APPENDIX.THE POSITION OF LOB-NOR.Lake Lob-Noris placed in the map accompanying this volume in accordance with the explorations of Colonel Prjevalsky in 1876–77; the result of which was published in Dr. Petermann'sMittheilungenas an extra number during the spring of the present year. The accuracy of the gallant explorer in identifying Lob-Nor with his lake of Kara Koshun had not been challenged when this map was drawn, and when the following good reasons for doubting its accuracy were published on the 14th of September, it was too late to make the necessary alteration.The quotation of Baron Ferdinand von Richthofen's strictures on Colonel Prjevalsky's lakes is taken from theAthenæumof the 14th of September, 1878:—"It would appear that the Russian traveller Prejevalsky, in his last remarkable journey in the heart of Central Asia, did not explore Lob-Nor at all, as he claims to have done. Baron Ferdinand von Richthofen, one of the first comparative geographers of the day, has examined the account of the journey, more especially by the light of Chinese literature, and proves, almost incontestably to our thinking, that the true Lob-Nor must lie somewhere north-east of the so-called Kara Kotchun Lake discovered by Prejevalsky, and that, in all probability, it is fed by an eastern arm of the Tarim river. This, at all events, would account for the remarkablediminution in bulk undergone by the waters of that stream as they proceed southward, which could not but strike an attentive reader of the Russian explorer's narrative. We have not space to reproduce all the arguments which Von Richthofen adduces, but the more important are these:—Prejevalsky's lake was fresh, whereas Lob-Nor has been calledTheSalt Lake,par excellence, in all ages; Shaw, Forsyth, and other authorities, report that the name Lob-Nor was known in those regions, whereas Prejevalsky found no such name applied to his lake; the Chinese maps, of the accuracy of which Von Richthofen has had repeated proofs, represent Lob-Nor as lying more to the north-east, and call two lakes lying nearly in the position of those discovered by Prejevalsky, Khasomo, Khas being the Mongolian for jade, a famous product of Khotan of which mediæval traders from China went in quest, passing by these very lakesen route. Another important argument is, as we have mentioned, based on the bulk of water discharged by the Tarim at its mouth. Von Richthofen's theory presupposes that the Tarim River has altered its course, and that the main rush of water is now south-east instead of due east as formerly. The whole question is well worthy of further investigation, and it is possible that Prejevalsky, whom a recent telegram from St. Petersburg reports about to return to Central Asia, may be enabled to elucidate it. He will return to Zaissan, the Russian frontier post, and thence endeavour to make his way into Tibet by way of Barkul and Hami."It is, however, certain that he will encounter great, if not insuperable, obstruction, for we learn from private advices from India, that the ill-advised publication in the Chefoo Convention of the then proposed mission to Tibet has resulted in the issue of the most stringent orders to the Tibetan officials at all the various routes and passes to allow no European traveller to enter into the country on any pretext whatever."Having stated the view of Baron Ferdinand von Richthofen, which is endorsed by the high authority of theAthenæeum, and which bears, moreover, conviction upon its face, it is but fair to give the vital portion of Colonel Prjevalsky's own description. TheGeographical Magazine, for May, 1878 Containsin extensothe report, and the sentences here quoted are from that translation."At a distance of fifteen versts from the smaller lake, Kara Buran, the party diverged southward to the village of Charchalyk, built about thirty years ago by outlaws from Khotan, of which there are at present 114 engaged in tilling fields for the state.... Where Charchalyk now stands, and also at the distance of two days' journey from it, are the ruins of two towns, called Ottogush-Shari (from Ottogush, a former ruler) and Gas-Shari respectively. Close to Lob-Nor (Kara Koshun) are the ruins of a third and pretty extensive town called Kune-Shari. From inquires, Prejevalsky ascertained that about 1861 or 1862 a colony of Russians numbering about 160 or 170 people, including women and children, with their pack-horses and armed with flint-lock muskets, settled on the Lower Tarim and at Charchalyk, but that they made no long stay, and soon returned to Urumchi, via Turfan.... Turning to the Lob-Nor Lake (Kara Koshun), which the travellers reached in the early days of February, it should be observed that the Tarim discharges itself first into a smaller lake (from thirty to thirty-five versts in length, and between ten and twelve versts in breadth) called Kara Buran (i.e.black storms) into which the Cherchendaria flows as well. A great part of the Kara Buran, as of Lob-Nor, is overgrow with reeds, the river flowing in its bed in the centre. The name Lob-Nor is applied by the natives to the whole lower course of the Tarim, the larger lake being called Chok-kul or Kara Koshun. This lake, or rather morass, is in the shape of an irregular ellipse running south-west and north-east."Its major axis is about 90 or 100 versts in length, its minor axis not more than twenty versts. This information is derived from the natives, as Prejevalsky himself explored only the southern and western end, and proceeded by boat down the river for about half the length of the lake, further progress being rendered impossible by the increasing shallowness of the water and the masses of reeds in every direction. The water itself is clear and sweet, though there are salt marshes all round the lake, and beyond them a strip of ground parallel with the present borders of the lake and overgrown with tamarisks. It is probable that this strip was formerly the periphery of the lake, and this conclusion is corroborated by the natives, who say that thirty years ago the lake was deeper."It is clear that the true position of Lob-Nor has yet to be defined by modern exploration, but we may safely assume with theAthenæumthat Colonel Prjevalsky's Kara Koshun isnotLob-Nor. The accompanying map then, in this particular, is unfortunately erroneous.There is every reason for believing that Lob-Nor will be found in the position assigned to it on the Chinese chart, theaccuracyof which has been so strikingly proved by the correct position given to the two lakes Khas-omo, which are identical with the Kara Koshun and Kara Bunar of Prjevalsky.It would be most interesting to obtain a diary or other account of those Russian settlers mentioned by Prjevalsky, who entered theterra incognitaof Central Asia during the halcyon days after the signature of the Treaty of Kuldja, and just before the outbreak of the Tungan revolt. It is possible that they may have solved during their return journey to Urumtsi the enigma of Lob-Nor without knowing what they had achieved. The reader will, therefore, have the kindness to bear in mind that Lob-Nor is really (probably about three-quarters of a degree) north-east of where it is placed on the map, and that the lake represented thereis only the Kara Koshun, or Chok Kul of Colonel Prjevalsky.The most recent information is, that Colonel Prjevalsky adheres to his view as to the position of Lob-Nor, and is preparing a reply which will be published in a few weeks from this date (October 1st).TREATY BETWEEN RUSSIA AND CHINA.Treaty of Commerce concluded between Russia and China, at Kuldja, on the 25th Day of July, 1851, and ratified on the 13th Day of November, 1851.Theplenipotentiary of His Majesty the Emperor of All the Russias, and the plenipotentiaries of His Majesty the Bogdokhan of Tatsing, hereby declare; the Governor General of Ili, and its dependent provinces, as well as his deputy, have, after consulting together, concluded in the city of Ili (Kuldja), in favour of the subjects of both empires, a Treaty of Commerce, which establishes a traffic in the cities of Ili (Kuldja), and of Tarbagatai (Chuguchak). This treaty is composed of the following articles:—Article I.The present Treaty of Commerce, concluded in the interests of both powers, by demonstrating their mutual solicitude for the maintenance of peace between, as well as for the well-being of, their respective subjects, ought to draw still closer together those links of friendship which at the present moment unite the two Powers.Article II.The merchants of the two Empires will regulate between themselves the interchange of commerce, and arrange the various charges at their own will, and without any extraneous pressure. On the part of Russia a consul will be appointed to superintend the affairs of all Russian subjects; and on the part of China, a functionary of the superior administration of Ili. In the event of any collision between the subjects of either Power, each of these agents will decide, in accordance with justice, the affairs of his own countrymen.Article III.This commerce being opened in consideration of the mutual friendship of the two Powers, it will not be in contravention of existing rights on either side.Article IV.Russian merchants going either to Ili (Kuldja) or to Tarbagatai (Chuguchak) will be accompanied by a syndic (caravanbashi). When a caravan going to Ili (Kuldja) shall arrive at the Chinese picket of Borokhondjir, and when that destined for Tarbagatai (Chuguchak) shall reach the first Chinese picket, the syndic shall present to the officer of the guard the certificate of his government. The said officer, after having noted the number of men, of beasts, and of loads of merchandise, shall permit the caravan to pass, and shall furthermore cause it to be escorted from picket to picket by an officer and soldiers. During the march, all disturbance, or cause for such, shall be interdicted to soldiers and merchants alike.Article V.In order to facilitate the task of officers and soldiers, Russian merchants shall be obliged, in virtue of the present treaty, to follow the route chosen by their body guard, both going and returning.Article VI.If, whilst Russian caravans follow their route outside the limit of the guard of Chinese soldiers, bands of brigands from the outer clans (Kirghiz) shall commit acts of pillage, of assault, or other crimes, the Chinese government shall not be required to interfere in the matter. When the caravan shall have arrived on Chinese territory, similarly also during its residence in the factories where merchandise is stored, Russian merchants must themselves guard and defend their property. They will be expected still more carefully to look after their animals when out at pasturage. If, despite all precaution, something should happen to go astray, notice of such loss must be promptly given to the Chinese official; who conjointly with the Russian consul shall trace out with all possible diligence the lost article. If traces of it are discovered, and those in a village held by Chinese subjects, and the thief be captured, the punishment shall be prompt and severe. If the thing lost be recovered, or any portion of it, it shall be restored to the person to whom it belonged.Article VII.In the event of