Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress
Mr. Burlingame to Mr. Seward
Sir: I have the honor to send correspondence (marked from Ato L) relating to foreign residence at Tangchau.
From this you will learn—
1st. How difficult it is to secure, in the first instance, our treaty rights against the prejudices of a powerful class in China,
2d. The importance of having capable agents, like Dr. McCartee, to arrange successfully disputes which might otherwise lead to serious complications.
You will observe in the correspondence that the point is made that Tangchau is, by the spirit of the treaty, to be included as a place of residence with Yentai, its dependent port, as in the conceded instances of Canton and Whampoa, Niogpo, and Chenhai, Peintsin and Taku.
As to the remark in my letter (L) that I will suggest Dr. McCartee’s name, for another position, I have to say that I hope soon to show in person, or by letter, how the government may secure the valuable services of Dr. McCartee, himself consenting, without any additional legislation, in the position of assistant interpreter at Peking.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, &c.,&c.,&c.
Schedule.
| A. | From A. Burlingame to D. B. McCartee, asking for documents and forwarding despatch, &c. | Aug. 22, 1864. |
| B. | From Prince Kung to A. Burlingame, complaining of Mr. Mills at Tangchaufee, in the matter of renting a house. | Aug. 14, 1864. |
| C. | From A. Burlingame to Prince Kung. Will send to United States consul and ascertain the facts. | Aug. 20, 1864. |
| D. | From D. B. McCartee to A. Burlingame. Reports on Mr. Mills’s case, and enclosures | Sept. 9, 1864. |
| E. | From C. R. Mills to D. B. McCartee. Statement of the circumstances and opposition experienced in renting the premises at Tangchau. | Sept. 2, 1864. |
| F. | From A. Burlingame to D. B. McCartee. Indicates his reasons for up-holding the right to lease property there and encloses despatch to. | Oct. 8, 1864. |
| G. | From A. Burlingame to Prince Kung, showing that the opposition to Mr. Mills came from the gentry and not from the owner. | Oct. 3, 1864. |
| H. | From D. B. McCartee to A. Burlingame. Reports progress made in arbitrating Mr. Mills’s case. | Oct. 25, 1864. |
| I. | From A. Burlingame to D. B. McCartee. Approves of his action and quotes similar cases of opposition to renting houses by foreigners. | Nov. 16, 1864. |
| J. | From D. B. McCartee to A. Burlingame. Reports an amicable settlement of Mr. Mills’s case by arbitration, with approval of Chinese local authorities at Tangchau | Nov. 21, 1864. |
| K. | From D. B. McCartee to A. Burlingame. Resignation of consular functions. | Dec. 31, 1864. |
| L. | From A. Burlingame to D. B. McCartee. Acceptance of resignation. | Feb. 20, 1865. |
Mr. Burlingame to Mr. McCartee
Sir: I have only recently learned from Mr. Seward that you have been appointed United States consul for the port of Tangchau and Chifu, and have accordingly informed the Chinese government of the same, in order that they may send the necessary instructions to the local authorities for your recognition. I beg to express my great satisfaction at your appointment, and your previous acquaintance with the duties of the consular office in China will render them easy
In this connexion I now enclose copies of a communication, lately received from the Foreign Office, concerning an accusation made by the district magistrate of Punglai of an injustice done by the Rev. Mr. Mills in renting and repairing a house at Tangchau, and of my reply to the same, asking for further time to enable me to ascertain the facts of the case. As this may prove to be a test case, I wish to have such documents as will enable me to prove to the government that he did not violate the treaty in his proceedings.
I request, too, that you will express my thanks to Mr. Morrison, her Britannic Majesty’s consul, for his kind exertions in behalf of Mr. Mills.
I remain, sir, your obedient servant,
D. Bethune McCartee, Esq., M. D., United States Consul, Chifre,
Prince Kung to Mr. Burlingame.
Prince Kung, chief secretary of state for foreign affairs, herewith sends a communication.
On the 12th instant I received a despatch from the governor of Shantung, enclosing a report from the district magistrate of Punglai at Tangchau, concerning the case of a widow named Hwang, neé Chang, as follows:
“Near the east gate stands a house and lot which a foreigner wished to rent or buy, but she had declined, and her husband’s brother, Hwang Tsung-King, who had gone into Chihli province expecting to get an office, had left orders with her not to sell or rent the premises. The foreigner came again in May to talk about it, and was still more urgent for her to sell or lease it, but she declined to do either. What was her surprise, therefore, to see masons and carpenters coming to the spot on the 22d of July for the purpose of pulling down the building. He would not listen to her remonstrances, but declared that if she would neither sell nor lease it, he was still determined to pull it down and repair it as he pleased.
“The district magistrate was investigating the matter, when the intendant of Tangchau and Taican circuit sent him notice that Mr. Morrison, the British consul, had informed him that Mr. Mills, an American missionary who lived at Tangchau as a teacher of religion, had stated to him that having recently arrived there with others, for the purpose of teaching, they could get no residences, and had arranged to rent the oil shop of Hwang Tsung-King, outside of the eastern gate, which the owner was willing to lease; but Yuen Tingehm and others of the gentry had united in an envious spirit to spread false reports about the missionaries, and had forbidden the owner of the house to let it.
