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[Inclosure 3.]

No. 208.1

Chargé Wilson to the Minister for Foreign Affairs.

AMERICAN LEGATION,

Tokyo, January 24, 1906. MONSIEUR LE MINISTRE: In reiterating the request contained in this legation's note No. 204, of the 13th instant, that permits to visit Port Arthur and Dalny be issued to Mr. C. Neilsen, representing the American firm of Clarkson & Co., and to Messrs. S. Friede and W. Toritch, with the minimum possible delay, I have the honor to add the request that such a permit be similarly issued to Mr. W. E. Dunn, representing the American Trading Company.

Your excellency's note No. 6, of yesterday, the receipt of which I now have the honor to acknowledge, mentions certain data required by the war department as a preliminary to the issuance of such permits. With regard to these particulars I have the honor to refer your excellency to this legation's notes Nos. 116, of February 21, 1905; 122, of March 3, 1905; 160, 161, 162, and 163, of August 3, 1905; and to a memorandum of the last-mentioned date, with which were transmitted lists of properties belonging to Messrs. Clarkson & Co., the American Trading Company, and Mr. Toritch.

In the case of Mr. Friede, his property left at Port Arthur consists in large measure of valuable documents and private papers, a detailed list of which is not available.

I seize this opportunity, etc..

HUNTINGTON WILSON.

[Inclosure 4. -Translation.]

The Minister for Foreign Affairs to Chargé Wilson.

TOKYO, January 26, 1906.

SIR: Concerning the regulations issued on the 21st instant by the governorgeneral of Kwantung for controlling travelers proceeding to Port Arthur and other places for the purpose of examining, carrying away, etc., their properties, I beg leave to refer you to Article I of the same, which reads, "Those who proceed to Dalny or Port Arthur bearing the permits issued by the war department," as a special arrangement has been made by this department with the military authorities for the sake of those who are now in distant places outside of Japan. In case any of those travelers should desire to proceed direct to Dalny or Port Arthur, without coming to Japan, on account of his staying in a distant place outside of Japan, the war department shall notify the civil governor of Kwantung by telegram as soon as a permit is issued for the applicant. For the sake of convenience the military authorities at Dalny or Port Arthur are to permit his landing on the strength of the telegraphic notification referred to. As to the copy of the permit required in connection with the application mentioned in Article II of these regulations, it shall be presented to the military authorities by the applicant upon its receipt. The above arrangement has been agreed upon by the war department and the governor-general of Kwantung, and I hereby have the honor to inform you of the result of consultations between the authorities concerned.

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SIR: I beg to acknowledge the receipt of your note No. 208, dated January 24, relating to the application for permitting Mr. C. Nielsen, representative of Clarkson & Co., and three other gentlemen to go to Port Arthur. The minister of war, to whom the matter was referred, has issued three permits for Messrs. C. Nielsen, E. Dunn, and W. Toritch, and I have the honor herewith to forward them to you. I also beg to inform you that Mr. Friede's application can not be granted unless he sends in an itemized statement for application, concerning

which I beg to refer you to my note No. 6, dated January 24, as he states that he intends merely to go to Port Arthur for the purpose of searching some important documents. As to Mr. Friee's case, I wish to say that I am repeating the statement of the authorities concerned.

I have, etc.,

ΚΑΤΟ,

Minister for Foreign Affairs.

P. S.—The authorities concerned have sent a telegram to the civil governor's office at Dalny concerning the permission granted to the three gentlemen whose names are mentioned in the body of this note. It is therefore to be understood that there will be no trouble now for them to proceed to the places they wish to go to.

[Inclosure 6.-Translation.]

The Minister for Foreign Affairs to Chargé Wilson.

TOKYO, January 31, 1906.

SIR: In reply to your communication concerning the application for permitting Mr. W. S. Friede, a citizen of your country, to go to Port Arthur and Dalny, I addressed you an informal note dated the 29th instant. I have, however, received a permit for him from the war department, and I have the honor herewith to forward it to you. The minister of war states that in issuing the permit a special arrangement has been made for the present case, as you said that the documents for the application would be presented in accordance with the regulations. As to the documents in question, I wish to request you to present them as soon as possible, for the forms of which I beg to refer you to my note No. 6, dated January 23. The minister of war also states that the arrangement made by the authorities in dealing with the present case is due to a special favor, and it is to be understood that it shall not be regarded as a precedent for cases of similar nature.

I have, etc.,

KATO, Minister for Foreign Affairs.

POSTBELLUM ARRANGEMENTS BETWEEN THE JAPANESE AND RUSSIAN FORCES.

No. 447.]

Chargé Wilson to the Secretary of State.

AMERICAN LEGATION,
Tokyo, May 4, 1906.

