No. 33.] Mr. Seward to Mr. Williams. DEPARTMENT OF STATE, SIR: Your despatch of the 12th of April last, No. 30, in regard to the desecration of the American cemetery at Tangchau, has been received. I will thank you to inform me what is the custom of guarding foreign cemeteries in China; whether the government charges itself with the duty, or is it assumed by foreign residents, or their consuls. You may make inquiries, and send me a careful report upon the whole subject. I am, sir, your obedient servant, S. WELLS WILLIAMS, Esq., &c., &c., &c. WILLIAM H. SEWARD. No. 36.] Mr. Williams to Mr. Seward. LEGATION OF the United STATES, SIR: I have the honor to acknowledge the receipt of your despatches Nos. 29. 30, and 31; and in reference to the last, which alludes to a joint proposition of the foreign ministers in Peking for some kind of simultaneous action on the question of a common municipality at Shanghai, I have now to send you several important papers, showing what the French government has done by itself, after the reception of the proposal, in respect to the government of the quarter commonly known as the French concession. The first document (enclosure A) is a set of réglements d'organization, issued by the French consul-general, to go into effect on September 1st proximo; the second (enclosure B) is a joint letter from the American and British consuls at Shanghai, requesting him to delay their publication; to which Viscount de Montmorand replies, (enclosure C,) giving the reasons why he cannot do so. To this Mr. Seward replies, (enclosure D,) reserving the obedience of citizens of the United States to regulations in whose formation they had had no voice. The moderate and judicious letter of Mr. Seward to me, (enclosure E,) when forwarding the above correspondence, and my reply, (enclosure F,) when sending a form of protest, (enclosure G,) complete the series of documents, except a short note to him (enclosure H) giving the reasons for suspending the publication of the protest at present. The perusal of these enclosures will furnish you with all the serious objections which have been urged against the réglements, and I will only add some explanatory remarks upon them. It should be stated that M. de Bellonet, the French chargé d'affaires, recommended a fusion of the entire foreign settlement under one municipality; but his plan was overruled, and these réglements, I am informed, were principally devised by a committee in Paris, consisting of Baron Gros, Mr. Berthemy, and Admirals Juares and Gravien, all of whom have been in China. The characteristic feature of French rule, great centralization, is apparent in every article, and, indeed, one is a little puzzled, after reading them over, to know what the consul cannot, and what the council can do, for the former is everything, and without him the latter is nothing. He convokes it when he likes, suspends or dissolves it if he pleases, and then nominates a provisional council for three or six months, which seems likely to be seldom needed, however, for he can veto or suspend every act it passes, until he reports to the French minister at Peking; and, finally, the police is placed under his sole control. The contrast exhibited between the spirit of these regulations, and those in force across the creek that separates the two settlements, remarkably illustrates the different political education of continental Europe and America; but perhaps the autocratic principle may be found to work in practice as well as the democratic, in preserving the peace, and promoting the welfare of a very miscellaneous population. The franchise is widest in the French settlement; but in fact, one based on a payment of $30 in taxes or on an annual income of $1,000, as in the other, would have disfranchised so many residents that the voters would have felt that they did not represent the community. The limits of the quarter included under the réglements are not defined; they are, however, much larger than when the land regulations were issued in 1854, and have been extended so as to include the houses and lots of several American citizens, who originally had no idea of coming under French cognizance. These were all requested to register themselves as members of the quarter, and take out new bills of sale of their land, sealed with the French consular seal. Some of them have done so, others have declined. In one case of the latter, the old municipal council, without consulting the occupants, erected a police station on the river bank in front of the lot, which completely destroyed the frontage; their repeated protests against this act brought them no redress, and the authorities. there have hitherto persistently refused to compensate the missionaries who owned the lot for this injury. The ninth clause of Article IX of the réglements provides for such a case, and it is to be hoped that this long-pending case can be equitably settled. It is premature to express an opinion as to their working among such a heterogeneous community as are nominally living under the control of the French consul-general at Shanghai, for the whole depends upon the personal character of this functionary. I suppose that nine-tenths of