copy of this note, because it simply repeats the conditions sent you in my No. 1013, of the 11th ultimo. Although the Russian minister joined in the preparation of the note addressed to the foreign office, yet at the meeting of the corps he notified his colleagues that he had been instructed by his Government to take no part in the proposing of conditions for the return of Tientsin, and to withdraw from all responsibility therefor. I refused to take part, for the reasons given in my telegram. All the other representatives signified their willingness to join in sending the proposed note to the foreign office, but as it was not unanimous, nothing could be done. The probability is that the powers taking part in the provisional government and being responsible for its continuance will be obliged to surrender the city on such terms as they themselves can exact from the Chinese. I inclose also copy of a letter from the military commandants, giving a list of important contracts entered into or concessions granted by the Tientsin provisional government. I have, etc., E. H. CONGER. [Inclosure 1.] Mr. von Mumm to the Dean of the diplomatic corps. PEKING, June 25, 1902. MR. DEAN AND DEAR COLLEAGUE: I have the honor to transmit to you herewith, in the name of my colleagues, the British, French, Russian, Japanese, and Italian ministers, and in mine, draft of letter addressed to the Chinese plenipotentiaries in answer to their communication of March 5 last, on the subject of the return of the city of Tientsin to the Imperial Chinese authorities. This letter contains the conditions which we believe should be proposed for the surrender and suppression of the provisional government. The conditions in question have been the subjects of long deliberations between us and the generals commanding the foreign corps at Tientsin. We have endeavored in determining these conditions to confine ourselves to the stipulations of the protocol of September 7, 1901. We believe, on the other hand, that as presently drawn up, these conditions, if collectively put into execution, would assure the security of the troops which our Governments maintain in Chihli and the proper discipline among them. It has appeared to us equally indispensable to point out the validity of the acts of the provisional government during the two years it has acted in the name of the generals commanding our troops. We would be grateful to you if you would be kind enough to circulate the documents in question among our colleagues, and to call at the earliest possible date a meeting of the diplomatic corps, in which we would study the measures necessary to assure the execution of these conditions by the Chinese Government. Please accept, etc., A. MUMM. [Inclosure 2.] The generals and commandants of the contingents in China to the Dean of the diplomatic corps. TIENTSIN, June 17, 1902. SIR: I have the honor to acknowledge the receipt of the letter from the members of the diplomatic corps, dated June 7, on the return by the provisional government of Tientsin to the Chinese authorities, and in accordance with the demand expressed in paragraph 9 of said letter to inclose you herewith a list of the contracts entered into by the provisional government. I must remark that it is our unanimous desire that this list be not communicated to the Chinese authorities before they shall have accepted in principle the maintenance of the validity of these contracts, etc. Please accept, etc., VON ROHRECHEIDT, General, Commanding the German Forces in China. KIRCHMAYR, Commanding Austrian Forces in China. Major-General, Commanding British Forces in China. General, Commanding French Troops in China. Colonel, Commanding Italian Forces in China. Colonel, Commanding Japanese Forces in China. Colonel, Commanding Russian Forces in China. [Subinclosure.] Contracts entered into by the Tientsin provisional government. (a) THE COUNCIL. 1. March 13, 1901, with the founders of the water company in the Chinese city of Tientsin for the establishment of works for furnishing water to the Chinese city. 2. November 11, 1901, with the electric light and traction company, for the establishment of electric light and tramways in the Chinese city. 3. May 26, 1902, with the Tientsin Land Improvement Company, to establish a drainage system in the city. 4. A turn bridge over the Pei-ho River, near the railway station. (b) TREASURY. 5. Contract entered into by Colonel O'Sullivan on behalf of the council for the payment of the duties and the transfer of the treasury to the Imperial Chinese maritime customs. 9. Drain along the south boulevard and contract entered into for filling up the southeast and southwest corners of the city. 10. Bridge on Taku road. 11. Construction of a likin bureau at Chen Chia Ko. 12. Construction of a likin bureau at Si pei Men. 13. Construction of a likin bureau at Yang Chia Chuang. 14. Construction of a likin bureau at Ta Hung Chiao. 