“Thereupon the said district magistrate made very careful inquiry among the gentry, who assured him that they had never spread false reports, nor interfered in this matter. It also appeared that one Hwang Chan-hen, a nephew of the widow, and another man, a constable at the east gate, corroborated the statement concerning the foreigner coming to her house and demolishing the buildings on this lot. I have, therefore, to request inquiry may be made and the case judged.”
On receiving the above I examined the 12th article of the American treaty, which reads thus: “Citizens of the United States, residing or sojourning, at any of the ports open to foreign commerce, shall be permitted to rent houses or places of business, or hire sites on which they can themselves build houses or hospitals, churches, and cemeteries. The proprietors shall not demand an exorbitant price, and the citizens of the United States shall not unreasonably insist on particular spots, but each party shall conduct with justice and moderation.” Now, in the present case, the missionary, Mr. Mills, wished to rent the widow Hwang’s house, but she was unwilling to mortgage or sell it and the lot, as the evidence all proves, as it also does that the neighbors did not interfere. He, however, obstinately bent on renting and repairing the premises, turns round and alleges in his defence that she was willing to lease them, but that the gentry interfered to prevent it, as was stated in his untrue report to Mr. Morrison.
[Page 427]Such conduct clearly violates the provision in the treaty, that no one shall he forced to rent or have his premises encroached on; and further, Mr. Mills has oppressed a desolate widow, which is contrary to the excellent precepts of his religion. Again, the city of Tangchau is not an open port for trade, and if this missionary acts in such a violent manner, despising and ill-treating the people, that it is not improbable that they will resist, and serious trouble may grow out of it.
I therefore send this information to your excellency that you may presently require Mr. Mills immediately to reimburse the widow Hwang for the buildings he has demolished, and not allow him again to try to repair any more premises without their owner’s permission, for this is very important. I shall also send instructions to the governor of Shantung to direct the district magistrate at Tangchau to prevent this attempt to rent, and when he has learned the amount of damage incurred by taking down the buildings, to demand it of Mr. Mills and pay it to the widow.
His Excellency Anson Burlingame, United States Minister.
Mr. Burlingame to Prince Kung.
Sir: I have the honor to acknowledge your communication of the 14th instant, in which you inform me that the governor of Shantung has reported to you the case of Mr. Mills, an American missionary, who wished to rent premises of the widow Hwang, living outside of the east gate of Tangchau, and had sent masons and other workmen to the place, on the 22d of July last, to pull down and repair the buildings without her consent and against local usages. And further, that a despatch had been received from Mr. Morrison, the British consul, who had stated in it that the owner was willing to lease the premises, but that one Yuen Tingchin, and others among the gentry, had interfered to prevent her doing so.
It is to be inferred that as these two statements differ in many respects, there are still some other circumstances not fully explained; and as I have hitherto heard nothing of the case, I will immediately instruct Mr. McCartee, the American consul, to inquire into the matter, and report to me in order to come to a settlement of the matter.
In the despatch, under reply, it is stated that such an act as oppressing a desolate widow is contrary to the precepts of religion, and this is quite true; but I have heard that Mr. Mills has been engaged in missionary labors in a quiet way, and that he is a kind and honorable man. The allegations made in the despatch should therefore be thoroughly examined and sifted to learn their truth, and a summary decision not be made on the report of one party; an opinion in which your highness will no doubt concur.
I have the honor to be, sir, your highness’s obedient servant,
His Imperial Highness Prince Kung, &c.,&c.,&c.
Mr. McCartee to Mr. Bmlingame.
Sir: In pursuance of the instructions contained in your excellency’s despatch of August 22, I have now the honor to report, that I have carefully examined the statements of the Rev. C. R. Mills, and of several Chinese who are still or who have been in his employ during the time of the contention about the premises in dispure, and I would respectfully submit as my opinion, that while there is no evidence that he had any intention to violate the treaty in his proceedings, he unfortunately can produce nothing in the form of a deed of sale or landlord’s agreement, nor any document from the owner of the premises, Hwang Tsung-King, authorizing their sale or rental. Mr. Mills seems to have felt satisfied of the willingness of the owner, from the assurances of the house-agents, Hwang Chuh-Kian and Chu Sin-Ugan as also of a man named Lin, who professed to have been sent to him by the latter, but particularly of the broker Ching, a native of Nganhwai province, who professed to act under the authority of a power of attorney, asserted to have been executed by the owner, Hwang Tsun-King, to his wife’s nephew, Wang Tsin-ping, authorizing the latter to sell or otherwise dispose of the property. It does not appear that Mr. Mills ever saw this document, Or that he ever personally met, or had any communication in writing with, either of these two persons, but seems to have taken possession of the premises at the instigation of the aforesaid Ching. This man assured him that the owner was perfectly willing, but feared to incur the enmity [Page 428] of the gentry of Tangchau, who, it is reported, have formed a league to intimidate and hinder all persons from renting or selling houses to foreigners. Ching advised Mr. Mills to enter and occupy the house at once, promising to obtain a regular bill of sale or lease three days after so doing.
