A History of the Japanese People Part 93

Article LXVI. The expenditure in respect of the Imperial House shall be defrayed every year out of the National Treasury, according to the present fixed amount for the same, and shall not hereafter require the consent thereto of the Imperial Diet, except in case an increase thereof is found necessary.

Article LXVII. The fixed expenditure based upon the supreme powers of the Emperor and set forth in this Const.i.tution, and such expenditure as may have arisen by the effect of law, or as appertains to the legal obligations of the Government, shall be neither rejected nor reduced by the Imperial Diet, without the concurrence of the Government.

Article LXVIII. In order to meet special requirements the Government may ask the consent of the Imperial Diet to a certain amount as a continuing expenditure fund, for a previously fixed number of years.

Article LXIX. In order to supply unavoidable deficits in the Budget, and to meet requirements unprovided for in the same, a reserve fund shall be established.

Article LXX. When there is urgent need for the adoption of measures for the maintenance of the public safety, and when in consequence of the state either of the domestic affairs or of the foreign relations, the Imperial Diet cannot be convoked, the necessary financial measures may be taken by means of an Imperial Ordinance. In such cases as those mentioned in the preceding clause the matter shall be submitted to the Imperial Diet at its next session for its approval.

Article LXXI. When the Imperial Diet has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year.

Article LXXII. The final account of the expenditure and revenue of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Imperial Diet, together with the report of verification of the said Board.

The organisation and competency of the Board of Audit shall be determined by law separately.

CHAPTER VII SUPPLEMENTARY RULES

Article LXXIII. Should, hereafter, the necessity arise for the amendment of the provisions of the present Const.i.tution, A project to that effect shall be submitted for the deliberation of the Imperial Diet by Imperial Order. In the above case, neither House can open a debate, unless not less than two-thirds of the whole number of members are present; and no amendment can be pa.s.sed unless a majority of not less than two-thirds of the members present is obtained.

Article LXXIV. No modification of the Imperial House Law shall be required to be submitted for the deliberation of the Imperial Diet.

No provision of the present Const.i.tution can be modified by the Imperial House Law.

Article LXXV. No modification can be introduced into the Const.i.tution, or into the Imperial House Law, during the time of a Regency.

Article LXXVI. Existing legal enactments, such as laws, regulations, and ordinances, and all other such enactments, by whatever names they may be called, which do not conflict with the present const.i.tution, shall continue in force. All existing contracts or orders which entail obligations upon the Government, and which are connected with the expenditure, shall come within the scope of Article LXVII.

2. AGREEMENT BETWEEN j.a.pAN AND THE UNITED KINGDOM, SIGNED AT LONDON, AUGUST 12, 1905

Preamble. The Governments of j.a.pan and Great Britain, being desirous of replacing the agreement concluded between them on the 30th January, 1902, by fresh stipulations, have agreed upon the following articles, which have for their object:

(a) The consolidation and maintenance of the general peace in the regions of Eastern Asia and of India;

(b) The preservation of the common interests of all Powers in China by insuring the independence and integrity of the Chinese Empire and the principle of equal opportunities for the commerce and industry of all nations in China;

(c) The maintenance of the territorial rights of the High Contracting Parties in the regions of Eastern Asia and of India, and the defence of their special interests in the said regions:

Article I. It is agreed that whenever, in the opinion of either Great Britain or j.a.pan, any of the rights and interests referred to in the preamble of this Agreement are in jeopardy, the two Governments will communicate with one another fully and frankly, and will consider in common the measures which should be taken to safeguard those menaced rights or interests. (671)

Article II. If by reason of unprovoked attack or aggressive action, wherever arising, on the part of any other Power or Powers either Contracting Party should be involved in war in defence of its territorial rights or special interests mentioned in the preamble of this Agreement, the other Contracting Party will at once come to the a.s.sistance of its ally, and will conduct the war in common, and make peace in mutual agreement with it. (672)

Article III. j.a.pan possessing paramount political, military, and economic interests in Corea, Great Britain recognizes the right of j.a.pan to take such measures of guidance, control, and protection in Corea as she may deem proper and necessary to safeguard and advance those interests, provided always that such measures are not contrary to the principle of equal opportunities for the commerce and industry of all nations. (672)

Article IV. Great Britain having a special interest in all that concerns the security of the Indian frontier, j.a.pan recognizes her right to take such measures in the proximity of that frontier as she may find necessary for safeguarding her Indian possessions. (672)

