Mr. Rockhill to Mr.
Hay.
No. 52.]
Commissioner of
the United States to China,
Peking,
China, March 29,
1901.
Sir: The diplomatic corps held a meeting to-day to
consider a number of pending questions relating to the negotiations.
The French minister submitted the following proposition to govern in
estimating the claims for legation guards and volunteers, which were agreed
to ad referendum:
As regards killed or wounded soldiers, in case a claim is to be made
on their account it shall be fixed at the sum of the pension to be
paid said soldier or his family according to the laws of his
country.
As regards volunteers killed or having been wounded so as to
incapacitate them for work, the indemnity to be asked shall be
calculated on the position (situation) of said volunteer and the
damage resulting therefrom to himself or his family.
As, however, these classes of claims come under the heading of “Claims of
Governments,” according to the report of the committee of indemnities, I
think these propositions are of no special value or importance.
[Page 120]
The question was then put to the various representatives as to the acceptance
by their Governments of the report of the Committee on indemnities, copy of
which report was inclosed in my No. 42 of the 14th instant. The
representatives of Russia, France, Germany, and Holland informed the meeting
that their Governments had accepted it, conditionally, of course, on its
acceptance by all the powers. I stated to my colleagues that I did not
expect my Government to express an opinion on the subject until our proposal
asking for a general lump indemnity to be divided among the powers
proportionately to their losses and expenses had been passed upon. This
proposal I communicated formally to the diplomatic corps in a memorandum
dated the 28th of March. I inclose a copy herewith.
The British minister then asked the meeting to agree to extend the limit of
time for the presentation of private claims from May 1 to May 14 next. This
was agreed to with the qualifying words “sauf exceptions justifiées.”
The German minister then proposed that the military commanders here be
requested to prepare a joint report on the measures to be adopted for
carrying out Articles VIII and IX of the Joint Note. Although nine of the
representatives had been instructed by their Governments to favor a
conference of the military representatives of only such powers as were
prepared to take part with their forces in the measures adopted, the Russian
and Austro-Hungarian ministers and myself having stated that our
Governments, as signatories of the Joint Note, considered that they had the
right to take part in the discussion of these questions, which had all a
very important political side, it was therefore decided to invite all the
military commanders here to bring about at an early date such a
conference.
I then read to the conference the report which I had prepared with the
Japanese minister as to the reforms to be introduced into the office of
foreign affairs and the court ceremonial for the reception of foreign
representatives in public audiences. The report was unanimously adopted
without any important modifications, except the omission of the words
Tsung-li Yamen as the Chinese name of the office of foreign affairs, which
all the representatives, except the Japanese minister and myself, wish to
have changed.
I regret that it was not possible to carry out better the instructions
contained in your telegram of December 31 last to Mr. Conger, in which you
said—
if not all on modern lines, it would be highly
desirable to have a minister of foreign affairs who shall speak at
least one European language. He should be in a position to take his
orders from the Emperor.
In view of the fact that the ministers who will, under the prince president,
be at the head of the office of foreign affairs must be men of very high
position in the state, wielding great power and having recognized influence,
and that there is no one in China at the present time with such
qualifications who speaks any foreign language, it was felt that to insist
on your views would result, if adopted, in placing men of no standing or
power in positions of great importance and responsibility. None of the men
who have been sent abroad by China to hold diplomatic positions—the only
ones who know anything at all of foreign languages—have rank, influence, or
strength enough to hold the position of minister of foreign affairs and
fight with any chance
[Page 121]
of success
the battle of reform which must shortly begin here and in which they must
take a leading part.
In view of the above considerations, it was deemed advisable to only
recommend that at least one of the two vice-ministers which the powers seek
to have appointed shall know some foreign language. Some of China’s
diplomatic representatives abroad might fill these positions very
advantageously, and later on perhaps become ministers in the office of
foreign affairs.
I inclose copy of the report as it was finally accepted by the
conference.
After disposing of this work the meeting adjourned.
I am, sir, your obedient servant,
Memorandum.
[Translation.]
The Government of the United States is of opinion that the amount of the
indemnity to be demanded by the powers of China should be as reasonable
as possible, and in no ease exceed the power of China to pay. Whatever
be the method by which it is computed this indemnity should be demanded
of China in one lump sum, without explanation, specifications of reasons
for the demand, or indication of the proportion asked by each power.
If, however, the claims of the various powers amount to a sum exceeding
the power of China to pay, they should be proportionately reduced so
that the sum of the demand should not exceed the limit indicated
above.
If the powers accept this proposition, after payment by China of the sum
demanded, an equitable fraction calculated on the losses sustained and
the disbursements of each state should be allotted to each one of them,
and each power should undertake the indemnification of its
nationals.
