No. 57.
Mr. Seward
to Mr. Fish.
United
States Legation,
Peking, October 3, 1876.
(Received Nov. 29.)
No. 134.]
Sir: I have the honor to transmit to you herewith a
copy of the agreement entered into at Chefoo on the 13th September between
the plenipotentiaries of Great Britain and China.
This document has been communicated to the several legations by the foreign
office. They have also sent to us letters communicating the memorial and
edict in regard to the Yunnan matter, called for by the agreement, and
asking us to consider the various questions raised in the agreement, and to
report our views.
I shall not attempt to offer in this dispatch any comments upon the
agreement, excepting to remark that it will, in some directions,
considerably improve the condition of foreigners in China. Its one
unfortunate feature is the proposed settlement of the likin question.
Since the receipt of the letters of the foreign office in regard to
outstanding issues, I have considered with my colleagues, the ministers of
Russia, Germany, France, and Spain, the answer which we ought to make. I
pointed out to the English minister while at Chefoo the questions which
might be raised in this connection. What I said to him was briefly reported
in my dispatch to you of the 5th September, in the following words:
He should be careful in stating the terms of such reference, for the
reason that these issues may be called up by any of the ministers,
and it may be more agreeable to them to choose for themselves the
moment for the discussion, and because his reference would
necessarily be more or less tainted by the fact that it grew out of
a grievance with which other powers have no special concern.
After much debate, during a great part of which I feared that my colleagues
would state their objections to the reference in such manner as to block
discussion of the issues involved, we agreed upon the form of a letter,
which I inclose herewith. This states, in effect, that it will be more
agreeable for us to determine with the foreign office what questions need
discussion, and, having settled this part of the matter, to proceed with
efforts to arrive at conclusions in regard to them. In one matter, that of
the abuses in the taxation of foreign goods, we thought it necessary to say
that existing treaty stipulations must be regarded, until they have been
changed in due course of negotiation.
The British minister takes our action in good part, and I hope that we may
soon enter upon the important work before us. Our discussions will bring
under review all the issues raised by him, and some others. I shall be able
to report to you from time to time the disposition of my colleagues, and our
success with the foreign office.
The form of Sir Thomas Wade’s agreement is such that our discussion, if
conducted on his basis, would have had no unpleasant connection,
necessarily, with the Yunnan matter. The situation in this respect is made
better, however, by the answer which we have returned to the foreign office,
as now, whatever may be done will be in the line of open negotiation, and
without pressure or the appearance of it.
I am happily in possession of your instructions in regard to several of the
questions in issue, and may hope for further instructions soon, particularly
in answer to my dispatch on the German treaty revision. I shall then be able
to enter intelligently upon our discussions.
I ought to make here my acknowledgments to the British minister [Page 74] for the deference with which he has
treated the suggestions which I have from time to time made to him. Since my
return to Peking he has informed me that he threw his agreement into its
present form, separating the Yunnan case from the commercial and other
issues, partly to meet my statement of the difficulty which I should find in
approaching these issues if connected with the Yunnan matter. The pledges
which he received last year from the foreign office, to which he refers in
the agreement, enabled him to do this.. He has also told me that what I said
to him at Chefoo, as to the desirability of procuring the unconditional
settlement of such matters as he could properly close, arrested his
attention, and that to this is largely due the fact that he closed for the
opening of ports instead of leaving them “in the air,” pending the
discussion of general issues. The judicial matter is also one which I
especially urged upon his attention, and with his disposition of which I am
especially pleased.
In regard to the mint and post-offices, he states that he was not aware that
the government was so far committed to them as my information shows. If he
had known the situation in this respect he would have drawn into his
agreement a suitable declaration in regard to them. I cannot but regret
this, but, evidently, having received my information from Mr. Hart and
otherwise from the Chinese side, I was not at liberty to disclose the facts
to him pending the adjustment. I shall bring these matters up in the
discussion which I hope will now soon ensue.
I have the honor to be, &c.,
[Inclosure.]
Agreement negotiated between Sir Thomas Wade, K. C.
