No. 137.
Mr. Williams to Mr. Fish.
Legation of
the United States,
Peking, November 24, 1873.
(Received January 26, 1874.)
No. 12.]Sir: In continuance of my recent dispatch, (No. 9,
of 6th November,) I have now the honor to send you the remaining papers
connected with the adjustment of the differences between the Spanish chargé
d’affaires and this government.
Soon after the date of Baron Holleben’s letter of the 24th ultimo, and
[Page 229]
the interview with the Yamun on
the 30th, referred to in my dispatch, at which the draft of a protocol in
two articles was presented on behalf of M. Otin, the Chinese officials,
having had time to reconsider their declinature of that mode of arranging
the matter, sent an informal note, signed by the prince, on the 7th instant,
accepting it in substance. (Inclosure 1;) their conference with Messrs.
Macpherson and Huber had probably tended, too, to convince them that M.
Otin’s proposal did not necessarily interfere with the freedom of their own
commission, but was a courtesy required by the intercourse of nations, the
rejection of which would only recoil on themselves.
The Spanish chargé d’affaires thereupon resumed his official relations with
the prince, and a circular-note to this effect was issued on the 12th.
(Inclosure 2.) The hesitation and unwillingness of the officials to admit,
or even discuss, the articles of the first protocol were, I think, chiefly
owing to their impression that, if a Spanish officer was in any way
connected with their deputies, it must necessarily neutralize the whole
investigation. However, every point having been cleared up, and the terms of
agreement settled, a protocol in four articles was signed on the 21st
instant, between M. Otin and three members of the Yamun. It insures the
entire freedom of the Chinese commission when it reaches Cuba, and in the
Chinese text asks the good offices and support of the local authorities in
the same terms that it asks the advice of the foreign consuls. In the
English text the support of the former is even more explicitly granted.
In his letter of the 21st instant, (inclosure 3,) sending me the two versions
of his agreement, (inclosure 4,) he has requested my aid in the arbitration
which may be necessary on the return of the commission and reception of its
report. I have agreed to act on the matter, (inclosure 5,) as have also the
other ministers, excepting the Russian, who is just now absent. One of the
questions which will certainly be brought forward then will be the amount of
indemnity to be paid by this government for damage and loss incurred by the
alleged violation of its treaty obligations to allow Spanish agents to
contract for coolies. This protocol carefully omits the word indemnity, but
the fourth and fifth articles of the other contain the pith of what the
Chinese will resist if it is demanded, as they look upon it as a mulct,
because they have tried to protect their subjects from misery and
disappointment by forbidding contract-emigration to Cuba.
M. Otin has left Peking to spend the winter in Shanghai and return in the
spring, when he expects the return of the commission. Messrs. Macpherson and
Huber are now there, ready to leave by the next American mail. I can only
here repeat my strong desire that you will give all the countenance and help
to this commission which can properly be given to it; but especially that
you will bear me out in my promise given to Prince Kung in my reply of
September 5, (dispatch No. 9, inclosure 5,) and instruct the United States
consul-general at Havana to aid it in going into a thorough inquiry of the
matter.
The energy shown by the Canton authorities in arresting kidnapers, and
putting the people on their guard against the wiles practiced to get them
down to Macao, which has so materially reduced the coolie-traffic there, is,
in a great measure, owing to Mr. Low’s information, given to the government
here, and his remonstrances at their apathy over the great wrongs committed
by native brokers. Now that the Emperor has gone further, and sent a special
commission of inquiry as a further step in these efforts to restrict, if he
cannot abolish, emigration by contract, it is very desirable that every
encouragement be afforded its members in
[Page 230]
prosecuting their inquiries. If the moral support and
experience of the consuls of the five powers be honestly enlisted on their
side, it will do much to effect an untrammeled examination, and neutralize
the jealousy or intimidation which the rulers or the planters in Cuba might
otherwise show. The first proposal of M. Otin to appoint two Spanish
assessors, and make up a mixed commission, composed of Chinese, Spanish, and
consular members, would have crippled all fair inquiry; and the Yamun was
right in rejecting the proposal. Bat I am afraid, after all, that the Cuban
authorities will endeavor in some way to make the inquiry partial, and keep
the coolies out of the reach of their countrymen, or frighten them from
telling the truth; and herein the foreign consuls, especially the American
and British, can, it appears to me, help them materially.
Now that this government, after much urging and hesitation, has organized a
commission of inquiry into the condition of its subjects abroad, it is very
desirable that what is good in the effort may, by its success, so far
justify the wisdom which planned it as to lead to further similar designs
and attempts.
I have, &c.,
[Inclosure 1 in No.
12.—Translation.]
9th moon, 18th day. (November 7,
1873.)
Prince Kung presents his compliments.
In relation to the commission about to be sent to inquire into the
condition of the coolies in Cuba, it now appears that there has been a
difference of views between us in some particulars, but there is a way
in which the affair can now be arranged without difficulty.
