3. In trying to find other expressions for those to be discarded in future, I understand the task before us to be to substitute for them characters which have upon them no mark whatever of either superiority or inferiority, or equality of rank or position, on the one side or the other.

Such a general expression containing simply the idea of official correspondence without any by-thought seems to be supplied by the Chinese characters "wen yi," which indicate simply the transmission "yi" of an official document ("wen") from any civil or military officer to another, as is proved by many passages in the official Chinese quarterly almanac (1. 1. and fol. 16, 199, of the part treating of military officers). For there it is said at every moment that as regards the mutual transmission of official documents addressed by the one to the other ("wen yi"), this one will use such and the other such characters." Wen yi" seems to me, therefore, to be the general term needed for the purpose before us.

4. I hold, therefore, that the characters "", wen yi" would form a very appropriate basis for dispatches from the governor-general, or any other very high officer, to a consulgeneral or consul, and vice versa; or from an official lower than a taotai to a consul or consul-general, and vice versa, with one word for all cases when officials of unequal rank, or considered as such, write to each other in an official form.

5. To show the manner in which this system would work, in detail, the following remarks will suffice:

I. In the body and at the end of the dispatch where in the dispatches between the yamên and the legations or consuls and taotais the characters "wei chas hui shih," "80 and so sends a chao hui or communication,” are employed at present, we would write in the above-named cases "wei wen yi shih," "so and so hereby transmits a dispatch."

The expression corresponding to" wei tzu chas hui," "therefore I send this chao hui, or communication," would be "wei tzu wen yi," "therefore I send this official document," for "hsee chih chao hui che" "a necessary communication," it would be "hsee chih wen yi chè" "a dispatch necessary to be sent," and for "yo chao hui" "the above is a communication sent to so and so," it would be " yo wen yi," "the above official paper is sent to so and so." II. On the title page of the dispatch, where the yamên, legations, &c., at present use the words "chao hui," "a communication," as a noun substantive, I believe, for idiomatical reasons, that a transposition of the characters wen yi would be recommendable, and one should write "yi wen" "a dispatch to be transmitted." So also in the body of the dispatch for "I have received your chao hui" it should be I think “I have received your wen yi."

III. The characters "lai wen," literally the dispatch that has come from you, i. e. "your dispatch," which occur frequently in chao huis, ought not to be changed in dispatches between officials of unequal ranks.

IV. Where the writer wants to express the idea of reply, characters such as "fu wen,” “a dispatch in reply," corresponding to "chao fu," "a communication in reply," and wen fun" "to reply in an official form," ought to be used.

V. On the envelope of the dispatch, the characters used in chas huis communications between the Yamên and legations, &c., viz: "kung wen tsze chih," "a paper on public business sent to so and so," ought either to remain unchanged or yi wen tsze chih,” “an official missire sent to so and so," substituted for them. The former expression seems to me preferable for merely international reasons.

Where on the envelope of communications (chas huis) the words "tang tai k'ai ch'ai, to be opened on his raised platform," appear in Peking, the likewise common phrase "tang tiang k'ai ch'ai," "to be opened in his hall," might be used by governors-general writing to consuls, &c., but as a mere form of politeness, consuls writing to governors-general, &c., might retain the former phrase, "to be opened on his raised platform."

VI. The use of the character "kai-in" addressing the person to whom the dispatch is written, as "kai ling shih," "the consul in question," should be entirely discarded and "kuci ling shih," "the honorable consul," and so on, invariably substituted for it. VII. The principle of elevation of characters to the top of the column or above it, should be the same in the new form of dispatches as it has been until now in chao huis, and no deviation of any kind from it be permitted.

VIII. It ought to be expressly stipulated that the whole phraseology of the dispatch should be in accordance with the general principle, and no expression indicating superiority be admitted nor any expression indicating inferiority be demanded.

6. Whilst, therefore, the new form of wen yi would be applicable in every case withont hurting sensibilities on either part, so that also, for instance, I think, a consul might well accept this form from an inferior Chinese official, I hold on the other hand that the form of chao hui, which by the established usage of long years, though not in its original Chinese application, is expressive of absolute equality, might be conveniently retained in all those cases in which it has hitherto been made use of. So that there would be two, but only two, forms, the chao hui in all cases where it has existed until now, and the wen yi for all other cases without exception.

