No. 162.
Mr. Denby
to Mr. Bayard.
[Extract.]
Legation of
the United States,
Peking, January 7, 1888.
(Received March 3.)
No. 539.]
Sir: I have the honor to state that I have sent to
each consul a copy of the inclosed circular.
I regret that I can not procure for the Department a copy of “Treaties
between the Empire of China and foreign powers, together with regulations
for the conduct of foreign trade,” etc., edited by William F. Mayers,
Chinese secretary to Her Britannic Majesty’s legation at Peking. This book
was published in 1877 by the North China Herald, Shanghai, and was for sale
in London by Trübner & Co., 57 and 59 Ludgate Hill. I am informed that
it is out of print in China.
I understand that the customs is preparing a book containing all the
treaties, which I will send to the Department as soon as it appears.
I have, etc.,
[Inclosure in No.
539.—Circular.]
Legation of the United States,
Peking, January 7,
1888.
To the Consuls:
Sir: The act of Congress approved February 23,
1887, entitled “An act to provide for the execution of Article II of the
treaty concluded between the United States of America and the Empire of
China on the 17th day of November, 1880” etc., will be enforced by the
consuls as far as it provides for the infliction of a personal
punishment or fine for violation of its provisions.
The jurisdiction of the consuls for that purpose is held to be
exclusive.
In respect to the confiscation of opium you will be governed by the eight
rules which have long governed confiscation proceedings in China, and
which make provision for the recognition of her acknowledged rights and
interests in the matter under the treaties. These rules provide for a
trial before the consul of the foreign power whose citizen is interested
and an officer of the customs, and for an appeal to the minister and the
foreign office.
For convenience I refer to page 527, Part I, Diplomatic Correspondence,
1868, and a book entitled “Treaties Between the Empire of China and
foreign powers,” edited by William F. Mayers, page 216.
These rules were agreed to and promulgated at Peking the 31st May,
1868.
I am, etc.,
