Nationalization treaties

Territorial transfers and status changes in war and peace

By William Wetherall

First posted 1 January 2007
Last updated 24 April 2017


Japanese treaties 1875 Chishima (St. Petersburg) | 1895 Taiwan (Shimonoseki) | 1895 Liaotung (Peking) | 1905 Karafuto (Portsmouth)
See Korea becomes Chosen for 1910 Annexation treaty and related agreements
See Declarations and treaties for 1952 San Francisco Peace Treaty and related agreements
See Territorial settlements for treaties and agreements with ROC, PRC, ROK, DPRK, and USSR (Russia)
US treaties and acts 1844 Texas | 1867 Alaska Hawaii John W. Foster's 1897 address on annexation of Hawaii | 1898 Hawaii | Sewall's 1898 address | 1993 US apology to Native Hawaiians | "Asian Settler Colonialism" (Fujikane and Okamura 2008) Philippines 1898 Philippine Islands (territory) | 1935 Republic of Philippines (commonwealth)


Japanese treaties

Japan nationalized many territories from the Ezo, Ryukyu, Ogasawara islands, to Chishima, Karafuto, Taiwan, and Korea. In the case of most of these territories, Japan concluded a treaty that either recognized its prior claim to a territory or ceded it the territory.

Here we will look at the treaties which ceded Japan the Kurils (Chishima) and Southern Sakhalin (Karafuto) in 1875 and 1905, and Formosa (Taiwan) in 1895. See Korea becomes Chosen for the treaty in which the Empire of Korea ceded itself to Japan in 1910.

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1875 nationalization of Chishima

The new Meiji government immediately had to deal with the territorial conflicts it had inherited from Tokugawa shogunate. One of these legacies was the Russo-Japanese Amity Treaty (“ú˜I˜aeð–ñ Nichi-Ro washin joyaku) of 1855, in which Russia and Japan had agreed to draw a line between Iturup (J. Etorofu) and Urup (J. Uruppu) in the Kurils (Kurile, J. Chishima) and share the possession of an unpartitioned Sakhalin (Saghalien, J. Karafuto).

Known formally as the “ú–{‘˜D¼ˆŸ‘’ʍDð–ñ (Nihon-koku Roshia-koku tsuko joyaku) or "Treaty for establishing friendly ties between the country of Japan and the country of Russia", it was signed on Ansei 1-12-21 (Russian [Julian] 1 January 1855) [Gregorian 7 February 1855], and exchanged on Ansei 3-11-10 (Russian [Julian] 27 November 1856) [Gregorian 7 December 1856]. Both events took place at Shimoda on the Izu peninsula of present-day Shizuoka prefecture, hence the treaties more common name, Treaty of Shimoda (‰º“cð–ñ Shimoda joyaku).

In 1869, Japan colonized the island of Ezo as Hokkaido. Though Japan alone had occupied the islands to the north up to Uruppu (Southern Kurils, Minami Chishima), it also considered the islands that ran from Etorofu to the Kamchatka peninsula (Northern Kurils, Kita Chishima) as part of its natural dominion.

Both countries wanted sole possession of Sakhalin and offered to buy the other out. Russia even offered a few of its Kuril islands for Japan's interest in Sakhalin. Both posted military units on the island and there was a lot of posturing. (Stephan 1974: 92)

Japan would probably have gone to war to secure what it considered part of its righful domain -- it it hadn't been preoccupied with civil disturbances at home and confrontations involving Taiwan and Korea. Russia, too, might have gone to war if the frontier had not been so far St. Petersburg.

As it was, the two countries negotated a settlement in which Japan exchanged its interests in Sakhalin for Russia's interests in Kuriles. The treaty is known in Japanese as Š’‘¾ç“‡ŒðŠ·ð–ñ (Karafuto Chishima kōkan jōyaku) [Sakarin Kuriru kōkan jōyaku] or "Sakharin Kuril Exchange Treaty".

The treaty was signed in St. Petersburg on 7 May 1875, hence its more familier English name -- Treaty of St. Petersburg. Ratifications and attachments were exchanged in Tokyo on 22 August. The terms of the treaty came into effect on 10 November.

The treaty itself contained an article specifically dealing with the subjection of inhabitants of the effected territories -- namely, to which state will various cateogries of inhabitants owe their allegiance, and under what conditions might an inhabitant need to leave the territory. The article in the treaty was supplemented by an agreement made at the time the ratifications were exchanged.

The efficacy of the 1875 Treaty of St. Petersburg and its attatchments were reconfirmed in a declaration exchanged between Japan and Russia, in St. Petersburg, on 5 June 1895 (Russian [Julian] 27 May 1895). This came only two months after the Treaty of Shimonoseki, in which China, as part of the settlement to the Sino-Japanese War (1894-1895), ceded Taiwan and the Liaotung peninsula to Japan.

The declaration was signed just one month after Japan complied with the demands of the Triple Intervention. Russia, joined by Germany and France, had threatened to evict Japan from Liaotung if Japan did not retrocede the peninsula back to China and withdraw its military forces from the region.

The declaration was a diplomatic remedy for the strain the Triple Intervention had put on Russo-Japanese relations. Ten years later, in the Treaty of Portsmouth, after the Russo-Japanese War of 1904-1905, Russia ceded Japan the southern half of Sakhalin and its lease of the Liaotung peninsula.

Provisions of treaty

The 1875 Treaty of St. Petersburg allowed Russians on the Kurils to remain Russian and Japanese on Sakhalin to remain Japanese. Russia had the option to nationalize Sakhalin Ainu who did not relocate to Japan within three years. Japan had a similar option to nationalize Northern Kuril Ainu and other natives who did not emigrate to Russian territory within three years.

All Aleuts in the Northern Kurils moved to the Kamchatka peninsula or the Komandorskii islands. A few Northern Kuril Ainu also moved to Kamchatka. The Ainu who stayed were relocated to the Southern Kurils. In time, they and most Southern Kuril Ainu were relocated to the main island of Hokkaido. All Ainu within Japan were eventually nationalized through family registers.

1875 Treaty of St. Petersburg
Provisions for the protection of the rights of natives and others
Š’‘¾ç“‡ŒðŠ·ð–ñ

A few parts of the treaty have been omitted. The article titles are mine.

Japanese texts

The Japanese texts for the different documents come from difference sources.

Article 5 of the main treaty comes from the website of the "Northern Territories Issue Association" (–k•û—Ì“y–â‘è‘΍ô‹¦‰ï Hoppō ryōdo@mondai taisaku kyōkai) -- an agency of the Japanese government in the guise of an "independent administrative institution" since 2003.

The supplementary notes are posted on a number of private websites.

The attachments are from a Wikisource copy which I vetted against a print version in the Great Council of State database of the National Diet Library. The attachments were promuglated on 29 February 1876 by Great Council of State Proclamation No. 24.

The Wikisource version is inconsistent in its attempt to reproduce the older character fonts of the printed text. I have swapped in present-day JIS fonts for older fonts that I would otherwise have to display with Unicode.

The Wikisource version also has number of transcription and other mechanical errors. I have corrected these and a few such errors in the the other texts as well. None of the texts, however, have been compared with facsimilies of the original treaties -- which, in any case, were in English and French.

Comments on representations in texts.

Š’‘¾ (Karafuto) is transcribed as "Sakhalin" whether or not it is followed by ƒTƒJƒŠƒ“ (Sakarin). Where I have shown [ƒTƒJƒŠƒ“] after the graphs Š’‘¾, the printed version shows ƒTƒJƒŠƒ“in a small 2x2 kana matrix.

ç“‡ (Chishima) is transcribed as "Kurils" and ƒNƒŠƒ‹“‡ (Kuriru-to) is translated as "Kuril islands".

Γ is a poor man's abbreviation of Ž– (koto). The actual abbreviation looks like an inverted "L" with the top pointing left. Unicode has not yet incorporated such abbreviations.

English and French texts

The treaty was exchanged in English and French. The Japanese version had no legal standing. The English version of the treaty and the supplementary articles are as found in John J. Stephan, The Kuril Islands: Russo-Japanese Frontiers in the Pacific, Oxford: Clarendon Press, 1974, Appendix A, Treaties and Agreements, pages 237-239. Stephan attributes these versions to Japan, Foreign Office, Dai Nihon gaikō bunsho, VIII (Tokyo, 1940), 216-26, 259-62, and George A. Lensen, The Russian Push toward Japan (Princeton, 1959), pp. 501-4, 505-6.

The structural translation of the Japanese text is mine. I have placed it between the Japanese and English versions to facilitate comparison of what amounts to a "back translation" with the English version.

Š’‘¾ç“‡ŒðŠ·ð–ñ
Karafuto Chishima Exchange Treaty
Signed in St. Petersburg, 7 May 1875
Exchanged in Tokyo, 22 August 1875
Japanese version Structural translation English version

‘æŒÜŠ¼

ŒðŠ·ƒZƒVŠe’nƒjZƒ€Še–¯i“ú–{l‹yƒr˜DljƒnŠe­•{ƒj‰—ƒe¶ƒmðŒƒ’•ÛØƒXAŠe–¯•À‹¤ƒj‘´–{‘Ðƒ’•Û—LƒXƒ‹ƒ’“¾ƒ‹ƒRƒgAŠî [sic ‘´] –{‘ƒj‹Aƒ‰ƒ“ƒg—~ƒXƒ‹ŽÒƒníƒj‘´ˆÓƒj•úƒ`ƒe‹Aƒ‹ƒ’“¾ƒ‹ƒRƒgAˆ½ƒn‘´ŒðŠ·ƒm’nƒj—¯ƒ‹ƒ’ŠèƒEŽÒƒn‘´¶Œvƒ’[•ªƒj‰cƒ€ƒ’“¾ƒ‹ƒmŒ —‹yƒrŠ—L•¨ƒmŒ —‹yˆÓM‹³ƒmŒ —ƒ’Ž»ƒN•Û‘SƒXƒ‹ƒ’“¾ƒ‹‘SƒN‘´V—ÌŽåƒm‘®–¯i“ú–{l‹y˜Dljƒg·ˆÙƒiƒN•ÛŒìƒ’ŽóƒNƒ‹Ž–å«‘R‘´Še–¯ƒn•À‹¤ƒj‘´•ÛŒìƒ’Žóƒ‹­•{ƒmŽx”z‰º(ƒWƒ†ƒŠƒXƒfƒNƒVƒˆƒ“)ƒj‘®ƒXƒ‹Ž–

Article 5   As for the respective peoples (Japanese and Russians) living in the respective territories that have been exchanged, in the respective governments [the governments] shall guarantee the conditions to the left. [1] The respective peoples abreast and together can keep their original-national -registration [hon-koku-seki, "original national affiliation"; hon-kokuseki, "original nationality"]; [2] those who desire to return to their original country can always give heed to their will and return; [3] and those who wish to remain in the territories of this exchange, [they] shall be able to preserve entirely the right of being able to sufficienty make a living, and the right of possession, and the right of elective faith, and [they] shall wholly receive protection without difference from affiliated peoples [subjected peoples, subjects] (Japanese and Russians) of the new sovereign; [4] although [notwithstanding the foregoing] the respective peoples shall abreast and together be affiliated [subjected] under the rule (jurisdiction) of the government from which they receive this protection.

Article V   The residents of the territories ceded from one and the other, the Russian and Japanese subjects, may retain their nationality and return to their respective countries; but if they prefer to remain in the ceded territories, they shall be allowed to stay and shall receive protection in the full exercise of their industry, their right of property and religion, on the same footing as the nationals, provided that they submit to the laws and jurisdiction of the country to which the possession of the respective territories passes.

•‘®Œö•¶
Supplementary notes
St. Petersburg, 7 May 1875
Japanese version Structural translation

‘æŽOŠ¼   –{“úŒ‹–ñƒm‘æŒÜŠ¼’†ƒj’ƒXƒ‹ŒðŠ·ƒZƒ‹Še’nƒjZƒ€“ylƒm‹`ƒj•tƒeƒn“Œ‹žƒj‰—ƒe“ú–{­•{˜D¼ˆŸ•Ù—ŒöŽgƒg®”Vƒj•˜^ƒX‰ÂƒLðŠ¼ƒ’Žæ‹Éƒ€‰ÂƒVƒ\ƒmˆ×ƒ“ü—pƒiƒ‹‘SŒ ƒ’˜DŒöŽgƒj•ƒXƒ‹ŽÒƒiƒŠ

Article 3   Regarding the interests of the natives who live in the respective territories that are being exchanged, which are noted in Article 5 of the treaty concluded this day, in Tokyo the government of Japan with the representative envoy of Russia are to decide the articles that should be attached to this [treaty]. [This supplementary note] [is a thing that] shall invest in the Russian envoy the full powers needed for [doing] this.

ç“‡Š’‘¾ŒðŠ·žŠ–ñ•˜^
Kurils Sakhalin Exchange Treaty Attachments
Tokyo, 22 August 1875
Japanese version Structural translation English version

Še­•{b–¯ƒmžÜ—˜‹y‘´g•ªŠŽ™_’n•û“ylƒmΓƒjƒcƒL
The rights of the subjects of the respective governments and their status,
and matters of natives of both territories

‘æˆêžŠ  

Article 1   [As for] subjects of Japan and Russia who live in the respective territories after exchange, those who wish to reside on land they presently possess, shall be able to sufficiently engage in their own occupations and shall receive protection. And within the boundaries of the lands they now possess, [they] shall have the right to fish and hunt, and [they] shall be exempt from all taxes concerning their own occupations during their life.

a)   The inhabitants of the territories ceded from one and the other, the Russian and Japanese subjects, who desire to remain domiciled in the localities which they occupy at present, shall be maintained in the full exercise of their industries. They shall retain the right of fishery and hunting within the limits belonging to them and shall be exempted from any tax on their respective industries for the rest of their life.

‘æ“ñžŠ   Š’‘¾ [ƒTƒJƒŠƒ“] “‡‹yƒNƒŠƒ‹“‡ƒjÝZƒZƒ“ƒgŒˆ’èƒXƒwƒLŠeb–¯ƒnŠ—LƒmžÜ—˜ƒ’—LƒXƒwƒV–”Œ»¡ŠŽƒm•s“®ŽYƒˆƒŠ¾“üƒXƒ‹•¨Œ‹yŠ—LƒmžÜ—˜ƒ’æš–¾ƒZƒ‹æš‘ƒ’“nƒV’uƒNƒwƒV

Article 2   The respective subjects who would decide to reside on Sakhalin island or the Kuril islands, shall have the right of possession. And they shall be given deeds that certify their right to the things they take in from, and the possession of, immovable properties they currently own.

b)   The Japanese subjects who will remain on the island of Sakhalin and the Russian subjects who will remain on the Kuril Islands shall be maintained and protected in the full exercise of their present right of property. Certificates shall be given to them, confirming their right of usufruct and ownership of the immovable properties in their possession.

‘æŽOžŠ   Š’‘¾ [ƒTƒJƒŠƒ“] “‡‹yƒNƒŠƒ‹“‡ƒjÝƒ‹Šeb–¯ƒnŽ©ŒÂƒm@Ž|ƒ’‘¸’ƒXƒ‹Γ‘SƒNŽ©—Rƒ^ƒ‹ƒwƒN–”âX`“°Ž›“°‹y•æŠƒnšÊŠQƒXƒwƒJƒ‰ƒX

Article 3   The respective subjects [shinmin "loyal people"] residing on Sakhalin island and the Kuril islands, shall be entirely free to respect their own religion. And chaples and temples, and graveyards, shall not be desecrated.

c)   A full and perfect freedom of religion is accorded to the Japanese subjects residing on the island of Sakhalin, as well as to the Russian subjects remaining on the Kuril Islands. The Churches, temples and cemeteries shall be respected.

‘æŽlžŠ   Š’‘¾ [ƒTƒJƒŠƒ“] “‡‹yƒNƒŠƒ‹“‡ƒjÝƒ‹“ylƒnŒ»ƒjZƒXƒ‹Šƒm’nƒj‰iZƒVŠŽ‘´˜ÔŒ»—ÌŽåƒmb–¯ƒ^ƒ‹ƒmžÜƒiƒVŒÌƒjŽáƒV‘´Ž©ŒÂƒm­•{ƒmb–¯ƒ^ƒ‰ƒ“Γƒ’—~ƒXƒŒƒn‘´‹Zƒm’nƒ’‹ŽƒŠ‘´—ÌŽåƒj›¢ƒXƒ‹“y’nƒj•‹ƒNƒwƒV–”‘´˜ÔÝ˜Òƒm’nƒj‰iZƒ’ŠèƒnR‘´Ðƒ’‰üƒ€ƒwƒVŠe­•{ƒn“yl‹ŽAŒˆSƒmਃŸžŠ–ñ•˜^ƒ’‰E“ylƒj’BƒXƒ‹“úƒˆƒŠŽOƒ–”Nƒm—P˜¬ƒ’äoƒw’uƒNƒwƒVŸŽOƒ–”N’†ƒn¥–˜ƒm’ÊŠ’‘¾“‡‹yƒNƒŠƒ‹“‡ƒjƒe“¾ƒ^ƒ‹“Á‹–‹y‹`–±ƒ’ÌƒZƒXƒVƒe‹™àؒ¹à×àؑ´‘¼•S”ʃmE‹Æƒ’šzƒ€Γ–WƒiƒVƒg嫃‚ã`ƒe’n•ûƒm‹K‘¥–”–@—߃’…•òƒXƒwƒV‘Oƒjqƒtƒ‹ŽOƒ–”NƒmŠúŒÀ‰ßƒLƒe—P™Ô•ûŒðŠ·àZƒm’nƒj‹ZƒZƒ“Γƒ’—~ƒXƒ‹“ylƒnã`ƒe‘´’nV—ÌŽåƒmb–¯ƒgƒiƒ‹ƒwƒV

Article 4   Natives who reside on Sakhalin island and the Kuril islands, shall not have the right to permanently live in the territory of the place where they presently live as they are be the subjects of their present sovereign. Accordingly, should they desire to be subjects of their own government they shall depart the territory of their domicile and proceed to a locality affiliated with that sovereign. And should they wish to as they are permanently live in the territory in which they have been residing, they shall have to change their [national] affiliation [seki "register"]. The respective governments, for the natives to decide a course, shall provide a stay of three years from the day they convey this treaty attachment to the natives [specified to the] right. During these three years, without change the concessions and duties that have obtained on Sakhalin island and the Kuril islands until now, there shall be no infringement of their engaging in fishing, hunting, and other sundry occupations, notwithstanding which [the natives] are to obey all regulations and laws of the region. When the previously stated three-year limit has passed, natives who still desire to domicile in the territory after the mutual exchange, all shall become subjects of the new sovereign of the territory.

d)   The aborigines of Sakhalin as well as of the Kurils shall not enjoy the right to remain domiciled in the localities which they now occupy and at the same time to keep their present subjection. If they desire to remain subject to their present Government they must leave their domicile and go to the territory belonging to their Sovereign; if they wish to remain domiciled in the localities which they occupy at present, they must change their subjection. They shall be given, however, a period of three years from the date of their notification of this supplementary treaty for making a decision on this matter. During these three years, they shall maintain the right of fishery, hunting and any other industry which they have been engaged in until this day, on the same conditions as regards privileges and obligations which have existed for them until now on the island of Sakhalin and on the Kuril islands, but during all this time they shall be subject to local laws and regulations. At the expiration of this term, the aborigines who are domiciled in the territories reciprocally ceded, shall become the subjects of the Government, to which the ownership of the territory will pass.

‘æŒÜžŠ   Š’‘¾“‡‹yƒNƒŠƒ‹“‡ƒm“ylƒnŠeŽ©ŒÂƒm@Ž|ƒ’‘¸’ƒXƒ‹Γ‘SƒNŽ©—Rƒ^ƒ‹ƒwƒV–”Ž›“°‹y•æŠƒnšÊŠQƒXƒwƒJƒ‰ƒX

Article 5 The natives of the island of Sakhalin and the Kuril islands, shall be entirely free to respect their own religion. And temples and graveyards shall not be desecrated.

e)   A full and perfect freedom of religion is accorded to all the aborigines of the island of Sakhalin and of the Kuril Islands. The temples and the cemeteries shall be respected.