7. I would think it important to stipulate that, besides the seal, no other circles,

marks, &c., in red ink, should be admissible neither in chao huis nor in wen yis, as they are a decided sign of superiority on the part of the writer.

The number of columns on one page ought to be in all cases mutually the same between foreign and Chinese officials.

8. As the term chao hui has become, as already mentioned, in the course of time an explicit expression of perfect equality (by which it differs from the entirely general term of wen yi), its extension to all other cases would probably not only meet with much opposition on the part of the Chinese, but also be less acceptable to consuls, &c., receiving dispatches from inferior Chinese officials.

9. As there is, in fact, nothing to find fault with in the form of chao hui as hitherto in use, I do not think it would either be necessary or convenient to extend the form of wen yi to those cases in which, until now, chao hui has been employed.

10. About the correspondence in the form of half official and friendly letters, nothing need be said. It has to my knowledge never given rise to objections on the one part or the other, and may remain as it was (only it might be well to stipulate that the character pi instead of pên must never be used and cannot be demanded).

I think it only right to state at the end, that by far the greatest part of the above arguments have not originated with myself but have been supplied to me in conversation with my colleagues and others. So, before all, the reference to the Chinese official almanac, only some of the details have been worked out by me. Peking, September 28, 1879.

C. ARENDT.

MEMORANDUM BY MR. DEVÈRIA.

Règlement régissant la forme de missives officielles (SUEN Y) échangées entre fonctionnaires civils de tous rangs.

Les autorités supérieures (dites du Tche-ly), dans leurs correspondances officielles avec les fonctionnaires de leur département, se serviront de la formule "pancarte;" les fonctionnairs sous leurs orders se serviront de la formule "exposé."

Le Tchefou (préfet), écrivant à son assistant (Tso-Eurh), se servira de la formula "exposé."

L'assistant se servira vis-à-vis de lui de la formule "soumission de rapport."

Il en sera de même des sous-préfets, Tche-tcheou et Tche-hsien, vis-à vis de leurs as'sistants, et réciproquement.

Les sous-préfets (tche-tcheou) dites du tche-ly, dans leurs correspondances officielles avec des préfets, tche-fou-se, serviront de la formule "soumission de pancarte;" le préfet usera de celle de "communication à l'encre noire."

Le directeur universitaire correspondant avec le trésorier de la province (fan-sse) ou le grand juge provincial (nieh-sse) addressera sa missive à ces personnages, mais au bas de la suscription il ajoutera “aux soins de ses sécrétaires.”

Les trésorier et grand juge, dans leur correspondance avec le directeur universitaire se serviront de l'expression "signification confiée aux soins de nos sécrétaires pour être remise au directeur universitaire."

Dans sa correspondance avec les Taotais le directeur universitaire se servira de l'expression "pancarte,” en retour de laquelle le Taotai se servira de la formule “lettre soumise à-."

Les directeurs des métiers impériaux-Tche tsao-dans leurs correspondances avec les Tche-fou (préfets) et les Tehe hsien (sous préfets de 2de classe) se serviront de la formule "pancarte."

Les Tche-fou et les Tche hsien en s'addressant à lui useront de la formule, "soumission de subordonné."

Tels sont les renseignements officiels fournis par l'Almanach trimestriel administratif. A part cela les individus dépourvus de fonctions mais ayant un titre nobiliaire se serviraient vis-à-vis des fonctionnaires de tous rangs de l'expression "déliberation.”* Les fonctionaires se serviraient vis-à-vis d'eux de la même formule.

Les savants ou docteurs enseignants ou hommes considérable en Chine et qui n'exercent pas de fonctions officielles se serviraient de l'expression "information." Les autorités leur répondraient suivant la même formule. Le même Almanach contient le règlement relatif aux visites officielles échangées entre les fonctionnaires chinois.

Les Tsan tsiang, les Yeou Ki, se servent de la formule.

Les Fou sze, les Chao-pei, se servent de la formule.

