No. 67.
Mr. Low to Mr. Fish.

No. 244.]

Sir: After I had closed my No. 242, in which was detailed the substance of what occurred at our conference with Prince Kung on the 21st, we learned through an unofficial source that the prince did not understand that he had made a definite promise to lay the matter before the Emperor upon His Majesty’s return from the tombs.

Under these circumstances the foreign ministers thought it advisable to seek another interview before the prince left town, with a view of arriving, if possible, at a clear understanding as to what he would do.

In response to our request for an interview the grand secretary and most of the ministers of the yamên met us. The prince excused himself from attendance, on the ground of having another engagement.

We reiterated in substance what we had said to the prince on the 21st instant as to the importance of having an answer to the collective note within the time which we had understood the prince to name. The Chinese ministers, on the other hand, asserted that further time was important and necessary, but offered no new reasons for delay.

In response we said that we had been ready to meet them and discuss all points of difference; that we had done so with entire frankness; that there did not seem to be any prospect of reaching a satisfactory conclusion by continuing these discussions; it, therefore, did not appear that anything would be gained on either side by further delay in submitting the question to His Majesty.

In conclusion, we remarked that, if the prince would address us a note before the Emperor left the capital, saying that, immediately on the return of His Majesty, the question shall be taken up and decided, we would rest content.

The grand secretary replied that he would communicate all we had said to the prince; he also said that, while it was probable our request would be complied with, he could not promise it.

On the 28th a note from the prince, embodying substantially what we had suggested, reached us, translation of which is sent herewith, (inclosure No. 1.)

At the same time we received a semi-official note, inclosing a memorandum; a translation of the latter accompanies this, (inclosure No. 2.) Its tone is, you will observe, anything but conciliatory. It clearly intimates that it would be derogatory to the dignity of the Emperor to receive foreign ministers in accordance with the usages of western nations, and that, unless we consent to kneel, audience is impossible. Were this document in the form of an official communication it might, with propriety, be considered a distinct refusal of the request for audience; in its present form the Chinese ministers will not consider themselves or the government as bound by it in any manner. In proof of [Page 173] this, and also to illustrate the devious ways of Chinese diplomacy, I may mention that Chŭng Hou, one of the ministers of the yamên, when making an unofficial call upon the French minister, to-day, remarked that the audience question was in a good way, and that it might be considered practically settled in accordance with our wishes; and, when, later in the day, the British minister called on him to inquire what inference was to be drawn from the language of the memorandum, he replied that it was solely intended as an answer to the arguments contained in our memorandum submitted to them on the 21st instant, (see inclosure No. 1 in 242,) and must not be taken as an announcement of a decision to which the government had come upon the subject.

I am disposed to regard Chŭng Hou’s declaration to Mr. Geofroy as a favorable indication, although it would be quite easy for his associates to repudiate it as entirely unauthorized; nor is it impossible that he was sent with this assuring message from no other motive than to keep the foreign ministers quiet during the Emperor’s mortuary excursion.

I am, however, not without hope of a favorable result.

I have, &c.,

FREDERICK F. LOW.
[Inclosure 1.]

Prince Kung to the foreign ministers.

Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication in reply:

On the 25th February I had the honor to receive a collective note from your excellencies requesting an audience of His Majesty to present your congratulations on the occasion of his assuming the reins of government.

Again on the 5th March I received a dispatch requesting me to name a time for a conference. Accordingly at an appointed time an interview was had, but there still remained necessity for further discussion on the subject.

The prince would observe that China having been in relations of the most perfect amity with foreign powers for a long time, the etiquette to be observed on the occasion of an audience is of the greatest importance.

At present, in consequence of the projected, visit of the Emperor to the eastern tombs, there is a great accumulation of business; it will therefore be necessary to await His Majesty’s return, when the prince will consult with the ministers of the yamên and prepare a special memorial for presentation to the throne.

The prince makes this reply for their excellencies’ examination, 28th March, 1873.

To their excellencies, &c., ministers of Russia, Germany, the United States, Great Britain, France.

[Inclosure 2.]

