The Fight for the Republic in China

DOCUMENTS IN GROUP III

(1) The Russo-Chinese agreement of 5th November, 1913, which affirmed the autonomy of Outer Mongolia.

(2) The Russo-Chinese-Mongolian tripartite agreement of the 7th June, 1915, ratifying the agreement of the 5th November, 1913.

(3) The Chino-Japanese Treaties and annexes of the 25th May, 1915, in settlement of the Twenty-one Demands of the 18th January, 1915.

THE RUSSO-CHINESE AGREEMENT REGARDING OUTER MONGOLIA

(Translation from the official French Text)

DECLARATION

The Imperial Russian Government having formulated the principles on which its relations with China on the subject of Outer Mongolia should be based; and the Government of the Republic of China having signified its approval of the aforesaid principles, the two Governments have come to the following agreement:

Article I. Russia recognizes that Outer Mongolia is placed under the suzerainty of China.

Art. II. China recognizes the autonomy of Outer Mongolia.

Art. III. Similarly, recognizing the exclusive right of the Mongols of Outer Mongolia to carry on the internal administration of autonomous Mongolia and to regulate all commercial and industrial questions affecting that country, China undertakes not to interfere in these matters, nor to dispatch troops to Outer Mongolia nor to appoint any civil or military officer nor to carry out any colonization scheme in this region. It is nevertheless understood that an envoy of the Chinese Government may reside at Urga and be accompanied by the necessary staff as well as an armed escort. In addition the Chinese Government may, in case of necessity, maintain her agents for the protection of the interests of her citizens at certain points in Outer Mongolia to be agreed upon during the exchange of views provided for in Article V of this agreement. Russia on her part undertakes not to quarter troops in Outer Mongolia, excepting Consular Guards, nor to interfere in any question affecting the administration of the country and will likewise abstain from all colonization.

Art. V. Questions affecting the interests of Russia and China in Outer Mongolia which have been created by the new conditions of affairs in that country shall be discussed at subsequent meetings. In witness whereof the undersigned, duly authorized to that effect, have signed and sealed the Present Declaration. Done in Duplicate in Peking on the 5th November, 1913, corresponding to the 5th Day of the 11th Month of the Second Year of the Republic of China.

(Signed) B. KRUPENSKY.

(Signed) SUN PAO CHI.

ADDENDUM

In signing the Declaration of to-day's date covering Outer Mongolia, the undersigned Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of all the Russias, duly authorized to that effect, has the honour to declare in the name of his Government to His Excellency Monsieur Sun Pao Chi, Minister of Foreign Affairs of the Republic of China as follows:

I. Russia recognizes that the territory of Outer Mongolia forms part of the territory of China.

II. In all questions affecting matters of a political or territorial nature, the Chinese Government will come to an understanding with the Russian Government by means of negotiations at which the authorities of Outer Mongolia shall take part.

III. The discussions which have been provided for in Article V of the Declaration shall take place between the three contracting parties at a place to be designated by them for that purpose for the meeting of their delegates.

IV. Autonomous Outer Mongolia comprises the regions hitherto under the jurisdiction of the Chinese Amban of Urga, the Tartar General of Uliasoutai and the Chinese Amban of Kobdo. In view of the fact that there are no detailed maps of Mongolia, and that the boundaries of the administrative divisions of this country are ill-defined, it is hereby agreed that the precise boundaries of Outer Mongolia, as well as the delimitation of the district of Kobdo and the district of Altai, shall be the subject of subsequent negotiations as provided for by Article V of the Declaration.

The undersigned seizes the present occasion to renew to His Excellency Sun Pao Chi the assurance of his highest consideration.

(Signed) B. KRUPENSKY.

I. Russia recognizes that the territory of Outer Mongolia forms part of the territory of China.

II. In all questions affecting matters of a political or territorial nature, the Chinese Government will come to an understanding with the Russian Government by means of negotiations at which the authorities of Outer Mongolia shall take part.

III. The discussions which have been provided for in Article V of the Declaration shall take place between the three contracting parties at a place to be designated by them for that purpose for the meeting of their delegates.

IV. Autonomous Outer Mongolia comprises the regions hitherto under the jurisdiction of the Chinese Amban of Urga, the Tartar General of Uliasoutai and the Chinese Amban of Kobdo. In view of the fact that there are no detailed maps of Mongolia, and that the boundaries of the administrative divisions of this country are ill-defined, it is hereby agreed that the precise boundaries of Outer Mongolia, as well as the delimitation of the district of Kobdo and the district of Altai, shall be the subject of subsequent negotiations as provided for by Article V of the Declaration.

The Undersigned seizes the present occasion to renew to His Excellency Monsieur Krupensky the assurance of his highest consideration.