‘æ˜ZžŠ   ŸžŠ–ñ•˜^ƒm‰EŒÜƒ–žŠƒjÚƒZƒ^ƒ‹‹c’èƒmŒXƒn–¾Ž¡”ª”NŒÜŒŽŽµ“ú¹”ä“ÁšÆƒj‰—ƒe’²ˆóàZƒmžŠ–ñƒj‰Áƒwƒ^ƒ‹ƒ‚“¯ƒVžÜ—̓Aƒ‹ƒ‚ƒmƒiƒŠ

Article 6   The various matters of the provisions that are in the right five articles of the attachment of this treaty, [are things that] shall have the same effect as the treaty already signed in St. Petersburg on the 7th day of the 5th month of the year of Meiji.

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1895 nationalization of Taiwan

Taiwanese gained Japanese nationality, first in accordance with terms in the Treaty of Shimonoseki [Nisshin Kowa Joyaku], then by virtue of the extension of the Nationality Law beyond the prefectures. The prefectures, which came to be called "naichi" (interior territory), were governed under laws which the Constitution extended to only the prefectures. Other laws had to be enacted in order to extend parts of interior laws to Taiwan and other "gaichi" (exterior territory), which were governed under laws other than those intended for prefectures.

The Treaty of Shimonoseki, ending the First Sino-Japanese War of 1894-1895, was signed on 17 April 1895 by representatives of Japan and China at Shimonoseki (‰ºŠÖ) in Japan. According to the treaty, ratifications were to be exchanged on 8 May 1895, at Chefuu (ŽÅ㧠WG Chih-fu, PY Zhifu), on the Shangtung (Shandong) peninsula, now the city of Yantai (‰Œ‘ä WG Yen-t'ai).

Subjecthood and nationality in Taiwan

The first paragraph of Article 5 of the treaty specified the terms that would determine the nationality of individuals residing in the affected territories, which included Formosa and the Pescadores Group -- and the southern part of Fengtien (Fengtian) province, namely the Liaotung (Liaodong) peninsula, the cession of which was nullified by the Liaodung Agreement of November that year, which provided instead that Japan be paid an indemnity).

The first paragraph of the English version of Article 5 reads as follows (bold emphasis mine).

Subjecthood of inhabitants of ceded territories (Excerpt)

The inhabitants of the territories ceded to Japan who wish to take up their residence outside the ceded districts shall be at liberty to sell their real property and retire. For this purpose a period of two years from the date of the exchange of ratifications of the present Act shall be granted. At the expiration of that period those of the inhabitants who shall not have left such territories shall, at the option of Japan, be deemed to be Japanese subjects.

In effect, all Taiwanese became Japanese automatically from the day the treaty came into force. Those who emigrated in accordance with the provisions of the above paragraph lost their Japanese nationality when they left Taiwan.

Japan's Nationality Law not exist until the spring of 1899. By summer it had been extended to Taiwan by an imperial ordinance concerning the enforcement in Taiwan of the Nationality Law and several other Interior laws and ordinances.

See Nationality in Taiwan for more details about the operation of the 1899 Nationality Law and other nationality issues in the territory.

American mediation

On 12 November 1894, the United States proposed conciliation in the war between Japan and China. Japan delined this proposal on 27 November. On 22 November, Japan and the United States agreed to normalize their relationship by 1899 -- meaning that America's extraterritoriality in Japan would end, and Japan would extend the US most-favored-nation treatment.

However, "America" was deeply involved in forging of the Treaty of Shimonoseki. John W. Foster (1836-1917), who participated in the treaty conference as a consultant to the government of China, is considered the author of its English version if not of some of the provisions.

Foster had recently retired as an American diplomat. He had served as America's ambassador to a number of countries, and had even been the Secretary of State in 1892-1893, on the eve of the Sino-Japanese War.

For a profile John W. Foster, see John W. Foster's 1897 address on the annexation of Hawaii (below).

Status of English version

The Treaty of Shimonoseki does not itself stipulate which language version is the most authoritative. However, the following two provisions of a protocol (‹c’菑 giteisho), signed on the same day by the same four plenipotentiaries, declare that the English version will be taken as the standard should the parties disagree over their interpretation of the Japanese or Chinese versions (my translation).

Status of English translation of 1895 Treaty of Shimonoseki (Excerpt from protocol)

‘æˆê@–{“ú’²ˆóƒZƒV›\˜ažŠ–ñƒj•ƒXƒ‹Šƒm‰p桕¶ƒnŠYžŠ–ñƒm“ú–{•¶–{•¶‹yŠ¿•¶–{•¶ƒg“¯ˆêƒmˆÓ‹`ƒ’—LƒXƒ‹ƒ‚ƒmƒ^ƒ‹ƒRƒgƒ’–ñƒX

‘æ“ñ@ŽáŠYžŠ–ñƒm“ú–{•¶–{•¶ƒgŠ¿•¶–{•¶ƒgƒmŠÔƒj‰ðç׃’ˆÙƒjƒVƒ^ƒ‹ƒgƒLƒn‘O‹L‰p桕¶ƒjˆËƒeŒˆÙƒXƒwƒLƒRƒgƒ’–ñƒX

1. [The parties] agree that the English translation which is attached to the peace treaty that was signed this day shall have the same meaning as the Japanese text and the Chinese text of the said treaty.

2. [The parties] agree that, at which time [they] differ in [their] interpretation between the Japanese text and the Chinese text of the said treaty, they shall decide [its meaning] in accordance with the aforementioned English translation.

Imperial ratification and sanction

The Treaty of Shimonoseki, as signed on 17 April 1895, stipulated in Article 11 that ratifications would be exchanged at Chefoo on 8 May 1895. This is generally understood to mean that copies of the treaties signed by plenipotentiaries would be approved by the sovereigns of the two countries, by affixing their seals to the copies, which would then be exchanged.

Apparently, however, Japan did not ratify the Japanese version until 10 May 1895, and the ratified treaty was not promulgated in the Official Gazette (Š¯•ñ Kanpō) until 13 May 1895.

The imperial ratification and sanction of the treaty was effected over the seal of the sovereign Mutsuhito [Meiji], followed by the signatures of prime minister Ito Hirobumi and foreign minister Mutsu Munemitsu, on 10 May 1895. Ito and Mutsu, of course, were also the plenipotentiaries who had signed the treaty at Shimonoseki.

The ratification and sanction specifically embraced the treaty and a separate agreement (•Ê–ñ betsuyaku) concerning Weihaiwei. However, ratifications are understood to include all protocols and and memoranda that are signed or exchanged in relation to a treaty and ancillary agreements.

1895 Treaty of Shimonoseki
Gave Japan Taiwan, the Pescadores, and Liaotung peninsula

A few parts of the treaty have been omitted. The article titles are mine.

Chinese text

The opening statement, in simpflied characters, is entirely rendered in Unicode until I can find a traditional character version. The rest of the text is in traditional characters, and graphs not found in JIS have been rendered in Unicode.

Japanese text

The Japanese text shown here is an edited version of the text as posted on the website of Tanaka Akihiko's "The World and Japan" Database Project at the Institute of Oriental Culture, University of Tokyo. The text is attributed to “ú–{ŠOŒð”N•\⍎å—v•¶‘ãŠªAŠO–±È (Nihon gaikō nenpyō narabi shuyō bunsho, jōkan, Gaimushō), pages 165-169). Many copies of this text are available on the internet.

Where the received copy has ŠÊ‚Ö‚ñ‚ÉŒ‡^ƒPƒc I have shown 㞠as this graph is used in the Chinese version, as well as in a web transcription by "Petronius" of a Japanese version attributed to “àŠtŠ¯•ñ‹Ç (•Ò), –@—ß‘S‘, ‘æ“ñ\”ªŠª, 2, “Œ‹žFŒ´‘–[, 1980). This transcription includes ratification and promulgation particulars, the separate agreement on Weihaiwei, and the protocol concerning the status of the "English translation text" (‰p桕¶).

English text

Copies of the English text abound on the internet. The text shown here is an edited version of the treaty as posted by www.taiwandocuments.org. The website attributed its text to Treaties between China and Foreign States Second Edition, Shanghai: by order of the Inspector General of Customs, 1917, Volume 2, pages 590-596.

The blue, green, and red highlighting is mine.

“úûC›\˜ažŠ–ñ (“ú´u˜að–ñ)
Treaty of peace between Japan and China
“ú´”n萞Š–ñ
Treaty of Makan [Shimonoseki] between Japan and China

Signed at Shimonoseki [Makan], 17 April 1895
Ratifications to be exchanged at Chefoo, 8 May 1895 (Article 11)

However, Japanese version ratified and sanctioned by Mutsuhito, 10 May 1895
Moreover, ratified Japanese version promulgated in Kanpo, 13 May 1895

Note   Although ratifications were scheduled to be formally exchanged at Chefoo on 8 May 1895, the Japanese version of the treaty and related agreements were not formally sealed by emperor Mutsuhito, and countersigned by prime minister Ito and foreign minister Mutsu, until 10 May, and were not promulgated by publication in the Official Gazette until 13 May 1895.

Opening

Note   The Chinese version uses 大清帝国 and 大日本帝国 and the Japanese version uses ‘吴š  and ‘å“ú–{š  for the entities called "China" and "Japan" in the English version. The Chinese version, but not the Japanese version, prefixes ‘å to its otherwise identical term (c’é•Ã‰º) for "His Majesty the Emperor".

大清帝国大皇帝陛下及大日本帝国大皇帝陛下为订立和约,俾两国及其臣民重修和平,共享幸福,且杜绝将来纷纭之端,大清帝国大皇帝陛下特简大清帝国钦差头等全权大臣太子太傅文华殿大学士北洋通商大臣直隶总督一等肃毅伯爵李鸿章、大清帝国钦差全权大臣二品顶戴前出使大臣李经方、大日本帝国大皇帝陛下特简大日本帝国全权办理大臣内阁总理大臣从二位勳一等伯爵伊藤博文、大日本帝国全权办理大臣外务大臣从二位勳一等子爵陆奥宗光为全权大臣,彼此校阅所奉谕旨,认明均属妥实无阙。会同议定各条款,开列于左:

‘å“ú–{š c’é•Ã‰º‹y‘吴š c’é•Ã‰ºƒn™_š ‹y‘´ƒmb–¯ƒj•½˜aƒmK•Ÿƒ’‰ñ•œƒVŠŽ›’˜Ò•´‹cƒm’[ƒ’œƒNƒRƒgƒ’—~ƒV›\˜ažŠ–ñƒ’’ùŒ‹ƒXƒ‹à¨ƒƒj‘å“ú–{š c’é•Ã‰ºƒn“àŠtã`—‘åbœn“ñˆÊŒMˆê“™”ŒŽÝˆÉ“¡”Ž•¶ŠO–±‘åbœn“ñˆÊŒMˆê“™ŽqŽÝ—¤šú@Œõƒ’‘吴š c’é•Ã‰ºƒn‘¾Žq‘¾˜ú•¶‰Ø“a‘å›{Žm–k—m‘åb’¼—êã`“ˆꓙãç‹B”Œ—›ƒÍ“ñ•i’¸‘Õ‘OoŽg‘åb—›ãS•ûƒ’Še‘´ƒm‘SžÜ‘åbƒj”C–½ƒZƒŠˆöƒeŠe‘SžÜ‘åbƒnŒÝƒj‘´ƒmˆÏ”Cóƒ’Ž¦ƒV‘´ƒm—ǍD‘Ãácƒiƒ‹ƒ’”FƒˆÈƒe¶ƒm”žŠŠ¼ƒ’‹¦‹cŒˆ’èƒZƒŠ

His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to restore the blessings of peace to their countries and subjects and to remove all cause for future complications, have named as their Plenipotentiaries for the purpose of concluding a Treaty of Peace, that is to say:

His Majesty the Emperor of Japan, Count ITO Hirobumi, Junii, Grand Cross of the Imperial Order of Paullownia, Minister President of State; and Viscount MUTSU Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs.

And His Majesty the Emperor of China, LI Hung-chang, Senior Tutor to the Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the province of Chili, and Earl of the First Rank; and LI Ching-fong, Ex-Minister of the Diplomatic Service, of the Second Official Rank:

Who, after having exchanged their full powers, which were found to be in good and proper form, have agreed to the following Articles:--

Korea

Note   The Chinese version uses ’†š  (WJ Chung-kuo, PY Zhong-guo) and ŠØš  (WG Han-kuo, PY Han-guo) and the Japanese version uses ´š  (Shin-koku) and ’©‘Nš  (Chōsen-koku) for the entities called "China" and "Korea" in the English version.

‘æˆêŠ¼

’†š ”F–¾–kŠØš Šmˆ×Š®‘S–³ãž”Và՗§Ž©Žåš CŒÌ–}—Låk‘¹‘´à՗§Ž©Žå铐§C‘¦”@ŠYš Œü’†š ŠCvàٓTâX“™CŽkŒã‘SsœEŒˆB

‘æˆêžŠ

´š ƒn’©‘Nš ƒmŠ®‘S–³ãžƒiƒ‹à՗§Ž©Žåƒmš ƒ^ƒ‹ƒRƒgƒ’Šm”FƒXˆöƒe‰Eà՗§Ž©Žåƒ’‘¹ŠQƒXƒwƒL’©‘Nš ƒˆƒŠ´š ƒj›”ƒXƒ‹vàٓTâX“™ƒn›’˜Ò‘SƒN”Vƒ’œEŽ~ƒXƒwƒV

Article 1

China recognises definitively the full and complete independence and autonomy of Korea, and, in consequence, the payment of tribute and the performance of ceremonies and formalities by Korea to China, in derogation of such independence and autonomy, shall wholly cease for the future.

Liaotung peninsula, Formosa, and Pescadores

Note   Articles 2 (a) and 3 were voided a month later when Japan retroceded Liaotung.

‘æ“ñŠ¼

’†š ›’ŠÇ—‰ºŠJ’n•û”VžÜC•À›’ŠY’n•ûŠ—LšÆšÜŒRŠíH±‹yˆêØ›¢Œö›”ÛC‰i‰“æ¨äo“ú–{B

     ˆêA‰ºŠJŠcŠEˆÈ內”V•ò“VÈ“ì粒n•ûˆÈŠ›û]ŸèŠY]ˆÈ’ïˆÀ•½‰ÍŒûC–”ˆÈŠY‰ÍŒûŠcŽŠ–P™€éAŠCéA‹yšzŒûŽ§Ž~CŠc¬ÜüˆÈ“ì’n•ûBŠ—L‘OŠJŠe éŽsCŠF•ïŠ‡ÝŠcŠEü內BŠYü’ïšzŒû”V—ɉ͌ãC‹y‡—¬ŽŠŠCŒûŽ~C”ލŸˆÈ‰Í’†Sˆ×ŠEB—É“Œàs“ìŠÝ‹y黃ŠC–kŠÝCÝ•ò“VŠ›¢”“‡–’ˆê•¹ÝŠæ¨ŠE內B

     “ñA‘äàs‘S“‡‹yŠ—L•›¢Še“‡›×B

     ŽOAàOŒÎ—ñ“‡C‘¦‰pš Ši—Ñ“òŽŸ“ŒãS•S\‹ã“x‹NŽŠ•S“ñ\“xŽ~C‹y–kˆÜŽO\ŽO“x‹NŽŠ“ñ\Žl“x”VŠÔ”“‡›×B

‘æ“ñžŠ

´š ƒn¶‹Lƒm“y’nƒmŽåžÜ⍃jŠY’n•ûƒjÝƒ‹é—ہA•ºŠí»‘¢Š‹yŠ¯—L•¨ƒ’‰i‰““ú–{š ƒjŠ„äoƒX

     ˆê@¶ƒmãSŠE“àƒjÝƒ‹•ò“VÈ“ì•”ƒm’n

     Š›—΍]ŒûƒˆƒŠŠY]ƒ’ŸèƒŠˆÀ•½‰ÍŒûƒjŽŠƒŠŠY‰ÍŒûƒˆƒŠ–P™€éAŠCéAšzŒûƒj˜iƒŠ—ɉ͌ûƒjŽŠƒ‹ÜüˆÈ“ìƒm’n•¹ƒZƒe‘O‹LƒmŠeéŽsƒ’•ïŠÜƒXŽ§ƒVƒe—ɉ̓’ˆÈƒeŠEƒgƒXƒ‹™|ƒnŠY‰Íƒm’†‰›ƒ’ˆÈƒeãSŠEƒgƒXƒ‹ƒRƒgƒg’mƒ‹ƒwƒV

     —É“Œàs“ŒŠÝ‹y‰©ŠC–kŠÝƒjÝƒe•ò“VÈƒj›¢ƒXƒ‹”“‡›×

     “ñ@äiàs‘S“‡‹y‘´ƒm•›¢”“‡›×

     ŽO@àOŒÎ—ñ“‡‘¦‰pš uƒOƒŠ[ƒ“ƒEƒBƒ`v“ŒãS•S\‹ã“x”TŽŠ•S“ñ\“x‹y–kˆÜ“ñ\ŽO“x”TŽŠ“ñ\Žl“xƒmŠÔƒjÝƒ‹”“‡›×

Article 2

China cedes to Japan in perpetuity and full sovereignty the following territories, together with all fortifications, arsenals, and public property thereon:--

     (a) The southern portion of the province of Fengtien within the following boundaries:

     The line of demarcation begins at the mouth of the River Yalu and ascends that stream to the mouth of the River An-ping, from thence the line runs to Feng-huang, from thence to Hai-cheng, from thence to Ying-kow, forming a line which describes the southern portion of the territory. The places above named are included in the ceded territory. When the line reaches the River Liao at Ying-kow, it follows the course of the stream to its mouth, where it terminates. The mid-channel of the River Liao shall be taken as the line of demarcation.

     This cession also includes all islands appertaining or belonging to the province of Fengtien situated in the eastern portion of the Bay of Liao-tung and the northern portion of the Yellow Sea.

     (b) The island of Formosa, together with all islands appertaining or belonging to the said island of Formosa.

     (c) The Pescadores Group, that is to say, all islands lying between the 119th and 120th degrees of longitude east of Greenwich and the 23rd and 24th degrees of north latitude.

‘æŽOŠ¼

‘OŠ¼ŠÚ‹yêu•–{š ”V’nš¤ŠŠcádŠEC˜Ö–{–ñ”áyŒÝŠ·”VŒãC™_š œäŠe ‘I”hŠ¯ˆõ“ñ–¼ˆÈãCˆ×Œö“¯Šc’èádŠEˆÏˆõCA’n“¥Š¨CŠm’èŠcŠEBŽá‹ö–{š  Š–ñádŠE˜°’nŒ`ˆ½’n—Šè—LâG“ï•s•Ö“™îCŠeŠYˆÏˆõ“™ác‘ÈיҎލX‰üB ŠeŠYˆÏˆõ“™ácœn‘¬辦—ŠE–±CˆÈŠú•òˆÏ”VŒãŒÀˆê”NvŽ–C’A‹öŠeŠYˆÏˆõ“™—L ŠX’èŠcŠEC™_š ­•{–¢ãS”F€ˆÈ‘OCœäŸ–{–ñŠ’èŠcŠEˆ×³B

‘æŽOžŠ

‘OžŠƒjŒfÚƒV•›¢’nš¤ƒjŽ¦ƒXŠƒmãSŠEüƒn–{–ñ”áyŒðŠ·Œã’¼ƒ`ƒj“ú´™_š ƒˆƒŠŠe“ñ–¼ˆÈãƒm‹«ŠE‹¤“¯Šc’èˆÏˆõƒ’”C–½ƒV›‰’nƒjAƒeŠm’èƒXƒ‹ŠƒAƒ‹ƒwƒLƒ‚ƒmƒgƒXŽ§ƒVƒeŽá–{–ñƒjŒf‹LƒXƒ‹Šƒm‹«ŠEƒjƒVƒe’nŒ`ã–”ƒnŽ{­ãƒmêyƒj•tŠ®‘Sƒiƒ‰ƒTƒ‹ƒj‰—ƒeƒnŠY‹«ŠEŠc’èˆÏˆõƒn”Vƒ’X³ƒXƒ‹ƒRƒgƒj”CƒXƒwƒV

ŠY‹«ŠEŠc’èˆÏˆõƒn¬ƒ‹ƒwƒN‘¬ƒj‘´ƒm”C–±ƒjœnŽ–ƒV‘´ƒm”C–½Œãˆê‰Ó”NˆÈ“àƒj”Vƒ’I—¹ƒXƒwƒV

’AƒVŠY‹«ŠEŠc’èˆÏˆõƒj‰—ƒeX’èƒXƒ‹ŠƒAƒ‹ƒjácƒŠƒe‘´ƒmX’èƒVƒ^ƒ‹Šƒj›”ƒV“ú´™_š ­•{ƒj‰—ƒe‰Â”FƒXƒ‹–˜ƒn–{–ñƒjŒf‹LƒXƒ‹ŠƒmãSŠEƒ’ˆÛŽƒXƒwƒV

Article 3

The alignment of the frontiers described in the preceding Article, and shown on the annexed map, shall be subject to verification and demarcation on the spot by a Joint Commission of Delimitation, consisting of two or more Japanese and two or more Chinese delegates, to be appointed immediately after the exchange of the ratifications of this Act. In case the boundaries laid down in this Act are found to be defective at any point, either on account of topography or in consideration of good administration, it shall also be the duty of the Delimitation Commission to rectify the same.

