Mr. Conger to
Mr. Hay.
Legation of the United States,
Pekin, China, October 19, 1900.
No. 427.]
Sir: I have the honor to confirm, on the
overleaf, my cipher telegram of the 16th instant1 and to inclose copy of the
convention submitted by Prince Ching and Earl Li Hung-chang, their
note of
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submission and my
acknowledgment thereof. The dean of the diplomatic corps also
received a brief note requesting the ministers to visit the
plenipotentiaries to discuss the proposed terms of settlement on the
20th instant or on any other day which might suit their
convenience.
The German minister has not yet arrived; the new British minister is
here, but has not yet taken charge; the French minister is ill, so
there must still be some delay before commencing negotiations. In
the meantime I hope to receive reply to my telegram of the 16th
instant.
It will be useless for the foreign representatives to meet with the
Chinese plenipotentiaries for discussion until the powers have more
fully agreed among themselves. I still think it best, as I have
already written you, and which I understand is in accordance with
the views of the Department, that a convention—the most preliminary
possible—should be made which shall include the restoration of
order, the reestablishment of potential government, agreements to
negotiate, how and when, guarantees of punishment, indemnities, and
future protection of all foreign rights and interests; to be
followed by due appointment of plenipotentiaries, who shall make as
nearly as can be done a general final settlement, leaving as little
as possible for separate negotiations between the separate powers.
However, a purpose seems now to be indicated by most of the
representatives here to let the very first negotiations include and
settle as much as possible, and let separate negotiations with the
various powers settle the rest.
The expeditions which left here and Tientsin for Paotingfu some days
since met with no opposition on the way, and the city was
surrendered on their approach without firing a gun.
We have no information of their determination as to proceeding
farther into the interior or returning, though it is reported that
the French and German troops will remain there indefinitely, the
former because of their and the Belgian interest in the railroad,
and the latter for what reason is not known.
Count von Waldersee is here, but further great international
movements appear not to be necessary, Chinese soldiers, so says Li
Hung-chang, having been ordered not to fire on or oppose the
movements of the foreign armies in any way. This seems to be
confirmed by the reports from Paotingfu expeditions, and indicates a
practical suspension of hostilities in this province.
I have seen the French proposals and anxiously await your views
thereon. Lord Salisbury telegraphed the British minister that all
the governments have agreed to them.
I have the honor to be, etc.,
[Inclosure 1.]
Prince Ching and Li
Hung-chang to Mr. Conger.
Prince Ching, by Imperial decree president of
the Tsungli Yamen and minister plenipotentiary, and Li Hung
Chang, Imperial commissioner and minister plenipotentiary with
full powers; senior reader to the heir apparent; senior grand
secretary state; minister of commerce; superintendent of trade
for the northern ports; viceroy of Chihli and earl of the first
rank, make the following communication to his excellency E. H.
Conger, minister of the United States, etc.:
Last spring the Boxer bandits made their appearance around Pekin
and caused the most unheard of calamities; they multiplied so
fast that at last they besieged the
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foreign legations, and then the Powers
sent troops to Pekin and the court removed to a distant place.
If anyone had predicted these events several months beforehand
nobody would have believed him. But now the court is aware that
these misfortunes came through the protection given the Boxer
banditti by prince and ministers; these delinquents, therefore,
are to be severely punished according to Chinese law as the
proper tribunals may decide, and we, Prince Ching and Li
Hung-chang, have been appointed plenipotentiaries with full
power to open negotiations for peace at once and settle this
affair. But our negotiations will not be confined to one
country, nor will the questions be the same with all the
countries concerned; add to this the unusual nature of the case,
and it will be seen that the negotiations are beset with
difficulties.
In view of this we think it will be better first to settle
general questions with the combined Powers in a special
convention applying to all, and then proceed to negotiate a
separate treaty in detail with each Power as varying conditions
will require. This done, the commercial treaties may then be
settled if any changes are to be made in existing ones, and
finally rules for application of treaty provisions in specified
provinces may be made for the common benefit and lasting
security of both high contracting parties.
We inclose herewith for your consideration, and that of the
diplomatic corps, copy of a draft of the preliminary convention
we propose, and we ask that your excellency will telegraph our
proposals to your Department of State, with the view to an early
settlement of these matters.
Besides sending you this copy, we have sent similar ones to your
colleagues, and we now beg your excellency to consider this
matter and favor us with a reply.
[Inclosure 2.]
Translation of inclosure with dispatch,
dated October 15, 1900, from Prince Ching and Li Hung-chang,
peace commissioners.
His Majesty the Emperor, being oppressed with sorrow for the
unexpected events of the past few months, has now appointed the
writer, Prince Ching, to return to Pekin to verbally express
this sentiment, and has given to us—namely, Prince Ching and
Minister Li Hung-chang—full plenipotentiary powers to settle all
affairs that may come under discussion. As a preliminary we now
submit the subjoined draft of articles proposed for a special
convention between the combined powers and China.
- Article 1. Laying seige to
legations of foreign ministers is a high offense against one
of the important principles of international law; no country
can possibly tolerate such a thing. China acknowledges her
great fault in this respect, and promises that it shall
never occur again.
- Art. 2. China admits her
liability to pay indemnity for the various losses sustained
on this occasion, and the powers will each appoint officials
to examine and present all claims for final consultation and
settlement.
- Art. 3. As to future trade and
general international relations, each power should designate
how these matters should be dealt with—whether the old
treaties shall continue, or new conventions be made slightly
adding to the old treaties, or canceling the old treaties
and negotiating new ones—any of these plans may be adopted,
and when China has approved, further special regulations can
be made in each case as required.
- Art. 4. This convention will be
made by China with the combined powers to cover general
principles which apply alike to all. This settled, the
foreign ministers will remove the seals they caused to be
placed in various parts of the tsungli yamen, and then the
yamen ministers may go to the yamen and attend to business
as usual. And further, each power should arrange its own
special affairs with China so that separate treaties may be
settled in due order. When the various items of indemnity
are all arranged properly, or an understanding has been come
about them, then the powers will successively withdraw their
troops.
- Art. 5. The troops sent to China
by the powers were for protection of the ministers and for
no other purpose, so when negotiations begin for the
treaties of peace each power should first declare an
armistice.
Note.—The “separate treaties” mentioned
in article 4 are distinct from commercial treaties in article 3;
each treaty will have its own procedure. The titles and
precedence of plenipotentiaries for insertion on the first page
of the convention can be arranged at the meeting.
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[Inclosure 3.]
Mr. Conger
to Prince Ching and Earl Li
Hung-chang.
Legation of the United States,
Pekin, China, October 17, 1900.
No. 227.]
Your Highness and Your Excellency: I
have the honor to acknowledge the receipt of the note of your
highness and your excellency transmitting a copy of a proposed
convention by your highness and your excellency suggesting
certain terms as a basis for a settlement of the recent troubles
which made it necessary for foreign powers to bring troops into
China.
I have, as you request, telegraphed the convention to my
Government, and shall soon be ready to discuss it with you.
I avail myself of the occasion to assure your highness and your
excellency of my highest consideration.