(Signed) SUN PAO CHI.

SINO-RUSSO MONGOLIAN AGREEMENT

(Translation from the French)

The President of the Republic of China, His Imperial Majesty the Emperor of all Russias, and His Holiness the Bogdo Djembzoun Damba Khoutoukhtou Khan of Outer Mongolia, animated by a sincere desire to settle by mutual agreement various questions created by a new state of things in Outer Mongolia, have named for that purpose their Plenipotentiary Delegates, that is to say:

The President of the Republic of China, General Py-Koue-Fang and Monsieur Tcheng-Loh, Envoy Extraordinary and Minister Plenipotentiary of China to Mexico;

His Imperial Majesty the Emperor of all Russias, His Councillor of State, Alexandre Miller, Diplomatic Agent and Consul-General in Mongolia; and His Holiness the Bogdo Djembzoun Damba Khoutoukhtou Khan of Outer Mongolia, Erdeni Djonan Beise Shirnin Damdin, Vice-Chief of Justice, and Touchetou Tsing Wang Tchakdourjab, Chief of Finance, who having verified their respective full powers found in good and due form, have agreed upon the following:

Art. 2. Outer Mongolia recognizes China's suzerainty. China and Russia recognize the autonomy of Outer Mongolia forming part of Chinese territory.

Art. 3. Autonomous Mongolia has no right to conclude international treaties with foreign powers respecting political and territorial questions.

As respects questions of a political and territorial nature in Outer Mongolia, the Chinese Government engages to conform to Article II of the Note exchanged between China and Russia on the fifth day of the eleventh month of the second year of the Republic of China, 23rd October, 1913.

Art. 4. The title: "Bogdo Djembzonn Damba Khoutoukhtou Khan of Outer Mongolia" is conferred by the President of the Republic of China. The calendar of the Republic as well as the Mongol calendar of cyclical signs are to be used in official documents.

Art. 5. China and Russia, conformably to Article 2 and 3 of the Sino-Russian Declaration of the fifth day of the eleventh month of the second year of the Republic of China, 23rd October, 1913, recognize the exclusive right of the autonomous government of Outer Mongolia to attend to all the affairs of its internal administration and to conclude with foreign powers international treaties and agreements respecting questions of a commercial and industrial nature concerning autonomous Mongolia.

Art. 6. Conformably to the same Article III of the Declaration, China and Russia engage not to interfere in the system of autonomous internal administration existing in Outer Mongolia.

Art. 7. The military escort of the Chinese Dignitary at Urga provided for by Article III of the above-mentioned Declaration is not to exceed two hundred men. The military escorts of his assistants at Ouliassoutai, at Kobdo, and at the Mongolian-Kiachta are not to exceed fifty men each. If, by agreement with the autonomous government of Outer Mongolia, assistants of the Chinese Dignitary are appointed in other localities of Outer Mongolia, their military escorts are not to exceed fifty men each.

Art. 8. The Imperial Government of Russia is not to send more than one hundred and fifty men as consular guard for its representative at Urga. The military escorts of the Imperial consulates and vice-consulates of Russia, which have already been established or which may be established by agreement with the autonomous government of Outer Mongolia, in other localities of Outer Mongolia, are not to exceed fifty men each.

Art. 9. On all ceremonial or official occasions the first place of honour is due to the Chinese Dignitary. He has the right, if necessary, to present himself in private audience with His Holiness Bogdo Djembzoun Damba Khoutoukhtou Khan of Outer Mongolia. The Imperial Representative of Russia enjoys the same right of private audience.

Art. 11. Conformably to Article IV of the Note exchanged between China and Russia on the fifth day of the eleventh month of the second year of the Republic of China (23rd October, 1915), the territory of autonomous Outer Mongolia comprises the regions which were under the jurisdiction of the Chinese Amban at Ourga, or the Tartar-General at Ouliassoutai and of the Chinese Amban at Kobdo; and connects with the boundary of China by the limits of the banners of the four aimaks of Khalkha and of the district of Kobdo, bounded by the district of Houloun-Bourie on the east, by Inner Mongolia on the south, by the Province of Sinkiang on the southwest, and by the districts of Altai on the West.

The formal delimitation between China and autonomous Mongolia is to be carried out by a special commission of delegates of China, Russia and autonomous Outer Mongolia, which shall set itself to the work of delimitation within a period of two years from the date of signature of the present Agreement.

