Note 3. The apportionment of this indemnity among the several Powers was fixed by a protocol of June 14, 1902, of which the translation (from the French text as printed in Négotiations de Pékin, 1900-1902: IIme Partie, p. LVII) is as follows: Protocol regarding Apportionment of the Boxer Indemnity.-June 14, 1902. "The representatives of the Foreign Powers signatory to the Final Protocol, assembled at a meeting on June 14, 1902, have declared that they accept, each in so far as concerns his own Government, the division of the indemnity of 450,000,000 taels in accordance with the following list: Germany "Percentage Amount in Taels "Austria-Hungary .88976 4,003,920 1.88541 8,484,345 "Spain .03007 135,315 "United States 7.31979 32,939,055 "France 15.75072 70,878,240 "Great Britain 50,620,545 66 Portugal .02050 92,250 50,712,795 "Italy "The Netherlands "Russia "International Claims "Sweden and Norway Grand Total "For Germany Austria-Hungary M. CZIKANN. 5.91489 26,617,005 7.73180 34 793,100 782,100 149,670 212,490 .01396 62,820 A. v. MUMM. Belgium United States E. DE CARTIER. France Great Britain MANUEL DE CARCER. E. H. CONGER. As, upon final adjudication by the American authorities, it was found that the claims in behalf of American nationals totaled less than the amount of the indemnity apportioned to the United States, a Joint Resolution (Public Resolution No. 29) to provide for the remission of a portion of the Chinese indemnity was passed by the Congress of the United States, and approved by the President on May 25, 1908, in the following terms: Joint Resolution providing for Remission of a Portion of American Share of Boxer Indemnity.-May 25, 1908. "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized to consent to a modification of the bond for twenty-four million four hundred and forty thousand seven hundred and seventy-eight dollars and eighty-one cents, dated December fifteenth, nineteen hundred and six, received from China pursuant to the protocol of September seventh, nineteen hundred and one, for indemnity against losses and expenses incurred by reason of the so-called Boxer disturbances in China during the year nineteen hundred, so that the total payment to be made by China under the said bond shall be limited to the sum of thirteen million six hundred and fifty-five thousand four hundred and ninety-two dollars and sixty-nine cents and interest at the stipulated rate of four per centum per annum, and that the remainder of the indemnity to which the United States is entitled under the said protocol and bond may be remitted as an act of friendship, such payments and remission to be at such times and in such manner as the President shall deem just: Provided, That within one year from the passage of this resolution any person whose claim upon the Chinese indemnity, nineteen hundred, was presented to the United States commissioners or to the Department of State and disallowed in whole or in part may present the same by petition to the Court of Claims, which court is hereby invested with jurisdiction to hear and adjudicate such claim, without appeal, and to render such judgments de novo, or in addition to any allowance or allowances heretofore made, as, in each case shall be fully and substantially compensatory for actual losses and expenses of the claimant caused by the antiforeign disturbances in China during the year nineteen hundred, excluding merely speculative claims or elements of damage: And provided also, That the sum of two million dollars be reserved from the Chinese indemnity, nineteen hundred, for the payment of such judgments, the same to be paid by the Treasurer of the United States as and when they shall be certified to the Secretary of the Treasury by the said court, and any balance remaining after all such claims have been adjudicated and paid shall be returned to the Chinese Government in such manner as the Secretary of State shall decide, and the Secretary of the Treasury is hereby authorized and directed to so return the same: And provided further, That all evidence furnished by the claimants, and statements made by them to the said commissioners or to the Department of State, shall be transmitted by the said Department to the said Court of Claims and considered together with such other additional testimony as may be presented by either side, and the Government of the United States shall defend the said claims in the said court by such attorney or attorneys as may be designated for such service by the Attorney-General of the United States: Provided further, That in no case shall the Court of Claims award a principal sum to any claimant which, together with the principal sums said claimant may have already received by decision of the United States commissioners and the Department of State, shall exceed the amount originally claimed by said claimant. "Approved, May 25, 1908." (For. Rel. of the U. S., 1908, p. 65.) In pursuance of this Resolution, the President on December 28th, 1908, issued the following Executive Order: Executive Order in regard to Remission of a Portion of American Share of Boxer Indemnity. December 28, 1908. "Pursuant to the authority of the joint resolution of Congress to