Mr. Seward to Mr. Williams.
Sir: On the 19th of July last I had the honor to receive your despatch of the 12th of April, No. 30. In that paper you gave me, by way of information for general uses, some particulars relating to the desecration of the American cemetery at Tangchau, together with a copy of correspondence on the subject which had then taken place between yourself and Mr. E. T. Sandford, the consul of the United States at Chifu.
In that paper you neither asked for instructions upon the subject, nor suggested any remedy for the proceeding complained of.
In my number 33, under the date of the 30th of July last, I asked you “What is the custom for guarding foreign cemeteries in China? Whether the Chinese government charges itself with the duty, or whether it is assumed by foreign residents, or their consuls? It is not without surprise that I now receive your despatch of the 10th of August, No. 28. From this last paper I learn that Mr. Sandford, consul as aforesaid, without having any instructions from yourself or from this department, went, on the 10th of July last, with the late Captain Townsend, and a band of one hundred armed men, in the United States war vessel Wachusett, to Tangchau, to investigate the trouble existing there; that a long discussion on the subject of the desecration of the cemetery ensued between the consul and Captain Townsend on the one part, and the Chinese prefect of the district on the other; that in this conversation the consul and the captain demanded that the prefect should arrest the members of the Kung Kue, together with two others; that the persons so arrested should be brought and tried before the consul and the captain; that they should pay an indemnity of 200 taels; and that the local authorities, after complying with these terms, should further give security that there should thereafter be peace. Your despatch then proceeds to inform me that the Chinese prefect made delays and evasions of these demands, and that, finally, the consul and the captain retired from the place, and afterwards made a report of their proceedings to yourself. Your despatch is accompanied by a correspondence which was thereafter carried on between Prince Kung and yourself in regard to these affairs. From this correspondence; I learn that, besides the desecration of the cemetery, another question entered into the discussion which took place at Tangchau, viz: a demand by the consul and the captain that the prefect should arrest those of the gentry who were, preventing him and others from renting houses, and bring such persons to be tried and punished before Captain Townsend.
It distinctly appears in the correspondence that it was instituted on the part; of Prince Kung, in the form of a complaint made to yourself, instead of having been instituted by you in preferring complaints against the prefect to Prince Kung. In your reply to Prince Kung you dwell, not improperly, upon the grievances suffered by citizens of the United States at Tangchau, while at the same time you make those grievances a ground of excuse for the proceedings which were adopted by the consul (Sandford) and the captain of the Wachusett.”
I feel very sensibly the embarrassment of giving instructions at this distance which will be applicable to the prevention or settlement of unforeseen local disputes to arise in China. Nevertheless, there are some principles which may be safely adopted. One of these is, that consuls ought in all practical cases to refer every question tending to bring on a conflict to the legation, and to await instructions there from before resorting to the expedient of threats or demonstrations by force.
Second. That every grievance or wrong committed or permitted by the Chinese [Page 565] local authorities which is sufficiently grave to become the subject of threats or demonstrations of force, is sufficiently serious to be made the subject of an earnest representation to the Chinese government.
Third. That no such threats or demonstrations ought to be made without definitive instructions, proceeding either from the legation in China or from this department.
Fourth. That this government should be kept punctually advised by the legation of all proceedings to which the minister in China lends his sanction.
I do not think it expedient to hazard the impairing of the dignity and authority of the United States in China, by expressing a formal and official disapprobation of the proceedings which took place at Tangchau, but, with the authority of the President, I give you the following explicit instructions in regard to this and kindred matters.
First. That you will employ, or direct the consul to employ, on reasonable terms, some reliable person to watch the cemetry at Tangchau for the period of one year. Such person should be, if possible, not obnoxious to prejudices on the part of the Chinese; and he should report to you directly, or through the consul, any future desecrations of the cemetery which may occur.
Second. That in regard to the desecrations which have heretofore been committed, you apply directly, earnestly, and urgently to Prince Kung for such indemnities as will be sufficient to repair the injuries which have been committed, and that he cause the individuals who committed the offences to be brought to speedy punishment; and also that the Chinese government will indemnify us for the expense incurred in watching the cemetery.
Third. That you ascertain all the facts involved in the charge that Chinese subjects prevented citizens of the United States from renting houses. That if, in your judgment, the facts warrant it, you make a proper representation of the grievances to Prince Kung, and ask for immediate and effective redress and indemnity, provided that the demand can be sustained under a proper con struction of the treaty between the United States and China, but not otherwise.
Fourth. That you report to this department such proceedings as you shall take in the premises.
I am, sir, your obedient servant,
S. Wells Williams, Esq., &c., &c., &c.