Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1896, and the Annual Report of the Secretary of State
Mr. Denby to Mr. Olney.
Peking, February 6, 1896. (Received Apr. 3.)
Sir: His excellency Mr. A. Gérard, minister of France, has recently handed to me copies in Chinese of certain documents relating to an order made by the Tsung-li Yamên directing the local authorities to expunge from the various editions and compilations of the Chinese code all clauses placing restrictions upon the propagation of the Christian religion.
I inclose herewith translations of these papers.
I have sent to the consuls of the United States a circular, of which a copy is inclosed, directing them to call the attention of the members of the American missions to this important order. The order mentioned was procured by the minister of France by virtue of the French treaty of 1858.
It gives me pleasure to state that Mr. Gérard is entitled to and should receive the thanks of the Christian world for his action in this important matter.
I have, etc.,
Copies of three documents received by His Excellency Mr. Gérard, French minister at Peking, from their excellencies the ministers of the Tsung-li Yamên, wherein the said Yamên agrees to order the governors-general and governors of the provinces to direct the local authorities to expunge from the various editions and compilations of the Chinese code all clauses placing restrictions upon the propagation of the Christian religion as treaty stipulations provide.
In obedience to orders these three documents have been printed by M. Dubail, consul-general of France at Shanghai, for distribution to the several missions for convenience of reference.
The Tsung-li Yamên to Mr. Gérard.
Document No. 1.
Your Excellency: Upon the 26th July last we received your dispatch stating that in the edition of the Chinese code published in 1890 there were still to be found copies of memorials and other documents prohibiting the Christian religion, which was in violation of the treaty of the fifth month of the eighth year of Hsien Feng (27th June, 1858), and that it was your duty to request that in observance of treaty orders be given for the erasure thereof.
In reply to this dispatch we wrote you that we had examined into the subject and had ascertained that, in the ninth year of Tung Chih (1871) the board of punishments had memorialized the Throne requesting that a new edition of the penal code be published. A note was then made of the clauses prohibiting the Christian religion and said clauses were expunged from the code as the treaty stipulated, and that since the reign of Tung Chih the board of punishments had had no new edition of the code made.
On the 12th of last August your excellency called upon us and handed us a copy of a book called the Ta Ching lü-li hing an hsuan chi cheng (Compendium of Code and Criminal Cases), in two volumes, which were reprints from other works, and were made in 1893. We have carefully examined these works, and we have to say that works of this kind made in private printing establishments are not official publications. We have, however, written the superintendent of the gendarmerie to notify all bookstores that the passages in the said books referring to the propagation of the Christian religion in the interior of China and the clause prohibiting the practice of foreign religions must, as the treaties require, be stricken out.
We inclose herewith a copy of our dispatch to the superintendent of the gendarmerie on the subject, and we return the two books upon the code which your excellency left with us.
The Tsung-li Yamên to the Superintendent of Gendarmerie.
Document No. 2.
Upon the 26th of last July we received a dispatch from Mr. Gérard, minister of France, as follows:
“The last clauses of the thirteenth paragraph of the treaty between France and China, concluded in 1858, provides:
“‘All that has been previously written, proclaimed, or published in China by order of the Government against the Christian religion is completely abrogated and remains null and void in all provinces of the Empire.’
“Notwithstanding this treaty provision, the edition of the penal code printed in 1890 still contains prohibitions against the Christian religion. It is my duty to request that in accordance with the treaties orders be given for the erasure of such prohibitions from the edition of the penal code of 1890 and from all books containing them.”
On receipt of this dispatch we replied that we had investigated the matter and had found that, in 1871, the board of punishments memorialized the Throne requesting that a new edition of the penal code be issued, and that in this edition, under the section of the ceremonial laws devoted to sacrifices, a clause was inserted as follows:
“All persons professing the Christian religion shall be permitted the free exercise of their religion. All that has been written, proclaimed, or published in China by order of the Government against the Christian religion is completely abrogated and remains null and void in all provinces of the Empire.”
