Mr. Evarts to Mr. T. A. Os- Aug. 8 No. 70.-The South American war; mission of born.
Dr. Arosemena to tender the inediation of Co- lombia in the direction of peace; while not di- rectly indorsing Dr. Arosemena's mission, this government feels an interest in its result. (See Mr. Dichman's No. 119, of August 2, 1879, p 309.)
Mr. T. A. Osborn to Mr. Ev. Aug. 16 No. 112.-The situation; the war spirit in the as
cendancy; president making and, possibly, pres- ident breaking; the government called upon by Congress for war explanations; rumor of in- tended intervention of the United States; it is short lived, but develops strong public opposi tion. No. 120. The South American war; the peace mission of Dr. Arosemena, the Colombian am- bassador; Mr. Osborn's conversation with him; no results from his proffer of mediation; Dr. Arosemena will soon leave for Peru; Chili con- fident of success in the war; aggressive popu- lar spirit; probable guarantees of future secu- rity to be exacted by Chili if successful; remote prospects of peace in view of the pretensions of both sides; strength of the Chilian forces; enthusiasm over the capture of the Huascar. No. 78.-Foreign built ships owned by Americans abroad; the substance of further instructions to Mr. Christiancy on the subject now sent to Mr. Osborn, to insure entire correspondence be- tween the instructions given to ministers at Lima and Santiago on the subject; the right of Americans to buy foreign built ships abroad is clear, and has been uniformly recognized; pos- sibility of collusion in such transactions does not invalidate this natural right; the flying of the American flag cannot be absolutely prohib ited; if the consul has reason to believe a sale made before him is honest, the flag can be flown as an emblem of the owner's nationality; duties of consuls in the premises to record bill of sale, authenticate its execution, and certify to the owner's citizenship; discretion necessary to determine good faith in the transactions; if fraud, or ground of belief of fraud, appears, the certificate may be refused, but the mere fact of transfer of a foreign vessel to an American is not evidence of bad faith; if a vessel so certi- fied comes within the jurisdiction of another American consul, only the most conclusive evi- dence of fraud would justify the latter in not recognizing the vessel's nationality; caution necessary in such cases; the privileges and im- munities of such foreign built vessels registered in consulates abroad are different from those of regularly registered American vessels; they trade as neutrals, in time of war, at their own risk; duty of the execution to protect legiti- mate American interests as far as practicable; action of one consul or minister should not be reversed by another, except on the strongest proof of mistake or collusion. (See Mr. Evarts' Nos, 65 and 67 to Mr. Osborn, and Nos. 7, 11, and 23 to Mr. Christiancy, and also, dispatches from Chili and Peru, in Foreign Relations, 1879, pages 150, 177, 180, 861, 865, 867, 874, 877, 881, 882, 884, 894.)
No. 83.-The war; destruction of American prop- erty at Talara and at the Lobos Islands by the Chilian fleet; instructed to represent that the United States expect the rights of American citizens under treaties and international law to be respected.
No. 131. The war; Chilian order for the bombard- ment of all defended towns on the Peruvian coast, and destruction of all moles and launches; danger to neutral rights thereby; action of the diplomatic corps; simultaneous notes of protest addressed to the Chilian Government; text of Mr. Osborn's note; the grounds of his remon strance; the coast property of Peru belongs largely to foreign owners, many being Amer- icans.
No. From whom and to whom.
115 Mr. Evarts to Mr. T. A. Os.
Mr. T. A. Osborn to Mr. Ev- Apr. 30
No. 132.-The war; proposed exchange of pris oners of war between Chili and Bolivia; note from the Chilian foreign office, and action of Mr. Osborn thereon. No. 133.-The war; the nitre and guano deposits of the Tarapacá district; probability of Chili's holding them on the conclusion of the war; pub- lic opinion in favor of annexation; difficulties in the way of the Chilian military administra- tion of the occupied nitre district; export duty levied; reduction of exportations in conse quence: the prices of nitre in Europe; Chil- ian control of guano exports; foreign holders of Peruvian bonds permitted by Chilian Gov. ernment to export guano in satisfaction of their primary lien thereon; text of General Villagran's order to that end.
No. 87.-The war; proposed exchange of prisoners between Chili and Bolivia; instructions to be sent to Mr. Adams at La Paz. (See instruction to Mr. Adams of April 19, 1880.) (September 13, 1880, page 78, supra.)
No. 88. The war; approval of Mr. Osborn's pro- test against the order to bombard Peruvian towns and destroy moles, &c. No effort to be spared to restrict the war to collisions of a mil- itary character. (See Mr. Osborn's No. 131, of February 25, 1880, page 125, supra.) No. 89.-Exchange of prisoners between Chili and Bolivia; transmits text of instruction to Mr. Adams, concerning the proposition of Chili. (See instruction No. 3 of April 19, 1880, to Mr. Adams, page 78, ante.)
