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action or to risk a failure of the negotiations by giving more definite instructions, but Mr. Rockhill will keep in view and let it be understood by his colleagues that it is the earnest desire of the President that the effusion of blood should cease.” (Tel. March 23, 1901, For. Rel. 1901, App. 367.)

For further discussion as to punishments, see For. Rel. 1901, App. 69, 71-82, 88, 92, 94, 95, 96, 98, 112, 123, 125, 129, 166, 178, 192, 193 (list of all the punishments demanded), 219, 254, 303, 343, 344, 360, 361.

As to expiatory missions, see For. Rel. 1901, App. 253. Concerning expiatory monuments, see For. Rel. 1901, App. 230, 296; For. Rel. 1903, 77. Suspension of official examinations, For. Rel. 1901, App. 219, 224, 245, 281.

On the question of indemnity, the position of the United States was set forth in a cabled instruction of Mr. Hay to Mr. Conger, Jan. 29, 1901, in which it was stated that a settlement should be effected by the payment of a reasonable lump sum; that, according to information obtainable in Washington, China could not possibly pay more than $150,000,000; that the acceptance of this amount probably would necessitate the scaling down of the demands of the different powers; that the United States would insist on receiving a fair proportion of whatever was agreed on, its equitable distribution among the claimants to be undertaken by the United States; that the United States losses and disbursements amounted to about $25,000,000; and that, in case of protracted disagreement concerning the indemnity, the subject might be referred to The Hague Tribunal. (For. Rel. 1901, App. 359.)

March 21, 1901, Mr. Rockhill was instructed in a similar sense, and was directed to endeavor to have the total indemnity "kept within the limit of £40,000,000." (For. Rel. 1901, App. 366.)

For further correspondence and discussion concerning the question of indemnity, see For. Rel. 1901, App. 70, 86, 101–109, 113, 119, 121, 127, 128, 139, 141, 143, 144, 155, 165, 169, 171, 173, 175, 176, 179, 181, 184, 186, 187, 208 (report by Mr. Kasson on China's resources), 212 (extended examination of China's resources and revenue system), 224, 226, 227, 230, 243, 244, 246, 250, 252, 255, 275, 283, 289, 298, 299, 339, 361, 364, 365, 367, 368, 369–376, 377, 380.

A translation of the bond given by the Chinese Government for the payment of the indemnity is printed in For. Rel. 1901, 129, App. 339. It was finally agreed that the indemnity should be paid at gold rates, with certain qualifications or conditions. (For. Rel. 1904, 177-184.) Correspondence concerning the occupation of Peking pending negotiations may be found in For. Rel. 1901, App. 110, 177, 247, 255, 359, 360, 361, 382.

For correspondence on the subject of the razing of the forts, see For. Rel. 1901, App. 135, 137, 140, 160, 284, 293, 366.

As to the prohibition of the importation of arms and ammunition, see For. Rel. 1901, App. 111, 130, 297, 303, 376.

Concerning the future protection of the legations in Peking, see For. Rel. 1901, App. 82–86, 93, 96, 98, 99, 160, 176, 232, 241, 294.

As to the improvement of the navigation of the Peiho and Whangpu (Woosung) rivers, see For. Rel. 1901, App. 257-272, 290, 299, 300, 381, 379; For. Rel. 1904, 186.

Amoy, creation of an international concession at, on the island of Ku-
lang-su; see For. Rel. 1901, App. 278.

As to the proposed revision of commercial treaties, see For. Rel. 1901,
App. 217, 251, 358, 369, 376, 378.

For correspondence concerning the death of Li Hung Chang, Nov. 7, 1901,
see For. Rel. 1901, 132-133.