Article V. The High Contracting Parties agree that neither of them will, without consulting the other, enter into separate arrangements with another Power to the prejudice of the objects described in the preamble of this Agreement. (672)

Article VI. As regards the present war between j.a.pan and Russia, Great Britain will continue to maintain strict neutrality unless some other Power or Powers should join in hostilities against j.a.pan, in which case Great Britain will come to the a.s.sistance of j.a.pan, and will conduct the war in common, and make peace in mutual agreement with j.a.pan. (672)

Article VII. The conditions under which armed a.s.sistance shall be afforded by either Power to the other in the circ.u.mstances mentioned in the present Agreement, and the means by which such a.s.sistance is to be made available, will be arranged by the Naval and Military authorities of the Contracting Parties, who will from time to time consult one another fully and freely upon all questions of mutual interest. (673)

Article VIII. The present Agreement shall, subject to the provisions of Article VI, come into effect immediately after the date of its signature, and remain in force for ten years from that date.

In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said ten years the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have denounced it. But, if when the date fixed for its expiration arrives, either ally is actually engaged in war, the alliance shall, ipso facto, continue until peace is concluded. (673)

In faith whereof the Undersigned, duly authorized by their respective Governments, have signed this Agreement and have affixed thereto their Seals.

Done in duplicate at London, the 12th day of August, 1905.

(L.S.) TADASU HAYAs.h.i.+

Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of j.a.pan at the Court of St. James.

(L.S.) LANSDOWNE

His Britannic Majesty's Princ.i.p.al Secretary of State for Foreign Affairs.

3. TREATY OF PEACE BETWEEN j.a.pAN AND RUSSIA SIGNED AT PORTSMOUTH, SEPTEMBER 5, 1905

Article I. There shall henceforth be peace and amity between Their Majesties the Emperor of j.a.pan and the Emperor of all the Russias and between Their respective States and subjects. (783)

Article II. The Imperial Russian Government, acknowledging that j.a.pan possesses in Corea paramount political, military and economical interests, engage neither to obstruct nor interfere with the measures of guidance, protection and control which the Imperial Government of j.a.pan may find it necessary to take in Corea.

It is understood that Russian subjects in Corea shall be treated exactly in the same manner as the subjects or citizens of other foreign Powers, that is to say, they shall be placed on the same footing as the subjects or citizens of the most favoured nation.

It is also agreed that, in order to avoid all cause of misunderstanding, the two High Contracting Parties will abstain, on the Russo-Corean frontier, from taking any military measure which may menace the security of Russian or Corean territory. (783)

Article III. j.a.pan and Russia mutually engage:

1. To evacuate completely and simultaneously Manchuria except the territory affected by the lease of the Liao-tung Peninsula, in conformity with the provisions of additional Article I, annexed to this Treaty: and

2. To restore entirely and completely to the exclusive administration of China all portions of Manchuria now in the occupation or under the control of the j.a.panese or Russian troops, with the exception of the territory above mentioned.

The Imperial Government of Russia declare that they have not in Manchuria any territorial advantages or preferential or exclusive concessions in impairment of Chinese sovereignty or inconsistent with the principle of equal opportunity. (784)

Article IV. j.a.pan and Russia reciprocally engage not to obstruct any general measures common to all countries, which China may take for the development of the commerce and industry of Manchuria. (784)

Article V. The Imperial Russian Government transfer and a.s.sign to the Imperial Government of j.a.pan, with the consent of the Government of China, the lease of Port Arthur, Talien and adjacent territory, and territorial waters and all rights, privileges and concessions connected with or forming part of such lease and they also transfer and a.s.sign to the Imperial Government of j.a.pan all public works and properties in the territory affected by the above mentioned lease.

The two High Contracting Parties mutually engage to obtain the consent of the Chinese Government mentioned in the foregoing stipulation.

The Imperial Government of j.a.pan on their part undertake that the proprietary rights of Russian subjects in the territory above referred to shall be perfectly respected. (784)

Article VI. The Imperial Russian Government engage to transfer and a.s.sign to the Imperial Government of j.a.pan, without compensation and with the consent of the Chinese Government, the railway between Chang-chun (Kuan-cheng-tzu) and Port Arthur and all its branches, together with all rights, privileges and properties appertaining thereto in that region, as well as all coal mines in the said region belonging to or worked for the benefit of the railway.