Each of us will at once communicate this correspondence to our respective superiors at Peking. For myself, I desire to remark that your understanding of my position touching these new regulations, as well as the old ones, is correct. Neither of these has been enacted in such manner as to make it, in my opinion, of binding force as respects citizens of the United States. The authorities of the United States in China, as well as the citizens of the United States residing at Shanghai, were, however, consulted in the preparation of the old regulations, and the result is that they have received such cordial support that the absence of power to enforce them at law has not occasioned inconvenience. It cannot be expected that like support will be given to regulations in the preparation of which neither the one nor the other have been consulted, and which will be regarded as trenching upon rights of the first importance. I have communicated a copy of this note to our colleague, Dr. Winchester. Vicomte BRENIER DE MONTMORAND, Consul General for France, Shanghai. GEO. F. SEWARD. E. Mr. G. F. Seward to Mr. Williams. UNITED STATES CONSULATE GENERAL, SIR: The treaties of foreign governments with China, and notably the treaties of the United States, Great Britain, and France, provide for the complete removal of the citizens of these several countries from amenability to the government of China, and authorize each government to extend an intercurrent jurisdiction over its respective nationalities. There is no treaty between the several foreign governments, or any of them, which grants to either or any of them jurisdiction of any kind over the citizens of another or other powers; nor is there any authority in the Chinese government to grant such jurisdiction, since it has already renounced in favor of the several nationalities, individually, all its natural powers over their respective citizens. It is manifest, then, that to form at any port a municipal establishment which shall be enabled to levy taxes and collect them at law, qualifications of fundamental importance, it is indispensable that the authorities of the several nationalities shall concur in creating regulations having such intent and effect. The principle thus set forth has received general support. So long ago as 1854 a code of land, regulations was framed by the consuls of England, France, and the United States, then representing almost the whole of the foreign interests involved. They were approved by the ministers of those powers, and by the Chinese government through its local representative. They have received from time to time the sanction of other powers, and nothing should have remained but to improve and enlarge them as circumstances might demand. The successive French consuls have, however, for a long time assumed peculiar powers over a portion of the general settlement which has become known as the French " concession." Without consultation with other consuls, one of them established a council, and through its agency created a police force. Upon more than one occasion the writs of consular tribunals of other nations have been prevented from running in that quarter by the action of that police force, and the sanction of the consul general of France for the time being. Englishmen and Americans have been arrested and thrown into prison, and held, pending the convenience of the police, without color of law. It was hoped that in time natural operations would induce our Gallic neighbors, who are few in numbers, and who have only been able to carry on their peculiar government by means of the jurisdiction which they have established over the multitude of Chinese upon their so-called concession, to drop these pretensions, and join with the people of other nations in perfecting a general municipal establishment. I regret, however, to inform you that pretensions which have heretofore been avowed only on the part of the local representatives of the French government, have now been affirmed by that government. I enclose a copy of a notification made this day in the public prints, and I proceed to point out hastily, as my time is short, the objections to them which occur to me. 1. They provide, without reference to the Chinese government, or to any other government, for the establishment of a municipal organization on Chinese territory, which is occupied by Englishmen and Americans, as well as Frenchmen, but chiefly by Chinese. Thus, nothing less than territorial dominion is assumed, irrespective of the rights or wishes of the vast majority of those affected. 2. The municipal organization thus created, or to be created, is so arranged that French influence shall be ever paramount. Five of the nine councillors, counting the French consul general as one, will always be Frenchmen. 3. The consul general of France will not only be a member of the council, with a casting vote, but he will also have autocratic powers. He will prepare the lists of electors; he only will call meetings of the council; he will be empowered to suspend and dissolve the council; he, one of its members, will be one of their arbitrators in questions arising between persons of other nationalities and the council; he will have a veto upon the acts of the council; his consent must be procured to appointments in the municipal service, and he may remove any or all incumbents; he will be charged with all things connected with the preservation of order; his consent and co-operation must be had before any action can be taken on the part of the tribunals of other nations within the limits of the so-called concession. 