B., Her Britannic Majesty’s envoy extraordinary and minister
plenipotentiary at the court of China, and Li, minister
plenipotentiary of His Majesty the Emperor of China, senior grand
secretary, governor-general of the province of Chihli, of the first
class of the third order of nobility.
The negotiation between the ministers above mentioned has its origin in a
dispatch received by Sir Thomas Wade, in the spring of the present year,
from the Earl of Derby, principal secretary of state for foreign
affairs, date 1st January, 1876. This contained instructions regarding
the disposal of three questions. First, a satisfactory settlement of the
Yunnan affair; secondly, a faithful fulfillment of engagements of last
year respecting intercourse between the high officers of the two
governments; thirdly, the adoption of a uniform system in satisfaction
of the understanding arrived at in the month September, 1875, (8th moon
of the 1st year of the reign of Kwangsü,) on the subjects of
rectification of conditions of trade. It is to this dispatch that Sir
Thomas Wade has referred himself in discussions on these questions with
the Tsungli Yamêu, further reference to which is here omitted as
superfluous The conditions now agreed to between Sir Thomas Wade and the
Grand Secretary Li are as follows:
section i.—settlement of the yunnan
case.
1. A memorial is to be presented to the throne, whether by the Tsungli
Yamên or by the Grand Secretary Li, is immaterial in the sense of the
memorandum prepared by Sir Thomas Wade. Before presentation, the Chinese
text of the memorial is to be shown to Sir Thomas Wade.
2. The memorial having been presented to the throne, and the imperial
decree in reply received, the Tsungli Yamên will communicate copies of
the memorials and imperial decree to Sir Thomas Wade, together with the
copy of a letter from the Tsungli Yamên to the provincial governments,
instructing them to issue a proclamation that shall embody at length the
above memorial and decree. Sir Thomas Wade will then reply to the effect
that, for two years to come, officers will be sent by the British
minister to different places in the provinces to see that the
proclamation is posted. On application from the British minister, or the
consul of any port instructed by him to make application, the high
officers of the provinces will depute competent officers to accompany
those so sent to the places which they go to observe.
[Page 75]
3. In order to the forming of such regulations as will he needed for the
conduct of the frontier trade between Burmah and Yunnan, the memorial
submitting the proposed settlement of the Yunnan affair will contain a
request that an imperial decree be issued, directing the
governor-general and governor whenever the British Government shall send
officers to Yunnan, to select a competent officer of rank to confer with
them and to conclude a satisfactory arrangement.
The British Government will be free for five years from the 1st of
January next (being the 17th day of the 11th moon of the second year of
the reign of Kwangsü) to station officers at Tali-foo, or at some other
suitable places in Yunnan, to observe the conditions of trade, to the
end that they may have information upon which to base the regulations of
trade when these have to be discussed. For the consideration and
adjustment of any matter affecting British officers or subjects, these
officers will be free to address themselves to the authorities of the
province. The opening of the trade may be proposed by the British
Government, as it may find best, at any time within the term of five
years, or upon the expiry of the” term of five years. Passports having
been obtained last year for a mission from India into Yunnan, it is open
to the Viceroy of India to send such a mission at any time he may see
fit.
The amount of indemnity to be paid on account of the families of the
officers and others killed in Yunnan, on account of the expenses which
the Yunnan case has occasioned, and on account of claims of British
merchants, arising out of the action of officers of the Chinese
Government up to the commencement of the present year, Sir Thomas Wade
takes upon himself to fix at two hundred thousand taels, payable on
demand.
6. When the case is closed an Imperial letter will be written, expressing
regret for what has occurred in Yunnan. The mission bearing the imperial
letter will proceed to England immediately. Sir Thomas Wade is to be
informed of the constitution of this mission for the information of his
government. The text of the imperial letter is also to be communicated
to Sir Thomas Wade by the Tsungli Yamên.
sec. 2.—official intercourse.
Under this heading are included the conditions of intercourse between
high officers, in the capital and the provinces, and between consular
officers and Chinese officials at the ports; also the conduct of
judicial proceedings in mixed cases.
