[Inclosure 12 in No. 44. Mr. Corbett and others to Mr. Sheppard. CHEFOO, June 4, 1874. The undersigned, citizens of the United States of America, residing at Chefoo and Tungchow, desire to express their thanks to Eli T. Sheppard, esq., United States consul for Tien-tsin and Chefoo, for the energy and efficiency which he has displayed in prosecuting the case relating to the recent disturbance at Chimi. The difficulties inherent in the case, together with the obstacles thrown in the way by the Chinese officials, and their determined and persistent opposition to take any proper action to elicit the truth, made the affair an especially difficult one. Fortunately Mr. Sheppard knew his rights, and firmly insisted upon having them acknowledged. His determination to uphold and vindicate the honor of his country, and the satisfactory settlement which he has received, give us a high appreciation of him as a man and a worthy representative of our Government in China. HUNTER CORBETT. J. B. HARTWELL. No. 46.] No. 146. Mr. Williams to Mr. Fish. LEGATION OF THE UNITED STATES, Peking, July 20, 1874. (Received September 12.) SIR: I have the honor to send for your information a series of papers relating to the Woosung bar, near Shanghai, and the effort which has been made by all the legations to induce the Chinese authorities to dredge it so as to allow the mail steamers and other large ships to pass at high tide. In addition to what is contained in these inclosures, other examinations have been made by competent observers; but it does not seem to be worth while to introduce their reports, seeing that you have here the estimates of the expense of clearing the passage, the reasons for doing it now, the detail of the needless outlay for transshipments caused by not doing it, and an opinion of the partial results likely to be effected by carrying it out in the way proposed. In the printed paper (inclosure 1) the most valuable report is that of Mr. Hjousbery, on page 5, wherein the nature of the bar, and the variations it undergoes at different seasons of the year, are described. The annoyance and irritation which this obstruction to the ready navigation of the river continually causes in the mercantile community of Shanghai may be somewhat inferred from the two lists, at the end, of vessels detained by it, thereby disarranging the plans of all who are connected with their business. In bringing the matter before the Chinese government, it was deemed best to present a nearly identical note, detailing the salient features of the grievances now endured by the existence of the bar, and urging immediate action, (inclosure 2.) A full representation of the nature of the work to be done was previously made to the members of the foreign office, who also inspected the chart referred to in the printed inclosure, prepared under the direction of Rear Admiral Jenkins. The prince's answer, (inclosure 3,) deferring a definite decision until another survey could be made, was the merest excuse for procrastinating a determination not to do it at present, at least, whatever he might ultimately decide. The survey spoken of as having been made in 1870 was nearly useless for any practical purpose; but as the recent examination was not particularly mentioned in the first letter, a second note was returned by each legation, (inclosure 4,) informing him of it, and that its careful accuracy quite superseded the necessity of another. His answer (inclosure 5) well exhibits the difficulty of leading these officials to adopt a measure which, at a small cost, would be acceptable to foreigners, and measurably beneficial to themselves at the same time. The report from the southern superintendent of trade is a curious piece of reasoning, looked upon as an endeavor to avoid the direct issue, and throw the undesir ableness of clearing the bar upon national safety and endangering the facilities nature had there provided for defending the passage of the river against a hostile force. It is also quite characteristic of the Chinese in its assumption of facts, such as that the bar prevents the ocean silt from going farther up the river, and its existence one hundred and twenty years ago; but it is not usual for them to bring so many facts and arguments to fortify a conclusion which the writers think cannot be controverted, viz, a regard for national defense. The paper no doubt carries much weight in the minds of native readers. Since it was received, a previous report made by the intendant of Shanghai has been published, in which he tries to prove to the superintendent of trade that the bar cannot be deepened, in the following terms: "Having hired a boat, we examined the place on all sides, and find that a sand-bank runs across the river in an oblique direction about four or five li, but the river here being very wide, we had no means of measuring the distances; and the sand-bank being under water, we could only guess at its extent. The country-people and boatmen being examined, all stated that the character of this sand-bank has long been exceedingly changeable, at one time collecting, at another disappearing, now on the east, now on the west, sometimes high, sometimes low, sometimes large, sometimes small, so that it has got the name of spirit-sand. But, fortunately, wherever the bank grows up, there is sure to be by the side of it an opening sufficient to allow large vessels to go