No. 143.-The war in South America; destruction of property at Talara and at Labos Islands by Chilian navy; Mr. Osborn reports his conclu- sions thereon; the action at Talara unjusti fiable; restrictions on the exportation of niter. Property of British subjects at Lobos and Pa- bellon de Pico destroyed, as a war measure against Peru. Chili likely to maintain her posi- tion respecting Peruvian guano exports. No. 151.-Message of the President to Congress; it relates mainly to war matters; notwithstand- ing the war, the past year has been a prosperous one, as shown by subjoined extracts from the message.
No. 155. The war; efforts of foreign legations in the direction of peace; notably those of France, Italy, and Great Britain; no evidence of any in- tention to dictate terms; European intervention by force not thought of; no speedy termination of the war apparent; public opinion demands Tarapacá, which district Peru is not willing to cede; a new president to be elected in April, 1880; anxiety of the party in power to continue to hold the reins of government; effect of this upon the war policy; strength of the army 25,000 men; the government desires to avoid a campaign against Lima.
Sept. 9 No. 164.-The South-American war; reply of the minister of foreign relations to Mr. Osborn's note of the 21st February; attitude of foreign powers. No. 165.-The war; exchange of prisoners with Bolivia; correspondence thereon with the Chilian foreign office.
CORRESPONDENCE WITH THE CHILIAN LEGATION IN WASHINGTON.
CORRESPONDENCE WITH THE CHILIAN LEGATION IN WASHINGTON-Continued.
No. 482.-Diplomatic action on general grievances; conference of all foreign representatives at Pe- king, September 23; lekin taxes, transit passes; judicial procedure, and official intercourse to be discussed; committees formed. No. 495.-Shanghai harbor rules; Mr. Seward transmits a letter addressed by him to Consul- General Bailey, in relation to the prospect of breaking the dead-lock and having the rules put in operation; memorandum for Mr. Holcombe's guidance in his conference with the Tsung-li Yamên, September 16, 1879, and minute of that conference transmitted to Mr. Bailey. No. 499.-Procedure and extra-territorial rights in mixed cases; report of the judicial subcoin- mittee of the foreign representatives as to the reforms required in mixed procedure, and two memoranda on the subject prepared by Mr. Seward, transmitted. (For text of Mr. Seward's memoranda see appendices 1 and 2 to Mr. Seward's No. 505, page 145 of this volume.) No. 502.-Consular interpreters; representations as to the necessity of increasing the number and salaries of these officers; $2,500 recom- mended for interpreters at Tientsin, Foo-Chow, and Shanghai; one of same grade needed at Canton; inadequacy of the salary, $750, at present paid to the interpreters at the lesser Consulates; the consular service of the United States in China falling behind that of the other western powers; suggested remedies. No. 321-Judicial systems of the United States, Great Britain, and France in China; instructed to report upon.
No. 505.-Procedure and extra-territorial rights in mixed cases; report of the judicial subcom- mittee adopted by the conference of foreign representatives; reports, memoranda, and pro- tocols transmitted: joint note to the Tsung-li Yamên: Mr. Seward reviews the whole sub- ject connectedly in his memoranda. (See Mr. Seward's Nos. 482 and 499, pages 141 and 143 of this volume.)
No. 510.-Commercial grievances; results of the conferences of foreign representatives in this branch of their deliberations; full analysis of the questions involved; the received intent of
existing commercial treaties; the proposals of the Chefoo convention, as to, 1, transit passes, 2, foreign settlements in the open ports, 3, opium traffic, and, 4, transit duties; the position of the Chinese Government; the radical differences between these two positions; provisions of foreign treaties compared; past correspondence reviewed; movement for a general conference on trade and judicial grievances; a statement prepared by Mr. von Brandt; letter of the Shanghai Chamber of Commerce; prospects of the discussion thus inaugurated between the foreign representatives and the Tsung-li Yamên; full appendices of statements, memoranda, protocols, and notes transmitted.
