Mr. Denby to Mr.
Sherman.
Legation of the United States,
Pekin, July 12, 1897.
(Received Aug. 16.)
No. 2775.]
Sir: I have the honor to inclose a translation
of a communication from the Tsung-li Yamên relating to the exhibition of
passports by travelers in China and matters connected therewith, also a
copy of my answer thereto.
[Page 103]
The questions discussed come up periodically after every fresh outrage in
the interior. The provocation in this case was probably the recent
killing of a French-priest in the south.
It will be seen that I do not concede that Americans should hunt up the
local authorities in every town they pass through in order to exhibit
their passports. They are required by the British treaty of 1858, which
we have adopted as the rule on this subject, to exhibit them only when
their exhibition is demanded.
The demand of the Yamên that passports should be countersigned by the
local authorities applies to passports issued by consuls. As our consuls
do not issue passports there can be no application to us in the
statement made as to this matter.
It is reasonable, I think, to warn Americans not to travel in remote
localities infested by banditti.
I have, etc.,
[Inclosure 1 in No.
2775.]
The Tsung-li Yamên to
Mr. Denby.
Your Excellency: The princes and ministers
have the honor to inform the minister of the United States that on
the 8th of June last they received a communication from the governor
of Kwangsi stating that under the provisions of treaty when
foreigners travel in the interior of China they should have
passports issued either by their ministers or consuls, the passports
seating where they propose to travel and to be countersigned by the
local authorities.
The passports, if demanded by the local authorities, must be produced
for examination in the localities passed through.
Missionaries traveling in the provinces for the purpose of preaching
should conform to the rule laid down.
Recently cases have transpired of foreigners visiting Kwangsi who
have failed to exhibit their passports to the local authorities for
examination, and hence no trace of their movements could be
ascertained and due protection afforded them. This is in violation
of treaty, which requires that due protection be accorded them.
The Government requests that the foreign representatives at Pekin be
asked to instruct their consuls in the matter and that the viceroys
and governors of the various provinces should communicate with the
foreign consuls, asking them to instruct their missionaries to
present their passports for examination in the localities through
which they pass, to the end that due protection may be accorded them
as provided by treaty.
By the French treaty Frenchmen may reside permanently or move about
at their pleasure at the treaty ports or in places adjacent thereto
without passports, the same as natives residing in the interior.
Although the interior of Kwangsi can not be regarded in the same
light as a treaty port, still French missionaries have established
chapels and mission stations there, and some have permanently
resided there, while others have traveled at their pleasure, the
same as natives, in the interior.
It can not be said for certain when bad characters in the interior
and wandering banditti may appear, and when missionaries travel from
one place to another, and they do not inform the local authorities
[Page 104] of their whereabouts,
so that men may be deputed to protect, perhaps they might suddenly
find themselves confronted with banditti, and the officials in that
case would be put off their guard.
The governor requests that in accordance with the provisions of the
French treaty French officials will not deliver passports to their
nationals when they are applied for, except for places not infested
by banditti. He asks that in future all foreign missionaries be
instructed when traveling in the interior to avoid visiting places
inhabited by banditti, and also the impoverished and remote places
on the frontier.
In their travels they should also be instructed to present their
passports to the local authorities for examination, so that men may
be deputed to protect them and proper care be taken to avoid any
mishap to them.
The Yamên would observe that the representations made by the governor
of Kwangsi are based upon the treaties and for due protection to the
missionaries and foreign travelers.
Communications have been sent to the various viceroys and governors
on the subject, and as in duty bound, the princes and ministers send
this communication to the minister of the United States for his
action in the premises.
[Inclosure 2 in No.
2775.]
Mr. Denby to
the Tsung-li Yamên.
Your Highnesses and Your Excellencies: I
have the honor to acknowledge the receipt of your communication of
the 2d instant, relating to the exhibition of passports by travelers
in China and matters connected therewith.
This matter was elaborately discussed about three years ago. I
concede that Americans traveling in the interior should have
passports. I think they always have. I concede also that “these
passports if demanded must be produced for examination in the
localities passed through.”
This is the language of Article IX of the British treaty of 1858. I
do not concede that the traveler must exhibit his passport unless it
is demanded.
The passports should state the names of the provinces in which the
bearer thereof proposes to travel. It is impracticable to state the
route that he will follow. He secures the right to travel in four
provinces, and it is scarcely possible to state in advance what
routes he will take.
Different systems prevail in the various countries as to issuing
passports. Under our system the passports are issued by the minister
only. They are sent to you and are countersigned by the governor of
the city of Pekin. It is not necessary or practicable that any other
authority should countersign them.
It is true that Article IX, above cited, states that “passports will
be issued by their consuls (meaning British consuls) and
countersigned by the local authorities.”
As our consuls do not issue passports, this phrase has no application
to us. As nobody can countersign passports issued by this legation
except the governor of the city of Pekin, it is presumed that you
had no intention to refer to the United States in this matter.
You further state that all foreign missionaries should be instructed
not to visit places infested by banditti. I see no objection to this
suggestion. [Page 105] I have warned
our consuls to represent to American travelers that there was danger
in traveling routes infested by banditti, and that such routes
should be avoided.
It will always afford me pleasure to cooperate with you in any
practicable suggestions as to rules governing passports, but it must
be borne in mind that in this matter the treaties control. They do
not require travelers to exhibit their passports unless they are
demanded, and I can not change the treaties. It is presumed that
they would be exhibited readily in case protection were needed.
