2. “He must treat kindly the Russians in military occupation, protecting the railway and pacifying the province, and provide them with lodging and provisions.

3. “He must disarm and disband the Chinese soldiery, delivering in their entirety to the Russian military officials all munitions of war in the arsenals not already occupied by the Russians.

4. “All forts and defenses in Fêng-tien not occupied by the Russians, and all powder magazines not required by the Russians, must be dismantled in the presence of Russian officials.

5. “Niu-chwang and other places now occupied by the Russians shall be restored to the Chinese civil administration when the Russian Government is satisfied that the pacification of the provinces is complete.

6. “The Chinese shall maintain law and order by local police under the Tartar General.

7. “A Russian Political Resident, with general powers of control, shall be stationed at Mukden, to whom the Tartar General must give all information respecting any important measure.

8. “Should the local police be insufficient in any emergency, the Tartar General will communicate with the Russian Resident at Mukden, and invite Russia to dispatch reinforcements.

9. “The Russian text shall be the standard.”[[330]]

In brief, the province was to be disarmed, its military government to be in the Russian hands, its civil government to be placed under the supervision of a Russian Resident, with additional duties on the part of the Chinese to provide for the Russian military and to protect Russian properties. The last provisions were coupled with the right of the Russians to supply reinforcements, if the Chinese local police should prove insufficient. The probable significance of this measure will be fully discussed in connection with the Russo-Chinese Convention of April 8, 1902. As regards the Agreement now under discussion, Dr. Morrison opined that it would necessarily be followed by similar agreements with reference to the other two of the three Eastern Provinces,[[331]] and then all Manchuria would be “a de facto Russian protectorate, Russia by a preëxisting agreement having already the right to maintain all necessary troops for the protection of the railway.” It is needless to say that the report of this Agreement caused universal amazement in the diplomatic world. It soon became known[[332]] that the Chinese delegate who signed it at Port Arthur had received no authorization to do so from the Peking Government.[[333]] But the Japanese Government, hearing from a reliable source that so late as the beginning of February, Russia was pressing China to ratify the Agreement, undertook to express its opinion to the Chinese Minister at Tokio, that the conclusion of any such agreement would be a “source of danger” to the Chinese Government, and that no arrangement affecting territorial rights of the Empire ought to be concluded between the Chinese Government and any one of the Powers.[[334]] At the instance of Japan, Great Britain also made precisely the same representation to China,[[335]] Germany following the example in slightly different language,[[336]] and the United States also reminding China of “the impropriety, inexpediency, and even extreme danger to the interests of China, of considering any private territorial and financial engagements, at least without the full knowledge and approval of all the Powers now engaged in negotiation.”[[337]]

It has often been reported in the press that the Agreement was never ratified by either China or Russia. Before, however, any of the protests of the Powers reached the Peking Government, Count Lamsdorff had, on February 6, “very readily” explained the situation to the British Ambassador at St. Petersburg. He said it was quite untrue that any agreement which would give Russia new rights and a virtual protectorate in Southern Manchuria had been concluded or was under discussion with China, but “the Russian military authorities who had been engaged in the temporary occupation and pacification of that province had been directed, when reinstating the Chinese authorities in their former posts, to arrange with the local civil authorities a modus vivendi for the duration of the simultaneous presence of Russian and Chinese authorities in Southern Manchuria, the object being to prevent the recurrence of disturbances in the vicinity of the Russian frontier, and to protect the railway from the Russian frontier to Port Arthur.” “Some of the details of the proposed modus vivendi had been sent for consideration to St. Petersburg, but no convention or arrangement with the central Government of China or of a permanent character had been concluded with regard to Manchuria, nor had the Emperor any intention of departing in any way from the assurances which he had publicly given that Manchuria would be entirely restored to its former condition in the Chinese Empire as soon as circumstances admitted of it.”[[338]] A careful reading of this statement, as typical of the many declarations made by Russia in regard to Manchuria, will show how untenable is the popular view that she persistently falsifies. There is here a fair admission that a modus vivendi was under way between the Russian military officers in Southern Manchuria and the local Chinese authorities, and that it was not of a permanent nature, nor was it concluded with the central Government at Peking, and both of these points accord with the reported facts. Nor can one deny the cogency of the argument that Russia would evacuate Manchuria “as soon as circumstances admitted of it.” What constituted the objectionable feature of the affair, from the standpoint of the interested Powers, must have been that, inasmuch as Count Lamsdorff would not publish the terms of the modus vivendi, it was not possible for them to satisfy themselves that it contained nothing which would render impossible the consummation of “circumstances” favorable for evacuation, and eventually tend toward a “permanent” possession of the territory by Russia. As matters stood, it would be as natural for the Powers to entertain such a doubt, as it was for Russia to deem it necessary to declare, in her circular of August 25, 1900, that she would withdraw from Manchuria if, for one thing, no obstacle was placed in her way by the action of other Powers. The doubt of the Powers was rather intensified, if at all, by the further explanation by Count Lamsdorff on February 6, that “when it came to the final and complete evacuation of Manchuria, the Russian Government would be obliged to obtain from the central Government of China an effective guarantee against the recurrence of the recent attack on her frontier and the destruction of her railway, but had no intention of seeking this guarantee in any acquisition of territory or of an actual or virtual protectorate over Manchuria, the object being to simply guarantee the faithful observance in the future by China of the terms of the agreement [agreement between the Chinese Government and the Russo-Chinese Bank, September 28, 1896?], which she had been unable to fulfill during the disturbances. The terms of this guarantee might possibly form the subject of conversation here between Count Lamsdorff and the Chinese Minister, or be left for discussion at Peking.”[[339]] A month before this official statement of Russia reached the London Government, the latter heard from the Japanese Minister, Baron Hayashi, that Russia and China had already made at St. Petersburg some arrangement regarding Manchuria,[[340]] evidently referred to by Count Lamsdorff in the quoted passage as “an effective guarantee.”