The Fight For The Republic in China Part 32

(Signed) B. KRUPENSKY.

(Signed) SUN PAO CHI.

ADDENDUM

In signing the Declaration of to-day's date covering Outer Mongolia, the undersigned Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of all the Russias, duly authorized to that effect, has the honour to declare in the name of his Government to His Excellency Monsieur Sun Pao Chi, Minister of Foreign Affairs of the Republic of China as follows:

I. Russia recognizes that the territory of Outer Mongolia forms part of the territory of China.

II. In all questions affecting matters of a political or territorial nature, the Chinese Government will come to an understanding with the Russian Government by means of negotiations at which the authorities of Outer Mongolia shall take part.

III. The discussions which have been provided for in Article V of the Declaration shall take place between the three contracting parties at a place to be designated by them for that purpose for the meeting of their delegates.

IV. Autonomous Outer Mongolia comprises the regions. .h.i.therto under the jurisdiction of the Chinese Amban of Urga, the Tartar General of Uliasoutai and the Chinese Amban of Kobdo. In view of the fact that there are no detailed maps of Mongolia, and that the boundaries of the administrative divisions of this country are ill-defined, it is hereby agreed that the precise boundaries of Outer Mongolia, as well as the delimitation of the district of Kobdo and the district of Altai, shall be the subject of subsequent negotiations as provided for by Article V of the Declaration.

The undersigned seizes the present occasion to renew to His Excellency Sun Pao Chi the a.s.surance of his highest consideration.

(Signed) B. KRUPENSKY.

In signing the Declaration of to-day's date covering Outer Mongolia, the undersigned Minister of Foreign Affairs of the Republic of China, duly authorized to that effect, has the honour to declare in the name of his Government to His Excellency Monsieur Krupensky, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of all the Russias as follows:

I. Russia recognizes that the territory of Outer Mongolia forms part of the territory of China.

II. In all questions affecting matters of a political or territorial nature, the Chinese Government will come to an understanding with the Russian Government by means of negotiations at which the authorities of Outer Mongolia shall take part.

III. The discussions which have been provided for in Article V of the Declaration shall take place between the three contracting parties at a place to be designated by them for that purpose for the meeting of their delegates.

IV. Autonomous Outer Mongolia comprises the regions. .h.i.therto under the jurisdiction of the Chinese Amban of Urga, the Tartar General of Uliasoutai and the Chinese Amban of Kobdo. In view of the fact that there are no detailed maps of Mongolia, and that the boundaries of the administrative divisions of this country are ill-defined, it is hereby agreed that the precise boundaries of Outer Mongolia, as well as the delimitation of the district of Kobdo and the district of Altai, shall be the subject of subsequent negotiations as provided for by Article V of the Declaration.

The Undersigned seizes the present occasion to renew to His Excellency Monsieur Krupensky the a.s.surance of his highest consideration.

(Signed) SUN PAO CHI.

SINO-RUSSO MONGOLIAN AGREEMENT

(Translation from the French)

The President of the Republic of China, His Imperial Majesty the Emperor of all Russias, and His Holiness the Bogdo Djembzoun Damba Khoutoukhtou Khan of Outer Mongolia, animated by a sincere desire to settle by mutual agreement various questions created by a new state of things in Outer Mongolia, have named for that purpose their Plenipotentiary Delegates, that is to say:

The President of the Republic of China, General Py-Koue-Fang and Monsieur Tcheng-Loh, Envoy Extraordinary and Minister Plenipotentiary of China to Mexico;

His Imperial Majesty the Emperor of all Russias, His Councillor of State, Alexandre Miller, Diplomatic Agent and Consul-General in Mongolia; and His Holiness the Bogdo Djembzoun Damba Khoutoukhtou Khan of Outer Mongolia, Erdeni Djonan Beise Shirnin Damdin, Vice-Chief of Justice, and Touchetou Tsing w.a.n.g Tchakdourjab, Chief of Finance, who having verified their respective full powers found in good and due form, have agreed upon the following:

Article 1. Outer Mongolia recognizes the Sino-Russian Declaration and the Notes exchanged between China and Russia of the fifth day of the eleventh month of the second year of the Republic of China (23rd October, 1913. Old style).

Art. 2. Outer Mongolia recognizes China's suzerainty. China and Russia recognize the autonomy of Outer Mongolia forming part of Chinese territory.

Art. 3. Autonomous Mongolia has no right to conclude international treaties with foreign powers respecting political and territorial questions.

