Page images
PDF
EPUB

United States and Spain concluded at Paris on the tenth day of December, anno Domini eighteen hundred and ninety-eight, to become immediately available upon the exchange of the ratifications of said treaty, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of twenty million dollars.

Approved March 2, 1899.

(B)

LEASE OF KIAO-CHAU

(Blue Book China No. I (1899), p. 69)
Extract from the Reichsanzeiger" of April 29, 1898

[TRANSLATION] The following is the text of the treaty between the German Empire and China respecting the lease of Kiao-chau, which was received in Berlin on the 28th April, 1898:

The incidents connected with the Mission in the Prefecture of Tsao-chau-foo, in Shantung, being now closed, the Imperial Chinese Government consider it advisable to give a special proof of their grateful appreciation of the friendship shown to them by Germany. The Imperial German and the Imperial Chinese Governments, therefore, inspired by the equal and mutual wish to strengthen the bands of friendship which unite the two countries, and to develop the economic and commercial relations between the subjects of the two States, have concluded the following separate Convention :

ARTICLE I

His Majesty the Emperor of China, guided by the intention to strengthen the friendly relations between China and Germany, and at the same time to increase the military readiness of the Chinese Empire, engages, while reserving to himself all rights of sovereignty in a zone of 50 kilom. (100 Chinese li) surrounding the Bay of Kiao-chau at high water, to permit the free passage of German troops within this zone at any time, as also to abstain from taking any measures, or issuing any Ordinances therein, without

the previous consent of the German Government, and especially to place no obstacle in the way of any Regulation of the water-courses which may prove to be necessary. His Majesty the Emperor of China, at the same time, reserves to himself the right to station troops within that zone, in agreement with the German Government, and to take other military measures.

ARTICLE II

With the intention of meeting the legitimate desire of His Majesty the German Emperor, that Germany, like other Powers, should hold a place on the Chinese coast for the repair and equipment of her ships, for the storage of materials and provisions for the same, and for other arrangements connected therewith, His Majesty the Emperor of China cedes to Germany on lease, provisionally for ninety-nine years, both sides of the entrance to the Bay of Kiaochau. Germany engages to construct, at a suitable moment, on the territory thus ceded, fortifications for the protection of the buildings to be constructed there and of the entrance to the harbor.

ARTICLE III

In order to avoid the possibility of conflicts, the Imperial Chinese Government will abstain from exercising rights of sovereignty in the ceded territory during the term of the lease, and leaves the exercise of the same to Germany, within the following limits :

(1) On the northern side of the entrance to the bay:

The peninsula bounded to the northeast by a line drawn from the northeastern corner of Potato Island to Loshan Harbor.

(2) On the southern side of the entrance to the bay:

The peninsula bounded to the south west by a line drawn from the southwesternmost point of the bay lying to the south-southwest of Chiposan Island in the direction of Tolosan Island.

(3) The Island of Chiposan and Potato Island.

(4) The whole water area of the bay up to the highest watermark at present known.

(5) All islands lying seaward from Kiao-chau Bay, which may be of importance for its defense, such as Tolosan, Chalienchow, etc.

The High Contracting Parties reserve to themselves to delimitate more accurately, in accordance with local traditions, the boundaries of the territory leased to Germany and of the 50-kilom, zone round the bay, by means of Commissioners to be appointed on both sides.

Chinese ships of war and merchant-vessels shall enjoy the same privileges in the Bay of Kiao-chau as the ships of other nations on friendly terms with Germany; and the entrance, departure, and sojourn of Chinese ships in the bay shall not be subject to any restrictions other than those which the Imperial German Government, in virtue of the rights of sovereignty over the whole of the water area of the bay transferred to Germany, may at any time find it necessary to impose with regard to the ships of other nations.

ARTICLE IV

Germany engages to construct the necessary navigation signals on the islands and shallows at the entrance of the bay.

No dues shall be demanded from Chinese ships of war and merchant-vessels in the Bay of Kiao-chau, except those which may be levied upon other vessels for the purpose of maintaining the necessary harbor arrangements and quays.

ARTICLE V

Should Germany at some future time express the wish to return Kiao-chau Bay to China before the expiration of the lease, China engages to refund to Germany the expenditure she has incurred at Kiao-chau, and to cede to Germany a more suitable place.