The commissioners now appointed shall conduct their investigation
uncontrolled by anyone, but they shall confer with all the foreign
ministers in Peking before leaving, as to the mode of procedure. When
the commission returns it will present a clear report to the foreign
office, which, after it has been carefully examined in all its details
and verbal explanations, will be submitted to the body of resident
ministers for their discussion. The manner of settling the affair
between China and Spain must then come up for their careful
consideration, for which we shall have to be further indebted.
As I write to inform you of this, I also beg to wish you happiness, and
inclose my card.
[Inclosure 2 in No.
12.—Translation.]
Foreign office to Mr.
Williams.
9th moon, 23d day. (November
12.)
The members of the foreign office present their compliments.
We have lately received a dispatch from Mr. Otin, Spanish chargé
d’affaires, in which he says: The points of disagreement between the
foreign office and myself have now all been submitted to the dean of the
diplomatic body in Peking, who has carefully examined them and brought
about an honorable and fair accord upon them all. In consequence of
this, I have resumed the post and duties of acting minister of
Spain.
We have replied to Mr. Otin in the same sense, acknowledging him as
chargé d’affaires for Spain, and beg now, by this note, particularly to
thank you, sir, for the trouble which you have taken in this affair.
Wishing you daily happiness as we write, we inclose our cards.
Cards of
PAO-YUM
,
MAO
CHANG-HI
,
and five other ministers.
His Excellency S. Wells Williams,
United States Chargé d’Affaires.
[Page 231]
[Inclosure 3 in No.
12.—Translation.]
Señor Otin to Mr.
Williams.
Legation of Spain,
Peking, November 21,
1873.
M. le Chargé d’Affaires and dear Colleague: I have
the honor to transmti to yon herewith the bases agreed upon by the
Tsuugli Yamun and the legation of Spain for a definitive arrangement of
our differences upon the subject of Chinese emigration under contract to
the island of Cuba.
The kind mediation which you have already had the goodness to extend to
us, with a view to reconciliation, now encourages me to solicit the
cooperation of your experience in the conference of arbitration which is
to give solution to this matter, and to beg you to obtain from Cuba, in
such manner as you may deem proper, all the information which shall seem
to you calculated to throw light upon this question.
Be pleased to accept, &c.,
- F. OTIN.
- Mr. S. Wells Williams,
Chargé d’Affaires of the United States,
&c.
[Inclosure 4 in No.
12.—Translation.]
Copy of protocol.
In the matter of Chinese emigration to Cuba, the two powers (China and
Japan) have agreed on the following points:
- 1st.
- China may send a commission to Cuba to ascertain the condition
of Chinese coolies. The officers thus deputed by China will
prosecute their inquiries in Cuba independently and by
themselves, but may ask the advice of foreign consuls and the
good offices and support of the Spanish authorities.
- 2d.
- The two powers (Spain and China) will in advance request the
representatives at Peking of England, Russia, France, the United
States, and Germany to take the whole question into
consideration, and, when the time arrives, arbitrate
thereon.
- 3d.
- When the report of the Chinese officers shall have been
received, the Chinese foreign board will communicate a copy of
it to each of the arbitrators and to the Spanish representative;
the original document will be lodged with the arbitrators at the
time of arbitration. Consular reports concerning the condition
of coolies, if intended to be used in evidence, are to be
communicated to the Chinese foreign board and to the Spanish
representative; if not thus communicated they are not to be used
as evidence.
- 4th.
- Tae correspondence between the Spanish representative and the
Chinese foreign board on the question of Cuba, coolies is to be
handed to the arbitrating ministers, in order that all the
points therein discussed may be together placed before the
arbitrators for common and definitive settlement.
Done at Peking
the 21st of November,
1873.
Sealed and signed.
F. OTIN.
(In Chinese, Mao Chang-hi, Ching-lin and Chieng-how.)
[Inclosure 5 in No. 12.]
Mr. Williams to Mr.
Otin.
Legation of the United States,
Peking, November 24,
1873.
M. le Chargé d’Affaires, and Dear
Colleague:
I have the honor to acknowledge the receipt of your letter of the 21st
instant, and to thank you for the copy of the protocol which you signed
that day with the three ministers of the foreign office, defining the
status and procedure of the commission and the mode of final
arbitration.
I beg to congratulate you upon this basis of agreement, which fully meets
my view of the understanding arrived at on the 1st of August. The
elucidation of the results of Chinese emigration to Cuba during the last
twenty-five years will have much effect upon the whole question of
contract-labor, and every one who has a regard for the welfare of his
fellow-men must desire to see a full and un trammeled inquiry into the
matter.
I shall be very willing to lend my aid in the final settlement of the
points which may still come up between the Spanish and Chinese
governments after the return of the commission, and help to bring this
perplexing question to a peaceful and just conclusion.
I avail myself of this occasion to renew the expression of my great
regard.
- S. WELLS WILLIAMS.
- Seorñ Don Francisco
Otin,
Chargé d’Affaires for
Spain.