Art. 12. It is understood that customs duties are not to be established for goods of whatever origin they may be, imported by Chinese merchants into autonomous Outer Mongolia. Nevertheless, Chinese merchants shall pay all the taxes on internal trade which have been established in autonomous Outer Mongolia and which may be established therein in the future, payable by the Mongols of autonomous Outer Mongolia. Similarly the merchants of autonomous Outer Mongolia, when importing any kind of goods of local production into "Inner China," shall pay all the taxes on trade which have been established in "Inner China" and which may be established therein in the future, payable by Chinese merchants. Goods of foreign origin imported from autonomous Outer Mongolia into "Inner China" shall be subject to the customs duties stipulated in the regulations for land trade of the seventh year of the reign of Kouang-Hsu (1881).

Art. 13. Civil and criminal actions arising between Chinese subjects residing in autonomous Outer Mongolia are to be examined and adjudicated by the Chinese Dignitary at Urga and by his assistants in the other localities of autonomous Outer Mongolia.

Art. 15. Civil and criminal actions arising between Mongols of autonomous Outer Mongolia and Russian subjects residing therein are to be examined and decided conformably to the stipulations of Article XVI of the Russo-Mongolian Commercial protocol of 21st October, 1912.

Art. 16. All civil and criminal actions arising between Chinese and Russian subjects in autonomous Outer Mongolia are to be examined and decided in the following manner: in an action wherein the claimant or the complainant is a Russian subject and the defendant or accused is a Chinese subject, the Russian Consul personally or through his delegate participates in the judicial trial, enjoying the same right as the Chinese Dignitary at Urga or his delegate or his assistants in the other localities of autonomous Outer Mongolia. The Russian Consul or his delegate proceeds to the hearing of the claimant and the Russian witnesses in the court in session, and interrogates the defendant and the Chinese witnesses through the medium of the Chinese Dignitary at Urga or his delegates or of his assistants in the other localities of autonomous Outer Mongolia; the Russian Consul or his delegate examines the evidence presented, demands security for "revindication" and has recourse to the opinion of experts, if he considers such expert opinion necessary for the elucidation of the rights of the parties, etc.; he takes part in deciding and in the drafting of the judgment, which he signs with the Chinese Dignitary at Urga or his delegates or his assistants in the other localities of Autonomous Outer Mongolia. The execution of the judgment constitutes a duty of the Chinese authorities.

The Chinese Dignitary at Urga and his Assistants in the other localities of autonomous Outer Mongolia may likewise personally or through their delegates be present at the hearing of an action in the Consulates of Russia wherein the defendant or the accused is a Russian subject and the claimant or the complainant is a Chinese subject. The execution of the judgment constitutes a duty of the Russian authorities.

Art. 17. Since a section of the Kiachta-Urga-Kalgan telegraph line lies in the territory of autonomous Outer Mongolia, it is agreed that the said section of the said telegraph line constitutes the complete property of the Autonomous Government of Outer Mongolia. The details respecting the establishment on the borders of that country and Inner Mongolia of a station to be administered by Chinese and Mongolian employés for the transmission of telegrams, as well as the questions of the tariff for telegrams transmitted and of the apportionment of the receipts, etc., are to be examined and settled by a special commission of technical delegates of China, Russia and Autonomous Outer Mongolia.

Art. 18. The Chinese postal institutions at Urga and Mongolian Kiachta remain in force on the old basis.

Art. 20. The Chinese Dignitary at Urga and his assistants in the other localities of autonomous Outer Mongolia and also their staff are to enjoy the right to use the courier stations of the autonomous Mongolian Government conformably to the stipulations of Article XI of the Russo-Mongolian Protocol of 21st October, 1912.

Art. 21. The stipulations of the Sino-Russian declaration and the Notes exchanged between China and Russia of the 5th day of the 11th month of the 2nd year of the Republic of China, 23rd October, 1913, as well as those of the Russo-Mongolian Commercial Protocol of the 21st October, 1912, remain in full force.

Art. 22. The present Agreement, drawn up in triplicate in Chinese, Russian, Mongolian and French languages, comes into force from the day of its signature. Of the four texts which have been duly compared and found to agree, the French text shall be authoritative in the interpretation of the Present Agreement.

Done at Kiachta the 7th day of the Sixth Month of the Fourth year of the Republic of China, corresponding to the Twenty-fifth of May, Seventh of June, One Thousand Nine Hundred Fifteen.

CHINO-JAPANESE TREATIES AND ANNEXES

COMPLETE ENGLISH TEXT OF THE DOCUMENTS

The following is an authoritative translation of the two Treaties and thirteen Notes exchanged between His Excellency the President of the Republic of China and His Majesty the Emperor of Japan through their respective plenipotentiaries:

TREATY RESPECTING THE PROVINCE OF SHANTUNG

His Excellency the President of the Republic of China and His Majesty the Emperor of Japan, having resolved to conclude a Treaty with a view to the maintenance of general peace in the Extreme East and the further strengthening of the relations of friendship and good neighbourhood now existing between the two nations, have for that purpose named as their Plenipotentiaries, that is to say:

His Excellency the President of the Republic of China, Lou Tseng-tsiang, Chung-ching, First Class Chia Ho Decoration, Minister of Foreign Affairs.

