No. 798.] No. 165. Mr. Seward to Mr. Cadwalader. UNITED STATES CONSULATE-GENERAL, Shanghai, August 27, 1874. (Received October 12.) SIR: I have the honor to hand to you herewith a copy of a letter which I have received from the manager of the Great Northern Telegraph Company, together with Mr. De Lano's letter therein referred to, and an English copy of the agreement between the company and the authorities of the Fohkien province for the establishment of a telegraph between Foochow and Amoy. I hand you also copy of a letter addressed by me to Mr. Sheppard, at Tien-tsin, and Mr. Lord, at Ningpo, in regard to telegraphs. The present moment is opportune to urge these matters upon the Chinese, and I am using my best efforts to do so here and to encourage our several consuls to do the same thing. I cannot too highly commend the action of Mr. De Lano in the case of the Foochow and Pagoda anchorage telegraph and the Foochow and Amoy line. You will understand that we are all actuated in these matters by a sincere desire to do what we can to promote the interests of civilization and humanity in this vast empire. There is no American company in the field; and we are perhaps stronger in speaking for the Danes than we could be in speaking for ourselves. La. 1569. I am, &c., GEORGE F. SEWARD. [Inclosure 1 in No. 798.1 Mr. Dreyer to Mr. Sewara. GREAT NORTHERN TELEGRAPH COMPANY, SIR: I beg to submit to you copy of a letter received yesterday from Mr. M. M. De Lano, United States consul at Foo-Chow, and also copy in English and Chinese of the agreement referred to in the same letter. I do this in the intention of having your assistance in bringing the matter before such of the Chinese officials, and in such manner as you deem most likely to have influence and wisdom enough to see the advantages to China in adopting the agreement. I shall not enter upon any details, as the document actually speaks for itself." If you think that the agreement is fair and likely to be approved of by other Chinese authorities, say for lines from Shanghai to Nankin, from Shanghai to Tien-tsin and Peking, or between Ningpo and Hankow, or from there to Shanghai, I beg you to make use of it for furthering the establishing of these lines, this company being willing to carry out these lines without delay, if the permission through such an agreement can be procured from the local authorities concerned. With the trust that you wil use the most expedient means to advocate this matter, which is of like interest to all foreigners in China, I have, &c., [Inclosure 2 in No. 798.] Mr. De Lano to Mr. Dreyer. DREYER. FOOCHOW, August 22, 1874. MY DEAR SIR: I have in a former letter informed you that on the 1st day of the present month I received the assent of the provincial authorities here to the erection of a telegraph-line from this port to Amoy, overland, by the company which you rep resent. On the 4th and 5th of the month one of the members of the "Tung Lan Chu" (foreign trade committee) came to my office to introduce a wan-yuan, or deputy, who had in the mean time been appointed to go over the route to Amoy in company with a representative of your company, to make the preliminary survey and sketch of the route on which the proposed telegraph-line should be erected. I introduced the said deputy to your agent, Mr. Henningsen, and it was agreed by and between them that on the arrival of the company's engineer from Shanghai, arrangements should be at once concluded for the immediate survey of the proposed route. Two or three days later your engineer arrived here, when I arranged for him an interview with the Taotai and other officials, on which occasion I myself accompanied Mr. Hoffmeyer and Mr. Henningsen, taking my own interpreter with me. At this interview all the details of an agreement were arranged substantially as contained in a copy herewith inclosed, which agreement was to be signed by Mr. Henningsen on behalf of the company and by the foreign trade committee as the proper representatives of the provincial officials. It was not thought essential that this agreement should be executed before the survey should be commenced. Accordingly a second deputy was appointed, and on the 19th instant they started in company with Mr. Hoffmeyer and a large escort of attendants and coolies to make the preliminary survey, all in strict accordance with the terms agreed upon and contained in the inclosed copy of agreement. On yesterday I sent the written agreement to the yamên for examination and approval by the Tung Lan Chi, preparatory to its execution and signature, when I was informed that the imperial commissioner, Shen Pau Cheu, had written to the provincial official (the viceroy) to say that the Foochow and Amoy telegraph line would le built by the Chinese government in accordance with the advice of Mr. Giguel, already