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(783)

Article III. Japan and Russia mutually engage:

1. To evacuate completely and simultaneously Manchuria except the
territory affected by the lease of the Liao-tung Peninsula, in
conformity with the provisions of additional Article I, annexed to
this Treaty: and

2. To restore entirely and completely to the exclusive administration
of China all portions of Manchuria now in the occupation or under the
control of the Japanese or Russian troops, with the exception of the
territory above mentioned.

The Imperial Government of Russia declare that they have not in
Manchuria any territorial advantages or preferential or exclusive
concessions in impairment of Chinese sovereignty or inconsistent with
the principle of equal opportunity. (784)

Article IV. Japan and Russia reciprocally engage not to obstruct any
general measures common to all countries, which China may take for
the development of the commerce and industry of Manchuria. (784)

Article V. The Imperial Russian Government transfer and assign to the
Imperial Government of Japan, with the consent of the Government of
China, the lease of Port Arthur, Talien and adjacent territory, and
territorial waters and all rights, privileges and concessions
connected with or forming part of such lease and they also transfer
and assign to the Imperial Government of Japan all public works and
properties in the territory affected by the above mentioned lease.

The two High Contracting Parties mutually engage to obtain the
consent of the Chinese Government mentioned in the foregoing
stipulation.

The Imperial Government of Japan on their part undertake that the
proprietary rights of Russian subjects in the territory above
referred to shall be perfectly respected. (784)

Article VI. The Imperial Russian Government engage to transfer and
assign to the Imperial Government of Japan, without compensation and
with the consent of the Chinese Government, the railway between
Chang-chun (Kuan-cheng-tzu) and Port Arthur and all its branches,
together with all rights, privileges and properties appertaining
thereto in that region, as well as all coal mines in the said region
belonging to or worked for the benefit of the railway.

The two High Contracting Parties mutually engage to obtain the
consent of the Government of China mentioned in the foregoing
stipulation. (785)

Article VII. Japan and Russia engage to exploit their respective
railways in Manchuria exclusively for commercial and industrial
purposes and in no wise for strategic purposes.

It is understood that that restriction does not apply to the railway
in the territory affected by the lease of the Liao-tung Peninsula.
(785)

Article VIII. The Imperial Governments of Japan and Russia, with a
view to promote and facilitate intercourse and traffic, will, as soon
as possible, conclude a separate convention for the regulation of
their connecting railway services in Manchuria. (785)

Article IX. The Imperial Russian Government cede to the Imperial
Government of Japan in perpetuity and full sovereignty, the southern
portion of the Island of Saghalien and all islands adjacent thereto,
and all public works and properties thereon. The fiftieth degree of
north latitude is adopted as the northern boundary of the ceded
territory. The exact alignment of such territory shall be determined
in accordance with the provisions of additional Article II, annexed
to this Treaty.

Japan and Russia mutually agree not to construct in their respective
possessions on the Island of Saghalien or the adjacent islands, any
fortifications or other similar military works. They also
respectively engage not to take any military measures which may
impede the free navigation of the Straits of La Pérouse and Tartary.
(785)

Article X. It is reserved to the Russian subjects, inhabitants of the
territory ceded to Japan, to sell their real property and retire to
their country; but, if they prefer to remain in the ceded territory,
they will be maintained and protected in the full exercise of their
industries and rights of property, on condition of submitting to
Japanese laws and jurisdiction. Japan shall have full liberty to
withdraw the right of residence in, or to deport from, such
territory, any inhabitants who labour under political or
administrative disability. She engages, however, that the proprietary
rights of such individuals shall be fully respected. (786)

Article XL. Russia engages to arrange with Japan for granting to
Japanese subjects rights of fishery along the coasts of the Russian
possessions in the Japan, Okhotsk and Behring Seas.

