Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, with the Annual Message of the President, December 6, 1875, Volume I
No. 129.
Mr. Avery
to Mr. Fish.
Peking, November 12, 1874. (Received January 28, 1875.)
Sir: I have the honor to inclose herewith (inclosure 1) a translation of a communication from Prince Kung, under date of November 6, giving the terms of the agreement lately effected between China and Japan, which is referred to in my No. 3 and Mr. Williams’s No. 70, both sent by this mail, together with a copy of my reply to Prince Kung, (inclosure 2.) There is a feeling of relief here that all danger of host lilies growing out of the Formosa trouble is now happily ended. I trust that the course of this legation in contributing to this result will meet your approval.
I have, &c.,
Prince Kung to Mr. Avery.
Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication.
It being well known that the Japanese government had taken a military force to that part of Formosa occupied by the aborigines, and as the first article of the American treaty of 1857 contains a stipulation “that, if another nation should act unjustly or oppressively, the United States, on being informed of the case, will exert their good office; to bring about an amicable arrangement of the question, thus showing their friendly feelings,” it was in accordance with its spirit that the foreign office last August transmitted to Mr. Williams a copy of the correspondence which had then passed between this government and the Japanese ministers. An arrangement having now been effected with the Japanese, involving the withdrawal of their troops and settlement of the affair, it has been decided to regard all the documents which have passed [Page 222] between us in relation to this affair as non avenu, recalling and canceling them all, so that hereafter they may not be quoted as valid or as a precedent.
Seeing that the territory occupied by the aborigines in Formosa, the subdued as well as the savage, all equally forms part of His Majesty’s dominions, it is, of course, incumbent oh this government to take measures to restrain those people, and prevent them from ever again injuring or killing mariners who may be cast among them. By this means friendly relations will be confirmed between us.
I have now the honor to inclose a copy of the articles of agreement and the stipulations about the payments, for your excellency’s information, and shall be gratified to receive your early reply.
To His Excellency Benjamin P. Avery,
United States Minister.
The following preamble and articles of agreement having been carefully discussed and assented to, copies of them have been exchanged as evidence [of the terms of settlement.]
As the people of every country are bound to protect others within its borders, and see that they suffer no injury, it is consequently obligatory on each country to take such measures as will secure this protection; and if wrongs have been suffered, the country which has the grievance should look to the other for redress. Now, therefore, seeing that the aborigines of Formosa had destroyed and barbarously injured certain people under the protection of Japan, it was the purpose of that government to call them to account for these acts, and to this end they dispatched troops to that region to punish them and bring them to order. The whole matter having now been fully discussed with the Chinese government, the three following stipulations, relating to the withdrawal of the troops and the manner of preventing like outrages in future, have been agreed upon by the two parties.
- I.
- As Japan had in view the protection of her subjects in all that she has now done, [in Formosa,] China does not regard those acts as wrong.
- II.
- China binds herself to pay an indemnity to the families of the sufferers; and, as she desires to retain the improvements made there in opening roads, erecting houses, and in other things done there, she hereby agrees beforehand that she will pay a sum to recoup this outlay, the amount to be hereafter determined upon.
- III.
- All the documents which have passed between the two parties in relation to this-affair are hereby recalled and canceled, so that they may not hereafter be quoted as precedent. China will take every proper measure to restrain the aborigines of that region, so that hereafter no injuiries shall be suffered by unhappy mariners who may be cast ashore among them.
Terms in relation to indemnity for the Formosan outrages.
His excellency T. F. Wade, her Britannic Majesty’s minister, having now clearly stated all the points at issue between our two countries, the following stipulations for the payments have been signed and copies exchanged this day:
China will first pay 100,000 taels to Japan, as indemnity to the families of the men who were killed in Formosa. She will farther pay 400,000 taels to Japan when the troops now in Formosa have been withdrawn, and take possession of the roads opened, houses erected, and other things done there. The money for the last will be all paid on the 20th of December next, on which day the troops will all leave, each party fulfilling his own part without fail. If Japan does not withdraw all her troops on that day, the money will not all be paid up. A copy of this agreement has been signed by each party, in testimony of its adoption.
Mr. Avery to Prince Kung.
Peking, November 10, 1874.
Sir: I have the honor to acknowledge your communication of the 6th instant, informing me that in August last you had forwarded to Mr. Williams a copy of the correspondence which had then passed between the imperial government and the Japanese [Page 223] relative to the Formosan affair, trusting to the good offices of the United States for help in the matter, in accordance with the friendly assurance in the American treaty of 1857; and also informing me that an amicable arrangement has now been made with Japan whereby that nation formally recognizes the sovereignty of China over the whole of Formosa and agrees to withdraw her troops therefrom, China admitting on her part that Japan was justified in seeking to punish the savages, and agreeing to make compensation for the wrongs inflicted by the latter, and for the roads, buildings, and other works made by Japan on the island. You had a right to expect the friendly offices of the United States, and it gives me pleasure to state that they have been exerted, both here and in Japan, by the representatives of my Government, in the way of preventing our citizens from engaging in warlike operations against a nation with which we are at peace; in advising against any invasion of the sovereignty of China; and inlending support to proposals for a peaceful settlement on a basis alike honorable and just.
It is with sincere satisfaction that I have read the terms of settlement with Japan, which are inclosed in your highness’s communication, and which prove the readiness of the imperial government to concede all that was just when assured that the territorial rights of China would be respected. The admission made in the preamble that “it is incumbent on this government to take measures to restrain the Formosan savages and prevent them from ever again killing or injuring mariners cast among them,” is only a righteous recognition of the duties of sovereignty and humanity, and is no more than China can honorably admit or than other great nations admit and practice. It is a natural sequence of this that a country suffering wrongs from any failure on the part of another to restrain its savage subjects “should look to the other for redress, China affords this redress in the case of Japan by allowing a money compensation.. The whole settlement, therefore, comports with the obligations and dignity of the imperial government. Doubtless, the efforts that will hereafter be made to subdue the Formosan savages will lead to such a development of the resources of the island and such an increase of commerce as will redound largely to the profit of the Chinese people and government.
In conclusion, allow me to congratulate your highness that the danger of war on this subject has been so happily averted, and that the imperial government is free to study how it may advance the peaceful progress of China.
I have the honor to be, sir, your imperial highness’s obedient servant,
His Imperial Highness Prince Kung, &c., &c., &c.