The Treaty of Portsmouth, New
Hampshire
September 5, 1905
This treaty formally ended the Russo-Japanese war which began in February
1904. These empires were struggling over dominance over Northeast Asia. It was
negotiated in New Hampshire, under the auspices of U.S. President Theodore
Roosevelt. Roosevelt received the Nobel Peace Prize for his mediation efforts.
The Japanese triumph had enormous significance representing the first time an
Asian country had defeated a Western power. The Japanese had previously defeated
the Chinese (1894-95). This latest success signaled their arrival as a
regional power.
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, that is to say, for his Majesty the Emperor of Japan, Baron
Komura Jutaro, Jusami, Grand Cordon of the Imperial Order of the Rising Sun, his
Minister for Foreign Affairs, and his Excellency Takahira Kogoro, Imperial Order
of the Sacred Treasure, his Minister to the United States, and his Majesty the
Emperor of all the Russias, his Excellency Sergius Witte, his Secretary of State
and President of the Committee of Ministers of the Empire of Russia, and his
Excellency Baron Roman Rosen, Master of the Imperial Court of Russia, his
Majesty's Ambassador to the United States, who, after having exchanged their
full powers, which were found to be in good and due form, and concluded the
following articles:
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.
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 of other foreign Powers; that is to say,
they shall be placed on the same footing as the subjects and citizens 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.
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.
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.
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.
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.
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 restrictiction does not apply to the
railway in the territory affected by the lease of the Liaotung Peninsula.
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.
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.
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 propperty on condition of of
submitting to the Japanese laws and jurdisdiction. 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.
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.
ARTICLE XII.
The treaty of commerce and navigation between Japan and Russia having been
annulled by the war the Imperial Governments of Japan and Russia engage to adopt
as a basis for their commercial relations pending the conclusion of a new treaty
of commerce and navigation the basis of the treaty which was in force previous
to the present war, the system of reciprocal treatment on the footing of the
most favored nation, in which are included import and export duties, customs
formalities, transit and tonnage dues and the admission and treatment of agents,
subjects and vessels of one country in the territories of the other.
ARTICLE XIII.
As soon as possible after the present treaty comes in force all prisoners of war
shall be reciprocally restored. The Imperial Governments of Japan and Russia
shall each appoint a special commissioner to take charge of the prisoners. All
prisoners in the hands of one Government shall be delivered to and be received
by the commissioner of the other Government or by his duly authorized
representative in such convenient numbers and at such convenient ports of the
delivering State as such delivering State shall notify in advance to the
commissioner of the receiving State.
The Governments of Japan and Russia shall present each other as soon as
possible after the delivery of the prisoners is completed with a statement of
the direct expenditures respectively incurred by them for the care and
maintenance of the prisoner from the date of capture or surrender and up to the
time of death or delivery. Russia engages to repay as soon as possible after the
exchange of statement as above provided the difference between the actual amount
so expended by Japan and the actual amount similarly disbursed by Russia.
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.
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.
SUB-ARTICLES
In conformity with the provisions of articles 3 and 9 of the treaty of the peace
between Japan and Russia of this date the undersigned plenipotentiaries have
concluded the following additional articles:
SUB-ARTICLE TO ARTICLE III.
The Imperial Governments of Japan and Russia mutually engage to commence the
withdrawal of their military forces from the territory of Manchuria
simultaneously and immediately after the treaty of peace comes into operation,
and within a period of eighteen months after that date the armies of the two
countries shall be completely withdrawn from Manchuria, except from the leased
territory of the Liaotung Peninsula. The forces of the two countries occupying
the front positions shall first be withdrawn.
The high contracting parties reserve to themselves the right to maintain
guards to protect their respective railway lines in Manchuria. The number of
such guards shall not exceed fifteen per kilometre and within that maximum
number the commanders of the Japanese and Russian armies shall by common accord
fix the number of such guards to be mployed as small as possible while having in
view the actual requirements.
The commanders of the Japanese and Russian forces in Manchuria shall agree
upon the details of the evacuation in conformity with the above principles and
shall take by common accord the measures necessary to carry out the evacuation
as soon as possible, and in any case not later than the period of eighteen
months.
SUB-ARTICLE TO ARTICLE IX.
As soon as possible after the present treaty comes into force a committee of
delimitation composed of an equal number of members is to be appointed by the
two high contracting parties which shall on the spot mark in a permanent manner
the exact boundary between the Japanese and Russian possessions on the Island of
Saghalin. The commission shall be bound so far as topographical considerations
permit to follow the fiftieth parallel of north latitude as the boundary line,
and in case any deflections from that line at any points are found to be
necessary compensation will be made by correlative deflections at other points.
It shall also be the duty of the said commission to prepare a list and a
description of the adjacent islands included in the cession, and finally the
commission shall prepare and sign maps showing the boundaries of the ceded
territory. The work of the commission shall be subject to the approval of the
high contracting parties.
The foregoing additional articles are to be considered ratified with the
ratification of the treaty of peace to which they are annexed.
In witness whereof the respective plenipotentiaries have signed and affixed
seals to the present treaty of peace.
Done at Portsmouth, New Hampshire, this fifth day of the ninth month of the
thirty-eighth year of the Meijei, corresponding to the twenty-third day of
August, one thousand nine hundred and five, (September 5, 1905.)
[Text taken from Sydney Tyler, The Japan-Russia War,
Harrisburg, The Minter Company, 1905, pp 564-568, quoted in There Are No
Victors Here!: A Local Perspective on The Treaty of Portsmouth, Peter E.
Randall, Portsmouth Marine Society, #8, Peter E. Randall, Publisher, 1985, pp
95-100]