4. Appeals of the council itself against the consul general will be to the French minister at Peking, but only in cases enumerated. I have, in conclusion, to point out that the assumption of the French government in this matter is in direct violation of the principles which have always been upheld by the government of the United States, which were assented to long since, by the the British government in particular, and more recently by the ministers of Great Britain, France and Russia, (vide Mr. Burlingame's letter to me of June 15, 1864, and the references made therein,) and to declare my opinion that in case the government of France is not led to disavow the assumption, other powers will attempt to imitate her example; and thus may be sounded the prelude to the great work of breaking up and appropriating China. I enclose a copy of a note addressed to the French consul general by her Britannic Majesty's consul and myself jointly; also of his response and of my rejoinder. One object was, by preventing the publication of the new rules, to render their reconsideration more easy. I have the honor to be, sir, your obedient servant, S. WELLS WILLIAMS, Esq., L. L. D., United States Chargé d'Affaires. 'F. Mr. Williams to Mr. G. F. Seward. GEO. F. SEWARD. LEGATION OF THE UNITED STATES, SIR: I have to acknowledge your despatch No. 57 and its enclosures, relating to the new code of réglements issued by the French consul general for the government of the so-called French concession, and to commend their spirit and the entire co-operation you have carried out with her Majesty's consul in the correspondence. There are some objectionable points connected with the publication and purport of these reglements, and their general bearing has been fully discussed with her Majesty's minister, (to whom I showed your despatch,) and with the Russian and Prussian ministers. I enclose à form of protest, which expresses our views in relation to the réglements, and to which you can get as many consular signatures as possible. Sir Rutherford Alcock is writing to Dr. Winchester upon the subject, and it is important that you and he continue to act in entire accord in relation to this matter, whatever rule of action the other consuls may see fit to adopt. I notice in your reply of July 11 to Viscount de Montmorand the remark that in your opinion "neither the old nor new regulations have been enacted in such a manner as to make them of binding force as respects citizens of the United States." If you mean by new regulations those recently issued by the French consul general, and by old those in operation since 1854, it seems to me that you have placed two very different things in one category. If it be that you regard the latter as not of binding force upon American residents in Shanghai, because they were not issued by Mr. McLane as a decree, and approved by all the United States consuls in China, it seems to me that their local nature, their character of joint issue or sanction by the only foreign ministers then in China, and their tacit acceptance by the government at Washington for twelve years past, gives all the reasons for the exceptional form, and sufficient approval to their validity and binding nature that can be required. I should be pleased, however, to learn the grounds of your opinion; but meanwhile I wish you to assure the French consul general that your private opinion will not conflict with your intention to carry them into full effect until they are annulled by the same authority. I regret that I misunderstood the purport of your question last year as to the legal nature of the land regulations at Shanghai, as my reply has led to the impression that we differ on this point, which I think is not really the case. I am, sir, respectfully, your obedient servant, GEORGE F. SEWARD, Esq., United States Consul General. S. WELLS WILLIAMS. G. Draught for a notification on French reglements, to be issued by the consuls and representatives of other Powers at Shanghai, as a collective note and protest. Whereas the treaties of foreign powers with China provide for the complete removal of their respective subjects from the territorial jurisdiction and all amenability to the laws or government of China, and authorize each government to extend jurisdiction on Chinese soil over their respective subjects; Whereas there is no treaty between the several foreign powers, or any of them, which grants to either or any of them jurisdiction of any kind over the subjects of another government; nor is there any authority in the Chinese government to grant such jurisdiction, since it has already renounced in favor of the several nationalities all its natural powers over their respective subjects: It is manfest that to form at any Chinese port a municipal body which shall be enabled to levy taxes and to collect them at law, it is indispensable that the authorities of the several nationalities shall concur in creating