1^76 (SfotttKll Ittioetattg ffiihratg 3tl{ata, New ^ath CHARLES WILLIAM WASON COLLECTION CHINA AND THE CHINESE THE GIFT OF CHARLES WILLfAM WASON CLASS OF 1876 --1918 TEO IM u s.; Cornell University Library DS 740.5.G7A3 1876 Correspondence respecting the attack on 3 1924 023 185 121 ^r. 'm ^^ Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924023185121 BRITISH PARLIAMENTARY PAPERS CORRESPONDENCE RE&ARDING MURDER OF MAR&ARY 1876 - 1877 CLEVELAND 19 15 : tC)UNbll- lit N I Y I; K S IT Y LibUAUY \t^ (oO\^ CONTENTS Correspondence respecting >the attack on the India Expedition to western Chingi,and the Miirder of Mr. Margary, 1876 Further Correspondence respecting the attack on the Indian Eit- pedition to western China and the Uiurder of Mr . Margary^ 1876 Further Correspondence respecting the attack on the Indian Ex- pedition to western China, and the Murder of Mr . Margeiry, 1877 CHINA. No. 1 (1876). OOEEESPONDENOE RESPECTING THE ATTACK ON THE INDIAN EXPEDITION TO WESTERN CHINA, AND THE MURDER OF MR. MARGARY. Presented to both Houses of Parliament by Command of Her Majesty. 1876. LONDON : PRINTED BY HARRISON AND SONSi ^u t Ok hi: 'LI, U H I Y L- K S n Y LfUKANY TABLE OF CONTENTS. No. Name. Date. SVBJBCT. Page 1 To Mr. Wade .. Mar. 4, 1875 Viceroy of India telegraphs that Colonel Browne's mission has been attacked, and Mr. Margary killed, at Manwyne. To call attention of Chinese Govei-nment to the outrage. What steps should be taken ? . . 1 2 »J 1) • • •• Apr. 16, Approves arrangements respecting investigation. Requests further explanations respecting indem- nity Copy of the note to Prince of Kung announcing the 1 3 Mr. Wade Mar. 12, outrage 2 4 i» • • • • 12, Praises Mr. Margary's conduct .. 2 5 To India Office. . May 13, Sends copy of No. 3 . . 3 6 To Mr. Wade .. 13, Regret at loss of Mr. Margary . . 3 7 Mr. Wade Apr. 14, Correspondence with Prince of Kung respecting in- quiry into Yunnan outrage. Agreement come to. . 3 8 )> " ■ • • 15, Jjetter received from Mr. Margary from Bhamo 21 9 1) • " " • 16, Extent of Chinese jurisdiction over Yiinnan terri- tory 22 10 53 • • • • 17, Sung Pao-hwa appointed to accompany British officers to Yiinnan. . 24 11 5) • • ■ • 17, Geographical position of Manwyne 24 12 To India Office . . June 16, Sends copies of Nos. 7, 8, 9, and 10, and requests opinion as to fresh mission and indemnity 26 13 To Mr. Wade .. 16, Approves his conduct. Fresh mission and indem- nity under consideration 2« 14 Mr. Wade May 1, Correspondence with Prince of Kung respecting demands made 25 15 To Mr. Wade . . June 23, Entirely approves the course he has pursued. Thorough investigation to be insisted upon 3S 16 Mr. Wade May 10, Has visited Chinkiang, Kewkiang, and Hankow in the"¥igilant" 34 IT 5) • • • ■ 28, Notes to Prince of Kung as to mission of inquiry . . 34 IS „ !• •• 29, Statements made by one of Mr. Margary's Chinese servants .. 35 19 To Mr. Wade .. July 21, : Approve* notes to Prince of Kung in No. 17 38 20 To India Office. . 22, Sends copy of No. 17 . . . . . ; 38 21 Mr. Wade June 10, Reports arrival of Colonel Browne 38 22 Admiralty Aug. 14, Report from Admiral as to conveyance of Colonel Browne .. 38 23 Mr. Wade June 23, Note to Prince of Kung asking what report has been received from Yiinnan 39 i4 „ 23, Communications with Yam^n as to reported despatch of Special Commissioners 39 25 To Mr. Wade . . Ai^ 21, To telegraph arrangements as to special mission 41 26 »9 5J • • 21, Approves note to Prince of Kung in No. 23 41 27 Mr. Wade July 24, Mr. Grosvenor's interview of July 9 with Li. Me- morandum on the state of affairs 41 2ft 35 • • • • 24, Has communicated substance of No. 15 to Prince of Kung .. 46 29 To Mr. Wade . , Sept 16, Approves proceedings reported in No. 27 . . 48 30 5J )» • • 16, Approves note to Prince of Kung in No. 28 48 31 j> ij • • • • 29, What are the guarantees? Full inquiry must be insisted upon 48 32 J5 5> • • •• Oct. 21, Guarantees appear satisfactory. Entirely approves his conduct. Chinese Government to be in- formed 48 33 Mr. Wade Aug. 26, Note from Prince of Kung of July 31 49 34 „ . . 26, Memorandum presented to Li, respecting guarantees required ,. 50 35 „ ... • . 26, Two notes to Prince of Knn^, giving a full narrative of the outrage 52 36 « ~ • ' 26. Remarks of the Yamen on the guarantees required . . 61 37 ,^ f m 27, Explains use of " befooled " in No. 35 63 38 „ • • * - 27, Has communicated the Queen's speech to Li 63 39 To Mr. Wade . . Oct. 30, Approves his memorandum in No. 34, and Mr. Gros- venor's proceedings . . 64 40 )) )) • * • • Nov. 6, Approves notes to Prince of Kung in No. 35 64 [344] IV TABLE OJ CONTENTS. No. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 73 74 76 76 77 78 79 80 Name. Mr. Wade To Mr. Wade . . To Sir T. Wade Consul Medhurst Mr. Wade 57 58 ?1 59 60 5) • 61 )) ■ 62 J) 63 5» • 64 65 ?1 • )5 66 67 5? J1 68 To Sir T. Wade 69 70 71 72 J» 11 5) )) 1» 1» Consul Medhurst To Sir T, Wade Consul Alabaster To Sir T. Wade Mr. Wade To Sir T. Wade Consul Medhurst Date. Nov. 8, 1875 Sept. 9, 9, 9, 10, Nov. 24, 25, Dec. 7, Oct. 20, 20, 20, 20, 20, 21, 21, 21, 21, 21, 26, 26, 27, 27, 27, 27, 27, 27, 28, Dec. 16, 16, 15, 15, 15, 15, 15, 23, Nov. 6, Jan. 1, 1876 Nov. 17, 1875 Jan. 8, 1876 12, Subject. Mr. Grosvenor's mission left Hankow November 5 . , Prince of Kung's answers to notes presented to Yamen Interview with Li and Ting, and correspondence with Prince of Kung Correspondence with Prince of Kung from the 27th August Correspondence respecting Mission to England. Envoys apjjointed Approves proceedings rej)orted in Nos. 44 and 4,5 . Notifies his .oppointnieiit as K.C.B. News ii'om Mr. Grosvenor up to November 24 Decree of September 7, ' respecting Mission to linglaud J'rincu of Kung's explanation respecting the appoint- ment of Li and Ting as negotiators Prince of Kung's reply respecting despatch of Mis- sion to England . . Interview with Ministers of the Yamen P'urther discussions respecting guai'antees . . Will send Mr. Grosvenor to England, lleasous for this change Renewal of negotiations CWrespondence respecting Mr. Grosvenor's reception in Yiinuan. . . . . . Decree respecting intercourse with foreign Ministers Unsatisfactory state of negotiations. . Determination to withdraw Legation Negotiations for a Decree respecting passports Decree published respecting passports. Mr. Gros- venor is to start for Yiinnan . . Has recommended postponement of Mission to England until after the Yiinnan inquiry. . Despatch to Consul Medhurst respecting publication of guarantees Has communicated substance of No 32 to Prince of Kung Mr. Davenport has been attached to the Mission Mr. Grosvenor started for Uaukow on October 24. Copy of his instructions Valuable services of Mr. Hart . . Has decided to send Mr. Edwardes home with de- spatches Approves note in No. 66 Approves proceedings reported in No. 61 . . Approves despatch to Consul Medhurst in No. 62 . Approves note to Prince of Kung in No, 63 Approves Mr. Davenport's appointment reported in Entirely approves instructions to Mr. Grosvenor in No. 66 . . Mr. Grosvenor has reached I-chang-fu . . '.', Appreciation of Mr. Hart's services reported in No. 66 . . . . . . . . Mr. Grosvenor's mission left Hankow on November 5, Mr. Edwardes arrived on December 12. General •npproval of iiroceedings Consul Medhurst is to telegraph home all news respecting Mr. Grosvenor's mission Approves instructions to Consul Medhurst in No. 78! News from Mr. Grosvenor up to December 13. All' well Page 64 64 67 68 73 74 74 74 74 75 76 76 79 82 84 85 89 90 94 98 S8 100 100 101 104 105 106 105 105 105 106 106 106 106 106 107 107. 108 los' Correspondence respecting the Attack on the Indian Expedition to Western China, and the Murder of Mr. Margary. No. 1. The Earl of Derby to Mr. Wade* Sir, Foreign Office, March 4, 1875. I HAVE to acquaint you that Her Majesty's Secretary pf State for India has received a telegram from Lord Northbrook, informing him that intelligence has reached the Indian Government from Mandalay that the Mission under Colonel Browne has been attacked and driven back by an armed force, and that Mr. Margary and his servants have been killed at Manwyne. These acts are understood to have been committed by the orders of the Chinese Governor of Momein. I have to instruct you to lose no time in calling upon the Chinese Government, to institute a strict investigation into the facts thus reported, and to inform me of your opinion as to the steps which it would be advisable to take in the matter, bearing in mind the objects which the Indian Government had in view in sending the Missibn under Colonel Browne to Tiinnan. I am, &c. (Signed) DERBY. ITo. 2. The Earl of Derby to Mr. WadeA Sir, Foreign Office, April 16, 1875, HER Majesty's Government have had under their consideration your telegram of the 34th ultimo, reporting the demands which you had made upon the Chinese Govern- ment in consequence of the attack on Colonel Browne's Mission and the murder of Mr. Margary. Those demands were as follows : — 1. That a British officer should be present at the investigation to be held in Tiinnan. 2. That fresh passports should be immediately granted for a new mission through Burma in case the Indian Government should wish to send one. 3. That the sum of 150,000 taels should be placed in your hands to be disposed of as Her Majesty's Government might see fit. I have now to acquaint you that the two first demands are entirely approved ; and that with reference to the third, Her Majesty's Government, having entire confidence in your discretion, presume that you had good grounds for the action you have taken in asking for a sum of 150,000 taels, but will await further explanations before expressing a more definite opinion on the subject. I am, &c. (Signed) DERBY. * Substance telegraphed to Mr. Wade. t The substaace of this despatch was telegraphed to Mr. Wade on the 6th April, [344], B No. 3. Mr. Wade to the Earl of Derby.— (Received May 10.) (Extract.) Peking, March 12, 1875. YOUR Lordship will not have failed to receive from the India Office a copy of the telegram which reached me yesterday, to the effect that the expedition from Bhamo had heen attacked at a place called Man- wyne, which is some way within the Chinese frontier, ap;d thftt Mi\ Margary had been either killed in the fight or subsequently murdere4 ;, Ij do not quite make out which. The Yjceroy of India informs me that a copy of the telegram had been forwarded to the Secretary of State. I inclose copy of a despatch in which I have^ this day communicated the matter of the telegram to the Prince of Kung. I have limited myself to such a statement of the facts as I conceive the telegram strictly to warrant, reserving all comment that the particular case, or the larger question of which I cannot but rega?d it as forming patt, might seem to authorize, until I aim ia receipt of the Prince's reply. . Inclosure. in 'No. 3. Mr. Wade to the Prince of Kung, Sir, PeUng, March 12, 1875. ,, \ IT was only on the 3rd instant that I wrote to inform your Imperial Highness of the., safe arrival of Mr. Margary at Bhamo. It gave me pleasure to be able to add that Mr. Margary had been . kindly received by the Chinese authorities, -through whose juris- dictions he had passed. , ;■■, I regret to have now to state that a telegram arrived last evening from the Yicer-py , of India to the effect that the expedition, which Mr. Margary was sent to accompany,, having crossed the Chinese frontier, was attacked on the 22nd. of February near a tqw^j some seventeen miles south-west of Sanda by a large body of Chinese and hill men, the advanced guard of a force of 3,000 men, sent forward by a high authority of Momein to annihilate the British party. The latter, but a few persons in number, were of course unable to make head against such odds, but, although some were wounded and the whole of their baggage was taken, they all succeeded in reaching a place of safety near Bhamo, with the exception of Mr, Margary, who, with his Chinese attendants, was killed, whether during the attack or in cold blood I cannot exactly make out. In any case their heads were exposed on the walls of the town near which the expedition was attacked. The attacking party was commanded by a nephew of Li-ssii-ta-ye, Chief Authority of Nan-tien. Li-ssu-ta-ye had shown Mr. Margary great civility but a short time before when he was passing through Nan-tien on his way to Bhamo. ' The Yiceroy has sent a duplicate of his telegram to the Secretary of State for India, who will, of course, communicate with the Secretary of State for iForejga Affairs. Your Imperial Highness cannot doubt that I shall look anxiously fo?" an acknowledg- ment of this communication. (Signed) THOMAS FRANCIS WADE. ' No, 4. Mr. Wade to the Earl of Derby.— {Received May 10.) MyiLord, Peking, March 12, m7b.. I WHATEVER details may be added to the telegram which forms the subject of the foregoing despatch, there can be no doubt, I fear, about the terrible fate of Mr. Margary? The regret which I oould not fail to feel for the death of any one under circumstances so lamentable, is added to by the sincere conviction that in Mr. Margary the service loses one of the most promising x)f its staff. My .personal knowledge of Mm was but slight but I knew of him incidentally sufficient to assure me that no one would better accom- plish the difficult mission for which! selected hina, and his< private letters forwarded me from tiine to time during his ■ journey, either by Mr. .Hugihes or Mr:. Medhurst, showed me that I had not been mistaken, in niyrdhbire. Whether in a Consular office or out of it, he was eminently a good servant, and I have known no one more generally popular with his colleagues or his countrymen. ■ ' ' I have, &c. 'i (Signed) THOMAS FRANCIS WADE. IJ"o. 5. Mr. Lister to Sir L. Mallet. Sir, Foreign Office, May 13, 1875. I AM directed by Her Majesty's Secretary of State fol- Foreign AflFairs to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from Hier ' Majesty's Minister at Peking upon the subject of the recent attack on the mission to Yunnan. * I am, &c. (Signed) T. V. LISTER. No. 6. The Earl of Derby to Mr. Wade. Sir, Foreign Office, May 13, 1875. • I HAVE received your despatch- of the 12th of March, relating to the lamented death of Mr. Margary at Man-wyne, and I have to state to you that Her Majesty's €rovernment share your regret at the loss of a public servant whose career promised so well. I am, &c. (Signed) DERBY. No. 7. Mr. Wade to the Earl of Derby. — (^Received June 6.) (Extract.) Shanghae, April 14, 1875. I HAVE the honour to inclose copies of my confespondence with the Prince of Kung and the Ministers of the Tsung-li Yamin, on the subject of the Yunnan outrage, as also of other papers 'connected with the same question. Theire is still a supplement to be supplied from Peking, with one or two documents that have been left behind by mistake. • i My telegram of the 24th of March informed your Lordship that I had asked, first, for passports for the officers whom I might send to Yunnan, to be present at whatever proceedings should be had in this case ; secondly, for passports that would enable a second 'mission from India, should the Viceroy see fit to send one, to cross the common frontier ■ of China and Burma; thirdly, for an indemnity of 150,000 taels. Your Lordship's despatch of the 6th instant, in reply to the above, reached this only on the 1 1th, the day after I arrived here. It acquaints me that my two first demands are i approved, but that, while confiding in my discretion. Her Majesty's Government will await farther explanation of my demand for an indemnity. I had already telegraphed, on the 26th of March, that 1 had made the accordance of passports si, sine qud non, and on the 31st of March that they had been sent to me. I reported also that I had not made a sine qud non of the indemnity, but had only " recom- . mended" it; that the Prince of Kung had offered, as a favour, that portion of the whole sum originally named by me, which I had told His Imperial Highness was allotted to the fanlily of Mr. Margary, but that I had declined this offer, and had intimated my intention to abstain from all further reference to indemnity until I should receive instructions on the •subject. * No. 3. [344]- B 2 Inclosure 1 in No. 7. The Prince of Kung to Mr. Wade. '^^THE Prince has to acknowledge the receipt of the British Minister's despatch of the 12th instant, informing him of the receipt of a telegram on the previous evenmg from the Viceroy of India, stating that the expedition proceeding to Yunnan had been attacked on the 22nd February, after entering Chinese territory, and that Mr. Margary, with his Chinese attendants, had been murdered. „ • • , m*- • i. ,\ ^ It is but lately that the intelligence communicated by the British Minister, tliat Mr. IVtargary had safely arrived in Burma, after being treated with kindness by the officials along the entire course of his journey, had been received by the Prince with cordial satisfaction. On receipt of the present information that Mr. Margaiy has been cut off m this sudden manner, the Yam^n of Foreign Affaks communicates at once by express with the Governor-General and Governor of Yunnan, desiring them without delay to order an inquiry to be instituted, and to make report of the result. The present reply is, in addition, forwarded for the information of the British Minister. Kwang Sii, 1st year, 2nd moon, 7th day (March 14, 1875). Inclosure 2 in No. 7. Mr. Wade to the Prince of Kung. Sir , Pelting, March 15, 1875. I HAVE the honour to acknowledge the receipt of your Imperial Highness' reply to my communication of the 12th. The Viceroy of India, your Imperial Highness is aware, when he telegraphed to me, sent also a telegram to the India Office, and I cannot doubt that as soon as the Cabinet shall have had time to confer together, I shall receive instructions from the Earl of Derby. T shall not, therefore, for the present say more than that, with all there is on record of like offences insufficiently atoned for, the mere intimation of your Imperial Highness' intention to write express to a provincial Government from which no answer can be received for about six ihonths, is not very likely to satisfy Her Majesty's Government. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 3 in No. 7. The Prince of Kung to Mr. Wade. (Translation.) THE Prince has to acknowledge the receipt of the British Minister's despatch of the 15th instant, expressing the opinion, with reference to the murder in Yiinnan, that Her Britannic Majesty's Government is not likely to be satisfied with the mere assurance that orders to institute inquiry have been sent by express to a Provincial Government, from which no answer can be expected in less than half a year's time. In reply, the Prince has to observe that it was with a feeling of the utmost perturbation, so shortly after the receipt of a note announcing Mr. Margary's safe arrival in Burmah, that he learnt, by the despatch lately received, the news of his having been waylaid and murdered by an armed party. What is essential, at the same time, in cases of this kind, is that inquiry be insti- tuted for the purpose of discovering the actual murderers, as well as of ascertaining the officials within whose jurisdiction the act has been committed, which having been done, rigbrous punishment can be inflicted, as a warning for the future. Immediately upon the receipt of the British Minister's despatch of the 12th instant, the Prince hastened to prepare a despatch, which was sent off on the 14th, at the urgent express rate of 600 li (200 miles) per diem, desiring the Governor-General and Governor of Yunnan to order an inquiry, and to reply without delay, the high officials in question being desired at th^ same time to devise with all promptitude the measures which it is requisite should be taken. The Prince will never be found to deal negligently with so serious a matter as a case of murder; and, indeed, with reference to another affair, the Tsung-li Yam^n have alrieady heretofore remarked in a despatch addressed to the British Minister, that " if, in cases of homicide, the manslayer be set free on a verdict of ' Not Guilty,' it cannot be possible to satisfy the public mind." It is because he himself is animated by a like senti- ment that the I^rince has with the utmost expedition despatched instructions to the autho- rities of the Province concerned, directing them to institute minute inquiry and effective proceedings as promptly as possible, to the end that no opportunity of escape be afforded ■ to the murderers ; and on receipt of the British Minister's further communication now imder acknowledgment, additional instructions have been sent off by express to the high authorities of the Province. The Prince feels assured, that Her Britannic Majesty's Government will not fail to share the conviction that, in dealing with this occurrence, the Prince will not cherish the slightest inclination to treat it negligently. Kwang Sii, 1st year, 2nd moon, 10th day (March 17, 1875). Inclosure 4 in No. 7. Mr. Wade to the Prince of Kung. < Sir, Peking, March 18, 1875, I HAVE the honour to acknowledge your Imperial Highness' reply of yesterday to my communication of the l.'ith instant, reminding me of the words employed in an earher despatch by your Imperial Highness to the effect that the pacification of the public mind would he impossible were persons guilty of murder to be discharged as innocent. These words, I remember, are to be found in a despatch regarding the Fawcett case,, on which I have more than once explained that I had some further statements to make. My reason for delaying these will be given in due time, but as your Imperial Highness' allusion to the Fawcett case at this juncture may seem to imply that there is some parallel between it and the case just reported from Burma, I beg to state at once that there appears to me the very widest possible difference between the two. In the one a British subject, the eraployd of the Chinese Government, engaged in work on the Shan Tung Promontory for the Chinese Government, finding his workmen violently interfered with by Chinese of the locality, a collision ensued in which a shot from the foreigner's pistol, while he was striking one of the Chinese with the butt of the weapon, occasioned the death of another. In Momein a party of British ofiicers travelling with a passport provided by the Chinese Government has been waylaid by an armed force, and one of them has been murdered and mutilated under circumstances which will not fail in England to recall the recollection of sundry acts of violence and treachery which have either interrupted or endangered relations between China and foreign Powers on various occasions, both before and after the Treaty of 1858. Who was responsible for the movement of the Momein force is, of course, the important point to determine. An hour after the receipt of your Imperial Highness' despatch, I received a telegram from the Earl of Derby instructing me to inform his Lordship what steps, in my opinion, it will be advisable to take in this matter. When I have seen the Ministers who propose to call on me to-morrow, I shall have the honour of communicating again with yom" Imperial Highness. I renew, &c. (Signed). THOMAS FRANCIS WADE. Inclosure 5 in No. 7. Mr. Wade to the Tsung-li Yamtn. Peking, March 19, 1875. MR. WADE presents his compliments to the Ministers Shin, Mao, Tung, and Ch'ung. To save time, Mr. Wade forwards a Memorandum of the subjects referred to to-day in Mr. Wade's conference with their Excellencies, and on which Mr. Eraser ; -and Mr. Mayers will be instructed to speak to-morrow. The Ministers mentioned to-day the Prince's intention to address a memorial to the Throne on the subject of the Momein affair. It is desirable that the draft of the Yamgn should first be shown to Mr. Wade, and that both the Memorial and Decree be published in the " Gazette." Mr. Wade takes this opportunity of insisting most positively on the necessity of a joint investigation. The course suggested by the Minister Tung, that is, that inquiry should be made, and punishment at once inflicted, will not satisfy Mr. Wade. (Signed) THOMAS FRANCIS WADE. ■ i ; ■ laclosure 6 in No. 7. . : Mejnorandum forwarded to ihe Tsung4i Yamm, March 19, 1875. L THE Chinese Government will send a special Commission to Momein to inqiiii^ into facts and causes of the attack on the expedition from Bui'ma. No investigation dr action taken upon it will be satisfactory unless a British officer is present to assist m the inquiry. I shall be prepared to send one or two officers. The Indian Government will bei invited to send an officer if it sees fit. 2. The Indian Government will, if it see fit, send a second mission into Yiinnah to carry out the objects contemplated by that which has been repulsed. 3. The sum of 150,000 taels will be placed in my hands, to be applied as the Secre- tary of State for Foreign Affairs and the Secretary of State for India shall decide. 4. The Prince of Kung will at once arrange with me what steps are to be taken to give effect to Article IV of the Treaty of 1858 ; the word privileges is explained in a note. 5. The Prince of Kung will also arrange with me how eflFect is to be given to. the Articles of the Treaties by which the freedom of British trade from all imposts over and above the Tariff and half Tariff duty is secured. 6. The Prince of Kung will at once cause all claims arising out of the action of officials to be satisfied. (Signed) THOMAS FRANCIS WADE. A Minister Plenipotentiary having presented his letters of credence at a foreign Court, aind requested an audience, it is the duty of the Secretary of State for Foreign Affairs to ask the Sovereign of the State to grant the Minister Plenipotentiary an audience. The Secretary of State is not free to represent that the foreign Minister has "humbly implbred " an audience. The audience granted, a notice of it is published in the " Govern- ment Gazette," in which the Sovereign of the Minister received is spoken of in such terms as to make it plain to all that there is no difference of degree between the Sovereign of the State and the Sovereign of the foreign Minister. The reception over, the Minister is granted certain privileges ; privileges of entree, privileges of passage, and the like. On stated occasions he repairs to Court to pay his respects ; he has formal intercourse with the chiefs of the Departments of State ; not, of course, on business, but as a matter of ceremony. Inclosure 7 in No. 7. The Tsung-li Yamen to Mr. Wade. (Translation.) AFTER their interview with Mr. Wade on the 19th instant, the Ministers received Mr. Wade's note enclosing a Memorandum, with the contents of which they fully acqiiiiiiated themselves, and which they at once laid before the Prince of Kung for Hi's Imperial Highness' perusal. They have in like manner fully communicated to His Imperial Highness the views which were stated on the part of Mr. Wade by Mr. Eraser and Mr. Mayers during the interview held at the Yamgn an the 20th instant, deliberation having been held [by the members of the Yamen], they have drawn up the enclosed paper, replying article by article to Mr. Wade's Memorandum, which they forward for Mr.'Wadfc's perusal. . With reference to the draft of the Yamln's Memorial to the Throne, respecting which Mr. Wade has addressed the Ministers on the 1 9th and 20th instant, it must be observed ifehat in addressing Memorials to the Throne, the Prince and his colleagues of the Yamen iact in fulfilment of the duty incumbent upon them. Memorials are documents under close seal and of a confidential nature. The more weighty and confidential the subject to which they telate, the less is it possible that Chinese Ministers who have not even shared in the [drafting?] of the matter should venture, before the document has been laid before the Sovereign, to submit it to the perusal of any foreign Kepresentative. Whatever there mjiv be in the way of an abstract of the general tenor of the Memorial, and of the Imperial Rescript issued in reply, that should with due reverence be communiGated for information's satkje, the Ysmin will certainly make known in an official despatch. The Ministers forward this reply, with wishes for Mr. Wade's continued happijuess. ' ■2kA umm, 15th day (March 22, 1875). Inclosure <8 in No. 7. I 1 .;!:; Memorandum j-rom Vhe Tmng-ltYtmi^w -ii lii (Translation.) _ M«rcA 22, 1875. [IN reply to Mr. WaiTe's Memorandum of the 19th instant.] Article 1. The Prince and his colleagues are atone with Mr. Wade in viewing this occurrence as of a serious nature. The proper course to pursue is undoubtedly that the Governor-General and Governor of Yiinnan should MstitUte a searching inquiry into all the facts of the case through the agency of inteUigent and judicious officials keting^^ urldfer their orders, and take action accordingly, having as the object imperatively in view a' due amd satisfactory result. If, for instance, an affair of serious import wer6 to occur within the limits of British territory^ it could be dealt with in an efficient manner by British officials only ; and thus, in the present instance, it rests entirely with the Goverhdr- General and the Governor to make every possible effort towards ensuring the discovery Of the persons by whose hands the murder was actually committed, and to punish them in accordance with the laws. It is the law that a murderer shall pay the penalty with his life ; and whether the British Government should appoint officials (to be present) or no, the Chinese Government will assuredly be possessed by no inclination to' trifle with the settlement of the afiair. Art. 2. The original understanding [with reference to the Indian expedition] was that' the purpose in view was travel. Nothing was said of any other objects ; and the province^ in fact, is not one of those comprising ports open to trade. Mr. Fraser and Mr. Mayers admitted, indeed, in the interview which was held [on the 20th instant], that the localttiete they mentioned are not Treaty ports, stating that [what was contemplated] was ndt' iihat Consuls should be appointed, but merely that the Viceroy of India shotild appoint officials for the protection of traders, and interpreters be appointed by the British Minister to accompany them. 'i I i To this it must be urged in rejoinder, that no proviso exists [authorizing] foreign Governments tO station officials in the^interior of China ; and tbat> [althoughj yiinnan is conterminous with the Kingdom of Burma, the Chinese Government has never by -the terms of any enactment g4yen sanction to trade earned 'On within the -liinite of a subject state. Moreover, the British Minister is the Plenipotentiary of his country in China, and it is obligatory on the ^amfin of Foreign Affairs to transact with the British Minister,, according to Treaty, all matters of business '^ffecsting the two countries which may at, any time require attention. Art. 3. With reference to the >teBor of this Article, 'it was further explained by Mr. Fraser and Mr. Mayers that Mr. Wade proposed to allot 30,000 taels as indemnity for the- murder of Mr. Margary ; 30,000 taels for indemnity on account of other claims ; and t©:hQld the remaining 90,000 taels subject to decision as to the aniount' that may be demanded by the Viceroy of India, any surplus to be paid back to the Chinese Government. ,. Mr. Wade's own observation is that, in cases to be dealt with by the Chinese Government, it is the law of China that is to be applied, decision being formed according to the nature of the crime committed. Granting that in the case of Mr. Margary and those with him, who have respectively been put to death or wounded, the effects; of the party may have been plundered, .what must be done is to ascertain the actual particulars, and base an award of indemnity upon the value [of what has been lost}. This can. scarcely be fixed a priori. Other claims unconnected with the question at issue should be dealt with on their own merits. It cannot be contended that the existence of the ease which has now arisen justifies the indemnification of other claims, thus leading to no dhght amount of entanglement. 'uJ i. Art. 4. Mr. Wade has further communicated, with reference to this Artiyie, a Memorandum explanatory of diplomatic privileges. Owing to the difference which exists between Chinese and foreign usages (manners and customs), the forms of etiquette whieh should be observed in connection with the privileges of foreign Representatives, have .bee'n the subject of frequent discussion since the conclusion of the Treaties. A course of procedure was adopted, moreover, the year before last, in agreement between the Ministers of: th© five Powers and the Yain^n of Foreign Affairs. The Ministers explained, linithieir interview with Mr. Fraser and Mr. Mayers, the actual naltilre of the circumsfcarices by which they are at the present time debarred from making [other] arrangements, and of whibli -Mr. Wade is himself thoroughly cognisant. Art. 5. The matter referred to in this ATticle has been the sjubject of frequent SiQiiferences in tinae^ pa.s<;, and.the Y^mi^ hast already expressed its opinion on theisubject in the fullest manner. With regard to this Article, as also to Article VI, the points iait^iBSHe 8 should be dealt with on their respective merits, and "there is nothing to require that they should be implicated within the scope of the present affair. [Their separation is necessary] in order that the threads of current business be kept distinct. Inclosure 9 in No. 7. The Prince of Kung to Mr. Wade. ^Translation.) ON the 21st instant, the Yam^n of Foreign Affairs memorialized the Throne, stating that the British Consular Interpreter Margary had been murdered on the frontier of YUnnEfU, and requesting the issue of a decree commanding Lin Yo-chao (Governor-General), add T's6n Yii-ying (Governor of Yunnan), to make appointment without delay of intelligent and judicious officials to proceed to the spot and institute effective inquiry and action, without the slightest approach to trifling withi.he affair. On the same day the following Decree was received : — " The Yamen of Foreign Affairs memorializes, stating that a British Consular Interpreter has been murdered in Yiinnan, and requesting that injunctions be issued for inquiry and action. The memorial states that in the course of the first moon of the present year (February, 1875), the British Interpreter Margary and his party were proceeding from Burma into Yiinnan, when, at a town 50 li (17 miles) south-west from the seat of Government of the Shan Principality of Sanda, subject to the Prefecture of Yung-ch^ng, they were attacked by troops in the service of Government and [Mr. Margary was J murdered. Let Ts'^n Yii-ying institute effective inquiry and action in this case. We likewise ordain that Lin Yo-chao do with all promptitude betake himself to his post,* and co-operate with the Governor ^in selecting officials of intelligence and ability to deal with the matter as justice requires. Let there be not the slightest approach to trifling (or ambiguity) in the matter." The foregoing, having been reverently received, is communicated for the British Minister's information. Kwang Su, 1st year, 2nd moon, 15th day (March 22, 1875). ' Inclosure 10 in !N'o. 7. Mr. Wade to the Prince of Kung. Sir, Peking, March 22, ISI 5. I RECEIVED this evening a despatch from your Imperial Highness, informing me that the Tsung-li Yamen had yesterday addressed the Throne on the subject of the murder of Mr. Margary, which I brought to your Imperial Highness' knowledge on the 12th instant. The Imperial Decree which your Imperial Highness has done me the honour to communicate to me in the despatch under acknowledgment, instructs the Provincial Government to "ch'a pan" (hold inquiry and inflict punishment). Your Imperial Highness' despatch, and a Memorandum sent with it from the Ministers who called on me on the 19th instant, as a reply to one I had forwarded to their Excellencies the same evening, confirm my apprehension that the Chinese Government does not intend to wait until a British officer can reach the scene of the outrage. I must beg your Imperial Highness' careful attention to the language of mv despatch of the 18th, and of my note of the 1 9th instant. ^ "ehpaicn The history of the past, as I have therein observed, obliges me to regard the presence ot a British officer at the investigation as indispensable, and it is mv duty once more to warn your Imperial Highness that I cannot report any inquiry satisfactory at which a Bntish officer shall not have assisted. There are various passages in the Memorandum of the Ministers of the Yamdn in which the meamng of what I have said or written is shown to have been misapprehended I shal reserve my explanations for a separate occasion. The particular object of thii despatch is too important to admit of delay. j ^-^ ui ims I renew, &c. (Signed) T HOMAS FRANCIS WADE. isit trPeSg!™""""^'"""'^ " '* ^™'"' taking a cong-e in hi, native province, while returning to hi, post troot a visit Inclosure 1 1 in No. 7, ■ "V'^r? Mr. Wade to the Prince of Kung. Sir, Peking, March 24, 1875. I HAVE the honour to transmit officially to your Imperial Highness a copy, in English and Chinese, of the Memorandum which I laid before your Imperial Highness this afternoon at the Yam^n. I am sending a telegram to the Earl of Derby to inform his Lordship of the demands that I have made. I rciiGW &c (Signed) ' THOMAS FRANCIS WADE. Inclosure 12 in No. 7. Memorandum. Peking, March 24, 1875. IN the matter of the attack on the Indian Mission in Teng-yiieh-chow, and the murder of Mr. Margary, the course of action which Mr. Wade calls upon the Chinese Government to pursue is as follows : — 1. It being before all things essential that inquiry into this case be conducted as Articles XVI and XVII of the Treaty of Tientsin requires, the Prince of Kung is called on to promise that the Yiinnan authorities shall be instructed to see that no one, whether official or private person, who may be charged either with directing or promoting the attack on the British officers and others travelling under passport through Momein, or with taking direct part in the murder of Mr. Margary, be put on his trial before the arrival of the British officer or officers who may be sent to assist at the investigation. Mr. Wade is to be immediately furnished with passports for two officers and their attendants to proceed to Momein, either overland through China, or by way of Burma, as may be deemed convenient. 2. Mr. Wade is to be immediately furnished with a passport in the same form as that forwarded to him in July last, to enable a second expedition, should the Viceroy of India see fit to send one, to enter Yiinnan by the same route as that prescribed to the expedition repulsed in February. The Prince of Kung will write officially to Mr. Wade to state what further measures it is proposed shall be taken to insure the new expedition against molestation. 3. The Prince of Kung is called on to have placed in Mr. Wade's hands, or made payable to him on demand, the sum of 150,000 taels, to be applied, whole or part, to such purposes as Her Majesty's Secretary of State for Foreign Affairs and Her Majesty's Secretary of State for India, when in possession of the whole of the circumstances of the case, shall determine. Should the Secretaries of State decide that none of this money is to be accepted, it will be returned to the Chinese Government. Inclosure 13 in No. 7. Mr. Wade io the Prince of Kung. Sir, Peking, March 25, 1875. IT appears that the Ministers who received Mr. Eraser and Mr. Mayers at the Yamfin on the 20th instant have misunderstood the observation I instructed those gentlemen to make to the effect that if the Government of India saw fit to leave an officer at Yiinnan-fu or at Tali-fu to watch the trade, I should be prepared, with the approval of Her Majesty's Government, to place an interpreter at his disposal. The Government of India desiring to possess itself of information that might prove useful to the traders of the Province of British Burma, between whom and the Province of Yiinnan there is, in times of peace, a considerable traffic, i-esolved to send a mission headed by an officer, who would be accompanied by three or four gentlemen. They were to make a tour through the Province and report upon the conditions of the trade. When therefore I applied last summer for the passports, the Yam^n was informed of the official character of this mission, and I stated that the passports were applied for, in the terms of Article IX of the Treaty, as for persons touring, not travelling for purposes of trade. "'Though provided with passports from the Chinese Government they have been attacked in Chinese territory by a force sent from Momein, and one of their number has been barbarously murdered. I wished it to be understood that if the Government of India [344]- C, ,^ 10 8aw fit to send a second mission under the sapfie forrn of passport into Yunnan and were to direct it to remain there for a longer or shorter Space of time as it might determine, it would be under Treaty at perfect liberty to do so, should this course appear to it essential lo the accomplishment of the object of the mission. The Ministers appear to have thought that I claimed the right to put Consuls in Yunnan. Last summer when a misunderstanding with Japan appeared imminent, it is true that among the recommendations I confidentially submitted to the Tsung-li Yam^n of measures calculated to propitiate the Western Powers, I included the suggestion that China should concede the right to foreign Powers to place Consuls in Yunnan and Ssu-chuan ; but I particularly mentioned that all I suggested was the exercise of such a right only if it should appear convenient : that I suggested it because I thought that it would tend to diminish the chance of Romish missionary complications in those provinces ; lastly, that I greatly doubted whether my own Government would elect, if it had the right, to place a Consul in either province. The Yam^n has erred through over-suspieiouspess. I had no intention, nor has the Government of India, of going beyond the Treaty in the matter of passport privileges ; but the right to remain in the interior under passport can no more be denied to British subjects, official or non-official, than it is denied to the Romish missionary ; and I must repeat what I said yesterday that if British subjects are molested, or their trade interfered with, as has been the case at Nan-chang, Kwei-chow-fii, and now in the Momein atrocity, the frequent presence of British officials at inland centres, to wa.tch proceedings, on occasion it may be to remonstrate with the local authorities, in any case to report the facts, can hardly fail to become an indispensable necessity. 1 renew &c. (Signed) ' THOMAS FRANCIS WADE. Inclosure 14 in No. 7. The Prime of Kung to Mr. Wade. (Translation.) THE British Minister spoke with the Prince on the 24th instant with reference to the murder of Mr. Margary on the frontier of Yiinnan, handing in at the same time a Memorandum setting forth, in three separate clauses, the course of action [which Mr. Wade called on the Chinese Government to pursue] ; and at a later hour on the same day the Prince received the British Minister's despatch, inclosing a Memorandum, which, on being attentively perused, is found to be in all essential respects the same with that handed in at the previous interview. The Prince has to observe that, in the treatment of affairs in an amicable spirit by the two. Governments, cases of such importance as that at present in question must necessarily be discussed and dealt with on both sides according to Treaty with due consideration of what is just and with a dispassionate mind. The Prince feels it incum- bent upon him, therefore, lo forward to the British Minister herewith a Memorandum of observations in reply to that received from him. Kwang Sii, 1st year, 2nd month, 18th day (March 25, 1875). Inclosure 16 in No. 7. Memorandum annexed to the Prince of Kung's Despatch of March 25, 1875. (Translation.) *u . .Y^™ reference to the first clause of Mr. Wade's Memorandum it must be observed that the provisions of the XVlIth Article of the Treaty are confined to cases occurring at Treaty ports, where Consuls are stationed. In the present case it is right that steps be taken, as the British Minister, intimates, in conformity with the sense of the XVIth Article of the rreaty It has already been distinctly affirmed in the Memorandum forwarded to the Brili-h Mmister on the 22nd instant that it is the duty of the Yam^n to use the most determined and earnest efforts towards the effective discovery of the actual perpetratoVs of the crime committed, and to punish them according to law! as also that whether officials be deputed by the British Government or no, the Chinese Government will assuredlv not be disposed to tnfle with the case. The Prince [will] further write to the authorities of the Province of Yunnan that ihe action taken according to Article XVI of the Treaty must be ot a due and satisfactory nature. ^ ^ 11 2. With regard to the application for the issue of fresh passports like those issued for purposes of travel in July last, the answer must be given that action must of course be taken under Article IX of the Treaty. On receiving from the British Minister a statement of the number of individuals [for whom passports are asked], in the same way as last year, the passport will be sealed and returned as before. Instructions will at the same time be dispatched to the Government of Yiinnan, to adopt such precautionary measures as may be necessary to obviate the risk of harm. 3. With regard to the third clause of the Memorandum, as also to clause 3 in Mr. Wade's Memorandum of the 19th instant, respecting which it was stated by Messrs. Fraser and Mayers, at the interview held on the 20th instant, that 30,000 taels were asked as an indemnity for the murder of Mr. Margary, 30,000 taels in settlement of other claims, and the remaining 90,000 taels to be held subject to the disposal of his Excellency the Viceroy of India, a Memorandum in reply was returned on the 22nd instant, in wh ch it is pointed out that, " as Mr. Wade himself has observed, in cases to be dealt with by the Chinese Government, it is the law of China that is to be applied." Granting that, in the case in question, the party have been plundered of their effects, it still remains necessary that the actual particulars be ascertained, after which compensation may be awarded accordingly. It cannot well be fixed a priori. The British Minister is requested, therefore, to refer to this statement already on record. Inclosure 16 in No. 7. Mr. Wade to the Prince of Kung. Sir, Peking, March 26, 1875. I HAD the honour to receive yesterday your Imperial Highness's reply to my despatch of the 24th, communicating the demands which I had felt it my duty to make in the matter of the Momein outrage. I understand your Imperial Highness to state that there will be no difficulty about the issue of passports for a second expedition, should the Viceroy of India see .fit to send one, in the same form as those sealed by the Tsung-li Yam^n last year, and that orders will be sent to Yunnan imperatively directing that effective measures be provided for guarding against danger. In regard to the indemnity, on the acceptance and distribution of which I have left it to Her Majesty's Government to determine, there is a confusion between my demand for this and my demand for the punishment of the persons who may be found guilty of the outrage in Momein, a confusion which, after my explansitions of the 19th and the 24th instant, ought not, in my opinion, to have been looked for. However, on both subjects, the indemnity to be claimed of the Chinese Government, and the punishment according to Chinese law of the persons found guilty, I shall have time enough to make my meaning clear on a future occasion. The demand foremost in importance of the three that I laid before your Imperial Highness is that a British officer shall be present at the proceedings which the Imperial Decree of the 21st has instructed the Government of Yunnan to appoint carefully-selected officers to institute. It is not necessary that in this despatch I should re-enumerate the instances of treachery and atrocity of which in the last few years foreigners have fallen victims, either by the direct action or the culpable indifference of Chinese officials. The consideration on which I have from the first laid stress is this, that experience of the past makes it impossible for a foreign Government to accept as satisfactory the result of proceedings which have not been watched by a foreign official. It is for this reason that I have insisted so earnestly upon the necessity of having a British officer present at the proceedings which the Imperial Government has directed to be instituted in Yunnan. As I told your Imperial Highness at the Yam^n on the 24th, as compared with the satis- faction of this condition, the payment of 10,000,000 taels indemnity would be valueless. What I require is explicitly set forth in my statement of the first of the three demands laid before your Imperial Highness on the 24th, and I repeat most positively that if any person or persons, official or non-official, charged as principals or accessories with participation in the Momein outrage, be punished before an opportunity be afforded Her Majesty's Govern- ment of assuring itself, by the presence of a British officer, of the truth or falsehood of the evidence adduced on the trial of the accused, I shall feel it my- duty to impress on Her Majesty's Government, in the most uncompromising terms, my conviction that no report that may be received of trial or punishment ought to be accepted as trustworthy, What further action it may be necessary in such a case to take, it will be for Her Majesty's [344] C 2 IS, 1 Government to decide ; my course is perfectly clear. With your Imperial Highness* despatches before me, I dare not allow the loss of another moment. I molose three pass- ports, which I require that the Yamgn should seal and return to me before the evening of the 29th instant. Should this demand not be complied with, I shall consider my relations with vour Imperial Highness at an end. I shall place my Legation under the protection of the Representative of a friendly Power, and I shall myself withdraw, with my sinte, from Peking, as soon as it shall become practically possible for me to take this step. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 17 in No. 7. Mr. Wade to the Prince of Kung. Peking, March 26, 1875, - MR. WADE, Her Britannic Majesty's Minister at Peking, issues the following pass- port : — " Whereas, at the instance of the Viceroy of India, a passport under date 3 1st July, 1874, was issued by the British Minister, to enable a small party of British officers and others to cross the frontier from Burma into Yiinnan, information has been received from his Excellency the Viceroy, that on the 22nd February, this party was attacked near Sanda, in the jurisdiction of Teng Yiieh T'ing, by a body of Chinese troops, under orders of the Momein authorities ; and that a British officer belonging to the party having been decapi- tated, with his Chinese followers, their heads have been exposed on the walls of the town in or near which the act was committed. " And whereas, in reply to a Memorial of the Tsung-li Yamen, praying that officers be sent to the spot to institute proceedings, and to take action, an Imperial Decree of the 21st instant, has instructed the Government of Yunnan to depute competent officers to take such steps as justice may require, the British Minister now issues a passport to , an officer of Her Majesty's service, in order that he may immediately proceed, either overland or by sea, as may be found advisable, to the locality above indicated, to be present at the examination of any persons who may be brought to trial in this case. "This is to inform all officers of the Chinese Government, to whom the passport may be exhibited, of the character and mission of the British officer holding it, and to invite them to afford him the protection which, on the part of the Chinese Government, the Tsung-li Yam^n has promised; and in guarantee whereof the seal of the Yam^n is affixed to this passport." Inclosure 1 8 in No. 7. Mr. Wade to the Prince of Kung.- Sir, Pehing, March 27, 1875. I HAVE the honour to refer your Imperial Highness to my despatch of yesterday evening. It is my duty to add that when the passports therein demanded are sent to me, I shall require with them a formal assurance in writing from your Imperial Highness that no person charged, whether as principle or accessory, either with having moved or caused to move the troops which attacked the British Mission in Momein, or with having directed or taken part in the murder of Mr. Margary, be put on his trial or punished before the arrival of the officer or officers to whom the passports in question are issued, for the purpose of enabling them to hear the evidence that may be taken for or against the accused. Without this engagement these passports will not be'of the slightest value, and unless it be given I shall leave Peking whether the passports be sent me or not. I renew &c. (Signed) ' THOMAS FRANCIS WADE. Inclosure 1 9 in No. 7. Mr. Wade to the Prince of Kung. Sif, Peking, March 27, 1875. IN continuation of my despatch of the 26th instant, I have the honour to refer your Imperial Highness to the rematk therein, that from the Memorandum inclosed to me on the 25th instant, there appeared to be some confusion between my demand for the punish- ment according to law of those who may be convicted of having taken part directly ur indirectly in the outrages which haVe occasioned this correspondence, and my demand that !3 a sum of money be made payable to my order to be hereafter disposed of as Her Majesty's Government may decide. I repeat that the explanations 1 have already given are, in my opinion, sufficient to prevent misunderstanding of my meaning. However I will restate the case even more fully than before, A party of British officers and others, to whom passports under the seal of the Tsung- li Yamen were issued last July, authorising them to pass from Burma into Yiinnaa, and to travel in China, were attacked on the 22nd February by a Chinese force in the sub-prefecture of T^ng Yueh, otherwise Momein. My authority for this statement is a telegram from the Viceroy of India, who had received a telegram to this effisct from the Chief Commissioner iii Burma, a high officer of the Indian Government residing a,t Mandalay, capital of the kingdom of Burma. From an observation made by one of the Ministers who called at the Legation on the 1 9th instant, it is evident that the Chinese Government is unacquainted with the relations between Burma and England ; it is unaware that a large portion of Burma is a British province, and that, with the consent of the King of Burma, British officers of the Indian Government are stationed permanently at different points in his dominions for the surveillance of British interests. They are well acquainted with the language and people of the country, and their information is excellent. In the telegram of the 2nd instant the Chief Commissioner in Burma states that the body who attacked the British party was but the advanced guard of a force of 3,000 men sent down by the Momein authorities to annihilate the British expedition. Of this, adds the Commissioner, there is not any doubt. He goes on to say that Mr. Margary was killed with his Chinese servants at a town called Man-yiin (I am not sure of the Chinese characters used to write this name), and that his head and the heads of his servants were exposed on the walls of the town. Mr. Margary, as your Imperial Highness is aware, was sent by me to meet this mission. Being thoroughly alive to the importance of having some one with the mission who, besides being acquainted with the Chinese language, was in other respects a competent agent, I specially selected Mr. Margary, a young man of great promise, for the service. Since the arrival of the Viceroy's telegram announcing his murder, I have received, by way of Rangoon, a note written to me by Mr. Margary from Bhamo, dated the 18th January. * From this it appears that on reaching Momein he had found letters waiting for him from the Political Agent of the Indian Government stationed at Bhamp in Burma, informing him that the expedition would not be able to move forward quite so early as had been expected, and leaving it to him to wait for it at Momein or to come on as he thought best. After some reflection Mr. Margary pushed on to Nan-tien and thence to Man-yiin, at which place he found Li Ssu-tai engaged in an attempt to establish regulations for the / trade of the tribes in the neighbourhood. From Man-yiin he sent on bis Chinese messenger Liu to Bhamo for instructions. Several days passed before Liu returned. During the whole of that time Mr. Margary remained at Man-yiin, where he reports that Li Ssii-tai treated him with the greatest civility. I draw particular attention to the fact of his friendly reception by Li Ssii-tai, and of / his prolonged residence at Man-yiin ; because, according to the Chief Commissioner's ' telegram, it was by Li Ssii-tai's nephew that the attacking party was commanded on the the 22nd February, and it is in or near Man-yiin that Mr. Margary and his Chinese attendants were barbarously murdered. I most distinctly protest, therefore, before any inquiry takes places, against all explanations attributing what has happened to misconception of the nature of the mission that has been repulsed. It consisted of a military officer, a medical man, an interpreter, and a civilian tourist without any official character — the four persons, in short, for whom the passports of July last were obtained. The Government of Yiinnan was advised by the letter from the Yamen, which Mr. Margary carried with him, of the approach of the mission, and the direction it would probalily take. The Governor of Yiinnan sent officers with him as far as Yung Ch'ang. Mr. Margary passed a number of days at Man- / viin in friendly intercourse with Li Ssii-tai, and the telegram announcing his arrival at / Bhamo on the 17th January, which called for my letter of acknowledgments addressed to your Imperial Highness on the 3rd March, assured me (of course, on the testimony of Mr. Margary), that the Chinese officials in Yiinnan were anxiously awaiting the mission. It would be vain, in the face of these facts, to allege that the movement of troops by the Momein authorities was due to their alarms or suspicions. 14 And this brings me to the offences to be punished. There is, first, the attack on the Mission travelling under passport, and then the murder of Mr. Margary. The attack oft the Mission is described by the Chief Commissioner in Burma as having been ordered by the Momein authorities. The authorities in this jurisdiction, as every one knows, are a general officer of the high rank of Tsung-ping and a sub-prefect. If the Tsung-ping or the sub-prefect, or both, gave orders for the attack upon thfe Mission without instructions from the Provincial Government, such an act, when followed by consequences so serious, as a late cause celebre has shown, exposes the official responsible to the severest punishment. If the movement of this force was ordered by the Government of Yunnan, the blame of the proceeding rests, of course, upon the latter as the superior authority of the Tsung-ping and sub-prefect. In the matter of Mr, Margary's murder, it will similarly have to be established not only who committed the act, but by whose orders it was committed. These are the offences for which I said Her Majestj''s Government would look for no more than such punishment as the laws of China prescribe. The grand essential is a fair investigation, and at this it is imperative that a British officer should be enabled to assist. My demand for an indemnity is entirely distinct from the punishment of the guilty persons, official or other, to whom I have just been referring. As I explained to the Ministers of the Yamen when I first mentioned it, the sum I named was to be placed at my disposal for application, if Her Majesty's Government see fit, to the payment of an indemnity to the family of Mr. Margary ; to the reimbursement of the Indian Government in the expenses of the Mission just repulsed, and of a second Mission, should the Viceroy of India see fit to send one into Yunnan ; and lastly, to the liquidation of certain claims arising out of the acts or omissions of Chinese officials, settlement of which it has been found so far impossible to obtain. The demand for the sum of 150,000 taels, I have verbally explained, was put forward to enable me, if the Chinese Government had yielded, to inform Her Majesty's Govern- ment by telegram that I had accepted this sum as sufficient to cover all pecuniary claims as against the Chinese Government. I also explained that if my other propositions, none of which I observed involved concessions lying beyond the limits of the Treaty, were also given effect to, the adjustment of what I knew would produce a startling outcry in England, would not fail to be facilitated. As your Imperial Highness is aware, I have since informed Her Majesty's Govern- ment of the demand for indemnity laid before your Imperial Highness, and it remains to be seen whether Her Majesty's Government approve the amount I have named or the distribution of it I have suggested, or make demands of an entirely different nature. When the officials of a Government are shown to have acted not once, but during a term of years, repeatedly, with treachfery and ferocity towards the subjects of other Governments, it must rest with the latter, if their strength admit, to exact in a particular instance of the peccant Government such retribution as may at once atone for the past and make the future secure. Whether Her Majesty's Government, in the case of a crime like that perpetrated in Momein, will be content to receive a money compensation at all ; whether, if it be, it will regard the sum I have named as sufficient ; or whether it will insist upon satisfaction in the form of fresh concessions, I shall not take on me to predict. Your Imperial Highness will now, I trust, appreciate the motive of my reference to the subject of indemnity. But I repeat that it is entirely subordinate to my demand for such measures as will secure the identity of the persons guilty of the outrage in Momein or their condign punishment. It is on the guarantee of the first condition that I have dwelt from first to last as before all other considerations essential, and if the means to this important end be not placed within my reach in the form and within the time prescribed in my despatch of yesterday, your Imperial Highness may rest assured that I shall pursue the course [ have therein indicated. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 20 in No. 7. Mr. Wade to the Prince of Kung. Si^' „^ . . ,, r ■ \^ , . ^^^'"^S* March 27, 1875. TO prevent any further confusion upon the subject on the part of the Tsuno-.R Yamen 1 write to state that the discussion earlier raised regarding the rights of the British Minister as dpplared in the closing sentence of Article IV of the Treaty of Tientsin, is a matter entirely distinct from the demands made in my despatches of yesterday and this morning, as demands non-compliance with which will involve a rupture of relations. In a conversation with certain of the Ministers at the YamSn at the beginning of the new year I told them that the question was oqe respecting which great allowances had been made during the long minority which terminated in Feburary ] 873, and that the death of His late Majesty having rendered necessary a second minority, the duration of which could hardly be less than that of the first, it would be my duty on a fitting occasion to remind your Imperial Highness that the conditions of the Article quoted had never been fulfilled, and that the exaction of their fulfilment might at any time be open to Her Majesty's Government. 1 do not propose here to pursue the question farther. It is itnpossible that it should not one day be revived. The essential requirement of the moment is the communication of the papers which I have asked for, if I do not receive which by the time I have specified, I shall act as I have stated I would. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 21 in No. 7. Mr. Wade to the Prince of Kung. Sir, . Peking, March 27, 1875. TO prevent any farther confusion upon the'subject on the part of the Tsung-li Yam6n, I write to state that the discussion earlier raised regarding the rights of British merchants, as declared in Article XXVIII of the Treaty of Tien-tsin and elsewhere, is a matter entirely distinct from the demands made in my despatches of yesterday and this morning, as demands non-compliance with which will involve a rupture of relations. In a conversation with certain of the Ministers at the Yamfen at the beginning of the new year I told them that the question was one respecting which great allowances had been made during the long minority which terminated in February 1873, and that the death of His late Majesty having rendered necessary a secoad minority, the duration of which could hardly be less than that of the first, it would be my duty on a fitting occasion to remind your Imperial Highness that the conditions of the Articles referred to were very imperfectly fulfilled, and that the exaction of their fulfilment might at any time be open to Her Majesty's Government. I do not propose here to pursue the question' farther. It is impossible that it should not very shortly be revived. It is at the same time not to be confounded with the demands I have made regarding the Momein outrage. The essential requirement of the moment is the communication of the papers which I have asked for, if I do not receive which by the time I have specified, I shall act as I have stated I would. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 22 in No. 7. • Mr. Wade to the Prince of Kung. Sir, Peking, March 28, 1875. TO |)revent the possibility of a misunderstanding on the part of your Imperial High- ness as to the precise nature and extent of my demands in satisfaction of the outrage committed in Mornein, I shall briefly re-state my case. A small party of British officers and others entering Yunnan from Burma, with the full knowledge of the Chinese Government, central and provincial, and under passports furnished by the I'sung-li Yam^n, has been attacked in the sub-prefecture of Momein by a body of Chinese troops, sent against them, according to the Chief Commissioner of the Indian Government at Maniialay, by the authorities of Momein, and one of their number brutally murdered. After some cort-espondence and discussion with your Imperial Highness and the Ministers of the Yam^n, I laid before your Imperial Highness, in a despatch dated 24th instant, three propositions, which were in sum as follows: — 1. That I should have passports for such officers as I might choose to send to Yiin- nan to be present at the trial of the persons charged in this case, such persons to be put on their trial after the arrival of the officers I send. 16 2. That I should have passports to enable a second mission from India, should the Government of India see fit to send one by the same route to visit Yunnan. 3. That I should have placed in my hands the sum of 150,000 taels, or an order for such a sum, to be hereafter applied as Her Majesty's Government might decide I received a reply to the effect that the traveUing passport could be sealed and sent to me as soon as I furnished the names of the officers and other data, but that such mdem- nity only could be paid as might cover the duly-estimated loss of baggage and other articles sustained by the late mission. As to the despatch of British officers to the spot, your Imperial Highness observed, that it would be the duty of the Provincial Government of Yunnan honestly and energetically to make such inquiry as would possess it of the facts, to lay hands on the parties actually guilty of the murder, and to punish them as the law provides. Whether an officer of the British Government were sent forward or not, there was assuredly no disposition on the part of China to hush up the affair, or to close the affair by keeping back part of the truth. The presence of a British officer at the investigation I had from the first declared to be the condition beyond all others important, and as every day's delay is now of the most serious consequence, on receipt of your Imperial Highness' reply as above, in which the concession of this important demand was evaded, I addressed your Imperial Highness my despatch of the 26th, and J supplemented it by a second despatch on the following morning. The matter now stands thus : — Had your Imperial Highness seen fit to accede to the three propositions submitted in my despatch of the 24th, I should have pledged my Government, when the crime committed in Momein had been punished according to law, to demand no additional reparation. As your Imperial Highness is aware, I have informed the Earl of Derby, by telegram, that these propositions have been laid before your Imperial Highness. Whether, if the indemnity I have named be refused me, there will be claimed the same or some other concession, it will be for Her Majesty's Government to determine. Until the term prescribed in my despatch of the 26th expire, I am prepared to accept it if your Imperial Highness offers it, and to pledge Her Majesty's Government to accept it as sufficient. But the grand essential is the presence of a British officer at the proceedings to be had in Yiinnan, and my course will be this. If, within the time I have prescribed, your Imperial Highness sends me the passports and the communication I have asked for in my despatches of the 26th and the 27th, and at the same time agrees to place in my hands the sum of 1 50,000 taels, I shall telegraph to Her Majesty's Government that no farther demands in reparation of the Momein outrage should be made beyond the punishment according to law of the persons whose guilt may be established on the trial, at which the British officers sent by me are to assist. Should your Imperial Highness, though still declining to accord the indemnity I demand, supply me with the papers above specified by the time appointed, I shall continue in relations with your Imperial Highness, but I shall at once proceed to Shanghae to request instructions as to what farther measure of reparation, whether in the form of indemnity or otherwise, I am to demand. If by the time appointed I do not receive the papers required in my despatches of the 26th and and the 27th, then, whether indemnity be promised or not, I shall break off relations with your Imperial Highness, and withdraw the Legation from Peking. I have to add that if relations are broken off, I shall not renew them until I am directed by Her Majesty's Government to renew them, and that 1 shall urge Her Majesty's Government in the strongest manner to defer their renewal until the Chinese Government shall have made such additional concessions as will more effectually secure to Her Majesty's subjects and servants in this Empire the enjoyment unmolested of every legitimate right. ^ I renew, &c. (Signed) THOMAS FRANCIS WADE. P.S.— This despatch was being copied when' the Ministers who, by your Imperial Highness desire, came to see me to-day arrived. Nothing that has fallen from their Excellencies affects the decision I have already had the honour to communicate to vour Imperial Highness. Their Excellencies will, of course, repeat what I have said to them and I see no occasion for farther conference on the subject. If your Imperial Highness be willing to make the arrangement I have proposed to the Ministers, Mr. Mayers will proceed to the Yamen to morrow, at any hour that may be convenient, to withdraw the passport I inclosed in my despatch of the 26th instant, and to examine the draft of the despatch which your Imperial Highness desires to substitute for it. If your Imperial ,17 Highness is determined not to yield this point, I feel it my duty, after all that has passed, to be on my side equally tenacious. T. F. W. Inclosure 23 in No. 7. The Prince of Kung to Mr. Wade. (Translation.) WITH reference to the murder of the British interpreter, Mr. Margary, on the frontier of Yunnan, the Prince has to acknowledge the receipt of Mr. Wade's despatch of the 25th, his despatch of the 26th, and his four despatches of the 27th instant, all of which have been attentively perused. From the tenor of these several communications on the requirements of the case, it is apparent that the question of primary importance is that the oflScersto be named by Mr. Wade to proceed to Yiiniian shall be present at the trial which is to be held in that province. It has already been declared by the Ministers of the Yam^n, in their interviews with Mr. Wade, that this case [being] of a serious nature, it is agreed that the course above mentioned shall be followed, and that the Government- of Yunnan shall be written to with directions that the officers now being sent to the province are to be allowed to be present at the trial of the case in question. Also that, as regards the passports to be used, they should be drawn up according to Treaty and to the prece- dent of last year. The further observations made by the British Minister, including a remark to the effect that, if the Prince had his difficulties, the British Minister must say the same, have all been brought by the Ministers to the Prince's knowledge. Subsequently to the interview in question, Mr. Wade's despatch of the same date was received, in whioh it is stated that if the Prince accepts the proposals made to the Ministers, Mr. Mayers could be instructed to call at the Yamen at any hour on the following day to withdraw the passports previously sent in, and to see the draft of the despatch to be forwarded on the Prince's part. To reply in a concise but distinct manner, the Prince will now state that, in view of the extremely grave nature of the present case, he consents that the officers to be appointed by Mr. Wade shall be present at the trial of the case in question when held by the autho- rities of Yunnan. The passports to be given them shall be drawn- up in accordance with Article IX of the Treaty, and with the precedents of former years, including that of July last, instructions being sent at the same time to the Governors of the different provinces to take action accoirdingly. ■ If the British Minister will draw up passports in the form of those used last year, and send them to the Yamen, they shall be sealed and returned without delay. The Prince is further willing to make a concession in this case beyond the limits [which may be considered due], that is to say, with reference to the question of indemnity put forward by the British Minister, he would consider the propriety of acting in the manner which the British Minister had suggested respecting the award of compensation to the family of Mr. Margary, as stated by Mr. Fraser and Mr. Mayers in their interview with the Ministers of the Yamen. No memorial to the throne or official report has, for the present, been received from the Government of Yunnan with reference to the affair in question; but the Prince, in his earnest regard for the friendly relations between the two countries, and profoundly grieving for the unhappy fate of Mr. Margary, is impelled to overstep the ordinary bounds and to propose this measure in advance [of the receipt of further information]. This done, the Prince's regard for what is due to the friendly relations subsisting between the two countries [will be seen to be] exerted to the uttermost. His earnestness in the treatment of the present case in the stage at which it has arrived [will be seen to] lack nothing of completeness. The extreme of consideration having been reached, and the utmost limit of just requirements attained, the mind need have no cause for self-accusation, and the sight of others may be freely faced. The Prince forwards this communication in reply to the British Minister. P.S. — If the British Minister agrees with the above, the Prince requests that, as already prdposed, Mr. Mayers be sent to the Tsung-li Yamen to have a copy made from the drafts of the passports issued last year, filling in the names of the officers to whom they are to be given,' and the number of individuals for whom they are required, the necessary steps being taken thereupon as previously agreed. Kwang Sti, 1st year, 2nd moon, 22nd day (March 29, 1875). [344] D 18 Iiiclosure'24 m No. 7. Mr. Wade to the Prince of Kung. gjr^ Peking, March 29, 1875. I HAVE the honour to acknowledge receipt of your Imperial Highness' despatch of this date. The offer of indemnity therein made I beg most positively to dechne. Ihe whole question of indemnity must n0w be referred to Her Majesty's Government. What I am prepared to do in the matter of the passports, Mr. Mayers will explain t<» the Ministers who receive him at the Yamen. T renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 25 in No. 7. The Tsung-li Yamen to Mr. Wade. (Translation.) PeUng, March 29, 1875 (received 9 p.m.) WITH reference to the matters discussed this day, as His Imperial Highness the Prince has not yet returned to his residence, the Ministers have been unable to take his instructions. In any case, however, one or other of the two courses which were spoken df to-day shall positively be adopted, viz., either the Minister Superintendent of the Northern Ports shall be instructed to appoint an official to escort the officer who is to be appointed ty Mr. Wade to proceed to Yiinnan, in which event passports shall be given in the form ikid before the Ministers by Mr. Mayers this afternoon, or eke the passports sent in by Mr. Wade on the 26th instant shall be sealed and returned to him. As time does not admit of the necessary steps being taken this day, the Ministecs write the present note, and they will further address Mr. Wade on a determination being arrived at to-morrow. The official replies shall be forwarded when time permits (or in good time, — time bang allowed.) Inclosure 26 in No. 7. Mr. Wade to the Tsuug-li Yamm. Peking, March 29, 1875, 9 p.m. ' MR. WADE has the honour to acknowledge receipt of the note of their Excellencies the Ministers of the Yamin. Mr. Wade begs to remind their Excellencies that the time prescribed in his despatches of the 26th and 27th expires at 12 to-night. As, however, he has received the note under acknowledgment he will request Mr. Mayers to wait on their Excellencies to-morrow at any hour they may name. Mr. Wade has no new proposition to make. Mr. Mayers goes to the Yara^n merely to prevent mistakes. Mr. Wade, in conclusion, once more repeats that an essential point is that he should' be furnished with the explicit assurance he has asked for. Inclosure 27 in No. 7. Mr. Wade to the Prince of Kung. ^^''' ^ „ ^^^ , , Peking, March HO, 1875. I HAVE the honour to refer your Imperial Highness to my despatches of the 26th and 27th instant. In the first I stated that I required to have the passports inclosed forwarded to me duly sealed on the 29th instant. In the second I informed your Imperial Highness that unless these passports should be accompanied by a despatch from your Imperial Highness formally assuring me " that no person charged, whether as principal or aecessorv either with havmg moved or caused to move the troops which attacked the British mission in Momein, or with havmg directed or taken part in the mm-der of Mr, Margary be out on his trial or punished before the arrival of the officers to whom the passports in question are issued for the purpose of enabling them to hear the evidence that may be taken fnr nr against the accused." "'^ 19 ^ "Wthoat this engagement, I added, these passporta iw Her Britannic Majesty's Minister in Peking, issues the foHowing Paasport to . British officers proceeding by his desire t© YOnnan for the purpose of being [344] D 2 20 present at thfe trial of persons charged with the murder of a British officer in that province: — ~ This is to request the Governor- General of Yiinnan, and the High Authorities ot any other provinces through which the officers above mentioned may have to pass, to give orders, to their subordinates in charge of the frontier passes or elsewhere to treat them with civility, and to assist them on their way with" all speed. Dated Stamped with the Seals of Her Britannic Majesty's Minister at Peking and of the Yameh of Foreign Affairs. Inclosure 29 in No. 7. Passport for future Expedition from India. MR. WADE, Her Majesty's Minister at Peking, has received an intimation from the Viceroy of India to the effect that officers of his Excellency's Government are about to pass from ??[rto''Bm™l!, with a certain number of followers. The officers in question may return by the way they came, or may proceed by way of the Great River to Shanghae. This is to request the, Governor-General of Yiinnan, and the High Authorities of any other provinces through which the officers above mentioned may have to pass, to give orders to their subordinates in charge of the frontier passes or elsewhere to treat them with civility, and to assist them on their way with all speed. Their names and the names of their attendants are given below. Dated 1875. Stamped with the Seals of Her Britannic Majesty's Minister at Peking and of the Yamen of Foreign Affairs. Inclosure 30 in No. 7. Minute of Mr. Mayers' Visit to the Yamen, March 30, 1875. March ZO, 1875 {2nd moon, 23rd day). — Mr. Mayers called at the Yam^n and saw the same Ministers as yesterday, with the addition of Hsia. His Excellency Shfin stated that the Prince had decided to follow the alternative course proposed, viz., to grant the passports called for in Mr. Wade's despatch of yesterday, "and to appoint an officer to proceed accordingly with Mr. Wade's delegates to Yiinnan. Mr. Mayers delivered the purport of his instructions, laying particular stress on the necessity of a distinct assurance being given officially with the passports that no conclusive trial and punishment of the persons accused in this case shall be carried into eflFect bsfore the British officials are enabled to be present at the proceedings. Inclosure 31 in No. 7. The Prince of Kung to Mr. Wade. (Translation.) THE Prince has received the British Minister's despatch of this date, inclosing four passports to be stamped, of which two are intended-rfor officers whom the British Minister will appoint to proceed to be present at the trial held in connection with the murder of lir. Margary in Yiinnan, and two are provided for use in the event of a further expedition being sent by his Excellency the Viceroy of India, to proceed either from Burma to Yiinnan or by way of Yunnan into Burma. The Tsung-li Yam6n has affixed its seal to each of these passports, and they are forwarded herewith to the British Minister. The three passports which were sent in on the 26th instant are consequently at the same time returned. As regards the trial and punishment to take place for the murder of Mr. Margary in Yiinnan, the British Minister has required in his despatch of the 27th instant, that " no person charged, whether as principal or accessory, either with having moved or caused to move the troops which attacked the British mission in Momein, or with having directed or taken part in the murder of Mr. Margary [shall be allowed to] be put on his trial or punished; before the arrival of the British officers who are to be despatched to the spot." In reply, the Prince of Kurig has to state ithat, with- reference to this case; the Tsung-li 21 Yamfen has received in reply to its Memorial an Imperial rescript, commanding the Government of Yunnan to institute effective inquiry and action in the matter, as has already been communicated to the British Minister. On receipt of this Imperial command, the Government of Yunnan will necessarily act in reverent obedience, and proceed without delay.with an inquiry and judicial investigation. The Tsung-U Yamen is for the present in receipt of no reply from the Government of Yiinnan, informing it whether [the persons accused] have been placed on trial. Be this as it may, however, whether the parties concerned as accused or as witnesses have already been brought before a Court for examination or no, the Prince of Kung expressly declares that, when the time has arrived for the final decision of the case, the officers whom the British Minister is about to appoint for the purpose shall assuredly be present to watch the proceedings, in order to insure the integrity [of the action taken] and to guard against culpable leniency [in the treatment of guilty parties]. The Tsung-li Yamen has written to the authorities of Yiinnan, in addition to which the present reply is forwarded to the British Minister. Kwang Sii, 1st year, 2nd moon, 23rd day (March 30, 1875). Inclosure 32 in No. 7. Mr, Wade to the Prince of Kung. ■ Sir, Peking, March 31, 1875. I HAVE the honour to acknowledge your Imperial Highness' despatch of last evening, inclosing the four passports I had required, and conveying to me your Imperial Highness' positive assurance that the officers I am about to send to Yunnan shall be present at the trial of any persons charged with participation in the outrage which has occasioned this correspondence. In a note received on the night of the 29th instant from the Grand Secretarj' Sh^n and his colleagues, it was stated that the Minister Superintendent of Trade for the Northern ports would be called on to send an officer with those for whom I have obtained passports ; and in a_ telegram sent this day to the Foreign Office I have stated that they would be so accompanied. - I should be obliged to your Imperial Highness to lose no time in communicating with the Minister Superintendent, and to inform me how soon the officer his Excellency may select will be ready to proceed, in order that I may give the necessary directions. I proceed myself to Shanghae for this purpose upon the 3rd April.' I renew, &c. (Signed) THOMAS FRANCIS WADE. No. 8. Mr. Wade to. the Earl of Derby. — {Received June 6.) (Extract.) Shanghae, April 15, 1875. IN my despatch to the Prince of Kung of the 30th of March, T have referred to a letter received by me from Mr. Margary. Omitting a few observations which would only have been made to me confidentially, I have had a copy taken of this letter, which I have now the honour to forward to your Lordship. Inclosure in No. 8. Mr. Margary to Mr. Wade. (Extract.) Bhamo, January 18, 1875. HAVING reached Bhamo in plenty of time to join the expedition, I take the liberty of reporting my movements direct to your own hands. The last occasion on which I was able to communicate with Hankow iwas from Yung-ch'ang-fu, on the 29th December. After that I travelled on to T^ng-yueh, and there received a packet of letters ibrwarded by Captain Cooke, who is our Political Agent at Bhamo, informing me that the expedition was not to start till the middle of January, and directing me to join it at the latter place if it seemed practicable to do so. Captain Cooke himself recommended my awaiting its arrival at Teng-yueh, but left me free to do as I thought best. As there were only seven stages between Tfing-yueh and Bhamo, and four of these lay through the level plains of the Shan Principalities, over which there was no impediment to rapid marching, I was able to carry out a plan of co-operation which has thoroughly suceeedecj, Instead of waiting at Teng-yueh, I was at all events justified in pushing "on to Nan-tien, where the various routes converged ; and there was no danger in going further still up to Man-yiin (or Manwynne), whence I could fall back in two days, if I heard of the approach of the party, information being readily procurable. Accordingly I sent my very excellent messenger Liu (a man whom Mr. Medhurst kindly spared for my use), with all speed to Bhamo, whence he was to return and bring me definite instructions at Man-yiin, whether, to proceed or fall back. Liu reached Bhamo in six days, and was sent back with a Burmese guard of 40 men to conduct me over the Kakhyen hills. I had travelled leisurely on through the lovely valley of the Paiji (Shans), picking up information, and learning what I could of their language, and after a very delightful stay among the^e amiable people, crossed the savage territory with my queer escort, and reached Bhamo only two days after the arrival of Colonel Browne and Dr. Anderson. It was a delightful sensation meeting with a warm reception from such distinguished fellow-countrymen, and I was overwhelmed with congratulations on having carried out so splendid a journey. The English steamer which brought up Colonel Browne had been delayed nearly a fortnight by sticking on sandbanks, so that the expedition has not been able to start yet, and I have a prospect of perhaps ten days' rest beiore resuming the journey. As for my own disbursements, I feel pretty confident of keeping well within the hmit of 2,000 dollars, in spite of this extra bit tacked on to my journey. Everything has gone well. The Acting Viceroy of Hunan, Shen Tu-j6n. has helped me through with the most thorough hospitality and friendliness. He not only deputed two Wei-yuans of respectable rank to conduct me to Yung-ch'ang-fu, but sent such weighty instructions along the route that all the mandarins have felt constrained to show me every respect and the highest honours. I have only to except one official from this unreserved commenda- tion. The Prefect of Yung-ch'ang was pointedly rude. I have had most successful interviews, and met with kindness and civility throughout. It is not possible to give you a more detailed account in a hurry, for I am writing against time and the steamer's departure. But I have certainly been able to drop good seeds of amity and to remove; false impressions along the route. A very appreciative disposition exists towards the English. The famous Li Chen-kwo {alias Li Ssu and Li Hsieh-tai), who attacked the Sladea expedition, and has been called a brigand and other hard names, turned out to be an exceedingly comrteous, intelligent, and straightforward man. He has done everything to facilitate the advance of the expedition, and treated me with unexpected civility, even to ^the act of the Ko-t'ou. He was at Man-yiin with a special Commission to try and effect a Treaty with the savage Kakhyens, and to establish a regular system of tariff, and fixed stations for its collection, in lieu of the very irregular and vexatious black mail now,levied by these lawless hill men on the mule caravans. He was daily surrounded by a large conclave of savage chieftains and prominent townsmen discussing the subject from morning till night. He told me that the matter had yielded a tou-hsii at last. My Chinese have behaved excellently well. I hope to write again before we start ; in the meantime, I shall remain, dear Sir, in the firm hope of having gained your approbation. No. 9. Mr. Wade to the Earl of Derby. — (Received June 6.). My Lord, Shanghae, April 16, 1875. SOME expressions of a doubt have reached me as to the extent to which the authority of the Chinese Government is recognized in the country in which Colonel Browne's Mission was attacked. The city spoken of from the western side as Momein is the chief city of the Chinese sub-prefecture of T'eng-yiieh-t'ing, the residence of the sub-prefect, and a military officer styled " Tsung-ping," a title generally translated as General of Division. The latter has of course his own division under him, and is, besides, chief authority over the tribes in the vicinity, who recognize the Emperor of China as their suzerain. I inclose translation of a Memorial from the present Governor of Yiinnan, after the suppression of the Panthai rebellion, from which it will be seen that the Government of China claims full power over these tribes, whether in respect of control or protection. Its relation to them is precisely the sanie as that entertained by it to many wild highland races in the heart of the Empire, notably to those on the borders of Kwang-si, Hu-nan Kwei-chow, and the inland frontier of Yiinnan. It is noteworthy that the Erince of Kung in his late correspondence with me has im nowhere attempted tc^feHytfee ailUity of €be Chinese Government to doits duty as a Government in the country in question. Jhav&j&c. (Signed) THOMAS FRANCIS WADE. Inclfflsure in No. 9. ^ Sktmctftvm.»he''*^'Fe/king Gazette" of August 20, 1873 (12th year of Tung Che, 7th moon, 4th day). (Translation.) Chinese Jurisdiction in the Shan States of South Western Yunnan. — ^The Governor of Yunnan, Ts'en Yii-ying, memorializes as follows : — With reference to the Chieftains of the following territorial divisions, suhject to the Prefecture of Yung Ch'ang, viz. : The Shan Prefecture of Meng-ting. The 5> Department of Wan-tien. The }> Department of Chen-k'ang. The }} Tsaubwaship 1 of Ts'ien-yai. The }> » of Liung-ch'wan The if » of Chl-fang. The » j> of Sanda. The }> 3> of Lu-kiang. The W JJ of Mang-she. The 5J 3) of Nan-tien. The » }) of M^ng-mow. The Directorship of Latha and the following divisions, subject to the Prefecture, & Shun-ning, viz. : The Shan Tsaubwaship of Ktng-xaa; and The „ „ of M§ng-lien.* It has to be represented that the region of country they occupy is of very wide extent, in immediate contiguity to the barbarians of Burma. Since the outbrea.k of thie rebellion, some among these have sacrificed their all to relieve the necessities of the State, or have fallen in battle against the insurgents. Some have been compelled by the rebels to yield them suit and service ; and in the case of others, the legitimate branch has been overthrown through the machinations of members of the family, who have declared themselves invested with the functions of government as vicegerents. L In many cases the seals of office and warrants of title have disappeared, and the barbarian multitude know not where to look for authoritative guidance. , It is of urgent importance, now that peace has 'been established, to restore matters generally to a footing of order, to the end that ease and tranquillity may prevail throughout the frontier region. Your servant has now taken action, with his subordinates the Prefects, of Yung-ch'ang and Shun-ning under his command, to summon a general assembly of the native Chiefs, and to institute a detailed investigation, applying for rewards on behalf of those who have most highly distinguished themselves in the offensive or defensive opera- tions against the rebels, and preparing a return of those who have fallen in action or have otherwise sacrificed their lives on behalf of the State, to be submitted to the Throne with requests for tokens of Imperial sympathy. In the case of any who may be entitled to hereditary Chieftainships, the Governor will consult with the Governor-General with reference to the address of applications to your Majesty for confirmation of the succession. Where seals and warrants of title are missing, a re-issue will be applied for. Should there be any who continue to show them- selves hardened in iniquity, steps will be taken to sweep them from the face of the earth. The Governor, whilst not venturing to take rash and unwarrantable action, will equally feel it his duty not to show a culpable leniency in countenancing evildoers. By such means authority may be restored to vigour, and the barbarians of the marshes be * In the renderings given above, the comparatively well-known Burmese designation ." ts^ubwa " is employed for the equivalent high-sounding titles, of two or three different degrees, conferrred on chieftains of the Shan States. The three "first on the list are organized on the departmental system of the Chinese Empire, as part ai:the i^gular proviiicial administratiai). — W. F. M. 24 impressed with a feeling of awe, in fulfilment of your Majesty's desire for the prevalence of law and order along the frontiers of the Empire. No. 10. Mr. Wade to the Earl of Derby. — (Received June 6.) (Extract.) Shanghae, Aprill7, 1875. JUST before leaving Peking I again addressed the Prince of Kung on the appointment of an officer to accompany those who might be sent by me to assist at the investigation to be held in Yiinnan. I informed His Imperial Highness that my officers would be ready perhaps on the 25th, and not later than the 30th of March. • i- 'b- > When passing through Tien-tsin I instructed Her Majesty's Consul, Mr. Mongan, t© wait upon the Governor-General Li, as he was the authority who, the Prince had decided, was to choose the Chinese officer about to proceed, and to remind his Excellency, as I had already reminded the Prince, that the officer in question went not to take part in the inquiry, but simply as an additional guarantee for the safety of the British officers traveUing under passports. The Governor-General, who was prevented by the State mourning from leaving his Yamen, received Mr. Mongan very courteously, and entered at some length into a con- sideration of the routes by which his officer and mine were to proceed, and I received last evening a despatch from the Prince of Kung, translations of which I inclose. It contains all the assurances I could desire regarding the relations of the officer selected by the Governor-General to the mission I am to send. I know the man by repute, and have a good opinion of his intelligence. The Prince's despatch inclosed is really a reply to that from me; to which I have above referred. Copy of the latter shall be forwarded as soon as it is received from Peking. Inclosure in No. 10. The Prince of Kung to Mr. Wade. (Translation.) THE Prince has to inform the British Minister that a note was received on the 4th instant from the Minister Superintendent of Trade for the Northern Ports to the following effect : — " With reference to the case in connection with the murder of the British Interpreter, Mr. Margary, in which an official is to be appointed by this provincial Government to accompany the British officers who are to proceed to Yunnan to be present at the trial, I am of opinion that Sung Pao-hwa, a Prefect by rank, decorated with a peacock feather, and at present acting in the office of Maritime Sub-Prefect of Tien-tsin, as a man of a certain degree of intelligence, is a tit person for the discharge of this duty. I have instructed him to proceed at once by steamer to Shanghae, and to make arrangements with the officers to be nominated by his Excellency Mr. Wade with reference to the journey. He will call upon the local authorities along the line of route to afford efficient protection. His position will be that of delegate accompanying the British officers, but with no voice in the proceedings connected with the case to be brought to trial." The Prince transmits the foregoing, accordingly, for the information of the British Minister. Kwang Sii, 1st year, 3rd' moon, 1st day (April 6, 1875). No. 11. Mr. Wade to the Earl of Derby. — {Received June 6.) My Lord, Shanghae, April 17, 1875. . I HAD been unable to identify the town of Man-wyne, the scene of Mr. Margary's murder. Mr. Medhurst has drawn my attention to an account of embassies exchanged between China and Burma which was republished in the " Chinese Repository "for November 1840, from the journal of the Asiatic Society of Bengal. The account was prepared by Colonel Burney, formerly resident at Ava ; from the itinerary appended to the Burmese 25 Envoy's report of amiseion sent in. i 833^ it appears that Man-wyne, th^re spelt M6-wdn, is the Chinese city of Lung-chtien-fu, a, prefecture, or department, qf the Province of Yiinnan. In the language of the Shan tribes it is called Mung-wan. (See ''Chinese Repository," vol ix, page 473.) I have, &c. (Signed) THOMAS FRANCIS WADE. Eo. 12. Lord Tenterden to Sir L. Mallet. Sir, Foreign Office, June 16, 1875. I AM directed by the Earl of Derhy to transmit to you, to be laid before the Marquis of Salisbury, the accompanying printed correspondence relating to the attack upon the Yunnan mission and the murder of Mr. Margary. Mr. "Wade's proceedings, as reported in his despatches of the 14th, 15th, 16th, and I7th of April, have been approved, and I am to request you to move Lord Salisbury to favour Lord i)erby with his views as to the despatch of a fresh mission to Yunnan, and as to any indemnity which his Lordship may consider to be due to the Indian Government for the failure of the late expedition. I am, &c. .(Signed) TENTERDEN-. No. 13. The Earl of Derby to Mr. Wade. Sir, Foreign Office, June 16, 1875. I HAVE received and laid before the Queen your despatches of the 14th, 15th, 16th, and 17th of April, respecting your proceedings in regard to the attack upon the Yunnan mission and the murder of Mr. Margary, and I have to acquaint you that your conduct is approved of by Her Majesty's Government. The questions as to the demand for compensation from the Chinese Government, and the despatch of a fresh mission to Yunnan, are under consideration, and instruc- tions will be sent to you as soon as a decision has been taken upon them. I am, &c. (Signed) DERBY. No. 14. Mr. Wade to the Earl of Derby. — {Received June 21.) My Lord, Shanghae, May 1, 1875. I HAVE the honour to forward your Lordship translations of two despatches, dated 14th April, which I have received from the Prince of Kung, and' copy of my reply. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 14. The Prince of Kung to Mr. Wade. (Translation.) ON receipt of the British Minister's despatch of the 12lh of March, respecting the murder of Mr. Margary on the Yunnan frontier, the Yam^n of Foreign Affairs, on the one hand, wrote with the utmost despatch to the Governor-General and Governor of Yunnan to order an inquiry to be instituted and report to be made with all promptitude, and, on th^ : other, addressed a special Memorial to the Throne, in reply to which a Decree was received, ordaining inquiry and action in the matter. Rephes were at the same time addressed to the British Minister. These proceecfings were actuated by [a desire] to give due weight to [the treatment of J a case of murder, and to maintain unimpaired the relations [between the two] countries. Properly speaking, the correct course to pursue was to [344] E 26 await the Memorial in which the Government of Yunnan would, in obedience to the Iniperial Decree, have reported the actual circumstances of the case, and thereupon to address a communication to [the British Minister] and discuss the consequent arrange- ments. The British Minister, however, with an urgency admitting no delay, addressed communipations to the Prince with reference to ihe whole of the proceedings to be taken in the matter, on the 22nd, 24th, 25th, 26th, 27th, 28th, 29th, 30th, and 31st March and the 2nd April, to the 'number of fourteen in all. Whilst the Prince, on his part, had received no report from the provincial Government of Yunnan, distinctly setting forth the actual causes of the collision, the British Minister, on the other hand, was pressing him day- after day with an extreme degree of urgency, and he was consequently, for the monaent, unable to return a detailed categorical reply. He now feels it his duty to communicate answers to those portions of the despatches received to which it is necessary that rejoinde? should be made, in addition to the replies already forwarded to the British Minister on successive dates. These are appended, Article by Article, below for the British Minister's information. 1. On the 25th March the British Minister wrote to the effect that the suggestion that officers might he stationed in Yunnan to observe the conditions of trade was advanced in conformity with Article IX of the Treaty, which provides for travel in the interior, and did not at all imply the intention of appointing officers as Consuls there, and that [it might become necessary] to send British officials to inland centres, it may be to remonstrate with the local authorities, or in any ease to report upon facts. The Prince has to observe hereupon that the iXth Article of the Treaty has for many years been acted upon in conformity with its provisions. When passports were issued last year to the officers about to visit Yunnan, this was done, under Article IX, as to travellers. They were invested with no authority for the discharge of official functions, and they were consequently possessed of no powers of "remonstrance with local autho- rities." Inasmuch as the British Minister had undertaken nothing in excess of Treaty provisions, neither the Prince nor the Minist2rs of the Yam^n suspected him of any intention* to appoint Consuls to reside inYiinnan. The statements made and intentions eiitertained in this respect are distinctly understood on both sides, and will by both sides be adhered to. Touching the passports issued on the present occasion, however, for officers who are to proceed to Yiinnan, it is stated in these documents that the bearers are to be present at a trial. It was in consideration of the murder of Mr. Margary, whose fate is deeply- to \)C deplored, that a mode of action was conceded beyond the proper rule. What has been done in this instance must not be appealed to as a precedent. If his Excellency the Viceroy of India should send another party of officers to Yiinnan, the number of officers sent and their names must be set forth in the stamped passports which have been issued for their use, and the number of officers with their names be communicated by the British Minister to the Yam^n, in order that the particulars may be forwarded for the cognizance of the Government of Yunnan. 2. With reference to the Memorandum received from the British Minister on the 20th March, on the subject nf diplomatic rights and privileges as accorded by international usage, and his despatch of the 27th referring to the same subject in connection with Article IV of the Treaty, the. Prince has to state that Articles of Agreement were drawn up in the year ] 873 between the Prince and his colleagues and the Ministers of the five Powers, When His Ma-jesty the Emperor shall hereafter assume in person the reins of Government, action can be taken, as a matter of course, in conformity with this Agreement. Nothing further can be conceded. f 3. With reference to the British Minister's despatch of the 27th instant, on the subject of Article XXVIII and others of the Treaty, the Prince has to observe that as regards the payment of customs' and inland duties by foreign imports and Chinese exports, the XXVlIIth Article of the Treaty and the five Supplementary General Regu- lations afford a rule by mutual attestation, which it is obviously right should invariably be followed. Within the last few years, the Yam^n of Foreign Affairs has drawn up three rules relating to drawbacks, exemption certificates, and transit passes, which were trans- mitted for the information of the British Minister. If it be wished to arrive at a well- considered and satisfactory system of action, the only way to do so is by proceeding on this basis. Nothing further can be conceded, j ■ * Reference is of course made here to the explanation given in the despatch of March 23, in which f„i„r« possibilities are adverted to.— W. F. M. re y .ui... ^o, ,n wnich tulure f The ^'ord translated above as " conceded " may be rendered « negotiated," " discussed," or « aareed " TK sentence might jje rendered, " The matter admits qf jio further diso^8sion."^W. F. M. s • xne t See^previous foot note, 27 It was observed, in a note received from the British Minister on the 24th August, 1871, that " trade with China is to the advantage of foreign merchants, but through the abuses which [have arisen] in great nuniber, the Customs' revenue is caused to suffer." This remark, adequately proves how thoroughly the British Mioisler appreciates the conditions appertaining to trade. If merchants in general would but truly abide by the provisions of the Treaty, there would be no need whatever for the discussion of any further arrangements. Moreover, it has to be said, the permission given by the Chinese Government for the re-importation of native produce (the coast trade), was granted to the mercantile class as a privilege in excess of their rights. Since, however, abuses have grown out of this in daily increasing number, and the Customs' revenue from duties and tonnage dues has in consequence suffered continual diminution, the Chinese Government contemplates entering on a full consideration of this subject with the British Minister. 4. With reference to the despatch of the 2nd instant, in which the British Minister refers to a [possible] dispiosition to bar the way to free inquiry in connection with the officers who are to be sent to Yunnan, the Prince has to observe that he has consented to allow the officers in question, to be present to witness the proceedings when the case is finally brought to trial* in Yunnan, without any intention of subjecting them under restrictions (barring the way to inquiry). Beyond the fact, however, of [allowing these oflBcers to be] present to witness the trial, no promise has been made on the Prince's part. As regards the passage in the British Minister's despatch, to the effect that " no pains must be- spared in the attempt to arrive at the truth," it is, of course, for the Government of Yiinnan to adopt measures with* a view to guard against culpable laxity being shown. 5. In successive despatches the British Minister has treated of an indemnity in con- nection with the affair of Mr. Margary. On this subject it must be stated that in the case of crimes punished by the Chinese Government, the laws must guide the penalty to be inflicted. No compensation (or indemnity) is liable to be paid over and above the infliction of punishment for the act of crime, [l^evertheless] the Prince, mindful of the sad fate of Mr. Margary [was ready] to make a concession based on the British Minister's proposals, and offered compensation for any actual losses which might be proved on inquiry to have been sustained on the part of Mr. Margary and tho-e with him, whether killed or wounded, through the pillage of their effects* ; but to this the British Minister did not agree. In a subsequent despatch the Prince further offered to consider the propi'iety of acting in the manner which the British Minister had suggested respecting indemnity for Mr. Margary. This was unquestionably in excess of the legitimate bounds of liberal treatment, and beyond this no claim for indemnity could be entertained. The British Minister, in his reply, declined acceptance of the offer. In point of fact the circum- stances of the case should be investigated before deciding whether any compensation ought to be agreed upon. This point remains to be further dwelt upon. 6. As regards the passports originally given in this case, on the British Minister having specified the number of officers to be sent, and other particulars, and having apphed to the Yamfin for its stamp upon the passports, the Yamin communicated the particulars, as they were given, to the Government of Yunnan, for its information. All that the Government of Yiinnan, for its part, could do was to afford protection, with due care, to the officers, as specified, and under the circumstances as set forth in the passports which were given. If, in the case of Mr. Margary's expedition, or of any future expedi- tion to be sent by his Excellency the Viceroy of India to Yunnan, the number of the officers and other particulars should not tally with what has been set forth in the pass- port, the discrepancy even reaching, possibly, very wide proportions, it would be out of the power of the Government of Yiinnan, and of the local authorities also, to act on their side in conformity [with the wording of the passports]. This point remains to be further dwelt upon. Dated Kwang Sii, 1st year, 3rd moon, 9th day (April 14, 1875). Inclosure 2 in No. 14. The Prince of Kung to Mr, Wade. (Translation) IN the matter of the murder of Mr. Margary on the frontier of Yiinnatt the Prince has agreed, as a concession, beyond the limitfe of what is due, that the officers who are to be sent to Yiinnan by the British Minister shall be present at the trial to be held ; and, passports having been stamped, the Minister Superintendent of Trade for the Northern * " Ting-an," ft'/., the aettlenieht or disposal of a judicial case ; the proceedings taken when sentence is pronounced, as distinct from the preliminary hearing-. — W. F. M. r344] -E 2 28 Ports has been desired to appoint an official to accompany the officers on their journey, as has already been stated. In this case, however, when writing to request that action be taken, the British Minister had no knowledge of the causes of the collision which took place, whilst the Yam^n, on its side, was equally without information from the Provincial Government of Yiinnan. On the strength of the British Minister's communications the Prince memorialized the Throne, requesting that commands be sent to the Governor- General and (Governor of Yunnan to take action in the- matter. This step was actuated by a sense of the gravity of a case in which life had been taken, and by regard for the duties which relations of friendship impose. The British Minister, on the other hand, although unacquainted with the particulars of the occurrence, claimed an indemnity of 1 50,000 taels, which he alleged his willingness to accept as sufficient to cover all pecuniary demands on the Chinese Government, if the Chinese Government agreed to place that amount in his hands. He further declared that all the propositions he had advanced were within the limits of the Treaty. The Prince is at a loss to understand on what Treaty provision the British Minister has based his estimate of the indemnity he demanded, and it is impossible for him to avoid a feeling of perturbation, under the circumstances. The foremost requisites in the conduct of affairs between the two countries are a dispassionate mind and a well-intentioned disposition. It stands to reason, undoubtedly, that in matters of serious importance explanations cannot fail to be sought with all- promptitude. At the same time, in divers cases in which subjects of China have suffered death or injury at the hands of British officers or private individuals, and which have been the subject of negotiation between the Prince and the British Minister or his predecessors, the difference between the tone that has been taken in the rephes received, or in the action announced, whether in cases that have been terminated or in such as still remain pending, and the action which the YamSn of Foreign Affairs has wished to see taken, is attested by the records existing in relation to these several cases. The Prince, nevertheless, has at no time put the British Minister or his predecessors in an awkward position by bringing urgent pressure to bear upon them. [He would ask whether,] in all the years that have passed, in cases relating to Chinese subjects, officials or private individuals, who have suffered pecuniary wrong or bodily injury, or in cases of such gravity as homicide itself, there have ever been exhibited, in personal discussions, an inadmissible tone and demeanour ? and whether, for assent or refusal to propositions that have been advanced, a day and an hour have ever been fixed within which a definite determination has been insisted upon ? Impressed with the conviction that, in the treatment of affairs to which the two countries are pledged, the conduct to be mutually exhibited should be dispassionate and well-intentioned, the Prince and his colleagues, in cases of serious importance, in which the British Minister or his predecessors have not succeeded in arranging an immediate settlement, or in which the action taken has not been looked upon as satisfactory, have, nevertheless, felt that they could afford to be patient, trusting to find opportunities of dispassionate negotiation, with the object of attaining a fair solution of the questions at issue, to the end that the relations between the two countries might be maintained in their integrity. [As regards relations], no such thing as private intercourse has primarily subsisted between the Prince and the British Minister. Relations were inaugurated when Treaties were concluded for mutual intercourse between the two countries, [entailing] the conduct of affairs on an amicable footing. What is meant by the word " relations " are the relations between the Governments of the two countries, not relations between the two individuals, ourselves. In the case at present under discussion, no sooner was the British Minister's commu- nication received than action was taken in the manner indicated above, in which, it may be truly said, the Chinese Government went to the extreme limit required by the nature of the case, and fulfilled to the utmost the duties of courtesy, for the sake of maintaining unimpaired the relations of friendship subsisting between the two countries. In the British Minister's correspondence, nevertheless, there occurs, firstly, the passage that withdraw the regarding these demands, and if the documents be not sent to me by the hour I have named, I shall assume that the Chinese Government is trifling with me, and I shall declare most positively that my relations with the Tsung-li Yam^n will be broken off accordingly." Thus relations which are held in such high respect as the Prince [has here acknow- ledged], are, by the British Minister [as in the foregoing sentences], so lightly declared to 29 be broken off. It is perfectly understood that, on the passports having been given, the, British Minister had declared that relations would not be broken off; but in the apprehen- sion lest the British Government be not aware that the Prince's mind is bent upon the maintenance of relations, he begs, as the British Minister will doubtless be communicating with his Government during his present visit to Shanghae, that the observations set forth above may be transmitted by him to the British Government, and that the British Foreign Office should address a reply to the Prince direct, to the end that business may be tran- sacted hereafter in a dispassionate spirit, thus more effectually giving weight to friendly relations, as is the Prince's earnest hope. The present communication is accordingly addressed for the information of the British Minister. Kwang Six, 1st year, 3rd moon, 9th day (April 14, 1875). Inclosure 3 in No. 14. Mr. Wade to the Prince of Kung. (Extract.) Shanghae, April 28, 1875. T HAVE had the honour to receive two communications from your Imperial Highness, both under date the 14th instant. The first is intended to supplement the answers earlier returned to my despatches written between the 22nd of March and the 2nd instant, on the subject of the Yiinnan outrage ; the second is a protest against the peremptoriness with which I insisted on certain demands. I shall allow myself, before I go farther, to observe that the distinction between pro- positions advanced or pressed by me and demands insisted upon, has been more or less lost sight of, and that what has fallen from me on one or two points has, notwithstanding my explanations, been forgotten or misunderstood. The discussion is properly divisible into three periods. The first extends from the 12th of March, the day on which T first addressed your Imperial Highness, to the 22nd, when I received the Tsung-li Yamen's memorandum on the six propositions submitted in mine of the 19th, together with your Imperial Highness' despatch, also dated the 22nd, inclosing copy of the Emperor's Decree of the 2lst, by which the Governor-General of Yiinnan and Kuei-chou was directed to repair at once to his post. The second com- mences on the 24th of March, when your Imperial Highness did me the honour to receive me at the Yamen, and I laid before your Imperial Highness a second memorandum, from which, as I pointed out, I had excluded all reference to the appointment of a special Commissioner I had asked for on the 19th, or to the declaration I had hoped to obtain from your Imperial Highness regarding a stricter observance of Articles IV and XXVIII of the Treaty of Tien-tsin, The propositions retained in this second memorandum were three : tliat a specified sum of money should be placed in my hands to be applied as Her Majesty's Government might decide ; that passports should be given me for a second mission into Yiinnan, should the Government of India see fit to send one ; that separate passports should be given me for such officers as I might instruct to proceed to Yiinnan, for the purpose of assisting at the trial of any prisoners charged with the directing or taking part in the outrage complained of. In my interview with your Imperial Highness, though urging very strongly the pay- ment of th^ sum I had named, I at the same time impressed on your Imperial Highness that the condition on the satisfaction of which I insisted as essential, was still the presence of the officers I should send to assist at the trial ; without this, as I observed, millions of indemnity would be of no value whatever. Your Imperial Highness' despatch, discovering, as I conceived, a disposition to evade concession of this demand, the discussion entered upon its third stage upon the 26th of March, when I stated, in so many words, that if it were nbt complied with by a given day, I should leave Peking, and suspend my relations with your Imperial Highness. Now, to come to the two despatches under acknowle^ment. In the first of these, your Imperial Highness reviews and combats certain observations of mine regarding the detachment of British officers into the interior, should the protection of British interests render their presence desirable. My observations proceeded from a behef, which the tone- of the Ministers of the Yam^n with whom I had been in, conference suggested, that the demand for passports for a fresh mission from India would be resisted, I therefore desired Mr. Eraser to remind the Ministers who received him at the Yamfen on the 20th March, that if officers sent by the Viceroy to travel in Yiinnan were directed to remain there for a uutnber of years, there was nothing in the Treaty to prevent them. 30 I acquainted your Imperial Highness a few days ago that a ^ference still unsettled with the Government of Burma renders it, for the present, undesirable that British omcers should traverse Burmese territory, there is consequently no immediate prospect ot a mission being sent from India across the frontier. Should the Viceroy of India at any future time decide on sending one, he will communicate all necessary particulars to the Legation at Peking, and the Legation will be sure to transmit to your Imperial Highness wiiatever information it may receive from his Excellency. As regards the officers who, in this particular instance, are about to be sent to Yunnan, or whom the acts ot l^ninese officials may, on future occasion, render it necessary to send elsewhere, there is more to be said in due time ; but I shall first briefly notice the two subjects next adverted to in your Imperial Highness' despatch— the position, namely, of foreign Ministers at Peking, stipulated for in Article IV, and the taxation of trade inland as regulated by Article XXVlll ot the Treaty of Tien-tsin. To both I warned the Yam^n some days before his present Majesty was proclaimed, it would be my duty ere long to direct attention. I had no desire, I said, unnecessarily to embarrass your Imperial Highness, or to put forward what I might have to say in a form that would be distasteful, but how at the commencement of a Regency that promised to be of much the same length as the last, I felt bound to observe that, neither in respect of the one question or the other, xyas it to be expected that foreign Governments would show themselves as long-suffering as they had proved during the minority of the late Emperor. . . To take the last of the two questions first. So far as the irregularity and arbitrariness of inland taxation, whether in the form of " likin," or otherwise* are concerned, I shall content myself for the moment with remarking that if, as your Imperial Highness' despatch leaves it to be inferred, the Tsung-li Yam^n is determined to maintain that the Article is in general observed ; or if, when obliged to admit its violation, as in the case of the detention of imports in Kwei-chow-fu, the Yamen is unable to compel the local authorities to do justice to the foreign merchant aggrieved, the remedy lies easily within the reach of the foreigh Powers, and the Chinese Government must be prepared sooner or later for some such measure of retaliation as will suffice, while it indemnifies the sufferer for his loss, to secure him against recurrence of his wrong. 