the Administi-ator-General of the Railways, and may be, in the event of their misconduct or incompetency, dismissed after consultation with the Chief Engineer. If there are Chinese with sufficient engineering or traffic experience they may be appointed as well as Europeans. Should it be necessary to appoint a new Chief Engineer, such appointment shall be made in consultation with the Corporation. In addition to the above, a capable and efficient European Railway Accountant shall be appointed, with full powers to organize and direct the keeping of the railway accounts, and to act with the Administrator- General and the Chief Engineer of the railway in the supervision of receipts and expenditure. 7. The railway lines named in this Agreement being Imperial Chinese Government lines, in the event of war or famine, Chinese Government troops and grain may be transported over the lines free. 8. All receipts and earnings of the lines herein specified shall be paid into the credit of the Railway Administration with the Hong Kong and Shanghae Banking Corporation, Tien-tsin, together with 60,000 taels annually, payable under the Board of Revenue's arrangement approved by the Throne, by each of the Provinces of Shansi, Shensi, Honan, and Anhui, for mlway purposes for ten years. All expenses of working and maintaining the lines will be paid from their receipts and earnings, the remainder of which, together with the TEEATIE8 AND COinrENTIONS WITH CHINA AND KOEEA. 335 provincial funds above named, shall then be charged with the service of this loan. Payments of interest and repayments of principal shall be made in equal monthly instalments, and in accordance with amounts and dates of a yearly Schedule, which will be furnished to the Admin- istrator-General by the Bank. These payments shall be made by the Administrator-General to the Hong Kong and Shanghae Banking Cor- poration, Tien-tsin, in Kungp'ing sycee sufficient to provide the ster- ling amount due to the bondholders in terms of the prospectus of the loan, the rate of exchange for these payments being fixed by that Bank as each such payment becomes due. In reimbursement of expenses incurred in connection with the distribution of the service to the bond- holders of the principal and interest of the loan, the Hong Kong and Shanghae Banking Corporation, Tien-tsin, shall receive from the Rail- way Administration a commission of i per cent, on the annual loan service, which will be included in the yearly Schedule for the same. 9. The term of the loan shall be forty-five years, and, subject to the modification mentioned hereinafter, repayment of principal shall be made, so far as regards the bondholders, in forty equal annual instal- ments, commencing with the sixth year. 10. Interest on the loan shall be charged at the rate of 5 per cent, per annum on the nominal principal, and shall be calculated on the bal- ance of such principal at any time outstanding, payments of interest being made by the Administrator-General in accordance with the amounts and dates specified in the yearly Schedule to be provided. 11. The loan will be redeemed by annual drawings in London as provided for in the prospectus. Besides the drawings as provided for, the Administrator-General may, on giving three months' notice to the Corporation, call for exra drawings to be held, for any amount. Bonds so drawn to be redeemed by the Railway Administration at 20 per cent, premium on their par value. Any such extra drawings must take place on the date of the ordinary drawing provided by the prospectus. • In the event of such exti-a drawmgs taking place, subsequent pay- ments of interest will be adjusted in the yearly Schedule to be pro- vided, but repayments of principal shall continue unaltered in terms of clause 9 of this Agreement until the loan is redeemed. The Imperial Government of China hereby engages that this loan shall not be redeemed or converted otherwise than as herein provided. 12. The price agreed upon for this loan is 90 per cent, net of the nominal principal, but should an unfavourable state of the market prevail at the time of issuing the prospectus, the Corporation is here- by authorized to reduce the price of the loan, at its own discretion, to not less than 88 per cent, net to the Railway Administration. 13. The Corporation are hereb}^ authorized to issue to subscribers to the loan bonds for the total amount of the loan in pounds sterling, 336 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. in such form and for such amounts as shall appear desirable to the Corporation, and the Minister for China in London will seal all such bonds with his official seal, as evidence that the Imperial Government of China is bound thereby. Each such bond shall bear the following clause: — ''The Imperial Government of China, pursuant to an Imperial Edict, dated , unconditionally guarantees and declares itself responsible for the payment of the principal moneys and interest hereby secured, and in faith thereof it has specially authorized the Chinese Minister in London to seal this bond with his official seal." 14. All bonds and coupons and payments made and received in con- nection with this loan shall be exempt from Chinese taxes and imposts for ever. 15. All details necessary for the prospectus and connected with the service to the bondholders of the interest and repayment of principal of this loan, not herein explicitly provided for, shall be left to the arrangement of the Corporation, who are hereby authorized to issue a prospectus of the loan as soon as possible after the signing of this Agreement. The Tsung-li Yamen will instruct the Chinese Minister in London to co-operate with the Corporation in any matters requiring conjoint action. 16. The loan shall be issued to the public as soon as possible after the signing of this Agreement, and shall date from the first day of the month of its issue. Payment of the entire proceeds will be made in London to the order of the Administrator-General not later than the 31st day of March, 1890; of the above proceeds, the Corpomtion will advance to the order of the Administrator-General in London, on or before the 31st day of October next, the sum of 250,000Z.; this advance will bear interest at the rate of 5i per cent, per annum until such time as the first instalment of the loan proceeds shall be availa- ble, when it shall be deducted from those proceeds by the Corporation. 17. In the event of an unfavoui'able state of the market rendering the issue of this loan, and the payment of its proceeds to the Railway Administration impossible pn the terms named without loss to the Corporation, the Corporation shall be granted such extension of time for the performance of its contract with the Administrator-General as the circumstances demand, any advances or instalments of proceeds already made to the Railway Administration being in that case treated as regards payment of interest, repayment of principal, security, and Imperial Chinese Government guarantee in terms of this present Agreement, and as forming part of the principal amount of this loan. Similar extension of time for the issue of this loan and payment of its proceeds shall also be granted in the event of the Deutsch-Asiatische Bank, Berlin, objecting to its issue before the month of April next, in TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 337 accordance with the terms of clause 9 of the Agreement for the Chinese Imperial Government ^i per Cent. Sterling Loan of 1898. 18. Immediately after the signature of this Agreement, and before the issue of the prospectus of the loan to the public, the Administrator- General will memorialize the Throne and obtain an Imperial Edict con- firming and sanctioning the provisions of this Agreement, the Impe- rial Edict so received being then communicated officially and without delay by the Tsung-li Yamen to the British Minister in Peking. 19. The Corporation may, subject to all its obligations, transfer or delegate all or any of its rights, powers, and discretions to any Brit- ish Company, Directors, or Agents, in consultation with the Admin- istrator-General, with or without power of further transfer and sub-delegation. 20. This Agreement is executed in quadruplicate in English and Chinese, one copy to be retained by the Administrator-General, one by the Tsung-li Yamen, one by the British Minister in Peking, and one by the Corporation. Should any doubt arise as to the interpreta- tion of the contract, the English text shall be accepted as the standard. Signed at Peking by the Contracting Parties this 25th day of the eighth month of the twenty-fourth year of the Emperor Kuang-Hsu, being the 10th day of October, 1898, Western Calendar. 27938—04 22 No. 47. CHESTA. REGULATIONS CONCERNING FOREIGN LOANS IN CHINA FOR MINING AND RAILWAY PURPOSES. October 26, 1898. On October 26th, 1898, the Tsung-li Yamen sent the following instruction to the Chinese diplomatic representatives: On the 4th day of the eleventh moon in the seventeenth year of Kwang-hsu (December 4, 1891), this Yamen transmitted to the repre- sentatives of foreign powers at Peking — copies of a joint memorial presented on the 24th da}^ of the tenth moon in the seventeenth year of Kwang-hsu (November 25, 1891), by the Board of Revenue and this Yamen, which provides that in the negotiation of a foreign loan by Chinese oflScials, of whatever rank, the agent for the interested foreign capitalists is required to report first to the representative of his country at Peking — and ascertain from the Tsung-li Yamen whether the matter has been reported to and sanctioned by the Throne before making the loan; and that if a loan is made privately, notwithstand- ing the fact that there is no evidence of imperial sanction, the Gov- ernment will neither recognize the claim nor undertake to compel restitution in case of trouble, though the official seal may have been affixed to the contract. On the 7th day of the eleventh moon (Decem- ber 7, 1891), copies of the above-mentioned memorial were sent to the diplomatic representatives of China abroad with the request that copies be communicated to the departments for foreign affairs of the respective countries to which they were accredited, in order that the same might be published for the information of foreign capitalists. On the 24th da}'^ of the sixth moon in the twenty-fourth year of Kwang-hsu (August 11, 1898), a memorial was presented to the Throne by the Department of Mining and liailroads, reporting the establish- ment of that department at Peking and recommending that the various propositions started by officials and private individuals before the establishment of the department but not adopted should not be deemed as settled, and was duly approved by the Emperor. Now, on the !^8th day of the seventh moon (September 13, 1898) copy of a memorial to the Throne presented by Hu Yu-fen, governor of Peking, was received from the privy council, proposing that the 338 TKEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 339 Tsung-li Yamfen be commanded to inform all the Diplomatic Represent- atives of foreign powers at Peking, with the view of their notifying the capitalists of their respective countries, that all contracts for foreign loans entered into by the provincial authorities for the open- ing of mines and the construction of railroads without the written approval of the Imperial Government shall be deemed null and void, together with an imperial decree ordering the Tsung-li Yam^n to devise means for carrying the same into eflfect. In view of the undeveloped state of the mineral resources of the various provinces of the Empire and the initial stage in the construc- tion of trunk and branch lines of railroads, it has been this Yamen's policy to allow foreign capital to be used for these purposes, to the end that both Chinese and foreigners may derive advantages there- from. But, in order to obtain good results, affairs must be well managed and money must be economically expended. It is feared that there may be unscrupulous Chinese persons who, claiming with fraud- ulent intent to be concessionnaires of this road or that mine, may enter into private agreements with foreign capitalists for the purpose of obtaining money under false pretenses, and that foreign capitalists may become unwitting victims of such f mud and waste their substance to no purpose. This certainly is not the object of our Government in developing the resources of the Empire, by opening mines and con- structing railroads for the mutual benefit of Chinese and foreigners. Now, this Government desires to give it the widest publicity, that all contracts for foreign loans to be expended for the opening of mines and construction of railroads in China, in order to be valid, must be certified and approved by the Department of Mining and Railroads, and that all agreements privately entered into with foreign capitalists without the certification and approval of the Department, no matter how large the amount of subscribed capital may be for the purpose of opening mines and constructing railroads, shall be deemed null and void, so as to put a stop to all fraud and deception and encourage fair and honest dealing. Copies of this communication have been transmitted to the Diplo- matic Representatives of foreign powers at Peking, and you ^'are requested to communicate a copy of the same to the Secretary of State for his information, and when you have received his reply to send a copy to this YamSn. Dated this 12th day of the ninth moon in the twenty-fourth ^ear of Kwang-hsu (October 26, 1898). ^^That is to say the Chinese Minister at Washington, who communicate48 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 349 country also start a Company on the same lines, with both Chinese and foreign shareholders, the mines of the one (/ompany will have to be kept distinct from those of the other. Different Prefectures and districts will be granted to each Company to work in, and their pro- ceedings should be regularly reported to the head office, but the Rules and Regulations of this Agreement must, however, be complied with by all to prevent any unfairness. Any Company composed of foreign shareholders only and no Chinese shareholders shall not be allowed to work any mines. 4. The Hui Tung Company is to send out mining engineers to find out what mines are worth opening. This Company is then to consult with the Hua Yi Company to make maps and insert explanations, and submit the same to the Mining Bureau of Szechuan. If these mines are not already being worked by officials, gentry, or merchants, and if they are not injurious to the place, land is to be at once bought; such land is only to be enough for the shafts and the necessary build- ings. If the lands belong to the people, the lease or purchase shall be made by the Hua Yi Company by arrangement with the owners for a reasonable price. It can also be taken as a subscription of capital, and a proportionate value of shares granted to the owner. If it be public property, such as a monastery, temple, &c., the owners have the option of leasing it, renting it, or subscribing it as capital. The Hui Tung Company must wait till land is properlj' purchased before starting work, and no compulsory purchase or seizure of the land will be allowed. 5. After each mining property is bought by the Hua Yi Company, it is to be handed over to the Hui Tung Company for working. From the mines worked by the Hui Tung Company, such as coal, iron, petroleum, &c., the Hua Yi Company is allowed to collect rent at the rate of 5 per cent, on the value of the output, no matter whether such mines make money or not. To reckon the producing capacity and the prices of products, whether dear or cheap, the rent is to be paid on the real price at which the Hui Tung Company sells the products. The value must not be under estimated, and any undue advantage gained. With regard to gold sand obtained from gold mines, a rent of 5 per cent, will be charged on the pure gold obtained after the gold sand has been thoroughly washed, but not on the sand before it has been washed. • 6. Of the mines worked by the Hui Tung Company, such as coal, iron, petroleum, &c., there shall be paid to the Chinese Government, as producer's tax, 5 per cent, on the value of the output of the mines. Export duty shall be paid according to the existing Rules now in force. The Szechuan Mining Bureau shall authorize the Hua Yi Company to collect the producer's tax and to compare the same witll the rent, and thus there will be no difference or shortage. No officer 350 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. shall bo deputed for this purpose, so as to save unnecessary expense. The export duty is to be collected by the custom-house, and after the export duty is paid, no inland U-khi dues will be required. As regards the taxes to be charged on precious metals of all kinds, they are to be decided by the Board of Revenue. 7. The Hui Tung Company is to send engineers to find out all the mines that are to be opened and to consult with the Hua Yi Company, which submits the same for the approval of the Mining Bureau. Should a mine be found in a Government hill, the opening of which will not be injurious to the place, permission will be granted to open it. The ordinary land tax on such land would, however, be too small a sum for the Company to pay the Government for its use. In the case of Government land, therefore, the 5 per cent, rent and the 5 per cent, producer's tax are to be collected at the same time, and both paid to the Chinese Government; but 10 per cent, of the rent is to be reserved to pay the expenses of the Mining Bureau and the Hua Yi Compan^^ The Hui Tung Compan}" is to pay the export duty. 8. The area of Szechuan is very extensive, and all sorts of mines exist. Chinese who work on their own property are only required to obtain the necessary permission, pay the necessary taxes, according to the Rules in force, and they are in no way restrained. But if foreign merchants undertake to work the mines, their operations must be limited in some way or other. They must confine themselves to certain intendancies, prefectures, or districts, and not take the whole province as their sphere of work. Now work must be started in the interior first, and at the boundaries afterwards. The Hui Tung Company shall then send engineers to find out first where are mines to be opened and what mines they are: if the same be in districts apportioned to savages, the Hui Tung Company must wait till they find out whether the advantage will be greater than the injury, and devise other means to open them. The Hui Tung Company in such event cannot compel the Hua Yi Company to buy the land quickly and hand it over for work- ing. Any possible cause of disturbance must be avoided. 9. When prospecting for mines, if any boring or sinking of shafts be necessary to examine mineral deposits, an arrangement should first be made b}" the Hua Yi Company with the land-owner for the Hui Tung Company to compensate him according to market prices for any crops, &c., injured. After the mines are opened, should there be an}^ damage to life or buildings caused by land-slips or subsidence in the mines, the Hui Tung Company shall make charitable compensation. If after mines are opened cemeteries or mortuary shrines are met with, some plan must be devised to avoid them if the owners do not like to remove them for money given; no excavation will be allowed. In excavating, as long as the galleries dug below the ground are not injurious to the soil above, rascals are not to be allowed to obstruct TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 351 the work on the grounds that it is injurious to "Feng Shui." Local authorities must be applied to for protection. The Hui Tung Company is not, however, allowed to claim compensation on these grounds in case it cannot succeed. 10. Whenever it may be necessary to make roads, build bridges, open or deepen rivers, erect sheds, make tools, or other necessaries for mining purposes, and land is required for such purposes, the Hua Yi Company is to buy the land and the Hui Tung Company to pay for it. If water power is required for machinery, and enormous work is done on it, no other person is allowed to make use of it. If branch railways have to be constructed in order to connect the mines with the usual trade routes, a thorough survey must be made of the proposed lines and maps drawn with explanations attached. These must be submitted to the Mining Bureau, which will foi*ward them to the Szechuan Vice- roy and head office at Peking for record and sanction. Nothing of the kind should be undertaken without such sanction. If telegraphs and telephones are wanted for connecting the various mines, the same are to be submitted to the Mining Bureau for approval. 11. The Hua Yi Company is to deal with all matters of negotiation, and the collection of rent and taxes; the Hui Tung Company to super- intend and work all mines. Each has its own sphere of work, but each Company may inquire into the others affairs. A Chinese Manager and a foreign Manager should be appointed for each mining work, whose salaries shall be paid by the Hui Tung Company. The majority of the overseers should be Chinese, and all the miners natives of the province. All are to receive adequate wages, and further Rules must be made on this subject by the Hua Yi and Hui Tung Companies. Later on, tTie Mining Bureau should instruct the Company to select for important positions any Chinese who may have become proficient in mining engi- neering. They are to be treated the same as foreigners, to encourage improvement. 12. On opening the mines, the Hui Tung Company shall establish a School of Mining and Railway Engineering 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 be thus prepared for future employment on railwaj^s and in mines. 13. At places where mines are opened, the Mining Bureau should apply to the local authorities for protection. Such mines should also obey their rules, and enrol volunteers to guard against thieves, &c. If the natives should enrol themselves as volunteers of their own accord to protect the localities, the Hui Tung Company should also subscribe towards their expenses. 14. The Mining Bureau, acting as intermediary between the supe- riors and subordinates, is to attend to all negotiations between natives 352 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. and foreigners and matters of protection. The work involved, as well as the expenses, will be great. The Hui Tung Compan}^ should there- fore start work within three months after the signing of this Agree- ment, and pay the Mining Bureau the sum of 100 taels per month for its working expenses for each mine, reckoning from the day when work is started. There will be no other charges besides this. If work be not started after six months this Agreement is considered can- celled, and the Hua Yi Company will be at liberty to invite other mer- chants to take up the work. It will be no concern of the Hui Tung Company. 15. The Hui Tung Company shall work all the mines according to the existing Rules adopted by the head office. After paying the pro- ducer's tax and the export duty, if there should be a profit b}' the annual accounts, there shall first be paid 6 per cent, interest on the capital employed, next 10 per cent, of the remainder of the profit shall be set aside as a sinking fund for the 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 Hui Tung Company for its own dispo- sition. 16. The Hui Tung Compan}'- is to open not one mine, but a large number. 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. fL7. At the end of every year, the Hui Tung Company- shall make up distinct accounts of the different mines, whether profitable or not, and the same must be audited by the foreign and Chinese Managers, and when found correct, a printed account of profit and loss shall be rendered by each mine to the Mining Bureau for approval. A gen- eral account of profit and loss for all the mines shall then be prepared and submitted to the head office at Peking, the Board of Revenue, and the Viceroy of Szechuan for audit. Payments due to the Government shall be remitted at the same time. The report shall show the real amount of money due to the Government in order to avoid all discrep- ancies in the accounts. The Chinese Government and the Hua Yi Company are not to be held resix)nsible in case of loss. 18. The Hui Tung Company is to have control of all the mines opened by them for a period of fifty years, reckoning from the date on which each mine is opened, on expiration of which temi all the mines, whether profitable or not, shall, with all plant, machinery, materials, buildings, roads, and all property acquired by the capital of the mines, be handed over gratis to the Chinese Government with- out asking for compensation, and in due time the Mining Bureau of TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. 353 Szecbuan shall report to the head oflSce at Peking, and the Viceroy of Szechuan shall send Deputies to take delivery of the same. The land rented by the Hua Yi Company shall be handed back to the original owners. 19. The Hui Tung Company being formed of Chinese and foreign shares shall, at its own choice, sell and buy its shares according to the fluctuation of the market rates. If the Hua Yi Company, or any Chinese gentry or merchants, shall, within the said term of fifty years, acquire three-fourths of all the shares in the Hui Tung Company, the mines may then be taken over from the Hui Tung Company, and the Mining Bureau shall report upon the same and direct the said share- holders (merchants) to take charge of the mines. 20. Should any mines opened on land bought by the Hua Yi Com- pany and handed over to the Hui Tung Company, be stopped on account of no profits being made, and the rent cease to be paid, then the Hua Yi Company has the option of adopting other means to open such mines, or use the land for any other business. This, of course, is to prevent the money spent on the land from being wasted, and, consequently, has nothing to do with the Hui Tung Company. 21. If the Hui Tung Company sends out engineers who discover certain mines in certain places, and report the same to be rich, but cannot guarantee the same, and it is exceedingly difficult to purchase the necessary land for working such mines, the Hui Tung Company should in such cases pay the purchase-money for the land to the Hua Yi Company, who shall have the said land purchased and handed over for working. This will prevent the purchase-money being wasted. If a mine is discovered in the land purchased, the price paid for the land will be repaid to the Hui Tung Company by deducting the rent of 5 per cent, until the whole purchase-money is paid oflf, when the Hua Yi Company shall again collect the rent of 5 per cent, as usual. Should there be no mine in the land purchased, no rent shall be pay- able to the Hua Yi Company, and the Hui Tung Company, being unable to recover the purchase-money, shall not deduct the same, with interest, from any other mine. This is agreed to by both parties, and a further guarantee will be given at the time. 22. All machinery, materials, and supplies needed for the mines opened by the Hui Tung Company shall, on importation, be subject to the Itules in force for the Kaiping and other Mining Companies, and pay one full duty and one-half duty to the Maritime Customs, and shall be exempt from all inland li-Mn duea» 23. These mines being under the sovereignty of China, should China ever be at war with another country, the said Company shall obey the orders of the Chinese Government, and grant no aid to the enemy. 27938—04 23 354 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 24. The Hua Yi Company and the Hui Tung Company shall obey all Rules and Regulations adopted and memorialized by the head office, even if the same be not stipulated in this Agreement. 25. This Agreement, with Regulations agreed upon, shall be made out both in Chinese and English, in eight copies, to be signed by Director Li Tai Ching, of the Hua Yi Company, and Foreign Assist- ant Director Morgan and Chinese Assistant Director Liu Hsio Shun, of the Hui Tung Company, and to be sealed by the seal of the Mining Bureau of Szechuan. One copy each of this Agreement is to be sent to the Mining and Railway Board at Peking, the Tsung-li Yamfin, the Board of Revenue, the Viceroy of Szechuan, and the Treasurer of Szechuan, for reference. Of the remaining three copies, the Szechuan Mining Bureau, the Hua Yi Company, and the Hui Tung Company are to keep one each as proof. If there be any mistakes in the trans- lation, the Chinese text shall hold good. Signed this 14th day of April, 1899. No. 51. GREAT BRITAIN AND GERMANY, PRELIMINARY AGREEMENT RELATING TO THE CONSTRUCTION OF A RAILWAY BETWEEN TIEN-TSIN AND CHIN-KIANG.« Ratified May 24, 1899. This Preliminary Agreement relating to the construction of rail- ways between Tien-tsin and Chinkiang is made between their Excel- lencies Hsu and Chang, duly authorized to act on behalf of the Imperial Government of China, hereinafter called ''the Imperial Directors," of the one part; and (a) the Deutsch-Asiatische Bank; (5) the Hong Kong and Shanghae Banking Corporation for themselves and on behalf of Messrs. Jardine, Matheson, and Co., as Joint Agents for the British and Chinese Corporation (Limited), hereinafter called "the Syndicate," of the other part. 1. The Imperial Government of China authorizes the Syndicate to issue an Imperial Government 5 per cent, gold loan for an amount pf about 7,400,000/., this amount being subject to modification later after the completion of the survey. 2. The loan is designed to provide the capital for the construction of Government railway lines from a point at or near Tien-tsin, through Titchow and Tsinanf u to Thsien near the southern frontier of Shangtung, hereinafter known as the northern part of the Tien-tsin- Chinkiang railway lines, and from Thsien to Kuachao (Chinkiang) on the Yang-tsze Kiang, hereinafter known as the southern part of the Tien-tsin-Chinkiang railway lines, the total length of these lines being about 982 kilom., equal to about 1,800 Chinese IL 3. The capital so provided will include the funds required for roll- ing stock and other equipment and for working the lines together with interest on the loan during the period of construction, which is esti- mated to occupy about five years from the date of the loan, but which will finally be fixed after survey. 4. The rate of interest for the loan shall be 5 per cent, per annum on the nominal principal and shall be paid during the time to be fixed for the construction out of the proceeds of the loan, and afterwards out of the revenue of the lines named, iii half-yearly instalments, according to the amounts and dates of a Schedule which will be attached to the Final Agreement. « British Parliamentary Blue Book, China No, 1 {1900), p. 175. 366 356 TREATIES AND CONVENTIONS WITH CHINA AND KOBE A. 5. The term of the loan shall be fifty years. Repayment of principal shall commence in the eleventh year from the date of the loan, and shall be made by a yearly sinking fund in shares to be determined in the Final Agreement to the Deutsch- Asiatische Bank, and the Hong Kong and Shanghae Banking Corporation in yearly instalments out of the revenue of the lines according to the amounts and dates of the Schedule to be attached to the Final Agreement. 6. In the event of the Imperial Government of China wishing to redeem, after the lapse of thirty years from the date of the loan, the outstanding amount of the loan, or any portion of it not yet due, from funds hondfide belonging to the Chinese Government or subscribed by Chinese merchants, the conditions for such redemption must first be arranged with the Syndicate when the time ari-ives. 7. The yearly payments due for amortization and the half-yearly payments due for interest, except as otherwise provided in clause 4, shall be made in accordance with the amounts and dates of a Schedule to be attached to the Final Agreement, in shares to be determined by the Final Agreement, out of the joint net revenues of the railway lines to the Deutsch- Asiatische Bank and the Hong Kong and Shanghae Banking Corporation by the Boards of Commissioners hereinafter mentioned, who shall hand to those banks, at their branches in Shanghae, twenty -one days before the due date named in the Schedule funds in Shanghae Sycee, sufficient to meet such payment in sterling in Europe, the rate of exchange for which shall be settled with those two banks on the same day on a fair basis. In reimbursement of expenses connected with the service of interest and principal of the loan, the two banks will receive a commission of one-quarter per cent, on the annual loan service. 8. The Imperial Government of China hereby engages that the interest and principal of this loan shall duly be paid in full, and should the revenues of the railways not be sufficient to provide for the due and full payment of interest and repayment of principal of this loan, the Imperial Director must memorialize the Throne, and the Imperial Government of China will thereupon make arrangements to insure that the amount of deficiency shall be met from other sources and handed over to the banks twenty-one days before the due date of the funds required to complete full payment of interest and repayment of principal. This clause to be open to reconsideration in the Final Agreement. 