make to His Imperial Chinese Majesty in the interest of reform in Chinese administration so essential to the consolidation and integrity of that Empire, and which, it is believed, is a fundamental principle of the policy of His Majesty in Asia. Germany has declared the port of Kiao-chao, which she holds in Shangtung under a lease from China, a free port and has aided in the establishment there of a branch of the Imperial Chinese maritime customs. The Imperial German minister for foreign affairs has also given assurances that American trade would not in any way be discriminated against or interfered with, as there is no intention to close the leased territory to foreign commerce within the area which Germany claims. These facts lead this Government to believe that the Imperial German Government will lend its cooperation and give its acceptance to the proposition above outlined, and which our ambassador at Berlin is now instructed to submit to it. That such a declaration will be favorably considered by Great Britain and Japan, the two other powers most interested in the subject, there can be no doubt. The formal and oft-repeated declarations of the British and Japanese Governments in favor of the maintenance throughout China of freedom of trade for the whole world insure us, it is believed, the ready assent of these powers to the declaration desired. The acceptance by His Imperial Majesty of these principles must therefore inevitably lead to their recognition by all the other powers interested, and you are instructed to submit them to the Emperor's minister for foreign affairs and urge their immediate consideration. A copy of this construction is sent to our ambassadors at London and Berlin for their confidential information, and copies of the instructions sent to them on this subject are inclosed herewith. I have, etc., JOHN HAY. (Inclosures:) To London, September 6, 1899, No. 205; to Berlin, September 6, 1899, No. 927. Count Mouravieff to Mr. Tower. MINISTÈRE DES AFFAIRES ETRANGÈRES, Le 18 Décembre, 1899. MONSIEUR L'AMBASSADEUR: J'ai eu l'honneur de recevoir la note de Votre Excellence en date du 8-20 Septembre a. c. relative aux principes que le Gouvernement des Etats-Unis désirerait voir adoptés en matière économique par les Puissances ayant des intérêts en Chine. Pour ce qui est du territoire cédé à bail par la Chine à la Russie le Gouvernement Impérial a déjà manifesté sa ferme intention de pratiquer la politique de "la porte ouverte " en érigeant Dalny (Ta-lienwan), en port franc; et si à l'avenir ce dernier port, tout en continuant à rester franc était séparé par une ligne de douanes du reste du territoire dont il s'agit, les taxes douanières seraient prélevées dans la zone soumise au tarif, sur toutes les marchandises étrangères sans distinction de nationalité. Quant aux ports déjà ouverts, ou qui le seraient à l'avenir, par le Gouvernement Chinois, au commerce étranger et qui se trouvent en dehors du territoire cédé à bail à la Russie, le règlement des questions relatives aux taxes douanières appartient à la Chine elle-même, et le Gouvernement Impérial n'a nullement l'intention de réclamer pour ses nationaux à cet égard des privilèges quelconques à l'exclusion des autres étrangers. Il va de soi que cette assurance du Gouvernement Impérial a pour condition qu'une déclaration semblable serait faite par les autres Puissances ayant des intérêts en Chine. Convaincu que cette réponse est de nature à satisfaire à la demande exprimée dans la note susmentionnée, le Gouvernement Impérial se félicite d'autant plus d'avoir été au devant des vœux du Gouvernement Américain, qu'il attache le plus grand prix à tout ce qui peut entretenir et consolider les relations amicales traditionnelles existant entre les deux pays. Veuillez agréer, Monsieur l'Ambassadeur, l'assurance de ma haute considération. COMTE MOURAVIEFF. [Translation.] MINISTRY OF FOREIGN AFFAIRS, Mr. AMBASSADOR: I had the honor to receive Your Excellency's note dated the 8th-20th of September last, relating to the principles which the Government of the United States would like to see adopted in commercial matters by the powers which have interests in China. In so far as the territory leased by China to Russia is concerned, the Imperial Government has already demonstrated its firm intention to follow the policy of "the open door" by creating Dalny (Ta-lienwan) a free port; and if at some future time that port, although remaining free itself, should be separated by a customs limit from other portions of the territory in question, the customs duties would be levied, in the zone subject to the tariff, upon all foreign merchandise without distinction as to nationality. As to the ports now opened or hereafter to be opened to foreign commerce by the Chinese Government, and which lie beyond the territory leased to Russia, the settlement of the question of customs duties belongs to China herself, and the Imperial Government has no intention whatever of claiming any privileges for its own subjects to the exclusion of other foreigners. It is to be understood, however, that this assurance of the Imperial Government is given upon condition that a similar declaration shall be made by other Powers having interests in China. With the conviction that this reply is such as to satisfy the inquiry made in the aforementioned note, the Imperial Government is happy to have complied with the wishes of the American Government, especially as it attaches the highest value to anything that may strengthen and consolidate the traditional relations of friendship existing between the two countries. COUNT MOURAVIEFF. I beg you to accept, etc. Instructions sent mutatis mutandis to the United States ambassadors at London, Paris, Berlin, St. Petersburg, and Rome, and to the United States Minister at Tokyo. SIR: The DEPARTMENT OF STATE, Washington, March 20, 1900. Government having accepted the declaration suggested by the United States concerning foreign trade in China, the terms of which I transmitted to you in my instruction No. ———— of and like action having been taken by all the various powers having leased territory or so-called "spheres of interest" in the Chinese Empire, as shown by the notes which I herewith transmit to you, you will please inform the government to which you are accredited that the condition originally attached to its acceptancethat