1 shall not attempt here a more detailed exposition of the nature of the wrong of which I complain. I could state nothing that is not as well known to the Tsung-li Yamen as to myself. It would require no great effort on the part of the Chinese Government to redress it, and the promise of reparation I desired to obtain from your Imperial Highness would have been acceptable not only as removing a serious cause of complaint, but as an earnest of the good faith and friendly dispositions of the Chinese Government. It was this consideration, as I have earlier explained, that appeared to me to justify connection of such a question with the conduct of a case so completely foreign to it as the Momein atrocity. For the introduction at such a moment of another question, in appearance equally little in direct relation with this atrocity — I mean the position of the Foreign Minister, — I have pleaded the same justification. I do not hesitate, at the same time, to declare that, however exclusively commercial in character the interests I am called on to watch in this country, I consider an improved appreciation of what is due to Foreign Ministers by the Chinese Government the foremost in importance of all propositions that it is the duty of the Tsung-li Yam^n to entertain, and for this plain reason, that until the cause which interferes with a due recognition of its obligations to foreign representatives by the Chinese Government be removed, its relations with t^he Govern- ments represented will continue to be what they have been up to this time, relations liable to be broken at any moment by the acts or omissions of Provincial Governors, or their subordinates, who, if not in so many words instructed by the Central Government to manifest a feeling of hostility to the foreigner, are but faithful to the principle by which the policy of the Central Government is guided, the principle of withstanding", either secretly or openly, eyevy movement by which China may be possibly committed to a departure from the traditions of non-intercourse. To this policy I ascribe most of the violations of Treaty, small and great, remonstrance against which forms the endless occupation of a Foreign Minister at Peking, but in particular those graver outrages which, in the last few years, have excited the horror and indignation of foreign communities. I am speaking here more particularly of those acts with the commission or non-prevention of which the authorities, rather than the people of China, are chargeable ; the murder, for instance^ of the Abbe Niel in Kwei-chow by order of the Provincial Commander-in- chief; the forcible detention and ill-treatment of Mr. Cooper when travelling under passport in Wei-si, by the Sub-Prefect of that jurisdiction ; the Tien-tsin massacre ; and now this attack, by order of the authorities of Momeim, upon a party provided with 31 passports from the Central Government. I say that, if the relations of China with other Governments had been such as are maintained between all other Governments in Treaty relations with China, if the Central Government had been at any pains to make it manifest to the Empire that it v/as not ashamed of intercourse with foreign powers, ami desired rather to cultivate than repel them, the Ti-tu of Kwei-Chow would not have taken on himself to direct the murder of the Abbe Niel, the Sub-Prefect of Wei-si Ting would not have laid hands on Mr. Cooper; the Prefect and Magistrate of Tientsin, instead of encouraging a belief that children were being kidnapped by the Sisters of Charity, would have taken steps to disabuse the people of a notion so false and ridiculous. Lastly, the Momein authorities would not have moved troops to overwhelm a small party of gentle- men, of whose entrance into Chinese territory the Chinese Government had beeii duly advised. Your Imperial Highness objects that in the last case I have as yet no evidence but the Viceroy of India's telegram. I admit it. But, as I have before observed to your Imperial Highness, the Government of India has officers in Burma of high standing; their means of information are excellent ; and when an officer of the rank of the Chief Commis- sioner in Burma telegraphs such or such an account of what has happened to the Viceroy of India, I am satisfied that his statement is substantially true. I am satisfied that, in the present instance, an act of treachery and violence has been done. What reparation Her Majesty's Government may feel compelled to exact remains to be seen, but I repeat that, were the intercourse of China and Her Majesty's Government on the same fooling as the intercourse of Her Majesty's Government and any other Government in Treaty rela- tions with it, such crimes as those I have enumerated would not be committed, and that instances of official misconduct — it is impossible that instances should not sometimes occur — would more readily admit of adjustment. The attitude of a foreign Power, when a difference with China arises, would not necessarily be, as at present, the attitude of a Power which feels that without intimidation or resort to force it has but a faint chance of obtaining justice. For myself, 1 can honestly affirm that during the fifteen years that, as Chief or Subordinate of Her Majesty's Legation, I have resided in Peking, the pertinacity with which 1 hAve again and again denounced the unwillingness of the Chinese Government to give that evidence, which a change in its bearing towards foreign Ministers wOuld give, of an abandonment of its determination to stand aloof from the rest of the world, has not been due to any desire for the personal glorification either of mySfelf or of my predecessors ; that it has not been more due even to a desire to see the development of the legitimate interests of my own and other Governments that I feel must follow upon a renunciation of its traditional exclusivism by the Government of China, than to a conviction of the danger to which its persistence in its refusal to draw near to the rest of the world must expose it. It is to this end that in past years I have never ceased to urge upon the Yamin the necessity of according to foreign Ministers a position akin to what they enjoy at other Courts ; a position that would significantly declare to the officials and people of this country that the Sovereigns, whom those Ministers represent, are their friends, and that their Representatives are consequently the privileged guests, of the Emperor of China. It is only when these conditions are satisfied as the Treaty requires, that China can be effectively represented abroad, and until she is so represented, she is at the mercy of a hundred dangers from which the pettiest States in the family of nations are comparatively secure. Your Imperial Highness cannot now fail to understand why, with such a cause to deal with as the Ytinnan outrage, I gave to matters so seemingly alien so prominent a place in the commencement of the discussion. Such a declaration as I asked for on the part of your Imperial Highness regarding them, with the payment of the sum specified, only to be applied under the conditions I mentioned, would have gone far to close a question of which, believing as I do in the intelligence telegraphed to me from India, I cannot but regard the solution as difficult in the extreme. I say would have gone far to close it. Punishment will, of course, have to be inflicted on the guilty. I have said that Her Majesty's Government would be certain not to demand punishment in excess of what the laiw of China prescribes for their offence ; and your Imperial Highness, in the second of your despatches under acknowledgment, asks how, having made this statement, I can consistently claim an indemnity. This question has already been answered in my despatch of the 27th of March, in which I showed that the indemnity was asked for as something entirely distinct from the punishment of the persons guilty, directly or indirectly, of participation in the attack on the Indian Mission or the murder of Mr; Margary, 32 I expressly stated that it was a thing apart in my first conference with the Grand Secretary Shen on the 19th March. I explained again and again why T had brought forward the question of indemnity at all, and under what conditions it was to be placed in my hands. The demand which I could not compromise was for passports, and when, after conferences and correspondence lasting from the 12th to the 26th March, your Imperial Highness still appeared to me to avoid the promise I required, that the officers sent by me should assist at the trial of the accused, it will be found that the indemnity is no more pressed for in my correspondence. Your Imperial Highness takes credit for the promptness with which the Yamen acted in this affair. It will not, I am certain, appear to Her Majesty's Government that the action taken was remarkably prompt when an outrage so terrible and so insulting to a foreign Government having been brought to your Imperial Highness' notice, nine days were allowed to elapse before the Tsung-li Yamen applied for the Decree which was needed to direct the attention of the chief provincial authority to investigation of the particulars of the crime. Your Imperial Highness takes credit, farther, as for an extraordinary concession, for the permission granted to any officer to be present at the trial of the perpetrators of the crime. Now, 1 hardly know an instance of a complaint involving judicial proceedings against a British subject by a Chinese being reported to the Tsung-li Yamen, in which the Yamen has not put forward a claim for the Chinese authority not only to be present at the proceedings, but to take part in them as judge. 1 have again and again had to dispute this pretension, notably in my communication of the 31st August last, relating to the Fawcett case. On the other hand, I have never 'denied the right of the Chinese authorities to be present in the Court so that they may watch the proceedings ; on the reverse, I have strongly advocated their presence. If the right be not admitted or implied in Article XVII of the Treaty, the justice of the claim is too patent to allow of its being disputed. And this is all I have claimed for the officers now about to proceed to Yiinnan. Your Imperial Highness informs me that their assistance at the trial they go to witness is not to be regarded as a precedent. I am compelled to rejoin that, while I continue Minister, no British subject provided with a passport will sustain an injury at such a distance from a port as to render it impossible for the case to be dealt with otherwise than on the spot, without my asserting, if I conceive it necessary, the same right that I now assert, the right to be surely informed liy my own agents of the nature of the evidence on which the Chinese accused may be condemned or acquitted. The Chinese Government will never be refused the exercise of this right in our Courts, proceedings in them are open to all comers, and the history of the cases above-cited, eminently the history of the Tien-tsin massacre, makes it in my opinion imperative that we should exact it of the Chinese Government. There is but one more argument to which I feel called upon to refer. Your Imperial Highness contrasts the patience ' exhibited by the Chinese Government when wrong has been done by British officers or people, which the Legation has not been able promptly to redress, with my demand for the production of the passports required within a given time, under penalty of a rupture of relations. No complaint of wrong done by British subjects has ever, to my knowledge, been rejected by the authority competent to inquire into it. I do not say that the result of the inquiry has been invariably such as to insure the satis- faction of the complaint ; it has been frequently the reverse. But your Imperial Highness would find, upon examination, that the decisions of our Courts, from which no one, be his nationality what it may, is ever excluded, are fully as often unsatisfactory to complainants of our own nationality. The suitor being a Chinese fares neither better nor worse than he would if he were a British subject. We shall be well content if the Chinese Courts are as careful to do justice by us as our own are by Chinese. As to acts done by British officers, there are on record, no doubt, some complaints which it has been impossible to satisfy ; but these are of no great number, and with very rare exceptions a powerful defence may be made for them. The acts referred to were done almost all at a time, when the country being overrun by rebels, and the seas infested by pirates, the duty of protecting the port commynities against both evils was cast almost as a rule upon the navies of foreign Powers. It is not to be denied that very serious mistakes were more than once committed, during the period I speak of, by British officers but it must be remembered, on the other hand,, how largelv, both at the ports and else' where, the Government and people of China benefited by their exertions. Were it otherwise, I deny that any parallel can 'be justly drawn between any act brought home to a British officer, civil or mihtary, and the outrage which has occasioned this correspondence. With the record of the past before me, I had no option but to insist on the production of the passports I demanded ; passports for a new mission that the Government and people of China might see that we are not to be deterred 33 by treachery or violence from an enterprise undertaken in the exercise of our legitimate rights ; passports for ofiScers to assist at the trial of the parties accused, in order that there might not be hereafter any question as to the identity of those parties, or as to the measure of justice dealt them. Your Imperial Highness is perfectly correct in affirming that "relations," in the sense of private relations, have never existed between your [mperial Highness and myself. I have never presumed to think that I had private relations with your Imperial High- ness. When I threatened to leave Peking, I acted as the Representative of a foreign Power is entitled to act if the Government to which he is accredited refuses to comply with his just demands. My departure from Peking would have involved a suspension of relations between my Government and the Government of China, which, unless my Government declined to approve ray action, would not have been renewed until the Government of China had complied with my demands or with some other demand which it might seem good to my Government to substitute for the first. I have little fear that my threat of the 26th March, when my correspondence with your Imperial Highness has been read, will be disapproved by Her Majesty's Govern- ment. The whole of that correspondence, with copies of every note, memorandum, and minute of Conferences to which the matter before us has given occasion, was forwarded to the Earl of Derby by the mail of the 16th instant. Translations of your Imperial Highness' two despatches of the 14th instant, with a copy of this reply, will be sent to his Lordship upon the 2nd May. As regards the reply which, in the latter of your Imperial Highness's despatches last named, it is requested may be addressed directly to yourself, I shall take the liberty of observing, that were the Emperor of China represented at the Court of any Sovereign, it is through the Representative of His Imperial Majesty that the protest or remonstrances against my proceeding to which your Imperial Highness's despatch gives expression, would be transmitted to the Earl of Derby. His Lordship's reply would in that case be returned to your Imperial Highness through the same channel. The Emperor of China has not as yet exercised the right fully secured to His Majesty by Article VI of the Treaty of Tien-tsin, and whether in the absence of any Agent representing His Majesty, the Earl of Derby will elect to make answer in the manner proposed by your Imperial Highness, or, as heretofore, communicate the opinions of Her Majesty's Government through myself, it must be for his Lordship to decide. A few weeks will determine the question. No. 15. The Earl of Derby to Mr. Wade. Sir, Foreign Office, June 23, 1875. I HAVE received and laid before the Queen your despatches of the 1st of May, forwarding copies of two notes from Prince Kung dated the 14th of April and of your reply of the 28th of the same month, relative to the representations made by you to the Chinese Government on the subject of the attack on the Tiinnan Mission and the murder of Mr. Margary. I have thought it desirable at once to authorize you by telegraph to inform the Prince of Kung that you had received instructions from Her Majesty's Government to state to His Highness that the whole of the correspondence on the subject, including' the notes above referred to, has been carefully considered by Her Majesty's Government and that they entirely approve your conduct and fully concur in the terms of your note of the 28th of April. Her Majesty's Government will not be satisfied with anything less than a thorough investigation of the circumstances under which Mr. Margary met his death, and the punishment of the guilty parties, and you will tell the Prince that, as past experience has shown that no such investigation can be relied upon unless British ofiicers are present at it. Her Majesty's Government must insist on your demands in this respect being complied with. If the Chinese Government show their , readiness to give ©very facility for carrying on the inquiry in a satisfactory manner. Her Majesty's Government will defer raising the question of indemnity until the result of the inquiry is known, but you will make it clear [344] F 34 that they reserve their right of bringing it forward at any moment if they have reason to be dissatisfied with the mode in which the investigation is conducted. I am, &c. (Signed) DEEBT. No. 16. Mr. Wade to the Earl of Derby. — (Received July 5.) (Extract.) " Vigilant," Hankow, May 10, 1875. MY telegram of 3rd instant will have informed your Lordship that as Colonel Horace Browne could not be at Shanghae for some time to come, I had proposed to visit the river ports with Admiral Ryder. He has been so good as to receive me on board his tender, the "Vigilant." Her Majesty's ship "Modeste" a saluting vessel, has been ordered to accompany the " Vigilant." Mr. Grosvenor is on board with me, Mr. Crawford is on board the " Modeste." We left Shanghae on the forenoon of the 4th instant, reached Chinkiang on the afternoon of the 5th instant, and Kewkiang on the afternoon of the 8th. :ho. 17. Mr. Wade, to the Earl of Derhy, — (Received July 19.) My Lord, Shanghae, May 28, 1875, I HAVE the honour to forward copies of two despatches to the Prince of Kung, which should have accompanied the papers inclosed in my despatch of the 14th of April. I have, &c. (Signed) THOMAS FRANCIS WADE. In closure 1 in No. 1 7. Mr. Wade to the Prince of Kung. Sir, Peking, April 1, 1 875. I HAVE the honour to acknowledge your Imperial Highness' communication of this morning. I write to say that the two officers I propose to send to Yiinnan wiU be ready to leave Shanghae possibly on the 25th instant— certainly not later than the 1st of May. I am going to Shanghae earlier than I had proposed, for the express purpose of hurrying forward all necessary preparations. I avail, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 2 in No. 17. Mr. Wade to the Prince of Kung. ' Peking April 2 1875. MR. MAYERS informed me on his return from the Yam^n last 'evening,' that the Mmisters who had received him had said something in deprecation of a possible desire on the part of the ofHcers I am sending to Yunnan to proceed to places which the Chinese oflicer accompanymg them might see reason to recommend that they should avoid." The British officers I send will be instructed to act with the greatest discretion • but I must remmd your Imperial Highness that the real object of their mission is the establish raent 6f facts, m order to the satisfaction of justice in a case of remarkable atrocity The information communicated to me by the Government of India is to the effect that a party commissioned by that Government to travel in Yunnan under a passport 35 obtained by me from the Tsung-li Yam^n has been attacked in Chinese territory by troops which a Chinese authority had sent to destroy it, and that one of the party had been barbarously murdered. As your Imperial Highness may suppose, the news has shocked and distressed Her Majesty's Government in no ordinary degree. No pains must be spared in the attempt to arrive at the truth, and it is my duty earnestly to request your Imperial Highness to cause such instructions to be issued to the Government of Yiinnan as will to the utmost facilitate the access of the officers I send to whatever places they may find it expedient, in the discharge of their duty, to visit. So, also, as regards the persons whom they may require to interrogate. I cannot too strongly impress upon your Imperial Highness that the smallest appear- ance of a disposition to bar the way to free inquiry will be very unfavourably interpreted by Her Majesty's Government. I avail, &c. (Signed) THOMAS FRANCIS W^DE, No. 18. Mr. Wade to, the Earl of Derby.-^{Received July 19.) My Lord, Shanghae, May 29, 1875. JUST as I was starting for Hankow there arrived a letter from a French missionary stationed at Yiinnan Fu, the capital of tlie Province of Yiinnan, reporting the arrival at that city of a Chinese who had passed through it with Mr. Margary. The man, Wang Siu-shuang by name, subsequently reached Hankow, and as soon as he had been interro- gated, was sent on to Shanghae by Mr. Alabaster, who put him in charge of Mr. Hurst, a Student Interpreter, who is going liome on sick leave. I inclose copies of the letter of Abb6 Fenouil, the missionary referred to, and of the Memorandum of Wang Siu-shuang^s statement, drawn up by Mr. Brenan, Acting Interpreter at Hankow. To this, Mr. Mayers, who re-examined the man as soon as he arrived yesterday, has added some notes. On reperusal of the Memorandum, I have thought it advisable to put some further questions to the man myself. I was present from time to time when Mr. Mayers was speaking to him yesterday, and I am bound to say he seemed determined to say as little as possible about the more serious part of the affair, while, whenever uniraport^ miatt^rs were adverted to, he was sufficiently voluble. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 18. Pefe Fenouil to Her Majesty* s Consul at Hankow. M. le Consul, Yunnan-sen, le 4 Avril, 1875. QUAND cette lettre arrivera-a Chang*hai, la mort tragique de Mr. Margary vous sera connu dej^ depuis longtemps. Je ne vous donnerai done pas ici de details sur ce triste evenement, d'ailleurs je ne les connais pas bien moi-m6me. Mr. Margary avait cinq Chinois a sa suite ; quatre orit ete massacres avec lui ; un seul a pu s'^chapper ; ce dernier est arrive ici hier au soir et se dispose a retourner dans son pays ; c'est Wang Hsiu-shang, de Hang-yang Hsien. A son passage ici, dans les premiers jours de Decembre, Mr. Margary et ses hommes deposerent chez moi une partie de leurs bagages qu'ils devaient reprendre au retour ; ce sont des livres Chinois, des habits, de la vaifiselle, des conserves, et .des boissons, avec une grande plaque en cuivre qu'on dit .^tre un couverde de baignoire. Ma premiere pens^e a et^ de confier ces divers objets h. Wang Hsiu-shang, pour qu'il vous les remit ; mais leur valeur intrins^que serait loin de couvrir les frais de transport. Wang Hsiu-shang a repris ce qu'il a dit iui appartenir personnellement ; le reste demeure k la disposition da ,Gouvernement Anglais. Je vous prie, M. le Consul, de vouloir bien me faire connaitre ce que vous voulez qu'on en fasse. Je n'ai pas I'avantage de parler Anglais, .de.l'ecrire moins encore. Veuillez done, s'il [344] F 2 36 vous plait, me r^pondre en Frangais, et faire deposer voire lettre a la procure des Missions etrangferes TS^n-te-t^ng) k Chang-hai. J'ai I'honneur, &c. (Signd) T. FENOUIL, Prov. Apost. (Translation.) M. le Consul, Yunnan-sen, April 4, 1875, LONG before this letter reaches Shanghae, you will have heard of the tragical death of Mr. Margary. I shall not, therefore, give you the details of this sad event ; indeed, I am not myself well acquainted with them. Mr. Margary had five Chinese in his suite ; four were murdered with him, and only one succeeded in making his escape. This latter arrived here yesterday evening, and is about to return to his own country ; his name is Wang Hsiu-shang, of Hang-yang Hsien. When they passed through here in the first days of December, Mr. .Margary and his men left at my house a portion of their baggage which they were to pick up on their, return ; this consists of Chinese books, clothes, utensils, preserves, and liquors, as well as a large copper plate, which is sg,id to be the lid of a bath. My first idea was to entrust these articles to Wang Hsiu-Shang, for him to deliver to you; but their intrinsic value would.be far from covering the expense of their transport. Wang Hsiu-shang has taken what he said was his private property ; the rest remains at the disposal of the English Government. I beg you, M. le Consul, to be good enough to let me know what you wish to have done with them. I have not the advantage of speaking English, still less of writing it ; would you therefore please answer in French, and send your letter to the care of the Foreign Missions (San-te-t^ng), at Shanghae. I have, &c. (Signed) T. FENOUIL, Prov. Apost. Inclosure 2 in No. 18. ^Deposition of Wang Hsiu^shuang. MY nattie is Wang Hsiu-shuang, I am a native of Hang-yang Hsien, father and mother both dead. I accompanied my uncle Lin, who went with Mr. Margary, as purveyor. We left^ Hankow for Tiinnan in August last, and all went well on the journey. From Yiinnan Fu we reached Ta-li Fu, and then took the road to Hsiu-chieh {i.e. Bhamd), a place in Burmah. At Hsiu-chieh we met Colonel Browne, and remained at the Consulate some twenty days, where were also living a doctor, ofiicers, Mr. Allen, and Mr. l^lias. I accom- panied Mr. Elias on his way back to China. Colonel Browne's party left three days before us, and then we too started from Hsiu-chieh. At this place five roads branch ofi^. Colonel Browne took the road by which we had previously arrived ; we travelled by the by-roads ; the high road took a circuitous course ; the by-roads brought us near to Yung ch'ang, where we had agreed to rendezvous. We could not proceed far for want of animals, and the savages prevented our passing. The Consul at Hsiu-chieh (the Assistant Resident, Captain Cooke) accompanied us for three days as far as a place called Meng-mo ; he then turned back to Kutung to wait for news. Kutung is one stage from Meng-mo. Meng-mo is under a local chief ; the people are there are called Han-ssu-Panyi. Once in the town, they closed the gates, so that the Consul at Hsiu-chieh (Captain Cooke) had to jump over the wall* to get back to Kutung, where he waited for news from us in the afternoon. Colonel Browne's party took another route. A foreign rifle was given to Li ssu Lao- mien by Mr. Elias on behalf of Colonel Browne. At first he refused it, but afterwards he told me to give it to him, I told Mr. Elias oiF this, and the gun was given to him. We had not been able to hire animals owing to his having given orders to the savages. We requested him to procure horses to take us and our baggage back to Kutung. Li ssu- Lao Mienf has the rank of General ; he is Chief of Nantien. He hired horses for us to get * Later statement :— " Li Ssii was manufacturing gunpowder in the town, and had had the gates closed to keep out the savages (Kakhyens). Only the east gate was left in a condition to be opened, and Captain Cooke got out that way." t Lao Mien = Burmese. Li Ssii is said to be half Burmese, on the mother's side. 37 back to Kutung, forbidding us to continue the journey in this direction, because the road ./ was dangerous and infested with robbers. / The evening of the second day. after we had arrived at Kutung, Mr. Elias received a note from Colonel Browne, but he did not tell me what the contents were. Colonel Browne sent the letter from Hsiu-chieh, where he had returned. The bearer of the letter was a savage official. This man advised me to go, if I wished to save my life. They spoke Chinese : they said that the party had been murdered. 1 went oflf to look for my uncle's 1 body; At Meng-mo I requested Li-ssu to give me a safe conduct,* with which I went to aP^ -. Hsieh-fan. This is a savage town. From Hsieh-fan I went to Meng-ka, and on to Mang- shih, which is also a savage city. From Mangshih 1 went to Mingling, where there is a Taotai. It is a district city. Here they are all Chinese officials. Ming-ling is not far from the road we originally travelled by. I had 4 taels odd with me, given to me by Mr, Elias. By night I made my way to T^ng-yueh-chow, where enquiries were being made in the inns for Mr. Margary's servants who had escaped. When caught they were to be put to death. This was told me by a man from Hwang-pi-hsien,t a dealer in medicines. As I was well known on the road previously followed by us, T stayed with a maker of bean-curds about 15 li outside the city. At night I went to Nantien to look for my uncle, thinl^ing it was only a report that he was dead. Nantien is three days from the scene of the murder : the name of the place being Manying. At Nan-tien 1 met a man from T^ng-yueh-chow, who had previously accompanied Mr. Margary, and from whom had been hired twenty-five horses. Twenty-five taels.were still due to him. He advised me to go back. I asked him if he had got his money ; he said, " How could I, seeing they have all been killed? " He added, " Wasn't your uncle the man with the beard ? He, Mr. Margary, and Chow, the cook, jumped over the wall i at Man-ying, which were not very high, to get a cold bath. The Pan-yi people opened the I V gates and pursued them, and murdered them under a tree bearing a yellow fruit, not \ more than a hundred yards from the walls. Their ears were cut off and the bodies thrown j in the water. The clerk, Yu, and the servant, Lav-chiang, were inside the town, where, / from the T6u-tsung hill, the servant fired off Mr. Margary's five-barrelled revolver. He fired five shots without hitting anybody, and then they were both murdered before they could escape." The horse-dealer saw this. The clerk and servant escaped into a temple, where they were killed. The horse-dealer told me all this : I didn't see it myself. I returned to T6ng-yueh-chow, being prevented from going to that yellow fruit tree / by the presence of soldiers led by a Chinese official, whose name I don't know, despatched by the Governor of the Province to protect Man-ying. The inhabitants had all run away ; no one was going into Man-ying, but all were escaping to TIng-yueh-chow. The local chief wrote to the Prefect of Tdng-yueh, by name Wu, who reported the affair to Yung- Chang Fu, and then it was known all over Yiinnan Fu and Tali Fu. Troops were sent off immediately ; people said that the English had risen and were guarding the pass to Man-ying. On hearing this I came on to Hankow, working as sailor on board a Ssu-chuen boat bound for I-chang, and from I-chang came on to Hankow. J I was travelling at night when I met the horsedealer. It was about thirty li frdm the scene of the murder. I met him on the road. The people said that the English had risen, and that soldiers had been sent to protect the pass ; the Man-ying people and others of the road said that two persons had escaped, and that they must be found and killed. From Man-ying I went straight to Yung-ch'ang ; at every inn there were officials keeping up a search, as also at eveiy customs and tax station. Persons without employment could not go by. With my safe-conduct from Li-ssu, I was allowed to pass unmolested. At Yiinnan Fu I gave the safe-conduct to one Yang, who handed it to the Governor.§ Yang and Chow had been previously sent by the Governor to escort Mr. Margary, and they had accompanied him as far as T6ng-yueh-chow. * Later statement: — "I did, not request a safe-conduct, but made use of the card which Li gave me in retul'n for the gun which I took to him by order of Mr. Elias. The card had dn it his name, Li Chen-liwoh. ' It served me as a pass on the only occasion when I was stopped by Kakhyens, 20 li beyond Meng-mo. They took my money ( 10 taels) away from me, but on being told by some persons who understood Chinese that the card I exhibited was Li's, they did not molest me further. The card eventually became crumpled up and destroyed." f Hwang-pi-hsien, some 30 miles north-west of Hankow. J Later statement : — " I was less than a month in getting from Yiinnan Fu to Hankow^ I embarked above' Ch'ung.k'ing in Ssu-chuen. ' § Later statement :— " If the above was Written ddwn at Hankow it must have been misunderstood", as I had no safe-conduct at all, and gave nothing to Yang." 38 When I saw Yang at Yiinnan Fu, he had got back more than a month. He abeady knew that there was something wrong through the reports he had heard.* T^ng-yueh is four stages from Man-ying ; Man-ying to Kutung is seven stages. ^^ I went myself to see Yang; he did not give me any money. He said to me, lou have cot back then, and Mr* Margary has really been killed? The people there are very treacWous : Oiere are no officials to control them ; why did Mr. Margary go amongst them ? " . J *u wi. The Pan-yi said that the exploring party had risen up in arms, and that tney were Mahommedans. /• v i, I accompanied the funeral cortege of a deceased Yunnan magistrate from Yung-cnang Fu to Yunnan Fu. . The horsedealer and the people in the inns said that in the baggage earned toy Mr. Margary's party were concealed fire-arms ; they also said the two large horses were stuffed with fire-arms. m. 19. The Earl of Derby to Mr. Wade. Slr^ Foreign Office, July 21, 1875. t Have to convey to you the approval of Her Majesty's Government of the notes addressed by you to the Prince of Kung, copies of which are inclosed in your despatch bf the 28th of May, on the subject of the Mission which it is proposed to send to Yiinnan for the purpose of investigating the circumstances of Mr. Margary 's murder. I am, &c. (Signed) DERBY. i No. 20. Lord Tenterden to Sir L. Mallet. Sir, Foreign Office, My 22, 1875. I AM directed by the Earl of Derby to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from Her Majesty's Minister in China, upon the subject of the recent outrage on the Mission to Yiinnan. f I am, &c. (Signed) TENTERDEN. No. 21. Mr. Wade to the Earl of Derby. — {Received August 12.) My Lord, Foochow, June 10, 1875. TO my very great satisfaction, Colonel Horace Browne arrived here yesterday evening. Admiral Ryder has had the goodness to offer him a passage in the " Vigilant," and he will proceed with us to Shanghae on the 12th instant. I have, &c. (Signed) THOMAS FRANCIS WADE. No. 22. The Secretary to the Admiralty to Lord Tmterden, — (Received August 14.) My Lord, Adnm-dty) August 14, 1875. I AM 'commanded by ray Lords Comtnissioners of the Admiralty to transmit, for the information of the Secretary of State for Foreign Affairs, extracts from a general ktter of * Later statement :-^" I saw Yang at his own residence. After -I had been with him a short time he told me he had visitors to attend to, and he went into the house, after which I saw him no more. I called on a French missionary who had some property of Mr. Margary's in keeping. He advised me to leave the city as quickly as possible, as my life was not safei 1 starved only t^o days at Yiinnail Fu ; I reached the city about the lOth of Apnl." t No. 17. 39 the 1 1th June, from Vice-Admiral Ryder, Naval Commander-in-chief on the China Station, in regard to the conveyance of Colonel Browne on board Her Majesty's ship "Vigilant" from Shaiighae to Foochow, where he wished to confer with Mr. Wade on the subject of the outrage on Mr. Margary ; and the intention of both those gentlemen to return to Shanghae in that vessel. I am, &c. (Signed) VERNON LUSHINGTON. Indosure in No. 22. Vice-Admiral Ryder to the Secretary to the Admiralty. (Extract.) June 11, 1876. I INFORMED you in my general letter of the 29th ultimo that Mr. Wade had requested me not to leave Shanghae finally until the arrival of Colonel Browne, who was on his way to meet him with reference to the outrage on Mr. Margary at Yunnan in February last, and had also expressed a wish to visit Foochow. I accordingly embarked him and two secretaries in the "Vigilant," and left Shanghae on the 31st ultimo. Colonel Browne arrived here (Foochow) on the 9th instant, and met Mr. Wade, and I am going to return to Shanghae to-morrow, conveying Colonel Browne as well as Mr. Wade and his suite. No, 23. Mr. Wade to the Earl of Derby. — {Received August 17.) My Lord, Shanghae, June 23, 1875. I HAVE the honour to forward copy of a brief despatch I have addressed to the Prince of Kung requesting to be informed of any report that the central Government may have received from Yiinnan. The more particular occasion of my writing at this moment is explained in the following despatch of this date, in which I inclose translation of a note from the IfamSn to Mr. Fraser. ' I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure in No. 23. Mr. Wade to the Prince of Kung. Sir, Shanghae, June 2\, 1875. I HAVE the honour to refer Your Imperial Highness to your reply to my communi- cation of the 12th March, to the effect that on receipt of the intelligence therein brought to Your Imperial Highness' notice, the Government of Yunnan had been directed to make inquiry. For the information of Her Majesty's Government I shall be obUged to Your Imperial Highness to let me know what answer has been received to the instructions forwarded to the Government of Yiinnan. News of the attack upon Colonel Browne's mission appears to have reached Tien-tsin overland from Yiinnan before the end of April. I renew, &c. (Signed) THOMAS FRANCIS WADE. So. 24. Mr, Wade to the Earl of Derby.— (Received August 17.) My Lord, Shanghae, June 23, 875. I HAVE the honour to inclose translation of a note addressed by the Ministers of the Tsung-li Yam^n to Mr. Fraser on the 2nd instant, in reply to his inquiries as to the truth 40 of a report that two high officers had been directed to investigate the Yunnan outrage on the spot. Mr. Fraser had sent Mr. Hillier to the Yam^n a day or two before, and he had brought back the inclosed report. In my despatch of this date your Lordship will find the brief despatch I had forwarded to the Prince of Kung, requesting information on this subject. If, as I continue to believe, a force was moved against Colonel Browne's Mission from Momein, the Brigadier General Yang-yii-ko was more than probably the official of the division to which the troops moved belonged. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 24. The Ministers of the Yamen to Mr. Fraser. (Translation.) June 2, 1875. THE Ministers received- a despatch on the 27th of May from the Governor of Yunnan, in which he states that, having received a despatch from the Tsung-li Yam6n with reference to the murder of Mr. Margary, he has memorialised the Throne, reporting the despatch of the Brigadier General, Yang-yii-ko and the Taotai Chen-si-Ch^n to the spot to ascertain by a searching inquiry what was the scene of the mishap. If it was within the territory of Yiinnan, proceedings shall thereupon be taken in conformity with the laws. He will not fail to do his best to elicit the actual facts. The case in question not having been elucidated as yet by a thorough investigation, the Ministers have not as yet felt themselves in a position to address an official communication to Her Majesty's Minister, but as Mr. Hillier has now called upon them to ask for particulars, they beg to forward the present note for Mr. Fraser 's information. Compliments, &c. Inclosure 2 in No. 24. Memorandum of Mr. Hillier s Visit to the Yamen. I WENT to the Yam^n on the 29th of May, under instructions from Mr. Fraser to inquire whether a report that had reached him to the effect that the Yamin had despatched two special Commissioners to inquire into the Yunnan outrage was true or not. I met the Ministers Sh6n and Chung-kow, who, in answer to my inquiries that acting Brigadier General Yang-yii-ko and Ch^n-si-Ch^n Taotai, both officials of the Yunnan Province, had been directed some time since to make the necessary inquiries, but that no other officers had since been appointed. They had received, they said, no further newt; from Yiinnan, and were anxious to know if Mr. Wade had heard any particulars. They had been informed that he had returned to Shanghae, where they said Colonel Browne had also arrived. Although they made no direct assertion to that effect, they seemed to imply that they had been expecting some communication from Mr. Wade, and complained that all the news they got was from the Shanghae Chinese newspapers, which were very unreliable. In answer to a further question as to the official status of Li-ssu-ta-yeh, which I was directed to put to them, they replied that, after careful inquiry, they had been unable to find any such name among the lists of local officials and T'u-ssu, and they were, therefore, almost positive that, if any such person did exist, he must be an officer of very low rank (Signed) WALTER C. HILLIER.' P.S: — Brigadier General Lin Chih, who lately arrived from Yiinnan, left his post before the outrage occurred, and has stated to my informant that it was only after his arrival in Peking that he heard indirectly of the affair. W. C. H. 41 No. 25. The Earl of Derby to Mr. Wade. (Telegraphic.) Foreign Office, August 21, 1876, 5-30 p.m. REPORT by telegraph what the precise arrangements are which it is proposed to make in regard to sending special mission to Yiinnan, and when it is intended to set out. No. 26. The Earl of Derby to Mr. Wade. Sir, Foreign Office, August 21, 1875. I HAVE received your despatch of the 23rd of June, and I have to convey to you my approval of the note, copy of which you inclose, which you addressed to the Prince of Kung, requesting to be informed of any report that the Central Government may have received from. Yiinnan. I have, &c. (Signed) DERBY No. 27. Mr. Wade to the Earl of Derby. — (Received September 13.) (Extract."* Shanghae, July 24, 1 875. I INCLOSE copies of Mr, Grosvenor's report of his interview with his Excellency Li Han Ch'ang and of a note which I addressed, on receipt of this report, to the Prince of Kung, complaining of the dilatoriness and incompleteness of the Chinese Government's proceedings, and requesting to be informed whether the passports issued to me when I was leaving Peking were in order or not. I also inclose copy of a memorandum which, with little, if any, modifications, will, at the right moment, be presented to the Prince of Kung as recording our case against the Chinese Government. I shall join Mr. Mayers at Tien-tsin some eight or ten days from this date. Inclosure 1 in No. 27. Mr. Grosvenor to Mr. Wade. (Extract.) Hankow, July 9, 1875. IN pursuance of your instructions dated the 3rd instant, I reached this port on the 7th instant, and sent in your note to the Governor-General Li on the 8th, intimating at the same time that I should wait upon his Excellency at 11 a.m. on this day. In the afternoon of yesterday I was informed by Mr. Alabaster that his Excellency would see me at the time appointed. The country is covered with flood, and the difiiculty of crossing the river great ; so Mr. Alabaster requested Captain Bolitho, of Her Majesty's ship " Swinger," to give myself and Mr. Baber a passage across to Wu-ch'ang. I left the Settlement a little after 10 in Her Majesty's ship " Swinger " this morning, and reached the Governor-General's Yamen about 12 o'clock. I was politely received by the Governor-General, and, in accordance with your instructions, commenced the conversation by alluding to the reason of my visit, to which his Excellency replied that he was deputed by the Emperor to proceed to Yiinnan to inves- tigate the circumstances attendant on the murder of Mr. Margary, and to punish the offenders. His Excellency said, " This matter must be settled." His manner and words indicated a strong desire to see a satisfactory settlement. I then explained to his Excellency the nature of the instructions you had received from Her Majesty's Government, adding that though there was a considerable feeling of distrust amongst foreigners on account of the many wrong doings of the Chinese Goverh- ment during the last ten vears, it was in his Excellency's power, by a thoirough investiga- [344j • G 42 tion of this case, and by bringing the criminals to trial and punishment, in some measure to restore a confidence in the Chinese Government which is at present waning. His Excellency was not particularly anxious about ray movements, so I thought it unnecessary to enter into any explanations regarding them. I merely observed that I should probably start in a month or six weeks. The Governor-General did not appear anxious to find out what we know about the Margary murder. He did not even know the reason why Mr. Margary had been sent to ytinnan. His Excellency's communications amounted in sum to this ; that he had received the Emperor's orders to go to Yiinnan to find out the details of the Margary murder, and that he was prepared to do the best he could to discharge the otfiee thus imposed upon him. I proceeded from this point to inform his Excellency that the attack on Colonel Browne's expedition was, internationally speaking, the most important dereliction from duty on the part of the Chinese officials, and was met by the rejoinder that his Excellency was totally unacquainted with any affair of the kind ; moreover, that it was a matter that did not concern him, as his instructions from the Tsung-li Yamen were to investigate the Yunnan affair, and that he had no cognizance of any other. With regard to the question of an escort to ensure safety until the Burmese frontier was reached, his Excellency stated that he was not a Yunnan official ; that he could promise nothing ; that the Governor-General of Yunnan must be consulted on the spot before any determination could be arrived at. I mentioned that the Tsung-li Yamen had granted passports for a fresh Indian mission, ani I produced them. His Excellency, to whom such documents appeared to be a novelty, examined them with care, and seemed to me to consider that they were of no particular importance, because issued by yourself, and only bearing an indistinct seal, his idea evidently being that such a document should emanate from the Tsung-li- Yamen and not. be the production of a foreign Minister, and this notwithstanding my reiterated asseveration that the document was, internationally speaking, in due form and entitled its bearer to the protection of all officials to whom he showed it. I questioned his Excellency several times as to what information he had received or knew others to have received regarding the Margary murder (it was useless, of course, to, do so as regards the attack on Colonel Browne's party), but he showed the most com- plete ignorance of the whole transaction. Mr. Baber very properly expressed to his Excellency his astonishment that, in a case of -such importance, he should be without information, and compared unfavourably the state of things in China with that in other countries, from which position the Governor- General tried to escape on the ground of the vast extent of China, but was unable to explain how couriers, who are supposed to cover nearly 200 miles a day, had failed to bring news from Yiinnan in three months' time. His Excellency expressed more than once his desire to see the Margary affair satisfac- torily settled, but disclaimed any knowledge of the attack on Colonel Browne, and, in addition, stated that his instructions from the Tsung-li Yam^n made no mention of this letter pa,rt. Inclosure 2 in 'So. 27. Mr. Wade to the Prince of Kung. Sir, Shanghae, July 16, 1875. QN receipt of the Imperial Decree of the 19th June, communicated to me by your Imperial Highness, by which the Governor-General Li Han-Chang was directed to repair po§t-h£iste to Yunnan, I despatched Mr. Grosvenor and his interpreter Mr. Baber to Hankow to present my compliments to his Excellency, and to assure him of the pleasure with which I had heard of his nomination. Mr. Grosvenor was at the same time to inform himself more precisely of the nature of the Governor-General's Mission, and, for the regulation of his own movements, of the possible date of his Excellency's departure for Yiinnan, Mr. Grosvenor returned to Shanghae on the 14th instant. The Governor- General Li ha^ received him very courteously, but, in reply to his questions regardmg the precise pbject of his Mission, his Excellency gave him to understand that his instructions pointed gj^plij^ively to the murder of jyir. Margary. Of the attack on Colonel Browne's Mission he seemed scarcely to have heard, and 43 although from one remark regarding the number of people accompanying Colonel Browne, it was apparent that he was not wholly uninformed of the check the expedition had sustdihed, he declared that inquiry into tliis was beyond the scope of his instructions from the Tsuhg-li Yam^n. As to the safe passage of Mr, Grosvenor himself or of a new mission on the part of the Government of India across the frontier of Yiinnan and Burma, the Governor- General declined to give an opinion, pleading that he was not a Yunnan official. He examined the two passports forwarded me by your Imperial Highness on the 30th of March last, but expi-essed some doubts as to their validity, on the ' ground that they were issued in my name, and that the impression of the Yam^ti's seal upon them was not sufficiently distinct. I had the honour to inform your Imperial Highness a few days since that, on receiving the news of his Excellency Li's appointment, I had telegraphed to Her Majesty's Govern- ment that, in ray opinion, it was a step in the right direction. On receiving Mr. Grosvenor's report, I have telegraphed again to state that I regard the situation changed. I have directed Colonel Browne to return at once to India to make his repbrt to the Viceroy, and I have now to request that your Imperial Highness will explain to me why the Governor-General Li has been left without instructions to inquire into the attack on Colonel Browne by a Chinese force. The attack took place upon the 22nd of February. Before the end of April letter's mentioning the attack, without alluding to the murder of Mr. Margary, had been received by Chinese officials in Tien-tsin. Letters on commercial business passing between Shanghae and Yiinnan are answered within ninety days. Her Majesty's Government will find difficulty in believing that by the end of June no Memorial should yet have been received at Peking from the Government of Yiinnan touching the movement of a body of troops against a party of foreigners entering Chinese territory under passport in February. ^ Touching the allegation originally to be found in your Imperial Highness' despatch of ^a ''^ the 14th of April, and now brought forward again by the Governor-General Li, that the ^ persons accfompahying Colonel Browne were more numerous than the terms of the piassports warranted, I shall have more to say in due season. Meanwhile, I shall assume that the passports, which I received sealed from your Imperial Highness upon the 30th of March, are in order. Should they not be, I shall be obliged to your Imperial Highness to let me know in what particukr they are held to be irregular. I avail, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 3 in No. 27. Memorandum by Mr. Wade on the Yunnan Outrage. . THE following Memorandum briefly exposes the case as between England and Chiiia in the matter of the Yunnan outrage. iThe commercial relations formerly existing between British Burma and Yiinnan having been restored by the suppression of the Mahometan rebellion, the Government of India became desirous of obtaining accurate information on the subject of Yiinnan trade. In the summer of last (1874), consequently, the Viceroy of India proposed to send a small mission from British Burma into Yiinnan, and I obtained a passport for a mission of four persons with their suites, who were to be sent from the Burmese side, and another passport for an interpreter (Mr. Margary), who was to go through China to meet the Viceroy's Mission. Mr. Margary was fiirther provided with letters to the Governors of provinces through which he had to pass. The officials in general assisted him kindly, and he duly arrived at Moiiiein. Here he found letters from the Agent of the Government of India stationed at Bamo, informing him that the Mission had not yet started. He accordingly pushed on to Man- wyne, where he found Li-hsieh-t'ai. He sent a messenger thence to Bamo to inform the Agent there of his arrival, and in a few days his messenger returned with a guard of forty Burmese to protect him on his way to Bamo against the wild tribes inhabiting the country- he had to traverse. ^ It is be noted that Mr. Margary spent several days in friendly intercourse with Li-fesieh-t'ai at Manwyne. He sJ)oke in warm terms of his reception by that officer. In charge of his Burmese escort, Mr. Margary proceeded safely to Bhamo, reaching [344] G 2 / 44 that place about the middle of January 1875, but two days later than Colonel Browtie, the officer placed at the head of the Indian mission. The Viceroy of India being uncertain as to the length of time Mr. Margary's journey would occupy, and being unwilling to risk the chance of mistakes that might arise were the Mission to move forward to the Chinese frontier without an interpreter, had earlier telegraphed to me that it would not move until this want was supplied ; and to prevent delay I had dispatched Mr. Allen by sea to Rangoon. He joined Colonel Browne a little later than Mr. Margary, and the whole party thus assembled consisted of the following members : Colonel Browne, Dr. Anderson, Mr. Ney Elias, and Mr. Interpreter Allen, composing the mission under the passport I had forwarded to the Viceroy ; and Mr. Mar- gary under the passport with which he had travelled through China. Their suite was as follows : Mr. Margary had with him a Chinese teacher and servants, some of whom had been engaged at Shanghae, some at Hankow, sonae in Yixnnan. I forget the precise number of these ; but they were, if I mistake not, five or six. Mr. Allen had with him also two Chinese who had gone round with him from Shanghae to Rangoon. Colonel Browne had four servants, three Indians, and one a Chinese born in British Burma. Dr. Anderson had with him three Indian servants, a Burmese servant who could speak the Chinese, and three Indian assistants possessing a certain amount of education who were to collect botanical and geological specimens. There was besides these a Chinese surnamed Li, believed to be a kinsman of Li-hsieh-t'ai, and two grooms. Mr. Ney Elias had also two servants. The whole company under the two passports, masters and followers, that were about to enter China would, accordingly, amount to from twenty to thirty persons. To protect them against the tribes through whose country they had to pass up to the Chinese frontier, the Burmese Government promised a guard of Burmese soldiers. Our people proposed also to take a j;;uard of fifteen sikhs, Indian soldiers, to the same point. The Burmese Government at first objected, and it was not until after some negotiation that it consented. The Burmese escort was to have been 300 strong, but did not in reality amount to half that number. Its precise number, however, is of no great consequence, as the escort was intended to go no further than the security of the expedition against an attack of the hill tribes might render necessary. One of the party, Mr. Ney Elias, went alone by Maing-mo, following what is called the southern route ; he was to rejoin Colonel Browne at Momein or Yung-ch'ang. Colonel Browne himself was to take the Manwyne route. For carriage of the baggage it was necessary tO engage the services of the hill tribes, and the delay occasioned by their laziness and extortion was such that it was not till the 6th of February that Colonel Browne and those with him were able to move forward from Bamo ; nor did they reach the stream known as the Nam Phoung Khyoung, which is con- sidered to be the boundary line between the tribes respectively subject to Burma and China, before the 18th of February. On that day a Burmese arrived from Manwyne with a report that Li-hsieh-t'ai and the Chief of a certain tribe had conspired together to prevent the Mission entering China. Colonel Browne attached little credit to the story, and the following day, the 19th of February, Mr, Margary started ibr Manwyne, accompanied by his Chinese teacher and servants, and by Li, the kinsman of Li-hsieh-t'ai. After Mr. Margary's departure, a hill- man came in with a report that Chinese troops were being assembled at Manwyne under Yang-ta-jen, a Chinese official, who, in concert with the Chief before mentioned, was to attack our people. On the 20th of February, however. Colonel Browne received letters from Mr. Margary, written en route to Manwyne, reporting the roads safe; and on the 21st Colonel Browne himself would have moved on to that town, but, some Chiefs of tribes having put difficulties in the way that delayed him, he eventually decided not to go till next day. His party remained on their camping ground between two villages. In the evening the Burmese guard was again alarmed by observing some Chinese reconnoi*ring their position from a height above them. The _ following morning, February 22, on rising, Colonel Browne perceived a con- tinuous line of armed Chinese defiling towards the rear of his position along a high ridge to the right of his camping ground, and presently there arrived a friendly Chief with the news that Mr. Margary and the Chinese with him had been murdered the previous evening at Manwyne ; that a large force of troops had been assembled at Momein to anni- hilate the foreigners ; and that the troops moving along the ridge were but the advanced guard of a more considerable body. The Mission was, in fact, hemmed in by Chinese troops, north, south, and east of it. The ground on which it liad passed the night was 45 suiTounded by jungle, and the Chinese, creeping up from the rear, soon opened fire upon our people. Some of the bolder, emerging from a gap in the hill in that direction, advanced into the open ground waving guns and trident spears. They shouted out in Chinese that they were commanded by Shouk-goon (the sounds are doubtful), nephew of the great Li, that is, of Li-hsieh-t'ai, and calling on the Burmese to retire and leave thef foreign devils to their fate. The Sikh guard opening fire upon them, they fell back with some loss. The Burmese also fired, but they were badly armed, and did no execution. It is noteworthy that the Chinese never fired at the Burmese, and that even when retreating before the fire of the Sikhs, they continued shouting friendly advice to them. They did not venture near the Sikh guard again, but continued firing at it at long range from out of the jungle, in which they Jay concealed till the afternoon. Colonel Brown then succeeded in getting the jungle fired in rear of the attacking force ; and, as the flames spread, the Chinese rushed back to gain the ridge along which they had originally descended. They left some dead on the field, and the head of one of these was cut oS by a hill-man, who brought it to Colonel Brown, observing that he might now perceive that his assailants were Chinese and not men of the hill tribes. I shall here observe that Mr. Ney Elias, having proceeded by the southern route, had reached Maing-mo on the 15th of February, and had there found Li-hsieh-t'ai, as he, Li, :// affirmed, with 300 men. Li-hsieh-t'ai strongly urged Mr. Elias to take another line, on the ^ ground that the route he proposed to follow would be exposed to danger from the savages of different tribes. Mr. Elias suggested that Li should give him a guard, but he declined. One of the chiefs showed himself equally opposed to Mr. Elias' advance, stating plainly that, passport or no passport, he could not enter China. Mr. Elias, seeing that between Li and the aforesaid Chief, his way was barred by this route, determined to try another, lying through Burmese territory more to the south, that was recommended by Li, and on the 18th he accordingly quitted Maing-mo. Before going farther, it should be noted that he had offered a rifle and a quantity oi^^ Shanghae, July 24, 1875. I HAVE the honour to inclose copy of a note embodying the instructions contained in your Lordship's telegram of the 23rd June. I have, &c. (Signed) THOMAS FRANCIS WADE. 47 Inclosu^e ^n No. 28. Mr. Wade to the Prince of Kung. Your Imperial Highness, ' Shanghae, July \2, 1875. I HAVE the honour to refer to the correspondence that has earlier passed between your Imperial Highness and myself on the subject of the Yunnan outrage ; in particular to my note of the 24th of March, to your Imp'erial Highness's note of the 29th of March, and to my answer of the same date ; lastly, to two notes addressed me by your Imperial Highness upon the 14th of April, and to my reply to these dated the 28th of the same month. The second of your Imperial Highness's notes of the 14th closed with a rec[uest that the observations it contfiined might be made known to my Government, and that an answer might be sent direct from the Foreign bffice to your Imperial Highness, and in my reply of the 28th I informed your Imperial Highness that the whole of the corre- spondence that had passed between us in relation to the Yunnan question, together with every Memorandum and Minute of conference affecting it, had been sent home on the 17th of April, and that translations of your Imperial Highness's notes of the 14th of April, as well as copy of my reply of the 28th, would follow upon the 3rd of May. Whether, the Earl of Derby would comply with your Imperial Highness's request, or would convey his opinion in the usual way — through myself-— must be left, I observed, for his Lordship to decide. The mail of the 17th of April reached England on the 7th of June, that of the 3rd of of May on the 21st of June, and on the 23rd of June the Earl of Derby telegraphed instructions to me to the following effect. I was to state to your Imperial Highness that the whole correspondence above particvd^rised had been carefully considered by Her Majesty's Government ; that my conduct was entirely approved and the terms of my note of the 28th of April fully concurred in ; that nothing short of thorough investigation would satisfy Her Majesty's Government ; and that at any such investigation British oflScers must be present. Past experience has shown this to be necessary. As regarded indemnity, if the Chinese Government showed a disposition to facilitate inquiry, Her Majesty's Government would defer further consideration of that question until the result of the inquiry were declared, but the right was reserved of bringing forward the claim for indemnity if the Government were to see reason to be dissatisfied with the conduct of tlhe inquiry. I received the telegram upon the 27th of June, ^ut hjaye detained this communication until Mr. Mayers, the Chinese Secretary, who was absent on leave, should return, as I proposed forwarding it by his hand. To prevent possible misapprehension as to the mature of the message now transmitted to your Imperial Highness, I think it well tp add a few words of explanation. The method of conducting public business in England differs materially from that in use in China. In China the despatches of the provincial Governors and other high officers are addressed directly to the Sovereign. So I presume would be the reports of Chinese Ministers residing at foreign Courts. Her Majesty's Representatives abroad ('* Ch'in ch'ai ta ch'ln"), no matter how high their degree, correspond with the Secretary of State for Foreign Affairs. The Secretary of State lays their correspondence before the Sovereign, and, when occasion demands, this is further considered by the Secretary of State and his colleagues, thq other members of the Government. The answer addressed to the Minister concerned, though signed by the Secretary of State for Foreign Affairs alone, represents the opinion arrived at on the question under review by Her Majesty, assisted by her responsible advisers, and goes forth consequently as the decision of Her Majesty's Government. The Earl of Derby's message of the 23rd of June must be read by this light. Strictly speaking, whenever the words "British Government" or "my Government" occur, they should be translated by words requiring an elevation a la Chinoise above the column. But although careful to observe forms of this kind whm speaking qf the Chinese or any other foreign Government, I do not, as a rule, think it necessary to be equally punctilious when speaking of my own. The essential in this instance is that the intimation I have been instructed to make should be accepted by your Imperial Highness, not as proceeding simply from the Secretary of State for Foreign Affairs, but as conveying the decision o Her Majesty's Ministers after perusal of the correspondence submitted to the Queen ; and my desire to make this plain to your Imperial Highness must be my excuse for occupying so much space upon the subject. I avail, &c. (Signed) THOMAS FRANCIS WADE. 48 No. 29. The Earl of Derby to Mr, Wade. Sir, Foreign Office, September 16, 1875. I HAVE received and laid before the Queen your despatch of the 24th of July, forwarding further correspondence on the subject of the Yunnan outrage ; and I have to state to vou that your proceedings are approved by Her Majesty's Government. I am, &c. (Signed) DERBY. No. 30. The Earl of Derby to Mr. Wade. Sir, Foreign Office, September 16, 1875. I APPROVE the note of which a copy is inclosed in your despatch of the 24th of July, which you addressed to the Prince of Kung on the 12th of that month, communicating to him the substance of my telegram of the 23rd of June respecting the Yiinnan outrage. I am, &c. (Signed) DERBY, No. 31. The Earl of Derby to Mr. Wade. Sir, Foreign Office, September 29, 1875. I RECEIVED on the 27th instant a telegram from you without date, stating, that the Yam^n would not promise any of the guarantees you had asked for, and that you had informed them on the preceding day that you should at once withdraw the Legation, and report to Her Majesty's Government that it was useless to send a Secretary to Yunnan, because you did not look for any better results than in the case of the Tien-tsin massacre. You added that the Prince had answered that he would call on you on the 21st instant, and that you thought it probable that he would then make some overture. It is not quite clear from your telegram, or from the preceding one, whether the guarantees to which you refer relate exclusively to the proposed inquiry in Yunnan, or include the fifth, sixth, and seventh demands reported as having been made by you, in your telegram of the 8th instant. I have therefore addressed a telegram to you, inquiring what are the guarantees which the Yamen will not promise, and on account of which you have threatened to withdraw the Legation ; and I have at the same time authorised you to repeat to the Chinese Government that Her Majesty's Government insist that a thorough and satisfactory inquiry should be held in the presence of British Officers into the circumstances of Mr. Margary's death, and of the attack upon the mission under the command of Colonel Browne : the inquiry to be followed by the punishment of the persons implicated in these transactions. Her Majesty's Government consider that there should be no further delay in insti- tuting this inquiry. I am, &c. (Signed) DERBY. No. 32. The Earl of Derby to Mr. Wade. Sir, Foreign Office, October 2\, 1875. I HAVE received and laid before the Queen your telegraphic despatches of the 7th and 18th instant, reporting that you had obtained satisfactory guarantees from the Chinese Government, and that you were about to despatch Mr. Grosvenor to Yiinnam. The guarantees in question included the appointment of a Mission to England 49 charged with a letter of apology, and a promise that escorts should be provided to ' and across the frontier of Burma, for a Mission of inquiry, and for a new Indian Mission, as well as the issue of the Decree of the 28th of September, directing the Yamen to confer with the other departments of the Government on the question of personal intercourse with the foreign Representatives ; and of that of the 10th of October, calling the attention of the Provincial Governments to the passport clause of the Treaties, and to the appoint- ment of a High Commission, consequent on the murder of Mr. Margary. You state further that you have been officially informed by Prince Kung that the Inspector-General of Customs has been instructed to report fully on the taxation of foreign trade, and that a competent Chinese officer will be appointed after the termination of the inquiry in Yiinnan to confer with a British official on th6 regulation of the Burma frontier trade. These arrangements appear to Her Majesty's Government to be satisfactory. If faithfully carried out, they cannot fail to conduce to the establishment on a better footing of the relations between Great Britain and China, and they will give the Chinese Government an opportunity of showing their willingness to atone, as far as possible, for the injury done to a friendly power, by the attack made on its officers, when employed on a peaceful mission, and the unprovoked murder of one of them. I have great pleasure in conveying to you the entire approval of your conduct by Her Majesty's Government, and their high appreciation of the ability and perseverance with which you have conducted the recent negotiations. I have authorized you by telegraph to inform the Chinese Government of this approval. You will add that Her Majesty's Government will watch attentively the manner in which the engagements taken by the Chinese Government are carried out, and that the re-establishment of the good understanding between the two countries, which has been disturbed, in consequence of the conduct of Chinese officials, will depend on the fidelity with which the promises now made on behalf of China are performed. T am, &c. (Signed) DERBY. No. 33. Mr. Wade to the Earl of Derby, — (Received October 25.) My Lord, Tien-tsin, August 26, 1875. I HAVE the honour to forward translation of despatch, dated 31st July, from the Prince of Kung. I have, &c. (Signed) THOMAS FRAJS^CIS WADE. Inclosure in No. 83. The Prince of Kung to Mr. Wade. (Translation.) July 31, 1875. ON the 26th instant the Prince received Her Majesty's Minister's despatch to the effect that the British Government had learned that Li Ssu-t'ai-yeh, whose nephew was the officer in command of the troops ordered by the Momein authorities to attack Colonel Browne's mission in February last, had proceeded to the capital of \ / Burma and was being honourably entertained by the King, and that the King, when-7^^ requested to explain by an officer of high rank sent to the Burmese capital, gave as a - reason that he had been sent as Ambassador to China with the Proclamation announcing the accession of the Emperor of China. The Prince has to observe, with reference to the murder of Mr. Margary, that the Governor of Yiinnan has recently addressed a Memorial to His Majesty in which he states that Brigadier-General Yang Yii-ke, and Taotai Ch'^n Hsi-ch'en report that, to the south- west of Sanda, there is a hill town, the local name of which is Man^ Yttn,^ nearly the same as the two sounds Man^ Yun.^* They at once went themselves to Man Yun, and . there discovered that, in the 11th moon of last year (December 1871), a foreigner called Jl Ma, on his way from T'^ng Yiieh (Momein) to Burma had passed through Man Yiin, and * The difference is in the tones under which the syllables are respectively ranged. The characters repre- sented by the first Man^ Yiin' are the correct ones. [344] H 50 \h Y -1^ € again, when in company witli sortie! foreign Officers and Soldiers ftom India, whom he had met. by appointment, and who came for the first time, the whole party reaching Yiinnan in the month of February. Fearing lest tbey should be attacked and robbed, by the savages, they first prepared presents which they sent by some Buitnese to the Heads or Ctiiefs of these Jieople. They at the same time liired (or instructed the Burmese to hire) savages, mules, arid horses to transport their effects. Moved by the sight of their property, the savages forthwith mustered in large force, barred the road, and robbed and pliihdered [the foreigners], first killing the foreign official Margary, who was acting as guide [to the party]. On the same day [that the Memorial arrived, the Council] had the honour to receive the iinperial Decree : " Let the Governor-General of the Hii Kwang Provinces, as before ordered, go with all speed to Yunnan, and ascertain with precision the particulars of this case. Let t/iti Yiicli-chao also, as soon as he has arrived at Yiinnan, put himself in communication with Ts'eri Yii-ying, and let a further report be carefully made by them." Eespect this. Just as the Prince was preparing a despatch on this subject, he received Her Majesty's Minister's coiririiunication above quoted.- As in duty bound, his Highness n6vv communicates, in reply to Her Majesty's Minister, the main particulars of the inquiries made and action taken in this case by the Governor of Yiinnan., and when the Governor- General of the tlu Kwang Provinces shall have reached Yiinnan, and reported to His Majesty the facts ascertained by hirii, in concert with the Governor-General and Governor of that i'rovince, it will be his duty to write again, and more fully, to Her Majesty's Minister. In the case of the ProclkmEttion ariiiduncing the accession of an Emperor to the Throne, it has hitherto beeri the custoni for the various Provincial Governments to depute officers to convey these missives; an Iniperial Coramissionei; is not specially appointed for that purpose. The Yainen have no official communication or report on record [from which they can learii] whether or no Li was one of the officers despatched to Burma on this occasion by the Provincial Government of Yunnan, but they have already written to the Governor-General and Governor of the Province to inquire. . No. 34. Mr. Wade to the Earl of Derby. — (Received October 25.) My Lord, Tien-tsin, August 26, 1875. lis" my interview on the 10th August, I promised to submit to the Grand Secretary Li a statement in writing of the measures which I should regard as sufficiently guaranteeing a change in the foreign policy of China as to justify me sending Mr. Grosvenor to Yunnan, and in remaining myself at Peking. His Excellency Li was officieusement to make what use he thought best of my statement I inclose copy of my paper, which I sent in English by the hand of Mr. Grosvenor. I have, &c. (Signed) THOMAS FRAITCIS WADE. }<^' Inclosure in No. 34. Memorandum for the Information of his Excellency the Grand Secretary Li. BEFOEE coming to the situation, as I stated it yesterday, I shall mention thai in March last, having obtained passports to enable Mr. Grosvenor and an interpreter to proceed to Yunnan for the purpose of investigating the circumstances of the attack on Colonel Browne's Mission, and the murder of Mr. Margary, 1 kept back these gentlemen for various reasons, one of the chief being that 1 desired first to have all the information the Government of India could supply. I wished also to compare with this any information the T'sungli Yamen might receive. Colonel Browne himself joined me on the 9th June, and tbe papers completing the story of the Yiinnan affairs, as reported to the Government of India, reached me a few days after. It is unnecessary here to repeat that story at length. The essential is that for weeks before the attack on Colonel Browne, both Chinese and Burmese were aware that phinese troops were preparing to attack it ; that it was attacked on the 22iid February 51 by Chinese troops ; and that, as soon as these had been repulsed, letters were intercepted from Burmese to Burmese, to the eifect that troops had come down from Moraein with Chinese officials, and that these officials had warned the Burmese writing the letters to caution their correspondents to keep aw^y from the British, as the ])3ritish were to be annihilated. About the middle of June a Decree appeared in the Gazette directing Li, Governor- General of Hu Kwangj to proceed to Yiinnap, on what Mission the Decree did not state, but as the Prince of Kung presently forwar<. cj '"^P the Decree, i assumed that it |iad reference to the Momein outrage. I had, meanwhile, applied to the Viceroy of India to direct Colonel Browne also to proceed to Yunnan, and I now sent Mr. Grosvenor up to Wu Ch'ang to wait upon the Gpvernor-General Li. It is. needless to repeat here the substance of his Excellency's replies to the questions Mr. Grosvenor had been instructed to ask. It has been stated agg,in and again to Li Ghung-t'ang in the last few days by Mr. Mayers and myself. The Governor-General's ton,e was completely unsatisfactory. A despatch from the Prince, received a short time before Mr. Grosvenor's return from Wu Ch'ang, was equally so, for it declared that no information had been received from Yunnan, except that two officers had been sept to the scene of the crime to make inquiries. This was six months after the affiiir in ^omein had occurred, news of which had been received in Tien'tsin before the end of April, and was current in Ssu-ch'uan and Hu Peh in M^y. I at once decided that Colonel Browne should go back to India to report to the Viceroy, and having sent Mr. Mayers on before me, I myself came north with Mr. Grosvenor. At Tien-tsin, I received two despatches from the Prince of Kung, dated 31st July, both of which the Chung. T'ang has seen. One of them embodies a report from Ts'en^ the Actii^ig Governor-General of Yunnan, to the effect th^t Colonel Browne's assailants •were men of the Hill tribes, tempted by the prospept pf plunder ; and, while expressing a hope that the officers I may send to Yiinnan wijl be warned not to force their way into danger. His Imperial Highness implies that the Chinese Governinent may not be able to guarantee their safe passage through the country on the borders of Yunnan. With the facts reported to the Indian Government before me, with the fact also that under protection of his passport, Mr. Margary found no difficulty whatever in traversing the country in question last January, it was impossible that the Prince of Kung's words should not .in crease the misgiving I had already felt regarding the iona fides of the Chinese Government. In a word, if Mr. Grosvenor is to go anywhere, it is to the Manwyne country he must go. But, with the Governor-General Li's declaration on the one part, and the Prince of Kung's on the other, I do not see that his mission, if he were to go, would be of any practical effect whatever. The Grand Secretary Li's assurances on the subject are all that I could desire. I am sure that he will write to his brother the Governor- General Li to do all in his power to assist Mr. Grosvenor ; but his Excellency, however high his position, however much respected by natives and foreigners the words that ra^y fall from him, is, by his own admission, not invested with responsible authority in this question. How, indeed, should he be ? I ask the question, as the Grand Secretary is aware, without the smallest intention to be disrespectful to an official in every way so distinguished as himself. But his Excellency must remember that the Government of China, wheri it appointed the Tsung-li Yamen, announced to the Powers in Treaty rela- tions with China that the administration of foreign affairs would be vested in the "Yam^ij, and it is to the utterances of the Yamen and the action taken by it that my own Govern- ment will not fail to look ; and unless I can receive from the Yam^n such guarantees as I can report to my Government aj'e, in my opinion, sufficient to prove that the Chinese Govej.-nment is not trifliu.? with this question, I ajn resolved that Mr. Grosvenor shall not proceed to Yunnan. I shall myself wait at Tien-tsin at least until I receive replies to letters I have written to the Prince of Kung and Mr. Mayers' report of what has passed at the Yam^n, The Grand Secretary has asked me what are the guarantees I require. I have stated both to thfi Yamen find to the Xxraad Secretary that the redress of the particular wrong now under discussion is not more necessary than that the Chinese Government should give immediate proof of its determination to fulfil the Treaties ; not only of such of their provisions as affept coinmercial interests, but those also which engage the Government of China to accept the same relations with foreign Powers as foreign Powers accept one with another. I put forward these two propositions ijj general terms on the 19th March, at the {344] H2 52 same time that I urged the payment into my hands of a sum of money to be applied as Her Majesty's Government might see fit, and that I demanded passports. The accordance of passports which would enable the bearer to be present at the investigation in Yiinnan I explained from the first was the indispensable condition of all. When I found a disposi- tion to avoid the discussion of these, I withdrew all beside but the question of indemnity. An attempt being subsequently made to prove that, by Treaty, the right of joint investi- gation was limited to the Treaty ports, I withdrew from all discussion even of the indemnity, and confined myself solely to the demand for passports. The whole of my proceedings having been emphatically approved by Her Majesty's Government, I return to my starting point. Firstly. If the Chinese Government desires to secure itself and foreign Powers against the danger of such misunderstandings as that now impending, it will improve the present condition of diplomatic intercourse, beginning, of course, at home. It is to this end that I urged the Prince of Kung to give me some evidence that something would be done towards the observance of Article IV of the Treaty, If it be objected that minority of the Sovereign and an Empress Eegency are obstacles to complete fulfilment of its provisions, the answer is that improvement of the position of foreign Representatives in Peking is nevertheless perfectly practicable. As in other capitals in which foreign Legations are established, there can be intercourse with the higher officials, not for purposes, of business. Foreign affairs can be discussed only with the Department which they concern, the Tsung-li Yam^n, to wit ; but in evidence of friendly feeling and of a disposition to conform to foreign usages as prescribed by the Treaty. Secondly. The Chinese Government will make a serious effort to give effect to the Articles of the Treaty affecting trade both at the ports and inland. Its present order of proceeding is at some points crippling, at others destroying the trade, not less to the loss of the revenue than to the injury of the foreign merchant. The measures of reform indicated above include almost all that, on general grounds, can be called for. To come now to the Yiinnan outrage. Thirdly. The Prince of Kung ought immediately to give me an assurance in writing that such an escort shall be provided Mr. Grosvenor as wiU guarantee his safety as far as Manwyne, and, if he desire to return by Eangoon, as far as the point on the frontier nearest Bhamo. This point is but a few miles from Manwyne. Fourthly, A similar assurance should be given me regarding the escort of a fresh mission from India. There can be no difficulty about these two conditions. If Mr. Margary could go and return unmolested without an escort of Chinese troops, a fortiori, can any one be protected by such an escort. Fifthly. The Prince of Kung, as soon as he receives my report of the outrage, should immediately lay it before the Throne, and a Decree should be issued requiring the Acting Governor- General Ts'en to state how it happens that nearly six months after the event no more precise information has been forwarded to Peking than that contained in the Memorial of the Acting Governor-General, quoted in the Prince's despatch of the 31st July. Both the Memorial and the Decree in reply should be published in the " Gazette," care being taken, if the British Government or the British Minister is spoken of, that no form is employed other than should be used in speaking of a power the equal of China. Sixthly. A Minister of high rank should be at once sent to England to express the^regret of the Chinese Government at what had occurred. He should have instruc- tions, going and returning, to pass through India, and to ascertain from the Viceroy of India the nature of the conditions under which the Government of India would desire to see the trade of British Burma placed by the Chinese Government. Seventhly. The Decree directing this Minister to proceed to England should also appear in the " Gazette." (Signed) THOMAS FRANCIS WADE. Tien-tsin, August 11, 1875. No. 35. Mr. Wade to the Earl of Derby. -^{Received November 2.) My Lord, _ Tien-tsin, August 26, 1876. IE continuation of my earher despatches of this date, I have the honour to forward copies of two despatches 1 have addressed the trince of Kung, the first containing a 63 narrative of the Yunnan outrage, compiled with great care from the papers in my posses- sion and from the information furnished me by Colonel Browne, the second being a commentary on the first. I have, &c. (Signed) THOMAS FEANCIS WADE. Inclosure 1 in ]So. 35, Mr. Wade to the Prince of Kung. (Extract.) Tien-tsin, August 20, 1875. I HAVE the honour to acknowledge your Imperial Highness' communication of the 31st July, replying to my question concerning the mission of Li-hsieh-t'ai to Burma. This note incidentally quotes a Memorial of the Governor of Yiinnan, which embodies the report of the Tsung-ping and Taotai whom he had called upon to state what had occurred at Manwyne in February last. According to these officers, they had visited Manwyne and had there discovered that a foreigner named Ma had passed through Manwyne, on his way from Momein to Burma, in December 1874 ; that he by-and-bye returned, in company with a number of officers and soldiers frorn India ; that this party reached Yunnan in February last ; that they endeavoured, through the Burmese, to propitiate the Chiefs of the tribes whose country they were about to traverse ; but that the savages of these tribes, tempted by the sight of the things belonging to the foreigners, waylaid them in force and robbed them, first killing Mr. Margary, who was acting as guide. I shall request your Imperial Highness' attention to a very different version of the the story. As your Imperial Highness is aware,' Colonel Browne, the head of the mission repusled below Manwyne last February, was directed by the Viceroy of India to come to China and to place himself in communication with me. My conversations with Colonel Browne and the perusal of his journals and other papers forwarded me by the Viceroy of India, enable me to state what befel the mission with tolerable precision. I shall first advert briefly to Mr. Margary's passage through the province of Yiinnan. When I obtained passports for the Indian mission that was to enter Yunnan from the Burmese side, I obtained not only a passport for Mr, Margary, whom I was sending overland to interpret for the mission, but also letters which he was to carry from the Tsung-li Yamin to the Provincial Governments, through whose jurisdiction he would have to travel. From his journal, which is in my hands, it would appear that when he reached Yiinnan-fu, the capital of the Province of Yunnan, upon the •27th ISTovember, he found that the Governor Ts'en, Acting Governor- General of Yunnan and Kwei-chow, had been prepared by letters from the Tsung-li Yamen for his approach. At Mr. Margary's request his Excellency forwarded a letter for him to Colonel Browne, vid Yung-ch'ang, and he sent a couple of pfficials, a military man named Yang, and a civilian named Chou, with^ .- /^« him to that city, tit is clear that the Governor Ts'ln could be in no doubt as to the' ' ^ official character of " the foreigner named Ma," or of the nature of his errand.l It is plain that he knew Mr. Margary was to return by way of Yiinnan-fu, for although ne had excused himself from receiving him in person on the ground of his being busy, he sent to him to say that when he came back he would receive him. In a letter to me Mr. Margary dwelt much on the attention shown him by the Acting Governor- General Ts'en. It is not necessary to follow Mr. Margary step by step to Momein, On the 3rd of January he wrote from that place to the Agent of the Government of India residing at Bhamo, who received his note on the 9th. He then pushed on to I^an-t'ien, the head- ZL quarters of Li Chen-kuo, otherwise Li, the fourth brother, who appears to have the rank y^/ of ." hsieh-t'ai " in the district in question. Li hsieh-t'ai was absent on duty at y Manwyne. Mr. Margary came up with him there, and was hospitably received by him. Manwyne, described in the Acting Governor-General Ts'en's despatch as a hill town, is some sixty miles or more from Bhamo. The country between the two places is inhabited by wild tribes, known as Kakhyens, Shans, and others ; many of them, as is shown by the Memorial of the Acting Governor-General Ts'en, published in 1872, subject to the Emperor of China. Some, however, have their home on Burmese territory. The river Nam-hpoung is regarded by the Chinese as the boundary of China. CColonfil BrpvBae was informed that, when some time ago the Burmese were erecting ^uaj d-^^A^ Rouses) to protect the road from Bhamo, Li hsieh-t'ai and otHer^ Chinese officials '^ §4 protested against their constructioi^ on the Chinese side of the river. There are five of these guard-houses between Bhamo and the Ham-hpoung. Mfinwyne is the nearest town in China to the Burmese frontier by this route, and when Chinese officials proceed by this road to Burma, it is at Manwyne that they are handed oyer to a Bwrni^n gU3.rd for protection, From Manwyne accordingly Mr. Margary despatched a Chinese messenger to Bhamo. The man returned in a feiv days with a guard of forty Burmese, and, escorted by this guard, Mr. Margary and the Chjnese with him arrived at Bahmo on the 17th of January. It is especially to be noted that they met with no trouble or ditiiculty on their way. The Viceroy of India, being uncertain when Mr. Margary might reach Bhamo, and fearing that if Colonel Browne's mission were to advance without an interpreter, trouble might arise, had resolved that the Mission should not move forward unless it had an interpreter with it, and had telegraphed to me some weeks previously to this effect. To prevent delay I had sent Mr. Alien, another interpreter, round by way of Rangoon. Colonel Browne, however, had been in Bhamo but a couple of days when Mr. Margary appeared. Mr. 4-1'en joined them a few days later. The whole party thus assembled consisted pf the following members: Colonel Browne, Dr. Anderson, Mr. l^ey EUas, and Mr. Alien, the Interpreter, representing the Mission, travelling under the passport sealed by the Tsung-li Yam&n on ray application last summer, and forwarded to the Viceroy of India. Mr. Margary travelled under the passport with which he had crossed China. Their suite was as follows : — Mr. Margary had with him a Chinese teacher, and five or six Chinese servants, some of whom had been engaged at Shanghae, some at Hankow, and some in Tlinnan. Mr. Allen had with him also two Chinese who had accompanied him from Shanghae to Rangoon. Colonel Browne had four servants, three Indians, and a Chinese, surnamed Li, who stated himself to be a near relative of Li-hsieh-t'ai. He had been born in British Burma, and" spoke both Burmese and Chinese. Dr. Anderson, the medical man, had with him three Indian servants, a Burmese, who could speak Chinese, and three Indian assistants, possessing a certain amount of education, who were to assist in collecting botanical and geological specimens. Mr. Eey Elias had two servants. This gentleman had formerly been in business in China. He h9,d travelled much in the interior, and so lately as 1872 had returned to Europe vik Siberia by way of Uliasutai. There were besides two grooms (I imagine Indians) to look after the horses of the party about to enter China. The whole company under the two passports would accordingly amount, masters and followers, to from twenty' to thirty persons. To protect them against the tribes before mentioned, who are notorious thieves, the Government of Burma promised a guard of 300 men, who were to go with them as far as Manwyne. The number really furnished, according to Colonel Browne, was about 130. They were to appearance not soldiers, but militia or villagers, armed for the occasion. Our people proposed to take also a guard of fifteen Indian policemen, armed and drilled like soldiers, with on officer to command them. These Sikhs were to be sent back either from Manwyne or from any point farther inland at which a Chinese authority might be found ready to assure the security of the Mission. The mission was to move through the hill co^ntry by two routes ; Mr, 2iley Elias was ^ take what is known as the southern route, and to rejoin Colonel Browne at Momein or Tung-ch'ang. Colonel Browne and the rest had intended to proceed by the Sawuddv road d they eventually took the and l^antien to Momein. , ^ , , , ^7, before the mission started, a Chinese merphant, who appears to have been in the habit of going and coming, jnformedThe Political ^gent at Bb^njo that 4,000 Chinese troops were waiting at a placrivhicirhe named, to attack the mission. This merchant, whose name is givep, was kno^^^"to the Agent, but the Agent, conceiving that the friendly treatment experienced by Mr. Mar^arv when passmg through Yunnan, sufRcienlly discredited any report of the kind though he entered It m hisjournal, put no faith in the assertion. > ^h Colonel Browne as I have said, intended to follow the Sawuddy route, and he had hoped to start from Sawuddy about the 28th January, but he found it impossible to set the baggage of his mission carried forward. For the transport of this baggaffe it was necessary to enpge t;i^e services of tha rihes, and he found tlfe chiefs on the Sawuddj 55 route iSo obstructive that he was obliged, after a short experience, to return from Sawuddy to Bhamo, and proceed by Manwyne, The tribes on that side, under the influence of Burmese officials, came to terms, hut their laziness and extortion was such that he did not get away from Bhamo until the 6th February, and it Was the 18th before he reached the fifth and last guard-house on the western bank of the iTaihhpoung, men- tioned above as the coijimon boundary of China and Burma, It is ai this point a rapid river, some 30 feet brOad, fordable in most places. There had been a rumour the day before among the savages that there would be trouble along the road farther on, and on th^ 18th a Burmese, on his way south, came k into camp and stated that, according to the(King of Burma's cotton agents j residing at T^t^ Manwyne, which place he had left that moiWn g, LKEsieB-'t*a 1 and a ' certain Ch ief had ^^ combined to prevent the entrance of the foreign mission into China. The Burmese, be it observed, told this not to Colonel Browne, but to certain Burmese who were in his suite. Colonel Browne had met the man earlier in the day, and, in answer to his questions, had been assured by him that everything was all right at Manwyne. He heard subsequently from his own Burmese what their countrymen had told them. What the main object cOuld be in Assuring him that the road was secure, while in the same breath he warned his fellow countrymen that it was unsafe. Colonel Browne could not divine, still he was unwilling to believe his story, and Mr. Margary scouted it as ridiculous. It was eventually decided that he, Mr. Margary, with his Chinese teacher and servants, should start the next day for Manwyne, accompanied by the man named Li, before spoken of as the relative of Li-hsieh-t'ai. A guard of Burmese and hill-men (Kakhyehs) were to escort thehi to Manwyne. Mr. Margary had not long left the camp, on the morning of the 19th February, when a Kakhyen came in and stated that he had left |j[anwyne the day before, and th^^t he had there heard of a force being collected by one/ Yang- ta-jgn , a C hinese_offi.pial,jto oppose the advance of the mission, and that the Chief of one of the tribes ( the Tsa irai Tsawbwk) was to act with Yang-ta-jin. The same man stated that Li-hsieh-t'ai waS not: at Msflwyne, but at Maing-maw, on the southern route. On the 20th Colonel BrOwne received letters from Mr. Margary and the man named Li (who could write BurnieSe). They had reached the town Tsarai, the head-quarters of a tribe, and reported the roads up to that point safe, and the people everywhere civil. Colonel Browne accordingly crossed the Nam-hpoung with the mission, atid commenced the ascent of the hills to the east of it, passing through various villages, of which the Chiefs showed themselves friendly, until he reached a camping-ground oh a considerable elevation, some distance from Tsarai. Here the man named Li came back to th6 inission from Tsarai. The Chief, he said^ had received him with open arms when he found him to be a relative of Li-hsieh-tai ; but ^^ O hd described him as discovering some anxiety lest he should get no share of the money which was to be paid as black-mail to the tribes ; and it was finally arranged that he, Li, should return next morning to the Chief with a present, and with a promise that he should not be a loser. On the following morning, 2lst February, Li went forward to Tsarai with the present. The mission was also to have started early, but difficulties were made by some of the Chiefs, on whose aid they were dependent for the transport of their baggage ; and, after waititig for some hours, Colonel Browne and his companions decided to leave the baggage in camp, and to go with their Sikh guard as far as Tsarai, to try and quicken the Chiefs. On their W^y they were overtaken by a Kakhyen, who begged them to return to the camp, as their Burmese wished to consult them about moving the baggage. They were, by this time, so near Tsarai that Colonel Browne preferred to go on to that place, promising that, his visit paid, he would go back to camp if necessary. He found Tsarai to be a village situated on high ground, from which the cliffs about Manwyne were visible, and, at one time, he had thoughts of proceeding at once to that town, but .the manner of the Tsarai Chief and his people awakened his suspicions. This Chief's son, too, it had heed agreed, was to remain at a particular spot as a hostage for the safety of the mission • and a report was current that he had disappeared. Colonel Browne therefore resolved to wait for the morrow's news; and leaving behind at Tsarai a Chief who had made very friendly professions .to obtain information, he and the rest of his mission made their way back to the camp, which they reached in the evening. Here they found that the tale of the Kakhyen who had overtaken them in the morning was false ; that the detention of their baggage was due, not to the objections of their Burmese, but to the refusal of certain Chiefs to let it mote. The reason of this obstructiveness Will, I think, be plain in the sequel. Another unpleasant piece of intelligence was that some Chinese had been seen recoil- ^ 56 noitring the position of the camp from the height above it. This had so alaimed the Burmese that they had thrown up a couple of breastworks. The ground on which the Mission was encamped was overlooked, more or less, by hills on three sides ; in front, to the right, and in rear, to the left— that is, westward. A steep slope descended almost precipitately to the Eiver Nam-hpoung. On rising on the morning of the 22nd February, Colonel Browne found a continuous line of armed Chinese defiling along a ridge on his right towards the rear of his camping ground, where, on a hill covered with jungle, a strong force had established itself. It soon became apparent that, except on the steep to his left, by which it was impossible to attack him, he had enemies on all sides ; and, while in doubt as to what could have pro- voked their hostile action, the chief of friendly professions came up the steep on his left with the news that Mr. Margary and all the Chinese with him had been murdered ,the previous evening at Manwyne ; that a force of 4,000 men had been assembled by Chinese officials at Momein to annihilate the Mission, and that the men then approaching were but part of an advanced guard of 800 men. He had endeavoured, he said, to reach the Mission earlier to give the alarm, but had been detained, and deprived of his pony. He had, however, escaped, and had come on on foot. While he was speaking the Chinese, creeping up through the jungle in the rear, began to fire on the Mission, and the chief disappeared. Some of the bolder Chinese advanced through a gap in the hills in rear of the position into the open ground, waving guns and trident spears. They shouted out in Chinese that they were commanded by Shouk-goon (the sounds are doubtful), nephew of the great Li (that is, of Li-hsieh-t'ai), and called on the Burmese escort to retire, and leave the Ka-la to their fate. The word Ka-la, or Koo-la, appears to be opprobriously used on the border as Kuei-tzu is in Peking and other parts of the Empire. The Sikh guard opening fire upon these Chinese soon drove them back with some loss. The Burmese also kept up a fire ; but they were badly armed, and did no execution. It is noteworthy that throughout the Chinese never fired at the Burmese, and that even when retreating before the fire of the Sikhs they continued as before to shout their advice to the Burmese to keep away from the foreigners. After their first repulse they did not venture near the Sikhs again, but continued firing at them at long range from out of the jungle, where they were concealed, till the afternoon. Colonel Browne then, with the aid of some friendly savages whom he bribed, succeeded in getting the jungle fired in rear of the attacking force, and as the flames spread the Chinese rushed back to gain the ridge along which they had originally come down. On examining the ground after their flight. Colonel Browne found that works had been thrown up during the night across the road in his rear, so as to intercept his retreat. The Chinese had left some dead on the field, and the head of one of the latter was cut off by a hillman, who brought it to Colonel Browne, observing that he might thereby be satisfied that his assailants had been Chinese, and not men of the hill tribes. While these things were passing on the middle route, Mr. Ifey Elias, though happily he escaped alive, was meeting with all sorts of difficulties on the southern route. He had reached Maing-maw on the 15th February, at which town he found Li-hsieh-t'ai, as Li affirmed, with 300 men. Li-hsieh-t'ai urged Mr. Elias to take another line, on the ground that the route he proposed to follow would be exposed to great danger from the savages of different tribes. Mr. Elias suggested that Li-hsieh-t'ai should give him a guard, but he declined. One of the chiefs in . that neighbourhood showed himself equally opposed to __ Mr. Ehas's advance, stating plainly that, "passport or no passport," he could noi^nter . China on that side. Mr. Elias, seeing that between Li and the aforesaid chief his way was completely barred, determined to try another road lying through Burmese territory further south, and that was recommended by Li-hsieh-t'ai, and on the 18th February he moved on from Maing-maw in the direction indicated. Before going farther it should be noted that he had offered a rifle and a quantity of cartridges as a present from the Chief of the Mission to Li-hsieh-t'ai. Li accepted the present, and sent a message with a card by way of acknowledgment, but he shortly after light him. The servant, by name Wang H&iu-shuang, waited on him, and in due came back to state that Li had only declined the rifle because he thought Mr. Elias was angry with him, and that hewould like to have it. Mr. Elias sent it to him by the servant, and Li again returned his card. ""J 57 The incident is thus detailedly stated because the card subsequently played an important part. As has been stated, Mr, Elias left Maing-maw on the 18th February, but he made \ but little way. He could not get carriers. Different reports reached him to the effect | that Li and the Burmese had combined to stop the whole mission, and that Li had ) soldiers stationed at various points throughout the country of the tribes. / \ On the 27th February certain Chiefs of tribes (Tsawbwas) overtook him, with a short note from the Political Agent at Bhamo, announcing the murder of Mr. Margary and the repulse of the expedition, and conveying instructions to Mr. Elias from Colonel Browne, to hasten back to Bhamo. To Bhamo Mr. Elias proceeded accordingly. To return now to Colonel Browne. In the attack of the 22nd February, though some of his people were slightly wounded, no one happily was kiUed, and the Chinese having drawn off in the manner I have described, the Mission commenced its retreat towards Bhamo. _ On the following morning, 23rd February, two letters were brought in from the(J£ing of Burma's Cotton Agent at Manwyne^ addressed to a Burmese official attached to Colonel Browne. The first letter stated that Mr. Margary had arrived in Manwyne on the 20th February, and that on the 21st he and five Chinese with him had been killed by '^ the Chinese. It added that the writers were themselves in great fear, as the Chinese ofiicials suspected them. The second letter stated that three Chinese officer s, whose names are given, and who had been sent to Manwyne by the Momein authorities, had desired the writers to ^ impress on the Burmese jtddjressed that_ on the 23rd February he musfseparate Emself ''^^ from iEhe~BnglisFXa-Ias whom he was escorting ; that he must^^srtheriBave them and go back, or stay in some place a mile or two apart. If he did not, and came to be wounded or killed, he was not to blame the Chinese. If the Ka-las followed him he was not to give them shelter. The attack would be made on the night of the 23rd. From 8,000 to 4,000 men were collecting and surrounding the party. These letters, be it observed, were not intended for the eye of a foreigner. They were written in the Burmese language, by Burmese officials, to a Burmese official, who did not desire to show them to Colonel Browne. He, however, requested a sight of them, and being a competent Burmese scholar, when he had read them he caused copies of them to betaken. I append Chinese translations of these two letters. It was now evident that the Mission had not been expected to arrive so soon in the neighbourhood of Tsarai, and that its appearance there on the 19th, and Mr. Margary's advance to Manwyne, had precipitated the attack of the Chinese force. The messenger who brought the letters further stated that a force of Chinese and Kakhyens was even then on its way to the fourth guard-house on the Burmese side of the !N"am-hpoung, to cut off the Mission. The Mission pushed on consequently to the ground in question, and learning there that Kakhyen scouts had been seen reconnoitring the neighbourhood, continued their march until they reached the second guard-house, where they halted for the night. Colonel Browne, stiU reluctant to believe that Mr. Margary and those with him had perished, did his best to induce some one to obtain information from Manwyne, but neither friendly Kakhyens nor Burmese could be persuaded to makejthe attempt. AU the roads, they said, were carefully watched by Chinese troops. L-Colonel Browne was especially anxious about Li, the reputed relative of Li Hsieh-t'ai ; and, in the opinion ofx some of the friendly Kakhyens, this man might have been protected by the Tsarai Chief in consideration of his relationship to Li Hsieh-t'ai, but this, they said, was not certain, because Li Hsieh-t'ai had given orders that if anyone, even his own son, was found siding with rebels or Ka-las, he was to be killed. "^ Colonel Browne therefore proceeded on his way to Bhamo, passing through various villages in which Chinese traders reside. On his way up these men had shown them- selves civil enough. There was now a marked change in their demeanour. He made the same observation* in Bhamo, which place he at last reached on the 26th February. Here he remained for some days, vainly hoping for information, but receiving none of consequence, except the report brought in by certain Kakhyens that Yang-ta-jen, the Chinese official at Manwyne, before spoken of, had punished the Chinese officers engaged against the mission on the 22nd for having allowed any one to escape. His orders had been positive that everyone connected with the expedition, European, Chinese, or Burmese, was to be killed. The muleteers in charge of the baggage of the mission had decamped the moment the Chinese opened fire on the 22nd February, and the mission had given it up for lost. A small portion had, however, been recovered by the Burmese and brought into Bhamo L344J ' I 58 on the 26th, and on the 3rd March the Chief of friendly professions made his appearance with a good deal more. There were some articles of value missing, but on the whole less than was expected. i. -n i. One of the Burmese sent into Manwyne with Mr, Margary on the 20th lebruary escaped, and on rejoining Colopel Browne made a deposition, dated 25th February, eopj of which I append. This, it will be seen, affirms that Mr. Margary and five Chinese were killed on the 21st February by Chinese officers, and that Chinese officers desired certain Burmese named to send to their countrymen to separate from the Ka-las ; that /he, the deponent, was sent on the 22nd with letters to the above efiect; that on the / road he met Li Shouk-goon, who told him that he was coming back from the fight (^ between the English and the Chinese and Kakhyens. It should be noted that this man gave the name of the Chinese who spoke to him at Manwyne. I append also the deposition of another Burmese belonging to the King's Cotton Agency at Manwyne, who arrived at Bhamo on the 26th February, the same day as the mission. Some days before Mr. Margary 's arrival in Manwyne he had heard rumours of the collection of Chinese troops upon the hills. He saw Mr. Margary in Manwyne on the 21st February. Two Chinese officials, whose names he gives, came down from Momein with a force of from 3,000 to 4,000 men. He did not see this force, but heard the noise it made outside the town at night. He gives the details that had reached him of the / death of Mr. Margary and his people, observing that they were wounded, not by local savages or Chinese, but by order of the Chinese officials who had come from Momein. Another Chinese official, the day after the fight, he states to have vowed vengeance against the Burmese for having taken part with the English in the affair of the 22nd. The Burmese, with the exception of a few, had therefore fled from Manwyne. His deposition closes with a rumour of particular significance — to wit, that the heads of Mr. Margary and those killed with him had been taken up to Momein after having been exposed in Manwyne. After a lew days' rest at Bhamo, Colonel Browne passed on to Mandalay. He there found that on the 16th February the Eesident, Captain Strover, had written to inform him of a report current in the Palace to the effect that a large body of Chinese was in readiness to oppose the mission's entrance intg. China. The Resident's letter had not reached him as he was on the line of march. LOther information he obtained satisfied Colonel Browne that the preparations of the Momein officials, which so nearly proved fatal to him, had been perfectiv well known in the capital of Burma for days before the attack on the 22nd February. J I have one word to add about Mr. Elias. Towards the end of May his servant, Wang Hsiu-shuang, a native of Han-yang, who had been originally one of Mr. Margary's suite, arrived in Shanghae. He told a somewhat rambling story, and, when cross- examined, contradicted himself a good deal. On one occasion, however, he stated with tolerable precision the route that he had followed after parting with his master, and he adhered throughout to one of his first statements, namely, that his safety along the frontier of Yunnan was due to the influence of Li Hsieh-t'ai. In his deposition, taken before the Consul at Hankow, he had spoken of a safe conduct, but this at Shangha-e he explained to mean the card of the Hsieh-t'ai ; that card which Li Hsieh-t'ai had sent to Mr. EHas in acknowledgment of his present on the 18th February at Maing-maw. Whether Li Hsieh-t'ai was present with the troops who tried to cut off Colonel Browne below Manwyne on the 22nd February, there is nothing to show. On the 18th, as Mr. Elias records, Li was at. Maing-maw; according to his own account, with 300 men. Manwyne is not a hundred miles from Maing-maw. He would have had time enough, therefore, to fall back on Manwyne after Mr. S"ey EUas's departure. The troops who attacked, however, shouted out that their leader was Shouk-goon, the nephew of Li and they would hardly have done this had Li himself been with them. " This closes what I have to say in the way of narrative. Mr. Mayers, the Chinese Secretary, is instructed to wait upon the Ministers of the Yamen to explain anything that may not be clear to their Excellencies. The conclusions at which I arrive, from the matter now before your Imperial Highness I shall have the honour to submit to your Imperial Highness in a separate despatch. 69 Inclosure 2 in No. 35. Mr. Wade to the Prince of Rung. Sir, Tien-tsin, August 21, 1876. YE continuation of my despatch of yesterday, I have the honour to submit to your Imperial Highness the following observations : — , That an act of treachery and violence was committed on the frontier of Yunnan last Februarj- cannot be disputed, and the first question to which Her Majesty*s Govern- ment is looking for an answer is upon whom is the responsibility of the act to be laid ? It is impossible for the Government of China, Central or Provincial, to deny that it was aware of the approach of the mission from India. Not only was the seal of the Tsungli Tamen affixed to the passports under which Mr. Margary and the mission were to travel, but Mr. Margary carried with him letters to the Provincial Government through whose jurisdiction he had to pass, and at Yiinnan-fu he found the Acting Governor- General Ts'en already in receipt of letters from the Yam^n in accordance with which, apparently, his Excellency, after treating him with great consideration at Yiinnan-fu, caused him to be escorted as far as Yung Ch'sing. Before the mission left Bhamo, Mr. Margary^^-A wrote both to Li-hsieh-tai at Nantien and to the authorities at Momein to give notice oT^ his return. In your Imperial Highness's despatch of the 31st July I am requested to remember that when the passports were applied for last year by Mr. Mayers, the Ministers of the Yamen referred in the course of conversation to the recent conclusion of the civil war in Yunnan, and warned Mr. Margary that the route could not be clear throughout; -If the Ministers held this opinion, they could only have derived it from the reports of the Provincial Government. The Acting Governor-General Ts'^n would, in that case, have been as alive as they to the contingency of danger by the way, and even without instructions, surely, it would have been his duty, if he thought the country unsafe, to look to it that no harm befel the foreign mission within his jurisdiction. But if the Ministers of the Yamin entertained the apprehensions they expressed to Mr. Mayers last summer, it is to be assumed that in the letters from the Yamen that had reached the Acting Governor-General before Mr. Margary's arrival, he did receive instructions to assist and , protect the mission. What else could have formed the subject of the Yamqn's letters ? i/'^ ^And if he did receive instructions, how came he so imperfectly to respect them ?^ Was 'J'^ jt^ his estimate of the insecurity of the route different from that of the Yamen as expressed '^'^ to Mr. Mayers ? Did he think the road safe ? That the road is not at all times insecure is proved by the fact that in January, without any escort at all, Mr. Margary travelled Unmolested from Momein to Manwyne, and from Manwyne with a Burmese escort through the country of the tribes to Bhamo ; while scarce a month before, a Burmese Embassy, leaving Bhamo on the 1 5th December, had passed up by a parallel route to Momein. Mr. Margary was informed as he travelled southwards that some of the Burmese were but a little distance to his left, and they entered Momein shortly after he had left that city. The Embassy was bringing tribute to the Emperor of China. /Jf the tribes were tempted to attack Colonel Browne, as the Tsung-ping Yang and the Taotai Chen affirm, by the sight of the things his party were carrying with them, why was their cupidity not equally excited by the far more valuable articles that must have been in charge of the tribute- bearers ?J Either the road was not so insecure as the Ministers of the Yamen imagine, or the Governor- General had taken steps for the protection of the Burmese tribute bearers. If s'o, why was liot equal care extended to the subjects of a Treaty Power entering China tinder passport ? These questions, it must be admitted, are a natural rejoinder to the explanations tendered by the Tsung-ping Yaiig and the Taotai Ch'en, namely, "that the attack on Colonel Browne and the murder of Mr. Margary were the act of the hill tribes, tempted by the prospect of plunder. With the facts communicated in my despatch of yesterday before me, your Imperial ^^ Highness will understand that it is qui te impossible for me to attach the smallest credit to^er eport of j hesaimL-officfirs. I cannbtregaMir as otherwise than as an aggrava- tion of the atrocity for which my Government is demanding satisfaction. I must add that the transmission of so idle an explanation at this juncture is calculated seriously to impair any confidence that might have been felt in the good faith of the Chinese Govern- ment. Savages of the tribes under Chinese jurisdiction no doubt took part in the attack on Colonel Browne ; but according to the evidence, oral or written, of persons some of them Chinese, some Burmese, some Chiefs or savages of the tribes, speaking or writing. in diflferent localities; widely apart, and without the possibility' of a concerted design to [344] I 2 60 mislead, Chinese authorities made preparations to waylay the British Mission on a par- /ticular day; Chinese authorities urged Burmese to warn Burmese to separate themselves V from the Mission upon that day ; and Chinese authorities, having caused Mr Margary to he murdered in Manwyne, moved troops, who were recognized by Colonel Browne to oe Chinese soldiers, to attack the Mission. These are the facts which I fi^d to be substan- tiated by the testimony of the Chinese dealer at Bhamo a month before the attacJc, by the observation of Burmese to the Eesident at Mandalay, 100 miles trom tHe scene of action, six days before the attack ; by the letters and depositions which came into Colonel Browne's possession immediately after the attack. It is noteworthy, also, tnat different witnesses agree on other points of special interest— as to the number ot ^roops assembled, for instance ; as to the names of the chief actors, Tang-ta-jan and the Msien- <<£^^^^ Li. Are we to set aside a series of statements m consistent, and to adopt in its place ^,5"^ the story told by Yang-tsung-ping and Ch'^n Taotai ? I repeat that the transmission of such a report at this juncture is most untortunate. Her Majesty's Government will call to mind that when first informed of this outrage the Minister of the Yam^n declared the appointment of a special Commissioner to be out ot the question ; my application for passports to enable my own Agents to take part m the inquiry was resisted on the ground that the Treaty provisions regarding joint investiga- tions was limited to cases at the open ports. When I threatened to break relations if I was refused them, I obtained the passports I demanded; but a fortnight later, on the 14th of April, your Imperial Highness addressed me a despatch in which I was requested to observe that their issue in this instance was a special concession, and was not to be referred to as a precedent. Meanwhile, although towards the end of April a high officer at Tientsin had shown (spoken to) Mr. Mayers (of) a letter received from an oflScial in Yiinnan referring to the attack on Colonel Browne, yet when Mr. Eraser sent some weeks later to the Yamen to ask for news, the Ministers could only tell him that two officers had been sent to the spot to make inquiries. All this time the murder is known even to the common people in Ssu Ch'^n and Huonan. It is the subject of placardsand caricatures in the capital of the former province and in Yo-chow.' In the latter a British missionary is taunted with it by the Prefect. At length, full three months after the date of my first communication, that of the 12.th March, Li, Governor-General of Hu-kuang, is directed by Decree to proceed as a Special Commissioner to Yiinnan.^ I send Mr. Grosvenor, the secretary, who had been designated to represent my Legation in the inquiry, to wait upon his Excellency Li, who informs him that he has no instructions from the Yam^n about the attack on Colonel Browne ; his sole concern is with the murder of Mr. Margary. His Excellency Li inspected Mr. Margary's passport last year, yet he throws doubt upon the validity of those now submitted to him by Mr. Grosvenor as documents issued by a foreign ofiicia], the seal upon which — the Yamen's seal — ^he observes is insufficiently clear. It manifestly became my duty not to send forward Mr. Grosvenor without some clearer understanding of the recognition of his office. I came north with him accordingly, and at Tientsin I received the two despatches of the 31st July now under acknowledgment, in which your Imperial Highness has acquainted me with the report of the officials Yang and Ch'en. This is all that the Tsungli Yamen is enabled to communicate to me five months after the attack upon our Mission. I presume that the Acting Governor- General Ts'^n intended this report to he believed, or he would not have ventured to make it the subject of a Memorial to the Throne, and I presume that your Imperial Highness intends that I should accept it as credible, or it would not have been embodied in a despatch to my address. Bead with Mr. Grosvenor's account of his interview with the Governor-General Li but a few days before your Imperial Highness' despatch was written, it will not fail to provoke the gravest suspicions on the part of Her Majesty's Government. This at least ' is the effect of the coincidence on myself. As soon as the Decree nominating the Governor- General Li appeared in the " Gazette," I telegraphed to the Earl of Derby that I thought there was a change for the better in the situation. When five days later your Imperial Highness formally communicated the Decree to me, I telegraphed again in confirmation of that opinion. But on Mr. Grosvenor's return from his visit to the Governor-General Li, I telegraphed that there appeared to me a change for the worse ; and now having carefully considered your Imperial Highness' despatches of the 31st July, with other circumstances that it is not necessary for me here to enumerate, I have telegraphed once more to state' that the Chinese Government, I am presuaded, is trifling with me, and that I have therefore detained Mr. Grosvenor. I have not the slightest apprehension that any harm will befal Mr. Grosvenor, but it is my duty to see that my Government is not befooled in a matter so serious. I shall take the liberty of requesting your Imperial Highness to reperuse the long 61 and very earnest despatch which I had the honour to address your Imperial Highness on the 9th July, 1870, when I first learned that one of the unfortunate Sisters of Mercy massacred at Tientsin ^vas a British subject. The Tientsin massacre, I urged, was hut ^'"^ '^^ the natural outcome of a system of policy which leaves the people of China in ignorance . ^ of the claim of foreign nations to be regarded as their friends and equals, while it ^jj,^ encourages hostility lo the foreigner, if not by precept, yet continually by example. I' '"* ?^^ insisted strongly upon the necessity, if China would avoid the danger, from misunder- i'J^ .\j standings with all nations united, to which adherence to her exclusivism exposed her, ^^'^ , without loss of time to set about a revision of her ancient system. !No attempt worth \^/^ the name has been made to revise it, and not a year, nay, scarcely a month, passes by '^ M without some Legation having to complain of either the hostility, or the obstructiveness, f^^ )( or the indiflference of one Chinese official or other. (T?he outrage in Tiinnan ^ (^ surpasses in -many particulars any on record in China."! Certain oflBcials in the '^ i,<,f Momein jurisdiction have deliberately perpetrated an act of war upon a British If^"]} Mission, whose security should have been assured by the passports I obtained for it ^^' / from the Tsung-li Yamen, and under the direction of these same Jofficials, the interpreter ^cV^ of the mission has been murdered. We require to know by whom and for what '' , reason this act of war was^-dpne. Who were the instigators? Was the'acTdue C/--'^'' toTEeTiostility or carelessness of the instructions sent by the Tsungli Yamen to the ^ Cp'" Acting Governor-General Ts'gn, or to the hostility or carelessness of the Acting r^ Governor-General himself, or to the hostility of Yang-ta-jen whoever he may be? It is of the official authorities whose hostility or carelessness is responsible for the movement of troops from Momein to Manwyne, that satisfaction for the murder of Mr. Margary will be required, not of the miserable soldier or savage who Was only obeying orders when he kOled him. , But this satisfaction rendered, there wiU still remain to be dealt with the far larger question of security for the future. The fountain of these crimes has to be stopped. The Central Government has to declare boldly its condemnation of that Jhostility to the foreigner, which at present its officials make it a rule to exhibit, the consequences of which make themselves felt in outrages such as that of Tientsin and Yunnan. Simple protestations of its purpose hereafter to do this or that are of no avail. I have heard them reiterated any time these fifteen years, and if at such a crisis as the present I were to accept a profession of good intentions in lieu of acts that I could regard as really prqving the intention of the Government to reform its foreign policy, I should be lending myself to the continuance of the vicious system I so condemn with the aU but certainty that it would reproduce itself in some form of atrocity next year, next month, perhaps next week. I should then be met, as in June 1870, and in last March, with the usual assurance that the new atrocity had taken the Chinese Government quite by surprise, and this explanation would be held quite sufficient to excuse its usual dilatoriness of action until such time had elapsed as' might secure the delinquent a mitigated penalty. The Yunnan affair is too grave an affair to be hushed Up or compromised. The guilty must / undoubtedly be punished, but the Chinese Government must look beyond this case to the/ ixy establishment of relations with foreign Powers under such conditions as will more surely '^ ^ guarantee their duration unbroken. fe.(-*^ My own further action in the matter must be regulated by the action your imperial Highness may see fit to take. I avail, &c. (Signed) THOMAS FRANCIS WADE. No. 36. Mr. Wade to the Earl of Derby. — {Received Octohe^ 25<) My Lord, 'Ren-tsm, August 26, 1'875. MR. MAYERS, the Chinese Secretary, having proceeded to Peking, in accT)rdanc6 with his instructions, waited on the Ministers of the Yamen, and was, on the 20th instant, specially invited to meet their Excellencies for the purpose of discussing the Memorandum of Propositions I had sent in to the Grand Secretary Li on the 11th jnstant, copy of wfiich was inclosed in my previous despatch of this date.* I inclose copy of Mr. Mayers' translation of the Yamen's memorandum, drawn up as a rejoinder to mine. I have, &c. (Signed) THOMAS FRANCIS WADE. - I) li ft • No. 34. 62 Inclosure in ISo. 36. Memorandum from theTswg-li Yamenin reply to Mr. Wade's Memorandum of August U, addressed to the Grand Secretary, Li Hung-chang. (Traedlation.) . - t> t • a i. RELATIONS of intercourse between foreign representatives at Fekmg and Chinese high officials at the capital. _ i a -l-u On this subject it has to be observed that the treatment of all affairs connected with the international relations between China and foreign countries belongs exclusively to the Tsungli Yamen, in concert with the various foreign Representatives. It is of course right that the "Ministers of the Yamen should hold intercourse with the Representatives Ment have been submitted to the Throne, and at the same time communicated to the Gov^nor- General Li [the High Commissioner now on his way to Yunnan J, with instructions to make accurate and full examination of the particulars and evidence relatine: to the cas^ and to lay the facts elicited before the Throne. With reference to the remark further <50tttai!»ed m tfe© British Minister's despatch, t» the effect that the Chinese Government must look beyond the case in qtiesfion to an improvement in its foreign relations the Prince would observe that, as regards tlie steps necessary to be taken in connection with the case itself, such as the provision of escorts for the protection of Mr. Grosvenor ia Yunnan, and also of a future expedition from India to Yiinnan, a declaration has already been distinctly given in the reply sent on the 23rd August to the British Minister's Memorandum, stating the manner in which protection will be aflforded. Furthermore, with reference to the two propositions for the nomination of an Envoy to England to cement (or re-establish) friendly relations, and the censuring of the Governor of Yiinnan Imperial Decrees have already been received, copies of which, reverently made, have been communicated for the inix>rmation of the British Minister. The two points addi- tional to the treatment of the present case, as specified by the British Minister, namely, intercourse between the foreign Representatives at Peking and the high officers of the Chinese Government and full compliance with the Treaty stipulations in respect of com- mercial matters, must be discussed in perstmal conference with the British Minister and satisfactorily arranged, as has already been distinctly stated in the Memorandum delivered to him in reply. As regards the measures which it is necessary to take, either in connection with the particular case now pending or with matters additional to this case, the Prince is in no respect unwilling to join the British Minister in consultation, with a view to satisfactory results, and in arranging the action which should be taken, in order to the consolidation of the friendly relations subsisting between the two countries. A Memorandum is appended containing replies to the various observations embodied in the British Minister's despatches under acknowledgment, of which he is requested to take note. Inclosure 5 in No. 44. Memorandum in reply to Observations in despatches of August 20 and2\, 1875. 