A History of the Japanese People Part 94

The two High Contracting Parties mutually engage to obtain the consent of the Government of China mentioned in the foregoing stipulation. (785)

Article VII. j.a.pan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial purposes and in no wise for strategic purposes.

It is understood that that restriction does not apply to the railway in the territory affected by the lease of the Liao-tung Peninsula.

(785)

Article VIII. The Imperial Governments of j.a.pan and Russia, with a view to promote and facilitate intercourse and traffic, will, as soon as possible, conclude a separate convention for the regulation of their connecting railway services in Manchuria. (785)

Article IX. The Imperial Russian Government cede to the Imperial Government of j.a.pan in perpetuity and full sovereignty, the southern portion of the Island of Saghalien and all islands adjacent thereto, and all public works and properties thereon. The fiftieth degree of north lat.i.tude is adopted as the northern boundary of the ceded territory. The exact alignment of such territory shall be determined in accordance with the provisions of additional Article II, annexed to this Treaty.

j.a.pan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalien or the adjacent islands, any fortifications or other similar military works. They also respectively engage not to take any military measures which may impede the free navigation of the Straits of La Perouse and Tartary.

(785)

Article X. It is reserved to the Russian subjects, inhabitants of the territory ceded to j.a.pan, to sell their real property and retire to their country; but, if they prefer to remain in the ceded territory, they will be maintained and protected in the full exercise of their industries and rights of property, on condition of submitting to j.a.panese laws and jurisdiction. j.a.pan shall have full liberty to withdraw the right of residence in, or to deport from, such territory, any inhabitants who labour under political or administrative disability. She engages, however, that the proprietary rights of such individuals shall be fully respected. (786)

Article XL. Russia engages to arrange with j.a.pan for granting to j.a.panese subjects rights of fishery along the coasts of the Russian possessions in the j.a.pan, Okhotsk and Behring Seas.

It is agreed that the foregoing engagement shall not affect rights already belonging to Russian or foreign subjects in those regions.

(786)

Article XII. The Treaty of Commerce and Navigation between j.a.pan and Russia having been annulled by the war, the Imperial Governments of j.a.pan and Russia engage to adopt as the basis of their commercial relations, pending the conclusion of a new treaty of commerce and navigation on the basis of the Treaty which was in force previous to the present war, the system of reciprocal treatment on the footing of the most favoured nation, in which are included import and export duties, customs formalities, transit and tonnage dues, and the admission and treatment of the agents, subjects and vessels of one country in the territories of the other. (786)

Article XIII. As soon as possible after the present Treaty comes into force, all prisoners of war shall be reciprocally restored. The Imperial Governments of j.a.pan and Russia shall each appoint a special Commissioner to take charge of prisoners. All prisoners in the hands of the Government shall be delivered to and received by the Commissioner of the other Government or by his duly authorized representative, in such convenient numbers and at such convenient ports of the delivering State as such delivering State shall notify in advance to the Commissioner of the receiving State.

The Governments of j.a.pan and Russia shall present to each other, as soon as possible after the delivery of prisoners has been completed, a statement of the direct expenditures respectively incurred by them for the care and maintainance of prisoners from the date of capture or surrender up to the time of death or delivery. Russia engages to repay j.a.pan, as soon as possible after the exchange of the statements as above provided, the difference between the actual amount so expended by j.a.pan and the actual amount similarly disbursed by Russia. (787)

Article XIV. The present Treaty shall be ratified by Their Majesties the Emperor of j.a.pan and the Emperor of all the Russias. Such ratification shall, with as little delay as possible and in any case not later than fifty days from the date of the signature of the Treaty, be announced to the Imperial Governments of j.a.pan and Russia respectively through the French Minister in Tokio and the Amba.s.sador of the United States in Saint Petersburg and from the date of the later of such announcements this Treaty shall in all its parts come into full force.

The formal exchange of the ratification shall take place at Was.h.i.+ngton as soon as possible. (787)

Article XV. The present Treaty shall be signed in duplicate in both the English and French languages. The texts are in absolute conformity, but in case of discrepancy in interpretation, the French text shall prevail.

In witness whereof, the respective Plenipotentiaries have signed and affixed their seals to the present Treaty of Peace. (788)

Done at Portsmouth (New Hamps.h.i.+re) this fifth day of the ninth month of the thirty-eighth year of Meiji, corresponding to the twenty-third day of August (fifth September), one thousand nine hundred and five.

(Signed) JUTARO KOMURA (L.S.)

(Signed) K. TAKAHIRA (L.S.)

(Signed) SERGE WITTE (L.S.)

(Signed) ROSEN (L.S.)

In conformity with the provisions of Articles III and IX of the Treaty of Peace between j.a.pan and Russia of this date, the undersigned Plenipotentiaries have concluded the following additional Articles:

I. To Article III. The Imperial Governments of j.a.pan and Russia mutually engage to commence the withdrawal of their military forces from the territory of Manchuria simultaneously and immediately after the Treaty of Peace comes into operation, and within a period of eighteen months from that date, the Armies of the two countries shall be completely withdrawn from Manchuria, except from the leased territory of the Liaotung Peninsula.

The forces of the two countries occupying the front positions shall be first withdrawn.

The High Contracting Parties reserve to themselves the right to maintain guards to protect their respective railway lines in Manchuria. The number of such guards shall not exceed fifteen per kilometre and within that maximum number, the commanders of the j.a.panese and Russian Armies shall, by common accord, fix the number of such guards to be employed, as small as possible having in view the actual requirements.

The Commanders of the j.a.panese and Russian forces in Manchuria shall agree upon the details of the evacuation in conformity with the above principles and shall take by common accord the measures necessary to carry out the evacuation as soon as possible and in any case not later than the period of eighteen months. (789)

II. To Article IX. As soon as possible after the present Treaty comes into force, a Commission of Delimitation, composed of an equal number of members to be appointed respectively by the two High Contracting Parties, shall on the spot mark in a permanent manner the exact boundary between the j.a.panese and Russian possessions on the Island of Saghalien. The Commissions shall be bound, so far as topographical considerations permit, to follow the fiftieth parallel of north lat.i.tude as the boundary line, and in case any deflections from that line at any points are found to be necessary, compensation will be made by correlative deflections at other points. It shall also be the duty of the said Commission to prepare a list and description of the adjacent islands included in the cession and finally the Commission shall prepare and sign maps showing the boundaries of the ceded territory. The work of the Commission shall be subject to the approval of the High Contracting Parties.

The foregoing additional Articles are to be considered as ratified with the ratification of the Treaty of Peace to which they are annexed. (789)

Portsmouth the 5th day, 9th month, 38th year of Meiji corresponding to the 23rd August, 5th September, 1905.

(Signed) JUTARO KOMURA (L.S.)

(Signed) K. TAKAHIRA (L.S.)

(Signed) SERGE WITTE (L.S.)

(Signed) ROSEN (L.S.)