Neither rent nor parchase money have yet been paid, and the only document Mr. Mills holds from any of the parties interested is a receipt from Hwang Yuh, and signed by his father with his mark, but not attested by the signature of witnesses. By the advice of Ching Mr. Mills also wrote to the district magistrate of Punglai, inquiring if a deed of sale executed to a foreigner would be considered valid, to which no written reply was received, but a verbal message was sent to him “impeaching the validity of the purchase.” One native witness whom I examined stated that in this message the magistrate also warned Mr. Mills that he would not be responsible for compensation if he (Mr. Mills) allowed himself to be swindled by dishonest men.
Mr. Mills then went to Chifu and consulted the. British consul, M. C. Morrison, esq., expressing to him his satisfaction that the owner of the property was willing to transfer it to him. Mr. Morrison, upon the supposition that Mr. Mills had sufficient evidence of this willingness, concurred, as the latter states, “in the propriety of so doing, only recommending that it should not be done if likely to produce a popular rising.
“He returned to Tangchau, and, at the request of Hwang Yuh, the tenant, having notified the family of the owner, proceeded to take possession of the premises, and to make alterations and repairs. He was opposed by Hwang Tanming, a nephew of Hwang Tsun-King, who drove away his workmen, whereupon his colleague, Mr. Mateer, and himsef commenced to make the repairs and alterations with their own hands. At this time, thel widow Hwang and the nephew or nephews of Hwang Tsun-King, petitioned the district magistrate against Mr. Mills, accusing him of taking violent possession, &c, who replied by issuing a proclamation, in which he quoted that part of article XII of the United States treaty which prohibits proprietors from demanding exorbitant prices, and citizens of the United States from taking forcible possession of houses, &c.
Mr. Mills proceeded with his repairs, leaving a servant in charge of the premises during his absence or Mr. Mateer’s. An attempt was made by some unknown person to blow up the house with gunpowder, whereupon one of the Chinese witnesses testifies that Messrs. Mills and Mateer armed themselves with a revolver and took turns in watching the premises day and night. Hwang Tan-ning hearing of this, and being apprehensive that a serious disturbance might arise, went there, and calling Mr. Mills aside, told him to go on with the alterations, assuring him that sooner or later the premises would be conveyed to him in a legal manner.
This account is derived from the statement of Mr. Mills, and of Chinese who now are, or were at the time, in his employ. Tangchau is distant from Chifu about 165 li, or 50 English miles by the ordinary road, which renders it impossible for me to get from it the evidence of the witnesses for the plaintiff, or to communicate with and receive replies from the authorities relating to this affair, without such delay as will preclude the possibility of forwarding the results to Peking by the steamer for Tientsin, which is expected to arrive this evening.
It appears to me that this case is likely to prove, as your excellency remarks, a “test case;” and if Mr. Mills, whether innocently or otherwise, has violated the treaty and shall be compelled to evacuate the premises, and pay damages to the injured parties, the result will be most disastrous to foreign influence in Tangchau, and calculated to embolden the gentry of that city in their endeavors to prevent the missionaries and others from renting or obtaining building sites, not only in that place but in every other where their influence extends.
You are doubtless aware that for more than twenty-one years I have held the appointment of missionary physician and translator, under the same society of which Mr. Mills is a clerical missionary. It might be supposed, therefore, that I should wish him to be successful in this suit, and if it should appear that his course is one which ought justly to be sustained, I shall be most happy to contribute all the energies I possess to the furtherance of this cause. But the question of justice or injustice, as in duty bound, I respectfully submit to your excellency’s decision, and beg to subscribe myself,
Very respectfully,
His Excellency Hon. Anson Burlingame, United States Minister, Peking.
P. S.—I enclose a copy of a communication from the district magistrate of Punglai, addressed to the missionaries at Tangchau, calling their attention to an order coming, in the first place, from the foreign office, requiring him to summon Mr. Mills, and order him to obey the treaty by evacuating the premises if he had been guilty of taking forcible possession.
2d P. S.—September 14. I had hoped to be able to send the formal statements of Messrs, Mills, Mateer, and Crawford, and of the Chinese in Mr. Mills’s employ, but they have not reached me. I, however, send a copy of Mr. Consul Morrison’s despatch to the intendent of circuit, which has been kindly placed at my disposal. In a private note he remarks: “The impression which (without a personal knowledge of the circumstances) Mr. Mills’s narrative gives me is, that his view of the case is probably the correct one. I think if he remain quietly [Page 429] in possession for a little while, that the opposition will die away, which appears to have emanated from the gentry and scholars, more than from the owners of the property.”