1. In the Tsungli Yamên memorial of the 28th of September, 1875, Prince
Kung and the ministers stated that their object in presenting it had not
been simply the transaction of business in which Chinese and foreigners
might be concerned. Missions abroad and the question of diplomatic
intercourse lay equally within their prayer.
For the prevention of further misunderstanding upon the subject of
intercourse and correspondence, the present conditions of both having
caused complaint in the capital and in the provinces, it is agreed that
the Tsungli Yamên shall address a circular to the legations, inviting
foreign representatives to consider with them a code of etiquette, to
the end that foreign officials in China, whether at the ports or
elsewhere,, may be treated with the same regard as is shown to them when
serving abroad in other countries, and as would be shown to Chinese
agents so serving abroad. The fact that China is about to establish
missions and consulates abroad renders an understanding on these points
essential.
2. The British treaty of 1858, article xvi, lays down “that Chinese
subjects who may be guilty of any criminal acts toward British subjects
shall be arrested and punished by Chinese authorities according to the
laws of China. British subjects who-may commit any crime in China, shall
be tried and punished by the consul, or any other public functionary
authorized thereto, according to the laws of Great Britain. Justice
shall be equitably and impartially administered on both sides.”
The words functionary authorized thereto are
translated in the Chinese text, British
Government.
In order to the fulfillment of its treaty obligations, the British
Government has established a supreme court with a special code of rules,
which it is now about to revise. The Chinese Government has established
at Shanghai a mixed court, but the officer presiding over it, either
from lack of power or dread of unpopularity, constantly fails to enforce
his judgments. It is now understood that the Tsungli Yamên will write a.
circular to the legations inviting foreign representatives at once to
consider with the Tsungli Yamên the measures needed for the more
effective administration of justice at the ports open to trade.
3. It is agreed that wherever a crime is committed affecting the person
or property of a British subject, whether in the interior or at open
ports, the British minister shall be free to send officers to the spot,
to be present at the investigation. For the prevention of
misunderstanding on this point, Sir Thomas Wade will write a note to the
above effect, to which the Tsungli Yamên will reply, affirming that this
is the course of proceedings to be adhered to for the time to come.
It is further understood that so long as the laws of the two countries
differ from [Page 76] each other, there
can he but one principle to guide judicial proceedings in mixed cases in
China, namely, that the case is tried by the official of the defendant’s
nationality, the official of the plaintiff’s nationality merely
attending to watch the proceedings in the interest of justice. If the
officers attending be dissatisfied with the proceedings, it will be in
his power to protest against them in detail. The law administered will
be the law of the nationality of the officer trying the case. This is
the meaning of the words hwui t’ung, indicating
combined action in judicial proceedings, in article xvi of the treaty of
Tien-tsin, and this is the course to be respectively followed by the
officers of the two nationalities.
sec. 3.— trade.
With reference to the area within which, according to the treaties in
force, likin ought not to be collected on foreign
goods at the open ports. Sir Thomas Wade agrees to move his government
to allow the ground rented by foreigners (the so-called concessions) at
the different ports to be regarded as the area of exemption from likin; and the Government of China will thereupon
allow Ichang, in the province of Hupeh, Wuhu in Nganhwui, Wênchow in
Cheh-Kiang, and Peihai (Pakhoi) in Kwaugtung, to be added to the number
of ports open to trade and to become consular stations. The British
Government will further be free to send officers to reside at Chungking
to watch the conditions of British trade in Szechuen. British merchants
will not be allowed to reside at Chungking or to open establishments or
warehouses there so long as no steamers have access to the port. When
steamers have succeeded in ascending the river so far, further
arrangements can be taken into consideration.
It is further proposed as a measure of compromise that at certain points
on the shore of the great river, namely, Tatung and An-ching [Ngan-King]
in the province of Nganhwui, Hukow in the province of Kiaugsi, Wu-Ksueh,
Lu-chi-kon and Sha-shi in Huk-wang, these being all places of trade in
the interior, at which, as they are not open ports, foreign merchants
are not legally authorized to land or ship goods,’ steamers shall be
allowed to touch for the purpose of landing or shipping passengers or
goods, but in all instances by means of native boats only, and subject
to the regulations in force affecting native trade.