1. Observation. — That confidence in the good faith of the Chinese Government must be impaired by the report presented by the two officials Yang and Ch'fin; and that the Prince must have intended their report to be believed or he would not have communi- cated it. Reply. — The Yamen wrote on the 31st July to the British Minister informing him of the Memorial lately received from the Governor of Yiinnan, to state that the two officials, Yang and Ch'^n, had reported the attack [on Colonel Browne and Mr. Margary] to have arisen from the cupidity of the savages when excited by the prospect of booty; to which it was added that, so soon as the Governor-General Li, on his arrival in Yiinnan^ should have instituted inquiry, conjointly with the Governor-General and the Governor, and laid the result before the Throne, a further communication would be made on the subject. As the Governor of Yunnan had memorialized, transmitting the report made by the two officials in question, and as the British Minister had written to inquire, it was a manifest duty to acquaint him with the particulars reported ; but the Yam^n was not in a position to judge as to the veracity of the report presented. It was stated, indeed, in the despatch that the Governor-General Li would make inquiry on his arrival in Yunnan, and report further to the Throne. It is plain, therefore, that the Yamen neither asserted the report to be true, nor wished the British Minister to accept it in that light. Had the statements forwarded by the two officials, Yang and Ch'^n, been iactually considered to represent the truth, what need, it may be asked, would there have been for His Majesty to appoint the Governor-General Li to undertake a commission of inquiry ; and why should it have been stated that his Excellency would investigate and report on the circumstances after reaching Yiinnan? If the British Minister will apply this reasoning to the case, it will doubtless suffice to set his mind at rest. 2. Observation. — Respecting appointment of Imperial Commissioner, at first declared impossible, &c. Reply.— When the Yunnan aflair first became known, there being officers of the high rank of Governor-General and Governor in the province, it was obviously the proper course to call upon those officers to institute inquiry and action. It would have been precipitate to apply for an Imperial Commission of Inquiry. When, however, the report received from the Provincial Government was found to amount to no more than what was stated by the two officials, Yang and Ch'6n, the mandate of the Sovereign appointing the Governor-General Li to the mission of inquiry was forthwith issued. Although three months had meanwhile elapsed, yet, if the distance between Peking and Yiinnan and the length of time required for the passage of correspondence to and fro be considered. the action taken can scarcely be called dilatory. 72 3. Observation.— That the Governor-General Li professed ignorance of the attack on Colonel Browne, and doubted the validity of the passports issued, &c. Reply. — The Governor-General Li having been appointed by Decree to proceed forthwith to Yiinnan and undertake an inquiry, it follows that every particular requiring to be inquired into and dealt with in connection with the case referred to is embraced within the scope [of the inquiry]. The Governor-General Li, not being infornaed, on the receipt of the Imperial Decree^ of all the details with reference to the case, it was the duty of the Yamen to forward to him copies of all the correspondence that had talccn place in the matter ; and it is possible that, at the time of Mr. Grosvenor's visit, his Excellency had not yet received the Tamen's communication. As far as the passports are concerned, they were drawn up and stamped in a manner seldom seen in the provinces. The Yamen have now communicated to the Governor-General Li the Imperial Decree issued in reply to their Memorial of the 28th ultimo, requesting that he be directed to hasten forward with all despatch to Yiinnan, and there can be no doubt 'that he will take action in full obedience to the commands issued. If the British Minister will compare the reply above given with that tendered in the preceding paragraph, and bring them to the notice of his Government, there can be little doubt that any suspicions entertained will be dispelled. 4. Observation. — That what has to be ascertained is whether the act of war committed in Yunnan was due to carelessness in the instructions issued by the Yamen, &c. Reply. — Since the issue of a passport last summer to Mr. Margary, for his journey to Yunnan, the Yam6n have communicated every Decree issued to them, all despatches and notes received from the British Minister, and all memorials, despatches, and notes, emanating from the Yamen themselves, without the slightest exception, to the Governor- General and Governor of Yunnan. No want of care can in any degree be attributed [to the Yamin]. 5. Observation. — ^Eespecting telegrams to England on the receipt of Mr. Grosvenor's account of his visit to the Governor-General Li, and the consequent detention of Mr. Grosvenor. Reply. — On receipt of the British Minister's despatch in March last, stating that no proceedings could be looked upon as satisfactory unless a foreign official should be present at the trial about to be held, the Yam6n put their seal on the passport [issued for this purpose], and sent it to the British Minister. They at the same time appointed Sung Pao-hwa as the official to act as escort [to the British Delegate]. The Governor- General Li having now reported that he was about to set out on his journey on the 18th August, as was notified to the British Minister by the Yamen on the 27th ultimo, the officers appointed to proceed to Yunnan, to be present at the trial, should also set out immediately, in order that the case may be brought to a speedy conclusion. 6. Observation — That at such a crisis as the present the Chinese Government must publicly display an earnest intention to improve its foreign relations. Reply. — The Chinese Government has been now for many years in friendly relations ivith the Government pf Great Britain, and the present affair having come to pass in Yunnan, there is undoubtedly reason that it should publicly manifest its desire for peace and amity, in fulfilment of the duties of friendly relations. The Vice-President Kwoh Sung-tao and his colleague having now been imperially commissioned as Envoys Extra- ordinary to proceed on a mission to England, it may be hoped that the relations between the two countries will, for the future, be strengthened in their friendly character. Inclosure 6 in No. 44. Mr. Wade to the Prince of Kung. ' 1 T ^ -r. L Tien-tsin, September 7, 1875. 1 HAVE /the honour to acknowledge the receipt of your Imperial Highness's commu- nication of the 3rd instant. There is much in it that will need some further discussion ; but I purpose deferring this until my return to Peking, I shall for the present confine myself to observing that as, according to the Mem.o- randum appended to the despatch under acknowledgment, every paper relating to Mr. Margary's mission was forwarded to the Acting Governor-General of Yiinnan tlie neglect of duty both before and after the attack upon Colonel Browne's mission witli 73 which I have held myself jixstified in charging that high officer, seems to be sufficiently established. • I beg to add that the communication to me of the Imperial Decrees referred to by your Imperial Highness as having been transmitted by the Tsu'ngli Yam6n to the Acting Governor-General Ts'en will, I cannot doubt, be viewed with satisfaction by Her Majesty's Government ; and I have therefore to request that I may be supplied with copies of these documents. I renew &c (Signed) ' THOMAS FRANCIS WADE. Fo. 45. Mr. Wade to the Earl of Derby, — {Received November 8.) (Extract.) En route to Peking, September 10, 1875. I HAVE the honour to inclose copies of correspondence regarding the appointment of a Mission to England referred to in my despatches ot yesterday. In nly reply, for the reasons I have elsewhere given, while I thank the Prince for the communication of this Decree, I request that nothing more be done in respect of this Mission until my return to Peking. Inclosure 1 in No. 45. The Prince of Kung to Mr. Wade. (Translation.) Peking, August 29, 1875. THE Prince has to forward the following copy, reverently made, of an Imperial Decree received on the 28th instant : — "Let the expectant Vice-President, Kwoh Sung-tao, and Hii K'ien-sh^n, an expectant Taotai on the staff of the Province of Chihli, fill* the posts of Envoys Extraordinary {lit. Imperial Commissioners) on a Mission to England. We confer, at the same time, upon Hii K'ien-sh6n the official button of the second rank.f The foregoing, reverently received, is communicated for the information of the British Minister. Kwang Sij, 1st year, 7th moon, 29th day. Inclosure 2 in Iso. 45. The Prince of Kung to Mr. Wade. (Translation.) Peking, August 29, 1875. THE Prince has to forward the following copy, reverently made, of an Imperial Decree received on the 28th inst. : — " Let the expectant Vice-President Kwoh-Sung-tao, and Hii-Kien-shen, an expectant Taoutae on the staff of the Province of Chihli, fillj the posts of Envoys Extrordinary {lit. Imperial Commissioners) on a mission to England. We confer at the same time upon Hii-K'ien-shen the official button of the second rank."§ The foregoing, reverently received, is communicated for the information of the British Minister. Kuang-Sii, 1st year, 7th month, 29th day. (Signed) W. F. MAYERS, Chinese Secretary. ■ * The expression translated " fill " is one which is not customarily employed in Decrees of appointment, and never with reference to high or distinguished officers. + As an officer of the rank of Taontae, the button he wears is that of the 4th rank (first class). J The expression translated " fill " is one which is not customarily employed in decrees of appointment, and never with reference to high or distinguished officers. § As an officer of the rank of Taoutae, the button he wears is that of the 4th rank (Ist class). [344] L 74 Ipelo^ure 3 in ISTo. 45, Mr. Wa^e to the Prince of Kung. Sir, Tien-tsin, September 4. 1875. ON my return from Ghefoo yesterday evening, I had the honour to receive your Imperial Highness's despatch of the 29th August, inclosing copy of a Decree reverently made, in which the expectant Vice-President, Kuo Sung-tao, and Hsii Ch'en-sh^n, an expectant Taoutae on the staff of the Province of Chihli, are commanded by the Emperor to proceed as His Majesty's Envoys to England. I beg to thank your Imperial Highness for the communication of His Majesty's pleasure on this subject. I venture at the same time to request that no further action be taken in the matter before my return to Peking. I hope to be in Peking next week. I TGIIGW &C> (Signed) ' THOMAS FRANCIS WADE. No. 46. The Earl of Derby to Mr. Wade. Sir, Foreign Office, November 24, 1 875. I HAVE received, and laid before the Queen, your despatches of the 9th and 10th of September, respecting the further progress of negotiations with the YamSn in regard to the Yunnan affair ; and I have to state to you that I approve your proceedings as reported in these despatches. I am, &c. (Signed) DERBY. No. 47. The Earl of Derby to Sir T. Wade. Sir, Foreign Office, November 25, 1875. I HAVE much satisfaction in acquainting you that the Queen has been graciously pleased to appoint you a Knight Commander of the Most Honourable Order of the Bath, in consideration of your diplomatic services in general, and especially for the energy and resource shown by you during the difficulties with the Chinese Government arising out of the Yiinnan outrage. I am, &c. (Signed) DERBY. No. 48. Consul Medhurst to the Earl of Derby. — (Received December 9.) (Telegraphic.) • Shanghae, December 7, 1875, 4*10 p.m. LETTERS from Mr. Grosvenor of 24th November. All well. No. 49. Mr. Wade to the Earl of Derby. — {Received December 12.) (Extract.) Shanghae, October 20, 1875. I HAVE the honour to inclose translation of a Decree issued on the 7th September, directing the Grand Secretary, Li Hung-chang, to charge himself with the formation of the mission to England, to the chief posts in which their Excellencies Kuo Sung-tap and Hsii Chien-sh^Q had been earlier appointed by Decree. This had not been published. The letter, that of the 7th September, was published, and, as I believe, at the instance of the Grand Secretary Li, upon whom I had impressed the importance of the publication. As I have before stated, I made it, at the same time, a condition that, in any Decree 75 published, ho mention should be made of Her Majesty's Government or Her Representa- tives in a form to which objections might be taken. Inclosufe in No. 49. Decree published in the "Peking Gazette" of Heptemher 7, 1875. (TVanslation.) LET the expectant Vice-President Kuo Sung-tao and the expectant Taotai Hsii K'ien-sh^h, of the staff of the Province of Chih Li, invested with the button of the second rank, having been appointed as Envoys Extraordinary on a inission to England, confer as may be needful with Li Hung-ohang respecting the selection and appointment of the staff of officials and Chinese interpreters whom they shall take as their suite. , - . No. 50. Mr. Wade to the Earl of Derby. — (Received December 12.) My Lord, Shanghae, October 20, 1875, IN my despatch of the 9th September, I adverted to the appointment of theit Excellencies the Grand Secretary Li and his colleague Ting, by Decree, to act as negotiators with me in the matter of the Yiirinan outrage, as an incident which I had thought it my duty to request the Prince of Kung to explain. I have the honour to inclose translation of the Prince's reply. I, have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure in No^ 50. The Prince of Kung to Mr. Wdde. (Translation.) September 8, 1875. ON the 4th instant the Prince received the British Minister's despatoh, stating that their Excellencies Li and Ting had placed in his hands ( copy of] an Imperial Decree directing "Li hung-chang and Ting Jih ch'ang to confer with Mr. Wade, the British Minister Resident in Peking, at Tien-tsin, he being within easy distance, regarding the case of Mr. Margary, with a view to its satisfactory settlement ; " and that he had repeated to their Excellencies what he had before taken occasion to state to them. The Prince would observe, in reply, that the object with which the Tsung-li Yamin wes established was precisely for the conduct of the foreign relations of the Chinese Government, and the control of all affairs of this nature is tiaturally vested in the Yamdri. Inasmuch, however, as in the case of Mr. Margary, a Decree has now been deceived directing thfeir Excellencies Li and Ting to confer with Her Majesty's Minister, he being within easy distance, it will of course be in their power to take decision in certain partidulars ; whilst on such poiflts as necessitate consultatioil with the Yamen, they will undoubtedly write to obtain the Yamin's opinion, with a view to their satisfactory settlement. Their Excellehcies Li and Ting have already Commafiieated to the Yaihgn the various matters upon which the British Ministet has spoken with them. He can without hesitation confer and take action with their E&cellencieS Li and Ting. No. 51. Mr. Wade to the Earl of Derby ,'— {Received December 12.) (Extl-act.) Shanghae, October 20, 1875. I MENTIONED that I had recommended the Prince of Kung to be in no hurry about despatching the mission. 1 am not sure that my despatch to the Prince has been sent to ybuf Lofdship. Should it not have been, the omission ghall be immediately supplied. Meanwhile, I have the honour to forward translation of His Imperial Highness' reply. [344] I^ 2 7& Inclosure in No. 51. The Prince of Kung to Mr. Wade. (Translation.) September 8, 1875 ON the 5th instant the Prince received the British Minister's despatch, stating that on his return to Tien-tsin from Chefoo he had received His Highness' despatch of the 29th August, from which he learned, with deference, that His Highness was in receipt of an Imperial Decree, and tendering his thanks for the communication of His Imperial Majesty's pleasure on this subject. The British Minister ventured, however, at the same time to request that, as he proposed returning to Peking in a few days, any further action in the matter might be stayed for a short while. The Prince has to observe that, in the case of Foreign Missions, the Envoys, after receipt of the Imperial Decree [conferring their appointment upon them], have to look to the selection of their suite, the preparation of their baggage, and various other necessary arrangements, which ten or twenty days will not suffice to complete. It is the duty, how- ever, of Envoys who have been selected by His Majesty and entrusted with his commands, when their preparations are duly completed, to at once set forth in obedience to these commands, and they should not, without [good] cause, delay their departure for any length of time. No. 52. Mr. Wade to the Earl of Derby. — (Received December 12.) (Extract.) Shanghae, October 20, 1875, HAVING left Tien-tsin, as I have earlier reported, on the 8th September, I reached Peking upon the 12th. Mr. Mayers, the Chinese Secretary, had left me en route on the 10th, and arriving in Peking the same day, in accordance with my instructions, waited immediately on the Ministers of the Tam6n. Upon the 14th the Ministers Tung Hsiin, Ch'unghow, and Ch'^nglin, came to pay me a visit, but not to speak of business. They would repeat any observations I might make to the Prince of Kung, but were unprovided with an answer to any one of the questions Avhich had been left unsolved at Tien-tsin. A brief Memorandum of what passed is inclosed. Inclosure in No. 52. Memorandum of Visit from ike Ministers of the Yamen. September 14, 1875. THE Ministers Tung, Ch'unghow, and Ch'englin, called to pay a complimentary visit to Mr. Wade on his return to Peking. The Ministers had nothing to say with regard to any action on the points prescribed by Mr. Wade as indispensable in connection with the provisional settlement of the present case, and Mr. Wade expressed himself with some warmth upon this absence of any token of active attention to the subject, and signified to the Ministers the intention he had formed of leaving Peking on the 28th instant for Shanghae, to report under any circumstances to Her Majesty's Government by telegraph, either that matters have been satisfactorily arranged, or the reverse. In the latter case, he should remove the entire Legation to Shanghae, in order to leave the possible action of Her Majesty's Govern- ment unfettered. The Ministers could only reply that they would report to the Prince. It was arranged that Mr. Mayers should call upon the Ministers on the day after to-morrow. No. 53. Mr. Wade to the Earl of Derby.— {Received December 12.) SJm^fiJ p . . , 1 , ,, . Shanghae, October 20, 1875. r^?? .r n ^''7a^ ^^''''^ ^^ *^^ ^'"^^ appointed on the 21st, but was presently followed by the Grand Secretary Paoyun, the Assistant Grand Secretary Shen Kuei-fen and the Ministers Tung Hsiin, Ch'unghow, and Hsia. 77 The Prince of Kung was, as always, most' courteous, but he, on the arrival of two of the Yamen Clerks of Departments, took his leave, as he said, to avoid discussion. The Ministers remained, and without farther parley, produced a Memorandum in eight Articles, purporting to set forth the concessions that had been made by the Chinese Government. A copy of this paper Avas more formally communicated to me in a despatch the following day. I myself called at the Yamen later in the afternoon, and again repeated that, unless some understanding were come to about the Ministerial question, I should not regard the guarantees I wanted complete, even if greater progress were made toward the solution of my commercial difficulty. Inclosure in ]S"o. 53. The Prince of Kung to Mr. Wade. (Translation.) Peking, September 22, 1875. THE Prince received on the 8th instant the British Minister's despatch of the 17th, in which he states, with reference to the subject of the Yunnan outrage, and the larger question of which it forms a part, he feels compelled to report to his Government that he sees not the slightest manifestation of an intention to put forth a bond fide effort, and that he shall at once remove the Legation from Peking. In reply to this communication, the Prince has to state that, with reference to the affair that has taken place in Yunnan, the Yamin of Foreign Affairs has repeatedly memorialized the Throne, and has received Decrees in reply, enjoining active proceedings upon the high authorities of that province. A Decree has further been received nomi- nating the Governor-General Li as High Commissioner to conduct an inquiry. Again, in the course of last month, the Yamen solicited a Decree commanding the Governor- General Li to hasten with aU despatch to Yunnan, in reply to which a Decree was received laying stringent commands upon the Governor-General and the other high functionaries concerned to take the steps that are requisite with all due promptitude. The Chinese Government can conscientiously affirm its belief that it has omitted no effort in its proceedings in this case. With reference to the other questions to which the British Minister refers, as regards the provision of escorts for Mr. Grosvenor on his arrival in Yunnan, and for a future mission from the Government of India, an engagement to this effect has already been specified in the Memorandum of replies to the British Minister, dated the 22nd August. Again, as regards the fulfilment of the commercial stipulations of the Treaty at the ports and in the interior, the Ministers have agreed that, in conformity with the Treaty, the question shall be examined with a view to the removal of causes of complaint. The Ministers have also in personal conference agreed, with reference to the appointment of officers by the two Governments for the purpose of consultation with reference to the regu- lations for the frontier trade in Yunnan, that so soon as the case now engaging attention {lit. the actual or foremost case) shall have been wound up, this matter shall be entered upon {lit. made a subject of consultation and action). With regard to the proposal that an envoy should be sent to Great Britain, and should pass through India on his way [this has been carried into effect], with the exception of the visit en route to India, as has been stated in the Memorandum previously handed in, the Decree of the 28th August appoint- ing envoys having been communicated to the British Minister in the Prince's despatch of the following day. In connection with the proposal that the Decree appointing the envoy should be published, a Decree issued for the information of the Ministers and subjects of China appeared on the 7th of this month. The proposal that a Decree be issued cen- suring the Governor of Yunnan was met by the Eescript issued on the 28th August, which was communicated to the British Minister. Steps have likewise been taken for mature deliberation with reference to the proposal concerning intercourse with the heads of the different departments of State, as is set forth in the Memorandum appended to this despatch. Thus, in connection with the Yiinnan affair itself, and the other questions of which it forms a part, as referred to by the British Minister, the Tsung-li Yamin has not in the most infinitesimal degree failed to act with bond fide effort; neither is it the case, as the British Minister has stated in his despatch, that almost every one of his proposals has been declared impracticable. Coming to the British Minister's remark that he has not attached so much impor- tance to the rejection of his proposals (as to the tone in which they have been discussed), tile PrindS Would reply iEhat, whatever be the importance attaching, in the eyes of the ilfitish Minister, to this point, in all the discussions that have been carried on by their Excellencies Li aiid Ting, or the Miitistefs of the Yamgn, with the British Minister or with the Chinese Secretary, Mr. Mayers, the propositions to which assent has not been giv6n have been extremely few. How, then, can it be that no satisfactory guarantees have yet been furnished^ or that the misgivings entertained by the British Minister are not dispelled ? Thfe Governor-General Li having set out already some time ago from Hupeh, it must be for the British Minister to decide when Mr. Grosvenor shall proceed on his journey. If, on the arrival of the Governor-General Li in Yiinnan to carry out his inquhy into this case, the officers deputed to be present at the trial should not have reached the spot, the Tam^n can scarcely lay the blame of wilful delay on the Governor-General or those with whom he is to act. The removal of the British Legation from Peking (as announced in the British Minister's despatch) it is not for the Prince, as a matter of course, to oppose by any means of constraint. What is necessary, however, in the conduct of affairs between the two Countries is, that each shall show consideration for (or, bear with) the other, and that there shall be mutual discussion (on any subject that may arise). In such wise the existence of a genuine desire for friendly relations will be guaranteed. The British Minister observes, however, in his despatch now under acknowledgment, that he " has been chiefly influenced by the tone which the Ministers have displayed throughout the course of the recent discussions." How, in respect of every one of the propositions advanced by the British Minister, the Tsung-li Yam^n has, without exception, negotiated in entire sincerity. The British Minister, nevertheless, not having carefully considered (this fact) addresses his remarks to the " tone " of the Ministers. It has always been a rule with the Ministers of the Yamen, in all their conferences with the representatives of any foreign Power, although occasions for argument may have arisen, to exhibit the very utmost degree of consideration and of courtesy. They have never given cause to any one to take offence {lit. they have never put any one in position ''hard to bear "). The affair which has taken place in Yunnan, moreover, is one of the utmost gravity, and the object with which the Sovereign has commissioned the Governor- General Li to undertake an inquiry is, that it should be dealt with as justice requires. The British Minister, on his part, in deputing an officer to be present at the trial, has done so in order that he may have testimony whereupon to rely. Before the Governor-General Li, however, has reached his destination in Yunnan, and whilst the officer deputed by Mr. Wade to be present at the trial has not been allowed to proceed, the British Minister writes that he has " no expectation of this case being fairly dealt with." Is it (the Prince would ask) because the British Minister can prophesy {lit. knows befbrehahd) that the Chinese Government is certain not to deal fairly in the matter, that he (is about to) hurry away from Peking ? or is he hurrying away from Peking because there has been a minute difference of opinion with regard to the propositions he has advaheed, which he represents as almost amounting to their entire rejection as impracticable ? In conclusion, the Ministers of the Yamen are most desirous that the British Minister should negotiate (with them) in a dispassionate spirit. Whether negotiation is to be consented to or not, it remains with the British Minister to decide. At the return visit which was paid by the Prince yesterday at the British Legation, the entire subject was discussed at length by the Ministers of the Yam^n with the British Minister ; and the Prince is much gratified to learn that the Chinese Secretary Mr. Mayers, ia further to be sent to-day to an interview at the Yamen. This reply is now for the present transmitted for the information of the British Minister. Kwang Sii, 1st year, 8th moon, 23rd day. Memorandum annexed to the foregoing Despatch.— {Copy of Mem&rdndum handed by the Ministers of the yamen to Mr. Wade on the 21st irntdnt. 1, Relations between the foreign representatives at Peking and high oflicers of the Chinese Govetnment. In a previous Memorandum it has already been stated that on Mr. Wade's return to Peking this subject should he duly considered. Tb© Yam^n (convinced on) mature deliberation upon it, that it should be sought to reach the end by spontaneous means 79 (considers that) the only course available is to wait until the envoys who are about to be sent abroad shall have had opportunities of familiarizing themselves with the usages »of other countries, entering, as they naturally will do, upon intercourse with the high oflBcials of the countries to which they will proceed, upon which, on their return to China, it will similarly be natural for them to cultivate relations with the foreign representatives at the capital of China. Progress will thus be made, increasing step by step, (until) it becomes a matter of no difficulty to render the state of affairs (in China) alike with that prevailing in the rest of the world. This is a natural and spontaneous course of proceeding, which may be depended upon. Should Mr. "Wade be able to propose any practicable plan, even more spontaneous in its action than this, it can likewise be taken into due consideration. 2. Observance of the Treaty stipulations relating to trade at the ports and in the interior. This implies the redress of causes of complaint in connection with the Treaty, respecting which consent has already been signified in the previons Memorandum to join in due consultation. 3 and 4. Escorts to be provided for Mr. Grosvenor and for a future Indian Mission. Agreement on these two points has already been signified in the reply written on the 22nd August. 5. Memorial and Decree conveying censure upon the G-overnor of Tiinnan. The Yamen memorialized on the 28th August, and received a Decree in reply, in which the Governor is taken to task. This was communicated for Mr. Wade's information. 6. Appointment of an envoy to Great Britain, who should pass through India on his way. With the exception of the visit to India, (the objections to which) have been set forth in the previous Memorandum, the appointment of an envoy forms the subject of the Decree of the 28th August, which was communicated on the following day to Mr. Wade, and on the 2nd September to the other foreign Representatives at Peking. 7. Publication of the Decree of Appointment. In addition to the Decree of Appointment which was notified to Mr. Wade on the 29th August, a further Decree has been published on the 7th September for the infor- mation of His Majesty's Ministers and subjects generally. 8. Frontier trade in Tiinnan. It has already been stated on the 16th instant to Mr. Mayers, for the information of Mr. Wade, that so soon as the pending afiair has been brought to a conclusion, this matter shall be made subject to arrangement. No. 54. Mr. Wade to the Earl of Derby. — {Received December 12.) (Extract.) Shanghae, October 21, 1875 I INCLOSE a copy of my despatch of the 24th to the Prince of Kung, stating my reasons for sending Mr. Grosvenor to England. On my return to the Legation, I informed my colleagues — the Representatives of Russia, America, Giermany, and France, of my intention to send Mr. Grosvenor to England, and it was my purpose to telegraph this decision to your Lordship, when the receipt of Mr. Mayers' Report, on his return from the Yamen, induced me once more to reopen negotiations. Inclosure in No. 64. Mr. Wade to the Prince of Kung. Sir, Peking^ September 24, 1875. _ I HAVE perused with attention the communication your Imperial Highness did me the honour to address me on the 22nd instant, together with the Memorandum, in eight articles, inclosed in it. A copy of the latter paper had been left with me by the Ministers who accompanied your Imperial Highness to the Legation on the 28th instant, 80 After your Imperial Highness' departure on that day, I had a long Conference with the Ministers, principally upon the subject of the first and second articles, those relating that is to say, to intercourse between foreign Representatives and high officers of the Chinese Government in this capital, and to removal of burdens now laid upon foreign trade in contravention of Treaty. I referred also to the possibility of the audience question being revived during the minority of the Emperor, and the advisability of some understanding being arrived at on the subject. It was eventually agreed that Mr. Mayers should proceed to the Yamen on the following day, the 23rd instant, at two o'clock, and that Mr. Hart, the Inspector- General of Customs, should also be invited to attend ; but, having reason to apprehend that the Ministers had carried away with them an impression thai I considered the commercial question as taking precedence of all beside in importance, I considered it desirable to disabuse their Excellencies of this notion, and Mr. Mayers was accordingly directed to wait on the Ministers in the forenoon, and to submit to them a proposition, which was the least I could consent to regard as an instalment of the Treaty right affecting the position of foreign Eepresentatives. Mr. Mayers, after discharging this mission, came back to the Legation, and at two o'clock, according to appointment, he returned to the Yamen. Later in the afternoon 1 had the honour to receive your Imperial Highness' communication under acknowledgment. This communication is a reply to my despatch of the 17th instant, in which I informed your Imperial Highness of my intention at once to withdraw the Legation from Peking, and the reasons which had influenced me in forming that decision. I do not think it necessary to recapitulate them at length. They might be summed up in the statement that, from the tone in which high Chinese officers, both in the capital and in the provinces, have carried on the discussion in which I have been, directly or indirectly, engaged with them during the last six months, I could place no confidence whatever in the purpose of the Chinese Government to do justice in the matter of the Yunnan outrage, or to revise the conditions of its intercourse, diplomatic or commercial, with foreign nations, in such wise as to guarantee their Governments against insults or their people against wrong. The conference I had with the Ministers of the Yamen at the Legation on the 2 1st did much to confirm me in this opinion. It was strengthened by perusal of the Memo- randum left with me by their Excellencies, by your Imperial Highness' despatch of the 22nd, and by Mr. Mayers' reports of his first and second visits to the Yamen on the 22nd. So much so, that when he informed me of a further appointment to meet their Excellencies at the Yamen yesterday, I had all but made up my mind to decline continu- ance of the discussion on any terms. The proposition regarding ministerial intercourse, communicated to their Excellencies in the morning, was, in form at least, new. The trade question was certainly not new, but, although Mr. Hart had been at the Yamen for two hours, the Ministers, in their observations to Mr. Mayers, appeared disposed to deal with it pretty much as if they now heard what was advanced for the first time. However, on consideration, I decided that it would be more becoming, before I declared the discussion at an end, to hear what answer your Imperial Highness had been pleased to make to the proposal submitted to the Ministers, by my desire, on the 22nd. It had been taken down in writing from Mr. Mayers' dictation. I knew, therefore, that there could be no mistake as to my meaning. I went accordingly to the Yamen yesterday accompanied by Mr. Grosvenor and Mr. Mayers, and was received by the Grand Secretary Shen, and the ministers Tung and Ch'ung. The Grand Secretary Shen opened the Conference by what I understood to be a message from your Imperial Highness, to the effect that if a memorial were presented in the sense I had suggested, and an Imperial Decree obtained, directing the chiefs of other departments of State to confer with the Tsung-H Yamen regarding the changes in etiquette, it might be expedient for China to adopt now that missions are about to be established abroad, there would possibly be serious dissension {nao) between the high officers so instructed. And of this your Imperial Highness thought it well I should be apprised beforehand. It appeared to me that this message could have but one meaning. If your Imperial Highness anticipated so strong an opposition to the object to be indicated in the Decree I was naturally to be prepared for the rejection of the measure on which the hio-h officers in question were to deliberate. ]^othing to my mind, and so I stated, could be less satisfactory. I could not suppose that under the circumstances, your Imperial Hio-hness could move the Throne as I had requested. I added, that were the result I pre*sumed inevitable, the rejection of the measure suggested, to follow the issue of the Decree so 81 far as foreign feeling was concerned, and it was the propitiation of tliis that I had cca- templated, the last end would be worse than the first. Both the Grand Secretary and his Excellency Tung continued to assure me that it was not at all certain that the measure would be rejected, even if it were hotly discussed. A similar discussion had ensued, when it was proposed to found the school for languages. Your Imperial Highness had hereby desired that I should not he unaware of the contingency. I continued to declare myself unable to understand why the contingency of a tliscussion between Chinese high officers should be made known to me at all, unless as a warning that the measure was more likely to be lost than carried. I was then assured that if the Tsung-li Yamen supported it before the Throne, the measure was certain to be carried. After much reiteration of all that had passed, as above, on both sides, a note was brought into me open, from the Grand Secretary W^nsiang, by one of the clerks of the Yamen. Your Imperial Highness was of course cognisant of this paper, and I beg attention to the passage in which his Excellency informs me that on the matter of ministerial privileges, the Yamin would certainly not venture, until the Emperor shall have assumed the administration of the Empire in person, to intrude requests on His Majesty. My resuscitation of this and the other questions noticed in the Ministers' memorandum of the 22nd, was due to my desire to obtain such guarantees of the determination of the Chinese Government to change its foreign policy, as would enable me to report that I thought the Government would act in good faith in the Yiinnan affair. These guarantees obtained, I was prepared to send Mr. Grosvenor on his mission to Yunnan. I regret that I can give no such assurance to Her Majesty's Government. If it be indeed true that the prayer of the Tsung-li Yamen is certain to be listened to, and that, the Decree once issued, the end I had in asking for it is certain to be attained, I am at a loss to explain the caution conveyed to me regarding the opposition of Chinese Ministers to it. Still less can I explain the very strong asseveration, above quoted, of the Grand Secretary Wensiang. As I stated in my despatch of the 17th instant, it was less tlje rejection of what I propose than the tone and attitude of the ministers with ^jjibtjtnmy propositions were debated, that convinced me of the inutility of prolonging ^"'discussion. I must now tell your Imperial Highness that this conviction is simply strengthened by the conferences of the last few days, and that I have arrived at the following decision : — I stated in my despatch of the 17th instant that I should withdraw the Legation from Peking. For certain reasons I shall not do this. I shall remain in Peking. But instead of allowing Mr. Grosvenor to proceed to Yiinnan, I shall send him to England, to explain the situation in person to the Earl of Derby. In the matter of Ministerial privileges, it will be for your Imperial Highness to take what steps you may consider most suitable for the satisfaction of the obligations of the Chinese officers to the Governments of other countries. As regards taxation of trade, I have more than once pointed out that, if the Chinese Government persists in unduly taxing the trade of British merchants, a measure of retaliation is in the hands of the British Minister. And I must entreat your Imperial Highness no longer to regard this as an empty form of words. I shall inform the Viceroy of India that I cannot recommend the despatch of SKch a jmission as was in contemplation at present. Lastly, as to the Yunnan outrage, Her Majesty the Queen, in the Speech delivered from the,Throne, when Parliament was prorogued on the 13th August, has declared it to be the purpose of her Government to insist Upon the punishment of both the instigators and perpetrators of that crime. The Governor-General Li, in his capacity of High Commissioner, having started from Wu Ch'ang-fu more than a month since, will shortly be at the provincial capital of Yiinnan. His Excellency will, of course, report the result of his inquiries, and your Imperial Highness,' I cannot doubt, will communicate the substance of his report to me, for the information of Her Majesty's Government. On this point I shall take the liberty of referring your Imperial Highness to my despatch of the 20th August, containing a narrative of what occurred on the occasion referred to, compiled from authentic sources, and of reminding your Imperial Highness that, in the face of the facts there put together, it will be difficult to persuade Her Majesty's Government to accept any of the solutions as yet brought forward by Chinese officials. The Grand Secretary Li assured me that the Acting Governor- General Ts'en, in his Memorial, haS represented the assailants of Colonel Browne's party to be train bands. \ Memorial from his Excellency Ts'en, quoted in your Imperial Highness' despatch of r344| , M 82 the 31st July, spoke of them as savages of the tribes tempted by hope of plunder. His Excellency Ting ascribed the attack to simple people who knew no better. There are lather stxlutiotos even more ridiculous. Your Imperial Highness may rest assured that any such explanations as these would but add seriously to the angry feeling the crime itself has produced in England. To conclude, in my despatch of the 21st August I stated that I did n;7t choose Mr, G-rosvenor to take part in the investigation without guarantees of good faith, because I did not choose that my Government should be befooled. I must warn her Majesty's Government that I have even less hope than some time since of a satisfactory termina- tion of this inquiry ; that I have, if possible, less confidence than ever in the security of the future ; and that, if the dignity of the Government is to be respected in China, and due protection insured to the persons and interests of British subjects^ Her Majesty's Government must reckon on other means than Treaties, of which the majority of Chinese officials are ignorant, or which the few acquainted with them never hesitate to ignore. A secret Decree of the 12th iN'ovem'ber, VSGO, a copy of which I append to this despatch, prescribed the course of action to be pursued in the provinces in the regulation of trade, in the preparation of rules affecting it, care was to be taken that a spirit of restriction should abide. Itis with sincere regret that I find myself constrained to admit that no other spirit has been manifested, whether in the capital or the provinces, since the day the British Treaty first came into operation. One word more. I cannot doubt that much that has fallen from me, in speech — in writing, is in matter or in manner distasteful to the Chinese Government. For the manner— for my frequent loss of temper in argument — T put forward no excuse. For the matter, the Chinese Government leaves me, in my judgment, little option. If, however, it appear to your Imperial Highness that I am dealing harsh measure to the Chinese Government, the Mission now about to proceed to 'England will have an opportunity of duly representing the opinions of the -Chinese Government to the Government df Hei- Majesty. I have .no desire to delay its departure. I axail, &c. (Signed) '"^^HOMASJ^ai^iaS^WADE. No. 55. Mr. Wade to the Earl of Derby. — {Received December 12.) (Extract.) Shanghae, October 21, 1&7 5. I INCLOSE copy of an official note wbidh I addressed to the Prince of Kung- on the 26th of September. * The same day, the 26th, the Chinese version of my long note of the 24th was transmitted to the Prince, for exactness sake only; the decision conveyed 'in it had been cancelled by my announcement of an intention to revert to my earKer plan, made on the 25th. The 27th September, 1 received an official -note from the Prince of Kung acknow- ledging mine of the '2-Uh., which he had now had an opportunity of reading in Chinese and mforojing me tjat a naemorial on the subject of Ministerial intercourse had been or would be (it was not clear which) presented to the Throne. I inclose translation of this note, and copy of my reply to it, which was sent in immediately. I availed myself of the opportunity to state that, much as I regretted the use of peremptory language, I felt bound to insist, without compromise, on the concession of my demands. The Prince's note, it will be seen, had alluded to the Ministerial question only. Nothing was said either of trade in general or of trade on the Yunnan frontier. The Ministers Sh^n and Tung had promised me on the 25th that Mr. Mayers should be sent for to confer with them on the trade question. No message had come from them on the afternoon of the 27th, and the 28th was the day on which the term I had named was to expire Inclosure 1 in No. 55. Mr. Wade to the Prince of Kung. ,„.._ , , Peking, September 26, 1S75. I HAD Ihe honour to address your Imperial Highness a communication of consider- able length upon the 24th instant, in which I explained my reasons for declining further 88.' diseusaion of the questions that have heeji subjects of conference or correspondenee during the last six weeks. In the' same communication, I announeed my intentioa off sending Mr. Grosvenor to England., The original of my note was left, by my desire,, at the. Yamto by Mr. Mayers, who translated it orally to the Grand Secretary Shen and the Minister Tung. I myself had an interview with their Excellencies yesterday, and I doubt not they will have reported to your Imperial Highness the conditions under which I am prepared to modify the decision arrived at as above, and the course I am resolved to pursue, should satisfaction of these conditions be found impossible. I renew &c (Signed) ' THOMAS FRANCIS WADE. The translation of my note of the 24:th instant has taken time, but will be sent, im the course of to-day. T. F. W. Inclosure 2 in No. 55. The Prince of Kung to Mr. Wade. (Translation.) September 27, 1875. THE Prince of Kung writes in acknowledgment of the despatch received from Mr. Wade on the 26th instant, with the contents of which he has fully acquainted himself . On the 24th instant Mr. Mayers delivered at the Yamen the English text of a communis cation from , Mr. Wade, which he orally translated to the Ministers, and on the 24th instant Mr. Wade, attended by Mr. Mayers, had a conversation at the Tamin with the Ministers Shin and Tung, the purport of which the Ministers have not failed to report, to the Prince. With reference to the proposition named as the first essential, the TamSn hare already [decided]* forthwith to draw up a memorial to the Throne. The Prince, in forwarding this preliminary reply, expresses his wishes for Mr. Wade's prosperity. Inclosure 3 in No. 55. Mr. Wade to the Prince of Kung. September 27,, 1875, 2 p.m. MR. WADE has tho honour to acknowledge the receipt of the Prince of Kung's note of this morning. Mr. Wade is in some doubt as to the meaning of the last sentence in it. The word " i," as the sign of past time, would seem to indicate that some action had been taken by the Tsung-li Yamln. The words " chi jih," on an early day, preceding the words; " ni tsou," propose to address a Memorial to the Throne, imply that action has been contemplated^ but has not yet been taken. Mr. Wade will be obliged to His Imperial Highness to inform him whether he is to understand that the Memorial of the Yam^n has been or is about to be presented, and in the latter case how soon it is to be laid before the Throne. Mr. Wade must also call His Imperial Highness' attention to the fact that the note under acknowledgment contains no reference whatever either to the taxation of trade at the ports, or the trade between Burma and Yunnan. The Prince of Kung may be assured that it gives Mr. Wade no pleasure to be writing notes of a peremptory character to a personage of His Imperial Highness.' exalted position, at whose hands, moreover, Mr. Wade has never experienced any but the most courteous treatment ; but Mr. Wade has no alternative. The Ministers with whom he has been in conference on the subjects above referred to speak of them as if the concession of what Mr. Wade requires were something extravagant to exact of China, and at the same tune a matter of extraordinary favour to the British Government. Mr. Wade does not so regard it, neither wiH it be so regarded by the British Government. It must b^ remembered that what Mr. Wade has asked for has been asked for not as satisfaction for the atrocity committed in Yunnan ; that has to be #■ * N.B. — There appears to be a studied ambiguity in this plirase, as regards completed or prospective action. [344] M 2 84 visited upon its instigators and perpetrators, but as guaranteeing the good faith of the Chinese Government in the conduct of the inquiry about to be held in Yunnan ; and as guaranteeing its determination to enter into relations with foreign Governments that shall better secure the future against recurrence of such crimes as the Yunnan atrocity. Without these guarantees, Mr. Wade has declared that he will not send his agents to be present at the inquiry in Yunnan ; and unless his agents be present, as he told the Prince «f Kung last March, no finding or sentence of a Chinese Tribunal will be deemed satis- factory by Her Majesty's Government. Mr. Wade has already reported to Her Majesty's Government the substance of his note forwarded to the Prince of Kung upon the l7th instant. He must repeat once more that, if it be not in His Imperial Highness' power to concede to the propositions now before His Imperial Highness by the time appointed, it will be his duty to act as in that note he stated he would act. The consequences are, no doubt, of the extremest gravity ; but, with the record of the last fortnight's conferences before him, Mr. Wade accepts their responsibility. If there be a point on which Mr. Wade has reason to apprehend the disapprobation of Her Majesty's Government, it is that, after the announcement of the decision taken on the 17th instant, he should have modified it as he did modity it on the 24th. No. .56. Mr. Wade to the Earl of Derby.- — (Received December 12.) My Lord, Shanghae, October 21, 1875. HAVING received information, from a source entitled to credit, that the people of Yunnan were being excited against Mr. Grosvenor's mission, I at once called the Prince of Kung's attention to the report. I inclose copy of my note, and translation of the Prince's reply. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 56. Mr, Wade to the Prince of Kung. Peking, September 27, 1875. MR. WADE presents his compliments to the Prince of Kung and the Ministers of the Tsung-li Yamen. News has just reached Mr. Wade, from an authority entitled to respect, that it is in contemplation, in the event of Mr. Grosvenor's being sent to Yunnan, to stir up the people on his arrival, for the purpose, if no worse, of intimidating him and his interpreter. Mr. Wade will be much obhged to His Imperial Highness and the Ministers of the Yam^n to inform him if they have received any recent news from Yiinnan. Inclosure 2 in No. .56. The Prince of Kung and the Ministers of the Yamen to Mr. Wade. (Translation.) September 28, 1875. THE Prince and Ministers have to acknowledge the receipt of Mr. Wade's note, stating that he had just heard that it was in contemplation, in the event of Mr.Grosvenor's being sent to Yiinnan, to stir up the people on his arrival, for the purpose, if not worse, of intimidating hitn and his interpreter. The Prince and Ministers would observe in reply that, friendly relations having subsisted for so many years between China and Great Britain [it is not conceivable that] any design to cause harm to befall [Mr. Grosvenor] should be entertained. On the other hand, ignorant and ill-intentioned persons set themselves to stir up strife and to incite the minds of others, their constant delight being the production of mischief. In all cases of this description, the Prince and Ministers have never given an unwarranted belief [to the reports spread abroad]. They have made it a rule to punish the offender with the utmost rigour of the law, as a warning for the future. 85 If the report that has now reached Mr. Wade has been derived from a Chinese source^ they must beg to be fully informed as to the individual, in order that proceedings may be instituted, and the matter judicially dealt with. This will secure the result of making evi-disposed persons careful not again to give rise to occasions of trouble, and at the same time contribute toward the important object of maintaining in their integrity the duties of friendly relations. They beg further to add [in reply to Mr. Wade's inquiry], that no authentic news has been received of late from Yunnan, and they avail, &c. m. 57. Mr. Wade to the Earl of Dierby. — (Received December 12.) My Loi^d, Shanghae, October 21, 1875. MY previous despatch of this date * reports proceedings up to the 27th September inclusive. The 28th was passing away, and. Mr. Mayers had. not been invited to the Yamen, as it was promised he should, be ; neither had I received any other indication of a disposition to accede to my demands. I accordingly prepared the inclosed note to the Prince of Kung, and the translation was being copied, when the manuscript edition of the " Peking Gazette " of the day was put in my hand. It contained a Decree in the sense I required, upon intercourse with foreign Ministers. I therefore added a postscript to my despatch in which I extended the term fixed by one day. I suggested that Mr. Mayers should wait upon the Ministers of the Yamen on the following day at whatever hour they chose to name. As the messenger was starting with this document, an official note arrived from the Prince of Kung, embodying the Decree referred to, and inclosing the Yamln's Memorial which had elicited the Decree. I inclose translations of the note and the Memorial, which, in many respects, is by far the best paper ever published (it has been' since published in the " G-azette ") upbn foreign relations by the Government of the Empire. This high praise has at the same time to be qualified to a certain extent. Your Lordship will recoUect that my reason for setting such store by a declaration of the kind was that the British Government had been spoken of, to put it as inofifensively as possible, without due recognition of its equality to the Government of China. • The form of writing against which I had protested has been|times without number defended on the ground that the Emperor's Decrees are not addressed to foreign Governments or persons, and that the adoption of such a change as I have pressed for would carry with it an abatement of the deference which the subjects of the Emperor should show towards His Majesty. The Yamen's Memorial aims, no doubt, at an assertion of this principle rather than any other. At the same time another principle is asserted, and that a principle of great importance, the equality, namely, of Governments, which has never been thus publicly admitted. It farther inculcates the expediency of establishing Missions abroad, and of improving intercourse with the foreign Missions established in Peking. There is not a word in the paper at which a foreign representative could take offence ; and even if its appearance, which is as likely as not, be followed by no immediate results, the Memorial and Decree must be regarded as marking a new era in foreign relations with China. I havej &c. (Signed) THOMAS FRANCIS WADE. P.S.— I beg to add copy of the reply I addressed the Prince of Kung, acknowledging- communication of the Decree and Memorial above referred to. T. F. W. Inclosure 1 in No. 57. Mr. Wade to the Prince of Kung. Sir^ Peking, September 28, 1875. I HAVE the honour to refer your Imperial Highness to my despatch of the 26th and my semi-official note of the 27th instant. * No. 55. 8,6 . In my despatch of the 26th I assuiaed. that the Grand Secretary Sh6n, and the Minister Tung would have informed your Imperial Highness of what passed between their Excellencies and myself when I was at the Yam^n on the 25th instant. I gave their Excellencies to understand that I should require a satisfactory answer upon three subjects: the position of the British Eepresentatire at Peking; the adjust- ment of taxation on British imports ; and the issue of the necessary authority to enable a competent official to discuss the Yunnan frontier trade of Burma with the head of a Mission from India ; and that unless I should receive such an answer by this evening, I should pursue the course which I announced that it was my intention to pursue in mj despatch of the 17th, forwarded to your Imperial Highness upon the 18th instant. As I was leaving the Yamen I asked the . Ministers what steps would be taken for the further discussion of the second question within the term thus prescribed, and the Grand Secretary Shen promised that Mr. Mayers, the Chinese Secretary, should be invited to the Yam^n for the purpose. The promised invitation has not been sent to Mr. Mayers. I shall, therefore, ac': as in my despatch of the 17th instant I said I would. Mr. Grosvenor wUl proceed to England, and I shall at once withdraw the Legation, and the British communities of the northern ports, as soon as their removal can be effected. I renew &c. (Signed) ' THOMAS FRAKCIS WADE. P.S. — As this despatch was being copied, the manuscript " Gazette " of this evening, was put into my hand. It contains a Decree replying to a Memorial of the Tsung-H Yam^n on the forms of Decrees, I suppose Decrees relating to foreign States, and of intercourse between the chiefs of Departments in Peking and foreign Representatives. Assuming that the Decree is authentic,.! am willing to put the most favourable construc- tion on the Tsung-li Yamen's action in the matter ; but after all that has fallen from the Grand Secretaries Wensiang and SMn, especially the former, regarding the difficulties to be looked .for in this matter of intercourse, I must be more exactly informed before I accept this actio^n as sufficient. I must observe that I am still without a word from the Yam^n on the subject of the two other propositions. I will wait tUl to-morrow evening, and if I am then without such an intimation on the two points in question as I can report to Her Majjesty's Government is satisfactory, I shall adhere to my decision to withdraw the Legation. I have to prove to Her Majesty's Government that the Chinese Govem- meut is not trifling with me, and if the Chinese Government is seriously determined not to trifle, it will' have no difficulty in supplying me with proof. Mr. Mayers wiU call at the Yamin to-morrow at whatever hour it may suit the Ministers to receive him. T. F. W. Inclosure 2 in No. 57. The Prince of Kung to Mr. Wade. (Translation.) Peking, September 28, 1875. THE Prince of Kung to Her Britannic Majesty's Minister : The Yamfen of Foreign Affairs addressed this day a Memorial to the Throne, on the subject of intercourse between the heads of the different Departments of State and the foreign Representatives at Peking, in reply to which a Decree has been issued in the following terms : — " The Tsung-li Yam^n has presented a Memorial, praying a declaration from the Throne on the subject of certain prescriptions in our Decrees, and regarding the conclu- sions arrived at [by the Yam^n] in the 'matter of intercourse between the chiefs of the principal Departments of State and the foreign Ministers residing in the capital. The explanation of the prescriptions that apply to the Decrees is perfectly correct. As regards intercourse with the chiefs of Departments, we command that action be taken in the manner the Yam^n has proposed." The Prince would observe that in the case of Envoys who are sent from one country to the other [he is aware that] the privilege of having audience of the Sovereign is enjoyed as weU as that of intercourse with the principal officers of Government • and in China audiences have aheady taken place on several occasions. His Majesty at' present on the throne not having as yet, however, assumed the administration ©f the Government m person, this is a subject which it is not expedient to bring at once [lit abruptly] 87 under discussion. Assent having been signified to the Memorial presented this day, with reference to the question of intercourse between the heads of the different Departments of State and the foreign Ministers at Peking, it is the Prince's duty to forward the fore- ,going copy, reverently !made, of the Decree received, and a copy likewise of the Memorial presented by the Yam^n for the British Minister's information. Kuang Sii, Ist year, 8th moon, 29th day. Inclosure 3 in !N"o. 57. Memorial regarding Intercourse with foreign Ministers. (Tmnslation.) Memorial of the Tsung-li Tam^n, which appeared in the manuscript copy of the " Peking Gazette," on the 29th September, 1876. TOUR Majesty's servants Ti-sin and his colleagues (the Prince of Kung and the Ministers of the Tsung-li Yam^n), upon their knees present a Memorial. They enter with detaU into the question of personal intercourse between the Chinese and the foreigner, and they pray a Decree which, as a declaration from the Throne, ma,y dissipate men's doubts, and hinder suspicions and misunderstandings. In the 5th moon of the present year, the Yamin of your servants presented a Memorial, in which they prayed that a reserve might be formed of persons thoroughly conversant with foreign affairs. They had the honour to receive a Decree, approving this proposition ; and at a later period a second Decree, directing Kuo Simg-tao, expectant Shih Lang (Vice-President), and Hsii Ch'ien-shfen, an expectiant Tao-tai (Intendant), on the staff of the Province of ChihJi, wearing the insignia of the 2nd grade, to proceed on a mission abroad. Prostrate, your servants would observe that;, when praying the formation of a reserve of persons thoroughly conversant with foreign laffairs, the object they had in view was not simply the transaction of business in which Chinese and foreigners may be jointly concerned. Missions to foreign States and the question of intercourse lay equally within their prayer. ^ Men's minds, .in fact, must have free access to each other before angry collisions between them can be prevented. If there are to be no coUisions they must thoroughly acquaint themselves each with the position of the other. In the 6th year of the reign T'ung Chih (1867), Chih-kang and Sun Chia-ku (subordinates) in the Yamen of your servants, went as envoys *to different States.* On their return they mentioned that visits had been interchanged between them and the hig'h officers of the different departments of the foreign States {in question]. Your servants have also been spoken to repeatedly upon the subject by jthe Ministers of foreign States residing in the capital ; their remark being that as visits were never exchanged between the high officers of State Departments and the Ministers of pforeign nations in the capital, it was not astonishing that, when their authorities kept thus aloof, the lower orders should make light of "the officials and people of foreign nations. Your servants would observe -that if visits have so far neither been paid nor received by the high officers of departments in the capital, their practice has been but in scrupulous conformity with the principle "thatf officials have no intercourse [with foreigners]." On the other hand, China has long since entered into friendly relations with foreigners; Missions are being sent abroad; the circumstances of the past and present time are not the same ; and though it is not possible to treat [foreign] Envoys in every way as they are treated in foreign States, eastern or western, still it does not for all that appear necessary that there should be no intercourse with them whatever. It is the duty, therefore, of your servants to pray a Decree directing their Yam&n to consider and decide with the high Departments of State the [future] conditions of this intercourse, to the end that the motives suggesting it may be thoroughly compre- hended, and that .while, on the part of those entering into intercourse, any possible misgivings [on the subject of etiquette], may be more or less prevented, those not yet entering into intercourse may come to understand the relations of the Chinese with the foreigner.! * More properly the different States, namely those in Treaty relations with China. The two Envoys named accompanied Mr. Burlingame. f Quotation from theXi Ki', the Book of Obligations and Observances, commonly spoken of as the Book of Rites. J The precise meaning of the passage is not clear. It seems to be that when the etiquette to be observed has been agreed upon, high officers in Peking and Foreign Ministers will have intercourse. Those not yet in inter- course, it is suggested, are either high office'rs of the lesser courts, or authorities in the provinces not open to trade. , The word rendered relations includes all political and commercial. 88 Herein is the significance of intercourse between public sciTants and it is indispen- sable that all, both native and foreigner, should be made io understand it thus. [There is another matter to be mentioned.] In the relations of Govermnents of eaua dignity, no superiority is [asserted] on either side. But there is a point on which ffign TovLment^s are not d^y inform'ed. It constantly happens that, when m copies of Imperial Decrees, words indicating this or that Government are seen to ^^ m the bod^ of the column, I the foreigner] will suspect that the mfenoritv of his Govemnient is SipUed His Government, he fears, will consequently be looked down upon by the officials and W^^^^^.^^^^"^^^ ^^^-^^ explained that in Imperial Decrees, as these are com- mands addressed only to the officials and people of China [no foreign Govei-nments designation] can lawfully be raised above the column So m State Letters (sc. ot Credence, &c.) [words of the kind] are invariably elevated. In the letters, for instance, that have on different occasions passed between the Sovereigns of China and of foreign States [the Ruler's designation] has been so elevated on both sides. The word designa- ting the Government of the great Power addressed has also been elevated The tact that in the Treaties with foreign States the words are so printed, is an additional proof [that their equality is admitted]. Why, then, should a distinction as between superior and inferior be suspected ? -, , ,. It is difficult, however, notwithstanding the repeated explanations given, to convince every one, native and foreign, of the truth, without a Declaration from the Throne. It is also too possible that some ignorant person of bad character may make mischief of the Herein is the significance of intercourse between Governments, which it is indispen- sable that aU, both native and foreigner, should be made to understand. The two questions above submitted have been very carefully considered by your servants. They are seriously apprehensive lest, on one side or the other,* motives may not be thoroughly appreciated. At the same time [there are practical difficulties to be met], and to carry a measure of formality by force, without due precaution against evils in substance that might ensue from it, would infallibly entail consequences of the most serious importance to foreign relations; the point it was sought to approach being further than ever removed, the effort made to gain an advantage having resulted in loss. . J , -1 11 [Under these circumstances, your servants] venture to state then- views detailedly and explicitly, and, looking upward, they implore your Majesty graciously to accord a Declaration from the Throne, that may dissipate the doubts of the many and render the great stake secure.f On their proposition, be its merits what they may, they prostrate beg to the sacred glance of the Empresses [Regent] and the Emperor. A respectful Memorial. The Decree in reply has been copied {sc. pubUshed.) Inclosure 4 in ISo. 57. Mr. Wade to the Prince of Kung. Sir^ Peking, September 29, 1875. AS my communication of last evening was leaving the Legation, I received your Imperial Highness' note embodying the Imperial Decree to which mine had requested attention, and inclosing copy of the Tsung-li Tamen's Memorial to which the Decree was a reply. The authentication of the Decree is thus complete, and having now had time to peruse carefully both documents, I am enabled to assure your Imperial Highness of my conviction that they will be read with satisfaction by every well-wisher to China. I renew &c. (Signed) ' THOMAS FRANCIS WADE. * The two sides are Chinese and foreign Ministers, in the consideration of one of the two questions ; and the Ministers of tile Tsung-li Yamfen and other departments, in that of the other. t The great stake or board, ta chii, is any important matter in hand; here foreign relations. The word secure is the verbal rendering of wei, properly the rope which binds a net on the four sides, and keeps it together ; also used of the four upright columns that give stability to the framework of a house. 89 No. 58. Mr. Wade to the Earl of Derby. — {Received December 1 2.) (Extract.) Shanghae, October 21, 187.5. I!N" accordance with my proposition (Inclosure 4 of my other despatch of this date),* Mr. Mayers proceeded in the forenoon of the 29th September to the Yamen. Mr. Grosvenor was to take leave of the Ministers in the afternoon, and having allowed him a little law for purposes of ceremony, I followed. The sum of my questions in speech or writing was this : — Was I, or was I not, by the evening of the 29th, to receive the assurances I had demanded regarding taxation of trade at the ports and inland, and regarding consideration of the frontier trade in Yunnan? The contention of the Ministers, early and late, was that I had already received the very assurances for which I was stUl pressing. , I reviewed at great length the whole of the antecedent discussion, guarding myself against any show of irritation. But I insisted emphatically that I could now accept no compromise ; that I must go if my guarantees were not conceded ; that if, after fhe evening of the 29th, negotiations were resumed, I should put forward fresh demands. Shortly after my return home, I received a note from the Prince of Kung, of which I inclose translation. For the moment, all hope of adjustment appeared at an end. Not only was the "time I had named past, but the winter was approaching ; and if I had expected anything from the protraction of the discussion, it was scarcely open to me to protract it; if the Legation and the communities were to be withdrawn. I resolved accordingly to withdraw them, as soon as the necessary notices to my colleagues and to the northern port communities could be prepared. Inclosure 1 in No. 58. The Prince of Kung to Mr. Wade. (Translation.) Peking, September 29, 1875. THE Prince received on the 26th instant two communicationsf from the British Minister, to which a reply had not yet been sent, owing to the fact that action was in process of being decided upon, when a note was further received on the 27th instant, in which the British Minister stated that he was in some doubt as to the meaning of the sentence (in a note just received from his Imperial Highness) to the effect that the Tsung-li Yamen had proposed to address a Memorial to the Throne, and further, that the note under acknowledgment contained no reference either to the taxation of trade at the ports, or to the trade between Burma and Yiinnan, as also that the Ministers with whom the British Minister has been in conference on the above subject spoke of them as if the concession of what is required were something extravagant to exact of China, and at the same time a matter of extraordinary favour to the British Government. To this note a reply was in course of preparation, when, on the 28th instant, the British Minister's despatch was received, referring to the Decree which he had read in the " Gazette," giving sanction to the Tsung-li Yam^n's Memorial on the subject of relations with the foreign Ministers at Peking, and stating that he should wait until the following evening, when, if without a satisfactory reply on the subject of the two other proposi- tions, he should adhere to his decision to withdraw the Legation from Peking. The Prince has to state that, with reference t6 the Decree respectfully received in reply to the Memorial presented [by the Yam^n] on the 28th instant, a communication has already been addressed to the British Minister, and that the expression [in the Prince's note of the 27th instant] upon which information was requested, indicated the fact that the Memorial was actually in process of being drawn up. The doubt in which the British Minister found himself may be attributable, perhaps, to the fact that the Chinese form of expression differs [from what might be used in English]. As to the view taken by the Tsung-li Yamen of its prayer for authority to confer with the chiefs of the different Departments, and decide upon the subject of intercourse • Vo. 68. t t.«., the despatch dated the 26th instant, and the Chinese text of the despatch of the 24th instant, the Enelish text of which bad been deliye'red to the Ministers on that day. - [34t} ' N between them and the foreign Ministers at Peking, the Prince and his colleagues have by no means considered this in the light of an extraordinary favonr. Conscious as they were of the fact that the matter in question was a matter sui generis, they were perfectly aware that it was no easy task to achieve. The purpose for which they felt bound to carry it into effect was that a guarantee should thereby be given [of] improvement in foreign relations, with a view of guarding against causes of international disagreement hereafter, and, not by any means solely on account of the affair that has taken place in Yunnan. Tn connection with the taxation of trade, again, whatever particulars may call for consideration with a view to action being decided upon, ought to be taken into considera- tion as the occasion for it presents itself; and here, also, it is by no means as a consequence of the Yunnan affair that an agreement to consult and act in the matter has been signified. Within the last few days the Inspector-General of Customs, Mr. Hart, has been directed to consider the question carefully and in detail. In respect of the questions relating to trade on the frontier of Yunnan, the Tsung-li Yamen has already consented to enter into negotiations ; and in this respect, also with the view of guarding against disagreements, the promise was given that an official should be appointed to make inquiry after the case now pending in Yunnan shall have been wound up. The foregoing particulars have all been stated repeatedly to the British Minister personally, and likewise in communications to his address. Notwithstanding this he now writes that not a word of mention of them has been received, and, fixing a limit of one day, his ultimatum is, that unless he receives a satisfactory reply, he wiU leave Peking. Thug, in matters in which the Prince, for his part, has already agreed to negotiate with the iBritish Minister with a vijw to genuinely satisfactory results, the British Minister, on the contrary, seems to cherish an intention of using compulsion. The consequence is that, although the desire to enter into arrangements [or, consultation with a view to action] be entertained, this cannot be done ; and although it be Wished to prevail [on the British Minister] to remain, this object is beyond reach. To sum up : there is no time or subject at or with reference to which the Prince and his colleagues have been other- wise than willing to negotiate with the British Minister, notwithstanding which, he writes to them in the words he has lately addressed to them. Let but the subject be examined in its details, and the correspondence that has passed be appealed to, and it will become patent to every eye whether, in the relations between the Chinese and the British Governments, or in the conduct of affairs between the Prince and the British Minigter, there has been a disposition, even in the least possible degree, to trifle with him. This communication is accordingly forwarded in reply. Kuang Su, 1st year, 9th moon, 1st day. Inclosure 2 in No. 58. Mr. Wade to the Prince of Kung. Sir, Peking, September SO, 1875. I HAVE the honour to acknowledge your Imperial Highness' communication received last evening. I regret to find in it nothing that will enable me to depart from the decision earlier announced to your Imperial Highness. It will be my duty in a day or two to address your Imperial Highness at greater length. X rcnGw 8cc (Signed) ' THOMAS FEAKCI3 WADE. No. 59. Mr. Wade to the Earl of Derby.— {Received December 12.) (Extract.) Shanghae, October 26, 1875. I RESUME my narrative at the point at which I left it in my despatch of the 21st instant. I stated therein that I had determined to withdraw the Legatioij aj^d th^ northern port^' communities. The inclosed notp, dated the 1st instant, to the Prinde of Kung, was ^ccordinffly 01 drafted and translated; but pending tlie further explanations I was expecting from Mr. Hart, I detained it. In the forenoon of the 3rd instant Mr. Hart called on me. He had had a \&ag conversation with the Grand Secretary Wensiang the daj before (the 2nd instant), and his Excellency had closed the interview by desiring Mr. Hart to submit some proposition regarding taxation of foreign trade that would be feiaaible for China, and acceptable alike to all the Treaty Powers. Mr. Hart had, of course, promised to do his best, but had expressed his doubts that, at the present juncture, the measure would be of any avail, as I had determined oa taking the step I had announced. Before he left the Legatiouy Mr. Hart received a note, summoning him to the Tamen. I authorized him to tell the Ministers that he had left me engaged upofi the papers I. have mentioned, and to remind them of what I had said on the 29th September, namely, that, that day passed, I should not resume iiegortiations without putting fotwrni. fresh propositions. He proceeded to the Yamen, and was there received by the Grand Secretary Wensiang and five other Ministers. They handed him my note of the 2nd (Inclosure 2) to read, and he, Mr. Hart, was again instructed, in what I consider very satisfactory terms, to report on the whole commercial question with a view to its adjustment. Having reached this point, Mr. Hart thought it advisable, before repeating what I had authorized him to say, to consult me. He returned to the Legation accordingly for that purpose. I begged him to deliver my message of the morning, to point out that what [ had sought was not the material advantage of this or that concession, but the guarantee of good faith that the removal of a standing grievaince, and the promise regarding YiiniiM Srade, would have afforded ; that the situation was now changed ; that I pressed for the concessions earlier-named no longer, but for the publication either of the Defcree and Memorial censuring the Governor of Yiinnan, which had been communicated to me at Tien-tsin, or of a fresh Decree ordermg the Governor and the Momein officials to I felt clear that I must have something in addition to my earlier programme. I had assured the Ministers very positively on the 29th September that, unless what was then before them were yielded, fresh demands would be inevitable. Had I gone back to the trade questions, pure and simple withal, it would have been assumed that my real object after aU was trade, and none other. After much reflection, I decided that foreign interests could hardly be more advantaged than by a Decree recalling the attention of the Provincial Government* to the Treaty provisions affecting the right of travel under passport. The demand, at the same time, was so simple, that evasion of it would perfectly free the hands of Her Majesty's Government in any decision to be hereafter taken. Mr. Hart was to go to the Yamen early in the day (4th instant), and I accordingly wrote to him that I would substitute this demand for that of the previous evening, requiring at the mme time, however, a despatch that would assure me of the Yamen's bond fide intention to instruct bj m to frame such a report as the Grand Secretary had spoken of, and a second despatch engaging the Chinese Government to authorize consideration of the Yunnan frontier trade in the manner I had proposed. At the Yam^B, Mr. Hart found the Grand Secretary "Wensiang, and with him the Grand Secretary Li Hung-ch'ang, who, in his capacity of Governor-General of- the Province of Chih-li, had come up fo superintend the funeral procession: of the late EmperoiB, whose coffin was to be attended by the whole Court to the mausoleum on the 16th. After a very long conference, in which, although an understanding was arrived at that the two despatches should be shown me in draft, if I would show my draft replies, still nothing- was settled about the Decree. The Grand Secretary Li begged Mr. Hart to go to the Legation and to say that Ms Excellency would presently come to see ffle. He would be glad that Mr, Hart should remain till he came. I had meanwhile received a despatch from the Prince of Kung flnclosure 3), replying to mine of the 1st and 2nd instant. It was directed principally to the bean^trade question, the Grand Secretary's observations regarding which, it contended, had beeit misunderstood, and closed with an assurance that the Prince was ready at all times to negotiate Lliterally, confer and take action) with me, and on any subjects. I at once sent Mr. Mayers to the Yamen with the inelosed Memorandum of instruc- tions', to ask for explanation of the expression " confer and take action," but more IBBEticularly to impre^ tsIKMi the Ministers once more the real object of my demands, an^ the danger of rejecting them. [3441 . N 2 92 Shortly after Mr. Mayers' return to the Legation, the Grand Secretary Li arrived, accompanied by Hsii Ch'ien-shen, his relative by marriage, who is to be one of the two Envoys to be sent one day to England. Inclosure 1 in No. 59. Mr. Wade to the Prince of Kung. Sir^ October 1, 1876. IN my reply of the 30th September to your Imperial Highness' communication of the 29th, I had the honour to state that I should write at greater length to your Imperial Highness in a day or two. It was my intention at the time to review what had passed since the 1 7th September, the day on which I wrote to announce that I had decided on the withdrawal of the Legation and the northern port communities. It appears to me, on reflection, unnecessary to repeat again what has been so often repeated. I have forwarded to Her Majesty's Government copies of all correspondence and notes of all conferences up to my departure from Tien-tsin on the 8th of September. Her Majesty's Government will now be similarly informed of all that has passed in speech or writing since that date. Whether I am justified in asserting that I have been trifled with, Her Majesty's Government, with this information before it, will be well able to judge. I shall proceed at once to withdraw the Legation, and I shall instruct Her Majesty's Consuls at the ports of Tien-tsin and Newchwang to give notice to the British commu- nities at those ports that they must retire before the rivers are closed. The members of these communities will file inventories of such property as they may be unable to take away in their respective Consulates, and compensation for any loss they may sustain will be claimed in due time of the Chinese Government. I renew, &c. (Signed) THOMAS FEANCIS WADE. Inclosure 2 in No. 69. Mr. Wade to the Prince of Kung. Sir, October 2, 1876, THE foregoing communication was ready for transmission to your Imperial Highness yesterday, but I kept it back for a particular reason. It is needless to review all that passed between my visit to the Tamen on the 25th, when I renewed negotiations on the subject of the three guarantees, and my receipt of your Imperial Highness's note on the evening of the 29th. I briefly acknowledged this note on the 30th, promising to write presently at greater length. In the meantime, as it was stated in your Imperial Highness' despatch that Mr. Hart had been directed to consider the question of taxation of trade carefully and in detail, I requested that gentleman to inform me what instructions he had received. He answered none, but, as it was possible there might be some misunderstanding on the point, he begged me to take no further step until he should have spoken to the Ministers of the Tsung-li Yamen. I consented, and, according to a letter from him now lying before me, he waited upon their Excellencies upon the 30th of September and the 1st instant. What was said to Mr. Hart by the Ministers who received him on both days has, of course, been reported to your Imperial Highness, and there is but one part of the conversation to which I propose to refer. Mr. Hart was informed yesterday, the 1st instant, by the Ministers Tung and Ch'ung that, as a concession, the import trade might be freed from '•' li-kin" taxation within the limits of the foreign settlements, and that, to balance this boon, the old interdict upon foreign trade in bean-cake at Chefoo and New- chwang would be reimposed. This, their Excellencies informed Mr. Hart, was the positive decision of the Grand Secretary Wensiang. Now, the removal of the prohibition referred to was granted under circumstances which I well remember. Ningpo had fallen into the hands of the Taeping rebels in the month of December 1861, and great fear was entertained at Peking that they would make a dash at the Taku forts, which, at the time I speak of, were still occupied by the troops of England and France. 93 The Grand Secretary Wtosiang asked me if Sir V. Bruce would guarantee the forts against capture by the rebels, and Sir P. Bruce undertook to guarantee them provided the trade in bean-cake at the ports above-named were thrown open. An Imperial Decree approving the opening of the trade to foreign shipping was issued on the 19th February, 1862j and was communicated to the foreign Legations in a despatch from your Imperial Highness, dated the 22nd February. The concession was formally confirmed, first, in the year 1863, by the exclusion of the interdict from Rule V of the Supplementary Regulations appended to the Danish Treaty; and similarly in the year 1869, when the Austro-Hungarian Treaty was negotiated. Whether under these circumstances the Powers whose nationals are interested in the bean-trade would consent to theu" abrupt exclusion from the trade, is a question of which the consideration may well be postponed. The intimation, at the same time, of the possibility of such a measure, especially at this juncture, is by no means without significance. The positive decision of the Grand Secretary Wensiang, communicated thus formally to the Inspector-General of Customs, amounts to this, that certain taxes upon trade, which have been protested against as being imposed in violation of Treaty, shall, as a favour, be laid no longer upon the trade in a certain limited area occupied by foreign communities within which area no trade exists, and that, as a set-off against this favour, a privilege, conceded in exchange for an important service rendered the Chinese Govern- ment, and subsequently confirmed to the foreigner by Treaty, shall be withdrawn. If the positive decision of the Grand Secretary Wensiang represent the positive decision of the Chinese Government, I can only say that no words could better substan- tiate the charge of trifling so deprecated in your Imperial Highness's despatch of the 29th September. (Signed) THOMAS FRANCIS WADE. Inclosure 3 in No. 59. The Prince of Rung to Mi\ Wade, (Translation.) Peking, October 4, 1875. THE Prince received on the 2nd instant the British Minister's two despatches, dated respectively the 1st and the 2nd instant ; in the first of which he states that he is about to withdraw the Legation at once from Peking ; and in the second he refers to a state- ment of the Ministers Tung and Ch'ung to the Inspector-General of Customs, Mr. Hart, as to a positive decision on the part of the Grand Secretary Wensiang in connection with the interdict on the bean-trade at the northern ports, the reimposition of which was to counterbalance the withdrawal of the li-kin tax from the settlements at the ports. This, it was observed, was a sufficient testimony to the truth of the British Minister's statement that he was being trifled with. The Prince has questioned the Ministers Tung and Ch'ung, who state that, in their conversation with Mr. Hart on the day referred to, neither of them uttered a syllable with reference to the bean-trade ; and that, although the Tsung-pan Tung, who did deliver a message from the Grand Secretary, referred, when speaking with Mr. Hart on the question of li-kin, to the circumstances connected with the removal in times past of the interdict on the bean-trade, the Grand Secretary's meaning was not as is represented in the despatch received from the British Minister. The expression "positive decision" [was used in this wise]. The Grand Secretary, while lying ill at his private residence, after concluding what he had to say to the Tsung-pan Tung, added that in all arrangements that it was proposed to make, his positive decision was that, as a first essential, injurious consequences must be guarded against. This was a general observation, embracing the whole subject. The Grand Secretary Wensiang has addressed a separate note on this subject to the British Minister, and furthermore, the Ministers Tung and Ch'ung have confronted their statements, in an interview at the Yam^n, on the 3rd instant, with Mr. Hart, in a manner perfectly distinct. Abundant testimony is thus forthcoming in support of the Prince's statement in his despatch of the 29th ultimo, that there has been no disposition, even in the least possible degree, to trifle with the matter. . . The reply he has to make to-day to the British Ministesr's communication ot the 1st instant, is simply a repetition of the words he used in his despatch of the 29th 94 ultimo, viz^ tbat there is uo time or snjlWect at or with ref^-enGe t& which he is otherwise tl^ willing to p,Qgatiate with the British Minister. He acearclm^y forwards this reph tor the British Minister's information, Kwang Su, 1st year, 9 th moon;; tith. day. ISe. 60. MT' Vtadi to the Earl of Derby.— (Reedved Decemb&r 12.) (Extract.) Shanghae, October 26, 187^. MR. MAYEBS waited on the Grand Secretary Li^ ag in my previous despatch of this date I stated that it was agreed he should, on the morning of the 5th instant. His Excellency had been in the Palace since an early hour, and my demand had been warmly discussed. Before noon, however, came the note from the Prince, receipt of which I had impressed on his Excellency Li was the condition of my remaining for another^ day or two. I inclose translation of the semi-ofBcial note, and of my reply to it, in which I acknowledged His Imperial Highness' communication of the 4th instant. In the afternoon Mr. Hart brought me the drafts of the two despatches \ hlid required, and as soon as my replies could be translated, drafts of these were handed him for transmission to the Tamen. He was so good as to charge himself with these paperi, and, in the course of the following day, the 6th instant, I received formal copies from the Tam^n, and anawered them accordingly. I inclose translations and copies of the four notes thus exchanged. Upon the 9th I received a return visit from the Grand Secretary Pao, and the Ministers Tung, ChWg, and Hsia, and later in the day the inclosed despatch from the Prince of Knng, embodying the expected Decree. Appended to it was the Yamen's Memorial, translation of which, in print, is also inclosed. I replied the following morning, taking care to observe that, in a telegram that had reached me only on the 6th instant, your Lordship had desired me to repeat that the fullest inquiry into the Yunnan outrage was expected, and that I was now about to proceed to Shanghae to give Mr. Grosvenor his instructions. I was particular in mention- ing that these would certain]^ direct him tft Maawyn^ and* if he saw fit, to Bhamo. iMlosii^e 1 m ^a» §0< The Prince of Kimg^ to Mr. Wade. (Translation.) October 5, 187§. THE Prince writes specially to inform Mr. Wade that the Grand Secretary Li has ju^ now carefully considered with the Prince the question relating to a distinct deel*ra- tion on the s-ubject of pifotection [as g uaranteedl by Treaty, which formed the subject of conversation yesterday between Mr. AVade and the Grand Secretary; and he has to state that the step of laying a Memorial representing [the question] before the Throne is one which the Yam0» can., in fact, umJertake. The language to be used in the Memorial, however, calls for more than ordinary care and forethought, and it will be necessary to draft the document with such due consultation on the part of the Ministers of the Yamen as shall bo conducive to a beneficial issue. So soon as the draft shall have been finally decided upjMQ,, the Memorial can be prepared for preaentatioB to the Throne. In forwarding this note, the Prince avails himself, &c. Incloaure 2 in liTo. %0. Mr. Wade to the Prince of Mtrty. T ■crAvn t, PeMng, October Si, 1373. I HAVE the honour to acknoAvledge your Imperial Highness' communication of the 4th ins-tant, which I received yesterday, aiid I have now to thank, your Imperial Highness for th*" semi-oflTicial note of this afternoon. I am gratified by your Imperial Highness' promise that there shall be submitted to the Throae a Memorial on thie subjeqt of passports, in the sense I had represented to the Grand Secretary Li I should require when hi* Excellency was at the Bofifeish Legai^«Bc yessfeerday, As I oteseEved to 95 the Grand Secretary, the essential is that a reference should be made to the attack on a British Mission travelling in Yunnan |)rovided with passports and the murder of their interpreter. I renew, &c. (Signed) THOMAS FBANCIS WADE. Indosnre 3 in No. 60. The Prince of Kung to Mr. Wade. (Translation.) Peking, October 6, 1875. WITH reference to the question of trade on the frontier of Yunnan, the Yamin ot Foreign Affairs has already consented to negotiate with a view to arrangements on this subject, as the British Minister was given to understand on the 29th of September. The Prince has now to state that it will hereafter be the duty of the Chinese Government to appoint an officer to proceed to the Yunnan frontier to examine the conditions under which the trade is carried on. On the other part, it will be the duty of the British Government to appoint an officer to proceed to the same locality and join with the officer deputed by the Chinese Government in making a careful investigation. After this shall have been done, the YamSn and the British Minister will confer together with a view to the due establishment of regulations, and the action thereupon. This communication is accordingly forwarded for the information of the British Minister. K-uang Sii, 1st year, 9th moon, 8th day. Indpsure 4 in Ko. 60. Mr. TF(ide to the Prince qJ' Kung. Sir, Peking, October 6, 1875. I HAVE the honour to acknowledge receipt of your Imperial Highness' despatch of this date, regarding the trade on the Yiinnan frontier, which, in the accompanying Chinese version, I quote at length. I accept the engagement given in this despatch as satisfying the conditions required in my correspondence on the subject referred to. On my part I engage that, until the inquiry into the Momein outrage be completed, the Mission from India, for which I have already obtained passports, will not be sent to Yunnan. I renew to your Imperifil Highness the assurance of my most distinguished consideration. I renew &c. . (Signed) ' THOMAS FRANCIS WADE. ««fa*i Inclosure 5 in No. 60. The Prince of Kung to Mr. Wade. (Translation.) Peking, October 6, 1875. THE jPrJiJCe informs the British Minister that, with reference to the rectification of taxation on trade at the Treaty ports, th^ Yam6n of Foreign Afi'airs wrote on the 22nd of last month to desire the Inspector-General of Customs, Mr. Hart, to come to the Yamen, for the purpose of subniitting his views in the matter ; and the Yam^n has since forwarded hiP a Memorandum whi«?h they had draVn up for him to look over. They have now farther sent him official instructions, desiring him to prepare a Report in detail, based upon this Memoraijdmw. After taking [this Report] into qopsidieratip?, the Yajg^n will proceed to consult with the British Minister upon it. fhjg eomrnuuication is accordingly forwarded for the British Minister's infornistios. tu,a»§ Sv, Ut year, 9th month, Sth day. 96 Iticlosure 6 in No. 60. Mr. Wade to the Prince of Kung, Sir, Peking, October 6, 1875. I HAVE had the honour to receive your Imperial Highness' despatch of this date regarding the taxation of trade, which in the accompanying Chinese version I quote at length. I accept the promise given in this despatch as satisfying the condition required in my correspondence on the subject referred to. I renew &c. (Signed) ' THOMAS FRANCIS WADE. Inclosure 7 in No. 60, Memorandum of Interview between Mr. Wade and the Ministers of the Yamen. Peking, October 7, 1875, MR, WADE, with the Honourable H, G, Edwardes and Mr. Mayers, called at the Yamen to take leave before proceeding to Tien-tsin, Mr, Edwardes, at the same time, taking leave on his departure for England. The Ministers present were their Excellencies Tung, Shin, Ch'unghow, and Hsia, with the Tsungpan Tung. After the usual formalities, Mr. Wade expressed to the Ministers his wish, without in any way hurrying the Prince, to know when the Decree that has been promised should be published. He repeated to the Ministers what Mr. Mayers had been instructed to say in the morning to the Grand Secretary Li, with reference to the position in which he finds himself, the necessity for giving information to the foreign Representatives and the community at Tien-tsin, and reporting to Her Majesty's Government. The Minister Shen replied, measuring his words very carefully, to the effect that the Memorial would certainly be presented in fulfilment, of the pledge given, but that its preparation requires cautious deliberation. It is a document which is to be read not only by foreigners, but by Chinese, and it must be so worded as to content the Subjects of the Empire. The draft had not yet been finally decided on, but so soon as this had been done, and the pending stress of business in connection with the Imperial funeral shall permit, it shall be presented. He would commit himself to no statement as regards the probable time when the Decree will be issued. Inclosure 8 in No. 60. The Prince of Kung to Mr. Wade. (Translation.) ^ Peking, October 9, 1875. THE Yamen of Foreign Affairs, having memorialized tbe Throne, setting forth a declaration of the Treaty provisions regarding protection to the bearers of passports the following Imperial Decree was received this day : — " The Yamin of Foreign Affairs has memorialized us, setting forth in distinct terms the provisions of the Treaties with different countfies, and requesting that injunctions be laid upon the Governments of all the provinces to act in obedience [to these stipulations!. [With reference to the privilege enjoyed by] foreigners of travelling in the interior it is distinctly provided in all the Treaties that passports must be taken out, which must be impressed with a Chinese official seal, and which must be presented for inspection when- ever required, whereupon passage will be^granted. It is furthermore stipulated that in the event of any unlawful act being committed [by the bearer of a passport], he shall be handed over to the nearest Consul to be dealt with, bei6g subjeated only to the necessary restraint while on the journey, but not allowed to be maltreated. ' Passports are not to be given to any but persons of respectability, V , ' " The Treaty provisions are distinct in the extreme, and there should be no difficulty \ V in attending to them as may be necessary on the part of local authorities. In the case ^^ which h'a^ lately occurred, of the British Official Interpreter Margary, who has been murdered on the frontier of Yiinnan, we have already appointed Li Han-ch'ans- as Commissioner to proceed without delay [to the province], in order to ascertain by whom the murder was committed, and to take action. After [the promulgation of the present 97 Decree], the Governors-General and Governors of all the provinces will be bound to issue instructions to all the local oflBcials under their control, directing them to take cognizance minutely of the intention of the Treaties, [and enjoining upon them that] whenever persons provided with passports enter their districts, it is incumbent upon them to take measures eflFectively, as may be requisite, in conformity with the Treaty provisions. By this means tranquillity will be secured to Chinese and foreigners alike, and causes of misunderstanding will be prevented from arising." The foregoing, having been reverently received, a copy, reverently made, as also of the Tamen's Memorial, is herewith forwarded for. the information of the British Minister. Kuang-Sii, 1st year, 9th moon, 11th day. Inclosure 9 in No. 60. Extract from the "Peking Gazette" of October 10, 1875. THE following Memorial on Foreign Passports was published in the manuscript edition of the " Peking Gazette," of the 10th October :— " Tour Majesty's servants Yi-Sin and others (the Prince of Kung and his colleagues of the Tsung-li Yamen), upon their knees present a Memorial to the Throne. In order to the more perfect exposition of [ a provision in] the Treaties with foreign states, they pray your Majesty to issue a Decree directing the provincial Governments to take cognisance thereof; that it may be obediently adhered to, and departure from it avoided. "They would humbly represent, with reference ta the question of foreigners travelling in the interior, that by the express language of. the Treaties of the several Treaty Powers^ a passport has to be applied for which is sealed by a Chinese authority. Persons holding passports are to produce them for inspection as occasion may demand when they are travelling, and, inspection made, they are to be allowed to proceed, and must not be hindered or detained to their inconvenience. It is farther laid down that where a passport has been lost, or where a passport is not genuine, or where a breach of law is committed | the foreigner concerned], is to be handed over to the nearest Consul, that action may be taken, but that [such a person] is simply to be taken charge of, and is not to be maltreated (or cruelly used). It is farther laid down that passports shall be issued only to respectable persons, or, as in some Treaties it is set forth, that no person not being respectable and of peaceful character is on any account to be given a passport. " Such are the provisions of the Treaties, which, with slight variations, are, on the whole, identical ; their general aim being simply to enable the local authorities to comprehend exactly how the Treaty affects persons carrying passports, and in what manner they are to deal with them under different sets of circumstances. " In the case of the British interpreter, Margary, who was murdered on the frontier of Yunnan, your servants have had the honour to receive a Decree from your Majesty, directing Li Han-ch'ang to proceed hither, to make inquiry and take action. How it was that he came to be murdered, there will, of course, be no difficulty in establishing. As the water descends, the rock will appear. Meantime, however, while the facts are being ascertained, it is too possible that the authorities in the provinces, not understanding what the Treaty provision really means, may be led by this case to entertain misgivings, each one doubting what course his colleague may pursue (1), and instead of affording protection to persons entitled to it, may abstain from affording such protection for fear of difficulty ; or that from the circulation of false statements passed on from one to the other of the common people, some fresh complications may arise. Against either event it is but a duty to take precaution, and it therefore behoves [your servants] to place the truth before the Throne, and to request your Majesty to issue a Decree commanding the high officers in Chihli and the other provinces to transmit orders to the local authorities one and all, to inform themselves without fail of the real meaning of the Treaties, and to take whatever action may be proper under this or that set of circumstances ; that so (2) y both native and foreigner may be set at ease. "The Treaties of the different .Treaty Powers have earlier been forwarded by your servants' Yamen to the provincial Governments, and if your Majesty now approve (the prayer of their memorial), the Yamin will farther forward to the provinces copies of the articles contained in the several Treaties in which the protection of persons travelling under passport, and other proceedings affecting them, are provided for, with instructions [344] ^y' 08 #iat orders be passed on to tlfe lofcal authorities to act uniformly in accordance therfe- Mtli. " TJpon their statement of the reasons why the Treaty pTovision should be mpre tinerfectly explained (or declared), prostrate they beg the sacred glanfce of their Majestitss, %e Ehiipregses and the Emperor. '" A respectful meniorial." Inclosure 10 in No. 60. Mr. Wade to the Prince of Kung. Sir^ Peking, October 10, 1875. I HAVE the honour to acknowledge your Imperial Highness' communication of the 9th instant, inclosing copies of an Imperial Decree upon the better observance of the Treaty provisions regarding passports, and of the Memorial of the Tsung-li Yam^n, 1*equest(n^ that Decree. I shall have much satisfaction in informing the Earl of Derby that I have received these papers from your Imperial Highness. In a telegram which reached this on the 6th instant, his Lordship has desired me to repeat that the fullest inquiry into the Yunnan outrage is expected, and I shaU be happy to be able to state in reply that Mr. Grosvenor is about to start at once for Yunnan, I go to Shaughae myself to-morrow to give Mr. Grosvenor his instructions, which will be in sum as follows : — He wiU, in the first instance, of course proceed to Yunnan -fu, where, I presume, he will find his Excellency Li Han-ch'ang. He wiU subsequently, as soon as it seems to him good, move on to Manwyne, if for no other purpose, to collect the remains of the unfortunate Mr. Margary. He will then, at his discretion, either return 'through China to Hankow, or he wiU cross the frontier to Bhamo, following the line itaken by Mr. Margary last January. In the latter case, Mr. Grosvenor will communicate with the Agent of the Government of India resident -at Bhamo, and, as in ihe case of Mr. Margary, a guard will be sent to the Burmese frontier to meet him. Your Imperial 'Highness has already assured me, in your despatch of the 22nd August, that whenever, at any future date, British ofiicers holding the passports that have been given, shall under- take the journey from Yunnan to Burma, orders shall certainly be given to the authorities on the spot to aftbrd them active protection, enabling them to pass out of [Chinese] territory in peace and safety ; and I cannot doubt that all necessary instructions on the subject will have been sent to Yiinnan. I r&nGw &c (Signed) ' THOMAS FRAlf CIS WADE. I No. 61. Mr. Wade to the Earl of Derby. — -{Meceived December 12.) My Lord, Shanghae, October 27, 1875. IN the interview with the Grand Secretary Paoyiin, alluded to in the foregoing despatch of this date, I took occasion to recommend that, as two months had now elapsed since the Envoys Kuo Sung-tao and Hsii Ch'ien-sh^n had been appointed, their mission to England had now better be delayed until the Yunnan case was concluded. The Grand Secretary and his colleagues appeared to acquiesce in the propriety of this •^course. I have, &c. (Signed) THOMAS FRANCIS WADE. No. 62. Mr. Wade to the Earl of Derby.— {Received December 12.) My Lord, Shanghae, Ottober 27, 1875. ON my arrival here on the 17th instant, I wrote to the Consul, Mr. Medhurst, instructing him^to notify publicly that arrangements had been made that would admit of lUr. Grosvenor's immediate departure for Yunnan. Having learned that ; great expect- 9R ations had been entertained of an immediate, exjfcftosion of the privileges of trade from the operations of a Convention I was supposed to have signed, I thought it right to disabuse the eommunity of this impression, and I took, occasion to repeat what there is a constant tendency out here to forget, that, with a trade regulated by provisions common to all the Treaties, and defined in nearly identical language in the Treaties, it is not competent for th,f.. British Minister any more than for the Minister of any qthe)? Treaty-Power, single-handed; to negotiate any conditions that will modify the existent Treaty provisions ; or, more exactly, to negotiate conditions that will be operative. Unless it had. formally accepted the changes, agreed to, any one Power, no matter how insufficient its share of the China trade, would, in most instances, be able to neutralise the effect of any new provision though assented to, it might be, by all the Powers most interested in commerce. I inclose copy of the despatch which I authorized Mr. Medhurst to publish. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure in No. 62. Notification.— No. 18 of 1875. THE Undersigned has much pleasure in publishing for general information the accompanying copy of a despatch just received from T. F. Wade, Esq., Her Britannic Majesty's Minister Plenipotentiary, &c., &c. (Signed) W. H. MEDHURST, Consul Her Majesty's Consulate, Shanghae, October 17, 1875. Sir, Shanghae, October 17, 1875. I HAVE to request you to state, for the information of Her Majesty's subjects ?^t this port, that arrangements have been made which enable me to allow Mr. Grosvenor to proceed without farther delay to Yunnan, in order that he may be present at the investi- gation of the circumstances of the attack on Colonel Browne's Mission and the murder of Mr. Margary. Mr, Grosvenor's long detention, and the fact that I was known to be engaged in negotiations bearing more or less on the matter of his Mission, have not unnaturalljf; excited apprehensions which will, I hope, be set at rest by the announcement I havie authorized you to make. I should not here refer farther to the negotiations in question, did I not conceive it expedient to set speculation on Ouz point at rest. I hear it rumoured that I have signed a Convention by which British Trade was to be materially influenced. — This is not the case ; I have availed myself of the opportunity to insist very earnestly upon the duty of more perfectly observing various Treaty provisions, indifference to which has been so frequently matter of complaint ; notably of those that bear upon the taxation of our trade. Were the conditions of the Treaty, as *t stands, to be fulfilled, there would, of course, be no occasion for a Convention. Were it shown to be expediefit to modify the existing con- ditions of the Treaty affecting trade, a Convention would be, doubtless, necessary. But no I Convention could be operative, that had been negotiated by myself, or the Representative of any Treaty-Power, single-handed. Foreign Trade in China is a common pi^operty, changes in the regulation of which, to be effective, must have been duly considered and accepted by all alike. What 1 have striven to obtain, therefore, in this direction, is a formal engagement on the part of the Chinese Government that enquiry should be made into the question of Taxation of Foreign Trade, whether at the Consular Pqrts or beyond their limits, and that a report should be prepared on which, were it found otherwise impossible to rectify practices at present objected to, modification of existent conditions might be negotiated. An engagement by which I hope that the desired object may be attained has been confieded- You are at liberty to publish this despatch. Your obedient servant, (Signed) THOMAS FRANCIS WADE, W. H. Medhurst, Esq., &c, . &c. &c. [344] O 2 100 No. 63. Mr. Wade to the Earl of Derby. — (Received December 12.) My Lord, Shanghae, October 27, 1875. ON receipt of your Lordship's reply of the 21st to my telegram of the I8th mstant, I wrote to communicate to the Prince of Kung the message I was desired to give him. I have the honour to inclose copy of my note to His Imperial Highness. (Signed) ' THOMAS FRANCIS WADE. Inclosure iri No. 63. Mr. Wade to the Prince of Kung. j^ii.^ . Shanghae, October 22, 187.'5. 1 HAVE the honour to acquaint your Imperial Highness that I arrived at this Port on the 17th instant. Upon the 18th I telegraphed to the Earl of Derby that, as I had already reported on the 26th August, a Mission was to be sent by the Chmese Govern- ment to England, but that I had recommended the Government not to send it until the inquiry in Yunnan should be ended. I expressed myself in this sense to the Government Secretary Paoyuh, and the Minister who did me the honour to call upon me on the 9th instant, and I cannot doubt that they will have repeated what I said to your Imperial Highness. I had already, on the 8th September informed his Lordship of your Imperial Highness's written promise regarding the safe conduct to and from the Yunnan frontier, of the mission of inquiry I was waiting to despatch, or of a mission from India, should the Government of India see fit to send one. In my telegram I referred to this promise. I added that, on the 28th September, there had been issued an Imperial Decree on the subject of intercourse between Foreign Ministers and the heads of State Departments, which, with the memorial of the Tsung-li Yamfen on the same subject, had appeared in the Peking " Gazette." 1 stated further that Mr. Hart,, the Inspector General of Customs, had been instructed to prepare a report upon the taxation of foreign trade, and that a Chinese oflEicer, when the time arrived, would be appointed to confer with an officer of the British Government, in order to the regulation of the trade between Yunnan and British Burma. I added at the same time that I had engaged that no British officer would be sent to Yiinnan for the above purpose, until the inquiry, at which Mr. Grosvenor is pro- ceeding to the province to assist, was over. Lastly, I informed his Lordship of the pubhcation of the Memorial and Decree of the 10th instant, upon the passport question, in which allusion was made to the murder of Mr. Margary, and the special appointment of the Governor-General Li, for an investigation into the circumstances of this atrocity. Mr. Grosvenor and his mission would now proceed immediately to Yunnan. In a telegram received this afternoon. Lord Derby informed me that in claiming what has thus been conceded, my conduct is entirely approved by Her Majesty's Government ; that the guarantees agreed to appear to Her Majesty's Government satisfactory, inasmuch as that, if these condiiions be faithfully carried out, they will show a willingness on the part of the Imperial Government to atone for the injury done to a friendly power, while they will at the same time insure a better state of relations between England and China for the future. I am instructed by Lord Derby to communicate the opinion of Her Majesty's Government, as above expressed, to your Iniperial Highness. I am further to state that Her Majesty's Government will watch attentively the manner in which the engagements now entered into by the Chinese Government are carried out, and that the re-establishment of a good understanding will depend on the fidelity with which its promises are performed. I avail, &c. (Signed) THOMAS FRANCIS WADE. No. 64. Mr. Wade to the Earl of Derby. — {Received December 12.) My Lord, Shanghae, October 27, 1875. IN my telegram of the 25th instant, I informed your Lordship that I had attached Mr. Davenport to Mr. Grosvenor's Mission. 1 have the honour to inclose copy of my 101 instructions to Mr. Davenport. He is one of the few members of the service who have studied law con amore, and I believe that, in the work of collecting and examining evidence, liis experience as Assessor of the Mixed Court at this port will make him specially useful. 1 had originally contemplated putting a Consular Officer at the head of the Mission to Yunnan, and Mr. Davenport was the officer I should have selected. I changed my purpose only because I thought the duty one which should properly devolve upon a Secretary of Legation, especially a Legation with so strong a Diplomatic staff as ray own. I have, &c. (Signed) THOMAS FRANCIS WADE. P.S. — Mr. Davenport has had but a week to get ready, and it is due to him to state that no one could have lost less time in making preparation for so long a journey. T. F. W. Inclosure in No. 64. Mr. Wade to Mr. Davenport. Sir, Shanghae, October 22, 1875. IT is my desire that you should proceed at once to Yiiniian, as a member of the Mission which, as you are aware, is about to start for that province, for the purpose of being present at an investigation of the circumstances attendant on the attack on Colonel Browne's party, and the murder of Mr. Margary last February. The head of the Mission, as you are also aware, is the Honourable Thomas orosvenor, Second Secretary of Lega- tion. The chief authority in all matters is vested in Mr. Grosvenor, who is accompanied by Mr. Baber, a very competent interpreter. I have decided on attaching you to his mission, for reasons which I shall state below. From the reports supplied to the Government of India, and embodied in a despatch from me to the Prince of Kung, copy of which is in Mr. Grosvenor's hands, there is the strongest reason for inferring that the attack on Colonel Browne's Mission was deliberately pianned and carried out by Chinese officials. The murder of Mr. Margary was to all appearance but a part of the outrage contemplated. It will be Mr. Grosvenor's charge to trace home both these acts to their instigators and perpetrators, — a task of great difficulty. It may too possibly happen that the conduct of the inquiry, in what we should consider judicial form, will prove impracticable; but, be this as it may, it has occurred to me that both in the collection and examination ot evidence, on which, whether it be produced in Court or not, conclusions more or less judicial in character will have to be based, your experience as Assessor in the Mixed Court here, your acquaintance with law, and your knowledge of Chinese, may make your assistance valuable to Mr, Grosvenor. He, I repeat, must be regarded as the head of the mission ; and should he have need of your services otherwise than in the direction above indicated, I feel confident that they will be i'reely rendered. Regarding your expenses or other details, I beg to refer you to Mr. Grosvenor, my instructions to whom on all points must also be your guide. (Signed) THOMAS FRANCIS WADE. No. 65. Mr. Wade to the Earl of Derby. — (Received December 12.) My Lord, Shanghae, October 27, 1875. MR. GROSVENOR, as my telegram of the 25th Instant will have informed your Lordship, started for Hankow upon the 24th. By the time his preparations are complete, Mr. Davenport will have joined him. I have the honour to inclose copy of my instructions to Mr. Grosvenor, and of a note I have addressed to the High Commissioner Li, which Mr. Grosvenor will deliver to his Excellency. I have, &c. (Signed) THOMAS FRANCIS WADE. 102, Inclosure 1 in,No. 65. Mr. Wade to Mr. Grosvenor. (Extract.) Shanghae, October 23, 1875: THE difficulties that had delayed the departure of your mission to Yiinnan haying been remoyed, I am enabled at last to give you your final instructions. In the first place, I have decided to reinforce your staff hy the addition of Mr. Davenport, Vice-Consul at this port. As Assessor of the Mixed Court here, Mr. Davenport has been long associated with the Chinese Magistrate Chen, who, as you are aware, has' been attached to the High Commissioner Li Han-chang, for the purpose of assisting him in the inquiry which you are deputed to watch. The Magistrate Chen is a man of limited capacity, but, his antecedents considered, I incline to view his appointment favourably rather than otherwise. In any case, Mr. Davenport's long acquaintance with him will be useful, while his experience as Assessor, his conversance with law, and his knowledge of the language, will make him a valuable coadjutor. I have, at the same time, as I have stated in my letter of instructions to him, every confidence that, should you have need of his services otherwise than in the direction indicated, they will be cheerfully rendered. It is not in my power to assign either Mr. Davenport or Mr. Baber a higher rate of salary than they are now receiving. It will rest entirely with the Secretary of State to decide hereafter, whether, while employed in the special service in which they are engaged,, special emoluments are to be allowed them. The expenses of all attached to the mission — officers, Chinese employes and servants — will be charged by you against a fund which I have placed in the hands of Mr. Medhurst, Her Majesty's Consul at this port. He has been authorized to draw for the use of your mission the sum of 10,000 dollars. The Chinese writer who goes with Mr. Baber and the servants of the mission, will be paid the wages laid down in the Memorandum appejided. I append also a Memorandum of papers in English and Chinese selected from correspondence relating to the Yunnan outrage, with other documents that may prove useful to you. You will also have with you fifty copies of the Treaty. I wish you to give these away to officials or lettered men, especially to those inhabiting out-of-the- way places. Many of these are ignorant of the very existence of the Treaties. You will find opportunities, I do not doubt, for attracting attention to the fact that Treaties do exist, and of presenting copies of ours, undemonstratively, to those who wish to receive them. Amongst the papers selected is a Memorandum of my instructions of the 7th August, 187 4t, to Mr. Margary, which, altough the circumstances of your mission are different, it may be of some advantage to consider. As to the line you are to take, I approve your selection of the Chung-kiing route, the more that your Chinese companion. Sung Pa-hua, has arranged that another mandarin is to meet you at Kuei-chou Eu. You will spare no pains, I am satisfied, to reach the provincial capital of Yunnan with the least possible loss of time. On your arrival there, you will, of course, put yourself in commurdcation with the High Commissioner Li. I inclose a letter to him, the English text of which has been added to the papers before adverted to. According to the Grand Secretary Li, you will remember, the brother mandarin Li hsieh-t'ai has been for some time under arrest at Yiinnan Eu. It is to be expected, also, that other arrests will have been made, and that some person or persons will be ready for production as having been concerned in the murder of Mr. Margary. The character of the attack on Colonel Browne's party will probably be disputed. Notwithstanding all that has been stated in my despatch of the 20th August to the Prince of Kung, which, in effect, wiU be your brief, you must be prepared for a repetition of one or other version of the story that has been put forward at Peking — such as that the assailants were savages, whose cupidity was excited, or simple people who knew no better, or rebels disguised as Government troops. The Grand Secretary Li, you wiU recollect, contends that they were tuan lien militia, or train-band men. This it is ;not impossible that they were, and were the fact established, the responsibility of some authority or other would scarcely be les&i. than if they had been regulars of the provincial army. The irregularity of the force at the same time would in no way discredit the statements contained in the letters of the Burmese official cotton agents, which are the most important evidence implicating the Chinese Government. You will do well to keep yourself in reserve, and to allow Messrs. Davenport and Baber to attend at the trial or examination of the Chinese. The High Oommissioner will certainly not take more than a formal part in the proceedings, and this, probably, at their close. If conTictions be obtained, Mr. Baber should be deputed to see any sentence, such as of death or corporal punishment, which you may accept at first, carried into effect. No sentence to summary punishment wiU be passed, you may be stire, upon an official, should any be arraigned. If none be, you must be guided Further Correspondence respecting the Attack on the Indian Expedition to Western China, and the Murder of Mr. Mar- gary. No. 1. Consul Medhurst to the Earl of Derby. — (Received January 17.) (Telegraphic.) Shanghae, January 17, 1876, GROSVENOR party arrived at Chung King 30th December. Will leave again 3rd January.' All well. No. 2. Lord Tenterden to the Secretary to the Admiralty. Sir, Foreign Office, January 27, 1876. WITH reference to my letter of the 18th instant, I am directfid by the Earl of Derby to state to you, for the information of the Lords Commissioners of the Admiralty, that a telegram has been received from Her Majesty's Minister at Peking, suggesting, with reference to the negotiations which he is conducting with the Chinese Government, relative to the Yunnan outrage, the strong reinforcement of the naval forces on the China station. Sir T. Wade appears to consider that a demonstration of physical force" will strengthen his hands materially in the present posture of affairs, and I am therefore to request that in laying this letter before the Lords Commissioners of the Admiralty you will move their Lordships to favour Lord Derby with their opinion as to the feasibility of complying with Sir T. Wade's request, and with any observations which may occur to them in regard to it. I am, &c. (Signed) TENTERDEN. No. 3. Consul Medhurst to the Earl of Derby. — {Received January 31, 1876.) My Lord, Shanghae, December 15, 1875. HAVING been instructed by Her Majesty's Minister to keep your Lordship informed, both by telegram and letter, of the progress made by the mission to Yiinnan under the Honourable T. G. Grosvenor, I have the honour to submit the accompanying precis of two joui;nals received from Mr. Grosvenor, covering the period between the 17th November and the 1st December. I have, &c. (Signed) W. H. MEDHURST. [159/77J B Inclosure in No. 3. Extracts from Mr. Grosvenor's Private Journal. On the 17th November arrived at Tiao Kuan, 235 miles by river from Hankow. Up to the present everything has favoured our passage, and nothing can exceed the attenwon shown us by our escort, which consists of Sung pao hua, Liu (official deputy from Hankow), and two Chinese gun -boats. After twelve days of most prosperous iqurney we are_ wind-bound in the most desolate corner of Yangtsze. .This is our first check. Uur course from Hankow has led us through a flat uninteresting country, some of which as evidently flooded in summer; bat the greater part is under cultivation growmg much the same grkin and plants as the North of China, some of the second crop (buckwheat chieUyj being gathered in at this moment. About three days since our scenery improved as we wound round a range of not very high hills ; but we have left even that cheering prospect now, and shall not meet with anything more of interest till we get to the neighbourhood of I-Chang. when our scenery becomes very grand, if one is to trust previous chartists and explorers. The river still continues grand in its proportions, being more than halt-a- mile wide even up here. Its waters still remain as yellow as ever, but by dint of alum and filtering, we get clean water to wash in and drink. Once past the opening ot the Tung Ting Lake, the water way has a deserted look, for all the trading junks take to the lake by preference ; but we have determined to cast ourselves on the Yangtsze as a means of transport, as we want to get a gUmpse of Ssu-ch'uan on our way to Yunnan. November 18 finds us on our way again. We tracked slowly all_ the morning up the northern reach, and since then, as the river bends in a westerly direction, the wind has become favourable, and we are sailing away at a good rg,te, t ^ r November 24th. We have this day reached Sha-shih (sand mart), the great depot for Ssu-ch'uan junks. It is at this spot that goods are loaded for the more eastern and southern districts. We saw junks made fast to the shore uninterruptedly for nearly two miles around Sha-shih. As soon as we reached this place we made for a pagoda about half-a-mile further up stream, cHmbed up the inside, and took the best view we could of the surrounding country. The people were wonderfully civil and quiet. I was amazed at the way in which they submitted to being bullied by the Yam^n runners, who accompanied us on our stroll. We left Sha-shih on the morning of the 26th November under escort; a fresh gun- boat detached from thence to attend us as far as S-chang, one of the former gun-boats being sent on to prepare the way and hire boats for us at S-chang. We got into hilly country on the 27th November, when the weather became overcast. On the 28th it rained nearly all day. The crew were rather unwilling to work in the rain, but a little gentle pressure get them to work again, and we managed to make a little progress. It cleared up in the evening, and next day we had a most glorious bright sunshine, which enabled us to enjoy thoroughly the splendid scenery we now found ourselves in the midst of. Th© wind favoured us, and we made a very good day's journey. On the 30th we took a day's ramble among the hills on the right bank. We walked till 5 P.M., when we returned to our boats, which had kept pace with us. Towards 8 p.m. it clouded over, and rained till noon December 1. Our last night's resting place was, however, sufficiently near to S-chang to induce the boatmen to forget the rain, and at noon we reached this spot, which is a tolerable centre of junk trade, though by no means so large as Sha-shih. After breakfast we went on board the new junks destined to carry us to Chiing-Ching, We shall now have to divide our forces. Davenport and I take the most roomy junk, and Baber and the linguist take a rather smaller one. When we had completed our inspection we visited the town. The crowd was very eager to see us, but protected as we were by any amount of Yam&n runners and gun-boat men, a space was cleared for our progress. We walked round the walls of the town, which we estimated at two miles in circumference. The wall is not square but rather semi-circular, except where it fronts the river and follows a tolerably straight line. When we had walked round the walls we descended into the interior of the town and walked through its principal streets. We passed, many well-to-do shops, and some were stocked with foreign piece goods. The inhabitants in some of the streets had a prosperous, well-conditioned air about them, and some of the hongs and buildings we went by were well-built and tolerably clean looking. There was so much building outside the wall that it was .difficult to get a good view from it, but to all appearance the surrounding country on the left bank of the river is one mass of graves, and this being the only level ground in the neighbourhood, I do not quite see where a foreign Settlement is to grow up. t have asked for a Lekiti table, feitililar to the one furnished at Sha-shih. It will be useful for comparison if obtainable. , The characteristics of the river and its surrounding hills and plains are so well described in Blakiston and T. T. Cooper's books on the subject that there is nothing left to add on this head. I have received cards from several small officials, and the Chih-hsien has sent me some things to eat, of which I accepted a pair of foWlS, and sent the rest, back with the usual fee. The Senior Naval Officer of the place sent me his card in such grotesquely large characters that I sent it back to him, and told him he should have mine when he sent a proper .card, which in the course of a quarter of an hour he did. I hope to get on my way to the first Rapid to-morrow at noon, and intend sending these letters down by our former escort, which is to be reUeved here by two fresh gun- boats, and to return at once to Hankow. We are all well and cheerful, very much the better for our yesterday's hilly ramble. (Signed) T. G. GROSVENOR. S'Chang Fu, Decemler 1, 1875. No. 4. The Secretafy to the Admiralty to Lord Tenterden.