No. 512.-Official intercourse of foreign represen. tatives with native officers; questions discussed in the conferences of foreign representatives. Report of the subcommittee; the same results reached as in the conferences of 1876. Memorandum of Mr. C. Arendt on the subject. Memorandum of Mr. Devèria; protocol of the resolution of the diplomatic conference to address the Chinese government on the matter. No. 523.-General question of foreign grievances as to trade, procedure, and intercourse; reply of the Tsung-li Yamên to the preliminary joint note of the foreign representatives; their readi ness to discuss the questions involved: their position indicated in the Chinese diplomatic circular of 1878. (See enclosure 6 with Mr. Seward's No. 510, p. 177 of this volume.) China invites a discussion of the existing treaties apart from the grievances; action of the foreign represen tatives on the reply of the Tsung-li Yamiên. No. 526.-The lekin tax on opium; representations of the Shanghai Chamber of Commerce, concerning the operations of the Swatow Guild in farming out this tax in the open ports; efforts of trade combinations of native merchants against the interests of the Chinese Government; Consul General Bailey's letter transmitting letter of the Shanghai Chamber of Commerce. No. 530.-Transit-pass rules; local rules framed at Canton without consulting the consulates or the foreign representatives; their objectionable character; the foreign representatives instruct the consuls to refuse assent thereto; Mr. Seward's circular to the United States consuls. No. 531.-The Lew Chew dispute between China and Japan; the Chinese aspect of the question historically considered; the ancient status of Lew Chew as a quasi dependency of China, as opposed to the Japanese claim of domination; mode of investiture of the Lew-Chewan kings by China since 1655; comparison of the relationship of Corea, Lew Chew, Siam, Annam, and Burmah to the Imperial Government of China; resentment of the Chinese at the action of Japanese in reducing Lew Chew to vassalage; the application of the Chinese Government to General Grant to mediate in the question; text of certain historical documents touching the Chinese prerogative of investiture. No. 542.-Outward transit-pass rules; action of 201 the foreign representatives on a report of the German consul at Shanghai on certain rules proposed to be enforced there; adoption of a uniform code of rules by the central government recommended; memorandum of Mr. Brenan of the Britishlegation, communicated to the Tsungli Yamên. No. 44-Shanghai harbor rules; inquiry of the foreign representatives concerning the action of the Chinese Government on the proposal to frame a new code of rules. Mr. Holcombe depured to present the new rules for consideration: text of th new rules; the old rules of 1878 to remain in force in the foreign distiet.
No. 557.-Chung How's case; text of the Imperial decree; résumé of the life and public services of the late ambassador to Russia; occupation of Kuldja by the Russians and the mission of Chung How; description of Kuldja, its politi- cal, social, and geographical aspects; its value to Russia; the situation in the early part of 1879; the object of Chung How's mission the re-occupation of Kuldja by the Chinese; his task no easy one because of Russia's disinclina- tion to relinquish a territory so long held by her; the foreign office believed to have been willing to adhere to Russia's pledge to restore Kuldja to China whenever she should be in a position to re-occupy it, but the military party opposed thereto because of the value of this territory as a base of operations against Kash- garia, should such be projected; the policy of Russia toward China; failure of the two parties to agree; a middle course adopted; China to pay an indemnity of two and a half millions of dollars to Russia; trading privileges accorded to Kussian frontier merchants; the treaty dis- tasteful to China; Chung How considered to have failed in his mission; did he exceed his instructions or was he sacrificed to cover a mis- take of the Yamên? Possible rejection of the treaty by China; probable result of the whole
No. 561.-Judicial procedure in mixed cases; transmitting report of Consul Stahel on the sub- ject of Mr. Seward's memoranda of October 4, 1879, and October 14, 1879, with his No. 505, and on the operation of the existing procedure as between Americans and Chinese. (See Mr. Seward's Nos. 499 and 505 of pages 143 and 145, supra.
No. 563.-Shanghai harbor rules; note of Prince Kung to the foreign representatives, promising immediate enforcement of the rules of 1878 for the neighborhood of the foreign settlements and of the new rules above the settlements; the ar- rangement deemed satisfactory; comments of Mr. Seward; correspondence transmitted.
Jan. 20 No. 564.-Shanghai harbor rules; the foreign rep- resentatives accept the arrangement proposed by Prince Kung; the foreign consuls at Shang- hai instructed accordingly.
146 Mr. Evarts to Mr. G. F. Sew- Jan. 22 ard.
No. 337.-Judicial system and mixed courts in China; report of the committee upon the ad- ministration of justice; proposition that mixed cases, whether civil or criminal, should be tried in the proper court of defendant and in accordance with the laws of his country approved. No. 567.-Judicial administration; response of the Tsung-li Yamén to the joint representations of the foreign representatives; the subject referred for report. (See Mr. Seward's No. 505 of Novem- ber 18, 1879, page 145, supra.)
No. 575.-Chung How's case; official hostility in Peking to the Kuldja treaty; probable punish- ment of Chung How; sympathy of the foreign representatives in his favor; imperial decrees ordering investigation of treaty and criminal process against Chung How.
No. 579.-Trade grievances; response of the Tsung-li Yamên to the joint note of the foreign representatives; their adherence to the terms of the Chinese circular of 1879, while expressing willingness to discuss the alleged grievances; correspondence transmitted.
No. 339.-Brazilian embassy to China; requested to extend his good office and moral support to the embassy.
No. 586.-Chung How's case; the late ambassa- dor's life in danger; intention of diplomatic corps to communicate to the foreign office on subject; encloses copy of letter to Prince Kung.
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