through; if one does not know this opening, and by mistake gets upon the sand with a falling tide, he may easily find himself in difficulty. This is the true state of affairs as regards the bar. Further, the waves are so large and the body of water so great that not only would any efforts by Chinese be unavailing, but even if foreign machines were used for dredging, the sand would fill up again as fast as it was removed. It would be, as Mr. Hart says, merely throwing money in the dirt.” Prince Kung's reply is evidently framed with reference to the last sentence in the superintendent's report, which is, "It is not easy to provide the means;" and this was no doubt influenced by the conviction in his. mind that, if forced to dredge the bar, the money to do it must come out of the provincial revenue and not from the customs duties. The inaccuracy of some of the statements, and fallacy of others, in this reply, induced the preparation of an answer, (inclosure 6,) which was sent more to place on record a denial of the assertions and deductions of the superintendent than with any hope of changing the decision of the government. This answer was not made by all the legations, nor in the same terms, for some deemed it to be quite useless to argue any further, as there was no probability of inducing it to consider the proposal on its own merits or the facility it promised to the trade of the port. In all this discussion, of which only the outlines are here given, the united voice of the mercantile community at Shanghai and of the for eign representatives at the capital, backed by the remonstrances of the British and French governments, at the apathy of the imperial authorities to the inconveniences suffered in consequence of this bar, has all been treated with complete indifference. The report of two or three low officials, sent by the intendant at Shanghai to investigate a matter of which they had no practical knowledge, has more weight than the opinion of experts as to its expediency and cheapness; and the supreme authorities shelter themselves for their disregard of this opinion by a fallacious excuse that they are bound first to consult their own security. The question was one day discussed in the legations as to the alternative of stopping the tonnage dues on ships detained by the bar from reaching their dock in time; but nothing was said to the yamên in this direction. It was generally felt that as the tonnage-dues were all now usefully employed in maintaining the present light-house system along the coast, or in constructing new lights, it was very undesirable to do anything to jeopard that revenue and outlay without express instructions. If the money for dredging could have been taken from the tonnagedues, the superintendent of trade would probably have favored the scheme, whose cost must otherwise come out of the likin taxes levied in his jurisdiction for local purposes; for it is a well-known principle that each provincial government is expected to defray all its own expenses. He was known to be opposed to the enterprise, and his arguments as to its risk to the safety of the port, its inutility and damage to the native shipping and adjacent fields, the impossibility of doing it effectually, were all, one can hardly doubt, brought forward to fortify his previous decision against it. This is a good instance of the power of the high provincial authorities, when they are disposed, to prevent the central government from carrying out a useful design; but the latter is careful not to commit itself to a course until the views and ability of its subordinates have been ascertained. Nor is this unsuitable, seeing that the governor is not only expected to decide on the wisdom of a measure, but is obliged to find the funds, and is held responsible for the success of the undertaking. Our ideas of the functions and power of a central government caunot properly be applied to the relations existing between the Emperor of China and his proconsular governors. This is illustrated by the fact that, while Governor-General Ho, at Nanking, finds so many good reasons for not deepening the Woosung bar, his colleague, Governor-General Li, at Tien-tsin, has nearly contracted for one of Osgood's dredging-machines to dig out the Grand Canal at its junction with the Pei-ho. The minute from Mr. Hart, in relation to the topography and physics of the embouchure of the Yang-tse, and its connection with the Hwangpu River, (inclosure 7,) contains many facts and deductions bearing upon the utility or otherwise of the present scheme. The impotence of human efforts to guide or restrain the action of such mighty rivers in depositing their silt makes it desirable to collect and scrutinize all such data bearing on a plan like this; and the even flow of the Yang-tse, and the uniformity of its deposits, makes it safer to estimate results in this case than in some other rivers. The only thing now asked of this government is to take measures to increase the depth of water on the bar so as to allow vessels drawing four fathoms to cross at high tide; and this has been shown to be practicable, and its immediate execution a great necessity. The cost bears a very slight proportion to a trade valued last year at more than seventy millions of dollars, whose customs-revenue is collected entirely by foreigners, and to facilitate which neither the local nor central governments