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No. 235.]

The Secretary of State to the Japanese Minister.

DEPARTMENT OF STATE, Washington, November 11, 1905. SIR: Your note of the 10th instant in regard to the refusal of the police authorities at Vladivostok to permit Japanese to land, has been received. In reply I take pleasure in saying that the substance of your note has been telegraphed to the American embassy at St. Petersburg with direction to instruct the consul at Vladivostok in the sense you suggest, and at the same time that the embassy shall advise the Russian Government of the complaint and of the explanation offered by the Japanese Government.

Accept, etc.,

ELIHU ROOT.

TREATIES CONCLUDED BY SWEDEN AND NORWAY WITH OTHER POWERS, AND THE DIPLOMATIC AND CONSULAR RELATIONS OF THOSE COUNTRIES WITH OTHER POWERS.

[NOTE. See under "Dissolution of the union between the Kingdoms of Sweden and Norway," p. 853.]

KOREA.

JAPANESE SUPERVISION OVER KOREAN FOREIGN AND ADMINISTRATIVE AFFAIRS.

No. 902.]

[NOTE. See same subject under Japan, p. 612.]

Minister Allen to the Secretary of State.

AMERICAN LEGATION, Seoul, Korea, May 30, 1905.

SIR: I have the honor to hand you inclosed a copy of the agreement recently concluded between the Governments of Japan and Korea whereby the former takes over the control and operation of all matters relating to posts, telegraphs, and telephones in Korea. * * I have, etc.,

HORACE N. ALLEN:

*

[Inclosure.] AGREEMENT.

The Imperial Governments of Japan and Korea, finding it expedient from the standpoint of the administration and finances of Korea, to rearrange the system of communications in that country, and, by amalgamating it with that of Japan, to unite the two systems into one common to the two countries, and having seen the necessity, with that object in view, of transferring the post, telegraph, and telephone services of Korea to the control of the Japanese Government, Hayashi Gonsuke, envoy extraordinary and minister plenipotentiary of Japan and I-hayeng, minister of state for foreign affairs of Korea, each invested with proper authority, have agreed upon and concluded the following articles:

ARTICLE I.

The Imperial Government of Korea shall transfer and assign the control and administration of the post, telegraph, and telephone services in Korea (except the telephone service exclusively pertaining to the department of the imperial household) to the Imperial Japanese Government.

ARTICLE II.

The land, buildings, furnitures, instruments, machines, and all other appliances connected with the system of communications already established by the Imperial Government of Korea shall, by virtue of the present agreement, be transferred to the control of the Imperial Japanese Government.

The authorities of the two countries acting together shall make an inventory of the land, buildings, and all other requisites mentioned in the preceding paragraph, which shall serve as evidence in the future.

ARTICLE III.

When it is deemed necessary by the Japanese Government to extend the communication system in Korea, they may appropriate land and buildings belonging to the state or to private persons, the former without compensation and the latter with proper indemnification.

ARTICLE IV.

In respect of the control of the communication service and the custody of the properties in connection therewith, the Japanese Government assume, on their own account, the responsibility of good administration.

FR 1905-40

625

The expenses required for the extension of the communication services shall also be borne by the Imperial Government of Japan.

The Imperial Government of Japan shall officially notify the Imperial Korean Government of the financial condition of the system of communications under their control.

ARTICLE V.

All appliances and materials which are deemed necessary by the Imperial Government of Japan for the control or extension of the system of communication shall be exempt from all duties and imposts.

ARTICLE VI.

The Imperial Government of Korea shall be at liberty to maintain the present board of communication, so far as such retention does not interfere with the control and extension of the services by the Japanese Government.

The Japanese Government in controlling and extending the services shall engage as many Korean officials and employees as possible.

ARTICLE VII.

In respect of the arrangements formerly entered into by the Korean Government with the governments of foreign powers concerning the post, telegraph, and telephone services the Japanese Government shall, in behalf of Korea, exercise the rights and perform the obligations pertaining thereto.

Should there arise in the future any necessity for concluding any new convention between the Government of Korea and the governments of foreign powers concerning the communication services, the Japanese Government shall assume the responsibility of concluding such convention in behalf of the Korean Government.

ARTICLE VIII.

The various conventions and agreements respecting the communication services hitherto existing between the Governments of Japan and Korea are naturally abolished or modified by the present agreement.

ARTICLE IX.

When in future, as the result of the general development of the communication system in Korea, there is some adequate profit over and above expenditures defrayed by the Japanese Government for the control and maintenance of the old services and for their extensions and improvements, the Japanese Government shall deliver to the Korean Government a suitable percentage of such profit.

ARTICLE X.

When in the future an ample surplus exists in the finance of the Korean Government, the control of their communication services may be returned, as the result of the consultation of the two governments, to the Government of Korea.

No. 9.]

Minister Morgan to the Secretary of State.

AMERICAN LEGATION, Seoul, Korea, July 31, 1905. SIR: I have the honor to inclose for your information a copy of the regulations recently published by the Japanese military administration in Korea with penalties for their violation; and with these the special regulations for the fortified zone of Yong Heung Bay (Port Lazareff), issued under Article VII of the above.

I have, etc.,

EDWIN V. MORGAN.

[Inclosure.]

REGULATIONS PUBLISHED BY THE JAPANESE MILITARY ADMINISTRATION IN KOREA, WITH PENALTIES FOR THE VIOLATION THEREOF.