-~~{Recewed February 2.) (Extract.) Admiralty, January 31, 1876. WITH reference to your letter of the 27th instant, relative to the state of affairs in China, and to the remarks of Her Majesty's Minister at Peking respecting the strength of Her Majesty's fleet in those waters, I am commanded by my tiOJPdS Comtnissioners of the Admiralty to request you will inform the Earl of Derby that there are five frigates (forming part of the detached squadron) now at Bombay, which could proceed to the China Station, if Her Majesty's Government are of opinion that eirc*umstances are of sufficient importance to require their being despatched thither; but these ships are at present under orders to proceed to England to refit, and have new boilers; and their Lordships are of opinion that it would be undesirable to forego this intention, except in case of urgency. No. 5. Mr, lAster to the Secfetary to the Admiraltyt (Extract.) Foreign Office, February 3, 1876. • I AM to state to you, for the information of the Lords Commissioners of the Admiralty, that since the date of Lord Tenterden's letter of the 27th ultimo, a further telegram has been received from Her Majesty's Minister at Peking reiterating his opinion that means of coercion should be at hand in the event of his negotiations with the Chinese Government taking an unfavourable turn, and I am, under these circumstances, to request that in laying this letter before their Lordships you will state to them that Lord Derby considers that in view of the renewed representations of Sir Thomas Wade, immediate steps should be taken to despatch reinforcements to the China seas, so as to convince the Chinese Government that Her Majesty's Government are determined to exact due reparation for the outrage committed in Yiinnan. No. 6i Th^ Becntary to the Admiralty to Mr. Lister. — (Reeeiaed February 5.) •Sir, Admiralty^ February 4, 1876. WITH reference to your letter of yesterday's date, in regard to the advisability of increasing the naval force in China, I am commanded by ray Lords Commissioners of the Admiralty to request you will inform the Earl of Derby that orders have been sent by telegraph to Bombay for Rear-Admiral Lambert to proceed to Hong Kong with the four frigates "Narcissus," "Newcastle," "Topaze," and " Immortaht^," after completing the ships with stores and provisions^ [159] B 2 2. The Rear-Admiral has also been directed to call at Singapore, and report his arrival there by telegraph, awaiting further orders. I am, &c. (Signed) ROBERT HALC. No. 7. The Earl of Derby to Sir T. Wade. Sir, ^ Foreign Office, February 9, 1876. I REFERRED to the Lords Commissioners of the Admiralty your telegrams of the 5th and 16th ultimo, suggesting, with reference to the present state of your negotiations with the Chinese Government, the advisability of reinforcing the British naval force in China waters, and I have now to inform you that their Lordships have sent orders by telegraph to Bombay for Rear-Admiral Lambert to proceed to Hong Kong with the four frigates " Narcissus," " Newcastle," " Topaze," and " ImraortaliteV after completing the ships with stores and provisions. The Rear-Admiral has also been directed to call at Singapore and report his arrival there by telegraph, awaiting further orders. I am, &c. (Signed) DERBY. No. 8. Sir T. Wade to the Earl of Derby. — (Received February 1 0.) (Telegraphic.) Peking, January 26, 1876. A FURTHER Memorial and Decree have appeared in the " Peking Gazette " on the subject of the Momein outrage. The former allegation that bad characters murdered our Interpreter is repeated by High Commissioners ; but they state that there is ground for supposing that Li Sieh Tai took part in the opposition to the entry of foreigners ; but that Li did not assist at the murder, and that no soldiers were implicated. By Decree Li is degraded and put on his trial. No. 9. Sir T. Wade to the Earl of Derby, — {Received March 1.) (Tfelegraphic.) Peking February 16, 1876. A POLITE letter from High Commissioner Li, dated the 29th ultimo, was received by me yesterday. He professes to have caught the actual culprits ; but he engages that, according to my demand, before the infliction of any punishment, reports on both sides shall be taken into consideration by me with the Yamen. My Secretary was shortly expected by him. On the return of the Secretary, he was to be escorted safely by whatever route he might select out of the Province. No. 10. Mf. Wade to the Earl of Derby.-— (Received February 27, 1876.) (Extract.) Peking, December 15 1875. AS my telegram will have informed your Lordship, on my arrival at Tien-tsin I had had two mterviews is^ith the Grand Secretary Li. I called on him on the 23rd November and he returned the call on' the 24th. The Envoys designate, Kuo and Hsii, were with his Excellency when I met him at his Yaraen. The first left Tien-tsin for Peking the dav after my visit. The second accompanied the Grand Secretary to the Consulate, and paid me a separate visit on the 24th. His object was to exonerate Ts'^n, the Acting Governor-General of Yunnan and Kuei-chow, of all but the formal blame attaching to a provincial Governor before Chinese law when something has gone wrong in his province, whether he could have prevented it or not ; and he hinted that a loss of three steps, without dismissal from his post, was the kind of penalty to which the Acting Governor-General might be liable. I told him that, with all the circumstances known to us, we should require to have it shown that no part of the mischief done was due to his Excellency Ts'en's orders. He admitted that if orders had been given which led to the death of Mr. Margary, Ts'fen would r y undoubtedly deserve death; but he was confident that no such orders had been given. At -r^ the same time he professed absolute ignorance of the facts established by the provincial Government, without knowledge of which, I had continued to repeat, it would not be possible for me to say what degree of reparation we might decide on claiming. If Iknew the precise truth, I had said, it might be possible that no life need be taken ; because, according to our civilization, what we seek in punishment is not retribution, but prevention of crime. This was the sum of what passed between us in our two interviews upon the subject of punishment. 1 urged, however, that whatever might be the upshot of the inquiry Mr. Grosvenor had been despatched to institute, the public, not of England alone, might be propitiated if the Chinese Government were to proceed spontaneously to perform the promises given to me last September. I did not propose myself to return to the charge, I said, except as regarded the Yunnan case, pure and simple. The Grand Secretary Li said that the promise given regarding taxation of trade was being fulfilled, as Mr. Hart was engaged in preparing the Report the Tsung-li Yam^n had directed him to make ; but that in the matter of intercourse between Ministers of the Yamen and foreign Representatives he was sure no step would be taken unless it was suggested from without. No. 11. Mr. Wade to the Earl of Derby. — Received February 27, 1876.) My Lord, Peking, December 15, 1875. TO resume the thread of my narrative, I have the honour to state that I reached Peking on the 29th November, and the first few days had been passed, as is usual in interchange of formal visits, when, to my astonishment, there appeared in the " Peking Gazette " of the 9th instant, a Decree acknowledging the " Memorial of Li Han-ch'ang and colleagues," reporting what seemed at first sight to be the conclusion of an inquiry into the Yiinnan affair. The Grand Secretary Li had assured me that his brother would not reach the capital of the Province until about 18th November, and that couriers took about twenty days to perform the journey thence to Peking. Having first dispatched two notes which I had had it in contemplation to send, — the one correcting certain errors of statement on my part, to which I shall refer elsewhere, the other requesting attention to reports received from India of the barbarous treatment of persons arrested at Momein, which I beg to inclose, — I wrote a third to inquire whether the Decree were authentic ; if it were, to request that the Memorial of his Excellency Li might be sent me, and that I might be informed who the colleague or colleagues were, that were referred to in the Decree. I inclose also copy of this note. I received the same day (the 10th instant) a note from the Prince of Kung, which may have crossed mine to His Imperial Highness, inclosing copies of Memorial and Decree. I inclose translation of the note and its inclosures, the authenticity of which was thus thoroughly vouched for, while the Memorial showed that one colleague at least, Sieh Huan by name, had been added to the Commission so far back as the 7th September. Sieh Huan was Taotai at Shanghae in 1856-58, later still Treasurer and Acting Governor of Kiang Su, and from 1863 to 1868 a Minister in the Tsung-li Yamfen. His unpopularity with his colleagues led to his retirement to Ssu Ch'uan, his native Province, ostensibly to take care of his aged parents, and he has hardly since been heard of. He was notoriously anti-foreign, and has been sent to Yiinnan, I am satisfied, simply for the purpose of being obstructive. Of course, this conviction did not entitle me to protest against his employment, if his Government saw fit to employ him, but I felt bound to express my surprise at the concealment of his nomination, ajid at the association with the Commission of the Acting Governor-General Ts'^n, whose name figured at the head of the published copy of the Memorial ; also at the extraordinary despatch with which the Commission had arrived at the decision as to facts submitted to the Throne. There were also some errors of state- 6 ment Itl thfe Mettaowal, which m&, in effect, but a reproduction bf the story originaily tbld by the officials who, according to the Priftce of Kung's note of the 31st July, had been sent to ManWVne to make investigation. There was a slight difference between the two reports, it is true. The averment that the attack on Colonel Browne and the murder of Mt. Margary were the acts of the savages is in part retained. It is added that the savages were leagued with outlaws, and that both took advantage of the excitement occasioned in the Momein counti'y by the rumour that we Wer6 bringing in troops, and the consequent levy of a volunteer force. _ I tendered my criticisms accordingly in another note upon the 1 2th instant. Copiy is inclosed. The Prince of Kung replied on the 13th, in a note, of which I inclose translation. His Iffiperial Highness argues that the instructions under which the ex- Vice-President Sieh (when brought up to Peking in 1863, he was made a Vice-President of one of the Six Boards) was directed to proceed to Yunnan, were issued in a form which it is not usual to Communicate or publish. This was the the excuse given for the non-publication of the Decree censuring the Acting Governor-General Ts'^n for his dilatoriness, which the Grand Secretary Li had assured me should be pubhshed, and which was formally communicated to me by the Prince himself. I was obliged, to my regret, to send the inclosed rejoinder to this reply, and lest I should hereafter be charged with conduct suCh as I had felt called oil to impugn, I wrote a separate short note to the effect that Mr. Vice-Consul Davenport had been attached to Mr. Grosvenor's Mission ; an incident that I had forgotten to mention to the Prince. This closes the correspondence regarding this most unhappy business tip to date. I shall submit some observations to your Lordahip upon the situation, as I now view it, in the following despatch. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 1 1 . Mr. Wade to the Prince of Kung. Sir, Peking, December 9, 1875. IN a comttttinication dated the 22nd of October, the Viceroy of India informs me that, according to reports received at Bhamo about the end of August by the Agent of the Indian Government there stationed, from Chinese traders frequenting Bhamo, the Momein authorities had been desired by the Provincial Government to arrest Mr. Margary's murderers, and that a Chinese, surnamed Li, and some slaves of the Kakhyen tribe had been accordingly arrested at Manwyne and brought to Momein ; that these men were not, however, the persons actually engaged in the murder of Mr. Margary, but substitutes. Later, a Chinese from Manwyne arrived with the news that these substitutes had had their fingers cut oS.- Reports of this kind have already found their way to England, and have naturally attracted attention. I do not here state that they are true or false, but I deem it my duty to bring to your Imperial Highness' notice the fact that they are current. The attack Of an armed force upon a party of gentlemen entering China under passports sealed by the Tsung-li Tam^n, independently of the treacherous murder of one of their number, as your Imperial Highness cannot fail to be aware, has excited the most serious misgivings in England. The Government and people are alike determined to insist on the punishment of the persons responsible for both outrages, not as an act bf retribu- tion, but in order that the security of British subjects in China may be more perfectly insured. When I was leaving Peking in the spring, I warned your Imperial Highness that the smallest appearance of a disposition to bar the way to free inqpiry would be very tinfavouraMy interpreted by Her Majesty's Goverfiment, and I feel bound to repeat this warning. A behef that' the evidence in this unfortunate case was being unfairly dealt with could not fail to be of the most serious consequence. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 2 in No, 11. Mr. Wade to the Prince of Kung. Sir, ' Peking, December 10, 1875. IN the manuscript edition of the "Gazette" of last evening, there appeared an Imperial Decree to-the effect that " Li Han-chang with his colleague (or colleagues) had sent up a general statement of the particulars of the murder of Ma-ehia-h', which they had been commanded by Decree to inquire into and take action upon, and now requested that the officials who had acted ill might be degraded and brought to trial. The murder of 'Ma-phia-h," continues the Decree, " had been inquired into by Li Han-ohang and his colleagues publicly and privately. The whole of the papers relating to the case had been brought up and examined by them, and they had deputed trusty officials to make strict investigation in a spirit of justice," The case referred to in the " Gazette," I cannot doubt, is the murder of Mr. Margary, the British interpreter attached to Colonel Browne's Mission ; but as it is but a few days since I was informed at Tien-tsin by the Grand Secretary Li that, according to letters received from his brother Li, Governor-General of Hu Kwang, his Excellency could not reach Yiinnan Fu before the .20th of November, I venture to ask your Imperial Highness if the Decree published in the manuscript " Gazette "is an authentic paper. If it be, I shall be greatly obliged by communication of the Memorial referred to in the Decree at your Imperial Highness' earliest convenience. I have also to request your Imperial Highness to inform me who the colleague or colleagues may be that have been associated by Decree with his Excellency Li Hang-chang. The Decree commimicated to me in your Imperial Highness' despatch of the 24th June, njentioned no one but his Excellency. I shall have some further observations to submit to your Imperial Highness in due time. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 3 in No. 1 1 . The Prince of Kung to Mt". Wade. (Translation.) Peking, December 10, 1875. A MEMORIAL was received on the 9th instant from Li, Governor-General of Hu Kwang, commissioned to investigate affairs in Yunnan, and his coUegues, reporting a general outline of the result of their investigation into the murder of the official inter- preter, Mr. Mai'gary, and requesting that the officials who have failed in the due discbarge of their duty be stripped of their rank and placed on trial; and on the same day an Imperial Decree was respectfully received, Independently of the further communication which .shall be made when the Memorial reporting the conclusion qf the proc^ediags. from his Excellency H and his colleagues shall have been received, after the British officials to be present at the inquiry shall have reached the province, it is the Prinee's duty to forvyard a copy of the Memorial and Decree now received for the informa,tiQn of the British Minister. K.S., 1st year, Uth moon, 13th day. Memorial. (Translation.) Li Han-chang and his colleagues, looking upward, entreat the Sacred Gl9.nce on their Memorial, which they presjent to report the d^^tes of their arrival in Yunnan, with a general outline of the result of their joint deliberations, and to pray His Majesty to signify his pleasure that, as a preliminary step, the civil and military officials who have failed in the dne discharge of their duty, be stripped of their rank and placed on trial. _ They humbly represent that on the 26th of June the following Decree was received from His Majesty :— j v " A Decree has been issued this day appointiHg Li Han-ehang to proceed to Yunnan to inquire into certain matters. We command him to proceed with all dispatch to 8 Yunnan, and to act in concert with the Governor-General and the Governor, in judicially inquiring into and deciding,* in a spirit of fairness, the case of the murder of Ma-chia-li :" Also, that, on the 7th September, the following Decree was received : — "Let Wu T'angt convey notice to the ex- Vice-President Sieh HwanJ to proceed with all dispatch to Yiinnan, to assist Li Han-chang in the management of all he has to do, in order that an efficient coadjutor be supplied to him." Your servants, after having reverently reported their departure, proceeded thereupon, in obedience to their instructions, along the several stages of their journey. Your servant [Li] Han-chang arrived in Yiinnan on the 13th, and your servant [Sieh] Hwan on the 20th November, having examined [the subject] pubUcly, and instituted secret inquiries as they travelled along. After reaching the provincial capital they conferred with your servant [Ts'en] Yii-ying, of whom they verbally inquired the general features of the case, and caused to be brought before them all the documents constituting the record of the affair, upon which they have with all dispatch commissioned competent officials to arraign the prisoners charged with the crime of murder§ who have already been apprehended and brought up for trial,and to elicit by means of a vigorous investigation the actual facts, which shall be laid in a Memorial before the Throne; Prostrate, your servants have to state that, at the time when Ma-chia-li proceeded from Yiinnan to Burmah, being in possession of a passport from the Yam^n of Foreign Affairs, he was duly escorted in perfect safety from point to point through the districts he passed through. || The aforesaid foreigner^ and his companions afterwards came back from Burmah to Yunnan, between which there intervenes the territory inhabited by savages and the tribes (of the Shans). This region is habitually the resort of numbers of lawless offenders, who league themselves with the savages to plunder travellers. A multitude of rumours were at this time circulated among the notables** and people of T'eng-yiieh (Momein), stating that the foreigners were about to enter the country at the head of a large body of foreign soldiers ; and the said notables and people, having never had any experience of the conduct of foreign soldiery, apprehended that, on entering the district, they would treat them with oppression and ignominy, and they consequently assembled a force of local militia for the protection of their own persons and property. Lawless offenders hereupon, who with the savages were lying in wait for opportunities, took advantage of the occasion to commit robbery and murder, and thus brought on the affair. Although, when returning from Burmah, the aforesaid foreigner did not give notice beforehand to the local authorities to send an escort to meet him, yet, on the other hand, the Sub-Prefect of Teng-yfieh, Wu K'ialiang, showed himself incapable, at the time when the notables and people assembled their force of militia, to guard against the matter in its incipient stage, either, by means of persuasion or by coercive measures ; and when the disaster had taken place on the journey, months elapsed before any one was taken into custody, notwithstanding that stringent instructions were repeatedly dispatched by your servant [Ts'^n] Yu-ing commanding the apprehension of the guilty parties within a given time. Such delay in the effecting of arrests furnishes (or has furnished) the foreicrn Government (or, foreigners) with a plea for complaint. There has unquestionably been a failure in the due discharge of his duty. Tsiang Tsung-han, the Acting Brigadier-General of the T'^ng-yiieh command, who, while specially invested with the control-in-chief of this region of country, took absolutely no cognizance of the occurrence of so serious an affair, has hkewise rendered himself liable to punishment. Your servants deem it their duty to request a t)ecree ordaining that both the Sub-Prefect Wu K'i-liang and the Acting Brigadier-General Tsiang Tsung-han, be removed from their posts and provisionally stripped of their rank, and arraigned with the other parties for trial. If such facts should be ehcited as that troops were moved to stop [the party from Burmah], or that instigation * Lit., winding up, bringing to a conclusion. The expression used, "Kieh," is that which is cansecratpd by usage to the final termination of judicial proceedings. , t The Governor-General of SzeohVan. X A retired official. In 1858 he was Taotai at Shanghae, and, as such, engaged with Mr Lav in Tariff negotiations; subsequently Acting Governor of Kiang-su ; and, 1863, made a member of the Yara"fen of Foreign Afiairs. Since 1868 he has been in retirement in his native province, "icigu § }^ 9^686' " hiung fan," which may be translated as « criminals guilty of murder," or simnlv " mnr derers. No distinction is drawn, in Chinese judicial parlance, between a person accused by authoritv and m,I found guilty of a crime. •' ^ ""-^ II Instead of "through the districts." &c., the sentence may also be read "by the district officers " -ki tli« expression " ti fang," locahty or district, is occasionally used in the sense of the officers looallv in nower •ff In Chinese, "Kai yang jgn ttog," "the aforesaid foreign man and others with hijn." The exDressinn ;„ an official document, is hardly respectful. -ine expression, m ** The "notables" or "gentry" of a Chinese district are such among the resident population as are in possession of official or literary rank, acquired either by purchase or by competition and service TL^tVJi functionaries, livmg at their native places, constitute the leading element in this class. " '™" was given to commit the murder, the most rigorous proceedings shall be farther taken according to law. Your servants, having held consultation together on successive days, and being agreed in their views,, reverently present this Memorial, setting forth their conjoint state- ments, upon which they, prostrate, entreat the Sacred Glance and the instructions of your Majesties the Empresses and your Majesty the Emperor. They have to add that Liu yoh- chao, the Governor-General of Yunnan and Kweichow, has not yet returned to his post, and his name is consequently not appended to this Memorial. Extract from the "Pelting Gazette " of December 9, 1875. Decree on Yunnan Outrage. (Translation.) Li Han-chang and his colleagues have memorialized, reporting a general outline of their inquiry, undertaken in obedience to our Decree, into the murder of Ma-chia-li (Mr. Margary), and requesting that the officials who have failed in the due discharge of their duty, be stripped of their rank and placed on trial. In the case of the murder of Ma-chia-li, Li Han-chang and his colleagues, having both investigated the mater pubhcly, and instistuted secret inquiries, having caused all thie documents connected with it to be laid before them for examinat\on, and having deputed competent officers to conduct a judicial investigation in conformity with the principles of justice, report to us that on the road between Yunnan and Burmah there intervenes the territory occupied by savages and the tribes (of the Shan States), which has habitually been the resort of numerous robber bands. At the period in question the notables and people of T'^ng-yiieh (Momein) having heard that foreigners, at the head of a large number of foreign soldiers were about to enter the country, assembled on this account a body of train-bands (or local militia) for their own protection. On his journey from Yiinnan to Burmah Ma-chia-li, being provided with a passport, was duly escorted from point to point through the different districts, which he traversed in perfect safety. On [his] return at a later date from Burmah to Yunnan no notice was given to the local authorities to send an escort to meet [him], the consequence of which was that certain lawless oflFenders, lying in wait for opportunities, took advantage of the occasion to commit robbery and murder. This being the tenor [of the memorial, it appears that] at the time when the notables and people collected their force of militia, Wu K'i-liang, the sub-prefect of T'6ng-yueh, was incapable of guarding in time against what followed, either by the exercise of per- suasion or by the application of coercive measures, whilst after the disaster had taken place months went by before arrests of the guilty parties were made, notwithstanding that stringent orders were issued by Ts'^n Yii-ying commanding the apprehension of the criminals within a given time. He has unquestionably failed in the due discharge of his duty. Tsiang Tsung-han having, as acting Brigadier-General of the T'^hg-yiieh command, the chief control of this region, incumbent upon him, has equally rendered himself liable to punishment by his failure to take any cognizance whatever of the occurrence of an affair of so serious a nature. Let both Wu K'i-hang and Tsiang Tsung-han be removed from their posts, and be provisionally stripped of their official rank, and be brought to trial as parties to the case. If evidence of troops having been moved to oppose [the entrance of the party into China] or of instigation to commit the murder be elicited, let Li Han-chang and his colleagues thoroughly and strictly investigate the matter, in order that the demands of justice be faithfully carried out. Let there be no approach to favour or concealment. Let the Boards concerned take note. Inclosure 4 in No. 1 1 . Mr. Wade to the Prince of Kung. Sir, Peking, December 12, 1875. I AM in receipt of the note your Imperial Highness did me the honour to address me on the 10th instant, inclosing copies of the memorial of the Governor- General Li and his colleagues, and of the Imperial Decree issued in acknowledgment of it. The transmission of these papers by your Imperial Highness of course establishes their authenticity, and I shall forward translations of them to the Earl of Derby. I shall at the same time submit to his Lordship the following observations upon their contents. [159] C 10 Fi'om the memorial it would appear that the ex-Vice-Presideiit Sieh was commanded by Decree to associate himself with his Excellency Li so far back as thp 7th of Ssptember. The ex- Vice-President was known years ago to Her Majesty's Governmeilt as a high pro- vincial authority, and later as a member of the Tsung-li Yam^n, This fact gives to his appointment a special significance, and I cannot but be surprised that I should have received no earlier intimation of it. I have not been surprised at the appearance of the name of the Actiiig-Governor- General Ts'en as the colleague of their ExcfeUencies the Memorialists. The Acting- Governor-General Ts'cn is himself one of the parties accused of misconduct. He is charge- able before Chinese law, if with no graver offence, at least with neglect of precaution before the occurrence of the 22nd of February, and, after the event, with dilatoriness. His dilatoriness was censured from the Throne in a Decree communicated to me by your Imperial Highness in a note dated 29th August, and it was surely into his conduct as much as into that of his subordinates that the Goverftbr-General Li was commissioned to inquire. It is something new that a man in such a position should be joined with hi& judges in a report upon his own case. The rapidity With which their Excellencies Li and Sieh have been enabled to complete and forward their report, again, is also astonishing, and its publication at this juncture, after the strong objections advanced against such a course in the Tsung-li Yam^tt'S Memo- randum of the 22nd of August, inexplicable. Lastly, as to the matter of the Memorial itself, it is not the case that Mr. Mafgary was escorted to Burmah by the local authorities. His letter referred to in my note of the 27th March shows that two " wei yuen " were sent with him by the Acting Governbr- General from the capital as far as Yung-ch'ang Fu. Thence he found his way alone to MomeiU, and from Momein through Nan-tien to Manwyne, where he was received and entertained by Li-hsieh-t'ai. It is not either true that no notice was given of his return. The Governor of Yunnan knew from his passports and from the letters carried by him from the Yam^n, that he would return with the party he was sent to meet. He talked fully to Li-hsieh-t'ai on the subject, and before leaving Bhamo he w^rote on the 19th and 20th January to Li-hsieh-t'ai and the authorities at Momein to state that he was about to start. These are, however, inaccuracies of comparatively minor importance. The general account which their Excellencies Li, Sieh, and Ts'^n have forwarded is substantially the same as that submitted laSt summer to his Excellency Ts'^n by the Tsung-ping Yang and the Taotai Ch'^n, and communicated to me in your Imperial Highness' note of the 3 1st Of July. My reasons for declining to attach any value to the representations of these two officers are fully set forth in my notes of the 20th and 21st August, to which I beg to refer your Imperial Highness. With the evidence therein recorded, it is impossible for ine to regard the Memorial of the Governor-General Li and his colleagues otherwise than as a most unsatisfactory report. I should have been pleased to avoid this declaration, but I con- ceive it my duty to make it, and I cannot doubt that Her Majesty's Government will concur with me in the opinion I have expressed. I renew, &o. (Signed) THOMAS FRANCIS WADE. Inclosure 5 in No. 1 1 . The Prince of Kung to Mr. Wade. Sir, Peking, December 13, 1875. THE Prince has to acknowledge the British Minister's despatch of the 10th instant, requesting information on the appearance of a Decree relating to the inquiry into the murder of Mr. Margary, and, in reply, he begs to refer to his despatch of the 10th instant, in which he communicated to the British Minister a copy of the Memorial presented by the Commissioner Li and his colleagues, and of the Decree issued thereupon. With reference to the " colleagues " indicated in the manuscript copy of the Gazette he has to state that a Decree was issued last September, directing Wu T'ang (Governor- General of Szech'uan) to direct the ex-Vice-President Sieh Hwan to proceed at once to Yunnan to assist Li Han-chang in his mission. This was a Decree (confidentially) for- warded,* and, consequently, one such as the Yam6n of Foreign Affairs is not in the habit of communicating. * A diBtinction ig drawnbetween the « Shang yU " (Decrees) issued for public information, or to pubKcation of which there exists no objection, which the Gazette copyists are bound to publish, and the "K'iyij" or " T'ing K'i," Decrees forwarded under' cover Of a despatch irom the Grand Council, which, it is here implied n It has ftirthef t,Q h,p Q^SSl^vecJ that when a High Coiaraisaioner is appointed by the Chinese Government to institute an inquiry in any of the provinces, if the [eonfideritialj decree contains wording to the effect that he is to co-operate with the Governor-General and GQvevnQi^ of th§ province ppncerned, th? oflSeialsin question join in signing the report, the duty of drafting which, however, rests solely with the High Commissioner. The " colleagues " indicated in the manuscript copy of the Gazette are the Commissioner Li, the Commissioner Sieh, and his Excellency T§'(^n (the Governor of Yiinnan). This reply is accordingly forwarded tor the information of the British Minister. K. S., 1st year, Uth n\gan, I6ith day- loi^ksmi^g in No. U, Mr. W&d^ t^ iH Prince of Kmg- Sir, P-e'ki%§, December 15, 1875. I BM^ to aeki>Qwi?dge receipt of the tw^ n'ith its ^ocgmpaayiog "T*ing K'i," ia acknowledged by Li Kan-oha;ig under date of June 3?lh. . , [159] C 2 ]2 I inclose copy of the note I addressed to his Excellency Li, explaining my reasons for this decision. I renew, &c. (Signed) THOMAS FRANCIS WADE. No. 12. Mr. Wade to the Earl of Derby.— {Received February 27, 1876.) (Extract.) Peking, December 15, 1875. AS my telegram implies, it may be that, notwithstanding the unsatisfactory character of the Memorial and Decree just published, the Chinese Government has not absolutely made up its mind to declare the case closed by the, to my mind, ridiculous report received from the High Commissioner, Li Han-ch'ang, and his colleagues. For any amount of duplicity and puerility we must be prepared. Still the closing paragraph contains a hint that the Memorialists are not going to ignore altogether what is really the gravest count in my indictment, namely, that troops were moved and murder instigated by official authority. It is quite possible that both documents were prepared, or at least retouched, in Peking. Their precipitate publication I attribute to an intention to make me understand that, of any very serious offence, the Acting Governor- General Ts'fin, and the General Yang, now Acting T'i-tu of Yiinnan, Commander .in-chief, that is, of the provincial army, wil] certainly not be convicted. Both, however, may be made to lose steps, and be formally censured by decree. The two officials of the Momein country will most probably be transported, and, besides a life for a life (the life of Mr. Margary), punishment in a lesser degree of unimportant persons will be largely conceded. As to justice being done, in our sense of the word, as my corres- pondence from the first will have shown, I have never been so sanguine as to assume that it would be. More, although, as a matter of principle, I imperatively insisted upon the admission of British agents to watch the proceedings, I have never even thought it probable that we should establish the guilt of the really culpable in such wise as to justify us in affirming that we had " secured a conviction." Were it not for the fact that the Chinese authorities unhesitatingly admit that Mr. Margary was murdered, we have as yet nothing but the letters and depositions of certain Burmese to appeal to as evidence of the atrocity, and canvassed as these questions are canvassed in England, I have naturally felt the embarrassment of urging upon the Chinese as incontestable a storj', which, at the Old Bailey, would possibly be held to be but imperfectly supported. Of course, I thoroughly believe all that I have advanced. My indictment of the 20th August, forwarded to your Lordship in my despatch of the 26th of August, was, I need not say, very conscientiously prepared. But the utmost I have ventured to hope all along is this, that such an impression might be produced on the central Govern- ment as would compel it to exert its influence on the provinces in such a fashion as would secure foreigners against recurrence of the insults and outrages to which they are periodically exposed. I say this allowing that such matter of offence is not of very frequent recurrence, and that there is a pars altera, which a counsel for the defence might turn to very effective account. But when the offence does come, it comes in a form which, as a rule, puts a casus belli in the hand of the power aggrieved, and the Government's treatment of it is always such as seriously to aggravate the offence. The sum of my demands since March last has_ been, show, by better observance of the Treaties, that you have put away vour anti-foreign policy. Except the promise that the trade already existing between Yiinnan and British Burma should be put under regulation, and an indemnity, which I dropped almost as soon as I asked for it, I have pressed for nothing that was not within the Treaties and the accordance of which, were the Government well disposed or convinced of its responsibility, there could be no difficulty in granting. The whole question is divisible into two heads; improvement of diplomatic relations, and satisfaction of commercial rights The Chinese Government is making no sign with reference to the first, but I do not say that it will make iione. I shall keep clear of it, at all events, until the solution of the Yiinnan complication is nearer at hand. The taxation of trade I cannot look to hear anything of, until, in obedience to his instructions, Mr. Hart presents the report he is now engaged in preparing. I may be obliged to enter on a discussion of this question sooner than I desire, but I shall abstain from it as long as possible, it being essential now to make it plain that the Yiinnan outrage takes precedence of all other matters. The impression that, in respect of this we 13 are determined to be most uncompromising, will be of a certain value. The time is come, however, when the Chinese must be made distinctly to understand that if they trifle with us in this case, a severe chastisement will be inflicted upon the Government. To this understanding, what has fallen from me, or what I have been instructed to write, has not contributed more than a passing influence. Their long habituation to the near approach of dangers calculated to imperil the very existence of the Empire, has confirmed them in their constitutional immobility. They are besides confirmed in their unwillingness at all times to believe in the worst by their faith in luck, and the tone of our newspaper articles and speeches, which, even when they discover a determination perfectly intelfigible in England, to exact what is due to us in this instance, scarcely ever fail to enlarge upon our consideration for China, our interests in the country, and our consequent unwillingness to strike, produces among the Chinese but one effect. The weight of the few words that, taken alone, are more or less intimidatory, is entirely counter-balanced by the expressions of good will and sympathy which I am, as much as any man, delighted to think that we feel towards this nation. No. 13. Mr. Wade to the Earl of Derby. —(Received February 27, 1876.) My Lord, Peking, December 16, 1875. I HAVE reason to fear that my letter to Mr. Grosvenor on the torture of persons accused, which has been already forwarded to your Lordship, never reached him. I have sent him copies in triplicate, which Mr. Alabaster will try to transmit to him, one by the Government courier, the other two by private hands. I have at the same time modified my instructions regarding his return from Yunnan. I think it desirable that he should be out of Yiinnan as soon as possible, returning if he can by way of Burma. I inclose copy of my letter to him, also of a note which will accompany the copy sent by Government courier to Li Han-ch'ang. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 13. Mr. Wade to Mr. Grosvenor, Sir, Peking, December 14, 1875. BEFORE Mr. Davenport's departure from Shanghae I had some conversation with him regarding the possibility of torture being applied, to persons examined in the pro- ceedings you have been commissioned to watch, and I thereupon wrote you a letter of instructions which it was my intention should be sent to you when Mr. Davenport went up to Hankow. Finding that there is no note upon the draft to show that it was so sent, I fear that it may have been overlooked, and I accordingly take this opportunity of forwarding you a copy of it. V yK ^ ^ 7^ On my arrival at Tien-tsin I saw his Excellency Li Hung-ch'ang twice ; once at his Yamfen, and once at the Consulate. In conversation he tried hard to extract from me my opinion as to the minimum of satisfaction that would content the British Government, his chief object apparently being to make the best terms he could for the Acting Governor- General T'sin, whom, in effect, he did his best to exonerate altogether. My answer in sum was this : " If I am told the whole truth, though Mr. Margary's murder is beyond dispute, I do not say but that I may find a way by which not even one life need be demanded. From thestandpoint of our civilization we do not seek punishment in a spirit of vengeance, but in order to the prevention of a repetition of offences." His Excellency pressed me to name the way I thus implied I had in reserve, but this I declined to do until I should be in possession of such information as the Chinese Government might have to give me, and, as he professed to be without any himself, we got no farther. His brother, the Commissioner, he said, had not yet reached Yiinnan-fu, and could not reach it before the 18th November. I returned here on the 29th November, and upon the 9th instant was surprised by the issue of a Decree replying to a Memorial from their Excellencies, Li, Sieh, and T'sin, which Memorial was itself published the following day, and was to the effect that the H Commissioner Li had arrived on the 13th Novembey^ and th^ CpnRPi.iasioner gieh Qii the 20th. Tiiey had conferred with the Acting Gpvernor'Q^neval Ts^^n, and the result was a joint report. Mr. Margary, they represented, being provided with a passport fran\ the Tsun^-U Yarnfen, had been escorted safely from Yiinnan into Bnrma. When returning, he. gave no notice of his coming, and the notables and peqple of the Momein jurisdiction, being alarmed by rumours that foreigners were coming wto the country with a large army, called out a volunteer force for their protection. This state of things gave their opportn- nity to the outlaws who frequent the border-land inhabited by sa.y?tge tribes, and, in league with some of these, they did acts of robbery and naurder. The T'nng-pan, named Wu, being the civil authority^ and the T^ung-ping Ch^Wg, chief military authority in the !Momein jurisdiction^? were to blg,ine — the first for not stopping the enrolment of miUtia by advice or exercise of power \ the second for his. indifference. The Commissioners recommend the suspension and trial of these officials i also a searching inquiry to ascertain whether troops had been moved or p;iurder iR^.tiptedv From your acquaintance with the facts as exposed in my note to the Prince of Kung under date the 20th August, you will under-stand that this story, which is little more than a repetition of the report of Yang-tsung-piqg, and Ch^n Taoutae, communicated to me by the Prince of Kung on the 30th of July last, is not a story that I am likely to accept. There are, at the same time, other circunf^stances calculated to confirm my misgiving that the Chinese Government is disposed to act with even less fairness than I had anticipated. The Commissioner Sieh, formerly in the Yam^n, was added to the Commission by a Decree of the 7th of September. This was never communicated to me, and the reasons given for its non-communication are excuses of the well-known order. Tt^e Commissioner Sieh is notoriously a most anti-foreign Chinese. I made his acquaintance first in 1854. He was in 1858-60 Taoutae at Shanghae, and in ^863-68 a Minister of the Tsung-li Yana^n. He will hardly fail to attempt to play the bully. Caution and temper are, therefore, doubly necessary in dealing with him and his colleagues. This letter will, I trust, reach you by a private hand, but I have written also to you by an official courier, and should the copy he carries ever be delivered to you, you will note that the matter marked off above by asterisks, as below, has been omitted in it, but that the instructions which follpw ha,ve been retained in it. * '*''* * * % Should it have come to. yaur knowledge atherwise, before this reaches you, that the Memorial of the High Commissioner Li, the ex- Vice- President Sieh, and the acting Governor- Gerieral Ts'^n has been published in Peking, I shall be glad to learn that you have avoided all spontaneous allusion to it, but that if it has been brought by any of these high officials to your knowledge, you have limited yourself to requiring that statement so completely at variance with those contained in the Burmese letters and dispositions in our possession, be substantial for my information. If it be urged, as it probably will be, that the witnesses, on whose testimony tl^e report is based, are at Mpmein or Manwyne, that is simply an a fortiori reason for your proceeding to those places, a visit which is enjoined in youi- instructions, and you will make your stay at Yiinhan-fu as short a,s possible. If a respectable number of witnesses be produced at that city, you will of course instruct your deputies to hear what they have to say. Should their evidence be greatly at variance iyitli; that in our hands, confine yourself to pointing out, briefly, the discr-epancy, and then, insisting always upon my iiy unction that no qne condemned in the proceedings' is to be put to death till the Tsung-li Yam^n and the Legation shall have jjeen communicated with • you will prepare a plain report, copy of ~ which, without deb.ate, you will request the High Commissioner to. forward me. You will at the same time request his Excellency to take steps to secure the safe passage of your whole party via Manwyne to the frontier, which you will cross as soon as you ascertain that an escprt from Bhamo is ready to meet vou. ' This is a modification of my original instructions,^ but I conceive that the circumstances of the case as now before me make the change preferable. * « * * » ^ You will understand from what has gone before that you are all to return vik Burma unless you find it absolutely impossible. * You will, of course, endeavour to forward me copy of yaur report by a private nanu. I am, &c. (Signed) THOMAS FRANCIS WADE. 15 Ihcldeure 2 in No. 13. Mr. Wade to his MxceUency Li ti(tn-chang. Peking, Decemler 15, ISfS. ME. WaDE presents his compliments to his Excellencj' Li. It is Mr. Waders wish that whether criminals arraigned before the triWnals of the Yunnan Government be officials or of the people, no one shall be punished until reference be made to the Central GoverniBent, and by Mr. Grosvenor to the British Legation. Mr. Wadfe has \Vrilten to inform Mr. GtosVenor that this is his desire, but being in some doubt whether his letter may not have failed to overtake Mr. Grosvenor, Mr Wade will be obliged to his Excellency Li to inform Mr. Grosvenor of the receipt of this note. That his intention may not be mist&kfett, Mr. Wadfe adds the English text of the note. Production of this will leave Mr. Grosvenor in no doubt as to its meaning. As it is also possible that Mv. Wade's former note may have failed to reach his EScellenCy, Mr. Wade adds a copy of it herewith. Nb; 14. Consul Medhurst to the Earl of Detby.-^{iieceii)ed February 27.) (Extmct.) Bhttnghae, January 13, 1876. I HAVE the honour to inform you that I have this day forwarded to your address, a lelegtam, as under : " Advices from Grosvenor dated l3th December. Had reached Kwei-chou-fu. All Well." Ko. 15. The Earl of Derby to Sir T. Wade. Sir, Eoreign Office, March 1, 1876. I HAVE received and laid before the Queen your despatch of the 15th of December, reporting what passed at the interviews with Kuo and Hsii, the newly-appointed Envoys to Great Britain, and 1 have to convey to you the approval of Her Majesty's Government of the language used by you ort the occasions in question. I am, &c. (Signed) DERBY. S"o. 16. The Earl of Derby to Sir T. Wade. Sir, Foreign. Office, March 1, 1876. I HAVE received and laid before the Queen your despatch of the 15th of December, together with its inclosures, on the subject of the inquiry in Yunnan into the circumstances attendant upon Mr. Margary'e murder ; and I have to convey to you the approval of Her Majesty's Government of the notes addressed by you to the Prince of Kung, copies of which you inclose. I am, &c. (Signed) DERBY. No. 17. Sir T. Wade to the Earl of Derby.— (Received March 13.) My Lord, Peking , January 7, 1876. IN my despatch of the 2l9t October 1 stated the circumstanoes under which it happened that I availed myself of Mr. Hart's services as an hitermediary at a critical juncture in my last negotiations regarding the guarantees 1 required to enable me to send Mr. Grosvenor to Yiinnan. 16 To put Mr. Hart in possession of the matter of which I conceived he would require to be exactly informed, I sent him on the morning of the 5th October a note and a memo- randum. Though very hastily prepared, the latter appears to me to present the case in a form that your Lordship may find useful, and T have, therefore, with Mr. Hart's permission, caused a copy of it to be taken; I beg to inclose copies of the two papers referred to. They would in some places have been clearer, had I had time to draft them. They were sent to Mr. Hart as they stand, unrevised. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 1 7. Sir T. Wade to Mr. Hart. My dear Hart, Peking, October 5, 1875. THE Prince has two subjects to write upon. They may be disposed of in one despatch or two, as he sees good. Regarding trade, I shall be satisfied if he says that, referring to my representations through Li Chung-t'ang when I was at Tien-tsin, and directly to himself, he has already promised in his despatch of the 22nd September, in general terms, that wrong shall be set right. As this does not appear to me to be suflSciently explicit, he now assures me that you have received (as you did receive on Saturday) instructions to report on the whole question of taxation of foreign trade, and to suggest such measures as you think v/ill legitimately develop foreign trade without injury to revenue. As to the frontier, he might state that, passports having been issued to enable an Indian Mission to enter Yunnan from the Burmese side, it was presumable that a fresh mission would be sent, and that when it was there would, of course, be no objection to the officer in charge conferring with an officer of corresponding rank on the subject of trade ; but that His Imperial Highness had assumed that no mission would be sent till the enquiry was terminated, and that he puts it to me whether this is not the most reasonable arrangement. The essential is the Decree. Yours truly, (Signed) THOMAS FRANCIS WADE. P.S.— I leave you a discretion, of course, T. F. W. Inclosure 2 in No. 17. Memorandum. THE Yaxatn must remember how I am situated, not as Mr. Wade, but as the Minister of England. There are two questions to which Her Majesty's Government is looking for satis- factory answers — 1. Will justice be really done in the Yunnan afikir ? 2. Is there reason to hope that the Chinese Government will so revise its policy as to secure its relations against the interruptions to which crimes like the Yunnan outrage, and even lesser violations of Treaty, expose them ? I had no object in what I advanced last March but the obtaining of such guarantees as would enable me to answer these two questions satisfactorily, and had I then withdrawn the Legation, Her Majesty's Government, I feel sure, would have approved my action. I accepted passports for an agent who should be present at the Yunnan enquiry, and I then waited for information from India. I received this in June, the Yam&n still declaring itself to know nothing except that ofiicers had been sent to the scene of Mr. Margary's murder. However, the Chinese Government did in June appoint a special Commissioner, a step the Yamfin had declared impossible in March, and I sent Mr. Grosvenor, the gentle- man I had named to assist in the enquiry, to visit him. Mr. Grosvenor returned to Shanghae on the 1 5th July. I had telegraphed to Her Majesty's Government that the appointment of a special 17 Commissioner was a good measure. On receiving Mr. Grosvenor's report of his visit I was obliged to telegraph that I was far from satisfied. The ill-impression produced on me by the Special Commissioner's language to Mr. Grosvenor was confirmed on my arrival at Tien-tsin on the 1st August. I had obtained a full account of what took place on the Yunnan frontier from Colonel Browne, the officer attacked, who had been sent from India to Shanghae to give me information. On my arrival at Tien-tsin I received a despatch, dated 31st July, from the Prince of Kung, to the effect that, according to the report of the Yunnan Government, Colonel Browne had been attacked by savages, who wanted to plunder his baggage. But the Grand Secretary Li informed me, almost at the same moment, that Colonel Browne's assailants were t'uan lien, train bands. His Excellency Ting declared that they were yii min wu chih, simple people who knew no better. Since my return to Peking I am given to understand that the Grand Secretary "Wensiang suggests that they were Mahometan rebels disguised as Chinese troops. Let the Yamen reflect what the effect in England will be of such explanations as these. But I have anticipated. After receiving the Prince of Kung's despatch of the 31st July I might have at once withdrawn. I am confident that my withdrawal would have been approved. I still endeavoured to obtain from the Chinese Government such guarantees as would authorize me to say to Her Majesty's Government that Mr.' Grosvenor would have fair play in Yiinnan. The guarantees I required again, with one exception, were after all but observance in part of Article IV of the Tfeaty of Tien-tsin, and a more perfect observance of the com- mercial clauses, difficulties pleaded in the way of such observance being to be obviated, if needful, by the expansion of the area of trade, in plain words, new ports. The exception was an agreement that if a new Indian Mission were sent, an officer of the Yiinnan establishment should be directed to consider with him the conditions of the trade now existing between British Burma and Yiinnan, with a view to its ultimate regulation ; no further step being taken until the Chinese oflScer had reported to his own Government, and the British officer to me. Thinking that his Excellency Li appeared to object to the proposed communication upon such a subject with an officer of the Indian Government, I offered to substitute Mr. Grosvenor for the Indian officer. My rea'son for urging this condition was two-fold. In the first place the Mission repulsed last February was sent for the very purpose of examining the conditions of this trade, and reporting to the Indian Government, within whose jurisdiction British Burma lies. Secondly, the repulse of the Indian Mission was, through the Government of India, a serious affront to the Government of England, and I looked to a formal promise, such as I asked for, as an acceptable form of amende. This is the explanation of my persistence in pressing the propositions laid before the Grand Secretary Li and the Tsung-li Yam^n. Of what I laid before the Grand Secretary Li scarcely anything was accorded that I can point to as answering the purpose I avowed. The intention of the Chinese Government to send missions abroad was known months ago, and it was impossible for me to assert that the mission of Kuo Sung-tao was a guarantee that the Yunnan inquiry would not be trifled with. On all other points it became so evident to me, after I 'arrived in Peking on the 12th September, that the Yam^n's purpose was not immediately to do anything, that on the 18th I gave the Prince of Kung formal notice that I should withdraw the Legation and Port communities, as I had told the Grand Secretary Li I would. I renewed the discussion notwithstanding until the 23rd, when, after a most unsatisfactory conference on the question of intercourse between foreign Ministers and the Chiefs of Departments, the only measure in satisfaction of the obligations of Article IV I had proposed, I decided to send Mr. Grosvenor to England, This should properly have closed my negotiations, but being led to suppose it possible, from what was said to Mr. Mayers on the 24th, that there was still an opening for ' accommodation, I reopened them on the 25th, premising this time that unless they could be favourably terminated by the evening of the 28th, they should not be prolonged. On the evening of the 28th I received from the Prince of Kung copies of the Decree and Memorial since published regarding intercourse. The Memorial I consider a most satisfactory paper. But I am still as far as ever from an answer to my other demands. They were still to be " talked over." That is to say they were just where they were at the beginning of August. Now, if with an affair like the Yiinnan affair on my hands I had been asking for the fulfilment of Article IV, or satisfaction of Treaty provisions affecting trade, as a sort of set-off against the outrage committed," my Government would have been very ill-pleased. ri59] D 18 1 did, not do this, In March I pressed, my propositions on the general ground that redress of griefs would be acceptable, and that the. manifestation of a determinatioa to improve relations would be looked on as a guarantee that the Yiinnan. affair would be; properly dealt with and the future secured. Since July l^st all I have sought is such a guarantee of the good faith of the Chinese Government as would justify me in saying that I do not send Mr. Grosvenor on a fool's errand. For if his mission. prove no more, the last end will be worse than the first. The Chinese Government has made one step that all men will approve, in publishing: the Memorial and Decree of the 28th September. But to my Government it will have lost much of its value as a guarantee, when I report all that has passed in eonfeBence- and correspondence since the 1 2th Sieptember. And now for the second' time since that date I have given notice of my intention to. withdraw. 1 had declared more than once, especially on the 29th, that if the_ propositions then under debate were not acceded to there must be in any fresh negotiation new pro- positions ; and I am certain that if I neither withdraw nor advance any fresh proposition, I shall be charged with, on the one hand, having led the Chinese Government to suppose that I was infirm of purpose ; on the other, and that is, more important, of having accepted as guarantees what, seeing how they have been conceded,, are hardly to.be con- sidered guarantees at all. I have yesterdiay, through Mr. Hart, put forward a proposition which, were it gjLven effect to, would undoubtedly do much to reassure the. public mind in England. The Chinese Government having manifestly misunderstood my suggestion, of measure* of the character of those heretofore proposed — measures having reference to the personal position of the British Minister, and the. rectification of the duty question ; measures,, in short, which may be categorised as materially advantageous^ I therefore asked for the publication of the Memorial and Decree communicated to me in a despatch, from the Prince of Kung while I was still at Tien-tsin. I am told that for formal reasons this is impossible. I am persuaded,, after a long, study of the " Picking Gazette," that it is not impossible. However, I have one, and. only one, alternative. Let, the Yamenpray this day a Decree to the effect that whereas the Treaties, autho- rise fbreigners to travel with passports, which are issued to them by their own officials, and countersigned by Chinese authorities,, it has been represented by the Tsung-li Yam^n that as this is not as widely known as it should be, and that untoward, events are sometimes, the consequence ; that last February, in Yunnan, a , party of British officers travelling under passport was attacked and, their interpreter murdered; that this a&ir is being, inquired into, a High Commissioner having been sent to preside, and that all China must take notice, &c. If there be a difficulty about such a Decree as this, if the Central Government is unwilling or unable to declare itself in, this sense, I cannot believe it willing or able to. do its; duty in Yunnan. I shall not feel at liberty to send Mr. Grosvenor to; Yunnan. He will, return to England, and; I shall at once withdraw, as I have said,, proceeding myself to Tien-tsin to-morrow to. warn the community. What is at this moment most discrediting the Chinese Government in connection, with this outrage, is that it has never ventured to allude, to it publicly,, and. such. a reference as I suggest is become indispensable. If the Yiamen is in earnest, it will let me have the papea^s I require by to-night: — 1 . A despatch on the taxation of trade. 2. A despatch on the Yiinnan frontier trade. 3. The Decree as above. I will make one concession on my side. On receipt of these three papers I will promise in writing that no mission to consider Yunnan trade relations shall be sent till the judicial affair is terminated. (Signed) THOMAS FRANCIS WADE. October 4, 1876. No. 18. Sir T. Wade to the Earl of Derby.— (Received March 13.) My Lord, Pekingi January 13, 1876. IN my despatch of the L5th December I had the honour to forward copiesfof two notes addressed by me. to the Prince of Kung. The Prince duly replied to bath, 19 taking exception to my criticisms. Nothing can be less satisfactory than the explanations of the contradictions I had pointed out, although I have let it be understood that I am seriously dissatisfied, I sent no answer to either of his Im,perial Highness's notes, and shall send none until after the arrival of the in-coming mail, now hourly expected. Translations of the notes are ready for transmission, but I shall reserve them until I have replied to the notes. The mail may possibly bring me telegrams from your Lordship, dispatched after receipt of the correspondence sent home with Mr. Edwardes. I have, &c. (Signed) THOMAS mANCIS WADE. No. 19. Sir T. Wade to the Earl of Derby. — {Received March 13.) My Lord, Peking, January 13, 1876. IN the last fortnight the two Envoys Designate and their friends have had several conversations with Mr. Hart, Mr. Mayers, Mr. HiUier, and myself, from which I am led to infer that the Chinese Government is, as I have telegraphed, alarmed at the manner in which I have received the Memorial and Decree relating to the Yunnan affair. The Government will not, however, surrender until it be fairly frightened into the conviction that we are not to be put off" with puerilities, and it will not, I fear, attain to this point until we are seen to be preparing, in the event of justice being refused us, to take the law into our own hands. My rejoinder to the Prince's notes will review the whole question. Memoranda of the conversations above referred to are ready for transmission to your Lordship, and I trust that the great difficulties of the situation will, with the information these papers will supply, be made sufficiently clear. 1 am asked, directly and indirectly, what it is that I require ; but, with the Chinese Government committed to the puerile falsehoods set forth in the objectionable Memorial and Decree, I can hardly give a plain answer to the question until I hear from Mr. Grosvenor how he has been received in Yiinnan, and with what explanation our charges against the Provincial Government have been met. I have, &c. (Signed) THOMAS FRANCIS WADE. No. 20. Consul Medhurst to the Earl of Derby. — {Received March 13.) My Lord, Shanghae, January 24, 1876. I HAVE the honour to inclose extracts from a private journal which I have this day received from the Honourable T. G. Grosvenor, and whidi I am transmitting to Her Majesty's Minister at Peking. I have, &c. (Signed) W. H. MEDHURST. Inclosure in No. 20. Esetracts from Mr. Grosvenor' s Private Journal. On the Yang-tsze, a few miles below Chung Ching Fu, December 80, 1875. I BEG to forward further extracts from my diary concerning the journey of the Mission from Kwei-chou-fu thus far. Whilst at Kwei we were very kindly received by the Roman Catholic missionaries. Kwei-chou-fu, it appears, is both an excise and Mkin station. The missionaries said that the officials collected more than 1,000,000 taels annually at this place,_ of which but 300,000 taels found their way into the Imperial Exchequer. Whilst on this subject it will be as well to mention that Sungpaohua was unable to obtain me a tariff" of " likin " at Kwei-chou-fu, but had sent me a message to explain the reason, which was that the authorities had received instructions to discontinue levying " hkin " on [159] D 2 20 foreign goods. I regret that this message was not delivered to me at Kwei-chou-fu, as I should have reported it in my last letter. Coal and tobacco, the former predominating, seem to be the staples of trade here. P^re Pons said good coal was obtainable in large quantities near Kwei-chou-fu. I must not fail to record the great civility shown the Mission by the Magistrate of Yun Yang Hsien. Some six miles below the town there are two rapids within a short distance one of the other. At the foot of the first we were met by a Yatnen runner, who stated that he was deputed by the Chih Hsien of Yun Yang to bring: chairs and horses to convey me and my suite overland to the head of the furthest rapid. I did not wish to land at the first rapid and was unable to do so at the second, as my junk was on the opposite side of the river to that on which the chairs and horses were. On reaching Yun Yang Hsien I found a very tidy landing stage erected ; a space roped off, in case I chose to land, and the Chih Hsien present waiting to receive us. On the 17th December, about half a day's journey below Wan Hsien, we came upon several parties of men engaged in gold washing. Baber ascertained from those engaged in the operation, who stated that they were not proprietors, but only labourers, that the net result of their work was equal to about 500 cash per diem. This species of industry extends at intervals from the neighbourhood of Wan Hsien down to Chung Ching. On Christmas day we first came across opium cultivation. We are off again to-morrow at twelve. Chung Ching is without doubt the great mart of this part of the world. There have been many failures here in the silk trade of late ; the overwhelming number of excise stations is the alleged cause. Mgr. Desfllches and P^re Vincot have shown us every civility possible, putting all their own means of information at my disposal, lending us newspapers and giving us all the geographical assistance in their power. No. 21. Lord Tenter den to the Secretary to the Admiralty. Sir, Foreign Office, March 15, 1876. I AM directed by the Earl of Derby to acknowledge the receipt of your letter, marked Immediate, of the 11th instant, and I am, in reply, to request that you will state to the Lords Commissioners of the Admiralty that his Lordship is of opinion that the detached squadron should proceed, as previously arranged, to Chinese waters, as the questions pending betv/een China and this country have not yet been satisfactorily adjusted. I am, &c. (Signed) TENTERDEN. No. 22. The Earl of Derby to Sir T. Wade. Sir, Foreign Office, March 16, 1876. • I HAVE received your despatch of the 7th of January, and I have to convey to you my approval of the letter addressed by you to Mr. Hart, as well as of the Memo- randurfl which accompanied it, copies of which you inclose, relative to Mr. Grosvenor's mission to Yunnan. I am, &c. (Signed) DERBY. No. 23. The Earl of Derby to Sir T. Wade. Sir, Foreign Office, March 17, 1876. I TRANSMIT herewith a new letter of credence which the Queen has addressed to the Emperor of China, accrediting you as Her Majesty's Envoy Extraordinary and 21 Minister Plenipotentiary, and I am to desire that you will deliver the same in the usual form. A copy of Her Majesty's letter is likewise inclosed. I am, &c. (Signed^ DERBY. No. 24. Consul Alabaster to the Earl of Derby. — (Received March 22.) My Lord, Hankow, January 14, 1876. T HAVE the honour to inclose copy of a despatch I have addressed Her Majesty's Minister informing him of the arrival of Mr. Grosvenor and party at Chung King. I have, &c. (Signed) CHAS. ALABASTER. Inclosure in No. 24. Consul Alabaster to Sir T. Wade. Sir, Hankow, January 13, 1876. I HAVE the honour to report the arrival of Mr. Grosvenor and party at Chung King on the 30th December ; they were to leave there on the 3rd January, and apparently were all in good health. I have not yet received Mr. Grosvenor's letters from Chung King, but he probably waited until his actual departure to despatch them. I have, &c. (Signed) CHAS. ALABASTER. No. 25. Sir T. Wade to the Earl of Derby. — {Received March 25.) My Lord, Peking, January 24, 1876. IN my telegram of the 20th instant I adverted to conversations with, Chinese of mark as having authorized my conclusion that without serious pressure we should obtain neither adequate reparation for the past nor security for the future ; and I stated my belief that, in the interest of their own country, some Chinese desired to see such pressure applied as would furnish the Government with an excuse for change, that is, for improve- ment. The conversations to which I refer have been in very few instances directly with myself, but they have been reported to me by persons on whose intelligence and accuracy I can thoroughly depend. The sum of the information I have derived from them may be briefly stated as follows : — The anti-foreign feeling in the country is, on the part of a large majority of the educated class, as violent as ever it was. It has indeed been stimulated by the efforts to introduce foreign inventions and education of a certain influential minority. The leading members of the Central Government, so far as there is one, are in a great degree anti- foreign, and where not altogether bigoted opponents of improvement, yet far too much in dread of the censure of the anti-foreign public openly to countenance innovation. In some particulars they are as bigoted opponents as any in the Empire. I have spoken of the Central Government above as a term of questionable exactness, for, although the Decrees of the Empresses Regent are not to be set at nought, there seems to be in reality no centre of authority competent to understand and direct the machinery of the State. The intelligence of the junior Regent, the Empress mother, is not denied, but there is also much heard of her frivolity, expensiveness, and violence of temper. The elder lady, the Empress Dowager proper, is a mild, uninfluential character. I have, &c. \ (Signed) THOMAS FRANCIS WADE. 22 No. 26. Sir T. Wade to the Earl af Derby..-^{Received March 25,) My Lord, Peking, January 25, 1876. I HAVE the honour to forward copies and translations of further correspondence with the Prince of Kung regarding the Tiinnan outrage. I do not propose for the moment to trouble your Lordship with observations upon these papers, the two first excepted. These are a series of evasion and contradictions which it will be my duty in due time to expose ; but I have not noticed them, specifically, to the Prince of Kung, and it will depend upon circumstances whether I do so or not. I shall possibly find means of letting His Imperial Highness understand that I am not deceived without direct coijamunication of the fact. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 26. The Prince of Kung to Sir T. Wade. (Translation.) Peking, December 17, 1875. THE Prince has to acknowledge the British Minister's despatch of the 12th instant, in which he comments upon the Memorial presented by the Governor-General Li and his colleagues with reference to the inquiry into the murder of Mr. Margary. In this despatch the British Minister expresses surprise at having received no notice of the appointment of the ex-Vice President Sieh Hwan as Commissioner, and equal astonish- ment at finding the name of the Acting Governor-General of Yunnan among the colleagues of the Governor-General Li as Commissioner for this inquiry. He observes that the rapidity with which the Governor-General Li and his colleagues have completed and forwarded their report is astonishing ; and, referring to strong objections urged against the publication of documents, before the conclusion of an inquiry, in the Memorandlim of Tsung-li Yam^n, dated the 22nd of August last, he remarks that the publication of the report at this juncture is inexplicable. He declares that the statements now made respecting the provision of escorts for Mr. Margary from point to point, and also respecting the failure to give notice beforehand on Mr. Margary's return from Yiinnan, are not in accordance with the actual facts, and, observing that the general account now presented is substantially the same with that submitted last summer by the Tsungping Yang, and Taotai Ch'^n Si-chen, he requests attention to his notes of the 20th and 21st August, in which he set forth his reasons for declining to attach any value to these representations. In reply, the Prince has to observe that, as regards the absence of a communication to announce the appointment of the ex-Vice-President Sieh as Commissioner, to assist the Governor-General Li on his mission, and also with reference to the appearance of the name of the Acting Governor-General Ts'^n as one of the parties to the report, he has already, in his note of the 13th instant, given circumstantial replies to the British Minister's observations. Touching the remark that the Acting Governor-General Ts'en has been censured by Decree for his dilatoriness, and that notwithstanding this fact he is found reporting upon a case in which he himself is one of the parties concerned, the Prince has to reply that, for the dilatoriness on the part of the Acting Governor-General Ts'en, censure has" already been expressed in an Imperial Decree ; and that what the Governor-General Li has been commissioned by His Majesty to inquire into is the Yiinnan case, properly so-called, not by any means a question as to dilatoriness of action on the part of the Acting Governor- General Ts'^n ; and, as the report now received is a statement in outline of the Yiinnan case itself, the Acting Governor- General Ts'^n is not a person whose name should not be appended to the document. In reply to the comment on the rapidity with which the report has been presented, and also with regard to its publication, it has to be observed that the Governor-General Li and his colleagues have certainly not been slow in transmitting the report now received from them. The reason is that when Chinese high ofiicers are the recipients of an Imperial mandate to undertake a commission of inquiry, it is the practice to despatch agents in advance, even before they themselves set out on their journey, to collect information secretly, whilst the Commissioners themselves proceed to make inquiries as they travel along. The Governor- General Li and those associated with him had, more- 2^ over, been warned by Deciee that " if they indulge in any dilatoriness the consequeiaees of so grave an ofFenee will be more than they will be capable to bear," and they con- sequently lost no time in forwarding a report in outline of the circumstances, as soon as they had reached the Province. In this report they state, besides, that they have, as they travelled along, held investigation, openly and also instituted secret inquiries. As regards the publication of the Report, the Memorial now received from the Governor-General Li and his colleagues is a document in which application is made that the Sub- Prefect and the Brigadier-General of T'eng-yiieh be provisionally stripped of their rank. Now, according to established regulation in China, it may, indeed, happen thai officers of inferior grades may be cashiered by decree without publication of the Imperial commands to this effect ; but the Brigadier-General and the other officer named are functionaries of comparatively high rank, and holding, moreover, substantive appoint- ments. In a case where officials are to be deprived of this rank, and arraigned before a Court for trial, publication is absolutely necessary, in order that the Departments con- cerned may be furnished with the information needful to guide their procedure,* This, also, is a case in which the Chinese constitutional system is concerned, and it is no wise at variance with what is said, in the Yamen's Memorandum) af the 22nd August respecting non-publication. Coming next to the. contradiction given to the statement that Mr. Margary was escorted from point to point by the district officials, and, farther, respecting his return journey, the Prince has to reply that, in the course of the year 1874, the Yamen of Foreign Affairs issued a passport to Mr. Margary, and likewise wrote^ to the high authorities of several provinces, including Yiinnan,. to render him all needful assistance. Without dwelling here upon the assistance which was, in fact, rendered to him at all points along his journey, it is only necessary to remark, in connection with the British Minister'a statement, that two officers were sent with him by the Acting Governor-General Ts'^n. That when, an officer of this high rank deputes an official to act as escort, notice is sent on, stage by stage, to every Prefect and district Magistrate along the line of route, each of whom is made acquainted witL the date of the traveller's arrival within his district, in order that he may carefully render such assistance as is required. Mr. Margary was by this means enabled to reach Burmali in safety, and it cannot be said that the authorities of Yunnan failed to exert themselves to provide him with effectual escort. In the note now under acknowledgment it is stated that,, after reaching Bhamo Mr. Margary wrote twice to inform Li. hsieh-t'ai and the Sub-Prefect of T'eng-yiieh that ha was about to start. The Yam^n of Foreign Affairs is not in a position to judge with reference to such qjiestions as whether Mr. Margary did or did not write to give notice to the- Ibcal authorities at T'lng-yiiehr; whether or no the letter written was received by the authorities the date at which escort& should have been sent by the said authorities, and the point to which they should have proceeded, to meet [the party] ; whether, although an intimation was sent to the effect that [Mr. Margary and. those with him] were about to set out on their journey back to Yiinnan;, any one was sent, on in advance at the time to give notice to the local authorities; whether Li hsieh-t'ai had or had not any authority to give instructions to the local authorities with respect to sending escorts forward ; and whether the; notes mentioned in the British Minister's despatch were or were not written to give noticfr that escorts should be provided, as also what were the circumstances under which the return journey in question was being made. It is, however, to be supposed that the declaration made by the Gov-ernoi-General Li and his colleagues, that notice was not sent to the local authorities to send an escort to meet the party on its arrival, is not an imaginary statement. With reference to the observation that the report now presented is substantially the same as that submitted last summer by the Tsung-ping Yang and the Taotai Ch'en, the British Minister's reasons for declining to attach any value to which are set forth in his notes of the 20th and 21st of August, to which he requests attention, the Prince would further reply thatv inasmuch as the Governor-General Li and his colleagues have received HisiMajesty's commands to institute, their present mission of inquiry, they will be certain (or it will, as a matter, of course, be their duty) to apply themselves with earnestness to the judicial investigation of the matter in hand. The case is one which concerns the foreign relations of the Chinese Government in the highest degree (or, the most important interests in the relations between China and a foreign power); and when the evidence,/ whether affirmative or negative, shall have been impartially dealt with, it will be possible to. arrive at a judicial issue. In the Prince's opinion, so soon as the British officers who have been sent to Yiinnan * i.e., the fixed' rules of State procedure. 24 to be present at the trial shall have reached the province, the Governor-General Li and his colleagues will assuredly be able to hold the trial in a spirit of justice, to the end that the truth may be arrived at. . Inasmuch, however, as the British Minister declares his opinion that he is unable to regard the Memorial of the Governor-General and his colleagues otherwise than as a most unsatisfactory document, the Prince will transmit in full to Yunnan the observations which the British Minister has advanced ; and he will communicate further with the British Minister, in reply, on receipt of a memorial and (or) despatches from the Governor-General and his colleagues. _ t> • • i. The present communication is now preliminarily sent fo^ the information of the British Minister. (Signed) W. F. MAYERS. Inclosure 2 in No. 26. The Prince of Kung to Sir T. Wade. (Translation.) PeUng, December 19, 1875. THE Prince has to acknowledge the receipt on the 15th instant of a note from the British Minister, in which he states that a distinction appears to be taken between the terms Shang Yii and Chi Yii. "In the Shang Yii of the 19th June" (continues the despatch under acknowledg- ment), " communicated to me in your Imperial Highness's note of the 24th of that month, the Governor- Generd Li was directed simply to proceed post to Yiinnan, to make inquiries and take action. In the joint memorial communicated to me on the 10th instant it is stated that on the 26th June there had been received from the Emperor a Shang Yii to the following effect : — " 'According to His Majesty's pleasure, this day signified, Li Han-chang is to proceed to Yiinnan to make inquiries and to take action. It is commanded that he hasten to Yiinnan, and, in concert with the Governor-General and Governor, make inquiry in a spirit of fairness into the murder of Margery.' " Thus it Would appear that there were the same day issued two Shang Yii, and that the first was communicated to me, while the second was not. The Imperial commands issued to his Excellency Wu T"ang on the 7th September were also, according to the same Memorial, conveyed in a Shang Yii. " I take this opportunity of requesting attention to a passage in the Tsung-li Yamen's Memorandum of the 22nd August, which should properly have been quoted in my note of the 12th instant, when I was speaking of the assumed obligation of his Excellency Li to report upon the dilatoriness of the Acting Governor-General Ts'en. ' It will be the duty of his Excellency Li ' (says the Memorandum) ' to ascertain whether or no the Governor- General and the Governor of Yunnan have been dilatory in their conduct, and to take action accordingly.' " With regard to the statement in the British Minister's Note that a distinction is taken between the terms " Shang Yii " and " Chi Yii," the Prince would observe that by the constitutional system of China, a " Shang Yii " may or may not be supplemented with a " Chi Y'ii." With " Shang Yii" a distinction is made between those which are or are not issued for publication, but a " Chi Yii " is never published. The " Shang Yii " which are published are invariably communicated, but the same course could not well be taken in regard to those which are not published. A copy of the " Shang Yd," reverently made, was sent to the British Minister in the Tsung-li- Yamfen's Note of the 24th June last, but it was a " Shang Yii " for publication which could lawfully be communicated, and accordingly, in writing to Her Majesty's Minister, this first decree was inclosed. The decree, which his Excellency Li and his colleagues mention having received on the 26th June, being a " Chi Yii " not for publication, could not lawfully be communi- cated, and hence it was that in writing to the British Minister the second decree was not inclosed. The British Minister further remarks on the Governor-General of Ssii Ch'uan having conveyed to the ex-Vice-President Sieh his orders to proceed to Yiinnan to take action. The despatch of the ex- Vice-President Sieh was due to a memorial praying that he be transferred thither. His Majesty having signified his approval, a "Chi Yii," com- manding that he be notified, was issued, and for this reason the Yam6n could not com- 25 municate Ihe fact to the British Minister. Moreover, after His Majesty's pleasure had been signified to the Imperial Commissioner, any memorials praying for the appointment of associates, or reporting the personnel of his staff, emanated from his Excellency alone. The British Minister calls attention to the passage in the Tsung-li Yam^n's memorandum, where it is stated that it will be the duty of his Excellency Li to ascertain whether or no the Governor-General and Governor of Yilnnaii have been dilatory in their conduct, and to take action accordingly. The present memorial of the Governor-General Li and his colleagues presents a general outline of the circumstances ; if, when these officers shall have reported, in a further memorial, the action taken by his Excellency Li, a decree for publication be received, the British Minister shall be duly informed. The same day another note was received from the British Minister, stating that in October last Mr. Vice-Consul Davenport had been directed to attach himself to Mr. Grosvenor's mission, and that Her Majesty's Minister had addressed a letter to that effect to the Governor- General Li. The Yam^n will write to inform his Excellency of the fact ; meanwhile, they beg to acknowledge the receipt of Her Majesty's Minister's note. Inclosure 3 in No. 26. Bir T. Wade to the Prince of Kung. Sir, Peking, January 15, 1876. I THINK it my duty to request your Imperial Highness's attention to a report in the papers received yesterday from Shanghae, to the effect that fourteen men had been sent up from the district where Mr. Margary was murdered to the prisons of the provincial capital. Two of them died on the road, the remaining twelve do not speak Chinese. It may be in your Imperial Highness's power to say whether any credit is to be attached to the above statement. I shall be obliged to your Imperial Highness to inform me whether any further representation regarding the attack on Colonel Browne's party or the murder of Mr. Margary has been received from the High Commissioner, Li Han-ch'ang, since the publi- cation of his memorial on the 9th December, I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 4 in No. 26. T%e Prince of Kung to Sir T. Wade. (Translation.) Peking, January 19, 1876. IN reply to the British Minister's despatch of the 15th instant, requesting information with reference to a statement received from Shanghae to the effect that a number of prisoners had been sent from the locality where Mr. Margary was murdered, to the prisons of the provincial capital, etc., the Prince has to state that whilst, with regard to the murder of Mr. Margary, the High Commissioner Li has been appointed by His Majesty's Decree to proceed to Yunnan and undertake aa investigation into the affair, it is the duty of the high provincial authorities to give orders for the arrest and transmission to the provincial capital of the criminals, as connected with the murder, steps should be taken to apprehend, to the end that on the arrival of the Imperial Commissioner they should be forthcoming to be placed on trial and judiciously dealt with. In October last a despatch was received from the Acting Governor Ts'^n, reporting the receipt of a state- ment to the following effect from the Sub-Prefect Wu K'i-liang : — " The nine murderers heretofore apprehended, on their examination being held, are all found to be savages (' Kakhyens '). Two of their number, named Lin Lan-kan and A Yung, have died in prison of the severe wounds they have received. The remaining nine (names given) continue to lie in the prison of the Sub-Prefecture (i.e., at Momein). From their confession it appears that the principals and accessories to the murder in this case number twenty-three all told. Nine having been taken into custody, and two killed in fight by the Government troops, twelve are still at large, for whose apprehension steps are proposed to be taken, in order that the entire body may be sent forward to the provincial capital together." [159J E 2§ Thg Abtih^ (SBVerrior.General furttier cite^ a despatch frb'rrl the Adtlfife dbrntfl^tidef- in-dhyir%Yii-k'o to the folio Wihg effect:— , , " ilEtVlhg dttained iiiforrriatibn that the criminals in question had Banded thfemselves together at, thb Yun Yen T'ung Shah (Cloud Precipice Cavern Mountain) Riiig iri rfear ot the Hii Sting Mountain, and that owing to the nature tif the grbund and the detlserless of thg jilngie, ttiiversed onlv by feteep and difficult paths^.it wobld be lio esSy.task td ettect their apprehension, the Acting Brigadier-General of T'eng-yiieh, Tsiarlg T§uhg-hail, ^As adaitibhaliy cbmtnissionfed to Undertake this tafek. Haviiig taken Uhder his bfders Lleute- tiant-Colohel Li Chk-kwbh,* and the CJhief of the Ts'ieh-^ai tfibfe*, ntoed Tiab Ymg-tlttgi he pl'bcefeded to effect the dkpture of the mdividuals iri qhestibri. He has Ubw repbrted that he reached, on the 1st Septembei-, the mouiltain ^bbve-iiaffied, where the crirnmalS df Whom ke was in pur§iiit had the audacity td offer resistance, and killfed ih the Struggle that eii^ued Brevet-Lleutehaht Itwoh Chu-pad and two men of the fbrce. tsiang tsung-hah led his troops iB person td hem in and attack [the desperaddes], &m despatched a picked fdrce of diderg and men of special daring, who, at daybfedk on the fhfarriih^ of September 2, availing themselves df ^oiiie felaxatidn in the vigildheg of the defenders, effected the ascent of the hill by lading hold of the creeping plants ^^^ith which it is overgrown, and hewed their way into the eaveru: The malefactors whom they were in search of dashed away, letting themselves down over the face of the cliff to effect their escape ; but four were killed bri the spot, ahd i^ight were taken prisoners. Two ponies which had been ridden by Ma-kia-li (Mr. Margary) j and plunder consisting in some forty or fifty articles of a miS6gllan6bu^ kind, were rgbdverfed. The prisoners having been convej'ed to T'Sng-yiieh, the Acting Commander-in-chief had given orders to the Suh-PreflSet, Wi-k*iliafig, Lieutenant-Colonel Li-ch^n-kwoh, and Colonel Ho Yao-t's^fig, Conirnahd^iit of the garrison of Yiih^-ch'ang, who had been specially appdiiited to expedite actib'n in the matter, td escdrt iri_ persoii the prisoners captured first and last, fliimbering, lifteeii in all, together with the ponies atid articles i-ecovered, to the prd- Vlnci^l C^Hitfelj They set out dii the ISth September frbni Momein on their way td the jirovindial capital to await further jjrdfceedihgs." It has to be observed that, when in receipt on a former occasion of a report frdiri Yiirtnan Mth reference td the Margary affair, cotnmiiriicatioh of its piirport was made to the British Mitiister', who replied, in a despatch received dn the 28th August,t to the effect thdt *' the transmission of sd idle an expktiatidii as that received from the Tsuhg- ping Yang and the Taotai Ch'^n is calculated td irripair atiy confideiice that might have been felt in the good faith of the tibiiiese Government;" observing further that " it is impossible fdf titie t8 dttach the srnallest credit to the report of these two officers ;" and again that the Prince, doubtless, intended the Report to be accepted " as credible, or it would not have been embodied in a, despatch." Such being the case,, all that tHe Yamlfi of B^dreign Affairs could do was to await the receipt of a Memorial and Report from his Excellency the Commissioner Li, and to communicate it for the Bflli§h Minister's iufdi-matioti, reeling it not to be expedient to trouble him with • the Reports forwarded by the Yunnan authorities themselves. Being no# ill refceipt df the dtiSpatbh under acknowledgmentj they forward the statdrnerits above giveh, A^ rfecelVed ih October' last. In t-espect df the ability of the prisoners to understand Chinese, br btHBl-iViig, the Yauien has nb hieans of forming all opiriibn. Ih v'epljf, fllrthei:ttibW, to thb question whether any further reports have been received fi'btn the High Cbratnifesionef, it hdS td bd stated thdt dli arriving in '5^iinnan, His Excel- lericy LI ttignidrialized, rec[ueSting a^ i preliminary Step that the officiS,ls whd had failed ih the due di§bhatgg df theh duty he stripped df their olHdial rank. This Mehiorial has already feglti cotniriutiicated to the Btitish Minister. Anything in reports that may subsequently be laid before the Throtie, which it is right should be brought to the krioWledge df the British Minister, Shall bfei cbhitnUnidated oflticialiy for his informatioii. Ihciosure 5 in No. 26. Sir T. Wade to the Prince of Kung. Sii^, , Peking, hmary 20, 1876. I^ Beg to ackndwledge the note which t hiad the honour to receive from your Imperial HightieSs last evening, in reply td mine of the 15th iiistarit. Takitlg it with your liiiperial Higbriess's earlier coiiimuiiicatioris of the 17th ahd * This, there is reason to believe, is the officer better known as Li hsieh-t'ai;— W, F. M; •|- N.B.— This despatch was dated the 2lst August, 1875, but did not reach the Yamen until the 28th. 27 i^th ©§cemb®P, I shall fpp the m^mmt epufine pyself tq the expression of my regret that a quBstipR pf tbp gravity of the YiinHan qutmge should be so differently appreciated by thp Chinese (Jpvernmpnt m^ my owr^ and ghpuld bp, to all appearance, so far removed from q. satisfactory gplHtion. I rjged hardly say tb^t this is not my last word upon the subject. Her Majesty's Government, your Imperial Highness may re§t agsured, is determined not only that justice shall be dppe in the present instaHce, but that the security of the future shall be amply guaranteed. I take the liberty of i?gfer4ng your Imperial Highness to the closing word^ of the t^legmm wbichj io acqprdajipe with the Earl of Derby's instructions, I communicated to your ImpP}?lal Highness in jny note of th@ 22nd of Octpber last. They are deserving of very geripus attention. I fgnew, &e, (ginned) THOMAS FRANCIS WADE. Inelosure 6 in No. 26. Sir T. Wade to the Prince of Kung. Sir, Peking, ^anufiry 24, 1876. ON the §Qnd of October last I had the hpnour to inform your Imperial Highness qf the reeeipt of a reply from the Earl of Derby to a telegram iri wbich J had summarized the negotiations with your Imperial Highness that had beep concluded before I left Peking on the lOtfa of Octpber. sGopies of the correspondence recording the coarse of those negotiations were forwarded to his Lordship by the hand of Mr. Edwardes, Second Secretary of Legation, aqd were by him delivered to Lord Derby on the 12th December. Having duly considered the papers ifl question, his Lordship has telegraphe4 to ine, in a message dated the 5th instant, tliat my conduct is approyed. He desires me furtfapr to state that the investigation in Yunnan is expected by Her Majesty's Gpvernment tp be a hand fide proeeeding, and carried out with vigour a^d earnestness; that Her Majesty's Government also looks for the performanpe of the pther engagements repprted by nae in tne same perrespondenee, as evidence of friendly spirit and straightforwardnes of purpose. My telegram reporting the pufjlicatjpn of the Decree and Memorial, communicated to me in your Imperial Highness's note pf the 10th pf Depembpr, reached "Shanghae only on the 3rd instant. Lord Derby had evidently not repeived it on the 5th' I renew, &c. (Signed) THOMAS FRANCIS WADE. ^o. 27. Bif T. Wade p,} the Earl qf Derby.— (^fiepeiped March 25.) My Lord, Peking, Januaify 26, 187i6." I H-4VJE the honour to inclose ^translations pf a Memorial fronj the High Coir^fTjis- sioner Li-Han-ch'ang, and his ppllpagi4e Sjeh Huan, reporting |;Jiat thecp i§ rejasor^ tp ^usppcf U Li-hsieh-t'ai of being prime mover in tl^e ppppsitj,op tp our pnlry into Yiinn^p, qn4 of thp f Imperial Decrep iri reply. Both haye appe,ave(i in the manuscript edition pf |:he '' Pel^ipg Gazette," but they have not ypt been cpnimijnicated tp jnp by the Pfipce of I$.nng. I have &c. (Signed)' ' ' ' THOMAS FMNQI^ WADE, Inelosure in No. 27. Memorial and Decree on YUnnan Affair, published at Peking, January 24 and 25, 1876. LT-HAN-CHANG, Governor- General of Hu Kwang, Imperial Commissioner for an Ipqpijyin Yunnan; and Sieh Hwan, ex -Vice-President of a Boaid, Imperial Goiijmissiqner Adjoint for an Inquiry in Yiinnan, qn their knees represent that a clugihas befg pbtained by investigation to the fact that an officerj lately holding an acting'ap^oihtraent as P3,nifcajn djd [159J E 2 ' 28 lay a plan for opposing the entry of foreigners into the country, and to request a Decree, in the first instance, stripping him of his rank, in order that he may be placed on trial. Your servants have to state that, on being placed in possession of the depositions taken from the prisoners guilty of the murder of Ma Kia-li (Mr. Margary), they appointed additional delegates in the persons of the Taotai T'ing Sze-pin and the Prefect Tsiang Sih-hun, to co-operate with the Financial and Judicial Commissioners of the Province m subjecting the prisoners to rigorous examination. All that the prisoners confessed was that they had committed robbery [and that], owing to a foreigner, (or the foreigners) having discharged a pistol-shot which killed one of their accomplices named A Yung, they then and there resolved to resist apprehension, and murdered Ma Kia-li and his four attendants. They firmly refused, however, to confess who had been their instigator. Wu K'i-liang, for his part, also affirmed that he knew nothing of this aflFau-, and had no share in planning what took place. Li Ch^n-Kwoh returned the most absolute denial to the statements made in Wei T'o-ma's despatch,* and it was not until he had been n subjected to repeated cross-examination that he uttered a statement to the effect that ^ in ' the 12th moon of last year (January, 1875) the notables of the sub-Prefecture of T'eng- yiieh (Momein), on learning that foreigners were about to come forward at the head of a large body of troops, and fearing that they would commit disorders, raised a force of local train-bands for the protection of their own lives and property [of which he], had commu- nicated an intimation." f The circumstances thus indicated are sufficient in themselves to warrant suspicion ; and, coincidently, the Brigadier-General of the Sui-tsing command, Li Sheng, who was sent forward by your servant Li Han-chang, whilst on his journey, to proceed to T'eng-yiieh, and make inquiries there privately, having returned to the provincial capital, reports as follows: — "That the murder of Ma Kia-li came of the act of lawless offenders who offered resistance to capture for the commission of robbery, J and who secretly gathered together their confederates to obstruct the progress of the foreigners, and prevent them from entering the country. " [Farther] that, according to common report along the roads, all this was done by Li Chfen-Kwoh ; but that at the time Ma Kia-li was murdered, Li Ch6n-Kwoh was not on the spot, nor were any soldiers concerned in the affair." It appears from the correspondence forming part of the case, that in the 3rd moon ot this year (April 6th to May 4th, 1875), the Governor, your servant Ts'en Yii-ying, received a report from Li Ch^n-kwoh [forwarding] two official letters addsessed to him (Li) on separate occasions by the notables of T'ing-yiieh ; and, in this report, there unquestionably appears a statement on the part of Li Ch6n-kwoh that [he is] " faking vigorous and active pre- t/IJ cautionary measures with the view of stoutly defending the region under his care." Although Ts'en Yli-ying wrote commanding him to quiet the people, ai^d prevent any action on their part {lit. quiet, or appease and obstruct the people), and allow no unfounded alarm to spread, yet this was after the affair had already taken place, and it was too late. It appears from this, consequently, that although Li Ch^^kwoh had no in tention to ^ commit murder, he is liable to a charge of having laid plans to obstruct fthe Expedition ] ; and'your servants Eave~agreed, after "taking counsel together, that he should not be suffered to take advantage of his official rank as a cover for lying evasions, gaining time with false statements in dread of incurring punishment. They think it their duty to solicit a rescript, in the first instance, stripping of his rank Li Ch^n-kwoh, a Colonel by brevet, ^ on the list for immediate employment as Lieutenant-Colonel, late acting in the post of l/^ Cagtai]iXlQinniardant-jQ£ja£.NiinTJiep. [They propose to] bring him up together with Wu Ki-liang, the officer now already degraded from the rank of sub-Prefect, and to order Tsiang Tsung-hau, now already degraded from the rank of Brigadier-General, to be brought without a day's delay to the provincial capital, in order that they may be rigorously examined, as circumstances may require, to the end that the demands of justice may be fulfilled. They accordingly join with your servant Ts'^n Yii-ying, Governor and acting Governor-General, in laying this Memorial before the sacred glance of your Majesties the Empresses and your Majesty the Emperor. To the above Memorial the following Decree was issued on the 24th January 1876:— ^' * Mr. Wade's despatch of the 20th August, in which he stated what had beeh reported with reference to Li-hsieh-t'ai. t As in the Decree, the phrase is obscure, both as to the matter communicated, and the person com- municated with. J The original is so obscurely worded as to convey no definite idea of time, manner, place, or object of tne action indicated* 29 Li Han-ehang and his colleagues have memoriaUzed us requesting that an officer who has vacated the acting appointment of tu-sze (captain) be stripped of his official rank, and included among the number of the persons about to be arraigned for the purposes of a judicial enquiry. It has been deposed by Li Ch^n-kwoh,* lately acting as Captain in jcommand at Mantien, in the proceedings relating^ to the murder of Ma Kia-li, that the /notables^rfj^ T'eng-Yii eh (Mom ein) iurisdictioai having heard that foreign ers~were coming~in that~direction7^ the head of a large body of troops, collected train- bands for the protection of their persons and property ; [and that he] had communicated an inti- mation.! [Such being the statement made], it is most necessary that a searching investi- 'gatioialbe aX once instituted, in order to ascertain whether any further circumstances are involved. CWe command that Li Ch^n-kwoh be forthwith stripped of his rank, and handed over to Li Han-chang and his colleagues, to be arraigned together with Tsiang Tsung-hau and Wu K'i-liang, the Brigadier-General and Sub-Prefect heretofore degraded, and subjected as circumstances may render necessary to stringent judicial examination, in order that the demands of justice be fulfilledTl Let the 'Yamfen concerned take note. (Signed) W. F. MAYERS. No. 28. Sir T. Wade to the Earl of Derby. — (Received March 25.) My Lord, Peking, January 26, 1876. IT will be seen that when I brought the Yunnan outrage to the notice of the Chinese Government last March, an Imperial decree was issued directing Liu Yo-chao, Governor-General of Yiinnan and Kwei Chou, then absent on leave, to return to his post with all speed. This order, for reasons of his own, he did not obey, and he was in conse- quence deprived of his office on the 3rd December, and replaced by Liu Chang-yu, Governor of Kuang Si. The latter officer bears a very high character. He was Governor- General of the Two Kuang in 1862, and was translated, in time of need, to this province ; but, being poor and clean-handed, he did not long remain here. After his fall for some formal oflFence, he was reinstated as Governor of Kuang Si. I looked on his appointment at this crisis as of good omen in Yunnan. I have, &c. (Signed) THOMAS FRANCIS WADE. No. 29. Sir T. Wade to the Earl of Derby. -^(Received April 8.) My Lord, Peking, February 2, 1876. IN my despatch of the 26th January, I had the honour to forward translation of a Memorial and Decree upon the Yunnan affair, which had appeared in the manu- script edition of the " Peking Gazette." The printed edition generally contains the decrees the day after the manuscript has appeared. The memorials are not pubhshed in print for some ten days later. In cases like the present, the Prince of Rung communi- cates papers issued for publication in an official note. His Imperial Highness pursued this course in the present instance, and, as there are in the copy so communicated words that did not appear in the text from which the translation, forwarded to your Lordship, was made, I beg to inclose a second translation. The additions in the authenticated document do nothing to remove any objection to it as a most unsatisfactory paper. Nothing can be clearer than a Chinese official report, v/hen there is no purpose to be served by concealment or evasions. That authorities in the position of the high officers memorializing, should be after ten months no nearer the facts than they represent them- selves to be is, in China, simply incredible. Equally incredible is it that, ten months after an event which may possibly produce a rupture between England and China, the Central Government should have had transmitted to it no fuller information than that before us. I have, &c. (Signed) THOMAS FRANCIS WADE. * This is tlie officer better known as Li-hsieh-t'ai, or Leeseetahee. f The elliptical conciseness of the quotation leaves the'matter communicafed, and the recipient of the intimation, subject to doubt. 30 InclQSure I in No. Q9* The Prime of Kung |o Bir T. Wade. (TransHJon.) ^«^*'^^' Jmuary 27, 1876. THE Prince was on the point of replying to the British Mipigter'^ despatch Pt the 2Gth instant, wherein his attention is requested [to the closing words of the telegram com- municated to him on the 22nd October last], when, on the 24th instant, he received a second note from the British Minister, stating that he baii poromupicated to Her Majesty ^s ^ Government [the negotiations concluded with the Prince before the British Minister left Peking, oh the IQth October last], and adding that Lord Derby, when writing [hsd evidently not receiyed the British Minister's telegram • reporting the publication of the Decree and Memorial of the 9th December,] The Prince has made himself acquainted with the ponteotfi of these notes, and having now received from the Grand Council a memorial sHbpiitted by I.i Han-obang and his colleagues, praying that Li Ch^n-kwoh, lately holding an acting appointment as Captain, be stripped of his office and placed on his trial, and also the Imperial Decree [based thereon], the Prince deems it his duty to communicate to the British Minister a copy of the Decree reverently made, and a copy of the Memorial. Inclosure 2 in No. 29. Avf-efided Trq,ifi,^l{ition of Memorial relating to the Inquiry ir{, Yunfiffn* LI Han-phang, Governor-General of Hn Kwang, Imperial Commissioner fpr an inquiry in Yiinnan, and Sieh Hwan, px-Vice-President of a Board, Imperial Cppimis- sioner-adjoint for an inquiry in yiinnan, kneeling, represent that a clue has been obtained by an investigation to the faet tbaf an officer, lately holding an acting appointnienit as captain, did lay a plan for opposing the entry of foreigners intp the country, and requegt a Decree in the first instance, stripping him of his rank, in order that he niay be placed on trial. Your servants have to state that, on finding manifest falsehood? and sUBP^^ssions in the depositions taken from the prisoners gpilty of the murder of Ma Kia-li (Mr. Margary), and the depositions qf the mhprefect, Wu f^H-liang, and of Captain Li Chen-Kwoh, handed in hy themselves, they, on the one hand, commissioned the officials, ivho were placed by Decree upon their staff, to take measures for eliciting the actual facts, as they have reported in their Memorial dated the 1st, of the I2th Moon (November 28, 1875), and subsequently appointed additional delegates in the persons of the Taotai Ting Sze-pin and the Prefect, ^ihThiin, to coroperate with the Financial and Judicial Commissioners of the province in sfibjecting tbe prisoners to rigorous examination. All that the prisoners confessed was that'they bad cornmitted robbery, (and that) owing to a foreigner (or the foreigners) having discharged a pistol shot, wbich killed one of their acpompjiiGes nagaed A Yung, they then and there resplyed to resist apprehension, fin,d inurdpred Ma Ki^a-li and his four attendants. They firmly refused, however, to confess wbo had bpen tbeir instigator. Wu K.'i-liang, for his part, also affiriped that be neither knew aught pt the affair, nor had any share in planning what tpok place,. Li Chen-Kwoh returned t.be most absolute denial to the statements made in Wei T'o-ma's despatch,! and it was pot until he had beep subjected to repeated crpss-examinatipn tb^t be uttered a statenxept tp the effect thgt "in the 12th Mo^U of last year (January, 1875), tbe iiptables of the Sub-Prefecture of T'^ng-J'ueh (Motnein), on learning that foreigners were about to conap forward at the head pf a large body of troops, fipd fearing tbfit tbey would commit disorders, raised a force of local train-banris for the protection of thejf own lives and property, (of which they) bad communicated an intimation tp ,^jm. The circumstanpes thus indicated are sufficient in thpmseiyes tp w^pi'S'Rt suspicjpp ; and, coincidently, the Brigadier-General, Li Sb^Ug, pf the Sui-tsing ppmmand, who was sent forward by your servant, Li Han-phang, wlplst on hjs jqurney, tp prpceed JQ T'eng- * The translation forwarded to the Eafl of D^rhy in Sir T. Wade's No. 25 of January 25, 1876, was made from the version issued in the JVIS. copy of the " Peking jj^zette." On comparing this with the copy officially forwarded by the Prince of Kung in his despatch of the 27th January, the omission of an entire paragraph and several clerical errors have been discovered, rendering a fj-jesh tr^ijsJaiti.Qn »e,c^ess.a,r3r. A doubtful passage has also been submitted to the Ministers of the Yamen (or explanation. Corrections now made are shown in red ink [in italics]. t Mr. Wiiide's despatch pf tjip 20th August, in which he s).i^j*4 what had beep reported mik reference to Li-heieh-t'ai. 31 Ytieh ahd make Inquiries there pfiVately. having feturtied to the provincial c£ipital, reports As foUdWfe, viz., " that the ttiurder of Ma Kia-li CEltrie 6i the act of lawless offenders who bfffeted resistanfce to capture fdr the cothmission of rdbbery;* but thai, ixbcbrding to cdtofnfcin '\-ep6rt dVoh^ ihfi roci'dS; tlU secv'ei insti^dtioii of the Idwless s'dvag^s t'o obistract the progress of the foreigners and prevent them from entering the tiduntry was tM act of U Ch^h-Kmh; Md-, nme^h, at the Sftme time Mtl tCia-li was tnurdferedi Welis lidt on the spbt, fior wist-fe ahy sdldiers fcOticerrifed itl the dffair." It ap|jeariS frbm thfe cOrl-espon- deh^^ fdf raihfe pH Bf the me that^-^ — . [Frdtii this |)diflt otiWard. thfe iktt i!3 the S^niB in thd trince'S d^gpalfch tritH that ife§tied IH tm MahUSiiflpt G^zettej and no ^Itferdtibh of the tr-atifelatibn is tidbesSElry.] (SignSa) W. F. MAYBRS^ Chinese Sscrmrp No. 30^ Sir Ti Wade to the Earl of Derby.— ^{Reeeivfed ApHl 8.) My Lord, ^ ^ ., . , Peking, February 2, I^ HAVE the honour to inclose copy of a paper of instructions with which I desired Mri MayerSj the Chinese Secretary, to wait on the Ministers of the Yamen, upon the 30th Janiiaryj also copy of Mr. Mayfers's report of his interview with their Excellencies. . It is not worth while to follow thd Ministers, step by step^ through the series of fictionsj puerilities, and prevarications, with which they are used, as in this instance, to sustain a controversy. I knew when I sent Mr. Mayers to the Yam^n how little in the way of a practical result,- except, perhaps, as regarded Gorea, was to be looked fbr from the interview; The representations, however, sueh as T instructed him tp makcj I conceive it my duty not to. omit, and having made them, it is my duty to report them. It may be at least one day important to show that the Chinese Government was duly warned against repetition of a favourite manoeuvre, the publication, that is, without a word of notice to the foreign representative concerned, of a decision, which once pronounced^ it will plead fifty formal difficulties in the way of modifying. This was the course pursued in the instances to which rny instructions of the 30th January alludedj whatever the Ministers who received Mr. Mayers may affirm to the contrary ; and this, to a certain extent; is the course so far pursued in dealing with the Yunnan atrocity. By thfe first Memorial of the High Commissioners (see my despatch of the l.'ith December, 1875^ Inclosure 3), the^ Acting Governor-General, Ts'en Yii-ying, is intended to be cleared of the graver -charge of having authorized the at_tack on Colonel Browne, by the Memorial (inclosure in prfevibus despatch of this data) J Li Hsieh-taij though possibly io be convicted of Suggesting this atta'ck^is toJjeZHearedl of the murder, which it will be attempted t-cr fasteil on border savages whos asri;hey "00 not speak Chinese, cannot well be crdss- examined; . .,..„. Antibipation of the verdict, I admit, plats in question any judicial fairness,^ but, my own expfel'ience of dhingse officials apart, I know no Chinese, not officialj with whom 1 am in contaet, who Vietvs the prbeeedings in Yiinnan otherwise than I do. I have^ &c. (Signed) THOMAS FRANGIS WADE. P.Si — I beg to add eopy bf a note which I thought it well to write to the JPrince of Kdng when siending Mr. Mayers to the Yatnfen. t. F. W. IhSlbfeul^e 1 iii Nb. 30. MeMi-dndutm of IHiti^iiisHms td M^. January 30, 1876. MB. MAYERS Will take With liihi to the Y&iiiSh thb PHhce bf Ktitig's ndtb to me of the Sfth iristaht, in which Were ihfclb^gd copies bf thb last Mehidrial teceived from the High GdftihH'^Mdh§l* Li and hi^ CoUeagdbs, and df thfe Ihiperial Debree issued in reply on * The original is here so obscurely worded as to convey no definite idea of time, manner, place, or object of the action indicated. 