No. 19.] Mr. Williams to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your despatch No. 151, in which you direct me to convey to Prince Kung and the members of the Foreign Office the satisfaction of the President at the very just, liberal, and friendly sentiments expressed by them to Mr. Burlingame, and for their courtesy to him at his departure. I took an early opportunity to make a close translation of your letter for the Prince, and now subjoin his reply. I have no reason to doubt the expression of his desire to perpetuate amicable relations with the United States, for I believe the Chinese government is trying to pursue a peaceful policy in all its foreign relations. It has experienced the evils of foreign war, and has every reason to avoid their recurrence; and the pacification of the provinces is now progressing so favorably that general peace and prosperity bid fair to be restored throughout the country. The influence of the party represented in the foreign office appears to be increasing; and that bureau will probably ere long possess a separate existence among the departments of the government. In a recent despatch I mentioned the appointment of the distinguished geog rapher, Seu Ki-yu, to a place in it. This has given much satisfaction to all the foreign ministers, though his age and infirmities will prevent his taking an active part in the duties of the post. A few days after his being gazetted I waived the usual formality and called on him first, in order to express my grat ification at his appointment. His first question was, "Are you a countryman of Washington?" He inquired after Dr. Abeel, though twenty years had elapsed since he saw him in Amoy, and referred to his kindness and patience in explaining and marking maps for him and translating geographical informa tion, in a manner that showed a vigorous memory, as well as the sense of the obligations he was under for the assistance. He had not seen a foreigner since 1851, and made many inquiries respecting the United States and other coun tries. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. Chargé d'Affaires. Prince Kung to Mr. Williams. [Translation.] DECEMBER 21, 1865, (Tungchi, 4th year, 11th moon, 4th day.) Prince Kung, Chief Secretary of State for foreign affairs, herewith makes a reply: I have the honor to acknowledge your excellency's despatch of the 13th instant, in which yon inform me that you have been honored with the commands of your government to make known to me that Mr. Burlingame, on his return to the United States, at an audience with the President, had mentioned to him that when he left Peking the high Chinese officers came to the legation to bid him farewell; and that during his entire residence there they had treated him with great consideration, of which he retained a pleasing remembrance, &c., &c. The perusal of your communication has given great satisfaction to me and all the members of the foreign office, for we are well aware that when Mr. Burlingame resided in Peking he conducted all affairs that arose in such an amicable spirit that they were all satisfactorily arranged; and since you have succeeded to his duties there has been exhibited the most sincere desire to promote good relations and maintain peace in every question that has arisen. To learn, therefore, that Mr. Burlingame has not altogether forgotten us after his return to his own distant country, affords us the most lively pleasure; while to receive, in addition, the full assurance that the friendly relations now subsisting between the United States and China are increasing and developing, and bid fair to be permanent, is to us a cause of still greater gratification. We limit ourselves to the request that you will convey to the United States government the expression of our sincere appreciation of the remark that the full maintenance of the treaty, in all its provisions, by both nations, will afford evidence that their friendly relations are constantly strengthening, and at the same time communicate our thanks to Mr. Burlingame for his remembrance of us. It is for this purpose that we now reply. His Excellency S. WELLS WILLIAMS, United States Chargé d'Affaires. Mr. Williams to Mr. Seward. No. 20.] LEGATION OF THE UNITED STATES. Peking, January 6, 1866. SIR: I have the honor to acknowledge the receipt of your despatches Nos. 1 and 2. In reference to the directions given in the latter, I only observe that no application for pardon or return to the United States has been made to this legation by any rebel; and so far as I know, there is no American now living in China who has personally aided the rebellion. The foreign community in Shanghai are now engaged in revising the code of municipal regulations under which they have lived during the last ten years, a copy of which is in Mr. McLane's despatch No. 8, pp. 125, 159, &c. They have not yet agreed upon all points, and will forward the amended code to Peking for examination and approval before acting upon it; but even then it will not extend over the entire foreign population there, as the French have a separate council. At present two separate municipal councils manage the affairs and maintain order among the inhabitants dwelling in two