The names of the gentry mentioned in Mr. Morrison’s despatch are Yuen Ting-chin, Mu Yerch-King, “and others, men of distinction in this place, who, on behalf of themselves and the principal property owners, have resolved at a public meeting that no more real estate shall be conveyed to foreigners.” This remark is an extract from Mr. Mills’s representation to the British consul, but I have no documentary evidence in proof of it, I am able only to send Mr. Mills’s informal statement of the case at this time.
Statement of Rev. C. R. Mills.
Early in the spring, when the renting of the property was first proposed, I called on the owner at his house in reference to the matter. A public meeting of the gentry had just been held in reference to my renting another house in the city; and, as the district magistrate in formed me, they had proposed offering violence to foreigners; while others have told me that they declared to him that, though the owner of the house in question desired to rent it to foreigners, they would not permit it. As I had avowed that my object was the negotiation about the house, it was from this cause, I believe, that I had difficulty in obtaining an inter view. At last I received a message from the owner that the matter should be intrusted to a neighbor, Mr. Lin, who would communicate with me, and two days after this man told me the property was rented. He also remarked that he had heard the owner say he had no personal objections to renting to foreigners, as they would probably pay a good price; the only real difficulty was the opposition of the gentry, but that the tenant might sublet to me if he chose.
About the same time Hwang Yuh, the tenant, came to my chapel voluntarily, and, in the presence of Wang Hwa-yuen, affirmed that he had no objection to my coming, provided the owner was willing; but, as he did not put this in writing, I did not act upon it, and gave up for the time all expectations as to the house. In the mean time the owner left the city.
Some time after two real estate agents, named Hwang and Chu, called to say to me that they came to open negotiations for the house, and, as I believed, with authority to do so; for one of them, then or soon after, said that the owner had been written to upon the subject, and his answer was expected. They were informed that I preferred to rent rather than buy, and were told that I knew the property in question had been bought for 600 strings of cash. This remark accounted for their not returning, I fully believe, as they had promised to do. Another period elapsed, when a third agent, named Ching, came to me, proposing to sell the property; and, as it seemed impossible to rent, I reluctantly opened negotiations with him for buying it. After some bargaining the price was agreed upon at 800 strings of cash in the presence of two men, Lin and Chang. He claimed an extra allowance as broker because I was a foreigner, and I subsequently agreed to pay him eight strings of cash, with which he was satisfied, and the bargain was closed in the presence of Chang and Lin. No intimation was given that the transaction was not on behalf of the owner, and the agent Ching particularly stated that he had been heard from. I certainly believed it to be a bona fide bargain, and so did all the Chinese witnesses.
I offered to pay the money at once on his giving up the title, but he objected, which I attributed to a suspicion he might have that I wished to get the document and then refuse to faithfully pay the money, and not to any invalidity in the purchase. It might also be an honest mistake as to the feasibility of getting a title for a foreigner, for he asked me to write to the district magistrate and inquire whether a title could be given to a foreigner. I regarded this as gratuitous, but did so to remove the agent’s scruples, and he promised to apprise this officer of the sale of the property. The district magistrate made no written reply to my letter, but sent a verbal message to me impeaching the validity of the purchase.
I then investigated the matter with the agent, who then told me that the owner, owing to the opprobrium attaching to the sale of land to a foreigner, chose to use the name of a certain relative in this transaction named Wang Tsin-ping. such transfers being frequently made in China, and strongly urged me to move at once in to the house, assuring me that the title should afterwards be given. He added that this relative had a claim on the property, his grandfather having lent money and taken this land as payment for his debt.
Before following this advice I went to Chifu to consult with Mr. Morrison, the British consul, (there being no United States consul near.) and told him my purpose to take possession of the premises, according to the suggestion of the agent. He concurred in the propriety of the step, only recommending that it should not be done if likely to produce a popular rising.
I returned and proposed to take possession of the house, informed the tenant so, and asked him to let the owner’s family know; but, at his request, I told them. Hwang Tang-ming, [Page 430] a nephew of the owner, objected, but I have no evidence that he acted by authority, and he had declined to negotiate early in the spring, when I wished to rent it. Some angry words passed at this interview, at which I probably showed too much feeling. The next day, June 22d, I went to the house, and in this man’s presence Mr. Mateer removed a window from it, whereupon he left as in a passion. The next day he came and ordered some of the workmen to leave; but in the afternoon, in company with another member of the family, he returned and offered to settle the matter for me. I agreed to do so if he would put his offer in writing, but he declined doing that, and, as a third course, proposed to leave the whole matter to the decision of the district magistrate. I consented, and we repaired to the office for that end, but the magistrate refused to see us. I then proposed to accept the same terms from the prefect; but he declined going to that officer unless I would lead the way to his office, which I objected to, not being a Chinese subject. We therefore did not visit the prefect.
The next day, June 24th, two land agents, named Hwang (a distant relative of the owner) and Chu, came to my house early, and requested me to postpone my repairs on the house. They said they came with authority, and were sent by the nephew. I accordingly stopped work; but, toward evening, they came again to say that the title could not be made out then, but directed me to go forward with the repairs. I believed this to be authoritative.