Who, after having communicated to each other their full powers and found them to be in good and due form, have agreed upon and concluded the following Articles:—

Article 1. The Chinese Government agrees to give full assent to all matters upon which the Japanese Government may hereafter agree with the German Government relating to the disposition of all rights, interests and concessions which Germany, by virtue of treaties or otherwise, possesses in relation to the Province of Shantung.

Art. 2. The Chinese Government agrees that as regards the railway to be built by China herself from Chefoo or Lungkow to connect with the Kiaochow-Tsinanfu railway, if Germany abandons the privilege of financing the Chefoo-Weihsien line, China will approach Japanese capitalists to negotiate for a loan.

Art. 3. The Chinese Government agrees in the interest of trade and for the residence of foreigners, to open by China herself as soon as possible certain suitable places in the Province of Shantung as Commercial Ports.

Art. 4. The present treaty shall come into force on the day of its signature.

The present treaty shall be ratified by His Excellency the President of the Republic of China and His Majesty the Emperor of Japan, and the ratification thereof shall be exchanged at Tokio as soon as possible.

In witness whereof the respective Plenipotentiaries of the High Contracting Parties have signed and sealed the present Treaty, two copies in the Chinese language and two in Japanese.

Done at Peking this twenty-fifth day of the fifth month of the fourth year of the Republic of China, corresponding to the same day of the same month of the fourth year of Taisho.

EXCHANGE OF NOTES RESPECTING SHANTUNG

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre.

In the name of the Chinese Government I have the honour to make the following declaration to your Government:—"Within the Province of Shantung or along its coast no territory or island will be leased or ceded to any foreign Power under any pretext."

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date in which you made the following declaration in the name of the Chinese Government:—"Within the Province of Shantung or along its coast no territory or island will be leased or ceded to any foreign Power under any pretext."

In reply I beg to state that I have taken note of this declaration.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE OPENING OF PORTS IN SHANTUNG

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre.

I have the honour to state that the places which ought to be opened as Commercial Ports by China herself, as provided in Article 3 of the Treaty respecting the Province of Shantung signed this day, will be selected and the regulations therefor, will be drawn up, by the Chinese Government itself, a decision concerning which will be made after consulting the Minister of Japan.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date in which you stated "that the places which ought to be opened as Commercial Ports by China herself, as provided in Article 3 of the Treaty respecting the province of Shantung signed this day, will be selected and the regulations therefor, will be drawn up by the Chinese Government itself, a decision concerning which will be made after consulting the Minister of Japan."

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE RESTORATION OF THE LEASED TERRITORY OF KIAOCHOW BAY

—Note—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

In the name of my Government I have the honour to make the following declaration to the Chinese Government:—

"When, after the termination of the present war, the leased territory of Kiaochow Bay is completely left to the free disposal of Japan, the Japanese Government will restore the said leased territory to China under the following conditions:—

"1. The whole of Kiaochow Bay to be opened as a Commercial Port.

"2. A concession under the exclusive jurisdiction of Japan to be established at a place designated by the Japanese Government.

"3. If the foreign Powers desire it, an international concession may be established.

"4. As regards the disposal to be made of the buildings and properties of Germany and the conditions and procedure relating thereto, the Japanese Government and the Chinese Government shall arrange the matter by mutual agreement before the restoration."

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of your Excellency's note of this day's date in which you made the following declaration in the name of your Government:—

"When, after the termination of the present war the leased territory of Kiaochow Bay is completely left to the free disposal of Japan, the Japanese Government will restore the said leased territory to China under the following conditions:—

2. A concession under the exclusive jurisdiction of Japan to be established at a place designated by the Japanese Government.

3. If the foreign Powers desire it, an international concession may be established.

4. As regards the disposal to be made of the buildings and properties of Germany and the conditions and procedure relating thereto, the Japanese Government and the Chinese Government shall arrange the matter by mutual agreement before the restoration."

In reply, I beg to state that I have taken note of this declaration.

I avail, etc.,

(Signed) Lou Tseng-tsiang.

His Excellency,
Hioki Eki,
Japanese Minister.

