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TREATY OF
PEACE
His Majesty the
Emperor of Japan and His Majesty the Emperor of China, 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 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.
And 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 Chili,
and Earl of the First Rank; and LI Ching-fong, Ex-Minister of
the Diplomatic Service, of the Second Official Rank:
Who, after having
exchanged their full powers, which were found to be in good and
proper form, have agreed to the following Articles:—
Article
1
China recognises
definitively the full and complete independence and autonomy of
Korea, and, in consequence, the payment of tribute and the
performance of ceremonies and formalities by Korea to China, in
derogation of such independence and autonomy, shall wholly cease for
the future.
Article
2
China cedes to Japan
in perpetuity and full sovereignty the following territories,
together with all fortifications, arsenals, and public property
thereon:—
(a) The
southern portion of the province of Fêngtien within the following
boundaries [1]:
The line of
demarcation begins at the mouth of the River Yalu and ascends that
stream to the mouth of the River An-ping, from thence the line runs
to Fêng-huang, from thence to Hai-cheng, from thence to Ying-kow,
forming a line which describes the southern portion of the
territory. The places above named are included in the ceded
territory. When the line reaches the River Liao at Ying-kow, it
follows the course of the 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
Fêngtien situated in the eastern portion of the Bay of Liao-tung and
the northern portion of the Yellow Sea.
(b) The island of
Formosa, together with all islands appertaining or belonging to the
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.
Article 3
[2]
The alignment of the
frontiers described in the preceding Article, and shown on the annexed
map, shall be subject to verification and demarcation on the
spot by a Joint Commission of Delimitation, consisting of two or
more Japanese and two or more Chinese delegates, to be appointed
immediately 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 administration, 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 labours to a conclusion within the
period of one year after appointment.
The
alignments laid down in this Act shall, however, be maintained until
the rectifications of the Delimitation Commission, if any are made,
shall have received the approval of the Governments of Japan and
China.
Article
4
China agrees to pay to
Japan as a war indemnity the sum of 200,000,000 Kuping taels; the
said sum to be paid in eight instalments. The first instalment of
50,000,000 taels to be paid within six months, and the second
instalment of 50,000,000 to be paid within twelve months, after the
exchange of the ratifications of this Act. The remaining sum to be
paid in six equal instalments as follows: the first of such equal
annual instalments to be paid within two years, the second within
three years, the third within four years, the fourth within five
years, the fifth within six years, and the the sixth within seven
years, after the exchange of the ratifications of this Act. Interest
at the rate of 5 per centum per annum shall begin to run on all
unpaid portions of the said indemnity from the date the first
instalment falls due.
China shall, however,
have the right to pay by anticipation at any time any or all of the
said instalments. In case the whole amount of the said indemnity is
paid within three years after the exchange of the ratifications of
the present Act all interest shall be waived, and the interest for
two years and a half or for any less period, if any already paid,
shall be included as part of the principal amount of the
indemnity.
Article
5
The inhabitants of the
territories ceded to Japan who wish to take up their residence
outside the ceded districts shall be at liberty to sell their real
property and retire. For this purpose a period of two years from the
date of the exchange of 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
6
All Treaties between
Japan and China having come to an end as a consequence of war, China
engages, immediately upon the exchange of the ratifications of this
Act, to appoint Plenipotentiaries to conclude with the Japanese
Plenipotentiaries, 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 the
European Powers shall serve as a basis for the said Treaty and
Convention between Japan and China. From the date of the exchange of
ratifications of this Act until the said Treaty and Convention are
brought into actual operation, the Japanese Governments, its
officials, commerce, navigation, frontier intercourse and trade,
industries, ships, and subjects, shall in every respect be accorded
by China most favoured nation treatment.
China makes, in
addition, the following concessions, to take effect six months after
the date of the present Act:—
First.—The following
cities, towns, and ports, in addition to those already opened,
shall be opened to the 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:
- Shashih, in the province of
Hupeh.
- Chungking, in the province of
Szechwan.
- Suchow, in the province of
Kiangsu.
- Hangchow, in the province of
Chekiang.
The Japanese
Government shall have the right to station consuls at any or all
of the above named places.
Second.—Steam
navigation for vessels under the Japanese flag, for the conveyance
of passengers and cargo, shall be extended to the following
places:
- On the Upper Yangtze River, from
Ichang to Chungking.
- On the Woosung River and the Canal,
from Shanghai to Suchow and Hangchow.
The rules and
regulations that now govern the navigation of the inland waters of
China by Foreign vessels shall, so far as applicable, be enforced,
in respect to the above named routes, until new rules and
regulations are conjointly agreed to.
Third.—Japanese
subjects purchasing goods or produce in the interior of China, or
transporting imported merchandise into 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 extractions whatever.
Fourth.—Japanese
subjects shall be free to engage in all kinds of manufacturing
industries in all the open cities, towns, and ports of China, and
shall be at liberty to import into China all kinds of machinery,
paying only the stipulated import duties thereon.
All articles
manufactured by Japanese subjects in China shall, in respect of
inland transit and internal taxes, duties, charges, and exactions
of all kinds, and also in respect of warehousing and storage
facilities in the interior of China, stand upon the same footing
and enjoy the same privileges and exemptions as merchandise
imported by Japanese subjects into China.
In the event
additional rules and regulations are necessary in connexion with
these concessions, they shall be embodied in the Treaty of Commerce
and Navigation provided for by this Article.
Article
7
Subject to the
provisions of the next succeeding Article, the evacuation of China
by the armies of Japan shall be completely effected within three
months after the exchange of the ratificatioins of the present
Act.
Article
8
As a guarantee of the
faithful performance of the stipulations of this Act, China consents
to the temporary occupation by the military forces of Japan of
Weihaiwei, in the province of Shantung. [3]
Upon payment of the first two instalments 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
by the Japanese forces, provided the Chinese Government consents to
pledge, under suitable and sufficient arrangements, the Customs
revenue of China as security for the payment of the principal and
interest of the remaining instalments of the said indemnity. In the
event that no such arrangements are concluded, such evacuation shall
only take place upon the payment of the final instalment 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
9
Immediately upon the
exchange of the ratifications of this Act, all prisoners of war then
held shall be restored, and China undertakes not to ill-treat or
punish prisoners of war so restored to her by Japan. China also
engages to at once release all Japanese subjects accused of being
military spies or charged with any other military offences. 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
10
All offensive military
operations shall cease upon the exchange of the ratifications of
this Act.
Article
11
The present Act shall
be ratified by their Majesties the Emperor of Japan and the Emperor
of China, and the ratifications shall be exchanged at Chefoo on the
8th day of the 5th month of the 28th year of MEIJI, corresponding to
the 14th day of the 4th month of the 21st year of KUANG
HSÜ.
In witness whereof the respective
Plenipotentiaries have signed the same and affixed thereto the seal
of their arms.
Done in Shimonoseki, in
duplicate, this 17th day of the fourth month of the 28th year of
MEIJI, corresponding to the 23rd day of the 3rd month of the 21st
year of KUANG HSÜ.
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
Plenipotentiary of His Majesty the Emperor of
Japan
LI
HUNG-CHANG, [L.S.]
Plenipotentiary of
His Majesty the Emperor of China
Senior Tutor to the Heir
Apparent
Senior Grand Secretary of State
Minister
Superintendent of Trade for the Northern Ports of China
Viceroy
of the province of Chili
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
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