| 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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