to be fixed beforehand. If suitable men can be found, send them; but not, if none are ready, keeping the power of doing so always in our own hands; nor should other powers, if we are unwilling to send envoys, regard it as a cause for hostilities.

I have just received the dispatch from the foreign office respecting the appointment, by his Majesty's order, of Chi Kang and Sun as our envoys to western countries. Henceforth there will be a perpetual interchange of civilities; the affairs of diplomacy will gradually increase; and though it may be found that one or two of our agents may prove unfit for their posts, who can tell whether such envoys as Su Wu, Pan Chau, Fu Peh, and Hung Hau* may not again arise?

Seeing, therefore, that this point has for its objects the honor and prosperity of his Majesty, and the smoothing over difficulties, it seems best, on the whole, to accede to it. In respect to affording facilities for the propagation of religion, I may be allowed to observe that the Roman Catholics began their work by tempting men to join them from mercenary motives; but latterly most foreign missionaries have been poor, and as they could not hold out so many advantages, their doctrines have not been believed. From the days of the Tsin and Han dynasties, the doctrines of Confucius and the sages have been rather obscured, so that Budhism has got gradually the ascendant; yet Budhism has been very greatly supplanted in India, its original country, by Mohammedanism. So, too, Romanism, which arose in the Roman empire, and obtained the supremacy; but subsequently Protestantism has vigorously opposed it. From these facts it is evidently plain that all these different religions fluctuate, having their rise and fall; while the doctrines of Duke Chau and of Confucius suffer no attrition during the lapse of ages, but still suffice to regulate the government of China, correct the manners of its people, and exalt the dignity and institutions of the land. If, therefore, the adherents of these other doctrines take every method to promulgate them, they will after all get but few supporters and converts. As there are many churches in the districts and prefectures in every province already erected, there can be no want for allowing them to erect any more. Should the foreigners, then, at the coming revision of the treaty, persistently press their demands on this head, it will be enough to promise them that, whenever occasion requires, protective orders will be issued in regard to this faith. It will not be necessary to add an additional article, and I think they will not ask further, or often urge it.

These latter points, whose results are not likely to be very disastrous, need not be debated so as to cause bitterness, though they ought not to be instantly granted when asked for. But the other demands for railroads, steamers going up the rivers, opening the salt trade, and building warehouses in the interior, are so disastrous to the occupations of our people that they ought to be strenously resisted. Bitter disputes need not arise about them, nor harsh language be used, but the points can be discussed goodhumoredly, and fair, truthful arguments employed to convince them, at the same time, that we are decided not to grant them. Let them fully know that a regard for the welfare of the people as the means of preserving the state has been the constant principle of our ancient rulers through all ages, and also the law of all the sovereigns of our reigning family. Many affairs now demand our attention, while the foreigners are afraid of nothing; yet we cannot assent to everything they ask without any reference to its propriety, and disregard the necessities of our own people.

Should the day come when China gets the ascendant, and foreign nations decay and grow weak, we then should only seek to protect our own black-haired people, and have no wish to get military glory beyond the seas. Although they are crooked and deceitful, they yet know that reason and right cannot be gainsaid, and that the wrath of a people cannot be resisted. By employing a frank sincerity on our part we can no doubt move them to good ways, and then everything will be easily arranged to satisfaction. These humble views are submitted, crude and immethodical as they are, for examination, that those which are deemed proper may be carefully considered.

A respectful memorial, drawn up in accordance with the decree concerning the revision of the treaty, and now sent by courier at the rate of 400 li (125 miles) a day, [to Pekin,] and upon which I humbly beg their Majesties the Empress Regents and the Emperor to bestow a sacred glance, and command their instructions on it.

These are four distinguished envoys. Su Wu was sent, in the year B. C. 100, to a tribe of the Scythians; Pan Chau, in A. D. 87, attacked an army beyond the great wall, with whom he made a favorable peace; Fu Peh, in A. D. 1042, was sent to resist the Kitans, who had occupied districts south of the wall, and made them retire; and Hung Hau, in A. D. 1143, returned to Hangow from an embassy to Mongolia.