TREATY RESPECTING SOUTH MANCHURIA AND EASTERN INNER MONGOLIA

His Excellency the President of the Republic of China and His Majesty the Emperor of Japan, having resolved to conclude a Treaty with a view to developing their economic relations in South Manchuria and Eastern Inner Mongolia, have for that purpose named as their Plenipotentiaries, that is to say;

His Excellency the President of the Republic of China, Lou Tseng-tsiang, Chung-ching, First Class Chia-ho Decoration, and Minister of Foreign Affairs; And His Majesty the Emperor of Japan, Hioki Eki, Jushii, Second Class of the Imperial Order of the Sacred Treasure, Minister Plenipotentiary and Envoy Extraordinary;

Who, after having communicated to each other their full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles:—

Article 1. The two High Contracting Parties agree that the term of lease of Port Arthur and Dalny and the terms of the South Manchuria Railway and the Antung-Mukden Railway, shall be extended to 99 years.

Art. 2. Japanese subjects in South Manchuria may, by negotiation, lease land necessary for erecting suitable buildings for trade and manufacture or for prosecuting agricultural enterprises.

Art. 3. Japanese subjects shall be free to reside and travel in South Manchuria and to engage in business and manufacture of any kind whatsoever.

Art. 4. In the event of Japanese and Chinese desiring jointly to undertake agricultural enterprises and industries incidental thereto, the Chinese Government may give its permission.

Art. 5. The Japanese subjects referred to in the preceding three articles, besides being required to register with the local Authorities passports which they must procure under the existing regulations, shall also submit to the police laws and ordinances and taxation of China.

When, in future, the judicial system in the said region is completely reformed, all civil and criminal cases concerning Japanese subjects shall be tried and adjudicated entirely by Chinese law courts.

Art. 6. The Chinese Government agrees, in the interest of trade and for the residence of foreigners, to open by China herself, as soon as possible, certain suitable places in Eastern Inner Mongolia as Commercial Ports.

Art. 7. The Chinese Government agrees speedily to make a fundamental revision of the Kirin-Changchun Railway Loan Agreement, taking as a standard the provisions in railway loan agreements made heretofore between China and foreign financiers.

When in future, more advantageous terms than those in existing railway loan agreements are granted to foreign financiers in connection with railway loans, the above agreement shall again be revised in accordance with Japan's wishes.

Art. 8. All existing treaties between China and Japan relating to Manchuria shall, except where otherwise provided for by this Treaty, remain in force.

Art. 9. The present Treaty shall come into force on the date of its signature. The present Treaty shall be ratified by His Excellency the President of the Republic of China and His Majesty the Emperor of Japan, and the ratifications thereof shall be exchanged at Tokio as soon as possible.

In witness whereof the respective Plenipotentiaries of the two High Contracting Parties have signed and sealed the present Treaty, two copies in the Chinese language and two in Japanese.

Done at Peking this twenty-fifth day of the fifth month of the fourth year of the Republic of China, corresponding to the same day of the same month of the fourth year of Taisho.

EXCHANGE OF NOTES

Respecting the Terms of Lease of Port Arthur and Dalny and the Terms of South Manchurian and Antung-Mukden Railways.

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I avail, etc.,

(Signed) Lou Tseng-tsiang.

His Excellency,
Hioki Eki,
Japanese Minister.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date, in which you stated that respecting the provisions contained in Article I of the Treaty relating to South Manchuria and Eastern Inner Mongolia, signed this day, the term of lease of Port Arthur and Dalny shall expire in the 86th year of the Republic or 1997. The date for restoring the South Manchurian Railway to China shall fall due in the 91st year of the Republic or 2002. Article 12 in the original South Manchurian Railway Agreement providing that it may be redeemed by China after 36 years from the day on which the traffic is opened, is hereby cancelled. The term of the Antung-Mukden Railway shall expire in the 96th year of the Republic or 2007.

In reply I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) Hioki Eki.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE OPENING OF PORTS IN EASTERN INNER MONGOLIA

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I avail, etc.,

(Signed) Lou TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date in which you stated "that the places which ought to be opened as Commercial Ports by China herself, as provided in Article 6 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day, will be selected, and the regulations therefor, will be drawn up, by the Chinese Government itself, a decision concerning which will be made after consulting the Minister of Japan."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKO EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

SOUTH MANCHURIA

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I have the honour to state that Japanese subjects shall, as soon as possible, investigate and select mines in the mining areas in South Manchuria specified hereinunder, except those being prospected for or worked, and the Chinese Government will then permit them to prospect or work the same; but before the Mining regulations are definitely settled, the practice at present in force shall be followed. Provinces Fengtien:—

KIRIN (Southern portion)

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of Taisho. Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day respecting the opening of mines in South Manchuria, stating; "Japanese subjects shall, as soon as possible, investigate and select mines in the mining areas in South Manchuria specified hereinunder, except those being prospected for or worked, and the Chinese Government will then permit them to prospect or work the same; but before the Mining regulations are definitely settled, the practice at present in force shall be followed.

1 Provinces Fengtien.

KIRIN (Southern portion)

"I avail, etc.,

(Signed) "HIOKI EKI."

