Mr. Conger to Mr. Hay.

No. 511.]

Sir: I have the honor to report that on the 22d instant the foreign ministers met and agreed upon the reply to be made to the “memorandum” of the Chinese plenipotentiaries, which was transmitted to them on the 24th instant. I inclose copy and translation. We followed the lines suggested in my dispatch No. 506, and I believe that to hold these matters undetermined will afford us a very effective weapon with which to induce the Chinese Government to make an early compliance with our demands, and to impel them to such action as will facilitate a favorable termination of negotiations.

The question of punishment was taken up at this meeting and continued on the 24th, but early in the latter meeting the sad news of the death of the Queen of England was received, and the meeting adjourned.

The British minister informed us on the 22d instant that his Government had instructed him to insist upon the death penalty for all persons mentioned in the decree of September 25, 1900, and for General Tung Fu-hsiang and Governor Yü Hsien. The names of Prince I, Tsai Lien, and Tsai Ying were mentioned in the decree, but none of us have any information concerning them, and therefore it was not deemed wise to demand any additional punishment for them. Prince I is already reported dead. The Russian, Japanese, and Belgian ministers and I believe it impossible at present to secure the death penalty for Prince Tuan, Duke Lan, or Tung Fu-hsiang, and therefore opposed making such demands. It is to be hoped that the British minister’s instructions may be modified so that we may very soon unanimously agree upon the persons and punishments to be demanded. In connection with the punishments it has been decided to demand some sort of posthumous honors for the four proforeign members of the Tsungli Yamen, Hsü Ching-cheng, Hsü Yung-i, Lien Yuan, and Yuan Chang, and Li Shan, President of the Board of Revenue and Comptroller of the Imperial Household, who were summarily executed a short time before the arrival of the relief expedition. I tried to get Chang Yin-huan’s name included in this list.

I have, etc.

E. H. Conger.
[Inclosure.—Translation.]

M. de Cologan to the Chinese Plenipotentiaries.

Your Highness and Your Excellency: In acknowledgment of your dispatch of January 16, together with protocol signed by you, and the Imperial decree of the 27th of December, ultimo, under the seal of His Majesty, the foreign representatives have directed me to address to you the following communication:

It is stipulated in the note to which your highness and your excellency have affixed your signatures, and the clauses of which have been accepted as a whole by His Majesty the Emperor, that “Until the Chinese Government have complied with the above to the satisfaction of the powers, the undersigned can hold out no expectation that the occupation of Peking and the province of Chihli by the general forces can be brought to a conclusion.” Your highness and your excellency seem to be of the opinion that, in signing the note and transmitting the Imperial decree, you have conformed sufficiently to the conditions which have been imposed, and that you are now in position to formulate several desiderata. Such is not the scope of the conditions which have been sent to you.

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In order that the foreign representatives may hold that the Chinese Government has conformed, to the satisfaction of the powers, to the conditions imposed, acts are necessary, not mere formal acceptance. With this in view the foreign representatives beg to call your special attention to articles 2 and 10, respectively, which concern the punishment of the guilty, the publication and posting of edicts intended to repress and prevent disturbances against foreigners. You will very shortly be requested, in pursuance of the desire which you have yourselves expressed, to attend a meeting at which the demands of the Governments on these points will be clearly defined.

As to the wishes expressed by your highness and your excellency with reference to the military questions, the disposition of the foreign representatives to consider them will depend on the good will which the Chinese Government will manifest by their acts, its resolution to comply with the conditions which have been agreed to by His Majesty the Emperor.

I avail myself, etc.,

B. J. de Cologan.