As respects questions of a political and territorial nature in Outer Mongolia, the Chinese Government engages to conform to Article II of the Note exchanged between China and Russia on the fifth day of the eleventh month of the second year of the Republic of China, 23rd October, 1913.

Art. 4. The t.i.tle: "Bogdo Djembzonn Damba Khoutoukhtou Khan of Outer Mongolia" is conferred by the President of the Republic of China. The calendar of the Republic as well as the Mongol calendar of cyclical signs are to be used in official doc.u.ments.

Art. 5. China and Russia, conformably to Article 2 and 3 of the Sino-Russian Declaration of the fifth day of the eleventh month of the second year of the Republic of China, 23rd October, 1913, recognize the exclusive right of the autonomous government of Outer Mongolia to attend to all the affairs of its internal administration and to conclude with foreign powers international treaties and agreements respecting questions of a commercial and industrial nature concerning autonomous Mongolia.

Art. 6. Conformably to the same Article III of the Declaration, China and Russia engage not to interfere in the system of autonomous internal administration existing in Outer Mongolia.

Art. 7. The military escort of the Chinese Dignitary at Urga provided for by Article III of the above-mentioned Declaration is not to exceed two hundred men. The military escorts of his a.s.sistants at Oulia.s.soutai, at Kobdo, and at the Mongolian-Kiachta are not to exceed fifty men each.

If, by agreement with the autonomous government of Outer Mongolia, a.s.sistants of the Chinese Dignitary are appointed in other localities of Outer Mongolia, their military escorts are not to exceed fifty men each.

Art. 8. The Imperial Government of Russia is not to send more than one hundred and fifty men as consular guard for its representative at Urga.

The military escorts of the Imperial consulates and vice-consulates of Russia, which have already been established or which may be established by agreement with the autonomous government of Outer Mongolia, in other localities of Outer Mongolia, are not to exceed fifty men each.

Art. 9. On all ceremonial or official occasions the first place of honour is due to the Chinese Dignitary. He has the right, if necessary, to present himself in private audience with His Holiness Bogdo Djembzoun Damba Khoutoukhtou Khan of Outer Mongolia. The Imperial Representative of Russia enjoys the same right of private audience.

Art. 10. The Chinese Dignitary at Urga and his a.s.sistants in the different localities of Outer Mongolia provided for by Article VII of this agreement are to exercise general control lest the acts of the autonomous government of Outer Mongolia and its subordinate authorities may impair the suzerain rights and the interests of China and her subjects in autonomous Mongolia.

Art. 11. Conformably to Article IV of the Note exchanged between China and Russia on the fifth day of the eleventh month of the second year of the Republic of China (23rd October, 1915), the territory of autonomous Outer Mongolia comprises the regions which were under the jurisdiction of the Chinese Amban at Ourga, or the Tartar-General at Oulia.s.soutai and of the Chinese Amban at Kobdo; and connects with the boundary of China by the limits of the banners of the four aimaks of Khalkha and of the district of Kobdo, bounded by the district of Houloun-Bourie on the east, by Inner Mongolia on the south, by the Province of Sinkiang on the southwest, and by the districts of Altai on the West.

The formal delimitation between China and autonomous Mongolia is to be carried out by a special commission of delegates of China, Russia and autonomous Outer Mongolia, which shall set itself to the work of delimitation within a period of two years from the date of signature of the present Agreement.

Art. 12. It is understood that customs duties are not to be established for goods of whatever origin they may be, imported by Chinese merchants into autonomous Outer Mongolia. Nevertheless, Chinese merchants shall pay all the taxes on internal trade which have been established in autonomous Outer Mongolia and which may be established therein in the future, payable by the Mongols of autonomous Outer Mongolia. Similarly the merchants of autonomous Outer Mongolia, when importing any kind of goods of local production into "Inner China," shall pay all the taxes on trade which have been established in "Inner China" and which may be established therein in the future, payable by Chinese merchants. Goods of foreign origin imported from autonomous Outer Mongolia into "Inner China" shall be subject to the customs duties stipulated in the regulations for land trade of the seventh year of the reign of Kouang-Hsu (1881).

Art. 13. Civil and criminal actions arising between Chinese subjects residing in autonomous Outer Mongolia are to be examined and adjudicated by the Chinese Dignitary at Urga and by his a.s.sistants in the other localities of autonomous Outer Mongolia.