Produce accompanied by a half-duty certificate may be shipped at such
points, by the steamers, but may not be landed by them for sale. And at
all such points, except in the case of imports accompanied by a
transit-duty certificate, or exports similarly certificated, which will
be severally passed free of likin on exhibition
of such certificates, likin will be duly
collected on all goods whatever by the native authorities. Foreign
merchants will not be authorized to reside or open houses of business or
warehouses at the places enumerated as ports of call.
2. At all ports open to trade, whether by earlier or later agreement, at
which no settlement area has been previously defined, it will be the
duty of the British consul, acting in concert with his colleagues, the
consuls of other powers, to come to an understanding with the local
authorities regarding the definition of the foreign settlement area.
3. On opium, Sir Thomas Wade will move his government to sanction an
arrangement different from that affecting other imports. British
merchants, when opium is brought into port, will be obliged to have it
taken cognizance of by the customs and deposited in bond, either in a
warehouse or in a receiving-hulk, until such time as there is a sale for
it. The importer will then pay the tariff duty upon it, and the
purchasers the likin, in order to the prevention
of evasion of duty. The amount of likin to be
collected will be decided by the different provincial governments
according to the circumstances of each.
4. The Chinese Government agrees that transit-duty certificates shall be
framed under one rule at all the ports, no difference being made in the
conditions set forth therein; and so far as imports are concerned, the
nationality of the person possessing and carrying these is immaterial.
Native produce from an inland center to a port of shipment, if bonâ fide intended for shipment to a foreign
port, may be by treaty certificated by the British subjects interested,
and exempted by payment of the half-duty from all charges demanded upon
it en route. If produce be not the property of a
British subject, or is being carried to a port not for exportation, it
is not entitled to the exemption that would be secured by the exhibition
of a transit-duty certificate.
The British minister is prepared to agree with the Tsungli Yamên upon
rules that will secure the Chinese Government against abuse of the
privileges affecting produce.
The words nei-ti (inland) in the clause of article
vii of the rules appended to the tariff regarding carriage of imports
inland, and of native produce purchased inland, apply as much to places
on the sea-coasts and river-shores as to places in the interior not open
to foreign trade; the Chinese Government having the right to make
arrangements for the prevention of abuses thereat.
5. Article xiv of the treaty of Tientsin prescribes no limit to the term
within which [Page 77] a drawback may be
claimed upon duty-paid imports. The British minister agrees to a term of
three years, after expiry of which no drawback shall be claimed.
6. The foregoing stipulation that certain ports are to be opened to
foreign trade, and that landing and shipping of goods at six places on
the great river is to be sanctioned, shall be given effect to within six
months after the receipt of the imperial decree approving the memorial
of the grand secretary Li.
The date for giving effect to the stipulations affecting exemptions of
imports from likin taxation within the foreign
settlements and the collection of likin upon
opium by the customs inspectorate at the same time as the tariff duty
upon it, will be fixed as soon as the British Government has arrived at
an understanding on the subject with the foreign governments.
7. The Government of Hongkong having long complained of the interference
of the Canton customs revenue cruisers with the junk-trade of that
colony, the Chinese Government agrees to the appointment of a commission
to consist of a British consul, an officer of the Hongkong Government,
and a Chinese official of equal rank, in order to the establishment of
some system that shall enable the Chinese Government to protect its
revenue without prejudice to the interests of the colony.
separate articles.
Her Majesty’s Government having it in contemplation to send a mission of
exploration next year by the way of Peking through Kansuh and Koko-nor,
or by way of Szechuen to Tibet and thence to India, the Tsungli Yamên,
having due regard to the circumstances, will, when the time arrives,
issue the necessary passports and will address letters to the high
provincial authorities, and to the resident in Tibet. If the mission
should not be sent by these routes, but should be proceeding across the
Indian frontier to Tibet, the Tsungli Yamên, on receipt of a
communication to the above effect from the British minister, will write
to the Chinese resident in Tibet; and the resident, with due regard to
the circumstances, will send officers to take due care of the mission,
and passports for the mission will be issued by the Tsungli Yamên, that
its passage be not obstructed.