can be induced to try the cheap experiment of dredging this bar a few feet. SIR Referring to your dispatch, No. 34, and to your conversation. with certain Chinese officials, in relation to the late expedition of the Japanese against the natives of Formosa, I have to reply that the instruction contained in the dispatch of April 8 was confined to the particular case then referred to, and to a time of peace. Your efforts to detach the citizens of the United States who were engaged in the expedition referred to are approved. You state in your dispatch that you had informed certain officials in this conversation that the Americans entering into the military service of China or Japan did so at their own risk, and that the Government would take no notice of their death under such circumstances. Your answer goes further than the Department feels justified in approving. In case such American citizens should be killed in battle in the ordinary course of civilized warfare no notice would be taken thereof; but the United States will expect that no unusual or inhuman punishment be inflicted upon any of its citizens who may be taken prisoners, but that they shall be treated according to the accepted rules of civilized warfare. Where the exercise of a commission or the enlistment in a foreign service is not prohibited by law, the fact that a war arises between the country in whose service a citizen of the United States may be and another nation, with which the United States are at peace, does not, in the opinion of this Department, create an obligation "to refuse to serve or to leave the flag thus employed." Such fact is of not infrequent occurrence. Citizens of all nationalities were engaged on both sides during the rebellion, and such has fre-. quently been the case with European nations. I fail to perceive that the doctrine of exterritoriality affects the question of the rights of citizens of the United States to engage in the service of foreign powers when not prohibited by law, or that it becomes unlawful because of the engagement being made with a non-Christian power. China has not infrequently availed herself of the services of Americans, as in the case of Ward and Burgevine, and it is not for her to take exception against this Government that it refuses to interfere to prevent its citizens from entering into foreign military service which may not be prohibited by law. It is believed by this Department that the provisions of the act of June 22, 1860, afford ample power to the ministers of the United States to issue proclamations, or writs, and even to resort to force, in case of a violation of its provisions, and it is believed that these powers conferred upon the minister will prove sufficient in these cases. This Department is officially informed by the Secretary of War that Mr. Wasson, said to be attached to the expedition against the natives of Formosa, has not been in the service of the United States since July 1, 1872. I am, &c., HAMILTON FISH. No. 54.] No. 148. Mr. Williams to Mr. Fish. LEGATION OF THE UNITED STATES, Peking, August 15, 1874. (Received October 12.) SIR: I have the honor to submit to you a short correspondence relating to the principle of exterritoriality, which has for Americans in this part of the world a particular interest; and a case like the one here described has not heretofore occurred as a practical question in our relations with the colonial government of Hong-Kong. The case is briefly this: An American, named W. Jackson, appealed to Mr. Seward for protection against arrest, at Shanghai, on a warrant from the magistracy at Hong-Kong, (inclosure 1,) whose colonial secretary makes a request for the man's delivery after he had come under the cognizance of the consul-general, and thus indirectly acknowledges his interposition, (inclosure 2.) The latter appeals to the extradition treaty between Great Britain and the United States as containing the rules which must govern the surrender, (inclosure 3;) but after the case had been abandoned, a review of the circumstances leads me to the conclu sion that it does not come within the scope of the extradition treaty, (inclosure 4.) I have no additional information relating to the circumstances under which the alleged piracy was committed, nor why the man Jackson was not sooner arrested, or where he went during the four intervening months; but these details would probably not at all affect the question. As the Hong Kong authorities have given up the case, it is now only a matter of discussion, whose decision by the Department is requested for guidance in the future. If I learn the reasons why they gave it up I will inform you, should there be anything of interest in them. I have, &c., S. WELLS WILLIAMS. [Inclosure 1 in No. 54.] Mr. Seward to Mr. Williams. UNITED STATES CONSULATE-GENERAL, SIR: A case has recently occurred, to which I respectfully call your attention. A man named Jackson was some time since arrested by the police of the municipality upon a telegram from Hong-Kong, which stated that he had committed an act of piracy on a British vessel upon the high seas. He was arrested as a British subject, but whether upon a warrant from the British court here I do not know. After arrest he claimed to be an American citizen. I examined his claim and requested the police to deliver him to me, at the same time asking the police superintendent to report the fact |