The Delimitation Commission will enter upon its duties as soon as possible, and will bring its labours to a conclusion within the period of one year after appointment.

The alignments laid down in this Act shall, however, be maintained until the rectifications of the Delimitation Commission, if any are made, shall have received the approval of the Governments of Japan and China.

Indemnities

‘æŽlŠ¼

’†š –ñ›’ŒÉ•½‹â“ñäÝäݙ_Œðäo“ú–{Cìˆ×”…žŒR”ïBŠYŠ¼•ªì”ªŽŸŒðŠ®B ‘æˆêŽŸŒÜçäݙ_CœäÝ–{–ñ”áyŒÝŠ·˜ZŒÂŒŽ內Œð´B‘æ“ñŽŸŒÜçäݙ_CœäÝ–{–ñ”áyŒÝŠ·Œã\“ñŒÂŒŽ內Œð´BéPŠ¼•½•ª˜ZŽŸC稔NŒð”[C‘´–@—ñ‰ºF‘æˆêŽŸ•½•ªç¨”N”VŠ¼C‰—™_”N內Œð´B‘æ“ñŽŸ‰—ŽO”N內Œð´C‘æŽOŽŸ‰—Žl”N內Œð´C‘æŽlŽŸ‰—ŒÜ”N內Œð´C‘æŒÜŽŸ‰—˜Z”N內Œð´C‘æ˜ZŽŸ‰—Žµ”N內Œð´B ‘´”N•ª‹ÏˆÈ–{–ñ”áyŒÝŠ·”VŒã‹NŽZB–”‘æˆêŽŸ”…Š¼Œð´ŒãC–¢ãSŒðŠ®”VŠ¼CœäˆÂ”N‰Á每•S’ŠŒÜ”V‘§C’A–³˜_‰½Žžœä”…”VŠ¼ˆ½‘SÉˆ½Šô•ªCæŠúŒð´C‹Ïã㒆š ”V•ÖB”@œnžŠ–ñ”áyŒÝŠ·”V“ú‹NŽO”N”V內”\‘SÉŠÒ´Cœ›’›ß•t‘§‹àˆ½™_”N”¼ˆ½•s‹y™_”N”¼‰—œä•t–{‹âJŠÒŠOCéP˜¹‘SÉ–Æ‘§B

‘æŽlžŠ

´š ƒnŒR”ï”…ž‹àƒgƒVƒeŒÉ•½‹âæƉ­™_ƒ’“ú–{š ƒjŽxcƒtƒwƒLƒRƒgƒ’–ñƒX‰E‹àŠzƒn“s‡”ª™dƒj•ªƒ`‰™d‹yŽŸ™dƒjƒn–ˆ™dŒÜçäݙ_ƒ’ŽxcƒtƒwƒVŽ§ƒVƒe‰™dƒmcžƒn–{–ñ”áyŒðŠ·Œã˜Z‰ÓŒŽˆÈ“àƒjŽŸ™dƒmcžƒn–{–ñ”áyŒðŠ·Œã\“ñ‰ÓŒŽˆÈ“àƒj‰—ƒeƒXƒwƒVŸkƒŠƒm‹àŠzƒn˜Z‰Ó”N•Šƒj•ªƒ`‘´ƒm‘æˆêŽŸƒn–{–ñ”áyŒðŠ·Œã“ñ‰Ó”NˆÈ“àƒj‘´ƒm‘æ“ñŽŸƒn–{–ñ”áyŒðŠ·ŒãŽO‰Ó”NˆÈ“àƒj‘´ƒm‘æŽOŽŸƒn–{–ñ”áyŒðŠ·ŒãŽl‰Ó”NˆÈ“àƒj‘´ƒm‘æŽlŽŸƒn–{–ñ”áyŒðŠ·ŒãŒÜ‰Ó”NˆÈ“àƒj‘´ƒm‘æŒÜŽŸƒn–{–ñ”áyŒðŠ·Œã˜Z‰Ó”NˆÈ“àƒj‘´ƒm‘æ˜ZŽŸƒn–{–ñ”áyŒðŠ·ŒãŽµ‰Ó”NˆÈ“àƒjŽxcƒtƒwƒV–”‰™dcžƒmŠú“úƒˆƒŠˆÈŒã–¢ƒ^cžƒ’—¹ƒ‰ƒTƒ‹Šzƒj›”ƒVƒeƒn–ˆ”N•S•ªƒmŒÜƒm—˜Žqƒ’ŽxcƒtƒwƒLƒ‚ƒmƒgƒX

’AƒV´š ƒn‰½Žžƒ^ƒŠƒgƒ‚ŠY”…ž‹àƒm‘SŠzˆ½ƒn‘´ƒmŠô•ªƒ’‘OˆÈƒeˆêŽžƒjŽxcƒtƒRƒgƒ’“¾ƒwƒV”@ƒV–{–ñ”áyŒðŠ·ŒãŽO‰Ó”NˆÈ“àƒjŠY”…ž‹àƒmã`Šzƒ’ŠFàZƒXƒ‹ƒgƒLƒnã`ƒe—˜Žqƒ’–ƏœƒXƒwƒVŽá•v–˜ƒj“ñ‰Ó”N”¼ŽáƒnXƒj’ZŠúƒm—˜Žqƒ’cžƒ~ƒ^ƒ‹ƒ‚ƒmƒAƒ‹ƒgƒLƒn”Vƒ’Œ³‹àƒj•Ò“üƒXƒwƒV

Article 4

China agrees to pay to Japan as a war indemnity the sum of 200,000,000 Kuping taels; the said sum to be paid in eight instalments. The first instalment of 50,000,000 taels to be paid within six months, and the second instalment of 50,000,000 to be paid within twelve months, after the exchange of the ratifications of this Act. The remaining sum to be paid in six equal instalments as follows: the first of such equal annual instalments to be paid within two years, the second within three years, the third within four years, the fourth within five years, the fifth within six years, and the the sixth within seven years, after the exchange of the ratifications of this Act. Interest at the rate of 5 per centum per annum shall begin to run on all unpaid portions of the said indemnity from the date the first instalment falls due.

China shall, however, have the right to pay by anticipation at any time any or all of the said instalments. In case the whole amount of the said indemnity is paid within three years after the exchange of the ratifications of the present Act all interest shall be waived, and the interest for two years and a half or for any less period, if any already paid, shall be included as part of the principal amount of the indemnity.

Subjecthood of inhabitants of ceded territories

‘æŒÜŠ¼

–{–ñ”áyŒÝŠ·”VŒãCŒÀ™_”N”V內C“ú–{€’†š æ¨äo’n•ûl–¯Šè‘J‹æ¨äo’n•û”VŠOŽÒC”C•ÖÌæ̏Š—L產‹Æ‘Þ‹ŽŠEŠOC’AŒÀŸÞ”VŒã®–¢‘JœoŽÒCŽÞ‹XŽ‹ˆ×“ú–{b–¯B–”‘äàsˆêÈœä˜°–{–ñ”áyŒÝŠ·ŒãC™_š —§‘¦Še”h‘åbŽŠ‘äàsCŒÀ˜°–{–ñ”áyŒã™_ŒÂŒŽŒðÚ´‘^B

‘æŒÜžŠ

“ú–{š ƒwŠ„‹»ƒZƒ‰ƒŒƒ^ƒ‹’n•ûƒmZ–¯ƒjƒVƒe‰EŠ„äoƒZƒ‰ƒŒƒ^ƒ‹’n•ûƒmŠOƒjZ‹ƒZƒ€ƒg—~ƒXƒ‹ƒ‚ƒmƒnŽ©—Rƒj‘´ƒmŠ—L•s“®ŽYƒ’æ̋pƒVƒe‘Þ‹ŽƒXƒ‹ƒRƒgƒ’“¾ƒwƒV‘´ƒmਃ–{–ñ”áyŒðŠ·ƒm“úƒˆƒŠ“ñ‰Ó”NŠÔƒ’—P˜¬ƒXƒwƒV’AƒV‰E”NŒÀƒmŸÞƒ`ƒ^ƒ‹ƒgƒLƒn–¢ƒ^ŠY’n•ûƒ’‹Žƒ‰ƒTƒ‹Z–¯ƒ’“ú–{š ƒm“s‡ƒjˆöƒŠ“ú–{š b–¯ƒgŽ‹à¨ƒXƒRƒgƒAƒ‹ƒwƒV

“ú´™_š ­•{ƒn–{–ñ”áyŒðŠ·Œã’¼ƒ`ƒjŠeˆê–¼ˆÈãƒmˆÏˆõƒ’äiàsÈƒw”hŒ­ƒVŠYÈƒmŽó“nƒ’ਃXƒwƒVŽ§ƒVƒe–{–ñ”áyŒðŠ·Œã“ñ‰ÓŒŽˆÈ“àƒj‰EŽó“nƒ’Š®—¹ƒXƒwƒV

Article 5

The inhabitants of the territories ceded to Japan who wish to take up their residence outside the ceded districts shall be at liberty to sell their real property and retire. For this purpose a period of two years from the date of the exchange of ratifications of the present Act shall be granted. At the expiration of that period those of the inhabitants who shall not have left such territories shall, at the option of Japan, be deemed to be Japanese subjects.

Each of the two Governments shall, immediately upon the exchange of the ratifications of the present Act, send one or more Commissioners to Formosa to effect a final transfer of that province, and within the space of two months after the exchange of the ratifications of this Act such transfer shall be completed.

Other concessions in China

‘æ˜ZŠ¼

[ . . . ]

’†š –ñ›’‰ºŠJæ¨äoŠeŠ¼CˆÈ™_š ‘SžÜ‘åb‰ŸŠWˆó“ú‹NC˜ZŒÂŒŽŒã•û‰ÂÆ辦B

     ‘æˆêAŒ©¡’†š ›ßŠJ’ʏ¤ŒûŠÝ”VŠOCœä€“YÝ‰ºŠJŠe™|C—§ˆ×’ʏ¤ŒûŠÝˆÈ•Ö“ú–{b–¯‰˜Ò‹¡‹õCœnŽ–¤‹ÆHåY»ìBŠ—L“YÝŒûŠÝC‹ÏÆŒüŠJ’ʏ¤ ŠCŒûˆ½ŒüŠJ內’n’ÁŽsÍ’öˆêé“辦—C œä“¾—D—á‹y—˜‰v“™C–’ácˆê—¥‹ŽóBiˆêjŒÎ–kÈŒtB•{¹ŽsB i“ñjŽlìÈdŒc•{BiŽOj]‘hÈ‘hB•{B iŽljŸ´]ÈYB•{B“ú–{­•{“¾”hŒ­—ÌŽ–Š¯˜°‘OŠJŠeŒû’“ãFB

     ‘æ“ñA“ú–{—Ö‘D“¾éj“ü‰ºŠJŠeŒûC•“‹s‹qåä‰^‰Ý•¨FiˆêjœnŒÎ–kÈ‹X¹Ÿè’·]ˆÈŽŠŽlìÈdŒc•{Bi“ñjœnãŠCéji吳ŸÂ]‹y‰^‰ÍˆÈŽŠ‘hB•{YB•{B’†“ú™_š –¢ãS¤’ès‘DÍ’öˆÈ‘OCãŠJŠeŒûs‘D–±ˆËŠOš ‘DÇéj“ü ’†š 內’n…˜HŒ©sÍ’öÆsB

     ‘æŽOA“ú–{b–¯Ý’†š 內’nw”ƒH‰ÝŒCŽáŽ©¶”V•¨Cˆ½›’iŒû¤‰Ý‰^‰內’n”V•¨C—~Žbs‘¶ž Cœ–Ü—f—A”[稅çâ”h徵ˆêØ—·”ïŠOC“¾Žb‘dž –[‘¶‰ÝB

     ‘æŽlA“ú–{b–¯“¾Ý’†š ’ʏ¤ŒûŠÝé—W”C•ÖœnŽ–Še€HåY»‘¢C–”“¾›’Še€‹@Ší”C•Öåä‰^iŒûC‘üŒðŠ’èiŒû稅B“ú–{b–¯Ý’†š »‘¢ˆêØ‰Ý•¨C ‘´˜°內’n‰^‘—稅C內’n稅çâ‰ÛY”hCˆÈ‹y’†š 內’nŸž‹yŠñ‘¶ž –[”V‰v‘¦Æ“úb–¯‰^“ü’†š ”V‰Ý•¨ˆêé“辦—CŽŠœä—D—á歏œC–’”œ•s‘Š“¯B

     ŽkŒã”@—LˆöˆÈã‰Á樔VŽ–œäúÍ’ö‹KžŠC‘¦Ú“ü–{Š¼Šâi”Vs‘D’ʏ¤žŠ–ñ內B

‘æ˜ZžŠ

[ . . . ]

´š ƒn‰EƒmŠO¶ƒmæ¨äoƒ’ਃVŽ§ƒVƒeŠYæ¨äoƒn–{–ñ’²ˆóƒm“úƒˆƒŠ˜Z‰ÓŒŽƒmŒã—LÁƒmƒ‚ƒmƒgƒX

     ‘æˆê@´š ƒj‰—ƒeŒ»ƒjŠeŠOš ƒjŒüƒeŠJƒL‹ƒ‹ŠƒmŠeŽs`ƒmŠOƒj“ú–{š b–¯ƒm¤‹ÆZ‹H‹Æ‹y»‘¢‹Æƒmਃƒj¶ƒmŽs`ƒ’ŠJƒNƒwƒV’AƒVŒ»ƒj´š ƒmŠJŽsêŠJ`êƒjsƒnƒ‹ƒ‹Šƒg“¯ˆêƒmžŠŒƒj‰—ƒe“¯ˆêƒm“Á“T‹y•Ö‰vƒ’‹—LƒXƒwƒLƒ‚ƒmƒgƒX

     ˆê@ŒÎ–kÈŒtB•{¹Žs

     “ñ@ŽlìÈdŒc•{

     ŽO@]‘hÈ‘hB•{

     Žl@Ÿ´]ÈYB•{

     “ú–{š ­•{ƒnˆÈã—ñ‹LƒXƒ‹ŠƒmŽs`’†‰½ƒŒƒm™|ƒjƒ‚—ÌŽ–Š¯ƒ’’uƒNƒmžÜ—˜ƒAƒ‹ƒ‚ƒmƒgƒX

     ‘æ“ñ@—·‹q‹y‰Ý•¨‰^‘—ƒmਃ“ú–{š ‹D‘Dƒmq˜Hƒ’¶‹LƒmêŠƒj–˜°’£ƒXƒwƒV

     ˆê@—gŽq]ã—¬ŒÎ–kÈ‹X¹ƒˆƒŠŽlìÈdŒcƒjŽŠƒ‹

     “ñ@ãŠCƒˆƒŠŒàŸÂ]‹y‰^‰Íƒj“üƒŠ‘hBYBƒjŽŠƒ‹

     “ú´™_š ƒj‰—ƒeVÍ’öƒ’‘Ã’èƒXƒ‹–˜ƒn‘O‹Lq˜Hƒj萃V“K—pƒV“¾ƒwƒLŒÀƒnŠOš ‘D”•´š “à’n…˜Hqsƒj萃Xƒ‹Œ»sÍ’öƒ’Ž{sƒXƒwƒV

     ‘æŽO@“ú–{š b–¯ƒJ´š “à’nƒj‰—ƒe‰Ý•i‹y¶ŽY•¨ƒ’w”ƒƒV–”ƒn‘´ƒm—A“üƒVƒ^ƒ‹¤•iƒ’´š “à’nƒw‰^‘—ƒXƒ‹ƒjƒn‰Ew”ƒ•i–”ƒn‰^‘—•iƒ’‘q“üƒXƒ‹à¨ƒ‰½“™ƒmÅ‹àŽæ—§‹àƒ’ƒ‚”[ƒ€ƒ‹ƒRƒgƒiƒNˆêŽž‘qŒÉƒ’ŽØ“üƒ‹ƒ‹ƒmžÜ—˜ƒ’—LƒXƒwƒV

     ‘æŽl@“ú–{š b–¯ƒn´š ŠeŠJŽsêŠJ`êƒj‰—ƒeŽ©—RƒjŠeŽíƒm»‘¢‹ÆƒjœnŽ–ƒXƒ‹ƒRƒgƒ’“¾ƒwƒN–”Š’èƒm—A“üÅƒ’cƒtƒmƒ~ƒjƒeŽ©—RƒjŠeŽíƒmŠíŠB—Þƒ’´š ƒw—A“üƒXƒ‹ƒRƒgƒ’“¾ƒwƒV

     ´š ƒj‰—ƒPƒ‹“ú–{š b–¯ƒm»‘¢ƒjŒWƒ‹ˆêØƒm‰Ý•iƒnŠeŽíƒm“àš ‰^‘—Å“à’n•Š‰Û‹àŽæ—§‹àƒj萃V–”´š “à’nƒj‰—ƒPƒ‹‘q“üãƒm•Ö‰vƒj萃V“ú–{š b–¯ƒJ´š ƒw—A“üƒVƒ^ƒ‹¤•iƒg“¯ˆêƒmŽæˆµƒ’ŽóƒPŠŽ“¯ˆêƒm“Á“T–Əœƒ’‹—LƒXƒwƒLƒ‚ƒmƒgƒX

     Ÿ“™ƒmæ¨äoƒj萃VXƒjÍ’öƒ’‹K’èƒXƒ‹ƒRƒgƒ’—vƒXƒ‹ê‡ƒjƒn”Vƒ’–{žŠƒj‹K’èƒXƒ‹Šƒm’ʏ¤qŠCžŠ–ñ’†ƒj‹ïÚƒXƒwƒLƒ‚ƒmƒgƒX

Article 6

[ . . . ]

China makes, in addition, the following concessions, to take effect six months after the date of the present Act:--

     First. The following cities, towns, and ports, in addition to those already opened, shall be opened to the trade, residence, industries, and manufactures of Japanese subjects, under the same conditions and with the same privileges and facilities as exist at the present open cities, towns, and ports of China:

     1. Shashih, in the province of Hupeh.

     2. Chungking, in the province of Szechwan.

     3. Suchow, in the province of Kiangsu.

     4. Hangchow, in the province of Chekiang.

     The Japanese Government shall have the right to station consuls at any or all of the above named places.

     Second. Steam navigation for vessels under the Japanese flag, for the conveyance of passengers and cargo, shall be extended to the following places:

     1. On the Upper Yangtze River, from Ichang to Chungking.

     2. On the Woosung River and the Canal, from Shanghai to Suchow and Hangchow.

     The rules and regulations that now govern the navigation of the inland waters of China by Foreign vessels shall, so far as applicable, be enforced, in respect to the above named routes, until new rules and regulations are conjointly agreed to.