SIR: For your information I have the honor to transmit herewith a translation of the memorandum relating to the crossing of the neutral zone between the Japanese and Russian forces in Manchuria, signed October 30, 1905, to which allusion was made in the legation's dispatch No. 437 of the 12th ultimo.

A translation of the protocol of procedure for the withdrawal of troops from Manchuria and the transfer of railways, signed October 30, 1905, is likewise inclosed.

I have, etc.,

HUNTINGTON WILSON.

[Inclosure 1.-Translation.]

MEMORANDUM RELATING TO THE CROSSING OF THE NEUTRAL ZONE BETWEEN THE JAPANESE AND RUSSIAN ARMIES.

In the signing this day the protocol concerning the procedure in withdrawing from Manchuria the troops of the respective armies, the representatives of the commander in chief of the Japanese and Russian armies in Manchuria have made the following agreement:

Owing to the inconvenience caused by the entrance within the localities where the respective armies are stationed of persons who are not connected

Printed in Correspondence with China, p. 178.

with either army, the passage from the locality of one army to that of the other, except by the inhabitants of the said districts, shall not be permitted without the mutual consent of the military authorities of the respective armies. In order to keep the respective armies in touch with each other respecting the permission referred to, each army shall designate a special headquarters for issuing permits for travelers within the locality of the other army. In granting the said permits the consent of the headquarters of the army to which the traveler is going must also be obtained in each individual case. For the present the headquarters referred to shall be located at the general headquarters of the respective armies. Any change of location that may hereafter take place shall be notified by each to the other.

YASUMASA FUKUSHIMA, Major-General, of the Staff of the Japanese Army in Manchuria. OLANOVSKY, Major-General, Second in Command of the Staff of the Russian Army in Manchuria. SZ-PING-KAI RAILWAY STATION,

October 30 (17), 1905.

[Inclosure 2.-Translation.]

PROTOCOL OF THE PROCEDURE IN WITHDRAWING TROOPS OF THE JAPANESE AND THE RUSSIAN ARMIES FROM MANCHURIA AND TRANSFERRING THE RAILWAYS.

ARTICLE I.

The following agreement has been concluded in accordance with the supplementary agreement relating to Article III of the treaty of peace between Japan and Russia at Portsmouth on September 5 of this year (August 23).

1. The Japanese troops occupying the front positions in Manchuria shall be withdrawn within the zone of Fakumen, Chinchiatung, Changtu, Weiynanpaomen, and Fushun by December 31 (18), 1905.

The Russian troops occupying the front positions in Manchuria shall be withdrawn within the zone of Itunchou, Yekhotieum Weitzukou, Pamiencheng, and Shanchengtzu by the same date.

2. By June 1 (May 19), 1906, the Japanese troops shall be withdrawn to the line of Fakumen, Tieling, and Fushun, and to the south thereof; and the Russian troops to the line of Shanchentzu, Kungchunglieng Railway Station, Itunchon, and to the north thereof.

3. By August 1 (July 19), 1906, the Japanese troops shall be withdrawn to the line of Hsinmintun, Mukden, and Fushun, and to the south thereof; and the Russian troops to the line of Shanhotun, Kuanchengtzu, and Palipu, and to the north thereof.

4. Neither of the two contracting powers shall have more than 250,000 combatants in Manchuria after April 15 (2), or 75,000 after October 15 (2), 1906. Both contracting powers are required to complete the withdrawal of their troops by April 15 (2), 1907.

5. In accordance with supplementary agreement 1 to the treaty of peace the number of guards to protect their respective railways in Manchuria shall be 15 per kilometer on the average.

ARTICLE II.

For the purpose of transferring the railways each of the two contracting powers shall appoint a commission consisting of three persons selected from officers and experts belonging to the section of military communication.

The said commission shall commence its work between April 10 and 20, 1906 (new calendar); and the place and time of meeting shall be determined later. The transfer and receiving of railways south of Kuanchengtzu Station and those at Kuanchengtzu Station, as well as north thereof, shall be completed before June 1 (May 19), 1906, and August 1 (July 19), 1906, respectively.

The determination of the extreme northern point of the railways to be transferred to Japan shall be left to diplomatic negotiations.

The undersigned, having been duly empowered by the commander in chief of the Japanese and Russian armies, hereby certify that they have made this

protocol in duplicate in both the Japanese and the Russian languages, and that each side keeps a text each in the Japanese and the Russian languages. Done at Sz-ping-gai Railway Station on October 30 (17), 1905.

YASUMASA FUKUSHIMA,

Major-General of the Staff of the Japanese Army in Manchuria.

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SIR: I have the honor to acknowledge the receipt of the department's telegram received the 28th ultimo, directing me to forward a copy of certain regulations governing a naval armistice arranged between the Japanese and Russian admirals last September.

