M. Otin to the Yamun, containing a draught of a protocol, October 9, 1873

M. Otin to the Yamun, containing a draught of a protocol.

To His Imperial Highness Prince Kung, and the Members of the Foreign Office:

I have the honor to inclose the draught of a protocol in five articles for your consideration, which, if they are found to be such as you can agree to, we can then sign and seal. They contain nothing different from what was agreed to at the conference at the Russian legation on the 1st of August; and I respectfully request your highness and their excellencies to examine them with a view to their adoption. If there are some points which can advantageously be altered, please inform me. But before this affair can be properly settled, it is necessary that the unfounded rumors relating to the high authorities in Cuba should be fully discussed; and to this end I beg your highness and their excellencies to send me true copies of the dispatches of the United States consul at Amoy, and of the American minister, Mr. Low, containing these calumnious charges, so that I can examine them.

protocol.

The undersigned, prince and ministers of the Tsung-li-Yamun, and the chargé d’affaires for Spain, (M. Otin,) after having discussed the means of conciliating the difficulties between the governments of China and Spain, with regard to emigration to Cuba, have agreed to the following points:

• The Chinese government will appoint a delegate to proceed to the island of Cuba to investigate the veracity of the facts denounced connected with Chinese emigration. This Chinese delegate shall be assisted in his investigation by two Spanish delegates, one from the foreign office, and one from the colonial office of Madrid.
• The governments of China and of Spain will request the governments of England, Germany, France, Russia, and the United States, as mediating powers, to instruct their respective consuls or consuls-general at Havana to join the above-mentioned Chinese and Spanish delegates in their labors, forming altogether a mixed commission of investigation.
• This commission shall draw up a report on the facts alleged and on the general condition of the Chinese in Cuba, according to the prevalent opinion, by majority of votes.
• Pending the report of the commission, emigration by contract to Cuba shall be suspended; but it is clearly understood that if the said report shows that the facts imputed were incorrect, the Chinese government shall at once re-establish emigration by contract to the island of Cuba according to the regulations in force; and shall furthermore pay to the government of Spain an indemnity for the losses and damages that Cuban land-owners and their agents might have sustained since January last by the prohibition.
• The amount of such indemnity shall be fixed by common understanding, by the Tsung-li-Yamun and the Spanish legation in China; and failing to agree, the matter shall be submitted to the representatives in Peking of the five mediating powers.