Mr. Jackson to Mr. Hay.

No. 1414.]

Sir: Referring to previous correspondence, in particular to my dispatch * * * * 1407, of the 22d instant, I have the honor to transmit herewith a copy of a memorandum which was read to me at the foreign office by Baron Richthofen this afternoon. * * * As it is, however, almost entirely a repetition of what I have already reported, I do not think it necessary to communicate with you in regard to it by cable.

I have, etc.,

Jno. B. Jackson.
[Inclosure—Translation.]

Memorial in reply to the memorandum of the chargé d’affaires of the United States of America, dated 22d instant.

To Part I: Under date of the 8th instant the foreign office addressed the following note to the Imperial Chinese legation at Berlin:

“In note of the 4th instant the Imperial Chinese legation sent a communication to the foreign office, which in brief contains the following:

“‘That the Imperial Chinese legation had received from the Imperial Chinese legation in London a telegram from the viceroy, Li Hung Chang, stating that the latter had received from Provincial Treasurer Pin at Paoting-Fu a telegram concerning a written communication from the members of the council-of-state, and that in said communication mention was made of an edict of the Emperor of China expressing the hope (expectation) that Li Hung Chang would without delay begin and conclude peace negotiations with the powers.’

“The foreign office has to reply to the above, as follows:

“‘The Imperial Government can negotiate only with the supreme power in China. Hitherto the Imperial Government has only been aware of the supreme power in China being vested in the Emperor, Tsai-tien, and the Empress Dowager temporarily [Page 337] appointed to represent him as regent. Where and in whom the legally constituted authority of governing the Chinese Empire is vested at the present time is a matter which first of all must be satisfactorily demonstrated to the Imperial Government. Acting on the presumption that the Emperor and Empress Dowager still wield the supreme power, His Majesty’s Government can negotiate only with such Chinese, commissioners as are in possession of satisfactory written authority conferred by the Emperor and Empress Dowager. Proof of such authority is not furnished either by the note of the Imperial Chinese legation or by earlier communications from said legation. At the proper time the Chinese commissioners will have to submit their credentials in China to Mr. Mumm von Schwarzenstein, ambassador of His Majesty the Emperor, and it will be his duty to test the same and then await the decision of the Imperial Government whether those who present themselves as commissioners shall, from their credentials as well as from their personality, be recognized as empowered representatives. The Imperial ambassador and the Imperial Government will herein consult the other allied powers.

“‘Meanwhile the Imperial Chinese Government is earnestly and emphatically counseled, in its own interest, to do all that is possible, without delay and without awaiting the outcome of negotiations, to smooth the way to pacification and order, and more particularly to devote its energies to causing a cessation of hostile acts on the part of China.’”

Replying to later communications from the Chinese legation at Berlin touching the question of recognition of Prince Tsching and of Governor-General Li Hung Chang as plenipotentiaries of the Chinese Government, the foreign office has always made reference to the above-mentioned note.

To Part II: Of three Russian inquiries, the first was answered by the Imperial Government to the effect that the Imperial Government continued to adhere to its previous declaration, viz, to remove its embassy from Pekin at whatever time and in whatever proportion this was done by the other powers.

In answer to the second and third inquiries of Russia, the German circular quoted in Part III was referred to, in which the Imperial Government declared its participation in negotiations with those empowered by the Chinese Government a impracticable (even if proper credentials were presented) until the preliminary question of punishment of the Chinese criminals had been settled.