disputes, litigations, or other trivial incidents, between the respective subjects, the Russian consul and the Chinese official, of whom mention has previously been made, shall use all their efforts to settlethe affair satisfactorily. But if, despite every effort to avoid such, a criminal case or one of general importance should arise, it shall be decided conformably with the regulations actually in force on the Kiachta frontier.Article VIII.Russian merchants shall arrive each year with their merchandise between the 25th day of March and the 10th day of December (of our style, or according to the Chinese calendar between the day Tchin-ming and the day Tong-tchi); after the latter of these dates, the arrival of caravans shall cease. If the merchandise imported during that period (8½ months) should not be sold, it shall be permissible to the merchants to remain a longer space in China, in order to complete their sale; after which the consul shall take charge of their departure. It is moreover understood that Russian merchants shall not obtain an escort of officers and soldiers, neither for going nor for returning, if they have not at the least twenty camels laden with merchandise. If a merchant or the Russian consul has need for some special matter to send an express message, every facility shall be accorded him for doing so. But in order that the service of officers and soldiers should not become too onerous, there shall only be twice in the same month these extraordinary expeditions outside the line of the advanced guards.Article IX.Russian and Chinese merchants can see each other without restriction about matters of business; but Russian subjects, finding themselves in the factory under the care of the Russian consul, may not walk about in the suburbs and the streets, unless provided with a "permit" from the consul; without such permit, they must not go out of their enclosure. Whoever shallgo out without permission shall be led back to the consul, who will proceed against him according to law.Article X.If a criminal belonging to either of the two Empires should flee to the other, he shall not be afforded sanctuary; but, on the part of each Power, the local authorities shall take the most severe measures, and make the most searching enquiries to arrest him. There shall be reciprocal extradition of fugitives of this class.Article XI.As it is to be foreseen that the Russian merchants, who shall come to China on commercial matters, will have with them carriages and beasts of burden, there shall be assigned for their use, near the city of Ili, certain places on the banks of the river Ili, and also near the city of Tarbagatai other places where there is both water and pasturage. In these encampments the Russian merchants shall confide their animals to the charge of their own people, who shall take care that neither cultivated lands nor cemeteries shall be in any case injured or desecrated. Those who may contravene this enactment shall be brought before the consul to be punished.Article XII.In the exchange of articles of merchandise between the merchants of the two Empires, nothing shall be left on credit on either side. If, notwithstanding this clause, some one should purchase his merchandise on credit, the Russian and Chinese officials shall on no account interfere, and shall admit of no complaint, even if cause for such might exist.Article XIII.As Russian merchants arriving in China for commercial reasons should necessarily have special places for their warehouses, the Chinese government shall assign them, in the two commercial cities of Ili and Tarbagatai, plots of land near the bazaar, so that the Russian subjects may be able to construct there, at their own expense, dwelling-houses and factories for their wares.Article XIV.The Chinese government shall not interpose obstacles in any case where Russian subjects celebrate, within their own buildings, divine service according to the rite of their religion. In case a Russian subject in China should happen to die either at Ili or at Tarbagatai, the Chinese government shall set apart an empty space outside the walls of those cities, to serve as a cemetery.Article XV.If Russian merchants should take to Ili or Tarbagatai sheep for the purpose of exchanging them, the local authorities shall take, on account of the government, two sheep out of every ten, and shall give in exchange for each sheep a piece of linen cloth (da-ba, of the legal measure); the remainder of the animals and every other kind of merchandise shall be exchanged between the merchants of the two Empires at a price mutually agreed upon, and the Chinese government shall not intermeddle in any manner whatsoever.Article XVI.The ordinary official correspondence between the two Empires shall be made, on the part of the Russiangovernment, through the medium of the superior administration of Western Siberia, and under the seal of that administration; and on the part of the Chinese government through the medium, and under the seal, of the superior administration of Ili.Article XVII.The present Treaty shall be authenticated by the signatures and seals of the respective plenipotentiaries. On the part of Russia there will be prepared four copies in the Russian language, signed by the plenipotentiary of Russia; on the part of China, four copies in the Mantchoo language, signed by the Chinese plenipotentiary and his adjunct. The respective plenipotentiaries will each keep a copy in the Russian language, and a copy in the Mantchoo, for the purpose of putting the treaty into execution, and to serve for constant reference. A Russian copy and a Mantchoo copy shall be sent to the directing Senate of Russia; and a copy in each language to the Chinese Tribunal for Foreign Affairs, to be there sealed and preserved after the ratification of the Treaty.All the above articles of the present Treaty concluded by the respective plenipotentiaries of Russia and China are hereby signed and sealed. The twenty-fifth day of July, in the year 1851, in the 26th year of the reign of His Imperial Majesty the Emperor and Autocrat of All the Russias.(Signed) Colonel in the corps of Engineers.Kovalevski.I Chan,Bovyantai.TREATY BETWEEN ENGLAND AND CASHMERE.Treaty between the British Government and His Highness Maharaja Runbeer Singh, G.C.S.I., Maharaja of Jummoo and Cashmere, His Heirs and Successors, executed on the one part by Thomas Douglas Forsyth, C.B., in virtue of the full powers vested in him by His Excellency the Right Honourable Richard Southwell Bourke, Earl of Mayo, Viscount Mayo of Monycrower, Baron Naas of Naas, K.P., G.M.S.I., P.C., &c., &c., &c., Viceroy and Governor-General of India, and on the other part by His Highness Maharaja Runbeer Singh aforesaid, in person.Whereasin the interest of the high contracting parties and their respective subjects it is deemed desirable to afford greater facilities than at present exist for the development and security of trade with Eastern Turkestan, the following Articles have with this object been agreed upon:—Article I.With the consent of the Maharaja, officers of the British Government will be appointed to survey thetrade routes through the Maharaja's territories from the British frontier of Lahoul to the territories of the Ruler of Yarkand, including the routeviâthe Chang Chemoo Valley. The Maharaja will depute an officer of his Government to accompany the surveyors, and will render them all the assistance in his power. A map of the routes surveyed will be made, an attested copy of which will be given to the Maharaja.Article II.Whichever route towards the Chang Chemoo Valley shall, after examination and survey as above, be declared by the British Government to be the best suited for the development of trade with Eastern Turkestan shall be declared by the Maharaja to be a free highway in perpetuity, and at all times for all travellers and traders.Article III.For the supervision and maintenance of the road in its entire length through the Maharaja's territories, the regulation of traffic on the free highway described in Article II., the enforcement of regulations that may be hereafter agreed upon, and the settlement of disputes between carriers, traders, travellers, or others using that road, in which either of the parties or both of them are subjects of the British Government or of any foreign State, two Commissioners shall be annually appointed, one by the British Government, and the other by the Maharaja. In the discharge of their duties, and as regards the period of their residence, the Commissioners shall be guided by such rules as are now separately framed, and may, from time to time, hereafter be laid down by the joint authority of the British Government and the Maharaja.Article IV.The jurisdiction of the Commissioners shall be defined by a line on each side of the road, at a maximum width of two statutekoss, except where it may be deemed by the Commissioners necessary to include a wider extent for grazing grounds. Within this maximum width the surveyors appointed under Article I. shall demarcate and map the limits of jurisdiction which may be decided on by the Commissioners as most suitable, including grazing grounds; and the jurisdiction of the Commissioners shall not extend beyond the limits so demarcated. The land included within these limits shall remain in the Maharaja's independent possession, and, subject to the stipulations contained in this Treaty, the Maharaja shall continue to possess the same rights of full sovereignty therein as in any other part of his territories, which rights shall not be interfered with in any way by the Joint Commissioners.Article V.The Maharaja agrees to give all possible assistance in enforcing the decisions of the Commissioners, and in preventing the breach or evasion of the regulations established under Article III.Article VI.The Maharaja agrees that any person, whether a subject of the British Government, or of the Maharaja, or of the Ruler of Yarkand, or of any foreign State, may settle at any place within the jurisdiction of the Commissioners, and may provide, keep, maintain, and let for hire at different stages the means of carriage and transport for the purposes of trade.Article VII.The two Commissioners shall be empowered to establish supply depôts, and to authorize other persons to establish supply depôts, at such places on the road as may appear to them suitable; to fix the rates at which provisions shall be sold to traders, carriers, settlers, and others, and to fix the rent to be charged for the use of any rest-houses or serais that may be established on the road. The officers of the British Government in Kullu, &c., and the officers of the Maharaja in Ladakh shall be instructed to use their best endeavours to supply provisions on the indent of the Commissioners at market rates.Article VIII.The Maharaja agrees to levy no transit duty whatever on the aforesaid free highway, and the Maharaja further agrees to abolish all transit duties levied within his territories on goods transmitted in bond through His Highness's territories from Eastern Turkestan to India andvice versá, on which bulk may not be broken within the territories of His Highness. On goods imported into or exported from His Highness's territory, whether by the aforesaid free highway or any other route, the Maharaja may levy such import or export duties as he may think fit.Article IX.The British Government agree to levy no duty on goods transmitted in bond through British India to Eastern Turkestan or to the territories of His Highness the Maharaja. The British Government further agree to abolish the export duties now levied on shawls and other textile fabrics manufactured in the territories ofthe Maharaja, and exported to countries beyond the limits of British India.Article X.This Treaty, consisting of ten Articles, has this day been concluded by Thomas Douglas Forsyth, C.B., in virtue of the full powers vested in him by His Excellency the Right Honourable Richard Southwell Bourke, Earl of Mayo, Viscount Mayo, of Monycrower, Baron Naas of Naas, K.P., G.M.S.I., P.C., &c., &c., Viceroy and Governor-General of India, on the part of the British Government, and by the Maharaja Runbeer Singh aforesaid; and it is agreed that a copy of this Treaty, duly ratified by His Excellency the Viceroy and Governor-General of India, shall be delivered to the Maharaja on or before the 7th of September, 1870. Signed, sealed, and exchanged at Sealkote on the second day of April, in the year of our Lord one thousand eight hundred and seventy, corresponding with the 22nd day of Bysack Sumbut, 1927.Signature of the Maharaja of Cashmere.