and of the arguments upon which the contentions of each are based, with a view to arriving at an adjustment of the location of the portion of the line referred to in accordance with the true intent and meaning of the provisions relating thereto in the treaties of 1783 and 1814 between the United States and Great Britain and the award of the commissioners appointed in that behalf under the Treaty of 1814; Now, THEREFORE, upon the evidence and arguments so presented, and after taking into consideration all actions of the respective governments and of their representatives authorized in that behalf and of the local governments on either side of the line, whether prior or subsequent to such treaties and award, tending to aid in the interpretation thereof, the high contracting parties hereby agree that the location of the international boundary line between the United States and the Dominion of Canada from a point in Passamaquoddy Bay accurately defined in the treaty between the United States and Great Britain of April 11, 1908, as lying between Treat Island and Friar Head, and extending thence through Passamaquoddy Bay and to the middle of Grand Manan Channel, shall run in a series of seven connected straight lines for the distances and in the directions as follows: Beginning at the aforesaid point lying between Treat Island and Friar Head, thence (1) South 8° 29′ 57′′ West true, for a distance of 1152.6 meters; thence (2) South 8° 29′ 34′′ East, 759.7 meters; thence (6) South 81° 48′ 45′′ East, 2616.8 meters to a point on the line which runs approximately North 40° East true, and which joins Sail Rock, off West Quoddy Head Light, and the southernmost rock lying off the southeastern point of the southern extremity of Campobello Island; thence (7) South 47° East 5100 meters to the middle of Grand Manan Channel. The description of the last two portions of the line thus defined, viz., those numbered (6) and (7), is intended to replace the description of the lowest portion of the line, viz., that numbered (2), as defined in Article I of the treaty of April 11, 1908. ARTICLE II. The location of the boundary line as defined in the foregoing Article shall be laid down and marked by the commissioners under Article I of the aforesaid treaty of April 11, 1908, in accordance with the provisions of such Article, and the line so defined and laid down shall be taken and deemed to be the international boundary extending between the points therein mentioned in Grand Manan Channel and Passamaquoddy Bay. ARTICLE III. It is further agreed by the high contracting parties that on either side of the hereinabove described line southward from the point of its intersection with a line drawn true north from Lubec Channel Light, as at present established, either party shall have the right, upon two months' notice to the other, to improve and extend the channel to such depth as may by it be deemed desirable or necessary, and to a width not exceeding one hundred and fifteen (115) meters on each side of the boundary line, and from such point of intersection northerly through Lubec Narrows to the turning point in the boundary lying between Treat Island and Friar Head, either party shall have the right, upon two months' notice to the other, to improve and deepen the present channel to a width not exceeding sixty-five (65) meters on each side of the boundary line and to such depth as may by it be deemed desirable or necessary; it being understood, however, that each party shall also have the right to further widen and deepen the channel anywhere on its own side of the boundary. ARTICLE IV. This treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and the ratifications shall be exchanged in Washington as soon as practicable. IN FAITH WHEREOF, the respective Plenipotentiaries have signed this treaty in duplicate and have hereunto affixed their seals. DONE at Washington the 21st day of May, in the year of our Lord one thousand nine hundred and ten. PC KNOX [SEAL] REPORT TO THE THRONE OF THE IMPERIAL CHINESE COMMISSION ON CONSTITUTIONAL GOVERNMENT RECOMMENDING THE ABOLITION OF SLAVERY, TOGETHER WITH THE IMPERIAL RESCRIPT APPROVING THE REPORT AND TEN REGULATIONS FOR ITS ENFORCEMENT. The Imperial Commission on Constitutional Government, after conference (with the Commission on Revision of the Code) respecting certain memorials proposing the abolition of salvery, respectfully submits this report recommending certain measures to be adopted for this purpose. On the first day of the third moon of the XXXII year of Kuanghsü (March 25, 1906) Chou Fu, the Acting Viceroy of the Liang Kiang,1 submitted to the Throne a memorial, praying that the practice of buying and selling human beings, an offense against the harmony of heaven and earth and incompatible with the progress of civilization, might be forbidden and suppressed, so as to promote the establishment of humane government. The memorial was indorsed by the Vermillion Pencil as follows: Let the Council of State and the Boards concerned jointly consider and report. A list of measures proposed by the Viceroy is forwarded with the memorial. On the sixteenth day of the first moon of the I year of Hsüant'ung (February 6, 1909) Wu Wei-ping, the Censor of the Shensi Circuit, memoralized to the effect that the evil custom of buying and selling male and female slaves ought to be abolished, and prayed that a decree might be issued forbidding and suppressing it under severe penalties, so as to promote justice and further the introduction of constitutional government. In response to this memorial an Imperial Edict was issued, saying, "Let the Commission on Constitutional Government take note." The memorial of his excellency Chou Fu contains the following: In the prosperous times of the Three Ancient Dynasties 2 the buying and selling of human beings was unknown, although criminals were punished by enslavement. It was during the decline of the Chou Dynasty that we first hear of men being sold. During the Ch'in and Han Dynasties 3 this practice became established; great cruelty was shown, and slaves came to be regarded as chat 1 The Liang Kiang Viceroyalty embraces three provinces of the Yangtze Valley: Kiangsu, Kiangsi and Anhui, and its capital is Nanking. 2 I. e., the Hsia, the Shang and the Chou Dynasties from B. C. 2205 to B. C. 255. 