Foreign Relations of the United States, 1901, Appendix, Affairs in China, Report of William W. Rockhill, Late Commissioner to China, with Accompanying Documents

Mr. Conger to Mr. Hay.

No. 506.]

Legation of the United States,
Peking, China, January 19, 1901.

Sir: I have the honor to confirm my telegrams of January 12 and 16, respectively.

This protocol was described in my dispatch, No. 495, of the 8th instant. It is being printed with the minutes of the meetings of the plenipotentiaries, and will be transmitted as soon as it can be obtained.

On the 16th instant each foreign minister received from the Chinese plenipotentiaries the protocol which we had prepared, duly signed and sealed; a copy of the decree accepting our demands, bearing the imperial seal, and a memorandum containing various suggestions and questions concerning our demands, by the Chinese plenipotentiaries. I inclose copies of translations of the decree, the memorandum, and the brief notes transmitting them. The foreign representatives are to meet on Tuesday, the 22d instant, to determine upon the replies to make to the inquiries and suggestions of the Chinese. The latter have totally misconceived the meaning of the final clause of our demands, if they expect the withdrawal of the troops upon the simple acceptance thereof. They must proceed in good faith with the execution of them. We ought, as soon as possible, name the persons and the punishments which must be inflicted, and insist upon their immediate accomplishment. We can not, of course, determine absolutely just what particular persons the Chinese Government is able to execute, but I feel quite sure that the death of all of those heretofore mentioned, except possibly Prince Tuan, Duke Lan, and General Tung Fu-hsiang, can be accomplished. I am further convinced that the prompt and severe punishment of a very few high responsible officials will have vastly more effect upon the Chinese than that of hundreds of lesser criminals. I shall, therefore, in accordance with what I understand to be your instructions, endeavor to have as many as possible of the leading responsible officials, whose punishment may be reasonably certain to be within the ability of the Government, selected, and their punishment demanded.

As to article fifth, concerning the prohibition of arms and materials used exclusively in the manufacture of arms and ammunition, I think a general reply may be made to their suggestions that the limit of the period for its enforcement must depend upon the ability and willingness exhibited by the Chinese in restoring and preserving order, and in the protection of foreigners and their interests, and can not be fixed at present, but the Chinese Government may be assured that the powers have no desire to unnecessarily continue the prohibition.

Their requests to have named the points for military occupation between the capital and the sea, and the number of legation guards, may be replied to in the same general way, to wit, that it is not possible to definitely fix them now, but that it will all depend upon the ability and action of the Chinese Government.

Information concerning the forts to be destroyed and the size of the legation quarters can be furnished as soon as determined upon. The military commanders have been asked to furnish a report upon both these questions.

The matter of reforming the Tsungli Yamen, and the changes to be made in court etiquette, ought to be arranged without trouble.

The several Imperial decrees demanded should be issued at once. This done, and the punishments accomplished, the general forces might be withdrawn from Peking, and negotiations as to indemnity and consequent adoption of financial measures proceeded with. The revision of the treaties can wait until other matters are out of the way.

My colleagues do not all agree with these views, but I will report result of conferences as they occur.

I have, etc.,

E. H. Conger.

[Inclosure 1.]

Prince Ching and Li Hung-chang to Mr. Conger.

No. 207.]

Peking, January 16, 1901.

On the 7th of January we had the honor to receive a communication from the doyen of the diplomatic body in which he stated that the foreign ministers charged him to acknowledge receipt of our communication of the 30th December, containing the decree by which His Imperial Majesty accepts in their entirety the twelve articles of the note which was delivered to us on the 24th of the same month; that the foreign plenipotentiaries take note of this acceptance and direct him to send to us the protocol herewith, in order that it may be signed by us.

In reply we beg to state that we have duly signed and sealed the protocol, and now return a copy for your excellency’s keeping.

[Inclosure 2.]

Prince Ching and Li Hung-chang to Mr. Conger.

No. 208.]

Peking, January 16, 1901.

Your Excellency: On the 7th of January we had the honor to receive a communication (from the doyen) in which we are requested to send to each legation an authentic copy of the decree bearing the imperial seal. In this matter the Imperial act will have received its due formality, etc.

We at the time memorialized the Emperor by telegraph for His Majesty’s information. We have now the honor to send your excellency a copy of the decree issued on the 27th of December, 1900, which was duly sealed with the Imperial seal on the 14th instant, for your keeping. We may explain to your excellency that the seal used on the imperial mandate issued to us some time ago was the Chih Ming Chih Pao, the seal employed to stamp decrees issued to Chinese Government officers. The imperial seal used on the decree in the present instance is the Emperor’s seal, the one employed to stamp announcements made to friendly powers.

[Subinclosure.]

Translation of Imperial decree.

On the 27th of December, 1900, the following decree was issued:

“We have duly perused Prince Ching’s and Li Hung-chang’s telegram, and it behooves us to agree to the whole of the twelve articles.”

[Seal of the Emperor.]

Kuang Hsü, 26th year, 11th month, 24th day (January 14, 1901).