     Third. Japanese subjects purchasing goods or produce in the interior of China, or transporting imported merchandise into the interior of China, shall have the right temporarily to rent or hire warehouses for the storage of the articles so purchased or transported without the payment of any taxes or extractions whatever.

     Fourth. Japanese subjects shall be free to engage in all kinds of manufacturing industries in all the open cities, towns, and ports of China, and shall be at liberty to import into China all kinds of machinery, paying only the stipulated import duties thereon.

All articles manufactured by Japanese subjects in China shall, in respect of inland transit and internal taxes, duties, charges, and exactions of all kinds, and also in respect of warehousing and storage facilities in the interior of China, stand upon the same footing and enjoy the same privileges and exemptions as merchandise imported by Japanese subjects into China.

     In the event additional rules and regulations are necessary in connexion with these concessions, they shall be embodied in the Treaty of Commerce and Navigation provided for by this Article.

Evacuation of Japanese forces

‘掵Š¼

“ú–{ŒR‘àŒ©’“’†š ‹«內ŽÒCœä‰—–{–ñ”áyŒÝŠ·”VŒãŽOŒÂŒŽ內“P‰ñC’A{ÆŽŸŠ¼Š’è辦—B

‘掵žŠ

Œ»ƒj´š ”Åš¤“àƒjÝƒ‹“ú–{š ŒR‘àƒm“P™dƒn–{–ñ”áyŒðŠ·ŒãŽO‰ÓŒŽ“àƒj‰—ƒeƒXƒwƒV’AƒVŽŸžŠƒjÚƒXƒ‹Šƒm‹K’èƒjœnƒtƒwƒLƒ‚ƒmƒgƒX

Article 7

Subject to the provisions of the next succeeding Article, the evacuation of China by the armies of Japan shall be completely effected within three months after the exchange of the ratificatioins of the present Act.

Weihaiwei

Note   Other notes exchanged the same day provisioned the occupation of Weihaiwei

‘攪Š¼

’†š ˆ×•Û暔F^›‰s–ñ內Š’ùŠeŠ¼Cããˆò“ú–{ŒR‘àŽb佔ŽçŽR“ŒÈˆÐŠC‰qB

[ . . . ]

‘攪žŠ

´š ƒn–{–ñƒm‹K’胒½›‰ƒjŽ{sƒXƒwƒL^•ÛƒgƒVƒe“ú–{š ŒR‘àƒmˆêŽžŽR“ŒÈˆÐŠC‰qƒ’è—̃Xƒ‹ƒRƒgƒ’³‘øƒX

[ . . . ]

Article 8

As a guarantee of the faithful performance of the stipulations of this Act, China consents to the temporary occupation by the military forces of Japan of Weihaiwei, in the province of Shantung.

[ . . . ]

Closing

‘æ\ˆêŠ¼

Ž©–{–ñ•ò‘吴š ‘åc’é•Ã‰º‹y“ú–{’éš ‘åc’é•Ã‰º”áy”VŒãC’艗Œõ“ñ\ˆê”NŽlŒŽ\Žl“úC‘¦“ú–{–¾Ž¡“ñ\”ª”NŒÜŒŽ‰”ª“úCÝ‰ŒäiŒÝŠ·Bˆ×Ÿ™_š ‘SžÜ‘åb–¼ŠWˆóCˆÈºMŽçB

‘æ\ˆêžŠ

–{–ñƒn‘å“ú–{š c’é•Ã‰º‹y‘吴š c’é•Ã‰ºƒj‰—ƒe”áyƒZƒ‰ƒ‹ƒwƒNŽ§ƒVƒe‰E”áyƒnŽÅ㧃j‰—ƒe–¾Ž¡“ñ\”ª”NŒÜŒŽ”ª“ú‘¦Œõ“ñ\ˆê”NŽlŒŽ\Žl“úƒjŒðŠ·ƒZƒ‰ƒ‹ƒwƒV

‰E暝ŸƒgƒVƒe™_’éš ‘SžÜ‘åbƒn䢃j‹L–¼’²ˆóƒXƒ‹ƒ‚ƒmƒiƒŠ–¾Ž¡“ñ\”ª”NŽlŒŽ\Žµ“ú‘¦Œõ“ñ\ˆê”NŽOŒŽ“ñ\ŽO“ú‰ºƒm萃j‰—ƒe“ñ’ʃ’ìƒ‹

‘å“ú–{’éš ‘SžÜ™ž—‘åb
“àŠtã`—‘åb
œn“ñˆÊ™¬ˆê“™”ŒŽÝ
ˆÉ“¡”Ž•¶@ˆó

‘å“ú–{’éš ‘SžÜ™ž—‘åb
ŠO–±‘åb
œn“ñˆÊ™¬ˆê“™ŽqŽÝ
—¤šú@Œõ@ˆó

‘吴’éš ‹Ô·“ª“™‘SžÜ‘åb‘¾Žq‘¾˜ú•¶‰Ø“a‘å›{Žm–k—m‘åb’¼è¯ã`“ˆꓙãç‹B”Œ
—›ƒÍ ˆó

‘吴’éš ‹Ô·‘SžÜ‘åb
“ñ•i’¸‘Õ‘OoŽg‘åb
—›ãS•û@ˆó

Article 11

The present Act shall be ratified by their Majesties the Emperor of Japan and the Emperor of China, and the ratifications shall be exchanged at Chefoo on the 8th day of the 5th month of the 28th year of MEIJI, corresponding to the 14th day of the 4th month of the 21st year of KUANG HSU.

In witness whereof the respective Plenipotentiaries have signed the same and affixed thereto the seal of their arms.

Done in Shimonoseki, in duplicate, this 17th day of the fourth month of the 28th year of MEIJI, corresponding to the 23rd day of the 3rd month of the 21st year of KUANG HSU.

Count ITO HIROBUMI, [L.S.]
Junii, Grand Cross of the Imperial Order of Paullownia
Minister President of State
Plenipotentiary of His Majesty the Emperor of Japan

Viscount MUTSU MUNEMITSU, [L.S.]
Junii, First Class of the Imperial Order of the Sacred Treasure
Minister of State for Foreign Affairs
Plenipotentiary of His Majesty the Emperor of Japan

LI HUNG-CHANG, [L.S.]
Plenipotentiary of His Majesty the Emperor of China
Senior Tutor to the Heir Apparent
Senior Grand Secretary of State
Minister Superintendent of Trade for the Northern Ports of China
Viceroy of the province of Chili
Earl of the First Rank

LI CHING-FONG
Plenipotentiary of His Majesty the Emperor of China
Ex-Minister of the Diplomatic Service, of the Second Official Rank

Top  


1895 Retrocession of Liaotung

The term "Liaotung peninsula" (—É“Œ”¼“‡) was not in fact used in the Shimonoseki treaty, which specified •ò“VÈ“ì粒n•û (Chinese), •ò“VÈ“ì•”ƒm’n (Japanese), and "southern portion of the province of Fengtien" (English). The same terminology was used in the treaty that retroceded the territory back to China, called the "Treaty for returning Fengtian Peninsula (•ò“V”¼“‡ŠÒ•tð–ñ) or the "Treaty of Peking" (–k‹žð–ñ) after the place where it was signed on 8 November 1895.

[ Pending ]

1895 Treaty of Peking
Retroceded Fengtien (Liaotung) peninsula to China for compensation

The article titles are mine.

Chinese text

The text has been pieced together from various web versions. Graphs not found in JIS have been rendered in Unicode.

Japanese text

The Japanese text shown here is an unvetted and incomplete version in present-day script and punctuation. It was scavanged from a net source that did not attribute its source. The net source deemed Article 6, concerning ratification and related matters, not of sufficient interest to cite.

However, a scan of an original signed copy of the Japanese version of the treaty can be viewed on the website of ƒAƒWƒA—ðŽjŽ‘—¿ƒZƒ“ƒ^[, the Japan Center for Asian Historical Records (JACAR), which is part of ‘—§Œö•¶‘ŠÙ, the National Archives of Japan. The copy is attributed to the Diplomatic Record Office, Ministry of Foreign Affairs.

English text

The text shown here is an edited version of the treaty as posted by www.taiwandocuments.org. This website, which calls the treaty "Liaotung Convention", attributed its text to Clive Parry, Consolidated Treaty Series, Volume 182, pages 128-129.

•ò“V”¼“‡ŠÒ•tð–ñ
Fengtian peninsula return treaty
•ò“V”¼“‡ŠÒ•tƒjŠÖƒXƒ‹ð–ñ
Treaty concerning Fengtien peninsula return
’†“ú—ɓ잊–ñ
Sino-Japanese Liao south treaty
—É“Œð–ñ
Liaotung Convention

–¾Ž¡28”N’º—ߍ†ŠO
Imperial ordinance extra-numerical of 1895
Signed at Peking 8 November 1895
Ratified by Japan 17 November 1895
Instruments of ratification exchanged at Peking 29 November 1895
Promulgated in Japan 4 December 1895

Opening

Note   The Chinese version uses 大清帝国 and 大日本帝国 and the Japanese version uses ‘吴š  and ‘å“ú–{š  for the entities called "China" and "Japan" in the English version. The Chinese version, but not the Japanese version, prefixes ‘å to its otherwise identical term (c’é•Ã‰º) for "His Majesty the Emperor".

Opening
‘吴š ‘åc’é•Ã‰ºA‘å“ú–{š ‘åc’é•Ã‰º—~’÷Œ‹žŠ–ñC—R“ú–{š ŒðŠÒ•ò“VÈ“ì粒n•ûCˆêØ˜¹Ÿd’†š ŠÇ—B‘吴š ‘åc’é•Ã‰ºŽŠÈ‹Ô·‘SžÜ‘åb‘¾Žq‘¾˜ú•¶‰Ø“a‘å›{Žmˆê“™ãç‹B”ŒŽÝ—›ƒÍG

‘å“ú–{š ‘åc’é•Ã‰º“ÁŠÈ‹Ô·’“H–k‹ž‘SžÜ‘åb³ŽlˆÊúˆˆê“™’jŽÝ—Ñ“ŸG

‹Ïìˆ×‘SžÜ‘åbCŒÝŽ¦Š•ò•¶œß‘ÃácC‹c’èŠežŠŠJ—ñ˜°¶F

‘å“ú–{c’é•Ã‰º‹y‚ё吴‘c’é•Ã‰º‚Í“ú–{‘‚æ‚è•ò“VÈ“ì•”‚Ì’nˆêØ‚𐴍‘‚ÉŠÒ•t‚·‚éˆ×‚ɏð–ñ‚ð’÷Œ‹‚·‚鎖‚ÉŒˆ‚µA”V‚ªˆ×‘å“ú–{’鍑c’é•Ã‰º‚Í–k‹ž’“ⲓÁ–½‘SŒ ŒöŽg³ŽlˆÊŒMˆê“™’jŽÝ—ÑŒO‚ðA‘吴‘c’é•Ã‰º‚͋Ӎ·‘SŒ ‘åb‘¾Žq‘¾“`•¶‰Ø“a‘åŠwŽmˆê“™ãç‹B”ŒŽÝ—›ƒÍ‚ðŠe‘´‚Ì‘SŒ ‘åb‚É”C–½‚µ‚½‚èBˆö‚Á‚Ä—¼‘‘SŒ ‘åb‚݂͌¢‚É‘´‚Ì‘SŒ ˆÏ”Có‚ðŽ¦‚µ‘´‚Ì‘P—ǑÓ–‚È‚é‚ð”F‚ߍ¶‚̏”ó‚ð‹¦‹cŒˆ’肹‚èB

His Majesty the Emperor of China and His Majesty the Emperor of Japan, desiring to conclude a Convention for the retrocession by Japan of all of the southern portion of the province of Fengtien to the sovereignty of China, have for that purpose named as their Plenipotentiaries, that is to say:

His Majesty the Emperor of China, LI HUNG-CHANG, Minister Plenipotentiary, Senior Tutor of the Heir Apparent, Senior Grand Secretary of State and Earl of the First Rank, and His Majesty the Emperor of Japan, Baron HAYASHI TADASU, Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary, who, after having communicated to each other their full powers, which were found to be in good and proper form, have agreed upon the following Articles:--

Retroceded territory

‘æˆêŠ¼

“ú–{š ›’Œõ“ñ\ˆê”NŽOŒŽ“ñ\ŽO“úC‘¦–¾Ž¡“ñ\”ª”NŽlŒŽ\Žµ“úC’ù—§‰º”V萞Š–ñ‘æ“ñŠ¼’†š æ¨äo“ú–{š ŠÇ—”V•ò“VÈ“ì粒n•ûC‘¦œnŠ›û]Œû’ïˆÀ•½‰ÍŒûŽŠ–P™€éAŠCé‹yšzŒûŽ§Ž~CˆÈ“ìŠeéŽs—WˆÈ‹y—É“Œàs“ŒŠÝA黃ŠC–kŠÝ•ò“VŠ›¢”“‡›×C›óÆ–{–ñ‘æŽOŠ¼Š’èC“ú–{š ŒR‘àˆê—¥“P‰ñ”VŽžCŠY’n•û內Š—LšÆšÜAŒRŠíH±‹yˆêØŠ›¢Œö•¨ŒC‰i‰“ŒðŠÒ’†š BˆöŸ‰º”V萞Š–ñ‘æŽOŠ¼C›ó‹[’ù—§—¤˜H’ʏ¤Í’ö”VŽ–Cìˆ×”ë˜_B

‘æˆêžŠ

“ú–{‘‚Í–¾Ž¡‚Q‚W”N‚SŒŽ‚P‚V“úA‘¦‚¿Œõ‚Q‚P”N‚RŒŽ‚Q‚R“ú’÷Œ‹‚̉ºŠÖð–ñ‘æ‚Qð‚Ɉö‚萴‘‚æ‚è“ú–{‘‚֏÷—^‚µ‚½‚é•ò“VÈ“ì•”‚Ì’n•û‘¦‚¿Š›—΍]‚æ‚èˆÀ•½‰ÍŒû‚ÉŽŠ‚è–P™€éŠCé‹y‚щcŒû‚ɘii‚킽j‚éˆÈ“ì‚ÌŠeéŽsA‹y‚Ñ—É“Œ˜p“ŒŠÝ•À‚тɉ©ŠC–kŠÝ‚ɍ݂è‚Ä•ò“VÈ‚É‘®‚·‚鏔”“‡‚̎匠‚ð‹“‚°–{ð–ñ‘æ‚Rð‚Ì‹K’è‚Ɉ˂è“ú–{‘ŒR‘à‚ª‘‚Ä“P‘Þ‚·‚鎞ŠY’n•û‚ÉŒ»Ý‚·‚éé—ہA•ºŠí»‘¢Š‹y‚ÑŠ¯—L•¨‚Æ‹¤‚ɉi‰“´‘‚ÉŠÒ•t‚·Bˆö‚Á‚ĉºŠÖð–ñ‘æ‚Rð‹y‚Ñ“¯ð–ñ’†—¤˜HŒð’Ê‹y‚Ñ–fˆÕ‚𗥂·‚éˆ×ˆê‚̏ð–ñ‚ð’÷Œ‹‚·‚ׂµ‚Æ‚Ì‹K’è‚Í”V‚ðŽæ‚èÁ‚·B

Article 1

Japan retrocedes to China in perpetuity and full sovereignty the southern portion of the province of Fengtien, which was ceded to Japan under Article 2 of the Treaty of Shimonoseki on the 23rd day of the 3rd month of the 21st year of KUANG HSU, corresponding to the 17th day of the 4th month of the 28th year of MEIJI, together with all fortifications, arsenals, and public property thereon at the time the retroceded territory is completely evacuated by the Japanese forces in accordance with the provisions of Article 3 of this Convention, that is to say, the southern portion of the province of Fengtien from the mouth of the River Yalu to the mouth of the River An-ping, thence to Feng-huang-ch'en, thence to Hai-ch'eng and thence to Ying-kow; also all cities and towns to the south of this boundary and ail islands appertaining or belonging to the province of Fengtien situated in the eastern portion of the Bay of Liaotung and in the northern part of the Yellow Sea. Article 3 of the Treaty of Shimonoseki is in consequence suppressed, as are also the provisions in the same Treaty with reference to the conclusion of a Convention to regulate frontier intercourse and trade.

Compensatory indemnity

‘æ“ñŠ¼

’†š –ñCˆ×V•ñŒðŠÒ•ò“VÈ“ì粒n•ûC›’ŒÉ•½‹âŽOçäݙ_C迨˜°Œõ“ñ\ˆê”N‹ãŒŽ“ñ\“úC‘¦–¾Ž¡“ñ\”ª”N\-ŒŽ\˜Z“úCŒðäo“ú–{š ­•{B

‘æ“ñžŠ

´‘­•{‚Í•ò“VÈ“ì•”‚Ì’nŠÒ•t‚Ì•ñV‚Æ‚µ‚Čɕ½‹â‚Rç–œ—¼‚𖾎¡‚Q‚W”N‚P‚PŒŽ‚P‚U“úA‘¦‚¿Œõ‚Q‚P”N‚XŒŽ‚R‚O“ú–˜‚É“ú–{‘­•{‚Ö•¥‚¢“ü‚邱‚Æ‚ð–ñ‚·B

Article 2

As compensation for the southern portion of the province of Fengtien, the Chinese Government engage to pay to the Japanese Government 30,000,000 Kuping taels on or before the 30th day of the 9th month of the 21st year of KUANG HSU, corresponding to the 16th day of the 11th month of the 28th year of MEIJI.

Evacuation of Japanese forces

‘æŽOŠ¼

’†š ›’–{–ñ‘æ“ñŠ¼Š’è”VVŠ¼ŒÉ•½‹âŽOçäݙ_Œðäo“ú–{š ­•{CŽ©¥“ú‹NCŒÜŒÂŒŽˆÈ內C“ú–{š ŒR‘àœnŠYŒðŠÒ’n•ûˆê—¥“P‰ñB

‘æŽOžŠ

–{ð–ñ‘æ‚Qð‚É‹K’肵‚½‚é•ñž‹àŒÉ•½‹â‚Rç–œ—¼‚𐴍‘‚æ‚è“ú–{‘‚Ö•¥‚¢“ü‚ꂽ‚é‚Æ‚«‚Í‘´‚Ì“ú‚æ‚èŽO‰ÓŒŽˆÈ“à‚ÉŠÒ•t’n‚æ‚è“ú–{‘ŒR‘à‚𑍂ēP‘Þ‚·‚ׂµ

Article 3

Within three months from the day on which China shall have paid to Japan the compensatory indemnity of 30,000,000 Kuping taels provided for in Article 2 of this Convention, the retroceded territory shall be completely evacuated by the Japanese forces.

No punishment of Chinese in connection with occupation by Japanese forces

‘æŽlŠ¼

’†š –ñC“ú–{š ŒR‘àèæõ”VŠÔCŠ—Lè渉ŠYš ŒR‘à”V’†š b–¯ŠT—\úª‘݁C›ó™ª—LŽi•s“¾¦ˆ×‘ߌnB

‘æŽlžŠ

´‘‚Í“ú–{‘ŒR‘àŠÒ•t’nè—Ì’†”V‚ÆŽíŽí‚ÌŠÖŒW‚ð—L‚µ‚½‚鐴‘b–¯‚ ‚é‚àA‚±‚ê‚ðˆ”±‚µŽá‚µ‚­‚͏ˆ”±‚¹‚µ‚ß‚´‚鎖‚ð–ñ‚·

Article 4

China engages not to punish in any manner, nor to allow to be punished, those Chinese subjects who have in any manner been compromised in connection with the occupation by the Japanese forces of the retroceded territory.