(Signed)T. D. Forsyth,Mayo.This Treaty was ratified by His Excellency the Viceroy and Governor-General of India at Sealkote on the 2nd day of May, 1870.(Signed)C. U. Aitchison,Officiating Secretary to the Governmentof India, Foreign Department.TREATY BETWEEN RUSSIA AND KASHGAR.The following Conditions of Free Trade were proposed and agreed upon between General Aide-de-Camp Von Kaufmann and Yakoob Beg, Chief of Djety-Shahr.Article I.AllRussian subjects, of whatsoever religion, shall have the right to proceed for purposes of trade to Djety-Shahr, and to all the localities and towns subjected to the Chief of Djety-Shahr, which they may desire to visit in the same way as the inhabitants of Djety-Shahr have hitherto been, and shall be in the future, entitled to prosecute trade throughout the entire extent of the Russian Empire. The honourable chief of Djety-Shahr undertakes to keep a vigilant guard over the complete safety of Russian subjects, within the limits of his territorial possessions, and also over that of their caravans, and in general over everything that may belong to them.Article II.Russian merchants shall be entitled to have caravanserais, in which they alone shall be able to store their merchandise, in all the towns of Djety-Shahr in which they may desire to have them. The merchants of Djety-Shahr shall enjoy the same privilege in the Russian villages.Article III.Russian merchants shall, if they desire it, have the right to have commercial agents (caravanbashis) in all the towns of Djety-Shahr, whose business it is to watch over the regular courts of trade, and over the legal imposition of customs dues. The merchants of Djety-Shahr shall enjoy the same privilege in the towns of Turkestan.Article IV.All merchandise transported from Russia to Djety-Shahr, or from that province into Russia, shall be liable to a tax of 2½ per cent.ad valorem. In every case this tax shall not exceed the rate of the tax taken from Mussulmans being subject to Djety-Shahr.Article V.Russian merchants and their caravans shall be at liberty, with all freedom and security, to traverse the territories of Djety-Shahr in proceeding to countries conterminous with that province. Caravans from Djety-Shahr shall enjoy the same advantages for passing through territories belonging to Russia.These conditions were sent from Tashkent on the 9th of April, 1872.General Von Kaufmann I., Governor-General of Turkestan, signed the treaty and attached his seal to it.In proof of his assent to these conditions, Mahomed Yakoob, Chief of Djety-Shahr, attached his seal to them at Yangy-Shahr, on the 8th of June, 1872.This treaty was negotiated by Baron Kaulbars.TREATY BETWEEN ENGLAND AND KASHGAR.Treaty between the British Government and His Highness the Ameer Mahomed Yakoob Khan, Ruler of the Territory of Kashgar and Yarkand, his heirs and successors, executed on the one part by Thomas Douglas Forsyth, C.B., in virtue of full powers conferred on him in that behalf byHisExcellency the Right Hon. Thomas George Baring, Baron Northbrook of Stratton, and a Baronet, Member of the Privy Council of Her Most Gracious Majesty the Queen of Great Britain and Ireland, Grand Master of the Most Exalted Order of the Star of India, Viceroy and Governor-General of India, in Council, and on the other part by Syud Mahomed Khan Toorah, Member of the 1st class of the Order of Medjidie, &c., in virtue of full powers conferred on him by His Highness.Whereasit is deemed desirable to confirm and strengthen the good understanding which now subsists between the high contracting parties, and to promote commercial intercourse between their respective subjects, the following Articles have been agreed upon:—Article I.The high contracting parties engage that the subjects of each shall be at liberty to enter, reside in, trade with, and pass with their merchandise and property into and through all parts of the dominions of the other; and shall enjoy in such dominions all the privileges and advantages with respect to commerce, protection or otherwise, which are, or may be, accorded to the subjects of such dominions, or to the subjects or citizens of the most favoured nation.Article II.Merchants of whatever nationality shall be at liberty to pass from the territories of the one contracting party to the territories of the other, with their merchandise and property at all times, and by any route they please; no restriction shall be placed by either contracting party upon such freedom of transit, unless for urgent political reasons to be previously communicated to the other; and such restriction shall be withdrawn as soon as the necessity for it is over.Article III.European British subjects entering the dominions of His Highness the Ameer, for purposes of trade, or otherwise, must be provided with passports certifying to their nationality. Unless provided with such passports they shall not be deemed entitled to the benefit of this treaty.Article IV.On goods imported into British India from territories of His Highness the Ameer, by any route over the Himalayanpasses, which lie to the south of His Highness's dominions, the British Government engages to levy no import duties. On goods imported from India into the territories of His Highness the Ameer, no import duty exceeding 2½ per cent.,ad valorem, shall be levied. Goods imported, as above, into the dominions of the contracting parties may, subject only to such excise regulations and duties, and to such municipal or town regulations and duties, as may be applicable to such classes of goods generally, be freely sold by wholesale or retail, and transported from one place to another within British India, and within the dominions of His Highness the Ameer respectively.Article V.Merchandise imported from India into the territories of His Highness the Ameer will not be opened for examination, till arrival at the place of consignment. If any disputes should arise as to the value of such goods, the customs officer, or other officer acting on the part of His Highness the Ameer, shall be entitled to demand part of the goods, at the rate of one in forty, in lieu of the payment of duty. If the aforesaid officer should object to levy the duty by taking a portion of the goods, or if the goods should not admit of being so divided, then the point in dispute shall be referred to two competent persons, one chosen by the aforesaid officer, and the other by the importer, and a valuation of the goods shall be made, and if the referees shall differ in opinion, they shall appoint an arbitrator whose decision shall be final, and the duty shall be levied according to the value thus established.Article VI.The British Government shall be at liberty to appoint a Representative at the Court of His Highness theAmeer, and to appoint a Commercial Agent, subordinate to him in any town or place considered suitable within His Highness's territories. His Highness the Ameer shall be at liberty to appoint a Representative with the Viceroy and Governor-General of India, and to station Commercial Agents at any places in British India considered suitable. Such Representatives shall be entitled to the rank and privileges accorded to ambassadors by the law of nations, and the Agents shall be entitled to the privileges of Consuls of the most favoured nation.Article VII.British subjects shall be at liberty to purchase, sell, or hire land, or houses, or depôts for merchandise, in the dominions of His Highness the Ameer, and the houses, depôts, or other premises of British subjects, shall not be forcibly entered or searched without the consent of the occupier, unless with the cognizance of the British Representative or Agent, and in presence of a person deputed by him.Article VIII.The following arrangements are agreed to for the decision of Civil Suits and Criminal Cases within the territories of His Highness the Ameer, in which British subjects are concerned:—(a.) Civil suits in which both plaintiff and defendant are British subjects, and Criminal Cases in which both prosecutor and accused are British subjects, or in which the accused is a European British subject, mentioned in the Third Article of this Treaty, shall be tried by the British Representative or one of his Agents,in the presence of an Agent appointed by His Highness the Ameer;(b.) Civil suits in which one party is a subject of His Highness the Ameer, and the other party a British subject, shall be tried by the Courts of His Highness, in the presence of the British Representative or one of his Agents, or of a person appointed in that behalf by such Representative or Agent;(c.) Criminal cases in which either prosecutor or accused is a subject of His Highness the Ameer shall, except as above otherwise provided, be tried by the Courts of His Highness in presence of the British Representative, or of one of his Agents, or of a person deputed by the British Representative, or by one of his Agents;(d.) Except as above otherwise provided, Civil and Criminal Cases in which one party is a British subject, and the other the subject of a foreign power, shall, if either of the parties be a Mahomedan, be tried in the Courts of His Highness; if neither party is a Mahomedan, the case may, with consent of the parties, be tried by the British Representative or one of his Agents; in the absence of such consent, by the Courts of His Highness;(e.) In any case disposed of by the Courts of His Highness the Ameer to which a British subject is party, it shall be competent to the British Representative, if he considers that justice has not been done, to represent the matter to His Highness the Ameer, who may cause the case to be re-tried in some other Court, in the presence of the British Representative, or of one of his Agents, or of a person appointed in that behalf by such Representative or Agent.Article IX.The rights and privileges enjoyed within the dominions of His Highness the Ameer by British subjects under the Treaty, shall extend