Imatges de pàgina
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The inhabitants of Ili will be at liberty to remain in the places where they at present reside as Chinese subjects, or to emigrate to Russia and to adopt Russian nationality. They will be called upon for a decision on the subject before Chinese authority is re-established in Ili, and a term of one year, to be reckoned from the date of the restoration of the country to the Chinese authorities, will be granted to those who express a wish to emigrate to Russia. The Chinese authorities will place no obstacles in the way of their emigration and of the removal of their personal property.

ARTICLE IV.

Russian subjects holding land in Ili will retain their rights of ownership, even after the re-establishment of the authority of the Chinese Government in that country.

This arrangement does not apply to those inhabitants of Ili who adopt Russian nationality at the time of the re-establishment of Chinese authority in that country.

Russian subjects whose lands are situated outside the areas assigned for Russian factories, in virtue of Article XIII. of the Kuldja Treaty of 1851, will pay the same taxes and contributions as Chinese subjects.

ARTICLE V.

The two Governments will send to Kuldja Commissioners, who will proceed on the one part to cede and on the other to resume the administration of the Province of Ili, and to whom will be confided, in general, the execution of the stipulations of the present Treaty which relate to the re-establishment in that country of the authority of the Chinese Government.

The said Commissioners will carry out their instructions in accordance with the understanding to be arrived at as to the manner of ceding on the one part, and of resuming on the other, the administration of Ili, between the Governor-General of Turkestan and the Governor-General of the Provinces of Chan-si* and Kan-sou, to whom the management of this business has been intrusted by the two Governments.

The transfer of the administration of Ili should be concluded within a term of three months or earlier, if possible, to date from the day of the arrival at Tashkend of the official delegated by the

So printed in the Blue Book, but beyond question a mistake for Shensi. Kansuh and Shensi form the same Viceroyalty.

VOL. II.

2 Q

Governor-General of Chan-si and Kan-sou to the Governor-General of Turkestan to notify to him the ratification and promulgation of the present Treaty by His Majesty the Emperor of China.

ARTICLE VI.

The Government of His Majesty the Emperor of China will pay to the Government of Russia the sum of 9,000,000 metallic roubles, to meet the expenses of the occupation of Ili by Russian troops since 1871, to satisfy all pecuniary claims which have been brought forward up to this date for losses of Russian subjects whose goods have been plundered in Chinese territory, and to assist the families of Russian subjects killed in armed attacks of which they have been the victims in Chinese territory.

The above-mentioned sum of 9,000,000 metallic roubles is to be paid within a term of two years from the date of the exchange of the ratifications of the present Treaty, in the order and in accordance with the conditions agreed to by the two Governments in the special Protocol annexed to the present Treaty.

ARTICLE VII.

The western part of Ili is incorporated with Russia, to serve as a place for the establishment of the inhabitants of that country who adopt Russian nationality, and who will therefore have had to abandon the lands they possessed.

The frontier between the Russian possessions and the Chinese Province of Ili, starting from the Bedjin-Taou Mountains, will follow the course of the Khorgos River as far as the spot where it falls into the River Ili, and, crossing this last river, will take a southerly direction, towards the Ouzontaou Mountains, leaving the village of Koldjat on the west. From this point it will follow in a southerly direction the line laid down by the Protocol signed at Tchougoutchak in 1864.

ARTICLE VIII.

A portion of the frontier-line to the east of Lake Zaïsan, as laid down by the Protocol signed at Tchougoutchak in 1864, having been found incorrect, the two Governments will nominate Commissioners who will jointly modify the former line, in such a manner as to correct the errors pointed out, and to establish a sufficient separation between the Kirghiz tribes subject to the two Empires.

The new line shall, as far as possible, take a direction intermediate between the old frontier and a straight line starting from the Kouïtoun Mountains towards the Saour Mountains, and crossing the Tcherni-Irtych.

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The two Contracting Parties will name Commissioners for erecting boundary posts upon the line fixed by Articles VII. and VIII., as well as upon that portion of the frontier where no posts have been erected. The time and place of meeting of these Commissioners will be settled by an understanding between the two Governments.

The two Governments will also name Commissioners to examine the frontier and to erect boundary posts between the Russian Province of Ferganah and the western part of the Chinese Province of Kachgar. These Commissioners will take the present frontier as the basis of their labours.

ARTICLE X.

The recognized Treaty right of the Russian Government to appoint Consuls at Ili, at Tarbagataï, at Kachgar, and at Ourga is henceforward extended to the towns of Sou-Tcheou (Tsia-yu-kouan) and Tourfan. In the following towns: Kobdo, Ouliassoutaï, Khami, Ouroumtsi, and Goutchen, the Russian Government will establish Consulates accordingly as they are called for by the development of commerce, and after coming to an understanding with the Chinese Government.