3 I. e., from B. C. 255 to A. D. 264. tels and not as human beings. Their masters held the power of life and death over them. Our present Dynasty established statutes designed gradually to improve the condition of slaves, such as the law declaring slaves held upon unstamped deeds to have the same status as hired laborers, and that providing for the punishment of any one who should kill a slave, guilty of some offense, instead of referring the matter to the courts. Numberless instances might be given of such manifestations of Imperial consideration. But so long as deeds for the purchase and sale of human beings are allowed to be executed it is useless to try to check the practice and little can be done to improve the situation. When the children of the poor are once sold into the hands of strangers they may be as oppressively used as dogs and horses and as harshly treated as imprisoned criminals. Alas! no door is opened in response to their cry. Death alone can release them from their bonds. One can not bear to speak of such barbarous cruelty. The various nations of Europe and America in recent times have steadily advanced in humanity, and are thoroughly convinced that their former rivalry in the slave trade was base and barbarous. Great Britain spent tens of millions of taels in freeing slaves throughout the whole empire. The United States of America issued a proclamation of emancipation, but it was not until after years of civil war that the slaves were actually set free. The report of her justice was spread abroad and other nations followed the example set. Our own Imperial Court is now engaged in reforming the government and revising the laws. Hundreds of reforms have been introduced but the one practice of buying and selling men remains, although of old it had no place and to-day the whole world regards it as wrong. Your minister humbly begs that Your Majesties, in keeping with the Imperial clemency, will abolish te institution of slavery and henceforth forever forbid any subject, whether Manchu or Chinese, official, soldier or commoner, to buy or sell human beings, and make all disobedience to such an edict punishable under the law, decreeing, furthermore, that all who now possess slaves shall be permitted to employ them as hired laborers only; that a term of years be fixed, that is to say that when the person concerned shall have reached the age of twenty-five years he or she shall be allowed to return home, and that if there be no home to which the servant can return, if a male, he be given his freedom, and, if a female servant, that her master be required to arrange a marriage for her, no money being given or received in exchange; that when concubines are taken there shall be a formal contract duly witnessed, and that there shall be free consent of both parties, that her relatives be permitted to visit her and that she, on her part, be required to keep the place and perform the duties of a concubine without overstepping the boundaries of her station. Wu Wei-ping in his memorial states: Heaven and earth have a heart of compassion for living creatures, and the ancient emperors and kings held humane regard for the people to be the foundation of good government. To-day we are about to establish a constitutional 4 I. e., not stamped with the seal of the local official which gives legal force to a document. 6 regime throughout the Empire. The educated should be encouraged in the pursuit of culture and the lowly should be regarded with equal solicitude. It is inconsistent with good government that the poor and unfortunate, though innocent of crime, should be bought and sold and allowed to sink into the degradation of slavery, to be oppressed and cruelly ill treated and denied all human rights. An inspection of the records shows that the hereditary slaves of Huichou and Ningkuo 5 were emancipated in the reign of Chiach'ing, and that more recently the To Ming of Chekiang have been granted the privileges of education and permitted to forsake their old callings and become citizens. The whole world unites in praising the goodness of such enactments. But as for male and female slaves, though they dwell among men, they are reckoned as outside the pale of humanity. Since, however, under a constitutional form of government there can be no discrimination, the Imperial bounty must be extended to all in order to be just. It becomes necessary therefore to request that the purchase of male and female slaves be forever forbidden, and that henceforth, any one, whether Marchu or Chinese, official, soldier or commoner, who is in need of laborers, be permitted only to hire them and not to buy them as slaves; that those who take concubines be allowed to do so only through the medium of a go-between and not by deeds of purchase; that those already in possession of slaves be required to treat them as hired laborers, and that when such servants commit crimes they be punished under the laws applicable to hired servants; and that all references in the fundamental laws and statutes to male and female slaves without exception be expunged. Thus, to some extent at least, the whole country being without servile classes, all will rejoice in this era of Imperial favor. It is requested that the Commission on Constitutional Government be commanded to join with the Commission on Revision of the Code in a consideration of these suggestions, together with those contained in the memorial of Chou Fu, and recommend satisfactory measures for whose enforcement they shall request the issue of an Imperial edict. Your Majesty's ministers humbly represent that Chou Fu's memorial was formerly referred to the Council of State, and that before a report could be made upon it the Council was itself abolished. Now that Wu Wei-ping has presented his memorial and requested that it be considered in connection with that of Chou Fu the two memorials must naturally be dealt with together. Your Ministers are of opinion that the essential thing in the establishment of constitutional government is the exercise of power by the people. If then men are bought and sold by their fellows and deprived of their liberty, looked upon as dogs and horses, such a condition is manifestly out of keeping with the Imperial proclamation of constitu 5 Two prefectures in the province of Anhui. 6 Certain outcasts whose origin is obscure, believed to be descendants of rebels of the Twelfth Century A. D. |