APPENDIX


1. CONSTITUTION OF THE EMPIRE OF JAPAN
TOKYO, FEBRUARY 11, 1889
CHAPTER I. THE EMPEROR

Article I. The Empire of Japan shall be ruled over by Emperors of the dynasty, which has reigned in an unbroken line of descent for ages past.

Article II. The succession to the throne shall devolve upon male descendants of the Imperial House, according to the provisions of the Imperial House Law.

Article III. The person of the Emperor is sacred and inviolable.

Article IV. The Emperor being the Head of the Empire the rights of sovereignty are invested in him, and he exercises them in accordance with the provisions of the present Constitution.

Article V. The Emperor exercises the legislative power with the consent of the Imperial Diet.

Article VI. The Emperor gives sanction to laws, and orders them to be promulgated and put into force.

Article VII. The Emperor convokes the Imperial Diet, opens, closes, and prorogues it, and dissolves the House of Representatives.

Article VIII. In case of urgent necessity, when the Imperial Diet is not sitting, the Emperor, in order to maintain the public safety or to avert a public danger, has the power to issue Imperial Ordinances, which shall take the place of laws. Such Imperial Ordinances shall, however, be laid before the Imperial Diet at its next session, and should the Diet disapprove of the said Ordinances, the Government shall declare them to be henceforth invalid.

Article IX. The Emperor issues, or causes to be issued, the ordinances necessary for the carrying out of the laws, or for the maintenance of public peace and order, and for the promotion of the welfare of his subjects. But no Ordinance shall in any way alter any of the existing laws.

Article X. The Emperor determines the organisation of the different branches of the Administration; he fixes the salaries of all civil and military officers, and appoints and dismisses the same. Exceptions specially provided for in the present Constitution or in other laws shall be in accordance with the respective provisions bearing thereon.

Article XI. The Emperor has the supreme command of the army and navy.

Article XII. The Emperor determines the organisation and peace standing of the army and navy.

Article XIII. The Emperor declares war, makes peace, and concludes treaties.

Article XIV. The Emperor proclaims the law of siege. The conditions and operation of the law of siege shall be determined by law.

Article XV. The Emperor confers titles of nobility, rank, orders, and other marks of honour.

Article XVI. The Emperor orders amnesty, pardon, commutation of punishments, and rehabilitation.

Article XVII. The institution of a Regency shall take place in conformity with the provisions of the Imperial House Law.*

The Regent shall exercise the supreme powers which belong to the
Emperor in his name.

*Law of succession, coronation, ascension, majority, style of address, regency, imperial governor, imperial family, hereditary estates, imperial expenditures, etc., of Feb. 11, 1889.
CHAPTER II. RIGHTS AND DUTIES OF SUBJECTS

Article XVIII. The conditions necessary for being a Japanese subject shall be determined by law.

Article XIX. Japanese subjects shall all equally be eligible for civil and military appointments, and any other public offices, subject only to the conditions prescribed and Laws and Ordinances.

Article XX. Japanese subjects are amenable to service in the army or navy, according to the provisions of law.

Article XXI. Japanese subjects are amenable to the duty of paying taxes, according to the provisions of law.

Article XXII. Subject to the limitations imposed by law, Japanese subjects shall enjoy full liberty in regard to residence and change of abode.

Article XXIII. No Japanese subject shall be arrested, detained, tried or punished, except according to law.

Article XXIV. No Japanese subject shall be deprived of his right of being tried by judges determined by law.

Article XXV. Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his permission.

Article XXVI. Except in cases provided for in the law, the secrecy of the letters of Japanese subjects shall not be violated.

Article XXVII. The rights of property of Japanese subjects shall not be violated. Such measures, however, as may be rendered necessary in the interests of the public welfare shall be taken in accordance with the provisions of the law.

Article XXVIII. Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief.

Article XXIX. Japanese subjects shall, within the limits of the law, enjoy liberty in regard to speech, writing, publication, public meetings, and associations.

Article XXX. Japanese subjects may present petitions, provided that they observe the proper form of respect, and comply with the rules specially provided for such matters.

Article XXXI. The provisions contained in the present chapter shall not interfere with the exercise, in times of war or in case of national emergency, of the supreme powers which belong to the Emperor.

