Mr. Conger to Mr. Hay.
(Mr. Conger states that he communicates below the full text of the note as amended, and that day finally agreed upon for the sake of immediate and unanimous action. He adds that his colleagues will agree to the present wording if the United States Government insists, although the majority of them prefer to retain the word “irrevocable.” As any further changes or delays will jeopardize negotiations, he asks prompt reply, and, if possible, instructions to sign.)
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 unprecedented in human history—crimes against the law of nations, against the laws of humanity, and against civilization—were committed under peculiarly odious circumstances. The principal of these crimes were the following:
- First. On the 20th June, His Excellency Baron von Ketteler, German minister, pioceeding to the Tsungli yamen, was murdered while in the exercise of his official duties by soldiers of the regular army acting under orders of their chiefs.
- Second. The same day the foreign legations were attacked and besieged; these attacks continued without intermission until the 14th August, on which date the arrival 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 officially declared by its representatives abroad that it guaranteed the security of the legations.
- Third. The 11th June Mr. Sugiyama, chancellor of the legation of Japan, in the discharge of an official mission, was killed by regulars at the gates of the city. At Peking and in several provinces foreigners were murdered, tortured, or attacked by Boxers and regular troops, and only owed their safety to their determined resistance. Their establishments were pillaged and destroyed.
- Fourth. Foreign cemeteries, at Peking especially, were
desecrated, the graves opened, the remains scattered abroad.
These events led the foreign powers to send their troops to
China in order to protect the lives of their representatives and
their nationals and to restore order. During their march to
Peking the allied forces met with the resistance of the Chinese
armies and had to overcome it by force. China having recognized
her responsibility, expressed her regrets, and manifested the
desire to see an end put to the situation created by the
disturbances referred to, the powers have decided to accede to
her request on the conditions enumerated below, which they deem
absolutely indispensable to expiate the crimes committed and to
prevent their recurrence:
- (a)
- Dispatch to Berlin of an extraordinary mission, headed 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 Ketteler, German minister.
- (b)
- Erection on the place where the murder was committed of a commemorative monument, suitable to the rank of the deceased, bearing an inscription in the Latin, German, and Chinese languages expressing the regrets of the Emperor of China for the murder.
- (c)
- The severest punishment for the persons designated in the imperial decree of September 25, 1900, and for those whom the representatives of the powers shall subsequently designate.
- (d)
- Suspension of all official examinations for five years in all the towns where foreigners have been massacred or have been subjected to cruel treatment.
Honorable reparation shall be made by the Chinese Government to the Japanese Government for the murder of Mr. Sugiyama, chancellor of the Japanese legation.
An expiatory monument shall be erected by the Imperial Chinese Government in [Page 353] each of the foreign or international cemeteries which have been desecrated and in which the graves have been destroyed.
Maintenance, under conditions to be settled between the powers, of the prohibition of the importation of arms, as well as of material used exclusively for the manufacturing of arms and ammunition.
Equitable indemnities for governments, societies, companies, and individuals, as well as for the Chinese who have suffered in person or property in consequence 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 and amortization of the loans.
Right for each power to maintain a permanent guard for its legation and to put the legation quarter in a defensible condition. Chinese shall not have the right to reside in this quarter.
The Taku and other forts which might impede free communication between Peking and the sea shall be razed.
Right of military occupation of certain points, to be determined by an understanding between the powers, for keeping open communication between the capital and the sea.
The Chinese Government shall cause to be published during two years in all sub-prefectures an Imperial decree embodying perpetual prohibition, under pain of death, of membership in any antiforeign society, enumeration of the punishments which shall have been inflicted on the guilty, together with the suspension of all official examinations in the towns where foreigners have been murdered or have been subjected to cruel treatment.
An Imperial decree shall be issued and published everywhere in the Empire declaring that all governors-general, governors, and provincial or local officials shall be responsible for order in their respective jurisdictions, and that whenever fresh antiforeign disturbances or any other treaty infractions occur which are not forthwith suppressed and the guilty persons punished, they, the said officials, shall be immediately removed from office and forever prohibited from holding any office or honors.
The Chinese Government will undertake to negotiate the amendments to the treaties of commerce and navigation considered useful by the powers, and upon other subjects connected with commercial relations, with the object of facilitating them.
The Chinese Government shall undertake to reform the office of foreign affairs, and to modify the court ceremonial relative to the reception of foreign representatives in the manner which the powers shall indicate.