9. This entire loan shall be secured by a first mortgage on the per- manent way rolling stock and entire property together with the revenue of the lines named in clause 2. No further loan, charge or mortgage, shall be charged on this security, except with the written consent of the two banks, until the present loan is returned. In the event of default in payment of interest or repayment of principal of this loan on TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 357 due date the railway lines and property so mortgaged shall be handed over to the Syndicate to be dealt with in such a manner as may be legal and necessary for the full and eflFective protection of the bond- holders. When the loan is completely redeemed, clause 29 of this Agreement shall take effect. 10. The Sj'ndicate will be authorized to issue to the subscribers to the loan, bonds for the total amount of the loan in pounds sterling in such form, in such languages, and for such amounts as shall appear advisable to the Syndicate, and these bonds shall be sealed in China by the Imperial Directors and in Europe by the Minister for China, in Berlin or London as evidence that the Imperial Government of China is bound thereby as debtor of the loan. Provision will be made in the Final Agreement for the case of bonds lost, stolen, or destroyed. 11. All bonds and coupons and payments made and received in con- nection with the service of this loan shall be exempt from all Chinese taxes and imports for ever. 12. All details necessary for the prospectus and connected with the service of the interest and repayment of the principal of this loan, not explicitly provided for by the Final Agreement, shall be left to the arrangement of the Syndicate who will be authorized to issue a pros- pectus of the loan as soon as possible after the signing of the Final Agreement. The Imperial Government of China will instruct the Chinese Min- isters in Berlin and London to co-operate with the representatives of the Syndicate in any matters requiring conjoint action, and the Chinese Minister in Berlin will sign the prospectus of the loan as required by the Rules of the Berlin Stock Exchange. 13. The loan shall be floated in one or more series at the discretion of the Syndicate, due regard being had to the interest of China; but the floating of the loan shall not be delayed more than necessary, sub- scriptions being invited by the Sj^ndicate in Europe and in China from both European and Chinese on equal conditions. 14. The price of the loan shall be 90 per cent, net on the nominal principal to the Chinese Government. The proceeds of the loan shall be paid to the credit of a Tien-tsin-Chinkiang Imperial Government railway account with the Deutsch-Asiatische Bank, Berlin, and to the credit of a Tien-tsin-Chinkiang Imperial Government railway account with the Hong Kong and Shanghae Banking Corporation, London. The payment into the credit of these accounts shall be made in such instalments and on such dates as the conditions allowed to the sub- scribers to the loan shall admit. Interest at a rate to be arranged from time to time shall be granted on the credit balance of the railway accounts. After deduction of the funds required for the service of interest and for commission on this service during the time of construction. 358 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. the Deutsch-Asiatische Bank will hold the proceeds with accrued inter- est to the order of the Board of Commissioners appointed for the northern part of the Tien-tsin-Chinkiang Railway lines, and the Hong Kong and Shanghae Banking Corporation will hold the proceeds with accrued interest to the order of the Board of Commissioners appointed for the southern part of the Tien-tsin-Chinkiang Railway line. The Commissioners, in drawing the sums necessary for the construction, shall give notice to the banks fourteen days before the day on which they are required. 15. If during the time of construction the whole amount of the instalments with accrued interest to be paid by the Syndicate should, after deduction of the sums necessary for the service of interest on the loan, not be sufficient for the construction of the itiilway lines, the amount of deficiency shall be provided by a supplementary loan to be issued by the Syndicate, the interest and other conditions of which are to be the same as in this Agreement, but the price must be arranged when the time arrives. If after the completion of the lines there should be a balance at credit of the Tien-tsin-Chinkiang Railway account, the Syndicate shall transfer such unused balance to the credit of the loan service reserve fund, hereinafter mentioned as a provision for payments to which the Government is bound by clause 8 of this agreement. 16. If before the publication of the prospectus for the issue of the loan any political or financial crisis should take place in Europe or elsewhere, by which the markets and the prices of existing Chinese Government stocks are so affected as to render the successful issue of the loan impossible on the terms herein-named, the Syndicate shall be granted such extension of time for the performance of their contract as the circumstances demand, or shall have the right to withdraw from their contract with the Chinese Imperial Government, which shall in that case become null and void. 17. The Deutsch-Asiatische Bank on the one side, and the Hong Kong and Shanghae Banking Corporation for themselves and on behalf of Messrs. Jardine, Matheson, and Co., as joint agents for the British and Chinese Corporation (Limited), on the other side, shall take the loan in shares to be agreed upon by the Syndicate, and with- out responsibility for each other. 18. The northern part of the railway lines shall be constructed, equipped, and worked on behalf of the Imperial Chinese Government by the Deutsch-Asiatische Bank, and the southern part of the railway lines shall be constructed, equipped, and worked on behalf of the Imperial Chinese Government by the British and Chinese Corporation (Limited), under conditions as follows: — For each of these parts a Board of Commissioners shall be appointed to superintend the con- struction, equipment and working of the railway lines in accordance TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 359 with regulations to be arranged between the Imperial Directors and the Deutsch-Asiatische Bank and the British and Chinese Corporation (Limited). 19. An oflBce shall be provided for the Imperial Directorate, and a head oflSce shall be established for each Board of Commissioners. The Board of Commissioners for the northern and southern parts of the lines respectively appointed to superintend thfe construction and admin- istration shall each consist of five members: two Chinese managers representing the Imperial Directors and nominated by them, and three European members, namely, a representative of the Bank concerned, the Manager and the Chief Engineer, to be nominated by the Deutsch- Asiatische Bank, and the British and Chinese Coiporation (Limited). In case any foreign or Chinese members of the Boards of Commis- sioners do not work well together, it shall be open to the Imperial Directors, the Deutsch-Asiatische Bank, and the British and Chinese Corporation (Limited), to mutually discuss means to arrange and deal with the matter. The foreign and Chinese railway staflF, including a Ti-tiao, shall be appointed by the Boards of Conunissioners, who will report the appointment to the Imperial Directors. In the event of an important appointment the two Chinese members of the Boards may first consult the Imperial Directors. The principal members of the railway staflF shall be capable and experienced Europeans, but Chinese with sufficient experience in engineering or traffic may also be appointed. Foreign and Chinese members of the railway staflf shall, in the event of incapacity or misconduct, be dismissed by the Boards of Conmiis- sioners, who will inform the Imperial Directors of the same. The salaries of the five members of each Board of Commissioners and of the foreign and Chinese railway staflF shall be arranged by the Deutsch-Asiatische Bank, the British and Chinese Corporation (Limited), and the Lnperial Directors, and paid by the head office of their respective sections. 20. The plans, estimates and all matters relating to survey must be submitted for approbation to the Board of Commissioners. The Chief Engineer shall indicate to the Chinese Commissioners the land which it is necessary to purchase, and which must be sufficient for the con- struction of a permanent way with double lines and dependencies, and the Chinese Commissioners shall thereupon eflTect such purchases at a price to be based on a scale to be arranged after survey. In the event of the route proposed by the Chief Engineer passing through towns, villages, graveyards, or other points, where much obstruction is encountered, the Chief Engineer will, together with the Board of Commissioners, consider means of diverting the proposed railway route in order to avoid difficulties. 360 TREATIES AND CONVENTIONS WITH CHINA AND KOREA, 21. After completion of the survey and due inquiry aa to the pre- vailing provincial ll-1chi and customs dues, the Imperial Directors will arrange with the Deutsch-Asiatische Bank and the British and Chinese Corporation (Limited), regulations for the payment of li-hhi and duty upon merchandize and live-stock in transit over the railway lines. 22. All materials necessary for the constniction and working of the lines obtained either from foreign countries or from other provinces of China and the revenues derived from the railway shall be exempt from duty or taxation of all kinds, and the Imperial Government of China will instruct the customs and li-kin authorities accordingly. All material, plant and goods, shall be ordered from the Deutsch- Asiatische Bank and the British and Chinese Corporation (Limited), on conditions to be arranged in the Final Agreement. The plans, estimates and requisitions for materials shall be submit- ted to the Board of Commissioners by the Chief Engineer for refer- ence at their discretion to the Imperial Directors, and the same shall be furnished by the Deutsch-Asiatische Bank and the British and Chinese Corporation on the best possible terms. Due consideration will be extended to materials from the Hanyang Iron Works, if available when required and of a quality satisfactory to the Chief Engineers of the Syndicate. 23. The Deutsch-Asiatische Bank and the British and Chinese Cor- poration (Limited), shall during the working of the lines maintain the railways, buildings, works, rolling stock and dependencies in good order and condition. 24. Branch lines or extensions in connection with the Tien-tsin- Chinkiang Railway lines that may appear profitable or necessary later on shall be the subject of negotiations between the Imperial Directors and the Syndicate. 25. The tariff to be introduced by the European Manager shall be approved by the Boards of Commissioners who will take into consid- eration the tariffs of other existing railway lines in China, while keep- ing in view the necessity for attracting traffic. The European Manager may also be instructed so enter into arrangements for tariffs on through traffic over connecting lines. In case of war, foreign or internal, the railway lines shall be reserved in the first instance for the transport of Chinese troops, commissariat and munitions of war under the order of Lnperial Directors and at half the ordinary tariff rates, and the railways shall not engage in any service injurious to China. In case of famine, grain will also be transported over the lines at half the ordinary tariff rate under orders of the Imperial Directors. 26. All payments made and received in connection with the railway lines will be subject to the control of the Boards of Commissioners, and after the line is working estimates of receipts and expenditure shall be similarly submitted to the Boards. Regular accounts shall be TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA. 361 furnished through the Imperial Directors to the Railway and Mining Bureau of the Tsung-li Yamen and the Board of Revenue, Peking. All payments made must be represented by Chinese or foreign vouch- ers, as the case may be. 27. The profits from working completed sections of the railways during the time of construction shall be credited to railway construc- tion account. 28. Should any traffic business be apparent later on as likely to benefit the Imperial Government of China and increase the earning power of the railway lines, the Deutsch-Asiatische Bank and the British and Chinese Corporation (Limited) shall represent the same to the Imperial Directors, and request them to obtain the necessary authority to arrange the business. 29. The Deutsch-Asiatische Bank and the British and Chinese Cor- poration (Limited) shall work the lines on behalf of the Imperial Gov- ernment of China until the present loan is redeemed. As soon as the loan has been completely redeemed, this Agreement shall become null and void, and the railway lines and property named in this Agreement shall be handed over to the absolute disposal of the Chinese Government. 30. The annual net revenue is understood to be that resulting from the gross receipts of the passengers and goods traffic and the income from other sources, after deducting all working expenses, including maintenance of the permanent way, repairs and renovation of machin- ery and rolling stock, and all expenses of administration, besides deducting an amount to be determined by the Deutsch-Asiatische Bank and the British and Chinese Corporation (Limited) as sufficient for accumulating a reserve fund for extraordinary improvements or repairs. Of the surplus of the joint net annual revenue of the north- ern and southern railway lines, after payment of interest and repay- ment of principal of the loan, first, a participation of 20 per cent, will be granted to the Syndicate in remuneration for their management of the construction and the working of the railway lines; secondly, an amount equal to 10 per cent, of the gross earnings will be transferred to a loan service reserve fund, deposited with the two Banks, and the remainder will be at the disposal of the Imperial Government of China. An account of the said loan service reserve fund will be rendered yearly to the Railway and Mining Bureau of the Tsung-li Yamen and to the Board of Revenue, and the fund will be drawn upon onl}^ in the case of the revenue of the railway lines being insufficient to meet the service of interest and principal of the loan. On redemption of the loan being completed, the balance of this fund will revert to the Chinese Government. 31. The powers and authority given and delegated to the Imperial Directors by the Imperial Government of China shall, in the case of 862 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. their promotion or removal, be transferred to their successors, and the Deutsch-Asiatische Bank, the Hong Kong and Shanghae Banking Corporation, Messrs. Jardine, Matheson, and Co., and the British and Chinese Coiporation (Limited) may, subject to all their obligations, transfer or delegate all or any of their rights, powers, and discretions to any German or English Company, Directors, or agents with or without power of further transfer and sub-delegation. 32. DiflFerences arising between the Imperial Directors and the Syn- dicate will be taken up and decided with equity and justice by the Tsung-li YamSn on the one side, and the Minister for Geixnany and the Minister for Great Britain in China on the other side. 33. As soon as possible after the signature of this Agreement the Engineers of the Syndicate will be authorized by the Imperial Chinese Government to survey and report upon the proposed railway lines, when, subject to such report being satisfactory to the Syndicate, this Preliminary Agreement will be ratified by the Syndicate and replaced by a Final Agreement containing all necessary details. Modifications in the conditions of this Preliminary Agreement may be made subject to the consent of both parties. 34. The provisions of this Preliminary Agreement shall, immediately after signature, be ratified by an Imperial Edict,® which shall be com- municated by the Tsung-li Yam§n to the Ministers for Germany and Great Britain in Peking. 35. Five sets of this Agreement are executed in English and Chinese, one set to be retained by the Tsung-li Yamen, one by the Railway and Mining Bureau, and one by each Contracting Party. In the event of any doubt arising regarding the interpretation of the Contract, the English text shall rule. a Ratification was granted on the 24th of May, 1899. British Parliamentary Blue Book, China, No, 1 {1900), p. 190. No. 52. GERMANY. CONCESSION GRANTED THE 8GHANTUNG-EISENBAHN-GESELLSCHAFT FOR THE CONSTRUCTION AND OPERATION OF A RAILWAY FROM TSIN-TAO TO TSINAN FU. [Translation.] June Iot, 1899. In response to a request made by the Deutsch-Asiatischen Bank (German-Asiatic Bank), representing the Syndicate, formed for the establishment of a German-Chinese Company with the title of "Schantung-Eisenbahn-Gesellschaft" (Shantung Railway Company), the Imperial Government agrees to grant to said company a conces- sion for the construction and operation of a railway in the Chinese Province of Shantung, from Tsin-tao via Weihsien to Tsinan Fu with a branch line, starting from a point on the main line, to Poshan, accord- ing to the provisions of the German-Chinese Treaty of March 6, 1898, and under the following conditions: §1. The construction and maintenance of the railway shall be proceeded with bj^ a German-Chinese Company, to be organized by the Syndicate •upon the basis of the contract hereto attached. This company will have its domicile at first in Berlin but will never- theless remove the same to Tsin-tao within six months from the date of the granting of the concession. §2. The capital for the construction and operation of the railway is fixed at 54 Million Marks. Care is to be taken that Germans as well as Chinese may participate in the public subscription to the stock of the Company. More espe- cially, shall subscriptions be opened in the suitable commercial cen- ters of East Asia, and the amounts there subscribed shall receive proper consideration. §3. The management of the railway shall be domiciled at Tsin-tao. The election of the President of the Board of Directors as well as the Chief Operating Official must be approved by the Imperial Government. 363 864 TBKATIES AND CONVENTIONS WITH CHINA AND KOBEA. The following regulations govern the construction of the railway: I. In the building of the railway lines the special preparatory work shall determine the best possible connection with the most important coal fields, more especially with those of Weihsien and Tzechuan as well as the chief cities and towns between Tsintao and Tsinanfu, which, on account of their population or other significance, nfast be considered in their relation to railway traffic. In the construction of the railway station at Tsinan Fu consideration is to be given to the connection with the Hoang ho and the continua- tion of the railway on the one side to the southern boundary of the Province of Shantung in the direction of Kua-chou (Chinkiang), on the other side following the North Boundary of the same Province in the direction of Tientsin and Cheng-ting. The Compan}'' must obtain from the Imperial Governor permission to carry out the railway line, in accordance herewith, in the territory of Kiau-chou, outside this territory the permission of the Imperial Minister in Peking is to be obtained. The lines may be built for single track; however sufficient land for the construction of a double track must be provided. The gauge shall measure 1,436 meter. n. German material shall be used, as far as possible, in the construc- tion of the railways. III. The completion and opening of the main line from Tsin-tao to Tsinan Fu, and of the branch line to Poshan must follow within a period of 6 years, dating from the grant of the concession, and that of the railway section from Tsin-tao to Wei-hsien within a period of 3 years. Should the company be prevented from the fulfillment of these obli- gations by force major, the fixed periods shall be respectively extended. The following stipulations shall obtain for the operation of the railways: I. The Governor of Kiau-chou is to be notified of the proposed opening of the railway on any one section at least three days in advance of the time set. TBEATIE8 AND CONVENTIONS WITH CHINA AND KOEEA. 365 II. The railway is to be equipped in due time with rolling stock accord- ing to the requirements of traffic. The miaterial used shall be, as far as possible, of German origin. The company binds itself to permanently maintain the railways, buildings, workshops and rolling stock, including the telegraph plants, in good order and condition, in order that transportation may be made with security and according to the stipulations of the present con- tract. The company shall be held responsible therefor by the Imperial Government, but no stricter regulations shall be issued for railways outside of the Protectorate than those in force on the majority of the railways in China, built and operated under similar circumstances. The railway police regulations applicable within the Protectorate shall be in force along the line of railroad operation. m. The number of trains to be despatched is left to the discretion of the company, but it must meet the necessities of traffic as far as possi- ble. The establishment of a schedule and changes therein are subject to the approval of the Governor of Kiau-chou, with the understand- ing that no greater obligations shall be required of the company than in the case of the majority of other railways built and operated under similar circumstances in China. The time table is to be made public in due time. IV. The fixing of the tariff for transporting passengers and freight on every railway section is left to the discretion of the company for the first ten years, beginning on January 1st following the opening of the railway, but the maximum rates for the transportation of coal, to be fixed by the Imperial Government after consultation with the com- pany, may not be exceeded. Subsequent to this time, that is after the expiration of the ten years specified above, it is optional with the Imperial Government to fix the maximum rates for the various classes of passengers and goods every five years; within these limits the com- pany shall be at liberty to fix the charges of transportation. All maximum rates to be fixed by the Imperial Government shall, how- ever, not be lower than the maximum rates of the majority of railways built and operated under similar circumstances in China. Rates for transportation as well as changes therein must be made known to the Governor before adoption, and shall be published in due course. Increased rates, should they not be approved by the Governor, shall come into force three months after publication only. 866 TREATIES AND CONVENTIONS WITH CHINA ANl? KOBEA. V. Use of the railway is to be granted to everybody under similar conditions. Especially the rates fixed for ti*ansportation are to apply equally to all persons or goods of the same class. Facilities of trans- portation which under fulfillment of the same conditions do not benefit everybody are inadmissible. Exceptional tariffs require the approval of the Governor of Kiau-chou. Upon demand of the Imperial Government the Company is obliged to allow other contractors to connect with the i-ailway by means of private connecting tracks or junction railways, upon refunding to the Company the expenses incurred thereby, should the Company itself not build connecting tracks or junction railways within a reasonable time. The Company is further obliged to undertake the operation of the private connecting tracks and furnish the necessary means of transportation, for which it is to receive suitable compensation, and further, for a likewise reasonable compensation, to allow the passage of the necessary transportation material of the junction railways. §6. Should the company culpably offend against one of the obligations imposed upon it by this document and not complj'^ in due time with the injunction given by the Imperial Government to make good the offense, the Imperial Government may hold the company responsible for the losses accruing to the traflSc through its fault, in an adequate sum of money. Whether there has been a culpable offense on the part of the com- pany, and whether in consequence of such offense the order of the Imperial Government has not been properly complied with, and what amount shall be paid for accrued damages, shall be finally determined by a Court of Arbitration to be formed as provided for in Section 7. All moneys hereafter to be paid by the company shall be paid into the Treasury of the Imperial Government of Kiau-chou. Should a culpable action of the company relative to one of the imposed obligations contained in this document result in the railway section not being constructed or operated in due course, the Imperial Government is authorized to take over itself, or to cause to be taken over by a third party, the construction or extension of the railway and the organization or continuation of the traflSc, all at the expense of the company. The question as to whether such a culpable action on the part of the company exists is also to be finally decided by the Court of Arbitration to be formed according to paragraph 7 of this document. TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 367 The Court of Arbitration, provided for in Article 6, shall be formed in such manner that each party appoints two arbitrators and these shall elect an umpire. The Imperial Government will name its arbitrators to the company and, at the same time, request the company to appoint their arbitrators within four weeks, counting from the day of the handing in of the summons, and to name them to the Imperial Gov- ernment. If the company does not comply with this summons in due time, the Imperial Government will also elect the necessary arbitra- tors. The umpire is elected by a majority vote. In the case of a tie the umpire will be appointed by the President of the Hanseatic Upper District Court. The regulations of the Tenth Book of the Civil Process, unless otherwise stated in this document, shall hold good for the arbitration proceedings. §8. During the life of the concession, conveyed in this document, the Imperial Government will not grant to any other contractor the right to construct a railway section, running parallel in the same direction with the concessionary lines to the same points, or touching at several of their principal places. §9. The Imperial Government of Kiau-chou shall cede to the company such land in the Protectorate necessary for the construction of the railway, provided it is property of the Government and, according to the declaration of the Governor, not indispensable for Government purposes, upon payment of the price prevailing in the locality, but which shall not exceed 125,000 marks. The Imperial Authorities will, a<* far as possible, assist the company at their request to acquire more land if necessary, should it lie in the Protectorate or in the Province of Shantung. §10. The Imperial Government will grant to the company, upon their request, the concession for the construction and operation of the rail- ways from Tsinan Fu to I-chou Fu and from Tsin-tao to I-chou Fu, under conditions corresponding to those contained in this document. As regards these railways, the company is free to await the end of the year 1908 before presenting this request. The concessions not solicited in due time can be otherwise granted by the Imperial Government. 368 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. §11. The company shall pay a contribution from the yeariy net profits of the railway to be applied to the expenditures of the Government for the hai'bor works in the Bay of Kiau-chou and also to the general run- ning expenses of the Protectorate, which contribution is to be estimated as follows: If after the opening of the traffic of the railway from Tsin-tao to Tsinanfu, the net earnings of the railway would permit the payment of a yearly dividend of more than 5 per cent of the paid up capital which is used in operating the railway, there shall be paid into the Government funds of Kiau-chou the twentieth part of any surplus over 5 to 7 per cent, the tenth part of any surplus over 7 to 8 per cent, the fifth part of any surplus over 8 to 10 per cent, the third part of any sui'plus over 10 to 12 pepcent, and the half of any surplus over 12 per cent. §12. The Imperial Government reserves the right to purchase the rail- ways to be constructed by the company in accordance with this con- cession, after the end of sixt}'^ years, calculated from the date of the grant of the concession. The Imperial Government further reserves the right to buy at the end of every five years, including a one year's previous notice, all establishments, rolling stock, appurtenances, inclu- sive of the reserve and renewal funds earned by the railway enter- prise, upon payment of twenty -five times the amount of the average dividends paid during the last five years from its earnings, or, at least, however, the commercial value of the actual existing railway plants, workshops and rolling stock. In case there should be any doubt in ascertaining the value, a Court of Arbitration, formed according to Article 7, shall decide. Should no sum obtain the majoritj'^ of the votes cast the one nearest the average of the sums named by the indi- vidual arbitrators shall be accepted. The decision of the Court is final. §13. The transfer, in whole or in part of the concession granted to the company, according to this doc^ment, the rights and obligations apper- taining to it in exercise of the same, under maintenance of its conces- sionary character, as well as any alteration in the contract, must, to become valid, have the approval of the Imperial Government. The transfer of the concession itself or parts thereof to another com- pany', not German or German-Chinese, is prohibited. TBEATIE8 AND CONVENTIONS WITH CHINA AND KOREA. 869 §14. The Imperial Government reserves the right of appointing a com- missioner according to Article II of the second part of the German- Chinese Treaty of March 6, 1898. §15. A copy of this concession document will be delivered to the company as soon as the company is regularly formed by the Syndicate. §16. The charges for all expenses incurred in this document, especially the stamp duties, shall be borne by the Company. Baden-Baden June 1, 1899. (Signed) Imperial Chancellor Ptmce zu Hohenlohe' Schillings furst 27938-04 2A No. 53. RUSSIA. IMPERIAL ORDER FOR THE BUILDING OF DALNY AND CREATING IT A FREE PORT. « [Translation.] . July 30, 1899. To THE Minister of Finance. — Our Empire, comprising as it does immense territories in Europe and Asia, is called upon by Divine Providence to contribute to the pacific intercourse of the peo- ples of the East and the West. For the attainment of this historic object we have received the friendly assistance of the Chinese Empire, which has ceded to us the use of the Harbour of Talienwan and Port Arthur, with the adjacent territory, and has furnished for the Great Siberian Railway an outlet through its possessions to the Yellow Sea. Thanks to this wise decision of the Government of His Majesty the Emperor of China, the extreme limits of two continents of the Old World will very shortly be connected by an uninterruj^ted line of rails, which will secure for all nations the incalculable advantages of easy communication, and bring new regions within the operations of the commerce of the world. In our increasing solicitude for a scheme of such general utility as this, we have directed our attention to the first-rate importance which, when once the line is constructed, its terminus, the port of Talienwan, will acquire. Having declared after its occupation that this port was open to the commercial fleets of all nations, we deem it advisable now to proceed to the construction near this port of a town, to which we give the name of '' Dalny." At the same time, with a view to the commercial development of the future town, we grant to the same for the entire period for which its territory is handed over to Russia by China, under the arrangement of the 16th (27th) March, 1898, the right of free trade granted to free ports on the following conditions: — 1. The importation and exportation of goods of every kind are allowed free of customs dues in the town, port, and adjacent territory, within the limits determined by and liable to modification by the Minister of Finance. a Journal de St. Petersburg, August 5, 1899. 370 TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA. 371 2. The right of free trade thus granted does not affect transport, anchorage, and other dues of various kinds, levied at ports. 