Done at Chefoo in
the province of Shantung, the thirteenth day of September, in the year
of our Lord one thousand eight hundred and
seventy-six.
[Inclosure 2 in No. 134.]
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication.
Upon the 17th instant the privy council transmitted an imperial decree in
response to a memorial from Li Hung Chang who, in obedience to the
imperial commands, had proceeded to Chefoo and adjusted the Yunnan
business with the British minister.
The English interpreter, Margary, upon the frontiers of China, in Yunnan,
has lost his life. The several local officials, civil and military,
failed to afford protection, and, being thus remiss in duty, merit
punishment in proportion to the gravity of their fault.
Since, however, Li Hung Chang memorializes that the British minister, Sir
Thomas Wade, is of opinion that to afford sufficient protection in the
future is better than to punish for the past derelictions, and hence
requests that the various criminal parties in the case be pardoned, it
is decreed accordingly to his request. With the exception of Chiang
Tsung Han, the general in command at Ting Yueh-chen and Wu-Chi-Liang,
the subprefect at Seng Yueh, who have already been deprived of office,
and need not be further punished; Lieutenant-Colonel Li Chen Kuo, and
the criminals, Ertungwafutu and others, eleven in number, may all
receive pardon.
Margary was a British official deputed under passport to proceed through
Yunnan into Burmah, and both in going and returning should have received
full protection. But, on the contrary, he was suddenly murdered, and the
members of his party were beaten, plundered, and driven back, a
proceeding well calculated to destroy amicable relations of the
empire.
Hereafter the viceroys and governors of the several provinces must with
great care give heed to the edict issued upon the 9th October last, and
promulgate the most stringent orders to their subordinate officials that
whoever meets a foreigner bearing a passport going into the interior
must treat him in strict accordance to treaty, and afford satisfactory
protection. If there arise cases of ill-treatment or violence, the
provincial authorities of high and low grade will be called to account,
and the foreign office is directed to prepare a suitable form of
proclamation and forward it to the several provinces, that the officials
may act in accordance to its terms and instruct all authorities to
conform to treaty stipulations in order to preserve international
peace.
In case foreign officials or subjects are killed, the real criminals must
be sought out [Page 78] and punished at
once, and no delays he allowed to aggravate the offense. The Margary
case is now settled.
In the matter of trade upon the Yunnan frontier, it is ordered that
whenever the British Government shall appoint officials, the viceroy and
governor of Yunnan shall appoint proper deputies to proceed to the
frontier and examine into the circumstances and report suitable
regulations. Respect this.
The privy council has also transmitted the imperial decree approving and
ordering carried into effect the convention submitted by Li Hung Chang.
A copy of this convention will be forwarded to your excellency at a
future day. In the mean time, I beg to inform you of the edicts of His
Majesty, as mentioned above.
To George F. Seward, Esq., &c.
[Inclosure 3 in No. 134.]
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication.
Upon the 17th instant this office received a memorial of Li, viceroy,
member of the grand council and special envoy, reporting the settlement
of the Yunnan case, and a convention agreed upon with Sir Thomas Wade,
the British minister, together with the imperial approval, as follows:
Let this be carried into effect as planned. Respect this.”
This office has already transcribed the imperial edict and forwarded it
for your excellency’s information, as also a copy of the several
articles of the convention.
It will be noticed that the convention contains the following
language:
“The sixteenth article of the treaty made with England in the eighth year
of Hsien Fung states that * * * ‘British subjects who may commit any
crime in China shall be tried and punished by the consul or other public
functionary authorized thereto according to the laws of Great Britain;
Justice shall be equitably and impartially administered on both
sides.’
“It appears that the English text of the original treaty states that
English subjects guilty of offenses shall be dealt with by English
consuls or such other officials as may be appointed, &c., while in
the Chinese text the whole is covered by the two words ‘English
Government.’ Heretofore the British Government has drawn up a careful
course of procedure, appointed judicial officers, and established a
supreme court at Shanghai, in order to carry into effect this article of
the treaty.
