The Peace of Portsmouth, September 5, 1905 Author(s): Iutaro Komura, K.

Takahira, Sergius Witte Reviewed work(s): Source: The American Journal of International Law, Vol. 1, No. 1, Supplement: Official Documents (Jan., 1907), pp. 17-22 Published by: American Society of International Law Stable URL: http://www.jstor.org/stable/2212335 . Accessed: 24/12/2011 05:56
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In case neitherof the high contracting parties should have notified twelve monthsbeforethe expirationof the said ten yearsthe intention of ofterminating it shall remainbinding it, untilthe expiration one year from the day on whicheitherof the highcontracting partiesshall have denouncedit. But if when the date fixedfor its expirationarrives continue eitherally is actuallyengagedin warthe allianceshall ipso facto untilpeace is concluded. In faithwhereof undersigned, the dulyauthorizedby theirrespective and have affixed thereto their governments, have signedthisagreement seals. Done in duplicateat London,the 12thday ofAugust,1905. His BritannicMajesty'sPrincipalSecretary ofStateforForeignAffairs. EnvoyExtraordinary MinisterPlenipoand tentiary His Majesty theEmperorof of Japan at theCourtofSt. James. The Peace of Portsmouth, September 1905.1 5, His Majesty,the Emperorof all the Russias, on the one hand, and His Majesty,the Emperorof Japan,on the otherhand,beinganimated of and the by the desireto restore benefits peace fortheircountries their peoples,have decidedto concludea treatyof peace and have appointed forthis purposetheirplenipotentiaries, wit: to His Majestythe Emperorof RussiaHis Excellency,Mr.SergiusWitte,his secretary state and president of ofthe committee ministers the EmpireofRussia, and of of His Excellency,Baron Roman Rosen, masterof the Imperial Court of Russia and his ambassadorextraordinary plenipotentiary the and to UnitedStates ofAmerica; And His Majesty,the EmperorofJapanHis Excellency,Baron Komura Iutaro,Iusammi,knight the Impeof rial Orderofthe RisingSun, his minister foreign of affairs, and His Excellency,Mr. Takahira Kogoro,lusammi,knight the Impeof rial Orderof the Sacred Treasure,his envoyextraordinary minister and plenipotentiary the UnitedStates ofAmerica; to Who, afterhaving exchangedtheirfull powers,found in good and due form, concluded following the articles:
1UnitedStates: ForeignRelations,1905,p. 824. [L. S.] TADASU HAYASHI, [L. S.] LANSDOWNE,

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beI. There shall be in the future peace and friendship of all the Russias and the Emtween Their Majesties the Emperor nationsand subjects. perorof Japan,as wellas betweentheirrespective ofRussia, recognizing that Japan The ImperialGovernment ART. II. and economicinterestsin Korea, political,military, has predominant obstaclesin the way of any measureof or agreesnot to interfere place whichthe Imperial Government and supervision direction, protection, to adopt in Korea. ofJapanmay deemnecessary Korea shall be treatedin exactly It is agreedthat Russian subjectsinr that is, that of otherforeign countries; the same manneras the citizens shall be placed on the same footingas the citizensof the mostthey favorednation. It is likewiseagreed that, in orderto avoid any cause of misunderfromadopting, partiesshall refrain standing,the two high contracting any militarymeasures which might on the Russo-Korean frontier, of menace the security the Russian or Koreanterritory. ART. III. Russia and Japan mutuallyengage: withthe evacuate Manchuria, and simultaneously 1. To completely over whichthe lease ofthe peninsulaof Liaoexceptionofthe territory of tung extends,in accordancewiththe provisions additionalArticleI and annexedto thistreaty, to restore the exclusiveadministration and 2. To entirely completely now occupiedby Russian and Japanese of China all partsof Manchuria withtheexceptionof the aboveor troops, whichare undertheircontrol, territory. mentioned of The ImperialGovernment Russia declaresthat it has no territorial of in or advantagesor preferential exclusiveconcessions Manchuria such of the a natureas to impair sovereignty Chinaor whichare incompatible of withthe principle equal opportunity. ART. IV. Russia and Japan mutually pledge themselves not to whichapplyequallyto place any obstaclein the way ofgeneralmeasures of all nationsand whichChina mightadopt forthe development comin merceand industry Manchuria. of ART. V. The Imperial Government Russia cedes to the Imperial of of of Government Japan,withthe consent the Government China,the and terof lease of Port Arthur, Talien, and ofthe adjacent territories connected and as privileges, concessions ritorial waters, wellas therights, and it likewise cedes to the part thereof, with this lease or forming within of ImperialGovernment Japanall the public worksand property lease extends. over whichthe above-mentioned the territory the engageto obtainfrom GovThe highcontracting partiesmutually clause. in of ernment Chinathe consentmentioned the foregoing
ARTICLE