A day or two after the nephew, Hwang Tang-ming, met me there, and we conversed together without any ill feeling, when he intimated that some difficulty existed which he wished to explain privately to my assistant. They then held a private conversation, when Hwang said that the only fear was that the district magistrate, taking advantage of a misunderstanding existing with the owner, Hwang Tsun-King, since last winter, would make a pretext of the sale to injure them. They both urged me to call on him in their behalf to request him to settle the case. I did so, but he failed to execute the promise he made to settle it. Shortly after my teacher called on the family, when this nephew and others of the household promised him that they would draw up a paper authorizing me to proceed with the repairs, but it was never sent.
My relations with the renter, Hwang Yuh, have uniformly been friendly. He had sublet the house to one or more persons, one of whom received a compensation from me for moving out. Hwang Yuh has consistently expressed the utmost willingness that I should occupy the property, and has given me a receipt signed by his father-in-law for the 20,000 cash which i paid him for damages done to the garden during the alterations made on the premises.
I have made this statement at Chifu, and there is consequently a want of precision in the dates; but I have given all the facts, so far as I know, necessary to a clear understanding of the case, and am not conscious of having withheld any facts because they might not promote a decision in my favor.
P. S.—I have just received from a man at Tangchau, in whom I have entire confidence, what purports to be a message from the district magistrate, recommending me to hand the eight hundred strings of cash to the consul, with the request that he would in turn hand it to the intendent of circuit, who was to be requested to transmit it to the district magistrate, who would then offer to pay it to the owner and give me a title to the property.
I started for Chifu the next day in order to pay the money to Mr. Morrison, in compliance with these suggestions, and had actually called on him for that purpose, when I learned that D. B. McCartee had been invested with authority to examine the case, which would probably render such a course inexpedient at present. I may add that my informant stated that the district magistrate wished it might not transpire that this action was proposed by him.
Mr. Burlingame to Mr. McCartee.
Sir: I beg to acknowledge your despatch No. 2 of the 9th ultimo, with its enclosures, referring to and explaining the renting of the premises outside of the east gate of Tangchau by the Rev. C.J.R. Mills These papers together with your own clear statement, have put me in possession of those facts and inferences which have enabled me to present the case to the foreign office in as favorable a manner as they permitted. I have not yet received an answer to my proposition to Prince Kung to refer the settlement of the case back to you and the local authorities at Tangchau, but as. he may notify the latter of this proposal before he replies, I send you a copy of my despatch to him that you may see how I have stated the case. In it I maintain the right of foreigners to live at Tangchau city by treaty, and base this right on the city and its dependent port being both included in the intention of the treaty. Tientsin and Taku Canton and Whampoa, Ningpo and Chinhai, a.e all similar cases in this respect, [Page 431] except that at Tangchau no consuls have opened their offices. When the treaty was made in 1858, its capabilities as a port where ships could anchor and trade be carried on were not well known, and it has since proved to be less commodious than was expected.
As soon as I receive an answer from the Chinese officials I will furnish you with a copy and such directions as may be necessary.
I am, sir, your obedient servant,
D. B. McCartee, Esq., M. D., United States Consul, Chifu.
[Enclosure G]
Sir: I have the honor to inform you that on the 19th of August I sent orders to D. B McCartee, the United States consul at Tangchau, and he has, in return, furnished me with the following report respecting the case of Rev. C. R. Mills renting a house and lot:
“It appears that when Mr. Mills desired to rent the old garden and premises belonging to the widow Hwang, situated outside the east gate of Tangchau, he employed one man named Ching. with three others as brokers, whose occupation was to arrange the leasing of houses, and they inquired of the owner Hwang Tsun-King, and informed Mr. Mills of the conditions on which the place could be rented, and that the owner, Hwan Tsun-King, was quite willing to come to an arrangement. These brokers said that he was willing enough, but as the gentry might make difficulty when they heard of it, perhaps the best way would be to make the repairs first, and that the contract for the terms of the lease could be drawn up after they (the foreigners) had moved in.
“It was in this way that the brokers induced the two missionaries to begin making repairs; and they knowing that both the owners of the property and the brokers were men of respectable character, while they were much crowded in their present residence, and the/hot weather was approaching, and had even come, accordingly came with workmen to repair the buildings. The work had gone on for a few days, when Hwang Tan-ming, a nephew of the owner, came to the place and compelled the workmen to leave, and also entered his complaint before the district magistrate of Punglai. The missionaries then continued the, repairs themselves, as it was difficult to stop them midway; and the nephew likewise expressed himself as quite willing to allow Mr. Mills to proceed with the repairs, and that afterwards a regular contract could be made with the owner. When these repairs had been completed a man named Hwang Yuh, who had lived on the premises as a gardener, complained that the workmen had injured and trampled down his garden while doing the job; which, when Mr. Mills learned, he compensated him for, by paying him the sum of 20,000 cash ($27,) and took his receipt for the money, dated August 29, now in Mr. Mills’s possession.
