THE TREATY OF PEACE

(Official translation.)

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 the 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 Chihli 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:

Art. 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.

Art. 2. China cedes to Japan in perpetuity and sovereignty the following territories together with all fortifications, arsenals and public property therein:

(a) The southern portion of the province of Fêng-Tien within the following boundaries:

The line of demarcation begins at the mouth of the River Yalu and ascends that stream to the mouth of the River Anping; from thence the line runs to Funghwang; from thence to Haiching, from thence to Yingkow, 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 Yingkow it follows the course of that stream to its mouth, where it terminates. The mid-channel of the River Liao shall be taken as the line of demarcation.

The cession also includes all islands appertaining or belonging to the province of Fêng-Tien situated in the eastern portion of the bay of Liaotung and in the northern part 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.

Art. 3. The alignments of the frontiers described in the preceding article 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.

Art. 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 taels to be paid within twelve months, after the exchange of the ratifications of this act. The remaining sum to be paid in six equal annual 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 sixth within seven years, after the exchange of the ratification 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 indemnity is paid within three years after the exchange of the ratification of the present act, all interest shall be waived and the interest for two years and a half or for any less period if then already paid shall be included as a part of the principal amount of the indemnity.

Art. 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 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.

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.

Art. 6. All treaties between Japan and China having come to an end in consequence of the 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 the most favoured nation treatment.

China makes in addition the following concession, 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, 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 in cities, towns, and ports of China:

The Japanese government shall have the right to station consuls at any or all of 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:

The rules and regulations which now govern the navigation of the inland waters of China by foreign vessels shall, so far as applicable, be enforced in respect of the above-named routes, until new rules and regulations are conjointly agreed to.

3rd.—Japanese subjects purchasing goods or produce in 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 exactions whatever.

4th.—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 storing 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 of additional rules and regulations being necessary in connection with these concessions, they shall be embodied in the treaty of commerce and navigation provided for by this article.

Art. 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 ratifications of the present act.

Art. 8. As a guarantee of the faithful performance of the stipulations of this act, China consents to the temporary occupation of the military forces of Japan of Wei-hai-wei in the Province of Shan-tung.

Upon the payment of the first two instalments of the war indemnity, herein stipulated, this 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 no such arrangements are concluded, such evacuation shall only take place upon the payment of the final instalment of the 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.

Art. 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.

Art. 10. All offensive military operations shall cease upon the exchange of the ratifications of this act.

Art. 11. The present act shall be ratified by Their Majesties the Emperor of Japan and the Emperor of China, and ratifications shall be exchanged at Chefoo, on the 8th day of the 5th month of the 28th year of Meiji, corresponding to 14th day of the 4th month of the 21st year of Kuang-Hsü (May 8th, 1895).

In witness whereof, the respective plenipotentiaries have signed the same and have affixed thereto the seal of their arms.

Done at Shimonoseki, in duplicate, this 17th day of the 4th month of the 28th year of Meiji, corresponding to the 23rd day of the 3rd month of 21st year of Kuang-Hsü.

COUNT ITO HIROBUMI [L.L.],
Junii; grand cross of the imperial order of the Paullownia; minister president of state; plenipotentiary of His Majesty the Emperor of Japan.

VISCOUNT MUTSU MUNEMITSU [L.L.],
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.L.],
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.

LI CHING-FONG,
plenipotentiary of His Majesty the Emperor of China, ex-minister of the diplomatic service of the second official rank.

CORRESPONDENCE IN CONNECTION WITH
THE WEI-HAI-WEI SURRENDER.

“HONOURED SIR,
“An unfortunate turn of events has made us enemies: but as the warfare of to-day does not imply animosity between each and all individuals, we hope our former friendship is still warm enough to assure Your Excellency that these lines, which we address to you with your kind permission, are dictated by a motive higher than that of a mere challenge to surrender. This motive is that of submitting to the calm consideration of a friend a reason for an action which seems to be truly conducive to the good of his country and of himself, although stress of circumstances might temporarily conceal this from him. To whatever cause the successive failures of Chinese arms on both sea and land may be attributed, we think Your Excellency’s sound judgement will not fail in assigning them to their true cause, which must be apparent to any unprejudiced observer. In China the literary class is still the governing section, and literary accomplishment is the chief if not the sole way to rank and power now as it was a thousand years ago. We do not venture to deny that this system is excellent in well be permanent and sufficient if China were to stand alone in the world. But national isolation is no longer a possibility. Your Excellency must know what a hard experience the Japanese empire had thirty years ago, and how narrowly she escaped the awful calamity which threatened. To throw away the old principle and to adopt the new, as the sole condition of preserving the integrity of your empire, is as necessary with your government now as it was with ours. The necessity must be attended to, or fall is inevitable sooner or later. That the crisis is being brought about by the Japanese arms is mere chance. It might have been caused by other political difficulties, which are equally destructive. Now at such a juncture is it the part of a truly patriotic man, upon whom the necessity of action devolves, to allow himself to be simply dragged along by force of circumstances? Compared with the re-establishment on a sound working basis of the oldest empire in the world, with its glorious history and its extensive territories, what is the surrender of a fleet or the loss of a whole army? If Your Excellency be truly patriotic and loyal to the cause of your country, we beg you to listen to the words of sympathetic hearts filled with the sense of honour representative of the fighting men of Japan; words which ask you to come and stay in Japan until the time arrives when your services shall be required for the good cause. Not to speak of the numerous instances of final success after temporary humiliation in your own history of the ancient dynasties, let me call your attention to the case of the French Marshal Macmahon, who allowed himself to be detained in the enemy’s land till it was expedient that he should return and aid in reforming the government, which instead of dishonouring him raised him to the presidency: or to the case of Osman Pasha whom the unfortunate event of Plevna did not prevent from subsequently filling the post of minister of war and rendering important services in reforming the army. As to the way in which Your Excellency may be received in Japan, let us assure you of the magnanimity of our sovereign. His Majesty not only pardoned his own subjects who fought against the imperial side, but even raised them to important positions according to their personal merits, as in the case of Admiral Enomoto, Privy Councillor Otori, and others. Surely he would be more magnanimous to one who is not his own subject, and whose glorious career is so well known to the world. The great problem with Your Excellency now is whether to submit to the great calamity which must be the inevitable consequence of further adherence to the old principle, or to survive it for the sake of future reform. We know it is the custom of your officials to meet any communication from an opponent with a pride designed to show consciousness of strength or to conceal weakness, but we hope Your Excellency will understand that the present communication is not made without due consideration of the vast interests at stake, but that it is the outcome of the truest sincerity and of feelings which should lead to the realisation of those interests, and we hope you will kindly consider it in that light.

“Should the present communication meet with your approval, the carrying out of its import will, with Your Excellency’s permission, be arranged through further communications, and we have the honour to be, etc., etc.

“Signed: Count Ōyama,
“Signed: Admiral Ito.

“20th January, 1895.”