No. 140.
Mr. Seward
to Mr. Evarts.
Legation of
the United States,
Peking, December 27, 1879.
(Received February 19, 1880.)
No. 542.]
Sir: I had the honor to hand to you on the 10th
instant, with my dispatch No. 530, a copy of a circular letter which I was
addressing to our several consuls in this empire requesting them to inform
the local authorities that they have no authority to approve any locally
proposed transit-pass regulations without having first obtained the sanction
of the legation.
After this circular was dispatched, the German, minister called the attention
of his colleagues to certain proposed rules for the issue of outward transit
passes which he had received from the German consulate at Shanghai, with an
intimation that they were likely to be put in force by the customs
authorities.
After consideration, the several representatives agreed in conference to
bring the matter to the notice of the foreign office, and to point out that
all rules affecting trade ought to be issued by the central government and
made applicable for all the ports.
In pursuance of this agreement, Mr. Brenan, interpreter of the British
legation, was instructed by Sir Thomas Wade, doyen of the diplomatic body,
to go to the foreign office and to read to the ministers a memorandum, a
copy of which I inclose herewith.
[Page 202]
The response of the ministers is given in a note by Mr. Brenan, a copy of
which is also inclosed. It does not meet the views of the foreign
representatives, as it does not clearly admit the principle that such rules
should be uniform and should be promulgated here. One purpose that the
foreign representatives had in view in calling the attention of the consuls
and of the Yamên to the subject was to avoid the danger of having locally
made rules quoted to us hereafter in support of proposals made here, and to
which we might feel bound to object as in contravention of treaty
stipulations. Our notice to the Yamên and to the local authorities through
the consuls may be appealed to by us in such cases, to indicate that we have
in no way assented to such local rules, and that they may not be brought
forward to our disadvantage in any future discussion of the transit-pass
provisions of the treaties.
I have, &c.,
[Inclosure 1 in No. 542.]
Memorandum for Mr. Brenan.
If the ministers who receive Mr. Brenan at the Tsung-li Yamên to-day
request any explanation, they must be informed that Mr. Brenan is not
authorized in the present instance to do more than present the
memorandum with which he is charged; that he is not at liberty to
discuss the construction of the treaty right to which it refers; but
that it will be of course his duty to report to the foreign
representatives, through his minister, as doyen of the corps diplomatique, any observations that it may seem good to
their excellencies to make.
[Inclosure 2 in No. 542.]
Memorandum to be read to the ministers of the
Tsung-li Yamên by Mr. Brenan.
The foreign legations having been given to understand that the Shanghai
authorities have it in contemplation to introduce certain regulations
that would modify the transit-duty privilege, so far as this affects
export produce, it has been thought desirable to declare that, in the
opinion of the legations, no regulations affecting foreign trade should
be framed except at Peking, and that there should be but one rule tor
the issue of transit-duty certificates at all the ports.
[Inclosure 3 in No. 542.]
Memorandum of Mr. Brenan’s visit to the Yamên.
Mr. Brenan went to the Yamên and was received by the ministers Tung-Wang,
Ching-lien, and Chung-li.
A copy of the inclosed memorandum was laid before the ministers, who were
requested to state what reply Mr. Brenan should take back.
Their excellencies stated that they also were of opinion that regulations
made in the provinces should receive the sanction of the higher
authorities in Peking. No report had been received by the Yamên with
regard to the regulations referred to in the memorandum. The
transit-certificate privilege was secured to foreigners under treaty,
and any rules which the local authorities at the respective ports might
make were only calculated to guard against abuses. The nature of these
rules would depend upon the circumstances of each port, and it might be
possible that, these circumstances differing, the rules could not in
every respect be uniform. The Yamên would now call for a report from
each port, and when a reply had been received the ministers would be
prepared to confer with the foreign representatives.
