Mr. Conger to Mr. Hay.

No. 540.]

Sir: On the 16th the foreign representatives received from the Chinese plenipotentiaries a note inclosing three Imperial decrees fixing additional punishments for the persons whom we had designated.

It was, however, very unsatisfactory. It did not in any way mention the demand we had made, and the decrees were apparently issued of the court’s own motion, although from some things in them we knew our note had been previously received. They did not record death sentences against Prince Tuan and Duke Lan, as we required and as had been intimated to us by the plenipotentiaries could be done. They decreed only imprisonment for Chao Shu-chiao and Ying Nien, instead of death, and for Chi Hsiu and Hsü Cheng-yu they said severe punishment should be meted out after sufficient proof of guilt could, on investigation by Prince Ching and Li Hung-chang, be produced against them. The decree conferring posthumous honors upon the decapitated members of the Tsungli Yamen was most unsatisfactory. It charged them with crimes, and simply restored the rank of which they had been deprived by their punishment.

These are the usual Chinese methods, which we were unanimous in agreeing ought to be strenuously resisted. Believing that the court can and will execute the punishments demanded, we have repeated our demands in a note, a copy of which I inclose. * * *

I have, etc.,

E. H. Conger.
[Inclosure 1.—Translation.]

Prince Ching, etc., Li Hung-chang, etc., have the honor to transmit to the doyen of the corps diplomatique for the information of his colleagues copies of the following Imperial decree issued to the grand secretariat on the 13th instant and received here through the grand council on the 14th instant.

[Telegram from Shanghai, dated February 14, 1901, transmitting Imperial decree of February 13.]
[Telegram from the council of state.]

On the 13th of February, 1901, the following Imperial decree was issued to the Grand Secretariat:

Since the 5th moon the Boxer rebels have headed disturbances which have resulted in a breach of our relations with friendly states. Prince Ching and Li Hung-chang had now, in consultation with the Representatives of the powers at Peking, negotiated and signed a draft treaty embodying the principles on which peace shall be restored.

In reflecting on the causes which lie at the root of this calamity we find that they are to be traced in reality to the attitude of the princes and high ministers of state, who, in their crass ignorance and reckless and violent disregard for law arid order, placed implicit trust in magic arts, brought pressure to bear on the court, and willfully disobeyed the decrees ordering the suppression of the Boxer rebels. Not only that, but they went out of their way to aid and lend their support to these scoundrels in their lawless acts of aggression and combat. As a consequence, a hellish conflagration broke out, and ten thousands of evil-doers banding themselves together in our immediate neighborhood, created a situation with which it was impossible to deal.

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They further incited ignorant general officers and untrained troops to surround and attack the legations for a period of several months, with the result that a calamity of an unprecedented nature overtook the state, that the whole constitution of the nation was placed in dire peril, that our ancestral tombs and temples were disturbed, that the whole country was ravaged and plundered, and that our people grievously perished.

The circumstances of danger and distress, in which we and the Empress Dowager found ourselves, can hardly be spoken of. Our heart even now is sore and our head aches. Grief and resentment in equal measure fill our breast. And all this because the princes and ministers of state, by trusting to magic and meddling evil-doers, imperiled the shrines of our ancestors and plunged our people into misery. If they put the question (to themselves) what punishment is their due, how shall they reply?

We have already issued two edicts on the subject of their punishment, but we still feel that the penalties are light compared with the gravity of their crimes, and that the former do not suffice to atone for the latter. We therefore have again to mete out to them yet severer judgments in proportion (to their varying degrees of guilt).

Tsai Hsün, prince of Chuang, who has already been deprived of his rank, aided and encouraged the Boxer rebels to attack the legations. He, on his own responsibility, issued a proclamation, contrary to treaty, and lightly giving ear to the counsels of evil-doers, unjustly compassed the death of many. Of a truth is he clownishly fierce and grossly stupid. Let him be awarded the privilege of committing suicide. The president of the censorate, Ko Pao-hua, will proceed to his residence and see that this sentence is carried out.

Tsai I, prince of Tuan, who has already been deprived of his rank, was the leader of the princes and Imperial dukes who lightly put their trust in the Boxers, and with his wild statements was the principal director of the fighting which caused the trouble. It is of a truth with difficulty that he can exculpate himself.

Tsai Lan, an Imperial duke of the first order, degraded and transferred to another post, collaborated with Tsai Hsün in unauthorizedly issuing the proclamation contrary to treaty. He must also be punished. Let him be deprived of his rank and offices. In consideration of the fact, however, that they are our near relatives we will extend to them special favor. They are hereby sentenced to life imprisonment in the new dominion. An officer is to be deputed to keep them under surveillance in the first instance.

Yü Hsien, the governor who has already been deprived of his rank, when holding office as governor of Shantung, recklessly believed in the magical arts of the Boxers, and on coming to Peking extolled their virtues to such an extent that the princes and high ministers of state were carried away (by his misstatements). When governor of Shansi he ordered killed many missionaries and native Christians. More than the others is he marked out by his crass stupidity and fierce cruelty—a criminal of the deepest dye and one of the chief ringleaders. He has already been banished to the new dominion and ought by now to have arrived in Kansu. Let him immediately be decapitated. A copy of this sentence is at once to be transmitted (to those concerned) and the Provincial Judge Ho Tu-kun is deputed to see it carried out.

