Mr. Rockhill to Mr. Hay.

No. 85.]

Sir: On the 9th instant the diplomatic corps held a meeting in which the inclosed letter from the Chinese plenipotentiaries concerning modification of Court ceremonial as regards reception of foreign ministers was read and an answer agreed upon.

In my dispatch No. 69, of April 16, 1901, I inclosed translation of a letter from Field Marshal Count von Waldersee concerning the military measures necessary to carrying out Articles VIII and IX of the Joint Note and of the reply made to it by the diplomatic corps. This reply was met by another letter from the field Marshal, dated April 29. The diplomatic corps considered to-day the advisability of making a reply to it, and decided to defer doing so, after a prolonged discussion of the question. The military authorities, as is shown by the letter of the marshal, which I inclose, are desirous of separating the question of the presentation of the indemnity claim from that of the guarantees for its payment to be given by China, and think that the evacuation should only commence after the first demand has been made. The diplomatic corps is of opinion, however, that the two questions should not be separated. In the rather desultory discussion which was had on this letter of the field marshal it developed that the majority of the ministers were of opinion that reduction of the forces should be made at once and that the Chinese authorities should be more and more associated in the local administration. The French minister is particularly active in urging this view, in which I availed myself of every opportunity to express my hearty concurrence.

On the 11th instant the diplomatic corps held another meeting for the consideration of questions connected with the Provisional Government at Tientsin and the so-called diplomatic quarter of this city. In connection with the latter subject, the French minister asked that a categorical answer should be given by all present, whether they accepted or not the creation of a glaçis around the diplomatic quarter, which had been strongly advocated by the military commission in its report, copy of which was sent you in Mr. Conger’s No. 536, of February 16 last. The British minister and I said that we were in the impossibility of agreeing to it; that the whole subject had been referred to our Governments. Pending the receipt of instructions, each legation could do, within the ground which it occupied, whatever it pleased. The French and German ministers are particularly interested in the question, as on part of the ground which they wish to convert into a glaçis American citizens (Mr. Lowry and Dr. Coltman) hold property which they now want to improve. I was asked if I could not prevent them taking any steps in this direction until the question of the glacis had been finally settled. This I declined to do, stating that I could in no way restrict the rights of American property owners in China.

In my dispatch No. 36, of March 7, I referred to a resolution of the diplomatic corps of November 6 of last year, sent to you by Mr. Conger on the 4th of March, in his dispatch No. 558. This resolution having again come up before the diplomatic corps in connection with property owned by American citizens in this quarter, I informed my colleagues that pending receipt of categorical instructions from you I refused to consider myself in any way bound by its terms; that Mr. Conger had agreed to it subject to the approval of his Government [Page 161] this approval not having as yet been given, I did not propose to inquire into the property titles of any American citizen here, whether any had acquired property since the 20th of June of last year or not. This question is an important one, and may give rise to frequent misunderstandings. I beg that I may be instructed on the subject, as I requested in my dispatch of March 7.

A letter from the Chinese plenipotentiaries, making objection to carrying out the provisions of the Joint Note concerning the suspension of examinations in the cities and towns where foreigners had been murdered or cruelly treated, was also read to the diplomatic corps, and an answer was agreed upon. I inclose translation of both these papers.

The conservancy of the Whangpu River is one of the questions which interest most deeply the mercantile community of Shanghai, and the present moment appearing opportune for having this much-needed work undertaken and a Conservancy Board created, the diplomatic corps, in its meeting of the 9th, appointed a commission, composed of the French, German, and British ministers and myself, to report on the question and recommend a plan for carrying it out. I have good hope that this most important undertaking for foreign trade will be promptly put in the way of final settlement.

I have, etc.,

W. W. Rockhill.

Prince Ching and Li Hung-chang to M. de Cologan.

[Translation.]

Your Excellency: On the 18th of April we had the honor to receive a communication from your excellency in which you submitted the conclusions arrived at by the foreign representatives in regard to the ceremonial to be observed at audiences of His Majesty the Emperor.