provide for the remission of a portion of the Chinese indemnity, approved May 25, 1908, I hereby consent to a modification of the bond for $24,440,778.81, dated December 15, 1906, received from China pursuant to the protocol of September 7, 1901, for indemnity against losses and expenses incurred by reason of the so-called Boxer disturbances in China during the year 1900, so that the total payment to be made by China under the said bond shall be limited to the sum of $13,655,492.69 and interest at the stipulated rate of 4 per cent per annum, and that the remainder of the indemnity to which the United States is entitled under the said protocol and bond be remitted as an act of friendship, such payment and remission to be made at the time and in the manner hereinafter provided, which I deem to be just, that is to say: 'In accordance with the plan of amortization annexed to the original indemnity bond, the amounts payable hereafter by China to the United States would be as set forth in the schedule annexed hereto marked 'Schedule A,' and identified by the signature of the Secretary of State. "I have caused an account to be made by the Treasury Department in which the payments already made under the original bond are credited as against a debt of $13.655,492.69 with interest at 4 per cent per annum beginning July 1, 1901, in lieu of the original sum specified in the bond and I find that after such credits, and including in such credits the sum of $85,223.04, which it is assumed will be paid on the 1st day of January, 1909, there will remain on that day to be paid and retained by the United States in satisfaction of the sum of $13,655,492.69 and interest thereon, the sum of $9,644,367.60. It also appears by the said new account that the payment to and retention by the United States of the sums specified in the paper hereto attached, marked Schedule B' and identified by the signature of the Secretary of State, will satisfy the principal and interest of the said sum of $9,644,367.60 by the end of the period contemplated in the original plan of amortization. And I direct that after the said 1st day of January, 1909, from the several payments made under the said bond of December 15, 1906, in accordance with Schedule A, there be retained and paid into the Treasury of the United States only the sums specified in Schedule B; and that the remainder of the said several payments so made by China in accordance with Schedule A over and above the sums specified by Schedule B be returned by indorsing back the drafts therefor, or otherwise, and thus remitted to the Government of China. The sums to be so returned in each year will be as stated in the paper hereto attached marked Schedule C,' identified by the signature of the Secretary of State. "The provision contained in the original bond for an adjustment of interest because payments are made monthly instead of semiannually will continue to be applicable to the payments of the sums specified in Schedule B. "In witness whereof, I have caused the seal of the United States to be hereunto affixed. "Done at Washington, this twenty-eighth day of December, one thousand nine hundred and eight. [SEAL] "By the President: 66 'ELIHU ROOT, "THEODORE ROOSEVELT. " Secretary of State." "SCHEDULE A "Schedule A referred to in the Executive order of the President, dated December 28, 1908. "ELIHU ROOT. "Secretary of State." "SCHEDULE B. "Schedule B referred to in the Executive order of the President, dated December 28, 1908. 'ELIHU ROOT, "Secretary of State." 66 1908. Schedule C referred to in Executive order of the President dated December 28, (For. Rel. of the U. S., 1908, p. 72.) "ELIHU ROOT, Secretary of State." Exchange of Notes regarding American share of Boxer Indemnity. The note of the American Minister, communicating the purport of the Resolution to the Wai-wu Pu, under date of July 11, 1908, and the replies thereto, under date of July 14, 1908, are herewith quoted from For. Rel. of the U. S., 1908, p. 67: "YOUR HIGHNESS: It is with great satisfaction that I have the honor to inform your highness, under direction of the Secretary of State of the United States, that a bill has passed the Congress of the United States authorizing the President to modify the indemnity bond given the United States by China under the provisions of Article VI of the final protocol of September 7, 1901, from $24,440,000 United States gold currency to $13,655,492.29, with interest at 4 per cent per annum. Of this amount $2,000,000 are held pending the result of hearings on private claims presented to the Court of Claims of the United States within one year. Any balance remaining after such adjudication is also to be returned to the Chinese Government in such manner as the Secretary of State shall decide. 