8. The Quarantine Regulations, issued with a view to preventing the introduction of infectious diseases, must be strictly observed by all ships entering the port. 4. Goods imported into Russia which come from the territory enjoying the right of free trade will be examined, will pay import duty, and will enter the Empire under the general conditions in force for the importation of foreign goods. Invoking the blessing of the Lord upon this truly pacific work of the future, we intrust to your care the superintendence of the con- struction of the town and port. Nicolas. Pbtebhof, Jvly 30^ 1899. No. 54. CHINA. EXPLANATORY AND ADDITIONAL REGULATIONS FOR MINES AND MINING.fl Impbbial Rescript, July 30, 18W. [Translation.] Whereas a joint Memorial was presented on the 19th November, 1898, submitting Regulations for mines and railways; and it was explained therein that future action should depend on circumstances, and that where additions and alterations were found to be expedient, they should, after careful investigation into the requirements of the case, be embodied in further Memorials and put in force; And whereas with regard to railway matters, a joint Memorial was presented on the 13th December, 1898, submitting a general scheme in which the various undei'takings were distinguished in order according to their urgency; And whereas both these Memorials were approved by the throne, and circulated for general guidance; And whereas since the opening of mines was sanctioned, various explanations of and additions to the former Regulations have been found to be necessary in this department also: Now, therefore, memorialists submit as follows: — When the State, which treats all men with equal kindness, allows mining operations to be undertaken by Joint-stock Companies com- posed of Chinese and foreign merchants, the intention is that such merchants should obtain a profit which is within the reach of all; it is not intended that they should be allowed to grasp the profit of a monopoly. Now, at present, when Chinese and foreigners apply for mining Concessions, as the Regulations allow the Companies to decide after survey in what places minerals exist, they invariably indicate only vaguely that such-and-such Prefectures, or such-and-such districts of a province, without indicating clearly certain places in certain districts ("hsien"), and specifying the number of miles included. The result is, that dishonest traders are allowed to conspire in bogus schemes and o British Parliamentary Blue Book, China, No, 1 (1900), p. 324^26. 372 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 373 obtain a monopoly by unfair means, and that honest and iond fide gentry and merchants draw back and keep in retirement, having no motive to exert themselves. This result is totally at variance with the original intention of the Concessions, and it is imperatively necessary that definite limits should be laid down. Setting aside, therefore, Concessions already sanctioned, which will continue to be treated according to Agreement, in future each appli- cant for permission to conduct mining operations must specify a cer- tain place in a certain district, and will not be allowed to indicate several places at the same time^ or to vaguely indicate a whole Pre- fecture or a whole district. Thus, monopoly will be checked, and profits made open to all. Secondly, the former Regulations provide that, in order to preserve sovereign rights, the control of all joint Chinese and foreign Com- panies must rest with the Chinese merchants, and there is also a clause providing that when three-tenths of the capital has been provided by Chinese-owned shares, foreigners can then be invited to buy shares in the concern. Although this provision was designed to develop and encourage enlightened progress, yet as the disproportion of three Chinese shares to seven foreign shares would tend to give the balance of power to outsiders, and gradually, as it were, to let the host be silenced by the clamour of the guests, it is necessary to rectify the original rule. Setting aside, therefore, Concessions already sanctioned, in future no undertaking can be commenced unless the shares held by Chinese and foreigners respectively are each one-half of the whole, in order to avoid bias. The management shall remain, as before, in Chinese hands, and no application on the part of .foreigners to conduct operations not under Chinese management shall be entertained. Thirdly, the former Regulations provide that in the case of applica- tions made by gentry or merchants in the provinces for permission to mine, the local authorities must see that such proposals are not con- trary to the Regulations before submitting them to the decision of the General Board, and must not take upon themselves to grant the appli- cations. Also that, in the case of applications made to the General Board direct, inquiries must first be made from the authorities of the province before the proposals are sanctioned, in order to prevent bogus schemes. The intention of the Regulations is that, when Chinese sub- jects undertake mining operations, they have to wait until inquiries are made and permission granted before inviting the co-operation of foreign shareholders, and that by this means only abuses can be prevented. If, before application is made, or before permission is granted, a foreign partnership is entered into to exploit the mines of a certain 374 TREATIES AND 0OKVENTION8 WITH CHINA AND KOREA. place, and afterwards, when inquiry is made, it is found that there are many objections in the way, and that it is impossible to carry out the undertaking, the merchants concerned only incur fruitless expenditure in surveying, &c., and not only is a want of consideration displayed, but bogus schemes and swindles are not got rid of. Here, too, the original rule requires explanation and addition. In future, therefore, when Chinese merchants apply for mining Concessions, they must wait until it is ascertained that there are no objections in the way, and until permission has been granted, and then only are they at liberty to invite foreign shareholders and enter into Agreements. After this, again, their Agreements must be submitted for investigation and approval before operations can be commenced. If partnerships are first formed, and applications submitted afterwards, such applications shall all be refused. Fourthly, the present Regulations provide that all enterprises must be commenced within six months from the date of sanction, under penalty of cancellation, but it is also provided that special cases are excepted from this rule. The result is that pretexts for delay are advanced so as to make a show of marking out claims without com- mencing genuine operations, and it is now necessary to define a strict limit of time. From the date of sanction the total limit shall be ten mpnths, and no mitter whether there are any special reasons or not, if this period is exceeded without operations being begun, the sanction given shall be cancelled. The local authorities may then intrust the undertaking to other persons, and the original applicants cannot dispute their rights. In other respects the former Regulations shall still hold good, and mines which have been already opened shall remain, subject to the old system, so as to avoid complications. • If these proposals are honoured by the Imperial sanction, memorial- ists will issue general instructions accordingl}^ The instructions of their Imperial Majesties the Empress-Dowager and the Emperor are humbly requested on the above explanatory^ and additional Regulations (or mining. The above Memorial has been drafted by the General Board for Railways and Mines, and presented in conjunction with the Tsung-li YamSn. Imperial Rescript, dated the 30th July, 1899: "Let it be as pro- posed." No. 55. GREAT BRITArCf . MEMORANDUM OF ASSOCIATION OF THE CHINESE ENGINEERING AND MINING COMPANY, LIMITED. Dated December 20, 1900. 1. The name of the Company is ^'The Chinese Engineering and Mining Company, Limited." 2. The Registered Office of the Company will be situate in England. 3. The objects for which the Company is established are: — {a) To enter into and carry into effect, with such modifications (if any) as may be agreed upon, the agreement mentioned in Clause 3 of the Company's Articles of Association: (i) To purchase, take on lease or otherwise acquire any mines, mining rights and metalliferous land in China or elsewhere, and any interest therein, and to explore, work, exercise, develop, and turn to account the same: (c) To carry on the business of colliery owners, coal and coke and metal merchants, iron founders, mechanical engineers and manufac- turers of agricultural implements and other machinery, tool-makers, brass-founders, metal-workers, boiler-makers, millwrights, machinists, iron and steel converters, smiths, wood-workers, builders, painters, metallurgists, electrical engineers, water supply engineers and gas makers: (d) To carry on any business relating to the winning and working of minerals, the production and working of metals, and the production, manufacture and preparation of any other materials which may be usefully or conveniently combined with the mining or engineering or manufacturing business of the Company, or any contmcts undertaken by the Company, and either for the purposes only of such contracts or as an independent business: (e) To undertake and execute any contracts for works involving the supply or use of any machinery, and to carry out any ancillar}"- or other works comprised in such contracts: (/) To buy, sell, manufacture, repair, convert, alter, let on hire and deal in apparatus, machinery, implements, rolling stock and hard- ware materials and articles of all kinds which shall be capable of being 375 376 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. used for the purpose of any business herein mentioned, or likely to be required by customers of any such business: {g) To crush, win, get, quarry, smelt, calcine, refine, dress, amal- gamate, manipulate and prepare for market, ore, metal and mineral substances of all kinds, and to carry on any other metallurgical operations which may seem conducive to any of the Company's objects: (A) To construct, execute, carry out, equip, improve, work, develop, administer, manage or control, in China and elsewhere, public or other works, buildings and conveniences of all kinds, which expression in this Memorandum includes roads, railways, tramways, docks, harbours, piers, wharves, canals, bridges, reservoirs, embankments, irrigations, reclamation, improvement, sewage, drainage, sanitary, water, gas, electric light, telephonic, telegraphic and power supplj'^ works, and hotels, warehouses, manufactories and mills of all kinds, and public or other buildings, and all other works or conveniences of public or private utility: (i) To build war and merchant ships and other vessels, and to nego- tiate the building and provision of the same in China and elsewhere by others: (J) To undertake the building of and armament of forts and the pro- vision of aruLs, guns, armaments and ammunition for the same in China and elsewhere, or to negotiate the undertakings of these works and supplies by others: (k) To undertake the dredging and repair of rivers and navigable and other waterways in China and elsewhere, or to negotiate the undertaking of these works by others: (l) To apply for, purchase, or otherwise acquire any contracts, decrees and concessions for or in relation to the construction, execu- tion, carrying out, equipment, improvement, management, adminis- tration or control of public or other works and conveniences, and to undertake, execute, carry out, dispose of or otherwise turn to account the same: (m) To carry on the businesses of cotton, wool and silk spinners and manufacturers, brick, tile, cement and rope manufacturers, oil, flour, rice, cotton and paper millwrights, builders and contractors, engi- neers, farmers, graziers, brewers, printers, bleachers, dyers, spinners, ship owners, ship builders, merchants, carriers, agents and importers and exporters: (/i) To purchase, build, enter into contracts with respect to the building of, take in exchange, charter or otherwise acquire and hold steamships and vessels or craft of every description, or any shares or interests in steamships, vessels or craft, or in their insurance, freights and engagements, and also shares, stocks and securities of an}^ com- panies possessed of or interested in any ships or vessels, and to main- tain, repair, reclass, improve, alter, sell, exchange or let out to hire. TREATIES AND CONVBITnONS WITH CHINA AND KOKEA. 377 or charter, load on commission, mortgage, sell or otherwise deal with and dispose of any ships, vessels or shares or securities as aforesaid: (o) To apply for, purchase or otherwise acquire any patents, bre- vets d'itivention, licenses, concessions and the like, conferring an exclusive or non-exclusive or limited right to use, or any secret or other information as to any invention which may seem capable of being used for any of the purposes of the Company, or the acquisi- tion of which may seem calculated directly or indirectly to benefit this. Company, and to use, exercise, develop, grant licenses in respect of or otherwise turn to account the property, rights and information so acquired: (p) To purchase, hire or otherwise acquire, use, maintain, sell, exchange or otherwise deal with or dispose of and turn to account, all plant, machinery, live and dead stock, implements, stores and mate- rials of every kind requisite for any of the purposes of the Company, and to acquire, by purchase, lease or otherwise, any lands or build- ings, real or personal property, easements, rights or privileges which the Company may think suitable or convenient for any purposes of its business: (g) To acquire and carry on all or any part of the business or prop- erty, and to undertake any liabilities of any person, firm, association or company possessed of property suitable for any of the purposes of this Company, or carrying on any business which this Company is authorised to carry on, or which can be conveniently carried on in connection with the same, or may seem to the Company calculated directly or indirectly to benefit this Company, and as the consideration for the same to pay cash, or to issue any shares, stocks or obligations of this Company: (r) To transact or carry on all kinds of agency business, and in particular in relation to the loan, transmission or investment of money, the sale of property, and the collection and receipt of money, and to lend money to such^persons and on such terms as may seem expedient, and in particular to customers of and persons having dealings with the Complany, and to give any guarantee or indemnity as may seem expedient: (s) To promote any other company or companies for the purpose of its or their acquiring or taking over all or any of the property, rights and liabilities of this Company, or for any other purpose which may seem directly or indirectly calculated to benefit this Company, and to purchase, subscribe for or otherwise acquire, and to hold the shares, stocks or obligations of any company, in the United Kingdom or elsewhere, and upon a distribution of assets or division of profits, to distribute such shares, stocks or obligations amongst the Members of this Company in specie, and generally to distribute among the Members any property of the Company in specie: 878 TREATIES AND OONVENTIONH WITH CHINA AND KOREA. (t) To carry on any other business which may seem to the Company capable of being conveniently carried on in connection with any busi- ness which the Company is authorised to carry on, or calculated to enhance the value of, or render profitable, any of the Company's prop- erties or rights: (u) To borrow or raise or secure the payment of money, and for those purposes to mortgage or charge the undertaking and all or any part of the property and rights of the Company, present or after acquired, including uncalled capital, and to create, issue, make, draw, accept, and negotiate perpetual or redeemable debentures or debenture stock, bonds or other obligations, bills of exchange, promissory notes or other negotiable instruments: {r) To sell, let, develop, dispose of or otherwise deal with the undertaking, or all or any part of the property of the Company, upon any terms, with power to accept as the consideration any shares, stocks or obligations of any other company: (w) To pay out of the funds of the Company all expenses of or incident to the formation, registration and advertising of or raising money for the Company, and the issue of its capital, including broker- age and commissions for obtaining applications for or placing shares, and to apply at the cost of the Company to Parliament for any exten- sion of the Company's powers: {x) To carry out all or any of the foregoing objects as principals or agents, or in partnership or conjunction with any other person, firm, association or company, and in any part of the world: (y) To procure the Company to be registered or recognised in any foreign country or place, or in any colony or elsewhere: (z) To do all such other things as are incidental or conducive to the attainment of the above objects. 4. The liability of the Members is limited. 5. The capital of the Company is £1,000,000, divided into 1,000,000 shares of £1 each, with power to increase and with power from time to time to issue any shares of the original or new capital with any preference or priority in the payment of dividends or the distribution of assets, or otherwise, over any other shares, whether ordinarj' or preference, and whether issued or not, and to vary the regulations of the Company as far as necessary to give effect to any such preference or priority, and upon the subdivision of a share to apportion the right to participate in profits in any manner as between the shares resulting from such subdivision. We, the several persons whose names and addresses are subscribed, are desirous of being formed into a Company, in pursuance of this Memorandum of Association, and we respectively agree to take the number of shares in the capital of the Company set opposite our respective names. TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 379 Names, addreeaes, and descriptions of subscxibera. Number of shares taken by each sub- scriber. Emeet Pears, 22, Austin Friars, E.G., Secretanr Edmond Ponsonby Tennant, 7, Brookfield Terrace, Walthamstow, Essex, Company Clerk .' Norman Nolckman, 8, Elm Road, Beckenham, Clerk Herbert Owen, 76, Bayswater Road, Stoke Newington, Gentleman . . . Ricbard Wentworth Lucy, 28, Bromley Street, Stepney, E., Clerk ... Arthur J. W. Lawson, 43, Forest Drive West, Leytonstone, Secretary. H. W. Brown, 63, Mackenzie Road, Beckenham, Kent, Gentleman... One. One. One. One. One. One. One. Dated the 20th day of December, 1900. Witqess to the above Signatures — Thomas Winter, Clerk to Measrs. Ashiirat^ Morris^ Orisp <& Co.^ SoUdtora^ 17,, Throgmorton Avenue^ London,, E. C. No. 56. CHINA. RULES AND REGULATIONS FOR MINING ISSUED BY THE CHINESE GOVERNMENT. April, 1902. [Translatioii.] (1) All persons intending to engage in mining, whether with native shareholders or by borrowing foreign capital, must first of all clearly petition the Foreign Office and present the petition in person, or request the viceroy or governor of their respective provinces to for- ward their application to this board, and await an official reply. Whenever permission to mine is given, a 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 conmienced. 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 TBEATIE8 AWD 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' ($68) worth of coal, iron, antimony, alum, borax, etc., 5 taels (^.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 OfBce 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 i^ust 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 occut)ied. (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. 882 TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. (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, t)e 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, may report to the Foreign OflBce. 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. No. 57. CHINA, KEVISED REGULATIONS FOR RAILWAY CONSTRUCTION IN CHINA. Dbcembbr, 1903. [Translation.] Ar'Tigl.e I. This Board having, in obedience to an imperial edict, taken over the direction of railway and mining affairs, 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 sanctioned by the Throne; there must be no disobedience. Art. 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 CONVENTIONS WITH CHINA AND KOREA. prevent any intentional obstruction. As to the purchase of the ground by the company, the local officials must fix a fair price; they 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 satisfy 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 authorit}'^ of the company to manage its own affairs. Should the company meet with losses the matter must be TREATIES AND CONVENTIONS WITF. 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 600,000 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 by this Board and sane- 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 repay ; 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 accumulated are all Chinese owned, and if, after the work on the road for which application was made has been all completed, the company shall ipply 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 entei*prise, 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 2b 886 TBEATIE8 AND CONVENTIONS 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 8i 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. ^., 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 foimdation 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 plac»es 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 ma}^ 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. Art. XVII. If a company shall get into a quarrel, or there arise any other diflSculty 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 pennitted 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. Art. 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 888 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 considemtion 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. XXIL 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 I'ailway, 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. No. 58. BELGIUM. CONTRACT FOR BUILDING A RAILWAY FROM KAI-FENG FU TO HO-NAN FU. Signed at Shanghai, 1904. [Trauslatlon.] Between the Undersigned: 1** The Imperial Chinese Railway Company, represented by H. E. Sheng Kung Pao, Director General, duly authorized by the Chinese Government, 2** La Compagnie G^n^rale de Chemins de Fer et de Tramways en Chine, represented by Monsieur Armand fiouffart, its delegated Administrator, provided with full powers. It HAS BEEN AGREED AS FOLLOWS: Article I. The Director General of the Imperial Chinese Railway Company H. E. Sheng Kung Pao has asked, in a report, the Chinese Govern- ment that a line of railXvay should be built starting from a point called Yung Tse on the Railway line of the Luhan 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 25th year of the present reign. Monsieur Rouffart, 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 Roujffart 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 389 890 TEEATIES AND CONVENTIONS WITH CHINA AND KOREA. terms of the contract with Monsieur Kouffart, 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 Kailway Company, and Monsieur Aiinand Rouffart repre- senting the Compagnie G^n^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 present contract. In vir- tue of the above the Director General, on account of the Chinese Government, makes a Gold 6% 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 5% Gold Foreign 1903 Loan {Emprunt du Gouver- nement Chinois 5% or Exterieur 1903). ' 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 name of the Chinese Government by the Minister Plenipotentiary of China at Brussels. They shall be delivered in fractional bonds {coupons) of 1 to*2 bonds in such proportion as the Compagnie G^n^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^n^rale 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 G6n6rale 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 G^n^rale 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. TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 891 Abticle 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 G^n^rale 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^n^rale de Chemins de Fer et de Tramways 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 G^n^rale 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 G^n^rale 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 892 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 Bailway Company and the Compagnie G^n^rale 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 G^n^rale 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 G^nerale 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 Railwa}'^ 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 CJompagnie G^n^rale de Chemins de Fer et de Tramways en Chine. In case of non-fulfillment of the obligations assumed by the Imperial Chinese Railway Company in the present contract, the Com- pagnie G6n^rale 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 XL 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 Ilo-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 G^n^i*ale 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. Article XII. From the sums derived from the deposits by the Compagnie G^n^- rale de Chemins de Fer et de Tramways en Chine, entrusted with that duty by the Imperial Chinese Railway Company, or from the supple- mentary sums paid by the Chinese Government, the Compagnie Gfin^rale 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 26 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 394 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 loan, 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. Article 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 {preterits) in favor of the Imperial Chinese Government. The limit of time shall be of 30 yeai's in case of redeemed bonds. On tlie death of an}" 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 tUrea et dea droits) of the claimants. Article XVI. The Imperial Chinese Government through its representatives, shall at once take steps and shall furnish the necessary documents to secure the official listing (of the bonds) in the Boui'ses 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 {j}ri8 ferme) by the Compagnie G^n^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 compte de la jouissanx^e) the two contracting parties would have the right to cancel the present contract. Article XVIII. The Compagnjp G^nfirale 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 Railway Company, on delivery of the 50,000 bonds bought outright {achetees fennes). 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^n^rale 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 o*f the line. Nevertheless all these opera- tions must be submitted for the approval of the Director General of the Imperial Chinese Railway Company. 396 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. As the line from Kai-feng Fu to Ho-nan Fu is A feeder {conflu^it) of 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 dul}^ 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 G^n^rale 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^n^rale 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 Geneml of the Imperial Chinese Railway Compan3^ Said chief engineer shall be appointed, on recommendation of the Compagnie G^n^rale 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 G^n^i^ale 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 G^n^rale 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 Genei'al 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 European staff shall be under the direct orders of the chief engineer. But the Director General TREATIES 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 Representative 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 explanator}^ 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 G^n^rale 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 mone3\ 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 staflf; consequently the personal expenses of the directors, allowances {indeni- nltes)^ etc., will continue to be chargeable to the Compagnie G6n6rale de Chenodns 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 Kiii-feng Fu to Ho-nan Fu, the Compagnie G6n6rale de Chemins de Fer et de Tramways en 398 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 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 traffic, 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 12,600,000 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 G^n^rale de Chemins de Fer et de Tramways en Chine. If the Compagnie G^n^rale 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. Article 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 tdbe 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 K^i-feng Fu to the Luhan junction. TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. 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 Fu 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 XXIII. Should the Compagnie G^n^rale de Chemins de Fer et 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 G^n^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 G^n^- 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 G^n^rale 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 G^n^rale' 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 KOBEA. 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 G^n^rale 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. All orders made in China shall be free of duties and of likin on Chinese territory. Article XXV. In case of disagreement between the Compagnie G^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. Article 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 conti-act 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 COmrENTlONS 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 XXVUI. 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 {regtms helge) and ^ith 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 build little branch lines from the line from Kai-feng 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. FBAl^CE. MEMORANDUM ON RAILWAY AND MINING CONCESSIONS SECURED BY FRANCE AND FRENCH COMPANIES IN CHINA. « [Translation,] I. Provinces of Chih-li, of Hu-peh and of Ho-nan. IJNE FROM PEKING TO HANKOW. The Soci^t^ d'6tude« 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 1S98. The line will have an extension of about 1,250 kilometei-s. It is being built and will be operated by the Soci^t^ d'^tudes for the mutual profit and equal advantage of the French and Belgian parties. The loan to be floated is 112,500,000 fi-ancs. 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 500 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 Socii3t6 d'^tudes 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 "Soci^t^ franco-beige de recherches minieres en Chine" to work these mines. « French Yellow Book, Chine, Juhi-Oetobre 1900, pp. 23-27. &For contracte for this line, see mpra, No. 34. pp. 225-245. 402 TREATIES AND 00NVEKTI0N8 WITH CHINA AND KOBEA. 403 II. Province of Shan-hsi. UNE FROM 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 (^heng- 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 — a future 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-peh. The "Syndicat d'^tudes industrielles et de travaux publics en Chine," secured in the month of March 1896, a concession of the anthracite coal beds of Ainantzu, near Ts6-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 Hus^ 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'^tudes industriellea et de travaux publics en Chine." VII. Province of Sst^-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 «For agreement concerning this line, see mipra. No. 41, pp. 30^316. &For contract, see «Mpra, No. 58, pp. 389-401. 404 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. " Syndicat f ranco-chinois de Tchunor-King" a company for working the mineral wealth of Ssu-eh'uan. This company sent to Chung-king as its representative, M. Duclos, engineer, |i 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 diflFerent localities in the pro^^nce. 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 Ssu-ch'uan has given to a f rench com- pany, the "Soci6t6 fran9aise 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 iq the month of July 1899, from the Mining Bureau of Ssu-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 " Soci6t6 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 Company has ceded its rights to the ''Compagnie anglo-frangaise des mercures et concessions minieres du Kouei- Tcheou" organized with a capital of 7,750,000 francs. Three-fifths approximately of the bonds which were issued in March 1899, are held by French. The enterprise is running at present. IX. Province of YCn-nan. RAILWAY FROM LAOKAY TO YCN-NAN HSIEN. By a convention of the 9-10 April, 1898, the French Government se<»ured for itself or for the Company chosen by it, the right to build a railway from Laokay (frontier of Tongking), to Yun-nan Hsien (450 kilometers), and a law of December 25, 1898, authorized the Govern- ment of Indo-China to gitmt a guamntee of interest to the Company which might become the grantees of this line. TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 405 In conformity with this law, the Governor General of Indo-China signed the 15 June 1901, with a syndicate of the principal financial houses of Paris, a convention for the building of the railway from Laokay to Yun-nan Hsien and for the working of the whole line from Haiphong to Yun-nan Hsien. This convention was ratified by a law of July 5, 1901. The principal provisions of the convention are the following: The syndicate agrees to organize, within three months from the date of the passage of the law approving the convention between the Gov- ernment of Indo-China and it, a stock company with a capital of 12,500,000 francs, to work the line from Haiphong to Laokay which is to be built by the Government of Indo China, and for the purpose of building itself and working the railway from Laokay to Yiin-nan Hsien. The company will receive from the colony a subvention of 12,500,000 francs and also a guarantee of three millions of francs payable during 75 years, for the bonds which it shall have issued for the purpose of building the railway. Last July (1901) the "Compagnie frangaise des chemins de fer de I'Indo-Chine et du Yunnan " was organized, and the bonds have just been issued. For thfe purpose of building the line from Laokay to Yunnan Hsien, the company has negotiated with the ''R^gie g^n^rale des chemins de fer" and the " Soci^t^ de construction des Batignolles," which have formed for this purpose the " Soci^t^ de construction de chemins de fer indo-chinois " with a capital of 4 million. The "Soci^tfi de construction" has sent during the present month (October, 1901), survey parties to Yiin-nan for the final study of the line.