the rules or regulations having such intent and effect. Whereas, moreover, the principles thus set forth have heretofore been recognized and acted upon so long ago as 1854, a set of land regulations having been framed by the consuls of Great Britain. France, and the United States of America, then representing nearly the whole. of the foreign interests involved, which regulations were approved by the ministers of these powers and by the Chinese government through its local representative, and these having from time to time received the adhesion of other powers, it follows that, until as formally and publicly disavowed and annulled as their adoption was originally notified to all whom it concerned, such regulations must be held to be valid and binding in an especial manner upon the three powers above mentioned, whose ministers and consular representatives signed and promulgated them in the first instance. No such formal and public act of disavowal and nullification having taken place, and land and property having been acquired to a large amount under these regulations, and on the faith of their application to the whole foreign location, as recited in the preamble to the aforesaid regulations, by subjects and citizens of various foreign powers, they must still be recognized and accepted as the code of rules governing the legal status and municipal relations of all the foreign residents within the said limits, and no posterior act of any one of the contracting powers alone can invalidate the anterior rights of property and ex-territoriality duly and legally acquired. In conformity with these facts and general considerations, the undersigned, consuls and representatives of their respective nations at Shanghai, deem it incumbent upon them to declare, for the information and guidance of all whom it may concern, that they cannot recognize, and do hereby formally deny, the competence of the French or any other government, of its own motion, without reference to and the formal consent of the other powers interested, to promulgate any réglements or municipal laws to be put in force on any part of the foreign settlements comprehended in the limitations defined in the rules already cited and established by common consent. It must at all times be held incompetent to any foreign power to make laws or rules operative on the subjects or citizens of any other state resident in the Chinese dominions; and no laws, rules, or regulations so promulgated can be admitted as having any application or obligatory force whatever upon the subjects of another foreign state. The undersigned deem it incompetent, in consequence, for the citizens or subjects of their respective nationalities to take any part in the establishment or working of the réglements lately issued and promulgated by the consul general of France at Shanghai. They are not in a position to receive or give any vote, or take any part, either in the formation or working of a municipality or council so constituted. They are, by virtue of their nationality, outside the limits of its jurisdiction, and independent of its action, and therefore disqualified from participation in any of its acts. The undersigned, considering it desirable in the general interest, and the better to prevent misapprehension, that a public notification should be made by the representatives of each nationality whose ex-territorial rights are, or may be, affected by the réglements emanating from an exclusive French authority, so serve as a formal and public protest against any undue assumption of a power to render amenable to them, either individuals or nationalities, not subject to the French government. And being in full accord, they have hereunto, by common consent, this affixed their signatures and seals of office. day of H. Mr. Williams to Mr. G. F. Seward. LEGATION OF THE UNITED STATES, SIR: Referring to my last despatch of the 30th ultimo and its enclosure, relating to the joint action proposed to be taken by yourself and the British consul as to the réglements lately issued by the French consul-general for the future government of the so-called French concession, I have now to request that you will regard the form of protest enclosed in that despatch as a non-avenue, not at present to be acted on. This change arises from the explicit orders which have just been received from the British government upon this matter, preventing their consul at Shanghai joining you in issuing the protest, and as I think it not unlikely that some communication may have also been made to the American minister at Paris for the information of the President upon the bearing of these réglements, it will not be advisable to move in the matter until something definite is known; besides, the protest would lose much of its effect unless the consuls of the other two powers, which were parties to the first set of land regulations, should both sign it. I am, sir, very respectfully, your obedient servant, GEORGE F. SEWARD, S. WELLS WILLIAMS. United States Consul General. No. 34.] Mr. Seward to Mr. Williams. DEPARTMENT OF STATE, Washington, August 7, 1866. SIR: I have to acknowledge the receipt of your despatch of the 12th of May last, No. 32, flating to the right of foreigners, by treaty, to carry their steamers