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nothing further remains to be done either at Shanghai or here. The consent of the Chinese government cannot be officially asked while their acceptance by the treaty powers is in suspense, but I see no reason to anticipate any serious difficulty in that quarter.

As regards the expediency of any effort to obtain a charter of incorporation, I agree with the chairman that, provided the required powers to levy taxes and give effect to the land regulations generally be obtained, it matters little whether this be done by the formal sanction of the several treaty powers, giving them the force of laws, or by an instrument of a more high-sounding title; and under the circumstances it may be well to proceed with the formal sanction of the land regulations as a basis, without raising any further question tending to prolong discussion.

Before concluding, it is fit that I should advert to the various suggestions offered in regard to certain secondary, and, in some sense, complimentary measures which the committee of land rents consider more or less essential to the satisfactory working of their scheme of municipal government under the revised code of regulations.

These may be summed up under four heads:

1. The appointment of a Chinese magistrate to preside over the mixed court, with sole jurisdiction over the native population in the settlement.

2. The establishment of an effective river police at the cost of the Chinese, and the extension of municipal jurisdiction over the stream.

3. A substitute for the tax hitherto levied, as "wharfage dues," to be provided either by the payment of a contribution from the imperial customs at Shanghai, equivalent to one-tenth of one-per cent. on the value of all goods which pass the foreign department in the customs at the port, or to be levied in addition to the present maritime dues if sanctioned by the treaty powers.

4. The admission of a Chinese element into the municipal council.

In reference to the first of these suggestions I am happy to state that preliminary negotiations with the government here have already prepared the way for its adoption. The expediency of such an appointment has been fully recognized, and it only remains to arrange the best means of meeting the additional expense, and certain administrative details in regulating his relation to the Taotai as his superordinate.

The second proposition involves greater difficulty, both in principle and practice. The council desire an extension of jurisdiction beyond the low-water line over the river. This is precisely what the French appear to have claimed with manifest confusion and conflict of jurisdiction. It has already formed the subject of complaint and remonstrance, as fraught with injury to the common interest. If a foreign municipal jurisdiction within the settlements, over all the residents, meets with serious obstacles from the diversities of nationalities, and the many anomalies inseparable from its exercise in such a community, the extension of a similar rule over a Chinese inland water and a great river-course, with its constantly changing occupants and traffic, would obviously be attended with still greater difficulties, and be open to far more serious objections. No treaty has taken from the Emperor of China, or given to any foreign power, as far as I am aware, jurisdiction over the river-courses of his empire. The exterritorial clause no doubt is operative as regards subjects of treaty powers in the waters of China, as on shore, but even these privileges are subject to considerable limited ex necessitate rei in regard to ships and goods afloat. The right to protect the customs revenue is inseparable from the control of the ports and rivers where trade is carried on, the maintenance of a fairway for ships of all nations, and the establishment of harbor regulations, which must be equally obligatory upon all. Chinese, as well as foreigners, owe duties which devolve upon the government of China, and can scarcely be fitly delegated to a municipal council of foreigners, even with a Chinese element. And if not to one, still less to two, occupying conterminous settlements on the banks of a river on which there is an enormous traffic both native and foreign. Indeed, the more the question of river jurisdiction is examined, the more insurmountable appear the objections to any pretension to its delegation. It might not be impossible to devise a concurrent instead of a conflicting jurisdiction to be exercised by two municipal councils of cosmopolitan character; but the arguments against the expediency and the general policy of such an arrangement, assuming it to be practicable, with the free consent of the Emperor of China, are too strong and unanswerable for any proposition to that effect to be entertained.