to the subjects of all Princes and States in India in alliance with Her Majesty the Queen; and if, with respect to any such Prince or State, any other provisions relating to this Treaty or to other matters should be considered desirable, they shall be negotiated through the British Government.Article X.Every affidavit and other legal document filed or deposited in any Court established in the respective dominions of the high contracting parties, or in the Court of the Joint Commissioners in Ladakh, may be proved by an authenticated copy, purporting either to be sealed with the seal of the Court to which the original document belongs, or, in the event of such Court having no seal, to be signed by the Judge, or by one of the Judges of the said Court.Article XI.When a British subject dies in the territory of His Highness the Ameer his movable and immovable property situate therein shall be vested in his heir, executor, administrator, or other representative on interest or (in the absence of such representative) in the Representative of the British Government in the aforesaid territory. The person in whom such charge shall be so vested shall satisfy the claims outstanding against the deceased, and shall hold the surplus (if any) for distribution among those interested. The aboveprovisions,mutatis mutandis, shall apply to the subjects of His Highness the Ameer, who may die in British India.Article XII.If a British subject residing in the territories of His Highness the Ameer becomes unable to pay his debts or fails to pay any debt within a reasonable time after being ordered to do so by any Court of Justice, the creditors of such insolvent shall be paid out of his goods and effects; but the British Representative shall not refuse his good offices, if needs be, to ascertain if the insolvent has not left in India disposable property which might serve to satisfy the said creditors. The friendly stipulations in the present Article shall be reciprocally observed with regard to His Highness's subjects who trade in India under the protection of the laws.This treaty having this day been executed in duplicate and confirmed by His Highness the Ameer, one copy shall, for the present, be left in the possession of His Highness, and the other, after confirmation by the Viceroy and Governor-General of India, shall be delivered to His Highness within twelve months in exchange for the copy now retained by His Highness.Signed and sealed at Kashgar on the second day of February, in the year of our Lord one thousand eight hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, one thousand two hundred and ninety Hijree.(Signed)T. Douglas Forsyth,Envoy and Plenipotentiary.Whereas a Treaty for strengthening the good understanding that now exists between the British Governmentand the Ruler of the territory of Kashgar and Yarkand, and for promoting commercial intercourse between the two countries, was agreed to and concluded at Kashgar, on the second day of February, in the year of our Lord eighteen hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, twelve hundred and ninety Hijree, by the respective Plenipotentiaries of the Government of India and of His Highness the Ameer of Kashgar and Yarkand, duly accredited and empowered for that purpose: I, the Right Hon. Thomas George Baring, Baron Northbrook of Stratton, &c., &c., Viceroy and Governor-General of India, do hereby ratify and confirm the Treaty aforesaid.Given under my hand and seal at Government House, in Calcutta, this thirteenth day of April, in the year of our Lord one thousand eight hundred and seventy-four.(Signed)Northbrook.Seal.RULES FOR THE GUIDANCE OF THE JOINT COMMISSIONERS APPOINTED FOR THE NEW ROUTE TO EASTERN TURKESTAN.1. As it is impossible, owing to the character of the climate, to retain the Commissioners throughout the year, the period during which they shall exercise their authority shall be taken to commence on 15th May, and to end on 1st December.2. During the absence of either Commissioner, cases may be heard and decided by the other Commissioner, subject to appeal to the Joint Commissioners.3. In the months when the Joint Commissioners are absent,i.e.between 1st December and 15th May, all cases which may arise shall be decided by the Wuzeer of Ladakh, subject to appeal to the Joint Commissioners.4. The Joint Commissioners shall not interfere in cases other than those which affect the development, freedom, and safety of the trade, and the objects for which the Treaty is concluded, and in which one of the parties, or both, are either British subjects, or subjects of a foreign state.5. In civil disputes the Commissioners shall have power to dispose of all cases, whatever be the value of the property in litigation.6. When the Commissioners agree, their decision shall be final in all cases. When they are unable to agree, the parties shall have the right of nominating a single arbitrator, and shall bind themselves in writingto abide by his award. Should the parties not be able to agree upon a single arbitrator, each party shall name one, and the two Commissioners shall name a third, and the decision of the majority of the arbitrators shall be final.7. In criminal cases the powers of the Commissioners shall be limited to offences such as in British territory would be tried by a subordinate Magistrate of the First Class, and as far as possible the procedure of the Criminal Procedure Code shall be followed. Cases of a more heinous kind should be made over to the Maharaja for trial, if the accused be not a European British subject; in the latter case he should be forwarded to the nearest British Court of competent jurisdiction for trial.8. All fines levied in criminal cases, and all stamp receipts levied according to the rates in force for civil suits in the Maharaja's dominions, shall be credited to the Cashmere Treasury. Persons sentenced to imprisonment shall, if British subjects, be sent to the nearest British jail. If not British subjects, offenders shall be made over for imprisonment in the Maharaja's jails.9. The practice of cow-killing is strictly prohibited throughout the jurisdiction of the Maharaja.10. If any places come within the line of road from which the towns of Leh, &c., are supplied with fuel or wood for building purpose, the Joint Commissioners shall so arrange with the Wuzeer of Ladakh that those supplies are not interfered with.11. Whatever transactions take place within the limits of the road shall be considered to refer to goods in bond. If a trader opens his load, and disposes of a portion, he shall not be subject to any duty so long as the goods are not taken for consumption into the Maharaja's territory across the line of road. And goods left for any length of time in the line of road subject to the jurisdiction of the Commissioners shall be free.12. Where a village lies within the jurisdiction ofthe Joint Commissioners, then, as regards the collection of revenue, or in any case where there is necessity for the interference of the usual Revenue authorities on matters having no connection with the trade, the Joint Commissioners have no power whatever to interfere; but, to prevent misunderstanding, it is advisable that the Revenue officials should first communicate with the Joint Commissioners before proceeding to take action against any person within their jurisdiction. The Joint Commissioners can then exercise their discretion to deliver up the person sought, or to make a summary inquiry to ascertain whether their interference is necessary or not.13. The Maharaja agrees to give rupees 5,000 this year for the construction of the road and bridges, and in future years His Highness agrees to give rupees 2,000 per annum for the maintenance of the road and bridges. Similarly for the repairs of serais a sum of rupees 100 per annum for each serai will be given. Should further expenditure be necessary, the Joint Commissioners will submit a special report to the Maharaja, and ask for a special grant. This money will be expended by the Joint Commissioners, who will employ free labour at market rates for this purpose. The officers in Ladakh and in British territory shall be instructed to use their best endeavours to supply labourers on the indent of the Commissioners at market rates. No tolls shall be levied on the bridges on this line of road.14. As a temporary arrangement, and until the line of road has been demarcated, or till the end of this year, the Joint Commissioners shall exercise the powers described in these rules over the several roads taken by the traders through Ladakh from Lahoul and Spiti.(Signed)Maharaja Runbeer Singh.〃T. D. Forsyth.(These rules were agreed upon in 1872, between the Indian Government and Cashmere, for the purpose of promoting trade with Eastern Turkestan and Central Asia, which had been sanctioned by the Treaty of Commerce of 1870.)A STORY FROM KASHGAR.Mirza Mulla Rahmat, of Kashgar, who arrived at Peshawur lately, on his way to Mecca, has told what he knows about events in Kashgar. The following is his story:—In the month of Jamadi-us-sani 1294 (June-July, 1877), that Mahomed Yakoob Khan, the Badshah of Kashgar, collected a large army to fight the Chinese. He died near the town of Balisan (? Bai), and his army then recognized Hakim Khan Torah as his successor. The mullahs in Kashgar in the meantime appointed Beg Kuli Beg, Yakoob's eldest son, as their Badshah, according to Yakoob's will. Hakim Khan and the army which joined him then came to Aksu, where Beg Kuli Beg also arrived, meaning to capture the place and the person of the usurper. A battle was fought between Kuli Beg and Hakim Khan on the 26th and 27th of Rajah (27th and 28th July, 1877), and Hakim Khan was defeated. Many of the soldiers belonging to Hakim Khan's force fell in the battle, and many others were starved, and some were drowned crossing a river. Hakim Khan then went into Russian territory with 1,000 chosen soldiers. Beg Kuli Beg now seized several towns and returned to Kashgar. In the meantime Naiz Hakim Beg, the Governor of Khoten, rebelled, and Kuli Beg met him in the field, and captured Khoten. The Beg was scarcely a week at that place when he heard that the Chinese had arrived at Aksu and had taken it. An officer (Kho Dalay?) of the Chinese army who had turned Mahomedan (but subsequentlyrecanted) attacked Yangy Shahr, the capital, and, capturing it, shut himself up there. The town was then besieged by the Governor of Kashgar, and the siege continued for fifty days. Then Kuli Beg came up, and, forcing his entry into the town, took possession of it, and destroyed the fort. But on the 10th of Zillhij (16th of December) a strong Chinese force entered the country, and rapidly reconquered the possessions of the late Yakoob Khan. Beg Kuli Beg then fled with his men to Tashkent, which he reached by Mingyol Osh and Marghilan, and put himself under the protection of the Russian Governor there. Mulla Yunus Jan, the Governor of Yarkand, and his son and brother fell into the hands of Hasan Jan Bai, Ikskal (? Aksakal).The above is taken from the columns of an Indian journal, and is inserted here for the purpose of showing that the converted Chinese, or Yangy Mussulmans, did revolt from their allegiance to Yakoob Beg the instant a Khitay force appeared in Altyshahr.
