Mr. Conger to
Mr. Hay.
Legation of the United States,
Pekin, China, November 26, 1900.
No. 459.]
Sir: I have the honor to confirm on the
overleaf my telegram of the 24th instant,1 and to inclose a copy of
the note setting forth the demands which it is proposed to present
to the Chinese plenipotentiaries, either jointly or in identic
notes. Some of the ministers have not been instructed whether to
sign joint or identic notes. I am aware that ordinarily our
Government is not in favor of joint action with European powers, but
this is so plainly a world-wide question, and the necessity of
strengthening our demands by unanimity, as well as by every other
means, is so apparent; and being convinced that a joint note will be
much more effective than separate notes, and will consequently
hasten the final settlement which the President and yourself justly
deem so important, I have felt myself authorized to sign a joint
note, and shall do so, if all the other ministers are so authorized.
If not, we will send in identic notes.
The agreement of the Russian minister to the last paragraph of demand
No. 5 was obtained by employing the words “measures acceptable to”
instead of “‘indicated by’ the foreign powers.”
There have been some concessions made by each minister in order that
we might reach an agreement. In consequence, the demands are not
exactly in accordance with the letter of your instructions, but are
as near with their spirit as seemed possible to come to an agreement
upon. I tried to have no names mentioned in connection with the
death penalties, simply saying all those mentioned in the decree of
September 25, and such others as should be designated. Then I tried
to have the name of Tung Fu-hsiang left out, in order to have him
and his soldiers to punish the others. I also urged the dismantling
instead of razing the Taku forts. But I was almost alone on all
these propositions, and to have insisted upon them would have
delayed indefinitely the negotiations. Therefore, in order to
facilitate negotiations, and secure the agreement of my colleagues
to other important propositions, so that negotiations might begin, I
yielded on these. If, therefore, the governments all approve and
authorize their representatives to sign, we ought to be ready to
meet the Chinese plenipotentiaries in a very few days. * *
Although the note inclosed has been definitely agreed upon, it is
possible that by the direction of some of the governments changes
may be necessary. Should this, however, occur, I will immediately
inform you.
I have the honor to be, etc.,
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[Inclosure.]
Translation of amended text.
During the months of May, June, July, and August of the present
year serious disturbances broke out in the northern provinces of
China, and crimes unheard of in human history, crimes against
the law of nations, against the laws of humanity, and against
civilization, were committed under particularly odious
circumstances. The principal of these crimes were the following:
- 1.
- On the 20th June H. E. Baron von Ketteler, minister of
Germany, proceeding to the tsungli yamen, was murdered
while in the exercise of his functions by soldiers of
the regular army acting under orders from their
chiefs.
- 2.
- The same day the foreign legations were attacked and
besieged, these attacks being continued without
interruption until the 14th of August, on which date the
army of foreign troops put an end to them. These
(attacks) were made by regular troops who joined the
Boxers and who obeyed orders of the court emanating from
the Imperial palace. At the same time the Chinese
Government was declaring officially, through its
representatives near the powers, that it guaranteed the
security of the legations.
- 3.
- A member of the legation of Japan, in the discharge of
an official mission, was killed by regulars at the gates
of the city. In Pekin and in several provinces
foreigners were assassinated, tortured, or were attacked
by Boxers and regular troops, and only owed their
salvation to their determined resistance. Their
establishments were pillaged and destroyed.
- 4.
- Foreign cemeteries, particularly in Pekin, have been
desecrated, the tombs opened, the remains
scattered.
These events led the foreign powers to send their troops to China
to protect the lives of their representatives and their
nationals and to restore order. In their march on Pekin the
allied forces met with the resistance of the Chinese armies and
had to overcome it by force.
China having recognized its responsibility, expressed its
regrets, and manifested the desire to see an end put to the
situation created by the disorders referred to, the powers have
resolved to accede to its request on the irrevocable conditions
enumerated below, which they deem indispensable to expiate the
crimes committed and prevent their recurrence.
1. (a) Dispatch to Berlin of an
extraordiary mission, led by an imperial prince, to express the
regrets of His Majesty the Emperor of China and of the Chinese
Government for the murder of his excellency the late Baron von
Kettler, minister of Germany.
(b) Erection on the place of the murder of
a commemorative monument worthy of the rank of the deceased,
bearing an inscription in the Latin, German, and Chinese
languages, expressing regrets of the Emperor of China for the
murder.
2. (a) Death penalty for Princes Tuan and
Chuang, Duke Lan, Yien Men, Kang Yi, Cnao Shu-chiao, Tung
Fu-hsiang, and Yu Hsien and those whom the representatives of
the powers shall later on designate. Exemplary punishment
proportionate to their crimes for the other personages named in
the imperial decree of September 25, 1900, and for those whom
the representatives of the powers shall later on designate.
(b) Suspension of all official
examinations for 5 years in all cities in which foreigners have
been massacred or have been subjected to cruel treatment.
3. An expiatory monument shall be erected by the Imperial Chinese
Government in each of the foreign or international cemeteries
which have been desecrated and in which the tombs have been
destroyed.
4. Maintenance, under conditions to be settled between the
powers, of the interdiction of the importation of arms as well
as of material for the manufacturing of arms and munitions.
5. Equitable indemnities for the governments, societies, and
individuals, as well as for the Chinese who have suffered during
the late events in person or property on account of their being
in the service of foreigners.
China shall adopt financial measures acceptable to the powers,
for the purpose of guaranteeing the payment of said indemnities
and the interest on loans.
6. Right for each power to organize a permanent guard for its
legation and to put the diplomatic quarter in a state of
defense. Chinese shall not have the right to reside in this
quarter.
7. The forts of Taku and those which could prevent free
communication between Pekin and the sea shall be razed.
8. Right to occupy militarily certain points, to be settled on by
an understanding between the powers, for keeping open
communication between the capital and the sea.
[Page 235]
9. The Chinese Government shall have posted during two years in
all subprefectures an imperial decree stating—
- (a)
- Perpetual prohibition, under pain of death, from
belonging to any antiforeign society;
- (b)
- Enumerating of the punishment which shall have been
inflicted on the guilty, together with the suspension of
all official examinations in the cities where foreigners
have been murdered or have been subjected to cruel
treatment;
- (c)
- An impartial edict shall be made and published
throughout the Empire declaring that the
governors-general and governors and all provincial or
local officials shall be responsible for order in their
jurisdiction, and that in case of fresh troubles or
other infractions of treaties and in case of acts of
hostility against foreigners which shall not have been
immediately repressed and the guilty persons punished,
these officers shall be at once removed from office and
may not be recalled to new functions or receive new
honors.
10. The Chinese Government pledges itself to negotiate the
amendments deemed useful by the foreign representatives to the
treaties of commerce and navigation and upon other subjects
relating to commercial relations, with the object of
facilitating them.
11. The Chinese Government pledges itself to reform the office of
foreign affairs and to modify the court ceremonial concerning
the reception of foreign representatives in the sense which the
powers shall indicate.