the inhabitants are Chinese, and only one-fourth of the rest are Frenchmen, the remainder consisting chiefly of Europeans and Asiatics; but I cannot state the total population. The Chinese, who furnish most of the taxes and industry, are only allowed a consulting voice if the council please. By Article XII the council can pursue at law all who refuse to pay their assessment; and Article XIV enables them to cite the recusants before the consular tribunal; if the party be a foreigner, he is then to be sent to his own consul. Supposing that consul decides for the defendants, the other party may resort to a writ of ejectment, which may produce an appeal to force if there is a man-of-war in the harbor of either of the parties. No such collision has previously occurred, for there has heretofore been a kind of popular municipality in that quarter; but last year the consul-general dismissed it as refractory, and has since managed affairs nearly alone. The French government disclaims all intention to encroach on the rights of other nationalities, but one must be permitted to doubt whether such a system of government as is here drawn up will work harmoniously in the midst of those nationalities, and alongside of a free and effective municipal consular jurisdiction. The problem will be an interesting one, if it does not become hazardous or dangerous. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, S. WELLS WILLIAMS. Secretary of State, Washington, D. C. Chargé d'Affaires. P. S.-It should be stated that, although the Russian and Prussian ministers agreed to the principles stated in the protest, they wished to obtain some legal opinions upon the questions involved before issuing it. S. W. W. A. Mr. Williams to Mr. G. F. Seward. [Translation.] Regulations for the municipal organization of the French concession at Shanghai. We, the consul general of France at Shanghai, in virtue of instructions received from his excellency the minister of foreign affairs of his Majesty the Emperor of the French, publish the following dispositions to be in force from the first of September next, unless some circumance, measure, or order between now and then oblige the consul general to execute them sooner: ARTICLE. 1. The municipal body of the French concession at Shanghai is composed of the consul general of France, and of eight municipal counsellors, four of which are French and four foreign, all to be chosen by election. The municipal counsellors are chosen for two years; they are renewed by half every year. During the session after the first election the order of renewal shall be determined by lot. The places of counsellors who die or resign are filled at the same time as those whose time has expired. ART. 2. All Frenchmen and foreigners of twenty-one years of age are electors under the following conditions: 1. Those owning real property with a good title within the limits of the concession. 2. Those renting land in the concession, and paying an annual rent of one thousand francs at least. 3. Those living in the concession over three months, with an annual revenue of four thou sand francs. ART. 3. The consul general makes out the electoral list, revises it annually, and convokes the assembly of electors. The electoral operations are verified by the municipal council. ART. 4. Every voter of twenty-five is eligible 1. If he owns land in the concession that pays two hundred and forty francs yearly tax. 2. If he pays a yearly rent of four thousand francs at least in the concession. 3. If he lives in the concession, and can prove a yearly revenue of ten thousand franes. Municipal officers whose time expires can be re-elected. ART. 5. The ballot is secret. The vote is by list. Each list must comprise an equal number of French and foreign residents. The French residents who have a majority of votes make a part of the municipal council. Candidates of other countries who get the greatest number of votes shall also be members of the council. One or more Chinese notables, or chiefs of corporations, designated by the consul general and the Taotaê, may be admitted in consultation if the council consents to it. ART. 6. The council will not assemble until called together by the consul general. It may be convened whenever half the members petition it in writing. The consul general may convene it whenever he thinks it necessary. ART. 7. The consul general has a right to preside over the council. The other officers shall consist of a vice-president and a treasurer, chosen by the council every year from its members. Deliberations are decided by a majority. In case of a tie the president decides. ART. 8. The consul general has the right to suspend or dissolve the municipal council, but must give his reasons for it to his excellency the minister of foreign affairs and to the representative of the Emperor at Peking. The suspension must not exceed three months. In case of dissolution the electoral assembly must be convoked in six months from the time of the dissolution. In the mean time a provisional commission, formed by the consul general, takes the place of the municipal council. ART. 9. The municipal council shall discuss the following subjects: 1. The municipal budget of receipts and expenses. 