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: . Accessed: 24/12/2011 05:56
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the Emperorof all the Russias. His BritannicMajesty'sPrincipalSecretary ofStateforForeignAffairs. 824. . His Majesty. In faithwhereof undersigned. S. James. And His Majesty. and of of His Excellency.1 5. untilthe expiration one year from the day on whicheitherof the highcontracting partiesshall have denouncedit.Baron Roman Rosen. [L.] LANSDOWNE.1905.1905.on the otherhand.p. [L. concluded following the articles: 1UnitedStates: ForeignRelations.his envoyextraordinary minister and plenipotentiary the UnitedStates ofAmerica. EnvoyExtraordinary MinisterPlenipoand tentiary His Majesty theEmperorof of Japan at theCourtofSt.knight the Impeof rial Orderof the Sacred Treasure. the dulyauthorizedby theirrespective and have affixed thereto their governments. Done in duplicateat London.have decidedto concludea treatyof peace and have appointed forthis purposetheirplenipotentiaries.the 12thday ofAugust.the Emperorof Japan. masterof the Imperial Court of Russia and his ambassadorextraordinary plenipotentiary the and to UnitedStates ofAmerica.lusammi.Mr. to Who. and His Majesty. and His Excellency. September 1905.his secretary state and president of ofthe committee ministers the EmpireofRussia.OFFICIAL DOCUMENTS 17 In case neitherof the high contracting parties should have notified twelve monthsbeforethe expirationof the said ten yearsthe intention of ofterminating it shall remainbinding it.the EmperorofJapanHis Excellency. afterhaving exchangedtheirfull powers.Mr.beinganimated of and the by the desireto restore benefits peace fortheircountries their peoples. S.knight the Impeof rial Orderofthe RisingSun. his minister foreign of affairs. wit: to His Majestythe Emperorof RussiaHis Excellency. The Peace of Portsmouth. have signedthisagreement seals.] TADASU HAYASHI. But if when the date fixedfor its expirationarrives continue eitherally is actuallyengagedin warthe allianceshall ipso facto untilpeace is concluded.SergiusWitte. on the one hand.Baron Komura Iutaro.found in good and due form.Iusammi. Takahira Kogoro.

and it likewise cedes to the part thereof. to adopt in Korea. of menace the security the Russian or Koreanterritory. concessions ritorial waters. with this lease or forming within of ImperialGovernment Japanall the public worksand property lease extends. of ART.military. It is likewiseagreed that. in orderto avoid any cause of misunderfromadopting. political. Russia and Japan mutuallyengage: withthe evacuate Manchuria. whichare undertheircontrol.withthe consent the Government China. the same manneras the citizens shall be placed on the same footingas the citizensof the mostthey favorednation. territory. that of otherforeign countries. V. To completely over whichthe lease ofthe peninsulaof Liaoexceptionofthe territory of tung accordancewiththe provisions additionalArticleI and annexedto thistreaty. in of ernment Chinathe consentmentioned the foregoing ARTICLE . recognizing that Japan The ImperialGovernment ART. There shall be in the future peace and friendship of all the Russias and the Emtween Their Majesties the Emperor nationsand subjects. and simultaneously 1. partiesshall refrain standing. IV. protection. II. ART. ofJapanmay deemnecessary Korea shall be treatedin exactly It is agreedthat Russian subjectsinr that is. and ofthe adjacent territories connected and as privileges.18 THE AMERICAN JOURNAL OF INTERNATIONAL LAW beI.the and terof lease of Port Arthur. perorof Japan. wellas therights. To entirely completely now occupiedby Russian and Japanese of China all partsof Manchuria withtheexceptionof the aboveor wellas betweentheirrespective ofRussia. The Imperial Government Russia cedes to the Imperial of of of Government Japan. has predominant obstaclesin the way of any measureof or agreesnot to interfere place whichthe Imperial Government and supervision direction. over whichthe above-mentioned the territory the engageto obtainfrom GovThe highcontracting partiesmutually clause. 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. 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. Talien.the two high contracting any militarymeasures which might on the Russo-Korean frontier. ART. and economicinterestsin Korea. III. to restore the exclusiveadministration and 2.

