No. 105.
Mr. Holcombe to Mr. Evarts.
Legation of
the United States,
Peking, December 12, 1878.
(Received February 6.)
No. 91.]
Sir: In my dispatch No. 76, of the 23d ultimo, I
reported to you the details of a complaint made to me by our consul at
Hankow, that the local authorities in Szchuen had refused to recognize
certain transit-passes taken out by Mr. M. A. Jenkins, whose goods were, in
consequence, detained in the interior of that province, I also forwarded a a
copy of a dispatch in the business which I had addressed to Prince Kung.
[Page 209]
Upon the 28th ultimo a response was received from the prince, a translation
of which I now have the honor to inclose. As indicated only the usual
routine reference of the subject to the provincial authorities of Szchuen,
which would involve further and indefinite delay, I addressed the foreign
office again, upon the 6th instant, objecting to this procedure as
unnecessary, inasmuch as the language used by the Chung King magistrate, in
his order warning Mr. Jenkins not to make use of the passes, not only failed
to indicate any irregularity in the action of the merchant, but, in itself,
condemned the course of the official as a manifest violation of treaty. I
objected to the farther delay made necessary by this reference as involving
my countryman in additional hardship and loss, and urged Prince Kung to
issue peremptory orders that the transit passes should be respected and the
produce passed to Hankow. I inclose a copy of this dispatch.
In order to leave no effort untried by which relief for Mr. Jenkins might be
obtained, I visited the foreign office upon the 10th instant and spoke
personally with the ministers in the case, reiterating the arguments and
renewing the request contained in my dispatch. The ministers promised to
instruct the magistrate peremptorily that, in case the transit passes, and
the produce covered by them were in order,, he should allow Mr. Jenkins to
take his goods to Hankow at once. And I am now in receipt of the inclosed
dispatch from Prince Kung, informing me that orders have been issued as
promised. I have thanked him for his prompt and satisfactory action.
Awaiting your approval of my course in this business,
I have &c.,
[Inclosure 1 in No. 91.]
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication in reply.
I have the honor to acknowledge the receipt of your dispatch of the 21st
instant, stating that you had received a communication from the United
States consul at Hankow, informing you that Mr. M. A. Jenkins, an
American merchant of that port, had taken out ten transit passes for the
purpose of bringing out native produce from the interior of Szchuen. The
Chung King magistrate refused to recognize these passes and warned Mr.
Jenkins that if he brought his goods to the tax station at Kweichow dues
would be levied upon them the same as though unprotected by transit
passes, &c.
You refer to an arrangement made in the early part of this year by which
transit passes for Szchuen produce may be taken out at Hankow, and the
dues paid there. You inclose a copy of the order issued by the
magistrate named and request me to issue such instructions as will
secure compliance with the arrangement mentioned above, &c.
I have requested the southern superintendent of trade, and the viceroys
of Szchuen and Hukwang to instruct the intendants concerned to examine
into and report upon, this business at once. Upon receipt of their
replies I shall again address you.
Chester Holcombe, Esq., &c., &c., &c.,
[Inclosure 2 in No. 91.]
Mr. Holcombe to
Prince Kung.
Sir: I have the honor to acknowledge the
receipt of your Imperial Highness’s dispatch of the 28th ultimo in
response to mine of 21st, which requested your attention to the refusal
of the Chinese authorities at Chung King, in Szcnuen, to recognize
certain transit passes taken out by M. A. Jenkins, an American merchant,
and beg leave to express my thanks for the promptness with which your
Imperial Highness ordered an inquiry into the business.
[Page 210]
I address you again upon it from no lack of appreciation of your desire
to protect the interests of my countrymen, and to secure obedience on
the part of your officials to the provisions of the treaties. This case,
however, is one of peculiar hardship and injustice, and I cannot refrain
from requesting your Imperial Highness’s attention again to certain
features of it, with the hope that you will be able to afford Mr.
Jenkins some more speedy relief than seems likely to come in the
ordinary course.
The transit passes in question were taken out by Mr. Jenkins upon the
27th of last July, and were sent at once to Szchuen, where the produce
covered by them was shortly afterward purchased and prepared for
shipment to Hankow. Upon the 4th of October Mr. Jenkins was warned not
to use the passes held by him, as they would not be recognized by the
tax officers at Kwei-Chow.