If the powers think that a settlement of the question of the distribution
of the indemnity among them on the lines indicated above presents too
great difficulties at Peking, the Government of the United States
proposes that it shall be submitted to the Arbitral Tribunal of The
Hague.
In other words, the Government of the United States proposes to the
powers to fix among themselves a reasonable sum as a lump indemnity, to
demand it without details or explanations of China, and to divide it
afterwards among the powers proportionately to their losses and
disbursements.
W. W. Rockhill.
Peking, March 28,
1901.
Report of the commission on the reform of the Office
of Foreign Affairs and on the modification of court
ceremonial.
[Translation.]
Article XII of the joint note provides:
“The Chinese Government undertakes to reform the Office of Foreign
Affairs and to modify the court ceremonial concerning the reception of
the foreign representatives in the sense which the powers shall
indicate.”
The representatives of the powers have charged the Minister of Japan, the
Plenipotentiary of the United States, who with their sanction have added
the Counselor of the German legation, to submit a report on the reforms
which they consider indispensable to attain the end which the powers had
in view in imposing this demand on China.
I.
As to the reform of the Office of Foreign Affairs, the commission is of
opinion that to put this bureau in a better condition to promptly and
regularly transact its business it would be necessary to place in it a
small number of personages of high rank
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and having unquestionable power and influence with
the central government. To them should be intrusted by the Emperor the
exclusive conduct of direct relations with the foreign representatives.
These personages should be directly responsible to the Emperor for their
actions and consequently be members of the cabinet of the Emperor
(Chun-Chi Chu), or have free access to him as a result of their high
rank in the state.
The commission consequently recommends that at the head of the Office of
Foreign Affairs there should be a Prince (Ch’in Wang), with the title of
President of the Office of Foreign Affairs.
As it is presumable that the other duties of the Prince President will
prevent him devoting all his time to the duties of the Office of Foreign
Affairs, the commission is of opinion that under him there should be two
ministers (Ta Chen), members of the Chun-Chi Chu, who could take his
place in case of absence, and who would have all the necessary authority
to transact all current business.
These three high officials only would carry on direct relations with the
representatives of the powers and receive the foreign ministers for that
purpose.
It is understood that these three high officials would either singly or
collectively receive the representatives of the powers and transact
business with them.
Although it would be desirable that the above-mentioned personages should
have personal knowledge of foreign affairs and of the methods now
generally followed by all nations of the world in conducting public
business, in provision, however, of their lack of experience, the
commission recommends that there should be in the Office of Foreign
Affairs two Vice-Ministers, who from their personal experience would be
able to place the administration of the office in greater harmony than
at present with the methods obtaining abroad. One of them at least
should know a foreign language.
The commission is of opinion that, with the modifications enumerated
above, the transaction of diplomatic affairs with the Office of Foreign
Affairs would become easier, more regular, and more rapid.
II.
Concerning the modification of Court ceremonial relating to the reception
of the foreign representatives the commission has only deemed it its
duty to consider the question of public or solemn audiences.
The commission is of opinion that the annual audiences given the
diplomatic corps by the Emperor should take place in the T’ai-ho Tien,
and that those which may be given from time to time to a single
representative should be in the Chien-Ching Kung.
In every case the Emperor should receive the representatives standing and
speak directly to them.
On the first audience to present his letter of credence or in the case of
the presentation of a letter of the head of his State, an Imperial sedan
chair and a guard of honor should be sent by the Emperor to take the
representative at his residence and conduct him to the Imperial palace.
The representative should be taken back therefrom with the same
ceremony. In these audiences the representative should pass, until he
has presented his letters, by the central doors; on leaving the audience
he should comply with the custom already established in this
respect.
The Emperor should receive directly in his own hands the letters which
the representatives of the powers may have to present to him.
As regards the banquets which may be offered by the Emperor to the
diplomatic corps, these should be in the Chien-Ching Kung, and the
Emperor should assist in person.
In going to solemn audiences the representatives of the powers should be
carried in their sedan chairs to in front of the hall in which the
Emperor is to receive them; they should take their departure in the same
way.
Such are the principal points on which the commission is of opinion that
it would be proper to insist, so that the Court ceremonial relating to
the reception of foreign representatives should comply with the
established usages between independent and equal nations.
The ceremonial details not mentioned here which may develop in the
settlement of this question should all be incorporated in the protocol
which will be prepared with the Chinese plenipotentiaries.
- Jutaro Komura.
- W. W. Rockhill.
- Baron von der Goltz.
Peking, March 29,
1901.