“It is evident from these statements that the landlord and Mr. Mills had a good understanding with each other, and it was owing measurably to the arrangements and advice of the brokers that no regular lease was made out. Mr. Mills had no desire to oust any person by violence, nor had he the least intention to insult or oppress the widow, Hwang, in anything that he did.”
In presenting this report, I may observe that the port of Tangchau is mentioned in the foreign treaties among the ports where foreigners can reside for trade, although, owing to the discommodities of the anchorage at the city of Tangchau, the merchants carry on their trade at Yentai, and their vessels anchor there. Moreover, foreigners have resided at Tangchau itself several years, and leased houses there, so that it cannot be regarded as a violation of treaty stipulations to do so. The consul has forwarded to me several documents connected with this affair; and as the whole matter seems to be much mixed up, and there are discrepancies in the statements, I think the best way will be for me to refer it back to the consul to manage: and I request that the Foreign Office will likewise instruct the local magistrates to meet him, and let them consult upon, and amicably settle, the whole question between them in a spirit of mutual consideration.
I have the honor to be. Sir. your highness’s obedient servant,
His Imperial Highness Prince King. &c.,&c.,&c.
[Enclosure H.]
Sir: I have the honor to inform your excellency that, on the 29th of September, I received a communication from the Rev. Messrs. Mills and Mateer, American citizens, residing at Tangchau, informing me that they “understood that prosecution had been instituted before Chinese officers against Chang Kan-chin, on account of his having attempted to rent houses” for them in Tangchau, and soliciting for him “protection,that he may not be delivered up to Chinese officers”
[Page 432]In replying to this communication, I informed these gentlemen that, although by treaty the United States government had secured to its own citizens exemption from the jurisdiction of the Chinese officers, “the Chinese government had never surrendered its jurisdiction over its own subjects, and that, should it appear that any of them are accused of infraction of their own laws, the officers of the United States of America have no power to interfere to prevent their arrest or punishment;” but that “if it can be shown that they suffer injury on the part either of the government or of individal Chinese for their lawful employment under American citizens,” that “this will be an infraction of article XXV of the treaty of Tientsin, and will constitute a proper subject on which to demand redress. Such redress may, however, come too late to remedy the evils complained of. I also reminded Messrs. Mills and Mateer “that the consular representative of the United States of America is stationed at Chifu, fifty miles from Tangchau; that he has no man-of-war or other force at his disposal; and that his ability to render aid, or to enforce the provisions of the treaty must depend in a great measure upon the prudent conduct and cordial support and co-operation of his fellow-citizens.” I also forwarded to them a document in Chinese, to be given to Chang Kan-chin, (enclosure No. 1,) in which, after reciting the provisions of article XXV of the American treaty of Tientsin, I request from the local officers their aid and protection for him while peaceably pursuing his employment according to the treaty. At the same time I advised Messrs. Mills and Mateer that Chang “is a Chinese subject, and that we have no right to prevent his arrest for an alleged crime against the laws of China;” that “even should we suspect that the alleged crime was but a pretext for persecution on account of his lawful connexion with the citizens of the United States of America, it might be very difficult to obtain such proofs before the trial as would justify the foreign authorities in interfering;” and that if, in their opinion, “the man is in danger of arrest, the safest plan would be to send him at once to this consulate, and let the Chinese officers make their requisition for him uponUS,” &c.
I have also the honor to acknowledge the receipt (on the 18th) of your excellency’s despatch of the 8th ultimo, enclosing a copy in Chinese of your despatch to Prince Kung, proposing to him to refer the settlement of Mr. Mills’s case back to myself and the local authorities at Tangchan. On the 20th instant I received an official visit from Pwan, intendant of circuit, &c., who carne to propose that he should send for the district magistrate of Pung-lai, together with the men, Wang Tsin-ping and Ching, referred to in my previous despatch to you, and that I should send for Mr. Mills, when the dispute could be examined and decided by the public officers of the two nations, acting in conjunction, agreeably to article XXVIII of the treaty. I informed him that I had just received your excellency’s despatch, in which you stated that you had proposed to Prince Kung to refer the settlement of the case to the local authorities and myself, and that I thought it would be better to await the answer from the Foreign Office. He replied that the prefect of Tangchau was then absent from the city, but would probably return in about ten days, and that I might fix upon any time after that for the joint trial. I told him that by the time specified I thought I should be able to make some arrangement of the kind proposed.