[Inclosure 3.]

Prince Ching and Li Hung-chang to Mr. Conger.

No. 209.]

Peking, January 16, 1901.

Your Excellency: On the 7th of January we had the honor to receive from his excellency Mr. de Cologan, doyen of the diplomatic body, a communication in which he says that as soon as the foreign plenipotentiaries shall have received the decree, duly sealed with the imperial seal, and the protocol with our signatures they will hasten to indicate the earliest possible date for the meeting which we have requested. Further, they will be gratified if we will before that meeting make known in writing the questions which we desire to propound, in order that an understanding as to the replies to be made can be agreed upon, etc.

In reply, we would beg to observe that we already, in obedience to the imperial decree, signed the protocol, which we transmitted to your excellency under a separate cover.

We now have the honor to inclose a paper embodying the questions in detail which we propose to submit, which we beg you will make note of, and to say that we hope that an early date will be fixed for the commencement of negotiations, so that they may be discussed verbally.

[Subinclosure.]

Memorandum regarding the Joint Note.

On the 24th of December, 1900, we received and perused the treaty, in twelve articles, drawn up, after joint consultation, by the foreign ministers plenipotentiary. This document affords ample evidence of a genuine feeling of friendliness on the part of the powers toward China.

Each article therein contained was by us telegraphed to the Emperor, and his majesty thereupon issued a decree by telegraph, stating that it behooved him to accept in their entirety the principles laid down in the twelve articles submitted.

Later on, on the 7th of January, we received a protocol from each of the foreign ministers, together with a communication from Monsieur de Cologan, requesting that prior to the next conference we put forward in writing the points which we might wish to discuss, so that the plenipotentiaries could arrive at an understanding with regard to the answer to be made to us on the occasion of our meeting.

We accordingly, in compliance with the terms of the original Imperial mandate, have appended to the protocol transmitted to us our signatures and signs manual, and returned the same.

As China has complied with and signed the treaty presented by the foreign representatives, to the satisfaction of the powers, the forces at present in occupation of Peking and the province of Chihli should, in accordance with the terms of the final clause, of course, be withdrawn. It is of essential importance that, pending their withdrawal, hostile operations should cease, movements of troops be suspended, and no further military expeditions proceed into the different department and district cities and towns, harrying the country, and exciting alarm among the populace.

In the annexed memorandum we set forth the points we wish to disscuss, going minutely into the details of each paragraph.