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs of the Republic of China.

EXCHANGE OF NOTES RESPECTING RAILWAYS AND TAXES IN SOUTH MANCHURIA AND EASTERN INNER MONGOLIA

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

In the name of my Government.

I have the honour to make the following declaration to your Government:—

China will hereafter provide funds for building necessary railways in South Manchuria and Eastern Inner Mongolia; if foreign capital is required China may negotiate for a loan with Japanese capitalists first; and further, the Chinese Government, when making a loan in future on the security of the taxes in the above-mentioned places (excluding the salt and customs revenue which has already been pledged by the Chinese Central Government) may negotiate for it with Japanese capitalists first.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date respecting railways and taxes in South Manchuria and Eastern Inner Mongolia in which you stated:

"China will hereafter provide funds for building necessary railways in South Manchuria and Eastern Inner Mongolia; if foreign capital is required China may negotiate for a loan with Japanese capitalists first; and further, the Chinese Government, when making a loan in future on the security of taxes in the above mentioned places (excluding the salt and customs revenue which has already been pledged by the Chinese Central Government) may negotiate for it with Japanese capitalists first."

In reply I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKO EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE EMPLOYMENT OF ADVISERS IN SOUTH MANCHURIA

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

In the name of the Chinese Government, I have the honour to make the following declaration to your Government:—

"Hereafter, if foreign advisers or instructors on political, financial, military or police matters are to be employed in South Manchuria, Japanese may be employed first."

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date in which you made the following declaration in the name of your Government:—

"Hereafter if foreign advisers or instructors in political, financial, military or police matters are to be employed in South Manchuria, Japanese may be employed first."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE EXPLANATION OF "LEASE BY NEGOTIATION" IN SOUTH MANCHURIA

—Note—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date in which you state.

"The term lease by negotiation contained in Article 2 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day shall be understood to imply a long-term lease of not more than thirty years and also the possibility of its unconditional renewal."

In reply I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

EXCHANGE OF NOTES RESPECTING THE ARRANGEMENT FOR POLICE LAWS AND ORDINANCES AND TAXATION IN SOUTH MANCHURIA AND EASTERN INNER MONGOLIA

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I have the honour to state that the Chinese Authorities will notify the Japanese Consul of the police laws and ordinances and the taxation to which Japanese subjects shall submit according to Article 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day so as to come to an understanding with him before their enforcement.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date in which you state:

"The Chinese Authorities will notify the Japanese Consul of the Police laws and ordinances and the taxation to which Japanese subjects shall submit according to Article 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day so as to come to an understanding with him before their enforcement."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I have the honour to state that, inasmuch as preparations have to be made regarding Articles 2, 3, 4 and 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day, the Chinese Government proposes that the operation of the said Articles be postponed for a period of three months beginning from the date of the signing of the said Treaty.

I hope your Government will agree to this proposal.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE MATTER OF HANYEHPING

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I have the honour to state that if in future the Hanyehping Company and the Japanese capitalists agree upon co-operation, the Chinese Government, in view of the intimate relations subsisting between the Japanese capitalists and the said Company, will forthwith give its permission. The Chinese Government further agrees not to confiscate the said Company, nor, without the consent of the Japanese capitalists to convert it into a state enterprise, nor cause it to borrow and use foreign capital other than Japanese.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date in which you state:

"If in future the Hanyehping Company and the Japanese capitalists agree upon co-operation, the Chinese Government, in view of the intimate relations subsisting between the Japanese capitalists and the said Company, will forthwith give its permission. The Chinese Government further agrees not to confiscate the said Company, nor, without the consent of the Japanese capitalists to convert it into a state enterprise, nor cause it to borrow and use foreign capital other than Japanese."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE FUKIEN QUESTION

—Note—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Excellency,

A report has reached me to the effect that the Chinese Government has the intention of permitting foreign nations to establish, on the coast of Fukien Province, dock-yards, coaling stations for military use, naval bases, or to set up other military establishments; and also of borrowing foreign capital for the purpose of setting up the above-mentioned establishments.

I have the honour to request that Your Excellency will be good enough to give me reply stating whether or not the Chinese Government really entertains such an intention.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

—Reply—

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of Your Excellency's note of this day's date which I have noted.

In reply I beg to inform you that the Chinese Government hereby declares that it has given no permission to foreign nations to construct, on the coast of Fukien Province, dock-yards, coaling stations for military use, naval bases, or to set up other military establishments; nor does it entertain an intention of borrowing foreign capital for the purpose of setting up the above-mentioned establishments.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

DOCUMENTS IN GROUP IV

(1) The Draft of the Permanent Constitution completed in May, 1917.

(2) The proposed Provincial System, i.e., the local government law.