No. 2.

Sir Rutherford Alcock to Prince Kung,

PEKIN, November 9, 1868. SIR: As arranged in our interview this afternoon, I have the honor to forward the Chinese text of the communication which I made verbally to your imperial highness and the ministers of the Yamêu.

The object for which I sought a personal interview is so important, and the interests dependent on the decision that may ultimately be taken in reference to the measures proposed are of such magnitude, that I deem it essential the exact tenor of the observations and statements exchanged to-day on both sides should be on record. It will further serve to prevent any uncertainty or misapprehension by giving your imperial highness an opportunity of correcting any erroneous impressions I may have carried away from what passed in conversation.

Mr. Adkins, acting as interpreter, gave as closely as possible the purport of the inclosed memorandum, and various observations were made upon the several subjects referred to in the nineteen paragraphs, both during the interpretation and subsequently by your imperial highness and other members of the board.

As I understood these, the general purport was to the following effect: the Yamên expressed a desire for progress in so far as it might be in their opinion practicable and safe, keeping in view the present state of the country, but they claimed to be the sole judges both as to the measures to be adopted, the mode of execution, and the time for their introduction. It was contended that there were very serious difficulties to be encountered in the path of progress, and in any measures involving change from old established customs and principles, and nothing sudden could be ventured upon. China had national interests at stake which must be fully considered before any innovations could be made, and foreign powers must see the necessity of this, and consent to wait until the time should arrive when the way could be more clearly seen to a good end. The object of the Chinese mission was to represent these things to the treaty powers, and as for any articles of a treaty Mr. Burlingame may have signed they had not yet received the Chinese text, but as plenipotentiary he had no authority to bind the Chinese government by anything he might do without the ratification of the Emperor. In answer to this, I observed such was the well-understood rule in all the relations of foreign powers. No minister could bind his government by any act not subsequently ratified by the government. But as to the necessity for waiting indefinitely until the Chinese government saw their way more clearly, I called attention to the fact that it was fast approaching ten years since the treaty of Tien-tsin was signed; that during the whole of this period there had been a manifest want of execution in many of the most important clauses, and her Majesty's government thought the time had arrived for removing the causes of this all but total failure; and more especially the obstructions created by the provincial officials, and fatal to the development of commerce in the interior, for which object mainly the treaty was entered into by Great Britain. These obstructions could not be removed without greater facilities for inland navigation and residence than had heretofore been allowed, and the effective working of coal mines under foreign supervision, with all the arts and appliances of European science. Hence my insistence on these points. For if the Chinese government claimed the right to take their own way and choose their own time as to any correction of abuses, progress, or material improvements, foreign powers had a still more undoubted right to insist upon the faithful execution of treaties without any delay whatever, and that from the first day. And the time had now arrived in my opinion when no more delay ought to be suffered to take place.

Your imperial highness I think interposed to say it was not part of the obligations of treaties for the Chinese government to take any one of these steps I had urged, to which I replied that these particular measures were not specified in any of the treaties, but in all it was expressly stipulated that trade should be allowed in the interior, exempt from obstructions from the authorities, and illegal exactions. It was enough, therefore, to show by the experience of the last eight years that there had been a failure of execution in these particulars, and that nothing short of the measures indicated could lead to any better result to give a right to any foreign power, seriously damaged in its commercial interests, to insist upon their adoption, not because they were enumerated in the treaties, but as the essential condition of the more faithful observance of treaty rights and stipulations. The right to trade in the interior, like all other rights, carries with it whatever may be necessary to its fair and full enjoyment. The first of these necessary conditions is ready access to the interior; the second, freedom from vexatious interference, and taxation contrary to treaty; and the third, such accommodation for persons and goods as may render trade in any large sense possible. To deny these is to nullify the treaty, and to defeat its most important object.