^ «The London Times of November 20, 1903, contains the following statement con- cerning the Lao-kai- Yiin-nan Hsien railway: "The conditions for the construction of the French Yun-nan Railway agreed upon by M. Dubail and the VVai-wu-pu on October 28 (1903) are 34 in number and comply with the terms of the notes exchanged by M. Dubai 1 and the Tsung-li-Yam^n on April 9 and 10, 1898, when France w^as accorded a concession to construct a railway from the Tongking frontier to Yun-nan city. The railway will extend from Ho-kou, near I^o-kai, on the frontier, via the treaty port of Meng-tsze to Yun-nan city; and when it is completed France can arrange with China for the construction of branch lines. The gauge is to be 1 metre; work may begin at various points simultaneously; and all machinery and materials required for the construction will be admitted duty free. China retains full sovereign rights over the line, which in the event of China's being at war will not be considered neutral, but be placed under Chinese orders. China undertakes the sole responsibility of policing and protecting the railway, and on no account can the railway ask for the assistance of foreign troops. The general superintendent, the deputy superintendent, and the technical staff may be French, the final decision on all technical matters being vested in the general superintendent. China grants all Government land free, but private property must be purchased. The railway gives the facilities desired by China for the carriage of Imperial mails and safeguards all geomantic prejudices. There is to be no Chinese Government guarantee; the period of the concession is eighty years." 406 TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. X. Province of Kuang-tung. RAILWAY FROM PAKHOI TO THE SI-KIANG (WEST RIVER). In the month of June, 1898, the French Government secured from China a promise that only a French or Franco-Chinese Company should have the right to build a railway from Pakhoi to a point to be deter- mined on the Si-Kiang, and, generally speaking, railways with Pakhoi as a starting point.^ In December 1899, on the occasion of the delimitation of said terri- tory at Kuang-chou Wan, the French Government secured from China a concession for a railway uniting a point on the bay of Kuang-chou to a point to be chosen on the east coast of the peninsula of Lei-chou in the neighbourhood of On-pu. At the same time, the Chinese Government took the engagement to concede to a Franco-Chinese company the mines in the prefectures of Kao-chou, Lien-chou and Lei-chou. XI. Province of Fu-kien. ARSENAL of FU-CHOU. The French Government signed October 11, 1896, with the Chinese Government a contract for the sending of a French mission for the purpose of reorganizing the naval arsenal of Fu-chou. The contract provided also for the working, for the use of the arsenal, of the depos- its of ores in the province.* The French mission, under the direction of M. Doyfere, naval con- structor, has been pushing its work since about five years. a See mpra, No. 38, p. 280. ^See infra No. 60, p. 407. No. 60. FRANCE. MINING CONCESSIONS IN FU-KIEN PROVINCE. (1) Agbeembnt bbtwbbn the Hua Yu Company and the Compaqnib d' Orient (Ta Tung Co.)« Article 1. The Chinese Government, has on the Memorial of the Viceroy of the Min-Che Provinces, authorized the Hua Yu Co. to undertake min- ing operations in the three Prefectures of Kien-ning* Fu, Ting-chou Fu, & Shao-wu Fu, and has further authorized the said Co. to enter into an agreement with the Compagnie d'Orient for the purpose of raising capital and working the mines. The right of prospecting and selecting sites for operations (in the above districts) is granted exclu- sively to the Hua Yu Co. No other Company must interfere with them in any way. Article 2. The Compagnie d'Orient desire to enter into agreement for the formation of a branch company, in the management of which French Directors are to have a majority. In accordance with the terms of the agi-eement already made with the Ying Tu Bank when any work is about commenced, the said Board must in every case be con- sulted. If the Bank is unwilling to lend its support, then recourse may be had .to another French Bank. This branch company is to provide funds for the expenses of prospecting, and upon the signing of this agreement will send Surveyors to the places where it is pro- posed to mine. A period of three (3) years will be allowed for experi- mental work, on the expiry of which term, if the company has not decided on a Mining field, the right to mine will be given to another company. The three years term will run from the date of signing this agreement. When the Surveyors have sent a report to the branch company and the latter find that a mine can be profitably opened, then a mining company will be formed — One or more according to the number of mining fields. The majority of the shares of these Mining companies must be held by Chinese merchants. The profits are to be « This and the following agreement were entered into in the latter part of 1903. 407 408 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. distributed fairly among foreigners and Chinese alike, without favor- ing one party or the other. When the Branch Company has fixed upon a mining site a period of one year will be allowed for beginning work. If work is not begun within that time, then another Company must be allowed to undertake it. Article 3. The Hua Yu Co. will hand over to this mining Co. the mine selected by the Branch Company for working^, and will also establish works. Offices and warehouses for storing the products of the mines. In addition it will build a short branch railway to the nearest navigable waterway for the following special purposes, viz: To transport mining plant, to facilitate the deepening of rivers and streams that boats may more easily pass, and to maintain communication between the operatives employed at the mines. These undertakings must be carried out in accordance with the detailed agreement made by the Hua Yu Co. with the Board of Mines: there nmst be no violation of it. The Compagnie d'Orient will undertake the engagement of experts to conduct the minining operations, contracts for the purchase of plant and the sale of mining produce. All posts in connection with the mines are to be filled by Chinese, when the latter are competent; and the Foreign ex- perts must carefully instruct them so that they may become thor- oughly conversant with every description of mining work. The Bureau of Mines may from time to time enquire into the work accomplished and may depute Officials to inspect the works. Article 4. The Mining company of each locality must divide its capital into so many ordinary shares and so many debenditures. Whenever a Mining Co. is formed to mine any particular place the Hua Yu Co. will be entitled in the first place to receive five (5) per cent of the shares free of cost, one half of which they will deliver to the Foochow Bureau of Mines free of cost, or cash for the value of the shares if the Bureau should desire ready money. These shares or the cash value for them must be sent into the Bureau according as each local mining company is formed. When the Mining companies shares are issued, the Hua Yu Co. will in addition be entitled to receive forty (40) per cent of the debentures, for future working expenses. On receiving this Forty (40) per cent actually delivered, the Hua yu Co. will retain the amount due to them and the Mining taxes due, that is to say, the eight (8) per cent, and twenty five (25) per cent on the '' Debentures" which are due from the Mining Company are to be paid according to the terms of the agreement with the Viceroy. The Customs duties are not included. TBEATIES AND CONVENTIONS WITH CHINA AND KOREA. 409 ArTICIiE 5. After deducting from the gross profits all expenses, three appro- priations will be made, Viz: 1. Interest at the of 7% for each working year, on the shares of the Mining Co. the year to be reckoned from the date of payment, and the interest to be cumulative: 2. Ten % of the balance of the profits to go towards paying oflf the capital, which is to be appreciated ten per cent of the original amount: 3. A sum of say 10 per cent to create a fund for increasing or renewing the plant. The net profits after these deductions are to be divided equally amongst the holders of "Debentures." Article 6. The mines, buildings, roads, bridges, plant and mining produce are hypothecated as security for the payment of interest on the share cap- ital as a first claim. Article 7. The Hua Yu Co. assigns its interest to the Mining Co. for a term of 50 years, on the expiry of which term the mines with all works, bridges, roads, telegraphs and telephones Etc. appertaining to them shall revert to the Hua Yu Co. that the latter may carry out their agreement with the Viceroy. Article 8. The Mining Co. shall submit accounts every three months and at the end of every year each company shall besides submit a general detailed account to the Bureau of Mines and also to the Hua Yu Co. Both the Bureau of Mines and the Hua Yu Co. are at liberty to send oflScials from time to time to inspect the mining operations as well as the works and buildings Etc. Article 9. The Viceroy must be requested to sanction this agreement, and to promise to protect the Mining experts who are sent to make surveys, and the engineers who superintend the mining operations. When Sur- veyors are sent into the country the Bureau of Mines must depute a military escort to secure them from molestation. The expensess of the official and of the military escort will be defrayed by the Ta Tung (Compagnie d' Orient) Branch Company. Article 10. The Compagnie d' Orient undertake to abide in every respect, and without any divergence, by the terms of the Mining agreement which the Hua Yu Co. have made with the Viceroy. As regards the amount 410 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. of the taxes due by the Compagnie d' Orient on account of each mine worked by them, the said company must declare that they consent in every respect to abide by the regulations drawn up by the Chinese Foreign Office and the Board of Railways and Mines and sanc- tioned by the Throne. Abticlb 11. If the Campagnie d' Orient Branch Co. does not within three years lay before the Bureau of Mines and the Hua Yu Co. a sketch map with explanatory notes showing the situation of the mines it is desired to work, with the railway and other similar works in connection there- with, then this agreement will be null and void. Article 12. This agreement is to be executed, as is customary, in both Chinese and French, and in quadruplicate. One copy bearing the Official seal, to be filed at the Bureau of Mines, one copy at the French Consulate, one to be delivered to the Hua Yu Co. and one to the Compagnie d' Orient. In case of doubt or error, the French text is to prevail. (2) Agrebmbmt for joint mining operations by nativbs and foreigners of Fn- KiEN Province, in the three prefectures of Kien-ning, Tinq-chou, and Shao-wu. Article 1. The Viceroy of the Min-Che provinces being desirous of developing the mines of Fu-kien, has created a Bureau of Mines, with officials at the head of it, whose dut}'^ it is to devise methods for profitably exploit- ing the mines in the three prefectures of Kien-ning, Ting-chou and Shao-wu. With this object in view the Bureau has invited the Hua yu Co. and the Cie d' Orient to raise capital. The issue of shares both to foreigners and natives is to be under the supervision of the Bureau. The purchase of land, through the agency of the Chinese officials will be the special province of the Hua j^u Co. Foreigners who hold shares will be entitled to satisfy themselves regarding the profits declared on the shares but must not concern themselves with the control of the company. The Cie d' Orient will have exclusive direction of the actual mining operations, and will be allowed a period of three years to prospect in the above mentioned districts. However many sites the company selects, they will have the right to work them. On the expiry of this term, another com- pany may be granted the right of selecting and working the sites not selected by the Cie d' Orient. When the Cie d' Orient has decided on a sight, a term of one j^ear will be allowed: if work is not begun within that time, their rights may be transferred to another company. TBKATIES AND CONVENTIONS WITH CHINA AND KOREA. 411 Article 2. The Hua yu Co. has made a separate agreement with the Cie d' Ori- ent for the purpose of raising money and floating a Company. The Hua yu Co. agrees to provide in the meantime a sum of $80,000 for the acquisition of land, and the Cie d' Orient a sum of 7,400,000 for the expenses of opening and working the mines. Both these sums are for preliminary expenses. When actual mining sites have been determined on, as each centre is selected, the amount of capital required will be calculated and shares offered to natives and foreigners. In the allotting of shares the majority will be sold to Chinese — if the latter are able to buy them, and natives and foreigners will enjoy equal rights and advantages without favour to one party or the other. Article 3. When this agreement is sanctioned, and before the exploitation of the mines, the Cie d' Orient will send foreign superintendents or mining engineers to explore and examine the mining fields. The Bureau of Mines will send an official to accompany them. Article 4. When the Cie d' Orient have carried out their surveys and investi- gations, they must make a sketch map with explanatory notes show- ing clearl}'^ what mines they wish to work, and the map will be for- warded to the Bureau of Mines by the Hua Yu Co. The Bureau will report to the Viceroy who will apply for the Imperial sanction. If the mining sites are the property of private individuals, or held in common by several persons (as ancestral temples, and such like) the Hua yu Co. must come to terms, by leasing or buying, with the owners, before they can begin work. Where mines are already worked by Chinese, the Cie d' Orient must not encroach on their propert}^; but if the former wish to sell their interest, the Hua yu Co. can treat with them for a transfer of their mines. If the Hua yu Co. cannot come to an understanding with the owners of the property, whether individual or joint owners, the Bureau of Mines may send an official to make a valuation and fix a fair price. The owners must not hold out for future higher prices, nor must the Bureau attempt to depreciate the value. The Company may if they desire it, lodge with the Bureau of Mines the amount demanded by an owner, and the Board will negotiate with the owner for a lower price, and will hand over the money to him. Should the owner desire shares in the com- pany, he may receive payment in that form instead of in cash. Article 5. The Hua yu Co. will deliver to the Bureau of Mines half of the 6% of the shares which the Hua yu Co. are entitled to receive gratis from 412 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. the Cie d' Orient: also in accordance with the agreement by which the dividends on eight per cent, of the ''free shares" allowed to the Cie d' Orient, are to be assigned (to the Hua Yu Co.), so eight per cent of the "free share" scrip is to be handed over to the Bureau of Mines. Article 6. The Hua yu Co. will in acknowledgement of its indebtedness to the Chinese Government, pay to the latter 25% of the profits on the ''free shares," viz: 25% (of the dividend on) the before mentioned ''free share" scrip. The Bureau of Mines created by the Government will have the right to verify the accounts in connection with the payment. All articles intended for mining work or for other works in connection with the mines and all mining produce, are to pay likin and other Inland duties. Customs duties will be paid according to the tariff in force. Article 7. The Hua yu Co. will, on the issue of the Cie d' Orient's shares, for- ward at once to the Bureau of Mines, the 2i per cent of the shares, referred to in Arts. 5 and 6, as also the 33% of the "free shares." Article 8. If the mines lie in land belonging to the Government, the Board will depute an official to confer with the directors of the Hua yu Co. and fix a rent charge to be paid by the company. Article 9. The expenses of the deputies from the Bureau of Mines who accom- pany the mining experts and of the military escorts will be defrayed by the Cie d'Orient. Deputies of the Bureau of Mines will look after and protect the machinery etc., despatched to the Mines. Article 10. If the Cie d'Orient wish to bore or sink shafts or commence any other works for purposes of prospecting, they must first notify the Hua yu Co. who will report to the Bureau, and will also come to terms with the owner of the land: but they need not include in the pur- chase, other land lying apart from the mine. If these operations occasion any damage to the owner of the soil, the company must agree to compensate him. If there exist any tombs or temples, which can be moved to another place, The company must come to an agreement with the family concerned of the local officials who will decide what compensation is due. If the owners refuse to move the tombs or temples, the company must find means of keeping clear of them; they TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 413 must not be pulled down, undermined, damaged or enclosed. The Bureau of Mines will strive in every way to facilitate mining opera- tions. The local and provincial officials pledge themselves to protect to the fullest extent of their power the staflF and the plant and machinery of the mines, and not to allow any trouble. Art. 11. The Cie d'Orient has power to dredge rivers, in the vicinity of places where shafts have been sunk, in order to improve the means of transport; also to construct a small branch railway to the nearest nav- igable waterway, or to places connected with the mining works. But it is expressly declared that such a line must be merely a branch line. A main line must not be constructed. These waterways and railway can only be used for the transport of the produce of the mines.' If it is proposed to carry passengers and merchandise, regulations for that purpose must be drawn up and a new agreement made. . Maps showing these waterways and railways must be submitted to the Bureau of Mines, who will enquire into the facts connected with the localities, and ascertain if any obstacles exist to the project. The matter will be referred to the Chinese Foreign Office and the Board of Railways and Mines, who will telegraph instructions to the author- ities of Fu-kien; prior to this no work may be begun. If it is necessary to acquire land (for the above mentioned means of communication) the Huayu Co. will in this case also proceed in accord- ance with the regulations laid down (for purchasing mining sites). If telegraphs or telephones are required for purposes of communication between the different mines, foi^warding stations and godowns, appli- cation may be made to the Bureau of Mines. Art. 12. The Cie d'Orient will have the direction of all mining operations, but under the supervision of the Bureau. Each mining establishment will have a foreign and a native manager whose salaries will be paid by the Company. Native employees only will be engaged, if they are competent for their duties, and they are to be most carefully instructed in their work. Workmen are to be engaged locally as far as possible. These last regulations are not to be construed too strictly. Article 13. The mining establishments with their godowns are all to be effect- ively protected by the local officials in accordance with the intention of the Bureau, and they must themselves conduct their business with scrupulous regard for the laws, and must by careful surveillance pre- vent the mines from harbouring malefactors. 414 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. Article 14. Out of their yearly profits the Cie d'Orient will, after paying all expenses, appropriate three sums viz: 1. A sum sufficient to pay 7% for the year on the shares and this interest to be cumulative. 2. 10% of the remainder to be applied to gradually redeeming the shares, the value of the latter being, for this purpose, reckoned at 10% premium. 3. A sum to be applied to forming a reserve fund for the purposes of renewing the plant. The balance of the profits left after these deductions will be profits of the "free shares," and the dues to which the Government and the Provincial Authorities are entitled, with the exceptipn of the Customs duties, will be levied on these last profits. The rest will be divided equally amongst the holders of the "free shares." As regards the amoimt of taxes due on each mine, the company declares explicitlj'^ that it will abide in every respect by the new regulations drawn up by the Chinese Foreign Office and the Board of Railways and Mines and sanctioned by the Throne. Article 15. Each jnining establishment and branch establishment will keep separate accounts and the profits of one must not be set off against the losses of another. Article 16. At the end of each year complete detailed accounts will be prepared, and verified by the two foreign and two native directors. The accounts will be also presented at a meeting of the shareholders and afterwards submitted to the Bureau of Mines, who will examine them once more and then publish them in the papers and report to the Peking Govern- ment and also to the high Provincial Authorities. Neither the Chinese Government or the Bureau of Mines is to be in any way concerned in cases of losses. Article 17. A term of 50 years is granted for the working of the mines, com- mencing from the ratification of this agreement. On the expiration of this term, the mines with all the roads, bridges, telegraphs, railways etc., will all revert to the Bureau of Mines, who will restore to the original proprietors the mining lands which have been leased from them. All other property, including the works and the buildings, will devolve in the Chinese Government, who will not be bound to make any payment for them. TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 415 Article 18. The Company's shares are held partly by Chinese and partly by foreigners. If before the expiration of the 50 years term, Chinese shareholders should acquire i of the mining companies shares, then I the Bureau of Mines will have the right of taking over the mines with the works and buildings appertaining to them, on condition of redeem- ing the outstanding shares at the price stated in a previous article, and of buying up the " free shares" at a price equal to 20 times the average dividend for the previous years. Article 19. j Machinery and materials required at the mines will pay Customs duties according to the tariff, but will be exempted from likin duties in the interior. Article 20. The mines belong to China, and in case of war with any power, the mining companies must obey the orders of the Chinese Government and not render assistance to the enemy. Article 21. The Hua yu Co. and the Cie d'Orient must both comply with all regulations now in force which have been presented by the Central Board of Mines. Article 22. The present agreement is to be executed in six parts, both in Chinese and in French, when the Viceroy has procured its ratification he will delegate officials to sign the agreement in company with (the repre- sentatives of) the company. Of the six copies, one will be handed to the French Consul, one to the Cie d'Orient, one to the Hua yu Com- pany, one will be delivered to the Viceroy to be filed by him, and two copies will be forwarded to the Foreign Office and the Board of Rail- ways and Mines respectively. In case of doubt the Chinese text is to prevail. No. 61. CHEfA. PREVENTION OF ANTI-CHRISTIAN RIOTS. Imperial Decree op June 12, 1891. [Transladon.] The Tsung-li YamSn has memoralized Us in regard to the mission- ary cases that have occurred in the various provinces, asking that we issue stringent instructions to the Governors-General and Governors to lose no time in devising means for a settlement thereof. It is repre- sented by the Yamfen that in the month of May the missionary prem- ises (Catholic) at Wu-hu, in the province of Ngan-hui, were fired and destroyed by a mob of outlaws. At Tan-yang Hsien, in the province of Kiang-su, and at Wu-hsueh, in the province of Hu-peh, similar out- rages have been committed on missionary establishments there, and it is now necessary that the miscreants should be arrested and unrelenting measures taken in good time to provide against further outrages of this kind. The propagation of Christianity by foreigners is provided for by treaty, and Imperial decrees have been issued to the provincial authorities to protect the missionaries from time to time. For years peace and quiet have prevailed between Chinese and foreigners. How is it that recently there have been several missionary establishments burnt out and destroyed, and all happening at about the same time? This is decidedly strange and incredible. It is evident that among the rioters there are some powerful outlaws, whose object is to secretly contrive and plan to fan discontent among the people by circulating false rumors and causing them to become agitated and excited, and then to avail themselves of the opportunity to rob and plunder, and peaceable and law-abiding persons are enticed and led to join them, resulting in a tremendous uprising. If strenuous action is not taken to punish the miscreants, how can the majesty and dignity of the law be maintained and peace and quiet prevail? Let the Governors-General and Governors of the Liang-EJang, Hu-Kwang, Kiang-su, Ngan-hui, and Hu-peh issue without delay ordere to the civil and military' officers under their respective jurisdictions to cause the arrest of the leaders of the riots, try them, and inflict capital 416 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 417 punishment upon them as a warning and example to others in the future. The doctrine of Christianity has for its purpose the teaching of men to be good. Chinese converts are subjects of China and are amenable to the local authorities. Peace and quiet should reign among the Chi- nese and missionaries. But there are reckless fellows who fabricate stories that have no foundation in fact for the purpose of creating trouble. Villains of this class are not few in number, and are to be found everywhere. Let the Tartar Generals, Governors-General, and Governors issue proclamations warning the people not to listen to the idle rumors or false reports which lead to trouble. Should any person secretly post placards containing false rumors with a view to beguile the minds of the people, strenuous steps must be taken to cause his arrest and vigorous punishment be meted out to him. The local authorities must protect the lives and property of foreign merchants and missionaries and prevent bad characters from doing them injury. Should it transpire that the measures taken to protect them have not been adequate, and trouble in consequence ensues, the names of those officers that have been truly negligent are to be reported to Us for degradation. In the matter of all missionary cases that are still pending, let the Tartar Generals, Governors-General, and Governors cause a speedy settlement of them. They must not listen to the representations of their subordinates that the cases are difficult to settle and thus cause delay, to the end that a settlement of them may be effected. Let this decree be universally promulgated for the information of the people. 27938—04 ^27 No. 62. CHINA. REPEAL OF ANTI-CHRISTIAN CLAUSES OF CHINESE CODE— CORRE- SPONDENCE BETWEEN THE CHINESE FOREIGN OFFICE AND THE FRENCH MINISTER TO CHINA. Document No. 1. The Tsung-li Yam^n to Mr. Gerard. [Translation.] August 18, 1896. Your Excellenct: Upon the 26th of July last we received your dispatch stating that in the edition of the Chinese code published in 1890 there wsre still to be found copies of memorials and other docu- ments prohibiting the Christian religion, which was in violation of the treaty of the fifth month of the eighth year of Hsien Feng (27th June, 1868), and that it was your duty to request that in observance of treaty orders be given for the erasure thereof. In repl}'^ to this dispatch we wrote you that we examined into the subject and had ascertained that, in the ninth year of Tung Chih (1871) the board of punishments had memorialized the Throne requesting that a new edition of the penal code be published. A note was then made of the clauses prohibiting the Christian religion, and said clauses were expunged from the code as the treaty stipulated, and that since the reign of Tung Chih the board of punishments had had no new edition of the code made. On the 12th ^ of last August Your Excellency called upon us and handed us a copy of a book called the Ta Ching lu-li hingan hsuan chi cheng (Compendium of Code and Criminal Cases), in two volumes, which were reprints from other works, and were made in 1893. We have carefully examined these works, and we have to say that works of this kind made in private printing establishments are not official publications. We have, however, written the superintendent of the gendarmerie to notify all bookstores that the passages in the said books referring to the propagation of the Christian religion in the interior of China and the clause prohibiting the practice of foreign religions must, as the treaties require, be stricken out. We inclose herewith a copy of our dispatch to the superintendent of the gendarmerie on the subject, and we return the two books upon the code which Your Excellency left with us. 418 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 419 Document No. 2. The Tsung-m Yam^ to the Superintendent op Gendarmerie. Upon the 26th of last July we received a dispatch from Mr. Gerard, minister of France, as follows: The last clauses of the thirteenth paragraph of the treaty between France and China, concluded in 1858, provide: "All that has been previously written, proclaimed, or published in China by order of the Government against the Christian religion is completely abrogated and remains null and void in all provinces of the Empire." Notwithstanding this freaty provision, the edition of the penal code printed in 1890 still contains prohibitions against the Chris- tian religion. It is my duty to request that in accordance wi#h the treaties orders be given for the erasure of such prohibitions from the edition of the penal code of 1890 and from all books containing them. On receipt of this despatch we replied that we had investigated the matter and had found that, in 1871, the board of punishments memorial- ized the Throne requesting that a new edition of the penal code be issued, and that in this edition, under the section of the ceremonial laws devoted to sacrifices, a clause was inserted as follows: All persons professing the Christian religion shall be permitted the free exercise of their religion. All that has been written, pro- claimed, or published in China by order of the Government against the Christian religion is completely abrogated and remains null and void in all provinces of the Empire. The clause previously in the code with reference to the propagation of the Christian religion was also marked for omission from the new edition. The code as thus altered was submitted to the Throne by the board of punishments and long ago received the imperial sanction. Since the reign of Tung Chih the board of punishments has had no new edition of the code prepared. Shortly after this correspondence, viz, on the 12th August, Mr. Gerard called at the yamen and handed us two books upon the code, one called the Ta Ching lii-li tseng hsui tung hsuan chi cheng (The Code and Criminal Cases, revised and complete), and one the Lii-li pien Ian (The Code for Convenient Reference). He stated these had been printed from new blocks cut in 1892 and that they contained a prohibition against corrupt doctrines. Upon exanjination we found that these books had been printed from blocks cut at private printing establishments, that they were not official publications and hence could not be brought forwaixl in evidence of violation of treaty. 