Empire of Japan. By virtue of that important act, which shall take effect on its promulgation on the 29th of August, 1910, the Imperial Government of Japan undertake the entire government and administration of Korea and they hereby declare that matters relating to foreigners and foreign trade in Korea shall be conducted in accordance with the following rules: 1. Treaties hitherto concluded by Korea with foreign powers ceasing to be operative, Japan's existing treaties will, so far as practicable, be applied to Korea. Foreigners resident in Korea will, so far as conditions permit, enjoy the same rights and immunities as in Japan proper, and the protection of their legally acquired rights, subject in all cases to the jurisdiction of Japan. The Imperial Government of Japan are ready to consent that the jurisdiction in respect of cases actually pending in any foreign consular courts in Korea at the time the treaty of annexation takes effect shall remain in such courts until final decision. 2. Independently of any conventional engagements formerly existing on the subject, the Imperial Government of Japan will for a period of 10 years levy upon goods imported into Korea from foreign countries or exported from Korea to foreign countries and upon foreign vessels entering any of the open ports of Korea the same import or export duties and the same tonnage dues as under the existing schedules. The same import or export duties and tonnage dues as those to be levied upon the aforesaid goods and vessels will also for a period of 10 years be applied in respect of goods imported into Korea from Japan or exported from Korea to Japan and Japanese vessels entering any of the open ports of Korea. 3. The Imperial Government of Japan will also permit, for a period of 10 years, vessels under the flag of powers having treaties with Japan to engage in the coasting trade between the open ports of Korea and between those ports and any open ports of Japan. 4. The existing open ports of Korea, with the exemption of Masampo, will be continued as open ports, and in addition Shinwiju will be newly opened, so that vessels foreign as well as Japanese will there be admitted and goods may be imported into and exported from those ports. [Inclosure 2.] TREATY BETWEEN JAPAN AND KOREA, SIGNED ON THE 22D OF august, 1910. His Majesty the Emperor of Japan and His Majesty the Emperor of Korea, having in view the special and close relations between their respective countries, desiring to promote the common weal of the two nations and to assure the permanent peace in the extreme East, and being convinced that these objects can be best attained by the annexation of Korea to the Empire of Japan, have resolved to conclude a treaty of such annexation, and have for that purpose appointed as their plenipotentiaries, that is to say: His Majesty the Emperor of Japan, Viscount Masakata Terauchi, his resident general, and His Majesty the Emperor of Korea, Ye Wan Yong, his minister president of state; Who, upon mutual conference and deliberation, have agreed to the following articles: ARTICLE I. His Majesty the Emperor of Korea makes the complete and permanent cession to His Majesty the Emperor of Japan of all rights of sovereignty over the whole of Korea. ART. II. His Majesty the Emperor of Japan accepts the cession mentioned in the preceding article and consents to the complete annexation of Korea to the Empire of Japan. ART. III. His Majesty the Emperor of Japan will accord to Their Majesties the Emperor and ex-Emperor and His Imperial Highness the Crown Prince of Korea and their consorts and heirs such titles, dignity, and honor as are appropriate to their respective ranks, and sufficient annual grants will be made for the maintenance of such titles, dignity, and honor. ART. IV. His Majesty the Emperor of Japan will also accord appropriate honor and treatment to the members of the imperial house of Korea and their heirs other than those mentioned in the preceding article, and the funds necessary for the maintenance of such honor and treatment will be granted. ART. V. His Majesty the Emperor of Japan will confer peerage and monetary grants upon those Koreans who on account of meritorious services are regarded as deserving such special recognitions. ART. VI. In consequence of the aforesaid annexation, the Government of Japan assume the entire government and administration of Korea, and undertake to afford full protection for the persons and property of Koreans obeying the laws there in force, and to promote the welfare of all such Koreans. ART. VII. The Government of Japan will, so far as circumstances permit, employ in the public service of Japan in Korea those Koreans who accept the new régime loyally and in good faith, and who are duly qualified for such service. ART. VIII. This treaty having been approved by His Majesty the Emperor of Japan and His Majesty the Emperor of Korea shall take effect from the date of its promulgation. In faith whereof, etc. Ambassador O'Brien to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Mr. O'Brien reports that an official note from the minister for foreign affairs which he has just received incloses the text of the treaty with Korea, already given him informally, and says the treaty comes in force August 29, the date of its promulgation. Mr. O'Brien adds that the note states that In view of the treaty relations actually subsisting between the United States and Korea I have the honor to convey the above to your excellency's knowledge before the promulgation and coming into force of the said treaty. The Acting Secretary of State to the Japanese Ambassador. DEPARTMENT OF STATE, Washington, September 17, 1910. EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note of August 24 last on the subject of the treaty annexing Korea to the Empire of Japan, signed on the 22d ultimo. While I am constrained by the great importance of the interests of American citizens in Korea to make all necessary reservations as to their rights and privileges, I beg to inform your excellency that the Government of the United States is gratified to note the assurances already given by the Imperial Japanese Government concerning matters relating to foreigners and foreign trade in Korea. Accept, etc., File No. 895.00/496. No. 1228.] HUNTINGTON WILSON. Ambassador O'Brien to the Secretary of State. AMERICAN EMBASSY, Tokyo, September 19, 1910. SIR: Referring to the embassy's dispatch No. 1215 of August 24 last,' relative to the annexation of Korea, transmitting copies of certain imperial ordinances issued in connection therewith, I have the honor to inclose herewith translations of two additional ordinances, Nos. 318 and 319, which have since been promulgated. 