In improvement and progress, so far as those were in the interest of China alone, the Emperor might claim an exclusive voice, but in measures needful to the execution

of treaties, China no longer stood alone, and must of necessity adopt them, if disposed to act in good faith, and avert reclamation.

The American minister, having been present at this conference, took part also in the discussion, and no doubt will himself place on record the observations he offered for the consideration of the Yamên.

I will merely recall to your imperial highness's memory one or two leading points as bearing more especially on the preceding. Having been appealed to on the subject of the Chinese mission and the declaration made by Mr. Burlingame, as the chief, when in the United States, he bore distinct testimony to the general accuracy of the statement contained in the fourteenth paragraph, and further added that great disappointment would be felt by the Government and people of the United States if nothing decidedly progressive were to result from the negotiations on the approaching revision of the British treaty. He reminded your imperial highness that some 60,000 Chinese subjects were residing in California, with full liberty to work and to trade wherever they pleased, whether in mines or towns, and that they had all the privileges the most-favored-nations clause could give, and equality of rights and treatment demanded reciprocity in China. Your imperial highness remarked in reply, that those Chinese were no doubt subject to given laws and jurisdiction, and if American citizens were equally subject in China to Chinese laws, they might have all the privileges of Chinese subjects also.

The American minister observed in answer that the difficulty here lay in the fact that there was no code of laws in China which could be accepted by western states, but as soon as a written code should be in existence, based on the same general principles as those constituting the law with minor modifications of the western world, the difficulty would cease. In the mean time the right to travel, to trade, and to reside as the consequence of the former, existed by treaties, though under different conditions in the two countries, and could not be refused.

Some further observations followed on my part, but as these were interrupted and left incomplete from the sudden indisposition of one of the ministers, I beg leave to state here in a more complete and connected form the remarks with which I intended to conclude.

Your imperial highness had remarked that careful consideration was needful; for, of many demands made, some were disadvantageous to Chinese interests, and could not on that account be accepted; others again would be a benefit to neither if acceded to, and for that reason ought not to be granted.

I wished, in answer to this general argument, to lay before your imperial highness strong reasons that existed for concluding that in matters of commerce the interests of China and foreign nations are identical, and what was really beneficial to the one could not be injurious to the other. Moreover, that Great Britain had not only preponderating interest in asking nothing which could inflict injury on China, but had, by deeds during the last eight years better than by words, shown unmistakably the earnest desire of her Majesty's government to uphold the present rulers of China, and preserve the nation from falling into anarchy. Nearly all the treaty ports had, at some time or other, either been saved from falling into the hands of insurgents or recovered from them, chiefly by the aid of British forces. That, if it is said, in freely spending blood and treasure in the work, we were at the same time but protecting our own interests or the interests of trade in general, it may be quite true, but the argument only goes to prove the truth of my previous statement, that British and Chinese interests, where trade is concerned, are mutually dependent, and, to a great degree, identical. What permanently injures the one is a no less certain injury to the other. The British nation would, therefore, in their own interest, be the last to claim of the Chinese government concessions calculated to inflict an injury on the native population and trade, or even to weaken the power of the present government to maintain order and peace throughout the empire. It would be enough to show that either of these results must inevitably follow the measures now proposed to deter the British government from insisting upon their adoption. On the other hand, if this has not and cannot be shown, while it is easy to demonstrate that, without increased facilities of transport into the interior and for the storage of goods than has hitherto been conceded, no extension of foreign trade into the interior is practicable; and without effective measures for the removal of obstructions and exactions, persistently insisted upon by the provincial and local authorities, no free development of that trade is possible, as the experience of the last eight years has shown what can the refusal to adopt such measures be held to indicate but a determination to persevere in a course which amounts to a nullification of the treaty in its most important object, which, it cannot be too often repeated, was the protection and extension of trade throughout the empire. No foreign power, with large interests at stake, can be expected to submit patiently or indefinitely to so flagrant a wrong in violation of a treaty which was the last result of a costly war. If a nation incur all the expense in life and money of a great war 14,000 miles from their own coast to defend their interests and protect their commerce, it is impossible to suppose it will see that object entirely defeated by failure of execution in

the treaty stipulations, which were the price of peace. If, as your imperial highness would seem to contend, the treaty of Tien-tsin does not stipulate for such measures as these now proposed, seeing that no trade in the interior can prosper without them, all that can be said in reply is, that were this to be admitted by her Majesty's government it would only afford an additional reason for claiming such revision as should supply the deficiency.