Art. 14. Civil and criminal actions arising between Mongols of autonomous Outer Mongolia and Chinese subjects residing therein are to be examined and adjudicated by the Chinese Dignitary at Urga and his a.s.sistants in the other localities of autonomous Outer Mongolia, or their delegates, and the Mongolian authorities. If the defendant or accused is of autonomous Outer Mongolia, the joint examination and decision of the case are to be held at the Chinese Dignitary's place at Niga and that of his a.s.sistants in the other localities of autonomous Outer Mongolia; if the defendant or the accused is a Mongol of autonomous Outer Mongolia and the claimant or the complainant is a Chinese subject, the case is to be examined and decided in the same manner in the Mongolian yamen. The guilty are to be punished according to their own laws. The interested parties are free to arrange their disputes amicably by means of arbitrators chosen by themselves.

Art. 15. Civil and criminal actions arising between Mongols of autonomous Outer Mongolia and Russian subjects residing therein are to be examined and decided conformably to the stipulations of Article XVI of the Russo-Mongolian Commercial protocol of 21st October, 1912.

Art. 16. All civil and criminal actions arising between Chinese and Russian subjects in autonomous Outer Mongolia are to be examined and decided in the following manner: in an action wherein the claimant or the complainant is a Russian subject and the defendant or accused is a Chinese subject, the Russian Consul personally or through his delegate partic.i.p.ates in the judicial trial, enjoying the same right as the Chinese Dignitary at Urga or his delegate or his a.s.sistants in the other localities of autonomous Outer Mongolia. The Russian Consul or his delegate proceeds to the hearing of the claimant and the Russian witnesses in the court in session, and interrogates the defendant and the Chinese witnesses through the medium of the Chinese Dignitary at Urga or his delegates or of his a.s.sistants in the other localities of autonomous Outer Mongolia; the Russian Consul or his delegate examines the evidence presented, demands security for "revindication" and has recourse to the opinion of experts, if he considers such expert opinion necessary for the elucidation of the rights of the parties, etc.; he takes part in deciding and in the drafting of the judgment, which he signs with the Chinese Dignitary at Urga or his delegates or his a.s.sistants in the other localities of Autonomous Outer Mongolia. The execution of the judgment const.i.tutes a duty of the Chinese authorities.

The Chinese Dignitary at Urga and his a.s.sistants in the other localities of autonomous Outer Mongolia may likewise personally or through their delegates be present at the hearing of an action in the Consulates of Russia wherein the defendant or the accused is a Russian subject and the claimant or the complainant is a Chinese subject. The execution of the judgment const.i.tutes a duty of the Russian authorities.

Art. 17. Since a section of the Kiachta-Urga-Kalgan telegraph line lies in the territory of autonomous Outer Mongolia, it is agreed that the said section of the said telegraph line const.i.tutes the complete property of the Autonomous Government of Outer Mongolia. The details respecting the establishment on the borders of that country and Inner Mongolia of a station to be administered by Chinese and Mongolian employes for the transmission of telegrams, as well as the questions of the tariff for telegrams transmitted and of the apportionment of the receipts, etc., are to be examined and settled by a special commission of technical delegates of China, Russia and Autonomous Outer Mongolia.

Art. 18. The Chinese postal inst.i.tutions at Urga and Mongolian Kiachta remain in force on the old basis.

Art. 19. The Autonomous Government of Outer Mongolia will place at the disposal of the Chinese Dignitary at Urga and of his a.s.sistants at Oulia.s.soutai, Kobdo and Mongolian-Kiachta as well as of their staff the necessary houses, which are to const.i.tute the complete property of the Government of the Republic of China. Similarly, necessary grounds in the vicinity of the residences of the said staff are to be granted for their escorts.

Art. 20. The Chinese Dignitary at Urga and his a.s.sistants in the other localities of autonomous Outer Mongolia and also their staff are to enjoy the right to use the courier stations of the autonomous Mongolian Government conformably to the stipulations of Article XI of the Russo-Mongolian Protocol of 21st October, 1912.

Art. 21. The stipulations of the Sino-Russian declaration and the Notes exchanged between China and Russia of the 5th day of the 11th month of the 2nd year of the Republic of China, 23rd October, 1913, as well as those of the Russo-Mongolian Commercial Protocol of the 21st October, 1912, remain in full force.

Art. 22. The present Agreement, drawn up in triplicate in Chinese, Russian, Mongolian and French languages, comes into force from the day of its signature. Of the four texts which have been duly compared and found to agree, the French text shall be authoritative in the interpretation of the Present Agreement.

Done at Kiachta the 7th day of the Sixth Month of the Fourth year of the Republic of China, corresponding to the Twenty-fifth of May, Seventh of June, One Thousand Nine Hundred Fifteen.