conterminous plots of land, known as the foreign settlement. The original dimensions of both these "concessions," as they were first called, have been extended as the foreign population has increased, and great numbers of natives also live within their limits. The desirableness of doing away with the name and existence of separate foreign concessions in China is now generally admitted; and nowhere more than at Shanghai, where such great interests are involved, is general harmony of administration important. I am happy to inform you that the new British minister, Sir Rutherford Alcock, expresses his desire to carry out the same co-operative policy which has been already agreed upon and fully explained by Mr. Burlingame. (Despatches Nos. 37, 42, 69, 79, and 83.) Sir Rutherford Alcock's official life of twenty years in China and Japan has given him large experience; and he specially now desires to see the Shanghai community extricated from all its difficulties. All minor points of dispute could be adjusted if the two settlements were merged in one, and the interests of each nation adequately represented in one general municipality. He met a deputation of the residents on his way north, and learned their views upon the proposed changes in the code of regulations. In order to carry them into effect, and if possible to consolidate the municipal arrangements, he has suggested to his own government the desirableness of putting itself in communication with those of France and the United States, in order to come to an agreement on this question of local jurisdiction, and do away with the semblance of territorial authority. I told him that I cordially concurred in the suggestion, and would advise you immediately of the proposal. It appears to me to be an excellent plan, and I hope that you will find it practicable. The object is a very important one, and this seems to be the likeliest mode of attaining it; while the time is peculiarly favorable owing to the presence in Paris of Mr. Berthemy, (now home on leave from Peking,) and of Mr. Burlingame and Sir F. Bruce in the United States. I would therefore respectfully urge it upon your attention. If the principle be settled in regard to Shanghai, every other community like that in China and Japan will no doubt regulate itself on the same basis. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. S. WELLS WILLIAMS, Mr. Seward to Mr. Burlingame. Chargé d'Affaires. No. 159.] DEPARTMENT OF STATE, Washington, January 29, 1866. SIR: I enclose for your information a copy of Mr. Adams's despatch,* No. 1126, of the 4th of January, and its accompaniments, relative to the disposition of the Osborne flotilla, it being a reply to my instructions to him upon that subject, in compliance with your suggestion. I am, sir, your obedient servant, ANSON BURLINGAME, Esq., &c., &c., &c. WILLIAM H. SEWARD. Mr. Williams to Mr. Seward. [Extract.] No. 23] LEGATION OF THE UNITED States, * * SIR: I have just been informed by Mr. Vlangaly, the Russian minister, that the Chinese government has extended to Russian ships trading between its open ports and the Russian possessions on the Amoor the same privileges in respect to the payment of tonnage dues that have been granted to vessels trading to Japan and Saigon, as mentioned in my despatch (No. 8) of October 5, 1865. The same privilege enures to American as well as other vessels trading between China and the Amoor. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. No. 23.] Mr. F. W. Seward to Mr. Williams. DEPARTMENT OF STATE, Washington, February 21, 1866. SIR: I transmit a copy of a note of the 16th instant, from the Hon. Sir F. W. A. Bruce, the British minister accredited to this government, proposing co-operative measures for the suppression of piracy in Chinese waters. * For enclosure see correspondence with Great Britain. + For enclosure see correspondence with the British legation. You are expected to lend your ready co-operation in all temperate and proper representations on the part of the representatives of her Majesty's government, and those of other western powers in China, to induce the Chinese authorities to fulfil their obligations in that respect. The honorable the Secretary of the Navy will instruct the naval officer in command of the United States squadron to confer with yourself, and with the officer in command of her Britannic Majesty's naval forces in that quarter, with the view to the adoption of such measures as may in your judgment, and that of our chief naval officer, be consistent with our relations to all of the parties concerned. Washington, February 24, 1866. SIR: I transmit to you a copy of a note of the 21st instant, which has been addressed to this department by Mr. De Figaniere é Morao, the diplomatic representative of Portugal, accredited to this government, who has been directed by his government to ask the co-operation of the United States minister at Peking, with that of the Portuguese minister at that place, in bringing to a satisfactory conclusion any negotiations now pending or which may arise between Portugal and China. You are accordingly instructed to lend such assistance as may be in your power, in order to accomplish the desired result. I