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of The ImperialGovernment Japangiveson its partthe assurancethat the propertyrightsof Russian subjects withinthe above-mentioned territory shall be absolutelyrespected. itself yield to of ART. VI. The ImperialGovernment Russia obligates of and to the Imperial Government Japan,withoutcompensation with the the consentof the ChineseGovernment, Chan-chun(Kwan-Chienwith all the rights, Railroad and all its branches, Tsi) and Port Arthur thisregion, well as belongingwithin thereunto privileges, and property to as all the coal minesin said regionbelonging this railroad or being operatedforits benefit. to mutually pledgethemselves obtain The two highcontracting parties in the fromthe Chinese Government consentmentioned the foregoing clause. ART. VII. Russia and Japan agree to operate theirrespectiverailand industrial purposesexclusively, for roads in Manchuria commercial purposes. but by no meansforstrategic does not apply to the railroadswithin It is agreedthat thisrestriction coveredby the lease of the Liao-tungpeninsula. the territory of ART.VIII. The Imperial Governments Russia and Japan,witha shall conclude,as viewto favoring relationsand traffic, and facilitating soon as possible,a separate conventionto governtheir operationsof repairon the railroadsin Manchuria. ART. IX. The ImperialGovernment Russia cedes to the Imperial of the and fullsovereignty, southern Government Japan,in perpetuity of part of the island of Saghalin, and all the islands adjacent thereto,as theresituated. The fiftieth well as all the public worksand property parallel of northlatitudeis adopted as the limitof the ceded territory. in shall be determined accordThe exact boundaryline ofthisterritory of ance withthe provisions additionalArticleII annexedto thistreaty. within theirrespecagreenot to construct Japanand Russia mutually on tive possessions the islandofSaghalin,and the islandsadjacent therework. They likewisemutually to, any fortification similarmilitary or measures whichmighthinderthe free agree not to adopt any military navigationofthe Straitsof La Perouse and Tartary. the ART. X. The rightis reservedto Russian subjects inhabiting and return their to ceded to Japan to sell theirreal property territory they to country;however,if they prefer remainin the ceded territory, shall be guardedand protectedin the fullenjoymentof theirproperty providedthey submitto the rightsand the exerciseof theirindustries liberty withto of laws and jurisdiction Japan. Japanshallhave perfect all from inhabitants in laboring drawthe rightofresidence thisterritory

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this or incapacity, to deportthemfrom underpoliticalor administrative rights to respecttheproperty however, fully territory. It pledgesitself, oftheseinhabitants. with ART. XI. Russia obligates itself to reach an understanding rightsalong the Japan in orderto grant to Japanese subjects fishing coast of the Russian possessionsin the Seas of Japan, Okhotsk,and Bering. shall not impairthe obligation It is agreed that theabove-mentioned subjectsin these regions. to alreadybelonging Russian or foreign rights and navigationbetweenRussia ART. XII. The treatyof commerce and Japanhavingbeen annulledby the war,the Imperial Governments relaof Russia and Japanagreeto adopt as a basis fortheircommercial and navigation tions,untilthe conclusionof a new treatyof commerce on the basis ofthe treatyin forcebeforethe presentwar,the systemof import nation,including of on reciprocity the principle the mostfavored transitand tonnage dues, formalities, custom-house and exporttariffs, and the admissionand treatmentof the agents, subjects, and vessels of in of one country the territory the other. treatytakes effect, ART.XIII. As soon as possibleafterthe present of all prisoners war shall be mutuallyreturned. The ImperialGovernmentsof Russia and Japan shall each appoint a special commissioner in to take chargeof the prisoners. All prisoners the custodyof one of of shall be deliveredto the commissioner the other the governments who or government to his duly authorizedrepresentative, shallreceive them in such numberand in such suitable ports of the surrendering of in nation as the lattershall notify advance to the commissioner the nation. receiving of The Governments Russia and Japan shall presentto each other, of has the as soonas possibleafter delivery the prisoners been completed, made by themrespectively account ofthe directexpenditures a verified from the date of capture forthe care and maintenanceof the prisoners untilthe date of theirdeath or return. Russia agrees to or surrender the to refund Japan,as soon as possibleafter exchangeoftheseaccounts, betweentheactual amountthusspent the as above stipulated, difference expendedby Russia. by Japanand the actual amountlikewise by Their Majesties ART. XIV. The presenttreatyshall be ratified the Emperorofall the Russias and the EmperorofJapan. This ratification shall, withinthe shortestpossibletime and at all events not later the date of the signatureof the treaty,be notified than fifty days from of through to the ImperialGovernments Russia and Japan,respectively, and the ambassador of the United States of Americaat St. Petersburg