Chinese, Japanese, and English

‘æŒÜŠ¼

–{–ñ‘U›Š¿•¶A“ú–{•¶‹y‰p•¶Še“ñ份CZ›”–³‹UC–¼ŠWˆóCŠ¿•¶äo“ú–{•¶‹ö—L‰ð桎š‹`•s“¯”V™|CˆÈ‰p•¶ˆ×œßB

‘æŒÜžŠ

–{ð–ñƒn“ú–{•¶AŠ¿•¶A‰p•¶‚É‚ÄŠe“ñ’Ê‚ðì‚éBŽ§‚µ‚Ä”V‚ÌŽO–{•¶‚Í‘‚Ä“¯ˆê‚̈Ӌ`‚ð—L‚·‚Æ嫂àAŽá‚µ“ú–{•¶‚ÆŠ¿•¶‚Ƃ̊ԂɉðŽß‚ðˆÙ‚É‚µ‚½‚é‚Æ‚«‚͉p•¶‚É‚æ‚Á‚ÄŒˆÙ‚·‚ׂ«‚à‚Ì‚Æ‚·B

Article 5

The present Convention is signed in duplicate in the Chinese, Japanese, and English languages. All these texts have the same meaning and intention, but in case of any differences of interpretation between the Chinese and Japanese texts, such differences shall be decided by reference to the English text.

Closing

‘æ˜ZŠ¼

–{–ñ‹Ô•ò‘吴š ‘åc’é•Ã‰ºC‘å“ú–{š ‘åc’é•Ã‰º”áyCŽ©–¼ŠWˆó”V“ú‹N“ñ\ˆê“ú內CÝ–k‹žŒÝŠ·B

ˆ×Ÿ™_š ‘SžÜ‘åb–¼ŠWˆóCˆÈºMŽçB

‘吴’éš ‹Ô·‘SžÜ‘åb‘¾Žq‘¾˜ú•¶‰Ø“a‘å›{“yB
ˆê“™ãç‹B”ŒŽÝ
—›ƒÍ

‘å“ú–{’éš ‹Ô·’“H–k‹ž‘SžÜ‘åb³ŽlˆÊúˆˆê“™
’jŽÝ—Ñ“Ÿ

Œõ“ñ\ˆê”N‹ãŒŽ“ñ\“ñ“ú
–¾Ž¡“ñ\”ª”N\ˆêŒŽ‰”ª“ú

’ù˜°–k‹ž

‘æ˜ZžŠ

Article 6

The present Convention shall be ratified by His Majesty the Emperor of China and His Majesty the Emperor of Japan and the ratifications thereof shall be exchanged at Peking within 21 days from the present date.

IN WITNESS WHEREOF the respective Plenipotentiaries have signed the same and affixed thereto the seal of their arms.

DONE in Peking this 22nd day of the 9th month of the 21st year of KUANG HSU, corresponding to the 8th day of the 11th month of the 28th year of MEIJI.

LI HUNG-CHANG, [L.S.]
Minister Plenipotentiary of His Majesty the Emperor of China
Senior Tutor to the Heir Apparent
Senior Grand Secretary of State
Earl of the First Rank

Baron HAYASHI TADASU, [L.S.]
Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure
Grand Officer of the Imperial Order of the Rising Sun
Minister Plenipotentiary and Envoy Extraordinary of His Majesty the Emperor of Japan

Top  


1905 nationalization of Karafuto

The Russo-Japanese war is called, by some, World War Zero. The label may be justified by the extent that Russia and Japan deployed some of the newer weaponry and tactics of the times across several national boundaries, and involved so many other countries financially, logistically, and diplomatically.

If not itself exactly a world war, the long-building showdown between Russia and Japan did shift power balances that figured in Japan's expansions in East Asia and the Pacific, before and during the World War. And these developments affected the conditions that precipitated World War II.

Portsmouth treaty

Theodore Roosevelt was awarded the 1906 Nobel Peace Prize for mediating an end to the war between Russia and Japan that that began in 1904 and raged into 1905. The United States wanted to settle the war before Russia could win it in a second wind -- which would have caused huge loses for the US investors who had advanced war loans to Japan.

The peace treaty was written in English and French and signed at Portsmouth in New Hampshire. Portsmouth and the Japan-America Society of New Hampshire celebrated the centennial of the historic event in 2005. The event is kept alive by a thriving tourist industry and perennial academic forums.

Korea annexation and control of Manchuria

The Treaty of Portsmouth did not, to the chagrin of its critics in Japan, give Japan as much in return for its investment in men and material as a war of such scope and scale might have -- at least not in financial or territorial terms. It did, however, greatly strengthen Japan's position in Korea and Manchuria, and otherwise encouraged Japan to expand its sovereignty and influence to the peninsula and the continent

1905 Treaty of Portsmouth
Gave Japan southern half of Sakhalin and lease of Liaotung peninsula
Recognized Japan's interests in Korea and Manchuria

A few parts of the treaty have been omitted. The titles of the articles are mine.

Japanese Text

The treaty was done in both English and French, and the French version was the more authorative. The Japanese version had no legal significance.

The Japanese text shown here is an edited version of the text as posted on the website of Tanaka Akihiko's "The World and Japan" Database Project at the Institute of Oriental Culture, University of Tokyo. The text is attributed to “ú–{ŠOŒð”N•\⍎å—v•¶‘ãŠªAŠO–±È (Nihon gaikō nenpyō narabi shuyō bunsho, jōkan, Gaimushō), pages 245-249). Many copies of this text are available on the internet.

English text

The English text is based on one of many posted on the internet, all attributed to Sydney Tyler, The Japan-Russia War, The Minter Company (Harrisburg), 1905, pages 564-568. The full subtitle of one edition was "An Illustrated History of the War in the Far East. The Greatest Conflict of Modern Times. Illustrated by Photographs and Drawings Made by Eye-Witnesses."

French text

My apologies to Francophones who would like to see the treaty in French.

“ú˜Iu˜ažŠ–ñ
Treaty of peace between Japan and Russia
Signed at Portsmouth, New Hampshire, 5 September 1905
Ratifications exchanged in Washington, D.C., 25 November 1905
Opening

“ú–{š c’é•Ã‰º‹y‘S˜I¼˜±š c’é•Ã‰ºƒn™_š ‹y‘´ƒml–¯ƒj•½˜aƒmK•Ÿƒ’‰ñ•œƒZƒ€ƒRƒgƒ’—~ƒVu˜ažŠ–ñƒ’’÷Œ‹ƒXƒ‹ƒRƒgƒjŒˆ’èƒV”VƒJਃj“ú–{š c’é•Ã‰ºƒnŠO–±‘åbœnŽOˆÊŒMˆê“™’jŽÝ¬‘ºšæ‘¾˜YŠt‰º‹y˜±•Ä—˜‰Á‡Oš ’“™•“Á–½‘SžÜŒöŽgœnŽOˆÊŒMˆê“™‚•½¬ŒÜ˜YŠt‰ºƒ’‘S˜I¼˜±š c’é•Ã‰ºƒn . . . Št‰ºƒ’Še‘´ƒm‘SžÜˆÏˆõƒj”C–½ƒZƒŠˆöƒeŠe‘SžÜˆÏˆõƒnŒÝƒj‘´ƒmˆÏ”Cóƒ’Ž¦ƒV‘´ƒm—ǍD‘Ãácƒiƒ‹ƒ’”FƒˆÈƒe¶ƒm”žŠŠ¼ƒ’‹¦‹cŒˆ’èƒZƒŠ

The Emperor of Japan on the one part, and the Emperor of all the Russias, on the other part, animated by a desire to restore the blessings of peace, have resolved to conclude a treaty of peace, and have for this purpose named their plenipotentiaries, . . . who, after having exchanged their full powers, which were found to be in good and due form, and concluded the following articles:

‘æˆêžŠ

“ú–{š c’é•Ã‰ºƒg‘S˜I¼˜±š c’é•Ã‰ºƒgƒmŠÔ‹y™_š •À™_š b–¯ƒmŠÔƒj›’˜Ò•½˜a‹ye–rƒAƒ‹ƒwƒV

ARTICLE I

There shall henceforth be peace and amity between their Majesties the Emperor of Japan and the Emperor of all the Russias, and between their respective States and subjects.

Korea

‘æ“ñžŠ

˜I¼˜±’éš ­•{ƒn“ú–{š ƒJŠØš ƒj‰—ƒe­Ž–ãAŒRŽ–ã‹yãSàZãƒm‘ìâƒiƒ‹—˜‰vƒ’—LƒXƒ‹ƒRƒgƒ’³”FƒV“ú–{’éš ­•{ƒJŠØš ƒj‰—ƒe•K—vƒg”Fƒ€ƒ‹Žw“±A•ÛŒì‹yŠÄ—ƒm‘[’uƒ’Ž·ƒ‹ƒj•ûƒŠ”Vƒ’‘jâGƒV–”ƒn”VƒjŠ±ÂƒZƒUƒ‹ƒRƒgƒ’–ñƒX

ŠØš ƒj‰—ƒPƒ‹˜I¼˜±š b–¯ƒn‘¼ƒmŠOš ƒmb–¯–”ƒnl–¯ƒg‘S‘R“¯žéƒj‘Ò‹öƒZƒ‰ƒ‹ƒwƒN”Vƒ’Š·Œ¾ƒXƒŒƒnÅœ¨š ƒmb–¯–”ƒnl–¯ƒg“¯ˆêƒm’nˆÊƒj’uƒJƒ‹ƒwƒLƒ‚ƒmƒg’mƒ‹ƒwƒV

™_’÷–ñš ƒnˆêØŒë‰ðƒmŒ´ˆöƒ’”ðƒPƒ€ƒJਘIŠØŠÔƒmš ‹«ƒj‰—ƒe˜I¼˜±š –”ƒnŠØš ƒm—Ì“yƒmˆÀ‘Sƒ’N”—ƒXƒ‹Ž–ƒAƒ‹ƒwƒL‰½“™ƒmŒRŽ–ã‘[’uƒ’Ž·ƒ‰ƒTƒ‹ƒRƒgƒj“¯ˆÓƒX

ARTICLE II

The Imperial Russian Government, acknowledging that Japan possesses in Korea paramount political, military and economical interests engages neither to obstruct nor interfere with measures for guidance, protection and control which the Imperial Government of Japan may find necessary to take in Korea. It is understood that Russian subjects in Korea shall be treated in exactly the same manner as the subjects and citizens [jinmin = people] of other foreign Powers; that is to say, they shall be placed on the same footing as the subjects and citizens [jinmin = people] of the most favored nation. It is also agreed that, in order to avoid causes of misunderstanding, the two high contracting parties will abstain on the Russian-Korean frontier from taking any military measure which may menace the security of Russian or Korean territory.

Manchuria

‘æŽOžŠ

“ú–{š ‹y˜I¼˜±š ƒnŒÝƒj¶ƒmŽ–ƒ’–ñƒX

ˆê@–{žŠ–ñƒj•›¢ƒXƒ‹’ljÁ–ñŠ¼‘æˆêƒm‹K’èƒjœnƒq—É“Œ”¼“‡‘dŽØžÜƒJ‘´ƒmÁ—̓’‹yƒzƒX’nˆæˆÈŠOƒmŸÞFƒˆƒŠ‘S‘RŠŽ“¯Žžƒj“P•ºƒXƒ‹ƒRƒg

“ñ@‘O‹L’nˆæƒ’œƒNƒmŠOŒ»ƒj“ú–{š –”ƒn˜I¼˜±š ƒmŒR‘àƒj‰—ƒeè—̃V–”ƒn‘´ƒmŠÄ—ƒm‰ºƒjÝƒ‹ŸÞF‘S•”ƒ’§ƒPƒe‘S‘R´š ›“›¢ƒms­ƒjŠÒ•ƒXƒ‹ƒRƒg

˜I¼˜±’éš ­•{ƒn´š ƒmŽåžÜƒ’NŠQƒV–”ƒn‹@˜ð‹Ï“™Žå‹`ƒg‘Š—eƒŒƒTƒ‹‰½“™ƒm—Ì“yã—˜‰v–”ƒn—Dæ“IŽáƒn›“›¢“Iæ¨äoƒ’ŸÞFƒj‰—ƒe—LƒZƒTƒ‹ƒRƒgƒ’ãߖ¾ƒX

ARTICLE III

Japan and Russia mutually engage: First. -- To evacuate completely and simultaneously Manchuria, except the territory affected by the lease of the Liaotung Peninsula, in conformity with the provisions of the additional article I annexed to this treaty, and,

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

The Imperial Government of Russia declares that it has not in Manchuria any territorial advantages or preferential or exclusive concessions in the impairment of Chinese sovereignty, or inconsistent with the principle of equal opportunity.

‘æŽlžŠ

“ú–{š ‹y˜I¼˜±š ƒn´š ƒJŸÞFƒm¤H‹Æƒ’ᢒBƒZƒVƒƒ€ƒJਗñš ƒj‹¤’ʃXƒ‹ˆê”ʃm‘[’uƒ’Ž·ƒ‹ƒj•ûƒŠ”Vƒ’‘jâGƒZƒTƒ‹ƒRƒgƒ’ŒÝƒj–ñƒX

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 or industry of Manchuria.

Liaotung peninsula

‘æŒÜžŠ

˜I¼˜±’éš ­•{ƒn´š ­•{ƒm³‘øƒ’ˆÈƒe—·‡ŒûA‘å˜@•À‘´ƒm•‹ßƒm—Ì“y‹y—̐…ƒm‘dŽØžÜ‹yŠY‘dŽØžÜƒj萗üƒV–”ƒn‘´ƒmˆê•”ƒ’‘g¬ƒXƒ‹ˆêØƒmžÜ—˜A“ÁžÜ‹yæ¨äoƒ’“ú–{’éš ­•{ƒjˆÚçz樓nƒX˜I¼˜±’éš ­•{ƒn–”‘O‹L‘dŽØžÜƒJ‘´ƒmÁ—̓’‹yƒzƒX’nˆæƒj‰—ƒPƒ‹ˆêØƒmŒö‹¤šz‘¢•¨‹yàŽYƒ’“ú–{’éš ­•{ƒjˆÚçz樓nƒX

™_’÷–ñš ƒn‘O‹L‹K’èƒjŒWƒ‹´š ­•{ƒm³‘øƒ’“¾ƒwƒLƒRƒgƒ’ŒÝƒj–ñƒX

“ú–{’éš ­•{ƒj‰—ƒeƒn‘O‹L’nˆæƒj‰—ƒPƒ‹˜I¼˜±š b–¯ƒmàŽYžÜƒJŠ®‘Sƒj‘¸dƒZƒ‰ƒ‹ƒwƒLƒRƒgƒ’–ñƒX

ARTICLE V

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

The two contracting parties mutually engage to obtain the consent of the Chinese Government mentioned in the foregoing stipulation.

The Imperial Government of Japan, on its part, undertakes that the proprietary rights of Russian subjects in the territory above referred to shall be perfectly respected.

‘æ˜ZžŠ

˜I¼˜±’éš ­•{ƒn’·tiŠ°éŽqj—·‡ŒûŠÔƒmèc“¹‹y‘´ƒmˆêØƒmŽxü•À“¯’n•ûƒj‰—ƒe”Vƒj•›¢ƒXƒ‹ˆêØƒmžÜ—˜A“ÁžÜ‹yàŽY‹y“¯’n•ûƒj‰—ƒeŠYèc“¹ƒj›¢ƒV–”ƒn‘´ƒm—˜‰vƒmਃƒjãSšzƒZƒ‰ƒ‹ƒ‹ˆêØƒm’YBƒ’•âžƒ’ŽóƒNƒ‹ƒRƒgƒiƒNŠŽ´š ­•{ƒm³‘øƒ’ˆÈƒe“ú–{’éš ­•{ƒjˆÚçz樓nƒXƒwƒLƒRƒgƒ’–ñƒX

™_’÷–ñš ƒn‘O‹L‹K’èƒjŒWƒ‹´š ­•{ƒm³‘øƒ’“¾ƒwƒLƒRƒgƒ’ŒÝƒj–ñƒX

ARTICLE VI

The Imperial Russian Government engages to transfer and assign to the Imperial Government of Japan, without compensation and with the consent of the Chinese Government, the railway between Chang-chunfu and Kuanchangtsu and Port Arthur, and all the branches, together with all the rights, privileges and properties appertaining thereto in that region, as well as all the coal mines in 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.

‘掵žŠ

“ú–{š ‹y˜I¼˜±š ƒnŸÞFƒj‰—ƒPƒ‹ŠeŽ©ƒmèc“¹ƒ’‘SƒN¤H‹Æƒm–Ú“IƒjŒÀƒŠãSšzƒVŒˆƒVƒeŒR—ªƒm–Ú“Iƒ’ˆÈƒe”Vƒ’ãSšzƒZƒTƒ‹ƒRƒgƒ’–ñƒX

ŠY§ŒÀƒn—É“Œ”¼“‡‘dŽØžÜ—́oƒ}ƒ}p‘´ƒmÁ—̓’‹yƒzƒX’nˆæƒj‰—ƒPƒ‹èc“¹ƒj“K—pƒZƒTƒ‹ƒ‚ƒmƒg’mƒ‹ƒwƒV

ARTICLE VII

Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial purposes and nowise for strategic purposes. It is understood that this restriction does not apply to the railway in the territory affected by the lease of the Liaotung Peninsula.

‘攪žŠ

“ú–{’éš ­•{‹y˜I¼˜±’éš ­•{ƒnŒð’Ê‹y‰^—Aƒ’‘iƒVŠŽ”Vƒ’•ÖˆÕƒiƒ‰ƒVƒ€ƒ‹ƒm–Ú“Iƒ’ˆÈƒeŸÞFƒj‰—ƒPƒ‹‘´ƒmÚã”èc“¹‹Æ–±ƒ’‹K’èƒZƒ“ƒJਐ¬ƒ‹ƒwƒN‘¬ƒj•Ê–ñƒ’’÷Œ‹ƒXƒwƒV

ARTICLE VIII

The imperial Governments of Japan and Russia with the 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.

Sakhalin and nearby regions

‘æ‹ãžŠ

˜I¼˜±’éš ­•{ƒnŽF™ûšw“‡“ì•”‹y‘´ƒm•‹ßƒj‰—ƒPƒ‹ˆêØƒm“‡›×•ÀŠY’n•ûƒj‰—ƒPƒ‹ˆêØƒmŒö‹¤šz‘¢•¨‹yàŽYƒ’Š®‘Sƒiƒ‹ŽåžÜƒg‹¤ƒj‰i‰““ú–{’éš ­•{ƒjæ¨äoƒX‘´ƒmæ¨äo’nˆæƒm–k•û‹«ŠEƒn–kˆÜŒÜ\“xƒg’胀ŠY’nˆæƒm³Šmƒiƒ‹‹«ŠEüƒn–{žŠ–ñƒj•›¢ƒXƒ‹’ljÁ–ñŠ¼‘æ“ñƒm‹K’èƒjœnƒq”Vƒ’Œˆ’èƒXƒwƒV

“ú–{š ‹y˜I¼˜±š ƒnŽF™ûšw“‡–”ƒn‘´ƒm•‹ßƒm“‡›×ƒj‰—ƒPƒ‹ŠeŽ©ƒm—Ì’n“àƒjšÆšÜ‘´ƒm‘¼”Vƒj—ÞƒXƒ‹ŒRŽ–ãHì•¨ƒ’’z‘¢ƒZƒTƒ‹ƒRƒgƒjŒÝƒj“¯ˆÓƒX–”™_š ƒnŠe@’JŠC‹¬‹yèåè؊C‹¬ƒmŽ©—RqŠCƒ’–hâGƒXƒ‹ƒRƒgƒAƒ‹ƒwƒL‰½“™ƒmŒRŽ–ãŽØ’uƒ’Ž·ƒ‰ƒTƒ‹ƒRƒgƒ’–ñƒX

ARTICLE IX

The Imperial Russian Government cedes to the Imperial Government of Japan in perpetuity and full sovereignty the southern portion of the Island of Saghalin and all the islands adjacent thereto and the 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 the additional article II annexed to this treaty.

Japan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalin or the adjacent islands any fortification or other similar military works. They also respectively engage not to take any military measures which may impede the free navigation of the Strait of La Perouse and the Strait of Tartary.