submitted to the central government. I was further informed that the viceroy had replied to Shen that he had closed with the Great Northern Company to erect the line, and that by the terms of his agreement the authorities would get the use of his line for government purposes free of charge with the option of buying it at pleasure, and he advised that the agreement be carried out. However, the committee declined to sign the agreement pending further instructions; but in the mean time the party are proceeding with the survey. I submit the foregoing statement to you, leaving it to yourself to determine what shall be done in the matter, but I shall continue my efforts in the company's behalf, trusting that the provincial officials will be able to override the propositions of Mr. Giguel and assert their right to manage the affairs of their province independently of Shen. I am sure the officers with whom I have negotiated in the matter are much annoyed at the turn things have taken, and charge the whole blame on Giguel. They believe that if the facts were reported in the interest of your company to the central government, Shen might be instructed to step aside and the viceroy instructed to carry out the arrangement made with the company. They say also that Shen may withdraw from his project on the receipt of the viceroy's letter. I give you also a Chinese version of the agreement, so that you may have it at hand in case you decide upon any action at Peking. Trusting the project will yet turn out favorable to your company, I am, sir, &c., M. M. DE LANO. [Inclosure 3 in No. 798.] Copy of an agreement. The high provincial authorities at Foochow, in the province of Fohkien and Empire of China, having already granted unto the Great Northern Telegraph Company of Denmark, permission to erect an electric telegraph line, overland, between the provincial city of Foochow and the city of Amoy, both in the province of Folkien it is necessary, in order that a perfect understanding may be had in the matter, that all the stipulations agreed upon by the Chinese authorities and the representatives of the telegraph company be clearly stated in the form of an agreement, and made a matter of record. 1st. The Chinese authorities agree on their part that as soon as the representative or engineer of the telegraph company aforesaid shall signify his readiness to cominence the survey and location of the said telegraph line, they, the Chinese authorities, will appoint two deputies, having official rank, to accompany the said telegraph company's representative from Foochow to Amoy aforesaid, and assist him in the survey of the route; the line to be erected along the route selected and agreed upon by the said deputies and the company's engineer. But it is understood that the line shall not pass through the large cities along the route, nor shall the telegraph-poles be put up in the public roads so as to obstruct travel, nor in the people's fields without their conseat. neither shall any graves or tombs be interfered with. The Chinese authorities agre to give official protection to the said telegraph line during its construction and after its completion, and permit the company to lease ground and erect small watch-houses at convenient distances from each other along the route, say ten miles apart, where Chinese watchmen will be employed to guard the line, (the company to pay such rent. for the ground as may be agreed upon with the owners of the same.) The company are permitted in like manner to obtain ground and erect telegraph stations at or near the two cities of Hing-Hua and Chûen-Chan, where European operators may reside. 24. It is agreed that the provincial authorities shall not grant to any other company or person permission to erect another, or a competing telegraph line between Foochow and Amoy aforesaid, for or during the space of thirty years from the date of this agreement; the Chinese authorities reserving to themselves the right to purchase the line at any time after its completion, at the actual cost of its construction, (adding thereto interest from the date of its completion to date of purchase, at a rate per cent. to be determined and agreed upon by the Chinese authorities and the representatives of the company.) In the event of the line being purchased by the Chinese authorities, the company will not erect a competing line. 3d. The Great Northern Telegraph Company aforesaid undertake to erect the telegraph-poles along the route selected and located as aforesaid, and to place thereon two lines of wire, one of which is to be worked by the company and in the company's interest for commercial purposes, and the other shall be worked solely in the interest of the Chinese authorities and for government purposes only, the telegraph company reserving to themselves the right to control the second wire in the manner hereafter named, viz: The company will work the wire in the interest of the Chinese government until their own appointed people are able to perform the work themselves, and will supply the Chinese with office-room and instruments at Foochow and Amoy, and at intermediate stations, free of charge, and will also instruct Chinese lads appointed by the authorities in the art of telegraphy free of charge. 