Germany engages at no time to sublet the territory leased from China to another Power.

The Chinese population dwelling in the ceded territory shall at all times enjoy the protection of the German Government, provided that they behave in conformity with law and order; unless their land is required for other purposes they may remain there.

If land belonging to Chinese owners is required for any other purpose, the owner will receive compensation.

As regards the reëstablishment of Chinese customs stations which formerly existed outside the ceded territory, but within the 50-kilom. zone, the Imperial German Government intends to come to an agreement with the Chinese Government for the definitive regulation of the customs frontier, and the mode of collecting customs duties, in a manner which will safeguard all the interests of China, and proposes to enter into further negotiations on the subject.

The above Agreement shall be ratified by the Sovereigns of both the Contracting States, and the ratifications exchanged in such manner that, after the receipt in Berlin of the Treaty ratified by China, the copy ratified by Germany shall be handed to the Chinese Minister in Berlin.

The foregoing Treaty has been drawn up in four copies, two in German and two in Chinese, and was signed by the Representatives of the two Contracting States on the 6th March, 1898, equal to the fourteenth day of the second month in the twenty-fourth year Kuang-hsü.

(Great Seal of the Tsung-li Yamên.) The Imperial German Minister, (Signed) BARON VON HEYKING.

LI HUNG-CHANG (in Chinese),

Imperial Chinese Grand Secretary, Minister

of the Tsung-li Yamên, &C., &c.
WENG TUNG-HO (in Chinese),

Imperial Chinese Grand Secretary, Member
of the Council of State, Minister of the
Tsung-li Yamên, Soc., &c.

CHARTER GERMAN COLONIZATION SOCIETY

(Hertslet, Map of Africa by Treaty, 2d Ed., I, 303)

Charter of Protection granted to the German Colonization Society, for certain Acquisitions of Territory made by it on the South East Coast of Africa between the Territory of the Sultan of Zanzibar and Lake Tanganyika. Berlin, 17th February, 1885.

[TRANSLATION] His Majesty the Emperor has been graciously pleased to address the following Imperial “ Charter of Protection” to the Society for German Colonization for their territorial acquisitions in East Africa:

“We, William, by the Grace of God German Emperor, King of Prussia, make known and ordain as follows:

[ocr errors][merged small]

“The present Presidents of the Society for German Colonization, Dr. Karl Peters and our Chamberlain Felix, Count Behr-Bandelin, having sought our protection for the territorial acquisitions of the Society in East Africa, west of the Empire of the Sultan of Zanzibar, and outside of the suzerainty (Oberhoheit ') of other Powers, and the Treaties lately concluded by the said Dr. Karl Peters with the Rulers of Usagara, Nguru, Useguha, and Ukami in November and December last, by which these territories have been ceded to him for the German Colonial Society with sovereign rights (Landeshoheit ') over the same, having been laid before us, with the Petition to place these territories under our suzerainty, we hereby declare that we have accepted the suzerainty, and have placed under our Imperial protection the territories in question, reserving to ourselves a right of deciding hereafter respecting any further acquisitions in the same district which may be proved to have been obtained by legal contract by the Society or by their legitimate successors.

“We grant unto the said Society, on the condition that it remains German, and that the members of the Board of Directors or other persons intrusted with its management are subjects of the German Empire, as well as to the legitimate successors of this Society under the same conditions, the authority to exercise all rights arising from the Treaties submitted to us, including that of jurisdiction over both the natives and the subjects of Germany and of other nations established in those territories, or sojourning there for commercial or other purposes, under the superintendence of our Government, subject to further regulations to be issued by us, and supplementary additions to this, our Charter of Protection.

“In witness whereof we have with our Royal hand executed this Charter of Protection, and have caused it to be sealed with our Imperial seal. “Given at Berlin the 17th February, 1885.

6 WILLIAM. “ V. BISMARCK.”

FRENCH PROTECTORATE OVER MADAGASCAR

(Foreign Relations of the U. S., 1886, p. 300) The Governments of the French Republic and of Her Majesty the Queen of Madagascar, wishing to prevent forever the renewal

« PreviousContinue »