Avery to His Imperial Highness Prince Kung, November 12, 1874

No. 129. Mr. Avery to Mr. Fish.

Sir: I have the honor to inclose herewith (inclosure 1) a translation of a communication from Prince Kung, under date of November 6, giving the terms of the agreement lately effected between China and Japan, which is referred to in my No. 3 and Mr. Williams’s No. 70, both sent by this mail, together with a copy of my reply to Prince Kung, (inclosure 2.) There is a feeling of relief here that all danger of host lilies growing out of the Formosa trouble is now happily ended. I trust that the course of this legation in contributing to this result will meet your approval.

I have, &c.,

The following preamble and articles of agreement having been carefully discussed and assented to, copies of them have been exchanged as evidence [of the terms of settlement.]

As the people of every country are bound to protect others within its borders, and see that they suffer no injury, it is consequently obligatory on each country to take such measures as will secure this protection; and if wrongs have been suffered, the country which has the grievance should look to the other for redress. Now, therefore, seeing that the aborigines of Formosa had destroyed and barbarously injured certain people under the protection of Japan, it was the purpose of that government to call them to account for these acts, and to this end they dispatched troops to that region to punish them and bring them to order. The whole matter having now been fully discussed with the Chinese government, the three following stipulations, relating to the withdrawal of the troops and the manner of preventing like outrages in future, have been agreed upon by the two parties.

• As Japan had in view the protection of her subjects in all that she has now done, [in Formosa,] China does not regard those acts as wrong.
• China binds herself to pay an indemnity to the families of the sufferers; and, as she desires to retain the improvements made there in opening roads, erecting houses, and in other things done there, she hereby agrees beforehand that she will pay a sum to recoup this outlay, the amount to be hereafter determined upon.
• All the documents which have passed between the two parties in relation to this-affair are hereby recalled and canceled, so that they may not hereafter be quoted as precedent. China will take every proper measure to restrain the aborigines of that region, so that hereafter no injuiries shall be suffered by unhappy mariners who may be cast ashore among them.

Terms in relation to indemnity for the Formosan outrages.

His excellency T. F. Wade, her Britannic Majesty’s minister, having now clearly stated all the points at issue between our two countries, the following stipulations for the payments have been signed and copies exchanged this day:

China will first pay 100,000 taels to Japan, as indemnity to the families of the men who were killed in Formosa. She will farther pay 400,000 taels to Japan when the troops now in Formosa have been withdrawn, and take possession of the roads opened, houses erected, and other things done there. The money for the last will be all paid on the 20th of December next, on which day the troops will all leave, each party fulfilling his own part without fail. If Japan does not withdraw all her troops on that day, the money will not all be paid up. A copy of this agreement has been signed by each party, in testimony of its adoption.