No. 111.
Mr. Seward
to Mr. Evarts.
Legation of
the United States,
Peking, July 29, 1879.
(Received September 29.)
No. 464.]
Sir: In my dispatch No. 451 I informed you that the
diplomatic body here had decided to take up certain general questions of
great public interest for discussion in September next.
As a preparatory step, I have thought best to request our consuls in China to
furnish me full information regarding the course heretofore followed by them
in civil cases arising between the Chinese and our people. I have also asked
them for their opinions as to whether the system of trial of such cases in
mixed courts, or in the court of the defendant, is preferable.
I have the honor to band to you, herewith, a copy of my circular requesting
the information indicated above.
I have, &c.,
[Inclosure 1 in No. 464.]
circular to the consuls of the united states in
china.
Will you be so good as to prepare careful answers to the following
questions, and to transmit them to me at your earliest convenience?
- A.
- —What is the practice at your consulate in civil cases arising
between Chinese and our people? Are such cases tried by the officer
of the defendant, or by the consul and a native officer sitting as a
mixed court?
- B.
- —If by the officer of the defendant, what native official sits for
the trial, in cases where a Chinese is the defendant?
- C.
- —Are the courts so held open for the personal appearance of the
plaintiff and of his witnesses?
- D.
- —Does the consul attend; and, if so, what position is given him as
to seat, &c., and what part does he take in the
proceedings?
- E.
- —If the consul attends, does he take an interpreter? If so, what
position is given to the interpreter?
- F.
- —Is a full and accurate record made of the pleadings, and of the
proceedings of the court?
- G.
- —If so, by whom is the record made; and if by the native assistant
of the foreign interpreter, what position is assigned to him?
- H.
- —Is the record made in English and Chinese? If so, how are such
records, or any which are made, certified to?
- I.
- —To what court do appeals from the decision of the native officer
lie?
- J.
- —If trials are in mixed courts, what native officer acts?
- K.
- —What positions are assigned to the consul and those with
him?
- L.
- —What records are made, and how are they made?
- M.
- —What law is taken as binding upon the court?
- N.
- —How are judgments enforced?
- O.
- —To what court do appeals lie?
- P.
- —Generally is it the practice of other consuls at your port to sit
in mixed courts, or is the system of trial in the court of the
defendant preferred?
- Q.
- Have you any opinion as to which is the preferable procedure? If
so, will you be so good as to state it as fully as possible?
Will you please add, also, any remarks on the general subject which may
appear appropriate to you?
It is particularly desired that your answers may be here by the middle of
September.
I am, &c.,
