Directory_and_Chronicle_1894 — Page 148

TREATY BETWEEN CHINA AND JAPAN

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together, and have agreed to articles for the reconstruction of reiat ons, to the end that they may be observed with good faith on both sides in perpetuity.

The Articles agreed upon are as follow:

Art. I.*-Relations of amity shall henceforth be maintained in redoubled forve between China and Japan, in measure as boundless as the heaven and the earth. In all that regards the territorial possessions of either country the two Governments shall treat each the other with proper courtesy, without the slightest infringement or encroachment on either side, to the end that there may be for evermore peace between them undisturbed.

Art. II.-Friendly intercourse thus existing between the two Governments, it is the duty of each to sympathise with the other, and in the event of any other nation acting unjustly or treating either of the two Powers with conteinpt, ou notice being given [by the one to the other], mutual assistance shall be ren erel, or mediat on offered for the arrangement of the difficulty, in fulfilment of the duty imposed by relations of friendship.

Art. III.-The system of Government and the penal enactments of the two Governments being different from each other, each shall be allowed to act in entire independence. There shall be no interference offered, nor shall requests for innova- tions be obtruded. Each shall aid the other in enforcement of laws, nor shall either allow its subjects to entice the people of the other country to commit acts in violation of the laws.

Art. IV.-It will be competent for either Government to send Ministers Pleni- potentiary, with their families and suites, to reside in the capital of the other, either permanently or from time to time. Their travelling expenses, as they pass through the country, will be defrayed by themselves. In the matter of their hiring ground or buildings to serve as legations, of t: e passage of their baggage to and fro, of the conveyance of their co respondence by special couries, and the like, due assistance shall be rendered on either side.

Art. V.-Although the functionaries of the two Governments have fixed grades, the nature of the offices conferred are different on either side. Officers of equivalent rank will meet and correspond with each other on a footing of equality. Whn aa officer visits a superior, the intercourse between them will be such as is prescribed by the rites of hospitality. For the transaction of public business, the officials of the two countries will address communications to officers of their own rank, who will report in turn to their superiors. They will not address the superior officer directly. In visits, cards wi h the official title of the visitor shall be sent on either side. All officials sent on the part of either Government to the other shall present for inspection a letter bearing an official stamp, in order to guard against false personation.

Art. VI.-In official correspondence, China will use the Chinese language, and Japan will either use the Japanese language accompanied by a Chinese version, or a Chinese version alone, as may be found on her side perferable.

Art. VII.-Friendly intercourse having been established between the two Governments, it will behove them both to appoint certain ports on the seaboard which their merchants will be authorized to frequent for purposes of trade, and to lay down separately regulations of trade, that their respective mercantile communities may abide by in perpetuity.

Art. VIII.—At the ports appointed in the territory of either Government, it will be competent for the other to station Consuls for the control of its own merc..ant community. All suits in which they (the Consul's nationals) are the only parti-s, the matter in dispute being money or property, it will fall to the Consul to adjudicate according to the law of his own state. In mixed suits, the plaint having been laid before the Consul, he will endeavour, in the first instance, to prevent litigation by friendly counsel. If this be not possible, he will write «fficially to the local au hont and in concert with him will fairly try the case and decide it. When acts of theft or

* This Article was excluded from ratification by the Mikado of Japan, on the ground of its being unnecessary, needful obligations in respect of the matter to which it relates being embraced within the ordinary provisions of aternational law.