The Consuls at Sou-Tcheou (Tsia-yu-kouan) and Tourfan will exercise Consular functions in the neighbouring districts, where the interests of Russian subjects may call for their presence.

The provisions of Articles V. and VI. of the Treaty concluded at Peking in 1860, relating to the concession of lands for Consular dwellings, for cemeteries, and for pasturage, will be in like manner applicable to the towns of Sou-Tcheou (Tsia-yu-kouan) and Tourfan. The local authorities will assist the Consuls in finding temporary residences until the Consular houses are built.

The Russian Consuls in Mongolia and the districts situated on the two slopes of the Tian-chan will, for travelling purposes and for forwarding their correspondence, make use of the Government postal establishments, according to the stipulations of Article XI. of the Treaty of Tien-tsin and Article XII. of the Treaty of Peking. The Chinese authorities, when called upon by them for this purpose, will afford them their aid and assistance.

The town of Tourfan not being a place open to foreign trade, the right of establishing a Consulate there shall not serve as a precedent upon which to rest a similar right with respect to the ports of China, to the internal provinces, and to Manchouria.

ARTICLE XI.

Russian Consuls in China will communicate on business matters, either with the local authorities of their place of residence or with the superior authorities of the district or province, accordingly as the nature of the interests respectively intrusted to them and the importance or urgency of the business to be transacted may require. The correspondence between them will take the shape of official letters. As to the rules of etiquette to be observed in their interviews, they will be based upon the consideration which the officers of friendly Powers owe to one another.

All questions arising on Chinese territory with regard to commercial or other matters between the dependents of the two States will be examined and settled by common consent by the Consuls and the Chinese authorities.

In disputes concerning commercial matters the parties may settle their differences amicably by means of arbitrators chosen by both sides. If by this course an understanding cannot be arrived at, the question will be examined and settled by the authorities of the two States.

Written engagements between Russian and Chinese subjects concerning orders for goods or their carriage, the hire of shops, houses, and other places, or relating to other similar transactions, may be presented for the legalization of the Consulates and of the higher local administrations whose duty it is to legalize documents presented to them. In case of the non-fulfilment of engagements contracted, the Consuls and the Chinese authorities will consider as to measures calculated to insure the execution of such obligations.

ARTICLE XII.

Russian subjects are authorized, as heretofore, to carry on trade free of duty in Chinese Mongolia, in those localities or aïmaks where there are Chinese authorities, as well as in those where there are

none.

Russian subjects may likewise carry on trade free of duty in the towns and other localities of the Provinces of Ili, Tarbagataï, Kachgar, Ouroumtsi, and others, situated on the northern and southern slopes of the Tlan-chan range, as far as the Great Wall. This privilege will be withdrawn when the development of trade necessitates the enactment of a Customs Tariff, in accordance with an understanding to be arrived at between the two Governments.

Russian subjects may import into and export from the aforesaid provinces of China, products of every kind, no matter what their

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origin may be. They may effect purchases and sales either for cash or by barter; they will be entitled to make payments in merchandise of all kinds.

ARTICLE XIII.

In the localities where the Russian Government is entitled to establish Consulates, as in the town of Kalgan, Russian subjects may construct houses, shops, store-houses, and other buildings on the land they may acquire by purchase, or which may be granted to them by the local authorities, in accordance with what is laid. down for Ili and Tarbagataï by Article XIII. of the Kuldja Treaty of 1851.

Privileges granted to Russian subjects in the town of Kalgan, where there will be no Consulate, constitute an exception which cannot be extended to any other locality in the internal provinces.

ARTICLE XIV.

Russian merchants wishing to send from Russia by land goods for the inner provinces of China, may, as formerly, send them by the towns of Kalgan and Toun-Tcheou to the port of Tien-tsin, and thence to other ports and inner markets, and sell them in those different localities.

Merchants will use the same route to export to Russia goods purchased in the towns and ports above mentioned, or in the inner markets.

They will likewise be entitled to proceed on commercial business to Sou-Tcheou (Tsia-yu-kouan), the terminus of Russian caravans, and will there enjoy all the rights granted to Russian commerce at Tien-tsin.

ARTICLE XV.

Trade carried on by land by Russian subjects in the inner and outer provinces of China will be governed by the Regulations annexed to the present Treaty.

The commercial stipulations of the present Treaty, as well as the Regulations which serve as its complement, may be revised after the lapse of ten years, to date from the day of the exchange of the ratifications of the Treaty; but if, within the course of six months before that term expires, neither of the Contracting Parties should manifest a desire to proceed to its revision, the commercial stipulations, as well as the Regulations, will remain in force for a further term of ten years.

Trade by sea carried on by Russian subjects in China will come under the general Regulations established for foreign maritime

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