Though the ceremonial is in accordance with the form prevailing in the European countries and the United States, still there are certain points which we find it difficult to comply with. They are four in number, which we submit for the consideration of the foreign representatives:

1.
As to general audiences being held in the T’ai-ho Tien, we would point out that this throne hall is used by the Emperor, who ascends the throne on the occasion of great celebrations and when His Majesty receives New Year’s congratulations. When the Emperor ascends the throne, the insignia carried before the Emperor, the Emperor’s traveling equipage or escort, the whip which is cracked, and the band of music must be arranged in due order. The princes, dukes, and civil and military officers are assigned places in the courtyard where are the stones marking their rank. The rules are very strict, and not the least disorder will be allowed. The Emperor must appear in full court dress, and the forms of etiquette are multifarious. It is therefore inconvenient to hold audiences granted to foreign representatives there. If a change is made and audiences held in another hall, this would seem to be more suitable.
2.
In the matter of the foreign representative presenting his letters of credence, or a letter from the head of his State, on which occasion an Imperial sedan chair should be sent for him, we would state that it is not convenient to send the chair the Emperor rides in. The Imperial Household naturally should prepare a sedan chair, such as used by the high officials of the first rank, to be sent for the minister. This would be in accordance with the rules of state. There is practically no difference in the above system to that prevailing in European countries.
3.
As to the question that the foreign representatives should be taken to the steps of the audience hall and should be taken back therefrom, we would observe that heretofore princes, dukes, and ministers of state, on going to the Forbidden city, alight from their chairs outside of the Tung Hua gate and the Hsi Hua gate, as the case may be. An exception, however, has been made by special decree in the case of Prince Kung, the uncle of the Emperor, and Prince Chün, the father of the Emperor, who are permitted to take their chairs to the Ching Yun gate on the east side and to the Lung Tsung gate on the west side. In European countries the [Page 162] foreign representatives take the carriages, but they are not allowed to go to the front of the steps of the audience hall. It appears that there is no distinction made in this rule. The question should receive further consideration and changes be made.
4.
As to the question that if banquets are given, as has been done in previous years, these should take place in the Chien-ching Kung and the Emperor should assist in person, we may observe that the ceremonial at banquets given by sovereigns of foreign countries to diplomatic representatives is not the same. That banquets should he given in the Chien-ching Kung and the Emperor assist in person is still a trivial matter, and changes can be made by way of accommodation or compromise. But as to banquets being given, this is a matter optional (with the Emperor), and one that can await further discussion.

The above we present as being our views for your excellency’s further consideration.

In a word, no matter what form of courtesy China shows to the foreign representatives, on no account will it be other than on a footing of equality between the two countries concerned without loss of prestige.

In sending this communication to your excellency as dean of the diplomatic corps, we beg that you will confer with your colleagues and favor us with a reply.

M. de Cologan to the Chinese plenipotentiaries.

[Translation.]

Highness and Excellency: On the 29th of April I had the honor to receive your communication in reply to the one which I had sent you on the 18th, and to inform you of the views of my colleagues on the subject of the Court ceremonials on the reception of foreign representatives by His Majesty the Emperor.

My colleagues request me to inform you in reply to your letter that the hall of the Imperial Palace called Chien-ching Kung, which they pointed out as the best for the audiences to separate foreign representatives with His Majesty, being also suitable for audiences given to the whole diplomatic corps, they modify the demand transmitted in my letter of the 18th of April in that sense. The Chien-ching Kung shall be the hall in which shall take place all solemn audiences given by His Majesty the Emperor to the representatives of the powers, whether individually or collectively.

As to the Imperial sedan chair which should be sent to the dwelling of the representative of a foreign power, etc., for the presentation of his letters of credence, etc., my colleagues understand by that that it shall be a sedan chair of the Imperial color, similar to those used by His Majesty.

The explanations which you have given concerning the place where the foreign ministers should get out of and get back into their sedan chairs when they shall be admitted into imperial audiences have not seemed satisfactory to my colleagues, who insist in this connection, and subject to the modification accepted by them in the choice of the hall, on the right which they have asked for. In consequence they will leave and take again their chairs at the foot of the steps leading up to the hall.

Regarding the banquets which His Majesty the Emperor might give to the representatives of the powers, my colleagues request me to inform you that the only bearing of their demand is to prevent that hereafter the Emperor shall invite them in another building than one of those of the Imperial palace, and shall be represented at the banquets offered by him and in his name by some one else. But it never entered into their minds to make it obligatory for His Majesty to send to the diplomatic agents invitations to dinner.

I avail myself of this opportunity, etc.,

B. J. de Cologan.

Field Marshal Count von Waldersee to M. de Cologan.

[Translation.]

Your Excellency: I hasten to forward to your excellency, after a conference with the commanders of the contingents of the allied troops, the following reply to your letter of the 25th instant:

1. The following powers will bear their share in the 6,000 men to be left behind in Tientsin and the district belonging to it: Great Britain, France, Germany, and Japan, each 1,400 men; Italy, 400 men.