Japanese and Russian and foreign subjects

‘æ\žŠ

“ú–{š ƒjæ¨äoƒZƒ‰ƒŒƒ^ƒ‹’nˆæƒmZ–¯ƒ^ƒ‹˜I¼˜±š b–¯ƒj•tƒeƒn‘´ƒm•s“®ŽYƒ’æ̋pƒVƒe–{š ƒj‘Þ‹ŽƒXƒ‹ƒmŽ©—Rƒ’—¯•ÛƒX’AƒVŠY˜I¼˜±š b–¯ƒj‰—ƒeæ¨äo’nˆæƒjÝ—¯ƒZƒ€ƒg—~ƒXƒ‹ƒgƒLƒn“ú–{š ƒm–@—¥‹yŠÇŠžÜƒj•žœnƒXƒ‹ƒRƒgƒ’žŠŒƒgƒVƒeŠ®‘Sƒj‘´ƒmE‹ÆƒjœnŽ–ƒVŠŽàŽYžÜƒ’sŽgƒXƒ‹ƒj‰—ƒeŽxŽ•ÛŒìƒZƒ‰ƒ‹ƒwƒV“ú–{š ƒn­Ž–ã–”ƒns­ãƒmžÜ”\ƒ’Ž¸ƒqƒ^ƒ‹Z–¯ƒj›”ƒV‘O‹L’nˆæƒj‰—ƒPƒ‹‹ZžÜƒ’“P‰ñƒV–”ƒn”Vƒ’ŠY’nˆæƒˆƒŠ•ú’€ƒXƒwƒL[•ªƒmŽ©—Rƒ’—LƒX’AƒV“ú–{š ƒn‘O‹LZ–¯ƒmàŽYžÜƒJŠ®‘Sƒj‘¸dƒZƒ‰ƒ‹ƒwƒLƒRƒgƒ’–ñƒX

ARTICLE X

It is reserved to 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 protected in the full exercise of their industries and rights of property on condition of submitting to the Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right of residence in or to deport from such territory of any inhabitants who labor under political or administrative disability. She engages, however, that the proprietary rights of such inhabitants shall be fully respected.

‘æ\ˆêžŠ

˜I¼˜±š ƒn“ú–{ŠCEuƒIƒR[ƒcƒNvŠC‹yuƒx[ƒŠƒ“ƒOvŠCƒj•mƒXƒ‹˜I¼˜±š —Ì’nƒm‰ˆŠÝƒj‰—ƒPƒ‹‹™‹ÆžÜƒ’“ú–{š b–¯ƒj‹–äoƒZƒ€ƒJਓú–{š ƒg‹¦’胒ƒiƒXƒwƒLƒRƒgƒ’–ñƒX

‘O€ƒm–ñ‘©ƒn‘O‹L•û–ʃj‰—ƒeŠùƒj˜I¼˜±š –”ƒnŠOš ƒmb–¯ƒj›¢ƒXƒ‹ŠƒmžÜ—˜ƒj‰e‹¿ƒ’‹yƒTƒTƒ‹ƒRƒgƒj™Ô•û“¯ˆÓƒX

ARTICLE XI

Russia engages to arrange with Japan for granting to Japanese subjects rights of fishery along the coasts of the Russian possession in the Japan, Okhotsk and Bering Seas.

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

Ratifications

‘æ\ŽlžŠ

–{žŠ–ñƒn“ú–{š c’é•Ã‰º‹y‘S˜I¼˜±š c’é•Ã‰ºƒj‰—ƒe”áyƒZƒ‰ƒ‹ƒwƒVŠY”áyƒn¬ƒ‹ƒwƒN‘¬ƒjŠŽ”@‰½ƒiƒ‹ê‡ƒj‰—ƒeƒ‚–{žŠ–ñ’²ˆóƒm“úƒˆƒŠ‚T‚O“úˆÈ“àƒj“Œ‹ž’“Ⲙŗ–¼š ŒöŽg‹y¹”Þ“¾šÆ’“Ⲙ±•Ä—˜‰Á‡Oš ‘åŽgƒ’ãSƒe“ú–{’éš ­•{‹y˜I¼˜±’éš ­•{ƒjŠe”Vƒ’’ʍƒXƒwƒVŽ§ƒVƒe‘´ƒmIƒm’ʍƒm“úƒˆƒŠ–{žŠ–ñƒn‘S•”ƒ’’ʃVƒeŠ®‘SƒmÁ—̓’¶ƒXƒwƒV³Ž®ƒm”áyŒðŠ·ƒn¬ƒ‹ƒwƒN‘¬ƒj‰Ø·“Úƒj‰—ƒe”Vƒ’sƒtƒwƒV

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 be with as little delay as possible, and in any case no later than fifty days from the date of the signature of the treaty, to be announced to the Imperial Governments of Japan and Russia respectively through the French Minister at Tokio and the Ambassador of the United States at St. Petersburg, and from the date of the latter of such announcements shall in all its parts come into full force. The formal exchange of ratifications shall take place at Washington as soon as possible.

Languages

‘æ\ŒÜžŠ

–{žŠ–ñƒn‰p‹g—˜•¶‹y˜Å—–¼•¶ƒ’ˆÈƒeŠe“ñ’ʃ’ìƒŠ”Vƒj’²ˆóƒXƒwƒV‘´ƒmŠe–{•¶ƒn‘S‘R•„‡ƒXƒg嫃‚‘´ƒm‰ðç׃j·ˆÙƒAƒ‹ê‡ƒjƒn˜Å—–¼•¶ƒjŸƒ‹ƒwƒV

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 a discrepancy in the interpretation the French text shall prevail.

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US treaties and acts

The treaties which facilitated Japan's nationalization of new territories were unexceptional within the global conventions of such treaties, as a look at some other mid and late 19th-century cession treaties makes clear.

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1844 nationalization of Texas

Commodore Perry and the USS Mississippi
in the Mexican-American War of 1846-1848

The United States annexed numerous territories in its sea-to-shining-sea expansion. The "voluntary" annexation of Texas, proposed in 1837 and achieved in 1844, triggered the Mexican-American War of 1846-1848.

Mexico opposed the annexation on the grounds that Texas was a renegade province. The war spread to the Pacific coast through other Mexican territories that are now parts of the United States. This was the war for which Henry David Thoreau refused to pay taxes and went to jail.

Mexico, the loser, was forced to sign treaties in which it ceded to the United States the provinces of Alta California (now California, Nevada, and Utah, and parts of Arizona and Wyoming) and Santa Fé de Nuevo México (now the greater part of New Mexico).

During the Mexican-American War, Commodore Matthew Calbraith Perry (1794-1858) captured several Mexican fortifications in the Gulf of Mexico, commanding the USS Mississippi, the same ship from which he showed the American flag to Japan in 1853.

A treaty of annexation,
concluded between the United States of America and the Republic of Texas,
at Washington the 12th day of April, 1844

The people of Texas having, at the time of adopting their constitution, expressed by an almost unanimous vote, their desire to be incorporated into the Union of the United States . . .

[ . . . ]

ARTICLE I

The Republic of Texas, acting in conformity with the wishes of the people and every department of its government, cedes to the United States all its territories, to be held by them in full property and sovereignty, and to be annexed to the said United States as one of their Territories . . . .

ARTICLE II

The citizens of Texas shall be incorporated into the Union of the United States . . . .

[ . . . ]

ARTICLE IX

. . . In witness whereof, we, the undersigned plenipotentiaries of the United States of America and of the Republic of Texas, have signed, by virtue of our powers the present treaty of Annexation, and have hereunto affixed our seals respectively . . . .

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1867 nationalization of Alaska

Stephan makes the following comments about the the 1875 Sakhalin-Kuril Exchange Treaty of St. Petersburg (The Kuril Islands, 1974).

The aboriginal inhabitants did not fare so well. They were given three years in which to choose a national affiliation. (Page 94)

On Shumshu, the [Japanese] officials served notice to the assembled natives that their disposition depended upon their choice of citizenship. (Page 106)

I am not sure what "citizenship" Stephan had in mind. But the three-year grace period in which to decide upon an affiliation was standard.

Three-year grace period in 1867 Alaska treaty

On 30 March 1867, Secretary of State William H. Seward agreed to purchase Alaska from Russia for 7.2 million dollars. Article II of the Treaty of Cession provided that all inhabitants except "uncivilized native tribes" who remained in the territority would in effect become "citizens" of the United States. "Uncivilized tribes" would be treated in accordance with other policies.

The official languages of the Alaska treaty were English and French. The treaty was signed in the city of Washington, the capital of the United States better known as the District of Columbia.

Treaty of Cession
15 Stat. 539

Treaty concerning the Cession of the Russian Possessions in North America by his Majesty the Emperor of all the Russias to the United States of America; Concluded March 30, 1867; Ratified by the United States May 28, 1867; Exchanged June 20, 1867; Proclaimed by the United States June 20, 1867.

ARTICLE III

The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country.

Just as many Japanese felt betrayed that their government had swapped half of Sakhalin for the Northern Kurils -- a substantial piece of familiar real estate for remote islands that led to nowhere -- not a few Americans felt that the United States had thrown away a huge amount of money for nothing.

Yet half a century later the United States, during World War II, is thinking of the Kurils in the same way it thought of Alaska.

Stephan includes in his book this very interesting document he identifies as "Memorandum of the Divisiion of Territorl Studies by George H. Blakeslee" dated 28 December 1944. The document runs over four pages. Here I will show only part of the heading and the third paragraph under "Description" (Stephan, The Kuril Islands, 1974, pages 240-241).

28 December 1944

SECRET

JAPAN: TERRITORIAL PROBLEMS
THE KURILE ISLANDS

I. The Problem
II. Basic Factors
A. Description

[ . . . ]

The Kuriles are important strategically to both Japan and the Soviet Union because they are a connecting chain between the two countries and provide bases for both defense and attack. They are also important to the Soviet Union because they form a military screen to the ocean approach to the Okhotsk Sea and the Maritime provinces. They are important to the United States because they are near the Aleutians, form part of the land-bridge between Japan and Alaska, and are situated on the great-circle route between the United States and Japan. Japan has established a number of fortified air and naval bases on the islands.

[ . . . ]

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Hawaii

The annexation of the Sandwich Islands or Hawaii in 1898 as the Territory of Hawaii, and the integration of the territory into the United States as a Union State in 1959, are perhaps the most important chapters in the history of America's "shore to shining shore" expansionism, which didn't stop on the west coast of the North American continent. Unlike The Philippines (see below), which the United States also acquired in 1898, as part of the settlement following the Spanish-American War, Hawaii would not reverted to the sovereignty of its inhabitants, in particular the indigenous Kingdom of Hawaii from whom which America essentially took the islands. The following articles tell part of the annexation story and its aftermath.

Top  


John W. Foster's 1897 address on annexation of Hawaii

John Watson Foster (1836-1917) was the Secretary of State of the United States from 1892 to 1893. He became a journalist, then a politician, after serving as a general in the Union Army during the Civil War.

Foster was president Benjamin Harrison's secretary of state from 29 June 1892 to 23 February 1893. His post thus began shortly after the Geary Act of 5 May 1892 extended and hardened the 1882 Chinese Exclusion Act. Foster, like most others of his caste and generation, was a proponent of exclusion.

Family ties

Foster passed his enthusiasm for foreign affairs to his grandson, John Foster Dulles (1888-1959). Dulles began his deep involvement with US foreign policy after the World War when president Woodrow Wilson appointed him as legal counsel to the US delegation at the Versailles Peace Conference.

At the peace conference, which Wilson chaired, Dulles worked under his uncle, Robert Lansing (1864-1928), Wilson's secretary of state and nominal head of the US delegation. Dulles's younger brother, Allen Welsh Dulles (1893-1969), served a long term as head of the Central Intelligence Agency.

American hand in the Treaty of Shimonoseki

Foster had served as the US minister to Mexico, Russia, and Spain before his appointment as secretary of state. After his post at state, he continued to be deeply involved in foreign affairs, arguably serving American interests even when assisting a foreign government.

One of the most interesting turns in Foster's career came in the wake of the Sino-Japanese War of 1894-1895. As a legal consultant and commissioner to the Qing Dynasty, he drafted the English version the Treaty of Shimonoseki which ceded Taiwan, the Pescadores, and the Liaotung peninsula to Japan -- among other concessions that favored Japan's ascendancy in East Asia and changed the course of regional and global history.

American Diplomacy in the Orient

Foster wrote at length about US diplomacy in Asia, including his own experiences in the region, in the following book, which includes a chapter on "Chinese Immigration and Exclusion".

This book is a bible of facts, analyses, and opinions by an insider, with emphasis on the late 19th century, including the Sino-Japanese War and the Spanish-American War, but also Hawaii and Samoa, and the issue of Asiatic immigration in US states and territories.

A 1926 edition has an introduction by Robert Lansing (1864-1928).

John W. Foster
American diplomacy in the Orient
(Being a Brief Review of the Foreign Relations of the United States, 1776-1876)
Boston and New York: Houghton, Mifflin and Company, 1903
xiv, 2, 498 pages

   I  Early European Relations
  II  America's First Intercourse
 III  The First Chinese Treaties
  IV  Independent Hawaii
  VI  The Transformation of Japan
 VII  The Crumbling Wall of China
VIII  Chinese Immigration and Exclusion
  IX  Korea and Its Neighbors
   X  The Enfranchisement of Japan
  XI  The Annexation of Hawaii
 XII  The Samoan Complication
XIII  The Spanish War: Its Results
1897 address on annexation of Hawaii

It is therefore with not a little irony that Foster gave the following address two years after helping facilitate China's concessions to Japan after the Sino-Japanese War of 1894-1894.

The following paragraphs introduce and conclude a very long address made by ex-Secretary of State John W. Foster before the National Geographic on 26 March 1897. The address filled sixteen pages of fine print in a pamphlet published in Washington, D.C., the same year.

John W. Foster's 1897 address on the annexation of Hawaii

Source of text

The following text has been transcribed from an original copy of the the following pamphlet in my library. Spaces before colons and semicolons have been closed.

The Annexation of Hawaii
(An address delivered before the National Geographic Society,
at Washington, D. C., March 26, 1897,
by Hon. John W. Foster, ex-Secretary of State)
Washington, D.C.: Gibson Bros., Printers and Bookbinders, 1897
16 pages

Typography and notes

In the body of the following transcription, text in italics is as printed in the pamphlet, while bold reflects my own emphasis.

Boxed notes are mine.

THE HAWAIIAN ISLANDS

Mr. President, Ladies and Gentlemen:

A few months ago it was my privilege to make a visit to the Hawaiian Islands, and the paper which I am to read to-night is, in the main, the result of my observation and study during that visit. The topic to be considered has intimate connection with a fact of vast moment to the future interests of the United States.

GROWING IMPORTANCE OF THE PACIFIC.

I refer to the changed relation of the Pacific Ocean to the world's affairs, which in great measure has occurred during the present generation, and of which we have been the witnesses. Within our recollection the great Empire of China was practically closed to foreign intercourse; Japan was hermetically sealed from intrusion by the outside world; the continent of Australia had hardly emerged from the condition of a convict colony; Polynesia was yet in barbarism, and the whole coast of Northwest America contained but a few thousand inhabitants.

Our day has wrought a great change throughout the broad expanse of the Pacific and its shores.

WESTWARD TENDENCY OF ANGLO-SAXONS.

The Anglo-Saxon race has leaped the barrier of the Rocky Mountains; a network of transcontinental railways has followed in its train; a teeming population and flourishing cities, the seats of a great ocean commerce, have arisen like magic in its spacious harbors; great States, both American and British, have there come into existence; and our country has added to its possessions thousands of miles of seacoast stretching to the North Pole. Australia has become a great State, with such an enormous volume of products as to disturb the economic conditions of the world.

EUROPE IN THE PACIFIC.

Polynesia has been made the theatre of colonial competition between the three great maritime nations of Europe. The fleets and armies of England and France have opened all the ports and forced an entrance to the capital of China. Commodore Perry, with our own Navy, by more peaceful methods broke down the barriers in Japan, and the development of that people has been not only the marvel of this generation, but has made it an important factor in the world's affairs. Since the war with China and the rapid increase of the Japanese Navy and mercantile marine, new and disturbing elements are recognized in these waters.

GENERAL GRANT'S FORECAST.

General Grant, writing from Peking in 1879, spoke of the wonderful shrewdness, industry, and commercial spirit of the Chinese, foresaw the influences which would eventually overcome their conservatism, and made the prediction that "in less than half a century Europe will be complaining of the too rapid advance of China."

RUSSIA IN THE PACIFIC.

The remaining factor to be noticed in the changed conditions of the Pacific is the notable development of the Russian possessions on the North Asiatic coast. With an open-water port and fortified naval station on Chinese territory, and a transasiatic railway reaching back to a military population of one hundred millions, we must reckon with another important element in the political and commercial concerns of the Pacific.

MR. SEWARD'S PROPHECY.

In view of these events so briefly noted, we may well admire the foresight of Mr. Seward, who a half century ago uttered these prophetic words: "The Pacific Ocean, its shores, its islands, and the vast regions beyond, will become the chief theatre of events in the world's great hereafter." If the prophecy of this great statesman is to be fully realized there may be those in my hearing who will live to see the present predominating interests of our Atlantic seaboard sink into insignificance before the great and far-reaching commerce of our Pacific Coast.

[ . . . ]

NATIVE HAWAIIANS.

[ . . . ]

THE DECLINE OF THE HAWAIIAN RACE.

[ . . . ]

ANNEXATION ITS AIM.

But the Government of President Dole does not regard itself as permanent, for by its constitution it declares its purpose to go out of existence as soon as the United States shall see fit to annex the islands.

In the changed relations existing in the Pacific Ocean, it is plain to the observant statesman that Hawaii cannot much longer maintain itself as an independent nation. Aside from the temptation which it offers to the nations contending for supremacy in the Pacific, it possesses within itself the elements which threaten the loss of its independence. The amiable and peaceable Hawaiian and the thrifty Portuguese, whose fatherland is so far away, cause no fear to the present rulers.

DANGER OF ASIATIC ASCENDENCY.

But the Asiatics, whose countries are so near, are a source of great anxiety. The Chinese and Japanese now number about 40 per cent. [sic] of the population, and are already more than half of the male inhabitants, and the Japanese have doubled their number in the last six years, and they continue to come in increasing numbers. The supporters of the present Government would put a stop to this immigration but for the powerful influence of the sugar planters, and they look to annexation to the United States as the only way to accomplish this end. These Asiatic elements are already beginning to assert themselves. Minister Willis, in 1894, transmitted to the Secretary of State a report of a meeting in Honolulu of 3,000 Chinese to protest against some pending legislation, and in the resolutions they declared: "We shall be satisfied with nothing that accords to a race a lesser degree of consideration and justice than residents of other nationalities enjoy." If during the pendency of the Geary bill in Congress a meeting of 20,000 Chinese had been held in San Francisco demanding the treatment of the most favored nation, it would not have been half so significant.

The Geary bill, passed by Congress in 1892, extended the limitations imposed on Chinese immigration by the Chinese Exclusion Act of 6 May 1882. The Geary bill required Chinese residents to register and thereby obtain a certificate of residence. The ten-year extension was made permanent by a 1902 act that was not repealed until 1943, but "national origin" quotas were not ended until 1965.

The Geary who sponsored the 1892 bill was Congressman Thomas J. Geary (1854-1929), a Sonoma County attorney who served California in the House of Representatives from 1890 to 1895. He was not related to John W. Geary (1819-1873), San Francisco's first mayor and name sake of the city's Geary Street (east of Van Ness Avenue) cum Geary Boulevard (west of Van Ness Avenue).

For transcriptions and discussions of the Geary bill and related Chinese exclusion acts see 1882, 1892, and 1902 Chinese exclusion acts.

ADMIRAL WALKER'S REPORT ON THE JAPANESE.