4th. In order that the company may be assured that only government messages are transmitted over the government wire, the Chinese authorities agree that the draughts of all messages sent by them for transmission either at Foochow, Amoy, or the intermediate stations, shall have upon them a certain official seal, and a copy or impression of such seal shall be deposited with the operator or agent at each station. 5th. It is agreed that the office or operating-room, both of the company and Chinese, shall be in the same building at Foochow, Amoy, and the intermediate stations. The poles, wires, instruments, and stations are to be the property of the company until such time as the Chinese authorities shall elect to purchase the same, as before stated. 6th. All government messages sent by the Chinese authorities, for transmission over the wire, shall be dispatched without delay, and if in any case a non-official message shall be sent by an attaché of the yamên to the telegraph-office for transmission, the Chinese will try to discover the writer thereof and punish him in a suitable manner for the offense. The company agree that no official messages sent by the Chinese authorities shall be published by the company or any of their employés. All official messages received at the different stations for the Chinese authorities will be immediately delivered as addressed by the company. It being the wish of the Great Northern Telegraph Company to cultivate and maintain the most friendly relations with the Chinese authorities and the people, they will be found willing to change or vary the stipulations contained herein if such change shall appear to be for the general good, and shall not materially damage their interests; and on the other hand the Chinese authorities agree to do all things convenient and reasonable to facilitate the early completion of the telegraph-line. As a proof of the good faith of the two parties concerned in this agreement, it is signed by the company's agent, Mr. J. Henningsen, on behalf of the telegraph company, and by the foreign trade committee on behalf of the Chinese provincial authorities. No. 79.] [Inclosure 4 in No. 798.] Mr. Seward to Mr. Sheppard. UNITED STATES CONSULATE-GENERAL, Shanghai, August 26, 1874. SIR: You will understand the situation at Foochow from the inclosed letter from Mr. D. Lano and the inclosed copies of the agreement between the provincial authorities and the Great Northern Telegraph Company, I now, on behalf of the company and in the interests of progress and civilization, place these documents in your hands with a view to secure your aid for the company. It has been thought by Mr. Dreyer and me that the aid of the viceroy at Chibli might be useful. It is thought that there is noth ing to be gained by Mr. Giguel's plan, which would not be sooner and more economically effected by the telegraph company, while, if at last, Mr. Giguel's plan is to be adopted, the provision for the purchase and sale of the line would make such course easy. I conceive moreover that it is exceedingly desirable that telegraphs shall be introduced into China in such manner as to be in a degree independent of Chinese surveillance. Having the highest opinion of your discretion I write to you in the matter, giving you, with Mr. Dreyer's consent, the fullest discretion to introduce the subject to the viceroy or not, as may seem wise to you, and if you do introduce it, to invite his aid with the government at Peking or otherwise. You will notice that Mr. Geoffroy's proposal for the establishment of an inspector of telegraphs probably looks to the scheme foreshadowed at Foochow by the imperial commissioner, Shen. SIR: I have bad the honor to receive your letter of yesterday. I now inclose you a copy of a document not yet formally executed, but, as I understand, agreed to by the officials at Foochow, for the establishment of a telegraph line between Foochow and Amoy. This moment, when the Chinese fear a war and are made painfully conscious of their lack of means of resistance, including the telegraph and railroads, affords an opportunity to press home upon them their opportunities to institute these very desirable ameliorations of the means of communication. I therefore suggest to you, for your consideration, whether you can do anything so calculated to promote general interests as to visit the provincial officers at Haugehow, and