XXXV. If the exact and published accounts of receipts and expenditures show a balance of receipts over expenses, the taxes mentioned in Article XXX shall be proportionately reduced by the Board and the Consular Body at Shanghai acting conjointly. The eventual reduction shall apply in the same proportion to the contribution of the Chinese Government referred to in paragraph e of Article XXX. XXXVI. At the expiration of the first term of three years the signatories shall examine conjointly whether the provisions contained in the present annex require revision. A new revision can take place every three years under the same conditions. XXXVII. The regulations of the Board within the limits provided for in Article XIII, and subject to the approbation of the Consular Body at Shanghai, shall be binding on all foreigners. Done at Peking September 7th, 1901. A. D'ANTHOUARD. B. KROUPENSKY. G. BOHLEN-HALBACH. ANNEX NO. 18. IMPERIAL EDICT of the 24th July, 1901 (Translation). The 9th day of the 6th moon the Grand Chancellery received the following Edict: "The creation of offices and the determination of their duties has until now been regulated by the requirements of the times. Now, at the present time, when a new treaty of peace is concluded, international affairs take the first place among important business, and it is more than ever necessary to have recourse to competent men to devote themselves to all that relates to establishing friendly relations and confidence in speech. "The Office of Foreign Affairs, formerly created to treat international questions, has been in existence, it is true, for years, but, in view of the Princes and Ministers composing it only discharging for the most part their functions accessorily with others, they could not devote themselves to them exclusively. It is naturally, therefore, proper to create special functions, so that each one may have his particular attributions. "We command, in consequence, that the Office of Foreign Affairs (Tsungli-ko kuo shih-wu ya-men) be changed into a Ministry of Foreign Affairs (Wai-wu Pu) and take rank before the six Ministries. And we designate YI-K'UANG, Prince Ch'ing of the first rank, as President of the Ministry of Foreign Affairs. "WANG WEN-SHAO, Grand Secretary of State of the Ti-jen Ko, is appointed Assistant-President of the Ministry of Foreign Affairs. CH’Ü HUNG-CHI, President of the Board of Works, is transferred with the same rank to the Ministry of Foreign Affairs, in which he is appointed Assistant President. HSÜ SHOU-P'ENG, Director of the Imperial Stud, and LIEN-FANG, Expectant Metropolitan Subdirector of the third or fourth rank, are appointed first and second Directors (or Assistant Secretaries). As regards the fixing of the personnel, the rules to be followed in its choice, the salaries to be given the Ministers, Directors, and other Agents, We command the Councilors of State to come to an agreement with the Board of Civil Office and to promptly submit to Us their conclusions in a report. "Respect this." Correct copy. A. D'ANTHOUARD. ANNEX NO. 19. MEMORANDUM on the ceremonial to be followed in solemn audiences. 1o. Solemn audiences to be given by His Majesty the Emperor of China to the Diplomatic Body or to Representatives of the Powers separately shall take place in the palace hall called "Ch'ien-ch'ing Kung." 2o. In going to or coming back from these solemn audiences the Representatives of the Powers shall be carried in their sedan chairs as far as outside of the Ching-yun gate. At the Ching-yun gate they will get out of the sedan chair in which they have come and will be carried in a little chair (i chiao) as far as the foot of the steps of the Ch'ien-ch'ing gate. On arriving at the Ch'ien-ch'ing gate the Representatives of the Powers shall get out of their chairs, and shall proceed on foot into the presence of His Majesty in the Ch'ien-ch'ing Kung hall. When departing the Representatives of the Powers shall return to their residences in the same manner as that in which they arrived. 3°. When a Representative of a Power shall have occasion to present to His Majesty the Emperor his letters of credence or a communication from the Head of the State by whom he is accredited, the Emperor shall cause to be sent to the residence of said Representative, to bear him to the Palace, a sedan chair with yellow trimmings and tassels, such as are used by the Princes of the Imperial family. The said Representative shall be taken back to his residence in the same manner. An escort of troops shall likewise be sent to the residence of said Representative to accompany him going and returning. 4°. When presenting his letters of credence or communication from the Head of the State by whom he is accredited, the Diplomatic Agent, while bearing said letters or communications, shall pass by the central openings of the Palace doors until he has arrived in the presence of His Majesty. On returning from these audiences he will comply, as regards the doors by which he may have to pass, with the usages already established at the Court of Peking for audiences given to Foreign Representatives. 5°. The Emperor shall receive directly into his hands the letters and com munications above mentioned which the Foreign Representatives may have to hand to him. 6°. If His Majesty should decide upon inviting to a banquet the Representatives of the Powers it is well understood that this banquet shall be given in one of the halls of the Imperial Palace and that His Majesty shall be present in person. 7°. In brief, the ceremonial adopted by China as regards Foreign Representatives shall, in no case, be different from that which results from perfect equality between the Countries concerned and China, and without any loss of prestige on one side or the other. Correct copy. A. D'ANTHOUARD. B. KROUPENSKY. G. BOHLEN-HALBACH. Note 1. In connection with this Protocol, see Russo-Chinese Convention in regard to Manchuria, April 8, 1902 (No. 1902/3) and Anglo-Chinese Agreement for the restoration of the Peking-Shanhaikuan Railway, April 29, 1902 (No. 1902/4, post). Consult also For. Rel. of the U. S., 1900, and 1901 (Appendix); Moore's Digest of International Law, vol. 5, pp. 476-534; China, Nos. 3 and 4 (1900) and Nos. 1 to 7 (1901). During the so-called Boxer disturbances, Secretary Hay defined the attitude of the American Government in the following telegraphic circular to American diplomatic representatives for communication to the Governments concerned, under date of July 3, 1900: Secretary Hay's Circular concerning the Boxer Crisis.