Lake Lob-Noris placed in the map accompanying this volume in accordance with the explorations of Colonel Prjevalsky in 1876–77; the result of which was published in Dr. Petermann'sMittheilungenas an extra number during the spring of the present year. The accuracy of the gallant explorer in identifying Lob-Nor with his lake of Kara Koshun had not been challenged when this map was drawn, and when the following good reasons for doubting its accuracy were published on the 14th of September, it was too late to make the necessary alteration.
The quotation of Baron Ferdinand von Richthofen's strictures on Colonel Prjevalsky's lakes is taken from theAthenæumof the 14th of September, 1878:—
"It would appear that the Russian traveller Prejevalsky, in his last remarkable journey in the heart of Central Asia, did not explore Lob-Nor at all, as he claims to have done. Baron Ferdinand von Richthofen, one of the first comparative geographers of the day, has examined the account of the journey, more especially by the light of Chinese literature, and proves, almost incontestably to our thinking, that the true Lob-Nor must lie somewhere north-east of the so-called Kara Kotchun Lake discovered by Prejevalsky, and that, in all probability, it is fed by an eastern arm of the Tarim river. This, at all events, would account for the remarkablediminution in bulk undergone by the waters of that stream as they proceed southward, which could not but strike an attentive reader of the Russian explorer's narrative. We have not space to reproduce all the arguments which Von Richthofen adduces, but the more important are these:—Prejevalsky's lake was fresh, whereas Lob-Nor has been calledTheSalt Lake,par excellence, in all ages; Shaw, Forsyth, and other authorities, report that the name Lob-Nor was known in those regions, whereas Prejevalsky found no such name applied to his lake; the Chinese maps, of the accuracy of which Von Richthofen has had repeated proofs, represent Lob-Nor as lying more to the north-east, and call two lakes lying nearly in the position of those discovered by Prejevalsky, Khasomo, Khas being the Mongolian for jade, a famous product of Khotan of which mediæval traders from China went in quest, passing by these very lakesen route. Another important argument is, as we have mentioned, based on the bulk of water discharged by the Tarim at its mouth. Von Richthofen's theory presupposes that the Tarim River has altered its course, and that the main rush of water is now south-east instead of due east as formerly. The whole question is well worthy of further investigation, and it is possible that Prejevalsky, whom a recent telegram from St. Petersburg reports about to return to Central Asia, may be enabled to elucidate it. He will return to Zaissan, the Russian frontier post, and thence endeavour to make his way into Tibet by way of Barkul and Hami.
"It is, however, certain that he will encounter great, if not insuperable, obstruction, for we learn from private advices from India, that the ill-advised publication in the Chefoo Convention of the then proposed mission to Tibet has resulted in the issue of the most stringent orders to the Tibetan officials at all the various routes and passes to allow no European traveller to enter into the country on any pretext whatever."
Having stated the view of Baron Ferdinand von Richthofen, which is endorsed by the high authority of theAthenæeum, and which bears, moreover, conviction upon its face, it is but fair to give the vital portion of Colonel Prjevalsky's own description. TheGeographical Magazine, for May, 1878 Containsin extensothe report, and the sentences here quoted are from that translation.
"At a distance of fifteen versts from the smaller lake, Kara Buran, the party diverged southward to the village of Charchalyk, built about thirty years ago by outlaws from Khotan, of which there are at present 114 engaged in tilling fields for the state.... Where Charchalyk now stands, and also at the distance of two days' journey from it, are the ruins of two towns, called Ottogush-Shari (from Ottogush, a former ruler) and Gas-Shari respectively. Close to Lob-Nor (Kara Koshun) are the ruins of a third and pretty extensive town called Kune-Shari. From inquires, Prejevalsky ascertained that about 1861 or 1862 a colony of Russians numbering about 160 or 170 people, including women and children, with their pack-horses and armed with flint-lock muskets, settled on the Lower Tarim and at Charchalyk, but that they made no long stay, and soon returned to Urumchi, via Turfan.... Turning to the Lob-Nor Lake (Kara Koshun), which the travellers reached in the early days of February, it should be observed that the Tarim discharges itself first into a smaller lake (from thirty to thirty-five versts in length, and between ten and twelve versts in breadth) called Kara Buran (i.e.black storms) into which the Cherchendaria flows as well. A great part of the Kara Buran, as of Lob-Nor, is overgrow with reeds, the river flowing in its bed in the centre. The name Lob-Nor is applied by the natives to the whole lower course of the Tarim, the larger lake being called Chok-kul or Kara Koshun. This lake, or rather morass, is in the shape of an irregular ellipse running south-west and north-east.
"Its major axis is about 90 or 100 versts in length, its minor axis not more than twenty versts. This information is derived from the natives, as Prejevalsky himself explored only the southern and western end, and proceeded by boat down the river for about half the length of the lake, further progress being rendered impossible by the increasing shallowness of the water and the masses of reeds in every direction. The water itself is clear and sweet, though there are salt marshes all round the lake, and beyond them a strip of ground parallel with the present borders of the lake and overgrown with tamarisks. It is probable that this strip was formerly the periphery of the lake, and this conclusion is corroborated by the natives, who say that thirty years ago the lake was deeper."
It is clear that the true position of Lob-Nor has yet to be defined by modern exploration, but we may safely assume with theAthenæumthat Colonel Prjevalsky's Kara Koshun isnotLob-Nor. The accompanying map then, in this particular, is unfortunately erroneous.
There is every reason for believing that Lob-Nor will be found in the position assigned to it on the Chinese chart, theaccuracyof which has been so strikingly proved by the correct position given to the two lakes Khas-omo, which are identical with the Kara Koshun and Kara Bunar of Prjevalsky.
It would be most interesting to obtain a diary or other account of those Russian settlers mentioned by Prjevalsky, who entered theterra incognitaof Central Asia during the halcyon days after the signature of the Treaty of Kuldja, and just before the outbreak of the Tungan revolt. It is possible that they may have solved during their return journey to Urumtsi the enigma of Lob-Nor without knowing what they had achieved. The reader will, therefore, have the kindness to bear in mind that Lob-Nor is really (probably about three-quarters of a degree) north-east of where it is placed on the map, and that the lake represented thereis only the Kara Koshun, or Chok Kul of Colonel Prjevalsky.
The most recent information is, that Colonel Prjevalsky adheres to his view as to the position of Lob-Nor, and is preparing a reply which will be published in a few weeks from this date (October 1st).
Theplenipotentiary of His Majesty the Emperor of All the Russias, and the plenipotentiaries of His Majesty the Bogdokhan of Tatsing, hereby declare; the Governor General of Ili, and its dependent provinces, as well as his deputy, have, after consulting together, concluded in the city of Ili (Kuldja), in favour of the subjects of both empires, a Treaty of Commerce, which establishes a traffic in the cities of Ili (Kuldja), and of Tarbagatai (Chuguchak). This treaty is composed of the following articles:—
The present Treaty of Commerce, concluded in the interests of both powers, by demonstrating their mutual solicitude for the maintenance of peace between, as well as for the well-being of, their respective subjects, ought to draw still closer together those links of friendship which at the present moment unite the two Powers.
The merchants of the two Empires will regulate between themselves the interchange of commerce, and arrange the various charges at their own will, and without any extraneous pressure. On the part of Russia a consul will be appointed to superintend the affairs of all Russian subjects; and on the part of China, a functionary of the superior administration of Ili. In the event of any collision between the subjects of either Power, each of these agents will decide, in accordance with justice, the affairs of his own countrymen.
This commerce being opened in consideration of the mutual friendship of the two Powers, it will not be in contravention of existing rights on either side.
Russian merchants going either to Ili (Kuldja) or to Tarbagatai (Chuguchak) will be accompanied by a syndic (caravanbashi). When a caravan going to Ili (Kuldja) shall arrive at the Chinese picket of Borokhondjir, and when that destined for Tarbagatai (Chuguchak) shall reach the first Chinese picket, the syndic shall present to the officer of the guard the certificate of his government. The said officer, after having noted the number of men, of beasts, and of loads of merchandise, shall permit the caravan to pass, and shall furthermore cause it to be escorted from picket to picket by an officer and soldiers. During the march, all disturbance, or cause for such, shall be interdicted to soldiers and merchants alike.
In order to facilitate the task of officers and soldiers, Russian merchants shall be obliged, in virtue of the present treaty, to follow the route chosen by their body guard, both going and returning.
