No. 139.
Mr. Williams to Mr. Fish.
Legation of
the United States,
Peking, February 9, 1874.
(Received April 28.)
No. 19.]
Sir: I have the honor to send for your information
the translation of a dispatch received about four months since from Prince
Kung, (inclosure 1,) who therein upholds the report of the intendant at
Shanghai, protesting against the action of the Great Northern Telegraph
Company, whose managers had opened a station at Woosung, and taken up the
cable between there and Shanghai. The intendant had applied to the consular
body to interfere in the matter, and restrain the telegraph company, whose
agents had, without regarding the agreement made between Mr. Wade and the
Yamun at Peking, erected their poles between Woosung and Shanghai. The
consular body referred his complaint to a committee, whose letter in
explanation of the thing, and report of their personal interview with him,
are inclosed as the best explanation of Prince Kung’s dispatch, (inclosures
2 and 3.)
This was sent as a circular to all the legations, and the general
understanding was that the best course was to let it remain unanswered. If a
discussion arose, the proceedings at Woosung could not be defended according
to the terms of the agreement referred to in it, which had, however, been
made with special reference to an English line. Its privileges had been used
by the Danish company, which was first in the field. The general terms of
this agreement are given in Prince Kung’s dispatch and the other inclosures,
and confined all telegraphic operations to hulks and submarine cables.
The intendant has taken no steps to remove the poles sinces the interview
described, and the people along the river-bank have now become accustomed to
their appearance there and in the settlement. No one has any apprehension,
therefore, of a repetition of the acts of 1864, when
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they were all taken up in a night by the country
people, with, the connivance of the intendant, because they interfered with
and injured the good luck of the region.
Moreover, as a good thing is always its own best argument and vindicator, the
native merchants at Shanghai have begun to employ the telegraph to carry on
their business with Hong-Kong and Canton and Japan to such a degree that
they desire no interruption to the line; and this public opinion has its
influence with the intendant. We shall, I think, now that several months
have passed, hear no more of the matter.
* * * * * * *
I have, &c.,
[Inclosure 1 in No.
19.—Translation.]
Prince Kung to Mr.
Williams.
Tungchi, 12th year, 8th moon,
19th day, (October 10,
1873.)
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication:
I received a dispatch on the 2d instant from the superintendent of trade
of the southern ports, inclosing the following report to him from Chan,
intendant of circuit and collector of customs at Shanghai:
“It has lately come to my knowledge that a foreign telegraph-office has
been opened at Woosung, and that telegraph-posts have been erected to
connect with the submarine cable laid between Hong-Kong and Shanghai,
the end of which has been landed there for that purpose. The treaty
makes no mention of the telegraph, and I therefore referred to the
dispatch in which the Yamun communicated to the superintendent of trade
the agreement they had come to respecting it in June, 1870, with Mr.
Wade, the British minister. This was to the effect that the cable was to
be a submarine cable, the end of which was to be made fast to a hulk to
be moored outside of the foreign anchorage. The opening of a
telegraph-office at Wu-sung, and the erection of telegraph-posts for the
reception of a cable which has been brought on shore there, being
nothing else but a rejection of a water in favor of a land line, and, as
such, being distinctly at variance with the agreement providing that the
cable should terminate in a hulk to be anchored outside of the port, I
immediately wrote to the British consul and requested him to order their
removal.
“He replied that the office was the property of the Great Northern
Telegraph Company, and that the way to proceed in the matter would be to
communicate officially with the board of foreign consuls through Mr.
Seward, the United States consul-general, who, from length of residence
at Shanghai, was at present the chairman of the board.
“In his reply, Mr. Seward, the United States consul-general, stated that
the case against the Great Northern Telegraph Company had been referred
by the board of consuls to a committee composed of the British and
Danish consuls and himself, and that he would be glad if I would fix
upon a day to meet and discuss the case.
“I met the British consul and the United States consul-general by
appointment on the 4th September last, and I pointed out to them that,
in terms of the roles laid down, the telegraph-office at Woosung must be
closed, the line of telegraph-posts removed, and the cable made to
terminate in a hulk to be moored outside of the port of Woosung. I
further showed that the Great Northern Telegraph Company, in
unauthorizedly taking upon themselves to construct a line at Woosung,
were acting in direct opposition to the rules agreed upon by Mr. Wade,
the British minister, and the foreign office; and I represented that, if
the consuls did not prevent their doing so, it was to be feared that
other mercantile communities would disobey the instructions issued by
their minister resident at Peking in a way calculated to lead to
constant breaches of the treaty and its regulations. I added that if the
merchants were to be allowed to do as they pleased in such matters, it
would be very difficult to conduct international questions between China
and foreign powers.
