Mr. Conger to Mr.
Hay.
No. 427.]
Legation of the
United States,
Peking,
China, October 19, 1900.
Sir: I have the honor to confirm, on the overleaf,
my telegram of the 16th instant, and to inclose copy of the convention
submitted by Prince Ching and Earl Li Hung-chang, their note of transmission
and my acknowledgment thereof. The dean of the diplomatic corps also
received a brief note requesting the ministers to visit the
plenipotentiaries to discuss the proposed terms of settlement on the 20th
instant, or on any other day which might suit their convenience.
The German minister has not yet arrived; the new British minister is here,
but has not yet taken charge; the French minister is ill, so there must
still be some delay before commencing negotiations. In the meantime I hope
to receive reply to my telegram of the 16th instant.
It will be useless for the foreign representatives to meet with Chinese
plenipotentiaries for discussion until the powers have more fully agreed
among themselves. I still think it best, as I have already written you, and
which I understand is in accordance with the view of the Department, that a
convention, the most preliminary possible, should be made, which shall
include the restoration of order, the reestablishment of potential
government, agreements to negotiate, how and when, guaranties of punishment,
indemnities, and future protection of all foreign rights and interests; to
be followed by due appointment of plenipotentiaries, who shall make, as
nearly as can be done, a general final settlement, leaving as little as
possible for separate negotiations between the separate powers. However, a
purpose seems now to be indicated by most of the representatives here to let
the very first negotiations include and settle as much as possible, and let
separate negotiations with the various powers settle the rest.
* * * * * * *
The expeditions which left here and Tientsin for Pao-ting Fu some days since
met with no opposition on the way, and the city was surrendered on their
approach without firing a gun.
We have no information of their determination as to proceeding farther into
the interior or returning, though it is reported that the French and German
troops will remain there indefinitely, the former because of their and the
Belgian interest in the railroad and the latter for what reason is not
known.
Count von Waldersee is here, but further great international movements appear
not to be necessary. Chinese soldiers, so says Li Hung-chang, nave been
ordered not to fire on or oppose the movements of the foreign armies in any
way. This seems to be confirmed by the reports from the Pao-ting Fu
expeditions, and indicates a practical suspension of hostilities in this
province.
I have seen the French proposals and anxiously await your views thereon. Lord
Salisbury telegraphed the British minister that all the Governments have
agreed to them.
I have, etc.
[Page 41]
[Inclosure 1.]
Prince Ching and Li
Hung-chang to Mr. Conger.
His excellency Mr. Conger:
Last spring the Boxer bandits made their appearance around Peking and
caused the most unheard of calamities; they multiplied so fast that at
last they besieged the foreign legations, and then the powers sent
troops to Peking and the Court removed to a distant place. If anyone had
predicted these events several months beforehand nobody would have
believed him. But now the Court is aware that these misfortunes came
through the protection given the Boxer banditti by princes and
ministers; these delinquents, therefore, are to be severely punished
according to Chinese law, as the proper tribunals may decide, and we,
Prince Ching and Li Hung-chang, have been appointed plenipotentiaries
with full powers to open negotiations for peace at once and settle this
affair. But our negotiations will not be confined to one country, nor
will the questions be the same with all the countries concerned; add to
this the unusual nature of the case and it will be seen that the
negotiations are beset with difficulties.
In view of this we think it will be better first to settle general
questions with the combined powers in a special convention applying to
all, and then proceed to negotiate a separate treaty in detail with each
power as varying conditions will require. This done, the commercial
treaties may then be settled if any changes are to be made in existing
ones, and, finally, rules for application of treaty provisions in
specified provinces may be made for the common benefit and lasting
security of both high contracting parties.
We inclose herewith for your consideration and that of the diplomatic
corps copy of draft of the preliminary convention we propose, and we ask
that your excellency will telegraph our proposals to your Department of
State, with the view to an early settlement of these matters.
Besides sending you this copy we have sent similar ones to your
colleagues, and we now beg your excellency to consider this matter and
favor us with a reply.
[Subinclosure.—Translation.]
His Majesty the Emperor, being oppressed with sorrow for the unexpected
events of the past few months, has now appointed the writer, Prince
Ching, to return to Peking to verbally express this sentiment, and has
given to us, namely, Prince Ching and Minister Li Hung-chang, full
plenipotentiary powers to settle all affairs that may come under
discussion. As a preliminary we now submit the subjoined draft of
articles proposed for a special convention between the combined powers
and China:
- Article 1. Laying siege to legations
of foreign ministers is a high offense against one of the
important principles of international law. No country can
possibly tolerate such a thing. China acknowledges her great
fault in this respect and promises that it shall never occur
again.
- Art. 2. China admits her liability
to pay indemnity for the various losses sustained on this
occasion, and the powers will each appoint officials to examine
and present all claims for final consultation and
settlement.
- Art. 3. As to future trade and
general international relations, each power should designate how
these matters should be dealt with—whether the old treaties
shall continue or new conventions be made slightly adding to the
old treaties or canceling the old treaties and negotiating new
ones. Any of these plans may be adopted, and when China has
approved further special regulations can be made in each case as
required.
- Art. 4. This convention will be made
by China with the combined powers to cover general principles
which apply alike to all. This settled, the foreign ministers
will remove the seals they caused to be placed in various parts
of the tsungli yamen, and then the yamen ministers may go to the
yamen and attend to business as usual. And, further, each power
should arrange its own special affairs with China, so that
separate treaties may be settled in due order. When the various
items of indemnity are all arranged properly, or an
understanding has been come to about them, then the powers will
successively withdraw their troops.
- Art. 5. The troops sent to China by
the powers were for protection of the ministers and for no other
purpose, so when negotiations begin for treaties of peace each
power should first declare an armistice.
Note.—The “separate treaties” mentioned in
article 4 are distinct from commercial treaties in article 3; each
treaty will have its own procedure. The titles and precedence of
plenipotentiaries for insertion on the first page of the convention can
be arranged at a meeting.
[Page 42]
[Inclosure 3.]
Mr. Conger to
Prince Ching and Li
Hung-chang.
Peking,
China, October 11,
1900.
Your Highness and Your Excellency: I have the
honor to acknowledge the receipt of the note of your highness and your
excellency, transmitting a copy of a proposed convention prepared by
your highness and your excellency suggesting certain terms as a basis
for a settlement of the recent troubles which made it necessary for
foreign powers to bring troops into China.
I have, as you request, telegraphed the convention to my Government, and
shall soon be ready to discuss it with you.
I avail, etc.,