In order that the department might, if desired, immediately secure a translation of the protocol of naval armistice signed September 18, 1905, I have had the honor to call attention to the fact that a copy thereof was sent to the Navy Department in October. A translation made at the legation is submitted herewith.

At the same time I have the honor to forward with the present dispatch a translation of the protocol of military armistice, which was signed on September 14, 1905.

I have, etc.

HUNTINGTON WILSON.

[Inclosure 1.-Translation.]

PROTOCOL OF NAVAL ARMISTICE.

[From Official Gazette of September 22, 1905.]

In order to determine the terms of the armistice in accordance with Article V of the Japanese-Russian protocol of armistice, Rear-Admiral Shimamura, representative of Admiral Togo, commander in chief of the combined fleet, with a part of the fleet, met the squadron_under Rear-Admiral Essen, representative of the Russian navy, outside the port of Rajinpho on the 18th of September and agreed upon the following sea areas of the naval armistice: Agreement concerning the determination of the sea area of the naval armistice. The undersigned, Rear-Admiral Shimamura and Rear-Admiral Essen, having been duly empowered by the commanders in chief of their respective squadrons, have concluded the following agreement:

Along the coasts of the belligerent powers the sea area shall be defined as follows, viz: The line of demarcation shall start at Rogeonaff Cape and shall run 30 nautical miles to southeast, connecting the points at north latitude 42° and east longitude 136°, north latitude 46° and east longitude 140°, north latitude 48° and east longitude 141° north latitude 50° and east longitude 141° 23', north latitude 51° 48′ and east longitude 141° 23'. The narrowest part of Mamiya Strait-that is, from the last-named point to the point at north latitude 53° 27' and east longitude 141° 27.5'-shall be a neutral zone. The line of demarcation shall start again from the point at north latitude 53° 27' and east longitude 141° 27.5', and pass through the points at north latitude 56° and east longitude 142°, north latitude 56° and east longitude 148°, and the middle point of Shumushu Strai (Strait of La Perouse), joining the parallel of north latitude 50° 50'.

The narrowest part of Mamiya Strait shall be a neutral zone.

Not printed.

The navies of the belligerent powers shall not cross the lines of demarcation indicated above.

This agreement shall take effect from the day of its signature and shall be in force during the period of armistice.

In witness whereof the respective representatives have signed their names to this protocol.

SEPTEMBER 18, 1905.

SHIMAMURA, Rear-Admiral.
ESSEN, Rear-Admiral,

Apart from the above agreement, since the inhabitants of Kamchatka Peninsula are short of provisions and might starve to death on account of the closing of maritime communication two weeks hence, Rear-Admiral Shimamura has complied with the urgent request of Rear-Admiral Essen that permission be given to dispatch immediately from Vladivostok to Petropavlovsk a transport laden with foodstuffs and daily necessaries for the purpose of relieving the inhabitants of Kamchatka in accordance with the dictates of humanity, and he has issued a special permit, as the time is extremely short.

[Inclosure 2.-Translation.]

PROTOCOL OF MILITARY ARMISTICE.

[From Official Gazette of September 15, 1905.]

The commander in chief of the Manchurian armies has issued an order to-day (September 14) concerning the armistice between the Japanese and Russian armies in Manchuria, the substance of which is as follows:

ORDER.

I. At 10 a. m. yesterday, September 13, the commissioners of the Japanese and Russian armies for determining the condition of armistice held a conference at Shahotsz (about 5 miles north of Changtu Railway Station), and at 7.20 p. m. of the same day signed the following protocol of armistice, consisting of five articles:

ARTICLE 1. Fighting shall be suspended throughout Manchuria.

ART. 2. The district, indicated on the accompanying maps exchanged together with this protocol, lying between the first lines of the Japanese and Russian armies shall be the dividing zone.

ART. 3. No persons having any relation with either army shall be allowed to enter the dividing zone on any pretense.

ART. 4. The road from Swangmiaotsz to Shahotsz shall be common to both armies.

ART. 5. This protocol shall take effect from noon of September 5 (Russian calendar), 1905, or the sixteenth day of the ninth month of the thirty-eighth year of Meiji.

II. The respective armies shall carry out the terms of the armistice in accordance with this protocol by noon of the 16th at latest.

EXCHANGE OF PRISONERS OF WAR.

[Continued from Foreign Relations, 1905. pp. 599-610.]

The Acting Secretary of State to the Japanese Chargé.

DEPARTMENT OF STATE, Washington, January 31, 1906. MY DEAR MR. CHARGE: On the 30th instant the department received the following telegram from the American ambassador to Russia:

In reference to your cable of 25th, chief of the staff repeated telegram to Linievitch on the 26th. Only since 27th have communications been received by telegram direct and uninterrupted from Vladivostok and Linievitch. Will see Count Lamsdorff again to-morrow.

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