As the correspondent foresaw, exaggerated commentaries and telegrams are
already in circulation with regard to this treaty, and article 15 is
said to be, that in case of war each power closes its ports to the ships
of the nation attacking its ally. I am informed, on good authority, that
this is not so, and that the version given here is the correct one. The
beginning of intimate relations between these two great empires, who
have so long kept aloof from each other, cannot but be a good sign.
I have. &c,
[Inclosure.]
Peking, January 15, [27,]
1872.
[Special correspondence of the
Journal de St. Petersbourg.]
The two powers of the extreme East, China and Japan, have just
concluded, after long negotiations, a treaty of friendship, the
stipulations of which tend to establish relations which deserve all
our attention.
What is most striking, at first, is that the two empires have treated
on an almost equal footing, and the only article where the
preponderance always claimed by China lets itself be shown, is that
(article 6) which compels the Japanese to accompany their official
correspondence with China with a Chinese translation, or to write in
Chinese.
The first and second articles are, without dispute, the most
interesting. They will probably be the subject of very exaggerated
commentaries in Europe, and the principles of a defensive and
offensive alliance against foreigners will perhaps be found there.
The knowledge of affairs, however, acquired on the spot, leads us to
believe that this is not so. The two powers have simply intended to
protect themselves against reciprocal hostilities in case of a war
between one of them and Europeans. This precaution has sufficient
reason in the threats so often made by the foreigners at Peking and
Yokohama, and in the numerous articles of the foreign newspapers in
the open ports, which have loudly declared that Europeans would seek
the alliance of one of these two powers against the other.
Up to its definite conclusion this treaty was kept profoundly secret
to protect it against outside intrigues. The copy that we have seen
had only the date of the 10th year of the reign of Tuntchji, (1871.)
We know now that it was concluded in the first half of November; at
least at this time the Japanese plenipotentiary had already left
China.
On the side of China the negotiations were conducted by
Li-hung-chang, governor-general of the province of Pé-tchi-li, and
whose full title is as follows: “Li-hung-chang, extraordinary
commissioner and plenipotentiary, charged with the affairs of
commerce, taï-tzy-taï-bao, (tutor of the heir
to the throne,) vice-chancellor, minister of war, governor-general
of the province of Pe-tchi-li, decorated with the title of Baron,
sou-i, (i. e.,
firm and valiant,) of the first class.” The interests of Japan were
intrusted to J-da, envoy extraordinary and minister plenipotentiary,
dignitary of the second class, minister of finance.
The following is a summary of each of the seventeen articles of this
treaty which inaugurates diplomatic relations between China and
Japan:
Article 1 establishes that there shall henceforth reign between the
two states, and between the countries which are subject to them, a.
perfect friendship and agreement. (Corea being in a certain degree a
vassal of China, this article seems intended to guarantee it against
Japan.)
Article 2 says, among other things, that if a foreign power commits
an injustice or an act of contempt toward one of the contracting
parties, the other party is obliged to interpose actively its good
offices to re-establish peace and good understanding.
Article 3 forbids the two governments to interfere in the internal
affairs of their neighbor, or to demand the abrogation or
modification of measures it shall have deemed fit to take. On the
contrary they ought to lend each other mutual aid, and to enjoin on
the merchants who are their subjects never to excite the inhabitants
to disobey the laws of their country.
Article 4 grants to the two contracting parties the right of sending
to the respective capitals, ministers plenipotentiary, either
permanent or on special missions, and each government will pay
itself the traveling expenses of its representative.
Article 5 establishes rules of etiquette and parity to be observed in
the relations of the two representatives with the officials of the
power near which they are accredited.
By article 6, the correspondence between the two states will be
written, on the part of China, in the Chinese language, and on the
part of Japan, in Japanese, with a Chinese translation, or only in
Chinese.
Article 7 stipulates that after the conclusion of the present treaty,
each party will designate points on the shores of the two states
where the respective subjects can trade. At the same time commercial
regulations will be drawn up which will be obligatory on both
nations.
By articles 8 and 9 the two governments will have the right to name,
in all the ports open to their commerce, consuls charged with
looking after the affairs of their fellow-citizens. The consuls will
examine all differences according to the laws of their country. In
case of dispute between merchants of the two nations, the consuls
will try to reconcile the two parties, and arrange their difference
a l’amiable. If their efforts are
unsuccessful they will inform the local authorities, and with them
will try to come to a decision. In the ports where the post of
consul shall not yet have been created, the respective subjects
accused of crime shall be arrested by the local authorities, who
will immediately submit the whole affair to the decision of the
consul of the nearest port.
[Page 486]
Article 10 permits the functionaries and merchants of the friendly
power, residing in the open ports, to take natives into their
service, on condition of always abstaining from exciting them
against their government, and that on the first summons they will
give them up to the local authorities.
Article 11 obliges merchants not to carry arms, not to abandon their
national costume, and not to change allegiance from interested
motives.
Article 12 relates to the extradition of criminals, who will be
pursued and given up on the first summons of the authorities of the
friendly power.
Article 13 provides for the case where the subjects of one of the
powers come to form bands on the territory of the other power, in
order to devote themselves to any kind of reprehensible acts, to
brigandage and theft. The local authorities shall have the right of
killing, on the spot, the malefactors who oppose an armed resistance
to them. In the case where these bands shall be of more than ten
men, and shall pursue ends hostile to the government, foment
troubles and plot with the natives, the local authorities shall have
the right to seize them. After a preliminary inquest, in which the
respective councils shall be asked to take part, whenever these
regretable facts occur in a port, the guilty shall be punished with
death on the spot of the crime.
Article 14 permits the ships of war of the two nations to enter the
open ports, and forbids them access to the other ports,
river-mouths, and internal waters; an exception is admitted only in
case of shipwreck or damage.
Article 15 establishes that if one of the two contracting parties is
at war with any power, immediately after the declaration of war it
closes its ports to the commerce and ships of the other contracting
party. In the open ports and in the adjacent seas, Chinese and
Japanese ships will abstain from attacking nations with which they
are in hostile relations.
Article 16 forbids consuls to engage in commerce and to accept the
title of consuls of powers not having treaties with the contracting
parties. If one of the two governments has reason to be displeased
with a consul, it reports it to the representative, who immediately
appoints another consul.
Article 17 forbids the use of the respective flags to cover a
fraudulent commerce. It authorizes persons desirous of learning, to
buy all the books they need.
Finally, article 18 explains that this treaty is an act of mutual
confidence and friendship, the aim of which is to remove every
subject of distrust and misunderstanding between the two
nations.