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and afterthe date ofthe last of the minister France at Tokyo,and from ofthesenotifications treatyshall enterintofullforcein all its parts. this The formal shall take place at Washingexchangeofthe ratifications ton as soon as possible. ART. XV. The presenttreaty shall be signed in duplicate,in the French and English languages. The two texts are absolutelyalike; the of however,in case of difference interpretation French text shall prevail. In witnesswhereof respectiveplenipotentiaries the have signedthe presenttreatyof peace and affixed theretotheirseals. Done at Portsmouth, New Hampshire, twenty-third ofAugust the day of [fifth September]of the year one thousand nine hundredand five, to corresponding the fifth day of the ninthmonthof the thirty-eighth year of Meiji. K.
IUTARO KOMURA.
TAKAHIRA.

[L. S.]
[L. S.]

of withthe provisions ArticlesII and IX ofthe treaty In conformity of peace betweenRussia and Japan under this date, the undersigned plenipotentiaries, have concludedthe following additional articles: I. To ArticleIII: of The Imperial Governments Russia and Japan mutuallyagree to of from territory Manforces the of beginthe withdrawal theirmilitary and immediately afterthe entranceinto forceof churiasimultaneously the treatyof peace; and withina period of eighteenmonthsfromthis date the armies of the two powers shall be entirelywithdrawn from of Manchuria,withthe exceptionof the leased territory the peninsula ofLiao-tung. The forcesof the two powersoccupyingadvanced positionsshall be first. withdrawn The high contracting parties reservethe rightto maintain guards of railroadlinesin Manchuria. forthe protection theirrespective The numberof these guards shall not exceed 15 men per kilometer, and withinthe limitof this maximumnumberthe commanders the of fix Russian and Japanesearmiesshall,by mutualagreement, thenumber thisnumberbeingas low as possible of guardswho are to be employed, and in accordancewithactual requirements. The commanders the of in shall reachan understanding Russian and Japaneseforces Manchuria all regarding the details connectedwiththe evacuation,in conformity and shall, by mutualagreewiththe principlesherein above set forth,

SERGIUS WITTE. ROSEN.

[L. S.] [L. . S]

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to ment,adopt the measuresnesessary carryout the evacuationas soon as possible and at all events withina period not exceedingeighteen months. II. To ArticleIX: a As soon as possibleafterthe presenttreatytakes effect, boundary appointedrespecof composedof an equal number members commission partiesshall markon the spot and in tivelyby the two highcontracting mannerthe exact line betweenthe Russian and Japanese a permanent shall be obliged, on possessions the islandof Saghalin. The commission to as far as topographicalconditionspermit, followthe 50th parallel and in case any deviations latitudeforthe line of demarcation, ofnorth shall fromthis line are foundnecessaryat certainpointscompensation deviationsat otherpoints. by be made therefor makingcorresponding to It shall also be the dutyofsaid commission preparea listand description of the adjacent islands which are comprisedwithinthe cession, shall prepare and sign maps showingthe and finallythe commission shall boundariesof the ceded territory. The labors of the commission parties. to be submitted the approval ofthe highcontracting as shall be considered hereinabove The additionalarticlesmentioned of by beingratified the ratification the treatyofpeace, to whichtheyare to Portsmouth,August 23 [September5], 1905, corresponding the and 38thyearof Meiji. 5th day, 9th month,
IUTARO KOMURA. TAKAHIRA. SERGIUS WITTE.

annexed.

K.

ROSEN.

ForeignFishing Vessels. respecting An Act ofNewfoundland (Passed June 15, 1905). the Be it enacted by the Governor, LegislativeCounciland House of in Assembly, LegislativeSession convened,as follows: 1. Any Justice of the Peace, Sub-collector, Preventive Officer, vessel fishing Wardenor Constable,maygo on boardany foreign Fishery in any porton the coasts ofthisIsland, or hovering British beingwithin waterswithinthreemarinemiles of any of the coasts, bays, creeksor vessel into fishing harboursin this Island, and may bringsuch foreign port, may search her cargo and may examine the master upon oath touchingthe cargo and voyage; and the masteror personin command