1 Not printed Ordinance No. 318 provides that the name "Kankoku" (Korea) shall be altered to "Chosen" (Morning Calm). The former has heretofore been the official designation, although both names have been used interchangeably in ordinary parlance. The reason for the selection of "Chosen" as the official name of the annexed territory is that it does not contain, as does "Kankoku," any verbal root signifying "nation" (koku) and implying an independent national existence. Ordinance No. 319 establishes a government general in Chosen. Under its provisions the resident general will temporarily discharge the functions of governor general. The offices of the residency general will remain as they are for the time being, and (with the exception of the cabinet and the board of decorations) the offices which have heretofore been subject to the Korean Government will be subject to the government general of Chosen. Officials serving in the latter offices will continue to receive the same treatment as previously accorded them by the Korean Government. The foregoing ordinance is only provisional, and will soon be superseded by others creating a comprehensive scheme of government. The drafts of the new ordinances were brought to Tokyo by Vice Resident General Yamagata on the 14th instant, at present being in the hands of the colonial bureau, and will be submitted to the deliberations of the privy council within a few days. I have, etc., T. J. O'BRIEN. [Inclosure-Translation. OFFICIAL GAZETTE, August 29, 1910. We hereby sanction and cause to be promulgated the ordinance relating to the alteration of the name "Kankoku" (Korea) to "Chosen." SIGN MANUAL. AUGUST 29, 1910. MARQUIS TARO KATSURA, Prime Minister. (Countersigned) Imperial ordinance No. 318.-The name "Kankoku" is hereby changed, and the country shall henceforth be called "Chosen." Supplementary clause. This ordinance shall take effect on the day of promulgation. [Translation.] OFFICIAL GAZETTE, August 29, 1910. We hereby sanction and cause to be promulgated the ordinance relating to the establishment of the government general of Chosen, regarding which the privy council has been consulted. AUGUST 29, 1910. (Countersigned) MARQUIS TARO KATSURA, Prime Minister. SIGN MANUAL. Imperial ordinance No. 319.-There shall be established in Chosen the government general of Chosen. In the government general of Chosen there shall be a governor general who shall, within the scope of the powers invested in him, command the army and navy and exercise general control over all Government affairs. The residency general and the Government offices subject thereto shall remain as they are for the time being, and the functions of governor general of Chosen shall be discharged by the resident general. The Government offices which have heretofore been subject to the Korean Government shall, with the exception of the cabinet and the board of decorations, be regarded as Government offices, subject to the government general of Chosen, and shall remain as they are for the time being. The officials serving in the Government offices mentioned in the preceding paragraph shall be accorded treatment similar to that which was accorded them during their service under the former Korean Government. Shinnin officials, according to the former Korean laws, shall be treated as shinnin officials; chokunin officials, as chokunin officials; sonin officials, as sonin officials; and hannin officials, as hannin officials.1 Those who have been employed by the Korean Government, retaining their regular positions (in Japan), shall be subject to imperial ordinance No. 195 of 1904.2 Supplementary clause.-This ordinance shall take effect on the day of promulgation. 1 Shinnin, personally appointed by the Emperor; chokunin, appointed by the Emperor; sonin, appointed by the cabinet with the approval of the Emperor; hannin, appointed by a chief of department. Ordinance No. 195 provides that, when a Government official has been engaged by a foreign Government without resigning his regular position in Japan be allowed to retain his position, an additional position being created for the substitute acting in his absence, but he shall not be entitled to the salary or traveling expenses pertaining thereto. File No. 1806/668. No. 15.] KONGO. AFFAIRS IN THE KONGO. [Continued from Foreign Relations, 1909, p. 400.] Minister Bryan to the Secretary of State. AMERICAN LEGATION, Brussels, March 18, 1910. SIR: Concerning the Kongo and the affairs at this capital affecting the former Free State I have the honor to report that the optimistic views expressed in his dispatches on this subject by my predecessor, Mr. Wilson, seem fully justified. There evidently prevails throughout Belgium universal and determined public opinion set on ameliorating the conditions which have existed in the African domain. The recent visit of King Albert and of Mr. Rankin, minister of the colonies, to Africa have so thoroughly familiarized the Sovereign and his able adviser with the needs of the Kongo that they are competent to intelligently follow their policy of reform and to fulfill the pledges made to the people. Just now, however, danger for the realization of these plans lies in their multiplicity. There is perhaps a little overzeal, and the desire to accomplish too much at once may retard rather than advance the general program. All sorts of measures are proposed for the development of the Kongo. The following is an outline of the program of the Belgian Government in this respect: COMMERCIAL REGULATIONS. I. To entirely throw open to trade in July, 1910, about one-half of the Kongo, and the remainder of the territory in the months of July of 1911 and 1912. II. To grant the natives in districts thus opened to trade the right and liberty to gather and sell to merchants the products of the soil just as though these products virtually belonged to them. III. To encourage trade by reducing charges on commercial enterprises and by facilitating the purchase by the latter of lands in the Kongo. IV. To establish new navigation companies on the principal water ways. V. To introduce-for which provision is made in the present budget money into the Kongo. VI. To grant to officials subsistence allowances in place of the former payment in kind, thereby compelling them to purchase what they need instead of having to levy taxation. TAXES ON NATIVES. VII. On July 12 throughout the Kongo the taxes in labor are to be suppressed. VIII. After July 12 taxes per head are to be revised. |