“The British Government has at the present moment revised and perfected
the judicial code, heretofore established, and set up a mixed court at
Shanghai for the trial of cases in which Chinese and foreigners are
conjointly involved. But the officials deputed, (Chinese,) whether
because of inadequate authority or through fear of the enmity of their
own people, continually fail to do justice, &c.”
The foregoing language being in explanation of the sixteenth article of
the British treaty, which relates to trial of mixed cases. This office
has already addressed the British minister upon this subject.
This article also declares that it is agreed that the various ministers
resident at Peking shall be addressed by the foreign office with a
request that they will meet in conference with the foreign office in
order to fix upon a code of procedure for international cases arising at
the ports in order to the furtherance of justice and equity, &c.
The idea is that, if possible, a single course of procedure shall be
determined on for all international cases.
Your excellency is therefore requested to consult with the several
ministers resident in the capital and agree with them upon an acceptable
system, and thereafter to address this office and submit the result of
your deliberations for its acceptance.
Peking, September 26,
1876.
To George F. Seward, Esq., &c.
[Inclosure 4 in No.
134.—Translation.]
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication.
Upon the 17th instant this office received the memorial of Li, viceroy,
member of the grand council and special envoy, reporting the settlement
of the Yunnan case and the convention agreed upon with Sir Thomas Wade,
the British minister, together with the imperial approval, as follows:
Let it be carried into effect as planned. Respect this.”
This office has already transcribed the imperial edict and forwarded it
for your excellency’s information, as also a copy of the several
articles of the convention. The convention states that upon the 9th
October last the foreign office memorialized [Page 79] the throne as follows: * * * Their various
memorials recommending the providing of persons skilled in foreign
affairs was not merely in order to the management of international
matters, but the entire subject of reciprocal diplomatic intercourse was
also included,” &c.
To the prevention of further misunderstanding upon the subject of
intercourse and correspondence, the present condition of both having
caused complaint in the capital and in the provinces, it is agreed that
the Tsungli Yamun shall address a circular to the legations inviting
foreign representatives to consider with them a code of etiquette, to
the end that foreign officials in China, whether at the ports or
elsewhere, may be treated with the same regard as is shown to them when
serving abroad in the other countries, and as would be shown to Chinese
agents so serving abroad.
The fact that China is about to establish missions and consulates abroad
renders an understanding on these points essential.
This article in its import evidences clearly the sincere desire of this
government for amicable relations. It is certainly desirable that the
various bearings of the question should be fully considered and a code
of etiquette agreed upon, with the hope that international relations may
become more friendly.
It therefore becomes my duty to transcribe the article in question, and
address your excellency and the other ministers, that you may confer
together at your convenience, and that, when you shall have arrived at
an agreement, you will be so kind as to address this office, in order
that a joint consideration and mutual agreement may be arrived at.
Peking, September 26,
1876.
To George F. Seward, Esq., &c.
[Inclosure 5 in No. 134.]
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication.
Upon the 17th instant this office received the memorial of Li, viceroy,
member of the grand council and special envoy, reporting the settlement
of the Yunnan case, and convention agreed upon with Sir Thomas Wade, the
British minister, together with the imperial approval, as follows: “Let
it be carried into effect as planned. Respect this.”
This office has already transcribed the imperial edict and forwarded it
for your excellency’s information, as also a copy of the several
articles of the convention. The convention contains the following
language:
“With reference to the area within which, according to the treaties in
force, likin ought not to be collected on foreign
goods at the open ports, Sir Thomas Wade agrees to move his government
to allow the ground rented by foreigners (the so-called concessions) at
the different ports to be regarded as the area of the exemption from likin,” &c.
It is further stated that—
“On opium Sir Thomas Wade will move his government to sanction an
arrangement different from that affecting other imports. British
merchants, when opium is brought into a port, will be obliged to have it
taken cognizance of by the customs, and deposited in bond, either in a
warehouse or a receiving-hulk, until such time as there is a sale for
it. The importer will then pay the tariff duty upon it, and the
purchasers the likin, in order to the prevention
of evasion of duty. The amount of likin to be
collected will be decided by the different provincial governments
according to the circumstances of each.”
