No. 143.
Mr. Angell
to Mr. Evarts.
Legation of
the United States,
Peking, December 20,
1880—(Received February 18, 1881.)
No. 75.]
Sir: A reference to Mr. Seward’s dispatches Nos.
512, 590, and 692, not to speak of earlier dispatches on the same subject,
will show that for a long time the representatives of foreign powers have
been engaged in discussion with the Tsung-li Yamên upon the proper forms and
terms to be employed in official intercourse between the consuls and
provincial officers. The subject is one of exceptional importance in this
empire, where so much stress is laid upon ceremonial and etiquette.
Sir Thomas Wade, the British minister, was charged several months ago, by the
diplomatic body here, with conducting in their behalf negotiations in this
matter with the foreign office. Finally a result has been reached, which is
entirely satisfactory to the ministers, and one of which in the conferences
recently held I have expressed my approbation. Copies of a communication
from Prince Kung on the subject and his accompanying memorandum are
inclosed. The latter sets forth the agreement decided on with brevity and
clearness. You will observe that it determines the procedure upon three
points.
- First. A consular officer shall, without regard to any difference of
rank between him and a governor-general or governor of a province, be
received by the latter with the etiquette becoming for a host to
exercise towards a guest.
- Second. In official correspondence between consular officers and high
provincial authorities, in order to avoid the appearence of
subordination of the former, the following plan is to be adopted: In
ordinary matters, the consular officers will address the intendant who
will memorialize the viceroy or governor, and the latter will instruct
the intendant to reply to the consular officers. In important matters
the latter can exchange “official communications” with the high
authorities, employing the term which does not signify inferiority or
petition.
- Third. The provincial authorities will, in addressing the consul,” use
the respectful term equivalent to “the honorable consul,” and will
abstain from that use of the vermilion pencil which they resort to in
instructing their inferior officers.
In this country where pre-eminently forms are things, and where disagreements
between foreign representatives and the Chinees officials have often
seriously interfered with the transaction of important business,
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it is a matter of consequence to
have reached so satisfactory a termination of the prolonged discussion on
official intercourse.
I inclose a copy of my reply to Prince Kung’s communication, and also a copy
of my circular to our consuls, instructing them to comply with the terms of
the memorandum in conducting their official intercourse with the provincial
authorities.
I have, &c.,
[Inclosure 1 in No. 75.]
Prince Kung to Mr.
Angell.
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication in reply.
Upon the 21st of November, 1879 I had the honor to receive a dispatch
from your excellency,* in which it was remarked that their excellencies the
members of the diplomatic body had been engaged in conference upon all
international matters to which attention seemed to be demanded, whether
for the removal of what may be characterized as a grievence, or for the
introduction of changes that will modify what is in appearance either
unreasonable or inexpedient, and that they proposed to lay before me the
conclusions at which they had arrived, &c. Upon the 26th of the same
month a reply was sent by this office. Since then I have been in
repeated consultations with his excellency Sir Thomas Wade upon one of
the topics, and have deliberated upon a memorandum submitted, and upon
the 20th ultimo I addressed to him a note in the premises.
Upon the 24th ultimo, I received a reply from him stating that the
proposals in regard to the forms of intercourse between Chinese and
foreign officials had been submitted by him in person to his colleagues
and accepted by them, and requested me to communicate officially the
conclusions arrived at to the several members of the diplomatic body,
&c. Having sent instructions to the viceroys and governors of the
various provinces for their information and guidance, I have now the
honor to inclose a copy of the conclusions reached for your excellency’s
information.
Peking, December 10, 1880.
His Excellency James B. Angell, &c.,
&c., &c.
[Inclosure.]
Memorandum on official intercourse.
A minute was received upon this subject some time since to which this
Yamên has already replied in detail. But your excellency appears not to
have been satisfied, and in conversation has repeatedly urged me to
agree to a satisfactory conclusion of the matter. This Yamên, therefore,
again submits a series of propositions given hereafter upon the several
points at issue.
I. Your excellency maintains that, whether at a port or in the interior,
a consular officer having occasion to speak to a governor-general or
governor of a province on business, should be assured access to the high
authority, and that neither when admitted into his Yamên nor into his
presence should he be treated as the subordinate of the high authority,
no matter what the inferiority of his official rank, but according to
the etiquette between guest and host.
I beg to remark upon this, that in the provinces the high officials, from
the viceroys and governors down to the intendants, are constantly
meeting consular officers, and, although there may be differences of
rank, there are none who fail to receive such officers according to the
etiquette of guests.