But I still hope your imperial highness and the ministers of the Yamên, collectively, will see that the time has arrived for removing all just cause of complaint and placing the trading relations of British subjects in the interior on the footing of security and immunity from illegal taxation and obstruction, without which the treaty itself becomes a dead letter.

This day eight years ago Lord Elgin and the army that accompanied him left the gates of Pekin after having secured the ratification of the treaty of Tien-tsin, and, in negotiation with your imperial highness, a further convention, that, in the terms of your proclamation then issued, "Hereafter the weapons of war may forever be laid aside, and all should join together in the work of promoting peace." In that work of peace, and by peaceable means alone, we are now engaged in such revision as may tend to remove abuses and restrictions on trade clearly contrary to the spirit of the treaty then ratified and confirmed at Pekin, and I will not allow myself to think that there can be any ultimate failure, whatever difficulties may have been experienced hitherto in coming to a mutual understanding on the important subjects under discussion.

His Imperial Highness the PRINCE OF KUNG, &c.

RUTHERFORD ALCOCK.

No. 3.

Heads of a communication made by Sir Rutherford Alcock to the Yamén, November 9, 1868.

The British minister has asked for this interview to assure himself that the prince and ministers of the foreign board clearly comprehend the present position of affairs as regards the proposed measures for the better execution of the treaty and the approaching period for a revision.

1. All the measures hitherto proposed by the British minister have been measures essential to correct well ascertained abuses and insure the execution of existing treaties. 2. These measures, if not according to the letter, are entirely in the spirit of the treaties, and, if refused, it will impose upon her Majesty's government the necessity of determining, without delay, what further steps may be fitting to arrest their indisputable right to a full and perfect execution of all the treaty stipulations. For ten years past there has been a total failure in respect to many essential articles. Whether singly or in concert with other treaty powers, all of which have the same grounds for action, the Yamên may rest assured action will be taken. Her Majesty's government will not accept such a decision as a final solution of the questions now under discussion, or submit to a continuance of wrong from a persistent failure of execution of the treaty for so many years.

3. It was to avoid this necessity and to conciliate all interests that the British minister suggested a Chinese commission to investigate and discuss the proper steps to be taken. To give effect to these deliberations he has subsequently entered into direct negotiations with the Yamên, hoping to convince them that he had demanded nothing which could be rightly refused; nothing that was not both reasonable and practicable, as well as consistent with the best interests of China.

4. So far it appears he has but partially succeeded, and he has determined, therefore, on this last effort, face to face, to demonstrate the necessity as well as the advantage of concession, and the danger of breaking off all further negotiations with an unsatisfactory result.

5. On many questions, and some very important ones, they have happily come to an agreement. Measures have been devised to remedy the great abuses in the levy of transit and other dues upon foreign trade; and the Yamen have equally agreed to take steps for the formation of a code of written laws and fixed rules of procedure preparatory to the establishment of mixed courts for the trial of all cases between foreigners and natives.

6. These measures are calculated to effect two great objects: The removal of grievous injuries continually inflicted on foreign trade, and the subject of complaint and demands for redress which are a constant source of danger to the government that permits them; and justice to foreigners and Chinese alike when they are at variance, thus preparing a way for the modification of ex-territorial rights and free intercourse in the interior on equal terms.

