No. 162.
Mr. Denby to Mr. Bayard.

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.,

Charles Denby.
[Inclosure in No. 539.—Circular.]

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.,

Charles Denby.