32, the 24tb, also my reply to that note, of this date, also the correspondence between Mr. Medhurst and the Taotai F^ng, regarding the families of the Chinese murdered at the same time as Mr. Margary. Mr. Mayers will also have with him the Prince's despatch of the 4th March, 1872, inclosing copy of the Memorial from the Yam^n on the better observance of the Treaty. Mr. Mayers will request the Ministers who receive him to explain the meaning of the passage in which the words " t'upg hsin" (communicate intelligence) occur. What was the intelligence and to whom communicated, and he will take down in writing the explana- tion of their Excellencies. Mr. Mayers will hand to their Excellencies the note 1 have written to the Prince, in which I state that I do not propose to trouble His Imperial Highness at greater length at present, and he will draw attention to the words in which I have expressed myself to that effect. He will at the same time add that, while for the moment I purposely abstain from further discussion of the story sent up from Yiinnan, in respect of its credibility, I feel it my duty to remark on one or two particulars on the manner in which the intelligence from Yiinnan is now being presented by the Chinese Government to the people. After a silence of several months the Government is discovering a singular eagerness to publish the reports sent up from Yiinnan. These reports I have pointed out are by no means in accord with those I have received, the main portion of which I have communi- cated to the Chinese Government. On this, however, I repeat, I am not now about to dwell. The farther comparison of statements must be reserved until the investigation is nearer its conclusion. What is to be apprehended is this, that, as in the case of the Tien-tsin massacre of 1870, the issue of the Missionary Memorandum of 1871, the assault on myself in 1872, some document may be published to the world, or communicated to this Legation, as the last word of the Chinese Government, without any previous under- standing with the Minister directly interested. It is, in my opinion, my duty to warn the Chinese Government that such a proceeding, unless the solution announced were eminently satisfactory, would but comphcate a case the difficulties of which are, to all appearance, daily increasing. If explanation of the last sentence be asked for, Mr. Mayers is to say that he is not authorized to enter into discussion of the treatment of this question by the Chinese Government, but that, when giving him his instructions, I explained to him that my words referred to the dilatoriness of the Chinese Government's proceeding in the first instance, the transparent untruthfulness of the reports sent up, the contradictions in the correspondence relating to it since my return to Peking, and the apparent anxiety of the Government to stop my mouth with the precipitate publication of reports which no Chinese to whom I have shown them affects to believe ; to say nothing of the evidence in ray hands. Another point is, the mention of my own name in the last published Memorial. I am perfectly prepared to be referred to the Yamen's Memorial of the 26th September, a large part of which is devoted to demonstrating that foreigners have no concern with forms of language that appear in correspondence between the Emperor of China and his Ministers. If China is in reality going to establish Missions abroad, her Government will soon learn that it is not considered courteous for any Government, in papers published by authority, to speak of foreign Representatives as if they were coolies. In the Memorial presented by the Yam^n to the Throne in 1872, 1 objected, when the draft was shown to me, to the insertions of my name as "Wei To'ma," and it was withdrawn. I was spoken of as the Minister of the British Government. The words " British Government " ought not, as I have argued, to be placed in the body of the column, but the manner in which I am spoken of in the last Memorial of the Yiinnan High Commission is even more offensive. I have not thought fit, after all that has passed, to make allusion to this in the note this day sent in, but it is my duty to the Government of Her Majesty the Queen whose dignity is concerned when a slight is put upon her Representative, not to leave so manifest a discourtesy unnoticed. I wish to recall, for the recollection of the Yam^n, my intimation that Mr. Gros- venor and his party would return either by way of Birma or through China, as might prove convenient. I have received a telegram from the Indian Government to the effect that an escort will be ready to meet Mr. Grosvenor and his party at the boundary of Burma and China. I shall write to the Prince of Kung to request that the necessary instructions be given to the proper authorities in Yunnan on this subject. I shall at the same time forward a letter to Mr. Grosvenor, which I shall request may be transinitted to him with all speed. If not at Yiinnan by this date he should be there in a few days. 33 Inclosure 2 in No. 30. Memorandum of Interview with the Ministers of the Yamen, January 30, 1876. ON the Ministers' attention being drawn to the observations made respecting the course taken by the Chinese Government in its pubUcation of documents, &c., the Assistant Grand Secretary Sh6n demurred to the statement that in 1870, 1871, and 1872, Decrees or other documents (such as the Missionary Circular) had been published or circulated by the Chinese Government without reference to the opinion of the foreign Ministers concerned. In the Tien-tsin case M. de Rochechouart had been in direct com- munication with Tseng Kwo-fan. The Missionary Circular of 1871 was primarily addressed to the French Minister, who, indeed, agreed to much that it contained, and was com- municated to the British Minister at his request. It was never circulated in the provinces, but merely forwarded it by the Yamfen to the Ministers Superintendent at Tien-tsin and Nanking for their information. Mr. Mayers replied that, be this as it may, the Provincial Governments generally are known to have received copies of the Yamen's Memorandum, and to have acted upon it as though it were established law. A case in point in Fuhkien was recalled to mind. Touching the affair of 1872, the Ministers Shen and Tung similarly contended that the action taken by the Yamen was preceded by consultation with the British Minister. In the present instance, whilst perfectly comprehending the nature of Sir Thomas Wade's apprehension, his Excellency Shen had to reply that, so far as Memorials from the High Commissioner Li are concerned, it is certain that he will not formulate his Report before Mr. Grosvenor arrives in Yunnan, and that Mr. Grosvenor will be in a position to check whatever evidence is produced at the trial or reported by his Excellency Li. As for the purport of Decrees, no Minister dare speculate on their probable tenor. Touching the mention of Sir Thomas Wade in the Memorial as simply "Wei T'o-ma," in precisely the same manner as the most ordinary person, without any semblance of respect or acknowledgment of the courtesy due to a foreign Representative, the Ministers generally defended this on the ground that it is the rule in Memorials to the Throne to speak of all individuals, be their rank what it may, by name as well as surname. This, Mr. Mayers replied, may be the case with subjects of the Emperor, though even here the rank of the official is denoted by his proper title, but the Represen- tative of a foreign Sovereign stands in a ditferent category. His Excellency Ch'unghow upon this took up the subject, addressing himself rather to the Assistant Grand Secretary Shfin, as explaining the matter to him ; and whilst repeating that the memorialist in Yiinnan was only following the rule which applies in sucih cases where Chinese subjects are concerned, though it must be admitted that there was some remissness in speaking thus of a foreign Minister. His Excellency Mao volunteered the observation that the person who drafted the Memorial did not know any better, upon which Mr. Mayers asked from whence, pray, did he obtain the two characters " T'o-ma," in Sir T. Wade's Chinese name, which certainly do not appear in the official correspondence ? His Excellency Sh6n seemed for an instant disconcerted by this observation, but quickly rejoined : "Ah! it is easy to see that you suspect the Yam^n of having called the British Minister ' Wei T'o-ma ' in their despatches to his Excellency Li ; but you may rest assured they have done nothing of the kind." His Excellency Tung interposed, remarking that, for his part, Sir T. Wade might describe him in any way he chose in his reports to his own Government without causing him any displeasure. On his attention being called to the concluding paragraph of Sir T. Wade's remarks on the subject, his Excellency exclaimed : " This is giving still a wider scope to the subject." Mr. Mayers replied that it was as a want of respect for the Sovereign whom Sir T. Wade represents that the question was brought to the Ministers' notice. They were further reminded of the designation properly applied to the British Minister in the Memorial of 1872, which was laid before them ; and they were asked how it was that such ignorance of what is fitting, as they plead in justification of the expression contained in the Yunnan Memorial, should possibly exist. (Signed) W. F. MAYERS, Chinese Secretary. [159] 84 Inclosure 3 in No. 30. Sir T. Wade to the Prince of Kung. g^ Peking, January 30, 1876. ' I HAVE the honour to acknowledge the receipt of your Imperial Highness' note of the 27th instant, inclosing copies of a Memorial and Decree upon the subject of the Yunnan atrocity, which I bad already perused in the manuscript edition of the Ji'eking Gazette " There is a passage in these papers which I do not perfectly understand, and which, consequently, I have instructed Mr. Mayers, the Chinese Secretary, to request their Excellencies the Ministers of the Yam6n to explain. I do not propose, for the present, to trouble your Imperial Highness regarding them further than with the intimation that translation? of them will be forwarded, as a matter of course, to the Earl of Derby. I renew, &c. (Signed) THOMAS FRANCIS WADE. No. 31, Sir T. Wade to tU Earl of Derby. -^{Received April 8.) My Jjord, Peking, February 3, 1876. IN ray despatch of the 2nd instant,.! adverted to a conversation between Mr. Hart and the Envoy-Designate Kuo Sung-tao. The Envoy was paying Mr. Hart a visit at the time of the China New Year, and congratulated him on the completion of his Report on the taxation of foreign trade, which he had been enabled to send in just before the New Year (26th January). His Excellency Kuo himself, by his own account, heartily approves Mr. Hart's scheme of amendment, with the particulars of which, I may observe, I am as yet unac- quainted, Having expressed himself in this sense, be went on to deplore the want of initiative which distinguishes the Central Government. This, as your Lordship is aware, is almost identical with the Tsung-li Yamin, four of the five Members of the Great Council, which is really the fountain of authority, being Members of the Yamln. Some of Mr. Hart's propositions, it appears, will be difficult of acceptance, because they will clash with the collection of the li-kin or trade tax; against which, however, it should not be forgotten ^hat censors are continually supporting the complaints of the native mercantile class, The Central Government has taken no decision on Mr. Hart's Memorandum, but has sent it to the Provinces, the Governments of which, says the Envoy Kuo, will not understand its merits, and will put forward objections that will most likely involve serious modifications. He went on from this to the Yunnan affair. He would be ashamed, he said, to go to England, until this was settled. What did I think, asked the Envoy, of the Memorials and Decrees that have been appearing in the " Peking Gazette." On being told that, 1 was much dissatisfied, he replied that so was he. He fully admitted that by proper management an early settlement of the affair might have been arranged, and that every day's delay was adding to the difficulty of a satisfactory arrangement. He also shared my apprehension that by some ill-considered declaration, the Chinese Government might commit itself beyond recall. The Envoy next adverted to Corea, to the state of relations between China and which country Mr, Hart had been referring as calculated to add to the embarrassments of China. His Excellency declared that he thought the policy of China entirely wrong in regard to Corea, He would himself, he said, have accepted the responsibility of Corea in the quarrel with Japan, and have opened the country to all nations. He repeated what is known to be the opinion of himself, and a few others, that the proper course for China to pursue, is the improvement of intercourse with foreign nations, and not 1 he provision of means, materially, of defence against them ; which latter is the course at this present moment most in vogue with her politician^. Mr, Hart, it seems, at the time that the occupation of Formosa by Japan, was the matter of nearest concernment in 1874, had submitted to the Tsung-li Yam^n, a paper of 35 Suggestions regarding means of defence in time to come. Referring to this, his Excellency Kuo observed that China was not ready for so much of eflective organization as Mr. Hart's Memorandum of 1874 would involve. He would rather support the propositions just now submitted, which are in the direction of an expansion of commercial, consequently of pacific intercourse. Mr. Hart, who sees him to great advantage, has formed a high opinion of- the Envoy Kuo, as a man of honesty, clearness of sight, and determination ; and this without for- getting that the Envoy is always a Chinese, and that the chief purpose of his confidence is probably to obtain light as to the conduct of the Yunnan affair. On the other side, we must not forget the remarkable line taken by the Envoy Kuo in 1859, when, as I have already mentioned, he denounced Prince T^ngkolinsin for having opened fire upon us ; nor the character that has clung to him of being an original and determined man. His colleague, the Envoy Hsii, who is of a very different type, implies that this is his character, and more or less censoriously ; for there is evidently no love lost between them. The Minister Oh'unghou told Mr. Hart that the Grand Secretary Wenti'ang differs materially from the Envoy Kuo in opinion, but respects his tenacity. It is remarkable that in the conversation with Mr. Hart, which forms the subject of this despatch, the Envoy Kuo seemed unaware that ,1 had instructed Mr. Grosvenor to go to Momein. This of course may have been a pretence of ignorance. Otherwise it would seem that all the Members of the Yamen are not for certain made acquainted with all the correspondence on certain subjects. It will be remembered that there was an instance of this division of parties within the Yam^u during the final discussion of the Formosan queshon in 1 874. I record matter such as this despatch is devoted to, because I conceive that it will possibly contribute towards the formation of a decision in the grave question which neces- sarily absorbs me ; also, because it bears with more or less advantage upon a knowledge ot the Minister who is about to represent China in England. I trust that these considerations may excuse the length of my observations. I have, &c. (Signed) THOMAS FRANCIS WADE. No. 32. The Secretary to the Admiralty to Lord Tenterderii— ^(Received April 12.) Sir, ^ ^ Admiralty, April 12, 1876, I AM commanded by my Lords Commissioners of the Admiralty to acquaint you, for the information of the Earl of Derby, that a telegram has been received from the Com- mander-in-chief in China, reporting the arrival of the four frigates of the detached squadron at Hong Kong,* and that, in compliance with the wishes of Her Majesty's Minister, they would proceed in about a fortnight to Shanghae. I am, &c. (Signed) ROBERT HALL. No. 33. Sir T. Wade to the Earl of Derby. -^{Received April 15.) (Telegraphic.) Peking, April 3, 1876. THE Mission, from a letter received to-day from the Secretary^ appears to have arrived on the 6th ultimo at the Provincial Capital, all the members of it being well, and satisfied with the manner in which they had been treated during their journey. My instructions to the Secretary, of which I forwarded a copy in my despatch of the 16th of December, had been received by him, as well as the English translation ot my letter to the High Commissioner Li. * « Narcissus," « Newcastle," « I-mmortalite," and « Topaze." [159] F 2 36 No. 34. Consul Alabaster to the Earl of Derby.— (Received April 18.) My Lord, Hankow, February 19, 1876. I HAVE the honour to forward, herewith, a copy of a despatch I have addressed to Her Majesty's Minister at Peking, reporting the arrival of Mr. Grosvenor's mission at Hsii Chow Fu, about 300 miles beyond Chung King. I h&VG &c« (Signed) ' CHAS. ALABASTER. Inclosure in No. 34. Consul Alabaster to Sir T. Wade. Sir, Hankow, February 19, 1876. I HAVE the honour to report that I have just learnt from the Taotai that he has indirectly heard of the arrival of Mr. Glrosvenor and party at Hsu Chow Fu, about 300 miles beyond Chung King. They had determined to proceed by a different route than ordinarily taken, and would probably, therefore, not reach Yiinnan Fu till the end of this month, and, while on the way, it will be uncertain when we shall hear from them. The report of their arrival at Yunnan Fu should reach Hankow about twenty days from their reaching that city. I have, &c. (Signed) CHAS. ALABASTER. No. 35. Sir T. Wade' to the Earl of Derby. — {Received April 24.) My Lord, Peking, February 23, 1876. AS my telegram of the 16th instant will have informed your Lordship, I had received from the High Commissioner Li, and, I should have added, his colleague Hsiieh, or Sieh, a note dated 29th January. I have the honour to inclose translation of this note, with copy of my reply to it of this date : also copy of a despatch to Mr. Grosvenor, which the Tsung-li Yamen has promised should be sent to him ; copies also of two notes to the Prince of Kung, the one transmitting to His Imperial Highness's care my despatch to Mr. Grosvenor, the other my note to the High Commissioners. The letter is separate, as it has appended to it copy of this note, the object of which I am specially anxious that the Prince should understand. Mr. Mayers was at the Yam^n again to-day, when the Ministers repeated the state- ment made a few days ago, namely, that since the High Commissioners' last Memorial they had had nothing from Yiinnan. The High Commissioners' note was formally addressed to me in an official cover, but that, when forwarding it. their Excellencies should have made no further communication to the YamSn is as incredible as the assertion that the Yamin has no details respecting the Yiinnan affair except those given in the two Memorials already published, translations of which have beea forwarded to your Lordship. The note to my address, I have the best reason for believing, lay two days at the Yam^n before it was sent to me. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No, 35. Commissioner Li Han-chang to Sir T. Wade. (Translation.) Yiinnan Fu, January 29, 1876. THE writer had the satisfaction, in the early part of last summer, of at length enjoying a conversation with the British Minister on his visit to Hu Peh, and he has not ceased ever since to regret the slight degree of attention it was in his power to show at 37 that time. He has now to acknowledge the receipt ot the British Minister's note of the 15th December, which reached him on the 28th instant, and in which a copy was inclosed of the note previously addressed to him in October last from Shanghae. On perusal of this communication he would observe that [the conduct of] the officials and people of Yiinnan, in failing to afford protection to the British officers who came forward from the side of Burmah provided with passports, and thus leading to the murder of Mr. Margary and the obstruction of Colonel Browne, was indeed most wrong and reprehensible (or, altogether outside of what is right). Having been commissioned by His Majesty to institute inquiry and take action in this matter, were the writer to do otherwise than prosecute the investigation in the most earnest and searching manner, he would fail in responding not only to the desire which actuates his own Government to consolidate with all care its international relations, but also to the purpose which the British Minister cherishes of drawing closer the bonds of harmony between friendly States. With these considerations in view, he has sought for information along the line of his journey since setting out from Hu Peh, and besides this, he has dispatched emissaries to proceed in disguise to the scene of the disaster, for the purpose of making secret inquiries. He wrote, in addition, to the Acting Governor-General Ts'en, desiring him to have the guilty parties and witnesses apprehended and brought up for trial. On reaching Yiinnan he appointed capable delegates to conduct the examination with all needful stringency, and [caused], first and last, the civil and military functionaries [implicated in] the affair to be stripped of their rank and placed on trial, holding it imperatively requisite that the actual truth be elicited, to the end that the demands of justice be satisfactorily attained. The British Minister observes, in his note now under acknowledgment, that what " is essential is that there should be no doubt as to the identity of persons who may be brought to trial on the credit of statements that may be made, either for the prosecution or the defence." This is a remark which proves how thoroughly the British Minister appreciates the principles which should govern affairs, and the writer cannot feel otherwise than gratified by its expression. The prisoners who have at present been brought before the Court, have made distinct confessions, of the truth of which there can be no doubt ; whilst, with regard to the circum- stances affecting the civil and military officials who have been stripped of their rank, depositions are at this moment in process of being taken. Oil Mr. Grosvenor's arrival, now shortly to be exi)<»3ted at Yiinnan Fu, so soon as he shall have been present as a spectator of the procLcdings [the case] will assuredly be .made perfectly distinct [or, intel- ligible]. The British Minister may feel assured that, when the time arrives, attention shall be paid to his expressed wish, that while a Memorial is, on the one hand, laid before the Throne by the writer, a report shall be made, on the other, by Mr. Grosvenor to the British Minister ; [after which], on a decision being arrived at in consultation, the penalty of justice shall in each case be carried into effect according to law. As regards Mr. Grosvenor's future movements, the writer will lay strict injunctions upon the local authorities to afford him protection upon his journey, by whatever route he may shape his course ; and, during his stay in Yiinnan, he shall receive entire protection and support at the writer's hands. He has no doubt that Mr. Grosvenor [will] discuss affairs [with him] in a spirit of equity [and this being the case], it will of course be possible to unite in the fullest and most friendly efforts towards the arrangements to be discussed, in no wise failing in the due estimation [of all that has to be considered]. The letter forwarded for delivery to Mr. Grosvenor shall be handed to him in person. Mr. Grosvenor has already written a note, which was received in the course of last month, to mention that he has dispatched some stores from Shangae to be forwarded vi§, Bhamo to Yiinnan ; and the writer has sent an officer for the special purpose of proceeding to meet and take charge of the package. He would add that, according to letters from Sze Chuan, Mr. Grosvenor set out from Ch'ungk'ing Fu on the 3rd January, so that his arrival here may be looked for within the next few days ; and he takes the opportunity of expressing his wishes for the British Minister's prosperity. P.S. — It will be satisfactory to the British Minister to know that in the month of September last, the Vice-President Sieh received His Majesty's commands to proceed to Yunnan to assist in the pending proceedings, and that he is now co-operating in the consultations and action in progress. He incloses his cards with compliments. Inclosure 2 in No. 35. Sir. T. Wade to the High Commissioners Li and Bieh. Peking, February 23, 1876. SIR THOMAS WADE presents his compliments to their Excellencies Li and Sieh, High Commissioners. He begs to thank the High Commissioners for their note dated 29th January. . , , . , » j . -xt.. Sir Thomas Wade assumes that Mr. Grosvenor will ere this have arrived at Yunnan Fu. His instructions- are to return by way of Manwyne, through Burmah, and the Government of India has already sent an escort to Bhamo to wait until it is required. As soon as the Agent of the Government of India is apprised of Mr. Grosvenor's approach, the escort will advance to the frontier to receive Mr. Grosvenor. Their Excellencies are hereby informed of this arrangement, in order to render all misunderstanding on the subject of foreign escorts impossible. Compliments, (Signed) THOMAS FRANCIS WADE. Inclosure 3 in No. 35. Sir T. Wade to Mr. Grosvenor. Sir, Peking, February 23, 1876. ON the 15th instant the Tsung-li Yam^u forwarded me a note to my address from the High Commissioner Li Han-ch'ang and his colleague, the ex Vice-President Sieh. I inclose copy of this paper in original and translation. In earlier despatches, which I hope may have reached you, I have informed you that the nomination of the ex- Vice-President Sieh as the colleague of the Governor-General Li, though the Decree so associating him with the latter high officer was issued on the 7th . September, was not made known to me until three months had passed, and then indirectly, that is to Say, by communication of a Memorial sent up by the High Commis- sion, in which the appointment was noticed. The Acting Governor-General Ts'^n Yii-ying, whose sins of commissibn or omission it was one of the ostensible duties of his Excellency Li to investigate, was also joined with the memorialists in the representation referred to. The purport of this Memorial was to the eiFect that the people of the Momein jurisdiction, being alarmed by the rumoured approach of a foreign force, had called out the militia, and that bad characters, apparently Chinese, had profited by this circumstance to join the frontier tribes in an attack on Colonel Browne's party. The information in my possession forbids me, as you are aware, to accept any state- ment so absurd, and the antecedents of the ex- Vice-President Sieh, whether as a Minister of the Tsung-li Yam^n or otherwise, are not favourable to the conclusion that, in appointing him to the Commission, the Chinese Government was determined to act fairly by this unfortunate case. I have written all this in my despatch dated 14th December, which was forwarded to you in triplicate ; but as this may not have reached you, I have here repeated briefly the opinions I therein stated. I repeat at the same time my instruc- tions, to the effect that you are to make your stay at Yunnan Fu as short as possible ; that if a respectable number of witnesses be produced at that city, you are to instruct jour deputies to hear what they have to say, and, should their evidence be greatly at variance with that I have made known to you, to confine yourself to pointing out the discrepancy, and then, insisting always on my injunction that no one condemned in the proceedings is to be put to death till the Tsung-li Yam^n and the Legation shall have been communi- cated with, to prepare a plain report, copy of which, without debate, you are to apply to the High Commissioners to send on to me. If the authorities insist on torturing anv witness, your deputies are to protest and withdraw. His Excellency Li is farther to be requested to secure the safe passage of yourself and your whole party to Manwyne ; and thence, when Mr. Margary's remains have been recovered, and any inquiry you may see fit to institute on the spot completed, to the frontier, where you will be met by the escort which by orders of the Government of India is now waiting for you at Bhamo. The Tsung-li Yamen has been informed that the escort in question is at Bhamo, and I am writing myself to his Excellency Li in the same sense, in order that there may be, in this instance, no pretext of misunderstanding possible. You will, of course, do all that in you lies to keep the Agent of the Indian Govern- ment at Bhamo informed of your movements ; and you will be careful not to separate 39 your party from the Chinese escort which, as the High Commissioner has promised in your note, shall be furnished you, until you find yourself in the presence of the escort sent from Bbamo to meet you. Yours, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 4 in No, 35. Sir T. Wade to the Prince of Kung. Sir, Peking, February 23, 1876. I HAVE the honour to inclose herewith to your Imperial Highness the despatch addressed to the Honourable Mr. Grosvenor, which I desired Mr. Mayers, oh the l7th instant, to request their Excellencies, the Ministers of the Yam^n, to be so good as to have transmitted to Yiinnan, and I shall be obliged by its being forwarded to its address. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 5 in No. 35. Sir T. Wade to the Prince of Kung. Sir, Peking, February 23, 1876. ON the 30th January, Mr. Mayers, by my desire, informed the Ministers of the Tsung-li Yam^n, that the Government of India had sent an escort to Bharao, with qrder^ to await intelligence of Mr. Grosvernor's approach at that station. ," ■; , ' . I have the honour to inclose a note, in which I have communicated this inteUigence to the High Commissioner Li, and his colleague, the High Commissioner Sieh, and which I shall be obliged to your Imperial Highness to cause to be forwarded to their Excellencies. A copy of the note in question is appended, for your Imperial Highness' information. I renew, &c. (Signed) THOMAS FRANCIS WADE. No. 36. Sir T. Wade to the Earl of Derby.-— {Received April 24.) My Lord, Peking, February 24, 1876. IN continuation of my despatch of the 2nd instant, I have the honour to for- ward copy of a Memorandum, the substance of which, by my desire, Mr. Mayers has communicated to the Ministers of the Yamen ; also copy of his Report. The papers form part of the history of the Yunnan case, and may have hereafter to be referred to. There is nothing in them that, for the moment, calls for special remark. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 36. Instructions to Mr. Mayers. February 17, 1876. MR. MAYERS is to state to the Ministers who may receive him at the Yamdn, that the object of his visit is twofold. -First, I have received the note their Excellencies were so good as to forward me from the High Commissioner Li Han-chang. I presume that his Excellency has sent up some further Report of his proceedings in Yiinnan ; and I shall be obhged by a communication of its substance, if communication of the Report in extenso be not possible. Next, I wish Mr. Mayers to explain the remark which their Excellencies appear to have misunderstood the other day (30th January), with reference to the premature publica- tion, of matter, or the adoption of- any particular course of proceeding, without previous consultation with myself. 40 The incident of 1870, to which I referred, was not the puhUcation of papers by Tsing Chung-t'ang. His Memorial spoke the trath, and was honourable to him in every way. The action I referred to, was that taken in Peking after the Charge' d' Affaires of J^ ranee had returned to Peking^ Again, in 1871, the paper known as the Missionary Memorandum, had not been com- municated to foreign Representatives in general. The only two who had seen it were myself and the then Minister of Russia. I knew that it would give offence, and defeat its purpose ; and, as the Grand Secretary, W6nsiang was aware, I had arranged to offer some suggestions regarding it ; but it was hurried out, and the result was what I had anticipated. The first sentence of my note subsequently written to the Grand Secretary W^nsiang (21st June, 1871), establishes this. The case of 1872 may be told in a few words. The condition on which I insisted as important, was that the title of Her Majesty the Queen should be placed on a level with that of the Emperor of China, in the Memorial pubhshed in' the " Gazette." In the manuscript edition of the " Gazette" this condition was fulfilled; but in the printed edition which makes the round of the Empire, it was violated ; the Yamen declining all responsi- bility, and as an amende, unable to do more than cause the reprint of 117 copies of a particular edition. It is impossible to describe proceedings of this sort, otherwise than as manoeuvres ; and the Ministers of the Yamen must perceive that if these be resorted to on one side in a discussion, they become equally justifiable on the other. A letter will be ready to-morrow to be despatched to Mr. Grosvenor, who ought to have arrived at Yunnan some days ago. I observe that Yang Yli-k'o, late Acting Commander-in-chief of Yunnan, has been moved to Kuang Si. I should like to be informed of the reason of this, as his evidence will be more than possibly required at Yunnan Fu. I should also like to know what is become of Po-ch'ang, who was acting in the same capacity at Ta-li Fu, in December, 1874. (Signed) THOMAS FRANCIS WADE. Inclosure 2 in No. 36. Memorandum of Interview with the Ministers of the Tsung-li Yamen. February 17, 1876. MR. MAYERS saw the Ministers Shen, Tung, Mao, and Ch'unghow at the Yamen, in pursuance of Her Majesty's Minister's instructions of this date. The Ministers' rephes to the observations addressed to them were as follows, his Excellency Sh^n being the principal spokesman : — No further communication relating to the Yiinnan affair had been received from his Excellency Li, who is, of course, awaiting the arrival of Mr. Grosvenor in Yiinnan. His Excellency had written about other matters. Anything which ought to be communicated to Sir Thomas Wade would be made known to him without delay. The Ministers would with pleasure forward a letter for Mr. Grosvenor. Respecting the three cases referred to by Sir Thomas Wade, the Ministers made no answer with reference to that of 1870. As regards the Missionary Circular of 1871, they contended that it was communi- cated to the Foreign Legations in general at the direct request of the several Ministers, and then only in a consultative way. Touching the Memorial of 1 872, his Excellency maintained that the only fault had lain with the "Gazette" printers, who, with a carelessness they often display, had ignored the correct form in which the text of the Yamfin's Memorial had acknpwledged the due position to be attributed to the characters Ta Ying Kwo (Great Britain). . General Yang Yii-K'o, the Ministers stated, has been removed from his tenure of the acting command-in-chief in Yiinnan merely in pursuance of the regulation that military officers above the rank of Lieutenant-Colonel should not serve in their native provinces. This rule, which was necessarily disregarded during the rebellion and in the years immediately ensuing, is now about to be enforced by successive removals. Of General Po-Ch'ang, who was to have left Yiinnan for Peking last year, none of the Ministers knew anything whatever. They had not heard whether he had reached Peking, but they thought he could not have done so without their being aware of the fact. (Signed) W. F. MAYERS, Chinese Secretary. 41 No. 37. Sir T. Wade to the Earl of Derby. — {Received April 24.) My Lord, Peking, February 24, 1876. I HAVE the honour to inclose Memorandum of a conversation between Mr. Hillier and his Excellency Hsii Ch'ien-sh^n, the junior Envoy-Designate. Mr. Hillier is a very promising speaker, and, I think, turned his opportunity to good account. So far as the Yiinnan outrage is concerned, the chief interest in what fell from the Envoy Hsii lies in his attempt to compare the massacre of Tien-tsin with the incident in Yiinnan, if I may say so, to the disadvantage of the latter. He is a great chatterer, but, connected as he is, I am persuaded that he does not speak of the Yunnan affair ■without knowledge of the opinions held by the Chiefs of the G-overnment ; possibly not without their inspiration. My line has been to insist upon it that the Yiinnan atrocity is much graver than the Tien-tsin massacre, not only because the authorities, having been duly apprised of the tlispatch of the mission from India, were more directly chargeable with neglect of due precaution, if not with active hostility, but because the Yunnan crime has, at an interval of but five years, succeeded the Tien-tsin massacre. The increase of attention of the Chinese to foreign matters, as shown by the Envoy's allusion to the Tichborne case, &c., is noteworthy. So, on the other hand, is his obser- vation that, in the Tien-tsin case, China had got off very cheap. I have &c. (Signed) ' THOMAS FRANCIS WADE. Inclosure in No. 37. Memorandum. I CALLED on Hsii ta jen this afternoon, and sat with him for nearly two hours. He was in a particularly talkative humour, and pressed me to stay on two or three occasions when I rose to take leave. Soon after my arrival I mentioned that there had been a sale of fancy articles at the French Legation last evening for the benefit of the schools and hospital established by the Sisters of Charity. Hsii ta jen seemed astonished to hear that so much interest was taken in the work of the sisters by foreigners in Peking, and expressed some doubt as to the sincerity of the professions of the former in every respect. I endeavoured to explain to him how much good they did among the sick and poor, and in how great esteem they were held by foreigners of every sect and creed. He then remarked that that would explain the indignation of foreigners at the Tien-tsin massacre, which, in his opinion, was a much more serious affair than the Yunnan outrage. In the one case a massacre occurred in a city, close to the capital, where foreigners of several nationalities were murdered, the only accusation against them being one which there was no evidence to support ; while the Yunnan outrage was perpetrated in a distant border province, and in the open country, only one tnan being killed. "It is all very well to say," he continued, " that the Tien-tsin massacre was the act of the populace, whose sudden outbreak it was impossible to control, but the Chinese Government could hardly acknowledge that it was unable to keep its own people in check in such a place as that." The Chinese, he considered, got off^ very easily on that occasion, owing, as they very well knew, only to the fact that France had at the time other matters to attend to. I did not attempt to discuss with him the relative gravity of the two outrages between which he was drawing a parallel, but pointed out that the Yunnan affair was still under investigation, and that he could hardly speak with sufficient positiveness about it ; there were several matters that had yet to be cleared up ; to what extent, for instance, there had beep complicity. " Ah !" said Hsii ta jen, " and I don't know whether that matter ever will be cleared up. There is one man who no doubt could tell, but he won't, and that is Ts'^n Fu-t'ai." He then went on to compare the Yiinnan affair to many cases relating to purely Chinese matters that have not been, and never will be, cleared up. He mentioned in particular some recent case, I think one upon which a long Memorial has lately appeared in the " Gazette." They never would be cleared up, because the officials would not speak out, and this Sir T. Wade must know very well ; he had not been all these years in China without making that discovery. The Tichborne case was a proof that even in England judicial inquiry was not always successful. He declared that Li-chung-t'ang did not know [159] G 42 the particulars of the case when taken to task by Sir T. Wade at Tien-tsin, nor were they fully known to his Excellency or the Yam^n now. His brother the Commissioner, whose business and inteirest it was to investigate the matter thoroughly, was not certain to find out all the particulars, the place was too far off. This last remark I am not quifte positive about, as he dropped his voice to a whisper, which was almost drowned by the noise of a child crying in the next room. His Excellency then asked whether Sir T. Wade had returned the visits of the Heads of Department. I said he had returned some yesterday, and had been out with the same intention to-day. Hsii ta j^n had heard that the Japanese Minister was giving a breakfast party,_and asked if all the foreign Ministers were to be present. I replied that I believed Sir T. Wade had gone, but did not know whether all the foreign Representatives were to be there. He then asked if there were to be ladies present, to which, as before, 1 answered that I did not know. His Excellency thereupon began to speak of the Japanese Government in not parti- cularly friendly terms. Japan, he said, would, he was sure, attack Corea, and China would certainly let them both alone. Advice had been given to Corea, but he did not see why Japan should trouble China about the matter, which was not one that came within the range of Treaty provision. The Americans did not do things in that way. He mentioned Mr. Mori's visit to Li-chung-t'ang, which he said was Ul-advised. Mr. Mori had not spent more than a day or two in negotiations with the Tsung-li Yamen, when he went off to Pao-ting Fu to see Li-chung-t'ang, who gave him some good advice, but that was all. As usual, he asked me a great many questions about England and English ways, and from that the conversation drifted on to the subject of his intended mission. He said he was very anxious to get away, and was tired of being kept in this suspense. He had resigned his appointments in Tien-tsin, and had come to Peking to be in readiness to start, and here he was, with no pay and very little to do, waiting on and on. He had thought of applying for leave and going to his home, but then again he wanted to be on the spot to see what turn affairs took. He was anxious to go to England, because he wanted to see fbiBeign countries, but still more that he might get his mission over, and obtain sufficient " lao chi," or meritorious service, to start him on the road to official advancement in his career in China. Now he was neither one thing nor the other ; he was not a " T'ang kuan " nor a " Ssu kuan " (senior in an office nor clerk of Department), but only an expectant Taotai, with no prospect of being anything else until he had accomplished his mission. His Excellency Kuo, he said, was better off ; he had got his " lao chi " before he had worked for it, though he, by accepting the post of Envoy, had missed being appointed Governor of Fu Kein, an opportunity, now that it had once passed by him, he would never have again. He deplored the delay which had taken place in the despatch of the mission of inquiry, saying, that by putting it off so long matters in Yiinnan had been allowed to be, as I understood him, " cooked up," or " involved in confusion." The expression that he made use of was new to me, and I regret to say that I have not retained it. Mr. Gros- venor's Report, however, must soon arrive, and then Sir T. Wade would surely have something to say, and they would learn what he really wanted. At present, when pressed on the subject, all the answer he would give was to refer to his despatches of such and such a date. He (the Envoy Hsii), however, was of opinion that it would not be wise to go to England while matters were in their present condition. The Mission was certain to start sooner or latea", and no doubt Sir T. Wade would give them a timely hint when they could go forward. The sooner the better; their work would then be easy; and although it would cost them privately a good deal of money, their office would be a sinecure. He asked some question as to the state of affairs in Turkey, and I informed him that the latest telegrams were satisfactory. (Signed) WALTER C. HILLIER. February 11, 1876. 4'3 No, 38. The Earl of Derby to Sir T. Wade. Sir, Foreign Office, May 4, 1876. I HAVE received your despatch of the 28rd of February, together with its inelosures, and I have to convey to you my approval of the instructions addressed by you to Mr. Grosvenor, for his guidance during the Yiinnan inquiry, as well as of your proceedings as reported by you in your despatch. I am, &c. (Signed) DERBY. No. 39. Sir T. Wade to the Earl of Derby. — (Received May 6.) My Lord, Peking, March U, 1876. IN my despatch of the 23rd of February I had the honour to inclose trans- lation of a note received from the High Commissioner in Yiinnan, and copy of my reply to it ; copies also of a further letter of instruction to Mr. Grosvenor, and of two notes to the Prince of Kung, giving cover respectively to my reply to the Commissioners, and to my letter to Mr. Grosvenor. These two notes were acknowledged together on the 26th, in a reply, of which I append translation. On the 29th I addressed three further notes to His Imperial Highness, copies of which I inclose. In the first I stated that an escort had been sent by the Government of India to wait for news of Mr. Grosvenor in Burmah, and I requested that orders might be given to the Yiinnan authorities to supply such information regarding the point on the Yiinnan frontier to which this escort might be moved on to meet Mr. Grosvenor, as would prevent the possibility of any mistake. In the second, I communicated the substance of telegrams received from the Viceroy of India, regarding the reported attempt of the local authorities to excite the people against the mission and its objects. In the third, I apprised the Prince of the receipt of the record of your Lordship's message telegraphed on the arrival of Mr. Edwardes. As stated in my despatch of the 25th of January, I had already informed His Imperial Highness of the substance of that message. The Prince replied, on the 3rd instant, to the first of the above notes, tliat relating to the escort, singly, and to the other two, collectively. I append translations of both replies. There is nothing in either specially calling for attention. I have, &c. («gned) THOMAS FRANCIS WADE. Inclosure 1 in No. 39. The Prince of Kung to Sir T. Wade. (Translation.) Peking, February 26, 1876. THE Prince has to acknowledge the receipt of the British Minister's note, on the 24th instant, requesting that a letter addressed by him to Mr. Grosvenor might be forwarded to its destination ; and, on the same day, of another note, inclosing copy of a communication addressed by the British Minister to the Imperial Commissioners, Li and Sieh, on the subject of an escort, which it is intended shall meet Mr. Grosvenor upon his crossing the Yiinnan frontier into Burmah. Immediately on their receipt at the Yam^n, the letters for Mr. Grosvenor and the Imperial Commissioners, Li and Sieh, were sealed up in a separate cover, and sent off" express to Yunnan, with orders that they be delivered at their respective addresses. . The copy of the communication addressed by the British Minister to the Imperial Commissioners, Li and Sieh, inclosed in the note now under acknowledgment, has been duly perused by the Prince, who now begs to make this communication in reply. [159] G 2 44 Inclosure 2 in No. 39. Sir T. Wade to the Prince of Kung. Sij. Peking, February 29, 1 876. I HAVE the honour to acknowledge the receipt of your Imperial Highness' reply of the 26th instant, and beg to express my thanks for the promise that my letters to the. High Commissioners and to Mr. Grosvenor shall be severally forwarded to their destina- tions. On the evening of the 25th, I received a letter from the Viceroy of India, dated 8th January, inclosing me copy of the instructions that had been sent by his Excellency to the Resident at Mandalay, regarding the escort of Mr. Grosvenor. The Burmese Government will be moved as before to provide a contingent for the escort of Mr. Grosvenor and his party from whatever point Ihey may be conducted to by the Chinese escort, which the High Commissioner Li has promised should be sent. The Government of India is, on its part, holding in readiness a force of 200 British and 100 native infantry to be employed on the same service. These are to be halted at a place named in British territory, but close to the Burmese frontier, uritil instructions be sent to them to move forward. This arrangement has been decided on because the Government of India is not as yet certain as to the point of the frontier of Yiinnan to which Mr. Grosvenor and his party are to be escorted. I shall be much obliged to your Imperial Highness to send instructions at once to the High Commissioner Li to let Mr. Grosvenor know to what point on the Yunnan frontier it is proposed so to escort him. Mr. Grosvenor will then be enabled to send a message to Bhamo to convey the necessary information to the Agent of the Government of India there stationed. As I have already stated, according to Colonel Browne, the boundary line between the Empire of China and the Kingdom of Burma is marked by a river named the Nanp'eng^ Kiang, part of the course of which is but some fifteen or twenty miles from Manwyne. Mr. Grosvenor is instructed by me, as your Imperial Highness is aware, to proceed to Man- wyne, and I should imagine that there can be little difficulty in settling the spot at which the two escorts are to meet each other. I beg to inclose, for transmission to Mr. Grosvenor, a letter in which I have commu- nicated to him the substance of this note. I have some other matter relating to his mission, which I shall make the subject of a separate note. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 3 in No. 39. Sir T. Wade to the Prince of Kung. Sir, _ Peking, February 29, 1876. THE matter to which I had the honour to refer at the close of my earlier note of this date is as follows : — On the evening of the 25th I received from the Viceroy of India two telegrams, the first dated 5th instant, the second 9th instant. Both were to the effect that certain Chinese authorities in Yiinnan were exciting the people to oppose the inquiry which the High Commissioner Li had been sent to institute into the circumstances of the Yiinnan outrage. The particular locality was not indicated in the telegrams, but I think it right that your Imperial Highness should be informed of the prevalence of reports to this effect. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 4 in No. 39. Sir T. Wade to the Prince of Kung. Sir, Peking, February 29, 1876. IN continuation of my earlier notes of this date, I have the honour to state that in despatches received from the Earl of Derby on the 25th instant, his Lordship informs me of the receipt of my despatches forwarded by Mr. Edwardes, of whose arrival your Imperial Highness is aware I had already been apprised by telegraph. My despatches gave cover to my instructions to Mr. Grosvenor, and to copies of my- correspondence with the Governor-General Li, and with your Imperial Highness from the date of my return to Peking in September until my departure thence on the 11th October. All I have written is approved by the Earl of Derby. His Lordship also expresses approval of my attachment of Mr. Davenport to Mr. Grosvenor's mission. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 5 in ISo. 39. The Prince of Kung to Sir T. Wade. (Translation.) March S, 1876. THE Prince has to acknowledge the receipt, on the 29th instant, of the British-. Minister's note, requesting that the Imperial Commissioner Li might be instructed to inform Mr. Grosvenor to what point of the Yiinnan frontier it was proposed to escort him, in order that he might notify the British Resident "at Bhamo, who would convey the infor- mation to the escort, which will be in readiness to receive Mr. Grosvenor on the Burmese ; frontier, at whatever point Mr. Grosvenor may be conducted to by the Chinese escort. The British Minister further requests that the Yam^n will transmit to Mr. Grosvenor a letter in which he has communicated to him the substance of the note now under- acknowledgment. With respect to the absence of information as to the point on the Chinese frontier to which Mr. Grosvenor and his party will be escorted, the Prince begs to state, in reply, that the Yam^n has already forwarded by express to the Imperial Commissioner Li a copy of the British Minister's note, requesting him to ascertain precisely, and notify to Mr. Gros- venor, the spot on the frontier between China and Burmah [to which the party will be escorted], in order that Mr. Grosvenor may send a message in advance to the British Resident at Bhamo. The letter for transmission to Mr. Grosvenor was forwarded by the same opportunity. Inclosure 6 in No. 39. The Prince of Kung to Sir T. Wade. (Translation.) Peking, March 3, 1876. THE Prince has to acknowledge the receipt of the British Minister's note of the 29th February, informing him of the receipt of two telegrams from the Viceroy of India, with reference to reports stating that certain oiRcials of Yiinnan were inciting the people to obstruct the inquiry, for the conduct of which the Imperial Commissioner Li was appointed ; and in reply the Prince has to observe that the object which the Chinese Government pro- poses to itself, in all judicial proceedings, is by elucidation of the actual truth and infliction of such punishment as is appropriate to the oflfence committed, to pursue the course which is calculated to obtain the concurrence of the pubUc mind. On receipt of the statements now communicated in the despatch under acknowledgment, the Yam^n of Foreign Affairs writes to the Imperial Commissioner Li, desiring him to act in concert with the Governor- General and Governor of Yunnan in taking careful measures for the maintenance of authoritative control, and for the prevention of all disorder. The Prince has hkewise to acknowledge the receipt of the British Minister's despatch of the same date with the foregoing, acquainting him with the approval signified by the Earl of Derby of his correspondence, which was forwarded to England by the hands of Mr. Edwardes. 46 No. 40. Sir T. Wade to the Earl of Derby. -^{Received May 6.) My Lard, Peking, March U, 1876. REMARKS having been more than once made upon Mr. Grosvenor's selection of the lengthier route to Yunnan, in a fashion that induced me to expect to find capital made of the allegation in the discussion inevitably ahead of us, I thought it well to sliow beforehand that the choice of routes had really lain with the Grand Secretary Li Hung-chang and the officer Sung Pao-hua, appointed by his Excellency to accompany Mr. Grosvenor's mission. I accordingly wrote to the Prince of Kung the inclosed note, touching the despatch of which, at this juncture, however, I shall give some further explanation elsewhere. I followed it up by forwarding His Imperial Highness' translations of your Lordship's despatch of the 1st January, written after careful consideration of the correspondence laid before your Lordship by Mr. Edwardes. Copy of this latter note is also inclosed. The Prihce will not, I imagine, reply to either, especially the last. As my previous despatch of this day reports, His Imperial Highness has already taken notice of my intima- tion of Mr. Edwardes' arrival in England, and the receipt of the despatches entrusted to his care. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 40. Sir T. Wade to the Prince of Kung. Sir, Peking, March 5, 1876. AS allusions have been made more than once by different members of the Yamen to route taken by Mr. Grosvenor, and in a tone implying that by his preference of the way by Sze-chu'an to' the way by Hu Nan, he had unuecessarily delayed the termination of the Yunnan affair, I think it well to lay before Your Imperial Highness copies of a correspon- dence between Mr. Mongan, Her Majesty's Consul at Tien-tsin, and the Grand Secretary Li upon the subject of the route to be taken, with translation of the Consul's report of what fell from the Grand Secretary in conversation with himself and Mr. Mayers, when by my desire, they waited on his Excellency, last April, to learn whether, if Mr. G-rosvenor were sent round to Rangoon, it might not be possible to send the Sub-Prefect with him. It will thence be seen that it was the Grand Secretary who indicated the Sze-chu'an route as the route to be followed. I beg particular attention to his remark that the journey by Hu Peh and Sze-chu'an would not occupy more than three months ; that it would thus be slow but sure. I was prepared, notwithstanding this, to instruct Mr. Grosvenor last October to follow the footsteps of the High Commissioner Li Han- chang through Hu Nan, but on mentioning my intention to Mr. Grosvenor he informed me that the Sub-Prefect Sung had made his arrangements with reference to the Sze-chu'an route, and that an official of the Sze-chu'an Government was to meet the party at Ku'ei- chou Fu. This proved correct. An official was waiting at Ku'ei-chou Fu. I shall not for the moment trouble your Imperial Highness at greater length upon the matter. I wish it merely to be understood beforehand that I shall object to any insinua- tion that a satisfactory settlement of the Yunnan affair has been deferred by the slowness of Mr. Grosvenor's movements. The difficulties that have presented themselves in the way of its adjustment demand a widely different explanation. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 2 in No. 40. Sir T. Wade to the Prince of Kung. ^^'^' T uAH.u u . ■ . Peking, March % 1S1Q. 1 HAD the honour to mform your Imperial -Highness in a note dated the 24th of January last, that the Earl of Derby had apprised me by telegram of the arrival of Mr. Edwardes m London with despatches from me, and of the general approval of mv proceedings reported therein. ^ 47 By the mail which reached this on the 2nd instant, I received a despatch from his Lordship upon the subject of this correspondence, which I consider it my duty to commu- nicate in extenso to your Imperial Highness. T beg accordingly to inclose a copy and translation of this despatch. I renew, &c. (Signed) THOMAS FRANCIS WADE. No. 41. Sir T. Wade to the Earl of Derby.— (Received May 6.) My Lord, Peking, March 14, 1876. IN a telegram dated 2nd instant I had the honour to inform your Lordship of Mr. Grosvenor's arrival on the 3rd February, at a place near the frontier of Yunnan. This intelligence was supplied by the Tsung-li-Yam^n. I had sent Mr. Mayers, on the 1st instant, to the Yamen to inquire about a large loan which I had heard was about to be negotiated for the Chinese Government. I shall refer to this again. Mr. Mayers was at the same time to ask if news had been received of Mr. Grosvenor. In reply, the President Tung produced from his book a sort of itinerary of which linclose translation. The Grand Secretary Sh6n remarked that travelling was so slow by the route selected, that Mr. Grosvenor had been longer reaching Yiinnan than could have been expected. This was one, the most recent, of the observations to which I have referred in my previous despatch of this date,* as having, in my opinion, rendered it necessary. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure in No. 41. Memorandum showing the Progress of Mr. Grosvenor's Mission, communicated by the Yamen of Foreign Affairs, March I, 1876. THE Taotai of the Chu'an Tung Circuit, by name Yao, reports that, on the 9th December, 1875, Mr. Grosvenor and party passed with the hmits of the Province of Sze-chu'an. On the 30th December they arrived at Ch'ung K'ing, and on the 31st December they called at the .Roman CatJioHc Mission House to see Pkve Vinpot, the Vicaire Apostolique. On the 14th January, 1876, they arrived at Lu Chou. On the 16th of January they resumed their journey in the same boat; and on the 22nd January they reached Hsii-Chou Fu. Yen, Taotai of the Yung Ning Circuit, reports as follows : — On the 25th January party arrived at P'ing-Shan Hien. On the 27th January Messrs. Grosvenor and Baber walked to some rapids some tens of li oflf, and then returned. On the evening of the 30th January the party determined to continue the journey by land. On the 3rd February they returned by water to An- Yao in the Yi-p'in district (Prefecture of Sii-chon), where they took the road to Lao Yao-t'an. From this place there is a direct road to the frontier of Chao-t'ung Fu (the northernmost Prefecture in Yunnan). They should reach Yunnan Fu about the end of February, or the beginning, of March. No. 42. Consul Medhurst to the Earl of Derby. — (Received May 7.) (Telegraphic.) Shanghae, April 29, 1876. PRIVATE note received from Grosvenor to-day dated 23rd March. To leave Yiinnan Fu|in two or four days, .aad JB^cpects to reach Manwyne on 5th May. Asks me * No. 40. 48 to telegraph Chief Commissioner, Rangoon, his arrangement, to be handed over by Chinese to British escort at Manwyne. Every one in best of health. People's demeanour perfect. No. 43. The Earl of Derby to Sir T. Wade. Sir, Foreign Office, May II, 1876. I HAVE received your despatch of the 14th of March on the subject of Mr. Grosve- nor's mission to Yunnan, and I have to convey to you my approval of the notes you addressed to the Prince of Kuug, copies of which you inclose in your above-mentioned despatch. I am, &c. (Signed) DERBY. No. 44. The Earl of Derby to Sir T. Wade. Sir, Foreign Office, May 11, 1876. I APPROVE the notes, copies of which are inclosed in your despatch of the 14th of March, which you addressed to the Prince of Kung, in regard to the selection of the route adopted by Mr, Grosvenor's mission to Yunnan. I am, &c. (Signed) DERBY. No. 45. Sir T. Wade to the Earl of Derby. — {Received May 22.) "My Lord, Peking, March 29, 1876. I HAVE, already mentioned that I believe the Tsung-li Yam^n to be keeping back news of Mr. Grosvenor's movements. The manner of the Ministers when I ask questions on the subject inspires me with suspicion; but independently of this, it must be remembered that, according to the itinerary supplied by the Ministers, and inclosed in my despatch of the 14th instant,* Mr. Grosvenor had reached the neighbourhood of Sii-chou Fu, in latitude 28° 38' north, longitude 104° 45' east, on the 3rd of February. From An-yao, the place near Sii-chou at which he then was, he was to ( proceed vih Chao-tung Fu, the whole distance, from An-yao to Yunnan Fu, the capital of Yiinnan, not being above 450 miles. Travelling at the rate even of twenty miles a day, he should have been at Yiinnan Fu by the 25th February. The first despatch of the High Commissioners, publication of which so much dissatisfied me, came up in twelve or fourteen days, and I cannot believe that nothing relating to the Mission has been received from them since. I have, &c. (Signed) THOMAS FRANCIS WADE. No. 46. The Earl of Derby to Sir T. Wade. Sir, Foreign Office, May 25, 1876. I HAVE had under my coi\gjderation, in communication with Her Majesty's Secre- tary of State for India, your despatch of the 1 6th of December last; and I have to convey to you my approval of the supplementary instructions, of which you inclose a copy therein, addressed by yqu to Mr. Grosvenor, directing him to returu from Yiinnan by way of Burmah. I am, &c. (Signed) DERBY. * No. 41. 49 No. 47. Sir T. Wade to the Earl of Derby. — (Received May 29.) (Telegraphic.) Peking, May 18, 1876. THE long Report to the Throne of the High Commissioners was, with other documents, placed in the hand of the Chinese Secretary on the 8th instant at the Yam^n. It is asked by the High Commissioners that the Yara^n and the Board of Punishments may be requested to take the Report into their joint consideration. A Decree has accordingly been issued, but nothing has been pubhshed. I have addressed a request in writing to the Prince of Kung asking that these papers may be communicated to me officially. All the blame of the murder is sought to be laid on the savages by the Chinese Government, and they try to prove that the attack on Colonel Browne was solely instigated by Li, the gentry of the district having been alarmed by Colonel Browne's arrival. All the higher officials and gentry would thus be exonerated. 1 cannot accept this story with the other evidence in my hands. The paper contains contradictions and falsehoods, and, in view of the former history of such acts, and the equivocal conduct throughout the present affair of the Chinese Government, I have made a protest against the punishment of Li or the execution of the savages. I add that I do not demand any longer the punishment of the provincial authorities. I fix the whole responsibility on the Central- Government, and demand such reparation as will in the future better secure foreign relations. The papers are voluminous. Only yesterday the last translation was finished. Towards the end of the month I shall be at Shanghae to meet the Secretary, and until I have seen him I shall not close my Report to your Lordship. Judicial satisfaction is unattainable, and I shall have difficulty about the form of reparation. I may have to refer again to your Lordship on this account. I see no reason, however, to despair, if the Chinese believe us to be in earnest. No. 48. Sir T. Wade to the Earl of Derby. — {Received June 5.) My Lord, Peking, April 7, 1876. MY telegram of the 3rd instant will have informed your Lordship that I had received a letter from Mr. Grosvenor. I have the honour to inclose copy of it. Mr, Grosvenor, it will be seen, reached Yiinnan-fu, the capital of the Province, on the 6th March, and wrote to me the day following. He was in receipt of my letter, forwarded by different channels, in triplicate, copy of^which formed Inclosure No. 1 in my despatch to your Lordship of the 16th December, 1875. Hence, I assume, the guarded tone of his. to me. He was in doubt, I imagine, about the security of correspondence entrusted to Chinese Government couriers. I shall look for some communication from him by a private hand. This^ however, can hardly arrive for some weeks. Mr. Grosvenor's letter, it is to be observed, took twenty-seven days to reach me. The letter to me from the High Commissioners, translation of which was forwarded your Lordship in my despatch of the 16th February, was received at the Legation upon the 1 5th February, that is, seventeen days from the date of its expedition. I have earlier referred to my belief that the T'sung-li Yam^n was in possession of information that it was keeping back from me, and this suspicion is confirmed by other evidence than that supplied by the inexplicable difference in the rate of speed at which the above letter of the Conunissioners and Mr. Grosvenor's letter have been transmitted. A rumour was current a few days since that the Grand Secretary Li, Governor- General of this Province, was on his way to the capital. As his Excellency Li had declared himself very anxious to see Sir Douglas Forsyth, who was staying with me, and as, if this rumour were true, there was every chance tha,t Sir Douglas Forsyth and he might miss each other, I instructed Mr. Mayers to call on the Envoy designate, Hsii Chien-shen, who is a relative of the Grand Secretary, to make inquiries. The Envoy, Hsii, had heard nothing about the contemplated visit, but adverting to the receipt of news from Mr. Grosvenor, he remarked that he had been satisfactorily received by the High Com- missioner Li; Mr. Grosvenor, as his letter showSj had not yet seen the High Com- missioner. I infer that the Yam^n is in possession of letters of later date, which doubtless speak [159] H 50 of Mr. Grosvenor's reception of the evidence that would be tendered him regarding the outrage. Why, it may be asked, should it be withholding intelligence that must be presently communicated? Most likelv because it is trusting in luck; hopmg that something may turn up in the chapter of accidents that will diminish the difficulties now before it. I have not replied to the short note of the Minister's which gave cover to Mr. Grosvenor's letter, but Ihave requested a conference to-morrow, the result of which I shall, of course, report to your Lordship. I have, independently of the Yiinnan aflfair, another very thorny question on my hands. I shall explain the comphcation elsewhere. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure in No. 48. Mr. Grosvenor to Sir T. Wade. Sir^ Yunnan-fu, March 1, 1876. I HAVE the honour to report that, in company with Messrs. Davenport and Baber, I reached the provincial capital in health and safety yesterday afternoon. The official residence assigned to the use of this mission is comfortable and fairly clean. The Magistrate of the Mixed Court at Shanghae, Ch6n, was deputed by their Excellencies Li, Siieh, and Ts'en to receive me. I returned their Excellencies my best thanks for the care taken to provide for my comfort since I had reached the Province of Yunnan. T have the honour to acknowledge the receipt of three copies of a despatch, dated December 14, 1875 ; each copy containing as an inclosure your instructions to me of the oOth October last. Yesterday evening his Excellency Li-Han-Ch'ang sent me the Enghsh version of a despatch you had addressed to him. I shall request his Excellency Li-Han-Ch'ang to forward this despatch to you as quickly as he can. I have, &c. (Signed) T. G. GROSVENOR. No. 49. The Earl of Derby to Sir T. Wade. (Telegraphic.) Foreign Office, June 14, 1876, 5*25 p.m. YOU should avoid pledging in any way Her Majesty's Government until Mr. Grosve- nor's Report has been received and considered by them, when instructions will be given to you for your guidance. No. 50. Lord Tenterden to the Secretary to the Admiralty. Sir, Foreign Office, June 29, 1876. WITH reference to ray letter of the l'2th instant, I am directed by the Earl of Derby to state to you, for the information of the Lords Commissioners of the Admiralty, that a telegram, dated the 24th instant, has been received from Sir T. Wade stating that he finds it impossible at present to dispense with the four ships of the detached squadron now in China. I am, &c. (Signed) TENTERDEN. 21 H n a « g w 2 » 7. U 09 O &!! 0) S5 i s s- s Sl, s s o SI. o- o ^ Si h^ fas •s !i i Co s # •y s *« 00 »■ ^3 § 05 § «+ o q S' § fo rt (D H s 5 p s» -S hH a s ft O o §■ O >->3 g p § •^ X 13 CD CO o 1— ' g & >*>■ la » g to fc9 ■2 1" n3 «^ o M I— I > o 3.^ 00 05 •a n SI 3t 00 ■- ?-^ en tack and CHINA. No. B (1877). EUETHEE OOEEESPONDENOE RESPECTING THE ATTACK ON THE INDIAN EXPEDITION TO WESTEEN CHINA, AND THE MUEDEE OF ME. MAEGAEY. (In continuation of Correspondence presented to Parliament August 1876 : 0. 1605.) Presented to hoth Houses of Parliament by Command of Her Majesty. 1877. tONDON : PRINTID BY HARBISON AND SONS. TABLE OF CONTENTS. 32 33 34 as 86 87 38 39 40 41 42 43 44 No. Name. 1 Sir T. Wade 2 J) » 3 4 » »> • • 5 6 7 J) » 11 >. 8 9 10 To Mr. Grosvenor To Sir T. Wade . . i> » 11 Sir T. Wade 12 )» J> • • 13 14 15 16 « >» • ■ J) 15 •■ 17 5> 59 • • 18 » )5 • • 19 Sir B. Robertson , , 20 21 22 Mr. Fraser 3J J> •• 23 H 5) •• 24 25 26 27 »» 7* • • 28 ?5 5» •• 29 >» » ■ • 30 31 Sir B. Kobertson Mr. Fraser To Mr. Fraser To Sir B. Robertson, To Mr. Fraser Consul Forrest to Mr. Fraser Sir T. Wad© ,. To India Office To Sir T. Wade To Mr. Fraser India Office Date. July 15, 1876 22, 22, . 22, Aug. 5, 5, 7, Oct. 6, 6, 19, Sept. 13, 13, 13, 14, Oct. 2, Nov. 23, 23, 28, Deo. 20, 13, 22, 22, 26, 26, 27 Jan. 10,' 1877 10, 23, Feb. 16, 17, Mar, 6, 12, 27, 14, May 10, 17, Apr. 27, Feb, 28, July 14, 14, 18, 27, 30, Aug. 4, Subject. Copy of letter of approval addressed to Mr, Gros- venor Copy of Memorandum by Mr. Hart containing propo- sals for revision of commercial relations of China, Copy of Mr. Grosvenor's Report LetterfromMr.Grosvenortestifyingtovaluableassist- ance received from Messrs* Davenport and Baber. Copies of further documents from Mr. Grosvenor . . Unsatisfactory result of inquiry :h Yun Nan Expected arrival of Grand Secretary Li with full powers . . . . • • •■• • • Approving his conduct of the mission Approving services of Messrs, Davenport and Baber Approving provisionally Chefoo Agreement, Autho- rizes him to come to England immediately Visit of deputation from Tientsin to induce Sir T. Wade to go there to confer with Li . . Note from Prince of Kung conferring special powers upon Li ►. .. ■« Has agreed to commence negotlaitioiJs Copy of Agreement concluded . . Arrangements for carrying out the Agreement Delay in starting of Mission. Has pressed for its immediate departure. Incidental correspondence relating thereto Correspondence relative to posting of Chefoo Procla- mation in Peking . . Reinstatement of authorities of Momein. Remon- strance addressed to Prince of Kung . . , ^ Despatch to Mr. Fraser relative to Proclamation issued by Viceroy in regard to Yun Nan affair . ■ Progress made towards fulfilment of Agreement . . Passport obtained for Mr. Baber to go to Chunking . Translation of letter of apology to be delivered to the Queen by Kuo Respecting alleged reinstatement of authorities of MoMein . . Posting of the Proclamation in the provinces ... Further particulars respecting the above Courtesy shown towards Great Britain in " Peking Gazette " . Complimentary visits of Chinese officials to foreign Legations at the New Year . . . . , , Reports from various places as to posting of Procla- mation .. Report of journey of Mr, Warren through Province of Chekiang Further details as to posting of Proclamation Report received from Ytin Nan respecting state of feeling prevailing there Difficulties as to posting of Proclamation in Hu-nan. Correspondence with Chinese Ministers relative to exclusion of certain Missionaries from Yochow-Fu, Despatch to Mr, Fraser, with report of journey by Mr. Gardner to inspect posting of Proclamation in interior of Province Report from Mr. Alabaster of journey made by Mr, Phillips through southern part of Fukhien, Proclamation satisfactorily posted and received . , Approving letter addressed by him to Chinese Government relative to non-posting of Proclama- tion in Hu-nan Approving Mr. Gardner's Report Approving Mr. Warren's Report Proclamation pi-operly posted in Swatow district, , . Report explanatory of Chefoo Agreement, &c. Testimony to value of Mr. Mayers' services in con- nection with negotiations Sending copy of Sir T. Wade's report .. ,'. Approving services of Mr. Mayers Sending copies of Nos. 40 aiid 42, for communi- cation to Mr. Mayers Acknowledging receipt of Sir T. Wade's report! Defers opinion respecting commercial questions , . Page 3 27 41 42 51 58 58 59 59 59 61 62 63 70 80 82 84 85 88 89 90 91 92 93 93 95 96 95 102 102 103 104 104 110 no 110 110 111 147 148 148 148 148 MAP at page 102* Further Correspondence respecting the Attack on the Indian Expedition to Western China, and the Mnrder of Mr, Margary. Fo. 1. Sir T. Wade to the Earl of Derby. — {Received August 31.) (Extract.) Shanghae, July 15, 1876. I BEG to inclose copy of a letter I have this day addressed Mr. Grosvenor. The papers referred to in it will be forwarded to your Lordship with the rest of the correspon- dence in a few days. Almost all the copies have been some time ready. I have detained them until I had had an opportunity of hearing Mr. Grosvenor's closing account of what . has taken place, because I desired to present with them a review of the whole case, as I think it should be understood. Mr. Grosvenor's verbal commentary upon it, I cannot doubt, will be as useful as interesting. Inclosure in !No. 1. Sir T. Wade to Mr. Grosvenor. (Extr9.ct,) Shanghae, July 15, 1876. I HAVE attentively perused the papers you placed in my hands on the 13th instant, and it seems to me desirable that you should at once proceed to England. You will thus be at hand to explain whatever may require elucidation in the mass of correspondence I am about to transmit to the Earl of Perby, I cannot allow you to leave China without congratulating you most warmly, and, through you, those attaphed to y.our mission, upon your returji from it safe, and with the satisfaction of having rendered inost valuable service, That it has qoiitributed little to a judicial solution of the difficulty that originally suggested it is no fault of yours. For the rest, although I had never imagined that your expedition would expose you to danger at the hand of man, still there were difficulties of various kinds to be anticipated in your trausit across a country all but unknown to foreigners travelling as such, on an errand little acceptable to the native authorities, and it appears to me to have been most happily conducted. Tiie success of the journey itself will be of no small utility, and independently of any bearing upon the offence for which we are seeking reparation, the ioformation obtained along your route, whether in the chapter of trade or geography, will be found rnost valuable. I cannot doubt that Her Majesty's Government will duly appreciate your exertions, 9,nd not less those of the gentlemen who accompanied you, ypur favourable report of whoEQ it; will be roy agreeable duty to bring to the notice of the Secretary of State, ■^<«^^^^ [678] B 2 No. 2. Sir T. Wade to the Earl of Derby, — (Received September 24.) My Lord, Shanghae, July 22, 1876. AS elsewhere stated, I had pressed the Ministers to communicate to me the Memo- randum by Mr. Hart, preparation of which I had agreed last September to regai'd as a pledge for the revision of commercial relations. It had been laid before the Yamen in January, but the only answer I had received to repeated applications to be informed of its contents, was that its length was such that it required long study, that the Provincial Governments would have to be consulted, &c. The Assistant Grand Secretary Sh^n did at last consent to ask the Prince of Kung if Mr. Hart might be instructed to let me read it. I was at the same time to observe that much of what the Memorandum proposed was impracticable. To make sure of the paper, on the 24th May I wrote myself oflScially to the Prince, but before I had received his Imperial Highness' answer, Mr. Hart had forwarded me a manuscript copy of it. It has since been corrected, and I now beg to inclose a revised copy in print. The paper is not of the extraordinary length I had supposed, but its scope is some- what ambitious, as it treats not only of questions directly commercial, but of conditions categorized as judicial and administrative, which are incidental to an expansion of com- mercial intercourse between China and foreign nations. Mr. Hart has endeavoured to treat the two sides of the question before him with fairness to both, and he has at the end of each of the three divisions of his subject propounded sets of alternative methods of dealing with the difficulties that have to be faced in relations so pecuhar as those existing between China and Western Powers. I have so far studied little else but the chapter marked Commercial, and on the merit of what is therein proposed I must still reserve my opinion. His view and my own regarding the Treaty rights of our import trade very nearly, if not perfectly, coincide. My own exposition of those rights has been always combated at the Yam^n, and I should doubt that Mr. Hart's advocacy is more favourably received. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure in No. 2. Proposals for the better Regulation of Commercial Relations ; being a Memorandum called for by the Tsungli Yamen (Board of Foreign Affairs, China), and drawn up by the Jnspector-'General of Customs, Peking, January 23, 1876, 1. — Inspector-General's Despatch. The Inspector-General of Customs to their Excellencies His Imperial Highness the Prince of Kung and the Ministers of the Tsungli Yamen (Board of Foreign Affairs), Peking, Inspectorate-General of Imperial Maritime Customs, Peking January 23, 1876. 1. THE Undersigned has the honour to acknowledge (he receipt of the Yam^n's despatch of October 6, 1875: — [Despatch quoted in full, j 2. The Undersigned would observe that to attempt the better regulation of all matters connected with the taxation of the commodities which pass through the ports open to trade is in point of fact to essay the better regulation of commercial relations —that com mercial relations of necessity briiig in their train questions concerning person and prooertv requiring judicial decisions for their settlement,— and that the various arrangements which thus come to he called for commercially and judicially necessitate governmental or admin- istrative action m various directions, in giving effect to the Yam^n's instructions the Undersigned has accordingly arranged his proposals under three general headings viz Commercial, Judicial, and Admistrative, prefaced and supplemented by introductorV and concluding remarks; and the plan adopted in the treatment of the subject has been to state the more salient features of existing arrangements with the complaints they have called forth from both native and foreigner, and then, guided by those complaints and their causes, submit such suggestions as are thought hkely on the one hand to put a stop to the complaints that have hitherto existed, and seem calculated on the other to secure for both native and foreigner the rights, privileges, and advantages to which they are entitled respectively. 3. As for commercial requirements — the principle running through past and present arrangements is one which distinguishes between persons and not between things, and the natural result is a jealous and angry feeling on all sides ; the commercial proposals now submitted make no distinction of persons, but are based on distinctions in things ; they place both foreigner and native on the same footing and make it impossible for either to say that the other possesses an unfair advantage. As for judicial requirements — the principle running through the arrangements that have come down to. us from the past is again found to be one which gives prominence to distinctions in persons and not in things, and no procedure is established for the joint action which ought to have place where both foreigners and natives are concerned ; the judicial proposals now submitted not only provide for procedure but recommend a common code for mixed cases. As for the governmental or administrative action that the management of commercial relations and settlement of judicial business call for — the most striking feature of past and present arrangements has been that they appear to have provided for only one, instead of for both parties, and that they have been devised with so little reference to reciprocity, that to regard them with entire approval is an impossibility ; the administrative suggestions now submitted give prominence to reciprocity and advocate the introduction of such arrange- ments as shall be fair to both parties, and satisfy all alike. 4. The " Memorandum of Proposals " is now submitted, inclosed. If allowed to be given a trial to, its recommendations will be found to be of a nature that can be safely undertaken by the locality and be given full effect to by the Customs, and, at once securing what is useful and guarding against what is harmful, will be attended with no small benefit to general interests. (Signed) ROBERT HART, Inspector- General of Imperial Maritime Customs. 4 loclosure. Inspector-General's Proposals. Index. Introductory Coniiuercial Judicial . . Administrative Concluding I II III IV V I. Introductory : — Sections 1 to 7. 1. The Yamen's instructions; what they call for, and aim at. * 2. Whatever is recommended must bear two sets of tests, S. Past arrangements and present situation : their more striiiing features. 4. Foreigners desire growth, an4 are progressive; Chinese aim at self-preservation, and are conservative. 5. Ex-territorial stipulations as seen from two opposite standpoints. 6. What proposals must do to be acceptable. 7. Past arrangements elicited three kinds of complaints — Commercial, Judicial, and Administrative; the proposals now submitted similarly classified. II. Commercial :— Sections 8 to 22. 8. Commercial complaints : Port and Inland. 9. „ „ Port complaints. IQ. „ „ » ,y Import Trade, 11. „ „ „ „ Export Trade. 12. „ „ Inland complaints. 13. „ „ Chinese counter-charges. 14. „ „ „ „ Port. 15. „ „ „ „ Inland. 16. „ „ the necessary, not accidental, result of the Treaties. 17. „ „ how their causes can alone be removed. 18. Commeircial Proposals— First set : To change present, and substitute presumably better arrange- ments. 19. „ „ Second set (alternative) : To interpret existing stipulations liberally. 20. „ „ Third set (alternative) : To interpret existing stipulations strictly. 21. „ „ Fourth set (alternative) : To invite mercantile suggestions. 22. Proposals to be weighed from standpoint furnished by preceding remarks. III. Judicial :— Sections 23 to 32. 23. Judicial stipulations of the Treaties. 24. Complaints originating in treatment of cases affecting Person. 25. „ „ ,, „ Property. 26. „ „ ,. „ Revenue Laws. 27. Complaints point to differences in Principle, Law, Procedure, and Penalty. 28. Judicial Proposals — First set : To establish a common code, &c., for mixed cases. 29. „ „ Second set (alternative) : To establish procedure for joint action in mixed cases. 30. „ „ Third set (alternative) : To establish procedure for settlement of cases growing out of loss of life. 31. „ ,< ' Fourth set (alternative) : To enable each to know how the other proceeds. 32. What is chiefly wanted to silence judicial complaints. IV. Administrative : — Sections 33 to 44. 33. Connection in which administrative questions come up for consideration. 34. Explanatory of the complaints styled " Administrative." 35. China: why unwilling to welcome innov.ition. 36. „ why unwilling to follow foreign advice. 37. Ex.territoriality : wiiat it eflects, and what it obstructs. 38 „ it renounced, what would result ? 39. „ what the foreigner values and China fears in the word, not identical. 40. Administrative Suggestions — First set: To establish uniformity of treatment. 41. „ „ Second set (alternative) : To establish reciprocity in treatment. 42. „ „ Third set (alternative) : To establish sameness in Treaties. 43. ,, „ Fourth set (alternative) : To establish speedier revision of Treaties, 44. What is chiefly wanted to silence administrative complaints. V. Concluding : — Sections 45 to 50. 45. Changes in, not confirmations of, existing arrangements wanted. 46. Advantages likely to follow adoption of first sets of proposals. 47. Some foreign objections indicated. 48. Some native objections indicated. 49. Commercial, Judicial, Administrative, — why this sequence was adopted. ^0. Conclusion. l.-^^lntroductory. § I. A necessity having arisen for the intro access to the port under the " favoured-nation " clause. Moreover, if the opening of new ports be conceded now, how could China assent to the demands other Powers (at a future time;,, or at the time of Treaty revision) misght make for the op&ning of more ports ? Before, when the question of adding to the Treaty ports was discussed at th6 revision af the (British] Treaty,- the plan adopted was that one port should be given in exdiange for another. But if, in future, it is proposed to go on opening ports indefinitely, not only is China without an unUmited. number of ports to open, but there would be no ports to exchange. The Yam^n, in intrusting the consideration of this subject to the Inspfictor-General, has only, in conclusion, to impress on him that his proposals must involve no injury to China, and that they must be such as can be easily worked and effectively carried out at the Custom-houses and barriers, and also be susceptible of a satisfactory explanatiaia to anyone who' may discuss them. If this is not done, not only will no advantage be derived, but those who are willing to carry them out will not be able to do so ; and, rather than break faith through failure in performance, it would be better to arrange to deal with foreign goods and opium in accordance with existing Treaty regulations, and carry out the former proposals of adjusting the U-kin taxes in such a way as to secure their exemption. Moreover, if the Chinese public again discuss the question of transit duty and the general levies on ships, pulse, &c., the withdrawal of prohibitions must be capable of satisfactory explanation, and the Yam^n must not find itself without effective argumeBts agiainst- oblections. However, of all the above considerations, what must be sought for as of the most importance is a scheme capable of being effectively worked. Accordingly, ^the Inspector- General is asked ,to draw up a Memorandum on these points for the Yam^n's considera- tion — a Memorandum whose proposals shall be advantageous and not harmful ; otherwise time will be wasted in idle discussions, without ever obtaining practical results. October 6, 1875. The discussions which preceded and accompanied the issue of these instructions need not be specially or separately dwelt on : in one connection or another all the points raised will be adverted to in the following paragraphs, but they will be treated of as part of the general question, and not as having formerly come up on such and such occasions. Besides, the dates fixed for Treaty revision have already arrived for some, and will soon be arriving for the other Treaty Powers, and it is accordingly thought better to deal with the subject as affecting, and affected by, all. The instructions call for such proposals for the better regulation of commercial rela- tions as shall be — (1.) Suited to the locality ; (2.) Feasible for the Customs ; and — (3.) Acceptable to all the Treaty Powers. The difiiculty of drawing up proposals that shall at once meet aU these conditions is apparent, but the wisdom of imposing such conditions cannot be questioned. Tf not suited to the locality in which they are to be operative, new rules will but cause fresh troubles ; if not feasible for the Customs, new rules will but elicit new complaints ; if not acceptable to all the Treaty Powers, new rules will not only result in a greater divergence from uniformity, but, applied where inoperative and withheld where operative, will prove self-destructive, engendering endless confusion, and causing reclamations on all sides, as well from those who were, as from those who were not, parties to them. The Yam^n's instructions make special reference to revenue and taxation, but what is really wanted is a set of proposals for the better regulation of commercial relations generally ; and what is to be effected by this better regulation of commercial relations is, on the one hand, the removal of whatever is injurious to the rightful interests of foreign trade ; and, on the other, the suppression of such abuses as affect native trade and native revenue unfairly. It is, in short, desired to eradicate every cause of complaint, and place commercial relations generally on such a footing that they, at least, and the kind of intercourse they necessitate, shall occasion no unpleasantness between the Treaty Powers and China. § 2. In order to prepare the wa\ for the proposals to be now submitted, it is neces- sary to indicate some of the more striking features of existing arrangements, describe the complaints they have called forth, and state the requirements of both foreigner and native. This is all the more necessary, inasmuch as, in order that proposals shall meet the condi- tions formulated in the Yamln's instructions, the matter of any proposal must first bear to be tested fi-om the standpoints furnished by two sets of circumstances, viz. : — (1.) Circumstances that are likely to induce China or Treaty Powers to accept or reject any proposal when suggested ; and — (2.) Circumstances that are likely to further or impede the working of any proposal when adopted. § 3. It ir, trade that brings foreigners to China, and it is for the protection and extension of trade that Treaties have been made. The trade of the day may be described thus : it gives freight to about 10,000,000 tons of foreign shipping annually; imports may be valued at li8,000,000/., and exports at 27,000,OOOZ. ; the revenue accruing to China is 4,000,000Z. ; 340 foreign firms are engaged in business, and about 3,500 foreigners are resident at the open ports. Of the trade, 70 per cent, is Enghsh, 10 per cent. American, and the remaining 20 per cent, is made up by France, Germany, and the ten other Treaty Powers. The more striking features of the Treaties may be said to be as follows : — At this date there are fourteen ports open to foreign trade ; but as yet there is no authoritative defini- tion of the word " port," and port hmits are nowhere marked out. Foreigners are allowed to settle at the ports and travel in the interior, but are not to reside or rent hongs inland. Merchandise on arrival at a port pays import duty, and on departure export duty, according to a tariff intended to lay a charge of 5 per cent, ad valorem on all commodities; but after payment of import duty and before payment of export duty, imports and exports are sub- jected to other taxation ; further, merchandise of foreign origin may be taken inland, and native produce for foreign export brought from the interior, free from other charges on 7 payment of a transit due equal to half the Tariff duty (2J per cent.), or, if it be not elected to pay the transit due, on payment of ordinary local charges ; but the transit rule is held by China to cover imports only from port to place, and produce only when intended for foreign export. Unsaleable goods re-exported are entitled to drawbacks ; but China limits the time within which drawbacks may be claimed. Where foreigners alone are concerned, all questions of life and property are arranged by their own officials, the Consuls, and where both natives and foreigners are concerned, native and foreign officials may act in communication ; but such conjoint action is left to chance, and no fixed procedure has been laid down for the guidance of either side. Consular officers are stationed at the ports and Ministers are resident at Peking ; but the ministerial position at Peking is not accorded those privileges which are its rights in other capitals. Finally, one of the results is, that, as the Treaties provide one kind of treatment for the foreigner, and the laws another for the native, occasions are constantly presenting themselves, on which it is to the foreigner's advantage to be treated like a native, and to the native's advantage to be treated like a foreigner. Such are some of the sahent features of existing arrangements, and among them the most remarkable are the exterritorial articles. The foreigner's fore-knowledge of his own requirements dictated the stipulations the Treaties contain, and the native's awakening consciousness of his international status, and of the effect of Treaties, upon his domestic condition, has ever since made him anxious to shape their working. It is not to be wondered at that the foreigner should have sought for and secured exterritorial privileges, and just as little is it to be wondered at that the creation of such privileges should have led China to view foreign intercourse from a standpoint which very few foreigners as yet. realize. § 4. If it is asked what more the foreigner wants in China, seeing that he has all that the preceding paragraph enumerates, the reply is, that on the foreign side the end now sought for is freedom for every kind of trading or industrial operation, and with that freedom is claimed ample protection for all concomitant rights. Resolve this generaliza- tion into its components, and it means that the foreigner wants unrestricted access to what- ever place interest suggests; taxation according to a fair, fixed, and uniform Tariff; improved means of locomotion and transit; right to use all appliances suited for the development of local resources and new industries ; and foreign, as distinguished from Chinese, treatment for person and property. On the Chinese side, the object hitherto and still kept in view has been, and is, self- preservation ; change is not welcome — change is always suspected and subjected to coun- teracting influences on every side — change is only recognized as a native growth when it takes root and spreads imperceptibly and healthily among the people of a locality — change is rarely accepted on foreign suggestion except 'when imposed by foreign force. Thus, foreign and native aims — the one progressive and ,the other conservative — are at once seen to be of such a kind that the foreigner must be content to wait with patience for native developments if he is to gain his end peaceably, and the native must acquire an enlightenment of a kind yet fittle known in China, if he is to move forwards of himself towards, and finally acquiesce in, the same result. As for this Chinese desire to keep change at a distance, the impossibilities of such a programme are gradually becoming more generally known and acknowledged. § 5. While following up his own aims in China, the foreigner carries with him one striking peculiarity — exterritoriality. He comes to China for gain, but he first of all-wants what he considers security ; he has thus got almost complete exterritoriality, and to it he seeks to add almost as complete liberty of action. But, whatever the demands of com- merce may be, home Governments cannot but admit that there are here and there restric- tions in themselves proper to be enforced. When China acquiesced in various Treaty stipulations, it never occurred to her that what she was conceding was what goes to constitute w^hat is now termed exterritoriality. The stipulations gradually showed their shape, and what they concede and how such con- cessions operate on the country tha,t grants them, are now increasingly understood in China. Such an arrangement may, of course, save China the trouble (if setthng inter- foreign disputes ; but its advantages in this direction have not been found to compensate for what is felt to have been thereby lost in governmental tone. Accordingly, when the foreigner seeks for extension of intercourse and greater freedom generally, and couples with the request for this the demand that he shall remain on the same footing, i.e., exterritorialized, friendly negotiation has difficulties to encounter that were unknown to first-comers who dictated Treaties. In view of the fact that exterritorial stipulations do exist and are really operative, it.is evident that any proposals which do not make adequate provision for the security of life- 8 and property will not be acceptable to the Treaty Powers, and in view of the fact that, whatever they may contain of what is expedient and useful, exterritorial stipulations do contain a something that the Government concerned must sooner or later take exception to, it is equally evident that any proposals which ignore what China feels and says on the subject of existing arrangements will similarly be unacceptable to China. Accordingly, in reviewing the commercial side of intercourse, it becomes necessary to consider also what Commercial Treaties have done by way of giving a peculiar status to the foreigner, and for the settlement of questions to which he is a party. § 6. China recognises the fact that the foreigner differs from the native in countless ways, and that special arrangements are necessary for his affairs ; China is as ready to acknowledge this as the foreigner, seeing how different are natives from foreigners, is to demand special treatment ; and, taking it for granted that on both sides there is a sincere desire for friendly relations, it ought not to be impossible to find a common mean. But to really find this, it is the facts of the day, and not the legislation of a former period, that must be given prominence. Foreigners not being at all likely to surrender what may be called defensive exterritoriality, and ©hina not being at all likely to invite foreign suggestions or willingly assent to foreign demands while what may be called aggressive exterritoriality is main- tained, the proposals the Yam^n's instructions call for — ^if they are to have any practical value — must put forward considerations that are calculated (1.) To convince the Treaty Powers that the limitations of any stipulation afford sufficient margin for the exercise of the rights it guarantees ; (2.) To induce China to see that the concession is not unlimited ; and, (3.) To promise an improvement on the regulations and procedure now existing. § 7. What, then, is the foreign complaint that has resulted in the issue of the instruc- tions now received ? Taken at its widest, the foreign complaint is that China does not let foreigners do in China, plus exterritoriality, what they suppose they would be allowed to do at home. Foreigners cannot establish themselves at pleasure in the interior ; cannot open mines ; cannot make railways ; Chinese themselves are not allowed to introduce foreign appliances ; foreign goods are taxed at the Treaty ports where, having paid import duty, they ought to be free, and, after next paying transit dues and thus purchasing (it is said) the right to future exemption, are again taxed in the interior times without end. Foreign claims, whether against defaulting traders or Treaty-violating mandarins, are always trifled with and never satisfied ; foreigners are insulted, assaulted, killed, and redress is either not obtainable, or is of such a kind and so tardily granted as to only aggravate the original offence, &c., &c., &c. Viewed as to their origin and nature such complaints or causes of complaint may be arranged under three general heads : — (1.) Commercial, or Treaty rights withheld and interfered with ; (2.) Judicial, or litigation unsatisfactory and rarely successful ; and, (3.) Administrative, or suggestions for progress not adopted. Under these heads, and in the same order, will now be found some remarks on each class of complaints^ followed by the proposals the Yamln's instructions call for. II. — Commercial. § 8. When we examine what the foreigner says about intercourse from the com- mercial point of view, it is found that Treaty provisions are spoken of as not having full effect given to them ; and the complaint is that Treaty rights are here withheld and there interfered with. It will be convenient to look into these complaints under two headings : — (1.) Port complaints ; and, (2.) Inland complaints. But it is throughout to be remembered that foreign complaints of rights withheld are accompanied on the other side by Chinese counter-charges of privileges abused, § 9. Under the first heading, port complaints, foreigners allege — (1.) That their import business is checked by the heavy taxes levied on foreign goods at the ports in the form of li-kin and other charges, after and in addition to the payment of import duty ; and, (2.) That their export business is in turn hampered because they are called on to prove payment of inland taxes, or pay transit dues in default of proof, on native produce purchased at the ports. § 10. As regards import business, it is beyond dispute that li-Mn and other taxes are levied on imports at the ports j at Shanghai, Amoy, Foochow, and latterly at Tientsin, such charges have been notoriously heavy. On the one hand China maintains that no special areas are included in what are called Treaty ports, that no stipulations have been made as to what is not to be done at Treaty ports ; that the Government has as much right to levy such additional taxes at the ports themselves as it has to levy them on duty paid imports at any place in the interior ; and that there is no reason why people should be exempted from such charges at the ports any more than inland. There are various considerations to be urged in support of the position thus taken up. On the other hand the foreigner holds that his payment of import duty ought to admit his goods into circulation at the " port " without further charge ; that the wording of the TariflF rules, which interpret the transit privilege and fix the transit procedure, by making transit dues leviable onl5'- when a commodity is passing the first barrier on its way inland, jiot only constitutes that barrier the dividing line between port and interior, but implies that, till that line is crossed, goods are of course not to be called on to pay additional charges, and thus postulates his right to port exemption ; and that, as for charges paid by people at the ports compared with those paid by people in the interior, in the natural order of circumstances, increased distance from the place of production entails additional charges and enhanced value. Here, again, there are many considerations to be urged in favour of the foreigner's views. The one thing that there is no doubt about is that heavy li-kin charges do exist and do obstruct the growth of import business. At the same time, when the foreigner goes on to say that, if these heavy port charges are abandoned, import trade will increase and import duties make up for lost li-kin, China replies that, be that as it may in the abstract, if li'kin is not collected now, inland tranquillity, so essential to the continuance of even the trade of to-day, cannot with certainty be maintained. Again, when the foreigner complains that his opium business is harrassed and interfered with by the surveillance exercised and arrests made at his very door by the li-kin officers and spies, the Chinese retort that it is necessary ±o act thus, seeing that the native smuggler has always the sympathy and aid of the foreign trader. It is thus at once evident that each party owes full consideration to the statements of the other, and that the conflict of rights and interests on both sides can only be arranged by mutual concessions. § 11. As regards export business, the Chinese demand for transit dues where proof of payment of inland taxes on native produce purchased at a port is not forthcoming, has its pros and cons also. On the Chinese side, it is urged that the TariflF rule supports the demand : " Permis* sion to export produce which cannot be proved to have paid its transit dues will be refused by the Customs until the transit dues shall have been paid," — and it is argued that, even without this express rule, the demand is in itself reasonable. On the foreign side, it is replied that the words quoted have special reference to produce brought from the interior under transit passes, and do not apply to produce generally, and that it is not fair to demand such proof from an exporter of produce ; for how can he adduce it, seeing that his total shipment has been bought piecemeal on twenty or thirty different occasions from forty or fifty different middlemen, who in turn had purchased in small lots from producers, which producers had brought their produce to the market at different times, by different routes, and had paid transit dues or inland taxes at various barriers and oflices ? Thus each has a something with which to support his claim, and here again it is consideration for each other's views and mutual concession that will affect most. The Chinese Government has a fair right to protect itself against loss of inland revenue as the result of the transit privilege it has conceded, and the foreigner has as fair a claim to be freed from a burthen which ought not to be put on him. § 12. Under the second heading, "Inland Complaints," the foreigner alleges ; — > (1.) That transit certificates are not respected en route ; (2.) That after arrival at their destination, transit-paid imports are again subjected to local taxation ; (3.) That foreign goods in the interior are either differentially or prohibitorily taxed : and (4;) That, by means of various changes collected from producers, the transit privilege for native produde brought from the interior for foreign export is completely neutralized. In reply, China urges the necessity for raising funds, a necessity which exists and [678J C 2 10 operates in China just as in other States, and the difficulty of preventing mistakes along routes that are only recovering tranquillity after a long period of rebellion. ■ ^Further, pointing to the abuse of transit privileges by foreigners, China maintains that transit certificates merely protect from taxation en route, i.e., from port to place inwards and from, place to port outwards, and contends that, away from the transit certificate, all goods on Chinese ground are simply Chinese goods, whatever their first origin ; the payment of transit dues does not entitle native produce to receive back what it had previously paid by way of local taxes, nor does a similar payment in the case of foreign merchandise free it for ever after from all further taxation. That the case is as the foreigner complains cannot be wholly denied ; as little, or less, can it be said that there is no force in what China puts forward in reply. But even admitting 'that the occurrences foreigners object to have been sufficiently numerous to warrant remonstrance, it must be pointed out that while, on the whole, very few instances of refusal to respect transit documents have been actually adduced, the majority of the few known cases have really been cases in which either transit documents were being used for goods they ought not to cover, or non-transit- paid goods were travelling in company and mixed up with transit-paid goods — in a word, in the majority of known cases there has been quite sufficient reason for supposing that the transit privilege was being abused. The transit system has existed some fifteen years ; tens of thousands of certificates have been issued, and not twenty cases in all have been instanced in which the certificates are known to have actually failed to do what they were intended to accompUsh, a fact which, notwithstanding what the one party says about interference with, and the other about abuse of, the transit privilege, on the whole, speaks well both for the system and themselves. At the same time, seeing that complaints do exist — complaints, on the one side, of a transit right not respected, and on the other, of a transit privilege abused — not only would it be well to have an authoritative declaration of the intention and scope of the transit stipulation, but advantage ought to be taken of the opportunity to reconsider the general question, and introduce any improvements likely to help the satisfactory working of the very important rules which provide for access to both inland marts and producing districts. § 13. But while thus much is said about foreign complaints concerning Treaty rights withheld or interfered with at the ports and in the interior, it must not be forgotten that China has also put forward counter-charges, and that this review of the conditions subject to which the proposals called for must be made, would be incomplete were Chinese complaints neither indicated nor examined. § 14. Thus, at the ports, China complains — (1.) That foreigners act as consignees for Chinese-owned, foreign-bottom-brought goods, to enable those goods to evade the local charges payable on native- bottom-brought goods of the same description, and that they thereby defraud the revenue and place _ Chinese trading in their own names at a disadvantage. The foreigner replies that, (1), the flag covers the goods, and that what is entered under one Tariff — the foreign — is not liable under the other — the native ; and besides argues, (2), that having already paid import duty according to the foreign Tariff, it is unfair to the goods, and harmful to the interests of foreign shipping, to let them be taxed further. Both clauses of the reply have something in them ; but so has the complaint ; moreover, it must be allowed, that, whatever else Treaties and intercourse aim at doing, it is not intended or desirable that their provisions and conditions should be wrested to injure Chinese revenue. The matter is clearly one that ought to be attended to, and arranged for. (2.) That foreigners convoy opium for Chinese, to prevent the collection of li-kin. The preceding remarks apply to this also, but it may be added that this practice of convoying opium is not only less justifiable than the act of appearing as consignee of Chinese-owned Chinese goods, but, if carried to a certain point, becomes criminal, and exposes the person concerned to the greatest personal risk. (3.) That foreigners make it part of their port business to sell their names and transit documents to Chinese to cover produce brought from the interior, but neither intended for foreign export nor in any way the property of foreigners. This complaint is connected with those that follow under the heading of Chinese Inland complaints. § 15. While it is thus at the ports, it is complained inland — (4.) That foreigners bring down produce from the interior for Chinese, and that, as such produce is not intended for foreign export, and does not concern foreign trade, goods are thus brought under the transit rule which ought not and were not intended, to have 11 the benefit of it, not only causing loss to local and special revenue, but creating for one man's goods unfair advantages over those of other men. This complaint is believed to be. founded on fad, and the proceeding is, beyond question, an abuse. Its rectification would form part of any authoritative declaration of the. scope of the transit rules. (5.) That foreigners purcliase produce inland, and, after passing it "in transit" at. various barriers without payment of taxes, sell it in the interior, thus escaping both local tax and port transit due, causing loss to revenue, and competing unfairly with native traders. It is doubtful whether there have been many instances of such inland trading, but it is not an impossibility, and, in any re-arrangement of the general question, the rectification of this possible abuse ought not to be overlooked. (6.) That foreigners engaged in a lawful transit business engage at the same time in an illegal inland trade alongside of, and covered by the lawful trade, e.g., by both buying and selling produce in the interior, and by carrying goods not entered for transit in company with goods covered by transit documents. This charge may or may not be well-founded ; in any case, the complaint needs to be kept in mind. (7.) That foreigners defy the officials at the inland barriers and refuse to submit to examination. If this occurs the foreigner is clearly doing wrong, but to permit it to occur is the fault of the barrier officials. Such complaints were often heard some years ago, but latterly no instance has come under notice. § 16. It will be seen that both foreign and native complaints at the ports and in the interior are not chance growths, but the necessary products of a system and its rules. Commercial intercourse may be said to mean, first of all, exchange of products ; thus commercial intercourse between China and not-China would mean exchange of China's for not-China's products. But commercial intercourse between China and not-China under the Treaties covers something more ; it means not merely exchange of China's for not-China's products, but goes further and authorizes not-China to engage in China's internal trade, — in the exchange of the products of ariy one part for those of any other part of China. It does not even stop here — it goes still further ; it means that not-China shall engage in China's internal trade, not in accordance with China's regulations and tariffs for native traders and inland budgets, but in accordance with a novel systenl devised for not-China's advantage as a foreign trader, and a tariff and regulations originally intended for foreign and not native trade. The foreign tariff and its attendant rules may be unobjectionable as long as their operation is restricted to commercial intercourse in its first signification ; but, set up in competition with a native system and applied to internal or domestic trade, they have created a serious derangement in China's affairs. At every point they favour the enterprise of the native who breaks native laws, and while they thus act injuriously on honest Chinese traders, they also create difficulties for and make enemies of the officials who administer native laws ; at some points they even restrict the foreigners' own operations. The result has been harmful to native merchants and native revenue, and the sense of this has again resulted in opposition to the extension of foreign intercourse and interference with the rights of foreign commercial intercourse properly so called. Most if not all of the complaints are to be traced directly or indirectly to the contemporaneous existence of two systems — a foreign tariff and a native tariff — side by side, and until this is changed complaints must continue to be uttered. §17. What precedes in a word amounts to this : the foreigner complains that China violates his Treaty rights. China complains that the foreigner abuses his Treaty privileges. New rules ought, therefore, to aim at doing two things : they ought to reduce China's temptation to violate the foreigner's Treaty right to a minimum and make the abuse of Treaty privileges an impossibility for the foreigner, and they must neither create new burthens nor rescind existing privileges. These ends can only be secured when each party is really desirous of a fair and satisfactory settlement, and ready to concede to what the other urges all the consideration the circumstances merit. The commercial proposals will now be submitted in four alternative sets. § 18. Commercial Proposals. First Set. — Seeing that foreign commerce is really interested in but a few of the hundreds of classes of articles that reach and leave Chinese ports, and in order, on the one hand, to secure for these few classes the fullest possible benefit of the widest interpretation of the Treaty rights held by some to already exist, i.e., freedom from all taxation on payment of a fixed tariff duty, and, on the other, to secure for China the greatest possible exemption from any abuse of Treaty privileges in 12 respect of all other goods, i,e,, no right to exemption from necessary local taxation, it is proposed :— Imports. (I.) That, on the one hand, the Treaty Powers shall consent that the following imports, say, cottons, woollens, metals, and sugar, shall pay import duty and transit due simultaneously to the Maritime Customs on arrival at a Treaty port ; and that, on the other, China shall consent that the said goods shall be for ever after in all parts of China, whenever, wherever, and with whomsoever found, free from every kind of local, territorial, or special tax. (2.) That, on the one hand, the Treaty Powers shall consent that opium shall pay an import duty of 120 taels' per picul to the Maritime Customs on arrival at a Treaty port, and that away from the port, i.e., at a distance of thirty li from the Custom-house, it shall be regarded as a Chinese commodity, and be subject to local, territorial, and special taxation, whenever, wherever, and with whomsoever found; and that, on the other, China shall consent that no other charge shall be levied at the port. (3.) That, on the one hand, China shall consent that all other imports shall be freed from payment of import duty and transit due to the Maritime Customs on arrival at Treaty ports ; and that, on the other, the Treaty Powers shall consent that all such goods shall be dealt with after landing— but not in connection with landing — ^by the local terri- torial authorities in accordance with local regulations. (4.) That, on the one hand, China shall consent that at distributing ports having a direct foreign import trade, such as Shanghae, the duty-paying imports above named may be entered as "in transit for other ports," and, a bond being given by the original importer, be freed from payment of import duty and transit due for a period of months or till arrival at another port ; and that, on the other, the Treaty Powers shall consent that three years after arrival re-exports shall not be entitled to '' drawbacks." Exports. (6.) That, on the one hand, China shall consent that the following exports — the staples of foreign trade outwards — say, tea, silk, sugar, and cotton, shall be exempt, whenever, wherever, and with whomsoever found, from every kind of local, territorial, or special tax in every part of China ; and that, on the other, the Treaty Powers shall consent that the said goods shall pay export duty and transit due simultaneously to the Maritime Customs on shipment at a Treaty port. (6.) That, on the one hand, China shall consent that all other exports on shipment at Treaty ports shall be freed from the payment of export duty and transit due to the Maritime Customs ; and that, on the other, the Treaty Powers shall consent that all such goods shall be dealt with in every part of China — but not in connection with shipment — - by the local territorial officials in accordance with local regulations. TVansit. (7.) That, on the one hand, China shall consent that foreigners and natives may alike take, send, buy and sell cottons, woollens, metals and sugar inland, without being anywhere or at any time subject to any tax or charge whatever ; and that, on the other, the Treaty Powers shall consent that foreigners or natives who may take, send, buy or sell other goods inland may alike do so, but without exemption from any local, territorial, or special tax or impost. (8.) That, on the one hand, China shall consent that foreigners and natives may alike bring, send, buy or sell tea, silk, sugar, or cotton from, to, or at inland places, without being anywhere or at any time subject to any charge whatever ; and that, on the other the Treaty Powers shall consent that foreigners or natives who bring or send, buy or sell other Chinese produce from or to or in the interior may alike do so, but without exemp- tion from any local, territorial, or special tax or impost. (9.) That all transit documents being thus done away with, aliens must carry with them the prescribed passport when travelling in the interior. Treaty Ports. (10). That in return for this general re-arrangement of the commercial question China shall consent to open new ports to foreign trade,— say, Chungking, Ichane:' J^ganking, Wuhu, Wenchow, &c. ' °' 13 Revision. (11.) That in return for this general re-arrangement of tlie commercial question, the Treaty Powers shall consent that every fifth year there shall be revision of the Commercial Regulations and Tariff, when the list of duty-paying goods, rates of duty, differences of rate resulting from differences in measurement and quality, &c., shall be reconsidered; the revised rules, &c., to come into operation the following year. § 19. Commercial Proposals: Second Set. —Supposing that the first set is negatived, and seeing that complaints have their origin, on the one hand, in want of clearness in the Treaties, and, on the other, in difference of rules for natives and foreigners, — seeing, besides, that, in point of want of clearness, the chief defect in the Treaties is in the provisions respecting merchandize that has paid duties or transit dues, and that the chief evil resulting from difference of rules is the impossibility of uniformity, it is proposed : — (1.) That imports of foreign origin, after payment of import duty, shall be free from every kind of tax at the port, and shall not be again taxable till, when crossing the line that divides port from interior, transit dues are leviable : a Mixed Commission to sit at each port to determine the port area and fix the boundary line. (2.) That imports entering the interior may do so with or without transit papers : if without transit papers, they are to be liable for all local taxes, no matter in whose hands, and if carrying transit papers, which natives and foreigners may aUke procure on payment of the Treaty transit due, they shall be free, no matter in whose hands, from all taxation both en route from the port and on arrival at the place. On sale at the place of destina- tion, or on departure from it, the transit papers are to be given up, and the goods, no longer protected by the certificate, are to be held liable for all future local taxes, no matter in whose hands, like all other non-transit-paid goods ; but such goods are not to be differentially taxed or in any way called on to make up for charges escaped while travelling under the protection of transit papers. (3.) That native produce from the interior may be brought down by natives and foreigners alike under transit papers — or, if tliose concerned so desire, without transit papers and like all other Chinese goods, i.e. without exemption from any local tax. If brought down under transit papers and exempted from local taxation, such produce, on arrival, must be entered at the Maritime Customs as " in transit." When subsequently shipped to a foreign country, it shall pay export duty and transit due ; if shipped to another Treaty port, it shall pay export duty and an inland due equal to the export duty ; if not shipped to foreign or Treaty port within months from arrival, the person who registered the produce as "in transit" shall pay an inland due equal to twice the export duty. (4.) That foreign imports, whether with or without transit papers, may be disposed of en route, but native produce once entered for transit, and travelUng under transit papers, may not be disposed of inland, but must be brought to the Treaty port, failing which the merchant concerned will be required to pay a fine of taels. Where transit- paid and non-transit-paid goods travel in company, the merchants concerned must hand lists of their goods to the barriers met with ; if any non-transit-paid goods are found travelling with transit-paid goods and are not reported by the merchant, all the goods, whether transit-paid or not, will be confiscated. (5.) That re-exports shall not be entitled to drawbacks unless re-exported within three years from first arrival. (6.) That there shall be a revision of the Tariff and Tariff Rules evety fifth year* and that the revised Tariff and Rules shall come into operation the following year* § 20. Commercial Proposals : Third Set. — Supposing neither first nor second set to ht accepted, and supposing that the meaning of the Treaty really is, that, after payment of import duties, foreign goods, alike at the port and in the interior, are taxable like all Chinese goods, and are only to be exempted from taxes while travelling from a port to a place accompanied by transit papers, it is proposed : — (I.) That it shall be authoritatively stated that, whether owned by natives or foreigners, imports of foreign origin may be taken inland under transit papers from port to place by Chinese as well as foreigners, and that the transit papers are to be surrendered on arrival at the place, and the goods thereafter regarded as Chinese goods, liable for all charges, no matter in whose hands. (2.) That when produce is brought from the interior under transit papers, thp bringer shall deposit a promissory note for the Value of the produce with the Customs, and thatj in the event of the produce being exported to a foreign port within months from arrival, the promissory note shall be cancelled j failing this, the promissory note shall be presented and enforced. 