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Japan. 21.März 1895.

ruption of warlike operations, the Imperial Japanese Plenipotentiaries announce Nr. 10787. as such conditions, the occupation by Japanese Troops of Taku, Tientsin and Shan-hai-kuan as well as the Fortresses and Fortifications at those places; the surrender by the Chinese Forces at these places of all arms and munitions of war; the control by the Japanese Military Authorities of the Railway between Tientsin and Shan-hai-kuan, and the payment by China of a war contribution, commensurate, in amount with the length of the armistice. || If these conditions are acceded to, the time when the armistice is to take effect, its duration, the lines of demarcation between the Japanese and Chinese armies and other details may be at once elaborated. || In view of the present answer of the Imperial Japanese Plenipotentiaries, and in order to prevent any future misunderstanding, it would seem to be important to point out that the reply made by the Imperial Government of Japan to the earlier proposition of the Chinese Government for an armistice, does not bear the exact significance attached to it by His Excellency the Plenipotentiary of His Majesty the Emperor of China. The words employed on the occasion by the Government of Japan were as follow: "The conditions of an armistice, in the event the Japanese Government should conclude to grant one, will be made known at the meeting of the Plenipotentiaries."

Nr. 10788. CHINA. Ablehnung der japanischen Bedingungen.
Shimonoseki, March 24th, 1895.

China.

24. März 1895.

The Ambassador Plenipotentiary of His Majesty the Emperor of China Nr. 10788. regrets, that the conditions of armistice, as contained in the memorandum of the Plenipotentiaries of His Majesty the Emperor of Japan, are of such a character that it is not possible for him to accept them. || Having come to Japan to ask for peace and with a sincere desire for its attainment, he feels that the suspension of hostilities for a brief period during the negotiations, as proposed in his memorandum of the twentieth instant, would be alike honourable to and consistent with the interests of both countries. || Notwithstanding his failure to secure the acquiescence of the Plenipotentiaries of His Majesty the Emperor of Japan in a proposal which he regards as both reasonable in its terms and sustained by international practice, he will continue unabated his efforts to bring the negotiations to a successful issue.

Nr. 10789. JAPAN.

Bewilligung einer bedingungslosen

Waffenruhe.

Memorandum from Viscount Mutsu.

Shimonoseki, March 28th, 1895.

His Imperial Majesty, in view of the deplorable occurrence of the 24th Nr. 10789. instant *), which I need scarcely assure Your Excellency occasioned His Majesty

*) Verwundung Li Hung Tschangs durch einen Japaner. Red.

Japan.

28. März 1895.

28. März 1895.

Nr. 10789. deep grief, has commanded His Plenipotentiaries now to consent to an unconJapan. ditional armistice for a definite period and within certain defined limits, which was at first denied by the Imperial Japanese Government. || My Colleague, Count Ito, as Your Excellency is aware, is now absent from Shimonoseki; but I shall be prepared, at any time which may be convenient to Your Excellency, to enter upon an examination and adjustment of the necessary details, with a view to the early conclusion of a convention of armistice.

Nr. 10790.

Japan.

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His Majesty the Emperor of Japan, having, in view of the untoward China und event which temporarily interrupted the depending negotiations for peace, 30. März 1895. commanded His Plenipotentiaries to consent to a temporary armistice: || The undersigned Li Hung-chang, 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 Chihli and Earl of the First Rank; and 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, the Plenipotentiaries of His Majesty the Emperor of Japan, have concluded the following convention of Armistice:

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Article I.

The Imperial Governments of China and Japan agree to enforce an armistice between their respective military and naval forces in the Provinces of Feng-tien, Chihli and Shantung, subject to the provisions contained in the following articles:

Article II.

The Forces affected by this Armistice shall have the right to maintain the positions respectively occupied by them at the time hostilities are actually suspended, but they shall not under any circumstance during the existence of this Armistice advance beyond such positions.

Article III.

The two Governments engage during the existence of this Convention not to extend, perfect or advance their attacking works or to re-inforce or in anywise to strengthen, either for offensive or defensive operations, their confronting military lines. But this engagement shall not prevent either Government from making any new distribution or arrangement of troops not intended to augment or strengthen the armies now actually in the field and engaged in military operations.

Article IV.

The movement of troops, and the transportation of military supplies and Nr. 10790. all other contraband of war by sea shall be subject to the ordinary rules of war and shall consequently be liable to hostile capture.

Article V.

This Armistice shall be enforced by the Imperial Governments of China and Japan for the period of 21 days from the date of the signature of this Convention. In those localities occupied by the troops of the two Governments to which there is no telegraphic communication, the quickest possible means shall be employed in issuing the orders for the armistice and the respective Commanders of the two countries shall, upon the receipt of such orders, announce the fact to each other and take steps to enforce the armistice.