"During these troubles our government has unswervingly advocated moderation, and has materially aided in bringing about an adjustment which tends to enhance the welfare of China and to lead to a more beneficial intercourse between the Empire and the modern world; while in the critical period of revolt and massacre we did our full share in safeguarding life and property, restoring order, and vindicating the national interest and honor. It behooves us to continue in these paths, doing what lies in our power to foster feelings of good will, and leaving no effort untried to work out the great policy of full and fair intercourse between China and the nations, on a footing of equal rights and advantages to all. We advocate the 'open door' with all that it implies; not merely the procurement of enlarged commercial opportunities on the coasts, but access to the interior by the waterways with which China has been so extraordinarily favored. Only by bringing the people of China into peaceful and friendly community of trade with all the peoples of the earth can the work now auspiciously begun be carried to fruition. In the attainment of this purpose we necessarily claim parity of treatment, under the conventions, throughout the Empire for our trade and our citizens with those of all other powers."

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President Roosevelt, annual message, Dec. 3, 1901, For. Rel. 1901, lii.

As to the visit to the United States of His Highness Prince Pu Lun, as Chinese commissioner in chief to the Louisiana Purchase Exposition, and his reception at Washington, see For. Rel. 1904, 148.

"The signing of a new commercial treaty with China, which took place at Shanghai on the 8th of October, is a cause for satisfaction. This act, the result of long discussion and negotiation, places our commercial relations with the great oriental Empire on a more satisfactory footing than they have ever heretofore enjoyed. It provides not only for the ordinary rights and privileges of diplomatic and consular officers, but also for an important extension of our commerce by increased facility of access to Chinese ports, and for the relief of trade by the removal of some of the obstacles which have embarrassed it in the past. The Chinese Government engages, on fair and equitable conditions, which will probably be accepted by the principal commercial nations, to abandon the levy of "likin and other transit dues throughout the Empire, and to introduce other desirable administrative reforms. Larger facilities are to be given to our citizens who desire to carry on mining enterprises in

China. We have secured for our missionaries a valuable privilege, the recognition of their right to rent and lease in perpetuity such property as their religious societies may need in all parts of the Empire. And, what was an indispensable condition for the advance and development of our commerce in Manchuria, China, by treaty with us, has opened to foreign commerce the cities of Mukden, the capital of the province of Manchuria, and Anturg, an important port on the Yalu River, on the road to Korea."

President Roosevelt, annual message, Dec. 7, 1903, For. Rel. 1903, xxii. See further, as to the negotiations, For. Rel. 1903, 60, 61, 63, 64–65, 67, 70, 71, 74, 76–77.

As to mining regulations which were considered to violate the provisions of the treaty, see For. Rel. 1904, 150-167.

For the British commercial treaty with China, signed at Shanghai, Sept. 5, 1902, see For. Rel. 1903, 551.

13. OPEN-DOOR POLICY.

"The United States has not been an indifferent spectator of the extraordinary events transpiring in the Chinese Empire, whereby portions of its maritime provinces are passing under the control of various European powers; but the prospect that the vast commerce which the energy of our citizens and the necessity of our staple productions for Chinese uses has built up in those regions may not be prejudiced through any exclusive treatment by the new occupants has obviated the need of our country becoming an actor in the scene. Our position among nations, having a large Pacific coast and a constantly expanding direct trade with the farther Orient, gives us the equitable claim to consideration and friendly treatment in this regard, and it will be my aim to subserve our large interests in that quarter by all means appropriate to the constant policy of our Government. The territories of Kiao-chow, of Wei-hai-wai, and of Port Arthur and Talienwan, leased to Germany, Great Britain, and Russia respectively for terms of years, will, it is announced, be open to international commerce during such alien occupation; and if no discriminating treatment of American citizens and their trade be found to exist, or be hereafter developed, the desire of this government would appear to be realized.

"In this relation, as showing the volume and value of our exchanges with China and the peculiarly favorable conditions which exist for their expansion in the normal course of trade, I refer to the communication addressed to the Speaker of the House of Representatives by the Secretary of the Treasury on the 14th of last June, with its accompanying letter of the Secretary of State, recommending an appropriation for a commission to study the commercial

and industrial conditions in the Chinese Empire and report as to the opportunities for and obstacles to the enlargement of markets in China for the raw products and manufactures of the United States. Action was not taken thereon during the late session. I cordially urge that the recommendation receive at your hands the consideration which its importance and timeliness merit."

