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"In reply I have the honor to state to Your Highness that, in accord with my colleagues representing powers that still have delegates on the council of the Tientsin provisional government, I am authorized by my Government to consent to the dissolution of that body, provided that the Chinese Government signifies its adherence to the following propositions:

'By Article VIII of the final protocol of September 7, 1901, it was declared that the Chinese Government agreed to have the forts at Taku, and others which might interfere with free communication between Peking and the sea, demolished; and it was added that arrangements had been made for this purpose.

"The Chinese plenipotentiaries having expressed to the diplomatic body their desire to be relieved of the direct responsibility for carrying out this article, the representatives of the signatory powers intrusted the work to the Tientsin provisional government. It is In order therefore to insure the fulfillment of this article, not yet entirely completed.

I have the honor to propose to Your Highness that the work of demolition shall, from the moment of the dissolution of the Tientsin provisional government, be placed in the hands of the G. O. C.'s at Tientsin, the necessary funds being provided out of the moneys then remaining in the treasury of the Tientsin provisional government.

"By Article IX of the same protocol it is provided that the powers shall have the right of occupying certain points between Peking and the sea, of which the whole town of Tientsin is one. Consequently, after the dissolution of the Tientsin provisional government, foreign troops will continue as hitherto to be stationed there, in the places actually occupied by them, and their supplies of all sorts continuing, as at present, to be exempt from all taxes or dues whatsoever. They will have the right of carrying on field exercises and rifle practice, etc., without informing the Chinese authorities, except in the case of feux de guerre.

"It is desirable, however to avoid as far as possible occasions of collision between the foreign troops and those of China. I propose, therefore, that with this object the Chinese Government shall undertake not to station or march any troops within 20 Chinese li (6 2/3 English miles) of the city or of the troops stationed at Tientsin; further, in correspondence exchanged between the foreign representatives and the Chinese plenipotentiaries, of whom Your Highness was one, previous to the signature of the protocol, it was agreed that the jurisdiction of the commanders of the posts to be established along the line of communications should extend to a distance of 2 miles on either side of the railway, and this arrangement ought to be maintained as long as the line of posts specified in Article IX of the protocol continue to be occupied.

"I am willing, however, in concert with my colleagues, to consent that the viceroy should have the right of maintaining a personal bodyguard in the city of Tientsin not exceeding in number 300 men; and also that his excellency may maintain an efficient body of river police along the line of the river, even where it runs within the 2-mile limit above mentioned.

"The demolition of the forts implies an obligation upon China not to reconstruct them, and the same obligation applies to the walls of Tientsin city, which, during the troubles of 1900, were made use of as a fortification directed against the security of the foreign settlements. We can not, however, consent that the Chinese Government establish maritime defenses at the mouth of the Peiho at Chingwangtao or at Shanhaikuan.

"We propose that the accounts of revenue and expenditure of the Tientsin provisional government be audited by two competent persons, one to be chosen by the G. O. C.'s at Tientsin, the other by the viceroy, and the balance, after deduction of the sum required to complete the demolition of the forts, be handed over to the provincial treasury.

"Your Highness will no doubt think it right to agree that no Chinese subject who has been in the service of the Tientsin provisional government or of the foreign contingent shall be in any way molested on the ground of such service.

"Chinese subjects in the employ of the foreign forces on the lines of communication will be provided with certificates of identity. It appears to me necessary that the Chinese Government should admit that in case any such Chinese person commits an offense the commandant in whose service he is should have the right of punishing him or of handing him over to the Chinese authoritites as may, in his opinion, be best calculated to secure the ends of justice.

"The right of foreign troops to occupy summer quarters when necessary ought, in my opinion, to be recognized.

"A list of unexpired punishments imposed by the Tientsin provisional government will be furnished when that body is dissolved to the provincial government, which ought to undertake to carry them out. No action, either criminal or civil, adjudicated by the provisional government can ever be opened anew.

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The archives of the Tientsin provisional government I consider should be intrusted to the senior consul, and application can be made to him by any person entitled to consult them.

"As regards taxation. I consider that the inhabitants of the city and district should be regarded as having discharged their duty to the Chinese Government during the period of

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318

CHINA TREATIES AND AGREEMENTS

the continuance of the administration of the Tientsin provisional government and that no arrears ought to be demanded of them under this heading.

"Such are the proposals which I consider it my duty to place before Your Highness for the acceptation of the Chinese Government, and I have the honor to declare that I am ready to consent to the dissolution of the Tientsin provisional government four weeks after I receive from Your Highness an intimation that they are accepted. I have only further to request that Your Highness will be so good as to designate the official to whom formal delivery of the city and district can be made by the council of the Tientsin provisional government.

"I have, etc."

