Page images
PDF
EPUB

[Inclosure.)

IMPERIAL EDICT TRANSMITTED BY THE PRIVY COUNCIL UNDER DATE OF SEPTEMBER 16,

1901, TO MINISTER WU, AND RECEIVED BY HIM ON SEPTEMBER 17, 1901.

“By direction of Her Majesty, the Empress Dowager, this edict is issued by us.

“The plenipotentiaries (Prince Ching and Viceroy Li) have memorialized the Throne by telegraph that they have received a note from the United States minister at Pekin, conveying the sad intelligence of the death of the President of the United States.

"It is with unspeakable sorrow and consternation that Her Majesty and Ourself have heard the distressing news. The late President always gave manifestations of sincere friendship, and during the events of the past year he pursued a policy marked by a high sense of justice.

"Wu Ting-fang is hereby instructed to convey to the United States Government this message of Our sincere condolence. Respect this."

Mr. Adee to Mr. Wu.

DEPARTMENT OF STATE,

Washington, October 4, 1901. Sir: I have the honor to acknowledge the receipt of the memorandum left by you at this Department on the 18th ultimo, embodying the message of sympathy extended by their Majesties, the Emperor and the Empress Dowager of China, in view of the shooting of the late President of the United States.

I shall be pleased if you will convey to their Majesties an expression of the grateful appreciation of the Government and people of the United States for their kind messages, the acknowledgment of which has been delayed until now owing to the pressure of public affairs attendant upon the shooting and death of President McKinley. Accept, etc.,

ALVEY A. ADEE,

Acting Secretary.

BOND FOR PAYMENT OF INDEMNITY DEMANDED OF CHINA BY

THE POWERS.

Mr. Conger to Mr Hay.

No. 776.]

LEGATION OF THE UNITED STATES,

Pekin, October 14, 1901. Sir: I have the honor to inclose herewith a translation of the bond for the lump sum or total indemnity of 450,000,000 taels, which, in compliance with paragraph (c) of Article VI of the Final Protocol, was yesterday delivered to his excellency Mr. B. J. de Cologan, as dean of the diplomatic corps, signed and sealed by the plenipotentiaries, Prince Ch’ing and Li Hung-chang, and bearing the official seal of the imperial board of revenue. I will send a copy of the bond in French and Chinese as soon as it can be obtained. I am, etc.,

E. H. CONGER.

* See Foreign Relations, 1900, page 77 et seq., and Appendix to this volume.

FR 1901-19

[Inclosure.- Translation.]

We, Prince Ch’ing, Grand Secretary Li Hung-chang, and the ministers of finance, deliver the present bond, according to the clauses of Article VI of the Protocol signed September 7, 1901, by the plenipotentiaries of the eleven Powers, viz, Germany, Austria-Hungary, Belgium, Spain, the United States of America, France, Great Britain, Italy, Japan, Holland, and Russia, and by the Chinese plenipotentiaries, who stipulate the following:

By an imperial Edict dated May 29, 1901, His Majesty the Emperor of China agreed to pay the Powers an indemnity of 450,000,000 Haikwan taels, calculated in gold at the rate of the Haikwan tael to the gold currency of each country, as indicated below: Haikwan tael=marks

3. 055 =Austria-Hungary crown

3. 595 =gold dollar

0.742 =francs..

3. 750 =pound sterling

0.3s. Od. =yen..

1. 407 =florin, Netherlands

1. 796 =gold ruble (17.424 dolias find).

1. 412 This sum in gold shall bear interest at 4 per cent per annum, and the capital shall be reimbursed by China in thirty-nine years, under the conditions indicated in the plan of amortization annexed to the said Protocol.

The principal and interest shall be payable in gold or at the rates of exchange corresponding to the dates at which the different payments fall due.

The amortizations shall be paid annually.

The interest shall be paid semiannually and shall start from the 1st of July, 1901, but the Chinese Government shall have the right to pay off, within a term of three years, commencing January 1, 1902, the arrears of the first six months, finishing December 31, 1901, on condition, however, that it pays compound interest at the rate of 4 per cent per annum on the sums the payments of which shall have thus been deferred.

