No. 374.
Mr. Schuyler to Mr. Fish.

No. 166.]

Sir: The Peking correspondent of the Journal de St. Pétersbourg, who is usually very well informed, and has access to sources of intelligence not open to all the world, in a letter dated January 27, gives an abstract of a very important treaty that has just been concluded between China and Japan. I learn that a copy of the treaty has been received here, at the foreign office, and that the abstract is correct in the main. Thinking that possibly you may not yet have seen this interesting document, I inclose, herewith, a copy of the letter from Peking, with an English translation.

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,

EUGENE SCHUYLER,
Chargé d’Affaires ad int.
[Page 485]
[Inclosure.]

[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.