I have now the honor to inclose a translation of the Yamên’s answer to
that dispatch. The diplomatic body has not taken any action as yet on
this paper.
[Inclosure in No. 1770.]
The Tsung-li-Yamên to Mr. Denby.
Your Excellency: Upon the 5th of December
the prince and ministers had the honor to receive a communication
from the minister of the United States, acknowledging receipt of the
Yamên’s communication (of the 10th November last), setting forth a
dispatch from the governor-general of Hu-kuang to the Yamên and a
report from the taotai of Ching Chow, Ichang, and Shihnan to the
governor-general, to the effect that foreigners traveling in China
should be required, when
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applying for passports, either at Peking or in the provinces, to
report in person to the local officials en route their arrival as
well as their intended movements, wherein the minister of the United
States was requested to communicate with his colleagues, consider
the question presented, and try to adopt, as quickly as possible, a
feasible plan of action and inform the prince and ministers
thereof.
The minister of the United States stated that he had transmitted to
his colleagues the original and an English translation of the
Yamên’s communication; that two meetings had been held by the
foreign representatives to consider its contents; but, while they
appreciate the honorable and praiseworthy motives that produced the
paper, they find themselves unable to assent to the proposition that
all foreigners, when traveling in China under passport, should
report in person to the local officials, for to do so would be
impracticable, and for failure to comply with it the forfeiture of
protection is by no means admissible; that a more serious objection
and one which, to the minds of the foreign representatives is
insuperable is that the proposed rule would materially change the
purport of the treaties, and that it is not in the power of the
foreign representatives to add to or take from a treaty any material
point, and that the request can not therefore be complied with.
The prince and ministers would observe in reply that this question
does not in any way involve the alteration of treaty stipulations,
but it is one clearly provided for by treaty, which is to the effect
that foreigners are allowed to travel to all parts of the interior
under passports. “The passports, if demanded, must be produced for
examination in the localities passed through. If the passport be not
irregular the bearer will be allowed to proceed.”
The examination of passports, as provided by treaty, is the same as
reporting in person to the authorities. If foreigners will comply
with the treaties, and on their arrival at any place in the interior
will present their passports for examination, the local authorities
will be in a position to afford them timely protection, and trouble
may be avoided. Could such a course be regarded as
impracticable?
It would seem that the foreign representatives have misunderstood the
purpose and meaning of the Yamên. It is stated in the communication
of the minister of the United States that “it is questionable
whether the proposed rule would accomplish any good purpose,” also,
that “the presence of foreigners in any locality in the interior is
immediately known to all the population, the officials
included.”
The Yamên is of the opinion that this is not the case, as the
departments and districts of China embrace a large area of
territory, the small covering about one hundred or more li, and the
large over several hundred li in extent, and when foreigners are
traveling, no matter in what place, if they fail to present their
passports for examination, how can the local officials know of their
presence within their jurisdictions? And not knowing this, how can
they follow their movements, and in case of need render them
necessary protection?
Further, it will be found that the populace of the places through
which foreigners may pass consist of both good and bad, and if there
should be a dispute between them and the Chinese how could the local
authorities be in a position to take measures to guard against
trouble arising therefrom? In such an event, to blame the officers
of the departments and districts for failing to give full and
adequate protection would be inconsiderate and show a want of
feeling toward them.
The request of the governor-general of Hu-kuang, that foreign
travelers should be instructed to report to the local authorities
(on their
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arrival within
their jurisdictions), as well as report their intended movements, is
not against the meaning and purport of the provisions of the treaty,
which require that they should present their passports for
examination to the local authorities. Besides, the responsibility
would then rest on the officials of the departments and districts to
see that timely protection was accorded them in case of need. Should
trouble arise, they conld not then shuffle off their responsibility
and say we knew nothing about foreigners traveling within our
jurisdictions. This would be a cautious rule to adopt in the matter
of protecting foreign travelers and have for its aim the purpose of
making them exert themselves to prevent trouble. This plan should
not be regarded as having for its aim no good purpose, and further,
as being an alteration of treaty stipulations.
The prince and ministers again request the minister of the United
States to confer with his colleagues and consider, as soon as
practicable, some feasible plan of action and to instruct foreign
travelers to present their passports to the local officials for
examination, to the end that they may give them timely protection,
in accordance with treaty stipulations, which is a matter of
importance.
In sending this communication to the minister of the United States
they express the hope that action will be taken as requested.