(3) Memorandum by the Ministry of Commerce on Tariff Revision, illustrating the anomalies of present trade taxation.

(4) The leading outstanding cases between China and the Foreign Powers.

DRAFT OF THE NATIONAL CONSTITUTION OF CHINA

(As it stood on May 28th, 1917, in its second reading at the Constitutional Conference.)

The Constitutional Conference of the Republic of China, in order to enhance the national dignity, to unite the national dominion, to advance the interest of society and to uphold the sacredness of humanity, hereby adopt the following constitution which shall be promulgated to the whole country, to be universally observed, and handed down unto the end of time.

CHAPTER I. THE FORM OF GOVERNMENT

Article 1. The Republic of China shall for ever be a consolidated Republic.

CHAPTER II. NATIONAL TERRITORY

Art. 2. The National Territory of the Republic of China shall be in accordance with the dominion hithertofore existing.

No change in National Territory and its divisions can be made save in accordance with the law.

CHAPTER ... GOVERNING AUTHORITY

Art ... The power of Government of the Republic of China shall be derived from the entire body of citizens.

CHAPTER III. THE CITIZENS

Art. 3. Those who are of Chinese nationality according to law shall be called the citizens of the Republic of China.

Art. 4. Among the citizens of the Republic of China, there shall be, in the eyes of the law, no racial, class, or religious distinctions, but all shall be equal.

Art. 5. No citizens of the Republic of China shall be arrested, detained, tried, or punished save in accordance with the law. Whoever happens to be detained in custody shall be entitled, on application therefore, to the immediate benefit of the writ of habeas corpus, bringing him before a judicial court of competent jurisdiction for an investigation of the case and appropriate action according to law.

Art. 6. The private habitations of the citizens of the Republic of China shall not be entered or searched except in accordance with the law.

Art. 7. The citizens of the Republic of China shall have the right of secrecy of correspondence, which may not be violated except as provided by law.

Art. 8. The citizens of the Republic of China shall have liberty of choice of residence and of profession which shall be unrestricted except in accordance with law.

Art. 9. The citizens of the Republic of China shall have liberty to call meetings or to organize societies which shall be unrestricted except in accordance with the law.

Art. 10. The citizens of the Republic of China shall have freedom of speech, writing and publication which shall be unrestricted except in accordance with the law.

Art. 11. The citizens of the Republic of China shall be entitled to honour Confucius and shall enjoy freedom of religious belief which shall be unrestricted except in accordance with the law.

Art. 12. The citizens of the Republic of China shall enjoy the inviolable right to the security of their property and any measure to the contrary necessitated by public interest shall be determined by law.

Art. ... The citizens of the Republic of China shall enjoy all other forms of freedom aside from those hithertofore mentioned, provided they are not contrary to the spirit of the Constitution.

Art. 13. The citizens of the Republic of China shall have the right to appeal to the Judicial Courts according to law.

Art. 14. The citizens of the Republic of China shall have the right to submit petitions or make complaints according to law.

Art. 15. The citizens of the Republic of China shall have the right to vote and to be voted for according to law.

Art. 16. The citizens of the Republic of China shall have the right to hold official posts according to law.

Art. 17. The citizens of the Republic of China shall perform the obligation of paying taxes according to law.

Art. 19. The citizens of the Republic of China shall be under the obligation to receive primary education according to law.

CHAPTER IV. THE NATIONAL ASSEMBLY

Art. 20. The legislative power of the Republic of China shall be exercised by the National Assembly exclusively.

Art. 21. The National Assembly shall consist of a Senate and House of Representatives.

Art. 22. The Senate shall be composed of the Senators elected by the highest local legislative assemblies and other electoral bodies.

Art. 23. The House of Representatives shall be composed of the representatives elected by the various electoral districts in proportion to the population.

Art. 24. The members of both Houses shall be elected according to law.

Art. 25. In no case shall one person be a member of both Houses simultaneously.

Art. 26. No member of either House shall hold any official post, civil or military during his term.

Art. 27. The qualifications of the members of either House shall be determined by the respective Houses.

Art. 28. The term of office for a member of the Senate shall be six years. One-third of the members shall retire and new ones be elected every two years.

Art. 29. The term of office for a member of the House of Representatives shall be three years.

Art. 30. Each House shall have a President and a Vice-President who shall be elected from among its members.

Art. 31. The National Assembly shall itself convene, open and close its sessions, but as to extraordinary sessions, they shall be called under one of the following circumstances:

(1) A signed request of more than one-third of the members of each House.

(2) A mandate of the President.

Art. 32. The ordinary sessions of the National Assembly shall begin on the first day of the eighth month in each year.