all other powers concerned should likewise accept the proposals of the United States-having been complied with, this Government will therefore consider the assent given to it by definitive. as final and You will also transmit to the minister for foreign affairs copies of the present inclosures, and by the same occasion convey to him the expression of the sincere gratification which the President feels at the successful termination of these negotiations, in which he sees proof of the friendly spirit which animates the various powers interested in the untrammeled development of commerce and industry in the Chinese Empire and a source of vast benefit to the whole commercial world. I am, etc., JOHN HAY. (Inclosures:) Mr. Delcassé to Mr. Porter (received December 16, 1899), with translation; Mr. Jackson to Mr. Hay, telegram, December 4, 1899; Count von Bülow to Mr. White, February 19, 1900, with translation; Lord Salisbury to Mr. Choate, November 30, 1899; Marquis Visconti Venosta to Mr. Draper, January 7, 1900, with translation; Viscount Aoki to Mr. Buck, December 26, 1899, translation; Count Mouravieff to Mr. Tower, December 18, 1899, with translation. 1901. FINAL PROTOCOL ENTERED INTO BY THE PLENIPOTENTIARIES OF THE VARIOUS POWERS AT THE CONCLUSION OF THE SO-CALLED " BOXER TROUBLES IN CHINA IN 1900. Concluded September 7, 1901. NOTE. For the text of this final protocol see "International conventions," etc., page 2006; also new agreement of 1905, modifying final protocol concerning Whang Pu conservancy, see page 2013. "All printed ante. 1903. TREATY AS TO COMMERCIAL RELATIONS. Concluded October 8, 1903; ratification advised by Senate December 18, 1903; ratified by President January 12, 1904; ratifications exchanged January 13, 1904; proclaimed January 13, 1904. The United States of America and His Majesty the Emperor of China, being animated by an earnest desire to extend further the commercial relations between them and otherwise to promote the interests of the peoples of the two countries, in view of the provisions of the first paragraph of Article XI of the final Protocol signed at Peking on the seventh day of September, A. D. 1901, whereby the Chinese Government agreed to negotiate the amendments deemed necessary by the foreign Governments to the treaties of commerce and navigation and other subjects concerning commercial relations, with the object of facilitating them, have for that purpose named as their Plenipotentiaries: The United States of America EDWIN H. CONGER, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to ChinaJOHN GOODNOW, Consul-General of the United States of America at Shanghai JOHN F. SEAMAN, a Citizen of the United States of America resident at Shanghai And His Majesty the Emperor of China LÜ HAI-HUAN, President of the Board of Public Works SHENG HSÜAN-HUAI, Junior Guardian of the Heir Apparent. . Formerly Senior Vice-President of the Board of Public Works who, having met and duly exchanged their full powers which were found to be in proper form, have agreed upon the following amendments to existing treaties of commerce and navigation formerly concluded between the two countries, and upon the subjects hereinafter expressed connected with commercial relations, with the object of facilitating them. ARTICLE I. In accordance with international usage, and as the diplomatic representative of China has the right to reside in the capital of the United States, and to enjoy there the same prerogatives, privileges and immunities as are enjoyed by the similar representative of the most favored nation, the diplomatic representative of the United States shall have the right to reside at the capital of His Majesty the Emperor of China. He shall be given audience of His Majesty the Emperor whenever necessary to present his letters of credence or any communication from the President of the United States. At all such times he shall be received in a place and in a manner befitting his high position, and on all such occasions the ceremonial observed toward him shall be that observed toward the representatives of nations on a footing of equality, with no loss of prestige on the part of either. The diplomatic representatives of the United States shall enjoy all the prerogatives, privileges and immunities accorded by international usage to such representatives, and shall in all respects be entitled to the treatment extended to similar representatives of the most favored nation. The English text of all notes or dispatches from United States officials to Chinese officials, and the Chinese text of all from Chinese officials to United States officials shall be authoritative. ARTICLE II. As China may appoint consular officers to reside in the United States and to enjoy there the same attributes, privileges and immunities as are enjoyed by consular officers of other nations, the United States may appoint, as its interests may require, consular officers to reside at the places in the Empire of China that are now or that may hereafter be opened to foreign residence and trade. They shall hold direct official intercourse and correspondence with the local officers of the Chinese Government within their consular districts, either personally or in writing as the case may require, on terms of equality and reciprocal respect. These officers shall be treated with due respect by all Chinese authorities, and they shall enjoy all the attributes, privileges and immunities, and exercise all the jurisdiction over their nationals which are or may hereafter be extended to similar officers of the nation the most favored in these respects. If the officers of either government are disrespectfully treated or aggrieved in any way by the authorities of the other, they shall have the right to make representation of the same to the superior officers of their own government who shall see that full inquiry and strict justice be had in the premises. And the said consular officers of either nation shall carefully avoid all acts of offense to the officers and people of the other nation. On the arrival of a consul duly accredited at any place in China opened to foreign trade it shall be the duty of the Minister of the United States to inform the Board of Foreign Affairs, which shall, in accordance with international usage, forthwith cause the proper recognition of the said consul and grant him authority to act. |