President McKinley, annual message, Dec. 5, 1898, For. Rel. 1898, lxxii.

(1) THE HAY AGREEMENT.

§ 811.

September 6, 1899, Mr. Hay, Secretary of State, inclosed to the embassy of the United States at Paris, for its confidential information, copies of instructions sent on that day to the United States ambassadors at London, Berlin, and St. Petersburg, in relation to the desire of the United States that Great Britain, Germany, and Russia make formal declaration of an "open-door" policy in the territories held by them in China. The instructions in question are given below. November 21, 1899, the embassy was instructed to submit informally to the French government the form of declaration outlined in those instructions, and ask whether France would join in it.

December 16, 1899, the embassy received from M. Delcassé, minister of foreign affairs, the following response: "The declarations which I made in the Chamber on the 24th of November last, and which I have had occasion to recall to you since then, show clearly the sentiments of the government of the Republic. It desires throughout the whole of China and, with the quite natural reservation that all the powers interested give an assurance of their willingness to act likewise, is ready to apply, in the territories which are leased to it, equal treatment to the citizens and subjects of all nations, especially in the matter of customs duties and navigation dues, as well as transportation tariffs on railways."

For. Rel. 1899, 128-129.

See Mr. Sherman, Sec. of State, to Mr. White, chargé, tel., March 16,
1898, MS. Inst. Gr. Br. XXXII, 683; Mr. Sherman, Sec. of State, to
Mr. Hitchcock, ambass. to Russia, tel., March 16, 1898, MS. Inst.
Russia, XVIII. 330.

"At the time when the Government of the United States was informed by that of Germany that it had leased from Correspondence His Majesty the Emperor of China the port of Kiaowith Germany. chao and the adjacent territory in the province of Shantung, assurances were given to the ambassador of the United States at Berlin by the Imperial German minister for foreign affairs that the rights and privileges insured by treaties with China to citi

zens of the United States would not thereby suffer or be in anywise impaired within the area over which Germany had thus obtained control.

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More recently, however, the British Government recognized by a formal agreement with Germany the exclusive right of the latter country to enjoy in said leased area and the contiguous sphere of influence or interest' certain privileges, more especially those relating to railroads and mining enterprises; but as the exact nature and extent of the rights thus recognized have not been clearly defined, it is possible that serious conflicts of interest may at any time arise not only between British and German subjects within said area, but that the interests of our citizens may also be jeopardized thereby.

"Earnestly desirous to remove any cause of irritation and to insure at the same time to the commerce of all nations in China the undoubted benefits which should accrue from a formal recognition by the various powers claiming spheres of interest' that they shall enjoy perfect equality of treatment for their commerce and navigation within such spheres,' the Government of the United States would be pleased to see His German Majesty's Government give formal assurances, and lend its cooperation in securing like assurances from the other interested powers, that each, within its respective sphere of whatever influence

"First. Will in no way interfere with any treaty port or any vested interest within any so-called sphere of interest' or leased territory it may have in China.

"Second. That the Chinese treaty tariff of the time being shall apply to all merchandise landed or shipped to all such ports as are within said 'sphere of interest' (unless they be free ports '), no matter to what nationality it may belong, and that duties so leviable shall be collected by the Chinese Government.

"Third. That it will levy no higher harbor dues on vessels of another nationality frequenting any port in such sphere than shall be levied on vessels of its own nationality, and no higher railroad charges over lines built, controlled, or operated within its sphere' on merchandise belonging to citizens or subjects of other nationalities transported through such sphere' than shall be levied on similar merchandise belonging to its own nationals transported over equal distances.

"The liberal policy pursued by His Imperial German Majesty in declaring Kiao-chao a free port and in aiding the Chinese Government in the establishment there of a custom-house are so clearly in line with the proposition which this Government is anxious to see recog ́nized that it entertains the strongest hope that Germany will give its acceptance and hearty support.

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