The present bond shall be converted into fractional bonds, signed by the delegates of the Chinese Government designated for this purpose.

The resources assigned as security for the bonds are the following:

1. The balance of the revenues of the imperial maritime customs, after payment of the interest and amortization of previous loans secured on these revenues, plus the proceeds of the raising to 5 per cent effective of the present tariff on maritime imports, including articles until now on the free list, but exempting rice, cereals, and flour from abroad, gold and silver bullion, and coin.

2. The revenues of the native customs, administered in the open ports by the imperial maritime customs.

3. The total revenues of the salt gabelle, exclusive of the fraction previously set aside for other foreign loans.

The product of the resources assigned to the payment of the bonds shall be remitted monthly to the commission of bankers designated by the various Powers for the collection of the sums belonging to each of them.

The present bond represents the sum of 450,000,000 Haikwan taels, calculated in gold at the rate corresponding to the gold currency of each country as indicated above.

CITIZENSHIP OF LAM CHUNG WA, A CHINESE NATURALIZED IN HAWAII PRIOR TO AUGUST 12, 1898, AND SUBSEQUENTLY RESIDING IN CHINA.

Mr. Conger to Mr. Hay. No. 804.]

LEGATION OF THE UNITED STATES,

Pekin, November 4, 1901. SIR: I have the honor to inclose to you herewith copies of correspondence relating to the claim to American citizenship of one Lam Chung Wa, a Chinese living at Canton, and to be, etc.

E. H. CUNGER.

case:

(Inclosure 1.) Mr. McWade, consul, to Mr. Goodnow, consul-general. No. 193.)

CONSULATE OF THE UNITED STATES,

Canton, China, October 16, 1901. MY DEAR MR. GOODNOW: Will you kindly give me your advice in the following

Lam Chung Wa, a resident of Canton, has called on me at the consulate and preferred a request to be registered here as an American citizen. He was a resident of the Hawaiian Islands for seventeen years, prior to that Territory becoming our property. His papers show that he was a naturalized Hawaiian subject. He left Hawaii in 1897 for Canton, where immediately after his arrival he engaged in business as a merchant. He is still a merchant and in good standing. I inclose for your courteous perusal and decision all of his original papers and his photograph.

I have told Lam Chung Wa that I will refer his case to you for decision. I hope that I am not giving you too much trouble. With kindest regards, etc.,

ROBERT M. McWADE, Consul.

[Inclosure 2.)

Mr. Good now to Mr. Conger. No. 357.)

CONSULATE-GENERAL OF THE UNITED STATES,

Shanghai, October 22, 1901. Sir: I hand you herewith Consul McWade's No. 193, and hope you will instruct him. I am, etc.

JOHN GOODNOW.

(Inclosure 3.)
Mr. Conger to Mr. Goodnow.

NOVEMBER 1, 1901. Sir: I have to acknowledge receipt of your dispatch No. 357, of the 22d ultimo, transmitting Consul McWade's dispatch No. 193, of the 16th ultimo, requesting instructions upon the citizenship of one Lam Chung Wa.

It appears from the evidence submitted that the said Lam Chung Wa is a native of Heong Sang, in the province of Kuangtung, Empire of China; that on the 19th day of August, 1886, he was naturalized as a citizen of the Kingdom of Hawaii before W. M. Gibson, minister of the interior; that he was recognized as such naturalized citizen by passport No. 1454, issued to him September 1, 1890, by the acting consulgeneral of Hawaii at Hongkong, and again by a special certificate issued to him by H. E. Conger, minister of foreign affairs of Hawaii, on November 22, 1897.

The act of Congress of April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii,” provides as follows:

“Sec. 4. That all persons who were citizens of the Republic of Hawaii on August 12, 1898, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii.”

By virtue of the above Lam Chung Wa is a citizen of the United States, unless he has renounced such citizenship.