It is agreed that the foregoing engagement shall not affect rights
already belonging to Russian or foreign subjects in those regions.
(786)

Article XII. The Treaty of Commerce and Navigation between Japan and
Russia having been annulled by the war, the Imperial Governments of
Japan and Russia engage to adopt as the basis of their commercial
relations, pending the conclusion of a new treaty of commerce and
navigation on the basis of the Treaty which was in force previous to
the present war, the system of reciprocal treatment on the footing of
the most favoured nation, in which are included import and export
duties, customs formalities, transit and tonnage dues, and the
admission and treatment of the agents, subjects and vessels of one
country in the territories of the other. (786)

Article XIII. As soon as possible after the present Treaty comes into
force, all prisoners of war shall be reciprocally restored. The
Imperial Governments of Japan and Russia shall each appoint a special
Commissioner to take charge of prisoners. All prisoners in the hands
of the Government shall be delivered to and received by the
Commissioner of the other Government or by his duly authorized
representative, in such convenient numbers and at such convenient
ports of the delivering State as such delivering State shall notify
in advance to the Commissioner of the receiving State.

The Governments of Japan and Russia shall present to each other, as
soon as possible after the delivery of prisoners has been completed,
a statement of the direct expenditures respectively incurred by them
for the care and maintainance of prisoners from the date of capture
or surrender up to the time of death or delivery. Russia engages to
repay Japan, as soon as possible after the exchange of the statements
as above provided, the difference between the actual amount so
expended by Japan and the actual amount similarly disbursed by
Russia. (787)

Article XIV. The present Treaty shall be ratified by Their Majesties
the Emperor of Japan and the Emperor of all the Russias. Such
ratification shall, with as little delay as possible and in any case
not later than fifty days from the date of the signature of the
Treaty, be announced to the Imperial Governments of Japan and Russia
respectively through the French Minister in Tokio and the Ambassador
of the United States in Saint Petersburg and from the date of the
later of such announcements this Treaty shall in all its parts come
into full force.

The formal exchange of the ratification shall take place at
Washington as soon as possible. (787)

Article XV. The present Treaty shall be signed in duplicate in both
the English and French languages. The texts are in absolute
conformity, but in case of discrepancy in interpretation, the French
text shall prevail.

In witness whereof, the respective Plenipotentiaries have signed and
affixed their seals to the present Treaty of Peace. (788)

Done at Portsmouth (New Hampshire) this fifth day of the ninth month
of the thirty-eighth year of Meiji, corresponding to the twenty-third
day of August (fifth September), one thousand nine hundred and five.

(Signed) JUTARO KOMURA (L.S.)

(Signed) K. TAKAHIRA (L.S.)

(Signed) SERGE WITTE (L.S.)

(Signed) ROSEN (L.S.)

In conformity with the provisions of Articles III and IX of the
Treaty of Peace between Japan and Russia of this date, the
undersigned Plenipotentiaries have concluded the following additional
Articles:

I. To Article III. The Imperial Governments of Japan and Russia
mutually engage to commence the withdrawal of their military forces
from the territory of Manchuria simultaneously and immediately after
the Treaty of Peace comes into operation, and within a period of
eighteen months from that date, the Armies of the two countries shall
be completely withdrawn from Manchuria, except from the leased
territory of the Liaotung Peninsula.

The forces of the two countries occupying the front positions shall
be first withdrawn.

The High Contracting Parties reserve to themselves the right to
maintain guards to protect their respective railway lines in
Manchuria. The number of such guards shall not exceed fifteen per
kilometre and within that maximum number, the commanders of the
Japanese and Russian Armies shall, by common accord, fix the number
of such guards to be employed, as small as possible having in view
the actual requirements.

The Commanders of the Japanese and Russian forces in Manchuria shall
agree upon the details of the evacuation in conformity with the above
principles and shall take by common accord the measures necessary to
carry out the evacuation as soon as possible and in any case not
later than the period of eighteen months. (789)

II. To Article IX. As soon as possible after the present Treaty comes
into force, a Commission of Delimitation, composed of an equal number
of members to be appointed respectively by the two High Contracting
Parties, shall on the spot mark in a permanent manner the exact
boundary between the Japanese and Russian possessions on the Island
of Saghalien. The Commissions shall be bound, so far as topographical
considerations permit, to follow the fiftieth parallel of north
latitude as the boundary line, and in case any deflections from that
line at any points are found to be necessary, compensation will be
made by correlative deflections at other points. It shall also be the
duty of the said Commission to prepare a list and description of the
adjacent islands included in the cession and finally the Commission
shall prepare and sign maps showing the boundaries of the ceded
territory.



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