withoutcompensation with the the consentof the ChineseGovernment.however. IX.if they prefer remainin the ceded territory. Tsi) and Port Arthur thisregion. Chan-chun(Kwan-Chienwith all the viewto favoring relationsand traffic. for roads in Manchuria commercial purposes. in shall be determined accordThe exact boundaryline ofthisterritory of ance withthe provisions additionalArticleII annexedto thistreaty. itself yield to of ART. shall be guardedand protectedin the fullenjoymentof theirproperty providedthey submitto the rightsand the exerciseof theirindustries liberty withto of laws and jurisdiction Japan. X. The ImperialGovernment Russia cedes to the Imperial of the and fullsovereignty. VII.witha shall conclude. to mutually pledgethemselves obtain The two highcontracting parties in the fromthe Chinese Government consentmentioned the foregoing clause. southern Government Japan. well as belongingwithin thereunto privileges. Railroad and all its branches. but by no meansforstrategic does not apply to the railroadswithin It is agreedthat thisrestriction coveredby the lease of the Liao-tungpeninsula.a separate conventionto governtheir operationsof repairon the railroadsin Manchuria. VI. The fiftieth well as all the public worksand property parallel of northlatitudeis adopted as the limitof the ceded territory. the territory of ART. The Imperial Governments Russia and Japan. and property to as all the coal minesin said regionbelonging this railroad or being operatedforits benefit.OFFICIAL DOCUMENTS 19 of The ImperialGovernment Japangiveson its partthe assurancethat the propertyrightsof Russian subjects withinthe above-mentioned territory shall be absolutelyrespected. ART. The ImperialGovernment Russia obligates of and to the Imperial Government Japan. within theirrespecagreenot to construct Japanand Russia mutually on tive possessions the islandofSaghalin. They likewisemutually to. ART. The rightis reservedto Russian subjects inhabiting and return their to ceded to Japan to sell theirreal property territory they to country. and facilitating soon as possible. any fortification similarmilitary or measures whichmighthinderthe free agree not to adopt any military navigationofthe Straitsof La Perouse and theresituated. Russia and Japan agree to operate theirrespectiverailand industrial perpetuity of part of the island of Saghalin.VIII. and all the islands adjacent thereto. Japanshallhave perfect all from inhabitants in laboring drawthe rightofresidence thisterritory . the ART.and the islandsadjacent therework.

All prisoners the custodyof one of of shall be deliveredto the commissioner the other the governments who or government to his duly authorizedrepresentative. 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. As soon as possibleafterthe present of all prisoners war shall be mutuallyreturned. of has the as soonas possibleafter delivery the prisoners been completed. and vessels of in of one country the territory the other. ART.and Bering.the Imperial Governments relaof Russia and Japanagreeto adopt as a basis fortheircommercial and navigation tions. to deportthemfrom underpoliticalor administrative rights to respecttheproperty however.untilthe conclusionof a new treatyof commerce on the basis ofthe treatyin forcebeforethe presentwar. withinthe shortestpossibletime and at all events not later the date of the signatureof the treaty. receiving of The Governments Russia and Japan shall presentto each other. 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.the systemof import soon as possibleafter exchangeoftheseaccounts. Okhotsk. This ratification shall. custom-house and exporttariffs. formalities. The treatyof commerce and Japanhavingbeen annulledby the war.including of on reciprocity the principle the mostfavored transitand tonnage dues. with ART. The ImperialGovernmentsof Russia and Japan shall each appoint a special commissioner in to take chargeof the prisoners. Petersburg . by Japanand the actual amountlikewise by Their Majesties ART. XIV.20 THE AMERICAN JOURNAL OF INTERNATIONAL LAW this or incapacity. It pledgesitself. XI. difference expendedby Russia. oftheseinhabitants. XII.respectively. 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. betweentheactual amountthusspent the as above stipulated. fully notified than fifty days from of through to the ImperialGovernments Russia and Japan. Russia agrees to or surrender the to refund Japan. treatytakes effect. shall not impairthe obligation It is agreed that theabove-mentioned subjectsin these regions. and the admissionand treatmentof the agents. to alreadybelonging Russian or foreign rights and navigationbetweenRussia ART. The presenttreatyshall be ratified the Emperorofall the Russias and the EmperorofJapan. and the ambassador of the United States of Americaat St.XIII. subjects.