The clause previously in the code with reference to the propagation of the Christian religion was also marked for omission from the new edition. The code as thus altered was submitted to the Throne by the board of punishments and long ago received the imperial sanction. Since the reign of Tung Chih the board of punishments has had no new edition of the code prepared.
Shortly after this correspondence, viz, on the 12th August, Mr. Gerard called at the yamên and handed us two books upon the code, one called the Ta Ching lü-li tseng hsui tung hsuan chi cheng (The Code and Criminal Cases, revised and complete), and one the Lü-li pien lan (The Code for Convenient Reference). He stated these had been printed from new blocks cut in 1892 and that they contained a prohibition against corrupt doctrines. Upon examination we found that these books had been printed from blocks cut at private printing establishments, that they were not official publications and hence could not be brought forward in evidence of violation of treaty.
[Page 89]We have, however, to call your attention to the following passage found in various commercial treaties:
“The Christian religion having for its essential object the leading of men to virtue, the members of all Christian communities shall enjoy entire security for their persons and property and the free exercise of their religion, and efficient protection shall be given the missionaries who travel peaceably in the interior furnished with passports as provided for in Article XIII. * * * All that has been previously written, proclaimed, or published in China, by order of the Government, against the Christian religion is completely abrogated and remains null and void in all the provinces of the Empire.” (Quoted from Art. XIII, French treaty of 1858.)
In the ninth year of Tung Chih (1871) the board of punishments omitted from the edition of the code made by them the clause referring to the propagation of Christianity, and this edition contains this statement in its preface:
“All statutes which occurred in former editions and which are omitted from this, were omitted by imperial sanction or memorial by the board of punishments. Such omitted passages should be no further circulated nor quoted.”
The laws forbidding Christianity were abolished by the Throne on memorial from the board of punishments in 1871 and must be no longer inserted in publications. It becomes, therefore, our duty to write your honorable bureau to notify all bookshops that in observance of treaty they are forbidden to print in the books known as the Tung hsuan chi cheng and the Lü-li pien lan and similar books, those passages referring to the propagation of Christianity, which are to be found in the section of the code on corrupt doctrines, as well as the clauses which prohibit the practice of the western religions. Thus will the treaties be observed.
The Tsung-li Yamên to Mr. Gérard.
Document No. 3.
On the 31st of August we had the honor to receive from you a dispatch as follows:
“On the 18th August I received your excellency’s dispatch saying that the Ta Ching lu-li hsing an tung hsuan chi cheng and the Lü-li pien lan were not official publications, but that you bad taken measures to have the clauses therein contained concerning the propagation by foreigners of the Christian religion in the interior and the other clauses heretofore referred to stricken out in accordance with treaty.
“It becomes my duty to express my thanks for this action. On the 19th August I went in person to your Yamên and stated that this class of private publications were issued in other parts of China. You concurred in my opinion that these also should be revised, and I have now to express the hope that you will order that this be done and that I be informed in what manner the officials of the various provinces upon whom this duty falls carry out these orders.”
In reply we have to state that we recognize our obligation to do as you request in the matter of issuing notices prohibiting the publication of rescinded laws. We communicated with the bureau of gendarmerie some time ago on the matter, and we have now written the governors-general and governors of the various provinces to order the local officials to command the bookstores in their jurisdiction to erase from their publications those passages cut out of the code by the board of punishments.
We make this reply for your excellency’s information.
circular.
Peking, February 6, 1896.
To the Consuls of the United States in China.
Gentlemen: I have the honor to inform you that his excellency Mr. A. Gérard, minister of France, has recently procured from the Tsung-li Yamên, by virtue of the French treaty of 1858, an order directing the local authorities in all the provinces of the Empire to expunge from the various editions and compilations of the Chinese code all claims placing restrictions upon the propagation of the Christian religion.
You are directed to bring this circular to the attention of the American missions in your consular districts.
It gives me pleasure to add that the minister of France is entitled to the gratitude of the Christian world for his action in this important matter.
I am, etc.,