The Chinese government have been in a great degree relieved, partly by the force of circumstances beyond control, and partly by the desire of the foreign communities settled in the country, from obligations and duties in respect to the maintenance of peace, order, and good government in the foreign settlements, which undoubtedly belong to the territorial sovereign. But there are not wanting those well versed in the history of foreign relations with China and the Chinese people, who, looking at the questions from an international point of view, and with the light of past experience, contend earnestly that every step in this direction has been an injury to the Chinese government, and a mistake as regards the true interests and position of foreigners within the dominions of the Emperor. Whatever may be the amount of truth in this conclusion, the extension of the same principle, taking out of the hands of the legitimate authority the jurisdiction of the ports and rivers to transfer it, with all its onerous obligations and duties, to a continually shifting and irresponsible council of

foreigners, can hardly be viewed otherwise than as a proceeding of doubtful wisdom, and in the highest degree inexpedient.

A more effective assertion of rightful jurisdiction on the part of the Chinese government, and a better organized river police, in competent hands, in connection with the imperial customs, would, on the other hand, be so obviously a gain, both to Chinese and to foreigners, that no insurmountable obstacle to the adoption of measures to that end should be anticipated. If anything could raise such obstacles, it would be the pretension of any municipal council in foreign lands to extend their jurisdiction from the shore to the water way. The duty and the expense both fitly belong to the territorial sovereign; and I believe neither the one nor the other can be delegated to any second power, without grave prejudice to all concerned. The third proposition, to provide a substitute for wharfage or town dues, difficult of collection, and open to cavil, if not to serious objection, as being in effect a tax on trade not contemplated or sanctioned in the treaties, deserves serious consideration. If the Chinese government can be induced to take a large view of their obligations towards the foreign community, which has itself and for so many years supplemented the proper action of the Emperor at an enormous annual cost, they will hardly object to the principle on which such a proposal rests. Nevertheless it is not to be overlooked that this is a proposal at one step to saddle the Chinese government with the whole cost of the large police establishment hitherto maintained by the foreign community, aided by taxes on the Chinese population within their limits. Whether the sum required be paid out of the customs revenue, or any other source, it amounts to the same thing, and the Chinese government, if called upon to make such payment, might well require not only controlling power in the constitution and management of the police force, but an account of all taxes levied upon Chinese subjects for municipal purposes, together with a determining voice both in the amount raised and its application.

There is a middle course open to both parties, however, not unworthy of consideration. Looking to the small and fractional nature of the tax now sought to be raised by wharfage dues for police purposes, and the uniformity and fairness of its incidents, the ease with which it would be collected by the customs, and lastly the benefit in common to be derived from its application, the several treaty powers might willingly consent to allow such minute addition to be made to the maritime duties now levied by treaty either at Shanghai alone, or wherever a majority of the foreign residents desired it at the other open ports, and this I will take upon myself to recommend.

As regards the fourth and last of these supplementary measures, the admission of a Chinese element into the council to represent the rights alike of the territorial sovereign and the natives located in the settlement, and subject to taxation in consequence, there can be no doubt that many advantages would result from its adoption. It is calculated to facilitate the collection of taxes on the native inhabitants without entailing an absolute veto or power of refusal on the part of the Chinese member of the council. In lieu of this it might be determined that in the event of a protest on his part there should be a right of appeal to the foreign representatives at Peking and the government, before any new levy, when opposed, could be carried into effect. It might possibly prepare the way for a commutation of all imperial taxes to a fixed rate for all natives located within the limits of the foreign settlement, which the municipal administration might furnish the means of collecting, without expense to the government, thus assuring them a certain revenue and without the costs of collection. This would more effectually remove many existing grounds of complaint, as to excessive or exceptional taxation applied to the Chinese domiciled in the foreign settlements, than any other course, however legislatively guarded from abuse.

You will transmit a copy of this despatch to the chairman of the committee of land renters for their information, and assure them of my earnest desire, in concert with the representatives of other treaty powers, to secure the successful working of their matured scheme for improved municipal government.

Your obedient servant,

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SIR: I transmit to you herewith the copy of a note of the 3d ultimo, from Sir Frederick Bruce, relative to the placing of lights and buoys on the coast of the Chinese empire, and asking that this government may co-operate with that of Great Britain in urging upon the Chinese government the necessity of car

*For enclosure see Diplomatic Correspondence 1866, vol. 1 page 261.

rying into effect the objects in question. This government concurring in the suggestion thus made, you are instructed to join with her Majesty's representative in China in the adoption of such measures as will tend to induce the Chinese government to undertake the construction of the work in question.