Art. 33. The period for the ordinary session of the National Assembly shall be four months which may be prolonged, but the prolonged period shall not exceed the length of the ordinary session.

Art. 34. (Eliminated.)

Art. 35. Both Houses shall meet in joint session at the opening and closing of the National Assembly.

If one House suspends its session, the other House shall do likewise during the same period.

Art. 36. The work of the National Assembly shall be conducted in the Houses separately. No bill shall be introduced in both Houses simultaneously.

Art. 37. Unless there be an attendance of over half of the total number of members of either House, no sitting shall be held.

Art. 38. Any subject discussed in either House shall be decided by the votes of the majority of members attending the sitting. The President of each House shall have a deciding vote in case of a tie.

Art. 39. A decision of the National Assembly shall require the decision of both Houses.

Art. 40. The sessions of both Houses shall be held in public, except on request of the government, or decision of the Houses when secret sessions may be held.

Art. 41. Should the House of Representatives consider either the President or the Vice-President of the Republic of China has committed treason, he may be impeached by the decision of a majority of over two-thirds of the members present, there being a quorum of over two-thirds of the total membership of the House.

Art. 42. Should the House of Representatives consider that the Cabinet Ministers have violated the law, an impeachment may be instituted with the approval of over two-thirds of the members present.

Art. 43. The House of Representatives may pass a vote of want of Confidence in the Cabinet Ministers.

Art. 44. The Senate shall try the impeached President, Vice-President and Cabinet Ministers.

With regard to the above-mentioned trial, no judgment of guilt or violation of the law shall be passed without the approval of over two-thirds of the members present.

When a verdict of "Guilty" is pronounced on the President or Vice-President, he shall be deprived of his post, but the infliction of punishment shall be determined by the Supreme Court of Justice.

When the verdict of "Guilty" is pronounced upon a Cabinet Minister, he shall be deprived of his office and may forfeit his public rights. Should the above penalty be insufficient for his offence, he shall be tried by the Judicial Court.

Art. ... Either of the two Houses shall have power to request the government to inquire into any case of delinquency or unlawful act on the part of any official and to punish him accordingly.

Art. 45. Both Houses shall have the right to offer suggestions to the Government.

Art. 46. Both Houses shall receive and consider the petitions of the citizens.

Art. 47. Members of either House may introduce interpellations to the members of the Cabinet and demand their attendance in the House to reply thereto.

Art. 49. No member of either House during session shall be arrested or detained in custody without the permission of his respective House, unless he be arrested in the commission of the offence or act.

When any member of either House has been so arrested, the government should report the cause to his respective House. Such member's House, during session, may with the approval of its members demand for the release of the arrested member and for temporary suspension of the legal proceedings.

Art. 50. The annual allowance and other expenses of the members of both Houses shall be fixed by law.

(CHAPTER V. on Resident Committee of the National Assembly with 4 articles has been eliminated.)

CHAPTER VI. THE PRESIDENT

Art. 55. The administrative power of the Republic of China shall be vested in the President with the assistance of the Cabinet Ministers.

*Art. 56. A person of the Republic of China in the full enjoyment of public rights, of the age of forty years or more, and resident in China for at least ten years, is eligible for election as President.

*Art. 57. The President shall be elected by a Presidential Election Convention, composed of the members of the National Assembly.

For the above election, an attendance of at least two-thirds of the number of electors shall be required, and the voting shall be performed by secret ballot. The person obtaining three-fourths of the total votes cast shall be elected; but should no definite result be obtained after the second ballot, the two candidates obtaining the most votes in the second ballot shall be voted for and the candidate receiving the majority vote shall be elected.

*Art. 58. The period of office of the President shall be five years, and if re-elected, he may hold office for another term.

Three months previous to the expiration of the term, the members of the National Assembly of the Republic shall themselves convene and organize the President Election Convention to elect a President for the next term.

*Art. 59. When the President is being inaugurated, he shall make an oath as follows: "I hereby solemnly swear that I will most faithfully obey the Constitution and discharge the duties of the President."

*Art. 60. Should the post of the President become vacant, the Vice-President shall succeed him until the expiration of the term of office of the President. Should the President be unable to discharge his duties for any cause, the Vice-President shall act for him.

*Art. 61. The President shall be relieved of his office at the expiration of his term of his office. If, at the end of the period, the new President has not been elected, or, having been elected, be unable to assume office and when the Vice-President is also unable to act as President, the Cabinet shall officiate for the President.

*Art. 62. The election of the Vice-President shall be in accordance with the regulations fixed for the election of the President; and the election of the Vice-President shall take place simultaneously with the election of the President. Should the post of the Vice-President become vacant, a new Vice-President shall be elected.

Art. 63. The President shall promulgate all laws and supervise and secure their enforcement.