If, whilst Russian caravans follow their route outside the limit of the guard of Chinese soldiers, bands of brigands from the outer clans (Kirghiz) shall commit acts of pillage, of assault, or other crimes, the Chinese government shall not be required to interfere in the matter. When the caravan shall have arrived on Chinese territory, similarly also during its residence in the factories where merchandise is stored, Russian merchants must themselves guard and defend their property. They will be expected still more carefully to look after their animals when out at pasturage. If, despite all precaution, something should happen to go astray, notice of such loss must be promptly given to the Chinese official; who conjointly with the Russian consul shall trace out with all possible diligence the lost article. If traces of it are discovered, and those in a village held by Chinese subjects, and the thief be captured, the punishment shall be prompt and severe. If the thing lost be recovered, or any portion of it, it shall be restored to the person to whom it belonged.
In the event of disputes, litigations, or other trivial incidents, between the respective subjects, the Russian consul and the Chinese official, of whom mention has previously been made, shall use all their efforts to settlethe affair satisfactorily. But if, despite every effort to avoid such, a criminal case or one of general importance should arise, it shall be decided conformably with the regulations actually in force on the Kiachta frontier.
Russian merchants shall arrive each year with their merchandise between the 25th day of March and the 10th day of December (of our style, or according to the Chinese calendar between the day Tchin-ming and the day Tong-tchi); after the latter of these dates, the arrival of caravans shall cease. If the merchandise imported during that period (8½ months) should not be sold, it shall be permissible to the merchants to remain a longer space in China, in order to complete their sale; after which the consul shall take charge of their departure. It is moreover understood that Russian merchants shall not obtain an escort of officers and soldiers, neither for going nor for returning, if they have not at the least twenty camels laden with merchandise. If a merchant or the Russian consul has need for some special matter to send an express message, every facility shall be accorded him for doing so. But in order that the service of officers and soldiers should not become too onerous, there shall only be twice in the same month these extraordinary expeditions outside the line of the advanced guards.
Russian and Chinese merchants can see each other without restriction about matters of business; but Russian subjects, finding themselves in the factory under the care of the Russian consul, may not walk about in the suburbs and the streets, unless provided with a "permit" from the consul; without such permit, they must not go out of their enclosure. Whoever shallgo out without permission shall be led back to the consul, who will proceed against him according to law.
If a criminal belonging to either of the two Empires should flee to the other, he shall not be afforded sanctuary; but, on the part of each Power, the local authorities shall take the most severe measures, and make the most searching enquiries to arrest him. There shall be reciprocal extradition of fugitives of this class.
As it is to be foreseen that the Russian merchants, who shall come to China on commercial matters, will have with them carriages and beasts of burden, there shall be assigned for their use, near the city of Ili, certain places on the banks of the river Ili, and also near the city of Tarbagatai other places where there is both water and pasturage. In these encampments the Russian merchants shall confide their animals to the charge of their own people, who shall take care that neither cultivated lands nor cemeteries shall be in any case injured or desecrated. Those who may contravene this enactment shall be brought before the consul to be punished.
In the exchange of articles of merchandise between the merchants of the two Empires, nothing shall be left on credit on either side. If, notwithstanding this clause, some one should purchase his merchandise on credit, the Russian and Chinese officials shall on no account interfere, and shall admit of no complaint, even if cause for such might exist.
As Russian merchants arriving in China for commercial reasons should necessarily have special places for their warehouses, the Chinese government shall assign them, in the two commercial cities of Ili and Tarbagatai, plots of land near the bazaar, so that the Russian subjects may be able to construct there, at their own expense, dwelling-houses and factories for their wares.
The Chinese government shall not interpose obstacles in any case where Russian subjects celebrate, within their own buildings, divine service according to the rite of their religion. In case a Russian subject in China should happen to die either at Ili or at Tarbagatai, the Chinese government shall set apart an empty space outside the walls of those cities, to serve as a cemetery.
If Russian merchants should take to Ili or Tarbagatai sheep for the purpose of exchanging them, the local authorities shall take, on account of the government, two sheep out of every ten, and shall give in exchange for each sheep a piece of linen cloth (da-ba, of the legal measure); the remainder of the animals and every other kind of merchandise shall be exchanged between the merchants of the two Empires at a price mutually agreed upon, and the Chinese government shall not intermeddle in any manner whatsoever.
The ordinary official correspondence between the two Empires shall be made, on the part of the Russiangovernment, through the medium of the superior administration of Western Siberia, and under the seal of that administration; and on the part of the Chinese government through the medium, and under the seal, of the superior administration of Ili.
The present Treaty shall be authenticated by the signatures and seals of the respective plenipotentiaries. On the part of Russia there will be prepared four copies in the Russian language, signed by the plenipotentiary of Russia; on the part of China, four copies in the Mantchoo language, signed by the Chinese plenipotentiary and his adjunct. The respective plenipotentiaries will each keep a copy in the Russian language, and a copy in the Mantchoo, for the purpose of putting the treaty into execution, and to serve for constant reference. A Russian copy and a Mantchoo copy shall be sent to the directing Senate of Russia; and a copy in each language to the Chinese Tribunal for Foreign Affairs, to be there sealed and preserved after the ratification of the Treaty.
All the above articles of the present Treaty concluded by the respective plenipotentiaries of Russia and China are hereby signed and sealed. The twenty-fifth day of July, in the year 1851, in the 26th year of the reign of His Imperial Majesty the Emperor and Autocrat of All the Russias.
(Signed) Colonel in the corps of Engineers.Kovalevski.I Chan,Bovyantai.
Whereasin the interest of the high contracting parties and their respective subjects it is deemed desirable to afford greater facilities than at present exist for the development and security of trade with Eastern Turkestan, the following Articles have with this object been agreed upon:—
With the consent of the Maharaja, officers of the British Government will be appointed to survey thetrade routes through the Maharaja's territories from the British frontier of Lahoul to the territories of the Ruler of Yarkand, including the routeviâthe Chang Chemoo Valley. The Maharaja will depute an officer of his Government to accompany the surveyors, and will render them all the assistance in his power. A map of the routes surveyed will be made, an attested copy of which will be given to the Maharaja.
Whichever route towards the Chang Chemoo Valley shall, after examination and survey as above, be declared by the British Government to be the best suited for the development of trade with Eastern Turkestan shall be declared by the Maharaja to be a free highway in perpetuity, and at all times for all travellers and traders.
For the supervision and maintenance of the road in its entire length through the Maharaja's territories, the regulation of traffic on the free highway described in Article II., the enforcement of regulations that may be hereafter agreed upon, and the settlement of disputes between carriers, traders, travellers, or others using that road, in which either of the parties or both of them are subjects of the British Government or of any foreign State, two Commissioners shall be annually appointed, one by the British Government, and the other by the Maharaja. In the discharge of their duties, and as regards the period of their residence, the Commissioners shall be guided by such rules as are now separately framed, and may, from time to time, hereafter be laid down by the joint authority of the British Government and the Maharaja.
The jurisdiction of the Commissioners shall be defined by a line on each side of the road, at a maximum width of two statutekoss, except where it may be deemed by the Commissioners necessary to include a wider extent for grazing grounds. Within this maximum width the surveyors appointed under Article I. shall demarcate and map the limits of jurisdiction which may be decided on by the Commissioners as most suitable, including grazing grounds; and the jurisdiction of the Commissioners shall not extend beyond the limits so demarcated. The land included within these limits shall remain in the Maharaja's independent possession, and, subject to the stipulations contained in this Treaty, the Maharaja shall continue to possess the same rights of full sovereignty therein as in any other part of his territories, which rights shall not be interfered with in any way by the Joint Commissioners.
The Maharaja agrees to give all possible assistance in enforcing the decisions of the Commissioners, and in preventing the breach or evasion of the regulations established under Article III.
The Maharaja agrees that any person, whether a subject of the British Government, or of the Maharaja, or of the Ruler of Yarkand, or of any foreign State, may settle at any place within the jurisdiction of the Commissioners, and may provide, keep, maintain, and let for hire at different stages the means of carriage and transport for the purposes of trade.
The two Commissioners shall be empowered to establish supply depôts, and to authorize other persons to establish supply depôts, at such places on the road as may appear to them suitable; to fix the rates at which provisions shall be sold to traders, carriers, settlers, and others, and to fix the rent to be charged for the use of any rest-houses or serais that may be established on the road. The officers of the British Government in Kullu, &c., and the officers of the Maharaja in Ladakh shall be instructed to use their best endeavours to supply provisions on the indent of the Commissioners at market rates.
The Maharaja agrees to levy no transit duty whatever on the aforesaid free highway, and the Maharaja further agrees to abolish all transit duties levied within his territories on goods transmitted in bond through His Highness's territories from Eastern Turkestan to India andvice versá, on which bulk may not be broken within the territories of His Highness. On goods imported into or exported from His Highness's territory, whether by the aforesaid free highway or any other route, the Maharaja may levy such import or export duties as he may think fit.
The British Government agree to levy no duty on goods transmitted in bond through British India to Eastern Turkestan or to the territories of His Highness the Maharaja. The British Government further agree to abolish the export duties now levied on shawls and other textile fabrics manufactured in the territories ofthe Maharaja, and exported to countries beyond the limits of British India.