Kang Yi, an assistant grand secretary and president of the board of revenue, aided and abetted, the Boxers, brought about the present disasters, and joined in the issue of the proclamation aforesaid. A heavy penalty ought to be inflicted on him, but he has already died a natural death; he is hereby posthumously deprived of his office and is to be forthwith stripped of his rank.

Tung Fu-hsiang, who has been deprived of his rank, while retained at his post as commander in chief of the province of Kansu, brought his troops to act as bodyguard to the Emperor, but did not maintain adequate control over them. He was further ignorant of international affairs and acted in an incoherent, reckless, and foolish manner. Although he surrounded and attacked the legations at the instigation of the princes and others, already degraded, he can not rid himself of culpability. Properly speaking, he ought to be severely punished, but in extenuation be it said that he has rendered most meritorious service in the province of Kansu and the Chinese and Mahometans render him cheerful obedience. As an act of extraordinary grace we only deprive him of his rank, such deprivation to take place immediately.

Ying Men, president of the censorate, who has been lowered in rank and transferred to another post, attempted to dissuade Tsai Hsün from recklessly issuing the proclamation contrary to treaty, which is a point in his favor. But as he was not able to make his opposition effectual, he can hardly rid himself of responsibility. As an act of grace he is deprived of his rank and sentenced to imprisonment pending decapitation.

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Chao Shu-chiao, president of the board of punishments, who has been deprived of his rank while retained at his post, was not ordinarily noted, for any antiforeign proclivities, and when sent to investigate Boxer affairs did not put forward statements screening them. He is, however, guilty of culpable negligence. As an act of grace he is hereby deprived of his rank and sentenced to imprisonment pending decapitation.

Both Ying Men and Chao Shu-chiao are in the first instance to be incarcerated in the gaol of the provincial capital of Shensi (Hsian).

The grand secretary, Hsü Tung, and the former governor-general of Ssu-chuan, Li Ping-heng, who was degraded and transferred, have already died for their country, but as their conduct has given rise to adverse criticism, they are both hereby deprived of their rank, and their posthumous honors conferred on them are canceled.

When this edict shall have appeased all states who are friendly to us ought to realize that the Boxer troubles really were the outcome of pressure brought to bear by the ringleaders, and that their actions were in no way whatever inspired by the court. In punishing the ringleaders we have not erred on the side of lenient protection, and all our subjects throughout the land—officials and others—will clearly understand that the issues involved in this matter are of the gravest.

Transmitted by the grand council to the 18 provinces.

Second decree of same date issued to Grand Secretariat.

Chi Hsiu, President of the Board of Rites, and Hsü Cheng-yu, ex-President of the Board of Punishments, are hereby deprived of their rank as a preliminary measure. I K’uang and Li Hung-chang are directed to find out what real proof of guilt exists against these individuals. They will then at once address a memorial to us on the subject, and the two officers concerned will be most severely punished.

Third decree issued by the Grand Secretariat.

The troubles which took place in the course of the fifth moon, and of which the Boxer rebels were the chief leaders, increased in violence from day to day. The court, being at a loss to know how to repress or to appease, on several occasions summoned the ministers to audience, in hopes that after they had weighed the circumstances of the case they would afford us an indication of the proper steps to take. We repeatedly addressed inquiries to Hsü Yung-i, President of the Board of War, Li Shan, President of the Board of Revenue, Hsu Ching-cheng, vice-President of the Board of Civil Office, Lien Yuan, Subchancellor of the Grand Secretariat, and Yuan Chang, a Director of the court of Sacrificial Worship, but the drift of their answers (was noncommittal), advocating two courses as equally practicable. The various ministers who constituted the ringleaders (of the Boxer faction) profited by this opportunity to bring false denunciations against them, with the result that they incurred the penalty of death.

When we consider, however, the long service of Hsü Yung-i and the others, and their capacity for dealing in a friendly spirit with international affairs, which they ordinarily displayed, their efforts may be described as meritorious, and as an act of grace we hereby restore Hsü Yung-i, Li Shan, Hsü Ching-cheng, Lien Yuan, and Yuan-chang to their original offices.

Let the board concerned take note.

[Inclosure 2.]

To Prince Ching and Li Hung-chang. Copy of note agreed upon by the Foreign Representatives.

Your Highness and Your Excellency: I have sent my colleagues your note of the 15th instant and the three edicts which were inclosed with it.

The foreign representatives have learned that in these documents there is no allusion whatever to the decisions which they have made on the subject of the questions which are the object of the edicts mentioned below.

My colleagues have concluded that these edicts have been issued before His Majesty [Page 91] the Emperor was made acquainted with the definite resolutions of which I informed you in my note of the 6th instant.

The foreign representatives have, therefore, charged me to request you to inform them as soon as possible as to what action has been taken with reference to the note that I sent you in their name, above referred to, the terms of which they can not recede from.

I avail myself, etc.,

B. J. de Cologan.