The Government of China heretofore, because of military necessities, has
levied a likin tax, both in the interior and at
the treaty ports, levying this likin upon country
products as well as upon foreign goods which had not paid the half-duty
extra. But foreign merchants have asserted that foreign merchandise,
having paid regular duty, is not subject to the likin prior to its having been entered for transit-duty. This
divergence of opinion has been the subject of repeated discussion. A
convention having been agreed to, Sir Thomas Wade has consented to
request his government to address the various powers with a view to
securing their assent to the establishment of port limits, within which
foreign merchandise shall be free from likin,
with the desire to avoid future differences of opinion.
In regard to opium, it is agreed to establish a special procedure by
which both the regular tax and the likin shall be
collected in new Yamêns. (?) Further, the amount of regular tax and likin to be collected is to be made a matter for
consideration by the several provincial authorities as a matter of grave
importance. (Prior to the establishment of this new rule the old
procedure will continue in force.) But the establishment of the port
limits for the protection of foreign merchandise from the likin, and the special procedure for the levy of
regular duty and likin upon opium, these two
articles it is distinctly agreed shall await the correspondence between
Great Britain and other powers, when a day shall be fixed for their
taking effect.
[Page 80]
It becomes our duty to address your excellency in regard to these two
articles, with the request that you shall consult with the several
ministers, and will further address your government, requesting its
opinion and decision. When the several powers shall have come to a
satisfactory decision, your excellency will please address this office,
that conference and agreement may be had.
Peking, September 28,
1876.
To George F. Seward, Esq., &c.
[Inclosure 6 in No. 134.]
Mr. Seward to the
Foreign Office.
The undersigned has the honor to acknowledge receipt of your imperial
highness and your excellencies’ dispatches of the 26th and 28th
September, in which, referring to several clauses of the agreement
signed at Chefoo by the plenipotentiaries of China and Great Britain,
you wrote me, as well as my colleagues, the representatives of the
foreign powers, to consider conjointly the questions referred to, and to
inform you of the results of our deliberations.
While thanking your imperial highness and your excellencies for the above
communications, I beg leave to inform you that it is in my opinion
advisable, as it would be also conformable with the established custom
of diplomatic intercourse, that we should, first of all, consider and
decide what questions require a settlement and are to be brought under
discussion.
I have consulted with my colleagues on this point, and, as a complete
understanding exists between us regarding this way of procedure, I beg
leave to inform your imperial highness and your excellencies that I
shall be ready, whenever you may find it convenient, to confer with you
in view of the object above stated, and, having once determined the
points to be discussed, to come with you to an understanding on the
various questions that may become the subject of our deliberations.
In regard, however, to likin taxes and proposed
reference to the several governments, I must at once remark that
negotiations should be pursued in the usual manner, and that, pending
the result, I cannot consent to the abridgment of existing treaty
stipulations.
I take this occasion to renew to your imperial highness and your
excellencies the expression of my consideration.
Legation of the United States,
Peking, October 2, 1876.
GEORGE F. SEWARD,
Minister Plenipotentiary
of the United States.
[Inclosure 7 in. 134.]
Peking, September 30,
1876.
Monsieur le Ministre et cher
Collègue:
I found on my return to Peking last week that the Chinese text of the
agreement between the grand secretary, Li Hung Chang, and myself, signed
at Chefoo, on the 13th instant, had already been communicated to the
representatives of the treaty powers, and that copies had been also
forwarded to the provincial governments. As I had the honor to state to
such of my colleagues as are within reach, the English text is being
printed at Shanghai, and as soon as I receive it in this form it is my
purpose similarly to communicate copies to all.
Before signing the agreement, I declared my readiness, if, on my arrival
here, the memorials and decrees referred to in the agreement should be
immediately published and the circulars for the expedition of which the
agreement further stipulated were immediately written, to telegraph to
my government that I had taken upon me to close the Yunnan case. The
engagements above referred to having been so far satisfied, I beg to
acquaint you, M. le Ministre, that I have this day informed Prince Kung
that I have sent the promised message to my government.
I avail myself of this opportunity, &c., &c.