14 (3.) That foreiga imports, whether with or without transit papers, may be disposed of en route, but native produce once entered for transit and travelling under transit papers, may not be disposed of inland, but must be brought to the Treaty port, failing which the merchant concerned will be required to pay a fine of taels. Where transit-paid and non-transit-paid goods travel in company, the merchants concerned must hand lists of theii' goods to the barriers met with ; if any non-transit-paid goods are found travelling with transit- paid goods and are not reported by the merchant, all the goods, whether transit-paid or not, will be confiscated. (4.) That re-exports shall not be entitled to drawbacks unless rercxported within three years from first arrival. (5.) That there shall be a revision of the TariflF and Tariff Rules every fifth year, and that the revised Tariff and Rules shall come into operation the following year. §21. Commercial Proposals: Fourth Set. — The first set comprises the proposals thought most likely to be really useful to both foreigner and native ; the second set follows the more liberal interpretation of the Treaty ; the third follows the less liberal interpreta- tion. Supposing all three sets to be thrown out, a starting-point must be elsewhere sought. It is therefore pioposed : — (1.) That, if ofiicials have no satisfactory propositions to make, the merchants them- selves, with whom the demand for a rearrangement originated, be called upon to propose the rules they wish to be bound by within the limits of existing Treaties. § 22. The remarks that precede the proposals, §§8 to 17, will have prepared the reader to understand the object aimed at by each suggestion, and to see why and where the alternative sets differ from each other. In the concluding remarks at the end of this Memorandum, §§ 45 to 50, will be found some observations on the advantages the various proposals, but more especially those of the first set, are thought to offer. III. — Judicial. § 23. The commercial provisions of the Treaties had naturally to be supplemented by judicial arrangements. The judicial stipulations are as follows : — a. Questions between foreigners shall be subject to the jurisdiction of the foreign authorities. b. Chinese guilty of criminal acts towards foreigners shall be punished by the Chinese authorities. c. Foreigners committing a crime in China shall be punished by the foreign authorities. d. Foreigners having a grievance against Chinese shall state it at the Consulate ; the Consul shall try to arrange it amicably, and, if he fails to do so, shall request the Chinese authorities to assist, that they may examine together and decide equitably. e. Chinese having a grievance against foreigners may state it at the Consulate, and the Consul shall act as before. /. In cases of incendiarism or robbery, the local authorities are to recover stolen property, suppress disorder, and punish the guilty. g. If a foreign vessel is plundered the Chinese authorities are to arrest and punish the pirates, and recover the stolen property. h. Chinese taking refuge at Hong Kong are to be surrendered to Chinese authorities en ofl5cial requisition and proof of guilt, and, at the ports, on requisition. i. If Chinese debtors abscond, Chinese authorities are to do their utmost to arrest and enforce payment. Foreign authorities to act similarly if foreign debtors abscond. k. Chinese incurring debts at Hong Kong, i.e., out of China, the foi'eign Courts on the spot are to arrange. If Chinese debtors abscond and reach Chinese territory, the Chinese authorities, on Consular application, are to do their utmost to see justice done. These stipulations are sufficiently numerous and sufficiently general in spirit and letter to provide for the majority of possible cases ; but, nevertheless, even in judicial matters, the complaints on both sides are many and frequent. Premising that such complaints originate rather in difference of law, procedure, and penalty, than in any premeditated intention to neglect business or act unjustly, some of them will now be noticed under the headings of Person, Propertjv and Revenue. § 24. Where questions affecting Person have arisen, foreigners have complained that their Chinese assailants have not been arrested, or, if arrested, have either not been punished or have been insufficiently punished, or that the real criminals have been allowed to escape and other friendless wretches substituted, or that, where several ought to have been ahke punished, only one has been dealt with, &c. 15 On the other hand, Chinese in turn complain that foreigners assault Chinese witji impunity ; that what China calls murder is invariably excused or made manslaughter by foreign Courts; that where Chinese law prescribes death the offending foreigner is sentenced to only a short imprisonment ; and that, while the foreigner insists that Chinese shall be punished with death where foreign life has been lost, he, on his side, expects China to accept a small sum of money in lieu of a death punishment where Chinese life is lost, &c. The foreigner charges the Chinese official with accepting bribes, and urges that Chinese torture will make any innocent person admit that he is the guilty criminal.; similarly, the Chinese are not convinced that Consuls do not take bribes, and point out that the foreign mode of examining witnesses does not invariably elicit the whole truth, and that trial by jury does not always do justice. Moreover, while the foreigner protects the accused by throwing the onus of proof on the accusers, Chinese will not condemn or punish till the offender has himself confessed his guilt. When these complaints are carefully looked into, it becomes evident that what gives comnion offence to both sides is not that crime is not considered crime, or that the laws do not provide punishments for crime, but that there is no common and uniform procedure. § 25. In the matter of questions affecting Property, complaints of much the same kind are to be heard. The foreigner complains that the Chinese authorities are dilatory, shield their own people, refuse justice, &c. ; and the Chinese complains that the foreign ofScials fear to oftend their own nationals, believe the foreign and reject the Chinese evidence, decide unfairly, &c. More especially the Chinese feels aggrieved when he sees that a foreigner who has a claim against a Chinaman is never content till he has done his utmost to wring the whole amount from the family, friends, or securities of the debtor, while the Chinese who has ,a claim against a foreigner is required to accept a decision which makes the debtor a bank- rupt, and gives the creditor either nothing at all or only so much per cent. Moreover, Chinese complain that foreign plaints are often Chinese plaints in disguise, and assert that the foreigner merely fathers them for a commission, the result being that, when the machinery of a Consular Court is set in operation, one Chinese is enabled to do injustice to another, and effectually screen himself behind the foreigner. As with Personal cases, so too in cases affecting Property, the procedure of the one side does not satisfy the requirements of the other. § 26. When cases arising out of Revenue matters come up, the punishment provided for by the Treaties is confiscation or fine. The penalty of confiscation is prescribed when goods are discharged before permit to open hatches is issued, when goods are landed or shipped, after hatches are open, without permit, when goods are transhipped without permit, when fraud on the revenue is detected in goods for which drawbacks or exemption, certificates are applied for, when vessels trade at non-Treaty-port places, &c. ; and the penalty of a fine is prescribed when masters fail to report their ships within forty-eight hours, or open hatches without permission, &c. There is besides a special article of a general kind which says that when a vessel is concerned in smuggling, the goods, what- ever their value or nature, shall be subject to confiscation by the Chinese authorities, and the ship may be prohibited from trading further and sent away as soon as her accounts are paid ; and another article adds that all penalties enforced or confiscations made are to belong and be appropriated to the public service of the Government of China. While the Treaties have thus enacted rules and prescribed penalties in connection with their commercial stipulations and in addition to their judicial provisions, they have not established Courts to record or procedure to try this class of cases. To remedy this defect Joint Inquiry Rules were subsequently drawn up. These Rules make this distinction : that, whereas the Chinese Customs have presumably already seized and hold possession of the goods concerned in cases for which the penalty is confiscation, while in those cases in which the penalty is a fine, the individual concerned is a foreigner, and, as such, can only be got at through his Consul, it is a mutua(lly fair arrangement, in cases of fine, to require China to prove in the foreign Court that the individual has done what deserves a fine, and in cases of confiscation, to require the parties interested to prove in the Chinese Court that their goods do not deserve to be confiscated. In the one case the Customs authority sits with the Consul in the Consular Court, and may appeal against the Consular decision, and in the other the Consul sits, with the' Customs authority in the Customs Court, and may appeal against the Customs decision. This procedure is fair to all parties ; the open inquiry elicits all facts and gives full publicity, and the right to appeal is adequate protec- [678] D 16 tion against either injustice or harshness. The Joint Inquiry Rules may therefore be held to supply a want, and so far they seem to have worked fairly well. But, nevertheless, complaints are still to be heard: the foreigner, for instance, complains that in cases of confiscation the Chinese Government is pecuniarily interested, and urges that it ought not to have the power of judging where it is itself so directly concerned, and, on the other hand, China complains that where the letter of the Treaty rule is clear and unmistakable, the foreign authority is continually urging that the spirit of it means something else, and invariably construes it in a way adverse to the punishment stipulated to be inflicted. These complaints exist, and the inference is that the matter requires consideration and authoritative adjustment. The Joint Inquiry Rules have established a fixed and intel- ligible procedure, but they have failed to silence complaints, and the procedure cannot yet be pronounced to be the best possible under the circumstances. § 27. — The complaints to be heard on each hand concerning tlie way in which -questions concerning person, property, and tines and confiscations for breaches of revenue laws, are judicially dealt with, all point in the same direction : a common procedure of a kind to silence the objections of both sides is still wanting. Considering that principle, procedure, and penalty all differ, it is no wonder that complaints' are made ; but seeing tfoat there is no desire to be unjust, it is to be presumed that it will be possible to elaborate arrangements that will be accepted by, and be satisfactory to, both foreigner and native alike. The Judicial Proposals will now be submitted : like the Commercial, they are drawn up in four alternative sets. § 28. Judicial Proposals : First Set. — Seeing that on both sides there were laws and punishments long before Treaties were thought of; seeing that the judicial stipulations of the Treaties fully prove that each wishes to act justly and give the other no cause of complaint ; and seeing that the complaints that have originated may be traced to the want of a common procedure, and that therefore the establishment of a common procedure in cases affecting both foreigners and natives is the chief end to be aimed at, it is proposed : — (1.) That disputes between foreigners, and in which Chinese are not concerned, shall continue to be heard and arranged by the foreign authorities. (2.) That for the arrangement of all questions affecting person or property, &c., and which concern both foreigners and natives, a Common Code shall be drawn up. (3.) That a Court shall be estabHshed at each Treaty port to administer the Common Code: that this Court shall be presided over by one of the expectant Taotais, to be appointed to that duty by the Governor of the province, and that there shall be associated with him a foreign co-Judge in Chinese pay : that in cases of importance there shall be two assessors, one to be named by the plaintiff and the other by the defendant : and that this Court shall be empowered to summon foreigners and natives ahke to appear as witnesses. (4.) That in addition to ordinary cases affecting person and property, all Customs cases involving confiscation of goods or fine for breach of regulations, shall be heard and settled by this Court. (5.) That in cases involving not move than dollars, or punishment not exceeding imprisonment, the decision of this Court -shall be final. (6.j That in cases involving more than dollars, or punishment of a more serious nature than imprisonment, there may be appeal within days to the Chief Superintendent of Trade, (7.) That vyhere the sentence of this Court is death, it must be approved of by the Yamen and Minister concerned before being given effect to. (8.) • That there shall be no torture made use of in the examination of witnesses ; that confession of guilt be not required from the accused ; and that perjury and conternpt of Court be punishable by fine and imprisonment. (9.) That lawyers may be employed to prepare plaints, examine and cross-examine witnesses, and draw up arguments in writing for both parties. (10.) That a full report of each case shall be transmitted through the Yam^n to the Legation concerned, for its information. (11.) That the co- Judges shall be five in number: one to reside at Tien-tsin, for duty at Tien-tsin, Newchwang, and Chefoo ; one to reside at Hankow, for duty at Hankow Kiukiang, Wuhu, Ichang, and Chungk'ing; one to reside at Shanghae, for duty at Shanghae, Ningpo, Ohinkiang, and Nganking ; one to reside at Foochow, for duty at Foochow, W^nchow, Tamsui, Takow, and Amoy ; and one to reside at Canton, for duty at Canton, Swatow, and Hainan. ' ■'' 17 (12.) That the Judicial Rules shall be revised every fifth year, and the revised rules take effect the following year. § 29. Judicial Proposals : Second Set. — Supposing the first set of Judicial Proposals, which aim at providing a common procedure, to be rejected, and seeing that, where both foreigners and natives are parties to a cause, if a common procedure is impossible, the next most necessary thing to be done to convince both sides that justice is fairly administered, is joint action, it is proposed : — (1.) That in all cases in which both foreigners and natives are concerned, Consul and native magistrate shall sit together as President and Assessor, the former presiding when the defendant is a foreigner, and the latter when he is a native — that is to say, each in his own Court. (2.) That when the property involved is of value above dollars, or the prosecution arises out of loss of life, the Assessor shall have the power of appealing against the decision of the President to the high authorities at Peking. (3.) That a resiini^ of cases shall be drawn up and circulated every fifth year, and rules of practice be drafted, precedents set forth and arranged, &c., for further guidance. § 30. Judicial Proposals : Third Set. — Supposing neither first nor second set of Judicial Proposals to be accepted, and that neither a common procedure nor joint action is to be looked for, the next best thing to do is to provide for the most important class of cases, and seeing that it is to the procedure in cases arising out of occurrences in which hfe has been lost, that exception has most usually been taken, it is proposed : — (1.) That in all cases arising out of occurrences in which life has been lost, the local court shall make full inquirj-, and send the proceedings to Peking for decision. (2.) That the punishment the crime merits shall be inflicted, and that pecuniary compensations shall not be permitted to be offered or received. (3.) That a list of cases shall be drawn up every five years and circulated for the ventilation of the general question. § 31. Judicial Proposals : Fourth Set. — Supposing that all the preceding three sets of proposals are thrown out, and seeing that some closer acquaintance with each other's procedure is called for, it is proposed : — (1.) That each shall communicate to the other an explanation of what it is the duty of his national Court to do, when a plaint is presented affecting person or property. § 32. From the preceding proposals it will be seen that, where questions arise affecting both natives and foreigners, it is a common code, a common procedure, a common penalty, and a common court that are chiefly recommended. As in the case of the Commercial Proposals, what remains to be said as to the advantages the acceptance of these Judicial Proposals is likely to yield will be found in the concluding section. IV. — Administrative. $ 33. In the introductory remarks, complaints were arranged under three headings. Commercial, Judicial, and Administrative, and in view of the circumstances which condition action it was said in § 6, to be practical, proposals ought to be of a kind to convince the Treaty Powers that the Hmitations of any stipulation afford sufficient margin for the exercise of the rights it guarantees, induce China to see that the concession is not unlimited, and promise an improvement on the regulations and procedure now existing. In §§ 8 to 19 and §§ 20 to 29, the commercial and judicial complaints have been examined and proposals have been put forward supposed to be an improvement on existing regula- tions and procedure. The class of complaints described as Administrative remains to be noticed ; and it is in connection with them mainly, and the suggestions about to be made to meet them, that an effort seems to be called for to induce foreigners to accept limitations and China to yield a sufficient margin. Anything effected in this direction will not be without, its advantages.. § 34. What are these administrative complaints ? On the foreign side they are chiefly of this kind, that foreigners are not allowed to circulate freely, or settle inland, or work mines, or introduce railways, telegraphs, and mints, or procure the adoption of appliances which they have convinced themselves are certain to be attended with beneficial results, &c. These complaints amount to this: that the Chinese Government refuses to accept foreign advice, or give foreigners carte Jflanche in China — and these again, say the complainants, to, this, that China, in a word, is hostile. On the Chinese side corresponding complaints are also growing. Just as the commercial arrangements of the Treaties have caused commercial and financial derange- ment throughout China, so, too, their administrative ari^angements have created adminis- [678] D 2 18 trative difficulties for Government and officials, and local grievances for gentry and people. The country begins to feel that Government consented to arrangements by which Chiiia has lost face ; the officials have long been conscious that they are becoming ridiculous in the eyes of the people, seeing that where a foreigner is concerned they can neither enforce a Chinese right nor redress a Chinese grievance, even on Chinese soil; and the Govern- ment has to admit that for what it has given up, it has got nothing to show in return ; and all this is in turn attributed to the exterritorial clauses of the Treaties. It is quite possible that the Treaties are not to blame, politically, judicially, or , commercially, for all that is laid to their charge ; but whatever handles they offer are on all sides eagerly laid hold of, and the grievances they are held to constitute are certain to be felt and complained of more and more, the longer they are allowed to continue to exist. § 35. Granted that China has shown unwillingness to accept foreign advice and act on foreign saggestions ; to what is such unwillingness to be attributed ? There are several causes in operation. First of all the Chinese are a very conceited people — they will hardly allow that their condition is to be improved upon ; secondly, the Chinese are a very conteuted people — they dislike and fear change, and believe that the way of hving that satisfied their forefathers for two or three thousand years will do well enough for them- selves ; thirdly, officials and people were alike ignorant on all foreign subjects, and did not for a moment imagine that there was anything better out of China than they already had in it ; fourthly, people and officials, but more especially officials, have been suspicious of the foreigners' intentions, and still think every word must have some ulterior object, and every suggestion some sinister motive ; these, and kindred reasons, have operated and are operating on all sides against foreign ideas and foreign ways, but, obstacles though they long have been and now are, they are nevertheless forces which must decrease in power in proportion as Chinese become better acquainted with foreigners and enlightenment becomes more general. At the same time their temporary potency will be rather increased than removed by any foreign pressure intended for their removal. But alongside of these there exists another set of opposing forces, — forces which must increase in power in proportion as China increases in enlightenment, and whose removal China cannot effect till the foreigner himself wills it. § 36. Granted that China is unwilling to increase the foreigner's liberty of action throughout the length and breadth of the land : this, too, is not without an explanation. When the first Treaties were made China had had no experience of international dealings and no acquaintance with international relations, but the foreigner's knowledge of the many differences between Chinese and foreign official action in matters affecting property or person was already of a kind to make him unwilling to accept Chinese procedure : it was, therefore, wise and, at the time, right for the foreign negotiator to stipulate that questions affecting the persons or property of foreigners should be arranged by the foreign authority, and, on the other hand, the Chinese officials who consented to that arrangement without stipulating for the various limitations by which it ought to have been accompanied, can hardly be blamed for their want of political foresight, evep had they been free to refuse acquiescence. But during the thirty years that have elapsed since then, Chinese officials have learned many things ; they know that the Treaty Powers do not respectively accord to each other's subjects the position that the Treaties bind China to give, — they have seen that in questions between natives and foreigners, when the decision has rested with foreigners, natives, if it in any degree goes against them, are never satisfied, — and while they assert that the existence of this stipulation is already exercising an influence injurious to the prestige of the Government and the dignity of Chinese officials, they ask if it is to be wondered at that China refuses to assent to such an extension of it as might scatter it wholesale through China and multiply the troubles that foreign intercourse has so constantly caused them beyond all calculation. Accordingly, when the foreigner moots anything new, the suggestion — ^viewed with dislike as recommending change, and with suspicion as coming from the foreigner is only too likely to be replied to thus: — It may be good, but having done without it so long, we can do without it longer ; it may be good, but, however good it may be, we cannot afford to accept it coupled with exterritoriality — we have granted exemption from Chinese control at the ports, but we cannot go on to make the exempt a power in the interior. § 37. The foreigner's administrative complaint is that China does not accept foreigt. suggestions ; China's reply is that she cannot do so, so long as their concomitant is unlimited exterritoriality. Like all other general terms the word exterritoriality looms larger in its vagueness than it really is, and, such being the case, it may be unnecessarily standing in the way of 19 both parties ; that part of the thing exterritoriahty which the foreigner really wishes for in China may be something which, once explained, China can continue to grant him without fear ; that part of the thing exterritoriality which China dreads to see coming in as the concomitant of foreign suggestions, may be just the something that the foreigner does not really require or expect to be given. It would be hopeless to expect foreign Powers to consent to give up exterritoriality categorically and without explanation ; but the word may be given up, and, of the things it covers, such may be retained under their own respective denominations as are really useful to the one side, and really harmless to the other. "What does the foreigner ask for ? Is it to maintain his present hazy and indefinite exterritorial status 1 He can do this : but not only will he then continue with no promise of' other improvement, but will remain weighted with the opposition, suspicion and dislike that that status must ever keep alive for him. in China. Is it extension of intercourse — growth of trade — development in China — improvement of international relations, that he seeks for ? He can have these : but only on one condition — a rearrangement and change of status. What does China seek for ? Does she wish to keep out everything smacking of exterritoriality ? She can do so : but only at the loss of all the valuable lessons that foreign intercourse can teach. Does she want to learn those lessons — to become rich and strong ? She can do so : but only on condition that she will allow of some kind or portion of exterritoriality within her boundaries. On the one hand, given the certainty that there will be no great amehoration, of the present state of things ; on the other, given the certainty that there will be improvement ; there can be no question as to which is the more pleasing prospect. But accompanying the future that promises no improvement, the foreigner retains his undefined exterri- toriality ; while accompanying the future that promises improvement, he has only a limited kind of exterritoriality — has only so much of exterritoriality as he can really find use for. Where then is the value of the other element as accompanying the one or as absent" from the other — an unregulated exterritorial status whose presence necessitates the first- stagnation ; and whose absence ensures the second — progress ? Surely the time has arrived when such an understanding might be arrived at as should remove this obstacle from the common pathway of both foreigner and native : it is preventing the one from doing what will be for his own good — it is keeping the other from reaping the fair rewards of much study, labour, and expenditure. On both sides there is something valueless in exterritoriality which either side can afford to give! up to secure the something valuable in the improved intercourse that will accompany the residuum. Mutual concession is what is first of all necessary : but mutual concession is an impossibility, so long as there is not a common understanding, — and as for a common understanding, it caimot be arrived at unless both sides speak out. If China says to the foreigner : you make too much of your exterritoriality — you set too much value by it ; the foreigner naturally asks what be is to receive in exchange. If the foreigner says to China : you fear our exterritoriality too much, you see more in it than it contains ; China as naturally asks in reply :. What limits can be put on it ? § 38. On more than one occasion a high official has said : " give up exterritoriality and you may go where you like;" and the last time the subject came up he asked: "will you even let our people in your ports have the standing we give yours in ours ? " If freedom of movement were all that is wanted, much might be urged in favour of closing with the first proposition ; on the one hand, China would be certain to take the greatest possible care not to interfere with the foreigner needlessly, so long as he did nothing that Chinese may not do, and, if interfering, would be as careful not to treat him in a way likely to provoke foreign intervention ; while, on the other hand, foreign countries would watch over the safety of their nationals just as jealously as they do now that they protect them by exterritoriality. The traveUing foreigner would then meet with less hindrances and be better treated everywhere than at present. But — the foreigner will reply — liberty to circulate freely and settle anywhere is not all that is wanted ; foreigners want to circulate and to settle, in order to be able, in addition, to buy and sell, and to introduce improvements and changes, and these, he fears, are the very things that any renunciation of exterritoriality would make it impossible for him to do. Better retain the exterritoriality now enjoyed at the ports and under passport and the foreigner can already, within a limited area, act very freely; he can also continue to ventilate the improvements it is in his power to suggest, and can declaim against the blindness of the Government that refuses to let its people appropriate all these benefits. But were the exterritoriality he already enjoys given up, he fears that the power which now keeps him from working freely in the interior would virtually eject him from the ports, and that, if haply allowed to remain or go inland, he would still have to become 20 more Chinese than Chinamen, while the Grovernment would grow more exclusive than ever. Such fears cannot be set aside as groundless ; at the same time, just as it is certain that, at this date, the objection of the Government is not so much an objection to improve- ments as an objection to improvements plus extension of unregulated and unlimited exterri- toriality ; so, too, it is more than probable that, were exterritoriality no longer the bugbear it is, China's cry would be for, and not against, what the foreigner styles progress. As once before remarked, the difficulties of a merely conservative or anti-progress programme become daily more apparent, and its enforcement less likely to be persevered in. § 39. It may safely be asserted that the exterritorial stipulations of the Treaties have done more than anything else to set the Government against any extension of intercourse, and that these stipulations, whether it be by the interpretation given to them or the action t^ken under them, are increasingly producing an effect and exercising an influence unfavourable to the development of resources and introduction of improvements. Would it not, then, be well to take up the subject and hear what is to be said on both sides ; bow much of exterritoriality the foreigner wants, why, and for how long ; how much of exterritoriality China feels at liberty to allow of, what it is she dislikes, and why ; and put the whole question of the relation of each to other on a fair, friendly, and intelligible footing ? On the one hand, the foreigner must let China see that she is protected from what she has taken to be the chief dangers of intercourse ; on the other, China must clear the course for foreign legitimate enterprise. Nothing will help to do both things so surely as a re-arrangement of the exterritorial stipulations, and it is to do this, to still China's fears and open up a more promising future for foreign ideas, arts, and inventions in China, that the following suggestions, like the complaints, styled administrative, are submitted. The Treaties, it is true, do not contain the word exterritoriality, but the stipulations referred to in section 20 constitute the foreigner's exterritoriality in China. The suggestions that follow will deal with stipulations in the concrete, and not with the generalization. § 40. Administrative suggestions. — First set. — Where there is intercourse between two countries there are two points of primary importance: 1, that there shall be rules, and, 2, that the rules shall be plain, intelligible, and unmistakable ; and among the ends to be thereby aimed at are these : that the foreigner shall not only know that he is not above the laws, but shall also know what laws he has to obey, and how he is to be dealt with ; that the native shall know that the foreigner, though a foreigner, has his rights, and that both foreigner and native shall know that each has made the proper concessions to the other. The first set of suggestions now to be submitted are drawn up from this point of view : — (1.) Seeing that doubt, discussion, and inconvenience are the result of diversity of form and language in the Treaties, and seeing that, in point of fact, and by reason of the most-favoured-nation clause, all the Treaties, however dissimilar in form and language, are identical in spirit and matter, it is suggested : To consider whether it would not be possible to draw up one common version in Chinese for all Treaties, and to supplement it by equivalent versions in English, French, German, Russian, Spanish, &c. (2.) Seeing that to some extent what is objectionable in existing Treaties may take its objectionable colouring from apparent want of reciprocity, and seeing that an appear- ance of reciprocity in Treaty concessions not only causes concessions to be less objected to, but makes Treaties generally easier to be worked, it is suggested : To consider whether it would not be possible to arrange that foreigners arriving in China and Chinese arriving in foreign countries, shall reciprocally on first arrival report themselves to their own Consul, and shall after that enrol themselves either with their Consul as non-residents or with the local magistrate as residents, as they may themselves elect ; the thus enrolled non-residents to be thereafter acknowledged and treated as aliens, and the thus enrolled residents as natives. Where there is no Consul the newly arrived to be for the time being held to be resident. (.3.) Seeing that where disputes arise between non-residents {i.e., foreigners) which do not affect natives, the settlement of them need not necessarily be the work of the native officials of the locality, and seeing that in mixed questions where natives are affected, it is the more especial duty of native officials, who have consented to the coming of foreigners and made regulations therefor, and who are accordingly at the same time responsible for the well-being of both native and stranger, to see that disputes are fully inquired into and fairly settled, it is suggested : To consider whether it may not be possible to extend the judicial provisions proposed to be introduced and acted on in China, and arrange that while disputes between Chinese aliens in foreign countries are to be settled by their own Consuls, disputes 21 between Chinese aliens and natives of the countries resided in or affecting both shall be heard and settled by a special Court instructed to give effect to the common code proposed to be drawn up for the settlement of disputes between natives and aliens in China. (4.) Seeing that the Treaty stipulations already provide that disputes between, foreigners shall be dealt with by the foreign officials in accordance with the foreign laws, and that in cases where disputes affect both foreigner and native, the foreign and native authority shall conjointly settle matters equitably, — seeing that these stipulations do not place the foreigner above the native law or entitle him to disregard it, — and seeing, further, that it is a common complaint that foreigners do neglect to observe native laws held to be essential to the welfare, tranquillity, and well-being of the localities concerrted, thereby creating nuisances, causing discontent, and evoking ill-will, it is suggested — To consider whether it may not be possible to declare that foreigners — Chinese in foreign countries, and foreigners in China — shall be reciprocally obliged to observe all such laws of the locality as are prohibitory of doings calculated to offend and disturb the locality: wliat a native is not allowed to do, a foreigner shall not do — what a native may do, a foreigner may equally do : offenders to be proceeded against in the Special Court. (5.) Seeing that foreigners may desire to possess lands and houses, and take shares in trades, industries and companies, and seeing that such kinds of property and all such enterprises are governed by the law of the land, and do not admit of a mixed treat- ment—one kind for the foreigner and one for the native — and seeing that it will be alike advantageous for such enterprises, and for all who wish to share in them, that the standing of all interested in them should be clearly proclaimed and defined, it is^ suggested — To consider whether it may not be possible to declare that where aliens own lands or houses, or hold shares in public companies and native industries, they must — Chinese in foreign countries and foreigners in China — equally with natives reciprocally obey the native laws drawn up for the regulation of such kinds of property. Questions arising in. this connection to be dealt with by the Special Court. (6.) Seeing that in the interests of the dignity and authority of local officials- everywhere it is advisable that there should be no unnecessary exceptions to the exercise of their functions, — seeing that the tendency of any exception, necessary or not necessary,, is to set the official in question against the parties for whom the exception is made in the other matters that it comes within the power of that official to permit or prohibit,, further, or impede; and seeing that in Customs as in other governmental matters the same care to refrain from creating exceptions is also advisable to be exercised, it is suggested : To consider whether it may not be possible to enact that foreign ships arriving in in China, and Chinese vessels arriving in foreign countries, shall reciprocally report arrival,, deposit papers, and clear at the Customs, and that harbour-masters shall be empowered to note and extend protests, ship and discharge seamen, and do the other work of shipping- master and marine notary. The vessels and crews to otherwise retain their non-resident character, and be dealt with by their respective Consuls. (7.) Seeing that it is mutually advantageous for officials to be easy of access to people, and seeing that the tendency of the necessary and official intervention of a third party is to give a hard and formal appearance to affairs, and to render official solutions- necessary rather than expedite amicable and informal settlements, it is suggested : To consider whether it may not be possible to declare that foreigners — Chinese in foreign countries and foreigners in China — shall reciprocally be at liberty to address the native officials direct, and without Consular intervention, whenever they may choose to do so. (8.) Seeing that dues, duties, and taxes are all levied by the authority of the Government, and that there are tariffs according to which all such levies are raised^ — seeing that foreign Governments publish such tariffs, and that China has also published the tariff of duties payable at Treaty ports by foreigners, — and seeing that governmental requirements from time to time necessitate changes in special taxes raised in the provinces of China, it is suggested : To consider whether it would not be possible for the Yam^n to notify taxes, as established or abolished, to foreign representatives for communication to, and observance by tlheir nationals. (9.) Seeing that growth and change are constantly calling for modifications, it is suggested : 22 That each fifth year these so-called administrative regulations be revised : the revise regulations to come into operation the year following. §41. Administrative ^Suggestions: Second Sei.— Supposing the first to be thrown out, and seeing that some kind and degree of reciprocity may help to counteract some part of the ill effects of whatever is bad in existing arrangements, and gradually prepare the way for an extension of reciprocity, and other improvements, it is suggested : (1.) That a common Chinese text be adopted for all Treaties. , (2.) That in foreign countries where China has established Legations and Consulates, disputes between Chinese, and not affecting natives, shall be arranged by the Chinese oflBcials, and that in cases in which both Chinese and natives are concerned, the course followed in China for their settlement shall there also be adopted. (3.) That vessels shall deposit their papers, &c., with the Custotas, and enter and clear direct, without Consular intervention. (4.) That there shall be a revision of these arrangements every fifth year, and that the revised arrangements shall take effect the following year. § 42. Administrative Suggestions : Third Set. — Supposing neither first nor second set of these administrative suggestions to be accepted, and seeing that the existence of the " most-favoured-nation " clause in each Treaty in point of fact puts all parties on the same footing, it is suggested : — (1.) That one common Chinese text be adopted for all Treaties, and one Tariff for all merchants. (2.) That revision of Treaty and Tariff shall take place every fifth year and come into operation the year following. § 43. Administrative Suggestions : Fourth Set. — Supposing that none of the preceding sets of suggestions prove acceptable, it is suggested : — (1.) That every fifth year there shall be a general revision of Treaties, Tariffs, Eules, and Regulations. § 44. From the preceding suggestions it will at once be seen that the chief objects in view are to arrange for general revision at regularly recurring and not too distant periods and thereby keep with the times, — provide a common Chinese text for all Treaties and thereby make stipulations and rules easily intelligible, — introduce as much reciprocity in arrangements as circumstances will admit of and thereby win popular assent, — and improve existing stipulations wherever experience shows them to be defective and thereby obviate mischievous results. Should it be found possible to take action in the direction suggested, China would recognize the fact that foreigners in China are subjected to proper limitations and foreigners would equally recognize the fact that, although subjected to limitations, they are nevertheless able to obtain everything they have a right to look for. Such an end once secured would have a most beneficial effect on general interests. What yet remains to be said as to the advantages to be gained from the adoption of these administrative suggestions will be found in the section that now follows, headed Concluding. V. — Concluding. § 45. For the present the four sets of proposals that precede may suffice ; but it still ■remains to supplement what has been said in explanation of the causes that warrant such proposals by some remarks respecting the advantage they appear to offer. If it be merely desired to retain- and give full effect to existing Treaties, what is mainly wanted is an authoritative declaration of the interpretation of a few debated clauses ; on the commercial side, the chief desideratum is a definitive statement of the meaning of •drawback and transit stipulations, and, on the judicial, a clear understanding as to the occasions on which the native and foreign authority shall act conjointly, and the nature and limits of that conjoint action. What have been adverted to as administrative require- -ments would thus remain unprovided for. But, when the question of a better regulation of the commercial side of foreign inter- course is fairly met, and means and ends carefully looked at from the standpoints of both parties, it is evident that, in point of fact, what both want is, after all, changes in, rather than confirmations of!, present arrangements. The Treaties have forced foreigners into certain grooves, and have done even this in a way that has provoked native opposition ; and, while the matter of each stipulation has opened the door to abuse of Treaty privileges by one party and to interference with Treaty rights by the other, the principle that runs through the stipulations has itself been the strongest possible incentive to abuse by these and interference by those. Everywhere there is an escape from restrictions, and a means of shutting the door in the face of liberty of action. If it be desired that intercourse 23 should become friendlier, development quicker, and commerce greater, it is change and not confirmation that is called for. § 46. The acceptance of any of the foregoing sets of proposals would remedy some existing evils ; but it is for the first set that attention is especially invited. If the first set of proposals should chance to be given a trial, their accruing advantages would speedily be recognized in the directions below indicated : — Commercially. (1.) One and the same treatment is provided for foreigner and native : so that there need neither be abuse of privileges nor interference with rights. - (2.) The eight or ten commodities, imports and exports, in which foreign trade s really — if not alone — interested, are not only relieved from uncertain and variable taxation, but are freed from all taxation, on payment of the one fixed charge at a Treaty port. (3.) The merchandise in which foreign trade is not interested and which circulates in China for Chinese domestic use is freed from the application of the foreign Tariff' at Treaty ports and is left to be dealt with by the territorial authorities according to local rules and requirements. (4.) As regards a third class of goods, viz., the articles of foreign origin which, though recognisable as^oreign, are not staples and are for the most part only disposed of at the ports and not sent into the interior — articles which, though foreign, are not easily distinguish- able from Chinese ai-iticles and yet are also not staples — and the articles which, being of native origin and bought for foreign export, are, like the scattered imports, neither certain nor abundant in the export trade — all these articles and commodities, of little importance to foreign trade, are left where they are now : that is, they remain exposed to the uncertain incidence of local taxation, but are, on the other hand, freed from the certain incidence of import or export duty at the Treaty ports. (.5.) The local taxation of Chinese goods for Chinese domestic use and of the insignificant imports and exports referred to in the last paragi'aph, is not to be in any way connected with shipment or discharge at Treaty ports, so that vessels which take mixed freights will neither have to deal with two sets of Custom-houses nor be subjected to any special detention. (6.) Where the foreigner competes with the Chinese merchant in Chinese trade on Chinese ground, he will do so on the same footing and conditions as the native ; where the , native competes with the foreigner in foreign trade, he will do so on the same footing and conditions as the foreigner. (7.) Vexatious espionage at the ports and transit troubles in the interior disappear. (8.) No interest is sacrificed to another : neither foreign staples to Chinese desire for revenue — nor Chinese taxation to isolated commercial ventures — nor the goods in which one Power is interested to those which concern some other ; what is fair to each and good for all is secured and promoted. (9.) Foi'eigners will no longer be reproached for selling their names to Chinese — native hostility to foreign trade will disappear — officials will no longer be able to say that local revenue is destroyed by foreign trade — foreign trade itself will in every way be freed from burdens it has now to bear. (10.) Quinquennial revision will periodically effect timely changes, removing what is bad and adding what is good. Judicially. (11.) With one code and one procedure for all cases in which both foreigners and natives are concerned, and with concomitant arrangements adequate to the protection of person and property, complaints will be stopped and much that is now offensive will disappear. (12.) Room is left for growth and expansion, and for improvement of both code and procedure. Quinquennig,l revision provides for proper adaptation to the requirements of the times. Administratively. (13.) The very fact of consenting to consider the points set forth in the administrative suggestions will bring both native and foreigner into more friendly relations, and any action taken in the directions proposed will not only lessen the chances of further mis- understandings, but will set free agencies that are now undpr a ban and convert hostility and opposition into friendliness and co-operation. [678] E 24 (14.) The steps suggested on the administrative side will do much to ensure the satisfactory working of both judicial and commercial proposals : on the one hand there will be less likelihood of interference with commercial interests, and on the other, greater certainty of compliance with all that is required judicially. For these and other reasons, a common trial of the first set of proposals is to be strongly recommended. § 47. On the foreign side the political world may object to surrender anything already obtained from China— the Christian public may hesitate to trust their Christian nationals in pagan China unless surrounded by the full blaze of exterritoriality— and the mercantile classes will ask what security is there that China will keep her engagements. Here we are met by objections not without force or meaning: each one of them merits its due share of consideration. Let them be fully thought out and let allowance he made for the utmost value of all they suggest ; but, that done,, let what now exists and what is proposed for adoption be put side by side and judged of by the light of the following considerations ; — (1 .) That the present situation is approved of by neither party. (2.) That mutually advantageous alterations can only be obtained by mutual con- cessions. (3.) That what is proposed is not necessarily more than a five years' experiment, subject to revision and approval, and if needs be, to withdrawal. (4.) That such proposals, if presumably likely to yield results that will be so many gains, commercially, judicially and administratively, ought to be allowed a fair trial. (5.) That the proposals, instead of stunting, nourish growth — instead of forcing into grooves, clear the ground for enterprise — instead of perpetuating distinctions that alike tempt native and foreigner, class all individuals together and make interests identical and not antagonistic. (6.) Politically, is it not an error to keep alive the cause of administrative difficulty ? Judicially, is it not a fact that although the Court may be pagan, it will have to proceed publicly and according to new laws, while individuals concerned are so few that such special arrangements can never be the cause of national inconvenience, and does not every-day experience show that China treats the subjects of other States, not removed from Chinese jurisdiction, with extraordinary gentleness ? And as for distrust of China's willingness to act up to her engagements, if good faith be not taken for granted, meaning thereby the desire and the ability to keep one's engagements, what is the use of any such thing as negotiation ? Comparing the existing and the proposed arrangements, with all these considerations before the mind, it is evident that there is much more to be said in favour of a departure from, than in favour of a confirmation of existing arrangements. § 48. On the Chinese side, whatever other difficulties may crop up for those who have to take action, it is not unlikely that one difficulty in the way of the acceptance of these proposals will be the desire of critics to take and not give. When Treaties were first entered into it was all giving and no getting on the part of China, and now the rebound may be felt, and there may be a desire to get and not give. Perhaps the advantages of what is conceded to China will be so undervalued, or the advantages of what is proposed to be conceded to the foreigner will be so magnified, or the desire to give as little as possible will be to such an extent uppermost, that thereby the proposals may come to naught. To this all that one can say in advance is, that, while the order to make proposals means that it is intended to take action, critics must remember that those who would take must also be willing to give ; mutual concession for mutual advantage is not only essential, but fair and reasonable, and, moreover, even one's own property — if it is once pawned — can only be redeemed by a payment. Objectors should consider these things, and those who have to take action may rest assured that, should the proposals be adopted, China's gain will not be less than the foreigner's. $ 49. As will have been seen, there are three sets of proposals, and in each set there are four alternative sets. The natural order and logical sequence would, perhaps, be administrative, judicial, commercial, but it has been thought better to adopt the reverse order — commercial, judicial, administrative ; and the object with which this has been done is that what there may be of great obstacles to the acceptance of the judicial proposals or of greater obstacles to the acceptance of the administrative, should not stand in the way of a full consideration of the commercial as preceding the judicial, or in the way of the judicial as preceding the administrative. The judicial proposals are of easier acceptance than the administrative ; the commercial, again, are probably of easier acceptance than the udicial. Under each of the three headings any alternative set of proposals is complete in itself, and may be accepted while all the rest are rejected ; or, any one of the alternative 25 sets under one heading may be adopted and combined with any one of the alternative sets under either of the other two headings. Again, each proposal, although sufficiently detailed to be intelligible, is possibly susceptible of improvement, and would in auy case necessarily require further consideration and elaboration before being made law, to say nothing of the supplementary regulations it would require to have drawn up for its proper working. § 50. In conclusion, the hope may be expressed that the commercial proposals will help to place commercial dealings on a better footing, and remove much ground for complaint, that the judicial proposals will introduce improvements in judicial business, and do away with the cry that justice is withheld ; and that the administrative suggestions, first of all assisting to secure and consolidate commercial and judicial advantages, will in the end improve the tone of general intercourse, and remove the chief obstacle, political opposition, from the pathway of future relations. But it must not be supposed that these proposals will be a panacea for all ills, or a philosopher's stone, to turn all they touch into gold. Even supposing that they are put in operation, and that rhey induce forgetfulness of past grievances and certain anticipation of future benefits, even then they will not make foolish officials act wisely ; nor will they make underpaid officials respect regulations when gain is to be got ; nor will they make turbulent people quiet ; nor will they enable fortunes to be ihade other than in accordance with the circumstances that condition trade. If fairly acted upon, it is confidently believed that they will be followed by results more or less beneficial to both China and not-.China ; but time alone will show in how far and in what directions this belief is well or ill-founded. If failing to eflPect what is looked for — and, indeed, even if failing to be adopted — they will, at all events, serve to introduce questions that demand settlement, and explain some of the conditions and difficulties that must be grappled with if a solution is to be arrived at. That it is not an easy task to draw up such proposals must be apparent to any one who re-reads the conditions imposed by the Yamen's instructions, as quoted in the first paragraph. (Signed) ROBERT HART, Inspector-General of Imperial Maritime Customs. Peking, January 23, 1876. 2. — Supplementary Despatch. The Inspector- General of Customs to His Imperial Highness the Prince of Kung and their Excellencies the Ministers of the Tsungli Yamen. Pekvng, February 8, 1876. 1. The Undersigned having received the Yamen's instructions of the 6th October, calling for proposals for the better regulation of commercial intercourse, had the honour to submit his detailed reply on the 23rd January. It will have been seen that the Commercial Proposals, first set, suggest — 1st, that the staples of foreign trade, viz., cottons, woollens, metals, and sugar inwards, and tea, silk, sugar, and cotton outwards, shall pay Customs duty and inland due simultaneously at the time of shipment or discharge to the Treaty Port Customs, and be everywhere else and at all times free from every other charge in China ; and 2nd, that all other kinds of merchandize (excepting opiuit, which is specially provided for) shall be exempted from payment of duty by the Treaty Port Customs and be liable for every local charge wherever else met with in China, no matter in whose hands. It is reasonable to take it for granted that proposals are only made after due consideration, and are susceptible of explanation and support. If it be asked then, what the proposals just recapitulated are based on, the reply is the Treaty Port Customs Statistics of 1874, from which the following figures are now submitted. In 1874 it may be said in round numbers that — Paid Import Duty. Taels, Cottons .. .. ., .. .. .. .. 720,000 Woollens . . • • ■ • • ■ , , , . 160,000 Metals • • • • ■ ■ • • , , , , 140,000 Sugar • • • • ■ • - ■ • • 60,000 All other Imports • % Paid Export Duty. • • • • 650,000 Tea m • • • • • • • • % 5,000,000 Silk • t* • ■ * ■ • • • • 870,000 Sugar ,. • • ■ ■ • • • • 90,000 Cotton • • • « • • • a • • 40,000 All other Exports ■ m • ■ • ■ • • • • 680,000 [6781 E 26 So that, during the year 1874, the eight import and export staples above-named may be regarded as having paid duty amounting to 7,080,000 taels, while all other goods (opium not included) paid 1 ,330,000 taels. During the same year, of other dues and duties the Treaty Port Customs col- lected : — Taels. Opium, Import Duty, say .. .. .. .. •• ii,100,000 Native Produce, Coast Trade Duty, say . . .. .. . 570,000 Transit Dues, Inwards and Outwards, say .. .. •. 230,000 Tonnage Dues, say . . . . , . . . • • • ^00,000 Thus the total collection of the Treaty Port Customs for the year 1 874 amounted in round numbers to 11,500,000 taels. And this collection, it I is to be remembered, is a collection made in accordance with rules already in force, and not according to the proposals now under consideration. (3.) If the proposal that has been made to tax staples at the Treaty Ports, freeing them elsewhere, and, to free other goods at the Treaty Ports, taxing them elsewhere, were acted upon, then, taking the same year's statistics as the basis of 'a calculation, the results to be looked for would be much as follows : — Import Ddty plus Inland Due. Taels. Cottons .. ,. ., .. .. .. .. 1,080,000 Woollens ,. .. .. .. .. .. .. 240,000 Metals .. .. .. .. .. .. .. 210,000 Sugar .. .. .. .. .. .. .. 90,060 Export Duty plus Inland Due. Tea ., .. ., .. .. .. .. 7,500,000 Silk .. .. .. .. .. .. .. 1,305.000 Sugar .. .. ,. .. ' .. .. .. 135,000 Cotton ,. .. .. .. .. .. ,. 60,000 thus yielding in all, a revenue amounting to 10,620,000 taels. If to this be added, as was also proposed, an import duty on opium of 120 taels per pecul, amounting, on the supposition of an importation of 70,000 peculs, to 8,400,000 taels, the sum total would be an immediate collection of over 19,000,000 taels, and a certainty of 20,000,000 a-year in a year or two. When it is said that such a collection might confidently be relied upon, it is not a mere guess that is made, or an unfounded assertion that is hazarded ; on the contrary, not only is the calculation supported by the statistics of 1874, but is shown by those of 1875, to give results that are even below the mark. And as for the question as to what is, or is not possible for the customs, there is nothing to show that the plan proposed for adoption is in any respect other than feasible. 4. If it be asked whether this increase in the Treaty Port Customs collection would make up for the decrease in collection at other points likely to result from the adoption of the scheme, a reply may be gathered from what follows. A short time ago the under- signed requested the Board of Revenue to state the annual amount of li-kin derived from tea, silk, and . opium. The Board replied that its accounts did not admit of furnishing separate totals. But although these particulars could not be ascertained from the Board, it has been elsewhere gathered that the li-kin of the eighteen provinces may be computed at about 10,000,000 of taels annually. Accordingly, taking the year 1874 for example, that part of the general revenue which is made up of (1) Treaty Port Customs duties, and (2) li-kin throughout China, may be said to have been 22,000,000 for the year. Now this is just about the sum to which it is calculated the Treaty Port Customs duties would alone amount in a few years more, were the proposals just made adopted. As for the effect of these proposals on the national revenue then, their profitable character is so evident that it is needless to demonstrate their harmlessness. Again, it is continually said that the li-kin is but a temporary measure and will sooner or later be discontinued. Supposing li-kin to be discontinued, the Treaty Port Customs duties would then alone remain available ; but, when that dav comes, if the Customs duties should be found to have already increased to such an extent as to make up for the discontinued > li-kin, then the proposals which should achieve such a result can hardly be regarded as other than good. 5. Here, however, the undersigned has another proposal to' submit. The " Peking Gazette " has of late frequently published memorials from high officials recommending the discontinuance of li-kin, but such memorials merely contain the request that the li-kin may be stopped and do not show how governmental business can be carried on 27 in such a way as to really enable li-kin to be dispensed with. This being the case, it is no wonder that other officials memoralise in reply ; and, urging that such recommendations cannot be attended to, procure their rejection. Under these circumstances, the under- signed begs to point out that the proposals he has already submitted appear to be calculated to meet this difficulty ; they show how the revenue given up in one direction might be moi'e than made up for in another. If, therefore, the Yam^n would make those proposals the subject of a special memorial and procure the discontinuance of li-kin, not only wotild many a foreign difficulty be avoided, but — while only a Yam^n for the transaction of foreign business, yet so transacting it as to promote China's internal interests — a tax that has harassed the people, been denounced by officials, given rise to innumerable malpractices, and is only, after all, of a temporary and ephemeral character, would be removed, while a source of revenue would be substituted of an enduring and flourishing kind, a revenue which, on the one hand, would increasingly enrich the Imperial Exchequer, and on the other in no way harass or be a burden to the community. The undersigned would therefore beg that this supplementary despatch may be read and considered in connection with the proposals already submitted. (Signed) ROBERT HART, Inspector-General. No. 3. Sir T. Wade to the Earl of Derby. — (Received September 24.) (Extract.) Shanghae, July 22, 1876. I HAVE the honour to inclose copies of the papers received from Mr. Grosvenor before he left Yunnan Fu for Burma ; together with translations of the statements put in his hands as having been made, voluntarily or under cross-examination by Wu Ch'i-liang, Sub-prefect ot T'^ng-yiieh Chou, or Momein ; of Chiang Tsung-han, Brigadier of the same jurisdiction ; of Li Chen-kuo, otherwise known to us as Li Hsieh-tai ; of Li Han-hsing, his nephew ; and of the savages charged, as principals or accessories, with the murder of Mr. Margary. Inclosure 1 in No. 3. Mr. Grosvenor to Sir T. Wade. Sir, Yunnan Fu, March 12, 1876. I HAVE the honour to forward extracts of conversations which passed on the 8th instant between me and Commissioner Li Han-chang, and between me and Ts'ln Futai, on the occasion of my first visit to these two officials. I have, &c. (Signed) T. G. GROSVENOR. Inclosure 2 in No. 3. Memoranda of Conversations. March 8, 1876. THE Mission called upon the High Commissioner Li Han-chang : Hstieh-huan and others were present. The following is part of the conversation : Mr. Grosvenor, referring to a letter which he had asked Li to forward to Bamo : "What are the obstacles which you allege to exist in the way of transmitting letters by this route ? " Li. — ■" The Deputy sent by me to receive the articles forwarded to you vi^ Bamo writes from Manyiin that the border is infested by outlaws ; outrages and reprisals have occurred. Last year a disturbance broke out in the neighbourhood, and was repressed by Ts'en Kung-pao ; some of the rebels took refuge in the border hills, which are conse- quently unsafe. The Deputy is unable to proceed." Mr. Grosvenor. — " How is it that letters which I have just received can reach me from Bamo, and yet my letters cannot be forwarded to that place ? " Li. — " The country is very dangerous." Mr. Grosvenor repeats question. Li. — " I will ask the local authorities." 28 Mr. Grosvenor. — "My Government will take serious exception to such a condition of things as this — that the route is open in one direction and not in the other." Li. — " How did your letters come ?" Mr. Orosvenor.—" They were sent through the Political Agent at Bamo by a Burmese courier. Chinese messengers, whom the Agent wished to employ, declined to carry the letters, being afraid, they said, of incurring the displeasure of the Chinese by doing so." Li. — "This cannot be true. It would be well to read the Deputy's statement before coming to a conclusion. The transmission of letters to Bamo is Ts'^n Kung-pao's business. I am merely a guest in the province," Mr. Grosvenor. — " I always understood that your Excellency was specially commis- sioned by the Emperor to transact all business connected with the purpose of the mission. Your Excellency is surely the highest official in the province." Li. — "That is true, and if you wish to send letters by Shanghae, T can take charge of them ; but if they are to be sent to Bamo, I can only desire the local officials to transmit them. What is the importance of sending letters that way ?" Mr. Grosvenor. — " The importance is this : if the Indian Government do not hear from me they will become anxious for my safety and will send to find me — an important matter in many respects." Li. — "I will instruct the local officials to devise a plan for sending your letters through to Bamo." ^ 9|c ^ ^ T ^ The Deputy's report was shown to Mr. Grosvenor. It merely stated that the border country beyond Man-yiin was unsafe and that he could not proceed. Same afternoon. A visit was paid to Ts'6n kungrpao. Among other conversation the following passed : — Ts'en. — "The natives of this province are very turbulent. Some years ago, at Chao- t'ung, they rose and killed a Prefect. Nothing but executions will deter them." Mr. Grosvenor. — " Our experience, after long residence in the country and fi'om travelling across the whole breadth of it, is that the people everywhere are harmless and inoffensive in the extreme." Ts'en thinks otherwise. Mr. Grosvenor. "We everywhere find them as inoffensive as cows or sheep." Ts'en. — " It is true that at present the province is undisturbed ; but every year, or even every month, disorders may be expected. The people are, moreover, afraid of foreigners entering their country." Mr. Grosvenor. — " Why ?" Ts'en. — " They fear that if foreigners obtain access they will govern the province." Mr. Grosvenor. — " The English Government is anxious not to be burdened with more territory. India, alone, is larger than the eighteen provinces, and in all probability contains a greater population. The Government is far from coveting so poverty-stricken a province as Yiinnan, in addition to the enormous region it already administers. As regards the bearings; of the Chinese population towards usj they could scarcely be more civil." Ts'en. — "That is because you are escorted." Note. — Ts'^n kung-pao, the Futai, is a thick-set man of forty-eight years, about the middle height, of very dark complexion, stoUd, but easy and outspoken in manner, and evidently of a pronounced temper. He is descended at two generations from a Miaotzti family in Kwang-si. Says that in his youth he could walk, when engaged in military affairs, thirty or more miles a day. He now prefers a horse ; does not smoke or drink. Has been in Kwei-chou and Su-ch'uen, and throughout Yiinnan. Is apparently not much Hked by the officials of the province on account of his temper. Has never seen foreigners before. Was curious to know how long it took to reach Ytinnan from India. Inclosure 3 in No. 3. Mr. Grosvenor to Sir T. Wade. Sir, Yunnan Fu, March 14, 1876. I HAVE the honour to state that yesterday, on rising to take my leave after dining with the Imperial Commissioners Li Han-chang and Hsiieh-huan, their Excellencies informed me that, if agreeable. Ting Taotai and Chiang Taotai would call next day at my 29 residence and inform Messrs. Davenport and Baber of the results obtained by the investi- gation which the Commissioners had been instructed to make. To this statement, mindful of your instructions, I repUed that I could not entertain any conversation upon the subject of the Yunnan outrage until I bad received from their Excellencies a formal declaration in writing that no person or persons, official or otherwise, accused of participation in or instigation of the murder of Mr. Margary and the attack on Colonel Browne, should be punished until reference had been made by both themselves and by me to Peking. When Ting Taotai and Chiang Taotai arrived to-day, they brought with them a despatch from the two Commissioners, which was so loosely worded that I could not accept it. Ting Taotai immediately promised that the wording should be altered. I received the altered despatch iu the evening, and have now the honour to inclose copy and translation of it for your perusal. I have, &c. (Signed) T. G. GROSVENOR. Inclosure 4 in No. 3. The High Commissioners Li Hanchang and Hsiieh Huan to Mr. Grosvenor. (Translation.) March 14, 1875. IN reply to Mr. Grosvenor's statement of yesterday, that before entering upon the question of the Yiinnan outrage, it would be indispensable for the Commissioners to give a formal guarantee that no punishment should be inflicted until a decision had been arrived at in Peking, the Commissioners have the honour to remark that this stipulation is in accordance with Sir Thomas Wade's letter dated the 16th of December last. The Commissioners therefore agree that no persons, official or otherwise, found guilty, shall be punished until full reference has been made to Peking by both parties. An acknowledg- ment of this despatch is requested. Inclosure 5 in No. 3. Mr. Grosvenor to Sir T. Wade. Sir, Yiinnan Pu, March 1\, \%1Q. I HAVE the honour to forward copy in English and Chinese of the statement madfr by Ting Taotai and Chiang Taotai, in the presence of Messrs. Davenport and Baber, of the results obtained by the investigation which his Excellency Li Han-chang was imperially appointed to make into the murder of Mr. Margary, and the attack upon Colonel Browne. The Enghsh version was composed by Messrs, Davenport and Baber during their two interviews with the above-named Chinese officials. The Chinese version was, at my request, forwarded to me on the 16th of March by the two Taotai s. The Chinese and English versions will be found to agree, one point alone excepted, on all the material points. The exception is as follows: — Ting Taotai in conversation stated distinctly that the party which attacked Colonel Browne never fired a shot, whereas, in the document he forwarded to me, he says tlie attacking party shouted and fired at random. The inclosed documents are little else than a repetition of that forwarded to vou by- the Prince of Kung in the month of July last. I have, &c. (Signed) T. G. GROSVENOR. Inclosure 6 in No. 3. Summary by Taotais Ting and Chiang. March 14, 1876. TING Taotai, Chiang Taotai, and Ch^n wei-yuan called by appointment, and made the following statement, being a summary of what Li Han-chang had elicited regarding the circumstances of the Yunnan outrage : — 30 In approaching the subject of the Yunnan outrage, the officials and people of China cannot suppress a feeling of shame. That an outrage has been committed is beyond question, and the Government is far from wishing to screen the perpetrators. The Imperial anger itself was excited, and Corhmissioner Li and the whole body of officials ■were filled with anxiety to discover the origin of so unaccountable an outburst. Sir Thomas Wade himself could not have been more moved than themselves. At the time of receiving his present appointment Commissioner Li was furnished with no information, and the hearsay statements which had reached him were conflicting; he feared, moreover, that a mere residence in the capital of Yunnan would not enlighten bim much on the circumstances. He would hear and see nothing. Accordingly, on his journey to Yunnan, he instituted private inquiries all along the route, and, further, despatched a Chen-t'ai, disguised as a cloth dealer, to proceed to Ta-li, T'eng-yiieh, and Man-yiin, and acquire secret information. Five-moriths having elapsed since the commission of the outrage, it was to h6 feared that the criminals would leave the neighbourhood ; the Commissioner, therefore, wrote to the local officials to lull the offenders into a sense of security, so that they might be appre- hended at a convenient moment. This difficulty was, however, much simplified by the activity of Ts'en Kung-pao, the Futai who arrested the guilty parties before the Commissioner's ai'rival. Wu-li-ssu, Tung chih of T'eng yiieh, and Chiang, Tsungping of the same place, were degraded in .accordance with the Commissioner's Memorial, and have been examined. The murderers of Mr. Margary have also been captured and examined. These turn out to be the wild hill men, robbers by profession, who inhabit the Yeh-jen-shan (hills of the wild men), and include certain renegade Chinese, who have fled from justice and joined the savages. Now, who v/as the originator of the opposition to Colonel, Bi-owne's party?' It is clear there must have been a master-mind (prime mover) somewhere. On this point several of the local gentry in command of the T'Sng-yiieh train-bands were questioned, not, indeed, judicially as criminals, but privately lectured and examined Strangely enough we discovered that the originator of the whole affair was the person mentioned in Sir Thomas Wade's despatch, namely, Li Chen-kuo. We had previously heard that Li Chln-kuo was suspected, but were unwilling to believe that a person of his condition could be implicated. Further inquiry left no doubt as to his culpability. That he refuses to confess is not . surprising ; nor, in view of the gravity of his crime, can we proceed to torture, as he ..might afterwards retract, and assert that an admission was wrung from him by pain. On or about the 15th December last the disguised Chen-tai returned from T'eng-yiieh and reported that his private inquiries agreed with the universal voice in accusing this man. He was therefore denounced by the Commissioner and stripped of his rank (expectant Fu-Chiang). Such is his obstinacy that three months' examination has only elicited from him three words, " I know nothing " (" wo pu chih tao "), doubtless in the hope that if he does not confess he cannot be punished. Nevertheless, he cannot escape justice ; the evidence against him is overwhelming, the proofs a certainty. In December of the year 1874 Margary entered Yunnan provided with a passport sealed by the Tsung-li Yamfin, which had enabled him to pass without hindrance through the empire. His object was to meet Colonel Browne and return together to China, which, as they carried the passports of the Tsung-li Yamfin, they had every right to do. The officials, seeing their passports, knew very well that they should be allowed to .proceed ; but the people of the locality never having seen foreigners were apprehensive of the consequences, and became alarmed. During the troubles of the last eighteen years the people of T'^ng-yiieh form a numerous body, whose incorporation dates from the Ming dynasty. When the city was recaptured, numbers of the Mahommedan rebels escaped to the Yeh-jen Shan, and, though broken and reduced, they still cherish schemes of revenge. Hearing that Margary had gone to meet Colonel Browne they thought it a good opportunity to sally forth {lit. "to enter the pass," Kuan). The gentry of T'eng-yiieh, in alarm at the prospect of losing the results of their eighteen years' struggle by the simultaneous entrance of the refugees with the foreigners, wrote to Li Chen-kuo (an able man, but a villain), both at Manyiin and Mfingmao, requesting him to arrange with the foreigners not to allow the rebels to accompany them. He thereupon traversed the whole region of Yeh-jen Shan, exacting supplies and recruiting his band, and afterwards demanding money of the T'^ng-yueh gentry. His intention was to stop both Colonel Browne and the rebels, but he never expected that Margary would come on in front. Margary reached Man-yiin. He left the day before Li's men went to stop Colonel 31 Browne, and passing by them, unhappily fell in with the robbers. These are robbers by profession, and are not to be confounded with the body which hindered Colonel Browne with the sole intention of stopping him, not of hurting or plundering him. It was after crossing the Hu-sung river, fifteen li from Man-yiin, that Margary encountered the robbers, who, in accordance with their usual practice demanded black mail. They are a mixture of wild men, Chinese renegades, and Chinese kidnapped when young, but include no Mohammedans among them. Margary refused their demand, and shot one of them thinking to disperse them, whereupon they surrounded him ; he dismounted to engage them and was murdered, with four men who accompanied him. Margary was killed with their swords ; they had no fire-arms. Another Chinese who was with Margary had remained at the temple (Mien Fo-ssu) whence Margary had just set out, to attend to the baggage ; immediately after the massacre the robbers hurried to the temple to plunder, but the man escaped. Margary had preceded Colonel Browne (or was ahead of Colonel Browne) by a day's journey, although the Colonel had heard that the road was unsafe. Colonel Browne afterwards despatched Li, his linguist, aud Shih Yii-t/ien to go iorward and inquire about the security of the road and look for Margary. On advancing a few li they met (not " overtook " ) several people with Margary's pony. These were the robbers, or a party of them, and the two men recognizing the pony, fled in different directions (did not run in the opposite direction). Shih Yu-tien who was employed by A-yeh-pan (Mr. Clement Allen), not by Margary, appears to have made good his escape ; not so Li the linguist ; he was seized by the robbers, bound, and taken to a cave. His captors then went off' to plunder, and Li got away, but was again caught and bound by the ancles as before for some ten days, when he was informed that they did not propose to feed him for nothing. On this he performed menial offices for them, and in ten days or more managed to escape to T'eng-yueh. This man is a nephew of Li Ch'6n-kuo (not a brother's or sister's son, but a distant kinsman) ; in his youth, when the Mohammedan rebellion broke out, he went to Bamo and engaged in a small business. He is acquainted with the Resident and the British merchants at that place. Li Ch^n-kuo wrote to his kinsman the year before last desiring him to return, as his mother was anxious to see him. (Note. — This is Ting Taotai's statement; Chiang Taotai denies it). The man therefore took the opportunity of accompanying Colonel Browne to Yunnan, bringing a little merchandize on seven or more baggage animals in company with those of the party. He also had with him 500 taels, but does not know what became of goods or money. On receiving the Imperial command and hearing from Commissioner Li, Ts'^n Kung-pao, dispatched a force which captured twelve of the robbers and killed or wounded six. The soldiers also suffered some loss. They succeeded in recovering two ponies and a quantity of Margary's baggage ; among other articles a gun in a case which has not yet been opened. To sum up : The criminals have been captured ; the instigator Li Chen-kuo is in custody, and great part of the plunder has been recovered ; the linguist Li is also in the hands of the officials. Although Li Chen-kuo refuses to confess, the evidence against him is convincing, and if that were not enough other proofs exist which put his guilt beyond doubt. This statement is the result of protracted and unfiagging inquiry on the part of Commissioner Li and his associates. Two points (quoting a despatch of Sir Thomas Wade's) are all-important ; 1st, that the prisoners brought to trial should be the real offenders, and 2nd, that the evidence produced should be trustworthy — and this is the principle which the Commissioner has pursued in the investigation. Pending Mr. Grosvenor's arrival, no report has been made to the Chinese Government. Some general conversation ensued between the native officials and Messrs. Davenport and Baber. Ting Taotai repeated that instructions on matters of detail respecting the Yiinnan outrage had not reached the Commissioner at the time of Mr. Grosvenor's interview with him at Hankow ; he consequently knew little or nothing about the affair. " But how is it that the Commissioner was also ignorant of the meaning and nature of a passport when that document was exhibited to him by Mr. Grosvenor ? " Ting Taotai replied : — " It is the duty of the lower officials to inspect passports. A high official like the Commissioner cannot be expected to know anything about them." March 15th. — The same officials called this afternoon by appointment, and being asked to give some more detailed account of the " stopping " of Colonel Browne, supple- mented yesterday's statement as follows : — " Colonel Browne was at Nan-p'eng-ho (or Nan-p'ing-ho), two days behimil. Mar- gary was killed on the 21st February, and on the 22nd, about midday, when at the foot of [678] F 32 the Pan-hsi hills, Colonel Browne was met by a band composed of wild men, Mahom- medan outlaws, a remnant of a band once commanded by a son of Li Kuo-lun, and Shan people, all sent by Li Ch'^n-kuo. "There were also with them a number of Li Ch'^n-kuo's personal retainers, as well as some of the robbbers who killed Margary. " Li Ch'^n-kuo was not concerned in the murder of Margary, nor did he instigate it ; his sole object was to stop Colonel Browne and Margary together ; the latter, however, had gone on and met his fate at the hands of the robbers. " Nor was Li Ch'en-kuo present at the *' stopping " (" lan-tsu ") of Colonel Browne, for "^E Yu-ko (Mr. Elias) saw him at M^ngmao on the I8th February. " The number of the band was probably about 2,000, armed with a few gingalls, swords, &c. They did not fire a single shot. Colonel Browne, seing he was beset, opened fire, and wounded a few of them, and paid the head man of his coolies to go round and fire the jungle. Li Ch'en-kuo's band, seeing the jungle fired, and fearing they had to engage a large body of troops, then dispersed, and Colonel Browne returned to Burraah. " Margary had gone on as far as Man-yun, where he stopped one day, but finding the situation dangerous, had returned to Mien-fo-ssu. "We consider the above a thoroughly trustworthy account of the affair." Inclosure 7 in No, 3^ Mr. Grosvenor to Sir T, Wade. Sir, Yunnan Fu, March 21, 1876. I HAYE the honour to report that as soon as I had read the statement of Ting Taotai and Chiang Taotaij and had been given a copy of the written evidence on which this statement was made, I signified to the two Imperial Commissioners my willingness to allow Messrs. Davenport and Baber to be present at the trial of the prisoners. The Chinese authorities were, however not ready to proceed with the trial until the 20th instant (yesterday). I beg to inclose a full report of what took place at the trial, drawn up by Messrs. l)avenport and Baber. I thought beforehand it was not improbable that the Chinese authorities might try and place my representatives in some undignified position at the trial. I, therefore, gave Mr. Davenport instructions not to take a seat in any position of the Court which he did not consider fitting. The inclosed statement will show that my suspicions were not groundless, and I Venture to hope that the action taken under my instructions will meet with your approval. I have the honour to inclose copy of the Chinese text of the evidence produced by previous examinations. Time will not allow of my having a translation made. This evidence has been carefully read over to me by Mr. Baber, and contains nothing •but a wearisome repetition of lying asseverations, together with flat contradictions (entirely unsupported) of the evidence obtained by Colonel Browne after the attack, and subse- quently at Bhamo, In a Word, the whole story, as at present set forth by the Chinese, is but a repetition of the one you rejected so summarily in the month of July, 1875. Not a single witness, in the English sense of the word, has been produced, and not a soul Concerned in the attack on Colonel Browne (if I except the eleven savages at present in custody), although Ting Taotai admits the attacking party to have been nearly 2,000 Strong. Such a burlesque of a trial, notwithstanding your urgent and repeated warnings on this subject from March to October, 1875, and notwithstanding the messages sent by you to the Earl of Derby for transmission to the Chinese Government, leads me to the con- viction either that it does not beheve Great Britain to be in earnest, or else that it does not fear her power to enforce her demands. I have, &c. (Signed) T. G. GROSVENOR. ...^.,.,^i.v-.,.,n...>..n.a-,.... 33 Inclosure 8 in No. 3. Minutes of Trial, held in Nieh-t'ai's Yamen, at Yunnan Fu, March 20, 1876. Present : Chinese — Ting Taotai, Chiang Taotai, Ch'ln Wei-yuan, P'an Fan-tai, Ts'ang Nieh-tai, Hsung Chih-fu. English- Messrs. Davenport and Baber. AFTER some preliminary conversation in a side apartment, Messrs. Davenport and Baber were ushered into the room in which the examination was to be conducted. The table provided for the English officials was placed in the rear of the presiding Mandarins, and behind the crowd of runners and underlings, who hemmed in the seats which represented the Bench. Messrs. Davenport and Babef wo\»ld have heard little and seen nothing of the prisoners. Plan of proposed Arrangement of Seats. 5- s m ,,+ '^ + ^j_t+ + ' + ' - + + + 'J"^^ °+,*+ COURT ROOM + + -I- ?: + o + +, Ht-S "+-' + * . + a +J r+- g H -.V^i + t- 5 o 1 PBISONERS >,,^^ + + + .+, + ,.4 ^^ ^~''~~^--,,^^^ + + +.+ + + ^ .^ TAHJD. Acting under Mr. Grosvenor's instructions, Messrs. Davenport and Baber declined to occupy any position which should appear in the least degree undignified, or should inter- fere with the fullest and most perfect apprehension of the proceedings. They quoted international usage on the subject, to which Ting Taot'ai, the officer appointed to conduct the trial — sometime a secretary of the Tsung-li Yam^n, objected that his Government had never admitted that they were bound by international law. They only admitted the force of Treaty stipulations. [678 1 F 2 34 On this Messrs. Davenport and Baber declined to discuss the subject, and the Chinese ultimately made the following arrangement :— FAN-TAI / \ TING WCANT >/ N^VENPORT NlEHrlJAI / \CHIANG CHIF-FU / \baber PBISONEBS. —j— LINGUIST VACANT which was accepted. The wild men were then called :— Erh T'ung-wa,* La-tu, Erh La-kan, Erh-kan, and Lu Lan-tang. Erh T'ung-wa and La-tu (according to the linguist) killed Margary and four men (La-tu showing with his fingers). They were twenty odd in all. Did not cut off their heads. Took two horses, with clothes, &c., and divided the spoil between the two caves. Did not kill the man who was looking after the baggage. La-tu afterwards went with Mohammedans and certain Chinese to Nan-p'6ng. Ehr Fung-wa did not go. When they reached the river the foreigners fired and killed + one of them, A-yung, ti.nd two Chinese, names unknown. The foreigners fired for about half a day. Prisoners ran away. One c.ive contains forty or fifty men. They threw the bodies of Margary and the others into the river, as it was convenient. Had on the same sort of clothes as the Chinese wear at the time of the murder. J Erh La-kan is a Yiinnan cave man ;§ so is Ehr-kan. Both were concerned. |1 Lu Lan-tang did not go to N'an-p'Ing. The previous two went. Called : — Erh-kon, Erh-la, Erh Kang-kan, Erh P'ai-la, Erh Yang-shuang, and Shih-nai. Erh-kon is a Yun-gen man ; he plundered, but did not kill any one.^ Erh-la is one of La-tu's men. Killed a Chinaman. Killed him because Margai-y fired. Ei'h Kang-kan says nothing at all. Linguist says Erh Kang-kan killed one man. Erh P'ai-la assisted his friends in the murder. Erh Yang-Shuang also killed a Chinaman, or assisted. Shi-nai was present, but killed no one.** Erh-kon was not wounded. Called : — Chiang and "Wu Chi-liang. Wu sent presents to Margary on his reaching T'^ng-yiieb, and received from him a letter of thanks, which is extant. Margary said he should return, but gave no date, nor was any despatch or letter written on the matter afterwards. They sent no soldiers to stop Colonel Browne. No soldiers were sent at all. The soldiers never left their stations ; and no soldiers went secretly to stop foreigners. No one named Hua, Shun, or Sung gave any message from them to the Burmese Cotton Agent ; nor did any other person. T'eng-yiieh is 500 li from Man-yiin, according to the usual local reckoning. The train bands are often called out to repress inroads of rebels ; rumours were abroad that foreign soldiers were coming, and it was feared that outlaws and others would enter with them ; they assembled for their own protection. Li Chen-kuo did not tell them he intended to stop the foreigners. He was at Meng-mao. Margary was killed by savages. Chinese always pay black-mail, otherwise they are in danger of being robbed. * Erh T'ung-wa has a very shrill voice when excited. t Tlie linguist says ''A-yung" was killed. The men do not seem to say the same. On my asking to have the question repeated, they still do not mention the name. — E. C. B. \ Their head-dress is different from the Chinese, their hair being tied up on the crown. § According to linguist The man himself .says ''N'ting." II Ting here says, "It is hardly worth while taking down all the old evidence from these men." •If Erli-kon himself says, " Kung-pick." ** Being asked, "Which is the man that Margary wounded?" Chiang Taotai replies, "Erh-kon." The linguist says tUe woueded man is not present. Erh-kon himself stoutly denies that he was wounded. 35 They discovered the details of the murder after capturing the savages. They first heard of the affair at the end of the 1st moon. Margary would not give black-mail, and was killed. They had not suflScient force to arrest the culprits at first, but on receiving the Fut'ai's orders a force of 1 ,000 men was sent. Li Ch'In-kuo was at Meng-mao about the matter of Ma-erh, a Mahommedan. Never heard of the outrage being instigated by any one of the name of Yang. Never heard of anybody that instigated it. Chiang took 1,500 men to seize the offenders, and captured fourteen men and fifty odd packages ; two died subsequently, and one died in the capital. Forty or more savages were killed or wounded. The soldiers suffered a loss of fifty men and three oflicers. Called Li Han-hsing : Is also named M6ng Yii ; is not called Shu-chun. Is thirty-seven years of age ; has a mother, aged seventy, and a younger brother. Has been in Burma fifteen years in Pieh-miu. Wanted to come back and see his mother. Had 3,000 taels' worth of property, foreign goods, &c., including 500 taels in money. Met P'o (Colonel Browne?) and a doctor at Pieh-miu, with another foreign official. They had with them fifteen Mohammedan soldiers and a Burmese escort. Does not remember on what date they reached Bamo. They all arrived at Kung-tung intending to go to Yung-chang, with over a hundred baggage animals in charge of the wild men. A diffi- culty occurred with these people about breaking open the packages. A foreign official, with a white beard, overtook them at Kung-tung, having come round from Shanghae. The party all returned to Bamo, and started again by the Nan-mo road. They paid half the carrier's wages at Nan-mo, promising the other half an Man-yiin. In three or four days they reached Nan-p'eng, where they heard through the Burmese that the road was stopped by savages. Margary said he had been well treated on his way through, and went on to try the road. Was sent with Margary. and reached Hsiieh-IL Does not know the Burmese or wild men's names for Hsiieh-li. Margary asked if Li-ssu Ta-jen was at Man-yiin. " No, he is at M^ng-mao," was the reply. Margary then asked the native Chief to escort him. The Chief said the savages were out, and did not dare to go. " If you won't go I'll go by myself," said Margary, and went on telling deponent to wait for orders which he would send from Man-yiin. On the morrow no letter came from Margary, but Colonel Browne and the rest came up to Hsiieh-li, without their baggage however. They sent deponent back for the baggage; deponent met a Burmese, who said the savages would not bring it on ; does not know why Colonel Browne's party, therefore, returned to Nan-p'eng, leaving deponent with Shih Yii-t'ien at Hsiieh-li to await news from Margary. They stopped a day, and then determined to follow Margary. On the morrow, about 10 a.m., they set out and went on about 8 li, where they met about twenty or thirty men with Margary's pony. They were afraid and ran away. Does not know if Shih Yii-t'ien was caught. They sejzed deponent and demanded money. He said he had none ; so they beat him until he fainted, and then left him in the cave bound, with three men to watch him ; these men got drunk, and he fled in the night. After wandering about for two days he was again captured by a different band and kept for twenty or more days as their slave. One day they went out to hunt and he once more escaped, and in six or seven days reached T'^ng-yueh. The people who captured him were savages and Chinese kidnapped by them. He does not know what became of Shih Yu-t'ien. Fell ill at T'^ng-yiieh for five or six months. Never heard who stopped Colonel Browne. Saw no soldiers among the people who were leading Margary's pony. Li Ch'en-kuo came to T'Ing-yiieh afterwards, but he does not know when. Did not see him until arriving at Yiinnan Fu. Prays that some- thing may be done to recover his property. Called Li Chen-kuo, otherwise Li-ssu Ta-jen : — Went to M^ngmao on 23rd November, 1874. At Man-yiin saw Margary, who presented his passport. Margary stayed three days. Deponent gave him a present of provisions, and sent two men to escort him. After Margary left, deponent went to Mlng- mao. Margary said he was going to meet foreign officials, but did not Say when he was coming back. He said, however, that a despatch would be read notifying their coming. Elias, with another foreigner, came to Mengmao on the 1 9th February, and deponent saw him next day. Elias wanted an escort back to Burma. Deponent provided animals to take him to the boats. Elias sent him a gun, which his servant accepted for him in his absence. Deponent returned it, but Elias sent it again, as a token of friendship, and deponent accepted it, giving the messenger, a Canton man, a card in acknowledgment. Never told Elias that he (deponen,t) had 300 soldiers with him. At Mengmao deponent received a letter from the train-band officers, who had assembled the train-bands, asking him to return to T'6ng-yiieh. He reported this to Ts'6n Kung-pao, but did not reply to the officers, 36 Mfingmao is 600 odd li from Man-yiin. Deponent denies having had anything to do with the affair of Colonel Browne. Has no nephew named Shu-chiin. Question by Ting Taotai (suggested) : " When you went to Ava why did you not call on the British Resident ? " Answer : " I was only three days in that city, so I had no time. I paid no calls to any official, Burmese or otherwise." Remarks. It was evident that the wild people did not realize their situation, and understood the linguist with difficulty. Ting Taotai, the President of the Court, conducted the examination chiefly by means of questions ; the linguist would then say a few words to the prisoners, which they scarcely seemed to understand, or, at any rate, did not answer with more than some half-dozen words, and then give a long reply to the President's question in the tenor of the written depositions. Mr. Davenport, by way of introducing a subject to which no allusion had been made in the depositions, suggested that they should be asked what clothes they wore at the time of the attack on Mr. Margary. After frequent repetition of the interrogation by Ting, Chiang, and two underlings, to the linguist, who had with great facility apprehended all the set questions, he replied, with little or no response from the prisoners, that they wore Chinese clothes. The linguist, as it appeared to Messrs. Davenport and Baber, suggested replies to the prisoners, or asked leading questions, which they generally acknowledged with little more than a careless growl. Their demeanour was anything but that of criminals who had confessed a capital offence. Seated on their haunches on the floor of the Court, they gazed on the assemblage with an air of complacent and comfortable satisfaction at the whole proceedings. It is true they were fettered, and that heavily ; but hostages from the border tribes are generally fettered, as was seen at P'ing-shan. When the linguist was asked (by suggestion) to indicate the man wounded by Margary's shot, who, according to the depositions, was Erh-kon, he first replied that the man was not present. Ching Taotai then suggested that it was Erh-kon, whose re-examination, by the way, has it that the wound was inflicted with a sword ; but on the question being put repeatedly to Erh-kon, the savage denied having been wounded at all with so convincing an air of disdain that the linguist had no alternative but to reply to the same effect. Mr. Baber objected five or six times that the names of the caves were never enunciated by the prisoners, nor did they, even when the matter was explained to them, make any utterance which remotely resembled the sounds " Wa-chiao," or " Yun-yen." It was remarked that when Chiang and Wu, the reduced officials, withdrew at the termination of their interrogation, the Court rose to salute them. The question about the visit to Ava was suggested with the object of establishing the identity of Li Ch'4n-kuo.* It was, of course, not competent for Messrs. Davenport and Baber to examine the prisoners ; indeed, they ventured somewhat beyond their proAonce in suggesting questions to the President. (Sighed) A. DAVENPORT. E. COLBORNE BABER. Inclosure 9 in No. 3. Mr, Grosvenor to Sir T. Wade. Sir, Yunnan Fu, March 23, 1876. AS soon as ever the Chinese version of the Yunnan outrage was in my hands, I drew up a statement in parallel columns, which I have the honour to inclose, showing the discrepancies between their story and ours. On the 21st of March I sent to the Imperial Commissioners to announce a visit on public business, and on the 22nd, in the afternoon, I waited upon them, in order to carry out that portion of the instructions you did me the honour to address to me, which desire me to explain to the Imperial Commissioners the discrepancies existing between the English and Chinese versions of the circumstances connected with the Yiinnan outrage. It was only by constant and careful repetition that I managed to make the Imperial Commissioner Li Han-chang understand the object of my visit. The Ex- Vice-President * Li Ch6n-kuo is an old-looking man, though his age is only 43. Has a very long prominent upper lip ; pig- tftirthin ; low stature. ^ 37 HsuSh-hwatl, of course did not understand. He is very deaf, and apparently approaching his dotage. Notwithstanding this difficulty at the outset, I went carefully through all the points contained in the above-mentioned statement, and when I got to the end, formally declared to the Imperial Commissioners that my participation in the affair was over. In conversation, I added that I must express my thanks for the very civil treatment I had received both at the provincial capital and all through that part of the province of Yiinnan which I had hitherto visited ; and that 1 thought it but a fair return for their kindness to give them my opinion upon the case which had brought us together. I then said, "Let me warn you solemnly that Her Majesty's Government will never accept such a statement as that which you now put forward as the truth." I might have spared myself the trouble, for my words were completely thrown aWay upon the Imperial Commissioners. I have the honour to inclose a Memorandum of this interview taken from notes made by Mr. Davenport at the time. I have, &c. (Signed) T. G. GROSVENOR. Inclosure 10 in No. 3. Comparative Statement of English and Chinese Version of the Yiinnan Outrage. — Murder of Mr. Margary. English Case. 1 . A Burmese'' belonging to the King's cotton agent at Man-yiin, deposed on the 1st of March, at Bamo, that Mr. Margary was killed, not by local savages or Chinese, but by order of the Chinese officials who had come down from Momein. These officials are called by the deponent, Lyo Tsheng Tsheng, and Shoon Tsheng Tsheng, and deponent concludes by stating that he has heard that the heads of Mr. Margary and the Chinamen who were killed, were taken up to Mom-yeng after being exposed in the town of Man-yiin. 2. A Burmese scout who was sent with Mr. Margary to Man-ytin staten, on the 25th February, 1875 :— I was sent from the fifth guard-house to feee what was going on in Mau-yiin. We arrived on the 19th of February, at the Tsarai Tsawbwa's house. We slept there, and the next day we went to Man-yiin. On the 2 1st of February, the Chinese officers killed Mr. Margary, and five Chinese. A Burmese* belonging the King's cotton agency, states : — On the 21st of February I saw Mr. Mar- gery in Man-yiin, I saw him several times. He was going about the town, sometimes accompanied by Chinese, and sometimes alone. Two officials, Lyo Tsheng Tsheng and Shoon Tsheng Tsheng, came down from Man- yiin. On the evening of the 21st February I heard that Mr. Margary and his men had all been killed. Mr. Margary was said to have been asked to go and see some hot springs, and when he got on his pony they knocked him off and killed him. His men were killed in the Kyoung, in which they were staying. This was done not by any Chinese Case, as stated by Ting Taotai. 1. The murderers of Mr. Margary turn out to be wild hill-men, robbers by profeSf- sion, who inhabit the Yeh-jen Shan, and include certain renegade Chinese, who have fied from justice, and have joined the savages. 2. Li Chen-kuo never expected th^t Margary would come on in front. Margary reached Man-yiin. He left the day before Li's men went to stop Colonel Browne, and passing by them unhappily fell in with the robbers. These are robbers by profession, and are not to be confounded with the body which hindered Colonel Browne with the sole intention of stopping him, not of hurting or plundering him. It was after crossing the Hu-sung River, 15 li from Man-yiin, that Margary en- countered the robbers, who, in accordance with their usual practice, demanded black- mail. They are a mixture of wild men, Chinese renegades, and Chinese captured when young, but include no Mohammedans amongst them. Margary refused their de- mand and shot one of them, thinking to disperse them, whereupon they surrounded him : he dismounted to engage them, and was murdered, with four men who accom- panied him. Margary was killed with their swords; they had no fire-arms. Another Chinese who was with Margary had rie- * The same Burmese previously alluded to in paragraph 1. 38 English Case. local Shans or Chinese, but by order of the men from Momyeng. A letter from Burmese officials (Customs officer, seller of the Royal cotton, and others), states : — On the 20th of February, 1875, the Englishman Margary arrived at Man-yiin, and on the 21st of February, 1875, the Chinese killed him, as also three Canton Chinamen, and two others, altogether six of them. Colonel Browne on rising on the morning of the 22nd of February found a con- tinuous line of armed Chinese defihng along a ridge on his right towards the rear of his camping ground, where, on a hill covered with jungle, a strong force had established itself [t soon became apparent that except on the steep to his left, by which it was impossible to attack him, he had enemies on all sides, and while in doubt as to what could have provoked their hostile action, the Chief whom Colonel Browne had left at Tsaurai on the previous day, came up the steep on his left with the news that Mr. Margary and all the Chinese with him had been murdered the previous evening at Man-yiih, that a force of 4,000 men had been assembled by Chinese officials at Momein to annihilate the mission, and that the men then approaching were but part of an advance guard of 800 men. He had endeavoured, he said, to reach the mission earlier to give the alarm, but had been de- tained and deprived of his pony. He had, however, escaped, and had come on on foot. While he was speaking, the Chinese, creeping up through the jungle in the rear, began to fire on the mission, and the Chief disappeared. Some of the bolder Chinese advanced through a gap in the hills in rear of the position, into the open ground waving guns and trident spears. They shouted out in Chinese that they were commanded by Shouk-goon, the nephew of the great Li, and called on the Burmese escort to retire and leave the " Kalas " to their fate. The Sikh guard opening fire upon these Chinese soon drove them back with some loss. The Burmese also kept up a fire, but they were badly armed and did no execu- tion. It is noteworthy that the Chinese throughout never fired at the Burmese, and that even when retreating before the fire of the Sikhs, they continued as before to shout their advice to the Burmese to keep away from the foreigners. After their first repulse by the Sikhs, the Chinese did not venture out of the jungle, where they continued firing at long range until the afternoon. Colonel Browne suc- Chinese Case, as stated by Ting Taotai. mained at the temple (Mien Fo Ssti), whence Margary had just set out, to attend to the baggage ; immediately after the massacre the robbers hurried to the temple, but the man escaped, Now who was the originator of the oppo- sition to Colonel Browne's party ? On this point several of the local gentry in com- mand of the T'eng-yiieh train bands were questioned, not indeed judicially as crimi- nals, but privately lectured and examined. Strangely enough we discovered that the originator of the whole affair was the person mentioned in Sir T. Wade's despatch, namely, Li Ch6n-kuo. We had previously heard that Li Chen- kuo was suspected, but were unwilling to believe that a person of his condition could be implicated. Further inquiry left no doubt as to his culpability. That he re- fuses to confess is not surprising; nor in view of the gravity of his crime can we proceed to torture, as he might afterwards retract, and assert that an admission was wrung fi-om him by pain. Such is his obstinacy that three months' examination has only elicited from him three words : " I know nothing" (" pu chih tao "), doubtless in the hope that if he does not confess he cannot be punished. Never- theless he cannot escape justice ; the evi- dence against him is overwhelming — the proofs a certainty. Colonel Browne on the 22nd of February, about mid-day, when at the foot of the Panshi hills, was met by a band composed of wild men, Mahommedan outlaws — a remnant of a band once commanded by a son of Li Kwo-lun, and Shan people, all sent by Li Ch^n-kuo. There were also with them a number of Li Ch6n-kuo's personal retainers, as well as some of the robbers who had killed Margary. Li Ch6n-kuo's sole object was to stop Colonel Browne and Margary together. Li Ch^n-kuo was not concerned in Margary's murder. Li Chen- kuo was not present at the stopping (" Ian tsu ") of Colonel Browne ; for Nge-yu-ko (Elias) saw him at M^ng-mao on the 18th of February. The band did not fire a single shot. Colonel Browne seeing that he was beset, opened fire and wounded a few of them, and paid the head-man of his coolies to go round and fire the jungle. Li Ch^n-kuo's band got frightened and dis- appeared; Colonel Browne returned to Burma. Great stress is laid on the evidence (?) adduced in support of the above statement on the fact that officials and people at Ting Yiieh-ting were unaware that foreigners were cottiing. Wu-chi-liang, in his evi- 39 English Case. ceeded in getting the jungle set on fire by by some friendly savages whom he bribed, and the Chinese in rear of the position rushed back to gain the ridge along which they had originally come down. The Chinese had left some dead on the field, and the head of one of the latter was cut off by a hill-man, who brought it to Colonel Browne, observing that he might thereby be satisfied that his assailants had been Chinese, and not men of the hill tribes. Letter from Burmese officials at Manyiin (Customs officer, seller of the Royal cotton, and others) to the Bhamo Tsoare-taw-gyee (intercepted by Colonel Browne) : — " The officials sent by the Won of Mon- yeng — viz., Bhwa Tsheng Tsheng, Shoon Tsheng Tsheng, and Tyo Tsheng Tsheng, have told us to write to you urgently, to say that, on the 23rd of February, 187.5, you must not remain with the English Koolas, whom you are escorting; you must either leave them and return, or you must stay in some place a mile or two miles from them. If you do not do so, and if, in consequence thereof, any of your men are wounded and killed, you must not blame the Chinese. As they have told us, so we write. The attack will be made at night on the 23rd of February, 1875. Above 3,000 and about 4,000 men are collecting and sur- rounding you. We think it will be wise for you to retreat." Statement of a Burmese scout who was sent with Mr. Margary to Manyiin : — " The. Chinese officers said to Gua Hpo- moung and Gua Oon, 'you must send some one to tell the Burmans to separate from the Koolas,' and Gua Hpo-moung and Gua Oon accordingly gave me and Gua Lwon a letter to give to the Tsare-daw-g-yee. We left Manyiin on the 23rd of February. At Tsarai we met Yoon-tsun-lweng, and Toon Tseng Tseng, and the latter asked me if I would tell the Burmans to separate from the Koolas. I said I would. Some Kakh- yengs of Tsarai and the Chinamen wanted to kill me, because they said I had come from Manyiin, but Toon Tsheng Tsheng ordered me to go at once and tell the Bur- mans to separate fi^om the Koolas, so I ran away. " On the road I met the Chinese officer Shouk Goon, who said he was coming back from the fight between the Kakhyengs and Chinese and the English. I ran away, and came up with the Burmese forces at Tsalee." Statement of a Burman lately resident at Manyiin, dated Bhamo, March Ist, 1875 : — On the 16th of February, I think it was, ' Chinese Case, as statdd by Ting Taotai. dence, however says that, on December 2 1st, 1874, he was instructed that three British Envoys were coming through Burma from India to Yiinnan. Eow, then, could he be aware of their arrival? In addition to which, Sir T. Wade's despatch to the Prince of Kung, of the 20th of August, 1875, distinctly states, on the authority of the letter received from the late Mr. Mar- gary, that Ch^n Futai excused himself from seeing Mr. Margary on his way through to Burma, but said that he should be happy to see him when he came back. 16781 G ' 40 English Case. Chinese Case, as stated by Ting Taotai. that 1 first heard rumours of Chinamen being collected to go on the hills. Two officials Syo 'Tsheng Tsheng and Shoan Tsheng Tsheng, came down from Monyeng. It was said that they had a force of between 3,000 and 4,000 men. These men were not allowed inside tTie town, but we heard the noise made by ,them outside the town at night. V ***** We Burmans were concealed by people of the place. On the 23rd of February, one of the Chinese officers said, " These Burmans have joined the English, and have cut ' off the head of one of our officers. Many Chinamen and Kakhyengs have been killed by them, and they danced in front of the English when they opposed us. They ought to be killed." Inclosure 1 1 in No. 3. Memorandum of an Interview between Mr. Orosvenor and the Commissioners Li and Hsiieh, and their Associates Ting Taotai, Ching Taotai, and Ch'en Weiyuan. TING- TAOTAI, in reply to an observation from Mr. Grosvenor, said that the only matter still undone was the ceremony of " kuo-t'ang," at which Mr. Grosvenor might wish to be present, although it was a mere form. " Kuo-t'ang" was the production of the prisoners before the Commissioners Li and Hsiieh, when they would again confess their guilt and subscribe their confessions. Mr. Grosvenor replied that his instructions related to the trial, which being now terminated he had nothing further to do with the matter. Mr. Grosvernor said that in accordance with his instructions it was his duty to point out serious discrepancies between the English and Chinese versions of the circumstances attending the Yunnan outrage. In the first place, according to the English case, Margary was killed not by wild men but by Chinese officials. Ting Taotai replied at great length, arguing that the Commissioners had carefully inquired into that statement, and found that there was no proof whatever ; it was merely hearsay evidence. Mr. Grosvenor then called attention to the Burmese evidence, pointing out that the officials who murdered Mr. Margary had come expressly down from Momein. Ting Taotai replied that trans- lations of a like tenor had been sent by the Tsungli Yamfen, but on investigation they had elicited that nothing of the kind had ever happened. Mr. Grosvenor pointed out that according to this evidence a murderous attack had been made upon Colonel Browne, whereas in the Chinese version it is merely alluded to as a case of stopping him. Ting Taotai replied to the effect that Li Chen-kuo was the originator, and that as he would not confess there was nothing further to be learnt in the matter. Mr. Grosvernor observed that according to his version the heads of Mr. Margary and his followers were exposed on the walls of Momein. Ting Taotai replied that they had inquired into the matter and found that the statement was not true. Mr. Grosvenor continued to go steadily through the discrepancies, and Ting Taotai's replies were invariably to the effect that all these allegations had been carefully investigated and been found to be baseless. Mr. Grosvenor then remarked that in the Chinese version great stress had been laid on the fact that no one knew that the English officials were comings Ting Taotai replied that the local authorities knew that Margary had passed through for the purpose <>f meeting officials, and they informed the leaders of the train bands. The only people who did not know were the wild men. In conclusion, Mr. Grosvenor pointed out, that of the 2,000 men admitted by the Chinese to have been present at the attack on Colonel Browne, none had been arrested 41 and that neither in that case nor in the case of the murder of Mr. Margary, had a single witness been produced, and that it therefore became his solemn duty to warn them seriously that such statements as those now advanced would never be accepted by Her Majesty's Government. He said this because, having been treated with so much courtesy both in the city and on the journey, he felt bound to make this explanation in a friendly way. March 22, 1876. Inclosure 12 in No. 3. Mr. Grosvenor to Sir T. Wade. Sir, Yunnan Fu, March 23, 1876. AT the close of yesterday's interview with the Imperial Commissioners, his Excellency Li Han-chang spoke to me in the following terms : — " 1 will see that a proper official and escort are deputed to accompany you as far as Manwyne. Please do not pass that place until your own escort has arrived there and taken charge of you, Messrs. Davenport and Baber. I have, in consequence, written to Captain Cooke at Bhamo, requesting that the escort may be moved up to Manwyne, and have given the letter to the Imperial Commis- sioners for transmission to Bhamo, info'rming them previously of the contents of it. Under these circumstances, there can be no pretence of a misunderstanding. Ch'^n Kung-pau, the acting Governor-General of this province, has deputed a General to accompany me to Manwyne. This oflScer's name is Lei Ying-shan. The civil officials who accompany me will only go from place to place, and will then be relieved. (Signed) ' f. G. GROSVENOR. P.S. — I intend to leave this place the day after to-morrow (March 25, 1876). T. G. G. No. 4. Sir T. Wade to the Earl of Derby. — {Recewed September 24.) My Lord, Shanghae, July 22, 1876. I HAVE very great pleasure in submitting to your Lordship copy of the inclosed letter from Mr. Grosvenor, acknowledging the cordial and valuable support he had received from Mr. Davenport and Mr. Baber, the gentlemen selected to accompany him to Yiinnan. I cannot doubt that Mr. Grosvenor's recommendation will be duly appreciated by your Lordship. Z have &c (Signed) " THOMAS FRANCIS WADE. Inclosure in No. 4. Mr. Grosvenor to Sir T. Wade. Sir, Yiinnan Fu, March 23, 1876. I SHOULD not be fulfilling my duty were I to omit to mention my appreciation of the services of Messrs. Davenport and Baber. It would be impossible for any one under the same circumstances to give the person appointed as chief of the mission more cordial or valuable support. 1 have, &c. (Signed) T. G. GROSVENOR. [678] G 2 42 No. 5. Sir T. Wade to the Earl of Derby.— {Received September 24.) My Lord, Shanghae, August 'J, 1876. IN my despatch of the 22nd July I had the honour to forward your Lordship copies of the papers sent up to Peking by Mr. Grosvenor, as having reference to the proceedings had under authority of the High Commissioners at Yunnan fu. I now beg to inclose the Reports and other documents placed in my hands by Mr. Grosvenor after his arrival at Shanghae, as containing such information as he had been enabled to collect at Manwyne or elsewhere, on his way to the Burmese frontier. I append a sketch map of the neighbourhood of Manwyne, prepared, at my request, by Mr. Baber. This establishes the position of the temple close to the low wall of Manwyne, in which Mr. Margary lodged, and of the spot near the hot springs, at which he was killed. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 5. Mr. Grosvenor to Sir T. Wade. Sir, Bhamo, May 25, 1876. WITH reference to that portion of your instructions which desired me to make what inquiries I could at Manwyne with regard to the murder of Mr. Margary and the attack on Colonel Browne, I have the honour to state, that shortly after my arrival at that place, I sent out a Chinaman to converse with the inhabitants of Manwyne, and obtain from them indirectly as much information as he could on the two above-mentioned points. This man returned after the absence of an hour or two, and reported that the villagers, though willing to converse on other topics, the moment the late Mr. Margary's name was mentioned ceased talking, feigning ignorance of the arrival or departure of any foreigners last year. My informant (of whose willingness and discretion I cannot speak too highly) very soon succeeded in learning from the people he weis talking to, that this reticence was due to the presence of two petty officials from Tlng-yiieh-chou, who had come down to Manwyne, and had told the inhabitants on no account to let me, or any one connected with me, know the true details of the murder of Mr. Margary ; adding that any one who did give me any information would be taken up to Tlng-yiieh and put to death. Soon afterwards, however, the place at which Mr. Margary stopped on his first visit to Manwyne was identified. The name of the owner and the position of the house being ascertained, Mr. Baber suggested that should go there and pay a visit, feigning to be one of the late Mr. Margary's servants, and to have escaped at the time when his master was killed. This ruse was completely successful. was recognised by the master of the house, and some of the family, as one of the late Mr. Margary's attendants, and was warmly congratulated on his escape, and asked to relate his adventures ; which he did, relying on his imagination to find fitting facts. He said that the terror of the moment had quite dulled his memory as to the precise spot of the murder, but that, according to the best of his recollection, it was 2 li distant from the village. The master of the house in reply said : — " It is not wonderful that you should have forgotten, but the ford of the Hu-sung river is really 7 h from here." (There are 5 li to an English" statute mile nearly all through the province of Yunnan.) shortly afterwards left the house, but returned there the next daj'^, and whilst there met another visitor, who was also aware of the scene of the murder. Having got so far, I sent for the gentry of the place, and examined them. I beg to inclose a Memorandum of what passed at the interview. These gentry were six in number, and I examined each one separately. With the exception of the first man examined, they all denied any knowledge whatever, even at the present time, of the murder of the late Mr. Margary ; and the first man, although he began by stating that he came to Manwyne every year on business, afterwards said that he had not been to Manwyne the year of the murder, but had heard of it in the neighbourhood of Teng-yiieh. In the evening of the day on which this examination took place, another man, , began to talk openly about the murder of Mr. Margary. He said that first a letter had come down from the sub-Prefect of T6ng-yiieh ; this letter was followed by a body of soldiers; but Mr. Margary had gone to the ford of the Hu-sung river, with what 43 purpose did not know. That whilst Mr. Margary was there some Kakhyens crossed the ford of the Hu-sung and joined the soldiers in an attack on him, which resulted in his being murdered in a rice field by the river, near the hot spring below the banyan trees. After Mr. Margary was killed, the attacking party cut off his head, and having nearly smashed his skull with stones, they brought his head and hung it upon a tree, not more than 100 yards from the town of Manwyne, as a warning to all travellers Some people of Manwyne, fearing that if the head remained where it was they would be implicated in the murder, went to the tree at night, and taking the head down, threw it into a well. did not know what well. Mr. Margary's body was either thrown into the Hu-sung river, or left on the spot where he was murdered. added that 600 taels were paid to the wild men for their share of the work. The expression " under the banian trees " is used as a local designation for a certain spot. Mr. Baber had a temporary bridge constructed, in order that the troops sent to escort us might cross the Hu-sung river dry shod; and on inquiring his road to get to the bridge, was informed in the town that it had been constructed " below the banyan trees." The same further stated that there was not a man in Manwyne who did not know the story of the murder as he had told it. In confirmation of this story I beg to inclose two extracts from the diary of the Political Agent at Bharao,the one made in March 1875, and the other on the 12th of May of this year ; and further, to call your attention to the evidence obtained by Colonel Browne shortly after the attack upon him, and to the garbled statement made orally and in writing by Ting Taotai during the so-called trial at Yiinnan-fu. I went on the following day to the spot , described by as the scene of the murder, and found it tallied exactly with the description given. It is distant 1^ miles from Manwyne, and the Hu-sung river runs past the spot, distant about 250 yards. Colonel Jebb, commanding the 67th Regiment, a portion of which formed the escort sent to meet me, stated in writing to Mr. Davenport that the last Kakhyen Tsaubwa, whose territory he had to pass through on the advance of the escort to Manwyne, had defined his jurisdiction as bounded by the Hu-sung river in the direction of Manwyne. The Kakhyen Hills do not commence until after the Hu-sung river is crossed. The mother of Li Chen-kuo is a resident of Bhamo, and just before Captain Cooke, the Political Agent, left that place to accompany the escort to Manwyne, he received from her a written statement, which I have the honour to inclose in English and Chinese, con- taining the names of those whom she says are the real authors of the outrage upon Mr. Margary and Colonel Browne. Whilst I was at Yiinnan-fu, a petition from reached me through a confi- dential channel. I also beg to inclose this document in original with translation by Mr. Davenport. As soon as I had reached Bhamo, I requested Captain Cooke to send for Li Chen- kuo's mother, and I examined her as to what she knew. She is old and deaf, and the conversation was conducted through the medium of a young Chinaman, who stated himself to be Li Ch^n-kuo's servant, and to have brought a latter from Yiinnan-fu to the mother. The result of this interview is appended to this despatch. One point of .mportance was elicited, namely, the name of the temple where Mr. Margary was staying ^n the 21st of February, 1875. This temple was occupied by one company of the 67th oegiment during their stay at Manwyne. Li Chen-kuo's mother sent me a written state- ment of the names of those implicated in the affair, copy and translation of which I have the honour to inclose. Owing to a landslip in the hills, I was not able to visit the scene of the attack on Colonel Browne, nor have I been able to get any direct evidence on the subject. Of course, Li Han-hsing, alias Meng-yo, could furnish the required evidence, were he not a prisoner at Yiinnan-fu. This much, together with two statements made by Captain Cooke's interpreter, the one before Mr. Davenport, the other before Mr. Baber and myself^ is the sum of what I have to report from personal investigation and documents that have been communicated to me. I shall have the honour, in a subsequent despatch, of recording the general tenor of the hearsay evidence gathered along the route I pursued. I have, &c. (Signed) T. G. GROSVENOR. 44 Inclosure 2 in No, 5. Statement of Li Kai-ching. U KAI-CHING (Chinese), fifty-one, is a native of a village ten li from Teng- yueh, and deals in cotton. Comes to Man-yiin every eleventh month, and returns every fifth month ; has no property in Man-yiin ; has four children ; when Margary came was at Teng-yueh, or near it, in the country-, only heard of his death from people in the streets talking of it. Knows nothing about the affair > came to Man-yiin for the first time in the eleventh month of last year. Does not know any locality of the name of Mien-fo-ssu. 2. Chi Shao-ts^ng (Chinese) is a doctor, aged 70 ; came to Man-yiin in third moon of last year ; contradicts this, and says it was the seventh moon. Knows no locality of the name of Mien-fo-ssu. 3. Lin Tzu-chang (Chinese), aged 56, sells tobacco ; came to- Man-yiin from Hij-sa in the ninth moon last year. Calls No. 1 Li Va-hsin ; has no relation named Lin Hsiao- hung, but has heard of a person of that name, whose mother, on the death of her first husband, married a certain Yang ; has never heard anything of Margary's murder ; no one ever told him of it. Knows of no such place as Mien-fo-ssu. 4. Tuan Yung-ch'uan, Chinese general dealer, came to Man-yiin in the 10th moon, last year. Has never heard of any foreign official being murdered ; knows of no place of the name of Mien-fo-ssu. 5. Man-ha-to-yin, Shan, 46, lives on his farm. Never heard of a foreigner being killed. 6. Pa-ka, Tai-yi, or Shan, farmer, never beard of Margary having been murdered. Inclosure 3 in Fo. 5. Extract from the Diary of the Political Agent, Bhamo. March 30, 1 875. — THE Mormla Tsembwa, who accompanied Mr. Elias and myself to Myne-mow, came in this morning. He states that he has been to Manwyne, and has ascertained that Mr. Margary was killed outside of the town, and near the water's edge ; that his head was stuck upon the walls of the town, and that the body was thrown into the TaipiiTg Chyoung ; all the Chinese attendants were killed except one, and he 6SC3.T)£Q (Sigqed) CRAWFORD B. COOK, Acting Political Agent. Inclosure 4 in No. 5. Extract from the Diary of the Political Agent, Bhamo. AFTER crossing the Hotsoung, we passed over some paddy fields about 250 yards in width, and then came to a smaller stream. The Burmese guides who were in front of Colonel Jebb and myself, stopped, put their hands in a small pool, and asked us to feel how hot the water was. That, they said, is the hot spring near which Mr. Margary was attacked by the Chinese and Kackyens ; he was wounded here, and ran up the grassy slope on the east of the stream, and was followed and killed under a certain tree^ pointing out one of three trees, which grew at intervals of about thirty or forty yards along the crest of the knoll. This information was entirely voluntary, and corresponds closely with what was told us at the time of the murder, in February, 1875. (Signed) CRAWFORD B. COOKE, Qaftain, Bhamo, May 24, 1876. Political Agent, 45 Inclosure 5 in No. 5. Petition of the Mother of Li Chen-kuo. (Translation.) The Petitioner, Li Fan Shih, 78 years of age, the mother of the degraded official, Li Chen-kuo, on her knees petitions the British Minister in a matter of repeated wrong and injustice. IN the case of the murder of the foreign official Margary at Manwyne, and the stoppage of Colonel Browne at Nanp&ng, the petitioner's son, Chenkwo, had long before been sent on public s'ervice to Meng-mao, which is upwards of eight days' journey from both places where he was seen by the two foreign officials Ehas and Cooke, who can bear witness that he knew nothing of the matter. When the Minister went to Yunnan conjointly to investigate the case, his luminous intellect quickly discovered the deception, and elicited that the petitioner's son was not present at those places, but while the petitioner's whole family were filled with inexpressible gratitude and thankfulness, suddenly, on the 3rd day of the third moon (28th March), two days after the Minister's departure, the petitioner's son was again brought up for examina- tion, when the Court in an access of rage, without listening to any explanation, perversely laid the- blame of the stoppage of Colonel Browne upon the son of petitioner. When suddftnly confronted with this unexpected misfortune, he at once represented that Eli^s and Cooke who were with him at the time at Mesng-mao, could alike testify that he was unacquainted mth these aflfeirs. This stafeenaent merely increased the wrath of the Court, wherenflipan, without more ado, he was severely tortured and thrust into prison. This last accession of ill-treatmeint, for which there is no red-mss, is lattiadliy intolerable ; the inculpation of the wrong party by the Court is owing to the intrigues of Wu Ki-liang, late Magistrate ^of Momien. Thus, in this case, the two fijreign officials, Elias and Cooke, can bear witness that the son of the petitisner iknew giBthing of the matter, as they were with him at Meng-mao at the time, wlnle La- ban Hsing or Meng Yin can testify as to what occurred at Nan-peng at the same time, and as to thetjalling out of the train bands, there were the heads of the Central Committee, Yang kwai K'iiing, Hu tsi Yao aind others, and the bead quarters of the Committee were established in Wu Ki-liang's yamln. All these matters were clearly to be a^nekended, yet Idie Court, instead of ^putting any questions in this I'egard, persisted, in opposition to the dictates of common sense and their own consciences, in throwing the blame on the son of petitioner, who, as one crushed by the Tai-shan mountain, has no means of complaining of his ill-treatment. At the present time the high authorities in their jioint Memorial to the Throne, throw the blame solely upon the head of the son of petitioner. If this case should be wrongfully ■ determined, the petitioner, who is 60 or 90 years of age, and has only this one son, will have no one to support her in her old age. Having no other means of stating her injuries, after anxious and bitter reflection, she can only throw herself at the feet of the Minister, whose luminous intelligence must cause him to feel pity for an aged woman and her only son, and redress his injuries, after which, he will, if needful, go through fire and water to make some small return for the favour shown him. In this pressing state of affairs the petitioner can only pray the Minister graciously to write to the Tsung-rli Yam6n at the ■ capital to save the son of petitioner, and also write to the same effect to the thuee Envoys coming from the Province (Yiinnan) in order to redress his grievances. 