through the interior waters of China. In reply, I have to inform you that your interpretation of the treaties and public law adversely to the pretension to such right is approved. If, however, it should in the opinion of Mr. Burlingame be just to the Chinese, and in harmony with the interests of the United States, no objection is offered to the proposed plan of Consul General Seward for obtaining as a matter of privilege, under suitable regulations, authority for vessels of the class mentioned in the correspondence to resume their operations. I am, sir, your obedient servant, S. WELLS WILLIAMS, Esq., &c., &c., Sr. WILLIAM H. SEWARD. Mr. Williams to Mr. Seward. No. 37.1 LEGATION OF THE UNITED STATES, SIR: It has been reported that a dreadful execution of two Roman Catholic bishops and nine priests, belonging to the mission in Corea, together with a large number, of native Christians, took place in March last, attended by circumstances of great barbarity, and under the direct instigation of the highest authorities of that country. Three priests escaped arrest by hiding in the mountains, one of whom, named Ridel, afterwards succeeded in escaping, in a shallop manned by his native friends and co-religionists, to Chifu. The other two are supposed to be still alive in their retreats. The French admiral was at Chifu at the time, and learned all the particulars of this affair from the refugee party. He has since determined to visit Corea at the head of all his available land and naval force, and obtain satisfaction from what seems to have been an unnecessary outrage, for it was very easy for the Coreans to have sent the missionaries over their borders. He has already despatched a gunboat or two to survey the coasts and channels leading up to the capital, and has himself gone to Shanghai (and Saigon if necessary) to prepare his expedition and return in October. The full account of the proceedings of the Corean authorities, and what previous acts aroused their fears, or stirred their anger, to suddenly resort to these severe measures, to repress the new faith, will, I suppose, be known by and by; but enough has been done to furnish an excuse to the French authorities to interfere in the behalf of their countrymen living in Corea. It will probably result in opening the last country in the world which still forbids Europeans to travel or settle in it, and establishing the dominant influence of Christian nations throughout the entire globe, if nothing worse to the independence of the Corean peninsula. It is rumored here that the Coreans have applied to the Chinese for help to oppose the French, but they can receive no aid from the middle kingdom. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, S. WELLS WILLIAMS, Secretary of State, Washington, D. C. Chargé d'Affaires. Mr. Williams to Mr. Seward. No. 38.] LEGATION OF the United States, SIR: Referring to my despatch No. 30, of April 12, I have now the honor to send you some additional documents connected with the same affair of the desecration of the cemetery at Tangchau, which has been again brought before the authorities by Consul Sandford and Commander Townsend, of the United States steamer Wachusett. The first (enclosure A) is the report of Mr. Sandford of the results of their interview with the prefect of Tangchau, with remarks on the reply of the intendant (enclosure B) to their complaint of the cavalier treatment they had received from his subordinate. The despatch of Prince Kung, (enclosure C,) respecting the same visit, and my reply, (enclosure D,) together with a letter from Commander Townsend, (enclosure E,) and my answer (enclosure F) to him, and his to the intendant on his departure for Shanghai, (enclosure G,) completes the series of documents now sent. The others connected with the proceedings add nothing material to the facts and opinions herein stated; and if it was not for the dogged obstructiveness of the intendant at Chifu to any ararngement of the matter, I should have hopes of an earlier settlement. The policy of the Chinese government, both here and in the provinces, has latterly been apparently to delay as long as possible in settling a case, do nothing that costs them trouble, and try to weary out all applications by the power of their vis inertia. The stimulus or the fear caused by the approach of foreign troops to Peking six years ago is losing its former potency. It is very wearisome to be obliged to constantly urge the members of the Foreign Office to do their duty, and oblige the local authorities to fulfil treaty stipulations whenever our citizens suffer wrong, while, at the same time, one feels that they either cannot or will not, or dare not, act efficiently. I think sometimes that they have become utterly discouraged with the multiplicity and urgency of the questions and grievances brought before them for settlement and reparation. The patience of foreign powers will at last be exhausted by this do-nothing policy, and when each begins to vindicate its own rights, upon refractory or recusant officials at the ports, the whole fabric of Chinese government will soon fall to pieces. I have the honor to be, sir, your obedient servant, S. WELLS WILLIAMS, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. Chargé d'Affaires. |