The understanding upon which the terms of this note were accepted by the Chinese Government was communicated to the American Minister in a note from Prince Ch'ing under date of July 18, 1902, of which the substance is (in translation) as follows:

"On the 10th of the sixth moon, twenty-eighth year of Kuang-hsu (July 14, 1902), I received a dispatch from certain ministers of the treaty powers, stating that in regard to the transfer of the city of Tientsin and the country adjacent to the jurisdiction of the viceroy of Chihli, these foreign ministers were agreed (of the same opinion). They also had had the honor of receiving the sanction of their respective governments for the abrogation of the provisional government, provided only that the Chinese Government should, first of all, distinctly consent to the conditions proposed, when they, on their part, would promise that in four weeks from the day on which consent was given, the provisional government of Tientsin should be abrogated. They therefore request that it be clearly pointed out to whom, when the time arrives, and into whose hands the provisional government should transfer Tientsin city and the country adjacent.

"I have carefully perused the dispatch with regard to the point that military posts should be established along the highway or line of communication from Pekin to the sea, with powers to control and punish, the distance to extend as far as two English miles on each side of the railroad.

"I would remark that according to the doyen, His Excellency Cologan's dispatch of the sixth moon, twenty-seventh year of Kuang-hsu (July, 1901), military control would only refer to offenses against the railroad, the telegraph lines, or against the allies or their property.

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As to the remaining articles I have no objection to make.

On the 13th of the current moon (July 17) I memorialized the Throne on the subject and had the honor of receiving the sanction of the Throne by imperial decree.

"Whereupon, I at once sent replies to the ministers of the treaty powers, in order that they might transmit the same to the provisional government of Tientsin, that the provisional government be abolished within four weeks, and the city of Tientsin and its adjacent country be returned to Chinese administration and handed over to the superintendent of the northern ports, who, at the head of the local officials, civil and military, will be there to receive it.

"Hereafter, whenever there is need for consultation, the foreign civil and military authorities can, from time to time, consult with his excellency the superintendent of northern ports, which, I hope, will be for the good of the place."

(For. Rel. of the U. S., 1902, p. 201.)

During the Revolution of 1911-12, the representatives of the Powers found it advisable to exercise the right of military control over the Peking-Mukden Railway from the capital to Shanhaikuan; and American, British, French, German, Italian and Japanese troops accordingly occupied allotted sections of the railway, between the points specified, in accordance with the following resolutions adopted by the Diplomatic Body at Peking and embodied in its circular No. 13A of January 26, 1912:

Resolutions of Diplomatic Body regarding Military Occupation of the Railway from Peking to Shanhaikwan.-January 26, 1912.

"1. That troops should be placed at important stations, bridges, etc., along the line of the railway. "2.-Both Chinese Imperial and Revolutionist troops are at liberty to utilize the railway line and adjoining piers and wharfage for the purposes of transportation, landing or embarkation and will not be interfered with.

"3.-Both parties will be notified to avoid any interference with the railway and to refrain from damaging it in any way. The Board of the Imperial Railways of North China will be requested to maintain at both Shanhaikuan and Tientsin a repair train loaded with suitable materials for repairing damages.

"4.-Any attempts to permanently damage important parts of the line, such as stations, depots, machinery, bridges, etc., will be resisted by the combined forces of the six Powers cooperating in the defense of the railway.

"5.-The Board of the Imperial Railways of North China will be requested to always keep ready at Shanhaikuan and Tientsin sufficient rolling stock to transport 250 infantry in order that reenforcements can rapidly be dispatched.

"6.-The telegraph offices are to be protected and telegraphic communication maintained. Chinese troops of either side may make use of the line.

"7.-Officers commanding posts and patrols should be informed of the conditions laid down in paragraphs 2, 3, 4, and 6 and told to do their best, with the forces at their disposal, to carry them out."

Note 6.

The final settlement of the question of the Indemnity is embodied in the following joint note addressed to the Prince of Ch'ing by the diplomatic representatives of Germany, Austria-Hungary, Belgium, Spain, France, Great Britain, Italy, Japan, the Netherlands and Russia, under date of July 2, 1905:

Exchange of Notes regarding Final Settlement of the Question of the Boxer

"YOUR HIGHNESS:

Indemnity.-July 2, 1905.

"PEKING, July 2, 1905.

"We have the honour to acknowledge the receipt of the letter which Your Highness was so good as to address to us on July 2, 1905, in answer to the Collective Note of the Representatives of the Powers, dated July 26, 1904, regarding the payment of the indemnity. "It is therein stated as follows: On July 26th last we had the honour to receive the Collective Note by which the Representatives of Germany, Austria-Hungary, Great Britain, Italy, Japan, the Netherlands and Russia made certain proposals to us for the regulating the payment of the indemnity.