[Page 163]

For the 1,500 men to he left behind in Shanhaikwan-Chin-wangtao, Great Britain, France, Japan, Russia, and Germany will each furnish 300 men. Italy wishes to leave a company there until the forts are razed.

2. As long as Chinese territory remains occupied by troops of the allied contingents the military commanders must have full authority over the civil administration. This has also been laid down in principle in the proceedings of the Hague conference in the year 1899. It is possible, and it would even be of advantage for both parties, that the Chinese authorities should retain their functions, as is now the case entirely in Paotingfu and partly in Tientsin.

In Tientsin and the administrative district appertaining to it, which reaches as far as Taku and comprises both banks of the Peiho, 6,000 men of the international troops have to be quartered in the future, and to these must be added 600 French troops destined for the protection of the railroad and numerous small detachments of all contingents for the protection of the various military establishments in Tongku and below it. We must therefore also reckon the ships of war which will be always stationed in the Peiho to keep up communication with the international fleet lying in the roadstead of Taku. To permit that under any circumstances these should be dependent upon a Chinese mandarin is an impossibility.

Friction would at once arise which might lead to dire conflicts, and such a measure should be avoided.

The placing of the civil administration under military supervision would also have the great advantage that it would be very unpleasant for the Chinese Government, and that this latter would therefore do its best to get rid of the situation by a speedy fulfillment of the terms of peace.

When the time comes for the reduction of the troops occupying Tientsin to 2,000 (?) men, it would be possible to accommodate them in the concessions, and it might be taken into consideration that then Chinese civil administration might be allowed in full measure.

3. The creation of a commander in chief is desirable for purely military reasons. Whatever be the measures taken in case of trouble, there must be a single center from which the orders emanate, and these should also apply to the 2,000 men of the garrison in Peking.

4. According to my information, it is not quite correct to say that only banner troops were quartered in Peking, for I understand that there was also a strong garrison of troops with modern armament.

5. To provide for the commencement of the evacuation of Peking it would be advisable to allow the Chinese authorities for four weeks previously a greater share of responsibility than hitherto, but they must always be under military control.

6. As regards the question as to whether at present a partial evacuation of Pechili might be carried out, opinions were divided. The British, Japanese, and German commanders were of the opinion, which I share, that such an evacuation can not take place before China has accepted the sum total of the indemnity to be paid, while the French commander informed me that he had proposed to his Government to withdraw 8,000 to 9,000 men, beginning fourteen days hence and finishing in six weeks’ time, and that preparations for this had been made. He added that he would only leave colonial troops here, in view of the difficult climatic conditions to be encountered. The Italian and Austrian commanders were without instructions on this point. General Chaffee offered no observations. Russia was not represented, as General de Wogack could not be present.

All the commanders have requested me to inform your excellency, and to request that you will inform the diplomatic corps of the following opinions, which they adopted unanimously:

In view of the approaching hot weather, which will be very disadvantageous for the health of the troops, and in view of the difficult nature of the roadstead of Taku, the question of the evacuation of Pechili is an extremely difficult one, which calls for the most earnest consideration and in which delay will, in addition to an enormous increase in the cost of the war, cause probably the loss of many hundreds of soldiers, and the retention of the troops perhaps till next winter.

We are unanimously of the opinion that the question would find a quicker solution if the fixing of the amount of the indemnity were treated separately from the manner in which China is to raise the money.

The second part of the question may, in view of the difficulties of the matter, require several months for its solution. If the question of the indemnity is first taken in hand and China declares its readiness to pay the sum demanded, the time would have come for beginning the evacuation, the completion of which would even then take several months, so that the reduction of the army of occupation would be very gradual. We are convinced 2,000 in Peking, 6,000 men in the Tientsin [Page 164] district, 1,500 men in Shanhaikwan, and about 3,000 men along the railway-in all, 12,500 men—with an international fleet at the Taku roadstead, and an international garrison in Shanghai, with a fleet at the Woosung roadstead, will be absolutely sufficient to force China to accept our conditions as to how the indemnity is to be paid.

Count Waldersee, Field Marshal.

The Chinese plenipotentiaries to M. de Cologan.

[Translation.]