*Ne se trouve pas dans l'Almanach. C'est le Ta King, Hoei Tien Kin 328, fos. 92, 97, chapitre, qui attesterait l'exactitude de ce renseignement.

[Inclosure 2 in No. 512.]

PROTOCOL.

The report of the committee upon official intercourse having been this day read before a general meeting of the representatives of treaty powers assembled in Peking, it was agreed that the attention of the Chinese Government should be invited to the propositions therein contained; but verbally and not in correspondence. November 7, 1879.

THOMAS FRANCIS WADE.
M. v. BRANDT.

GEORGE F. SEWARD.

J. H. FERGUSON.

J. F. ELMORE.

FERD. DE LUCA.

HOFFER v. HOFFENFELS.
A. KOYANDER.
R. G. Y OSSA.

PATENÔTRE.

HUB. SERRUYS.

No. 523.]

No. 136.

Mr. Seward to Mr. Evarts.

LEGATION OF THE UNITED STATES,

Peking, December 4, 1879. (Received January 27, 1880) SIR: I had the honor to hand to you with my dispatch No. 510, a copy of an introductory note to the Tsung-li Yamen by the foreign representatives at this capital at the close of their recent conference in regard to the condition of trade, justice, and intercourse, and intended to pave the way for the special representations to follow. I now inclose another copy of the note for your convenience in referring to it, and a copy of the response made by the prince and ministers.

You will notice upon reference to the latter paper that the Yamên declares its readiness to receive and consider such representations as may be put forward by us, but that this statement is accompanied by remarks of a half moral, half philosophical sort upon the relationship of host and guest.

It is not easy to say what the Yamên has intended to indicate in these remarks. They may look to an assertion that we should not ask for more in China than we are prepared to give in our own lands, or they may have been dictated by the idea, ever present to the Chinese mind, that it is not becoming on our part, as the guests of the empire, to demand too much from our host, the government. It would be a mistake probably to consider them as glittering generalities only.

The Yamên has followed up this note by a second one, with which a copy has been sent to us of its circular of last year to its representatives abroad (see my dispatch No. 510),* and an intimation that it contains a declaration of their understanding of the treaties.

The earlier note from the Yamên called for no reply, but the second could not be passed by. It is, in effect, an invitation to us to enter upon a discussion of the treaties apart from the grievances which we have set up, and this, of course, would lead to nothing.

My colleagues and I have thought it well, therefore, to respond to this note, saying only that we have received it, and that we were already

See inclosure 6 to No. 510, page 177 of this volume.

acquainted with its contents, meaning, of course, to imply that our representations had been made in full view of it.

The views of the diplomatic body in regard to the matters which require attention at the moment in connection with the administration of justice have been fully made known to the Yamên by letter. Those relating to intercourse are to be explained personally and not by correspondence, at least at the outset. The more serious questions, those occurring in the course of trading relations, have been presented in outline only in correspondence, and their presentation must be supplemented by the production of evidence and by personal explanations of its bearing. I shall hope at an early day to report the progress which has been made in the directions so indicated.

I have, &c., &c., &c.,

GEORGE F. SEWARD.

(NOTE. For text of inclosure No. 1, being the introductory note of the foreign representatives to the Tsung-li Yamên, see appendix 5 to Mr. Seward's No. 510, page 176 of this volume.)

[Inclosure 2 in No. 523.]

Reply of the Tsung-li Yamên to the foreign representatives.

Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication in reply.

Upon the 21st instant I had the honor to receive a collective note from your excellencies, stating that your excellencies have been engaged in conference upon the internal taxation of foreign trade in this country; upon the administration of justice; and upon the conditions of intercourse, whether in correspondence or otherwise, between Chinese and foreign officials in the provinces.

Your excellencies state that in these three categories may be said to be included almost every matter to which attention seems to be demanded, whether for the removal of what may be characterized as a grievance, or for the introduction of changes that will modify what is in appearance either unreasonable or inexpedient; and that you propose to present the conclusions which you have reached, to which you are assured that this Yamên will give the most careful attention, &c., &c.