Memorandum forwarded by Prince Kung and the ministers of the yamên to the ministers of Russia, Germany, the United States, England, and France, March 28, 1873.

The memorandum received from the minister* on 21st March refers again to the passage in the 4th article of the British treaty regarding the privileges to be accorded to the British minister.

It has already been explained by the prince that in respect of privileges the Chinese government can only treat foreign ministers with the forms heretofore in vogue in China; it cannot adopt new forms.

Foreign ministers have on different occasions in past times argued this question, and the yamên has as often contended that, owing to the difference between the forms and customs of China and foreign nations, the subject would require mature deliberation before a satisfactory arrangement could be looked for.

[Page 174]

In the various discussions that have taken place since the receipt of the collective note it has never been asserted that the proposition had taken the yamên by surprise. We only argued the necessity of deliberation, the reasons for which have again and again been stated.

That the ceremony proposed by the yamên* is proper between equal nations, and that in exacting it China does not by this indicate that she regards the treaty powers as dependent states, has been so fully explained in the reply to the first memorandum presented by the ministers that it is unnecessary to repeat what has been said upon this point.

As to the mission of Mr. Burlingame and the ministers Chih and Sun, Mr. Burlingame was informed by a dispatch from the yamên, when going away, that inasmuch as the ceremonials of China and foreign nations differ, and as China could not consent to make changes which might be considered as affecting her dignity, even if exceptional privileges were accorded the mission abroad, the Chinese government would not be able to make such proceedings a precedent for her action. In the different countries visited by the mission its reception, in whatever form it may have been accorded, was the spontaneous act of the governments visited; and each government knew at the time that in China the customs and ceremonies were different. The Chinese government put no constraint upon them, and when the foreign ministers argue that the imperial government, having sent missions to the treaty powers, must now be acquainted with the rules of intercourse prevailing between western nations, the yamên might with propriety reply that the foreign ministers, having been in China many years, must be even better acquainted with the etiquette prevailing here by which intercourse between China and equal nations has been regulated hitherto.

In view of the fact that Mr. Burlingame and Chih and Sun conformed to the customs of the countries they visited, it naturally follows that foreign ministers in China should conform to the ceremonial of the Chinese government. Audience of the sovereign, as it is justly stated in Mr. Wade’s memorandum, is an evidence of friendly relations. But assuming that friendly relations would be improved by granting the request of the foreign ministers for audience of the Emperor, and conceding that it would be offensive to the dignity of foreign governments were their ministers to make the kotow, (prostration,) it should, on the other hand, be stated that, as audience of the Emperor without kneeling would be offensive to the dignity of China, it follows that this ceremony cannot be dispensed with. When the minister styles that which is offensive to the dignity of the Chinese government an evidence of friendly relations, is not this a delusion? Even more unfair is it when speaking of a measure which it is well known is impracticable, because it is, in the opinion of every Chinese, derogatory to the dignity of his government to allude to this popular feeling as “the attitude of the yamên.”

In a word, in whatever concerns the dignity of the state, each side must take care that it does no injustice to the other. In this way only can a satisfactory settlement of the question under discussion be looked for. The yamên regards this as a matter of the highest importance, and would regret to see negotiations looking to its proper adjustment end in failure.

The foreign ministers well understand China. If they will look at both sides of the question, will put themselves in place of the Chinese, will consider the position of the prince and ministers of the yamên in this discussion, they will appreciate the anxiety which this matter has occasioned the yamên and deal with it reasonably.

The prince and ministers had no desire to enter upon this discussion; they have, however, felt it their duty to reply to the second memorandum presented by the minister.

The imperial decree of 12th October, 1867, (quoted memorandum of 21st,) has never been received by this yamên, and they will be obliged by information as to the quarter from which the foreign ministers obtained it.

  1. Mr. Wade.
  2. Kneeling.
  3. The decree is embodied in a memorial from Tsĕng Kwo Fan, (see diplomatic correspondence, 1868, part 1, pp.519, 520, 521.) The document was obtained surreptitiously, but its authenticity has been admitted by one of the ministers of the yamên.