am, sir, your obedient servant, S. WELLS WILLIAMS, Esq., &c., &c., &c. F. W. SEWARD, Acting Secretary. [Translation.] HIS MOST FAITHFUL MAJESTY'S LEGATION, In Charlestown, Massachusetts, February 21, 1866. SIR: I am directed by his Majesty's government to have the honor to inform you that untoward circumstances have hitherto prevented the exchange of the ratifications of the treaty negotiated and signed at Tien-Sing, on the 13th of August, 1862, between Portugal and China; that being fully aware of the efficiency of the influence and good offices of the American minister at Peking to bring that negotiation, or any other that supervening circumstances might require, to a satisfactory conclusion; and that gratefully remembering the services rendered and acknowledged on a like occasion by minister Townsend Harris, at Yeddo, Japan, his Majesty's government does not hesitate to apply to the United States government and request it would be pleased so to instruct its said minister in Peking, that, with the assurance of his effective assistance, the minister of Portugal in that empire may prosecute the negotiations intrusted to him with the persistency required in diplomatic dealings with the Chinese government. I shall be happy, sir, to assure my government that its request has had a favorable response, and beg you to accept the renewed assurances of my great consideration. DE FIGANIERE É MORAO. Mr. Burlingame to Mr. Seward. NEW YORK, February 28, 1866. No. 117.] SIR Agreeably to your request, I send, on leaving, a brief memorandum of suggestions relating to China. I hope you will see that Consul General Seward's letter to me, now with Mr. Chew, shall receive due consideration; that the college bill, so important, now in Mr. Raymond's hands, shall not be forgotten; that the question of a legation presented in my despatch No. 25 may go to Congress; that your wise suggestion, that a war vessel shall be tendered to the first representative sent by the Chinese to this government shall have fruition; and that a sufficient force may be sent to the Chinese waters to perform our part in suppressing piracy. One flag-ship of large tonnage, with five swift vessels like the "Winooski," should, in my judgment, be placed at once on the Chinese station. This force will be small as compared with that of France and Great Britain. I beg you to request that officers of the highest standing may be sent to command them-men who will at all times be regardful of the rights and feelings of the Chinese, and who will understand the co-operative policy which is a substitution of fair diplomatic action for force. That you may see what questions are submitted to me, I send (marked A) those of Mr. Heard, as answered by Mr. Dexter, a reputable lawyer of Boston, in relation to Chinese emigration. Now the laws of China are against emigration, but if we desire it they may be changed. I have not as yet matured my views on this subject, and only call your attention to it as one likely to require careful consideration in the future, I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. ANSON BURLINGAME. Mr. Dexter to Mr. Heard. BOSTON, January 31, 1866. DEAR SIR: You inquire whether contracts with coolies, to labor for a term of years, can be so made in China by an importer of them to the United States, as to be of substantial assignable value on arrival of the coolies here. The answer to this question depends upon several considerations. 1st. Are such contracts valid under the law of the place where they are made? 2d. If not, are they so far valid under the law of the place of performance as to diminish or remove the importance of the preceding consideration? 3d. How can they be enforced in case of refusal of the coolie to perform them after arrival here ? I. I am not informed as to the laws of China respecting the validity of contracts made by its subjects in contemplation of emigration. I have understood from you that there is reason to suppose emigration to be prohibited by those laws. The general rule of law is, that a contract unlawful where made is void ab initio, and can be enforced nowhere. There are, however, reasons to doubt whether that rule would be applied by our own courts to the matter in question. It is a recognized exception to the latter clause of that rule that a contract lawful where made will not be enforced in another, if injurious to the interests or contrary to the policy of the state in which its enforcement is sought. I see no difference in principle between the application of this exception to the latter or former clause of the rule. It is the settled policy of the United States to encourage emigration, as beneficent and important to the interests of the country, and I think that if the courts should be satisfied of the illegality of emigration by Chinese law, they would find little difficulty in deciding that the interest of their own country is of paramount importance, and that the legality of such contracts should depend upon the law of the place of performance. The practice of abiding by the laws of the place of contracting, in construing the contract or ascertaining its legality, is founded on the comity of civilized nations, and it seems improbable that the |