2. The tariff for collecting the municipal revenues. 3. The regulation of dues among the tax-payers. 4. Petitions for exemption or reduction of tax. 5. The mode of collecting the tax. 6. The purchases, sales, exchange, and location of municipal property. 7. Opening streets and public squares, building wharves, piers, bridges, canals, straightening of streets, location of halls, markets, slaughter-houses, and burial-places. 8. Labors to promote health, and work on roads. 9. Seizure for public use. A committee composed of the consul of the person whose property is seized and the consul general of France shall fix the indemnity due to the persons whose property has been taken. In case of disagreement between the two consuls, one of their colleagues shall decide. The proceedings to be confirmed by the consuls at Shanghai deciding between the municipal council and the landed proprietor or tax-payer in the French concession. 10. Regulations concerning roads and the public health. 11. And upon all other subjects to which the attention of the council is called by the consul general. ART. 10. The deliberations of the municipal council are not in force until signed by the consul general. The consul general must execute every deliberation of subjects in para graphs one to six of the preceding article within eight days. The consul general may refuse to execute a deliberation of the municipal council on the subjects enumerated in paragraphs eight to eleven of the preceding article, provided it be confirmed by the minister of France in Peking, who must be consulted without delay. The execution of the deliberation is suspended until an answer is received from the legation. ART. 11. The sessions of the municipal council may be public, and the debates in secret session may be published according to special decisions of the council, approved by the consul general. Sessions in which the council fixes the annual budget of receipts and expenses must always be public, unless a majority of the council oppose it. ART. 12. The municipal council has charge of highways, water distribution, lighting the streets, municipal property, execution of works of public utility, fixing the tax lists, and collection of the municipal revenues. It will also prosecute delinquent tax-payers. The council elects its secretary. It also appoints all employés in the municipal service, and suspends or revokes their commissions. ART. 13. The consul general is charged with the preservation of order and public safety in the limits of the concession. It has charge of the police force, the expenses of which are paid by the municipality. It appoints their agents, suspends or revokes their commissions. ART. 14. Violations of road regulations are tried by a delegate of the municipal council, with appeal to the consul general. Violations of police regulations are judged by the consul general or one of his officers. In case of prosecution for non-payment of taxes the municipal receiver summons the delinquent before the consular court. ART. 15. If the person tried for one of the three causes mentioned is not a Frenchman, and objects to the competency, of the judges, he must be sent before the judges of his nation. ART. 16. No foreigner can be arrested within the limits of the concession by order of a judge or foreign court without permission from the consul general of France or one of his agents. ART. 17. The consul general, when he thinks proper, and after consulting the municipal council, may call an extra assembly of the electors, and even all the French and foreigners, who have no vote in the concession, to get their opinion on questions of general interest to be submitted to them. ART. 18. In case of the absence of the consul general, or a vacancy in his office, all the powers and prerogatives conferred upon the consul general by the present regulations shall devolve upon the agent of the consulate. NOTE. After consulting the municipal committee and the principal members of the community, the consul general reserves the right to make any changes in these regulations he may deem necessary to the interest of the community and compatible with his responsibility to his government. By the 25th of this month the electoral lists shall be made out and deposited in the mayor's office, where they shall be verified by the municipal committee. They shall then be made public and the electors shall have until the 10th of August, 1866, to make their remonstrances or present their titles, by virtue of which they may vote or be candidates. These titles and reclamations shall be examined by the municipal committee, to which the claimants shall make application. The time for holding the elections, and the details concerning the mode of voting, and the nomination of municipal counsellors, shall be made known hereafter. B. Mr. Winchester et al. to Vic. De Montmorand. [Translation.] SHANGHAI, July 9, 1866. DEAR SIR AND COLLEAGUE: We have had before us, and considered in a general manner, the regulations which you have received from the government at Paris, with instructions to publish them. We foresee many difficulties in making these regulations applicable to persons not French