No. 169.
Mr. Seward to Mr. Evarts.

No. 692.]

Sir: Referring to my dispatches Nos. 512 and 590, regarding the forms of official intercourse between consular officers and the Chinese provincial authorities, I have now the honor to hand to you a minute from the Tsung-li Yamên in response to that submitted by the diplomatic body. The minute is not entirely satisfactory, and the subject will be considered soon by the several foreign representatives, with a view to determine what further steps shall be taken.

I have, &c.,

GEORGE F. SEWARD.
[Inclosure in No. 692.]

official intercourse—minute in response.

A minute has been received upon the intercourse between foreign consular officers and Chinese provincial officers, whether personal or by correspondence, submitting several points in which a modification of the present system is desirable, and asking that they receive attention, &c.

The subject was mentioned in a conference had with the foreign representatives upon the 20th of April, and hereinafter will be found the response of the foreign office upon the several points raised.

Point 1st.—A consular officer having occasion to speak to the governor-general or governor of a province on business, whether at a port or in the interior, should be assured access; and he should not be treated as the subordinate of the high authority, no matter what the inferiority of his official rank, but according to the etiquette established between host and guest.

Upon this proposition the Yamên remarks: “The treaties state that consuls and acting consuls rank with intendant of circuit; vice-consuls, acting vice-consuls, and interpreters rank with prefects. Since viceroys and governors, although not to be compared in their official rank with intendants and prefects, and notwithstanding the difference in rank, at the “present time do receive consular officers without other etiquette than than of host and guest, they will certainly continue to receive them whenever occasion arises.”

Point 2d.—Consular officers having occasion to correspond with the high provincial authorities upon official business, such correspondence should not take the form of a report from a deputy to his superior, nor of an instruction, from the higher officer to the lower. But, no matter what the difference of rank, the phrase “wen i” should be used, thus implying no assumption of authority of the one party over the other.

Upon this the Yamên remarks: “The treaties declare that consuls and acting consuls rank with intendants; vice-consuls, acting vice-consuls and interpreters with prefects. They shall have access to the official residences of these officers, and communicate with them, either personally or in writing, on a footing of equality. This refers to an actual equality of rank between the parties concerned. But if, regardless of inequalities in rank, the phrase ‘wen i’ were to be used, there would appear to be an inconsistency with the stipulations of the treaties.”

Point 3d.—In Chinese dispatches, when addressing a consular officer, the word “Kai” is not to be used, and it is suggested that whenever provincial authorities address a consular officer they should prefix the word “Kuei” to his title, and whenever speaking of a consular officer they should mention his name as “Mr. Consul so and so.”

Unon this the Yamên observes: “This point involves in no way the dignity of China, and instructions will be sent by the foreign office to the several provincial authorities to conform to these instructions.”

Point 4th.—Chinese provincial authorities, in their instructions to subordinate officials, have been in the habit of using a vermilion pencil to bracket or point out certain parts of the dispatch. This, looked at in the light of an instruction, in its employment in dispatches addressed to consular officers is not called for, and it is suggested that the practice be discontinued.

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“There is no difficulty in complying with this suggestion. But in all Chinese official communications, it is customary to use the vermilion pencil at the moment of affixing the seal, both to punctuate the document and to indicate any erasures or alterations in the text. For example, the six boards use it int heir correspondence with this Yamên and certainly there can be no assumption of authority in their communications to us.”

The foregoing remarks are made in careful view of all the circumstances, and in a spirit of fairness, and submitted for the consideration of their excellencies the foreign representatives.