“To this the British consul replied, that as the Danish consul was not
present it would be better to postpone for a time further discussion of
the case. The United States consul-general, who was present at this
interview, did not dissent from this suggestion. But although a
considerable time has elapsed since the date of that meeting, not a word
further has been heard on the subject; I therefore,” adds the
superintendent of trade, “now request instructions how to act in the
matter.”
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In regard to the above, the foreign office would observe that no
provision was made in the treaty for the construction of lines of
telegraph between the treaty ports along the coasts. They therefore must
refer to the letter from Mr. Wade, the British minister, in 1870,
concerning telegraphy, which he then addressed to the foreign office, in
which he referred to a dispatch from Lord Clarendon, the foreign
secretary of state, in which he said that the telegraph-offices in
England were anxious to ascertain whether they could obtain permission
to lay cables between Shanghai and the treaty ports of Canton, Swatow,
Amoy, Foo-chow, and Ningpo. They had in ail their proposals in doing
this, meant a line which could be carried by land from place to place;
but that the present arrangement was totally different, as it
contemplated laying a submarine cable along the coast, the end of which
only was to be landed to connect with a
foreign establishment on shore.
In replying to this note of the British minister, I pointed out that the
question of introducing telegraphs into China was attended with great
difficulties; but stated that no opposition would be offered to the
laying of a submarine cable along the coast, provided the end of it was
not brought on shore and did not in any way touch ground at the treaty
ports. I further observed that it was only by clearly defining the
limits within which telegraphic operations in China might be carried on,
that one could hope to avoid future complications.
In his rejoinder, the British minister stated that he had signified to
the telegraph agent sent out, for the information and guidance of his
principals, that the end of the cable must not be brought on shore, and
that, to prevent possible complications, it was essential that means
should be devised for carrying out the project within the limits
imposed.
It follows, therefore, that the Great Northern Telegraph Company, in
opening an office at Woosung, and in erecting telegraph-posts, or, in
other words, in bringing the cable on shore, and in thus constituting it
a land instead of a submarine cable, have acted in direct opposition to
the rules laid down in the note of the British minister above quoted;
and as the case has been referred to the United States consul-general,
the British consul, and the Danish consul, it is requisite that
instructions should be sent to these officers to have the proceedings of
the telegraph company put a stop to.
In view, therefore, of the report that has been forwarded by the
superintendent of trade of the southern ports, it is my duty to request
that your excellency will direct the consul-general that by the
agreement of 1870, the telegraph-posts and telegraph-office belonging to
the said company must be at once removed from the places in which they
are now standing.
[Inclosure 2 in No. 19.]
Report of committee in the Great Northern Telegraph
Company matter.
Shanghai, September 10,
1873.
In pursuance of a resolution passed at a meeting of the consular body
held at the United States consulate-general on the 27th of August, 1873,
to the effect that Messrs. Seward, Johnson and Medhurst should seek an
interview with the Taotai for the purpose of ascertaining his actual
views in respect to the telegraphic communication lately opened between
Woosung and Shanghai, Messrs. Seward and Mednurst called upon the Tautai
on the 4th of September, 1873.
The Tautai was attended by Chăn, the mixed-court magistrate, who took an
active part in the conversation.
Messrs. Seward and Medhurst directed their efforts toward discovering how
far the objections raised by the Taotai in his official letter were
positive as against the institution of telegraphs generally, or were
only officially put forward with the object of setting himself right
with his superiors in respect to the particular line objected to.
The Taotai disclaimed any desire to oppose telegraphy in general. He
referred to the so-called agreement with Mr. Wade, and declared it to be
the sole ground of his objection. He was bound, he said, in duty, as
well as for his own sake, to see that the understanding come to by the
Tsung-li Yamun was strictly acted upon; and if the consuls could only
arrange so that the views of the telegraphic company were carried out in
accordance therewith, he would be satisfied. He was even prepared, he
said, to stretch a point, if the consuls would on their part defer to
his objection.