7. But in order to give these measures full effect, and to carry them out in any com

pleteness and good faith, certain other conditions are essential. The foreign merchant must be able to follow his goods; carry them, if he will, in his own boats, and hire depots for their safe storage wherever great trading centers make it desirable. Hence the British minister proposed facilities for inland navigation, and the right of renting houses or godowns in the interior, under such rules and restrictions as might be found expedient.

8. The Yamên have so far admitted the necessity for these facilities that they consent to the merchants using their own boats, if propelled by oars or sails, and to their residing temporarily in the inns; but they refuse any right to rent houses or depots, and will not consent to a few steam-tugs navigating the Poyang Lake, exclusively to facilitate the foreign trade with the tea districts.

9. The British minister has now to state distinctly that, without both these points be conceded, nothing effective will have been done to carry out the treaty in its integrity or to obtain its principal object, which was to enable foreign merchants to carry their trade into the interior, free from illegal imposts or vexatious distinctions and delays. To relieve them of these and other impediments, due to the bad faith and corruption of the provincial officers at the various stations, is not possible if such facilities are refused.

10. The merchant must follow his goods to secure them from spoliation and his agents from the extremity of ill treatment, such as has quite recently occurred at Chen-chiang-pu, when the shroffs and others in the employment of British merchants have been beaten and tortured until they consented to a false declaration, to the prejudice of their employers.

11. Finally, the working of mines-those of coal more especially-by foreign engineering science and machinery has been waged as essential to facilitate the steamer traffic, both on the coast and on the Yangtse, but no less advantageous to the Chinese people and the government, which both employ or possess a large number of steamers. To this conditional assent has been given, but, as in the matter of inland residence and navigation, it has been so framed as to deprive it of all practical value.

12. These are vital points. On the favorable or adverse decision respecting them entirely depends the result of the present negotiations. If the Yamên persist in refusal, the British minister must repeat, as his final rejoinder, that effective remedy will have been provided for the abuses and violations of treaties, both in their letter and spirit, which have been too long permitted to harass the foreign merchant and prevent all free development of trade.

13. Before coming to this conclusion, the British minister trusts very earnestly that the Yamên will take the following certain results into consideration, in addition to all that has been already set forth:

14. The Chinese government has sent a mission to all the treaty powers. Their envoy has declared in the United States that this mission meant progress. It was on this understanding that the mission met with so cordial a reception in America, from both Government and people. It was on the faith of this promise of progress that the United States Government appears to have entered into an additional convention, declaring their desire to respect the independence and integrity of the Chinese empire, and to abstain from all undue pressure for sudden and great innovations. If there be any doubt in the minds of the ministers as to the correctness of these statements, let them ask the newly arrived representative of the United States, who was still in his own country when Mr. Burlingame arrived and the additional articles were signed. 15. No clearer evidence could be afforded to the Government and people of the United States that they have been misled and altogether deceived by the declaration that the mission meant progress, than the present action of the Yamên supplies. A refusal now on the part of the Yamên to grant these facilities, without which the treaties cannot be made effective, or carried into execution in their most important stipulations, cannot fail to bring the mission of the government into disrepute. Not progress, but a resolute denial of all that constitutes either progress or improvement, in furtherance of a stationary or retrograde policy, will be plainly seen to be the end contemplated.

16. That the Yamên considered what would be the natural and inevitable result of such a conviction once it is entertained by the cabinets of Europe. A refusal to listen to their envoy who attaches any faith to his representation will be the first of these. They will see that while he has been sent forth to talk in the name of the Emperor of progress to the several treaty powers of the western world, the government here have determined to resist all efforts to vindicate them, to move even within the narrowest limits, or to advance a step, and declared, by acts more significant than words, their resolution to stand fast in the old way of passive resistance to every argument in favor of progress, whether rapid or slow, improvements however gradual. They will see that nothing more is to be hoped from negotiations dictated by a spirit of peace and good will toward China; and that if execution is to be obtained for existing treaties, it must be secured by other means and arguments than those hitherto resorted to by their representatives.