-July 3, 1900. "DEPARTMENT OF STATE, "In this critical posture of affairs in China it is deemed appropriate to define the attitude of the United States as far as present circumstances permit this to be done. We adhere to the policy initiated by us in 1857 of peace with the Chinese nation, of furtherance of lawful commerce, and of protection of lives and property of our citizens by all means guaranteed under extraterritorial treaty rights and by the law of nations. If wrong be done to our citizens we propose to hold the responsible authors to the uttermost accountability. We regard the condition at Peking as one of virtual anarchy, whereby power and responsibility are practically devolved upon the local provincial authorities. So long as they are not in overt collusion with rebellion and use their power to protect foreign life and property, we regard them as representing the Chinese people, with whom we seek to remain in peace and friendship. The purpose of the President is, as it has been heretofore, to act concurrently with the other Powers; first, in opening up communication with Peking and rescuing the American officials, missionaries, and other Americans who are in danger; secondly, in affording all possible protection everywhere in China to American life and property; thirdly, in guarding and protecting all legitimate American interests; and fourthly, in aiding to prevent a spread of the disorders to the other provinces of the Empire and a recurrence of such disasters. It is of course too early to forecast the means of attaining this last result; but the policy of the Government of the United States is to seek a solution which may bring about permanent safety and peace to China, preserve Chinese territorial and administrative entity, protect all rights guaranteed to friendly Powers by treaty and international law, and safeguard for the world the principle of equal and impartial trade with all parts of the Chinese Empire. 66 You will communicate the purport of this instruction to the Minister for Foreign Affairs. “Hay.” 66 (For. Rel. of the U. S., 1901, Appendix re Affairs in China," p. 12.) For the replies of the several Powers thus addressed, see Moore's Digest of International Law, vol. 5, p. 482, or Am. Journal of Int. Law, Supplement, 1907, p. 386. Note 2. The following are translations (as printed in Rockhill, 63-66) of the Joint Note referred to in the preamble to the Protocol (p. 279), and of the reply thereto : Joint Note regarding Conditions for Re-establishment of normal relations between China and the Powers.-December 22, 1900, and January 16, 1901. "(1) Joint note signed by the diplomatic representatives at Peking of Germany, AustriaHungary, Belgium, Spain, the United States, France, Great Britain, Italy, Japan, the Netherlands, and Russia, embodying conditions for reestablishment of normal relations with China: Signed at Peking December 22, 1900; handed to the Chinese Plenipotentiaries, Yi K'uang (Prince Ch'ing) and Li Hung-chang, on December 24, 1900. "[Translation from French.] "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: "1. On the 20th of June His Excellency Baron von Ketteler, German Minister, proceeding 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. 2. The same day the foreign legations were attacked and besieged. These attacks continued without intermission until the 14th of 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. "3. The 11th of 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. "4. 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 irrevocable conditions enumerated below, which they deem indispensable to expiate the crimes committed and to prevent their recurrence: "1. (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. "2. (a) The severest punishment in proportion to their crimes for the persons designated in the Imperial decree of September 25, 1900, and for those whom the Representatives of the Powers shall subsequently designate. (b) Suspension of all official examinations for five years in all the towns where foreigners have been massacred, or have been subjected to cruel treatment. 3. Honorable reparation shall be made by the Chinese Government to the Japanese Government for the murder of Mr. Sugiyama, Chancellor of the Japanese Legation. "4. 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 graves have been destroyed. 5. 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. “6. Equitable indemnities for governments, societies, companies, and private individuals, as well as for Chinese who have suffered during the late events in person or in 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. "7. 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. "8. The Taku and other forts, which might impede free communication between Peking and the sea, shall be razed. "9. 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. "10. (a) The Chinese Government shall cause to be published during two years in all subprefectures an Imperial decree embodying: 66 society; Perpetual prohibition, under pain of death, of membership in any antiforeign 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. "(b) 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 and forever prohibited from holding any office or honors. "11. 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. "12. 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. Until the Chinese Government have complied with the above to the satisfaction of the Powers, the Undersigned can hold out no expectation that the occupation of Peking and the province of Chihli by the general forces can be brought to a conclusion. 66 "Peking, December 22, 1900. '(2) Reply of the Chinese Plenipotentiaries to the joint note of December 22, 1900; Peking, January 16, 1901. "[Translation.] "Under date of December 24, 1900, the Plenipotentiaries of Germany, AustriaHungary, Belgium, Spain, the United States, France, Great Britain, Italy, Japan, the Netherlands, and Russia, have sent Us the following Note: [The Joint Note is here quoted textually and in its entirety]: "We hastened to transmit the full text of this note to His Majesty the Emperor who, having taken cognizance of it, rendered the following decree: 66 6 We have taken cognizance of the whole of the telegram of Yi K'uang and Li Hung-chang. It behooves Us to accept, in their entirety, the twelve articles which they have submitted to Us.' Consequently, we, Ch'ing, Prince of the first rank, Plenipotentiary, President of the Council of Foreign Affairs, and Li, Earl of the first rank, Su-yi, Plenipotentiary, Tutor to the Heir Apparent, Grand Secretary of the Wen-hua tien Throne Hall, Minister of Commerce, Superintendent of trade for the northern ports, Governor General of Chih-li, "Declare that we accept in their entirety the twelve articles which we have been requested to insure the transmission of to His Majesty the Emperor. In witness of which we have signed the present protocol and we transmit to the foreign Plenipotentiaries a copy of the Edict of His Majesty the Emperor, bearing the Imperial Seal. "It is understood that in case of disagreement, the French text shall be authoritative. 'PEKING, 16 January, 1901. (Signed) [L. S.] 'YI K'UANG (Prince Ch'ing). "LI." |