'The President is further authorized under the bill to remit to China the remainder of the indemnity as an act of friendship, such payments and remissions to be made at such times and in such a manner as he may deem just. "I am also directed by the Secretary of State to request the Imperial Government kindly to favor him with its views as to the time and manner of the remissions. Trusting that your imperial highness will favor me with an early reply to communicate to my Government, I avail, etc. 66 "W. W. ROCKHILL." "FOREIGN OFFICE, Peking, July 14, 1908. "YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your dispatch of July 11, informing me that you had been directed by the Secretary of State to notify me that a bill has passed the Congress of the United States authorizing the President to modify the indemnity bond given the United States by China under the provision of Article VI of the final protocol of September 7, 1901, from $24,440,000 United States gold currency, to $13,665,492.29, with interest at 4 per cent per annum. Of this amount $2,000,000 are held pending the result of hearings on private claims presented to the Court of Claims of the United States within one year. Any balance remaining after such adjudication is also to be returned to the Chinese Government in such manner as the Secretary of State shall decide. The President is further authorized under the bill to remit to China the remainder of the indemnity as an act of friendship, such payments to 315 be made at such times and in such a manner as he may deem just. As directed by the Secretary of State, your excellency requests the Imperial Government kindly to favor him with its views as to the time and manner of the remissions, and asks an early reply to communicate to your excellency's Government. "On reading this dispatch I was profoundly impressed with the justice and great friendliness of the American Government, and wish to express our sincerest thanks. 66 It relies imConcerning the time and manner of the return to China of the amounts to be remitted, the Imperial Government has no wishes to express in the matter. plicitly on the friendly intentions of the United States Government, and is convinced that it will adopt such measures as are best calculated to attain the end it has in view. "The Imperial Government, wishing to give expression to the high value it places on the friendship of the United States, finds in its present action a favorable opportunity for doing so. Mindful of the desire recently expressed by the President of the United States to promote the coming of Chinese students to the United States to take courses in the schools and higher educational institutions of the country, and convinced by the happy results of past experience of the great value to China of education in American schools, the Imperial Government has the honor to state that it is its intention to send henceforth yearly to the United States a considerable number of students there to receive their education. The board of foreign affairs will confer with the American minister in Peking concerning the elaboration of plans for the carrying out of the intention of the Imperial Government. A necessary dispatch. "[Seal of the Wai Wu Pu.]" "The Foreign Office to Minister Rockhill. " (Translation.) "FOREIGN OFFICE, 'Referring to the dispatch just sent to your excellency regarding sending students to America, it has now been determined that from the year when the return of the indemnity begins 100 students shall be sent to America every year for four years, so that 400 students may be in America by the fourth year. From the fifth year and throughout the period of the indemnity payments a minimum of 50 students will be sent each year. 66 As the number of students will be very great there will be difficulty in making suitable arrangements for them. Therefore in the matter of choosing them, as well as in The details of the matter of providing suitable homes for them in America and selecting the schools which they are to enter we hope to have your advice and assistance. our scheme will have to be elaborated later, but we take this occasion to state the general features of our plan and ask you to inform the American Government of it. We sincerely hope that the American Government will render us assistance in the matter. Wishing you all prosperity, 66 "PRINCE OF CH'ING. Note 4. The administration of the Diplomatic Quarter thus reserved was provided for by the Diplomatic Body by a Protocol, under date of June 13, 1904, of which the translation (as communicated by the American Legation to the Department of State for approval) is as follows: Protocol regarding Legation Quarter at Peking.-June 13, 1904. "The undersigned representatives of the Powers signers of the Final Protocol of the 7th of September, 1901, in view of Article VII of the said Protocol, by which the Chinese Government has admitted that the quarter occupied by the Legations should be considered as a quarter specially reserved for their usage, placed under their exclusive police where Chinese would not have the right to live, and which might be put into a state of defense, and in view of the plan fixing the limits of this quarter in accordance with the Protocol, have agreed on what follows: "1.-The possession of the land indicated by having their name inscribed on the map made for that purpose, and annexed to this Protocol, is conceded to each Legation, also to the Imperial Maritime Customs, to each foreign association, and to all private individuals. "2.-All land included between the limits of the quarter and the defensive walls marked |