420 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. We have, however, to call your attention to the following passage found in various commercial treaties: The Christian religion having for its essential object the leading of men to virtue, the members of all Christian communities shall enjoy entire security for their persons and property and the free exercise of their religion, and efficient protection shall be given the missionaries who travel peaceably in the interior furnished with passports as provided for in Article XIII. * « * All that has been previously written, proclaimed, or published in China, by order of the Government, against the Christian religion is completely abrogated and remains null and void in all the prov- inces of the Empire. (Quoted from Art. XIII, French treaty of 1858.) In the ninth year of Tung Chih (1871) the board of punishments omitted from the edition of the code made by them the clause refer- ring to the propagation of Christianity, and this edition contains this statement in its preface: All statutes which occurred in former editions and which are omitted from this, were omitted by imperial sanction or memorial by the board of punishments. Such omitted passages should be no further circulated nor quoted. The laws forbidding Christianity were abolished by the Throne on memorial from the board of punishments in 1871 and must be no longer inserted in publications. It becomes, therefore, our duty to write your honorable bureau to notify all bookshops that in observance of treaty they are forbidden to print in the books known as the Tung hsuan chi cheng and the Lu-li pien Ian and similar books, those passages referring to the propagation of Christianity, which are to be found in the section of the code on corrupt doctrines, as well as the clauses which prohibit the practice of the western religions. Thus will the treaties be observed. Document No. 3. The Tsung-li Yam^n to Mr. Gi^rard. September 7, 1895. On the 31st of August we had the honor to receive from you a dis- patch as follows: On the 18th August I received Your Excellency's dispatch saying that the Ta Ching lu-li hsing an tung hsuan chi cheng and the Lu-li pien Ian were not official publications, but that you had taken measures to have the clauses therein contained concerning the TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 421 propagation by foreigners of the Christian religion in the interior ■ and the other clauses heretofore referred to stricken out in accord- ance with treaty. It becomes my duty to express my thanks for this action. On the 19th August I went in person to your YamSn and stated that this class of private publications were issued in other parts of China. You concurred in my opinion that these also should be revised, and I have now to express the hope that you will order that this be done and that I be informed in what manner the officials of the various provinces upon whom this duty falls carry out these orders. In reply we have to state that we recognize our obligation to do as you request in the matter of issuing notices prohibiting the publica- tion of rescinded laws. We communicated with the bureau of gen- darmerie some time ago on the matter, and we have now written the governors-general and governors of the various provinces to order the local officials to command the bookstores in their jurisdiction to erase from their publications those passages cut out of the code by the board of punishments. We make this reply for Your Excellency's information. No. 63. CHEN^A. PREVENTION OF ANTI-OHRISTIAN RIOTS.a Imperial Decsbb op January 17, 1898. ITnuiBlatioii.] On account of the murder of some missionaries at Chu-yeh Hsien, in Shan-tung, capital punisliment has already been inflicted on the murderers. Li Ping-heng, formerly governor of Shan-tung and appointed vice- roy of Szechuan, which latter office l\e has been deprived of, failed to assume the responsibility confided in him and take precautionary meas- ures, hence a serious affair occurred. Let him be handed over to the proper board for the determination of a penalty. The Taotai, Hsi Liang, of the Yen, I Tsai and Chi circuit. Wan Pen-hua, brigade gen- eral of Tsao-chao, and Shao Chen-chao, prefect of Tsao-chao, are also ordered to be handed over to the proper board for the determination of a penalty. Hsu Ting-jen, magistrate of Chu-yeh Hsien, was very lax in arrest- ing the murderers and reporting the matter to his superior officers. Let him at once be degraded. Robberies have occurred at the mis- sionary chapels in Shou-chang Hsien. Let the Governor investigate into the conduct of the magistrate, Chuang Wei-lieh, and report him to the Throne for impeachment. Trouble has occurred between the Christians and non-Christians at Chi-ting, Ho-che, Shan Hsien, and Cheng-wu. Let the magistrates either be removed from office or transferred to other posts. Shan-tung is a State famous for carrying out the observances of civilization. Her scholars and high Minist^ers of State have practiced the principles of Confucianism and have always understood the mean- ing of '^ self-respect." But the ignorant people of the rustic districts, not knowing the underlying principles of matters, have beaten and insulted the mis- sionaries and destroved their churches. This condition of affairs can «See also on this question the two Imperial edicts of February 1, 1901, supra pp. 87-90. 422 TBEATIES AND OONVENTIOi^S WITH CHINA AND KOREA. 423 not, on any account, be allowed to continue. Let the authorities of Shan-tung take action in good earnest to suppress such acts and use every endeavor to protect the missionaries. Let all the Tartar GeneAls, Viceroys and Governors of the various provinces take heed that whenever the people assemble together for purpose of causing trouble to the missionaries they must take action in the matter as commanded by Imperial decree of July, 1891. Should there be any further procrastination or idleness shown in the discharge of their duties, the negligent officials will be severely punished and not the least leniency will be shown them. No. 64. CJUNA. . OFFICIAL INTERCJOURSE BETWEEN CHINESE LOCAL AUTHORITIES AND ROMAN CATHOLIC MISSIONARIES, a Submitted to the Emperor by the Tsunq-li YamAn, March 26, 1899. Approved by the Emperor, March 25, 1899. [Translation.] China has long ago given her consent to the establishment of Mission stations of the Roman Catholic religion in the various provinces. With the desire of maintaining peaceful relations between ordinary Chinese subjects and the converts, and of faci^tating protective meas- ures, the following proposals as to the reception of missionaries by local officials are submitted: — 1. To define the various ranks of missionaries. Bishops rank with Governors-General and Governors. They may ask for interviews with these officers. If a Bishop returns to his country or vacates his post on account of sickness, the priest who acts for him can also ask for interviews with the Governor-General and Governor. Provicaires and Head Priests can ask for interviews with Treasurers, Judges, and Taotais. Other priests can ask for interviews with Pre- fects and Magistrates. The Chinese officials of all ranks above mentioned will return the courtesy in accordance with the i*ank of the priest. 2. Bishops must furnish the provincial authorities with a list giving the names of the priests deputed to transact international business with the Chinese officials, and of the places where missions are estab- lished, so that the provincial authorities can instruct their subordi- nates to treat with such priests according to these regulations. All those priests who ask for interviews, and those specially deputed to transact such business, must be Westerners, but in cases in which the Western Priest cannot speak Chinese, a Chinese priest may interpret. a British Parliamentary Blue Book, China No. 1 {1900) ^ p. 142. For French text see Cordier Hist, des relat, III, pp. 469-471. 424 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 425 3. In cases in which the Bishop lives away from the provincial capi- tal, he need not naturally go to the said capital to ask for an interview with the Governor-General or Governor without cause. On occasions of a change of Governors or Bishops, or of New Year's congratula- tions, the Bishop may write to the provincial authorities or send his card as a matter of courtesy, and the provincial authorities will reciprocate. In cases of change of priests, the newcomer must have a letter from the Bishop, before he can ask for interviews with the Chinese officials as above. 4. In grave cases connected with the mission, Bishops and priests must request the Minister of the nation specially intrusted by the Pope with the protection of Roman Catholic missionaries or the Consul of that nation to arrange the aflfairs with the Tsung-li YamSn or the local officials. They may also discuss and arrange the matter in the first instance with the local officials, so as to avoid complications. The local officials, when applied to in such cases, must at once discuss and arrange the affair in an equitable and friendly manner. 5. The local officials must, as occasion arises, exhort and constrain the ordinary Chinese to look upon the converts as comrades, and not to pick quarrels with them. The Bishops and priests on their side must instruct their converts to lead blameless lives, and so preserve the good name of the religion and the respect and goodwill of the non-converts. Should lawsuits arise between converts and others, the local authori- ties must decide the same with impartiality. The- priests must not Interfere or favour their people. Thus it may be hoped that converts and people will live together on friendly terms. The same day the Imperial assent was given. ^-A.IiT 11. KOREA. I. TREATIES, ARRANGEMENTS, PROTOCOLS. ARRANGED CHRONOLOGICALLY. 427 No. 65. JAPAN. TREATY OF ALLIANCE BETWEEN JAPAN AND KOREA. Signed at Seoul, August 26, 1894. In view of the fact that on the 26th of July, 1894, the Korean Gov- ernment entrusted His Imperial Majesty's Envoy Extraordinary and Minister Plenipotentiary at SOul, Korea, with the expulsion, on their behalf, of Chinese soldiers from Korean territory, the Governments of (Tapan and Korea have been placed in a situation to give mutual assistance both offensive and defensive. Consequently the undersigned Plenipotentiaries, dulj^ authorized by their respective Governments, have, with a view of defining the fact and of securing in the premises concerted action on the paH of the two countries, agreed to the fol- lowing Articles: — Article I. The object of the alliance is to maintain the Independ- ence of Korea on a firm footing and to promote the respective inter- ests of both Japan and Korea by expelling Chinese soldiers from Korean territory. Article 11. Japan will undertake all warlike operations against China, both offensive and defensive, while Korea will undertake to give every possible facility to Japanese soldiers regarding their move- ments and supply of provisions. Article 111. This treaty shall cease and determine at the conclu- sion of a Treaty of Peace with China. In witness whereof, the Plenipotentiaries of the two countries, have signed the treat}'^ and hereunto affixed their seals. Done at SOul this 26th day of August, 1894. Keisuke Otori, II, L J, Wh, Envoy Krtracn^dinary and Minister Plenipotentiary, Kim In Shiouku, H, K. JiTs. Minister for Foreign Affairs, 429 No. 66. JAPAN AKD RUSSIA.^ MEMORANDUM SIGNED BY THE JAPANESE AND RUSSIAN REPRE- SENTATIVES, RELATIVE TO KOREAN AFFAIRS. Signed at Sboul, May 14, 1896. The Representatives of Russia and Japan at SOul, having conferred under the identical instructions from their respective Governments, have arrived at the following conclusions: — Art. I. While leaving the matter of His Majesty the King of Korea's return to the palace entirely to his own discretion and judgment, the representatives of Russia and Japan will friendly advise his Majesty to return to that place when no doubts concerning his safety could be entertained. The Japanese representative on his part gives the assurance that the most complete and effective measures will be taken for the control of Japanese hosJiL II. The present Cabinet Ministers have been appointed by his Majesty of his own free will, and most of them held Ministerial or other high offices during the last two vears and are known to be liberal and moderate men. The two Representatives will always aim at recom- mending his Majesty to appoint liberal and moderate men as Ministers, and to show clemency to his subjects. III. The Representative of Russia quite agrees with the Represent- ative of Japan that in the present state of affairs in Korea it may be necessary to have Japanese guards stationed at some places for the protection of the Japanese telegraph line between Fusan apd SOul, and that these guards, now consisting of three companies of soldiers, should be withdrawn as soon as possible and replaced by gendarmes who will be distributed as follows: — •Fifty men at Taiku, 60 men at Kaheung, and 10 men each at 10 intermediate posts between Fusan and SOul. This distribution may be liable to some changes, but the total number of the gendarmes force shall never exceed 200 men, who will afterwards gradually be with- drawn from such places where peace and order have been restored by the Korean Government. a British and Foreign StaU Papers^ Vol. LXXXVIII, pp. 472-473. 430 TREATIES AKD CONVENTIONS WITH CHINA AND KOREA. 481 rV. For the protection of the Japanese settlements at SOul and the open ports against possible attacks by the Korean populace, two com- panies of Japanese troops may be stationed at SOul, one company at Fosan and one at Oensan, each company not to exceed 200 men. These troops will be quartered near the Settlements, and shall be withdrawn as soon as no apprehension of such attacks could be entertained. For the protection of the Russian Legation and Consulates^ the Rus- sian Government may also keep guards not exceeding the number of Japanese troops at these places, and which will be withdrawn as soon as tranquillity in the interior is completely restored. Soul, May 14, 1896. C. Waeber, Repreaentatwe of Russia. Komura, Representatwe of Japan. No. 67. JAPAN AND RUSSIA. ARRANGEMENT BETWEEN RUSSIA AND JAPAN, RELATIVE TO AFFAIRS IN KOREA, a Signed at Moscow, June 9, 1896. Protocol. The Secretary of State, Prince Lobanoff Rostovsky, Minister of Foreign Affairs for Russia, and the Marshal Marquis Yamagata, Anoibassador Extraordinary of his Majesty the Emperor of Japan, having exchanged views on the situation of Korea, have concluded the following articles: — Art. I. The Russian and Japanese Governments, with a view of remedying the financial embarrassment of Korea, will advise the Korean Government to suppress all useless expenditure, and to estab- lish an equilibrium between the expenses and the revenue. If, as the result of admittedly indispensable reforms, it should become necessary to have recourse to foreign loans, the two Governments will lend by mutual accord their assistance to Korea. II. The Russian and Japanese Governments will endeavour to leave to Korea, so far as the financial and economical situation of that coun- try will permit them to do so, the creation and maintenance of an armed force and of a native police in sufficient proportions to maintain internal order without foreign aid. III. With the view of facilitating communications with Korea, the Japanese Government will continue to administer the telegraph lines which are at the present moment in its hands. Russia reserves the right to establish a telegraph line from SOul to her own frontier. These different lines may be bought back by the Korean Govern- ment as soon as it has the means of doing so. IV. In the event of any of the principles herein set forth requiring a more precise and more detailed definition; or if other points should arise on which it would be necessary to agree, the Representatives of the two Governments shall be charged to consider the matter in a friendly sense. Done at Moscow, May 28 (June 9), 1896. Lobanoff. Yamagata. « Journal de St. Peter8l>onrg^ February 13/25, 1897. See also British and Foreign State Papers, Vol. LXXXVIII, pp. 471-472. 432 No. 68. JAPAN AND RUSSIA. AGREEMENT RELATIVE TO INDEPENDENCE OF KOREA AND NEUTRAL RIGHTS. « Signed at Tokio, April 25, 1898. [TrauBlation.] Baron Rosen, State Councillor, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary of the Emperor of All the Cassias, 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 ^n^g^ 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 Kussia 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 coimtry, 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. a French text in Briiish and Foreign State Papers, XCII, 1068. 27938-04 2S 433 No. 69. CHINA, TREATY BETWEEN KOREA AND CHINA. Signed Seftbmber«11, 1899. Ratifications exchanged December — , 1899. His Majesty the Emperor of Korea and His Majesty the Emperor of China, being sincerel}^ 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 oflScial 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 '**^oodoffioei^^^' ^'^spective subjects, who shall enjoy equally in the 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. Article II. After the conclusion of this treaty of amity and commerce, the High Contracting Parties may each appoint diplomatic rep- ^'^J!S!totiveS^"" 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 oflScials 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. Consuls shall exercise their functions only on receipt Gouiiiar repre- ^f ^^ exequatur from the Government to which they are accredited. No restrictions or diflSculties 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 withdi-awn 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 Merohante,mer- duties 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. Regulations 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- poS? * ^^^ houses as 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. 486 TBEATIE9 AND CONVENTIONS WITH CHINA AND KOBEA. Subjects of China who may proceed to the Korean open ports 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 traflSc in all kinds of native produce, in all manufactured goods, 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 piirSaainj?ian^ of land or 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 m^ 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 OONVEliTIONS WITH CHINA AND KOBBA. 437 Article V. 1. A Chinese subject who commits any oflfense in Korea shall be tried and punished by the Chinese consular authorities erimea. ^^^ * according to the laws of China. 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 --. . they 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 try 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- Bztnidition mitted an offense against the laws of his country 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 fatra Territori- g^ f^^ modified and reformed as to remove the present existing objections, the right of extra territorial juris- dictions shall be relinquished. 488 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. 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 rioe j^ Korea, but it is agreed that- whenever there is reason and grain. ® 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 af • d\ti^^*^^ ^^ make fictitious sales, or do not pay their debts, the authorities of both Powers shall use stringent meas- ures to arrest the oifenders 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 ***^' ' 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, tij„^g, ' " 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 KOBEA. 439 The import of opium into Korea is prohibited, and if either foreign ... or Chinese grown opium is imported by Chinese sub- into Korea, export jects it shall be confiscated and the offending party of red ginieng gj^^j 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 Porte of refoce ^° *^® 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 people 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- Wrecke, their pence, shall immediately render assistance to the crew, eargoee ana crewe. -j* i..,. , , provide for their 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 Rnpioyment of trading places in the dominions of the other shall have the right 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 ti'ade which has Un^^ienOn^' ^^^^^^ ^®" carried on between the two Empires. All persons who have already crossed the frontier and 440 TREATIES AND CONVENTIONS WITH CHINA AND KOREA. reclaimed ground shall be allowed to pursue their avocations in peace and enjoy protection for their lives and property. From this time forward migration 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 Frontier mart, trade mart is reserved for discussion and settlement when the frontier rules come to be drawn up. Article 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 conunon to both Korea and China, this treaty and future official correspondence shall be made in Chinese for the sake of clearness. HsC Shou Peng, Envoy Extraordinary and Minister Plenipotentiary 2^ Rank. 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. JAPAN. PROTOCOL BETWEEN JAPAN AND KOREA. Signed at Seoul, February 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 Aifairs dd interim of His Majesty the Emperor of Korea, being respectively duly empowered for the purpose, have agreed upon the following Articles: ARTicaL,E 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. ARTiciiE 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 UI. 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 Korean Hatashi. Yi Chi-Yong. 441 KOREA. II. CONTRACTS, CONCESSIONS FOR RAILWAYS, AND MINING, REGULATIONS CONCERNING SAME. ARRANGED CHRONOLOGICALLY. 443 No. 71. XTISnTED 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 U. 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-five 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 R. 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 modem 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 ($1000) 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 KOBEA. 11th. 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. 14th. 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 changes 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. 17th. His Majesty, the King of Chosen, may have an oflicer 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 yontrol, 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 DepartTnent. No. 72. GREAT BRITAIN. MINING CONTRACT BETWEEN THE IMPERIAL KOREAN GOVERNMENT AND MESSRS. JAMES VICTOR BURN-MURDOCH AND JOHN ALEXAN- DER HAY. Seftembbr 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 3'^ears 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 It long and 40 Korean li wide. II. In the place thus selected Messrs. J. Victor Bum-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 4heir assigns, during the term of this contract. ill. 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 dkUj fm*€e 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. Charge d' Affaires one month before actual work 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 KOREA. 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 connection 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. VIH. 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 official 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 right 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 working, 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. TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA. 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 Tnajeure 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. BURN-MURDOCH. Signed before me — J. N. Jordan, H, B. M.^8 Cha/rge d? Affaires and Consul Oeneral. 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: 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 R. 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 suflSciently 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. Foreigner 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 pui-pose 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 ma}'^ 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 i*ailroad 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 of 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. If difficulties arise between said railroad 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 i-ailroad 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. TBEATIB8 AND 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, XIII. 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, Mimister of Foreign Affairs. (Sig.) Cho Pteng Sik, Mmisterfor AgricidiMre^ Commerce^ Public Work. No. 74. JAPAN. 8E0UL-FUSAN RAILWAY AGREEMENT. September 8, 1898. Art. 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. U. The plans for the construction of the railway and bridges shall be determined according to the survey made by the engineers to be appointed by the Seoul-Fusan Bailway 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 ti-avel the path- way on each side shall be used exclusively by persons going in one direction. Art. 111. The guage of the railway shall be the same as that of the Seoul-Chemulpo Railway in accordance with the provision of Art. 11 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 Compan3\ 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. 464 TREATIES AND CONVENTIONS 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 TREATIES 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. Art. 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 i-ailway, 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^ Kiyomaro, President of the Diploraatic Bureau, ofth£ Ministry of Foreign Affairs, Inguy^ Chojiro. President of the Bureau of Communicatimis in the Department of Agriculture and Public Works. September 8th of the 31st year of Meui. (1898). No. 75. RUSSIA. CONCESSION OF WHALING PRIVILEGES. March 29, 1899. This writing witness that the Government of Dai Han (Korea) does hereby make to Count Henry Keyserling the concessions herein men- tioned and that said Government and said Count Keyserling hereby make the following stipulations and agreements respecting the same: Article 1. There shall be set apart without delay for the use and occuj^tion of Count Keyserling, as herein agreed upon, three places, viz: 1. In the province of Kiong-sang, along the coast near Cape Tikh- meneff (Oolsan Bay). 2. In the province of Kang-wan, at the place of Chang Shing- Takoo. 3. In the province of Ham-kiung, on the island of Ching-po. Ekich of said places shall not exceed in extent 700 feet in length and 350 feet in width, and they shall be located on convenient spots near the seashore. Abtiole 2. . The location and limits of the above-mentioned three places shall without delay be made by the Government of Dai Han through a duly appointed representative and Count Keyserling acting jointly, and the limits of the same shall be clearly marked on the spots by stone or wooden posts, and a map and description of each place in Russian and Chinese shall be made in duplicate and signed by said representative and Count Keyserling. One duplicate to be delivered to and kept by the foreign ofBce of the Dai Han Government and the other to be delivered to and kept by Count Keyserling, and the same shall, when so delivered, be considered and taken as part of his agreement. Article 3. If the places mentioned in article 1 belong wholly or in part to the Dai Han Government, then Count Keyserling may take possession of such part as belongs to the Government as soon as the maps and 457 458 TREATIES AND CONVENTIONS WITH CHINA AND KOBE A. description have been signed and delivered as provided in article 2; but if any part of the same belongs to a Dai Han subject, such part shall not be taken or occupied until such subject is paid the full value of his property and rights of every kind, such payment to be made by Count Keyserling. If Count Keyserling is unable to agree with such owners as to the value and price to be paid, such price and value shall be determined by the joint action of a representative of the Dai Han foreign office and Count Keyserling, and in no case shall property belonging to a Dai Han subject be taken or occupied until special permission so to do shall be issued under the seal of the Dai Han foreign office. Article 4. When Count Keyserling shall obtain possession of said three places as mentioned and described above he shall have the right to use and occupy the same during the term of this agreement for the purpose of working up whales and their products, and for that purpose may erect and maintain thereon all necessary buildings, godowns, ware and store houses, and other houses and structures necessary for carrying on said business with the right to fix and operate necessary nM<5hinery and other appliances for such purpose. Article 5. Count Keyserling will employ for the work under this agreement preferably Dai Han subjects; but in case of strikes or insufficiency of special knowledge or unsuccessful workmanship he can replace them by workmen of other nationalities, provided that, with the exception of Chinese, no foreigner shall be employed unless his government is in treaty relations with the Pai Han Government, and passports must be procured from the Dai Han Government for all such workmen, as well as for all foreign employees of Count Keyserling. If any of such foreign employees or workmen break the laws of Dai Han or the cus- toms regulations or cause trouble with the natives or engage in smug- gling either by export or import or break any of the regulations of this agreement, the Dai Han Government may cancel and withdraw such passport and will give notice thereof to the representative of the government to which the offender belongs, and such offender shall no longer have the right to reside outside the treaty ports; and Count Keyserling shall thereupon discharge from his employment the offender and use his best efforts to have such offender leave the country or go to an open port. Count Keyserling further undertakes that he and his representatives will in good faith endeavor to preserve order among his foreign employees and workmen and to prevent them from breaking the laws of Dai Han or the customs regulations or causing trouble and to bring them to justice and punishment in case they do so. TBEATIE8 AND CONVENTIONS WITH CHINA AND KOBEA. 459 Abticlb 6. No part of the three places assigned to Count Keyserling by this agreement shall be used or occupied for any purpose except for those mentioned in this agreement; and all concessions herein made to Count Keyserling shall be strictly construed; and no concessions or rights are granted hereunder by the Dai Han Government unless expressly named, given, and provided for in this agreement. Neither Count Keyserling nor any foreign workmen or foreign employees of Count Keyserling shall engage in any business or occupation at said places except in the business embraced by this agreement; and in case such workman or employee does engage in any other business or occupation he shall be discharged by Count KeyserUng and his passport canceled, and he shall not be permitted to remain outside of the treaty ports. Full jurisdiction shall be retained by the Dai Han Government over all its subjects employed by Count Keyserling, and no asylum shall be given by him or his foreign employees or workmen to such subjects. Abticle 7. The Dai Han administration will render all proper assistance to Count Keyserling in his dealings with the local population and workmen. Abticlb 8. No work or operations shall be carried on in said places or in the ports in which they are situated which will create disease or be detri- mental to public health. As incident to the grant herein made of the places on which to work whales Count Keyserling may erect landing stages attached to and in front of each of said three places and extending into the water. Should it afterwards be found that the structure erected interferes with the navigation of the port or tends to fill up or injure the port the same shall forwith be removed by Count Keyserling at his expense, and if he fails to do so after notice of two months the Dai Han Government may remove the same. Article 9. It is expressly understood that nothing in this agreement, and no rights and concessions herein given or made, shall prevent the Dai Han Government from opening any port to foreign trade, and that in case any port is opened where any place selected and assigned to Count Keyserling is situated and the Dai Han Government desires to embrace such place within a foreign settlement, then such place shall be treated as Dai Han property and may be taken for the purpose of 460 TREATIES AND CONVENTIONS WITH CHINA AND KOBEA. such foreign settlement after six months' notice to Count Keyserling, provided Count Keyserling shall be compensated for the same as follows: 1. He shall be repaid whatever he has paid for such place, or part thereof, to any Dai Han subject, as provided in article 3, but if he is given a new place, as hereinafter provided, such ' repayment shall not be made. 2. He shall also be paid the actual cash value of all his buildings and machinery on the place so taken, and the same shall belong to the Dai Han Government. In estimating such cash value, the value of any concession herein made, or damages for the stoppage of his business or any other incidental loss to Count Keyserling, shall not be taken into account. Provided that the rental of such places, viz, at the rate of 150 yen per year, shall cease and not be paid by Count Keyserling after the place is taken for a foreign settlement; and provided further, that Count Keyvserling shall be at liberty to remove all the buildings and machinery, or either of them, within a reasonable time, in which case he shall not be paid for the same; and provided further, that in case any place is taken for a foreign settlement under this article a new place, of the same size, instead shall be assigned to Count Keyserling, if he so desires, free of cost, outside the settlement. Such new place shall be selected as was the place taken, and all the provisions of this agreement shall apply to said new place that applied to the old one for which it is substituted, and Count Keyserling shall pay rent for the same as for the old place, viz, at the rate of 150 yen per year. In case Count Keyserling desires to remove hi^ machinery from the old place to such new place, the Dai Han Government will pay him the cost of such removal. Article 10. The term of this agreement shall be twelve years, commencing from the date hereof, and at the end of such term Count Keyserling shall cease operations hereunder, and he shall, within a reasonable time, remove all machinery and appliances for working whales and surren- der said places to the Dai Han Government. All buildings and struc- tures shall become the property of the Dai Han Government without any cost, and the Dai Han Government shall take full possession of such places. Article 11. As yearly rental for said three places, Count Keyserling agrees to pay the Dai Han Government at Seoul 450 yen each year, in advance; the first of the said payments to be made to the Dai Han foreign office when the agreement is signed, and the others to the same office on the TREATIES AND CONVENTIONS WITH CHINA AND KOREA. 