The decree marks a step in advance, and is proof that the Chinese do not
intend “to regard” the treaties “with indifference, as if they were hut
matters of form.”
Hon. William H. Seward,
Secretary of State,
[Enclosure.—Translation.]
The office charged with the general administration of foreign affairs
has presented a memorial requesting that the local authorities under
the different provincial governments be instructed in all cases in
which Chinese and foreigners may be parties to follow the course
prescribed by treaty. The office represents that one Englishman and
three Prussians, who had been committing a robbery in the Tillage of
Ma-chwang, in the province of Kiangsu, having got into collision
with inhabitants, three of whom they mortally wounded, were seized
and bound by the villagers and carried to the local authorities; and
that the local authorities, each in turn endeavoring to transfer his
responsibility to some one else, would have nothing whatever to say
to the charge of them; that the foreigners were accordingly left
three days in their hands, and that two of them died of their
sufferings. The office has written to the provincial government
concerned to inquire into this matter and take the necessary
steps.
In any province into which a foreigner may have taken od himself to penetrate unprovided with a
passport, or in which he may have got into collision with the
inhabitants or committed any unlawful act, it becomes the duty of
the authorities under treaty to forward that foreigner to his consul
to be punished.
In the case of this affray at Ma-chwang, the conduct of the
authorities, if, as the memorial represents, instead of proceeding
with the expedition enjoined by treaty, they let the foreigners
remain bound so many days that their confinement proved fatal to
life, was undoubtedly bad; but would it not be even a worse matter
if under the provisional governments generally there were the same
evasion of responsibility, the same unwillingness to act for fear of
consequences?
We command, then, the governor generals and governors to give strict
orders to the local authorities in their jurisdictions to observe
for the future that any foreigner who may take on himself to go into
the interior unprovided with a passport, or who though carrying a
passport may be guilty of any unlawful act, or whose passport may
not be in order, is to be seized and forwarded to his consul for
punishment; that any foreigner seized by people who may have
suffered at his hands and carried to the local authorities before
the latter can have cognizance of his act, is, as soon as he is
brought up to them by his captors, to be forwarded in
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accordance with treaty to
the nearest consul for punishment; and that, whether seized and
forwarded by the authorities or by the people, though kept in such
restraint as will prevent his escape, he is not to be maltreated by
the way.
And whereas cases in which Chinese and foreigners are parties are of
very frequent occurrence, we further command the local authorities
to study constantly and make themselves thoroughly conversant with
the foreign treaties. They are not to regard them with indifference,
as if they were but documents of form, lest so doing when the
occasion for their application of the treaties presents itself, they
commit errors in more ways than one.
Respect this
January 14, 1865, (Tunchi, 3d year, 12th
moon, 17th day.)