He admitted the existence of other lines in the settlements, but he
argued that these did not afford any precedents, seeing that they were
within the boundaries allotted to foreigners, and had not been made the
subject of agreement. It was urged that the line objected to was upon
property owned by foreigners, and in no way prejudiced any rights,
private or public. But he could or would not see how this affected the
question; an understanding had been come to, and it could not be
departed from by the one side without the consent of the other. It was
then suggested that, as he had performed his duty by protesting, he
might rest satisfied with the mere protest; but this he declined to
admit. His duty, he pleaded, extended to seeing that his protest was
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effectual, otherwise he could
not set himself right with his superiors. It was then argued that the
understanding, if any, had long ago been broken through by previous
Taotais; for, as a matter of fact, the line had been landed from the
very first, and run into the company’s premises, in Nanking road. The
breach of agreement having thus been condoned, it was too late now to
raise objections. To this he replied, that any failure of duty on the
part of his predecessors could afford no excuse for his following in
their footsteps. The vast utility of telegraphy, as an institution, was
also enlarged upon, but without effect; the Taotai entirely admitting
its benefits to the public at large, but reverting to the necessity of
keeping faith in the matter of the particular agreement entered into by
the Tsung-li Yamun.
On the whole, Messrs. Seward and Medhurst were compelled to come to the
conclusion that the Taotai had no personal objection to the innovations
which have been ventured upon by the Great Northern Telegraph Company,
but that he had been driven by the public attention which had been
unfortunately drawn to the line to enter his protest against it. That to
this protest the Tautai is likely to adhere pertinaciously, and that it
can only be met by the consuls with an explanation, so prepared as to
free the Tautai from responsibility, while it carries conviction to the
superior authorities, to whom he is responsible.
With this impression the consuls for the United States, Denmark, and
Great Britain have drafted a dispatch, which they propose should be
addressed to the Tautai, in reply to his communication, and they
recommend it for the adoption of their colleagues.
- W. M. MEDHURST.
- F. B. JOHNSON.
- G. F. SEWARD.
[Inclosure 3 in No. 19.]
Mr. Seward to the
Taotai.
Shanghai, September 30,
1873.
Sir: I have had the honor, as senior consul, to
receive your communication, dated the 19th of August last, in which you
call attention to the fact that the Great Northern Telegraph Company
have recently established a station at Woosung, and have carried a wire
along the line of new road, between that place and Shanghai, and request
the consuls to require the immediate removal of both station and wire,
on the ground that the extension of the telegraph to Shanghai was
permitted on the express understanding that the end should not be landed
anywhere upon the shore.
I have placed this letter before the consuls, and have now to communicate
to you their response.
The company alluded to is Danish. Its lines connect with the Russian
telegraph, and in this way that government is interested.
As a consequence, the matter is one which more directly concerns the
Danish and Russian consuls; and if your protest is to be further urged,
it would with more propriety be addressed to them.
As, however, the general question of telegraphic communication intimately
concerns the entire commercial interests of the port, the consuls have
given the subject their most careful consideration, and, on their
behalf, I am to state the opinion that you are attaching great
importance to a very simple proceeding, which in no way injuriously
affects the public welfare, and to request your attention to the
following considerations:
The new road between the anchorage and Shanghai (which, after all, is
only 12 miles long) is the property of foreigners, who have acquired the
land in the usual manner, and subscribed funds for its construction,
their object being to secure quick communication between Shanghai and
the shipping at Woosung.
The manager of the telegraph company, finding that the cable which had
been laid along the river’s bed between Woosung and Shanghai was often
broken in consequence of fouling the anchors of the numerous vessels
which frequent the stream, applied to the road proprietors for
permission to take the wires along the road. Their consent was obtained,
and the new line formed. The posts are placed wholly on foreign-owned
lands, and, therefore, in no way interfere with the rights of the
Chinese government or of the people; and the convenience of the company
and of the business of the port has been materially benefited.
I am authorized to say further, that it is by no means foreigners alone
who have derived advantages from the lines of the Great Northern
Telegraph Company. Chinese merchants employ them very extensively, and
the supreme and provincial governments have had occasion to invoke their
valuable aid.
The consuls believe, indeed, that the telegraph is an appliance, the
utility of which cannot be overrated, and against which no argument?
worthy of consideration can be adduced; and they have no doubt that in
view of the whole case you will accept this explanation and refrain from
pressing the matter.
I have, &c.,