Article VI.

This Armistice shall terminate without notice on either side, at mid-day on the 26th day of the 3rd month of the 21st year of Kuang Hsü, corresponding to the 20th day of the 4th month of the 28th year of Meiji (April 20th, 1895). If in the meantime the depending negotiations for peace are broken off, this Armistice shall in that case terminate at the same time such negotiations cease. || Inwitness where of the Plenipotentiaries of China and Japan have hereunto set their hands and affixed their seals.

Done at Shimonoseki, Japan, this 5th day of the 3rd month of the 21st year of Kuang Hsü, corresponding to the 30th day of the 3rd month of the 28th year of Meiji (March 30th, 1895).

Li Hung-chang. (L. S.) || Plenipotentiary of His Majesty the Emperor of China, Senior Tutor of 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.

Count Ito Hirobumi. (L. S.) Junii, Grand Cross of the Imperial Order of Paulownia, 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.

Nr. 10791. JAPAN. Erster Entwurf eines Friedensvertrages.
Shimonoseki, April 1st, 1895.

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: (Here insert names and titles of Plenipotiaries.) | Who after having

China and
Japan.

30. März 1895.

Nr. 10791.
Japan.

1. Apr. 1895.

Nr. 10791.
Japan.

exchanged their Full Powers, which were found to be in good and proper 1. Apr. 1895. form, have agreed to the following Articles:

Article I.

China recognizes definitively the full and complete independence and autonomy of Corea, and in consequence the payment of tribute and the performance of ceremonies and formalities by Corea to China in derogation of such independence and autonomy, shall wolly cease for the future.

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Article II.

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 Sheng-king within the following boundaries. The line of demarcation begins at the mouth of the River Yalu, and ascends that stream as far as San-cha-tsu, thence it runs directly North to Yü-shu-ti-hsia; thence it runs directly West until it strikes the River Liao; it follows from thence the course of that river southward to the 41° North latitude; from thence it coincides with that parallel of latitude to the westward as far as 122° longitude East of Greenwich and from that point of intersection it follows the same meridian of longitude southward to the coast of the Bay of Liao-tung where it terminates. || This cession includes all Islands appertaining or belonging to the Province of Sheng-king situated in the eastern portion of the Bay of Liao-tung and in the northern part of the Yellow-Sea. (b) The Island of Formosa together with all Islands adjacent or belonging to the said Island of Formosa. || (c) - The Pescadores Group, that is to say all Islands lying between the 119° and 120° longitudes East of Greenwich and 23 and 24° North latitudes.

Article III.

The alignments 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 ratifications of the Delimitation Commission, if any are made, shall have received the approval of the Governments of Japan and China.

Article IV.

China agrees to pay to Japan as a war indemnity the sum of 300,000,000 Kuping taels. The said sum to be paid in five instalments; the first instalment

Japan.

being 100,000,000 taels and the four remaining instalments being 50,000,000 Nr. 10791. each. The first instalment is to be paid within six months after the exchange 1. Apr. 1895. of ratifications of this Act and the four remaining instalments are to be respectively paid on or before the same date of the four succeding years. Interest at the rate of 5 per cent per annum shall begin to run on all unpaid portions of the said indemnity, from the date the first instalment falls due.

Article V.

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 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. Article VI.

All Treaties between Japan and China having come to an end in 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 European Powers shall serve as a basis for the said Treaty and Convention between Japan and China. From the date of the exchange of the ratifications of this Act until the said Treaty and Convention are brought into actual operation the Japanese Government, its officials, commerce, navigation, frontier intercourse and trade, industries, ships and subjects shall in every respect be accorded by China most favoured nation treatment. || China makes in addition the following concessions to take effect six months after the date of the present Act:

1st. The following cities, towns and ports, in addition to those already opened, are 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;|| 1.—Peking. || 2.-Shashih in the Province of Hupeh. || 3.-Siangtan in the Province of Hunan. || 4.-Chung-king in the Province of Szechuen. || 5.—Wuchow in the Province of Kwang-si. || 6.- Su-chow in the Province of Kiangsu. || 7.-Hang-chow in the Province of Chekiang. || The Japanese Government. shall have the right to station Consuls at any or all the above named places:

2nd. Steam navigation for vessels under the Japanese flag for the conveyance of passengers, and cargo shall be extended to the following places: || 1. On the Upper Yangtsze River from Ichang to Chung-king. 2.-On the Siang River and Lake Tung Ting from the Yangtsze River to Siangtan. 3. On the West River from Canton to Wu-chow. || 4.On the Woo-sung River and the Canal from Shanghai to Su-chow and Hang-chow. || The Rules and

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