"We have examined these proposals with the greatest care. After having discussed them several times both verbally and in writing with the Belgian and other Ministers, we are now in a position to submit to the Powers concerned and to ask them to be so good as to accept, a definitive arrangement respecting both the liquidation of the arrears and the payments to be made in future.

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Recognizing that the sum of 450,000,000 Taels constitutes a debt in gold, that is to say for each Haikwan Tael due to each of the Powers China must pay in gold the amount which is shown in Article VI of the Final Protocol as the equivalent of one Tael, we undertake: "1. To extinguish by means of a lump sum of 8,000,000 Protocol Taels, the whole of the debt incurred towards all the Powers collectively on account of the payment in silver during the years up to January 1, 1905. This lump sum shall be divided among the Powers in proportion to the amount of the sums which remained due to each of them on January 1, 1905. With regard to these sums, which are determined by converting the balance of each half year into gold and carrying it forward in Protocol Haikwan Taels we beg the Ministers to be so good as to let us know what they are, in order that they may be paid by telegraphic transfers to each Power direct, a fortnight after the present proposals have been accepted. These 8,000,000 Taels will bear interest at 4 per cent per annum from January 1, 1905, to the day of payment.

"2. To sign the national bonds as soon as the Powers have given their assent to our proposals.

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3. In future on the last day of each month, to pay equal monthly instalments of the whole of the sum payable each year for interest and sinking-fund, which is fixed by the sinking-fund tables attached to the respective national bonds, the Powers agreeing that China at the end of each half year may deduct interest at the rate of 4 per cent per annum on these instalments from the date on which they have been made to the last day of the half year. 'China will make these payments, calculated on the basis set forth above, which fixes the value of the Haikwan Protocol Tael in relation to the money of each country, either in silver, according to the price of silver on the London market, or in gold bills, or in telegraphic transfers, at the choice of each Power. China may obtain bills and telegraphic transfers as best suits her interests at any place and at any bank at the lowest price or by public tender, provided that the payments in gold be made to each Power direct on the due date. It is understood that China is responsible for the exact payment of the transfers and the bills. Each Power in accepting the present proposals must inform the Chinese Government which of the three methods cited above is the one it chooses 'till the debt is extinguished.

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4. As to the sums in silver which have been paid over to the Bankers' Commission between January 1, 1905, and the coming into force of the new arrangement regarding the indemnity, we propose that they should be repaid to the Shanghai Taotai. He will then

meet the instalments that have then fallen due, in accordance with the methods set forth above, with deduction of interest at 4 per cent per annum from the day the payment shall have been re-effected, up to the date of the next half yearly payment.

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'We beg Their Excellencies the Ministers of the Powers to inform us as soon as possible whether their Governments accept our proposals.'

"We have submitted these proposals to our respective Governments, who after examining them in a conciliatory spirit, have assented to them.

"We therefore have the honor to inform Your Highness that we all accept the definite arrangement of the question of the indemnity proposed in your letter of today.

It is understood that Article 4 of the present agreement shall be applied in an equitable manner.

"Your Highness will find attached a table setting forth the division of the 8,000,000 taels which you have expressed the desire to receive.

"

A. v. MUMM.

A. ROSTHORN.
E. DE GAIFFIER.
MANUEL DE CARCER.

M. DUBAIL.
ERNEST SATOW.
C. BAROLI.

Y. UCHIDA.

A. J. CITTERS.

D. POKOTILOW."

Amount due each power from the sum of 8,000,000 protocol taels.

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(Translation, as printed in For. Rel. of the U. S., 1905, p. 156, from French original.)

In reply to a request, by the signatories of this collective note, to be informed whether the Government of the United States would accept the proposals of the Chinese Government as embodied therein, the American Minister replied under date of July 2, 1905, as follows:

"MESSIEURS LES MINISTRES ET

MONSIEUR LE CHARGÉ D'AFFAIRES:

"I have the honor to acknowledge the receipt of your joint letter which you have been pleased to address me under date of today, and in which you communicate to me the notes exchanged by you and the Chinese Government with the object of a final settlement of the question of the indemnity in the Final Protocol of 7th September, 1901.

"I am pleased to inform you that I accept in the name of my Government the proposals of the Chinese Government as stated in these two notes.

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'Please accept, Excellencies and Monsieur, the assurance of my highest consideration. (Sgd.) 'W. W. ROCKHILL. "A LL. EE. MM. LES MINISTRES

D'ALLEMAGNE, DE GRANDE BRETAGNE, DE JAPON,
DE FRANCE, DES PAYS-BAS, DE Belgique, d'Italie,
D'ESPAGNE ET DE RUSSIE; ET M. LE CHARGÉ
D'AFFAIRES D'AUTRICHE-HONGRIE."

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