ARTICLE 18.

The Company's shares are held partly by Chinese and partly by foreigners. If before the expiration of the 50 years term, Chinese shareholders should acquire of the mining companies shares, then the Bureau of Mines will have the right of taking over the mines with the works and buildings appertaining to them, on condition of redeeming the outstanding shares at the price stated in a previous article, and of buying up the "free shares" at a price equal to 20 times the average dividend for the previous years.

ARTICLE 19.

Machinery and materials required at the mines will pay Customs duties according to the tariff, but will be exempted from likin duties in the interior.

ARTICLE 20.

The mines belong to China, and in case of war with any power, the mining companies must obey the orders of the Chinese Government and not render assistance to the enemy.

ARTICLE 21.

The Hua yu Co. and the Cie d'Orient must both comply with all regulations now in force which have been presented by the Central Board of Mines.

ARTICLE 22.

The present agreement is to be executed in six parts, both in Chinese and in French, when the Viceroy has procured its ratification he will delegate officials to sign the agreement in company with (the representatives of) the company. Of the six copies, one will be handed to the French Consul, one to the Cie d'Orient, one to the Hua yu Company, one will be delivered to the Viceroy to be filed by him, and two copies will be forwarded to the Foreign Office and the Board of Railways and Mines respectively. In case of doubt the Chinese text is to prevail.

No. 61.

CHINA.

PREVENTION OF ANTI-CHRISTIAN RIOTS.

IMPERIAL DECREE OF JUNE 12, 1891.

[Translation.]

The Tsung-li Yamên has memoralized Us in regard to the missionary cases that have occurred in the various provinces, asking that we issue stringent instructions to the Governors-General and Governors to lose no time in devising means for a settlement thereof. It is represented by the Yamên that in the month of May the missionary premises (Catholic) at Wu-hu, in the province of Ngan-hui, were fired and destroyed by a mob of outlaws. At Tan-yang Hsien, in the province of Kiang-su, and at Wu-hsüeh, in the province of Hu-peh, similar outrages have been committed on missionary establishments there, and it is now necessary that the miscreants should be arrested and unrelenting measures taken in good time to provide against further outrages of this kind.

The propagation of Christianity by foreigners is provided for by treaty, and Imperial decrees have been issued to the provincial authorities to protect the missionaries from time to time. For years peace and quiet have prevailed between Chinese and foreigners. How is it that recently there have been several missionary establishments burnt out and destroyed, and all happening at about the same time? This is decidedly strange and incredible. It is evident that among the rioters there are some powerful outlaws, whose object is to secretly contrive and plan to fan discontent among the people by circulating false rumors and causing them to become agitated and excited, and then to avail themselves of the opportunity to rob and plunder, and peaceable and law-abiding persons are enticed and led to join them, resulting in a tremendous uprising. If strenuous action is not taken to punish the miscreants, how can the majesty and dignity of the law be maintained and peace and quiet prevail?

Let the Governors-General and Governors of the Liang-Kiang, Hu-Kwang, Kiang-su, Ngan-hui, and Hu-peh issue without delay orders to the civil and military officers under their respective jurisdictions to cause the arrest of the leaders of the riots, try them, and inflict capital

punishment upon them as a warning and example to others in the future.

The doctrine of Christianity has for its purpose the teaching of men to be good. Chinese converts are subjects of China and are amenable to the local authorities. Peace and quiet should reign among the Chinese and missionaries. But there are reckless fellows who fabricate stories that have no foundation in fact for the purpose of creating trouble. Villains of this class are not few in number, and are to be found everywhere.

Let the Tartar Generals, Governors-General, and Governors issue proclamations warning the people not to listen to the idle rumors or false reports which lead to trouble.

Should any person secretly post placards containing false rumors with a view to beguile the minds of the people, strenuous steps must be taken to cause his arrest and vigorous punishment be meted out to him.

The local authorities must protect the lives and property of foreign merchants and missionaries and prevent bad characters from doing them injury. Should it transpire that the measures taken to protect them have not been adequate, and trouble in consequence ensues, the names of those officers that have been truly negligent are to be reported to Us for degradation.