1 am, sir, your obedient servant,

ANSON BURLINGAME, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

No. 180.]

Mr. Seward to Mr. Burlingame.

DEPARTMENT OF STATE,

Washington, December 29, 1866. SIR: From a despatch of the 3d of September last, addressed to me by Consul General Seward, I learn that your attention was called by that gentleman, on the 30th of August, to the subject of a joint tribunal or commission for the trial of cases in which the customs authorities claim the right to confiscate vessels or goods, for breaches of the treaty; and touching also the manner of procedure in cases in which they claim the imposition of fines for breaches of the treaty, or the payment of penalties stipulated for in bonds given to them.

The matters are of very great interest, and the department suspends instructions until it shall have heard from you upon the subject.

I am, sir, your obedient servant,

ANSON BURLINGAME, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

No. 126.]

Mr. Burlingame to Mr. Seward.

UNITED STATES LEGATION,
Peking, January 3, 1867.

SIR: Please find enclosures 1, 2, and 3, relating to newspapers printed in the Chinese language.

The letter of Prince Kung (1) was sent to each of the legations, and the representatives of the treaty powers, after consultation, and considering the value of the freedom of the press, agreed to reply substantially as I have done, thanking the Prince for his liberal views on the subject of printing, and pointing out the remedy for libels under our laws, but refusing to repress by harsh measures the freedom of the press.

The answer seems to have been satisfactory.

I sent to our Consul General Seward the enclosure 3, that our countrymen might take such precautions as would seem to be necessary to give the injured Chinese the benefit of their treaty rights.

I have the honor to be, sir, your obedient servant,
ANSON BURLINGAME.

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington, D. C.

Prince Kung to Mr. Burlingame.
[Translation.]

Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication:

It has lately been reported at the foreign office that the newspapers in the Chinese language circulated at the open ports, which are printed and circulated by foreigners, have repeatedly contained articles defaming the officers of this government. As native traders and others constantly read these newspapers, if the officials are maligned in them, it will seriously injure their reputation and influence, and moreover lead the people whom they rule over to become disaffected and despise their authority.

It is probable that those who issue these newspapers are unaware that such an offence comes within the scope of the statute respecting posting anonymous placards, which prescribes a severe punishment for the offence. In China, as elsewhere, good and bad people act differently; and there are many reckless persons who, caring nothing for themselves about being branded as criminals, disseminate unfounded reports, either openly promul gating the charges themselves, or secretly engaging others to do it for them, and all to create disturbance. Your fellow-countrymen cannot for themselves inquire into these reports, but they give them wide currency by printing them for distribution. I am disposed to think that the laws of the United States also forbid and restrain such offences, and punish those who defame and injure the reputation of officers or people.

In saying this I have no desire to prevent the general discussion of such things as are of public importance or trustworthy, or of whatever relates to China of common interest to all classes; but to permit people to write baseless calumnies against officers is really doing an injury to the reputation of his Majesty himself.

"It is incumbent on me, therefore, to request your excellency to issue an equitable regulation, which will restrain these proceedings, and prevent the officers of the country being thus maligned by unfounded accusations through the newspapers in future; and it is for this purpose that the present communication is sent to you and the other foreign ministers in Peking.

His Excellency ANSON BURLINGAME,

United States Minister to China.

November 30, 1866, (Tungchi, 5th year, 10th moon, 24th day.)

Mr. Burlingame to Prince Kung.

LEGATION OF THE UNITED STATES,

Peking, December 17, 1866.

SIR: I have the honor to acknowledge your imperial highness's despatch of the 30th ultimo, in which you inform me that the newspapers in the Chinese language at the open ports, printed by foreigners for circulation, have of late frequently contained articles defaming the officers of the Chinese government, calculated to injure their character and influence among the traders and others who read them; and that as this offence comes within the scope of the [native] statute concerning posting anonymous placards, the penalties of which are extremely severe, you accordingly desire me to issue some equitable regulation restraining or stopping such things [by Americans, ] &c., &c.