I. As a safeguard against interference with the movements of the Japanese armies in Korea, the following regulations will hereafter be enforced.

II. Penalties for the violation of these regulations shall be as follows:

(a) Death by hanging.

(b) Imprisonment.

(c) Exile.

(d) The lash.

(e) Fine.

A prisoner may, by a single sentence, be condemned to suffer any one of the above penalties, except hanging, in combination with any other herein mentioned.

III. Imprisonment shall consist in confining the prisoner in a certain jail, with or without hard labor.

Exile shall consist in excluding the prisoner from a certain locality for a certain time. IV. Those convicted of the following offenses are liable to the sentence of death by hanging:

(a) The enemy's spies or those who have in any way assisted such spies.

(b) Those who report to the enemy the movements or dispositions of our troops, vessels of war, or military transports; who give information concerning our military lines of communication, the whereabouts of stores, or warehouses erected to facilitate the accumulation of weapons, ammunition, provisions, clothes, or other supplies; who divulge military secrets; who lead the enemy to such stores or warehouses; who have intentionally deceived or misled our forces, naval or military, or who have given or are giving any assistance to the enemy. (c) Those who assist in, either forcibly or otherwise, or connive at the escape of prisoners. (d) Those who destroy, burn, or steal military telegraphs, telephones, electric lights, railways, trams, carriages, boats, ships, military roads, bridges, buildings, warehouses, or the material therefor.

(e) Those who poison wells, rivers, or other sources of water supply.

(f) Those who destroy, burn, or steal military maps and books, weapons, ammunitions, provisions, clothes, or other supplies or military mails.

(g) Those who spread by word of mouth, in writing, or by means of pictures, rumors disadvantageous to our army.

(h) Those who interfere with our communications or transport.

(i) Those who prevent or resist our military requisitions.

(j) Those who interfere with our military activities or violate our military regulations.

V. Any offenses not included in the above will be punished in accordance with the laws of Japan or Korea.

VI. All persons who have actually committed, have connived at or instigated, or have had the intent to commit the above crimes shall be punished.

Those guilty of connivance at, assistance in, or in any way concerned in the commission of the above crimes shall be punished by imprisonment, exile, the lash, or fine, according to the gravity of the offense.

VII. Commanders of divisions, of the lines of communication, and of the fortified zones are authorized to issue such supplementary regulations as they may deem necessary. Under the provision of Article VII of the regulations published by the Japanese military administration in Korea, General Minoda, commander of the fortifications at Yong Heung Bay (Port Lazareff), has issued the following:

I. Any articles calculated to disturb, or which have been obtained in such a manner as to interfere with, the preservation of good order within the fortified zone will be confiscated by the authorities. In case the articles have been destroyed the offender shall be subject to a fine equivalent to their original value.

II. Any persons who without the permit of the commander or who have obtained such permission from him by fraudulent means commit the following acts shall be punished by military law:

(a) Entering military buildings or fortifications.

(b) Making surveys, photographs, or publishing books and maps of the fortifications. (c) Anchoring off the fortified zone.

(d) Rebuilding or making any alterations in dwellings, warehouses, or other buildings, or heaping articles in piles more than 5 feet in height within the fortified zone.

(e) Constructing or tampering with existing embankments or canals or laying out or changing the present location of cultivated lands.

(f) Felling timber or cutting bamboos or grass.

(g) Permitting stock to graze within the fortified zone.

III. The following acts shall be punished:

(a) Removal or destruction of wooden or stone boundary marks.

(b) Violation of military instructions.

(c) Interference with the preservation of good order within the fortified zone.

(d) Failure to report any violation of these regulations or connivance or assistance in the escape of persons guilty of these offenses.

IV. Any building erected, removed, or repaired in violation of the above regulations will be destroyed or removed by the owners at their own expense.

V. The head men of the villages within the fortified zone will constitute a committee for the prevention of the violation of these regulations and shall be held responsible for the observance thereof.

VI. All persons violating the above regulations are liable to trial by court-martial.

No. 14.]

Minister Morgan to the Secretary of State.

AMERICAN LEGATION,

Seoul, Korea, August 28, 1905.

SIR: I have the honor to inform you that the Korean maritime customs, hitherto a separate and independent bureau, will be placed shortly under the Korean ministry of finance, controlled by Mr. Megata, a Japanese subject, who occupies the position of financial adviser. Mr. McLeavy Brown, a British subject, the present chief commissioner of customs, has been superseded. The European commissioners of customs at the Korean ports and the members of the indoor staff, the majority of whom have been detached from the Chinese customs service, will probably resign, although they have been given the option of remaining, and their places will be filled by Japanese. The transfer of the customs was arranged yesterday at an audience accorded by the Emperor to the Japanese minister and Mr. Magata.

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AMERICAN LEGATION,

Seoul, November 17, 1905.

(Mr. Morgan reports that a programme has been laid before the Korean Emperor by Marquis Ito, who arrived here on the 9th instant as a special ambassador from Japan, which includes complete assumption of Korean foreign relations and supervision of her military and internal administration by Japan, and a Japanese resident-general at Seoul.)

Minister Morgan to the Secretary of State.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,

Seoul, November 18, 1905.

(Mr. Morgan reports that the Japanese minister has informed him that under the agreement between Japan and Korea," which was

a Agreement printed under Japan, p. 612.

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