Hereafter whenever business requires such meetings they certainly shall
meet consular officers and treat them in all respects according to the
etiquette observed between guest and host.
II. Your excellency holds that, whenever consular officers have occasion
to hold official correspondence with the high provincial authorities,
such correspondence should
[Page 221]
not
take the form of a memorial from the lower to the higher or of an
instruction from a higher to a lower, but that, without regard to actual
superiority or inferiority of relative rank, the characters
“to correspond officially” should be used, the idea being to avoid the
appearance of subordination.
Upon this article I remark that the treaties are not uniform upon this
point. It is stated in some of them that consuls and acting consuls are
of equal rank with intendants, and vice-consuls, acting vice-consuls,
and interpreters of equal rank with prefects, and that these officials
shall correspond upon a basis of equality, as befits their equality of
rank.
If, while the organization of this government offers no serious
objection, still it be inconvenient for viceroys and governors to
correspond with consular officers with the use of the characters “wen yi,” then certainly some feasible plan must
be sought out. I suggest the following: In ordinary matters of business
let consular officers, as heretofore, address the intendants, who will
in turn memorialize the viceroy or governor. That high officer will, as
heretofore, instruct the intendant in response, who will address the
proper consular officer. But in important official matters of business
the high provincial authorities and the consular officers, without
regard to differences of rank, can on both sides use the words
“an official communication.”
III. Your excellency suggests that whenever the provincial authorities,
in correspondence, speak to a consul, they should
prefix the character “Kuei” to his
title, and that when mentioning a consul they should use his surname and
title, as “Mr. Consul so and so.” Further, that the provincial
authorities should, in dispatches to consuls, cease to use the
vermillion pencil to bracket or point certain characters as they do use
it in instructing their subordinate officials.
These two suggestions contain nothing in any way inconsistent with the
dignity of this government and are assented to.
The foregoing is submitted to your excellency and the members of the
diplomatic body as a practicable solution of this question, having in
view the good relations between China and foreign powers.
[Inclosure 2 in 75.]
Mr. Angell to
Prince Kung.
To His Imperial Highness Prince Kung:
I have the honor to acknowledge the receipt of your imperial highness’s
communication of December 10 instant, and the accompanying memorandum on
official intercourse. I beg to express my appreciation of the just
spirit in which your highness has considered the subject of official
intercourse, which is not free from difficulties.
I desire to express my satisfaction with the forms of procedure which are
given in your memorandum to govern provincial officers and consular
officers in their official intercourse with each other.
I shall at once instruct the consuls of the United States to comply with
the terms of the memorandum.
I gladly embrace this opportunity to assure your imperial highness of my
distinguished consideration.
I am, &c.,
[Inclosure 3 in 75.]
Mr. Angell to
United States consuls in
China.
Peking, December 19,
1880.
Sir: I am happy to inform you that the
prolonged negotiations which have been going on so long between the
foreign ministers and the Tsung-li Yamên on the subject
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of official intercourse have at last
yielded an excellent result. A plan has been agreed upon, which it is
confidently believed will go far to remove the annoyances and
embarrassments to which consular officers have been subjected in the
transaction of business with the provincial authorities. I have
signified to Prince Kung my approbation of the plan. The substance of
its provisions is as follows:
- 1.
- Whenever consular officers have occasion to hold personal
interviews with a governor or a governor-general, they shall not
be treated as subordinates, but with the etiquette which a host
shows to guests.
- 2.
- If consular officers have occasion to correspond about
ordinary matters of business, they shall, as heretofore, address
the intendants, who will in turn memorialize the viceroy or
governor. That high officer will, as heretofore, instruct the
intendant in response, who will address the proper consular
officer. But in important official matters of business the high
provincial authorities and the consular officers, without regard
to differences of rank, can on both sides use the words “an
official communication.”
- 3.
- The provincial authorities shall in correspondence with a
consul prefix the character “kuei”
to his title, and shall cease to use the vermillion
pencil to bracket or point certain characters, as they do use it
in instructing subordinate officials. Prince Kung announces that
instructions in accordance with his agreement have been sent to
the viceroys and governors of the various provinces for their
information and guidance.
It is, therefore, my duty to instruct you to comply with the above
regulations in your official interviews and correspondence with the
provincial officers.
You have the right to expect that they too will comply with them. Any
failure on their part to carry out in good faith the arrangement now
entered into by the imperial government is a proper subject for you to
report promptly to this legation. I have, &c.,