This Treaty, consisting of ten Articles, has this day been concluded by Thomas Douglas Forsyth, C.B., in virtue of the full powers vested in him by His Excellency the Right Honourable Richard Southwell Bourke, Earl of Mayo, Viscount Mayo, of Monycrower, Baron Naas of Naas, K.P., G.M.S.I., P.C., &c., &c., Viceroy and Governor-General of India, on the part of the British Government, and by the Maharaja Runbeer Singh aforesaid; and it is agreed that a copy of this Treaty, duly ratified by His Excellency the Viceroy and Governor-General of India, shall be delivered to the Maharaja on or before the 7th of September, 1870. Signed, sealed, and exchanged at Sealkote on the second day of April, in the year of our Lord one thousand eight hundred and seventy, corresponding with the 22nd day of Bysack Sumbut, 1927.
Signature of the Maharaja of Cashmere.
(Signed)T. D. Forsyth,Mayo.
This Treaty was ratified by His Excellency the Viceroy and Governor-General of India at Sealkote on the 2nd day of May, 1870.
(Signed)C. U. Aitchison,Officiating Secretary to the Governmentof India, Foreign Department.
AllRussian subjects, of whatsoever religion, shall have the right to proceed for purposes of trade to Djety-Shahr, and to all the localities and towns subjected to the Chief of Djety-Shahr, which they may desire to visit in the same way as the inhabitants of Djety-Shahr have hitherto been, and shall be in the future, entitled to prosecute trade throughout the entire extent of the Russian Empire. The honourable chief of Djety-Shahr undertakes to keep a vigilant guard over the complete safety of Russian subjects, within the limits of his territorial possessions, and also over that of their caravans, and in general over everything that may belong to them.
Russian merchants shall be entitled to have caravanserais, in which they alone shall be able to store their merchandise, in all the towns of Djety-Shahr in which they may desire to have them. The merchants of Djety-Shahr shall enjoy the same privilege in the Russian villages.
Russian merchants shall, if they desire it, have the right to have commercial agents (caravanbashis) in all the towns of Djety-Shahr, whose business it is to watch over the regular courts of trade, and over the legal imposition of customs dues. The merchants of Djety-Shahr shall enjoy the same privilege in the towns of Turkestan.
All merchandise transported from Russia to Djety-Shahr, or from that province into Russia, shall be liable to a tax of 2½ per cent.ad valorem. In every case this tax shall not exceed the rate of the tax taken from Mussulmans being subject to Djety-Shahr.
Russian merchants and their caravans shall be at liberty, with all freedom and security, to traverse the territories of Djety-Shahr in proceeding to countries conterminous with that province. Caravans from Djety-Shahr shall enjoy the same advantages for passing through territories belonging to Russia.
These conditions were sent from Tashkent on the 9th of April, 1872.
General Von Kaufmann I., Governor-General of Turkestan, signed the treaty and attached his seal to it.
In proof of his assent to these conditions, Mahomed Yakoob, Chief of Djety-Shahr, attached his seal to them at Yangy-Shahr, on the 8th of June, 1872.
This treaty was negotiated by Baron Kaulbars.
Whereasit is deemed desirable to confirm and strengthen the good understanding which now subsists between the high contracting parties, and to promote commercial intercourse between their respective subjects, the following Articles have been agreed upon:—
The high contracting parties engage that the subjects of each shall be at liberty to enter, reside in, trade with, and pass with their merchandise and property into and through all parts of the dominions of the other; and shall enjoy in such dominions all the privileges and advantages with respect to commerce, protection or otherwise, which are, or may be, accorded to the subjects of such dominions, or to the subjects or citizens of the most favoured nation.
Merchants of whatever nationality shall be at liberty to pass from the territories of the one contracting party to the territories of the other, with their merchandise and property at all times, and by any route they please; no restriction shall be placed by either contracting party upon such freedom of transit, unless for urgent political reasons to be previously communicated to the other; and such restriction shall be withdrawn as soon as the necessity for it is over.
European British subjects entering the dominions of His Highness the Ameer, for purposes of trade, or otherwise, must be provided with passports certifying to their nationality. Unless provided with such passports they shall not be deemed entitled to the benefit of this treaty.
On goods imported into British India from territories of His Highness the Ameer, by any route over the Himalayanpasses, which lie to the south of His Highness's dominions, the British Government engages to levy no import duties. On goods imported from India into the territories of His Highness the Ameer, no import duty exceeding 2½ per cent.,ad valorem, shall be levied. Goods imported, as above, into the dominions of the contracting parties may, subject only to such excise regulations and duties, and to such municipal or town regulations and duties, as may be applicable to such classes of goods generally, be freely sold by wholesale or retail, and transported from one place to another within British India, and within the dominions of His Highness the Ameer respectively.
Merchandise imported from India into the territories of His Highness the Ameer will not be opened for examination, till arrival at the place of consignment. If any disputes should arise as to the value of such goods, the customs officer, or other officer acting on the part of His Highness the Ameer, shall be entitled to demand part of the goods, at the rate of one in forty, in lieu of the payment of duty. If the aforesaid officer should object to levy the duty by taking a portion of the goods, or if the goods should not admit of being so divided, then the point in dispute shall be referred to two competent persons, one chosen by the aforesaid officer, and the other by the importer, and a valuation of the goods shall be made, and if the referees shall differ in opinion, they shall appoint an arbitrator whose decision shall be final, and the duty shall be levied according to the value thus established.
The British Government shall be at liberty to appoint a Representative at the Court of His Highness theAmeer, and to appoint a Commercial Agent, subordinate to him in any town or place considered suitable within His Highness's territories. His Highness the Ameer shall be at liberty to appoint a Representative with the Viceroy and Governor-General of India, and to station Commercial Agents at any places in British India considered suitable. Such Representatives shall be entitled to the rank and privileges accorded to ambassadors by the law of nations, and the Agents shall be entitled to the privileges of Consuls of the most favoured nation.
British subjects shall be at liberty to purchase, sell, or hire land, or houses, or depôts for merchandise, in the dominions of His Highness the Ameer, and the houses, depôts, or other premises of British subjects, shall not be forcibly entered or searched without the consent of the occupier, unless with the cognizance of the British Representative or Agent, and in presence of a person deputed by him.
The following arrangements are agreed to for the decision of Civil Suits and Criminal Cases within the territories of His Highness the Ameer, in which British subjects are concerned:—
(a.) Civil suits in which both plaintiff and defendant are British subjects, and Criminal Cases in which both prosecutor and accused are British subjects, or in which the accused is a European British subject, mentioned in the Third Article of this Treaty, shall be tried by the British Representative or one of his Agents,in the presence of an Agent appointed by His Highness the Ameer;(b.) Civil suits in which one party is a subject of His Highness the Ameer, and the other party a British subject, shall be tried by the Courts of His Highness, in the presence of the British Representative or one of his Agents, or of a person appointed in that behalf by such Representative or Agent;(c.) Criminal cases in which either prosecutor or accused is a subject of His Highness the Ameer shall, except as above otherwise provided, be tried by the Courts of His Highness in presence of the British Representative, or of one of his Agents, or of a person deputed by the British Representative, or by one of his Agents;(d.) Except as above otherwise provided, Civil and Criminal Cases in which one party is a British subject, and the other the subject of a foreign power, shall, if either of the parties be a Mahomedan, be tried in the Courts of His Highness; if neither party is a Mahomedan, the case may, with consent of the parties, be tried by the British Representative or one of his Agents; in the absence of such consent, by the Courts of His Highness;(e.) In any case disposed of by the Courts of His Highness the Ameer to which a British subject is party, it shall be competent to the British Representative, if he considers that justice has not been done, to represent the matter to His Highness the Ameer, who may cause the case to be re-tried in some other Court, in the presence of the British Representative, or of one of his Agents, or of a person appointed in that behalf by such Representative or Agent.
(a.) Civil suits in which both plaintiff and defendant are British subjects, and Criminal Cases in which both prosecutor and accused are British subjects, or in which the accused is a European British subject, mentioned in the Third Article of this Treaty, shall be tried by the British Representative or one of his Agents,in the presence of an Agent appointed by His Highness the Ameer;
(b.) Civil suits in which one party is a subject of His Highness the Ameer, and the other party a British subject, shall be tried by the Courts of His Highness, in the presence of the British Representative or one of his Agents, or of a person appointed in that behalf by such Representative or Agent;
(c.) Criminal cases in which either prosecutor or accused is a subject of His Highness the Ameer shall, except as above otherwise provided, be tried by the Courts of His Highness in presence of the British Representative, or of one of his Agents, or of a person deputed by the British Representative, or by one of his Agents;
(d.) Except as above otherwise provided, Civil and Criminal Cases in which one party is a British subject, and the other the subject of a foreign power, shall, if either of the parties be a Mahomedan, be tried in the Courts of His Highness; if neither party is a Mahomedan, the case may, with consent of the parties, be tried by the British Representative or one of his Agents; in the absence of such consent, by the Courts of His Highness;
(e.) In any case disposed of by the Courts of His Highness the Ameer to which a British subject is party, it shall be competent to the British Representative, if he considers that justice has not been done, to represent the matter to His Highness the Ameer, who may cause the case to be re-tried in some other Court, in the presence of the British Representative, or of one of his Agents, or of a person appointed in that behalf by such Representative or Agent.
The rights and privileges enjoyed within the dominions of His Highness the Ameer by British subjects under the Treaty, shall extend to the subjects of all Princes and States in India in alliance with Her Majesty the Queen; and if, with respect to any such Prince or State, any other provisions relating to this Treaty or to other matters should be considered desirable, they shall be negotiated through the British Government.