It thus appears that the merchandise covered by these passes has already
been detained in the interior of Szchuen some three or four months, to
the serious inconvenience and loss of its owner. If, now, it must
further be detained until the instruction recently issued by your
Imperial Highness can reach the capital of Szchuen, the viceroy can
issue his orders to the delinquent local authorities for a report; until
they see lit to make the report, and until these replies can reach your
Imperial Highness, receive consideration by you, and fresh instructions
go hence to Szchuen—if this delay must arise, then it is evident that
some six or Seven months more must elapse before the merchandise can be
released from detention, and further serious loss to the owner must
arise, if indeed, the produce is not entirely ruined.
I freely admit that this argument on behalf of the merchant would not
hold good were there reason to accuse him of any violation of the
treaties or trade regulations in connection with the export of his
merchandise; but the transit passes were taken out regularly, and
conformed in every respect to the requirements of treaty, and no charge
is made of any conduct on the part of the merchaut which would justify
the detention or seizure of the goods. This detention is based on the
simple assertion that because of the use of transit passes in Szchuen,
the local tax office at Kwei-Chow has suffered a loss of more than two
hundred thousand taels, and that if these passes are respected the
officials at Kwei-Chow can collect nothing from the owner of the produce
covered by them. The detention of Mr. Jenkins’s property by the official
named was therefore, by his own showing, an offensive violation of a
solemn treaty engagement, and of that good faith between our governments
which I am sure your Imperial Highness desires zealously to maintain,
and which should be faithfully respected by all classes of officials in
both countries.
As there appears, therefore, from the showing of the Chung King
magistrate himself, to have been absolutely no reason whatever for the
detention of Mr. Jenkins’s property, I venture to place this business
before your Imperial Highness again, and most earnestly to request, in
the interest of good feeling between the two governments, that you will
not subject my country man to further delay and loss, but will at once
instruct the local authorities concerned to respect the transit passes
held by him, and to allow the merchandise which they cover to be taken
to its destination.
I have, &c.,
[Inclosure No. 3 in No. 91.]
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication in reply.
Upon the 6th instant I had the honor to receive a dispatch from you in
the matter of the transit passes taken out by Mr. M. A. Jenkins, to
cover native produce brought from the interior of Szchuen, in which you
remarked that if the export of the produce must further be delayed until
the receipt by me of reports from the several parties to whom I had sent
instructions, a farther detention of six or seven months must arise
before the merchandise could be moved, and you requested me to issue
imperative orders to the local authorities concerned to respect the
transit passes, and to allow Mr. Jenkins to transport his merchandise to
Hankow at once, &c.
Upon the 10th instant you called at the foreign office and again
requested that orders be sent to the viceroy of Szchuen to give this
case immediate attention, &c.
Upon receipt of your earlier dispatch in this business, I instructed the
viceroy of Szchuen without delay to direct his subordinates to examine
into and effect a satisfactory disposition in the premises at once.
Being now in receipt of your later favor, as above recited, he viceroy of
Szchuen has bet again instructed by this office to see to it that the
local officers concerned make at once the usual examination of the
merchandise referred to, and if no irregularities are discovered to
allow it to proceed, and to report the fact to me directly, in order 1
hat I may inform you, and so the case be speedily disposed of.
Chkster Holcombe, Esq.,
&c., &c., &c.
Peking, December 12,
1878.
[Page 211]
[Inclosure 4, in No. 91.]
Mr. Holcombe to
Prince Kung.
I have the honor to acknowledge the receipt this moment of your Imperial
Highness’s dispatch of this date in matter of the transit passes for
Szchuen produce taken out by Mr. M. A. Jenkins, in which your Imperial
Highness informs me that you have instructed the viceroy of Szchuen to
see to it that the local officers concerned make at once the usual
examination of the merchandise, and if no irregularities are discovered,
to allow it to proceed, &c., &c.
I beg to present my most sincere thanks to your Imperial Highness for
this very prompt and satisfactory action.
I have, &c.,