15. New building for the treasury. 16. A road from the city to the match factory. 17. Bridge on Hsi Pai Men road. 18. For removing the excrements deposited on the banks of the river. Demolition of the forts of 19. Hsin Chong. 20. South of Taku. 21. North of Taku. 23. No. 1 of the Peitang. 24. Nos. 2 and 3, Peitang. 25. Nos. 5 and 6, Peitang. 26. Nos. 2 and 3 of Shanhaikuan. 27. Contract for a fort of Shanhaikuan (Gueden & Marcadier). (d) SANITARY SERVICE. 28. With Li Yuen Cheng, for three years, for the construction and maintenance of public privies. (e) POLICE DEPARTMENT. 29. Contract entered into for the maintenance and clothing of the police and prisoners. DISTRICTS. North of Tientsin.-Contract entered into for the leasing of lands belonging to the Government to subjects: 1. Chang Chia Wan, terminating December 31, 1902. 2. Mu Chia Ch., terminating December 31, 1902. 3. Li Chia Tsui, terminating December 31, 1902. 4. Ma Lo and Ching Fu, terminating December 31, 1902. South of Tientsin.-No contract. Tongku.-5. Contract with two Chinese, named Chang Hsi Chuang and Tschang Tze Ping, for cutting the reeds during 1902. Chung Liang Cheng.-6. Lease with various farmers for the rice farms of Hsiao Chan. Mr. Hay to Mr. Conger. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Hay acknowledges Mr. Conger's telegram of June 28, reporting the terms proposed for the restoration of Tientsin to the Chinese authorities, and approves Mr. Conger's dissent therefrom. Mr. Hay states that he is informed that the British Government also regard the terms as harsh, and directs Mr. Conger to endeavor to reach practical adjustment of protective zone, so that China can fulfill the demanded obligation to maintain order therein, and to refrain from supporting any excessive grants made by the provisional government.) No. 1046.] Mr. Conger to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: Referring to my No. 1035 of the 2d instant, I have the honor to report that the five ministers of the powers having representatives on the provisional government of Tientsin, viz, Great Britain, Germany, France, Japan, and Italy, have sent identical notes to the foreign office, naming the conditions upon the acceptance of which by the Chinese they will be willing to turn over to them the city of Tientsin. I inclose a copy of the conditions named. You will observe that they have reduced the protective zone from 18 miles to about 6, and have left out the other objectionable features. While the 6-mile limit of a protective zone seems to me still too large, yet it being so great a reduction from the former conditions, if the Chinese Government is willing to accept these conditions I shall make no further formal opposition. I have, etc., E. H. CONGER. [Inclosure.] Sir Ernest Satow to Prince Ch'ing. YOUR HIGHNESS: I have the honor to acknowledge the receipt of Your Highness's note of the 5th instant, inclosing copy of a letter from his excellency the viceroy Yuan, urging reasons why the administration of the city of Tientsin should be handed back to his excellency at an early date. 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 not yet entirely completed. In order therefore to insure the fulfillment of this article, 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 (63 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 Chungwangtao 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. È'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 authorities 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. 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 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., Mr. Conger to Mr. Hay [Telegram.-Paraphrase.] E. S. LEGATION OF THE UNITED STATES, Peking, July 18, 1902. (Mr. Conger reports that greatly modified conditions for the restoration of Tientsin have been accepted by the Chinese Government, and that the transfer will take place in a month.) Mr. Hay to Mr. Conger. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Hay extends congratulations to Mr. Conger on the conclusion of the Tientsin matter.) Mr. Conger to Mr. Hay. No. 1051.] LEGATION OF THE UNITED STATES, Peking, July 19, 1902. SIR: I have the honor to confirm my telegram" of the 18th instant, announcing the agreement to return to the Chinese authorities the city of Tientsin, and your congratulatory message to me of the same date. For the latter I thank you sincerely. It is, however, well known here by the representatives of the powers, and by the Chinese Government, that it is solely to your successful efforts with the Governments at London, Berlin, and Paris, that the severe conditions were modified and the early surrender of the city made possible. The Chinese are very grateful for your help in this connection, and bid me so inform you. I inclose herewith copies of note from Prince Ch'ing, informing me a Printed, ante. |