About an hour after he left me I received a letter from Mr. Mills, at Tangchau, dated October 17, enclosing a document from the district magistrate of Punglai, addressed to the American missionary, (or missionaries,) and sent to Mr. Mateer’s house on the 15th. In it he says that he has received instructions from the intendant to eject Mr. Mills summarily from the house, and restore it to Mrs. Hwang-Chang, and, after accusing him of breach of treaty and gross irregularity, requests him to fix a day upon which he will leave the house, and enjoins him not to delay. Upon the receipt of this letter, I addressed the intendant, reciting the stipulations of articles XI and XXVIII of the treaty, reminding him of the proposition he had made to me with reference to a joint trial; acquainting him with the fact of the magistrate’s order to Mr. Mills, which I quoted in full; and telling him that it appeared to me to be irreconcilable with his own proposition the day before, as well as contrary to the treaty. In his reply the intendant states that his proposition to have the district magistrate bring Wang Tsin-pin, &c, and that I should cite Mr. Mills to Chifu for a joint trial, was according to article XII,-which prohibits citizens of the United States from “compelling [persons] to rent, and from taking forcible possession,” &c, (Chinese text;) that his order to the magistrate was given because Mr. Mills had taken forcible possession of a house without having had any agreement to rent it, and has already occupied it four months and more; and that he had been ordered by the Foreign Office to command the magistrate of Punglai to transmit orders to Mr. Mills to respect the treaty, which did not allow compulsory renting of people’s houses, and that if Mr. Mills had forcibly taken possession of one he must leave it, in obedience with the treaty; and that, therefore, his (the intendant’s) orders to the magistrate were not contrary to the treaty, nor incompatible with his proposal to me. (See enclo-surd No. 2.)
Yesterday I again addressed the intendant on the same subject. (Enclosure No. 3.) Whether his proposition to me was an afterthought, and in consequence of a wish to have a new trial—if, indeed, any trial could be said to have taken place—and thus avoid the charge of having failed to conform to the stipulations of article XXVIII; or whether it was intended to take advantage of Mr. Mills’s absence to recover possession of the house, I am unable at present to say. I am fully convinced, however, that there is a powerful party in Tangchau [Page 433] which is determined to oust, not only Mr. Mills, but all other foreigners from the city; and this of itself would be enough to prevent the landlord from executing a lease of the premises to Mr. Mills. Under present circumstances, it would be quite impracticable to induce witnesses to give testimony which might draw down upon them the vengeance of the league of the gentry; and that not only the magistrates, as Mr. Crawford deposed, (see my last despatch, enclosure A,) but the intendant also is intimidated by them, and feels it to be his safest course to side with the opposition. The previous magistrate of Punglai district lost his office in consequence of a disturbance among the literary candidates, in which he was beaten by them; and the intendant himself, when we first spoke of this affair, related to me the ill treatment he had experienced at the hands of the people of Wai-hai-wei, where he went last year to establish new custom-house regulations. He was surrounded by several thousand men, who compelled him by threats of violence to write a proclamation upon a stone tablet, assuring him that no alteration should be made in the duties.
Since writing the above, I have received (October 26) a second despatch from the intendant, (enclosure 4,) from which you will learn that the Chinese officers have prejudged the case, and that a joint trial would be of no avail. If I had legal proof that Mr. Mills had rented the house in question, or if he had even obtained a document from any person pretending to be authorized to act for the owner, I might have some hope of making it appear, at least, that he had not acted wilfully, but had been deceived. Unfortunately, I am in possession of no such proofs; and from the tone of the intendants despatches it is evident that the Chinese officers do not consider the question as an open subject at all; while, from what he says in reference to article XII of the treaty, it appears as if his object in proposing that I should send for Mr. Mills to come to Chifu was solely to have him punished by the consul according to the laws of the United States of America.
As I am obliged to prepare this despatch and its enclosures for the steamer hourly expected, and am entirely without assistance, so that I must do the whole of the translating from and into Chinese, and the copying, (save only of the Chinese documents,) I beg your excellency to excuse any appearance of haste in the present communication, and believe me that I have the honor to be, very respectfully,
Hon. A. Burlingame, United States Minister at Peking,
[Enclosure I.]
Sir: I have received your despatch of the 25th ultimo, with its enclosures, and have carefully read them, and beg to express to you my thanks for the careful and judicious manner in which you have acted in this difficult case, and for your lucid statement of its present condition.
So far as I can see, the wisest course to follow now is to wait for the Chinese officials to move. If they insist on Mr. Mills vacating the premises, the right of residing at Tangchau at all must then be settled, and that involves their power to enforce a treaty stipulation, for they may not quote one part of an article so as to nullify another part of the same article; if Americans have the right to live in that city, the first part of article XII must needs be effectual to enable them to obtain houses somewhere in it.
A similar dispute about obtaining dwellings occurred at Canton in 1846, in which, however, the United States authorities had a better case on their side; for a lease had been obtained from the owner, who had readily consented to a profitable disposal of his house and lot on the strength of the treaty; yet he was imprisoned and harshly treated, and forcibly prevented renting the house. Another man died in prison, about the same time, for the same offence against the seclusive pride of the gentry of Canton. Subsequently the opposition died away, and our countrymen succeeded in obtaining good residences, and I hope a similar change will be seen at Tangchau and Yentai.
If the Chinese still insist on Mr. Mills leaving these premises, they should offer him others, and allow the owner of these to arrange with him, on equitable terms, for the repairs laid out on the place. From what you remark, it now seems unlikely that any good would come from an attempt to settle the matter by the local authorities and yourself, and it will be advisable to wait further developments both there and in the capital.