the undersigned plenipotentiaries. by mutualagreewiththe principlesherein above set forth. ART.withthe exceptionof the leased territory the peninsula ofLiao-tung. thenumber thisnumberbeingas low as possible of guardswho are to be employed. K. ROSEN. Done at conformity and shall.] [L. In witnesswhereof respectiveplenipotentiaries the have signedthe presenttreatyof peace and affixed theretotheirseals. have concludedthe following additional articles: I. New Hampshire. S. forthe protection theirrespective The numberof these guards shall not exceed 15 men per kilometer.and from ofthesenotifications treatyshall enterintofullforcein all its parts. [L. and in accordancewithactual the French and English languages. IUTARO KOMURA. SERGIUS WITTE. withdrawn The high contracting parties reservethe rightto maintain guards of railroadlinesin Manchuria. twenty-third ofAugust the day of [fifth September]of the year one thousand nine hundredand five.OFFICIAL DOCUMENTS 21 and afterthe date ofthe last of the minister France at Tokyo.] [L. S. . [L. the of however. 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. S. S] . TAKAHIRA. this The formal shall take place at Washingexchangeofthe ratifications ton as soon as possible. XV. and withinthe limitof this maximumnumberthe commanders the of fix Russian and Japanesearmiesshall. and withina period of eighteenmonthsfromthis date the armies of the two powers shall be entirelywithdrawn from of mutualagreement. to corresponding the fifth day of the ninthmonthof the thirty-eighth year of case of difference interpretation French text shall prevail. The two texts are absolutelyalike. The commanders the of in shall reachan understanding Russian and Japaneseforces Manchuria all regarding the details connectedwiththe evacuation. The forcesof the two powersoccupyingadvanced positionsshall be first. The presenttreaty shall be signed in duplicate.] of withthe provisions ArticlesII and IX ofthe treaty In conformity of peace betweenRussia and Japan under this date.

ofnorth shall fromthis line are foundnecessaryat certainpointscompensation deviationsat otherpoints. The commission to as far as topographicalconditionspermit. To ArticleIX: a As soon as possibleafterthe presenttreatytakes effect. respecting An Act ofNewfoundland (Passed June 15. may search her cargo and may examine the master upon oath touchingthe cargo and voyage. the Be it enacted by the Governor. 1905. shall prepare and sign maps showingthe and finallythe commission shall boundariesof the ceded territory.August 23 [September5]. to be submitted the approval ofthe highcontracting as shall be considered hereinabove The additionalarticlesmentioned of by beingratified the ratification the treatyofpeace. followthe 50th parallel and in case any deviations latitudeforthe line of demarcation. vessel fishing Wardenor Constable. TAKAHIRA. Any Justice of the Peace. corresponding the and 38thyearof Meiji. 1905). annexed. to whichtheyare to Portsmouth. Preventive follows: 1. ROSEN. LegislativeCounciland House of in Assembly. on possessions the islandof Saghalin. The labors of the commission parties. K. 9th month. SERGIUS WITTE. and may bringsuch foreign port. bays. II. by be made therefor makingcorresponding to It shall also be the dutyofsaid commission preparea listand description of the adjacent islands which are comprisedwithinthe cession. and the masteror personin command .maygo on boardany foreign Fishery in any porton the coasts ofthisIsland. LegislativeSession convened. 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. Sub-collector.22 THE AMERICAN JOURNAL OF INTERNATIONAL LAW to ment.adopt the measuresnesessary carryout the evacuationas soon as possible and at all events withina period not exceedingeighteen months. 5th day. ForeignFishing Vessels. or hovering British beingwithin waterswithinthreemarinemiles of any of the coasts. IUTARO KOMURA. creeksor vessel into fishing harboursin this Island.

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