461 same day of each year thereafter during the continuance of this agree- ment. If Count Keyserling fails to make any of the said payments for a period nf one year after they become due, as in this article stip- ulated, all rights granted him in this agreement shall be forfeited and become null and void, and the Dai Han Government may enter upon and take possession of and own, without cost, all said three places, and all the buildings, structures, machinery, and other property thereon; provided, that if Count Keyserling shall pay within six months thereafter all the amounts due or to become due as rental and interest on said premises up to the end of the twelve years' term, he shall be at liberty to remove his buildings and machinery, and if he fails to make such payments within said six months, then all said buildings and machinery shall be forfeited to and belong to the Dai Han Government. If any payment of rental is not made when it becomes due, it shall bear interest at the rate of li per cent per month till paid. Article 12. If Count Keyserling or his representatives shall break any of the agreements herein made, or any of the things prohibited herein, he shall in addition to all treaty penalties indemnify and pay the Dai Han Government for all loss and damage sustained by it, and if he permits the same to be repeated or continued after notice by the Dai Han Gov- ernment, this agreement and all his rights hereunder may be forfeited by the Dai Han Government, in which case he shall forthwith remove all machinery and stores and other propert}'^ from the places occupied by him, but the buildings and other stnictures erected by him shall be forfeited to the Dai Han Government, and it. may take full possession of said places, buildings, and structures and have and own the same without cost. Article 13. Count Keyserling may, with the consent and permission of the Dai Han foreign office, given in writing, transfer his rights to another reliable person or a reliable company. Ih case of his death before such transfer, his rights shall go over for the remainder of the term to his legitimate heirs and successors. But in case of any transfer by him to others, or by his death to his heirs and successors, such trans- ferees and heirs and successors shall be subject to all the obligations and prohibitions, limitations and penalties of this agreement. Notice of any transfer shall be at once communicated to the Dai Han foreign office, and in case of death of Count Keyserling the names and interest of Count Keyserling's heirs and successors shall also be communi- cated to the said foreign office. 462 TBEATIES AND CONVEITriONS WITH CHINA AND KOBEA. Article 14. In case any dispute or contention or question shall arise under the agreement, the same shall be settled by arbitration, one arbitrator to be selected by the Dai Han foreign office, the other by Count Key- serling, and if these arbitrators can not agree they shall select an umpire without delay, whose decision shall be final, and the Dai Han Government on the one side and Count Keyserling on the other agree to abide by and perform the award and decision of said arbitrators or umpire. Article 15. It being necessary for the protection of the revenue that the cus- toms department should depute an officer to reside permanently or occasionally at each of the stations granted by this concession, Count Keyserling undertakes to furnish suitable quaii;ers at each station for the customs officer so deputed, and until such quaiters can be built and prepared, Count Keyserling will place a suitable cabin on board any of his ships lying at a station at the disposal of said customs office and will furnish him with a boat's crew whenever he has occasion to go afloat. Count Keyserling undertakes, further, to pay to the customs at Yuensan a sum of $100 a month to meet in part the cost of providing the customs officer required; provided, that when Count Keyserling is is not working at any station no officer will be deputed to reside at such station and no contribution for him will be paid; and provided further, that Count Keyserling must always give ten days' previous notice to the custom-house at Yuensan of his intention to work at any station, so that the officer may be sent with or before Count Keyser- ling; but if the officer does not arrive at the place before the expira- tion of the said ten days, Count Keyserling may commence work in his absence at the expiration of said ten days. Should Count Keyserling work whales at two or more stations at the same time, an officer must be deputed to each station and the fee of JlOO per month paid for each officer. Article 16. During the term of this concession Count Keyserling may import duty free, in the vessels mentioned in article 18, below, machinery, materials — including salt and coals — and instruments necessary for car- rying on the whaling business mentioned herein. A detailed list of the quantities and values of all such articles, machinery, instruments, stores, materials, and other appliances for use in working whales landed at a station shall be kept by the customs officer on duty. This list will be checked from time to time with the articles, and if anything is found missing and unaccounted for, duty at the tariff rate as originally due will be collected on it TBBATIB8 AND CONVENTIONS WITH CHINA AND KOBEA. 463 ^ ARTICLE 17. Provisions and stores for the workmen, which shall be sold to the workmen at the actual cost price, plus the expenses for procuring and keeping them, will be purchased by Count Keyserling in Dai Han, except when the prices are very high, in case of famine or a bad har- vest, when he may import them from abroad; provided, that no pro- visions or stores shall be imported except for the actual use of the workmen and emploj^ees, and shall not be sold to anyone else. Such provisions and stores brought into a station, if kept and consumed on board the vessels, shall not be liable to duty; but any provisions or stores landed for consumption on shore shall pay duty, and a list of all such shall be made out at the time of landing and handed to the cus- toms officer on duty, who will check it, and, having certified it correct, will forward it to the Yuensan conmiissioner, to whom Count Keyser- ling or his agent will without delay pay the duty shown to be due. ARTICLE 18. During the term of this concession Count Keyserling may import and export, either in his own vessels or on chartered ones sailing under the flag of Dai Han or of a government in treaty relations with the Dai Han, whales and products of the whale fishing, either raw or worked up, but nothing in this concession shall be construed as giving a license to take whales within Korean waters. Article 19. 1. All vessels which Count Keyserling employs in his whaling busi- ness in Korean waters must at the beginning of each season be reported at the Yuensan custom-house and tonnage dues paid upon them. If it be convenient for any of the vessels employed to proceed to Yuensan herself before paj'^ment of tonnage dues, her papers may be examined by the customs officer at the station and his report of the register tonnage accepted as correct. Subsequent payments of tonnage dues before the close of the season may similarly be made in the vessel's absence. 2. In lieu of all duties, import or export, on whales or their pro- ducts the sum of 20 yen shall be paid by Count Keyserling as a tax on each whale, irrespective of size, brought by him into Korean waters to be worked up. On the last day of each month Count Keyserling, or his representative at the station, shall hand a statement of the number of whales brought into that station during the month to the customs officer there on duty, who, having verified the statement and certified it correct, will forward it to the conunissioner of customs at Yuensan, to whom Count Keyserling or his agent will without delay pay the amount of tax due, calculated on this verified statement. 464 TBEATIES AND CONVENTIONS WITH CHINA AND KOBEA. Article 20. The text of this agreement is drawn up in duplicate in Russian, Chinese, and English language, duplicates to be duly executed and signed, and one to be kept in the Dai Han foreign office and the other by Count Keyserling. In case of misunderstanding the English text shall be considered the ruling one. March 29, third year of Kwang Mu. Ye Eung Ik, The Chief of the Diplomatic Burea/u of Dai Han foreign Office. Count Henry Keyserling. 17 OQ March, 1899, Seoul. APPENDIX. 27938—04 30 - 466 No. 76. TREATY BETWEEN CHINA AND THE CONGO FREE STATE, CONFER- RING MUTUAL MOST-FAVOURED-NATION TREATMENT.^ Signed at Peking July 10, 1898. [Translation.] Concerning the Treaty of Amity and Commerce between the Chinese Emperor and the Congo Free State, it is proposed that in accordance with the powers received, which are in form, a special Article shall be agreed upon mutually and promulgated without delay. Art. I. All privileges of person, property, and jurisdiction enjoyed by foreign nations under the Treaties concluded by China shall from henceforth be granted to the Congo Free State. II. It is agreed that Chinese subjects may at their pleasure proceed to the territory of the Congo Free State, and there sojourn or reside, and that they may buy and sell, retain possession or change owner- ship of, all species of property, movable or immovable. As regards trade, navigation, and industry, Chinese subjects shall have most- favoured-nation treatment. In witness whereof the High Officers of both States have hereunto affixed their signatures and seals. Peking, July 10, 1898. ^ (l. s.) Li Hung Chang, (l. s.) Comtb D'Ubsel. a BriiiBh and Foreign SUOe Papers. Vol. XC, p. 956. 467 No. 77. TREATY OF AMITY AND C50MMEECE BETWEEN MEXICO AND CHINA.« SioNAD AT Washington Dbcbmbbr 14, 1899. Ratifications Exchanged at Washington, July 19, 1900. The President of the United Mexican States and His Majesty the Emperor of China, being equally animated by the desire to establish friendly relations between the two countries and their citizens and sub- jects, have resolved to conclude a Treaty of friendship, commerce and navigation, and for that purpose have named their respective Plenipo- tentiaries, that is to say: The President of the United Mexican States, Manuel de Azplroz, Ambassador Extraordinary and Plenipotentiary of the United Mexican States in Washington, and His Majesty the Emperor of China, Wu Ting-fang, an Official of the Second Rank, Minister of State of the Fourth Class by brevet, and Envoy Extraordinary and Minister Plenipotentiary to the United States of America, Spain and Peru; And we, the said Plenipotentiaries, after having exhibited our respective full powers, and finding them in due and good form, have* agreed upon the following articles: ARTICLE I. There shall be perpetual, firm and sincere friendship between the _ , ... United Mexican States and the Chinese Empire, as also Free intercourie. between their respective citizens and ^ubje(.'ts. They ? tion treato nt* ^^*'^ ^® ** liberty to freely go to the respective coun- tries of the High Contracting Parties and reside there- in. They shall there have complete protection in their persons, fami- lies and property, and they shall enjoy all the rights and advantages which are granted to the subjects of the most favored nation. ARTICLE n. In order to facilitate friendly relations between the two countries, Diplomatic ^^® President of the United Mexican States may appoint agents. Eighte. a Diplomatic Agent to the Court of Peking and His Majesty the Emperor of China, may, likewise, appoint a Diplomatic Agent near the Mexican Government. alHario Ofidaly July 24, 1900. 468 APPENDIX. 469 The Diplomatic Agents of each of the High Contracting Parties may reside permanently or temporarily in the Capital of the other, with their families and members of their suite, and enjoy, in the countries of their respective residence, the same prerogatives, exemptions, immunities and privileges granted to the Agents of the same rank of the most favored nation. ABTIOLE ni. Each of the High Contracting Parties may appoint, at the ports or cities of the other, open to foreign commerce, Con- Contuiar offl- suls General, Consuls, Vice-Consuls and Consular lmmiiiLitiet5 * Agents. These shall not enter in the discharge of their duties until they receive the Exequatur of the Gov- ernment of the Country where they are to reside. The Exequatur shall be issued free of charge. At the ports or cities where no Consul is appointed, his functions may be performed by a Consul of a friendly nation. Where there is no Consul, the local authorities shall see that the citizens or subjects of the other Contracting Party enjoy the ben- efits of the present Treaty. The Consular Officers of the High Contracting Parties shall perform all the functions and enjoy all the immunities and privileges which, in either of the two countries, are granted to the Consular Officers of the most favored nation. The Consular Officers shall not support the demands of their citizens or subjects if provocative or offensive to the authorities or inhabitants of their place of residence. Should a Consular Officer adopt offensive conduct towards the laws of the country of his residence, the Exequatur may be withdrawn from him. ARTICLE rv. Mexican citizens shall be permitted to go into the interior of China and travel therein, provided they are furnished with ilMriftaiui in CTtinY ^ pas^port issued, at the request of the Mexican Con- sul, by the Customs Taotai. This passport, written in the two languages, Spanish and Chinese, must be shown when the authorities of the place of transit ask it, and returned at the end of the journey. No obstacle shall be placed in the way of travelers engaging men, vehicles or vessels for the transportation of their baggage. In case the traveler is not provided with the proper passport, or he commits an unlawful act, he shall be delivered for trial to the nearest Consul of Mexico or of a friendly nation previously designated by the Mexican Government. In this case the local authorities can only arrest the traveler without insulting him or permitting any violence to him. 470 APPENDIX. Mexican citizens shall be at liberty to make excursions without the necessity of providing themselves with a passport, in the neighbor- hood of the open ports, for a distance not exceeding one hundred 11, and for a time not exceeding five days. These stipulations are not applicable to the crews of vessels, who shall be subject, during their stay on land, to the regulations estab- lished by the Consuls and the authorities. Chinevse subjects shall be at libert}' to travel through all the territory of Mexico, as long as they conduct themselves peace- C^ete travel- Q^\y ^^^ ^^ not violate the laws and regulations of the country. ARTICLE V. It is agreed between the two High Contracting Parties that the emi- gration of their respective subjects, whether accom- onf'taiow^S^*^**'' panied by their families or not, shall be in future free and voluntary; consequently they disapprove of every act of violence or trickery which might be committed in the ports of China or anywhere else for the purpose of expatriating Chinese sub- jects, against their will. The two Governments engage themselves to prosecute with all the rigor of the laws any contravention of the preceding ProMontion for stipulation and to impose penalties established by their tion. ^ •""fif'*" respective legislations upon the persons and ships who may violate this stipulation. ARTICLE VI. Mexican citizens shall be at liberty to travel with their merchandise and engage in commercial pursuits in all the ports of China where the subjects of other nations are per- mitted to engage in commerce. Chinese subjects shall, likewise, be at liberty to travel and engage in commerce in all places of the Mexican Republic, under the same conditions as the subjects of all other nations. It is to be understood that, in case either of the High Contracting Parties should hereafter grant, of its own accord, to Limitation of any other nation, advantages subject to special condi- tion provision.* " tions, the other Contracting Party shall enjoy said advantages, only provided it complies with the condi- tions imposed therein or their equivalent, to be mutually agreed upon. APPENDIX. 471 ARTICLE VII. The citizens or subjects and merchant vessels of each of the High Contracting Parties shall be subject, at the ports of merchMit'Veiiei/ *^® other open to foreign commerce, to the legal pro- visions which now regulate commerce with all other nations or which may be issued hereafter. ARTICLE VIII. The import duties imposed in the United Mexican States on the produce of the soil and industry of China, and in the port'JSttet"'* *'' Empire of China on the produce of the soil and in- dustry of Mexico, shall be no other nor higher than those to which the same produce- of the most favored nation are or may be subject. The same principle shall be observed in regard to exportation. No prohibition nor restriction of importation or Exportation shall take place in the reciprocal commerce of both countries, ■triotion 0^ teade*' ^^'^^^ ^^ ^® likewise applied to all other nations, except for sanitary motives or for the purpose of preventing the propagation of epizootics or the loss of crops, or also in view of events of war. ARTICLE IX. The ships of war of each of the Contracting Parties shall be admitted into the ports of the other, where those vessels of all Their privUege" other nations are allowed to enter, and to be treated as those of the most favored nation. They shall have entire liberty to purchase provisions, coal and the necessary articles for a voyage, as also to get water and have all necessary repairs made. The ships of war shall be exempt from the payment of all duties, both on their arrival and departure. The Commanders of 'Mexican ships of war in China and the local principal authorities shall mutually treat each other on the basis of equality. ARTICLE x. The citizens or subjects of each of the Contracting Parties, in the Ez m ti n fr m ^^^^'^^^^'^ and possessions of the other, shall be exempt mUitary lervioe, from all compulsory military service whatever, whether forced loans, etc. jj^ ^^ie army, navy or national guard, or militia. They shall likewise be exempt from all contributions, whether pecuniary or in kind, imposed as a compensation for personal service, and, finally, 472 APPENDIX. from forced loans and from charges, requisitions, and war contriba- tions, unless imposed on real property when they shall pay them equally with nationals. The vessels, cargoes, merchandise or effects of citizens or subjects of neither Contracting Party shall be detained for any military expe- ditions or for any public purpose whatever without corresponding compensation first being agreed upon and settled. ARTICLE XI. The merchant vessels of each of the Contracting Parties shall be at liberty to frequent the ports of the other open to f or- eign conunerce or that may hereafter be opened. It is, however, agreed that this concession does not extend to the coasting trade, granted only to the national vessels in the territory of each of the Contracting Parties. But, if one of them should permit it wholly or in part to any nation or nations, the other Party shall have the right to claim the same concessions or favors for its citizens or subjects, provided said Contracting Party is willing, on its part, to grant reciprocity in all its claims on this point. The vessels of each of the Contracting Parties shall not be subject, M tf ▼ored - ^^ ^^® territory or ports of the other, on their entrance, tion treatment for departure or stay, to other or higher duties, charges mereliant veMeU. ^^ f^^ ^f public officials on account of tonnage, light- house, port, pilotage, quarantine, salvage, assistance in case of damage or shipwreck, nor to other charges or duties, local or federal of what- ever kind or denomination, than are paid or which may hereafter be paid by vessels of any other nation. For the application of this and other articles of the present Treaty, those are to be understood as ports of each of the Conti^acting Parties, which are opened or that may hereafter be opened to the import and export trade by the respective Governments. The two Contracting Parties agree upon considering a distance of three marine leagues, measured from the line of low riai^ateri**^**" *^^^' ^ ^^® limit of their territorial waters, for every- thing relating to the vigilance and enforcement of the Custom-House regulations and the necessary measures for the preven- tion of smuggling. The vessels of each of the High Contracting Parties which may nave been disabled near the coasts of the other and may ^^' have to seek shelter in a port, shall receive from the local authorities all the assistance which they can render. The merchandise saved shall not be subject to the payment of duties, unless it shall be landed for the purpose of sale. Such vessels shall be treated on the same terms as are granted under similar circumstances to those of other countries. APPENDIX. 478 ABTIOLE Xn. The engagement by contract of citizens or subjects of one country as laborers, servants or the like in plantations, mills, Contract labor- on. shops, business establishments or private families in the other country, shall be subject to rules to be estab- lished by mutual agreement between both High Contracting Parties. ARTICLE xni. Mexicans in China who may have occasion of complaint against Chinese, shall lay their complaint before the Mexi- vi^^i^^c^ ^^ Consul, who shall investigate the facts of the case and exert himself to bring about an amicable settlement. If a Chinese should likewise, have any occasion of complaint against a Mexican in China, the Mexican Consul shall listen to his complaint, and try to obtain a friendly settlement. Should the Consul be unable to reconcile the parties, the case i» then to be submitted, in all equity, whether the plaintiff be a Mexican or a Chinese, only to the Court to which the accused is subject. ABTIGLE XrV. Mexican citizens in China who may commit any crime against Chi- nese subjects, shall be arrested by the Mexican Consular authorities and punished in accordance with the laws of Mexico. Chinese subjects guilty of criminal acts against Mexican citizens in China, shall be arrested and punished by the Chinese authorities in conformity with the laws of China. As a general rule, every civil or criminal suit instituted in China, between the citizens or subjects of the two Contracting Parties, shall be tried only according to the laws and by the authorities of the coun- try to which the defendant or accused belongs. The High Contracting Parties shall not be bound to reimburse any money that has been stolen or obtained by fraud, or "> T« Q^ing by a citizen or subject of one of the two coun- tries to a subject or citizen of the other coimtry. In case of robbery or fraud the proceedings to be instituted shall be in accordance with the laws of the country to which the accused belongs, and in case of debt, the authorities of the country of the debtor shall do all they can to make the debtor comply with his obligation. Should Chinese subjects in China, who are principal actors or accomplices of a crime, take refuge in the houses, Chinoto crimi- warehouses or on board the merchant vessels of Mexi- dorod. ■^"•'^" can citizens, the Chinese authorities shall lay the facts in this case before the Mexican Consular Officers, and they shall conjointly appoint agents for the apprehension of the crim- inals, who shall not be protected nor hidden. 474 APPENDIX. ARTICLE XV. All legal questions that may arise in China between Mexican citizens concerning their persons or property shall be subject Juriidiotionover ^ ^j^^ exclusive jurisdiction of the Mexican authori- Mezioani in Ciiina. '' ties. Suits instituted in China between Mexican citi- zens and foreigners shall be decided only by the authorities of their respective countries. When Chinese shall be concerned in suits, the proceedings shall be in accordance with the provisions of the two preceding articles. Should the Chinese Government think proper, hereafter, to estab- lish, in accord with foreign powers, a code for the purpose of settling the matter of jurisdiction over foreign subjects in China, Mexico shall have an equal share in said agreement. ARTICLE XVI. Persons, of whatever condition they may be, who may land from vessels of one of the High Contracting Parties, at an Pnniihmeiit of open port of the other, and cause any disturbance on peace^' *'" ^ shore, within twenty four hours of their landing, shall be punished by the proper local authorities, but only with fine or imprisonment in accordance with the usages established at said port. The questions arising from collisions in Chinese waters between vessels of the two countries, shall be decided by the CoUiBioniinChi- authorities of the accused in accordance with the legal neie waters. i . . - • n «. . regulations m force in all countries respecting collisions. Should the complainant not be satisfied with the decision, the agents of the country to which he belongs shall be authorized to apply officially to the authorities that have tried the oflfender, and they shall retry the case and give a final and equitable decision on the same. ARTICLE XVII. Chinese subjects in Mexico shall have free access to the judicial tribunals of the country for the defense of their legiti- Legai rightB of mate rights. They shall enjoy, in this respect, the same rights and concessions enjoyed by Mexicans or by subjects of the most favored nation. ARTICLE XVIII. This Treaty shall be engrossed in the three languages Spanish, Chi- nese and English; the Spanish text shall be observed .v^^^f?^*****^' in Mexico, the Chinese text in China, and, in case of thontative. ' ' , disagreement, the English version shall be decisive. APPENDIX. 475 ARTICLE XIX. This Treaty shall remain in force for ten years reckoned from the day of the exchange of ratifications. The High Con- ^" ^^' tracting Parties can, at the expiration of that time, propose modifications by means of a notice to be given six months in advance; and if neither of them should do so, the Treaty shall con- tinue to remain in force in all its provisions until the expiration of one year after one of the Parties has expressed to the other its inten- tion of terminating it. ARTICLE XX. This Treaty shall be ratified by the two High Contracting Parties and the ratifications shall be exchanged at Washington, as soon as possible. In witness whereof, we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our respective seals. Done at Washington, in two originals in three languages Spanish, Chinese and English, this fourteenth day of December of the 3'ear One thousand eight hundred and ninety nine of the Christian era, corresponding to the twelfth day of the eleventh moon of the twenty- fifth year of Kwang-Hsu. [seal.] Manuel de AzpfROz. [seal.] Wu Ting-fang. ALPHABETICAL INDEX. CHINA. 477 ALPHABETICAL INDEX- CHINA. Name. Abtoonding debtori. AdYMitagei Ai-nan-tm (ProTinoe of Kiang-tn ). Amerioan Amerioan diina De- Telopment Co. Ammniiition, Amortiiatlon . Amoy. subject. Chinese absconding debtors of Jap- anese to be dealt with by China. Japanese absconding debtors of Chinese to be dealt with by Japan. Surrender of, in China Privil^es and immunities granted by Chinese Government or by I>rovincial or local administra- tions in China to any govern- ment or individual to accrue also to Japan and its subjects. Anthracite coal beds of Citizens have right to reside, trade, carry on industries and manu- factures in all localities open in China. Eight to establish bonded ware- houses at open ports. Citizens resident m China for min- ing operations to be subject to special regulations. Makes contract for loan and for building and operating Yueh- Han R. R. May acquire contract to Peking- Hankow line if contract wim Belgian company is canceled. May sulvise and discuss adjuncts to business of railway, such as steam ferries, warehouses, etc. Status of, as bona fide American company. Memorandum of ^reement with the British and Cninese corpora- tion. Materials used exclusively for manufacturing, importation into China to be prohibited. See Munitions of war. Of indemnity loans for Boxer up- rising to be guaranteed. Of Boxer indemnity to end in 1940. Table of, for Boxer indemnity Japanese may have special settle- ment at. Railways may be prolonged across Chinese frontier. Telegraph lines to be joined with Chinese. Num- ber of docu- ment. Article. Page. 6 23 37 6 23 37 6 19 24 9 37 124 59 4 403 20 3 137 20 6 140 20 7 141 37 252 37 257 37 11 270 37 278 49 345 15 §5 64 15 §6 64 15 16 6 Ann Sup. 6 13 3 70 84 39 3 5 23 3 6 23 479 480 ALPHABETICAL INDEX — CHINA. Name. Subject. Num- ber of docu- ment. Article. Page. Anti-Gliriitian Clauses of Chinese Code repealed . . Laws were abrogateBelong8 to China 18 r 18 \ 20 44 44 18 1 18 6 15 15 15 18 18 20 20 18 19 / 1 ^Z 41 41 41 41 41 41 41 41 59 51 32 32 32 32 4 9 7 6 8 8,§ 3 11 14 4 §4 (4) 4 8, §3 8, §8 4 10 8. § 12 10 3 3 17 104 Carff 0 111 141 325 Carts 326 107 Caih 11 CemeterieB 113 32 Certifloate 63 64 69 107 Ch'ang-iha (in Ptoy- ino6 of Hunan). Chen-pien T'ing, Dii- 109 139 142 110 125 8 triot of. Chengting -T a i 7 n a n 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 operatinjpj. Amount of loan for, interest Bouds, interest, etc 42 308 309 313 1 2 17 23 23 24 314 314 Amount of loan bought by Russo- Chinese Bank. Sections of line 315 315 Advance to be made bv Russo- Chineee Bank, how to be used. Issue of bonds by bank 316 316 Chih-li (Provinoe of) . Chinkiang Cliineie Eaf tern Bail- French railway and mining con- cessions in. Railway to, from Tientsin 402 355 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 Chineie Eaitern Bail way. Time for commencing and com- pleting construction of. Gauge of line Chinese local officials to assiHt 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 passports. 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. Mav be bought by China after thirty-six vears. All profits 01 to belong to company . Statutes of the company of the Formation of the company Term of concession .' Obligations toward the Kuasian 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 l)onds by Russian Government, (iuarantee 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 bv 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 SS 33 33 33 33 33 33 33 33 33 33 33 7 8 9 10 10 10 10 11 11 11 12 12 12 Ti' §2 §3 §4 §5 §6 § 7 § V § 8 §9 § 10 § 11 § 11 212 212 213 213 213 213 213 213 213 213 213 214 214 214 214 214 214 214 214 214 214 215-224 215 216 216 218 218 219 219 219 219 219 220 220 220 § 12 I 220 13 I 14 § 15 § 16 § 16 § 29 § 30 220 221 221 222 222 223 223 484 ALPHABICTICAL INDEX CHINA. Name. Subject. Num- ber of docu- ment. Article. Page. ChineBe Empire Russia recognizes Manchuria as integral portion of. France and Russia declare inde- pendence of, basis of their policy. ■ Objects of the 17 30 1 99 203 Cliineie Engineering and Mining Co. 55 375 Liahilitv of. limited --- 55 55 37 39 34 34 34 34 34 34 34 37 37 41 58 39 39 20 20 20 20 20 61 42 4 5 16 16 1 1 378 Canital of the 378 Chineie Imperial Bank Chinese Bailway Co. . . To be used by Canton-Hankow R. R. To be utilized by Shanghai-Nan- king R. 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 ] :ranting 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. R. Makes loan contract with Russo- Chinese Bank for Chengting- Taiyufui R. R. 