I may remark, in reply, that the laws of the United States against circulating slanderons reports are likewise severe; but I am much pleased to see in the despatch under reply the sentence which informs me that you have no desire to prevent the general discussion of such things as are of public importance or trustworthy, or of whatever relates to China of common interest. This observation clearly shows that the foreign office has candidly and fully weighed the advantages and abuses of newspapers.

I infer, therefore, that the laws of China and of foreign countries respecting circulating slanderous accusations defamatory of officials are not unlike in their strictness; but as your imperial highness has not, in the present case, specified any citizen of the United States by name as having slandered the officers of the Chinese government, I have no grounds for taking any action in the matter. However, I may state, in conclusion, that if any person is slandered in these newspapers, he can enter his complaint at the American consulate, stating particulars of names and date of the paper, and with these details of evidence in the case, the consul himself can examine and decide it. If it shall be ascertained that a native has written the report, and got the foreigner to print it for him, he shall be sent to his own authorities for examination. But if, on the other hand, it be proven that an American has wilfully printed false charges against a Chinese, the consul will decide the case according to the laws of the United States.

I have the honor to be, sir, your imperial highness' obedient servant,
ANSON BURLINGAME.

His Imperial Highness PRINCE KUNG, &c., &c., &c.

GAME

Mr. Burlingame to Mr. G. F. Seward.

LEGATION OF THE UNITED STATES,
Peking, December 19, 1866.

SIR: In forwarding to you the enclosed correspondence with Prince Kung relating to newspapers in the Chinese language printed in this empire by our countrymen, I have only to observe that the object in view on his part is rather to check abuses which might arise from too much license, than to deter persons from publishing papers. If you have knowledge of any American engaged in printing a newspaper in Chinese, I wish you to inquire of him whether it is issued with his imprimatur, stating the name of the printer and the place of its publication, and in case they are not given on each separate issue, to request him to do so. It is highly desirable, in view of the great importance of this means of enlightening the Chinese people, that it be conducted by responsible persons.

I am, sir, respectfully, your obedient servant,

GEORGE F. SEWARD, Esq.,

United States Consul General.

ANSON BURLINGAME.

Circular relative to the Coolie trade.

DEPARTMENT OF STATE,

Washington, January 17, 1867.

SIR: I subjoin a copy of a resolution on the subject of the Coolie trade, which has recently unanimously passed both houses of Congress. It is believed to correctly represent the moral sentiment in this country on the subject of that trade, which is now prohibited by law, except when the consul, at every port where coolies may embark, may be required to certify, upon full examination, that this embarcation is not forced or procured by fraud, but is voluntary. There is reason to believe, however, that this important requirement is sometimes,. perhaps often, disregarded. You are consequently directed to make use of all the authority, power, and influence at your command, towards preventing and discouraging the carrying on of the traffic referred to in any way. With reference to the officers of foreign governments, that influence must of course be discreetly exercised, without giving just cause of offence, in a matter which may be tolerated by the laws of their respective countries.

I am, sir, your obedient servant.

ANSON BURLINGAME, Esq., Sr., &c., &c.

WILLIAM H. SEWARD..

IN SENATE OF THE UNITED STATES, January 16, 1867. Whereas the traffic in laborers, transported from China and other eastern countries, known as the Coolie trade, is odious to the people of the United States, as inhuman and immoral ;; and whereas it is abhorrent to the spirit of modern international law and policy, which have substantially extirpated the African slave trade: to prevent the establishment in its place of a mode of enslaving men differing from the former in little else than the employment of fraud instead of force to make its victims captive: Be it therefore

Resolved, That it is the duty of this government to give effect to the moral sentiment of the nation, through all its agencies, for the purpose of preventing the further introduction of Coolies into this hemisphere, or the adjacent islands.

Ordered, That the Secretary lay the foregoing resolution before the President of the United States. J. W. FORNEY, Secretary.

Attest:

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