Admiral Walker, who was in command of our Navy in those waters in 1894, in official reports, after referring to the large and rapidly increasing number of Japanese in the islands, says: "They are inclined to be turbulent -- they stand together as a solid body, and their leaders are said to have political ambitions, and propose to claim for their free men the right to vote under the conditions with which that right is granted to other foreigners. They are a brave people, with military instincts, and would fight if aroused to violence;" and he significantly adds that the United States naval force there is exceeded by the Japanese.

ADMIRAL AMMEN, GENERAL SCHOFIELD, AND ADMIRAL PORTER.

Admiral Ammen, who is thoroughly familiar with the political conditions of the Pacific, in a letter to a Congressional committee in 1896 wrote: "It does not require a prophet to foresee that those islands in the near future will be either American or Japanese." General Schofield, who was sent by the President some years ago to make a careful study of the islands, reported in 1875 that "they have not, and never can have, the power to maintain their own neutrality, and now their necessities force them to seek alliance to some nation which can relieve their embarrassment." Admiral Porter, who was intimately acquainted with the situation, expressed to Congress, in 1876, the following opinion: "In fifteen years from this time there will be such a preponderance of the foreign element (referring to the labor immigration) that the islands will naturally fall into the hands of some other Power, unless we put a clause in the reciprocity treaty to prevent it."

RECIPROCITY AND PEARL HARBOR.

Upon this weighty advice the reciprocity treaty was approved by Congress, and a provision was inserted granting to the United States the use of Pearl Harbor as a naval and coaling station, and stipulating that no similar privilege or franchise should be granted to any other Power; but this privilege and stipulation are only co-existent with the treaty, which may be terminated upon twelve months' notice.

DANGER OF JAPANESE ASCENDENCY.

The treaty with its attendant prosperity is bringing about the very condition of things which was feared. The necessity for increased labor has brought and continues to bring the Japanese in such numbers that they are destined in a short time to constitute a majority of the population, and supported as they will be by their Government in their claim to equal consideration, they would then become the dominant political element in the islands.

ANNEXATION ONLY REMEDY.

This consummation can most surely, if not only, be prevented by annexation to the United States, which would apply the prohibitive clauses of our immigration and naturalization laws to the islands. It will thus be seen that the question of annexation is forcing itself upon the Government and the people of the United States, and that it cannot with safety be postponed.

[ . . . ]

FOREIGN AGGRESSION.

Four times in its past history a foreign flag other than that of the United States has floated over the islands -- first the Russian, then the French, afterward the British, and again the French. Any one of these Powers would gladly assume sovereignty again, and to them is to be added as a menace the rising power of Japan.

NO DIFFICULTY IN ANNEXING.

To my mind annexation presents no political or administrative difficulties. During the discussion four years ago it was suggested by certain writers of standing in the legal profession that there was no authority given in the Constitution of the United States to annex territory not contiguous. When the purchase of Louisiana was first suggested, Mr. Jefferson, a strict constructionist, thought it could not be accomplished except by an amendment to the Constitution, but when the opportune moment arrived he heartily approved the treaty, and nothing further was heard of the Constitutional amendment. The objection now advanced does not seem to have had any weight with the Executive or with Congress when Alaska was acquired, nor will it with enlightened statesmen to-day.

FORM OF GOVERNMENT.

The islands should be admitted, not as a State, but as a part of the territory of the United States, to be organized in such manner as Congress in its wisdom may determine. We have already three forms of territorial government under authority of Congress -- in the District of Columbia, in the organized Territories, and in Alaska. One of these may be applied to Hawaii or a new one instituted. Under whatever form of government, doubtless, the native Hawaiians and those of American and European origin would be granted the right of suffrage under proper conditions; and to the Asiatics would be applied the existing prohibitive laws of the United States as to naturalization and immigration, which would lead them gradually to return to their own countries.

PROTECTORATE IMPRACTICABLE.

I do not regard the suggestion of a protectorate as practicable. We cannot assume it without becoming responsible for the government of the islands, and we should not become responsible for the government unless we can exercise a control in its creation and management. Such a system would bring no end of complications with foreign Powers and in domestic affairs. We must either annex the islands or leave them free to make such other alliance as they may choose or as destiny may determine.

As a rule, I do not believe in the extension of our territory beyond our present ocean limits. I think we should develop within our own domain a great English-speaking nation, controlled by the principles marked out for us by the fathers of the Republic. But it is precisely because I want to see a great and powerful nation -- much greater and more powerful than the one we now have -- developed on this continent that I hail the opportunity now offered of securing this outpost of our Pacific frontier, and thus protecting for all time our future mighty commerce and rapidly growing interest on that coast from the encroachments of the great Powers striving for ascendency in that quarter of the globe.

Protectorate or extension of territory?

The logic of Foster's closing remarks is precisely that which moved Japan, in 1910, to annex Korea into its sovereign territory -- rather than continue to govern it as a protectorate -- or release it to the fate of Russo-Chinese rivalry.

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1898 nationalization of Hawaii

Hawaii -- which became the 50th state of the United States on 21 August 1959 -- was a hotly contested territory in the 19th century. In 1897, the United States, taking the position that Hawaii should not fall into the hands of a foreign power -- namely Japan -- took the initiative to seize control by negotiating a treaty of annexation with the Republic of Hawaii.

Hawaii was rife with civil strife as factions for and against the Hawaiian royal family vied for control of its government. Both the United States and Japan were positioned to take over the islands on the pretext of national interest. And at times Japanese warships, in and around the waters of the Sandwich Islands, outnumbered, outtonned, and outgunned US warships.

Annexationists come into power

Grover Cleveland (1837-1908), twice president of the United States (1885-1889, 1893-1897), was an anti-annexationist and accordingly resisted movements to annex Hawaii during his second term in office. His successor, William McKinley (1843-1901), was an expansionist who oversaw the additions of Porto Rico, Hawaii, Guam, the Philippine Islands, part of the Samoan islands, and Wake Island as US territories, and made Cuba a virtual protectorate of the United States.

McKinley died in 1901 a few days after being shot by an anarchist. His successor, Theodore Roosevelt (1858-1919), not yet 43 at the time, received the Nobel Prize for Peace in 1906 for his role in mediating an end to the Russo-Japanese war of 1904-1905.

1897 Treaty of Annexation

The Republic of Hawaii and the United States signed a Treaty of Annexation on 16 June 1897. The senate of the Republic Hawaii ratified this treaty on 9 September.

The treaty ran up against some opposition in Washington. And voices of loyalists in Hawaii, demanding independence, reached Washington but were largely ignored.

1898 Newlands Resolution

By December 1897, a conflict with Spain was building over Cuba. By April the next year, the US and Spain were at war, the war had spread to the Philippines, and congressional opinion shifted toward immediate annexation of Hawaii.

On 4 May 1898, Nevada representative (later senator) Frances Griffith Newlands (1846-1917) introduced a joint resolution in the House of Representatives, calling for the annexation of Hawaii. It was not a ratification of the 1897 treaty as such, but a resolution for the House and Senate to accept the fait accompli, as it were, of the Republic of Hawaii's ratification.

The Newlands Resolution, as it is called, included the substantial paragraphs of the annexation treaty without specifically labeling them as articles. It passed the House on 15 June and the Senate on 6 July, and was signed by President McKinley on 7 July 1898.

1897 Hawaii Annexation Treaty and 1898 Hawaii Annexation Resolution
1897 Hawaii Annexation Treaty
(As ratified by Republic of Hawaii)

1898 Hawaii Annexation Resolution
(As approved by President McKinley)

The text of the 1897 ratification resolution adopted by the Republic of Hawaii embeds its copy of the treaty. Following protocol, its copy shows its name before that of the United States. Signatures are also shown in this order. Spelling and punctuation slightly differ in some of the articles.

The text of the 1898 annexation resolution adopted by the United States does not embed its copy of the treaty, which it never ratified as such. However, the US resolution contains all substantial parts of the treaty, from the last paragraph of Article II through the paragraph of Article VI.

RESOLUTION

Of the Senate of Hawaii
Ratifying the Treaty of Annexation.

BE IT RESOLVED, by the Senate of the Republic of Hawaii:

That the Senate hereby ratifies and advises and consents to the ratification by the President of the treaty between the Republic of Hawaii and the United States of America on the subject of the annexation of the Hawaiian Islands to the United States of America concluded at Washington on the 16th day of June, A. D. 1897, which treaty is word for word as follows:

To Provide for Annexing the Hawaiian Islands to the United States.

Whereas the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining; Therefore

Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America.

The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.

The Republic of Hawaii and the United States of America, in view of the natural dependence of the Hawaiian Islands upon the United States of their geographical proximity thereto, of the preponderant share acquired by the United States and its citizens in the industries and trade of said Islands, and of the expressed desire of the government of the Republic of Hawaii that those Islands should be incorporated into the United States as an integral part thereof, and under its sovereignty, have determined to accomplish by treaty an object so important to their mutual and permanent welfare.

To this end the high contracting parties have conferred full powers and authority upon their respectively appointed plenipotentiaries, to wit:

The President of the Republic of Hawaii, FRANCIS MARCH HATCH, LORRIN A. THURSTON, and WILLIAM A. KINNEY.

The President of the United States: JOHN SHERMAN, Secretary of Sate of the United States.

ARTICLE I

The Republic of Hawaii hereby cedes absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies: and it is agreed that all the territory of and appertaining to the agreed that all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii.

ARTICLE II

The Republic of Hawaii also cedes and hereby transfers to the United States the absolute fee and ownership of all public, government or crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining.

The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands: but the Congress of the United States shall enact special laws for their management and disposition. Provided: that laws for their management and disposition. Provided: that all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian islands for educational and other public purposes.

ARTICLE III

Until Congress shall provide for the government of such Islands, all the civil, judicial and military powers exercised by the officers of the existing government in said Islands, shall be vested in such person or person, and shall be exercised in such manner as the President of the United States shall direct: and the President shall have power to remove said officers and fill the vacancies so occasioned.

The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfill fulfillment of the treaty so extinguished, and not inconsistent with this treaty, not contrary to the Constitution of the United States, nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.

Until legislation shall be enacted extending the United States Customs laws and regulations to the Hawaiian Islands, the existing Customs relations of the Hawaiian islands with the United States and other countries shall remain unchanged.


Until Congress shall provide for the government of such islands all the civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have the power to remove said officers and fill the vacancies so occasioned.

The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extinguished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.

Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.

ARTICLE IV

The public debt of the Republic of Hawaii, lawfully existing at the date of the exchange of the ratification of this Treaty, including the amounts due to depositors in the Hawaiian Postal savings Bank, is hereby assumed by the Government of the United States: but the liability of the United States in the regard shall in not case exceed $4,000.000. So long, however, as the existing government and the present commercial relations of the Hawaiian Islands are continued, as herein before provided, said Government shall continue to pay the interest on said debt.


The public debt of the Republic of Hawaii, lawfully existing at the date of the passage of this joint resolution, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States; but the liability of the United States in this regard shall in no case exceed four million dollars. So long, however, as the existing Government and the present commercial relations of the Hawaiian Islands are continued as hereinbefore provided said Government shall continue to pay the interest on said debt.

ARTICLE V

There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States, and no Chinese by reason of anything herein contained shall be allowed to enter the United States from the Hawaiian Islands.


There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States; no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.

ARTICLE VI

The President shall appoint Once Commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practical recommend to Congress such legislation concerning the Territory of Hawaii as they shall deem necessary or proper.


The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper.

ARTICLE VII

This treaty shall be ratified by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the Constitution of the said Republic, on the one part: and by the President of the United States, by and with the advice and consent of the Senate, on the other: and the ratifications hereof shall be exchanged at Washington as soon as possible.

    SEC. 2. That the commissioners hereinbefore provided for shall be appointed by the President, by and with the advice and consent of the Senate.

    SEC. 3. That the sum of one hundred thousand dollars, or so much thereof as may be necessary; is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect.

     SEREXO E. PAYNE,
     Speaker of the House of Representatives Pro Tempore.

     GARRETT A. HOBART,
     Vice-President of the United States and President of the Senate.

Approved July 7th, 1898.

     WILLIAM McKINLEY.

In witness whereof, the respective plenipotentiaries have signed the above article, and have hereunto affixed their seals.

Done in duplicate at the City of Washington, this sixteenth day of June, one thousand eight hundred and ninety-seven.

     FRANCIS MARCH HATCH. [SEAL.]
     LORRIN A. THURSTON. [SEAL.]
     WILLIAM A KINNEY. [SEAL.]
     JOHN SHERMAN. [SEAL.]

I hereby certify that the foregoing Resolution was unanimously adopted at the Special Session of the Senate of the Republic of Hawaii on the 9th day of September, A. D. 1897.

     WILLIAM C. WILDER,
     President

Attest:

     J. F. CLAY,
     Clerk of Senate

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Harold M. Sewall's address to the people of Hawaii
on the occasion of the annexation of Hawaii in 1898

Harold Marsh Sewall (1860-1924), a politician and diplomat from Maine, was the last United States Minister to the Republic of Hawaii. He arrived in 1897 following the death of his predecessor, and left in 1898 after the U.S. annexed Hawaii as the Territory of Hawaii.

After the annexation ceremony, he gave the following address to the people of Hawaii. The text shown below is based on a text-file scan I made of the address as it was published in a copy of the 1948 Holiday Edition of Paradise of the Pacific in Yosha Bunko. The italics are as those of the editor (see the editor's note).

The speech reeks of the sort of "more like us" patronization that characterizes justifications for territorial aggression.

Paradise 1948 1948 University of Hawaii beauty queens on cover of
Paradise of the Pacific, 1948 Holiday Edition
Yosha Bunko scan
Paradise 1948 1948 "Fiftieth Anniversary of Annexation" replay of
Sewall's 1898 address to the people of Hawaii
Yosha Bunko scan (page 30, transcription below)

(In August, fifty years ago, Hawaii was annexed to the United States. During the ceremony, after the American flag had been raised, Harold M. Sewall made the following address to the people of Hawaii in behalf of the United States Government. Fifty years later, it is interesting to re-read the message in the light of Hawaii's present-day struggle for statehood. The italics are the Editor's.)

FIFTIETH ANNIVERSARY OF ANNEXATION

Mr. Sewall to the People:

After reading the proclamation Mr. Sewall turned to the people and said: "Fellow Countrymen: I congratulate you on the consummation this day records, a consummation, not a change, the inevitable consummation of the national policies and the natural relations between the two countries now formally and indissolubly united.

"Inevitable as has been this union, we may rejoice that it will take its place in history with the awakening of the American people to a sense of their responsibility among nations, in that splendid procession of events begun at Manila and which has now embraced these Islands in its broad sweep.

"You are no strangers to your countrymen across the sea, bound to them as you are by the achievements of their sons and brothers here, and by all the activities that make up a country's life. You are no strangers, certainly not in the momentous present. For as it comes to every nation in the dread ordeal of war to test the loyalty of all its sons and the devotion of all its friends so they have tested you, tried you and found you true -- when you refused to listen to the suggestions of the selfish and timid, and at your peril, offered up all that these Islands had to offer, as a sacrifice on the altar of devotion to a country you had not yet the right to call your own.

"And your countrymen can never forget that this loyalty and devotion and the opening of hearts and house to our soldier boys that followed this, was the loyalty, the devotion and the hospitality of Americans, though this were sweet indeed, but of men who sought to be Americans and had been denied, of men who founded a state for the purpose of admission to the American Union and had been denied, of men who presented this strange spectacle to the world that they stood ready, as you gentlemen about me today, to give up office, and power and personal emoluments and glory, for the simple dignity of American citizenship. Even as you have given up a flag you love, and surrendered the sovereignty of these beautiful Islands, that Hawaii may take her place, however humble that place may be, in the protecting circle of sovereign American States.

"This is the consummation you witness today, which you and your children's children will have the right to celebrate, and let there be no mistake as to its meaning. It means the triumph of no party or faction among you, the opportunity for no personal glorification or personal resentment, the confirmation in power of no authority over you that shall not commend itself to the sense of fairness and of justice of the representatives of the American people, but rather the burial of past prejudices, the obliteration of narrow divisions and the ultimate political advancement of the humblest citizen over whom this flag shall float.

"But it is not for you to rest content in the enjoyment of free institutions. It is for you to help maintain them, to maintain them in the spirit they will be extended to you, in the spirit you have sought them, in the sprit of fraternity and equality, in the spirit of the Constitution itself now the supreme law of your land, to establish justice, to ensure your tranquility, to provide for the common defense, to promote your welfare, and to secure the blessings of liberty to yourselves and your posterity.

"This is the work before you my countrymen and I bid you advance to it. Hand in hand may you go, you of the home race with those whose father's land this was, and whose generous virtues have won for them the regard of all mankind. Hand in hand may you go with them as they carry with them their unfaltering love of country into the broad plane of American citizenship.

"Advance to the uplifting and upbuilding of this land to prove it worthy to share the Destiny of the Great Republic. Empire may wait indeed, but no hand save His who holds in the hollow of his hand the fate of nations can stay that destiny. God bless you my countrymen! God bless the United States of America!"

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1993 US apology to Native Hawaiians

By today's stricter standards of political morality -- to keep a long story short -- the Republic of Hawaii may not have been a legitimate government. But it was recognized as such by the United States, and hence Hawaii became first a territory, then a state, rather than remain an independent country.

Inevitably, demands by Hawaiian nativists for an official apology reached Washington through Hawaii's congressional representatives. And on 23 November 1993, then president Bill Clinton signed the apology resolution.

Looking on while Clinton signed -- in addition to a leaner vice-president Al Gore -- were Hawaii's congressional delegation -- senators Daniel Inouye and Daniel Akaka, and representatives Patsy Mink and Neil Abercrombie.

Apology politics

The nativists who wanted the apology hoped to gain, if not sovereignty, then treatment on a par with Native Americans -- and if not even that, then at least a modicum of political dignity. The apology was timed to acknowledge the 100th anniversary of the 17 January 1893 overthrow of the Kingdom of Hawaii.

The manner in which the resolution is written smells of the rigid formality that dilutes the effectiveness of such government rituals. The style of writing speaks volumes for the extent to which lawyers have corrupted simple human decency in the United States.

Do not fail to notice the legal disclaimer at the end.

Lawyers for the United States of America will continue to work hard to ensure that Hawaiian nativists never realize their dream of a sovereign state.

1993 US apology to Native Hawaiians

UNITED STATES PUBLIC LAW 103-150

103d Congress Joint Resolution 19

Nov. 23, 1993

To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.

Whereas, prior to the arrival of the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion;

Whereas, a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii;

Whereas, from 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full and complete diplomatic recognition to the Hawaiian Government, and entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887;

Whereas, the Congregational Church (now known as the United Church of Christ), through its American Board of Commissioners for Foreign Missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawaii between 1820 and 1850;

Whereas, on January 14, 1893, John L. Stevens (hereafter referred to in this Resolution as the "United States Minister"), the United States Minister assigned to the sovereign and independent Kingdom of Hawaii conspired with a small group of non-Hawaiian residents of the Kingdom of Hawaii, including citizens of the United States, to overthrow the indigenous and lawful Government of Hawaii;

Whereas, in pursuance of the conspiracy to overthrow the Government of Hawaii, the United States Minister and the naval representatives of the United States caused armed naval forces of the United States to invade the sovereign Hawaiian nation on January 16, 1893, and to position themselves near the Hawaiian Government buildings and the Iolani Palace to intimidate Queen Liliuokalani and her Government;

Whereas, on the afternoon of January 17,1893, a Committee of Safety that represented the American and European sugar planters, descendants of missionaries, and financiers deposed the Hawaiian monarchy and proclaimed the establishment of a Provisional Government;

Whereas, the United States Minister thereupon extended diplomatic recognition to the Provisional Government that was formed by the conspirators without the consent of the Native Hawaiian people or the lawful Government of Hawaii and in violation of treaties between the two nations and of international law;

Whereas, soon thereafter, when informed of the risk of bloodshed with resistance, Queen Liliuokalani issued the following statement yielding her authority to the United States Government rather than to the Provisional Government:

"I Liliuokalani, by the Grace of God and under the Constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the Constitutional Government of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Government of and for this Kingdom.