Your Excellency: On the 2d of May we received from the Grand Council, at Si An, a telegram stating that the governor of Hunan had wired that by the terms of the Joint Note there shall be a “suspension of all official examinations for five years in all the towns where foreigners have been massacred.” It appears that in the matter of the missionary cases in Wei-yang and Ch’ing-chuan, in the Hunan province, these were the result of trouble brought about by rebels, and not the literati, and naturally the order of suspension should not apply there. The trouble only occurred in the towns of Huang-sha-wan and Chiang-tzu-k’ou, in the jurisdiction of the above-named districts. Even if the examinations were to be suspended, it should only be done at the two towns mentioned, where the trouble occurred. The suspension of examinations merely refers to places where the Boxers created trouble last year. This rule should not apply to missionary cases that occurred in other places. If the examinations must be suspended, it would seem necessary to clearly state that the suspension shall apply to the two towns where the trouble occurred, and not involve the whole province. This is important for the sake of justice and fairness.

Having received the above we would beg to observe that in the matter of the suspension of examinations, correspondence on the subject have passed between the foreign representatives and ourselves, but nothing has been definitely settled.

We embrace the opportunity, however, of again expounding our views in a clear and minute way.

The suspension of examinations for the period of five years refers to the people living in the places where disturbances occurred—the result of the Boxer movement—who can not compete during that time; it has no reference to places where disturbances occurred, not the result of the Boxer movement. Take, for instance, Peking, where last year a revolution took place, resulting in loss of life to foreigners of all nationalities. The native scholars resident in the capital are punished by the examinations not being opened to them, which is perfectly right and proper, but Peking is the capital of China, and the Chü jen of the various provinces come here to enter the metropolitan examinations. Then, as to the examinations for the second degree in the Shun-tien prefecture, we may add that these are open to senior licentiates and students of the imperial academy of the southern, northern, and central provinces. This examination is not confined alone to students of the metropolitan prefecture. If the metropolitan examinations for the third degree and the metropolitan prefecture examinations for the second degree are to be suspended, then in that case the students of all the provinces will not be able to compete for the above degrees, and as a result of disturbances in many cities and towns the scholars of the Empire would all thus be cut off from entering the official carrier. Besides, it is the illiterate vagabonds who cause trouble, and by such a mode of procedure the peaceable, law-abiding scholars would in like manner be implicated with them. Would this be strictly in accordance with justice? Besides, foreign missionaries are a class associated with the scholars of China, and if the examinations at Peking are suspended to scholars this would create a feeling of enmity which would not be befitting.

We therefore ask that the examinations be suspended only to persons resident in the places where it is right they should be prohibited, but not to those not living in said cities or towns where the disturbances occurred. The examinations of an entire prefecture or district should not be suspended; a discrimination should be made. The suspension of examinations for five years should apply to places where the Boxers created trouble last year; other places should not be affected by this ruling.

In sending this communication to your excellency, we beg that you will confer with your colleagues on this subject, and favor us with a reply, in order that a memorial may be sent to the Throne, asking the issuance of a decree in reference to the places contained in the list forwarded to us some time ago re suspension of examinations.

[Page 165]

M. de Cologan to the Chinese plenipotentiaries.

[Translation.]

Highness, Excellency: You requested me in your note of the 4th of May to communicate to my colleagues a telegram from the Grand Council concerning the cities in which examinations should be suspended during five years, in compliance with Article II of the Joint Note.

You explain in this connection that in your mind the suspension of examinations would consist “in the interdiction for residents in localities in which troubles had taken place to present themselves for the examinations during a period of five years, and not in forbidding for five years that examinations should be held in the localities where troubles had occurred.”

It is, on the-contrary, this last interpretation which is the true one. To convince yourself of it it suffices to look at the text of paragraph B, Article II, of the Joint Note, accepted by His Majesty the Emperor of China. This paragraph reads as follows:

“Suspension of all official examinations for five years in all the cities where foreigners have been massacred or have been subjected to cruel treatment.”

You observe, in support of your explanations, that at Peking the suspension of examinations would be prejudicial to people of all the provinces who had not taken part in the trouble of last year, and you add that “those guilty of the disorders were all illiterate men and rascals.” You show yourself, in thus speaking, severe on the Princes and high officials whom you have already recognized as responsible for the crimes to which you refer. We doubt whether the criminals can be considered as illiterate people, but we do not contest that they behaved themselves like rascals.

On the contrary, it is, speaking in a general way, the literati who have always been—particularly so last year—the true authors or accomplices of the antiforeign movement, and the Chinese people are only responsible for having allowed themselves to be dragged into the movement.

The representatives of the powers, therefore, insist on the demands which they have made of you, and which are entirely in conformity with Article II of the note which you have accepted.

I avail myself, etc.,

B. J. de Cologan.