In response I beg leave to remark that it seems to me that the intercourse between the various nations of the earth exists upon the friendly basis of host and guest, from which host and guest alike seek to derive benefit and to avoid injury. In the discussion of any matter, if it is profitable to both host and guest, then there will be no divergence in their language. If it be advantageous to the guest and works no harm to the host, the latter may perhaps assent to it. But if it be advantageous to the guest and detrimental to the host, then it ought, of course, to be again considered in all its bearings.

The personality of host and guest is not fixed. Each in his own land is the host, and those opposite to the host are the guests. To-day I [the pronoun "I" represents the reader of the dispatch rather than the Prince] may be the guest and another person the host. Supposing that he goes beyond the ordinary requirements of courtesy in order to consult my convenience, then, to-morrow, he being the guest and I the host, could I require him to conform to ordinary rules in order that my convenience as host should be consulted by him?

Persons of high intelligence are able to consider at once the entire concerns of all the world with an impartial, kindly regard.

It will certainly be the duty of the ministers and myself to give careful consideration to the further note which your excellencies propose to address to us.

Peking, November 26, 1879.

To their excellencies Sir Thomas Wade, Mr. von Brandt, George F. Seward, Mr. Ferguson, Dr. Elmore, Mr. de Luca, Mr. Hoffer von Hoffenfels, Mr. Koyander, Mr. Ossa, Mr. Patenôtre, Mr. Serruys.

(Informal.)

[Inclosure 3 in No. 523.]

The Tsung-li Yamên to the foreign representatives.

This office some time since transmitted to the representatives of China abroad a memorandum in which was set forth its understanding of the treaties.

I have now the honor to hand to your excellency herewith a copy of this memorandum, in Chinese and foreign text, and beg your excellency to give it your consideration.

Cards and compliments.

November 29, 1879.

The foreign office to the foreign representatives.

Inclosure 4 in No. 523.]

Reply to the Yamen's note forwarding copy.of instructions to Chinese ministers abroad.

DECEMBER 3, 1879.

Sir Thomas Wade presents his compliments to the Prince of Kung and the ministers of the Tsung-li Yamên.

Sir Thomas Wade received upon the 30th November a semi-official note from the Yamên addressed to himself and his colleagues, the representatives of the treaty powers recently assembled in Peking.

There was forwarded with the note, in English and foreign languages, a printed copy of the instructions issued by the Tsung-li Yamên to the missions of the Chinese Government abroad in March, 1878, with which the representatives addressed were requested to acquaint themselves.

Several of the foreign representatives, as the Prince and ministers are aware, have already left Peking. Copies of the note have, however, been forwarded to all.

At the request of such of his colleagues as are still here, Sir Thomas Wade acknowledges the note which His Imperial Highness and their excellencies have done them the honor to write. He is to add that the substance of the Yamên's instructions to Chinese missions is believed to be generally known to the representatives of the treaty

powers.

No. 526.]

No. 137.

Mr. Seward to Mr. Evarts.

LEGATION OF THE UNITED STATES,

Peking, December 8, 1879. (Received January 27.) SIR: I have the honor to hand to you herewith a letter which I have received from the consul-general, transmitting one addressed to me by the Chamber of Commerce at Shanghai, in which the belief of the chamber is stated that the Swatow Guild, a combination of Swatow merchants, doing business at the open ports in China, has a recognized connection with the collection at Shanghai of lekin taxes on opium, and that its power in this respect is used to forward its own interests in the trade.

The fact that the collection of lekin taxes is sometimes committed to guilds of native merchants, and that such guilds are able, directly and indirectly, to promote their own interests in this way, and to displace other traders, native and foreign, has already fallen under the observation of the diplomatic body here, and has been included in the list of trading grievances lately transmitted by us to the Tsung-li Yamên. (See my dispatch 510, inclosure 3, grievance number 14.*)

It is not singular that, when trade and the opportunities for enterprise are rendered inelastic by repressions every where exercised, the efforts of traders should take the form of combinations intended for their defense against the government, and the removal of opposition on the part of those who do not share in the expenses and responsibilities of the combinations so made.

*NOTE.-Printed on pages 174-175 of this volume.