No. 122.
Mr. Cheng Tsao Ju
to Mr. Bayard.
Chinese
Legation,
Washington, D.
C., April 25, 1885.
(Received April 27.)
Sir: I have the honor to acknowledge the
receipt of your note of the 24th instant, informing me that in
compliance with an act of Congress, approved March 3, 1884, directing
the President to pay to the Chinese Government the sum of $583,400.90
out of the residue of the indemnity received by the United States from
China in pursuance of the claims convention of 1858, first deducting the
sum of $130,000 to satisfy the claims of the executors of Charles E.
Hill for the use and loss of the steamer Keorgeor, the President desired
you to pay over to China the sum of $453,400.90, being the remainder of
the sum of $583,400.90, and that you send by one of the officers of your
Department a draft duly in dorsed to my order for the amount.
I have the honor to state further that on yesterday the officer
designated handed to me the draft above mentioned, together with the two
receipts of the executors of Charles E. Hill, and that I officially
executed receipts for the sum refunded to China, and returned one to you
by the officer authorized to witness their execution.
[Page 183]
I shall report to ray Government an account of this transaction, and
procure from it a receipt for the sum paid over to me, which I will
forward to you when received.
I take great pleasure, Mr. Secretary, in expressing to you my thanks for
your courtesy and kindness in this matter. This generous return of the
balance of the indemnity fund by the United States to China cannot fail
to elicit feelings of kindness and admiration on the part of the
Government of China towards that of the United States, and thus the
friendly relations so long existing between the two countries will be
strengthened.
Accept, sir, &c.,
receipt on behalf of china.
I, the undersigned, envoy extraordinary and minister plenipotentiary
of his Imperial Majesty, the Emperor of China, do hereby acknowledge
to have received, on this 24th day of April, A. D. 1885, in the name
and on account of the Imperial Government of China, from the Hon.
Thomas F. Bayard, Secretary of State of the United States of
America, a draft drawn by Messrs. Riggs & Co., of Washington, D.
C., on the Bank of America, of New York, in favor of the Secretary
of State of the United States, and by him duly indorsed to my order,
for the sum of $453,400.90, in lawful money of the United States of
America, it being well understood that this payment by the Secretary
of State to me as the representative of the Chinese Government is in
full and due execution by the President of the United States, in so
far as the Government of China is concerned, of the provisions of
the act of Congress approved March 3, 1885, which is word for word
as follows:
“AN ACT relative to the Chinese indemnity
fund.
“Be it enacted by the Senate and House of
Representatives of the United States of America in
Congress assembled, That the President be, and he
is hereby, authorized and directed to cause the residue of
the indemnity received from China, which is now in the
custody of the Secretary of State, and is known and
designated in the accounts and reports of the Department of
State as the Chinese indemnity fund, to be converted into
coin, and the sum of five hundred and eighty-three thousand
four hundred dollars and ninety cents be returned to the
Chinese Government, and the balance of said fund, if any, be
covered into the Treasury of the United States: Provided, That before the payment to
China the Secretary of State shall pay from said fund to the
executors of Charles E. Hill the sum of $130,000, upon
receipt of a release in full for all claims upon China for
the use and loss of the steamer Keorjeor, in or about the
year eighteen hundred and sixty-three.
“Approved March 3d, 1885.”
And proof having been produced before me that in compliance with one
of the provisions of said act, the Secretary of State of the United
States has paid to the executors of Charles E. Hill the sum of
$130,000 upon receipt of a release in full for all claims upon China
for the use and loss of the steamer Keorgeor in or about the year
1883, I hereby ratify the action of the Secretary of State in making
such payment, and, furthermore, in consideration of the sum of
$453,400.90, the receipt of which I have above acknowledged, I do,
in the name of my Government, by these presents, remise, release,
and forever quit-claim and discharge the Government of the United
States from all claim or demand whatsoever for or on account of any
pecuniary rights which China may have acquired by virtue of the act
of Congress aforesaid, and the transactions referred to therein, and
I undertake to procure for the Government of the United States, from
the minister for foreign affairs of China, a receipt and quittance
similar in substance and effect to these presents.
In witness whereof I have hereunto set
my hand and affixed the official seal of my legation, at the
city of Washington, D. C., this 24th day of
April, A. D. 1885.
[
seal.]
CHENG TSAO
JU,
Envoy Extraordinary and Minister
Plenipotentiary Of H. I. Chinese Majesty to the United
States.
I hereby certify that Cheng Tsao Ju, known to me to be the envoy
extraordinary and minister plenipotentiary of China to the
United States, executed the above instrument in my presence this
24th day of April, A. D. 1885.
SEVELLON A. BROWN,
Chief
Clerk, Department of State.
[Page 184]
receipt of the executors of charles e.
hill.
Know all men by these presents:
Whereas, by an act of Congress approved March 3, 1885, entitled “An
act relative to the Chinese indemnity fund,” it was, among other
things, enacted that the Secretary of State should pay from said
fund to the executors of Charles E. Hill the sum of $130,000, upon
receipt of a release in full for all claims upon China for the use
and loss of the steamer Keorgeor, in or about 1863; and
Whereas, the undersigned, Josiah H. Drummond, jr., of Portland, Me.,
and Horatio N. Twombly, of New York City, are the duly appointed and
qualified executors of the said Charles E. Hill, deceased, in said
act mentioned, as by a certified copy of the letters testamentary to
them issued, filed in the Department of State of the United States,
will fully appear:
Now, therefore, know all men by these presents, that we, the
undersigned, executors as aforesaid of the said Charles E. Hill,
deceased, do hereby acknowledge to have received from the Secretary
of State of the United States the sum of $130,000, paid by a check
dated March 25, 1885, and drawn by the disbursing clerk of the
Department of State, on Messrs. Riggs & Co., of Washington, D.
C., in favor of Horatio N. Twombly and Josiah H. Drummond, jr.,
executors, for $26,000, and a draft drawn by Messrs. Riggs &
Co., of Washington, D. C., dated March 25, 1885, on the Bank of
America of New York City in favor of Horatio N. Twombly and Josiah
H. Drummond, jr., executors, for $104,000, and that as such
executors as aforesaid of the said Charles E. Hill we have remised,
released, and forever discharged, and do by these presents remise,
release, and forever discharge the Empire of China, and also the
United States of America, of and from all claim or demand
whatsoever, whether of the said Charles E. Hill, deceased, or of his
estate, or of us as his executors, for or on account of the use and
loss of the steamer Keorgeor, in or about the year 1863.
Witness our hands and seals at the city
of Washington, D. C., this 25th day of
March, A. D. 1885.
[
seal.]
JOSIAH H.
DRUMMOND
,
[
seal.]
HORATIO N. TWOMBLY,
Executors of
the last will and testament of Charles E. Rill,
deceased.
Witnesses:
John J. Chew
,
Henry L. Bryan.
City of
Washington,
District of Columbia,
ss:
On this 25th day of March, A. D. 1885, before me, John J. Chew, a
notary public in and for the city and district aforesaid,
personally appeared Josiah H. Drummond, jr., and Horatio N.
Twombly, to me known to be the individuals who severally
executed the within instrument, and each acknowledged the same
to be his free act and deed.
In witness whereof I have hereunto set my hand and affixed my
official seal the day and year last above written.
[
seal.]
JOHN J.
CHEW,
Notary
Public.