• Article I. The case of the German minister, Baron von Ketteler, action as therein laid down will be taken.
• Art. 2. The Imperial decree of September 25, 1900, herein cited, already provides for the punishment of the princes and other high officials concerned. As, however, the note still pressed for severer punishment, it is, of course, our duty to address to the Throne a request that they be punished with additional severity—the punishment, as stated in the article, to be “in proportion to their crimes.” The article further calls for a suspension of all official examinations for five years in all the cities and towns where foreigners have been massacred or have been subjected to cruel treatment. With regard hereto we would observe that the cities and towns in each prefecture, subprefecture, department, and district are very numerous. It will be necessary to ascertain in what cities and towns foreigners have been massacred or subjected to cruel treatment, when, of course, action as laid down will be taken. This provision evidently applies to the Sui and Ko examinations. (Annual examinations for students—hsiu-tsai’s or licentiates—held in the various prefectural and district towns by the literary chancellor of the province.) As regards the provincial and metropolitan examination, these are collective examinations for each province. Should there be in a province cities or towns where foreigners have been massacred or subjected to cruel treatment, separate inquiry as above mentioned ought to be made and action taken accordingly. In other cities and towns not in any way implicated examinations ought to take place as usual. Such course of procedure will serve us as an exhortation and warning.
• Art. 3. In the case of Mr. Sugiyama, chancellor of the Japanese legation, action as therein laid down will be taken.
• Art. 4. Monuments re the graves of missionaries. Action as laid down will be taken.
• Art. 5. Maintenance, under conditions to be settled between the powers, of the prohibition of the importation of arms, as well as of material used exclusively for the manufacturing of arms and ammunition. We would point out that in the interior of China local banditti are to be found everywhere, and, what is more, they carry firearms and weapons of a similar nature, mostly clandestinely imported from abroad. Unless the Chinese soldiers told off to hold them in check are armed with efficient weapons, it would be difficult to maintain order; and should these banditti create disturbances and make trouble, traders and others, Chinese or foreign, can hardly avoid being injured thereby. We would accordingly request that some fixed term of years be agreed, upon the expiry of which purchases as heretofore would be allowed. Material for the manufacture of the munitions of war consist of many different kinds, and as far as those which are indispensable for governmental use are concerned, the Tsungli Yamen ought, on giving notice in writing, to be permitted to purchase the same as occasion requires.
• Art. 6. China shall adopt financial measures acceptable to the powers for the purpose of guaranteeing payment of the indemnities.
• In assessing the indemnities China’s resources must, in our opinion, be taken into account, and a broad and comprehensive grasp of the entire situation is imperative. Either some extended limit of time must be granted within which to make payment, or, after a careful review of the circumstances of the case, a reduction of the amount demanded must be taken into consideration. China’s annual receipts and expenditures are well known to the powers, and the present indemnities constitute an extraordinary addition to her other liabilities. We therefore venture to express the hope that the neighboring nations will, with one accord, give their consent to the adoption of any measures which China may bring forward with a view to creating additional revenue, such as an increasing of the customs tariff, a raising of the mining duties, an universal postal system, the introduction of a stamp duty, all already in universal operation throughout other countries.
• Art. 7. Maintenance by each power of a legation guard and the defense of the legation quarter in which Chinese shall not have the right to reside. As far as the guards are concerned we would earnestly beg that a fixed number be decided upon and minute regulations for keeping them under control be drawn up, so that they may not stir up trouble outside of their own lines. As regards the legation quarter, where does it commence and where does it end? Such yamens and public offices as are therein situated ought to be left as they are. A boundary line should be laid down so that notice to remove can be served to Chinese inhabitants of the proposed quarter.
• Art. 8. Unimpeded communication between Peking and the sea. Investigation as to what forts impede such free communication ought to be made, and a decision as to ordering their demolition be arrived at.
• Art. 9. Military occupation of certain points to be determined by an understanding between the powers for keeping open communication between the capital and the sea.
• A preliminary consultation between the powers as to how many men of each nation are to be employed for the purpose, what the total number is to be, and what separate points are to be occupied, should take place, and the result be communicated to us. Further, the powers should draw up regulations for keeping the troops under control, so that no cause for alarm be afforded to the inhabitants in the country round about. Such troops shall be sent solely for the protection of foreign officials and merchants; they will have nothing whatever to do with Chinese territory or Chinese travelers.
• The Chinese Government will continue to take every precaution to insure the protection of foreigners, and on no account furnish them with cause to apprehend a severing of communications between the capital and the sea. If, after the lapse of a year or so, and a review of the circumstances of the case, the powers shall have found that China’s protection has proved effectual, the question of withdrawing the foreign troops of occupation might be taken into consideration.
• Art. 10. The responsibility on the part of all provincial officials, civil and military, high and low, of affording protection to foreigners, in their respective jurisdictions, and their permanent removal from office in the event of their not immediately suppressing any antiforeign disturbances which may break out, or their failing to punish the guilty. The territorial authorities of China, as a matter of fact, have on repeated occasions had their responsibility as regards the protection of foreigners impressed upon them by imperial decrees. Should, therefore, hereafter any disturbances break out resulting in loss of foreign life, or in bodily injury to foreigners, those concerned must, of course, be severely dealt with in accordance with law. The recent troubles, however, are of a truth to be ascribed to lack of friendly feeling between Christians and non-Christians. While on the one hand these troubles afford ground for indicting past action, they on the other hand furnish a warning for the future, and emphasize the necessity of framing a policy whereby permanent mutual harmony between the two classes may be insured. In order to avoid the continual occurrence of cases arising out of religious differences, which render life to the people unbearable, and result in a never-ending list of impeachments as far as the officials are concerned, a special article should, after joint consultation, be drafted, embodying detailed rules conceived in a spirit of equity.
• Art. 11. The Chinese Government will undertake to negotiate the amendments to the treaties of commerce and navigation considered useful by the powers, and upon other subjects connected with commercial relations.
• Any amendments which the powers may consider useful are naturally put forward with a view to promoting their own interests and those of China in equal measure. To propose such as would curtail China’s privileges, injuriously affect the means of livelihood of the traders, or decrease her customs revenue, would certainly not be the desire of the powers. China must naturally, therefore, undertake to regulate any amendments with respect to commercial or any other matters which will tend to! secure mutual advantages.
• Art. 12. Whatever modification of court ceremonial relative to the reception on the part of His Majesty the Emperor of China, of the foreign representatives, the powers may deem necessary, they should bring them up when the time comes, and then, after mutual discussion, arrive at a decision.

The above is merely a discussion of the purport of the note handed to us by the foreign representatives, in which discussion we have incorporated a detailed expression of our views. Nothing has been added to the note, nor altered therein. Should no objection be offered to this statement of our views, after it shall have been jointly considered by the foreign representatives, it should be appended to the original text of the note, and together the result form the basis of the treaty to be negotiated hereafter.

With reference to the last paragraph of the note, on the subject of the withdrawal of the forces in occupation of Peking and the province of Chihli, we would request that as speedily as possible the question of complete evacuation on the part of the troops stationed in Peking, Paoting, Tientsin, and Tung Chou will be taken into consideration, and a date fixed upon for carrying out the same. This does not apply to the legation guards at Peking, nor to such posts as it may be deemed necessary to establish between the capital and the sea to maintain free communications.

The palace precincts, city walls, public offices, storehouses, and granaries in Peking, Tientsin, Paoting, and other places at present held by them, should likewise all be handed back to the Chinese Government.

The friendly feeling toward China which animates the foreign representatives gives us an assurance that they will accede to this request, and take steps to have it complied with.