No. 159.
Mr. Seward
to Mr. Davis.
United.
States Consulate-General,
Shanghai, June 23, 1874.
(Received August 5.)
No. 766.]
Sir: Referring to Mr. Henderson’s dispatch, No. 32,
I have the honor to inform you that his notification appeared to me to
indicate a failure to appreciate our responsibility in this matter of the
Americans connected with the Japanese expedition, and of the law applicable
as a remedy. I therefore addressed him a letter, copy of which I
inclose.
At a later moment the inclosed telegrams have passed between Mr. Henderson
and me. I have no idea that the request indicated in Mr. Henderson’s message
was made only to him, and I do not believe that any good would have come of
his interference.
I am, &c.,
[Inclosure 1 in No. 766.]
Mr. Seward to Mr.
Henderson.
United
States Consulate General,
Shanghai, June 17,
1874.
No. 157.]
Sir: I have received for transmission to
Washington your dispatch No. 32, inclosing copies of letters which have
passed between Commander Kautz and yourself, and a copy of your
notification of the 6th of June.
[Page 323]
It occurs to me that the final clause of your notification is not
sufficiently stringent As the Chinese government has by treaty yielded
up jurisdiction over our people so that it cannot punish them even by
fine, it is obligatory upon us to deal with them. In this connection I
refer you to a dispatch of Mr. “Marshall to Mr. Marcy, of November 25,
1853; the same to Mr. Cunningham of November 1, 1853; Mr. Gushing to Mr.
Marcy September 19, 1855, and Fitz Roy Kelly and James Stephen, opinion,
May 22, 1862.
And in regard to the actual provisions of law violated by our people in
entering the service of the Japanese upon this expedition, I refer you
to the act of 20th April, 1818.
For all practical purposes quoad Americans, the
jurisdiction of the United States is extended to all parts of the
Chinese Empire, and that act may, I think, be as rigidly enforced in
China as within the territory of the United States.
What I write to you in these matters is of course advisory only, and
always subject to revision by the legation.
I am, &c.,
[Inclosure 2 in No. 766.]
[Telegram.]
Mr. Seward to Mr.
Henderson.
Henderson, Amoy:
Answer the Viceroy in a very friendly way, but avoid assuming any
prerogative.
SEWARD.
Shanghai, June 20,
1874.
[Inclosure 3 in No. 766.]
[Telegram No. 317.]
Mr. Henderson to
Mr. Seward.
Amoy, 20/6, 1874, 10h. 10m.
a.m.
Seward, Shanghai:
Viceroy quotes first article treaty of ’58, and asks me to assist
imperial commissioner to peaceably settle trouble with Japanese. Can I
act?