subjects who may be resident within the limits to which they refer. So far as regards Eng. lishmen and Americans, any rules, to be obligatory, must be made or enacted by their own authorities, as is provided by the two governments Until they have been ratified in the proper quarters we can take, therefore, no steps to aid in enforcing them. We particularly note that the 14th article is open to grave objections, since it materially restricts the exercise of the absolute exterritorial jurisdiction which has been conceded to our respective governments by that of China. We believe, moreover, that the tenor of the regulations will not fail to give rise to the impression that it is the intention of the government of France to assume territorial dominion in China, an intimation which we do not in the least attribute to it, because it is directly opposed to the policy of co-operation which has heretofore received the sanction of the several governments. Considering that it cannot be the desire of the government of France to abridge the privileges of the people of other nations living here, or to give rightful ground to any to believe that it is its intention to assert unusual powers here, and considering that a general desire has been expressed in high quarters for a reference to the several governments concerned, with a view to the delineation of a general basis for the management of municipal matters in Shanghai, we suggest that the publication of the regulations be delayed until information can be had from Peking as to whether the reference referred to has been made. We make this suggestion with the more confidence on account of the difficulty which must exist at a distance in arriving at a clear perception of the extent to which such regulations affect other jurisdictions concerned. We return our thanks for your courtesy in handing us the regulations before publication, thus giving us the opportunity of communicating to you the impressions which the perusal has suggested. We have the honor to be your obedient servants, C. A. WINCHESTER, C. Vic. De Montmorand to Mr. Winchester et al. SHANGHAI, July 10, 1866. MY RESPECTED COLLEAGUES: Your joint letter enclosing the English translation of the new regulations of the municipal organization in the French concession reached me yester day evening. Allow me to make a few hasty remarks on its contents. In the first place, I cannot expect my honorable colleague from America to aid me in enforcing these regulations against his countrymen, when he could not do it with the land regulations in force in the English concession; for, if my memory is not in default, I think I have heard him say several times he was not authorized to do it in any municipal regula tions. I hope, however, that steps will be taken in Peking, or elsewhere, that will permit you both, as well as myself, to enforce any municipal regulations that are, or may be, established in Shanghai for the benefit of our respective countrymen inhabiting that place. On the other hand, you point out Article XIV as objectionable because you think it restricts your right of ex-territorial jurisdiction in China. But, gentlemen, I really think if you had examined Article XIV or Article XV you would have seen the respect the French government has shown to the jurisdiction of other nations and their consuls at Shanghai. Yet I am happy to see that, though you fear these regulations may give cause to believe the French government intends to extend its territorial dominion in China, you entertain no such idea. You are right in this case, I am sure. In fact, the only intention of the French government is to preserve the rights the Chinese government has granted it in virtue of Article XXII of the treaty signed in 1844 between Mr. Lagrenée and the Chinese govern ment. I can, then, give you the firm assurance that the French government has not the least intention or desire to diminish the privileges of the inhabitants of Shanghai, to whatever nation they may belong, or to claim extraordinary powers in China. I regret, however, in conclusion, that I cannot accede to your wishes in delaying the pub lication of the regulations in question till you hear from Peking on the subject. My orders are positive, and I cannot disobey them. But, from courtesy, and to show you my wish to harmonize with you, I take the responsibility to delay the execution of the regulations till the first of September, instead of carrying them into effect immediately, as I was instructed. I shall not be obliged to enforce them sooner unless the provisional committee resigns, or the landed proprietors undertake the management of affairs in the concession before that time. Please accept the assurance of my most distinguished consideration. VICOMTE BRENIER DE MONTMORAND. D. Mr. G. F. Seward to Vie. De Montmorand. UNITED STATES CONSULATE GENERAL, DEAR SIR AND COLLEAGUE: I have to own the receipt of your letter yesterday, addressed to Dr. Winchester and myself, in reply to our joint note of the 9th instant. I have the concurrence of Dr. Winchester in saying that by a slip of the pen the article to which special objection was taken was erroneously indicated as the 14th, when the 15th was meant. |