In this connection I call your attention to the statement in Mr. McWade's dispatch that Lam Chung Wa left Hawaii in 1897 for Canton, where immediately after his arrival he engaged in business as a merchant, and where he is still a merchant in good standing

Å citizen of the United States “may reside abroad for purposes of health, education, amusement, or business for an indefinite period, and may even acquire a civil or commercial domicile there, without expatriation, providing he does so with the intention in good faith of returning to the United States. But if he permanently withdraws himself and his property and places both where neither can be made to contribute to the national necessities, acquires a political domicile in a foreign country and avows his purpose not to return, he has placed himself in the position where his country has the right to presume that he has made his election of expatriation.”.

This presumption arises more readily “when a naturalized citizen of the United States returns to his native country and resides there for a series of years with no apparent purpose of returning." By some of our naturalization treaties a residence of two years in the country of nativity without the intention of returning being in some way made apparent, is sufficient to give rise to the presumption of self-expatriation.

I beg to suggest that Consul McWade be advised to exercise great care before reg. istering Lam Chung Wa as a citizen of the United States, that "his claim to American citizenship shall not be made the pretext of avoiding duties to one country while absence secures him from duties to another." I am, etc.,

E. H. CONGER.

Mr. llay to Mr. Conger. No. 429.)

DEPARTMENT OF STATE,

Washington, December 21, 1901. Sir: I have to acknowledge the receipt of your dispatch, No. 804, of the 4th ultimo, inclosing a copy of correspondence between you and the United States consul-general at Shanghai, respecting the claim to American citizenship of one Lam Chung Wa, a Chinaman, living at Canton.

Your instruction to the consul-general in the matter is approved by the Department. I am, etc.,

JOHN HAY.

DEATH OF EARL LI HUNG-CHANG.

Mr. Conger to Mr. Hay.

[Telegram.-Paraphrase.]

LEGATION OF THE UNITED STATES,

Pekin, November 6, 1901. (Mr. Conger reports that Earl Li's death is momentarily expected.)

Mr. Ilay to Mr. Conger.

(Telegram.-Paraphrase.)

DEPARTMENT OF STATE,

Washington, November 6, 1901. (Mr. Hay directs Mr. Conger to express deepest sympathy with China in the imminent loss of her great statesman.)

Mr. Conger to Mr. Hay.

[Telegram.-Paraphrase.)

LEGATION OF THE UNITED STATES,

Pekin, November 7, 1901. (Mr. Conger reports the death of Earl Li at 11.15 on the morning of the 7th of November.)

Mr. Hay to Mr. Conger.

No. 407.]

DEPARTMENT OF STATE,

November 8, 1901. Sir: I confirm herewith telegrams“ from and to you respecting the death of Earl Li Hung-chang.

The Government and people of the United States sympathize with China in the loss sustained by her in the death of the statesman who for so many years shone preeminent in the councils of his country, and who gave many proofs of his esteem and friendship for the United States. I am, etc.,

JOHN HAY.

Mr. Wu to Mr. Ilay.

CHINESE LEGATION,

Washington, November 8, 1901. SIR: It is my painful duty to announce to you the death of His Excellency Li Hung-chang, Earl of Sub-yih of the First Rank, Grand Tutor of the Heir Apparent, Grand Secretary of State, Viceroy of Chihli, and Plenipotentiary of China, etc., which, according to telegraphic information received by me, occurred on the 7th instant about noon. Accept, etc.,

Wu TING-FANG.

Mr. Tay to Mr. Wu. No. 185.]

DEPARTMENT OF STATE,

Washington, November 11, 1901. Sir: I have the honor to acknowledge the receipt of your note of the 8th instant, announcing the death, on the 7th instant, of His Excellency Li Hung-chang, Earl of Sub-yih of the First Rank, Grand Tutor of the Heir Apparent, Grand Secretary of State, Viceroy of Chihli, and Plenipotentiary of China, etc.

In reply I beg to assure you that the Government and the people of the United States sympathize with China in the loss of her great statesman, who gave so many proofs of his esteem and friendship for the United States.

The United States minister to China, who had already reported the death of Earl Li, has been instructed to offer appropriate condolences. Accept, etc.,

John Hay.

* Printed, ante.

« PreviousContinue »