In the matter of all missionary cases that are still pending, let the Tartar Generals, Governors-General, and Governors cause a speedy settlement of them. They must not listen to the representations of their subordinates that the cases are difficult to settle and thus cause delay, to the end that a settlement of them may be effected.

Let this decree be universally promulgated for the information of the people.

27938-04-27

No. 62.

CHINA.

REPEAL OF ANTI-CHRISTIAN CLAUSES OF CHINESE CODE-CORRESPONDENCE BETWEEN THE CHINESE FOREIGN OFFICE AND THE FRENCH MINISTER TO CHINA.

DOCUMENT No. 1.

THE TSUNG-LI YAMEN TO MR. GÉRARD.

[Translation.]

AUGUST 18, 1895.

YOUR EXCELLENCY: Upon the 26th of July last we received your dispatch stating that in the edition of the Chinese code published in 1890 there were still to be found copies of memorials and other documents prohibiting the Christian religion, which was in violation of the treaty of the fifth month of the eighth year of Hsien Feng (27th June, 1858), and that it was your duty to request that in observance of treaty orders be given for the erasure thereof.

In reply to this dispatch we wrote you that we examined into the subject and had ascertained that, in the ninth year of Tung Chih (1871) the board of punishments had memorialized the Throne requesting that a new edition of the penal code be published. A note was then made of the clauses prohibiting the Christian religion, and said clauses were expunged from the code as the treaty stipulated, and that since the reign of Tung Chih the board of punishments had had no new edition of the code made.

On the 12th of last August Your Excellency called upon us and handed us a copy of a book called the Ta Ching lü-li hing an hsüan chi cheng (Compendium of Code and Criminal Cases), in two volumes, which were reprints from other works, and were made in 1893. We have carefully examined these works, and we have to say that works of this kind made in private printing establishments are not official publications. We have, however, written the superintendent of the gendarmerie to notify all bookstores that the passages in the said books referring to the propagation of the Christian religion in the interior of China and the clause prohibiting the practice of foreign religions must, as the treaties require, be stricken out.

We inclose herewith a copy of our dispatch to the superintendent of the gendarmerie on the subject, and we return the two books upon the code which Your Excellency left with us.

DOCUMENT No. 2.

THE TSUNG-LI YAMÊN TO THE SUPERINTENDENT OF GENDARMERIE.

Upon the 26th of last July we received a dispatch from Mr. Gérard, minister of France, as follows:

The last clauses of the thirteenth paragraph of the treaty between France and China, concluded in 1858, provide:

"All that has been previously written, proclaimed, or published in China by order of the Government against the Christian religion is completely abrogated and remains null and void in all provinces of the Empire."

Notwithstanding this treaty provision, the edition of the penal code printed in 1890 still contains prohibitions against the Christian religion. It is my duty to request that in accordance with the treaties orders be given for the erasure of such prohibitions from the edition of the penal code of 1890 and from all books containing them.

On receipt of this despatch we replied that we had investigated the matter and had found that, in 1871, the board of punishments memorialized the Throne requesting that a new edition of the penal code be issued, and that in this edition, under the section of the ceremonial laws devoted to sacrifices, a clause was inserted as follows:

All persons professing the Christian religion shall be permitted the free exercise of their religion. All that has been written, proclaimed, or published in China by order of the Government against the Christian religion is completely abrogated and remains null and void in all provinces of the Empire.

The clause previously in the code with reference to the propagation of the Christian religion was also marked for omission from the new edition. The code as thus altered was submitted to the Throne by the board of punishments and long ago received the imperial sanction. Since the reign of Tung Chih the board of punishments has had no new edition of the code prepared.

Shortly after this correspondence, viz, on the 12th August, Mr. Gérard called at the yamên and handed us two books upon the code, one called the Ta Ching lü-li tseng hsui tung hsüan chi cheng (The Code and Criminal Cases, revised and complete), and one the Lü-li pien lan (The Code for Convenient Reference). He stated these had been printed from new blocks cut in 1892 and that they contained a prohibition against corrupt doctrines. Upon examination we found that these books had been printed from blocks cut at private printing establishments, that they were not official publications and hence could not be brought forward in evidence of violation of treaty.