"That I yield to the superior force of the United States of America whose Minister Plenipotentiary, His Excellency John L. Stevens, has caused United States troops to be landed a Honolulu and declared that he would support the Provisional Government.

"Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the Government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority which I claim as the Constitutional sovereign of the Hawaiian Islands."

Done at Honolulu this 17th day of January, A.D. 1893.;

Whereas, without the active support and intervention by the United States diplomatic and military representatives, the insurrection against the Government of Queen Liliuokalani would have failed for lack of popular support and insufficient arms;

Whereas, on February 1, 1893, the United States Minister raised the American flag and proclaimed Hawaii to be a protectorate of the United States;

Whereas, the report of a Presidentially established investigation conducted by former Congressman James Blount into the events surrounding the insurrection and overthrow of January 17, 1893, concluded that the United States diplomatic and military representatives had abused their authority and were responsible for the change in government;

Whereas, as a result of this investigation, the United States Minister to Hawaii was recalled from his diplomatic post and the military commander of the United States armed forces stationed in Hawaii was disciplined and forced to resign his commission;

Whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported fully and accurately on the illegal acts of the conspirators, described such acts as an "act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress", and acknowledged that by such acts the government of a peaceful and friendly people was overthrown;

Whereas, President Cleveland further concluded that a "substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair" and called for the restoration of the Hawaiian monarchy;

Whereas, the Provisional Government protested President Cleveland's call for the restoration of the monarchy and continued to hold state power and pursue annexation to the United States;

Whereas, the Provisional Government successfully lobbied the Committee on Foreign Relations of the Senate (hereafter referred to in this Resolution as the "Committee") to conduct a new investigation into the events surrounding the overthrow of the monarchy;

Whereas, the Committee and its chairman, Senator John Morgan, conducted hearings in Washington, D.C., from December 27,1893, through February 26, 1894, in which members of the Provisional Government justified and condoned the actions of the United States Minister and recommended annexation of Hawaii;

Whereas, although the Provisional Government was able to obscure the role of the United States in the illegal overthrow of the Hawaiian monarchy, it was unable to rally the support from two-thirds of the Senate needed to ratify a treaty of annexation;

Whereas, on July 4, 1894, the Provisional Government declared itself to be the Republic of Hawaii;

Whereas, on January 24, 1895, while imprisoned in Iolani Palace, Queen Liliuokalani was forced by representatives of the Republic of Hawaii to officially abdicate her throne;

Whereas, in the 1896 United States Presidential election, William McKinley replaced Grover Cleveland;

Whereas, on July 7, 1898, as a consequence of the Spanish-American War, President McKinley signed the Newlands Joint Resolution that provided for the annexation of Hawaii;

Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States;

Whereas, the Republic of Hawaii also ceded 1,800,000 acres of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government;

Whereas, the Congress, through the Newlands Resolution, ratified the cession, annexed Hawaii as part of the United States, and vested title to the lands in Hawaii in the United States;

Whereas, the Newlands Resolution also specified that treaties existing between Hawaii and foreign nations were to immediately cease and be replaced by United States treaties with such nations;

Whereas, the Newlands Resolution effected the transaction between the Republic of Hawaii and the United States Government;

Whereas, the indigenous Hawaiian people never directly relinquished their claims to their inherent to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum;

Whereas, on April 30, 1900, President McKinley signed the Organic Act that provided a government for the territory of Hawaii and defined the political structure and powers of the newly established Territorial Government and its relationship to the United States;

Whereas, on August 21,1959, Hawaii became the 50th State of the United States;

Whereas, the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land;

Whereas, the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people;

Whereas, the Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions;

Whereas, in order to promote racial harmony and cultural understanding, the Legislature of the State of Hawaii has determined that the year 1993, should serve Hawaii as a year of special reflection on the rights and dignities of the Native Hawaiians in the Hawaiian and the American societies;

Whereas, the Eighteenth General Synod of the United Church of Christ in recognition of the denomination's historical complicity in the illegal overthrow of the Kingdom of Hawaii in 1893 directed the Office of the President of the United Church of Christ to offer a public apology to the Native Hawaiian people and to initiate the process of reconciliation between the United Church of Christ and the Native Hawaiians; and

Whereas, it is proper and timely for the Congress on the occasion of the impending one hundredth anniversary of the event, to acknowledge the historic significance of the illegal overthrow of the Kingdom of Hawaii, to express its deep regret to the Native Hawaiian people, and to support the reconciliation efforts of the State of Hawaii and the United Church of Christ with Native Hawaiians;

Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ACKNOWLEDGMENT AND APOLOGY.

The Congress --

    (1) on the occasion of the 100th anniversary of the illegal overthrow of the Kingdom of Hawaii on January 17, 1893, acknowledges the historical significance of this event which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people;

    (2) recognizes and commends efforts of reconciliation initiated by the State of Hawaii and the United Church of Christ with Native Hawaiians;

    (3) apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination;

    (4) expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people; and

    (5) urges the President of the United States to also acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to support reconciliation efforts between the United States and the Native Hawaiian people.

SEC. 2. DEFINITIONS.

As used in this Joint Resolution, the term "Native Hawaiians" means any individual who is a descendent of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.

SEC. 3. DISCLAIMER.

Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States.

Approved November 23, 1993


LEGISLATIVE HISTORY -- S.J. Res. 19:

SENATE REPORTS: No. 103-125 (Select Comm. on Indian Affairs)
CONGRESSIONAL RECORD, Vol. 139 (1993):
         Oct. 27, considered and passed Senate.
         Nov. 15, considered and passed House.

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Fujikane and Okamura 2008 Asian Settler Colonialism, Fujikane and Okamura (editors), 2008
How Asians participated in America's colonialization of Hawai'i
Yosha Bunko scan

The Asian colonization of Hawai'i

How Asians participated in the Americanization of the islands

Candace Fujikane and Jonathan Y. Okamura (editors)
Asian Settler Colonialism
(From Local Governance to the Habits of Everyday Life in Hawai'i)
Honolulu: University of Hawaii Press, 2008
pages, paper cover

The back cover blurb makes this statement.

Asian Settler Colonialism is a groundbreaking collection that examines the roles of Asians as settlers in Hawai'i. Contributors from various fields and disciplines investigate aspects of Asian settler colonialism to illustrate its diverse operations and impact on Native Hawaiians. Essays range from analyses of Japanese, Korean, and Filipino settlement to accounts of Asian settler practices in the legislature, the prison industrial complex, and the U.S. military to critiques of Asian settlers claims to Hawai'i in literature and the visual arts.

Forthcoming.

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The Philippines

America's acquisition of The Philippines in 1898, as part of the settlement following the Spanish-American War, came shortly after the United States annexed Hawaii, thus extending its shore-to-shining-shore empire beyond the west coast of the North American continent, toward the South Pacific. The Philippines was even further east and south, far beyond Hawaii and any line that might have been drawn in the name of a Pacific "Monroe Doctrine". America would "free" The Philippines as a commonwealth of the United States, but total independence would not come until after World War II, and even then the islands remained a bastion of U.S. military might in Southeast Asia until The Republic of the Philippines insisted the U.S. evacuate its military bases in the islands. The following articles tell only a part of the post-1898 history of The Philippines, which included a spell under Japanese control and jurisdiction and even alliance during World War II.

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1898 US nationalizes Philippine Islands as territory

In December 1897, the USS Maine was sent to Havana to protect American interests in Cuba. On 15 February 1898 it exploded and sank, killing hundreds. McKinley, exploiting rumors that Spaniards had sabotaged the battleship, ordered Spain out of Cuba. On 20 April the US declared war on Spain and insisted that Spain recognize Cuba's independence.

Roosevelt, then a soldier, led his "Rough Riders" up a couple of Cuban hills, one of them San Juan. By the end of 1898 he was the governor of New York City, and by 1901 he had become the vice president of the United States. In 2001 he was posthumously awarded the Medal of Honor for his bravery in Cuba.

In May 1898 the US Navy, operating out of stations in China and Southeast Asia, destroyed the Spanish fleet in Manila Bay in the Philippine islands.

By early June, Philippine-bound US troops were being routed through Hawaii, where the Republic of Hawaii, having sided with the US against Spain, welcomed them. By mid June the house had passed the joint resolution. The Senate failed to pass it by the required two/thirds vote of those present, but on 7 July 1898 McKinley signed the resolution, and sovereignty was transferred in a ceremony held on 12 August.

On 10 December 1898, in Paris, Spain and the United States signed a treaty which gave the US Porto Rico (Puerto Rico) and Guam in one article, and the Philippine Islands in another. The US paid twenty million dollars for the latter when Spain protested that the Philippine Islands could not be treated as war a conquest because the Spanish government in Manila had surrendered them after armistice.

Spain also recognized Cuba's independence. The US stayed in Guantanamo Bay, and though the rest of Cuba was nominally a sovereign entity, the US kept the island state on a very short leash, treating it as a protectorate.

The Treaty of Paris came into effect on 11 April 1899. Other agreements were made regarding what became "American Samoa" and "Wake Island".

American Samoa

US, German, and British rivalries in the Samoan islands of the Melonesian islands in Polynesia resulted in an agreement in 1889 to share control of the islands. Britain later gave up its claim to Germany for control of the Northern Solomons. Then a controntation between the United States and Germany was resolved by the Treaty of Berlin. Signed on 2 December 1899 and ratified on 16 February 1900, the treaty divided the Samoa islands between the two countries.

Islanders were not necessarily anxious to be ruled by outsiders, but their chiefs eventually submitted to American authority. On 17 April 1900, seven chiefs signed an instrument of cession which transferred the sovereignty of Tutuila, with the harbor of Pago Pago, to the United States. Hence the date of the start of the present constitutional government on 17 April 1960. Manu was ceded on 16 July 1904.

The US Navy, which administered the islands until 1951, built a coaling station at Pago Pago. The dependency is now administsered under the Department of Interior. People born in the unincorporated territory are US nationals but not citizens.

Wake Island

The United States annexed Wake island, also in the Northern Marianas, on 17 January 1899.

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Treaty of Paris (1899)

The Treaty of Paris, which came into effect on 11 April 1899, included provisions for change of nationality status, as shown in the following excerpts (colored highlighting mind).

The effect of the status provisions was to make "Spanish subjects, natives of the Peninsula, residing in the territory" of the Philippine Islands, who did not declare their allegiance to another state, non-citizen nationals of the United States.

As US nationals, Filipinos were free to travel to, and settle in, the United States and its territories, including of course Hawaii. They were not subject to immigration laws because they were not aliens. I am not here talking about laws governing border crossing, but laws government the entry into the United States or its territories of aliens -- i.e., persons who do not possess US nationality.

Note in this respect that the term "immigration" in US immigration and nationality law means precisely the in-migration of non-US citizens or nationals. Note that as used in the English name of Japan's so-called "Immigration Control Law" the word "immigration" is a serious misnomer, as the law is really a "exit-contry, entry-country control law" that applies to all persons, Japanese and aliens alike. The Japanese law is not an "immigration" law, and nowhere does it define "immigrants". It does provide for statuses aliens allowed to enter and remain in Japan -- meaning visas and other statuses -- but it is absolutely not an "immigration" law.

Regarding Filipinos in the United States -- meaning US nationals affiliated with the Philippine Islands, residing in the continental United States -- they were not categorically immigrants. Even when anti-Asian sentiments increased after World War I -- even after the setting of national-origin quotas in 1924, which all but excluded people from Asian countries -- Filipinos were not subject to such controls, for the simple reason that they did not qualify as immigrants. They were not then immigrants, and hence could not be neither excluded nor deported.

The status of Filipinos changed in 1935 -- when, though legally still US nationals, they were declared "as if they were aliens" for purposes of the 1917 and 1924 immigration acts. However, this exceptionalization of Filipinos "as if they were aliens" did not apply to those entering the Territory of Hawaii. (See below under 1934 and 1935 acts related to Philippine independence.)

Treaty of Paris

Treaty of Peace
Between the United States and Spain
December 10, 1898

The United States of America and Her Majesty the Queen Regent of Spain, in the name of her august son Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as plenipotentiaries:

[ . . . ]

Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles:

Article I

Spain relinquishes all claim of sovereignty over and title to Cuba. And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.

Article II

Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones.

Article III

Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:

[ . . . ]

Article IX

Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.

The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.

Article X

The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.

[ . . . ]

Article XVI

It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon termination of such occupancy, advise any Government established in the island to assume the same obligations.

Article XVII

[ . . . ]

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight.

[ . . . ]

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1935 Philippine Islands become Republic of Philippines

The Philippine Independence Act (Tydings-McDuffie Act) of 24 March 1934 set in motion the creation of the Philippine Commonwealth. The act established rules for producing a constitution and stipulated other conditions that would apply to the staged withdrawal of US sovereignty from the islands.

The act provided that there would a ten-year transition period before the Philippines would become entirely independent. With the formal creation of the commonwealth in 1935, Filipinos would become citizens of the commonwealth, and thereby lose their US nationality. Except for the the Filipinos who were US citizens, they would treated as immigrants. However, during the transition period Filipino citizens would continue owe their allegiance to the United States.

Constitution of the Philippines

The Constitution of the Philippines was adopted by the Philippine Constitutional Convention on 8 February 1935. President Franklin D. Roosevelt signed it in Washington, D.C. on 23 March. Filipino voters ratified it in a plebiscite on May 14, 1935.

According to the constitution, only natural born citizens could be a president, vice-president, senator, or representative. Suffrage was limited to literate males but provisions were made for literate women to join the franchise under certain conditions in the future.

Filipino repatriation act

On 20 May 1935 [unconfirmed], not even a full week after the Philippines became a commonwealth, the House of Representatives passed a bill to encourage the repatriation of Filipinos in the United States. Tens of thousands had come to study or work in the states when the islands were a US territory and Filipinos were free to come as US nationals.

The bill offerred free transportation in return for the understanding that they could not return to the US except under the strict quotas set down by the Tydings-McDuffie Act. Apparently it was ruled unconstitutional in 1940 [unconfirmed].

Time Magazine story on "Philippine Flop"

The Filipino Repatriation Act, as it is commonly called, was not particularly successful. Time Magazine ran this story in its Monday, 3 October 1938 issue (Time archives).

Philippine Flop

Aboard the S. S. President Coolidge when it cleared the Golden Gate for Manila last week were 75 guests of the U. S. Government. They were Filipinos taking their next-to-last chance to go home at U. S. expense. Already 1,900 had taken a free ride home since the Filipino Repatriation Act was passed in the summer of 1935. Just one more Filipino repatriation party is to be given before December 31, when the Act expires.

Although $237,000 has been spent to date on Filipino fares, both Immigration officials and California Labor regard the repatriation program as a flop. Remaining in the U. S. are 120,000 low-paid Filipino farm workers, houseboys, janitors, cooks. Half are in California, 97% are bachelors about 30 years old. "The boys," explained Dr. Hilario C. Moncado, president of the Filipino Federation of America, "do not want to go back without money or assurance they will earn a living." Another good reason is that in some cases boys are loathe to leave a country where, as a California judge remarked (TIME, April 13, 1936), they boast of enjoying the favors of white girls because they are a very superior grade of lovers.

By 1942, US president Franklin D. Roosevelt (1882-1945) signed the Second War Powers Act (56 Stat. 182), part of which revised the Nationality Act of 1940 (54 Stat. 1137) to permit Filipinos and other non-citizens in the US Armed Forces to naturalize -- "during the present war". Naturalization could be facilitated by an Immigration and Naturalization Service officer at a military post without going through a naturalization court.

The Second Republic was declared independent by Japan in Manila on 14 October 1943. As promised, though, MacArthur returned, and the Philippines gained its independence from the United States a second time on 4 July 1946.

1946 Luce-Celler Act

On 2 July, anticipating also the independence of India from Great Britain, which came on 15 August, president Harry S. Truman signed the Luce-Celler Act. This act permitted Filipinos and Indians in the United States to naturalize, and allowed 100 a year in each national-origin category to enter the country as immigrants. Until then, many statutes and courts had regarded both categories of aliens as ineligible to citizenship on account of their putative race.

See 1934 Philippine Independence Act for an overview of the political context of the change in status of Filipino's as US nationals from 1935.

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1934 Philippine Independence Act (Tydings-McDuffie Act)

THE PHILIPPINE INDEPENDENCE ACT
(TYDINGS-MCDUFFIE ACT)

AN ACT TO PROVIDE FOR THE COMPLETE INDEPENDENCE OF THE PHILIPPINE ISLANDS, TO PROVIDE FOR THE ADOPTION OF A CONSTITUTION AND A FORM OF GOVERNMENT FOR THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES.

[ . . . ]

Character of Constitutions -- Mandatory Provisions

Sec. 2. (a) The constitution formulated and drafted shall be republican in form, shall contain a bill of rights, and shall, either as a part thereof or in an ordinance appended thereto, contain provisions to the effect that, pending the final and complete withdrawal of the sovereignty of the United States over the Philippine Islands --

     (1) All citizens of the Philippine Islands shall owe allegiance to the United States.

[ . . . ]

Relations with the United States Pending Complete Independence

[ . . . ]

Sec. 8. (a) Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17 --

     (1) For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 [except section 13 (c)], this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall be determined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii.

     (2) Citizens of the Philippine Islands who are not citizens of the United States shall not be admitted to the continental United States from the Territory of Hawaii (whether entering such territory before or after the effective date of this section) unless they belong to a class declared to be non-immigrants by section 3 of the Immigration Act of 1924 or to a class declared to be nonquota immigrants under the provisions of section 4 of such Act other than subdivision (c) thereof, or unless they were admitted to such territory under an immigration visa. The Secretary of Labor shall by regulations provide a method for such exclusion and for the admission of such excepted classes.

     (3) Any Foreign Service officer may be assigned to duty in the Philippine Islands, under a commission as aconsular officer, for such period as may be necessary and under such regulations as the Secretary of State may prescribe, during which assignment such officer shall be considered as stationed in a foreign country; but his powers and duties shall be confined to the performance of such of the official acts and notarial and other services, which such officer might properly perform in respect to the administration of the immigration laws if assigned to a foreign country as a consular officer, as may be authorized by the Secretary of State.

     (4) For the purposed of sections 18 and 20 of the Immigration Act of 1917, as amended, the Philippine Islands shall be considered a foreign country.

(b) The provisions of this section are in addition to the provisions of the immigration laws now in force, and shall be enforced as part of such laws, and all the penal or other provisions of such laws not applicable, shall apply to and be enforced in connection with the provisions of this section. An alien, although admissible under the provisions of this section, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this section, and an alien, although admissible under the provisions of the immigration laws other than this section, shall not be admitted to the United States if he is excluded by any provision of this section.

(c) Terms defined in the Immigration Act of 1924 shall, when used in this section, have the meaning assigned to such terms in the Act.

[ . . . ]

Immigration After Independence

Sec. 14. Upon the final and complete withdrawal of American sovereignty over the Philippine Islands the immigration laws of the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries.

[ . . . ]

Approved: March 24, 1934.

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1935 Constitution of the Republic of the Philippines

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The United States of America and Her Majesty the Queen Regent of Spain, in the name of her august son Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as plenipotentiaries:

[ . . . ]

Preamble

The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

ARTICLE I
The National Territory

Section 1. The Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the limits which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington between the United States and Spain on the seventh day of November, nineteen hundred, and the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.

ARTICLE II
Declaration of Principles

Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them.

Section 2. The defense of the State is a prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service.

Section 3. The Philippines renounces war as an instrument of national policy, and adopts the generally accepted principles of international law as part of the law of the Nation.

Section 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should receive the aid and support of the government.

Section 5. The promotion of social justice to insure the well-being and economic security of all the people should be the concern of the State.

ARTICLE III
Bill of Rights

ARTICLE IV
Citizenship

Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.

(3) Those whose fathers are citizens of the Philippines.

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.

(5) Those who are naturalized in accordance with law.

Section 2. Philippine citizenship may be lost or reacquired in the manner provided by law.

ARTICLE V
Suffrage

Section 1. Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein they propose to vote for at least six months preceding the election. The National Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the adoption of this Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question.

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