Every affidavit and other legal document filed or deposited in any Court established in the respective dominions of the high contracting parties, or in the Court of the Joint Commissioners in Ladakh, may be proved by an authenticated copy, purporting either to be sealed with the seal of the Court to which the original document belongs, or, in the event of such Court having no seal, to be signed by the Judge, or by one of the Judges of the said Court.
When a British subject dies in the territory of His Highness the Ameer his movable and immovable property situate therein shall be vested in his heir, executor, administrator, or other representative on interest or (in the absence of such representative) in the Representative of the British Government in the aforesaid territory. The person in whom such charge shall be so vested shall satisfy the claims outstanding against the deceased, and shall hold the surplus (if any) for distribution among those interested. The aboveprovisions,mutatis mutandis, shall apply to the subjects of His Highness the Ameer, who may die in British India.
If a British subject residing in the territories of His Highness the Ameer becomes unable to pay his debts or fails to pay any debt within a reasonable time after being ordered to do so by any Court of Justice, the creditors of such insolvent shall be paid out of his goods and effects; but the British Representative shall not refuse his good offices, if needs be, to ascertain if the insolvent has not left in India disposable property which might serve to satisfy the said creditors. The friendly stipulations in the present Article shall be reciprocally observed with regard to His Highness's subjects who trade in India under the protection of the laws.
This treaty having this day been executed in duplicate and confirmed by His Highness the Ameer, one copy shall, for the present, be left in the possession of His Highness, and the other, after confirmation by the Viceroy and Governor-General of India, shall be delivered to His Highness within twelve months in exchange for the copy now retained by His Highness.
Signed and sealed at Kashgar on the second day of February, in the year of our Lord one thousand eight hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, one thousand two hundred and ninety Hijree.
(Signed)T. Douglas Forsyth,Envoy and Plenipotentiary.
Whereas a Treaty for strengthening the good understanding that now exists between the British Governmentand the Ruler of the territory of Kashgar and Yarkand, and for promoting commercial intercourse between the two countries, was agreed to and concluded at Kashgar, on the second day of February, in the year of our Lord eighteen hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, twelve hundred and ninety Hijree, by the respective Plenipotentiaries of the Government of India and of His Highness the Ameer of Kashgar and Yarkand, duly accredited and empowered for that purpose: I, the Right Hon. Thomas George Baring, Baron Northbrook of Stratton, &c., &c., Viceroy and Governor-General of India, do hereby ratify and confirm the Treaty aforesaid.
Given under my hand and seal at Government House, in Calcutta, this thirteenth day of April, in the year of our Lord one thousand eight hundred and seventy-four.
(Signed)Northbrook.
Seal.
Seal.
1. As it is impossible, owing to the character of the climate, to retain the Commissioners throughout the year, the period during which they shall exercise their authority shall be taken to commence on 15th May, and to end on 1st December.
2. During the absence of either Commissioner, cases may be heard and decided by the other Commissioner, subject to appeal to the Joint Commissioners.
3. In the months when the Joint Commissioners are absent,i.e.between 1st December and 15th May, all cases which may arise shall be decided by the Wuzeer of Ladakh, subject to appeal to the Joint Commissioners.
4. The Joint Commissioners shall not interfere in cases other than those which affect the development, freedom, and safety of the trade, and the objects for which the Treaty is concluded, and in which one of the parties, or both, are either British subjects, or subjects of a foreign state.
5. In civil disputes the Commissioners shall have power to dispose of all cases, whatever be the value of the property in litigation.
6. When the Commissioners agree, their decision shall be final in all cases. When they are unable to agree, the parties shall have the right of nominating a single arbitrator, and shall bind themselves in writingto abide by his award. Should the parties not be able to agree upon a single arbitrator, each party shall name one, and the two Commissioners shall name a third, and the decision of the majority of the arbitrators shall be final.
7. In criminal cases the powers of the Commissioners shall be limited to offences such as in British territory would be tried by a subordinate Magistrate of the First Class, and as far as possible the procedure of the Criminal Procedure Code shall be followed. Cases of a more heinous kind should be made over to the Maharaja for trial, if the accused be not a European British subject; in the latter case he should be forwarded to the nearest British Court of competent jurisdiction for trial.
8. All fines levied in criminal cases, and all stamp receipts levied according to the rates in force for civil suits in the Maharaja's dominions, shall be credited to the Cashmere Treasury. Persons sentenced to imprisonment shall, if British subjects, be sent to the nearest British jail. If not British subjects, offenders shall be made over for imprisonment in the Maharaja's jails.
9. The practice of cow-killing is strictly prohibited throughout the jurisdiction of the Maharaja.
10. If any places come within the line of road from which the towns of Leh, &c., are supplied with fuel or wood for building purpose, the Joint Commissioners shall so arrange with the Wuzeer of Ladakh that those supplies are not interfered with.
11. Whatever transactions take place within the limits of the road shall be considered to refer to goods in bond. If a trader opens his load, and disposes of a portion, he shall not be subject to any duty so long as the goods are not taken for consumption into the Maharaja's territory across the line of road. And goods left for any length of time in the line of road subject to the jurisdiction of the Commissioners shall be free.
12. Where a village lies within the jurisdiction ofthe Joint Commissioners, then, as regards the collection of revenue, or in any case where there is necessity for the interference of the usual Revenue authorities on matters having no connection with the trade, the Joint Commissioners have no power whatever to interfere; but, to prevent misunderstanding, it is advisable that the Revenue officials should first communicate with the Joint Commissioners before proceeding to take action against any person within their jurisdiction. The Joint Commissioners can then exercise their discretion to deliver up the person sought, or to make a summary inquiry to ascertain whether their interference is necessary or not.
13. The Maharaja agrees to give rupees 5,000 this year for the construction of the road and bridges, and in future years His Highness agrees to give rupees 2,000 per annum for the maintenance of the road and bridges. Similarly for the repairs of serais a sum of rupees 100 per annum for each serai will be given. Should further expenditure be necessary, the Joint Commissioners will submit a special report to the Maharaja, and ask for a special grant. This money will be expended by the Joint Commissioners, who will employ free labour at market rates for this purpose. The officers in Ladakh and in British territory shall be instructed to use their best endeavours to supply labourers on the indent of the Commissioners at market rates. No tolls shall be levied on the bridges on this line of road.
14. As a temporary arrangement, and until the line of road has been demarcated, or till the end of this year, the Joint Commissioners shall exercise the powers described in these rules over the several roads taken by the traders through Ladakh from Lahoul and Spiti.
(Signed)Maharaja Runbeer Singh.〃T. D. Forsyth.
(These rules were agreed upon in 1872, between the Indian Government and Cashmere, for the purpose of promoting trade with Eastern Turkestan and Central Asia, which had been sanctioned by the Treaty of Commerce of 1870.)
Mirza Mulla Rahmat, of Kashgar, who arrived at Peshawur lately, on his way to Mecca, has told what he knows about events in Kashgar. The following is his story:—In the month of Jamadi-us-sani 1294 (June-July, 1877), that Mahomed Yakoob Khan, the Badshah of Kashgar, collected a large army to fight the Chinese. He died near the town of Balisan (? Bai), and his army then recognized Hakim Khan Torah as his successor. The mullahs in Kashgar in the meantime appointed Beg Kuli Beg, Yakoob's eldest son, as their Badshah, according to Yakoob's will. Hakim Khan and the army which joined him then came to Aksu, where Beg Kuli Beg also arrived, meaning to capture the place and the person of the usurper. A battle was fought between Kuli Beg and Hakim Khan on the 26th and 27th of Rajah (27th and 28th July, 1877), and Hakim Khan was defeated. Many of the soldiers belonging to Hakim Khan's force fell in the battle, and many others were starved, and some were drowned crossing a river. Hakim Khan then went into Russian territory with 1,000 chosen soldiers. Beg Kuli Beg now seized several towns and returned to Kashgar. In the meantime Naiz Hakim Beg, the Governor of Khoten, rebelled, and Kuli Beg met him in the field, and captured Khoten. The Beg was scarcely a week at that place when he heard that the Chinese had arrived at Aksu and had taken it. An officer (Kho Dalay?) of the Chinese army who had turned Mahomedan (but subsequentlyrecanted) attacked Yangy Shahr, the capital, and, capturing it, shut himself up there. The town was then besieged by the Governor of Kashgar, and the siege continued for fifty days. Then Kuli Beg came up, and, forcing his entry into the town, took possession of it, and destroyed the fort. But on the 10th of Zillhij (16th of December) a strong Chinese force entered the country, and rapidly reconquered the possessions of the late Yakoob Khan. Beg Kuli Beg then fled with his men to Tashkent, which he reached by Mingyol Osh and Marghilan, and put himself under the protection of the Russian Governor there. Mulla Yunus Jan, the Governor of Yarkand, and his son and brother fell into the hands of Hasan Jan Bai, Ikskal (? Aksakal).
The above is taken from the columns of an Indian journal, and is inserted here for the purpose of showing that the converted Chinese, or Yangy Mussulmans, did revolt from their allegiance to Yakoob Beg the instant a Khitay force appeared in Altyshahr.