Article XXXII. Each and every one of the provisions contained in the preceding articles of the present chapter shall, in so far as they do not conflict with the laws or the rules and discipline of the army and navy, apply to the officers and men of the army and of the navy.
CHAPTER III. THE IMPERIAL DIET

Article XXXIII. The Imperial Diet shall consist of two Houses: the
House of Peers and the House of Representatives.

Article XXXIV. The House of Peers shall, in accordance with the Ordinance concerning the House of Peers, be composed of members of the Imperial Family, of Nobles, and of Deputies who have been nominated by the Emperor.

Article XXXV. The House of Representatives shall be composed of members elected by the people, according to the provisions of the Law of Election.

Article XXXVI. No one can at one and the same time be a member of both Houses.

Article XXXVII. Every law requires the consent of the Imperial Diet.

Article XXXVIII. Both Houses shall vote upon projects of law brought forward by the Government, and may respectively bring forward projects of law.

Article XXXIX. A bill which has been rejected by either of the Houses shall not be again brought in during the same session.

Article XL. Both Houses can make recommendations to the Government in regard to laws, or upon any other subject. When, however, such recommendations are not adopted, they cannot be made a second time during the same session.

Article XLI. The Imperial Diet shall be convoked every year.

Article XLII. A session of the Imperial Diet shall last during three months. In case of necessity, a duration of a session may be prolonged by Imperial order.

Article XLIII. When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary one. The duration of an extraordinary session shall be determined by Imperial order.

Article XLIV. With regard to the opening, closing, and prorogation of the Imperial Diet, and the prolongation of its sessions, these shall take place simultaneously in both Houses. Should the House of Representatives be ordered to dissolve, the House of Peers shall at the same time be prorogued.

Article XLV. When the House of Representatives has been ordered to dissolve, the election of new members shall be ordered by Imperial decree, and the new House shall be convoked within five months from the day of dissolution.

Article XLVI. No debate can be opened and no vote can be taken in either House of the Imperial Diet unless not less than one-third of the whole number of the members thereof is present.

Article XLVII. Votes shall be taken in both Houses by absolute majority. In the case of a tie vote, the President shall have the casting vote.

Article XLVIII. The deliberation of both Houses shall be held in public. The deliberations may, however, upon demand of the Government or by resolution of the House, be held in secret sitting.

Article XLIX. Both Houses of the Imperial Diet may respectively present addresses to the Emperor.

Article L. Both Houses may receive petitions presented by subjects.

Article LI. Both Houses may enact, besides what is provided for in the present constitution and in the law of the Houses, rules necessary for the management of their internal affairs.

Article LII. No member of either House shall be held responsible outside the respective Houses for any opinion uttered or for any vote given by him in the House. When, however, a member himself has given publicity to his opinions, by public speech, by documents in print, or in writing, or by any other means, he shall, as regards such actions, be amenable to the general law.

Article LIII. The members of both Houses shall, during the session, be free from arrest, unless with the permission of the House, except in cases of flagrant delicts, or of offences connected with civil war or foreign troubles.

Article LIV. The Ministers of State, and persons deputed for that purpose by the Government, may at any time take seats and speak in either House.
CHAPTER IV. THE MINISTERS OF STATE AND THE PRIVY COUNCIL

Article LV. The respective Ministers of State shall give their advice to the Emperor, and be responsible for it.

All laws, public ordinances, and imperial rescripts, of whatever kind, that relate to the affairs of the state, require the counter-signature of a Minister of State.

Article LVI. The Privy Council shall, in accordance with the provisions for the organisation of the Privy Council, deliberate upon the important matters of State, when they have been consulted by the Emperor.
CHAPTER V. THE JUDICATURE

Article LVII. Judicial powers shall be exercised by the courts of law, according to law, in the name of the Emperor. The organisation of the courts of law shall be determined by law.

Article LVIII. The judges shall be appointed from among those who possess the proper qualifications determined by law. No judge shall be dismissed from his post except on the ground of sentence having been passed upon him for a criminal act, or by reason of his having been subjected to punishment for disciplinary offence. Rules for disciplinary punishment shall be determined by law.