The principle which you have expressed in your reply to Mr. Mills respecting the interference of the United States authorities in behalf of Chinese subjects is the correct one; the Chinese government has never surrendered its jurisdiction over its own subjects, and all we can do in behalf of those who may be unjustly accused or punished is to represent the facts in their case as opportunity presents. We can make no demands, nor require any com pensation or satisfaction for their wrongs.
I am your obedient servant,
D. B. McC irtee, Esq., United States Vice Consul. Chifu
[Enclosure J.]
Sir: I have the honor to inform your excellency that the suit of the widow Hwang-Chang against Rev. C. E. Mills, on an action of trespass and ejectment, has been amicably settled both parties having agreed at my suggestion to refer the case to arbitration. At the instance of the district magistrate of Punglai, the representatives of Hwang family nominated as their referee a Chinese named Li, (who I was afterwards informed was the assistant magistrate of the district,) and Mr. mills nominated H. G. Howlett, esq., (who was connected with the British consulate.) An indenture was drawn up in duplicate, and signed by Mr. Mills and by the representatives of the Hwang family, by which Mr. Mills covenanted to vacate the house on condition that the magistrate should rent for him a temple, which he specified, and the Hwang family to pay Mr. Mills 400 taels for the improvements put upon the house, and he to pay a specified rent to the family until he left the premises.
I enclose a copy of the bond given to the district magistrate and myself by the representatives of the widow Hwang, and also a corresponding bond executed by the Rev. C.R. Mills. Their originals are filed in the office of the magistrate and in this consulate. I also enclose a copy of the indenture made between Mrs. Hwang and Mr. Mills in duplicate, signed by both parties, and witnessed by their referees, each party retaining a copy; also a copy of a note from the magistrate asking for an abatement of the award, and of my reply declining to do so. His worship returned to Tangchau on the 19th instant, and I expect in a few days to receive a despatch from him acknowledging the adjustment of the case; when I get it I shall again address your excellency, and forward copies of the correspondence.
I have the honor to be, very respectfully,
Hon. A. Burlingame, &c.,&c.,&c.
[Enclosure K.]
Sir: More than a month has now elapsed since I had the honor to address your excellency, announcing the amicable settlement of the suit brought by the widow Hwang-Chang against the Rev. C. R. Mills, and, as yet, I have heard nothing further from his worship, the district magistrate of Punglai. From private letters from Tangchau, I am led to believe that the complainants represented by the widow have come to the conclusion that it is more to their advantage to allow Mr. Mills to continue to occupy the house in dispute at the rent specified in the bond, than to pay him the sum awarded as remuneration for the improvements he put upon the house. I think it may be safely concluded that the affair is now finally settled.
As it was solely with reference to the adjustment of this case that I consented to act as vice-consul, I beg, now, respectfully to announce to your excellency that I have written this day to the consul general, requesting that officer to transmit the Department of State my resignation of the office. This is the fourth time that I have had the honor conferred upon me without solicitation, and it is gratifying to my feelings to learn, through the secretary of legation, that the manner in which I have discharged the duties of the office,1 during the brief term for which I have held it, has met your approval:
I have the honor to enclose a communication from Mr. Mills, relative to outrages committed upon the graves in the American cemetery at Tangchau, sent at my request, as I thought I might wish to make some use of it in the discussion with the district magistrate. Finding, however, that he was much more likely to be conciliated than my previous correspondence with the intendant had led me to expect, I did not think it advisable to complicate the discussion by bringing forward the desecration of the tombs at that time. I now send Mr. Mills’s statement, as Dr. Williams suggests that it may be of use to preserve among the archives of the legation for future reference.
His worship, the magistrate of Punglai, was very anxious that I should write to your excellency in reference to his conduct in this affair, in such terms as would induce you to make favorable mention of his name to the foreign office. I am very happy to testify that I found him,much more reasonable, and apparently anxious to settle the affair amicably, and in accordance with the spirit of the treaty, than the intendant, who evidently desired to press the case to a decision adverse to Mr. Mills, and to drive him from Tangchau.
In taking official leave at this time, I beg to assure your excellency that, although the requirements with reference to consular officers are now such that it is impossible for me to retain the office under my present circumstances, yet, should any exigency arise in which my long residence in this country, and my acquaintance with the written and spoken language of China, may render my services desirable to promote the interests of the United States in China, I shall always be ready and willing to render such services to the extent of my ability.
I have the honor to remain, sir, very respectfully,
Hon. A. Burlingame, &c.,&c.,&c.
J Mr. Burling ame to Mr. McCartee
Sir: Your despatch of December 31, 1864, has been received. It informs me of the successful settlement of one of the most difficult cases ever presented for diplomatic action. Your conduct throughout the negotiations is deserving of special commendation. The department will learn, as I do, of your resignation with regret, and will appreciate your patriotic efforts in the past, as well as your proffer of similar services in the future.
I shall have the honor to suggest your name to the government in connexion with a place better suited than the one which you have had for the exercise of your rare qualities as a Christian, patriot, and scholar.
I have the honor to be, sir, your obedient servant,
D. B. McCartee, Esq., Chifu,