submit to them the agreement mentioned, as indicating what they can do in the way of establishing a telegraph between their city and Ningpo. If you fail we are no worse off, and possibly you may succeed. I am, &c., No. 166. GEORGE F. SEWARD. No. 410.] Mr. Hunter to Mr. Seward. DEPARTMENT OF STATE, SIR: Your dispatch No. 791 in reference to the delivery of a criminal named Walter Jackson to the Hong-Kong government, and inclosing a copy of a letter addressed you by J. Gardiner Austin, colonial secretary, and your reply, and also a copy of your dispatch to Mr. Williams, chargé d'affaires at Pekin, is received. From the correspondence with the Hong-Kong government it appears that Walter Jackson, having been arrested in Shanghai, claimed to be an American citizen, and was delivered to you at your request; that this information being conveyed to Hong-Kong, a requisition was made upon you by letter from the colonial secretary for the delivery of Jackson, and that you informed him that while you would hold him a reasonable time to receive the evidence upon which the requisition was made, you were under no obligation to deliver the prisoner except in accordance with the provisions for the extradition of criminals as settled by treaty between the British govern ment and the United States. The Department is somewhat at a loss to ascertain the precise intention of the government of Hong-Kong by its demand. According to settled usage in the United States, criminals are not delivered up on the demand of a foreign state except pursuant to the provisions of a treaty. If the request of the Hong-Kong government was intended to be a demand for extradition in accordance with the provisions of the treaty with Great Britain of 1842, it is sufficient to say that the treaty provides for the delivery of persons who, charged with certain crimes committed within the jurisdiction of either, "shall seek an asylum or shall be found within the territories of the other," where proper proceedings shall be taken. It is necessary, in the opinion of this Department, that the person whose extradition is sought shall be not only within the jurisdiction, but within the actual territory of the United States. No authority is given to any diplomatic or consular officer to grant a warrant of extradition. Upon an examination of the request made by the colonial secretary, the absence of the usual statement that the prisoner is a fugitive from British justice and within the territory of the United States will be noticed, and the fact that the proceedings were dropped on the reception of your note is quite significant. I am, &c., W. HUNTER, No. 167. No. 802.] Mr. Seward to Mr. Cadwalader. UNITED STATES CONSULATE-GENERAL, Shanghai, August 31, 1874. (Received October 12.) SIR: I have the honor to transmit to you herewith a copy of a letter which I have addressed to the legation, covering an identical note from myself and several of my colleagues to our respective superiors, in regard to the neutrality of the foreign settlements in China and Japan in case of war, and to the immunity of our commerce. I am, &c., GEORGE F. SEWARD. [Inclosure 1 in No. 802.] Mr. Seward to Mr. Williams. No. 391.] UNITED STATES CONSULATE-GENERAL, Shanghai, August 29, 1874. SIR: The Tantai lately visited me, and I believe the English and French consuls on the same day, and in conversation raised the question, how far the neutrality of the foreign settlements here would, in case of war, be guaranteed by the foreign powers. In consequence of this visit I consulted with the British, German, and French consuls, and we have agreed to transmit severally to Peking, a letter which has been drafted by Mr. Medhurst, and which, as I wrote yesterday in a private note, went forward yesterday to Mr. Wade, my draft being at the moment in the hands of M. Godeaux. I have brought the subject of this draft before the Tautai, and at a later moment Mr. Medhurst has communicated the same to him in writing. I understand that the Tautai was to send forward the draft furnished to him by Mr. Medhurst by yesterday's steamer. My colleagues appear to fear that the Chinese will attempt, in case of war, to sink ballast-laden hulks upon the bar at Woosung. As our treaty provides for the immunity of our commerce in case of war, that is to say, on the Chinese side, I imagine that the strongest protest could be made against the proposal, which, moreover, is discountenanced. I think, by the feelings of the civilized world. As my colleagues are disposed to believe that, notwithstanding our treaty, the Chinese in exercise of their right of self-preservation could not be greatly opposed in thus obstructing the bar, I suggest that this question should be considered by you. I shall send a copy of the draft-letter inclosed to Mr. Bingham. I have, &c., GEORGE F. SEWARD. |