Article LIX. Trials shall be conducted and judgments rendered publicly. When, however, there exists any fear that such publicity may be prejudicial to peace and order, or to the maintenance of public morality, the public trial may be suspended, either in accordance with the law bearing on the subject or by the decision of the court concerned.

Article LX. Matters which fall within the competency of the special courts shall be specially determined by law.

Article LXI. The courts of law shall not take cognizance of any suits which arise out of the allegations that rights have been infringed by illegal action on the part of the executive authorities, and which fall within the competency of the court of administrative litigation, specially established by law.
CHAPTER VI. FINANCE

Article LXII. The imposition of a new tax or the modification of the rates (of an existing one) shall be determined by law.

However, all such administrative fees or other revenue as are in the nature of compensation for services rendered shall not fall within the category of the above clause.

The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are provided in the Budget, shall require the consent of the Imperial Diet.

Article LXIII. Existing taxes shall, in so far as they are not altered by new laws, continue to be collected as heretofore.

Article LXIV. The annual expenditure and revenue of the State shall, in the form of an annual Budget, receive the consent of the Imperial Diet. Any expenditure which exceeds the appropriations set forth under the various heads of the Budget, or those not provided for in the Budget, shall be referred subsequently to the Imperial Diet for its approval.

Article LXV. The Budget shall be first laid before the House of
Representatives.

Article LXVI. The expenditure in respect of the Imperial House shall be defrayed every year out of the National Treasury, according to the present fixed amount for the same, and shall not hereafter require the consent thereto of the Imperial Diet, except in case an increase thereof is found necessary.

Article LXVII. The fixed expenditure based upon the supreme powers of the Emperor and set forth in this Constitution, and such expenditure as may have arisen by the effect of law, or as appertains to the legal obligations of the Government, shall be neither rejected nor reduced by the Imperial Diet, without the concurrence of the Government.

Article LXVIII. In order to meet special requirements the Government may ask the consent of the Imperial Diet to a certain amount as a continuing expenditure fund, for a previously fixed number of years.

Article LXIX. In order to supply unavoidable deficits in the Budget, and to meet requirements unprovided for in the same, a reserve fund shall be established.

Article LXX. When there is urgent need for the adoption of measures for the maintenance of the public safety, and when in consequence of the state either of the domestic affairs or of the foreign relations, the Imperial Diet cannot be convoked, the necessary financial measures may be taken by means of an Imperial Ordinance. In such cases as those mentioned in the preceding clause the matter shall be submitted to the Imperial Diet at its next session for its approval.

Article LXXI. When the Imperial Diet has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year.

Article LXXII. The final account of the expenditure and revenue of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Imperial Diet, together with the report of verification of the said Board.

The organisation and competency of the Board of Audit shall be determined by law separately.

Article LXXIII. Should, hereafter, the necessity arise for the amendment of the provisions of the present Constitution, A project to that effect shall be submitted for the deliberation of the Imperial Diet by Imperial Order. In the above case, neither House can open a debate, unless not less than two-thirds of the whole number of members are present; and no amendment can be passed unless a majority
of not less than two-thirds of the members present is obtained.

Article LXXIV. No modification of the Imperial House Law shall be required to be submitted for the deliberation of the Imperial Diet.
No provision of the present Constitution can be modified by the Imperial House Law.

Article LXXV. No modification can be introduced into the Constitution, or into the Imperial House Law, during the time of a Regency.

Article LXXVI. Existing legal enactments, such as laws, regulations, and ordinances, and all other such enactments, by whatever names they may be called, which do not conflict with the present constitution, shall continue in force. All existing contracts or orders which entail obligations upon the Government, and which are connected with the expenditure, shall come within the scope of Article LXVII.



2. AGREEMENT BETWEEN JAPAN AND THE UNITED KINGDOM, SIGNED AT LONDON, AUGUST 12, 1905

Preamble. The Governments of Japan and Great Britain, being desirous of replacing the agreement concluded between them on the 30th January, 1902, by fresh stipulations, have agreed upon the following articles, which have for their object:

(a) The consolidation and maintenance of the general peace in the regions of Eastern Asia and of India;

(b) The preservation of the common interests of all Powers in China by insuring the independence and integrity of the Chinese Empire and the principle of equal opportunities for the commerce and industry of all nations in China;

(c) The maintenance of the territorial rights of the High Contracting Parties in the regions of Eastern Asia and of India, and the defence of their special interests in the said regions:

Article I. It is agreed that whenever, in the opinion of either Great Britain or Japan, any of the rights and interests referred to in the preamble of this Agreement are in jeopardy, the two Governments will communicate with one another fully and frankly, and will consider in common the measures which should be taken to safeguard those menaced rights or interests.