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, under contract with British Svndicate. See also Chinese ilailway Co. Recognition 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. 242-246 252 Passim. 313 389 Chineie Bailway Ad- ministration. 281 Passim. Clirietianity 14 14 14 14 14 144 144 144 144 144 417 Chnng-hon-aon 317 ALPHABKTIOAL INDEX — CHINA. 485 Name. Subject. Num- ber of docu- ment. Article. Page. (pmng-kiiig (Province of Sitt-oli'Qaii). Opened as treaty port 2 2 6 18 6 20 20 6 9 37 37 41 42 45 45 52 59 59 59 18 18 20 20 f 18 19 20 18 19 20 77 15 15 5 6, § 1 6, § 2 Sup. 1 5 4 14 14 5 6 17 Steam navigation lor Japanese ves- sels from I-chang to. Japanese settlement at 17 39 Chnrohof Navigation for steamers between I-cnang 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 Subjecta. Japanese vessels carrying on, along coasts and rivers of China, 8ul> ject to confiscation. Port Arthur a, except for Chinese and Russian vessels. Mines to be opened along line of Canton-HauKow R. R. bv 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. Fields 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 dischaige of debts in Haikuan taels. 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 Yun-nan and Ssti-ch'uan conceded, or which may be conceded, by China to France or Great Britain to be enjoyed alike by both. 104 32 CUtiMnB 144 144 Clandostixie trade Closed port 32 51 Goal 258 25 'I 276 312 317 328 CkMMtwiM dnUes Coinage Collifionf 8 §4 4 5 7,8 8 8,5 7 4 4 i 13 Ann. A 6 13 16 111 11 4 330 364 403 403 404 105 108 137-138 139 103 123 144 116 123 144 474 Commeroe 65 Commereial privilegei 72 29 486 ALPHABETICAL INDEX CHINA. Name. Commeroial relationB . Compagnie O^n^rale de Chemini de Fer et Tramways en Chine. Compagnie d' Orient , Conceeiion Subject. China asked to revise, so as to facili- tate them. Makes loan and construction con- tract with Chinese Railway Co. for line from Kai-f^ng Fu to Ho- nan Fu. Has right to choose chief engineer for construction of Kai-f^ng Fu R. R. See Kai-f^ng Fu-Ho-nan Fu R. R. Makes agreement for working mines in three prefectures of Fu-kien. French directors to form majority. . Three years allowed for prospecting. Majority of shares to be held by Chinese. To engage experts, conduct mining, and sell produce. Shares of stock of each mine; de- bentures; taxes, how provided for. Net profits, how dividei. 62 §10 367 Import dotiei To be paid at Ssii-mao on goods from Annam. 3 3 22 On Chinese goods imported into 3 4,S3 23 China from Chinese open port through Annam. On foreign goods, to be made 5 per cent effective. 16 6 (6 3) 71 Drawback certificates valid tender 18 1 103 for payment of. Surtax on foreign goods, amount 18 8,§ 2 106 of, brought into China across land. Frontier, same as by sea 18 8,§ 2 8,§9 106 Rebate of, on raw cotton imported . 18 109 Surtax on foreign goods imported 20 4 138 by Americans, amount of, condi- tions. Refund of, on yam and cloth of 20 4 139 Chinese-grown cotton imported. Payable on machinery, materials, 40 8 306 and supplies for mining. Most-favored-nation treatment as 77 8 471 to, agreed to between Mexico and Chma. 27938-04 32 498 ALPHABETICAL INDEX CHINA. Name. Subject. NUTl- berof docu- ment. Article. F^ge. Indenmity Mode of pay- Payments by Independence . Inliabitanti Inland watere. China pays Japan, ment. Interest, anticipation. Wei-hai Wei to be held by Japan as guarantee for payment of. To Japan for retrocesision of F^ng- 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 l*owers. For Boxer disturbances, how cal- culated. Interest and amortization of Boxer. Service of Boxer, debt Revenues 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 territorv leased to Russia at and arouna 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. Navigation 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 liindered. 2 4 15 15 15 15 15 15 2 5 16 4 8 9 10 11 12 12 13 2 2 18 18 19 18 19 18 19 8 2 §6 6 6 (a) 6 (a 6 6 (a) § 1 6 § 2 6 § 3 4 10 15,16 18 26 64 70 70 70 14 28 97 203 16 26 47 51 54 56 58 58 61 17 17 112 Ann. C 118-120 Ann. 1 12&-128 Ann.C4 ' 119 Ann. 1 4 I 127 Ann. C5 I 119 * nn. 1 o I 127 ALPHABKTICAL INDEX — CHINA. 499 Name. Subject. Num- ber of docu- ment. Article. Page. Inland waten Inipector-Oeneral . Integrity Intereit. Internal taxation Intervention InTeitigation . . . InTeetore I-pang Iron Irrawaddy Iilande ... Japaneie . . To be opeued to steam navigation gradually. Navigation of, open to all Japanese steamers. Dues and duties for, appointment of olScer for collection of, to be made. Navigation of, open to Americans . . R^mations for navigation of, may he amended at request of U. S/ Navigation of. Trade on Yangtze River. See Navigation. Of Maritime Customs, to be a British subject. Of China, policy of Great Britain and Germany to maintain. Of China, in case any Power seeks to impair, Germany and Great Britain to take action. Of China; Great Britain and Ger- many to aj^k Powers accept their principles concerning. China to guarantee pajTnent of, on Boxer indemnities. At 4 per cent, and reimbursement in 39 years, for Boxer indemnity. On Boxer indemnity, when paya- ble. See Railway. See Likin. In China and Korea; Great Britain and Japan recognize each other's right to. Into iliejpil taxing or obstructions by native custom-houses. Chinese, in non-Chinese enterprises. Equality of treatment of Chinese, in joint-stock companies. British, in Chinese companies See Mining and Regulations. Route from, to Ssii-maoand Fu-erh open to trade. Government iron works at Ta Yeh, products of, exempt from excise tax. Mines in certain sections of 8han-si leased to Peking Syndicate. Mines along line of North China R. R. reserved to company. Mines in Ssii-ch'uan conceortion of, without agreement with Great Britain. Railway from, to Hu86 conceded to French syndicate. French concessions in Zone of 50 kilometers round bay of, free for passafi^e German tnwps. Bay of, leased to Germany for ninety- 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. . Rail wayH from, to boundary of Shan- tung Province and to the Tsi-nan Fu. The Imperial Government of, to cede necessary lands to Shan-tung R. R. Co. Rail way company to pay annual ("on- tribution for harbor works and expenses of protectorate. See Shan-tung and Shan-tung Rwy. Co. To be under Chinese administra- tion, but with Russian garrison. Rights of inhabitants of Evacuation of Province of, by Rus- sian forces. See Hai-nan. Ceded to China by Great Britain . . Port of call on West River Opened as treaty port Made a port of call To be opened as treaty port Independence of, recognized by Chma. Independence of, recognized by Great Britain and Japan. Interests of Japan in Great Britain and Japan may take steps to safeguard interests in. Intervention in, by Great Britain or Japan. Num- ber of docu- ment. Article. Pa«re. 15 1(a) 67 15 1 1(6) 67 9 7 7 40 5 42 59 6 403 59 8 5 1 403 45 8 2 46 8 8 3 4 46 47 8 5 47 8 8 8 5 5 SII,1 47 47 47-48 52 §9 367 52 Sn 368 10 4 54 10 17 4 2 54 100 1 3 8 7 7 Spec. art. Spec. art. 44 44 7 Spec. art. 44 18 / 8, S 12 I 10 110 112 2 1 14 16 1 97 16 1 97 16 1 97 16 1 97 16 ] 1 1 97 ALPHABETICAL INDEX — CHINA. 503 Name. Korea Subject. Num- ber of docu. ment. Kowloon . Kuaohao Knany-ohon wan. Kaang-fi (Proyince of). Knang-tung (ProT- inee of). Knei-chon (Province of). Knlow (or Kn-lao) . . . Knnlong Land Great Britain and Japan not to enter into separate arranprement to the prejuaice 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 jurisdictionincity of . Landing place at, for sole use of Chinese. Railway from, to be discussed Canton R.R See Chinkiang. Leased to France for ninety-nine years. Limits of territory leased by Fran(« at Made a free port Administration of leased territory at . Ri^ht 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 willin^ess ask for French aid for minmg in. French aid may be asked by China for mining in. China rei)eats 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 (ireat Britain by China . . Whole of, belongs to Great Britain. Japanese right to lease or rent, in 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, as property of societies, throughout Empire. Title deeds. Acquired bv Chinese Eastern Rail- way; rights on, exemption from taxation. See Mining and Railway. 16 16 16 30 12 12 12 11 36 11 11 11 11 11 36 3 3 18 59 59 59 18 1 7 6 12 13 20 20 32 Article. Page. 3,5 4 7 10 10 10 3 3 4 § 1 14 98 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. Land tax. Laokay . . Leaied territory. Legations . LiUn. Subject. I Num- I berof docu- ment. To be paid by Shanghai-Nanking R. R. Pa^ble on mining lands Railway from, to Yi'in-nan Hsien conceded French company. Abstract of convention between French Government and syndi- cate for building railway from, to capital of Yiln-nan. By Great Britain from China; tract south of Nam wan 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 Ruksia, at Port Arthur, Talien- wan and adjacent waters. At Port Arthur, term of lease Rights of Russia within, at Port Arthur. Chinese inhabitants may remain in Port Arthur and a% Mexicans and Chinese in each other's country, exempt from. Bureau of Control of, established. . . Of coal along line of Canton-Han- kow R. R. to be worked by op- erating company. Of coal, iron, in Shan-si 41 22 22 22 8 41 468 MiUtaryiervice Mlnfl. ... 10 471 249 258 305 Of coal and iron in Shan-si, near Chengting-Taivuan R. R. Around Huai-ching and in hill country in Honan, north of Yel- low River. Private, within area leased Coal, at Nan P'iao and vicinity Regulations for General Administration for, its du- ties. Control of all, to remain with Chi- nese. Royalty to Government on output of. Recrulations for working in Ssti- cli'uan. Royalties on mines in Ssti-ch'uan.. 13 312 320 16 322 328 340 340 13 20 5,6 343 344 348 349 510 ALPHABETICAL INDEX CHINA. Name, Mines Xining Subject. Export duties on output to be collected. Likin on output not to be levied. . . Explanatory and additional regula- tions for. Concension of French in various parts of China. In Fu-kien Province, agreement concerning. See Mining; Regulations. Encouragement to, in Yiin-nan French aid may be askeil 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- , berof , docu- ment. Article. Page. 50 6 350 50 54 6 350 372 59 402 60 1 3 407 12 5 11 23 8 2, §4 48 8 2, §4 49 10 5 54 New regulations for, to be preparee facili- tated bv hauling appliances. Of inland waters of China open-to all Japanese steamers. Of inland waters open on most- favored-nation terms to United States. Dues; equality of treatment in French leased territory' promised. Inland, regulations for trade on Yangtze River. Former regulations rescinded Ports, stages, and passenger stations. Three classes of vessels allowed River passes for vessels Cargo certificates for vessels on Yangtze. See Inland waters. North of territory leased to Russia at Port Arthur. Administration of, north of Port Arthur to be by Chinese. Boundary line of, north of Port Arthur. North of Port Arthur, etc., China to make no ccmcessions in. Ports east and west of, to north of Port Arthur, not to be opened to trade. By Great Britain or Japan in case of one being at war for protection of interests in China or Korea. Manchurian Railway may be ex- tended to aeacoast between Yalu River and. Railroad bridge at, shall only be built after discussion by China and Russia. Railway lines terminating at, and at Sin-min-ting; Russia may ask for concessions for branch lines of its railway crossing there. Customs, application of funds de- rivert of c^ll -{ May be opened as treaty port I 8 15 15 18 18 18 19 f 18 \19 19 20 28 I 44 44 44 44 44 44 I 9 9 10 10 10 16 9 17 27 29 29 6 18 Article. Spec. art. 4 4 Ann. Ann. 5 C 1 5 2 3 12 1 2 3 4,5 8 8 4,§3 5 8,§ 12 Pa^e. 44 47 56 72 73 104 104 118-120 126-128 104 122 122 143 186 324 324 324 324 325 325 51 51 53 54 54 97 52 101 184 201 201 32 110 516 ALPHABETICAL INDEX CHINA. Name. Subject. Num- ber of docu- meut. Article. Page. Kon-alienation Of Munglem and Kiang Hung Great Britain waives objection to, of Kiang Hung. Of Kiang Hung by China, except after agreement with Great Bnt- 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 Fiao. Price of fuel from Nan PMao 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 Hongkong 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-Newchwang 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 oflBcials 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. 1 7 7 8 21 22 24 26 42 42 45 45 45 46 46 46 46 46 15 15 15 15 15 15 1 20 19 r 61 \ 63 5 9 40 5 5 42 47 173 174 178 181 Korth Ohina Sailway. 2 1 317 317 328 9 10 330 330 332 Ooonpatioii 7 8 6 7 §9 334 334 3^ 334 65 65 OffldAlff ... . 9 § 10 W 2 (6) 10 (rf) 8, 1 11 4 9 72 65 68 72 110 139 125 417 423 ALPHABETICAL INDEX — CHINA. 517 Name. Officials On-pu "Open door*' Open pom Opium . Subject. Kegulations 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 adcepts 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 jwlicy advocated bv 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-pha, Mukden and, Ta-tung- kou made, by China. Bonded warehouses at Area in which native customs of- fices mav 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 11 11 14 14 28 Article. 28 28 28 28 28 10 18 18 18 18 19 19 .19 20 20 28 1 18 18 18 18 18 8 § 1 §4 28 1 186-187 Pa«e. 424 57 62 62 185 1 i 5 8, 8, § 1 § 3 8, 8, § 8 § 9 7 10 10 Ann. 6 2 11 8, |2 8, f 4 8, 55 8, 8, §5 J6 188 191 194 195 198 54 106 107 109 109 124 125 125 140 147 198 11 106 107 107 107 107 518 ALPHABETICAL INDEX CHINA. Name. Opium . FaUioi Pak Tan Han (or Pai- t'nk'on). Pao-ting Pn Papieos Partnership . Paisporta ... Patent! Peace Peiho Biver Peking Peking -Kewohwang Sailway. 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 River I by railway. All railway lines starting from, to i be built by French. Railway from, to West River On Yangtze, made a port of call. . . Railway from Peking to, to form I first section of Lu-Han R. R. (see I Sin-yang). ' See Vessels. I 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. For Mexicans in China 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; annual pajrment for. To 1)0 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. Purposes of loan Security for loan Staff of railroad during currenoy 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. Issue of loan — ^advance Chief engineer to be British sub- ject during currency of loan. 19 20 69 38 as 59 18 34 32 16 15 15 19 19 42 42 42 42 42 42 42 46 Ana. 1 10 10 19 6(^3) 11(a) 122 146 439 280 280 406 112 238 L9 4 122 1 14 11 6 6 32 9 213 77 I"^' , 469 77 IV 470 20 10 142 98 71 72 10 125 i I Ann. 6-7 132-133 317 317 317 318 318 5 318 319 334 ALPHABETICAL INDEX — CHINA. 519 Name. Peking Syndioate Peieadores Iilands . . Petrolenm PUote Ping-hsiang Fing-t'ing (on Wei ■hni). Piratei PoUce Subject. 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 Chmese Government. To establish school of mining Has right to build branch railways. In case of war must prohibit aid to enemy. Rgralations between, and Yii-Feng Co. for mini ng purposes in Ho-nan. To control mines m Ho-nan for sixty years. Ceded to Japan by China. Their position stated. Right to work, in Shan-si, granted Peking Syndicate. In Sstl-ch'uan, right to prospect for, conceded to French company. Japanese merchant vessels may engage, to enter and leave open jjorts. Eailway from, to Lukow, branch line of Canton-Hankow R. R. Head of section of Chengting-Tai- yuan R. R. Chinese, plunderine 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- llankow 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- thorities. 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. Num- ber of docu- ment. Article. 40 40 2,14 40 9 40 40 40 13 17 19 43 43 9 2 2 40 1 59 7 6 6 37 25 41 23 6 19 3 5 1 3 6 17 Sup. 1 3 / 18 \19 29 8,§ 12 10 §2,3 37 10 39 10 56 57 15 22 9 1 9 9 9 9 1 2 4 6 Page. 305 305,307 306 307 308 308 320 321 15 305 404 35 276 315 36 22 29 100 110 125 201 296 382 388 50 50 50 51 51 520 ALPHABETICAL INDEX CHINA. Name. Subject. Num- ber of docu- ment. Article. Piwe. Fort Arthur ......... Military works, etc., to be erected at expense of Russia at. And Talienwan, to be sole terminus of railway in Liao-tung Peninsula. Concessions not to be made by China in neutral zone north of. On Chinese vessels at Kiao-chou . . . Leviable on junks 9 10 10 8 ■ 18 6 6 7 62 36 8 18 28 2 18 18 18 18 20 19 40 43 50 6 8 11 7 3 5 8, §3 8 5 Spec, art 10 2 51 Fort duel ........... 53 54 Forteri Monopoly in, not to be granted Japanese vessels may touch at all open, in China. On West River, established at re- quest of Great Britain. On Yangtze and West River On Yangtze River 33 Port! of eall 32 44 112 324 Fo-fhsn 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 l^ 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 Shan-tung to en- Of Chinese in territory leased to France. 363 Fostal servloe 250 Freferential treatment 2, §4 3 49 103 198 Frisoners of war Prodnoe 9 8, §2 8, §3 8, §8 8, §8 4 1 6 6 6 1 § 11,4 3 18 106 Production 107 108 109 137-138 122 Froteotion 306 321 349 30 48 56 ALPHABETICAL INDEX — CHINA. 621 Name. Protection. Subject. Protegee ... Panlshmant dnickiilyar. Bailway ... Of railway from Kuang-chou-wari to Lei cnou. 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 SsCi-niao 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. Iniperial decree embodying, in- flicted on guilty of Boxer upris- ing. Of officials in whose jurisdiction anti-foreign disturbances occur. Inflicted oiwChinese guilty for anti- I foreign uprising of 1900. Edict published enumerating . Mines in Kuei-chou, conceded to I French company. . Of Annam may, aft^r agreement with China, be continued on Chi- nese territory. Dong-dang and Lung-chou line may be prolonged toward Nan-ning and Pe-se. To capital Yiin-nan Province 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 Ck>mpany, oi^anization, etc. Germany states intentions as re- gards, in 8han-tung. Russia secures permission to extend Manchurian, toTalienwanand to seacoast in Liao-tung Peninsula. In Liao-tung Peninsula 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-kuai^ to near Rus- sian line to Port Arthur. France authorized to construct a, from Kuang-chou-wan to w^est coast Jjei-chou. From British Kowloon; arrange- ments to be discussed. Num- ber of docu- ment. 11 15 17 17 48 3 7 15 15 15 15 15 69 8 7 8 8 8 9 10 10 10 11 12 Article. Pa«:e. 7 57 Ann. 16 2 99 4,§ 1 I 101 15, 16 ; 343 3 13 I 4 (2a) S 10 (a) 15 ' § 10 (a) I 10 (6) 2(a) 10(6) 8 22 43 64 65 65 23 24 53 58 522 ALPHABETICAL INDEX CHINA. Name. BaUway. Subject. China promisee to protect lines and persons in Manchuria. From Shan-hai-knan to Newch wang and Sin-min-ting restored to own- ers. Likin barriers on, to be perma- nently abolished. (ireat 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 a#d New- ch wang, Russia may build rail- way line in. Transportation tariff on, equality of, promised by France in leased territories. Bureau of Control of, established . . . Right to build, from Tongking to 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 Branch lines may be built in Shan-si bjr Peking Syndicate for use of mines. From Chengting to Taiy uan From Chung-hou-sou to Sin-min- ting. Branch line of Peking-Newchwang 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 lor mining purposes. . Administrative control of all con- cessions to remain with Chinese. Concession may be made a mon- opoly. Custoins stations along lines of Num- ber of docu- ment 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 Article. Page. 2 4 8,11 §1 §2 17 .... 1 17 4 13 19 20 99 100 106 180 183 183 184 184 184 186 249 250 280 281 293 308 317 317 323 338 340 341 343 334 344 ALPHABETICAL INDEX CHINA. 523 Name. BaUway. Bangoon . Bebate... Revised r^ulations for construc- tion of lines, in China. Bureau of Mines and Railways to pass on all applications for con- cessions. Foreicners to comply like Chinese with regulations. Mode of making application for concessions. Duties of local officials. Purchase of land. Taxes to be i)aid yearly. Application for concessions, when foreigners are participating^, to be made through Foreign Ofhce. 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 bv 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 siened. 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 Hus^ to Kiang-nan conceded to French syndicate. See 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-hai-kuan- Newchwang R. R.; Tientsin- ChinkiangR. R. ; Shan-tung Rail- way Co.; Kai-feng Fu-Ho-nan Fu R. R. ; Laokay. China to appoint consul at Of import duty and two-thirds sur- tax on raw cotton imported. Num- ber of docu- ment. Article. 57 57 1 57 2 57 3 57 4 57 5 57 6 57 7 57 8 57 57 9 10,11 57 12 57 13 57 57 57 14 15 16 57 57 17 18 57 57 19 20 57 20 57 21 57 57 59 22 23 6 1 18 13 8, §9 Page. 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 11 109 524 ALPHABETICAL INDEX — CHINA. Num- Name. Subject. ber of docu- ment. Article. Pa«e. Bebate Of import duty and two-thirds im- port surtax on raw cotton im- 20 4 139 ported to make yam or cloth. China to undertake works to im- prove navigation on upper. Railway from Annam to Yi'm-nan Fu may follow. Bed Elver 3 25 3 25 Be-ezportation Foreign goods re-exported from China not subject to export duty. 6 13 34 Drawback certificates on 6 6 13 17 34 Befuge Japanese merchant vessels may enter any port in China to seek 35 place of. Right of, agreed to between Mexico 77 11 472 and China. Salved goods. Beg^itration ..... Of trade-marks by China 18 7 105 Begnlationi To give effect to Japanese treaty of July 21, 1896. For Japanese vessels owned or char- tered at 8u-chow, Hang-chow, 6 27 38 6 Sup. 2 39 Shanghai. For navigation by steamers through upper Yangtze rapids to. be 18 5 104 drawn up. For bonded warehouses, to be 18 6 105 drawn up. Police and municipal, of foreigners 18 8, § 12 110 at ports to be opened. Mining, facilitating use of foreign / 18 \20 9 111 capital, to be prepared by China. 7 141 Inland steam navigation, supple- 18 Ann.C. 10 120 ment to. For appliances for hauling steam- 19 2 122 ers through Yangtze rapids— by whom made. Amended, for steam navigation in- 19 8 124 land, agreed to with Japan. Pol ice ana municipal, atCh'ang-sha. For bonded warehouses. Scale of 19 10 125 20 6 140 fees. For protection of American trade- 20 9 142 marks to be drawn up. For mining in Shan-si 40 43 305 For mining in Ho-nan 320 For trade on the Yangtze River . . . 44 324 Yangtze customs and port 44 io' 327 For compensation to miners for in- f 40 \ 43 I 45 12 12 11 307 322 330 juries, working hours, et<;. Concerning foreign loans for mining and railway purposes. For mines and railways 47 338 48 50 340 For working mines in SsQ-ch'uan . . Explanatory and additional, for mines and mining. 348 54 372 Rules and, for mining 56 380 Revised, for railway construction in China. 57 383 For intercourse between Roman Catholic missionaries and local 64 424 officials. t^e Railway; Rules. ALPHABETICAL INDEX — CHINA. 525 Name. Subject. Num- ber of docu- ment. Article. Page. Behabilitation Belief Beyennei Of Chinese officials put to death for protesting against Boxer move- ment. Stores to have right of way and half rates on Shanghai-Nanking R.R. Of China pledged as security for Boxer indemnity bonds. Of the Whangpoo Conservancy Board. Of British Convention of Mar.l, 1894. Of Japanese treaty of July 21, 1896 . Of treaties of commerce and navi- gation with China demanded by Powers. Agreed to bv China 15 39 15 15 1 6 15 15 18 20 77 1 1,18: 18 18 61 63 44 44 44 6 6 64 64 40 43 45 48 50 50 56 6 2 («) 19 6 (e) Ann. 17 19 26 § 11 11 15 17 19 8 11,14 14 14 68 301 70.71 Beyision 93 12 37 65 72 Of tariff after periods of ten years may be asked. Of United States treaty of 1903 and of tariff. Of Mexican treaty of 1899 114 145 475 Bice Subject to duties "between Burmah and China. Exportation from China forbidden. Chma 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 Yanjrtze River. For river steamers on Yangtze River. Steamers' cai^o. Tea 10 Biota 11,14 113 114 416 422 BiverFaii 4 5 6 Sup. 1 19 325 325 325 Boadi In Japanese settlements to be un- der consul's control. Of Japanese vessels to be captured and punished bv 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 39 Bobberi 36 Boman Catholic xnii- 424 lionariei. 425 Boyalty 6 6 7 20 5,6 15 18 27 306 321 329 Bnlei On output of mines payable to Gov- ernment. On mining operations in Ssii-ch'nan . Of 25 per cent on net profit of min- ing m Ssii-ch'uan to be paid Chi- nese Government, Of 25 per cent on net profits of min- ing to be paid Chmese Govern- ment. To give effect to Japanese treaty of July 21, 1896. 344 349 352 382 38 526 ALPHABETICAL INDEX CHINA. Snles. Bniio-Chinaia Bank . Bait. BamihTii City (Pro- vince of Knang- tnng). Banii Additional, for inland waters steam 18 navigation. Supplementary, to inland steam 18 navigation regulations, July, Sep- tember, 1898. For working mines in Ssii-ch'uan.. 50 See Regulations. Provisions of agreement with, of 9 Sept. 8, 1896, to be adhered to as to extension of railway to Talien- wan. China confirms contract with, on 17 re-establishment of Chinese au- thoritv in Manchuria. Charter of the 31 Organization and capital of the 31 Operations of the 31 Operations of the, in China 31 Purchase of real estate by, in China. 31 General provisions concerning 31 Agreement between, and Chinese 32 Government for construction and management of Chinese Eastern Railway. {See Chinese Eastern Railway.) To form Chinese Eastern Railway 33 Company. At Shanghai, to receive from Belgian 34 Company amount duefor Lu-Han R. R. bonds. To make monthly payments for 34 work on Lu-Han R. K. Makes preliminary agreement for 41 loan and construction of Cheng- ting-Taiyuan R. R. , Makes loan and operating contracts i 41 for Chengting-Taiyuau R. R. Amount of capital of Chengting- 41 Taiyuan R. R. owned by. Option held by, on balance of loan 41 for Chengting-Taiyuan R. R. Issue of railroad bonds by 41 Subject to duties between China 1 and Burmah. Gabelle, pledged by China as se- 15 curity for Boxer indemnity bonds. Increased import duty on foreign 18 foods, not applicable to. in on, abolished, tax in lieu, 18 how collected. OflSces for reporting — Passes, cer- 18 tificates. Japan agrees to same tax on, as 19 other treaty Powers. Collection of mland dues on, not to 20 conflict with provisions of United States treaty. Opened as treaty port Trade between China and Burmah to pass through. Ann. C. Ann. C. 10 Page. 118-120 120 348 52 99 . 207-211 . 207-208 . 208-210 209 210 . 210-211 . 212-214 I 1 18 20 17 21 24 8 6 («. 3) 8,§2 8,§ 6 8,§6 Spec. art. 215 237 239 309 313 315 315 316 10 71 106 108 108 1 122 Ann. 1 146 44 9 10 ALPHABETICAL INDKX CHINA. 527 Name. Seliool . Settlemaxit Bnan-hai-kuan . Bhan-hai-kuan - Kew- ohwang S. S. Sliansi (Provinee of) . . Article. Of practical instruction in railways; to be organized by Board of Commissioners. Of mining, to be established in Shan-si. Of engineering %nd 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 Ssii-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- I tending and for redeeming exist- I ing loans in North China R. R. | Branch lines of, to be built, time | limit. Loan made by, 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 in ]3aymenti». 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- cate. Rights to petroleum i:i, ceded to Peking Syndicate. 46 40 11 Page. 256 266 293 307 332 332 332 333 334 334 334 337 305 305 305 305 528 ALPHABETICAL INDEX-^-CHINA. Name. Bhami (Province of). Slukii-tiing (Proviiioe of). Shantung Railway Co. Subject. Shanghai Shanghai -Hanking Bailway. Mines in, remain under sovereignty of China. Glass works in French concessions in Railways in Mining by Germans in Preferential treatment for Germans in. 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 constructing and operating a line from Tsin-tao to Tsi-nan Fu. To be a German-Chinese company Capital of; Germans and Chmese to be allowed to subscribe. Management of ; president; directs ors. R^^lations 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 b^ (rerman wher- ever possible. 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 1-chou Fu may be asked for to build until 1908. To pay annual contribution for har- bor works of Kiao-chou and ex- penses 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. Japanese may have special settle- ment at. Preliminary agreement for loan for building and operating. Extenpion of, from Pu-kou to Sin- yang to be undertaken l)y British syndicate. Num- ber of docu- ment. 40 41 59 8 8 8 25 48 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 6 Article. 19 13 2,S 1 2,J4 2,J4 Page. 312 403 47 48,49 49 180 3 340 363 i 1 §2 i3 M 4,12 4,J3 5 6, §2 6,12 5,S2 5, J 3^ 6,§5 5,S5 6 7 8 10 11 12 13 Snp. 3 24 363 363 36^ 364 364 364 364 365 366 366 367 367 367 368 368 39 281 285 ALPHABETICAL INDEX — CHINA. 529 Num- Name. Subject. ber of docu- Article. Page. - ment. Shanghai »ir a n k i n g Final agreement for loan, construc- tion, operating of. It cancels 39 286 preliminary one. Amountof 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. R. Loan to be paid in installments; proceeds of sale of bonds; remit- 39 4 289 tance; accounte. 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 39 6 293 constructing and operating rail- 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 oe levied on railroad; all general taxes to be 39 7 295. 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 w^arehouses mav be estab- lished and maintained by oper- ating company. Net profit certificates. Eaais 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 Likin 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- ized. Rights, powers, and discretions not 39 16 300 39 17 300 transferable to other nations ex- cept British and Chinese. No nval railway to be allowed 39 17 300 2793&-04 34 530 ALPHABETICAL INDEX CHINA. Name. Shanghai - IT a n k i n g BaUway. Bhareholden Subject. Page. ShaHihih (in Provinoe of Hn-peh). Bhen-hii (Province of ) 8hin-hing Bhon-ning Pn Bhweli Siver Bi-ngan Pu Biam Biao-hei ihan . BUk Extension of time for loan and con- struction; time limit. Tariff for fares and passengers Troops, ammunition, Chineee gov- ernmental stores, relief stores. Redemption of loan Proceeas of unused bonds; ad- 39 vanoes for work. Unredeemed bonds 39 Price fixed for Shanghai- Woosung 39 R. R. to be paid out of proceeds of loan. Agreement to be sanctionetl by im- 39 p)erial edict. Chinese, in Chino-Cierman Rwy.Co. 8 Chinese, in German mining in 8 Shan-tung. Chinese, in non-Chinese enterprises 18 and (companies; rights, liabilities. British, in Chinese companies 18 British, in Chinese inland-waters 18 steam navigation company, do not entitle to use British flag. Chinese, in Japanese companies, 19 liability of. Chinese courts to enforce fulfill- 19 ment obligations by, in Japanese companies. Japanese, in Chinese companies, 19 liability of, subject to Japanese courts. In Hui-Tung Co. for mining in 50 PsO-ch'uan. Opened as treaty port 2 Special Japanese settlement at 6 French concessions in 59 Port of call on West River 7 Great Britain may station consulat. . 7 British subjects and proteges may reside and trade at. Burmah -China frontier, from, to the Taping River. Burmah- China frontier, fmni, to the Mekong. Extension of railway to, from Ho- 58 nan Fu, to be intrusted to Bel- gian Company. Spheres of influence of Great Britain 5 and France in. France and (ireat Britain reserve 5 right to take action to uphold in dependence of. Mekong from Nam Huok to Chinese 5 frontier, limit between French | and British spheresof influence in. | Railway from to 8in-min-ting, to 27 be built by China herself. Total export duty not to exceed 5 18 per cent ad valorem; how paid. Cocoons, not subject to taxation in i 18 interior. ' 20 21 22 23 24 2, §2,3 2, §4 Ann.C.,5 6, §1 Sup. 1 Spec art. 13 13 2 3 23 8,1 7 8,1 7 301 303 303 303 48 48 103 104 119 122 122 123 348 17 39 403 44 43 43 41 41 399 28 28 28 184 108 108 ALPHABETICAL INDEX CHINA. 531 Num- Name. Subject. ber of docu- ment. Article. Pa«e. Silk 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 18 27 34 39 1 6 6 34 34 34 8, S 7 108 Sin-min-tiiig (or tru) . 8in-7axiff 184 19 24 9 8 18 238 Bmnflrfflinff ....... 285 10 Sooi^t^ d'titnde de On boats hired by Japanese to be punished. Prevention of, atopen 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.) 33 36 232 Chemini da fer en Chine. 19 238 243 Soci^t^ finanoiare et 34 225 indnitrieUe beige en Chine. 8omn Belongs to Great Britain Over zone at Kiao-chou Bay, rights of, ceded and reserved by China. Over leased territory at Port Ar- thur, is reserved by China. Over territory ceded to France at Kuang-chou wan, reserved by China. Great Britain and Russia (ieclare they will nowise infringe on China's. On foreign imports to China, to be charged. Mode of calculating. Chinamay 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 limit of French and British in Siam. The United States and 9 11 27 15 18 5 5 3 8 3 1 1 1 ' 41 45 50 55 188 Speeiflo dntiei Spheree of inflnanoe . . 6 {eS) 8,1 7 1 2 71 108 28 28 5 28 1 5 50 50 59 3 3 3 3 3 29 185-200 Spiritnons liqnori Sitt-oh^Tian (Provinoe of). Trade in, across Burma-China fron- tier not allowed. Commercial advantages to France or Great Britain not to be exclu- sively enjoyed by either. Regulations for working mines in . . Area of, in which foreign raining to be confined. Coal, petroleum, and ore mines in, conceded to French enterprises. Opened to Franco-Annamite trade . Duties on imf)orts to China from Annam to be paid at. Duties on Chinese goods in transit through. Duties on Chinese exports from 11 4 11 29 348 Ssii-mao (in Province of Yiln-nan). 