Article II. If by reason of unprovoked attack or aggressive action, wherever arising, on the part of any other Power or Powers either Contracting Party should be involved in war in defence of its territorial rights or special interests mentioned in the preamble of this Agreement, the other Contracting Party will at once come to the assistance of its ally, and will conduct the war in common, and make peace in mutual agreement with it.

Article III. Japan possessing paramount political, military, and economic interests in Corea, Great Britain recognizes the right of Japan to take such measures of guidance, control, and protection in Corea as she may deem proper and necessary to safeguard and advance those interests, provided always that such measures are not contrary to the principle of equal opportunities for the commerce and industry of all nations.

Article IV. Great Britain having a special interest in all that concerns the security of the Indian frontier, Japan recognizes her right to take such measures in the proximity of that frontier as she may find necessary for safeguarding her Indian possessions.

Article V. The High Contracting Parties agree that neither of them will, without consulting the other, enter into separate arrangements with another Power to the prejudice of the objects described in the preamble of this Agreement.

Article VI. As regards the present war between Japan and Russia, Great Britain will continue to maintain strict neutrality unless some other Power or Powers should join in hostilities against Japan, in which case Great Britain will come to the assistance of Japan, and will conduct the war in common, and make peace in mutual agreement with Japan.

Article VII. The conditions under which armed assistance shall be afforded by either Power to the other in the circumstances mentioned in the present Agreement, and the means by which such assistance is to be made available, will be arranged by the Naval and Military authorities of the Contracting Parties, who will from time to time consult one another fully and freely upon all questions of mutual
interest.

Article VIII. The present Agreement shall, subject to the provisions of Article VI, come into effect immediately after the date of its signature, and remain in force for ten years from that date.

In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said ten years the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have denounced it. But, if when the date fixed for its expiration arrives, either ally is actually engaged in war, the alliance shall, ipso facto, continue until peace is concluded.

In faith whereof the Undersigned, duly authorized by their respective Governments, have signed this Agreement and have affixed thereto their Seals.

Done in duplicate at London, the 12th day of August, 1905.

(L.S.) TADASU HAYASHI

Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan at the Court of St. James.

(L.S.) LANSDOWNE

His Britannic Majesty's Principal Secretary of State for Foreign Affairs.



3. TREATY OF PEACE BETWEEN JAPAN AND RUSSIA SIGNED AT PORTSMOUTH, SEPTEMBER 5, 1905

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 Corea paramount political, military and economical interests, engage neither to obstruct nor interfere with the measures of guidance, protection and control which the Imperial Government of Japan may find it necessary to take in Corea.

It is understood that Russian subjects in Corea shall be treated exactly in the same manner as the subjects or citizens of other foreign Powers, that is to say, they shall be placed on the same footing as the subjects or citizens of the most favoured nation.

It is also agreed that, in order to avoid all cause of misunderstanding, the two High Contracting Parties will abstain, on the Russo-Corean frontier, from taking any military measure which may menace the security of Russian or Corean territory.

Article III. Japan and Russia mutually engage:

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

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

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

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

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

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

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

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

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

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

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


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

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

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


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

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

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


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

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

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

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

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

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

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

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

(Signed) JUTARO KOMURA (L.S.)

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

(Signed) SERGE WITTE (L.S.)

(Signed) ROSEN (L.S.)

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

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

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

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

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

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

The foregoing additional Articles are to be considered as ratified with the ratification of the Treaty of Peace to which they are annexed.

Portsmouth the 5th day, 9th month, 38th year of Meiji corresponding to the 23rd August, 5th September, 1905.

(Signed) JUTARO KOMURA (L.S.)

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

(Signed) SERGE WITTE (L.S.)

(Signed) ROSEN (L.S.)