8 7 3 3 4,§ 2 350 403 22 22 22 22 532 ALPHABETICAL INDEX CHINA. Name. Stamp tax . Subjects Subject. If instituted, to be i>aid by Shanghai- Nanking R. R. French and prot^g^s may reside at Sstl-mao. Of China and Japan to enjoy full protection for person and prop- erty in respective countries. Chinese in Japan tinder Japanese jurisdiction. Japanese in China; their residen- tial, trading, and other rights. Of China employed by Japanese in China. Of Japan in China, jurisdiction over. Chinese, shareholders in non-Chi- nese enterprises, rights, and lia- bilities. And officers of China in Japan to nave most favorable treatment compatible with laws and regu- lations of the Empire. Of Mexico and China to emigrate freely to each other's country. Of Mexico and China exempt from military service, forced loans, war contributions, charges, requi- sitions, etc. Opened as treaty port Sn-elioii (in Province of Kiang-in). Steam navigation for Japanese ves- pt'ls from Shanghai to. Japanese settlement at Hang-chou R. R Sngiyama Murder of Mr., at Peking Honorable reparation due Japan for murder of. ; Mission from China to Japan to I express regret for murder of. Surrender Of Cninese and Japanese offenders and absconding debtors in China. Of Mexican and Chinese criminals in each other's country. Of Chinese offenders on Korean vessels or premises in China. Surtax On foreign imports and on Chinese produce exported abroad or coastwise. Chinese native produce transported I in the interior to pay export. Additional special, of one-half ex- port duty leviable on exported goods or coastwise. Rebate of two-thirds of, on raw cotr ton imported. Funds to l)e used for compensation lor illegal taxation, etc. Allocation of portion of, to the provinces, to compensate for loss ny abolition of likin. Japan agrees to pay same, as agreed to by all treaty rowers. 39 3 6 6 6 6 6 18 19 77 77 2 2 6 15 15 15 6 77 69 18 18 18 18 18 18 19 Article. Pa«e. 7 295 3 22 1 30 3 31 4-7 31-32 7 32 20 4 36 103 5 10 6,§ 1 6,J 2 Sup. 1 §3 §4 (3) 3 24 14 6,2 8 8,S 3 8,§ 7 8,§ 9 8,§ 11 125 470 471 17 17 39 304 (m) 63 64 68 37 473 437 105 107 108 109 109 Ann. B ,116-118 1 121 ALPHABETICAL INDEX — CHINA. 533 Name. Surtax. Subject. Ta-Tung Company Tai-ynan Fn Takhing Taku Talienwan Taping River . Tariir Ta-tnng Ta-tnng-kon (Province of Bkeng-king. ) Taxei 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 ot 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, re8er^•ed for men-of-war of China andllussia. 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 China raised to 5 per cent effective; conditions. China may recasf 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 6 per cent; notice of change required. Schedule of, duties on imports Rules attached to schedule of 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 China's right to levy such, as do not conflict with treaty rights. 32 6 19 20 Article. Page. 4 137 4 138 4 137-138 4 138 4 139 319 Spec. art. 'f 6 6 44 64 50 51 51 7 51 8 3 51 53 198 2 41 9 10 9 33 6(^3) 71 8,§7 108 Num- ber of docu- ment. 20 20 20 20 20 41 7 15 9 9 9 9 10 28 7 1 6 15 18 18 18 20 20 Ann. 3 147-168 20 168-169 28 186 15 114 15 114 4 138-139 10 214 5 10 32 126 138 534 ALPHABETICAL INDEX CHINA. Name. Taxei Telegraph linei . Territory Text. Tientsin T i e n t ■ i n-Ohinkiang S. B. Subject. Num- ber of docu- ment. Christian converts must pay all, 20 except for support of religious customs contrary to their faith. None to be levied on the Canton- ' 37 Hankow R.R. , its appurtenances, i receipts, etc. Ordinary general, to be paid l)y I 39 Shanghai- Nanking R. R. * i On mining operations in Shan-si. . . ' 40 On mining operations in Ho-nan. .J 43 On coal mines of Nan P'iao ' 45 On precious metals 50 ( )n various products of mines 56 Leviable on Mexican and Chinese 77 in each other's country. Between Burmah and (jhina to be ' 1 connected. Between Annam and China to Ikj ' 3 conne<'ted. On land ofChinese Eastern Rwy . .j 32 And telephone lines along Canton- ' 37 Hankow R. R. \ And telephone lines of Shanghai- " 39 Nanking R. R. only for use of line. Great Britain and Ciermany not to 14 seek to acquire, in China. Great Britain and Germany to agree 14 t>o action in case Powers seeks to acquire, in (-hina. French, of Final Protocol of Sept. 15 7, 1901, authoritative. English, of British treaty, 1902, 18 authoritative. English, of Japanese treaty, 1903, 19 authoritative. English, of notes and dispatches of 20 United States officTals to Chinese, and of Chinese officials to United States officials to l^e authoritative. English, of United States.treaty of 20 1903. authoritative. Englisn, of Mexican treaty of 189 77 authoritative. Japanese may have special settle- 6 ment at. Agreement with Anglo-German 51 Syndicate for loan and construc- tion of. Division of proj)08ed line 51 Rate of interest for loan for 51 Loan for fifty years; repayment ... 51 Yearly payments on account of loan . 51 Chinese Government guarantees 51 loan for. Securities for loan 51 Bonds for loan, how issued 51 Funds raised, how held 51 Supplementary loan, how to be 51 issued. Extension of time for issue loan, 51 when allowable. Article. Page. 14 144 7 268 7 295 6 6 7 6 6 10 306 321 329 350 381 471 16 12 6 23 6 11 213 269 11 297 §2 62 §3 62 12 73 16 114 12 126 1 136 146 18 474 Sup. 3 39 2 4 5,6 7 8 9 10-13 14 15 16 355 355 355 356 356 356 356 357 357 358 358 ALPHABETICAL INDEX — CHINA. 535 Num- Name. Subject. ber of docu- ment. Article. Page. Tientsin-Chinkiang Northern part of road to be built, equipped, and operated by 51 18 358 B, S. Deutach-AsiatischeBank; south- ern part by the British and Chi- nese Corporation. Board of Commissioners for; duties. 51 18.19 358 Railway staff for 51 19 359 Manager and chief engineer for 51 19 359 51 20 359 survey, etc. Likin and duties ujjon merchan- dise and livestock m transit on. 51 21 360 All materials for, from abroad or 51 22 360 China, and all revenues of road to be free of duty and all taxation. Branch lines 51 51 24 25 360 Tariff; transport of Chinese troops, 360 supplies, munitions, at half rates; famme relief supplies at half rates. Control of accounts of 51 51 26 29 360 Working of line, till loan is re- deemed. Annual net revenue, disposal of 361 51 30 361 Differences, how to be settled 51 32 362 Ratification of agreement 51 34 362 Tong-hing (in Prov- France may have consul at 3 1 21 ince of Kuang- tting.) Tongking China decldV'es she will not alien- 24 178 ate any territory bordering on. Right to build railroad from, to Yiin-nan Fu conceded France. 36 250 Tonnage dnei Japanese vessels to pay in open ports of China; amount; exemp- tions. 6 15,17 35 Payable by cargo boats with duti- 6 15 35 able cargo. At Kuang-chou-wan, may be levied by France. Leviable on junks and boata 11 5 56 18 8,S 3 107 Drawback certificate not legal ten- 20 8 141 der for payment of. Towi Of steamers under inland waters navigation rules; crews; registry. 18 Ann. C. 9 120 trade Free between Burmah and China. . Exceptions to above 8 8 10 10 Route between China and Bunnah. 9 10 Munitions of war forbidden 10 10 Forbidden trade 11 6 11 And frontier intercourse to be regu- 16 i lated by convention between China and Japan. Between Annam and China 3 3 22 Asprovided forby France and China 3 7 23 at Lung-chou, Ho-k'ou, M6ng- tse, Ssii-mao and Annam, not to extend beyond localities named. Advantages secured to in SsA- 5 4 29 ch'uan or YCln-nan by France or Great Britain to be enjoyeii by both. 536 ALPHABETICAL INDEX CHINA. Name. Trade Trade-iiiarki. Trade routes. Tranifer Traneit duties Subject. Of Japanese in China subject to most-favored-nation treatment. New routes to aid, between Bur- mah and China, to be opened. Momein and Shun-ning Fu open to British subjects and prot^j^^s for. Ports for, nqt to he opened on coast e.ast and west of neutral zone in Liao-tung Peninsula. In morphia, to be prohibited Americans have rights, in all locali- ties open in Chma under most- favored-nation treatment. On the Yangtze River; r^ulations for. Mexicans and Chinese to have in each other's country most-fa- vored-nation treatment as to. No restriction or prohibition of, be- tween Mexico and China, except when general, or for sanitary reasons, or war. Coasting, of Mexico and China lim- ited to national vessels; excep- tions. British, to be protected, registra- tion of. Japanese, to be protected, registra- tion of. Chinese, to be protected iii Japan. . American, to be protected; registra- tion of. Between Bhamo in Burmah and Nam khan, open to British. Between Burmah and China to be by Manwyne and Sansi. Between Annam and China Additional ones between Burmah and China, to be recommended by joint boundary commission. Of British steamer to Chinese Com- pany and Chinese flag for navi- gation in inland waters. Chinese goods passing across An- nam territory to one or other of the four Chinese towns open to trade. Exemption from all, for Japanese trade between treaty ports in China. Drawback certificate not valid ten- der in payment of. Increasea import duty on foreign goods in lieu of. All, throughout China to be abol- ished. To be paid on goods for interior carried on Chinese Eastern Rail- wav. Payable on machinery, materials, 77 77 18 and supplies portation for mining on ini- 11 Ann. 0. 5 472 10 119 4, § 1 I 22 10 i 305 330 ALPHABETICAL INDEX — CHINA. 537 Num- Name. Subject. ber of docu- ment. Article. Pa«e. Traniit p«MMi Granted for ^oods over China-Bur- mah frontier. 1 9 10 Overland trade between Annam 3 4 22 and China. To be issued to Japanese goods 6 11 33 conveyed inland in China. On duty-free articles, amount of 6 11 34 dues. Treaty Of commerce and navigation, to be negotiated between China and 2 6 16 Japan. Wei-hai Wei held by Japan until 2 8 18 exchange of ratification treaty of commerce and navigation. Treaty ports Opened as concession to Japan Opened as concession to France 2 6 { 1 16.17 3 2 22 Japanese trade between, in China 6 10 33 exempt from all taxes, imports, duties. Bonded warehouses at 6 7 14 Spec. art. 34 Opened as concession to Great Bri- 44 tain. Of China; Great Britain and Ger- 14 § 1 62 many to uphold freedom of trade for all at. And open ports, native custom- houses to be maintained at. 18 8 § 1 106 To be opened at request of Great Britain if Art. VIII of treaty, 18 8 § 12 110 1902, becomes operative. Opened at request of Great Britain. 18 8 J 12 110 Opened at request of Japan 19 10 125 Opened at request of United States. 20 12 143 Trial ' Of mixed cases in China / 6 21,22 14,15" 1 36 Troope Of Germany allowed free passage in zone of 50 kilometers around 473 45 Kiao-chou Bay. Of China may be stationed in zone 8 1 45 at Kiao-chou. Of Russia, both naval and land, at 9 4 51 Port Arthur and in leased terri- tory. Of China, in leased territory to 9 4 51 Russia, not allowed. Of China not allowed in neutral 9 • 6 51 zone north of leased territory at Port Arthur. France may put, in leased territory' 11 4 56 at Kuang-chou-wan. British, at and near Wei-hai Wei . . 13 § 3 60 Manchuria to be evacuated by Rus- 17 2 100 sian. Agreement to be made by Rus- 17 S 100 sian and Chinese authorities fix- ing number and disposition of Chinese, in Manchuria. Chinese, in Manchuria after Rus- 17 8 100 sian evacuation; increase of; how done. 538 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber of docu- ment. Article. Page. Troopi On withdrawal of international, 19 10 125 from Chihli and Peking, that city to be opened to residence and trade. Conveyance of Russian, and muni- 32 8 213 tions of war over Chinese East- em Railwav. Of China, and munitions to be car- 32 11 214 ried at half rates on Chinese Eastern Railway. Transportation of Chinese on Lu- Han R. R. Ammunition and Government 34 3 243 37 13,20 256-274 stores to have precedence and half rates on Canton-Hankow R. R. Ammunition and Government 39 19 301 stores, relief stores, to have pre- cedence and half rates on Shang- hai-Nanking R. R. On Peking-Newchwang lines (North China K. R. ) to be carried free. 46 7 334 Munitions and supplies^ at half rates on Tientsin-Chinkiang R. R. 51 25 360 Supplies, etc., to be given right of 57 21 388 way and half rates. Tiin (or Tfing) too... Railway to be built by Shan-tung R. R. Co. from, to Tsi-nan Fu. 52 363 Tii-nanFu Railways to, from Kiao-chou 8 2, § 1 47-48 Shan-tung Rwy. Co., to build line to, from Tsin-tao via Wei-hsien, with branch line to Po-shan. 52 363 Considerations to be given in con- 52 §4 364 structing railway station at. {l2 Tfnng-li'TaMta China asked to reform 15 65 Tranfonned into a Ministry of For- 15 12 73 eign Affairs. See Wai-wu Pu. VoMoU 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 ports of China; rates, exemptions. 6 15 35 Japanese merchant, may seek re- fuge in any port of China. 6 17 35 • Japanese or chartered, at Su-chou, Hang-chou, Shanghai. 6 Sup. 2 39 Chinese, of war and merchant, may 8 3 46 use Bay of Kiao-chou. Of China and Russia only, may use 9 6 51 Port Arthur. At Kuang-chou-wan to l)e treated as 11 5 56 at open ports of China. Of Chma 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 Num- Name. Subject. ber of docu- ment. r 18 jl9 Article. Page. Yeisels Steam, navigating inland waters lia- ble for loss to riparian proprietors. Registered steam; their rights as to Ann.C. 4 Ann. 1. 4 119 127 /18 Ann.C.8 120 inland navigation. i 19 Ann. 1. 8 128 Steam, all Japanese, may navigate / 19 3 122 inland waters of China. I 19 Ann. 2-3 128-130 Allowed to trade on Yangtze River. 44 3 324 Seagoing, on Yangtze River 44 4 325 River steamers, on Yangtze River. . 44 5 325 Power for, on Yangtze River 44 4,5 325 Small craft, chartered or owned by 44 7 326 foreigners on the Yangtze. Trading, on Yangtze must produce papers for inspection when re- quired. Merchant, of Mexico and China, 44 9 326 77 7,11 471-472 rights of. Of Mexico and China, may not be held for military expedition or 77 10 472 any public purpose w^ithout com- pensation. Right of refuge for Mexican and Chinese. Collisions between Mexican and 77 11 472 77 16 474 Chinese. VesseU of war Of China may use Kiao-chou Bay .. 8 3 46 Of China may use Port Arthur and 9 6 51 Talienwan. Of China and France only to use 11 8 57 anchorage at On-pu. Of China only to use Kowloon City. Of China, to continue to use Mirs Bay and Deep Bay. Of Cnina to use leased waters at 12 58 12 59 13 § 4 60 Wei-hai Wei. Mexican and Chinese, in each 77 9 471 other's ports; rights, privileges. Waiehow (in Province May be opened as treaty port 18 8 f 12 110 of Knang-tang). Wai-wn Pu Takes place of Tsung-li Yam^n Impenal edict giving organization of May be opened as treaty port 15 12 73 15 18 Ann. 18 8 § 12 94 110 inoe of 8i1i-ohiian). Wanting Belongs to China 7 3 41 War To cease between China and Japan on exchange of ratifications of treaty. 2 10 18 Agreement between Great Britain 16 6 98 and Japan relative to China and Korea to continue in force be- yond date of expiration in case either is engaged in war. Warehonies Rent or hire in interior of China. .. Bonded, China consents to estab- 2 6 6§3 14 17 34 lishment of, at open ports. Bonded; increased facilities for, at 18 6 104 open ports. And jetties on banks of waterways. 18 Ann.0,13. 118 may be leased by British sub- jects, taxes, etc. 540 ALPHABETICAL INDEX CHINA. Num- Name. Subject. ber of docu- ment. Article. Pa^e. WarelioiiMi BoDded, may be establiflhed at open ports by American citizens; 20 6 140 Water cohtmi r^ulations. At Kiao-chou, r^;ulation of 8 1 45 Shallow, may be closed to launches. 18 Ann. C. 4 119 Watan Adjacent to territory leased to Rus- sia are included. 10 1 53 Seacoast, round Kin-chou not to be 10 4 54 used by Chinese inhabitants. Included in territory leased to 11 2 55 France at Kuang-chou wan. Limit of territorial, agreed to by 77 11 472 Mexico and China. Wei-haiWei Japan to hold, until portion of war mdemnity is paid and treaty of commerce and navigation is ex- 2 8 18 changed. Japanese force to occupy; Chinese 2 Sup. 1 19 contribution to expense. Territory of, to be occupied 2 Sup. 2 19 Civil administration to remain Chi- 2 Sup. 3 19 nese during occupation. Troops of China not to approach 6 Sup. 4 39 within 5 n positions held by Jap- anese at. Leased to Great Britain for so long 13 §1 ao as Port Arthur is leased to Russia. Extent of territory leased to Great Britain 13 §2 eo In zone contiguous to, Great Britain 13 §3 60 may erect fortifications, station troops, etc. Within walled city of, Chinese jur- 13 §4 60 isdiction to continue. Ships of war of China may use 13 § 4 60 leased waters at. Establishment of Great Britain at; • declaration of policy, and con- 26 180 cerning railways from. Uniform standard of, to be adopted by China; to be first used at open ports; settlement of differences resulting from adoption. 19 7 124 Weihsian Railway from Tsin-tao to Tsi-nan 52 363 Fu to pass through. Weit Biver (or 8i Treaty ports opened on 7 Spec, art 44 Kiang). Ports of call on, opened 18 ^ 10 112 Railway line from Pakhoi to Bed of, to be improved 38 16 280 Whangpoo Biver 11 (6J 71 Conservancy Board for improve- ment of, created. Regulations for the improvement 16 73 15 Ann. 17 90 of the course of the. Revenues of the Conservancy Board . 15 Ann. 17 93 Wharfage dues Additional, at Canton, to improve accommodation for shipping. 18 5 104 Wing On (or Tong-an) On West River, made port of call . . . 18 10 112 Woosnng River and canal open to Japanese steam vessels. 2 6 S 2 17 vr y M Port of call 6 39 5 8 32 And Shanghai Rwy., securitv for loan for Shanghai-Nanking R. R. 282 ALPHABETICAL INDEX CHINA. 541 Num- Name. Subject. ber of docu- ment. Article. Pa«e. Woofong Cost of Shanghai- Woosong R. R . . . Price fixed for Shanghai-Woosung 39 13 284 39 23 303 R. R. , to be paid Chinese Railway administration. Wreeki Chinese to rescue passengers from; crew; to secure vessel and cargo; Japanese to render same services Chinese. 6 17 35 Mexican and Chinese, treatment of. 77 11 472 See Vessels. Wiichoii Fu (Province of Kuang-ii.) Opened as treaty port 7 Spec. art. 44 Wn-meli Port of call 6 9 5 8 32 YalnBivor Railway may be extended to sea- 52 coast betw^een Newchwang and. Tangtie Bivor Navigation of upper, open to Japa- nese steam vessels. 2 6 § 2 17 Navigation of upper, by steamer from I-chang to Chung-king to be improved; methods; condi- 18 5 104 tions. Japan granted right to erect ap- 19 2 122 pliances for hauling steamers through rapids in. China declares she will not alienate any portion of territory adjoining. 22 174 Regulations governing trade on the. See Elegulations. 44 324 Ying-tro See Newchwang. Ytl-PongCo Transfers its mming rights in Ho- nan to Peking Syndicate. 43 1 320 To cooperate with Peking Syndi- cate in administration, exploita- 43 3 320 tion, staff, and finances. Yna-Yn Co Agreement between, and French 60 407 Compagnie d' Orient for working mines in Fu-kien. Will establish works, railways, etc., 60 3 408 for Cie d' Orient. Shares of stock and debentures 60 4 408 due it. Assigns its interest for fiftj' years. . . Loan agreement of, and (5ie d' Ori- 60 7 409 60 410 ent. Bureau of Mines of Fu-kien to 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. ^ Ynan-slian (Province of Klang-sn). Coal beds of. ...... 59 5 403 Yneh-Han Kwy Letter concerning preferential right of Belgian company to build. Declaration of Chinese Govern- ment denying preferential right 34 246 34 247 of Belgian company to. American company has no prefer- ential right to Lu Han R. R. 34 247 542 ALPHABETICAL INDEX CHINA. Name. Ttleli-Han Bwy . Subject. Contract between the Chinese Rail- way company and the American* China Development Company for building and operating the. Amount of loan; now to be paid . . . Bonds; interest; to be firpt 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 Employment of Chinese on staff. . . Remuneration for superintendence and service of American-Chinese Development Co. Materials for, how and where to be purchased. Operation of line, staff Debentures for operating company, amount of. Survey of line First-mortgage gold bonds When Chmese Railway Co. may take over line. Guarantee to be given by contract- ing comimny. School of railway instruction Materials for, free of duty 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 . . i Cost of line, etc. , bonds Guarantee for bonds, etc 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 isnue of bonds Staff, selection, duties, salaries Railway to remain Chinese prop- erty. Lands for, how acquired, amount for, etc. Rights-of-way scrip No taxes to be levied on the, or its appurtenance?, receipts, etc. Default in payment of interest, principal, etc. Reversion of line to Chinese Num- ber of docu- ment. Article. 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 I .7 Page. 252 252 252 253 253 254 4 254 11 12 13 254 254 254 255 255 255 10 255 256 266 256 14 , 256 ...., 258 259 1 2 3 4 4 5 5 i 5 5 6 7 , 260 260 260 261 262 262 263 264 264 264 266 266 7 ; 26" 7 268 268 268 ALPHABETICAL INDEX — CHINA. 543 Name. Subject. Ttteh-Han Bwy . Tnet fling (or Tlieh- oh'dng). Tang ki ( or Jnngolii ) . Ttn-nan (ProYince 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 ageni;ies 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 Tariff of fares and freights Troops, munitions, public calamities. Redemption and cancellation of bonds and debentures. Advance made by contracting com- pany. Unredeemed bonds Branch line to Ping-hsiang On West River, made a port of call. On West River, made a port of call . Mining in and near, encourage- ment of. Telegraph lines in, connected with Burmah. French aid may he asked by China for mining in. China repeats willingness to ask French aid for mining in. Capital of, to be connected by rail withAnnam; 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 France. Railway from Lao'kay to capital of, abstract of agreement for build- ing. Num- ber of docu- ment. 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 18 18 1 1 3 3 3 5 7 36 59 Article. 8 9 10 12 13 14 14 15 16 17 17 18 18 18 20 20 21 22 23 25 10 10 12 16 6 12 Pa^. 268 269 270 271 271 272 272 273 273 273 273 273 274 274 274 274 276 276 276 112 112 11 12 23 24 26 29 43 250 9 405 ALPHiiBETIOAL INDEX KOREA. 27938—04 35 545 ALPHABETICAL INDEX-KOREA. Name. AdviBers . Alliance . Conoeiiion Coniular agents. Criminali . Diplomatic agents. Dntiet Subject. Arms Army China Clandestine trade Financial, to Korea not to be rec- 68 ommended by Japan or Russia, except after mutual agreement. Treaty of, with Japan 65 Expulsion of Chinese troops and 65 protection Korean and Japanese mterests is object of treaty of. Treaty of, to cease on conclusion 65 of treaty of peace with China. Protocol of, between Korea and 70 Japan. No separate arrangement to be 70 made while Protocol of, lasts. Munitions, explosives, etc., in China and Korea permitted only to officials. Japan and Russia agree to allow 67 Korea sufficient, to maintain order. Japan agrees to make war on, to 65 insure Korean independence. Promises good offices to Korea if third Power unjust or oppressive. In opium or ginseng Carried on by Chinese or Korean 69 vessels. Carried on by ships of war, pro- 69 hibited. For Uhnsan gold mines 71 For working a tract of 60 by 40 72 Korean 11 for all minerals or pre- cious stones. For rail way from Seoul to Chemul po 73 For railway from Seoul to Fusan. . . 74 For whaling privileges 75 China and Japan may ai>point, in 69 open ports of each other. Privi- leges, rights. Most favored na- tion treatment. Merchant, not allowed '. 69 Chinese and Korean, to be tried ' 69 bv their own authorities. Seekinjj refuge, to be surrendered . . ' 69 Extradition of Chinese and Korean. 69 Chinaand Korea may appoint them I 69 to each other's court. Rights. On merchandise and vessels of 69 China and Korea in each other's territory. Num- ber of docu- ment. ArUcle. II 4^9 I 429 III 429 441 V 441 IX 438 II II I IX X XIII II II v,i V,2 III Ptige. 433 432 429 4M 439 439 440 445 447 450 454 457 434 435 437 437 437 434 435 547 548 ALPHABETICAL INDEX KOREA. Name. Duties . Sztraditioii Extra-territoriallty FinanoeB Fraud Frontier Oendarmei . . Ginieng Good offloes.. Guards Houiei Independence Instrnoton . Interesti . . . Payable on goods sold by men-of- war. Materials imported for Uhnsan gold mines freed of. ' Materials imported for Bum-Mur- doch and Hav mining conces- sion free of. Products of mine« free export duty. Materials imported for Seoul- Chemulpo R. R. free of. Machinery, plants, tools, instru- ments, etc., for use of Seoul- Fusan R. R., free of all. Machinery, materials, including salt and coal for whaling sta- tions, free of. Of Chinese and Korean offemiers agreed to. Right of, China and Korea agree to relinouish. Japan ana Russia agree to advise reform of Korean. In commercial dealings; offenders to be arrested. Trade between China and Korea, tariff and rules for, to be agreed upon. Reclaimed land along Chinese- Korean. Migration across China-Korea, prohibited. Mart, to \ye agreed upon by China and Korea. Japanese, for protection of tele- graph line, Fusan-Seoul. Purchase or export of red, from Ko- rea forbidden. China and Korea pledge each other, in case third Power unjust or op- pressive. Japanese, for protection of tele- graph lines. Russian, for protection of legation and consulates. Lease or purchase of, in and with- out foreign settlements. Recognized by China Recognized by Gre&t Britain and Japan. France and Russia declare that basis of their policy is Korean. Japan to make war on China to insure Korean. Entire, and sovereignty, recognized definitely by Japan and Russia. And territorial integrity of Korea guaranteed by Japan. Russia pledges itself not to interfere in choice of military, without Japan. i Of Japan in Korea 69 71 72 73 74 69 69 67 69 69 69 69 69 66 66 66 69 2 16 30 65 (58 70 68 16 XIII 440 14 446 VIII 448 V,3 V,4 I VII XII XII III IX I III IV IV, 2, 3 1 1 II I III II 451 455 16 I 462 437 437 432 438 439 XII I 439 XII 440 440 430 439 434 430 431 436 14 97 203 429 433 441 433 97 ALPHABETICAL INDEX — KOREA. 549 Name. Intoresti . Interference . Intervention. Jnriidiotion . Xing of Korea . Korean Development Co. Laboreri Land Subject. 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 (Jreat Britain or Japan ; when it may take place. Japan |)romise8, if Korea or the unperial house is endangered. Right conceded Japan to occupy places for strategic purposes in case of. Over Chinese and Koreans in eat^h other's country. In mixed cases, settled by nation- ality of defendant When extraterritorial, shall ceane between China and Korea. Over Korean subjects employed by Russia in whaling stations. Japanese and RuHsian representa- tives to advise, to return to Palace. To be advised to appoint liberal and moderate ministers. To be advised to be clement to his subiects. And his house guaranteed peace and repose by Japan. (See TThnsan gold mines. ) Korean, 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 wxrk. 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. Num- ber of docu- ment. 16 16 16 68 68 68 16 70 70 69 69 69 75 66 66 66 70 73 73 73, 74 74 75 69 Article. Page. 1 4 97 97 5 97 III 433 I 433 II 433 1 97 IV IV V v,i V,4 6 I II II II XII VI VI VI VI 6 IV, 1,2 IV, 3 IV, 3 IV, 5 IV, 5 441 441 437 437 437 459 430 430 430 441 448 451 451 451,455 455 458 436 436 436 436 436 550 ALPHABETICAL INDEX KOREA. Name. Land Loans Maili Minei MiniiterB Mixed oaies Mof t-favored nation . Subject. Num- ber of docu- ment. Beclaimed, along frontier of China and Korea. Japan and Russia agree to assist Korea in case it needs foreign. Of Korean Government to be car- ried free over Seoul-Chemulpo Railroad. And mail carriers transported free on Seoul-Fusan Railroad. Decree and agreement for working the Uhnsan gold. Contract and concession for operat- ing mines with Bum-Murdoch and John A. Hay. Contractors may select place. Area to be 60 by 40 Korean li. May work all kinds of, inside area . Work to begin within two years. One month's notice of beginning of work to be given. Concessions for seventy-five years. . Other concessions for, may be granted while this one is being located. Districts in which claim can not be taken up. Machinery, tools, etc. , to be bought by contractors. Preference to be given Korean products. Korean Government not responsi- ble for debts. Contractors may erect buildings and make roads. To pay for all land. Mines and property of contractors free from taxes. Material im- ported free of duties. Products free of export duties. Purchase of private property. Tombs. Royalty of 25 per cent to Korean Government to be paid semi-an- nually. Cost of machinery not to be included in expenses. Korean deputy at mines to watch over Government' s interests. No right to interfere in working. Korean coolies and workmen to be 90 per cent of force. Foreigners at, to be protected and to have passports. Contract forfeited if work not car; ried on regularly, except in case force majeure. Modifications to contract See Uhnsan gold mines. Japanese and Russian representa- tives to advise King as to cabinet. To be tried by officials of nation- ality of defendant. Treatment for Chinese and Ko- rean diplomatic and consular officers, merchants, subjects, in China and Korea. 67 73 74 71 72 72 72 72 72 72 72 72 72 72 72 72 72 72 .72 72 72 66 Article. II III IV V VI VI VII VIII IX X XI XII XIII XIV XV II v,i II, III Page. 439 432 450 454 445 447 447 447 447 447 447 448 448 448 448 448 448 448 448 448 449 449 430 437 434,435 ALPHABETICAL INDEX — KOKEA. 551 Name. Most-favored nation . Open porta Opium . . . Pasiporti Subject. Permits... PoUoe ... Bailways Beform .. Bioe.... Boyalty. Beonl-Chemiilpo Bail- way. Treatment as to lease or purchase of land, houses, etc. Chinese and Koreans at Risht to reside, rent premises, lease knd, erect warehouses, at. Building of houses at Taxes at General foreign settlements at Trade between Importation of, into Koreaf orbidden . For Chinese and Koreans in each other's country. For officers and crews of warships. . For foreign employees at mines For importation of 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. . I Export of, and of grain from China; I prohibition of. Of 25 per cent on profits of Bum- 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. Importation of f orei^ 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. Num- ber of docu- ment. Article. 69 72 67 67 70 69 72 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 Pa^e. I I VI X II III III ! 2 III i 2 III § 3 III ! 3 IV V V 436 435 436 436 436 436 436 439 438 440 448 438 II 432 432 441 438 448 450 450 450 450 450 451 451 451 451 451 VI 451 VI 451 VII 451 VIII 462 IX , 452 X XI 452 452 552 ALPHABETICAL INDEX — KOBEA. Num- Name. Subject. ber of docu- Article. Page. ment. Seoiil-Chemiilpo Ball- No concession for another line be- 73 XII 453 way. tween Seoul and Chemulpo to be granted. Beonl-Tuf an Hallway. Agreement to construct and operate. Japanese company to construct a railway, build 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, troop.M, munitions, etc., free 74 III 454 on. Grades; crossings 74 III 455 Stations on ; lo(!ation of 74 74 IV V 455 Machinery, tools, etc., and lands 455 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 forei^ contract labor- ers. Registration at customs. Korean timber to be used on 74 VI 456 Company to be organized. Rights 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. Dinputes; 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 joint unorts 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 rignts of way. Foreigners employed at, passports, protection. Natives employed at, study of min- ing by. Capital stock of company, by whom raised. Page. 71 73 74 75 66 67 67 67 66 66 73 74 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 J2 III 1 2 3 5,6 8 8 9,10 436 446 461 455 463 430 432 432 432 436 436 438 438 438 438 439 439 439 431 431 460 464 445 445 446 446 445 445 445 445 554 ALPHABETICAL INDEX — KOBEA. Num- Name. Subject. ber of docu- ment. Article. Page. mmaan Gold Mines. . . King of Korea to receive 25 per cent of paid-up eharee. Profits of company, how to be 71 11 446 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 Kin^ of Korea may have represent- 71 17 446 ative at, to inspect books, etc. Graves not to be opened or removed . Concession void if work not begun 71 18 446 71 19 446 within one year. YeiMli Of China and Korea to have most- favored-nation treatment in each others ports. 69 III 435 Ports of refuge for Chinese and 69 X 439 Korean. Carrying on clandestine trade Wrecked; their cargoes, crews 69 X 439 69 X 439 Of war, of China and Korea, trade 69 XIII 440 by in each others ports, etc. Employed in whaling by Russia, to pay tonnage dues at Y uen-san, etc. Right to erect, at treaty ports 75 19 463 WanhoniM 69 rv^ 436 Whaling Concession of, privileges; three . places near seashore to be set apart; location; size. 75 1 457 Delimitation of stations; maps 75 2 457 Purchase of private lands at sta- 75 3 457 tions. Rights on stations; buildings, etc.. Laborers, native and foreign; limi- 75 4 458 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 openingany port to trade. Compensation in case of cancella- 75 9 459 tion of concession. Rental for; removal of stations 75 9 460 Concession for 12 years; buildings •75 10 460 and structures become property of Korea. Rental; 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. 17 Page. Whalinr Provisions and stores for workmen to be bought in Korea; to pay 75 463 duties when landed. May not take "whales in Korean 75 18 463 waters. Veeselfl employed; tonnage dues; 75 19 463 tax on each whale brought into Korean waters to be worked at stations.