4th moon of 2nd year of Kwang Sii (May, 1876). A true Statement by Ld Fan 8hih of the wrongs inflicted on her son, Li Chen-kuo. In this case of an appeal to the icaipital by foreign ^officials, heaven and^majn are alike outraged at the injury inflicted on the innocent, and the spirits and heaven alike regard this gross injustice. All the persons fraudulently charged with the crime are innocent, while the original contrivers were the Magistrate of Momein, Wu Ki-hang, and the notable Yang Hwai-k'iiing. Those who called out l!he train bands were Hu Tsi^yao, Hsiung Yin-kuang, and Hwang Pin-cbung. The leaders of the party were the respective heads of the several bands. Shih Yii-tian was beheaded 'by Wu -Ki-liang, and Yang Hwai K'iiing in the Vigilance Committee Rooms in the yam^n of Wu-ta-lao-yeh (the Sub-Prefect) in Momein. The priests of the Mien-fo-sye (Temple) can testify that the foreign official Margary was killed at Manwyne, and all the people in the town are well acquainted with the facts, which can 46 be learnt on inquiry of the village elders. Seeing that the whole matter may be elicited by inquiry, why should the innocent be wrongly implicated ? If I have said one false word, may heaven exterminate me. The above statements are true. Why should only the innocent be arraigned ; the people are dissatisfied with this injustice. The interpreter, Mgng Yin, alias, Li Han-shing, having accompanied the foreign officials, is a witness of all that took place on the way. The train band which stopped Colonel Browne at Nan-feng, was sent by the notable Yang Hwai-k'iiing of the Siaou-hsi band. The leaders of the train band were the three train band Chiefs Hwang Pin-chung, Hsiaou Yung, and K'ang T6-chuen, who brought into the field upwards of 400 men Hsiaou Yung is at present acting as interpreter for the wild men at the provincial capital. While at Manwyne, they captured Li Han-shing, and kept him prisoner for upwards of a month. The heads of the village can testify that while at Manwyne, they supplied themselves with food by levying contributions. The priests of Mien-fo-ssu, and the village elders can give evidence on this subject. Inelosure 6 in No. 5. Examination of Li Chen-kuo's Mother. (Extract.) Bhamo, May 22, 1876. LI'S mother knows nothing of the attack on Colonel Browne, but much about Margary's murder. Says that all the Shan temples are called " Mien-fo-ssii." The temple in which Margary stopped on his return to Manwyne was " Mien-fo-ssii Shang chung." Teacher, servants, and all, probably lived in the same temple. Baggage was also there. Margary was killed at Hu-sung river. The story heard by her was that Margary heard at Manwyne he was going to be murdered, and left the place. The Chinese writer, Shih-yu-tien, was carried to Teng-yueh. Says that Lin-hsaio- hung had nothing to do with Margary's murder; knows nothing of Shouk-goon. Spokes- man says he was at M^ng-mao with Li-chen-kwo when Margary was murdered. Lin-hsaio- hung has no father, but his mother is still alive. [Note. — This conversation was carried on through a young Chinaman, a native of Teng-yueh, who was present, with the mother of Li Chen-kuo.] Inelosure 7 in No. 5. Evidence of Captain Cooke's Chinese Interpreter, Liang. SAYS Shouk-goon in Chinese, is Tang-ta-wu. Tang-ta-wu is not the same as Yang Huai-k'iung. Lin Hsiao-kung is also known as Yang-chia-yeh-jen (a savage of the Yang family). Liu Hsiao-hung is not an official ; originally a small trader in tea and tobacco ; made money, and went into the carrying trade between Bhamo and Manwyne. Subsequently Li Chen-kuo took him under his protection. He was not concerned in the murder of Margary, but he led men in the attack on Colonel Browne. Inelosure 8 in No. 5. Memorandum of a Statement made to Mr. Davenport by Captain Cooke's Interpreter at Manwyne. THE man who caused the death of Mr. Margary at Manwyne, was a small military official, under the Commandant of Momein, named Liu-hsiao, a man notorious for his rapacity. The people who actually killed Margary were a miscellaneous set of Kakhyens, Shans, and Chinese vagabonds, set on by Liu. They speared Margary while bathing at the springs, and then came here to this temple ("mien-fo-ssii'"), killed the Chinese followers, and made off with their property. Liu-hsiao-hung was not personally present at the murder. The attack on Colonel Browne was made by a band of about 400 men, composed of Shans, Kakhyens, and train band men of Momein. Li Han-hang and Shih ran back into 47 the hills where they were captured by the Kakhyens and handed over to the authorities at Manwyne. Neither the Commandant Tsiang nor the Magistrate Wu left Momein. The Kakhyens who were brought before the court at Yunnan- foo were inhabitants of hills somewhat to the northward. They were captured in the street of Santa, whither they had gone to sell amber. They were in no wise implicated in the attack on Colonel Browne or murder of Mr. Margary. Inclosure 9 in No. 5. Mr. Grosvenor to Sir T. Wade. (Extract.) On the Irrawaddy, May 26, 1876. IN continuation of my despatch of yesterday's date, I have now the honour to report the substance of the information that has reached me, concerning the authors and instigators of the Yiinnan outrage. *■ At Hankow, just before starting on my journey, I met * * * * , who had just reached Hankow coming direct from Yiinnan-fu. He told me he had fallen in with Mr. Margary five days' journey eastward of Yiinnan-fu, and had travelled with him as far as that city. Also that every one in Yiinnan-fu beheved the murder of Mr. Margary and the attack on Colonel Browne to have been due to instructions issued by the Acting Governor-General of Yiinnan. ***** had heard from a small official in the Acting Governor-General's Yam^n that the Acting Governor-General wished to murder Mr. Margary on his arrival at Yiinnan-fu, but did not then dare disobey the orders he had received from Peking. * * * « also stated that the general opinion in Yiinnan-fu was that the Li Ch6n-kuo had been captured to be oflFered up as a scape-goat for the purpose of exculpating higher officials. * * * * , at K'wei-chou-fu, told me that there was a rumour amongst the Chinese that the Acting Governor-General had been summoned to Peking on account of the Yiinnan outrage. He added that he, and those with whom he was in relations, thought that there could be no doubt as to the guilt of the Acting Governor-General. On reaching Chung-ching-fu I met * * * * He showed me a copy of a letter he had just received from a resident at Yiinnan-fu, dated the 29th of November, 1875, in which his correspondent stated that he had heard that morning that the Acting Governor- General of Yiinnan had to pay a sum of 30,600 taels to Commissioner Li Han- chang in order to obtain the favour of an interview. He also showed me a letter, dated Tali-fu, November 16, 1875, stating that sixteen savages had been captui'ed, and were being taken to the Provincial Capital. That these men could not speak or understand Chinese ; and were consequently ignorant of what was awaiting them. That the intention of the Provincial authorities was to pass them off as the perpetrators of the outrage. That the real culprits were well-known, namely, Chiang t'i t'ai and Wu Chi-liang, the former in military command at T6ng-yiieh (Momein), and the latter Sub-prefect of the of the same district. My informant, moreover, related a story, told him by a friend lately arrived from the province of Kwei-Chou, to the effect that the Acting Governor-General of Yiinnan had declared that he would not listen to orders from Peking ; that he would rather lose his life than offer any reparation for the murder of Mr. Margary ; that he would cause the members of the English Commission of Inquiry to be put to death, and then fight the English army, if any came. Whilst I was still at Hankow, I desired persons on whom I could rely to make inquiries. The result showed that the Chinese, at Hankow at all events, believed the Acting Governor- General of Yunnan to be responsible for the murder of Mr. Margary and the attack on Colonel Browne. At a village called Fu-hsing-chang, distant about six days' journey above Chung-ching, I got into communication with a Chinese, who had lately come back from Yiinnan-fu, and he corroborated the story tpld by the person, whom * * * »> had seen and spoken to. This man also" said that the mission was to be met on the borders of Yiinnan by an armed escort, which would probably have hostile intentions, and that it behoved the members of the mission to be on their guard. At Yiinnan-fu I saw * * * « ^ but he was too much afraid of the fact that any information he might give would possibly be made pubhc, to talk openly on the subject of the Yiinnan outrage. « * * *'g representation, inclosed in my despatch of yesterday's date, was forwarded to me through friends. Through them I returned him a message to the [678] H 48 effiect that I could do nothdng, unless he told me who the real culprits were. This message produced, as a result, a small piece of paper purporting to come from * * * * , at Yiinnan-fu. This paper, hurriedly and badly written, contains the names of those who are in the writer's estimation responsible _ for the murder of Mk Margary. I beg to inclose the pajper in original with translation. It contains the same surnames with, in two cases, different given names from those put? dovvn in the representation of * * *, , inclosed in my previous despatch. At T'^ng-yiieh-chou, the only information obtainable was that Mr. Margary's head had not been exposed there. The p.eopJe who were questioned knew nothing whatever about the outrage, except that Mr. Margary had been murdered somewhere in the Shan States. I have" no proof of the fact, but I have very little doubt that the officials of T^ng-yiieli had warned the people not to afford any information on the subject. Inclosure 10 in No. 5. Paper received at Yiinnan Fu. (Translation.) LI-HAN-HSING, otlierwise Mao-yn, at present under custody in the Kun-ming Magistracy, knows the whole affair : Yang-kuan-chin and Hu-hsing, notables of T^ng'-yiieh, incited Hwang-p'in-chung, and Hsiung-yu-kuan to go and commit the murders. Li-chte-kuo was in charge of the border at a pfeee where Eiias and Cooke met him : when they stated that they were about to leave, Li' appointed a trustworthy Chief to esGort them back to Burma. He afterwards heard of Margary's murder. Inclosure 1 1 in No. 5. Mr. Grosvenor to 8'ir T, Wade. Sir, Rangoon, June 7, 1876. THE Government of China having given the strongest assurances that the investi- gation set on foot by them and the trial at Ytinnan-fu should be conducted with a view to the production of trustworthy witnesses, and the punishment of the real offenders, I have now the honour to submit the following consideration of the manner in which their formal and repeated promises have been fulfilled. In the first place, although tha party which attacked Colonel Browne is admitted by the Chinese to have been, " probably about two thousand," and to have included many Chinese outlaws and retainers of Li Ch'^n-kuo, yet out of this great number not a single individual has been produced. The savages who are put forward as having murdered Mr.. Mai'gaiy are represented as having subsequently joined the assailants of Colonel Browne ; but the Chinese statement of March 1 4th expressly points out " that they are not to be confounded with that body." As regards evidence it is sufficient to state that the Commissioners have not produced, nor even pretended to produce, a single witness, either of the murder or the subsequent attack. With reference to the savages who are represented as having confessed the murder of Mr. Margary, it became clear to Messrs. Davenport and Baber during the procesvs of the trial that the interpreter was undei"stood by them with, at the least, very great difficulty ; nor did they exhibit the demeanour of criminals who had confessed a capital offence. A. question which Messrs. Davenport and Baber put elicited a further contradiction of passages in their depositions which already conflicted. But all doubt as to the credibility of their confession is set at rest by their statement so often repealed, that Mr. Margary was murdered " below the banyans " by the Hu-sung river, and that they afterwards repaired to Mien-fo-ssu to plunder the baggage. It was discovered by the merest accident that " below the banyans " is a local term for a spot near the Hu-sung, a little more than a mile distant fram Manwyne. A well-marked path, the only apparent path in the neighbourhood, leads under three conspicuous banyans down to the fcrd, and there, right in the path-way, mid-way between the banyans and the river-side, we found the bubbling hot-spring mentioned in the earlier accounts of the murder. The scene of the murder is therefore put beyond doubt. It is not beyond the border but in undoubted Chinese territory ; not among hills, but in the midst of a long stretch of 49 rice-fields ; not five miles from Manwyne as deposed by Li Ch'^-kuo ; nor eight as s'talted on tlie Chinese plan, but a little more than a mile by the windings of the route. From this spot after the perpetration of the mmder the savages are represented as confessing that they repaired to Mien-fo-ssu to plunder the baggage. Where is Mien-fo-ssu ? Li Ch'^n-kuo, in his deposition, states that " Mien-fo-ssu " is something over 10 li from Manwyne and about the same distance from the Husung river. There are no temples, nor indeed buildings of any description whatever on the road from Manwyne to the Husung. It turns out that Mien-fo-ssu (temple of the Burmese Buddha) is a general name for the temples of the' Shan tribes. These Shans, or Tai, as they call themselves, must not be confounded with the savage hill-men, nor with the Chinese to whom they are subject. They are a civilized people of unknown antiquity, with peculiar customs, arts and language, and possessing an elegant alphabetic writing in which they record, on paper, the chronicles of their race. One of their characteristics is extreme devotion and veneration for their priests and temples. These latter at .once struck us as very different from the religious buildings of the Chinese, reminding us both in interior details and external appearance of Burmese Buddhism and Burmese architecture. The only temples in the neighbourhood of this name, Mien-fo-ssu, 01% indeed, of any description, are situated in Manwyne itself. It is ridiculous to suppose that a devout population, every man of which goes armed with a formidable cutlass, should, in broad midday, and within a walled place, allow their temple to be plundered, and the booty, comprising several heavy packages, securely carried away by a band of some dozen brigands. It is a weary task to indicate the numerous contradictions and impossibilities which comprise the Chinese official case. It would almost seem as if they have not even taken the trouble to make their story consistent. The requirements of time and place are alike outraged. If, according to their statement, Mr. Margary "pttssed by the party sent by Li Ch'^n- kuo to attack Colonel Browne, which party must have been considerable, even supposing it to have only formed a portion of the whole body of 2,000 assailants, he could only have passed them close to the banyan trees, as the way up to that point, about a mile di^ant, is by a path a foot wide, between flooded rice fields. That party must, therefore, have at least witnessed the murder a few hundred yards further on, and the murderers must have passed them on their way to plunder the temple. The Chinese statement, written blindly, witli the purpose of making it appear that the murder was committed by savages among the hills, completely ignores this difficulty. Pursuing the same object at all hazards, the Chinese, in the official plan, interpose a range of hills between Manwyne and the main river, which latter they make about seven miles distant from the village. The river, as a fact, runs close under the village, and the range in question is absolutely non-existent. These same non-existent hills, with the same evident purpose, are provided with a population of no less than three savage tribes, with their design;itions carefully appended, extending to the junction of the Husung with the main river. This tract con- sists, as a fact, of a few rice fields, bordered by the sandy river shore, and is uninhabited. It was our usual bathing place while at Manwyre. In the written depositions Erh-kon is made to assert that he "could not join in" the murder or robbery because he was " shot by the f ;,reigner." In his re-exaniination he is represented as having received a sword wound from the foreigner. When at the trial it was asked which man was wounded, Chiang Taotai at once replies, " Erh-k5n." The interpreter interposes, " The wounded man is not here," thus taking upon himself to contradict the depositions and the official list of culprits. Upon the question being put to Erh-kon, the savage denies, with an air of exceeding contenipt, that he was ever wounded at all. It would seem scarcely possible to crowd so many contradictions into so few words. The written opinion of Wu Ch'i-liang, that " when ten of more foreigners secretly enter the passes without previously informing our officials, there is a clear precedent for •what should be done," borders with suspicious clearness on a justification of his action, as having had clear precedent for what he did. In any case, this impudent declaration is in full and flat contradiction of the Commissioners' statement, that " the officials, seeing their passports, knew very well that they should be allowed, to proceed." The mention of the man Liu Hsiao-hung as present at the murder is another indiscreet inpsus on the part of the Chinese. [678] H 2 50 This individual, whose person and history have long been well known on both sides of the border, is neither a "robber by profession," nor a "wild man." nor a "Chinese renegade," nor a " Chinese kidnapped when young." By the Burmese he appears to have been looked upon as a minor Chinese official, but he is, in all probability, nothing more than a protege of Li Ch'en-kuo. His presence at the murder, and implication in the act, as asserted in the depositions, summarily disposes of the statement that the affair was a mere fracas with savages arising out of a demand for black -mail. General Lei, the officer entrusted with our escort to Manwyne, asserts that this person planned the murder, having been sent from T'eng-yueh for the express purpose by the Commandant Chiang. Lei, moreover, had instructions for his apprehension, and circumstantially informed Mr. Baber of the fact, indicating the characters of the name on his hand in the usual Chinese manner. Whether Liu Hsiao-hung was present at the murder, or merely a witness of it with the band which Mr. Margary had just passed, or whether he returned to the attack on Colonel Browne from another direction, there seems little doubt that he is the " shouk- goon " mentioned in the Burmese letter as having been met returning; from the fight ; " shouk-goon " or "shoung-goon " being the Burmese form of his name (Hsiao-hung), by which he has long been known in Bhamo and the neighbourhood. It is difficult to beheve that the band admitted by the Chinese to have been passed by Mr. Margary, and which could only have been passed just before he reached the scene of his death, held aloof from the murder ; or even that the murderers and this band were separate parties ; but assumptions of this kind are foreign from my present purpose. I merely take the Chinese case and indicate the inconsistencies and contradictions which it involves. The fears of the T'eng-yiieh people are represented as having been greatly excited by the approach of twenty foreigners, and the probable consequences to the peace and prosperity of the country. The number of Colonel Browne's party is shown by the depositions to have been well known. If their visit created a panic sufficient to have caused the enrolment of the eighteen train-bands, how comes it that the incursion of three hundred British troops produced so little excitement that the civil and military officials of T'lng-ylieh professed entire ignorance of their approach ? It is remarkable that no mention is made in the statement or depositions of the dissolution of the train-bands, or of any official effort to calm their excitement. The officials contradict one another regarding the purpose for which the bands were called out. Li Ch'en-kuo " received letters from the train-b;and committee at T'Ing-yiieh to the effect that foreigners were bringing a force to occupy T'teg-yiieh," (contradicting the official statement that the enrolment of the train-bands was occasioned by the fear^of a subsequent Mahommedan irruption,) and asking him to return to that place and call out the train- bands — which letters of course were not produced at the trial. The plausible Commandant on the contrary remarks, " the assembling of the train-bands is a common occurrence, and I never heard that it was with the object of stopping foreigners." The careless disregard of fact and truth evinced by the Chinese Commission is very striking. On the occasion of their verbal statement they affirmed, and repeated, that Colonel Browne's assailants did not fire a single shot, and that the savages lived in caves, and were captured in a cave. In the written statement the former assertion was con- tradicted without remark, and the latter, to which their attention had been drawn by a question, was stated to be a mistake — by " cave " valley should have been understood. In view of the fact that a thousand or fifteen hundred men are represented as having been sent to invest the cave, or valley, in question, and that they suffered a loss of fifty men and three officers — a preposterous story — it is surprising that none of the survivors furnished more decisive information regarding the scene of action. To this long list of falsehoods and inconsistencies I must yet add one more instance. At a village on my road to Tali-fu I met Yang-Yii-k'^, the Commander-in-chief of Western Yiinnan. As you are aware, Sir, this official was deputed in May, 1875, by the Acting Governor-General of Yiinnan, Ts'fin Yii-ying, to make a report on the circum- stances of the outrage, which report was embodied in a memorial to the Throne. In the report it is stated that Yang Yii-k'e and Ch'^n Taotai had both of them been to Manwyne and made investigations on the spot. Yang Yii-k'e assured me in conversation that he had never been beyond T'^ng-yiieh (Momein) in his hfe. At Tali-fu I saw Ch'^n Taotai ; and he, in reply to a remark of mine as to his knowledge of the road between Tali-fu and Manwyne, distinctly stated that he had never been beyond Yuug-Ch'ang-fu in his life, and knew nothing of the road further on. The Chinese statement of the case makes out that the officials of Yiinnan having 51 after serious investigation found out the real criminals, &c., attacked them in their caves or valleys in the hills, killed some, and brought the rest as prisoners to await their trial. Mr. Davenport during his journey across the Kakhyen hills saw and conversed in Chinese with the son of the Tsaubwa, or head-man of Ponlyne, and this individual stoutly denied that any Kakhyens had been taken from that neighbourhood. Captain Cooke's Chinese interpreter states that the hill-men produced in Court at Yiinnan-fu had been captured at Chanta-fu, and were men from the north, not Kakhyens on the line from Bamo to Manwyne. That these men had come down from their hills to sell amber, and were treacherously taken prisoners. The total absence of anything like truth or even plausibility in the Chinese statement of the circumstances connected with the Yiinnan outrage is really remarkable. I have, &c. (Signed) T. G. GROSVENOR. No. 6. Sir T. Wade to the Earl of Derby. — (Received September 30.) (Extract.) Shanghae, August 5, 1876. IN the foregoing despatch of this date I have forwarded the last of the informa- tion I shall probably receive as bearing directly on the Yiinnan outrage. It is important more particularly as confirming the earlier accounts received of the whereabouts and circumstances of Mr. Margary's murder, and the connection of the authorities with the movement, of which the murder itself was but a detail. Of positive evidence, such as in a case of murder an English jury would demand, we have very little. We have not the evidence of a trustworthy eyewitness that Mr. Margary was murdered at all. Nor is it the fault of anyone that we have been unable to obtain evidence more conclusive. I was fully aware, when I insisted on the right of British officers to take part in the investiga- tion, how distant was the chance of a solution which, with our appreciation of what is judicially sufficient, would be esteemed satisfactory. The antecedent history of foreign intercourse with China prepared me for a ready acceptance of the report first telegraphed from India that the attack on Colonel Browne had been directed by official authority. The attitude of the Central Government from the moment I communicated the intelli- gence to it, assured me of its complicity, as an accessory after the fact at least, if nothing more. Still it was impossible to claim either this or that measure of satisfaction without inquiry of some sort ; and with the proceedings of 1870-71, in the case of the Tien-tsin massacre, to speak of no other, in my recollection, I resolved to insist upon the presence of British officers at the investigation. If it were conducted with some show of justice we should have no right to complain any more than in our own courts should no one accused be found guilty. On the other hand, if an attempt were made to baffle inquiry or to dupe us, detection of such an attempt would thrice arm us when we demanded reparation in a form that might secure us against recurrence of these atrocities. Our efforts, I admit, have not secured to us the legal conviction of any person or persons that we can believe to be really responsible either for the attack on Colonel Browne or for the murder of Mr. Margary. As I have implied above, I hardly expected that they would. Dn the other hand, of negative evidence we have, in ray judgment, sufficient to sanction the very unfavourable opinion I h^d formed in the first instance of the responsi- bility of the Chinese Government, Provincial if not Central, in connection with this case. I can hardly escape one more review of it, but I will endeavour to make this brief as possible. The Chinese Government, Central and Provincial, was fully aware that Mr. Margary was sent to Burmah to return with a mission appointed by the Government of India to travel through Yiinnan. The correspondence of the India Office laid before Parliament last year, pp. 36-38, contains translations of the passports issued by me for the use of Mr, Margary and the officers of the Indian Mission, and sealed by the Tsung-li Yam^n ; also of the official despatch from the Yamen addressed on the subject of the mission to the Governments of Btu Peh, Ssu Cbuen, Yiin Nan, and Kuei Chou. The known objection of the Chinese Government to any proposition that is new, and especially to propositions calculated to further or encourage the appearance of foreigners in regions not frequented by them, led me to expect, if not remonstrance against the incoming expedition, at least a demand for explanation. The papers I required were granted with hardly a remark. The Assistant Grand Secretary Shin jocularly S2 observed that it would be much shorter for the mission to come here by ^vay of Shanghae, and some observations were made about the disturbed state of the Yiinnan frontier. I noticed with surprise the apparent indifference of the Yam^n to a request 'that I kmw must have excited some suspicion at Court, but I explained it_ to myself by the fact that its attention was seriously preoccupied by the misunderstanding with Japa^n. That the frontier country was not eminently insecure was proved by the fact tMt Mr. Margary, accompanied by two small Mandarins, traversed it unmolested. The Mandarins with him had been given him as an escort by Ts'to Yii-ying, Governor of Yiin Nan, and, during the absence of his superior, the Governor-General of Yiin Nan and Kuei-chow, in acting charge of that high post. They seem to have gone with him as far as the chief city of T'eng-yiich-chow, or Momein, a frontier district 'of which the chief civil mi thority is a Sub-Prefect, the military chief being a brigadier. The.pfflpxalation -of this Sub-Prefecture is no doubt largely made up, to the west- ward, of tribes not recognized as Chinese, but there is a considerable Chinese populatioL which, during tlie Mahometan insurrection, stood manfully by the reigning dynasty of China. As is usual under such circumstances, the work of defence devolves in chief upon volunteer bands raised, paid, and sometimes led, by the notables of the locality. One of the most active partisans of the notables of Momein liad been Li Chen-kuo, a man half-Chinese half-Burmese by race. He had earned a certain rank, a sort of local majority, by bis services, and his duty seems to have been to watch the fnontier smd more or less to control the savage tribes a-nd mixed races along it. It is this man, known otherwise'as Li Hsietaii, whom the High Commission sent to Yun Nan now seeks to prove responsible for exciting the population to a volunteer !< w,is ma(ie ; that on the 22nd, having observed Chinese reconnoitering his position tlid evening before, Colonel Browne was attacked; that immediately after the attack Burmese with him received, in his presence, letters from Burmese in some sort of official status, that is, acting as the King of Burma's cotton agents in Manwyne, to the effect that Mr. Margary and his servants, all Chinese, had been killed by Chinese on the 21st; that subordinates of the Momein Authorities had arrived from Momein ; that a large body of troops was surrounding Colonel Browne, and would immediately attack him ; that the information contained in these letters was confirmed and amplified, a few days later by a Burmese scout who had accompanied Mr. Margery into Manwyne, and by another Burmese, in the King of Burma's employ, who was at Manwyne when Mr. Margary was murdered, and when the force destined to surprise Colonel Browne came down, as the Burmese in question deposed, from Momein. These letters and depositions are published in the Correspondence of the India Office, pages 70 and 71. I had also before me the testimony of Wang Hsii-shuang, originally a servant of Mr. Margary, but who had joined Mr. Ney Elias. (See the Foreign Office Correspondence laid before Parhament : " China, No. 1 (1876)," pages 36 and 37.) This man, who by my desire was repeatedly cross-examined at Shanghae last summer was a most unwilling witness on any point having apparent reference to official action! 57 I should trust little or anything that fell from him, unless it were supported by the evidence of others. He was not, as we know, with Colonel Browne on the 22nd February, but with Mr, Elias, and he tells the story of Mr, Margary's death only second- hand. But it is noteworthy that his informant corroborated in an important particular the story of Mr. Margary's murder told by the Burmese above cited, that he was killed when going to bathe, killed near some Ijanyan trees ; and it may now be as well observed that the story told by the priest in whose temple Mr, Grosvenor was lodged a year later, gave an account more or less in harmony with the same accounts as to the place and manner of his death. It is also specially noteworthy that this same Wang Hsil^shuang, who was unques- tionably under some sort of passport or safe-conduct, he says a visiting-card, given him by Li Chen-kuo, whom he had seen when Mr. EUas was turned back, represents that in Momein, or along the road leading to it, inquiries were being made for Mr. Margary's servants, who it was thought, might have escaped : " When caught they were to be put to death." My own conviction, more especially since I have read the letters of the notables of Momein inviting Li Ch§n-kuo to put himself af the head of their train-bands, is simply that the said notables, as indeed they inform Li, had been led by what they had heard from their authorities to fear that Colonel Browne's Mission was an invasion that it behoved them to resist. Li Ch^n-kuo, be it observed, so far from encouraging them in their design, rejoins that what they propose is no light matter. I repeat that, considering the outward respect shown by the Governor T's^n him- self fdr the recommendations of the Tsung-li Yamen, of which Mr. Margary was thp bearer, no subordinate of the degree of the Momein Authorities would have taken on him so to mislead the people had he not received a hint from the Chief of his Province that they were to be so misled. Lastly, I doubt extremely that, truculent and ferocious as the Governor Ts'en is represented to be, he would himself have dared, after receiving the Yamto's letter, to allow the safety of the Mission to be compromised had he not either received an order from the Central Government that it was to be withstood or destroyed, or been assured that its destruction, on which, after preparations of such magnitude, he was well entitled to reckon, would not be viewed with disfavour at head-quarters. If my estimate of the Chinese Government's friendliness or good faith appears prejudiced I must beg to refer your Lordship to my earlier correspondence. I am of course not unaware of the extreme difficulty of making it clear that an impression, in support of which I am so ill found in direct evidence, is justifiable. I am conscientiously persuaded that I do the Chinese Government no wrong when I assert it. And holding this impression, with the certainty that however steadily I might protest against the sufficiency of the reparation offered me, no effort I could make would bring me nearer an explanation of the outrage that I could report to Her Majesty's Govern- ment my belief in, I cast about for some measure of satisfaction that, while it better assured the future of our relations, it might not be unbecoming the dignity of my Government to accept as an atonement for the past. I h^d asked myself, I had asked every one whose opinion on such a point I thought it worth obtaining, and that for months before the inquiry closed as unsatisfactorily as I had all along predicted to myself that it would, what, with the all but certainty that conviction of the really guilty is beyond our reach, with the fullest certainty that these atrocities are due to the anti-foreign feeling, the exclusivist policy of the Chinese Government, what could be exacted from it that a Minister might really pohit to as a proof that that exclusivist policy is being put away ? I had rarely received an answer, even in the most general terms, that in any way aided the solution of my difficulty, the seriousness of which, at the same time, every friend I consulted admitted, ,It was entirely of my own motion, therefore, that 1 eventually adopted the course I pursued. Declining most positively to allow the punishment of the persons sentenced, threatening, indeed, that if they were punished, or the mendacious memorials reporting their condemnation were published, I would withdraw the Legation, I demanded what report I was to make to Her Majesty's Government of the Yunnan affair ? what of the redepiption of the pledges given regarding diplomatic and commercial intercourse ? The answers to all these questions being unsatisfactory, I signified my intention of proceeding to Shanghae, to hear Mr. Grosvenor's last word, and to telegraph to my Goyernment. This had alarmed the Yamin, and the Prince of Kung had shown a desire for farther Conference, when I received letters which explicitly declared that the Sub- [678] I 2 58 Prefect and certain notables of Momein had organized the attack on Colonel Browne's Mission. I had considered this established by the letters of the gentry handed me as vincrirainating Li Ch6n-kuo. and on receipt of this intelhgence, the authority for which I was not free to disclose, I demanded the production of all the persons, official or non-official, whose evidence would be necessary to the establishment of the truth. The chief of these, of course, was the Governor Ts'^n Yii-ying, and the mention of his name on the 31st of May last at once inclined the Yamgn to fresh pourparlers. The discussion lasted from the above date until the 14th of June, when, for the third time, I withdrew from it. I do not here review the matter of it. It underwent, especially in the chapter of trade, some modifications of more or less importance, the whole eventually being laid before the Yamgn in the Memorandum containing eight propositions, to which, as I believed, the Yam§n was about to accede on the 13th of June. As I read their action, whether from pride, ill-will, duphcity, or, as is probable, from all three, on the 14th the Ministers of the Yam^n attempted once more to recede from their engagements, and I thereupon informed them that my propositions were non avenu, and that the whole case would now be referred to Her Majesty's Government. This, I must beg your Lordship to observe, was before I received your telegram of the 7th June, instructing me to be careful not to commit Her Majesty's Government to a decision iintil my despatches and the report of the Yiin Nan Mission should be before it' The telegram only reached me at Shanghae some twenty days after it had been posted. The great confidence with which I have been honoured as Her Majesty's Repre- sentative in this country has, I hope, not misled me, I confess to haiving imagined that whenever the hour of settlement might approach, my opinion of what was expedient would weigh for something with the Government. China is, at the same time, the last country in which it is safe to postpone the solution of a difficulty, if a solution at once honourable and profitable can be found. I flattered myself that my eight propositions went a fair length towards covering this ground. Should they seem otherwise to your Lordship, I can but regret my error of judgment. If, as there is reason to fear, in undertaking to pronounce the case closed without reference home I exceeded my powers, I can only hope for an indulgent con- sideration of my misconception of their limits. I have, &e. (Signed) THOMAS FRANCIS WADE. No. 7. Sir T. Wade to the Earl of Derby. — {Received September 20.) (Extract.) Shanghae, August 7, 1876. IT is currently reported, and generally believed, that the Grand Secretary Li Hung- chang has received an Imperial Decree directing him to proceed to Chefoo to confer with me ; further, that the same Decree invests him with more than ordinary powers. If this be true, it may be in my power before many days to inform your Lordship that the Chinese Government is prepared to offer terms that, in my opinion, it would not be inexpedient for the Government of Her Majesty to accept. On the other hand his Excellency Li may not come to Chefoo, or, if he does come, negotiations may fail again, in which case it will be for Her Majesty's Government to dictate its demands. No. 8. Lord Tenterden to Mr. Grosvenor. Sir, Foreign Office, October 6, 1876. LORD DERBY has read with much interest your reports of the mission sent under your charge to Yiinnan to watch over the inquiry held by the Chinese High Commissioners into the attack on Colonel Browne's mission and the murder of Mr. Margary, and I am directed by his Lordship to state to you that he has great pleasure in conveying to you 59 the high approval of Her Majesty's Government for the successful manner in which you carried out this important and difficult service. I am, &c. (Signed) TENTERDEN. , No. 9. The Earl of Derby to Sir T. Wade. Sir, ' Foreign Office, October 6, 1876. I HAVE received your despatch of the 22nd of July, forwarding a letter from Mr. Grosvenor, in which he acknowledges the cordial and valuable support received by him from Mr. Davenport and Mr. Baber, in the mission sent under his charge to Yunnan, and I have to instruct you to convey to those gentlemen my high approval of their conduct. I am, &c. (Signed) DERBY. No. 10. The Earl of Derby to Sir T Wade. Foreign Office, October 19, 1876. I HAVE to state to you that the arrangement at Chefoo, concluded by yoil with the Chinese Government, appears from an Imperial point of view highly satisfactory, but tiie Government of India will have to be consulted before a decision can be arrived at respecting it, and I am informed that the Viceroy of India is in communication with you upon the subject. You are hereby authorized to return to England immediately to give any explanations as to the details of the Agreement which may be required. 1 am, &c. (Signed) DERBY. No. 11. Sir T. Wade to the Earl of Derby. — {Received November 6.) My Lord, Chefoo, September 13, 1876. AS reported by telegraph, a deputation of notables had, before my arrival here on the 10th August, come over from Tien-tsin to induce me to confer with the Grand Secretary at that port. I have the honour to inclose an account of their visit, prepared by Mr. Mayers, who had arrived here on the 9th August ; also translation of the Petition the notables had intended to present. They did not leave the original, and I accordingly took no notice of the paper. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 11. Memorandum of Visit of his Excellency Hsu and the Prefect of Tien-tsin, Ma, to Chefoo, August 9, 1876. HAVING arrived here at 4 a.m. this day, I was visited at about 8 o'clock by Hsii, second Envoy-designate to Great Britain, and Ma Sh^ng-wu, the Prefect of Tien-tsin, who had been waiting at this place on board the Chinese steamer " Fung-shun " since the 6th instant, as I learned, in expectation of the arrival of Her Majesty's Minister. They informed me that they had been on the point of returning to Tien-tsin early this morning, when, on the arrival of the steamer I had come by, they had learnt that I was on board, and they accordingly came to place in my hands a Petition addressed to Sir Thomas Wade by the notables of Tien-tsin, entreating him to dispense, in the interest of public security, with the visit which they understood was to be paid to Chefoo by the Governor-General, Li Hung-chang, for the purpose of negotiating with him upon pending questions. Some forty of the notables, including many of the principal residents of Tien-tsin, ex- officials of high rank, and wealthy merchants, had come down in the 60 "Fung-BhxLQ" with the intention of interceding in person with Her Majesty's Minister to this effect, believing him to be already at Chefoo. I gathered from my visitors that the Governor-General had been invested by Imperial Decree with full pdwers, and had been commanded lo proceed to Chefoo to meet Sir T. Wade, but that a popular agitation had arisen on the news becoming public, the turbulent classes and the sufferers by the recent dearth showing symptoms of an insurrectionary kind, and the notables entreating the Governor-General, as their natural protector, not to leave his seat of government. His Excellency Hsii endeavoured to convey the impression that it was as a diversion to the popular commotion that he and the Prefect had arranged this deprecatory mission to Chefoo, intimating that, " as flies are got rid of by spreading out the sugar," agitation would be diminished by carrying off the leaders from the public opinion they influence, and thus giving it time to calm itself. Had the Governor-General actually embarked, he stated, as he had contemplated doing, on or about the 4th instant, there would certainly have been a rising in which Europeans would have lost their lives. The voyage of the notables to Chefoo would, he believed, reassure them as to the hurtfulness of the Governor-General's visit^ which he (the Envoy) knew to be unavoidable ; and what he wanted of me was to see the notables and let them know both that the Governor-General cannot refuse to come, and that his coming would be conducive to a speedy arrangement of affairs on an amicable basis. The Prefect Ma followed suit to the same effect. Both declared that the Governor-General would leave Tien-tsin for Chefoo so soon as he should hear of Sir T. Wade's arrival. They informed me, at the same time, that two of the leading notables had proceeded to Peking to entreat that another high official might be commissioned as Plenipotentiary in his Excellency's stead. After some consideration, I agreed with my visitors, who were anxious to go back without delay to Tien-tsin, that I should return their call at once on bo^rd the " Fung- shun," where I would see the notables in their presence, and take an opportunity, to be afforded by his Excellency Hsil, of impressing upon them the certainty that the Governor- General must fulfil his mission, enjoined upon him by Imperial Decree, and at the same time reassure them by a few words as to the pacific tendency of such a mission. On proceeding on board, I was received by his Excellency Hsii and the Prefect Ma, with a considerable number of the notables ; and, handing to his Excellency Hsii a note addressed to Mr. Mongan, Her Majesty's Consul at Tien-tsin, I stated that in this letter I had requested Mr. Mongan to advise his Excellency Li of the arrival here, within the next day or two, of Sir T. Wade, and also to state that the exact date should be made known to his Excellency without the slightest delay. I had some ceremonious conversation with the leading notables, interspersed with laudatory reniarks, on the part of Hsii and Ma, respecting Sir T. Wade's just views and upright conduct, and the assistance he had repeatedly rendered the Chinese Government, notably in the affair of the Japanese invasion of Formosa ; and only one of them brought forward thp ipatter referred to in the joint Petition, viz., the relief of the Governor- General from the necessity of visiting Chefoo. On this subject I referred to the authority of the Imperial Decree as bamng all discussion. My visit was a short one ; and as soon as the " Fung-shun " was under steam, she left port for Tien-tsin. ^Signed) W. F. MAYERS, Chinese Secretary. Inclosure 2 in No. 1 1 . Petition addressed by the Notables of Tien-tsin to Sir T. Wade. — -{Received at Chefoo, August 10, 1876.) (Translation.) WE, the notables and people of the entire Prefecture of Tien-tsin, in the Empire pf China, respectfully present the following petition to your Excellency, We humbly submit that we have learnt that his Excellency the Grand Secretary Li has received Imperial commands to proceed to Chefoo for the purpose of negotiating with your Excellency on certain matters. It is publicly bruited abroad that he is to set out on this journey forthwith. Whilst, however, we had been informed in the first instance that your Excellency was to^arrive at Chefoo immediately, we subsequently heard a report that there had been post- ponement in this respect, which statement was followed by another to the effect that your Excellency was likely, after all, to be at Chefoo. The public mind was at a loss for an explq,ufi,tioi| ; whilst a^ded to this was the fact that the Prefepture of Tien-tsin had been afflicted throughout the spring and summer by a 61 severe drought, entailing deficiency in thie crops, and reducing multitudes of the population to want. The state of affairs is altogether similar to that which p^evailed in consequence of the floods in 1871, and in that year the population of the entire prefecture owed its salvation to the measures taken by his Excellency Li, in applying to the Throne for sanction to remissions of taxation, and the distribution of relief, by which means scores of thousands were preserved from death. At the present moment, the people are famishing in consequence of drought, and there is serious reason to apprehend that at Tien-tsin, a port at which foreigners reside for purposes of trade, the famine-stricken population may commit excesses in the way of plunder, thus entailing injury upon both the Chinese and the foreign mercantile com- munity. His Excellency Li being at present engaged in the direction of measures for the repression of disorder and for diffusing tranquility, both foreign and Chinese residents owe their immunity from disturbance to his action. Tien-tsin, moreover, is the gateway of access to the capital, and his Excellency Li is one of the pillars of the State, looked up to with veneration by the notables and people of the entire Empire. Remembering, as we do in all humility, that relations of friendship have long subsisted between your Excellency's country and the Government of China, and that whenever earnest representations have been made, your Excellency has always deigned to give consent to what has been entreated, for which we, the notables and people of Tien-tsin, have long cherished feelings of respectful gratitude, we have accordingly determined^ after repeated deliberation, to request his Excellency the Envoy-designate Hsii, and the Prefect Ma, to take us with them on the journey we have now undertaken, for the purpose of going with all respect to meet your Excellency, and to invite your Excellency to honour Tien-tsin with a visit. If our request be allowed to prevail, his Excellency Li will be enabled to attend at once to the repression of disorder and the diffusion of tranquillity, and also to the questions connected with international relations. We, on our part, shall be filled with gratitude without bounds for the consideration shown us by your Excellency. It is, of course, our duty to abstain from all interference in the matters forming subject of discussioil between your Excellency's Government and our own. With reference to these, we humbly entreat that your Excellency will confer with his Excellency Li. N.B. — The foregoing paper was presented in the form of a copy of an oflicial document rather than in that of a petition or address. It was accompanied, when handed to the undersigned by the Envoy Hsii, by an envelope containing four slips of red paper, upoh which are set forth the names and titles of forty-five of the notables of Tien-tsiu. The leading names are as follows :— Hwang She-hi, an expectant Taotai, Wang WSri-yu, „ Sub-Prefect, Yen K'^h-k'wan, „ Captain, Wang Pei-keng, „ Assistant Magistrate, &c., &c., &c. (Signed) W. F. MAYERS, Chinese Secretary. No. 12. Sir T. Wade to the Earl of Derby. — (Received November 6.) My Lord, Chefpo, September 13, 1876. I HAVE the honour to inclose translation of the note in which the Prince of Knng communicated to me the Imperial Decree conferring on the Grand Secretary Li the special powers with whichj as my telegram will have informed your Lordship, that high oflScer had been invested. I merely acknowledged its receipt. I have, &c. (Signed) THOMAS FRANCIS WADE. 62 Inclosure 1 in No. 1 2. The Prince of Kung to Sir T. Wade. (Translation.) Peking, July 28, 1876. THE Prince has to state that on the 8th day of the 6th moon of the present year (July 28, 1876) the Grand Council delivered forth a copy of the following Imperial Decree received by it : — "Let the Grand Secretary Li Hung-chang, Governor-General of Chih-li, enter upon the position of High Minister Plenipotentiary, empowered to take such action as the circumstances may require,* and proceed forthwith to Yent'ai (Chefoo), for the purpose of conferring upon all matters whatsoever with the British Minister Wei T'o-ma (Sir T. Wade). The above, having been reverently received, is in due reverence- communicated for the information of the British Minister, Kuang Sii, 2nd year, 6th moon, 8th day. Inclosure 2 in No. 12. Sir T. Wade to the Prince of Kung. Sir, Chefoo, August 10, 1876. ON my arrival at Chefoo this afternoon I had the honour to receive your Imperial Highness's note of the 8th day of the 6th moon of the present year, informing me that, b an Imperial Decree of the same day, the Grand Secretary Li Hung-chang, Governor- General of Chih-li, had been invested with full powers and had been directed to proceed to Chefoo for the purpose of conferring with me upon all matters. 1 renew, &c. (Signed) THOMAS FRANCIS WADE. No. 13. Sir T. Wade to the Earl of D&rby. — (Received November 6.) My Lord, Chefoo, September 13, 1876. THE Grand Secretary li having arrived here on the 18th August, 1 had several conferences with him, either at his own residence or mine. His Excellency's desire was to treat on the base of the eight propositions which, in consequence of the line taken by the Tsung-li Yamen in June, I had declared nan avenu. On my part, I pressed for the production of the ex-Governor Ts'en and the other persons whose citation to Peking I had demanded on the 31st May ; or, failing this, sufficient reasons for the refusal to produce them. On the 31st August the Grand Secretary handed me a note from the Prince of Kung, without date, in which his Imperial Highness declined to move the summons of the ex-Governor without sufiBcient evidence. I inclose translation. The general grounds on which I based my demand had been laid before the Yamen when I was at Peking, and a fresh Memorandum, in which the facts were differently arrayed, was in process of preparation for submission to the Grand Secretary. The length of this paper, in fact, had been for much in the slowness of our negotiations. His Excellency, however, discovered great anxiety to hit upon some other mode of settling the difficulty ; and after a long conference upon the 31st August 1 agreed to lay before him certain propositions, on his acceptance of which I was prepared to recommend Her Majesty's Government to consider the case closed. Before commencing negotiations I addressed the Grand Secretary the inclosed note. I have, &c. (Signed) THOMAS FRANCIS WADE. * The Decree employs both the expression "ts'iian k'iuan ta ch'en," which was originally devised by European interpreters to convey the sense of Minister Plenipotentiary, and also the native formula by which Plenipotentiary powers are indicated. 63 Inclosure in No. 13. 8ir T. Wade to the Grand Secretary Li Hung-chang. Chef 00, September 1, 1876. THE Undersigned presents his compliments to the Grand Secretary Li Hung-chang. That there may be no misapprehension on the part of the Grand Secretary regarding the conditions under which the Undersigned declared himself, at the Conference of yesterday, to be ready to treat with the Grand Secretary, the Undersigned begs to re-state those conditions for the information of his Excellency. The Undersigned had promised to lay before the Grand Secretary a statement of the case between England and China, after consideration of which the Grand Secretary was to decide whether it would be competent for him to present a Memorial to the Throne recommending that the demand of the Undersigned for the production of the ex-Governor Ts'^n and other officials, with certain notables of Momein, should be acceded to. This statement is in course of preparation, but the Grand Secretary having urged the Undersigned, in view of the difficulties surrounding accordance of what is required above, to consider the possibility of substituting for this demand some other proposition, the Undersigned has agreed to lay before his Excellency a paper of proposals. These will be immediately submitted to the Grand Secretary, and the Undersigned will be prepared, whenever it may suit the Grand Secretary, to discuss them as a whole with his Excellency. If, after discussion of the propositions of the Undersigned, the Grand Secretary declare himself unable to agree to them, the Undersigned will withdraw definitively from the negotiations, and will report his withdrawal by telegraph to the Earl of Derby. All papers connected with the case will be in his Lordship's hands by the 2oth instant, and should no agreement between the Governor-General and the Undersigned have been arrived at before that date, it will rest with Her Majesty's Government to decide what course it will instruct the Undersigned to pursue. If the Grand Secretary should happily be able to agree to the propositions of the Undersigned, the Undersigned will report this to Her Majesty's Government, with a request that the agreement may be regarded as closing the case. But he will still require that the Prince of Kung, as soon as the papers signed by the Grand Secretary and the Undersigned have been laid before His Imperial Highness, shall obtain an Imperial Decree declaring that what was done by the Grand Secretary was entirely approved. The Prince of Kung will be farther expected to forward copy of this Decree to the Under- signed in an official note, in which His Imperial Highness will assure the Undersigned that to such of the propositions of the Undersigned as demand immediate action, immediate effect shall be given. If the Prince of Kung decline to obtain a Decree, or if, such a Decree having been issued, his Imperial Highness decline to cause immediate effect to be given to such propositions as require to be immediately acted upon, the negotiations between the Grand Secretary and the Undersigned will be regarded as non avenu, and the Undersigned reserves to himself the right of taking such steps as the occasion may seem to him to render necessarv. (Signed) THOMAS FRANCIS WADE. No. 14. Sir T. Wade to the Earl of Derby. — {Received November 6.) My Lord, Chefoo, September 14, 1876. AS my telegram of this date will have informed your Lordship, I signed yesterday an Agreement with the Grand Secretary Li Hung-chang. I have the honour to inclose one of the four copies of that instrument. I inclose also translation of the Memorial which, as stipulated in the first Article of the first section of the Agreement, was to be presented to the Throne, in explanation of my reasons for declining the punishment of the persons sentenced by the High Com- missioners sent to Yiin Nan, and for desiring the substitution of a strong declaration on the part of the Chinese Governrnent of its wish and intention to remain on friendly terms with foreign Powers. The terms of this paper have been debated between myself and the Grand Secretary; Li ; and although I have left it an open question whether the Tsung-li Tamen or the [678] K ' 64 Grand Secretary shall present the Memorial, I believe that it will be presented by his Excellency. He has, at any rate, appended his signature to the draft. Finding that, as is usual, the protraction of negotiations was disquieting the public mind, native and foreign ; also that for this, if for no other cause, some of my colleagues were most anxious to see the discussion definitively terminated, I resolved, after much deliberation, to take on myself the responsibihty of closing it without waiting for farther instructions, provided that I could obtain certain conditions. Those that suggested themselves to me were of two kinds. I had made the commer- cial advantages now to be conceded us, dependent, by implication, on the acceptance of arrangements by Her Majesty's and other Governments. This, of course, indefinitely postponed the enjoyment of the privileges newly acquired. It is now conceded by the Grand Secretary, Section III, Article vi, that the new ports of trade and ports of call shall be opened within six months after receipt of the Imperial Decree approving the Memorial of the Grand Secretary. The counter concession on our side is to await the decision of Her Majesty's Government, acting in concert with the Governments of other Treaty Powers. I promised, if the Grand Secretary would yield some such concession, to undertake to report the case closed, provided always that the Prince of Kung should do such further acts as I was entitled to expect at the hands of his Imperial Highness on my return to Peking. I inclose copy of the note which I addressed to the Grand Secretary upon this latter point the day before I signed the Agreement, with translation of his Excellency's reply, forwarded a few hours after the signature. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 14. Agreement between the Ministers Plenipotentiary of the Governments of Great Britain and China, signed at Chefoo, on the I3th September, 1876. Agreement negotiated between Sir Thomas Wade, K.O.B., Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of China, and Li, Minister Plenipotentiary of His Majesty the Emperor of China, Senior Grand Secretary, Governor-General of the Province of Chih-li, of the First Class of the Third Order of Nobility. THE rfegotiation between the Ministers above-named has its origin in a despatch received by Sir Thomas Wade, in the spring of the present year, from the Earl of Derby, Principal Secretary of State for Foreign Affairs, dated 1st January, 1876. This contained instructions regarding the disposal of three questions : first, a satisfactory settlement of the Yiin Nan affair ; secondly, a faithful fulfilment of engagements of last year respecting intercourse between the high officers of the two Governments ; thirdly, the adoption of a uniform system in satisfaction of the understanding arrived at in the month of September, 1875 (8th moon of the 1st year of the reign Kwang Sii), on the subject of rectification of conditions of trade. It is to this despatch that. Sir Thomas Wade has referred himself in discussions on these questions with the Tsung-li Yamen, further reference to which is here omitted as superfluous. The conditions now agreed to between Sir Thomas Wade and the Grand Secretary, are as follows : — Section I. — Settlement of the Yiinnan Case. 1. A Memorial is to be presented to the Throne, whether by the Tsung-li Yamen or by the Grand Secretary Li, is immaterial, in the sense of the Memorandum prepared by Sir Thomas Wade. Before presentation the Chinese text of the Memorial is to be shown to Sir Thomas Wade. 2. The Memorial having been presented to the Throne, and the Imperial Decree in reply received, the Tsung-li Yam^n will communicate copies of the Memorial and Imperial Decree to Sir Thomas Wade, together with a copy of a letter from the Tsung-li Yamen to the Provincial Governments, instructing them to issue a proclamation that shall embody at length the above Memorial and Decree. Sir Thomas Wade will thereupon reply to the effect that for two years to come officers will be sent, by the British Minister to different places in the provinces, to see that the proclamation is posted. On apphcation from the British Minister, or the Consul of any port instructed by him to make application 65 the high officers of the provinces will depute competent officers to accompanv those so sent to the places which they go to observe. 3. In order to the framing of such regulations as will be needed for the conduct of the frontier trade between Burma and Yiin Nan, the Memorial, submitting the proposed settlement of the Yiin Nan affair, will contain a request that an Imperial Decree be issued, directing the Governor- General and Governor, whenever the British Government shall send officers to Yun Nan, to select a competent officer of rank to confer with them and to conclude a satisfactory arrangement. 4. The British Government will be free for iive years, from the 1st January next, being the 17th day of the 1 1th moon of the 2nd year of the reign Kwang Sii, to station officers at Tali Fu, or at some other suitable place in Yiin Nan, to observe the conditions of trade ; to the end that they may have information upon which to base the regulations of trade when these have to be discussed. For the consideration and adjustment of any matter affecting British officers or subjects, these officers will be free to address themselves to the authorities of the province. The opening of the trade may be proposed by the • British Government, as it may find best, at any time within five years, or upon expiry (jf the term of five years. Passports having been obtained last year from a mission from India into Yiin Nan, it is open to the Viceroy of India to send such mission at any time he may see fit. 5. The amount of indemnity to be paid on account of the families of the officers and others killed in Yiin Nan ; on account of the expenses which the Ytin Nan case has occasioned ; and on account of claims of British merchants arising out of the action of officers of the Chinese Government up to the commencement of the present year, Sir Thomas "Wade takes upon himself to fix at 200,000 taels, payable on demand. 6. When the case is closed an Imperial letter will be written, expressing regret for what has occurred in Yiin Nan. The Mission bearing the Imperial letter will proceed to England immediately. Sir Thomas Wade is to be informed of the constitution of this Mission, for the information of his Government. The text of the Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li Yam^n. Section II. — Official Intercourse. Under this heading are included the conditions of intercourse between high officers in the capital and the provinces, and between Consular officers and Chinese officials at the ports ; also'the conduct of judicial proceedings in mixed cases. 1. In the Tsung-li Yam^n's Memorial of the 28th September, 1875, the Prince of Kung and the Ministers stated that their object in presenting it had not been simply the transaction of business in which Chinese and foreigners might be concerned ; missions abroad and the question of diplomatic intercourse lay equally within their prayer. To the prevention of further misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamdn shall address a circular to the Legations, inviting foreign representatives to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries, and as would be shown to Chinese agents so serving abroad. The fact that China is about to establish Missions and Consulates abroad renders an understanding on these points essential. 2. The British Treaty of 1 858, Article XVI, lays down that " Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China. " British subjects who may commit any crime in China shall be tried and punished by the Consul, or any other pubhc functionary authorized thereto, according the laws of Great Britain. "Justice shall be equitably and impartially administered on both sides." The words " functionary authorized thereto " are, translated in the Chinese text, " British Government." In order to the fulfilment of its Treaty obligations, the British Government has established a Supreme Court at Shanghae, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghae a Mixed Court, but the officer presiding over it, either from lack of power or dread of unpopularity, constantly fails to enforce his judgments. It is now understood that the Tsung-li Yamfin will write a circular to the Legations, [678] K 2 66 inviting foreign representatives at once to consider with the Tsung-li Yam&n the measures needed for the more effective administration of justice at the ports open to trade. 3. It is agreed that, whenever a crime is committed affecting the person or_ property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation. To the prevention of misunderstanding on this point, Sir Thomas Wade will write a note to the above effect, to which the Tsung-li Yam^n will reply, affirming that this is the course of proceeding to be adhered to for the time to come. It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judicial proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationahty, the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice. If the officer so attending be dissatisfied with the proceedings, it will be in his power to protest against them in detail. The law^ administered will be the law of the nationality of the officer trying the case. This is the meaning of the words '' hui t'ung," indicating combined action in judicial proceedings in Article XVI of the Treaty of Tientsin, and this is the course to be respectively followed by the officers of either nationality. Section III. — Trade. 1 . With reference to the area within which, according to the Treaties in force, li-kin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade agrees to move his Government to allow the ground rented by foreigners (the so-called Concessions) at the different ports, to be regarded as the area of exemption from li-kin; and the Government of China will thereupon allow I-ch'ang in the province of Hu-Pei, Wu-hu in An-Hui, Wen-Ch6w in Che-Kiahg, and Pei-hai (Pak-hoiJ in Kwang-Tung, to be added to the number of ports open to trade, and to become Consular stations. The British Government will farther be free to send officers to reside at Ch'ung-k'ing, to watch the conditions of British trade in Ssu-Ch'uen. British merchants will not be allowed to reside at Ch'ung-k'ing, or to open establishments or warehouses there, so long as no steamers have access to the port. When steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration. It is farther proposed as a measui'e of compromise that at certain points on the shore of the Great River, namely, Ta-t'ung, and Ngan-ch'ihg, in the province of An-Hui ; Hu-k'ou, in Kiang-Si ; Wu-sueh, Lu-chi-k'ou, and Sha-shih, in Hu-Kuang ; these being all places of trade in the interior, at which, as they are not open ports, foreign merchants are not legally authorized to land or ship goods ; — steamers shall be allowed to touch for the purpose of landing or shipping passengers or goods; but in all instances by means of native boats only, and subject to the regulations in force affecting native trade. Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, but may not be landed by them for sale. And at all such points, except in the case of imports accompanied by a transit duty certificate, or exports similarly certificated, which will be severally passed free of li-kin on exhibition of such certificates, li-kin will be duly collected on all goods whatever by the native authorities. Foreign merchants will not be authorized to reside or open houses of business or warehouses at the places enumerated as ports of call. 2. At all ports opened to trade, whether by earlier or later agreement, at which no settlement area has been previously defined, it will be the duty of the British Consul, acting in concert with his colleagues, the Consuls of other Powers, to come to an under- standing with the local authorities regarding the definition of the foreign settlement area. 3. On opium. Sir Thomas Wade will move his Government to sanction an arran'j'e- raent different from that affecting other imports. British merchants, when opium is brought into port, will be obliged to have it taken cognizance of by the Customs, and deposited in bond, either in a warehouse or a receiving hulk, until such time as there is a sale for it. The importer will then pay the Tariff duty upon it, and the purchasers, the li-kin ; in order to the prevention of the evasion of the duty, the amount of li-kin to be collected will be decided by the different Provincial Governments, accordino- to the circumstances of each. 4. The Chinese Government agrees that transit duty certificates shall be framed under one rule at all ports, no difference being made in the conditions set forth therein ; and that so far as imports are concerned, the nationality of the person possessing and' carrying these is immaterial. Native produce carried from an inland centre to a port of shipment, if bond fide intended for shipment to a foreign port, may be, by Treaty, certificated by the British subject interested, and exempted by payment of the ha,lf-duty 67 from all charges demanded upon it en route. If produce be not the property of a British subject, or is being carried to a port not for exportation, it is not entitled to the exemption that would be secured it by the exhibition of a transit duty certificate. The British Minister is prepared to agree with the Tsung-li Yamen upon rules that will secure the Chinese Government against abuse of the privilege as affecting produce. The words " nei ti," inland, in the clause of Article VII of the Eules appended to the Tariff, regarding carriage of imports inland, and of native produce purchased inland, apply as much to places on the sea coasts and river shores, as to places in the interior not open •to foreign trade ; the Chinese Government having the right to make arrangements for the prevention of abuses thereat. 5. Article XLV of the Treaty of 1858 prescribes no limit to the term within which a drawback may be claimed upon duty-paid imports. The British Minister agrees to a term of three years, after expiry of which no drawback shall be claimed. 6. The foregoing stipulation, that certain ports are to be opened to foreign trade, and that landing and shipping of goods at six places on the Great River is to be sanctioned, shall be given effect to within six months after receipt of the Imperial Decree approving the Memorial of the Grand Secretary Li. The date for giving the effect to the stipulations affecting exemption of imports from li-kin taxation within the foreign settlements, and the collection of li-kin upon opium by the Customs Inspectorate at the same time as the Tariff duty upon it, will be fixed as soon as the British Government has arrived at an under- standing on the subject with other foreign Governments. 7. The Governor of Hong Kong having long complained of the interference of the Canton Customs revenue cruizers with the junk trade of that Colonj^, the Chinese Govern- ment agrees to the appointment of a Commission, to consist of a British Consul, an officer of the Hong Kong Government, and a Chinese official of equal rank, in order to the esta- blishment of some system that shall enable the Chinese Government to protect its revenue without prejudice to the interests of the Colony. Separate Article. Her Majesty's Government having it in contemplation to send a mission of explora- tion next year by way of Peking through Kan-Su and Koko-Nor, or by way of Ssu-Ch'uen to Thibet, and thence to India, the Tsung-li Yamen, having due regard to the circum- stances, will, when the time arrives, issue the necessary passports, and will address letters to the high provincial authorities and to the Resident in Thibet. If the Mission shoukl not be sent by these routes, but should be proceeding across the Indian frontier to Thibet, the Tsung-li Yam^n, on receipt of a communication to the above effect from the British Minister', will write to the Chinese Resident in Thibet, and the Resident, with due I'egard to the circumstances, will send officers to take due care of the mission ; and passports for the mission will be issued by the Tsung-li Yamin, that its passage be not obstructed. Done at Chefoo, in the Province of Shan-Tung, this thirteenth day of September, in the year of our Lord one thousand eight hundred and seventv-six. (L.S.) THOMAS FRANCIS WADE. (L.S.) Chinese Plenipotentiary. Inclosure 2 in No. 14. Memorial to be presented to the Throne on the YUnnan Outrage. — (Communicated by the Grand Secretary Li Hung-Chang, September 12, 1876.) (Translation.) [THE writer] presents a Memorial requesting the issue of a Decree. He would humbly recall the fact that, in the 6th moon of the 1 3th year of the reign T'ung Chih (May-June, 1874,) the British Minister residing in Peking proposed to the Yamin of Foreign Affairs, in accordance with precedent, to issue passports duly sealed, under which an official mission from India might enter Yiin Nan by way of Burma, and the Interpreter Margary might be sent to meet it ; also to write letters informing the provincial Governments along the line, as well as to the Governor-General and Governor of Yiin Nan. It was in course of time stated by (he British Minister that, in the 12th moon of the same year (January 1875), the Interpreter Margary had reached Bhamo in Burma, and having there met Colonel Browne and the rest of the party sent from India, was returning through the Yiin Nan country, when on the 17th of the 1st moon of the 1st year of the reign Kuang Sii (21st February, 1875,) he, the Interpreter Margary, was murdered at 68 Manwyne, a plaoe which he had reached in the jurisdiction of Momein. On the ISth day (22nd February), Colonel Browne and the rest were attacked and driven back by an Tn the 5th moon of the same year your Majesties despatched Li Han-chang, Gover- nor-General of Hu Kuang, to make inquiry and take action, and the ex- Vice-President Sieh Huan was sent to act with him. The British Minister at the same time sent biT)S- venor, Secretary of Legation, with other [officers] whom he had selected to YunNan, that they might be present at the investigation. In the 3rd moon of the 2nd year (March 1876), Li Han-chang and his colleague, having completed their inquiry, reported to the effect that the murder of the Interpreter Margary was the act of savages, who had -demanded black mail of him ; that he had refused' to pay it, and had been killed by them in consequence, and that it was at the instigation of Li Ch^n-kuo, the Military Officer (tu-ssii, major?) at Nan-tien, since cashiered, that his fellow travellers had been stopped. The case being one affecting foreign relations, they (the Commissioners) did not think it well to take on themselves to award a sentence, and they prayed your Majesties to instruct the Tsung-li Yam^n to confer with the Board of Punishments and to report their joint opinion. Your Majesties having been pleased to signify approval of this course, a copy of the Decree, reverently made, was communicated by the Tsung-li Yam^n to the British Minister, to whom were also forwarded copies of the Memorial of Li Han-chang and his colleague, with copies of depositions and letters. And whereas the depositions of Li Chgn-kuo, now cashiered, and the other prisoners supplied adequate (on trustworthy) evidence against them, the proper course would have been to award such penalties as, after reference to the laws of China, the prisoners should be found severally to deserve. The British Minister, however, has handed in a Memorandum prepared by him, in which he states that, having carefully considered the report of the Secretary Grosvenor and those with him, he is of opinion '^ that, although, by the laws of China, there might be ground sufficient for the conviction of Li Chln-kuo and the others whom Li Han- chang and his colleague have pronounced, on the depositions and other evidence before them, to be the principals in this case, [the prisoners, if the evidence were] tested by the law of England, would not, in his belief, be held to have been justly convicted ; that the punishment of the persons above mentioned consequently, so far from being regarded as acceptable in England (or by the British Government), would, on the reverse, but too probably excite [feelings of] mistrust and apprehension. The persons murdered and driven back in this case, |the British Minister observes], were British officers, and inasmuch as Western civilization teaches that punishment of the past is not of so great consequence as the security of the future, he has earnestly requested that the parties in this case now awaiting sentence be not punished. Your servant having, in obedience to your Majesties' Decree, repaired to Yen-t'ai to confer with the British Minister, would submit that, as the laws of China and the West differ from each other, and as there is a corresponding difference between their modes of proceeding, the sentences [that would otherwise have been passed] be modified so as to meet the exigencies of the case. Chiang Tsung-han, General of the Division of T'^ng- yiieh T'ing (Momein), and Wu Ch'i-liang, Sub-Prefect of that jurisdiction, have already been cashiered. They need not, therefore, be taken farther account of. As regards ' Li Ch6n-kuo, the tu-ssu cashiered, with Erh Tung-Wa, La Tu, and ^the others, eleven in number, if there be no impropriety in the request, [the Memorialist] would respectfully pray your Gracious Majesties, as an , exceptional instance of humanity beyond the prescription of the law, to deign to accord the request of the British Minister, arid, as an act of indulgence, to consider the possibility of granting remission of their sentences. Prostrate he awaits the decision of your Sacred Majesties. He reflects at the same time that, by the murder of the Interpreter Margary, he being an officer sent on a mission by a friendly Power, and provided with a passport, and by the repulse of the officers with him, a wound could not fail to have been inflicted upon the relations of amity existing between the two countries ; while with the deep interest taken by your Majesties in foreign relations, your Majesties cannot but have felt deeply concerned thereat. [The Memorialist] proposes accordingly to request your Majesties to issue for publication in the capital and the provinces a Decree the promulgation of which may dissipate misgiving in the public mind. China and other nations having long since made Treaties with each other, religious observance of which is equally incumbent on both sides, in the 9th moon of last year, the TsUng-li Yamen presented a Memorial, praying a more perfect exposition of the provisions of the Treaties, and a Circular was written by it to the Provincial Governments, reminding 69 them of the provision under which foreigners, travelling with passports, are entitled to protection, and enjoining on them a special attention to the meaning of the Treaties [in this regard], and the duty of action in conformity therewith, as differing circumstances might require.. [Your Majesties replied to that Memorial], and it is the writer's duty to request that a Decree may now be issued, directing the Governors-General and Governors to obey with awe your Majesties' Decree of the Uth day of the 9th moon of last year (9th October, 1875), and once more to issue strict orders to their subordinates with reverence to second the desire of the Government to keep on terms of amity with friendly States, and to remember that whenever a foreigner is travelling in the interior with a passport they must act towards him in respect of his Treaty right as the Treaty requires ; that he must be duly protected ; that if any serious harm befal him in consequence of their omission to take proper precaution, the authorities of the province concerned will be held responsible ; that in every Prefecture, Sub-Prefecture, and District Proclamations are to be posted; so that every household may knovf the relation in which the Chinese and foreigner stand to each other. [This done], misunderstandings will be certain not to occur. Should your Majesties honbur the above proposition with your approval, it will be for the Tsung-li Yanien to draft the Proclamation that is to be sent to the Provincial Governments for their guidance. Whether the course suggested by the Memorialist for the termination of the Yiinnan affair be worthy of adoption or not, he humbly beseeches their Majesties the Empresses. Dowager and the Emperor, when they shall have perused them, to signify. A respectful Memorial. Tnclosure 3 in No. 14. Sii- T. Wade to the Gh'and Secretary Li. Sir, Chef 00, September 12, 1876". IN a note dated the 1st instant, I had the honour to state to your Excellency the conditions under which I was prepared to treat with your Excellency. The agreement we have negotiated being now ready for signature, I am willing, as I informed your Excellency in our conference of yesterday, to modify those conditions in an important particular, namely, by definitively disposing of the affair under discussion. In my note of the 1st instant, I promised that if your Excellency should happily be able to, agree to the propositions we were about to discuss, T would report your agreement Lo Her Majesty's Government, with a request that it might be regarded as closing the case. In recognition of the frankness with which your Excellency has treated me through- out the negotiations in which we have been engaged, I am willing to go a step farther in the direction of final settlement. As soon as the agreement before us has been signed, I shall proceed to Peking ; and having announced my arrival to the Prince of Kung, I shall hope for the immediate appearance in the " Gazette" of the Memorials and Imperial Decrees referred to in the agreement. These having been published, I shall request that the Circulars which it is stipulated shall be addressed to myself and my colleagues, the Representatives of the Treaty Powers, be shown me. These papers, and all others to which the agreement points as requiring immediate expedition, having been communicated tO' me, I will telegraph to Her Majesty's Government that I have taken upon myself the responsibility of closing the Yiin Nan affair. Your Excellency, I am aware, appreciates the value of the arrangement I am thus substituting for that earlier contemplated. Under the latter it was left open to Her Majesty's Government to demand reconsideration of the whole case from beginning to end. If I report it closed. Her Majesty's Government is of course free to disapprove my proceed- ings ; but 1 believe myself correct in affirming that the case will not be re-open^d. The responsibility I accept in closing it, is at the same time considerable ; and it will be impos- sible that I should make the report that I have undertaken to close it, until I have in my hands the guarantees indicated above. To prevent misunderstanding, I append a list of the papers, which I shall expect the Prince of Kung to forward me when I reach Peking. On receipt of these it will be my imme- diate duty to perform the promise given on my side. I renew, &c. (Signed) THOMAS FRANCIS WADE. Cases. 70 Memorandum appended to Note of the \2th September. 1 . Decree concerning agreement between the Grand Secretary Li and Sir T. Wade. 2. Memorial of his Excellency Li on the Yiin Nan affair. 3. Decree, in reply. 4. Tsung-li Yamfin's Circular to Provinces, embodying 2 and 3. .5. Decree on Yiin Nan frontier trade 6. Order for 200,000 taels indemnity. 7. Copy of Imperial letter of apology. 8. Yamen's letter announcing constitution of mission, and date of departure. 9. Circular to Legations on Code of Etiquette. 10. Circular on Code of Procedure in Mixed Court cases. 11. Reply to despatch on presence of British Officers at proceedings in Criminal Inclosure 4 in No. 14. The Grand Secretary Li to Sir T. Wade. (Translation.) Chefoo, September 12, 1876. THE High Commissioner has to acknowledge the receipt this day of the British Minister's note, in which he states that the agreement negotiated being now ready for signature, he is willing" to modify the conditions upon which he had previously declared himself prepared to treat in an important particular, namely, by definitively disposing of the affair under discussion. He adds that, on his arrival at Peking, he will hope for the immediate appearance in the Gazette of the Memorial and Imperial Decrees referred to in the agreement, on the publication of which he will request that the circulars which it is stipulated shall be addressed to himself and his colleagues, the Uepresentatives of the Treaty Powers, be shown him. These papers, and all others to which the Agreement points as requiring immediate expedition, having been communicated to him, he will telegraph to Her Majesty's Government that he has taken on himself the responsibility of closing the Yiin Nan affair. This having been done, he believes himself correct in affirming that the case will not be reopened by Her Majesty's Government. He appends a memorandum of the papers he will expect to be furnished with on his arrival at Peking, In acknowledging the foregoing, the High Commissioner has to state that so soon as the Agi'eement negotiated between himself and the British Minister shall have been signed, he will forthwith despatch a memorial reporting the circumstances to the throne, and requesting the Imperial decision by rescript. On a rescript ratifying the terms of the agreement having been received, it will naturally be the duty of the Yam6n of Foreign Affairs to take action severally in accordance with the various stipulations set forth in the Agreement, and to address successively to the British Minister the communications [which it is provided shall be sent to him.] For the promptitude and fairness of the step to be taken by the* British Minister, in accepting the responsibility of declaring the case closed and reporting to this effect to the British Government, the High Commissioner can scarcely give adequate expression to the satisfaction with which he is penetrated. He transmits to the Yamen of Foreign Affairs a copy of the note and memorandum under acknowledgment, requesting that the most careful attention be given to their tenour and the necessary action taken thereupon ; and in addition to this he forwards the present reply. Kwang Sii, 2nd year, 7th moon, 25th day. No. 15. • Sir T. Wade to the Earl of Derby. — {Received December 3.) My Lord, _ Peking, October 2, 1876. I REACHED Peking, as my telegram will have informed your Lordship, on the 21st September, and found waiting for me a note from the Prince of Kung, dated the l7th, in which His Imperial Highness had inclosed copy of the- Imperial- Decree issued on receipt of the Memorial of the Grand Secretary Li Hung-chang, draft of which had been shown me at Chefoo, A copy of the Memorial itself, which formed Inclosure 2 of iny despatch of the 14th September, was appended to the same note. 71 I beg to forward translation of the note in question. Believing that I had been led to expect a somewhat fuller acceptance of my agree- ment with the Grand. Secretary Li than the short receipt embodied in the Prince's note, as soon as I read this I wrote to that effect to His Imperial Highness. I inclose copy of my note, and of the reply received to it on the 23rd September. On the same day I received from the Prince a note, inclosing copy of the Circular which it had been stipulated that the Tsung-li Yam^n should address to the Provincial Grovernments, directing their attention to the Memorial of the G-rand Secretary Li, and the Decree acknowledging this paper. As the Yamen's letter embodies the Memorial and Decree, it is necessarily of considerable length, although its own additions are but of slight dimension. Translation is inclosed, together with copy of the reply, which, after a brief discussion of the terms employed in some parts of the Proclamation, I wrote to the Prince's note just mentioned, accepting it as satisfactory. My agreement had stipulated that on receipt of the Proclamation I should formally claim the right of British officers to be present at investigations following upon acts of violence done to the persons or property of British officers, whether in the interior or at the ports ; and that this claim should be formally admitted. I inclose copy and trans- lation of the notes exchanged between the Prince of Kung and myself upon this subject ; also translation of His Imperial Highness's note apprising me that the Minister Superin- tendent of Trade at the N"orthern Ports (the Grand Secretary Li) had been instructed to pay to any officer I might authorise to receive it the sum of 200,000 taels, the amount of indemnity agreed upon. In further fulfilment of the stipulations of the agreement, circulars inviting con- sideration of a code of etiquette by which official intercourse may be regulated ; of rules for the better administration of justice, in mixed cases; and of a definition of the area of exemption from "likin" taxation to which duty-paid imports are to be entitled, were addressed to my colleagues, the Eepresentatives of the Treaty Powers, myself, except in the last instance, included. The drafts of all these papers were communicated to me. I inclose translations of these ; also of a semi-official note, in which the draft of the Circular upon taxation was sent me. Some words had been introduced into it after the draft had been seen by me ; an incident to which I shall return elsewhere. It was, perhaps, on account of this that the Circular was not formally addressed to me as well as to my colleagues. The above papers, with the draft of the letter to be carried by a special mission to the Queen, being those- for the production of which I had stipulated (the draft of the Imperial letter, as I shall elsewhere report, had been communicated to me with the rest), I was bound to admit that the conditions on satisfaction of which I had promised to declare the case closed had been fulfilled, and I accordingly did so declare it: first, verbally, to the Prince of Kung; and, secondly, in an official note, copy of which, and translation of the Prince's reply, are the last papers with which I shall trouble your Lordship in this despatch. . Of the latter, the reply, I shaU observe that, although- nothing can be less sympathetic, I do not conceive it to be intentionally curt, or indicative of indisposition to abide by what has been undertaken. The best evidence of the readiness of I he Tsung-li Yamen to adhere to the terms of the agreement, is supplied by the fact that the moment it was received here, the Yamen printed it, and officially communicated a copy to every Legation. A good deal of course remains yet to be done, and this will, in part, explain the language I have employed in my note of the 30th September (Inclosure 12). I think it, at the same time, important not to leave it to be supposed that the past, if forgiven, has been entirely forgotten. I have, &c. (Signed) THOMAS FEAFCIS WADE. Inclosure 1 in ISo. 15. The Prince of Kung to Sir T. Wade. (Translation.) Peking, September 17, 1876. THE Prince of Kung makes a communicatioh to the British Minister. On the 17th September, 1876, the Grand Secretariat had the honour to receive the following Imperial Decree :— "Li Hung-chang reports to us in sundry memorials and postscript memorials, stating that, in obedience to our Decree, he had proceeded with all dispatch to Chefoo, to take action in conference with the British Envoy on the subject of the Yiin Nan affair. The i^7ii\ L 72 British official interpreter Ma-kia-li (Margary) having been murdered on the frontier of Tto ]S"an, in the district of T'eng-yiieh, the local, civil, and military officials have rendered themselves liable to punishment for their shortcoming in having failed to take due care for his protection, and it would be right that they should be punished each in conformity with the circumstances of the case. Inasmuch, however, as Li Hung-chang represents that the British Envoy, Wei T'o-ma, considering security for the future to be preferable to vengeance for the past, has requested that the prisoners awaiting sentence be exempted from punishment, we command that this request be complied with. Apart from the cases of the Acting Brigadier-General of T'eng-yiieh, Tsiang Tsung-han, and the Sub-Prefect of T'Sng-yiieh, Wu K'i-liang, who have both already been cashiered, and who require no further notice, we decree that the sentences which are entailed by law upon Li Ch^n-kwoh, the military officer now cashiered, and tJrh T'ung "VVa, La Tu, and the other (Kakhyen) prisoners, eleven in all, be as an act of grace remitted. Neverthe- less fit is to be remembered that] • Ma Kia-li was an official acting under the orders of the British Grovernment, to whom a passport had been issued for his journey by way of Yiin I^Tan to Burmab, and to whom, both going and returning, it was a duty to afford protection. That he should have encountered so unhappy an end, and that the officers with whom he was travelling should have been attacked and obstructed in their advance, was an entire departure from the Sovereign's desire for [the maintenance of] friendly relations. The Governors-General and Governors of all the Provinces must hence- forward zealously fulfil the injunctions conveyed in our Decree of the eleventh day of the ninth moon of last year (9th October, 1875), in issuing stringent instructions to their subordinates to the effect that, for the future, subjects of all nationalities who may be travelling in the interior under passport must be accorded the treatment secured to them by Treaty, and afforded efficient protection. The authorities, high and low, of the province concerned shall be held responsible in the event of injury or maltreatment being inflicted in contravention of the Treaties. " We farther command the Tamen of Foreign Affairs to draw up a Proclamation, to be sent by them to all provincial Governments, who will take the proper action there- upon. The local authorities of all such provinces are bound to familiarize themselves with the provisions of the Treaties, to the end that peaceful relations may be maintained between China and foreign States. Should any foreign subject or official meet a violent death, let them with all promptitude take measures for the apprehension of the actual offender, and provide for the adjudication of the case within a given period. Let them not indulge in arbitrary delays, whereby they would expose themselves to merited punishment. "The case of Ma Kia-li being now terminated, for such measures as concern the Yiin Nan frontier trade, we ordain that, when officers shall be appointed for the purpose by the British Government, the Governor-General and Governor of Tiin JSTan shall appoint competent officers of rank to proceed to the frontier of the said province to acquaint themselves with the condition of affairs, and agree in concert upon the regulations to be framed, reporting to us, at the proper time, for action thereupon." [The Memorialist] having further submitted the Agreement negotiated, the following Imperial Eescript was issued : — " Let effect be given to what has been proposed." The Prince begs now to forward a copy of the Memorial, and a copy respectfully made of the Imperial Decree, for the information of the British Minister. Kuang Sii, 2nd year, 7th moon, 30th day. Inclosure 2 in No. 15. Sir T. Wade to the Prince of Kung. Sir, Peking, September 21, 1876. ON my return to the Legation this morning, I found your Imperial Highness's note of the l7th instant. From the Imperial Decree embodied in it, and the Memorial pre- sented by the Grand Secretary Li Hung-Chang, copy of which is appended to it, I learn that the Agreement signed at Cheefoo by the Grand Secretary and myself in quadrupli- cate, upon the 13th instant, must have been laid before the Throne. I need hardly impress upon your Imperial^ Highness the importance of communicating to me without delay the Imperial Decree which I cannot but suppose has been issued confirming that Agreement, for the information of Her Majesty's Government. I renew &c (Signed) ' THOMAS FEANCIS WADE. 73 Inclosure 3 in H'o. 15. The Prince of Kung to Sir T. Wade. (Translation.) Peking, September 23, 1876. THE Prince of Kung makes a communication to the British Minister. The Prince has to acknowledge the receipt of the British Minister's note of the 21st instant, requesting that the Imperial Decree confirming the negotiations signed at Chefoo might be communicated to him without delay, for the information of Her Majesty's Government. On the l7th September, the G-rand Secretary Li submitted to the Throne the Agreement negotiated, and an Imperial Decree was received in the following words : — " Let effect be given to what is proposed." The Agreement, it hence appears, received the Imperial sanction, and on the same day a copy of the Decree, reverently made, was communicated to the British Minister. This is the reply which the Prince begs to make to the British Minister's note under acknowledgment. Kuang Sii, 2nd year, 8th moon, 6th day. Inclosure 4 in IsTo. 15. The Prince of Kung to Sir T. Wade. (Translation.) Peking, September 23, 1876. THE Prince of Kung makes a communication to the British Minister. In the Agreement negotiated between the Superintendent of Trade for the Northern Ports and the British Minister, and confirmed by an Imperial Decree of the 17th instant, it is provided that the Memorial and the Decree [therein referred to] shall be embodied at length in a Proclamation, which shall be communicated to the British Minister. A copy of the Proclamation is now inclosed, for the information of the British Minister, from whom an early reply is requested, in order that steps may be taken [for its circulation]. Kuang Sii, 2nd year, 8th moon, 6th day. Proclamation for the information of all. THE following despatch has been received from the Tsung-li Yamen. " With regard to foreigners travelling in the interior, it is stipulated, in all Treaties with foreign Powers, that ' any person provided with a passport bearing the seal of the local authority, shall be allowed to proceed to any part, upon production of his passport at the places through which he may pass. Should any offence against the law be com- mitted, the offender shall be handed over to the nearest Consul for punishment ; but he must not be submitted to any ill-usage in excess of necessary restraint ;' and it is the duty of the authorities of whatever locality to act in conformity with these Treaties. " In February of last year, the English Interpreter Margary, after having obtained a passport at Peking, proceeded to Yunnan. On his return, when within the jurisdiction of T'eng-Yiieh (Momein), he unhappily met with a violent death. An Imperial Decree was issued commanding Li, Governor-General of Hu Kwang, to proceed [to Yiinnan] to make investigation and take action ; and, furthermore, the Tsung-li Yamen submitted a Memorial to the Throne, setting forth the provisions of the Treaties, and praying that injunctions might be laid on the provinces to act in obedience [to these stipulations]. " On the 9th October, 1875, was received an Imperial Decree in tenor as follows : — ^'The Yam^n of Foreign Affairs has memorialized us, setting forth in distinct terms the provisions of the Treaties with different countries, and requesting that injunc- tions be laid upon the Governments of all the Provinces to act in obedience [to these stipulations.] With reference to [the privileges enjoyed by] foreigners of travelling in the interior, it is distinctly provided in all the Treaties that passports must be taken out, which must be impressed with a Chinese official seal, and which must he presented for inspection whenever required, whereupon passage will be granted. It is furthermore stipulated that in the event of any unlawful act being committed [by the bearer of a passport] he shall be handed over to the nearest Consul t© be dealt with, being subjected [678] L 2 74 only to the necessary restraint while on the journey, but not allowed to be maltreated. Passports are not to be given to any but persons of respectability. "The Treaty provisions are distinct in the extreme, and there should be no difficulty on the part of local authorities in taking action with regard to them as may be necessary. In the case which has lately occurred, of the British official Interpreter Margary, who has been murdered on the frontier of Ytin Ean, we have already appointed Li Han- Chang to proceed without delay [to that province], in order to ascertain by whom the murder was committed, and to take action. After [the promulgation of this Decree] it wiU be an imperative duty with the Governors-General and Governors of all the provinces, to issue instructions to all the local officials under their control, directing them to take cognizance minutely of the intention of the Treaties, [and enjoining upon them that] whenever persons provided with passports enter their districts, it is incumbent upon them to take measures effectively, as circumstances may direct, in conformity with the Treaty provisions. By this means tranquillity will be secured to Chinese and foreigners alike, and causes of misunderstanding will be prevented from arising. " In July of this year a second Imperial Decree was issued commanding the Grand Secretary Li, Governor-General of Chihli, to proceed to Yent'ai (Chefoo) in Shantung, there to meet Sir Thomas Wade, the British Minister Plenipotentiary, to consider the action to be taken in the case of the Interpreter Margary, and to submit a Memorial reporting the conclusion of the affair. " The Grand Secretary Li subsequently presented the following Memorial : — [Insert Memorial.]* "On the 17th September, 1876, the Grand Secretariat had the honour to receive the following Imperial Decree : — [Insert Decree of September 17, 1876.]t " The Yamen, in obedience to the above, has to send copies [of the Memorial and Decree], and to direct that a Proclamation on the subject be issued." It becomes, therefore, an imperative duty to issue a Proclamation to all classes, whether soldiers or people, who are hereby informed that, in future whenever a foreigner provided with a passport is travelling in any part of the interior, efficient protection must be afforded him, in reverent obedience to the Imperial WiU, twice proclaimed, to the end that amicable relations may be consolidated, and [foreign] Treaties duly con- formed to. Let not wilful disobedience involve any one in a grievous crime. Important ! important ! A special Proclamation. Inclosure 5 in No. 15. Sir T. Wade to the Prince of Kung. Sir, Pelting, September 26, 187.6. I HAVE the honour to acknowledge the note, under date the 23rd instant, in which your Imperial Highness inclosed the draft of the Proclamation embodying the Memorial and Decree referred to in the Agreement negotiated by me with the Grand Secretary Li. Having read the inclosure over with the Ministers of the Tsung-li Yamen, on the 25th instant, I have much pleasure in stating that I am perfectly satisfied with the Proclamation. I renew &c (Signed) ' THOMAS FRAIJfCIS WADE. * Inclosure 2 in No. 12. f Inclosure 1 in No. 13. 75 Inclosure 6 in No. 15. Sir T. Wade to the Prince of Kung. Sir, • Peking, September 25, 1876. \E the Agreement signed by the G-rand Secretary Li and myself, on the 13th instant, it was stipulated that " whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot, to be present at the investigation. " To the prevention of misunderstanding on this point, Sir Thomas Wade will write a note to the above effect, to which the Tsung-li Yamen will reply, affirming that this is the course of proceeding to be adhered to for the time to come." I have now the honour to request that your Imperial Highness will write me a note in the sense required by this Article of the Agreement. I rcnGw &c (Signed) ' THOMAS FRANCIS WADE. Inclosure 7 in No. 15. The Prince of Kung to Sir T. Wade. (Translation.) Peking, September 25, 1876. THE Prince of Kung makes a communication to the British Minister. The Prince has to acknowledge the receipt this day of a note from the British Minister, which is here quoted in full : — "In the Agreement signed by the Grand Secretary Li and myself on the 13th instant, it was stipulated that ' whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation. " ' To the prevention of misunderstanding on this point, Sir Thomas Wade will write a note to the above effect, to which the Tsung-li Yam^n will reply, affirming that this is the course of proceeding to be adhered to for the time to come.' " I have now the honour to request that your Imperial Highness will write me a note in the sense required by this act of the Agreement." The Agreement referred to in the note under acknowledgment was submitted to the Throne by the Grand Secretary Li on the 17th September, and the Imperial Rescript in the following words : " Let effect be given to what is proposed " has already been respectfully transcribed and communicated to the British Minister by the Yamen. Being now in receipt of the note above quoted, the Prince has to reply that, as the Agreement in question has been submitted to the Throne in a Memorial, and confirmed by an Imperial Rescript, it becomes the duty of the Yamin to send instructions to all parts [of the Empire], that whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the course of proceeding to be adhered to is that laid down in the Agreement. Kuang Sii, 2nd year, 8th moon, 8th day. Inclosure 8 in No. 15. The Prince of Kung to Sir T. Wade. (Translation.) 'Peking, September 25, 1876. THE Prince of Kung makes a communication to the British Minister. Li, Minister Plenipotentiary, Grand Secretary and Governor- General of Chih Li, having on the 17th instant (Kuang Sii, 2nd year, 7th month, 30th day) memorialized His Majesty to the effect that the Yiin Nan case was closed, and having submitted, at the same time, the Agreement negotiated with Sir T. Wade, the British Minister, an Imperial Rescript was received : " Let effect be given to what is proposed." In that Agreement it is stated : — " The amount of indemnity to be paid on account of the families of the ofiicers and others killed in Yiin Nan ; on account of the expenses which the Yiin Nan case has occasioned ; and on account of claims of British merchants arising out of the action of 76 oflScers of the Chinese Government, up to the commencement of the present year, Sir T. Wade takes upon himself to fix at 200,000 taels, payable on demand." An Imperial Eescript having been received directing that the course proposed by his Excellency Li, in his Memorial concerning [the payment of] this amount be followed, it has consequently to be paid. The Yamgn ha.ve now decided to write to the Minister Superintendent of Trade for the I^orthern Ports to pay over in full the sum aforesaid, viz., 200,000 taels, full weight ; and the British Minister is now informed of this, that when it suits him he may send an ofiicer to take delivery of it. It will at the same time be for the British Minister to instruct his Consuls to satisfy all claims of British subjects prior to the commencement of the present year (Kuang Sii, 2nd year). Kuang Su, 2nd year, 8th moon, 8th day. Inclosure 9 in No. 15. The Prince of Kung to Sir T. Wade. (Translation.) Peking, September 25, 1876. THE Prince of Kung makes a communication to the British Minister. On the 17th September, his Excellency Li, Imperial Envoy, Minister Plenipotentiary, Member of the Grand Secretariat, and Governor- General of Chihli, presented a Memorial reporting the settlement of the Yunnan affair, and submitted to the Throne the Agree- ment negotiated with the British Minister. His Majesty's pleasure was signified in these words : — " Let effect be given to what is proposed." In the Agreement in question, the following passage occurs : — " In the Tsung-li Yamen's Memorial of the 28th September, 1875, the Prince of Kung and the Ministers stated that their object in presenting it had not been simply the transaction of business ^in which Chinese and foreigners might be concerned, missions abroad and the question of diplomatic intercourse being equally within their prayer. " To the prevention of farther misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the Capital and in the provinces, it is agreed that the Tsung-li Yamen shall address a circular to the Legations, inviting foreign Representatives to consider with them a code of etiquette, to the end that foreign ofiicials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries, and as would be shown to Chinese Agents so serving abroad. The fact that China is about to establish Missions and Consulates abroad, renders an understanding on these points essential." And again : — " The British Treaty of 1858, Article XVI, lays down that — " Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China. " British subjects who may commit any crime in China shall be tried and punished by the Consul, or any other public functionary authorized thereto, according to the laws of Great Britain. Justice shall be equitably and impartially administered on both : sides. " The words ' functionary authorized thereto ' are translated in the Chinese text ' British Government.' In order to the fulfilment of its Treaty obligations, the British Government has established a Supreme Court at Shanghae, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghae a Mixed Court, but the officer presiding over it, either from lack of power or dread of unpopularity, constantly fails to enforce his judgments. It is now understood that the Tsung-li Yamen will write a circular to the Legations, inviting foreign Eepresentatives at once to consider with the Tsung-li Yamen the measures needed for the more effective administration of justice at the ports open to trade." A Memorial, containing the two clauses quoted above, was submitted by the Governor-General Li, and has received the approval of the Throne. It therefore becomes the duty of the Tsung-li Yamen to request the British Minister and the foreign Eepresentatives to consider the measures needed to give complete satisfaction. Kuang Sii, 2nd year, 8th moon, 8th day. 77 Inclosure 10 in Fo. 15. The Tsung-li Yamen to Sir T. Wade. (Semi-official.) (Translation.) Peking, September 25, 1876. AFTER the Agreement negotiated at Chefoo between the Grand Secretary Li and the British Minister had been confirmed from the Throne, the Yam^n addressed the British. Minister on the subject of the two clauses contained in the Agreement, one with regard to international intercourse and the other concerning the administration of justice. The Yam^n now begs to inclose a copy of each of the Circulars it has sent to the foreign Representatives, requesting them to take these questions into their joint con- sideration. International Intercoubse. Circular addressed to the Foreign Representatives. An Imperial Rescript in these words : " Let effect be given to what is proposed," was returned to the Memorial presented by Li, Envoy Extraordinary, &c., &c., reporting the settlement of the Yunnan case, and submitting the Agreement negotiated with Sir Thomas "Wade, the British Minister. A copy of the Decree, reverently made, has already been sent in an official note,, and (copies of the) Agreement have also been forwarded in a semi-official letter. In the Agreement the following passage occurs : — " In the Tsungli Yam^n's Memorial of the 28th September, 1875, the Prince of Kung and the Ministers stated, &c., &c. [down to], an understanding on these points, essential." This clause being intended to make manifest the sincere and friendly disposition of the Chinese Government, it becomes desirable that the circumstances should be considered and an understanding arrived at, to the end that international intercourse may be marked by a greater degree of friendship and good feeling. The Yam^n accordingly has to communicate a copy of the Article in question to the Minister, and the other foreign Representatives for their calm consideration, and when an understanding has been arrived at, the Yamen would be glad to be made acquainted with its nature, in order that it may receive the attention of the Yam^n in Council, assembled. Judicial Proceedings. Circular addressed to the Foreign Representatives. An Imperial Rescript in these words : " Let effect be given to what is proposed " was returned to the Memorial presented by Li, Envoy Extraordinary, &c., &c., reporting the settlement of the Yunnan affiiir, and submitting the Agreement negotiated with Sir Thomas "Wade, the British Minister. A, copy of the Decree, reverently made, has already been sent in an official note, and a copy of the Agreement has also been communicated in a semi-official letter. In the Agreement the following passage occurs : — " The British Treaty of 1858, Article XVI, lays downs, &c., &c. [down to], fails to enforce his judgment." The above quotation has special reference to joint negotiations under the sixteenth and other articles of the British Treaty, and the Yamen has [consequently] addressed itself to Sir Thomas "Wade ; but as regards a further clause in the Agreement which states: " It is now understood that the Tsung-li Yamen, &c., &c. [down to], justice at the ports open to trade," what is intended is that it should be taken into consideration whether it might not be possible to frame uniform regulations for all the Powers for future investigations in mixed cases. The Yamen, therefore, invites the Minister in the first instance to associate himself with the other foreign Representatives in Peking, for the discussion of this question, and to inform the Yamen of the result of the deliberations, in order that it may receive the attention of the Yamen in Council assembled. 78 Inclosure 11 in N"o. 15. The Ministers of the Yamen to Sir T. Wade. (Semi-official.) (Translation.) September 26, 1876. THE writers regret extremely that they were prevented by public business from being at the Tamen to converse' with Sir Thomas Wade when he was so good as to call this morning. The drafts of the despatches to be sent to the foreign Representatives [stipulated for] in the Agreement, on the subject of the settlement area within which foreign goods are to be exempt from likin, and on the levy of tariff duty and likin simultaneously upon opium, have already been discussed and agreed upnn by the British Minister and the Minister Kuo : these are both most satisfactory. Until, however, the new regulations with regard to opium have been considered and determined upon, it will not be weU to put a stop to the [present mode of] selling or taxing [the drug]. The old mode of procedure ought, as a matter of course, to be followed. The writers have now added a short explanatory clause to the draft [Circular] despatch, which, it appears to them, renders its meaning more clear. They beg to forward copy of this document for the British Minister's perusal. Compliments, &c. Likin and Opium. Circular to Foreign Representatives. An Imperial Eescript in these words: "Let effect be given to what is proposed " was appended to the Memorial presented by Li, Envoy Extraordinary, &c., reporting the settlement of the Tiinnan case, and submitting the Agreement negotiated with Sir Thomas "Wade, the British Minister. A copy of the Decree reverently made, and also of the Agreement, have already been communicated. The Agreement in question states : — " With reference to the area within which, according to the Treaties in force, likin ought not to be collected on foreign goods at open ports, Sir Thomas Wade agrees to move his Government to allow the ground rented by foreigners (the so-called concessions) at the different ports to be regarded as the area of exemption from likin." And again, in another clause : — "On opium. Sir Thomas Wade will move his Government to sanction an arrange- ment different from that affecting other imports. British merchants, when opium is brought into port, will be obliged to have it taken cognizance of by the Customs, and deposited in bond either in a warehouse or in a receiving-hulk, until such time as there is a sale for it. The importer will then pay the tariff duty upon it, and the purchaser the likin, in order to the prevention of evasion of the duty. The amount of likin to be collected will be decided by the different provincial governments, according to the circumstances of each." China, hard pressed by the. need of military supplies, has instituted the collection of likin, a tax levied alike on native produce and foreign goods unprovided with a transit certificate, either in the interior or at the open ports. Foreign merchants meanwhile claim that the tariff duty once paid, no additional tax in the shape of likin shall be demanded until the arrival of the goods at a barrier, and this diversity of opinion has led to much controversy. tinder the Agreement now concluded. Sir Thomas Wade will recommend his Government to arrive at an understanding with the other Powers whereby the ground rented by foreigners (the so-called concessions) shall be regarded as the area of exemp- tion from likin, the object being to prevent future misunderstandings on the subject. As regards opium, [Sir Thomas Wade will move his Government] to sanction an arrange- ment different from that affecting other imports, under which both import duty and likin will be paid into the foreign Customs, in order to the prevention of evasion of the duty. (Until this question is settled the present system will continue to be followed.) As it is provided that the date for giving effect to the stipulations affecting exemp- tion of imports from likin taxation within the foreign Settlement, and the collection of likin on opium at the same time as the tariff duty upon it will be fixed, as soon as the British Government has arrived at an understanding on the subject with other foreign 79 Governments, the Tamen has to invite the Minister to consult with [the other foreign Eepresentatives] on the subject of these two stipulations with a view to arriving at an understanding, which it would request the Minister to lay hefore his Government for their consideration. "When all the foreign Governments have come to a satisfactory arrangement on these points, the Yam^n would feel greatly obliged to the . Minister to communicate the fact, in order that the Tamen may take the necessary steps. Inclosure 12 in No. 15. Sir T. Wade to the Prince of Kung. Sir, Peking, September 30, 1876. I HAVE the honour to refer your Imperial Highness to a note addressed by me at Chefoo on the 12th instant to the Grand Secretary Li Hung-Chang, copy of which has been, I know, communicated to the Tsung-li Yamen by his Excellency. This was to the effect that, as soon as the Agreement negotiated by the Grand Secretary and myself was signed, I should proceed to Peking, and that, having announced my arrival to your Imperial Highness, I should look for the immediate publication in the " Gazette" of the Memorial and Imperial Decree referred to in the Agreement. These published, I should request that the circulars which it was stipulated in the Agreement were to be addressed to myself and my colleagues, the Eepresentatives of the Treaty Powers, should be shown me ; and on communication of these papers, and of all others to which the Agreement pointed as requiring immediate expedition, I would telegraph to Her Majesty's Government that I had taken on myself the responsibility of closing the Tiin IN"an case. The documents enumerated in my note of the 12th instant having been duly expe- dited, I had the honour to state, when your Imperial Highness was at the Legation on the 27th instant, that I was prepared to fulfil my promise, and I, accordingly, telegraphed the same day to the Earl of Derby that I had taken on myself to declare the Yiin Nan case closed. As soon as I receive his Lordship's reply it will be my duty to communicate it to your Imperial Highness. I am not without hope that the step I have taken may be approved, but, as your Imperial Highness is aware, I took it without authority. The case, as I have again and again repeated, has very seriously engaged the attention of the Government and the country. This could not be otherwise ; and the question to which both will look for a reply is, whether the measure of reparation which I have ventured to accept is or is not a sufficient guarantee for the future security of Her Majesty's subjects. It is by facts, not by words, that this question will have to be answered, and I cannot too earnestly impress upon your Imperial Highness the necessity of ensuring, both in the capital and in the provinces, immediate attention to the stipulations of the Agreement negotiated at Chefoo with the Grand Secretary Li, and approved by Imperial Decree, whether as affecting the Yiin Nan outrage per se, the question of diplomatic intercourse, or the expansion of trade. I renew &c. (Signed) ' THOMAS FRANCIS WADE. Inclosure 13 in No. 15. *The Prince of Kung to Sir T. Wade. (Translation.) Peking, October 3, 1876. THE Prince of Kung makes a communication- to the British Minister. The Prince has to acknowledge the receipt, on the 2nd instant, of the British Minister's note, in which he refers to his personal statement made on the 27th of September, that he was prepared to telegraph to the Earl of Derby that the Yiin Nan case was closed. The note under acknowledgment continues — " I cannot too earnestly impress upon your Imperial Highness the necessity of ensuring, both in the capital and in the pro- vinces, immediate attention to the stipulations of the Agreement negotiated at Chefoo, and approved by Imperial Decree, whether as affecting the Yiinnan outrage per se, the question of diplomatic intercourse, or the expansion of trade." [678] M 80 The Prinee is thus put m possession of the informatioD that the British Minister has reported to his Government the settlement of the Tvinnan case. As regards the Agreement negotiated at Chefoo, an Imperial Decree having been received confirming its stipulations, the Tamen has, in obedience to its comihands, written to the various provincial authorities, and has addressed the foreign Repre- sentatives. The British Minister may assuredly set his mind at rest Kuang Sii, 2nd year, 8th moon, 16th day. No. 16. Sir T. Wade to the Earl of Derby. — {Received January 19, 1877.) (Extract.) Shanghae, November 23, 1876. ON my rpturp to Peking ffopti Chpfoo, I found that the Mission, which, although its permanent residence in England |s cpntpqaplated, w^^ none the less a mission of apolpgy, was, too probably, to be delayed some months in China. Had this been the case, the satisfaction, at the most not much, that the apology might be held by Her Majesty's Gpyernment to provide, wpuld have been materially diminished. I felt bound, therefore, to press very eari^estly for jts immediate departure. I inclose copies of the correspond- ence which this incident ge\,\e occasion to. Inclosure 1 in No. 16. Sir T. Wade to the Prince of Kung. Sir, Peking, October 26, 1876. THE Ministers who did me the honour to receive me at the Yamin to-day will doubtless inform your Imperial Highness of what passed between tjieir Excellencies and myself on the subject of the Mission about to proceed tp England with thp letter in which the Chinese Government expresses regret for what occurred in Yiinnarj. I am still without an answer from the Earl of Derby to my telegram of the 12th of September, in which I gave a summary of the Agreement that I was to sign on the follow- ing day, or to the telegram of the 27th announcing that I had taken it upon myself to declare the case closed. I am, therefore, unable to say whether the settlement accepted by me has been approved or not by Bfer Majesty's Government, and as I have now informed the Earl of Derby in a telegram dated yesterday tl|at there appears to be some doubt as to the route thp Mission will take, ajid the time that its journey will occupy, I think it right tp express my opinipn that the case will not be rega^'ded as closed by Hejr Majesty's Govern- ment until the Imperial Letter shall have been delivered. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 2 in No. 16. The Prince of Kung to Sir T. Wade. Peking, October 27, 1876. THE Prince has to acknowledge the British Minister's note of the 26th instant, referring to the conversation which passed that day between the Ministers of the Yamdn and the British Minister on the subject of the Mission about to proceed to England. The British Minister states that he is still without an answer from the Earl of Derby to his telegram of the 12th September, dispatched the day before the Agreement was signed, or tp his telegram of the 27th September, announcing that he had taken upon himself to declare the case closed. He is, thereforp, uiiable to say whether the settlement has been approved or not by Her Majesty's Gpye^nmept. The British IVfinister continues, that on the 25th instant he telegraphed to the Earl of Derby that there ^pTpe^re^ to be some dpubt as tp the rpute the Mission would take, and the time its journey would ocpupy, and he thought it right tp express his opinion (to 81 ■ ■ the Prince) that the case will not be risgarded as closed by Her Majesty's Government until the Imperial letter shall have been delivered. The Ministers of the Yamfen duly reported to the Prince all that the British Minister stated regarding the Mission to England on the occasion of his visit to the Yam^n two days ago. The Prince has already, on the 2nd October, received a note from the British Minister stating that the Ylln Nan case was closed. As regards the Mission, the British Minister was informed, on the 25th September, that its departure was to take place during the 9th inbon. It is now the full intention of the Ministers composing the Mission to start before the end of the 9th moon, and to proceed direct from Shanghae by mail steamer. There is, therefore, no uncertainty whatever [about the rnattferj. The Prince would mention in. addition that the date of the signing of the AgreerHent is the 26th day of the 7th moon ; it is no doubt by a clerical error iri the note under acknowledgment that the day is given as the 25th. The Ministers of the Yam§n are further addressing the British in a simi-official note. Kiiang Hsii, 2nd ybar, 9th modrl, 11th day. Inclosure 3 in No. 16. Semi-oficial Note from the Ministers of the Yamen. (Translation.) . Peking, October 27, 1876. WHE?']' tHei British Minister was at the Yamen yesterday he spoke with reference to the Mission, and inquired at whdt ddte it would evcrittially take its defjarture, arid whether it woiild still be nfecessdry for it to tarry at Shanghae dr Hong Kdhg. The Ministers iriimediately referred to his Excelleticy Kilo for itiforniation on these points. His reply is to the effect that on the 25th instant he spdke to the British Minister on the subject, whetl he stated that it was by no means a settled matter that he would pro^ ceed by w^y of thfe ihlslhd waters ; and when the British Minister mentioned a date beyond which it Would nbt be well for thie Mission to depart, he then and there promised to go forward from Shanghae by mail steamer, and by applying for His Majesty's parting instruc- tions, on the 31st, etiable hitHsfelf to take leave df everybody, and get together his baggage, thus expediting his departure by one or two days. There would be nothing, he stated, to delay him at Tientsin or Hong Kong ; but at Shanghae arrangements about funds, and additions to his outfit, were matters which could not be neglected. He would, not, however, be retarded by any private affairs. He requested that this might be communicated td the British Minister, who might set his mind at rest. The date of departure will certainly not be later than the end of the ninth mooii (15th November). Inclosure 4 in No. 16. Sir T. Wade to the Prince of Rung. Sir, , , , . Peking, October 28, 1876. , I HtAD the honour to receive last evening your Imperial Highness's reply to my notes of the 26th instant, assuring me that the Mission to England would certainly not leave Peking later than the end of the ninth moon (15th November), and that from Shanghae it would go forward by a mail steamer. I shall inform the Earl of Derby, by telegraph, that 1 have received this assurance from your Imperial Highness; and I shall myself ptbceted td Shaiighae on the 4th November, there to await his Lordship's instructions. I notice the clerical error to which yoht Iriiperial Highness draws attention in my note of the 26th instant. The day mentioned, as your Imperial Highness observes, should have been the 26th, hBf thb 25t.H bf tli^ ffiobii. t shall take care that the mistake be not repeated. I renew, &c. (feigiifed) TtibMA^ FkAJJcife wAifE. [678] M 2 82 Inclosure 5 in No. 16. Sir T. Wade to the Ministers of the Tsung-li Yamen. (Semi-official.) Peldng, October 28, 1876. THE Undersigned has the honour to acknowledge, with thanks, the semi-official note addressed him last evening by the Ministers of the Tsung-li Yam^n. As regards the journey of the Mission to England, the Undersigned has nothing to add to what has already been stated, first on the 24th; and again on the 26th instant, to their Excellencies, and to what was written in the note addressed by the Undersigned, on the 26th instant, to the Prince of Kung. The Undersigned will not trouble their Excellencies with a repetition of it. As he has had the honour this day to inform His Imperial Highness, the Undersigned proposes himself to proceed to Shanghae upon the 4th November. This is for the purpose of placing himself in communication with Her Majesty's Government. He will there await the Mission. On its arrival it will be his duty to give notice to the Government of Hong Kong that it is en route, to the end that when it reaches Her Majesty's Colony, on its way to England, it may be received with all proper attention. (Signed) THOMAS FRANCIS WADE. Inclosure 6 in No. 16. Sir T. Wade to the Prince of Kung. Sir, Peking, October S1,.1816. IN continuation of certain correspondence upon the subject of the Mission to England, I have the honour to state that I have this moment received a telegram by way of Kiachta, dated the 17th October, in which the Earl of Derby instructs me to state when it is possible that the Mission may arrive. I conceive it my duty to inform your Imperial Highness of the question asked by Lord Derby. I shall be further obliged if I can be supplied with the names of the Secretaries and other persons who are to accompany their Excellencies Kuo and Liu. I renew, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 7 in No. 16. The Ministers of the Yamen to Sir T. Wade. (Semi-official.) (Translation.) < Peking, October 31, 1876. THE Ministers received yesterday the British Minister's letter, stating that when the Mission arrives at Shanghae he will give notice to the Governor of Hong Kong of its approach, to the end that when it reaches the Colony it may be received with all proper attention. His Excellency Kuo received His Majesty's parting instructions on the 31st October, and will be leaving in a very few days. As the British Minister will be good enough to send notice to the Governor of Hong Kong in order that all attention may be shown to the Mission, the meeting, on His Excellency Kuo's arrival in Hong Kong, will be equally agreeable to His Excellency the Governor and his visitor, and friendly relations will thereby be improved. The Ministers take this opportunity of expressing their thanks ; and, in a separate note, are sending a list of the officials comprising the suite of the Mission. No. 17. Sir T. Wade to the Earl of Derby. — (Received January 19, 1877.) My Lord, Shanghae, November 23, 1876. I HAVE the honour to inclose copy of a note I addressed the Prince of Kung on the 30th October, regarding the issue ot the Proclamation which by the Agreement ol the 1 3th September it was stipulated that the Chinese Government should cause to be posted 83 throughout the Empire. When at the Yamen ou the 29th, I had drawn attention to the fact that it had not yet appeared in Peking. I inclose copy of His Imperial Highness's reply, dated 31st October, assuring me that a Circular had been earlier sent to the provinces on the subject. As 1 rode out of Peking on the 6th instant, I found that some copies had been posted on the walls. There were also some in the villages along the river. These, however, had been in some instances defaced. On arriving here I accordingly wrote once more to the Prince of Kung. This was on the 8th instant. I have since learned that the Proclama- tion is pretty generally posted in the neighbourhood of this city. I have instructed Her Majesty's Consuls in China to report to the Legation on the extent to which the promise of the Government is observed. I have, &c. (Signed) THOMAS FRANCIS WADE. Inclosure 1 in No. 17. Sir T. Wade to the Prince of Kung. Sir, October 30, 1876, I HAVE the honour to recall to your Imperial Highness's recollection your note of the 25th Septeinber. The Proclamation inclosed in it does not appear to have been posted as yet in either of the metropolitan districts. I need scarcely impress upon your Imperial Highness the importance of taking steps to give immediate eflfect to the stipu- lation that this Proclamation should be posted throughout the Empire. I renew ScCm (Signed) ' THOMAS FRANCIS WADE, Inclosure 2 in No. 1 7. The Prince of Kung to Sir T. Wade. (Translation.) Peking, October 31, 1876. THE Prince of Kung' begs to acknowledge the British Minister's note of the 30th October last, having reference to the publication of the Proclamation as stipulated in the Agreement. The Yam^n had already circulated instructions, both in the capital and the provinces, to have the Proclamation printed and posted, and urgent orders are now again being sent calling upon the [responsible authorities] to take immediate steps in the matter. The Proclamation has by this time, doubtless, been printed, both in Peking and the provinces, and its publication in every direction will, of course, immediately take place. Kuang-Ssu, 2nd year, 9th moon, 15th day. Inclosure 3 in No. 17. Sir T. Wade to the Prince of Kung. Sir, Tien-tsin, November 8, 1876. IT became my duty some days ago to draw the attention of the Ministers of the Tsung-li Yamen to the fact that the Proclamation referred to in Article 2 of the first section of the Agreement signed at Chefoo on the 13th September, had not as yet been posted even in the metropolitan districts. Their Excellencies promised that the local authorities should be called on to do their duty in this matter, and I have the honour to state that when, leaving Peking on the 6th instant, I found copies posted in a iew places in the immediate vicinity of the capital and on the road to T'ungchow, also in T'ungchow and along the river. It was at the same lime evident, I regret to say, that of the few copies posted a large proportion had been defaced. I can assure your Imperial Highness that I should be very glad not to have to notice things of the kind, but I should fail in my duty were I to pass them without remark. The circumstances which called for the publication of this paper render it imperative that the Chinese Government should do its utmost to secure the chief object of this Proclamation, the appreciation, that is to say, of the obligation of the people and authorities of China to respect the engagements accepted 84 by the Chipese Government under Treaty, adequately to protect the officials and Subjects of foreign Powers when travelling in the interior of the Empire under passport. I renew, &c. - renew, &c, (Signed) THOMAS FRANCIS WADE. No. 18. Sir T. Wade to the Earl of Derby. — {Received January 19, 1877.) My Lord, tiong Kong, November 28, 1876, ON arriving here 1 received letters frpm India, in one of which His Excellency the Vicepoy informed me of the reinstatement of the authorities of Momein, earlier cashiered for their neglect of duty in the matter of the Yiinnan outrage. I thought it advisable to address the Prince of JKung upon the SUbjgfct ; atid I have the hOtiour to inclose copy of my note to His Imperial Highness. I shall allow myself to add that the Chinese Govern- ment is not, in my opinion, to tje left to suppose that this kind of faithlessness is unnoticed, without danger to friendly relations. I have, &c. (Signed) THOMAS FRANCIS WADE. Inciosure in No. 18. Sir T. Tf'dde to the Prince of Kung. Sir; Hong Kong, November 28, 1876. I HAVE the honour to inform your Imperial Highness, that on my arrival here, I received a communication from the Viceroy of India, inclosing copy of a Report received from the British Resident at Mandfelajr; in Which attention was directed to the fact that the two officials, Wu and Tsiang, who were but a short time since cashiered for their culpability in connection with the Yvin Nati outrage, had beeh reinstated. It may be thought, perhaps, singular that as I declined to allow punishment to be infficled uf)bn arijr of the persons whom the High Commissioner, Li-Han-Ohang,hadreconl- mended should be puhished, I shoiild put forward the reinstatement of the officials above- named ds hiatter of cdmplaint. I do think it at the same time niy duty to observe that their reinstatement will not fail to appear to Her Majesty's Government deserving of some remark; In the MehadHEll of thei Grand SeCretat-y, Li-Hung-Chang, it is Urged that these officers having bfeeh ca^hierfed, punished that is, fot their offencfe of cdntltiiissibn or omission in the Yiiri Nkn b'^^e, no flirthet cbnsiderdtiori of thfeir delint[ueilcy is nefeded. Tet, while the Grand Secretary vvas writing these wbrds, if nbt bfefore he Wrote them, the dfelihquents had not only been reinstated, but one of them had been honoured for service at the recapture of Momein. I am quite aware that. it is the usage in. China to give officers who have been disgraced a chance of rehabilitating themselves ; but where a crime has been committed of so grave a character as to imperil fektiorts with gi fbrfeign Power, and where the Chinese Government has seen fit to connect officers of a certain rank with the commission of that crime, and to sentence them to loss of rank in ctinsfeqUfence, a precipitate remission of the sentence cannot fail to produce a disadvantageous impression upon the Government out- raged by the crime ih question, and, indeed, upon all Governments. This was emiheiitly the case when the bffibials exiled for their action at the time of the Tientsin mElssafcfe were allowed tb return to their hdriies after a brief term of b^tiishment. There may be i;ertain difference betiveen thfe circurhstances of the two cases ; but the principle involved is tbe same. Ih the readiness discovered by thfe GhineSfeGovernriientto condone or forget the crirhinality of officials t-esponslble for itisuU oi- injury offered or donfe to foreigners, the foreign Power aggrifeved cannot avdid disbernitig the presence of thEit ffeeling tb wliich iiisults or injurifes are primaHly due. It gives nib no pleasure to rcjfJeat matter so little agreeablb'to ydur Imperial Highness; but I believe it to bB rtiy duly to say \ifrhat I hkve said. The arrangement effebted by me at Chefbb is as ^ei but im^etf^ctly kiibwn in England. Every ihcideht connected with it ■^{\\ sooner dt later be criticised ; ^nd the tiHfe exblise foi- the ari-angement itsblf, \^hich tb jhanir of my cblintrythbh fill a{)t)ear insuffibifently ito guarantee the fdture, will be, that 85 in observance of its conditions, the Chinese Government is gjving the Government of Her Majesty security against recurrence of acts which it is impossible for China to justify, or for foreign nations to Ipave unatoned for. I should be sincerely gratified if this were to prove tl^e last occasion on which remon- strance in this form had to be addressed to the Chinese Governmenj;. • I renew, &c. (Signed) THOMAS FRANCIS WADE. No. 19. Consul Sir B. Bobertson to Lord Tenterden. — {Received February 6, 1877.) IVfy JL-ord, Canton, j)epember 20, 1876. I HAVE the honour to transinit a copy of a despatcb I Hve addressed to Her Majesty's Charge d'Affairps at j^ekin, with reference to a prpqlapaation issued by tbe Viceroy of these provinces, in regard tq |;he Yjinp^p aflPair. I have, ^c. (Signed) B. ROBERTSON. Inclosure 1 in No. 19. Consul Sir B. Robertson to Mr. Fraser. Sir, December 20, 1876. I HAYE the honour to transmit a translation of a proclamation issued by his Excellency Liii, Viceroy qf these provinces, in accordance With the terms of the' 2nd article of the Chefoo Agreemept of the 13th September last. A proclamation identically the same has been issued by Ghang, the General in command of the Tartars, and both have been conspicuously posted up at tbe gates of the city, aiid thp iigual places wher^ the Government notifications are exhibited. After thp tepse of 9. reasonable time, 1 shall direct an officer of this establishment to pee that thi^ has b.een done at Fatshan and other towps in the province. ; I hg,ve, &c. (Signed) ^ B. ROBERTSON. Inclosure 2 in No. 19. Prqclamation. (Translation.) LIU, a mandarin of the first class. President of the Board of W^r, Assistant Supervi$ing Censor in the Board of Censorate, Viceroy of the Two Kuaqg, Superinten- dent of the provincial revenue, Commander-in-chief pf the provincij^i forces, and a member pf the Order of Patalu, hereby issue^ a proclamation for genep} informa- tion. A despateh has been received from the Tsungli y^rn^n to .the eJBfect : — ^'With regard to foreigners travelling for pleasure in |;hp interior, all China's Treaties enact that, wheriever a foreigner is prqyid^d with a passport couriterseale4 by the Chinese local authorities to enable him to proceed to any sp6t, such passport shall be vis^d en route, and the traveller allowed to proceed to his destin§.tion ; that, should any offfence be committed, the traveller shoul^ be handed to his nearest Consul for punishnaent, on his way to whom he may be held in custody, but not subjecte4 to any ill-usage The Yamfen consider that all local officials should act in strict conformity with the Treaties. In February of last year a British officer of the rank of interpreter named Margary requested and obtained a passport issued from Peking to enable him to proceed to Yunnan. On his return, just as he had arrived on the boundaries of Momein, he was most unfortunately murdered, whereupon an edict was issued, directing Li, the Viceroy of the Two Hu, to proceed to the spot to investigate the matter, and the Yam^n addressed a Memorial to the Throne, in which they quoted the Treaties, and begge(| that orders might be issued on the subject throughout the Empire. 8b On the 20th October, i875, the following Edict was issued : — " The Tsung-li Yamen has memorialized us, quoting our Treaties with various foreign nations, and requesting us to direct that these Treaties be respected throughout the Empire. One of the points has reference to foreigners travelling for pleasure in the interior. All the Treaties lay down that they must apply for and obtain passports, which are to be countersealed by the Chinese authorities. Such passports to be produced to be vised, as may be required, at the places passed through ; the travellers then to be per- mitted to proceed on their journey. Should a breach of law be committed, the Treaties lay down that the offender shall be handed to his nearest Consul to be dealt with, en route to whom, he may be detained in custody, but not subjected to any ill-usage ; that pass- ports are only to be granted to persons of respectability and substance. Theterms of the Treaties are plain and express ; the local authorities can have no difficulty in acting upon their various clauses. Just now a British officer, of the rank of Interpreter, named Margary, has been murdered on the borders within the jurisdiction of Tiinnan. We have accordingly deputed Li Han-chang to proceed to the spot to ascertain who com- mitted the crime. It will hereafter be incumbent on the Viceroys and Grovemors of all the provinces of the Empire to insist on their subordinates making themselves acquainted with the spirit of the Treaties, so that when foreign travellers who are provided with passports come into their jurisdiction, the proper action laid down by Treaty may be strictly followed, so that- the peace between China and foreign nations may not be endangered, and that malpractices may be prevented. Respect this." After the promulgation of the above Edict, in July of this year a further Edict was received, ordering Li, a member of the Grand Secretariat, and Viceroy of Chihli, to proceed to Chefoo, in the province of Shantung, to arrange with Sir Thomas Wade, Her Britannic Majesty's Minister, a settlement of the Margary case. Subsequently, the Viceroy of Chihli, Li, addressed a Memorial to the Throne, wherein he submitted the following observations : — " In July 1874 Her Britannic Majesty's Minister at Peking stated that officers had been sent from India with directions to enter Tiinnan by way of Burmah, and that the Minister had accordingly ordered an Interpreter, named Margary, to meet them ; he, therefore, after consulting with the Tsung-li Yam^n, requested that the usual passport, bearing the Yemen's seal, should be given to Mr. Margary ; and that instructions should be issued to the authorities along the line of country to be traversed, and to the provincials of Yiiiman on the subject. The British Minister stated that Mr. Margary had arrived safely in Burmah, having passed through Yunnan in January 1875, and had met the Indian officials. Colonel Horace Browne and others, at Bhamo. He returned thence to Yunnan, and on the 22nd February, 1875, when at Manwyne, in the jurisdiction of Momein, he was suddenly murdered. On the 23rd February the progress of Colonel Browne and his party was resisted by armed men. "In June the Imperial Commissioner, Viceroy of the Two Hu, Li Han-chang, proceeded to Yunnan to investigate the matter ; a former Under-Secretary of State, the High Official Hsieh Huan, was by Imperial order joined to Li in the Commission, and Sir Thomas Wade attached to it the Honourable Mr. Grosvenor, Second Secretary of Legation, and other persons, who were to proceed to Yunnan to watch proceedings. In April 1876 Li Han-chang and his associates having completed their inquiries, addressed a Memorial to the Throne on the subject, in which they stated that Mr. Margary had been killed because some of the wild border brigands had demanded from him ' black mail,' which bo refused to pay. They accordingly murdered him. The resistance offered to the foUow-traveUers of Mr. Margary was entirely owing to the unauthorized action of a man named Li Ch^n-kuo, formerly a Captain in the army of Nan-tien, but who has, or had, been cashiered. As the matter was one affecting foreign relations, Li Han-chang deprecated an immediate sentence being passed, and prayed the Court to order the Tsung-li Yamen to consult with the Board of Punishments as to the penalty to be inflicted. An Edict issued in compliance with this request was transmitted by the Tsung-li Yamen to Sir Thomas Wade, together with .a copy of the Memorial of Li Han- chang and of the minutes of the proceedings and of various notes. " It may be remarked that as the degraded officer Li ChSn-kuo and the other persons accused confessed their crimes the proof is complete, and consequently, accord- ing to Chinese law, the accused ought to be convicted and sentenced: but Her Majesty's Minister handed in a Memorandum in which he stated that, after a careful consideration of the report of Mr, Grosvenor and his associate officers, he thought that the evidence taken by Li Hang-chang, which criminated Li Chen-kuo and the other accused, though it might be sufficient according to Chinese law to convict and sentence the prisoners ouj would not, according to English ideas of law and justice, be deemed as 87 convincing, and that if the prisoners were convicted and sentenced on such evidence England would not consider that the ends of justice had been met ; more, he believed that such wbuld tend to increase the feeling of distrust. "In this case the persons who had been murdered or obstructed were British officers, and it was therefore considered a most grave offence against international law. Nevertheless, as he preferred security for the future to vengeance for the past, he would request that the persons imprisoned on account of this case should not be punished. " Under these circumstances the Memorialist (Li flung-chang) received an Edict ordering him to proceed to Chefoo to confer with Sir Thomas Wade. " It appears that the laws of China and those of western nations are divergent, and that the modes of procedure are different, and that consequently it was necessary to devise some compromise which may meet the exigences of the situation, and be a satis- factory solution of the difficulty. The Memorialists would therefore submit that, with the exception of Chiang Tsung-han, Commander-in-chief of the Momein forces, and Wu Ohi-hang, Vice-Prefect of Momein, who have already been degraded, and whose sentences need not be further considered, the other offendei:s, namely, the degraded Captain Li Ch^n-kuo, and the eleven Kakhyens, with Erh T'ung-wa, Latu, &c., might have bestowed upon them an imperial grace, not of right nor merit,. but as deigning to accord the request of Her Majesty's Minister that they should not be convicted. This proposal the Memorialist humbly submits for the decision of the Throne. " Further, it must be borne in mind that Mr. Margary was an officer commissioned by a Grovernment on terms of amity with our own ; that a passport was duly issued to him ; consequently his murder, and the armed resistance made to the advance of the British officers associated with him, could not do otherwise than injure the entente cordiale between the two countries, and as the Imperial Court is exceedingly anxious to maintain friendly relations with foreign Powers, it will doubtless deeply regret and deplore the above circumstances (murder of Margary, &c.). The Memorialist would, therefore, beseech that an Edict should be promulgated which would dispel all causes of distrust between Chinese and foreigners. " The Memorialist would further remark that various foreign nations have already entered into Treaties with China, which Treaties both parties ought scrupulously to observe. In October 1875 the T'sung-li Yamen addressed a Memorial to the Throne, quoting the various clauses of the Treaties relative to the application for passports to enable the holder to travel for purposes of pleasure, and to the protection to be afforded them, and requesting that they might be published throughout the Empire in the form of an Edict, so that all officers should act in strict accordance with the spirit of the Treaties. The Memorialist would now beg that Imperial commands should be laid on the provincial anthorities to rigidly obey the Decree of the 8th October, 1875, and again to urge on their subordinates the necessity of forwarding the Emperor's desire of main- taining cordial and friendly relations with foreign States, so that hereafter, when foreigners of various nationalities, holding passports, traversed their jurisdictions,, and circumstances arose rendering the Treaty provisions applicable, the local authorities should treat them as directed by the Treaties, and should give them efficient protection, and that if the local authorities did not carry out their duty in a bond fide manner, and consequently any molestation, murder, or other serious event happened, the provincial officials of the locality should be held responsible. Further, that proclamations be issued in every prefecture and district throughout the Empire, so that all persons may understand the nature of the relations between China and foreign nations, and so that hereafter nothing untoward may occur. " Should the Imperial Court deign to assent to this proposal, the Memorialist would finally suggest that the Tsung-li Tamen should decide on the form of the proclamation to be issued, and should forward copies to the various provinces for the guidance of the local authorities, &c., &c.'' On September 17, 1876, the following Decree was issued : — " Li Hung-chang has memorialised us that, in obedience to our Edict, he proceeded to Chefoo to concert with his Excellency the British Minister measures to be taken with regard to the Yiinnan affair. " The facts of the case are that a British officer of the rank of interpreter was some time ago murdered in Yunnan, on the borders of the jurisdiction of Momein, and that the military and civil officers ifi charge there were incapable of taking sufficient precau' tions to protect him, which- it was undoubtedly their duty to do. By rights, therefore, they should be punished according to tlieir criminality ; but Li Hung-chang states in liis Memorial that the British Minister, his Excellency Sir Thomas Wade, on the groAuid [678] ' N g8 that security for the future is preferable to revenge for the past, has requested that mercy aud pardon may be granted to those implicated in the crime. "We order that this request be complied with, and that, with the exception of Chiang Tsung-han, the military officer in command of the Momein forces, and of "Wu Chi-liang, the civil officer bearing the rank of Superior Magistrate of Momein, who have already been cashiered, and whose sentences are not to be considered, the others implicated, namely. Captain Li Chto-kuo, and the eleven Kakhyens, Erh T'ung-wa, La-tu, &c., who ought by law to be punished, be granted, as an act of grace, a free pardon. " It must, however, be borne in mind that Margary was an officer deputed hy the British Government to proceed by way of Yunnan to Burmah, and that a passport was duly issued for his safe conduct on his voyage and on his return. He ought; therefore, to have been protected ; but suddenly he was murdered, and the officers who accompanied him were forcibly resisted and prevented from prosecuting their journey. Such was directly contrary to [lit. destroyed or lost] the Court's desire of maintaining friendly relations. In future. Viceroys and Governors must pay implicit obedience to the Edict we issued on the 9th October last year, and must straitly enjoin on all their subordinates that hereafter when foreigners of any nationality are travelling in the interior with passports, it is absolutely necessary that they shall be well treated according to Treaty, and that they be properly protected. If, contrary to Treaty, they are ill-used, hurt, or killed, both the higher and lower officials of the province shall be deemed responsible. " We have ordered the Tsung-li Yamen to draw out a Proclamation to be forwarded throughout the Empire, calling on all the Chinese authorities to study the Treaty, so that in future China may maintain peaceful foreign relations ; that in any instance where foreign officials or non-officials may be injured, immediate steps be taken for the arrest of the guilty parties ; that the matter be brought to a conclusion within a fixed date. ^0 remissness nor delay may be allowed in future to lead to such a lamentable case as that of Mr. Margary, which has just now been concluded. " With regard to the regulations under which trade on the borders of Yunnan is to be conducted, when the officer commissioned by the British Government shall have arrived on the spot,, we order that the Viceroy of Yunnan and Kweichow, and the Governor of Yunnan, shall depute an officer of rank and talent to proceed to the borders of the province to concert with the British Commissioner such rules for conducting the trade as the circumstances of the case may render expedient, and to memorialize us as to the action taken. Bespect this." In respectful obedience, to this Decree, the T'sung-li Yam^n forward a copy thereof to the Viceroy. The Viceroy accordingly issues the above Proclamation for the information of the militairy and civilians. Hereafter, if you meet any foreigners holding passports travelhng in the interior, you must act in strict accordance to the Imperial Edicts issued on the guly ect,, and affijrd them ievery protection in order to preserve the entente eordiale and eonform to the Treaties. Do not disobey, and thus avoid repenting when too late. An important Proclamation. No. 20. Mr„ Prdser to the Earl of Derby. — {Received Fihruury 10, 1877.) (Extract.) Peking, December 13, 1876. IT will be well that I should report to your Lordship what progress has hitherto been made towards the fulfilment of the Agreement signed at Chefoo in September last by Sir Thomas Wade and the Grand Secretary Li Hung-chang. In the first place, as I have had the honour to state in my despatch of the 9th instant, the indemnity of 200,000 taels has been paid and lodged in the Oriental Bank at Shanghai. The Tsung-li Yamen' has complied with Sir Thomas Wadie's- requisitions in the matter of Memorial, Imperial Decree, and Proclamations; these last have been posted with a proper conspicuousness in and about the capital and the ports of Tientsin and Chefoo. My information goes no further at present. The mission of apology, under the Ministers Kuo Sung-tao and Liu Si-hung, was to leave Shanghai in the Peninsular and Oriental mail steamer of the 3rd ultimo. Your Lordship will doubtless have received information of its actual sailing from Mr. Medhurst, Her Majesty's Consul at that port. It will, indeed, have arrived in England before this despatch can reach your Lordship's hands. 89 The Tsung-li Yamen has instructed the authorities at the Treaty ports to define the limits of the foreign settlements, in agreement with the several Consuls, in order to give effect to Sir Thomas Wade's stipulations in regard to the prohibition of any levy of li-kin taxation upon foreign goods within their boundaries. The Yamen has also, as it informs me, given notice to the authorities at the ports to be opened to foreign trade, and at the places of call for steamers, that the places under their orders are to be so dealt with. Sir Thomas Wade, before his departure, designated a number of gentlemen for the duty of examining and reportitig upon the new ports, and directed Mr. Baber to hold himself in readiness to proceed to Chungking in Ssu-chuan, to remain there and examine the conditions of Commerce, &c., in the province. A special passport, and a letter to the Taotai of Chungking, have been procured for him. I am to receive the Minister's final instructions, for my own guidance, from Hong Kong, and I shall do my best to cawy out his wishes. No. 21. Mr. Fraser to the Earl of Derby. — (Received February 25, 187*7.) (Extract.) Peking, December 22, 1876, IN my despatch of the 13th instant I had the honour to inform your Lord- ship, in relating what steps had been already taken towards fulfilling the conditions of the Chefoo Agreement, that the Tsung-li Yam^n had been requested to issue a passport for Mr. Baber to proceed to Chung-k'ing in Sichuan, and reside there, and a letter of introduction to the local authorities at that place, engaging them to afford him aid and protection. I have now the honour to inclose a translation of the passport issued by the Yam^n, which is entirely satisfactory in form, and of a letter addressed to the Taotai of Ch'ung-k'ing, the original of which 1 have already transmitted to Mr. Baber for his use. He will be able, I hope, to start at the end of January, at the best season for his journey, and for any attempt to survey the upper part of the Yang-tze river. I have permitted him to take Lieutenant Gill, E.E., with him, under an ordinary passport, as a travelling companion. Inclosure 1 in !N"o. 21. Passport issued to Mr. Baber. (Translation.) THE Yam^n of Foreign Afiairs of the Chinese Empire issues the following passport : — A note has been received from the British Charge d' Affaires, Mr. Fraser, referring to the communication made by the British Minister, Sir Thomas Wade, and the reply sent by the Yamdn, with regard to the British officer, Mr. Baber^ who is about to proceed to Ch'ung-k'ing, to take up his residence there, and stating that Mr. Baber will set Out in the course of next month, most probably, on his way to Ch'ung'k'ing^ vik the Yang-tze, fof which journey it is requested that he may be furnished with a passport to secure his protection. On receipt of the foregoing the present passport is accordingly issued, and having been sent to the Governor of the Metropolitan District to be stamped with his seal, is noW delivered to the British officer, Mr. Baber. The officials of all localities along the line of his journey are hereby requested to afford him due attention and assistance at all places that he may visit, and to grant immediate passage on inspection, hereof without hindrance or obstruction. Passport granted to the British officer, Pei Teh-luh (E. 0. Baber). Dated Kwang Sii, 2nd year, 10th moon. '678] N 8 90 Inclosure 2in JSro..21. ; Despatch addressed hy the Yamen of Foreign Affairs to the Taotai at Ch'ungK'ing, to be delivered to Mr. Baler. (Translation.) December 13, 1876. THE Ministers of the Yam^n received on the Uth instant a note from Mr. Fraser, the British Charg^ d'Affaires at Peking, in which he states that a British official, Mr. Baber, is about to proceed to Ch'ung-k'ing to take up his residence there, and requests the Yam^n to furnish a passport for Mr. Baber, and also a despatch addressed to the superior local authorities at Ch'ung-k'ing, informing them of this, which despatch should be forwarded to Mr. Baber, to be delivered by him to the official addressed. On receipt of the foregoing, in addition to issuing a passport, which has been forwarded to be made use of, the Yam&n now accordingly issues the present instruction to the Taotai at Ch'ung-k'ing. On Mr. Saber's arrival in Szechuen it will be the Taotai's duty to give orders to his subordinates to render such attention and assistance as may from time to time be needful. No. 22. Mr. Fraser to the Earl of Derby. — {Received February 25, 1877.) My Lord, Pelting, December 22, 1876. I HAVE the honour to inclose herewith a translation by Mr. Mayers of the Letter of apology, and at the same time Letter of Credence, wliich the Minister Kuo Sung-tao has been instructed to present to Her Majesty the Queen on behalf of the Emperor of China. The Chinese copy from which this translation was made was communicated to this Legation in a note from the Yamdn, dated the Ilth of October last. I have, &c. (Signed) HUGH FRASER. Inclosure in No. 22. Letter of Apology from the Emperor of China, and Credentials of the Envoy Kuo Sung-tao, on his Mission to Great Britain, dated October 1876. (Translation.) THE Emperor of China salutes the Queen of England and Empress of India. Having become inheritor of the great estate by the mandate of Heaven, and reverently continued the succession to our great estate, we have borne in affectionate remembrance the States in amity with us, and [have desired] to consolidate for ever relations of friend- ship and concord. In the first moon of the first year of the reign Kwang Sii (February 1875), the ofiicial interpreter of your Majesty's Government, Ma Kia-li (Mr. Margary) by name, whilst travelling under passport from Burmah, and on having reached the frontier region of the Province of Yiinnan, was murdered, and his companion, Colonel Browne, was attacked and driven back. We made special appointment of Li Han-chang, Governor-General of the Hu Kwang provinces, to proceed to Ytin Nan for the purpose of instituting inquiry and taking action in conformity with the principles of justice; and we furthermore issued a Decree enjoining upon the Governors-General and Governors of all the provinces that they should give instructions to all local authorities within their jurisdiction, to the eflfect that the provisions of the Treaties must be duly fulfilled with reference to all persons travelling under passport in the places under their authority. Li Han-chang having completed his investigation, memorialized us, requesting that the military officer Li Chto-kwoh and others might be severally punished for their offences. In the month of August last, we further specially appointed Li Hung-chang, a Senior Grand Secretary, Governor- General of the Province of Chihli, of the first class of the Third Order of Nobility, to proceed as High Minister Plenipotentiary to Chefoo, in the Province of Shantung, to act there with your Majesty's Special Envoy Wei Toma (Sir Thomas Wade) in arranging the terms of a settlement of this case. Li Hung-chang has memorialized us, in reply, stating that ypur Majesty's Envoy, Sir Thomas Wade, had 91 expressed the opinion tliat security, toi the future was to be preferred to punishment of the past ; and we issued hereupon a special rescript in reply, according to the request that was made, granting, as an act of grace, remission of the penalties that had been incurred by Li Ch^n-kwoh and the others involved with him, and still further enjoining upon the high authorities of all the provinces implicit obedience to the commands of last year that pro- tection should be afforded in conformity with the Treaty stipulations. We have also commanded the Yam^n of Foreign Affairs to draw up a Proclamation and to forward a copy of the draft to each Provincial Government to be acted upon, to the end that tran- quillity may prevail in the relations between China and foreigners. That Mr. Margary, whilst travelling under passport within the frontier of Yiinnan, should have lamentably been murdered, is a fact which not alone involves the question of of a loss of life, but which also has gone near to disturb our relations of amity and concord. We profoundly regret and lament it. We have now made special appointment of Kwoh Sung-tao an acting Senior Vice-President of the Board of Ceremonies, and one of the Ministers of the Office of Foreign Affairs, as Envoy Extraordinary, to proceed to your Majesty's country to give utterance, on our behalf, to the sentiments we have at heart, as a proof of our genuine desire for amity and concord. . We know Kwoh Sung-tao to be an officer of capacity and experience, of loyalty- and truthfulness, who is in disposition amicable and just, and far-reaching in inteUigence. He has acquired great familiarity in the treatment of affairs between Chinese and foreign Powers, We would ask that. , sincere confidence be reposed in him, to the end that the blessings of friendly concoid may for ever be experienced in the highest degree, and that all alike may enjoy the happiness of, a state of peace.* This, we doubt not, will be greatly to the satisfaction [of your Majesty]* No. 23. Mr. Fraser to the Earl of Derby. — {Received Felruary 25, 1877.) My Lord, ' Peking, December 26, 1876. I HAVE the honour to -transmit, herewith, to your Lordship the copy of a note addressed by Sir Thomas Wade, when at Hong Kong, to the Prince of Kung to remonstrate against the re-employment of Tsiang Tsung Han and Wu Ki-liang, two officials in Momein in Tiinnan, who had been deprived of both rank and office, because they were implicated in the murder of Mr. Margary and attack upon Colonel Browne's party, together with a translation of the Prince of Kung's reply, received within the last few days. The -report that these officials had been reinstated came through the Viceroy of India from the British Resident at Mandalay; and the Prince's explanation of the facts is as follows : — During the progress of the inquiries into the Yunnan affair, and subsequently to the degradation of these two officers, a mutiny broke out among the local miUtia at Momein, and Tsiang Tsung Han and Wu Ki-liang were permitted, in accordance with recognized Chinese usage, to take part in its suppression, with the understanding that when this was effected they were to return to Yiinnan-for trial. In the consequent operations, which involved the capture of two towns, Momein itself and another, Tsiang Tsung Han so distinguished himself that the new Governor-General of Yiinnan had suggested his restoration to his former rank. This suggestion, it had been replied, might be put forward again after the conclusion of the inquiry into Mr. Margary's murder. With regard to Tsiang Tsung Han, the Prince of Kung declares, the matter still remains in that position; whilst of the rehabilitation of Wu Ki-liang there has not been, as yet, any question. I haye, &c. (Signed) HUGH FRASER. Inclosure 1 in No. 23. Sir T. Wade to the Prince of Kung, November 28, 1876. [See Inclosure in No, 18.] M^ 92 Tnclosure 2 in No. 23. ' ' Ihe Prince of Kung to Mr. Fraser. (Translation.) Peking, Decemb&f 19, 1876. THE Prince has to acknowledge the receipt of Mr. Eraser's note of the 15th instant, giving cover to a despatch from Sir T. Wade, in which attention is drawn to statements respecting the late officials of T'^ng-yueh T'ing (Momein), who, according to a Report received through the Viceroy of India from the British Resident at the Court of Mandalay, had heen reinstated in office, &c. The Prince has to state, in reply, that when, subsequently to the issue of a Rescript commanding that the two officials," Tsiang Tsung-han and Wu K'i-liang, should be stripped of their rank, in consequence of the Yiinnan affair, an application was made to the Throne by the Governor-General and Governor of Yiinnan, on the outbreak of disturbances on the part of the train-bands of T'^ng-yueh, with the request that Tsiang Tsung-han and others might be commanded to proceed to the spot and join in the operations about to be undertaken, a Rescript was issued in reply, to the effect tbat Tsiang Tsung-han and Wu K'i-liang being officials awaiting summons to trial, they must be required to return to the provincial capital in readiness for trial so soon as the operations against the insurgents should have reached their conclusion. In a Memorial subsequently received from the newly-appointed Governor- General of Yiinnan and Kweichow Liu, and his colleague (the Provincial Governor), in which the attack upon, and capture of, the cities of Shunning and T'Ing-yueh were reported, together with the destruction of the principal insurgent leaders, and the bestowal of rewards upon the officials who had distinguished themselves on this occasion was solicited, the request was submitted for consideration whether the penalty of deprivation of his rank which had been inflicted upon Tsiang Tsung-han might be remitted. In reply to this Memorial a Rescript was issued, directing that the Imperial commands should be further applied for, with reference to Tsiang Tsung-han, and when the affair of "Ma kia li" (the murder of Mr. Margary) should have been settled. As matters stand at present, no Memorial has as yet been received from the high authorities of Yunnan submitting any application for a reward for his services to Tsiang Tsung-han ; whilst, as regards Wu K'i-liang, there is no request in the Memorial on rewards presented by the high authorities in question for his reinstatement in official rank. It is to be presumed, therefore, that the observations contained in Sir T, Wade's despatch, to the effect that the two officials in question had been honoured for their services even before the time at which the Grand Secretary Li's Memorial was presented to the Throne, was derived by the British Resident in Burma from hearsay alone, and cannot be accepted as a statement founded upon fact. It is the Prince's duty to forward the present reply to Mr. Fraser, and to request that it may be communicated to Sir T. Wade. Kuang Hsii, 2nd year, 1 1th moon, 4th day. No. 24. Mr, Fraser to the Earl of Derby. — (Received February 25, lS77.) My Lord, Peking, December 26, 1876. I HAVE the honour to inclose herewith a copy of a despatch received two days since from Her Majesty's Consulate at Shanghae,'infornniig me that the Proclamation stipulated for by Sir Thomas Wade in the Cheibo Agreement has been properly posted both in the foreign settlement and native town of Shanghae. Mr. jiavenport was shortly to visit the principal towns in the neighbourhood of Shanghae, and Mr. Stronach those near Chin- kiang, to see that it is duly published everywhere. Mr. King, the Acting Consul at Kiukiang, having complained to me that the Procla- mation had appeared at that place printed in characters too small to be clearly legible, as well as posted at a height above the ground calculated to add to the difficulty of deciphering it, I represented the naatter to the Prince of Kung, who has assured me, in reply, that orders shall be sent to the Governor of the province of Kiangsi, to issue the Proclamation in a more satisfactqry manner. I have, &c. (Signed) HUGH FRASER. 93 Inclosure in No. 24, Consul Medhurst to Mr. Fraser. Sir, Shnnghne, December 11, 1876. IN pursuance of Sir T. Wade's Circular, dated 22nd ultimo, I beg to report that the Proclamation stipulated for in the Chefoo Agreement was duly posted in this Settlement and the neighbouring city on the 22nd ultimo. Having heard nothing of the appearance of the Proclamation further inland, I last week determined upon deputing Mr. Vice-Consul Davenport to visit the principal centres of population and trade, in order to ascertain how far the wishes of the Minister had been carried out ; and I gave notice, as instructed, to the Taotai of my intention so to do. The Taotai consented at once to give Mr. Davenport a special passport, but recommended that his visit should be delayed a fortnight, as it had been found impossible to supply the vast number of copies (3,000) required for posting in everv town of the province, and he would not like to occasion unnecessary disappointment. Mr. Stronach reports similarly from Chinkiang ; that the authorities are willing he should visit the surrounding country, but beg for a little tinie to prevent mis- adventure. I have, &c. (Signed) W. H. MEDHURST. No. 25. Mr. Fraser to the Earl of Derby. — {Received February 25, 1877.) My Lord, . Peking, December 27, 1876. BEFORE dispatching the mail, it is right that I should transmit to your Lordship the inclosed copy of a despatch which has reached me this evening from Her Majesty's Consul at Tien-tsin, to inform me that Sir Thomas Wade's Proclamation has been posted throughout one of the northern districts of the Province of Shantung visited by missionaries attached to the English mission establishment at Tien-tsin. The district magistrate of Lao-ling seems to have been particularly courteous to the native agents of these gentlemen in the matter. 1 have, &c. (Signed) HUGH PRASER. Inclosure in No. 25. Consul Mongan to Mr. Fraser. Sir, T^en-tsin, December 20, 1876. I HAVE just ascertained- through the Rev. John Innocent, of the Methodist mission at Tien-tsin, that the Proclamation stipulated for in the Chefoo Agreement has been posted throughout the district of Lao-ling in Shantung, distant about 150' miles from Tien-tsin, and farther, that the Lao-ling Magistrate courteously sent a copy to the native assistant who is in charge of a station belonging to the mission in the same district, to be posted on the chapel wall, or otherwise used as he might deem best. The messenger who brought the letter containing this information reports that he noticed himself that the Proclamation was posted in all the market towns and cities through which he passed on his way to Tien-tsin. I have, &c. (Signed) J. MONGAN. No. 26. Mr> Fraser to the Earl of Derby.'— {Received March 12.) My Lord, Peking, January 10, 1877. r AM glad to be atble to bring to your Lordship's notice an instance of official courtesy towards Great Britain hitherto unprecedented, which seems to show that the 94 Chinese Government has at length become persuaded of the expediency of acknowledging, formally and in its own interior, the right of foreign States to respectful recognition as independent friendly Powers. » c tu I have the honour to inclose herewith a translation of the "Peking Gazette ot the 7th ultimo, together with a Memorandum upon it by Mr. Mayers. It happens to mention a British Consular officer, and in doing so raises the characters expressing his nationality and quality above the level of the text in a manner indicating a high degree of respect. We have so often been compelled to protest, whenever mention of Great Britain or her Representatives has been made in the "Peking Gazette," against the disparaging and uncourteous form in which it has been done, and with intention, that I cannot pass by the first voluntary civility of this nature in silence. I have, &c. (Signed) HUGH FRASER. Inclosure 1 in No. 26. Extract from the " Peking Gazette." (Trg,nslation.) TING PAO-CHEN'G, Governor of Shantung, memoriahzes, reporting that certain Liu Ch'iuans, who had suffered shipwreck, had been taken care of, and forwarded by steamer to the Province of Fukien, to be thence in due course sent back to their native country. Your servant would l.umbly state that he has received a communication from Kung Yi-t'u, Taotai and Superintendent of Customs at Chefoo, stating that on the 22nd of the 9th month (November 7) he had received a note from the British Consul, Mr. Jaraieson, to the following effect : — A British sailing vessel, whilst on her voyage from Swatow to Chefoo, had fallen in at sea with eight persons of yarions ages, natives of Liu Ch'iu, who had met with shipwreck. The vessel took them on board and carried them on to Chefoo, where, under the Consul's instructions, the sailors had provided them with clothes. He now forwarded them to the Taotai to be taken care of, stating, in addition, that the distressed people in question had nothing with them but 17,700 cash of Japanese currency, which he forwarded at the same time with the people themselves. The Taotai forthwith supplied what clothing was requisite, and gave instructions that the people should be handed over to the Magistrate of the district of Fu-Shan, whose investigation elicited the following facts : — The eight distressed people in question, who had long hair twisted into a top-knot, were truly natives of Liu Ch'iu, of whom three were aged fifty years or more, two were aged twenty or more, and three aged ten or more. When questioned as to their place of abode, their names, their business, and the manner in which they came to be shipwrecked, it was found that none of them understood Chinese, nor, when given paper and pencil, could any of them write Chinese characters. There were, therefore, no means of taking their evidence. Moreover, there is no one in the province who understands the Liu Ch'iuan language, and there were, therefore, no means of interpreting. The magistrate forthwith restored to them their Japanese cash in full, and assigned them a place of abode, where they were taken proper care of. Now hitherto, when any natives of Liu-Ch'iu, who have suffered stress of weather, have found their way to Shantung, it has been customary for the local officials to make report and to send them on to Fukien, from thence to be sent back, at a convenient opportunity, to their homes. In the present case the distressed people have no vessel of their own, and if they were to be sent by land to Fukien, the journey would be very long. There is, however, the steamer " Wan-nien-ch'ing," which, at the end of the year, is to return to Fukien for repairs at the arsenal, and the Taotai begs to be instructed whether or not he should hand over the people to the officer in charge, to be sent on to Fukien. Your servant would observe that Liu-ch'iuans who have been shipwrecked ought, according to custom, to be sent to Fukien, to be sent back to their homes at a convenient opportunity ; and, in the present case, as the distressed people in question, who have been saved from shipwreck on the high seas and taken to Chefoo, do none of them understand the Chinese language or character, and as, moreover, there is no one in the province who is acquainted with the Liu-ch'iuan language, there are no means of interpreting or interrogating. The vessel belonging to them, also, has been destroyed and lost ; but an opportunity is now offered by the return of the steamer "Wan-nien-ch'ing" to Fukien, 95 and instructions should be forthwith given to this vessel to convey them to Fukien, where the authorities of the provincial capital can interpret their evidence, and investigate the matter, and send them back to their country when a convenient opportunity shall occur. By this more satisfactory and expeditious process, your servants, looking up, will be able to further the extreme desire of their sacred master to deal tenderly"with men from afar. Your servant has written, in reply, directing the Taotai to take action accordingly, and, moreover, bidding him to show increased care, according to law, to make out a record of the case aud report his expenditure. Your servant has also written to the Board of Rites, and to the Governor-General and Governor of Fukien, for their information. In addition to this he has respectfully prepared this Memorial setting forth the circumstances of the Liu-ch'iuans who were driven by stress of weather to Shantung, where they were taken care of, and were forwarded by steamer to Fukien, to be sent on, at a convenient opportunity, to their country. Prostrate, he beseeches the sacred glance thereon of their Majesties and Empresses and of His Majesty, and that instructions may be issued to him. The Grand Council have received the following prescript : It is noted. Inclosure 2 in No. 26. Memorandum on a recent Mention of the British Government in the " Peking Gazette." Peking, January 9, 1877. The " Peking Gazette " of the 7th instant contains a Memorial from the Governor of the Province of Shantung, reporting, according to regula.tion, the steps taken in forwarding to Foochow for shipment to their native country certain distressed Liu-ch'iuans, who had been picked up at sea. The peculiarity which makes this Memorial worthy of note is that it quotes a letter addressed by the Acting British Consul at Chefoo, through whose hands the distrtessed Liu-ch'iuans passed, to the Taotai at that port, and that the Chinese characters signifying " Consul of the British Government" are elevated, with an almost uncalled-for degree of typographical respect, to the head of the vertical column. This is the first occasion on which, in the printed Official Gazette, any such regard for international courtesy has been shown in documents printed otherwise than at the instance of the British Minister. It is symptomatic of instructions requiring a more general attention than has heretofore been given to this particular. (Signed) W. F. MAYERS, CAwese Secretary. No. 27. Mr. Fraser to the Earl of Derby.— (Received March 12.) My Lordj Peking, January 10, 1877. IT has been the custom hitherto for the Ministers of the Tsungli Yam^ri only to pay visits of compliment to the foreign Representatives at the new year. Last year, for the first time, when these visits were returned at the Chinese new year, a number of Presidents and Vice-Presidents of different departments of the Government were brought together to meet the foreign Ministers at the Yam6n unexpectedly, and without any warnings and these officials afterwards exchanged visits with the foreigners, contenting themselves for the most part with leaving cards at the gates of the several Legations. This year, however, they have taken a slight step in advance. Three parties of Chinese high officials have visited each of the foreign Legations in turn, on three successive days, the 8th, 9th, and 10th, to offer their new year's congratulations. I add a list of their names and offices. On the 8th of January came — The Prince of Kung ; the Grand Secretary Pao-yiin ; the Minister Mao-Chang-hsi ; P^ng Kiu-yii, second Vice-President of the Board of Civil Office ; Tsai-ling, Senior President, Board of Revenue ; Yung-luh, first Vice-President and Lieutenant-General of Gendarmerie ; Yin Chao-yung, second Vice-President ; Ch'ing Sh^ng, third Vice-President ; W^ng Tung-ho, fourth Vice-President. On the 9th — Sh^n Kuei-f6n, Tung Siin, Hia Kia-hao, .Ministers of the Tsungli Yam^ri ; Kwang Shou, President of the Board of War ; Ling Kuei,' Wan Ts'ing-li, Presidents of the Board of Ceremonies; Sang Ch'en-yung, Tsao-pao, Presidents of the Board of Punishments ; Hia T'ung shen, U-la-hi-tsung-a, Vice-Presidents of the Board of [678 1 O 96 War ; Mien-yi. Ts 'vian-king, Vice-Presidents of the Bpard of Ceremonies ; Tuan Hq-' hing, Shao Chi, Lin-Shu, Ts'ien Pao-hen, Vice-Presidents of the Board of Punishments ; T'ung-hua, Ch'ang-sii, Vice-Presidents of the Censorate. On the 10th— Li-hung Tsao, King-Uen/ Ch'^ng-lin, Ministers of the Yam^n; Ku'e^ Ung, President of the Board of Works; Ho-shou-tsze, President of the Censorate; I-ch6n, Vice-President of the Board of Works ; Kuei-jun, T'ang Yen-sh^n, Vice-Presi- dents of 'the Censorate; Kuei-tsuan/ Vice-President of the Mongolian Superintendency. The visits will be returned at the Chinese new year, when all the officials will again be assembled to meet the foreign Representatives at the Tsungli Yam^n. I have, &c. (Signed) HUGH FRASER. Ko. 28. Mr. Fraser to the Earl of Derby. — (Received March 26.) My Lord, Peking, January 23* 1877. EACH mail that has arrived from the south, since the date of the last despatches (26th and 28th December, 1876), in which I forwarded to your Lordship news of the publication in different parts of China of the Proclamation issued in fulfilment of the Chefoo Agreement, has brought me accounts from the more distant Consulates of what the authorities of their districts have done in the matter. Mr. Hughes, Her Majesty's Consul at Hankow, informs me that there has been some delay and hesita- tion in issuing the Proclamation at Hankow, and it was not until after he had remon- strated officially upon the subject that a few copies, very widely scattered, were posted in the three divisions of the town — ^Hankow, Hanyang, and Wuch'ang, and a few additional copies given to him for the use of certain English missionaries. The two provinces of which Hankow is the centre, Hupeh and Hunan, are very national and anti-foreign in feeling ; inflammatory papers denouncing the Chefoo Agreement, and protesting against any intrusion of the barbarians, have been actively circulated amongst the graduates of Hunan, a province with a very narrow line of frontier upon the Yang-tze, which has pot yet heen threatened with any such intrusion. Kuo ISung-tao, the Emperor's Envoy to England, is a native of Hunan, and much indignation is said to have been expressed hy the gentry there at his having accepted the Mission. At Shangbae, Mr. Medhurst had sent his Vice-Consul, Mr. Davenport, upon a visit to the towns adjoining to report upon the posting of the Proclamation. Mr. Davenport had returned to report that he had found it properly posted in pubKc places inside and around the cities of Changchow, Soochow, Ta-tsang, Wusieh, and Kuensan. About twenty copies had been sent to each magistrate, and the greater part were perfectly intact, having been posted on wooden boards, which were taken down, and carried within doors every evening. From Mngpo I am informed that the Proclamation has been properly pubhshed, both at Mngpo itself at the town of Shao-hsing. Mr. Warren, an Assistant acting as Inter- preter there, had been sent on a visit through the southern part of the province of Chekiang, but had not yet returned. At Foochow, Mr. Pedder has been informed by Ting Futai that the Proclamation would be generally published throughout the province of Fuhkien by the end of December. At Amoy and Swatow, which are not capitals of provinces, the Proclamation has not yet appeared. At Canton, on the contrary, two Proclamations, identical in terms, have been issued and posted at the gates of the city and the usual pkces of publication for Government notifications. Sir D. B. Robertson will, after the lapse of a reasonable time, direct an officer of his Consulate to see that this has been done elsewhere within the province. J have, &c. (Signed) HUGH FRASER. No. 29. Mr. Fraser to the Earl of Derby. — {Received April 21.) My Lord, Peking,, Februdrf 16, 1877. I HAVE the honour to transmit herewith the copy of a report of a journey which Mn Warren, who is acting aa interpreter to the Ningpo Consulate, haa made, by the 97 direction of Mr. Cooper, the Acting Consul at that port, for the purpose of observing whether the Proclamations issued in pursuance of the Chefoo Agreement had been properly posted in the interior of the Province of Chekiang, one of the richest and most beautiful districts of China. Mr. Warren seems to have travelled over no less a distance than 900 miles in the six weeka occupied by his journey. He has gained a great deal of valuable information about the country through which he passed and the towns which he visited, and has set it down in a clear and concise form. His account of W^nchou, one of the ports to be opened this spring, is especially ititeresting at this moment, and his remarks upon the choice of a site for a British Settlement there well deserve attention. Mr. Warren's journey may fairly be considered to have been performed to very good purpose, and I am glad to be able to bring it to your Lordship's notice. I have, &c. (Signed) HUGH FRASER. Inclosure 1 in No. 29. Mr. Warren to Mr. Cooper. Sir, Ningpo, January 20, 1877. IN obedience to the instructions contained in your despatch of the 8th December last, directing me to visit the six southern Prefectures of the Ohikiang Province, in order to ascertain whether the Proclamation issued by the Governor of the province on the 13th November, rfeMting to the Yiinnan difficulties, had been duly posted, I left Ningpo on the 12th iiltimo with the intention of proceeding by the high road of the province to Wfin^chow, and thence to Ch'u-chou-fu, Chin-kua-fu, Chin-ehow^fu, and Yen-chow-fu, returning to Ningpo by the way of Hang-chow and Shao-king. At noon on the iSth, I reached the district city of Feng-hua, distant by river from Ningpo about 110 li, or 33 miles, and ascertained that the Proclamation had been duly posted throughout the city and district on or about the 3rd of the same motith. I Fetig-hUa is a ^mall walled city situated in the Ningpo Prefecture. The popula- tion is about 75,000 ; it is a market town, but not a very stirring place ; a small quantity of piece goods is obtained from Ningpo for the supply of the town and surrounding country, and this, with a little opium, seems to be the only foreign import in demand. Leaving Feng-hua on the 14th, I proceeded by land, the water communication ceasing there, and about three miles from Feng-hua, passed through a village called Shang-tien-fan, on the main southern road, where I found that a copy of the Proclamation had been posted on the previous day, as also at Fang-men, another village a little further on. Towards evening I crossed a small mountain pass, or " ling," which divides the Ningpo aild Tai^chow Prefectures, and arrived at Si-tien, a fair-sized village, where the day's journey terminated. The way so far led through a fertile valley, with hills on either Sidtl, which in some parts are terraced and planted, the principal crops being wheat and rice. On the following day the road passed round the head of Nimrod Sound, thence thrbtigh a loilg and narrow valley actoss another pass into the Ninghai plain. In this plain, ^hich is extremely fertile, a large quantity of poppy is grown, but at the present season the poppy crop has been gathered in, and the ground is sown with wheat. I reached Ninghai the same evening, and sent to announce my arrival to the Chih-hsien, but found that he was not in the city, having been called away on account of some trouble at a salt barrier a few miles from the town. I found that the Pro- clamation had been posted in various places in the city and district, for which vide list attaehedi Ninghai is a city of about 70,000 inhabitants. The chief trade is paper, of which large quantities are sent to Mngpo for export. Opium smoking is very prevalent; it iS caleulated that at least 30 per cent, of the entire population are habitual smokers. Poppy is grown on about one*third of the entire cultivated ground of the district. A " mow " of land yields an annual return of about 25 dollars, rather more than double the yield of a good crop of wheat. Nearly the whole quantity of opium produeed is consumed on the spot, a very little being sent to Ningpo. Indian opium is almost unknown, only the wealthy, who are ffew in number, being able to ^flFbrd it. [678] O 2 98 On Saturday, the 16th, I left ISTingliai, and shortly afterwards passed through Heng- tu, a large village, where I found that the Proclamation had been posted on the 15th. Some fourteen miles from JlsTinghai I left the main roadj and branched off towards the T'ien-t'ai district. The way leads through fertile valleys, varied by an occasional climb over long and steep mountain passes, the hills getting gradually higher as we neared T'ien-t'ai. We stopped for the night at the top of the pass over the range which marks the boundary of the Ninghai and T'ien-t'ai districts, about twenty miles from the district cities of either. On the l7th I proceeded through a succession of mountain gorges and over high passes to T'ien-t'ai, where I arrived the same evening. The hills in this part of the country are either thickly wooded, chiefly with pine, or terraced and cultivated to the summits. On the road I passed through one village only of any size, Fei-shu by name, and here the Proclamation was not posted, the reason assigned was that it is off the main road. On entering T'ien-t'ai by the east gate, I observed that the copy of the Proclamation whioh had been posted there was already half destroyed, seemingly by the weather. I called the attention of the Magistrate to the state in which it was, and inquired what steps he proposed taking to ensure the preservation and the constant posting of the Procla- mation during the term stipulated for by the Chefoo Convention. He informed me that instructions had been; received from Hangchow that the Proclamation was to be pasted on boards and varnished ; that one copy was to be preserved in the archives, in order that fresh copies might be taken from time to time as required to supply the places of those worn out or destroyed ; also, that as the present size of the Proclamation is inconveniently large for small villages, where there is sometimes diflSculty in finding a fit wall on which to post it, smaller copies were to be made for this purpose, the large ones being reserved for places of more importance. I may here remark that these are the orders received and the steps that have been taken in all the districts that I have visited. The city of T'ien-t'ai is distant from Ningpo about 120 miles. It is situated on the banks of the river, at this point a little more than a mountain stream, which, after a south-east course of some 80 miles, flows into the sea close to Haimen. The district is a poor one, being entirely amongst the hills, which, although they are cultivated, produce little more than is required for the necessities of the district itself; the only products not consumed on the spot are vegetable tallow and a small quantity of green tea and indigo, which find a market at Ningpo and other large towns of the province. This vegetable tallow is largely produced both in the Ninghai and T'ien-t'ai districts ; the quantity obtained annually from one three is said to be on an average equal in value to 1,000 cash, or very nearly 1 dollar, and the tallow produced is worth about 15 dollars per picul. Three miles- south of the city arfe some extensive stone quarries, from which is obtained a very fine sort of limestone, superior in quality to that found in the neigh- bourhood of Eingpo. Owing, however, to the difficulty of transport, this stone is only used within a radius of fifteen miles from the spot where it is quarried ; most of the houses in the town are partially built of it, as it is cheaper than either brick or timber. I saw some slabs 10 feet square and 4 inches thick, the cost of which would be about 1 000 cash apiece. A large quantity of iron-dust is found amongst the sand brought down by the mountain streams. This dust, after having been separated from the sand by washing, is melted down into pigs and slabs and sent to the iron foundries at Ninghai, Ningpoj and Chin-hua : the iron thus produced is said to be of very fair quality. The population of T'ien-t'ai is about 80,000, of whom 40 per cent, are confirmed opium smokers. Here, again, Indian opium is very little used, and, as the poppy does not seem to flourish in the hill soil, the supply of drug is obtained from the Tai-chow district. The country people are a turbulent and determined race, and are constantly giving trouble ; they did good service, however, during the Taiping rebellion. When the rebels advanced against the town they threw themselves into it and defended it with such determination that the Tai-pings never succeeded in effecting an entrance, and T'ien-t'ai has the honour of being one amongst the few cities in this part of' the country that escaped capture and semi-destruction. Some distance east of the town is a famous Buddhist monastery much frequented by pilgrims. The monastery is built on a high hill known as the Tlen-t'ai Shan, and is supposed to have been founded about a.d. 300. Some curious old Sanscrit manuscripts written on palm leaves, originally brought from India, are kept here, but it is difficult to 99 obtain a sight of them. The place swarms with priests, who have a good deal of power and influence. Amongst other privileges they are allowed to take a spoonful from every basket of salt passing through the town, or they may demand a cash instead. Monday \8th. — ^I left T'ien-t'ai and proceeded down the stream towards T'ai-chow-fu. Owing to the lowness of the water and the number of rapids, progress was very slow, and I did not reach T'ai-chow until late the following evening, the distance traversed being forty miles. There appeared to be very little traffic on the river, only a few boats going up with tallow and grain destined for Hang-chow, one of the main roads to which city passes near T'ien-t'ai. At Tai-chow-fu I called upon the Prefect and Hsien, and ascertained that the Pro- clamation was properly posted, and that the orders received from Hang-chow as to its preservation, &c., had been duly acted upon. In the course of conversation the Prefect expressed his astonishment at there being any doubt as to the willingness of the Chinese authorities to post the Proclamation, assuring me that, in his opinion, the questions in dispute had been so admirably settled by Sir T. Wade and Li Hung-chang that he was only too delighted to give all publicity to the arrangement come to. Tai-chow is on the left bank of the river, and the natural advantages of position make it apparently a very strong city. Notwithstanding this, the rebels succeeded in capturing it, and although they were unable to hold it for more than a few days, the town still shows traces of their presence in it. The population is estimated at 120,000, and this being the very heart of the poppy-growing country, the average number of smokers is said to be very great, as high as 50 per cent. Attempted suicide by opium- eating is very common ; during the past year ninety cases have been treated, in most instances successfully, by members of the China Inland Mission stationed here. Junks drawing six to seven feet of water can get up as high as the city, but there is no trade of importance ; some tea and iron-dust, as at T'ien-t'ai ; indeed, the hills throughout this part of the province appear to be rich in iron-dust ; no attempt at mining has ever been made. I left Tai-chow on the 20th, and dropped down the river with the ebb tide for a distance of thirty miles, and then turned into a branch which flows to the southward. Proceeding along this branch about ten miles I reached Hua^g-yen at noon on the 21st, Huang- yen is a place of some little importance, has a population of about 90,000, and is the market town for the surrounding country. The river is navigable up to and beyond the town for junks of a very fair size, and is tidal as far as Chiao-chi, a large market town about twenty-five miles above Huang-yen. The Chih-hsien insisted upon calling on me, which was somewhat inconvenient, as my boat was a small one. He explained that the Proclamations had not yet been posted in his district because the copies of it had only been received two days previously, that the boards were in course of preparation, and the Proclamation would be posted as soon as these were ready. On leaving Huang-yen, I had intended to have visited Hai-men, the military station at the mouth of the Tai-chow river, but was prevented by the state of the tide, unless by incurring a delay of two days at least. I therefore proceeded by canal towards the Tai-ping district, and about ten miles from Huang-yen passed through Lu-chiao, a market town of very considerable importance, the centre of trade in fact of this part of the district. The chief exports are oranges, bamboo-shoots, and some green tea. Con- siderable quantities of piece goods are obtained from Ningpo for the supply of the surrounding country. At daylight on the 22nd I reached Tai-p'ing-hsien, a small but thickly-populated town, having good water communication with Huang-yen, Lu-chiao, Hai-men, and W^n- chow. The trade is not great. Piece goods are obtained overland from Ningpo, the carriage of which is 20 cash per catty, whilst the carriage from Wfin-chow is about 6 cash; the dealers are anxiously awaiting the opening of the port that they may obtain their supplies from thence. The poppy is very largely cultivated in the T'ai-p'ing district, and 40 per cent, of the population are habitual smokers ; very little Indian opium is imported. A good deal of tea, said to be of superior quality, is sent to l^ingpo and Su-chau. I found that the Proclamation was properly posted both in the city and that part of the district which I passed through. From T'ai-p'ing 1 walked over the hills to Chiang-hsia, where I hired a fishing-boat and started across the Wen-chow Bay up the Eiver Ou to Wen-chow, arriving there at noon on the 23rd. The same afternoon I called on the Taotai, Prefect, and Chih-hsien, who returned my visit the following day. I found that the Proclamation was posted at all the Tamens, and generally throughout the city. I was informed by Mr. Stott, a 100 British missionary, who has been for some years resident at Wen-chow, that, for many months previous to the settlement of affairs at Chefoo, very strong feeling had bee^ manifested against foreigners at Wen-phow; hut that, since the publishing of the Convention, and more especially since the posting of the Proclamation, he has observed a marked difference in the behaviour of the people, and he is now able to go about his work both in the city and surrounding country without being in any way molested or inssulted, rt i? • The officials seemed touch pleased at the proposed opening of the pott to foreign trade, and appeared anxious that there should be as little delay as possible, otherwise they feared ft would be too late to settle any contracts for the coming tea season. Wen-chow, situated on the right bank of the Eiver Ou, twenty miles from the mouth, is a fine city, with good broad streets, well paved and drained, and is intersected tHth a perfect network of canals, Which tends greatly to facilitate traffic. The shops are ^oOd, and the people appear very flourishing, Population about 400,000. The river can be entered at all times of the tide, and is navigable for vessels of heayy draught as far as Chuang-yuen-chiao, ten miles below the city, where there is good anchorage. With twenty to thirty feet of water at low tide, and a rise and fall of about twelve feet. Beyond this the river is not navigable for vessels of any size, being full of sandbanks, the water very fehijaj, and silqh channels as exist being too narrow to be available for large vessels even at high water. Ohuang-yuen-chiao is beyond aU comparison the most suitable spot for a foreign Settlement ; it has but one drawback, its distance from the city. There is a large extent of ground stretching back from the right bank of the river for a considerable distance. This land, at present under cultivation, has very few buildings upon it, and could doubtless be obtained at a reasonable price. The com- munication with the town is excellent; with a fair tide, the distance, ten miles by river, can be accomplished in less than two hours, there is further a good road along the bank, and behind this a very broad canal which leads from the anchorage right into the city. The canal iS at Some places separated from the river by a distance of Some 60 or 70 feet only, so that in the event of drought it could easily be replenished by means of a sluice or a simple trench. Though the inconvenience of having a Settlement so far from the city is doubtless great, still it is considerably lessened by these facilities of transport. On the other hand, the officials and merchants of Wen-chow are extremely anxious that the future settlement should be established a short distance outside the east gate of the city, and it is rumoured that, taking it for granted that this will be the spot selected, the Taotai, in conjunction with One of the chief merchants of the place, has already bought Up a Considerable portion of the available building land in theliOpe of making a profit by the sale of it to foreigners. The sole advantage of this site is its proximity to the city and to the official yamens and mercantile hongs « beyond this there is little to be said iii favour of it. The ground is low, and there is no possibility of anything larger than a cargo-boat being able to come so far up the river, for though at high tides there are fifteen feet of water in the Channel which runs along the front of the proposed site, at low water there are barely three feel. The grOtihd is all under cultivation, scarcely built Upon in any part, and could in all probability be obtained Without difficulty, especially as the Chinese officials have a direct interest in it. It is confidently anticipated by the Wen-chow merchants that on the opening of the port a Very considerable trade will be eStabUshed. From the Peh-ling district in Fukien about 200,000 piculs of tea are yearly Carried overland ten days' journey to FooehoW. Wen-chow being only three days from the district in which this tea is produced, it is evident that the difference in cost of transport will enable the tea to be laid down there at a less cost than at Foochow, and it may reasonably be supposed that in future it will be brought to Wen-chow. About 100,000 piculs of tea are annually produced in the Ping-yang district and a considerable amount of green tea is grown in the T'ai-thoW Prefecture, all of which, it is expected, will now find a market at Wen-chow instead of as formerly at !SringpO. The export of timber, principally pine, as at Foochow, is very large, the yearly value Of the trade being about 2,000,000 dollars. Alum mines are worked in the Ping-yang district, and are said to yield an inexhaustible supply. In the Southern portion of the Wett-Chow Prefecture are sotne rather extensive JrdH inine^j &bm which ifott 6¥ tery good quality is obtained. m Large quantities of oranges are exported, chiefly to Tien-tsin and the north. Throughout the whole of the Tai-chow and Wen-chow Prefecture the poppy is largely grown and opium generally smoked. These two districts supply all the southern part of the province with drug known as tai-chiang, and the demand tor Indian opium throughout this region is very small. The native drug is sold at 1 dollar per 4 ounces^ or about 250 dollars per pioul. There is at the present time a considerable trade in piece goods at Wen^-chow, and the demand is said to be increasing. Supplies are obtained overland from Ningpo, and the annual value of the trade is estimated at 1,000,000 dollars. Raw silk is obtained from the north of the province and manufactured at Wen-chow both for local consumption and for exportation. Paper forms also an important item in the export trade. South of Wen-chow are two large and important tOWns^ Ping-yang^ Jui*-an } these towns I was prevented visitiiig by want of time, but I ascertained .that the Proclamation had been duly posted there. On Wednesday, Decembel' 27, 1 left Wen-chow and proceeded up the river, arriving the same eveniQg at Heng-chi, a distance of thirty miles from Wen-chow, where the river ceases to be tidal, and the rapida (iotnmence. The following day I reached the small town of Ohing-ti(?n, where I found the Proclamation had been posted. Ching^tien is an unimportant town, with little at no trade ; it suffered considerably from the floods caused by the rising of the river during the summer monthf. Larger rafts of timber on their way to Wen-ichow were coming down streanij m.^- boats loaded with salt, lime, &Ci^ going Tip, but the traffic is on the whole but slight. On the 30th I arrived at Ch'u-chow-fu, a small prefectural city, distant ninety miles • from Wen-chow ; the Prefect and Ohih-hsien were away, but I found all satisfactory as regards the Proclamation. December 31. — I started overland for Ghiti-htia-foo, a distance of 100 miles. The road Hes over a high range of hills, and through rather a poor country ; indeed, this hill country is the poorest part of the province, and is very thinly populated. On the way to Chin-hua, I passed through the towns Of Tsiil*yun and Tuiig-kang. !Neither of them are places of any importance. The. rQad ;a tUe gveM highway to the provincial capitals and I foimd the Proclamation posted at every village and resting-place about it. On the evening of January 4 I found myself at Chin-hua, and, after interchanging visits with the officials, proceeded the foUwipg dfiy to Lan^chi^ there being nothing in Chin-hua to induce a longer stay ; it is a wretchedly poor place, and the district produces little except a small quantity of green tea and some indigo. January 5. -^Arrived at Lan^chi, the largest and tti&s# importatit town in this ^iiirict. The towtt is situated at the junction of the Chi6n-tl*hg (the Haiig^choW Kivel?) aftd thd Chlfl-chow Eiver, and is the distributing^ mart fOF the Whole suriwiildin^ country. Meee' goods, opium,, &c., intended for the supply of the Chin-hua, Ohti-ehdWj atid Yeil'§hd# ^effeotilres, are in the first instEtuee brought down to Lati-ehi from Hilig^Oi The population is calculated at about 300,000> but, as the boat population is tery latge^ it ia difficult to estiraate it with any certainty. January 6. — I started up the Chin-chow Eiver. The country which the rive? i*ttM through is apparently a dead level, but actually there is a gradtifll rise, &ind the number of rapids in the stream cause great delay and difficuMy ; at some of the iapids wg #erfe detained two hours or more, wajiting for other boats to pass up or down. On the Wftj^ I called! at the small Hsien city of Lttftg>^yu> ^0 iidles horn LattNjh'ij and on th0 7th arrived at Chin*ehow-ftt. Chin-chow-fu is a siHaaBj but thickly populated town. The Taotai of the Chin-hua, Chin-eiaow, and Ten-chow Citc-uil fires here, instead of, as formerly, at Chin-hua. There is little or no trade ;. indeed;^ all this part of the country appears to have suffered so severely from the rebels, that it has not yet recovered ; scarcely a town but stiU shows traces of their presence in it; whole streets destroyed and never rebuilt, and those remaining but semi-populated. Mi-. Douthwaite, of the China Inland Mission, has a station at Chin-chow, and I was informed by this gentleman that since the posting of the Yiinnan Proclamatiion h* has observed a very marked improvement in the bearing of the people towards himseU' and the members of his church. In the neighbouring district, Chiang-shan, there are extensive coal milesj whieh supply Hang-chow, Shao-hing, and Ningpo, but the coal is of an inferior quality possibly merely surfeafe coal, and burns very rapidly. I called on the Taotai, Prefect, and Chih-hsien, and ascertained that the Yunnan Proclamation was posted throughout 102 the circuit ; and then having hired a boat to take me right through to Hang-chow, a distance of 210 miles, I left Chin-chow on the evening of Monday the 8th, proceeded down the river back to Lan-chi, where I arrived late on the evening of the 10th. On the 11th I started down the Hang-chou Eiver, and reached Yen-chow-foo late on the 12th. Yen-chow is, like the prefectural towns of Ohin-hua and Ohin-chow, a poor half- ruined place, of little importance ; it is situated on the right bank, some little distance back. The official yamens are nearly three miles from the river. The Chih-hsien placed a chair at my disposal, in case I wished to visit the city, and the Prefect offered to meet me at the gate ; but it was so late that I contented myself with ascertaining that the Proclamation was posted, and then pushed on. Passed the small unwalled city of Tung-lu on the 13th ; the town of Fu-yang on the 14th ; and reached Hang-chow late on the night of the 15th. Here I learnt from the Rev. A. E. Moule that the Proclamation had been properly posted in Hang-chow and the neighbourhood. On the 16th I started for Hang-chow ; passed Shao-hing the following morning, and arrived at Mngpo on the evening of the 18th, after an absence of thirty-seven days, during which time I travelled close upon 900 miles, and found that wherever I went the Yunnan Proclamation had been carefully posted in all towns, large villages, and public thoroughfares ; and that proper measures had in most cases been adopted to ensure the preservation, or, failing that, the renewal of the Proclamation during the two years stipulated for by the Chefoo Convention. I must not conclude my Eeport without making mention of the great kindness and assistance afforded me by the various members of the China Inland Mission, stationed at the different places visited by me in the course of my tour. I have, &c. (Signed) P. L. WARREN. Inclosure 2 in No. 29. Map of the Province of Chehkiang. No. 30. Mr. Fraser to the Earl of Derby. — {Received April 21.) My Lord, Peking, February 17, 1877. BESIDES the information which Mr. "Warren's report, inclosed in my despatch of yesterday's date, conveys as to the posting of the Chefoo Proclamation throughout China, the last mail brought me news that it had at length reached the ports of Amoy and Swatow, and had been exhibited there. Mr. Alabaster, the Consul at Amoy, had detached his interpreter, Mr. Phillips, upon a tour of inspection through the southern portion of the Province of Fuhkien, and Mr. Forrest, the Acting Consul at Swatow, had projected a similar visit to Chao- chow Fu. The Proclamation has also been seen at various places in Manchuria, at Moukden, at Kirin, at llfewchwang itself, and at several smaller places in the vicinity of that port. Its publication has thus been reported to me from all the ports upon the mainland. No news on the subject can be expected as yet from the Island of Formosa. I have, &c. (Signed) HUGH FRASER. No. 31. Mr. Fraser to the Earl of Derby. — {Received May 7.) My Lord, Peking, March 6, 1877;, I HAVE the honour to transmit herewith to your Lordship a letter from respecting affairs in i iinnan. Your Lordship will observe that announces the posting in the Province of Kweichow of the Proclamation issued under the Chefoo jAgreemeat. I have, &c. (Signed) HUGH FRASER. (/soo. 8/77 wajtro 673 J Harrison 'x S>.iie Lith 3' MaiUiis I, Hue W 103 Inclosure in No. 31. to Sir T. Wade. Sir, November 30, 1877. SINCE I last wrote to your Excellency some official despatches have arrived from the capital, containing the terms of the arrangement of the Tiinnan difficulty, and I have been told that blocks are being prepared to print a number of copies for circulation throughout this province. The local issue of the "Peking Gazette" has not yet appeared, that is, for the seventh and eighth months, but copies of the "Gazette" itself have been received here by several parties, and I have circulated several copies of' the " Shun-Pao " amongst my friends, who all appear to be satisfied with the terms of your Excellency's Convention. The Sze-chuan people appear delighted at the prospects of having steamers come up to Chung-king, but the Yiinnan people do not appear to relish the idea of having an English Consul, or Superintendent of Trade, in Tiinnan, although the case may be different with the trading community of that province ; however, it is difficult to judge without being on the spot. Although I receive visits from Yunnan men nearly every day, not one of them has ever said a word about the affair. No. 32. Mr. Fraser to the Earl of Derby. —{Received May 7.) (Extract.) Peking, March 12, 1877. ALTHOUGH the accounts I have received of the posting of the proclamation stipulated for in the Chefoo Agreement have shown, in general, that the provincial authorities have obeyed the instructions of the Central Government with a fair promptitude and fidelity, one exception to the general rule has, I regret to say, been found. I had the honour to inform your Lordship, in my despatch of the 23rd of January last, that the literary graduates of Hu-nan had made a rather vehement demonstration against the Grand Secretary Li's concessions to Great Britain in the matter of Mr. Margary's murder. The next news received from that province was contained in a newspaper paragraph, noticing the visit of two English missionaries to the city of Tochow-fu in January last. They were not permitted to enter the city, and were informed, at the same time, by an official who visited them, that the Chefoo Proclama- tion had not appeared in that district. It will be necessary, in the course of time, to send Consular Officers to Tochow and other places in Hu-nan to see whether the conditions of the Chefoo Agreement have been observed or not ; and it is by no means to be desired that they should meet with a similar reception. I thought it best, therefore, to call the notice of the Chinese Ministers to this report, and request that the provincial Government might be urged to bestir itself in the matter; and they have consented to do this, as the inclosed correspondence wiU show. I have, &c. (Signed) HUGH FRASER. Inclosure 1 in No. 32. Mr. Fraser to the Prince of Kung. Sir, Peking, March 7, 1877. THE reports which I have received from Her Majesty's Consuls seem to show that the Proclamationslssued by the provincial Governments, in pursuance of your Imperial Highness' instructions, for the better protection of foreigners travelling in the interior under passports, have been, in general, duly published in the neighbourhood of the Treaty ports, and, indeed, throughout the whole extent of some of the Chinese provinces; and it has given me pleasure to bring this fact to the knowledge of Her Majesty's Government. My task is not yet over, however, in this respect. I shall have to send officers from time to time into different districts of the interior, until more complete informa- tion of the general circulation of these documents has been procured. I am sure it will be a matter of as much regret to your Imperial Highness as to myself if these [6781 P 104 officers should meet with ohstruction, or should find that, in view of the hoslile temper of the population, the Proclamations of which they are in search have been suppressed ; and therefore it is that I now venture to notice a rumour that has reached me to the effect that two EngUsh missionaries, who visited the city of Yo-chow, at the mouth of the Tung-ting Lake, in Hu-uan, in January last, were refused admittance to that city, and, were informed that the Proclamation had failed to appear in its vicinity. I hope that when the time comes to send an official into the province of Hu-nan for the purpose above-mentioned, he will not meet with a similar reception. I have, &c. (Signed) HUGH ERASER. Inclosure 2 in No. 32. The Prince of Kuna to Mr. Fraser. (Translation.) Peking, March 1.Q, 1877. THE Prince has to acknowledge the receipt of Mr. Eraser's despatch of the 7iih instant, stating that, according to a report which had reached him, missionaries had been forbidden access to the city of Yoh-chow Eu, in Hunan, where also the Proclamation enjoining protection to foreign subjects had not been posted. In reply, it has to be observed that the Proclamation enjoining protection was long since forwarded by the Yam^n to the various, provincial jurisdictions to be duly issued ; but on receipt of the communication now under acknowledgment stating that it has not yet been^ , ppsij;ed at Yoh-chow, and that missionaries were debarred; , from visiting liiat place, it will be the duty of the ;Yi(.m6n to write pn both these subjects to iihe Governor qf Hunan, de8irii;ig him to require his subon-dinates to make minute inquiry and to report, directing him at the same time to cause the Proclamation to be duly posted. Oh receipt of the Grovernor's reply, a further communication will be addressed to Mr. , Fraser, and in the, mea-riwhile the present ac^powl^dgment of his , despiatch is addressed to him. Kwa,ng Sii, 3rd year, 1st moon, 26th day. No. 33. Consul Sir B. Robertson to Lord Tenter Aen, — {Received May 14.) My Lord, , Canton, March 27, 1877. I HAVE the )i,onour to |forward qppy of a despatch of the 22nd instant, whicjh I addressed to Her Majesty's Charge (}.' Affaires at Peking, inclosing a copy of a report by IVfr. Interpreter and Acting yice'Consul Gardner of his visit to the interior of this proyince to inspect the posting pf the Yiinnan Proclamation, as provided for in the Chefoo Agreement. I have, &c. (Signed) B. ROBERTSON. Inclp^ure 1 in ^To. 3^. Corf,s^l, ^ir B. flobert$on 6 of the facts present to my recollection when I pressed for what it promises', and on which my charge against the Government of adherence to an exclusivist policy that we have a right to complain of as mischievous, had been based. When it agreed (Article i) that the Tsung-li Yam^n would invite the Representa- tives of foreign Governments "to consider with it a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown to them when serving in other countries, and as would be shown to Chinese Agents serving abroad," the Chinese Government promised a relaxa- tion of its exclusivism ; and the mode of its promise is such that it became pledged to this relaxation, not only before our own, but before all foreign Governments with which it is in Treaty relations. It has been urged by a friendly critic that the code of etiquette of which I pledged the Chinese Government to invite consideration, must necessarily include discus- sion of the Audience question, and that this, at the present moment, might prove embarrassing. No such necessity, I confess, had occurred to me ; although, for certain reasons, some reference to the Audience, whenever ,the difficulties I hoped to solve by the formal undertaking which I have styled a code of etiquette should come to be discussed, might have appeared to me desirable. But such a reference would for the 141 morae^nt have been restricted to a reminder that the right to claim an Audience exists and may at any time by any Government be asserted. It may yet have to be. I have not the slightest wish to see it precipitately asserted, (and, as I have earMer stated, in the late discussions I never formulated anything upon the subject of aaa ATJdienoe. But I more than once allowed it to be understood that, whether as aa (mt-ende ifor the past, or as a guarantee for the future, I should be psepared to regaud the ocmcession of an Audience ,&s a most important measure of satisf actioip.. And I did tOsWiS with a full knowledge of the objections that were sure to be raised against its eon- oession ; t© wit, the tender age of the Emperor and tbie sex of the Begents ; condi- tions, I admit, by no means to be hghtly ignored. I knew, at the same time, that on neaithep? ground were their Majesties respectively inaccessible to Ministers of thieiir ow;fl. nation, when their attendance was requii-ed whether for purposes of business m ceremony ; that those who had reports to submit to the Throne, were heard by the Empresses E-egent, but partialiy concealed by screens, and, on state oooasiioas,, were received by the Emperor ; Sis Majesty being seated in front of the screens, behiod which the Begents were enthroned. The real difficulty, I .could not but feel, was of a polMaeal character ; I have so often adverted to it that I need not here define it anare precisely. Believing it to be what I believe it, I should certainly have weloom:ed its (feapipeairanee as an augury of the highest significance. Yet, I asepeat, I never made the Audience in any way a demand, and ;«rhea in my A^?ee»©ut I employed the term " code of etiquette," as a term implying .dehbeBate irsf^ii*- la^Qn .of iaatercourse, nothing was farther froaaa my intentions thain inclusion in it of tiae Audi^ice question. The most I should have advocated in relation to it would feave be^Oj I say, an intimatiotn, either singly or in concert with others, that audieaaoe of the Emperor of China is a privilege which, under Treaty^ it is at any time open ifco the G«9vemment of any ITreaty Bower to claim. This, looking to the past, might not hai^ie been without its utility. Eor the present, I should be quite contenit to leave it unmentioned. When reporting tilae Audience of 187S, the minimum of <5onoe8Sik«i^ as I have elsewhere called it, I was unable to say more than that it was a first «tep in Beltreat from an untenable position. Without optimising, I imagine that I see ^gns nctf pcogiress that, in a question of the ikind, »ay justify ;Our patience. As to official intercourse dn the •eapital, what was immediately in my mind was the iniperfectness with which the Imperial Decree of September 28, 1875, had been obeyed. (See Blue Book, China, No. 1, 1876, page 86.) That Decree, which, it must be remembered, was issued as one of the guarantees that I exacted before I would allow Mr. Grosvenor's Mission to proceed to Yiin Nan, approved the recommendation of the Tsong-li Yam^n that the interdict on intercourse between the Legations and the Chiefs of State Departments should be withdrawn ; and that the conditions of inter- course should be arranged between the Tsung-li Yamen and the high officers in question, " to the end that while, on the part of those to whom such intercourse was new, possible misgivings might be more or less prevented, those not yet in intercourse with the foreigner might be brought to understand the relations between him and the Chinese." These are nearly the woicds of the Yamen's Memorial to which the Decree was a rqply. , I have mentioned (page 123) how little had com!e of this Decree, and how circum- stances had made that little even less. I have no desire to dwell further upon it. Mr. Eraser's despatch of the 10th January last (see page 93), which refers briefly to tihe event of last year, reports a step in advance that leads me to hope that in the question of intercourse in Peking we have at least the beginning of beginnings ; in China, the difficulty of difficulties to be surmounted. And the reform is of the greater moment, that it has been ejffiected at head-quarters. Another of my griefs was the language used either about us or to us in official papers ; in public notices ; in Memorials to the Throne, pubhshed in the " Pekiag Gazette ; " it might be in Decrees acknowledging such Memorials ; in letters addressed to us, especially where the reports of Chinese to their superiors are quoted. This is an old sore and of serious import. In a country where so large a proportion of the population is educated, and educated in a literature in the phraseology of which respect of persons is made so easUy apparent, the effect upon the mass of habitual depreciation of the foreigner and his authorities in official papers may be imagined. There had been no worse omen of the feeling of the Government than its indifference to remonstrance on this head. It was for this reason that, in 1872, having been assaulted in the streets of Peking, I substituted for all other reparation a Memorial from the Yamen, directing attention to the Treaties, in which the title of Her Majesity should be placed on a level with that of the Emperor of China. The MemiOirial wm 142 shown to me in draft ; was presented to the Emperor and published ; but faith was not observed in the printed copies of the " Gazette." I revive the incident only to contrast the course pursued in the instance cited, with what I am happy to believe the spontaneous action of the Chinese Government on a recent occasion. In a despatch also of the 10th January, Mr. Eraser reports pub- lication in the " Peking Gazette " of a Memorial from the Governor of Shan Tung, in which, alluding to a correspondence with the Acting Consulat Chefoo, the words "British Government " are honourably elevated to the head of the vertical column. It would be difacult in England to make it intelligible that our respect or disrespect for a foreign Power could be tested by the employment of a capital or a smaller letter at the commencement of the word' Government. In China it is otherwise, and the pro- ceeding Mr. Eraser reports is, in its recognition of the equality of nations by China, a valuable beginning of beginnings. Another similar grief had been the refusal to admit foreign Consuls when calling on the high authorities of the provinces otherwise than as if they were the subordinates of those authorities. This was not a universal rule. I doubt that it was in these latter days adhered to any port but Eoochow ; it was there adhered to somewhat ostentatiously, and the inconvenience was marked. If a Consul could not be admitted into the Yam^n of the Governor-General when he went to pay his respects to him, otherwise than if he were his subordinate, he would naturally forego his visit of ceremony, and it would foUow, independently of the general effect upon affairs of this state of relations, that if his affairs rendered personal appeal to that high officer necessary, he would find access to him diflOLcalt, or, if accepted under the above conditions, resultless. I am happy to learn that the invidious rule, for which it is true there was alleged to be ground in our own Treaty, has at last been rescinded at Eoochow. The personal opposition of the late Governor- General was for something in this matter; but the change for the better is perhaps to be attributed as well, if not to injunctions received from the Central Government, at least to the example recently set by it. I say that there had been alleged to be ground in our Treaties for the line taken in their treatment of our Consuls by the high provincial authorities. It was decided by the Treaty of 1858 that our Consuls and Vice-Consuls in charge should rank with Chinese Intendants of Circuit; Vice-Consuls and Interpreters taking rank with Prefects. In many instances the high authorities made no objection to reception of our Consular ofl&cers, not, of com'se, as equals, but still with the courtesy due to the official of a foreign Power, who, by the conditions of the case, is at the same time, chief of his nation in the district of China in which he resides. In some they refused to adniit them except by the gateways through which their own subordinates were admitted, rejoining to all remon- strances on the subject that they acted only in accordance with Treaty. By parity of reasoning they should have exacted of the Consuls the obeisances and other forms of salutation due by their Chinese co-ordinates. This, I need hardly say, was never attempted. Within doors the Consular officer was treated as a guest ; it was before the outside public that he was humiliated. My knowledge of the effect of petty slights of the land upon the feeling of the multitude must be my justiiication for making so much of what elsewhere, in England at least, must appear so insignificant. In the matter of official correspondence our Treaty of 1842 is more decidedly against us. It is there agreed (Article XI) that the higher officers of the twb countries shall correspond in the form that we translate " commimication ;" to which there is no possible objection. There is none either to the term translated " statement," by which subordinate British officers address the high provincial authorities. But to the term translated " declaration," by which the latter address the subordinate British officer, there is an objection ; not only in that the term employed implies conveyance of a command to the official addressed, but that in the body of the " declaration," when- ever reference is made to that official, he is mentioned in a tovm. which, judged by Chinese usage, is less respectful than translation would make it appear. If corre- spondence of the kind is quoted, as on occasion it may be, in notifications or other public documents, the foreign official figures in a position which, for the one reason so frequently given, its effect on the native appreciation of foreign Govern;ments, I consider invidious. In the first page of a long Memorandum which, under instructions from your Lordship, I prepared upon Treaty Revision in 1868, 1 drew attention to the desirable- ness of a modification of the above Article. That in 1858 it was left unnoticed by Lord Elgin, I observed, was the fault of no one but myself. I forgot to bring it to his 143 Lordship's attention until it was too late. My Memorandum suggested some amend- ments, and I still think the matter deserving consideration. The ahove suhjects, the Audience excepted, are samples of what I had before me when I pledged the Chinese Government to invite the Representatives of the Treaty- Powers to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, might he treated with the same regard as is shown them when serving abroad in other countries, and as would be shown to Chinese Agpnts so serving abroad. The fact that China, I added, was about to establish Missions and Consulates abroad, rendered an understanding on these points essential. This was stipulated, be it remembered, , after much debate, a debate extending over years, regarding similar questions, in themselves trivial enough, but not trivial in the consequences fairly traceable to the spirit which had prevented their solution ; after promises regarding intercourse which I could not regard as having been satis- factorUy performed. One Chinese Mission, that now here, has since been established in permanence abroad ; and a second, also a permanent Mission, is (unless I am mis- informed) on the point of being accredited to another European Power. That the changes, whether in correspondence or otherwise, and of the kind that I have referred to as desirable, may now be brought about, if not by the spontaneous action of the Chinese Government, at least without collective negotiation, is, I think, fairly to be expected. Should it prove otherwise, the Chinese Government is pledged to a formal consideration of the question whenever this may be demanded. I engaged the Government to pledge itself by Circular to the Representatives of the Treaty Powers on the foregoing question, partly because I considered an invitation of the kind due to my colleagues; partly because, by issuing it, the Government became more firmly engaged to move in the matter of intercourse when called upon. I did not, however, feel that there would be any necessity for immediate action on our part, either with other Powers or single-handed. I exacted a similar engagement from it vdth reference to the measures needed for the more effective administration of justice at the ports open to trade. In this, again, I was looking less to immediate action as desirable than to a certain immediate improvement in the adjudication of mixed cases, as the probable consequence of the Government's public acceptance of this engagement; the pledge, of course, remaining good that the Government, whenever it might be appealed to, would be prepared to respond to the appeal. As British Minister I had before me a special difficulty in the construction constantly put by Chinese authorities upon the clauses of the Treaty of Tientsin relating to judicial proceedings. Article XVI provides that Chinese guilty of any criminal act towards British subjects shall be punished by the Chinese authorities according to Chinese law ; that British subjects committing any crime in China shall be punished according to British law, " by the Consul or other public functionary authorized thereto ;" also that "justice shall be equitably and impartially administered on both sides." Article XVII provides "that the Consul, if a Chinese have reason to complain of a British subject, shall listen to the complaint and shall endeavour to settle it in a friendly manner," and that " if disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case, and decide it equitably." It is no exaggeration to say that while in no instance, to my knowledge, has a, British Consular officer assumed to act as co-judge in proceedings against a Chinese defendant, that function has been very frequently claimed by Chinese officials where the defendant was a British subject. And when, especially in cases of murder, man- slaughter, or violent assault, the defendant has been acquitted by a jm:y, or punished less severely than he would have been had the charge as a Chinese would have laid it been proved against him, the words representing "together" in the Chinese version of Article XVI, (for which I am myself responsible), have been quoted to prove that in both trial and sentence the officials of both nationalities should equally bear part. I have in all cases maintained that the law administered, except where an offence is described and a penalty specified, as in the commercial clauses of the Treaty, must of necessity be the law of the defendant's nationality. It would be wasting argument to attempt to show that, in China, there can be none other, until such time as a, code of lavrs shall have been agreed upon for the treatment of mixed cases ; either for the common use of all nations having Treaties with China, or, failing a measure so comprehensive, for the common use of the Chinese and ourselves. I accordingly stipulated in Article iii of this Section that the clause of the Treaty of Tientsin referred to should ,be so interpreted. [678] U 144 I *icf Hot thmfc it neeessarj to disenss a point raised on oecasibn hy our own countrymen, supported, in some cases, at all events, hj a legal opinion, that from tlie wording- of Article XYI its provisions are intended to apply only to criminal, while Article XYII should apply only to civil cases. An argument has been based upon tMs, that in the trial of mixed civil eases there is a power of joint action which does^ not exist in criminal cases. I hold that in neither can the authority of the com- plainant's nationality claim more than to be present to watch the proceedings in the interest of his nation ; but that this right of presence can never be denied him. As laid down in Article I of the Treaty of Tientsin, the Treaty of Nanking {1M2} is thereby renewed and confirmed. The Supplementary Treaty and General Eegalations of Trade (1843), " the substance of their provisions having been incorporated in this Treaty," are abrogated. I quote below Article XIII of the General Regulations in qtiestiou. I think it will be plain that the same spirit ruled in both those B-egulations amd the Treaty of Tien-tsin. XIII. Disputes between British Subjects and Chinese. " Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance. The Consul wLU thereupon inquire into the merits of the case, and ■do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, he shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If an EngliSih merchant have occasion to address, the Chinese authorities,, he shall send such address through the Consul, who will see that the lainguage is becoming; and, if otherwise, will direct it to be. ■changed, or win refuse to convey the address. If, unfortunately, any disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of a Chinese •ofBceir, that they may together examine into the merits of the case, and decide it equitably. Eegarding; the punishment of English criminals, the English Government will enact the laws necessary to aittain- that end, and the Consul will be empowered to put them in force ; and regarding the puanshmenfc of. ■Chinese criminals, these will b© tried and punished by their own laws, in the way provided for by the oarrespondence which took place at Nanking aftef the concluding of the peace." I am myself satisfied that no distinction was contemplated between civil and criminal procedure either in 1843 or in 1858. On the other hand, difficulty had been occasionally experienced where British subjects, being defendants, had to be tried before a higher Court than the Consul's. This, until 1866, might have been, in some cases, the Court of the Superintendent of Trade, in some, the Supreme Court of Hong Kong. In either case the Chinese, when it suited them, would uphold that, as the Trealy named no one but Consuls, appeal to any other authority was in contravention at Treaty. It was to meet this allegation that, in 1858, the words " other public functionary authorized thereto" were introduced after the words "tried and punished by the Consul " in Article XVI. Here again, I admit, the Chinese text, for which I am also responsible, might have been more precisely rendered; but, at the time, not without considerable amplification. The words British Government were consequently used, as the Chinese use similar words, to include any or all of Her Majesty's servants, small or great. Any obscurity on this head is now obviated by the text of my Agreement, which declares the establishment of a Supreme Court at Shanghai with a special code of laws, which it is obliged to revise, that Court having been established in order to the fulfil- ment of Treaty obligations. The Supreme Court at Shanghai, which in 1865 superseded alike the jurisdiction of the Superintendent of Trade and the Supreme Court of Hong Kong, had been equally with the latter a point of attack both at Shanghai and elsewhere ; not in all instances, but whenever a decision has differed from what the Chinese authorities •desired or expected, whether on the civil or the criminal side. I am compelled to declare my belief that the letter of the Treaty has had little to say to the objections advanced against the decisions of our Courts, higher or lower; and although the Articles of my Agreement may save the Legation some bickering over the text of Articles XVI and XVII of the Treaty of 1858, or over the absence from that Treaty of any precise words describing the higher Court which, among other functions, is created to regulate the judicial proceedings of the Consuls, that improve- ment in the administration of law which is to bring it nearer our notions of justice is still far to seek. No nation, undoubtedly, has worked harder at its legislation than China, and although the spirit of its code is eminently vindictive, I should not deny its framers the credit of an earnest desire to be just. But in the way of justice there are at least 145 two serious impediments ; an ignorance which renders due appreciation of the value of evidence, especially in criminal cases, impossible, and a dishonesty that would be fatal to the adminisfa'ation of any laws, no matter how enlightened. In a case, the termination of which is just announced at Peking, we have a woman wrongly convicted, on a confession extorted from her by torture, of the murder of a husband who died a natural death; the iajustice being so patent that the fellow-provincials of the accused appealed to Peking. Orders being issued for a re-hearing of the case, the former decision was aflSrmed in. the province, and this a second and agaia a third time. The proceedings were then removed to Peking, and it is in the end established that Magistrates of Districts, Prefects of Departments, the Governor of the Province, and the high officer charged with the public instruction of the Province, who had been specially commissioned to re-hear the case, have all more or less combined to conceal the delinquency of the first authority who heard it, with whose gmlt the rest, his seniors, had associated themselves either through carelessness or from a corrupt motive. It is vain to talk of the abandonment of our €x-territorial jurisdiction in China so long as burlesques so revolting are dignified by the name of judicial proceedings. These had lasted over two years. The inquests in such cases are but what might be looked for from a singidarly imperfect acquaintance with medicine or anatomy. But to return to the object generally indicated in my Agreement, the more effective administration of justice at the open ports, to be compassed by an under- standing with ourselves or others, I do not apprehend that in the first instance more can be effected than was contemplated by Sir Rutherford Alcock in 1869, when the preparation of a commercial code by competent authorities acting on the part of England and of China was agreed to. The agreement is to be found in the last clause of Article IX of his Convention, which, premising that I do not go the full length of its earlier provisions, I quote entire. "AETICLE IX. " It is agreed that in all cases of fines arising out of breaclies of Customs Eegulations, the Superin- tendent, or the Commissioner of Customs, may have a seat on the bench, and take part with the British Consul in inquiring into the case. " And that in all cases of confiscation arising out of breaches of Customs Eegulations, the British Consul may have a seat on the bench with the Superintendent or the Commissioner of Customs, and take part in inquiring into the case. " It is further agreed that England and China shall in consultation draw up a commercial code." The foot-note appended, at Sir Rutherford Alcock's request, by Mr. Hart, explains that — " The object of this is simply to give a Treaty Clause authority to the principle of joint investiga- tion in Customs cases. The concluding sentence is a stipulation of great value. A commercial code accepted by both China and England vail be very useful in itself, and it may perhaps pave the way for reforms in the judicial procedure in China generally speaking." In his despatch giving cover to the Convention, Sir Rutherford Alcock observes : — " The adoption of a written code of commercial law, in like manner, is more important for what it may lead to than for any immediate results. From a commercial to a civil and criminal code, founded on European principles, and an international court for its administration in all mixed cases between foreigners and natives, there are but two steps ; and these once gained, extra-territoriality may be dispensed with, and the greatest impediment to inland residence and unwillingness on the part of the Chinese officials to see the foreigner located in the provinces, will disappear." The one objection that I have implied I have to make to Article IX, is that it assigns the foreign Commissioners of Customs a position co-ordinate with that of the Chinese Superintendent and the foreign official in what is really a judicial inquiry ; it may also be said a judicial inquiry in which the Customs are interested. I do not, of course, mean pecuniarily interested ; but, as in cases of fine, as prosecutors, or as ia cases of confiscation, as defendants. In the first the foreigner is brought by the Superintendent of Customs before his Consul; in the last, he appeals through his Consul to the Superintendent against the act of the Customs subordinate who has seized his goods. No one, I am satisfied, estimates more highly than myself the value of the foreign Customs service, not only to our trade, but, in a larger sense, to our [6781 U 2 146 relations. But I feel strongly that the investment of its members with judicial functions is not to he desired; and that it would be, of course, less desirable in cafees where, virtually, the proceedings of their own establishment are directly called in question. But in all that he has written, as above, regarding the utility of a commercial code, immediate or ulterior, I am entirely of one miiid with Sir Rutherford Aloook. It is undoubtedly on this side that the first step in advance should be made. I shall add that, though the co-operation with others which I enga^d the Chinese Govern- ment to invite would be in this, as in all cases in wMch it may be possible, of advan- tage, it is not in the present instance by any means indispensable. There is nothing, at all events, to hinder the immediate preparation by us alone of a code of rules, for communication to the Chinese Government, which other Powers might adopt, or which, to meet the wishes of other Powers, we might modify. Our own Supreme Court at Shanghai would of course be, so far as we are concerned, the best authority to consult regarding the compilation, of such a code. In criminal law it might also be useful to prepare a memorandum of suggestions. The Code Napoleon, it is said, but I am not sure of the fact, is being translated at the expense of a high official. But were the translation of this, or of the memorandum I propose, already in the hands of the Government, I should still not be sanguine of a sudden adoption of the teaching of either. The national education must be revolu- tionized before estimates of culpability that appear to us unjust or puerile, and before methods of inquiry and punishments equally barbarous, a,re abandoned. It is agreed in Article iii that whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the iavesti- gation. It will be remembered that in a note dated April 14, 1876, I had been informed that it was only in consideration of the deplorable fate of Mr. Margary that officers had been allowed to proceed to Ylin Nan to represent me at the trial I had demanded, and that what had been conceded in this instance was not t® be regarded as a pre- cedent (China No. 1, 1876, p. 26). I had replied (p. 142), that so long as I had a voice in the matter, no British subject provided with a passport should sustain injury at such a distance from a port as to render it impossible for the case to be dealt with otherwise than on the spot without my asserting, if I conceived it necessary, the right to be surely informed by my own agents of the nature of the evidence on which the Chinese accused might be condemned or acquitted. The intimation quoted above to which I had so rejoined, was but consistent with the argument earlier employed in the first days of this long discussion, that our right to be present at an investigation in which British life or property might be interested, although admissible under Treaty at the open ports, did not exist where the scene of inquiry lay in the interior. Our right to be present at trials, even at the ports, had been also on occasion contested ; notably in 1870, in the case of the Tientsin massacre. I thought it advisable, there- fore, to insert (Article iii) an express declaration of this right in the Agreement, and I stipulated that notes should be immediately exchanged between myself and the Tsung-li Yamen upon the subject, the reply of the latter afELrmiiig our freedom to exercise it. The receipt of this latter, as I have reported in my despatch of September 14, 1876, (p. 70), became one of the supplementary conditions on which I consented to accept the responsibility of closing the case. ■ Consistently with the views I have often repeated, I regard the engagements accepted regarding intercourse in Article i of this Section, as next, if not, equal, in importance to the publication throughout the Empire of the Memorial and Decree upon the Ylin Nan case prescribed in Section I, and it is gratifying to receive from mail to mail fresh evidence of a disposition to observe the promises given in both. In judicial proceedings (Article ii), as I have implied above, rapid progress is hardly to be expected ; but by watchfulness at Shanghai we may hope to improve the Mixed Court established there, and when its procedure has been revised, to introduce elsewhere, at least in commercial cases, the nJes it follows. It wiU not be necessary to press for the institution everywhere of a separate tribunal of the same name. The foreign community at Shanghai numbers about 2,000 persons. The concourse of Chinese within the Settlement is as large as under these circumstances might be looked for. Hence the special need for the Court which is somewhat erroneously named a Mixed Court, as it is in reality presided over by a Chinese official, watched and aided, it is true, by a Consular Assessor. By the Agreement, the Chinese Government admits the imperfections of this Court. It is none the less useful as a tentative 147 institution. Its development will depend in a large degree upon foreign advice, which again will need to be very frequently repeated. I could not see my way to more than the general appeal to foreign Governments for that advice, which the Agreement records. Por the rest we shall, by Articles ii and iii, be spared, I hope, further dispute as to our right to establish a superior Consular Court (the main object of its creation being to sesure the observance of the Treaties in the proceedings of Courts, Consular or Vice-Consular), as to the part by Treaty devolving in mixed cases upon the Presidents of Courts, British or Chinese ; and as to the right of the British Government to be represented in inquiries affecting British interests, no matter in what part of the Empire instituted. This brings me at length to the close of my Report, for the long delay of which I must still ask leave to add a word of explanation. When I asked your Lordship's permission to prepare it, six months' ago, I contemplated nothing more than a despatch of ordinary dimensions. I was anxious to avoid resuscitation of details, the review of which, as I have said on the ^rst page of this long paper, was something more than disagreeable. I soon found that it would be impossible to avoid recurrence to them, and I was eventually committed to a reperusal of every paper bearing on the case that has been written during the last two years, with some of earlier date. The result is a very bulky document, the elaboration of which, however, would not have occupied the time over which it has been spread had I been in better condition for work. With little of physical indisposition to complain of, I have found myself, after the strain of the last few years, more or less unfit for mental labour of any kind. This, I trust, will bo accepted as my excuse both for the lateness of my Report's appearance and for the imperfections with which its composition is chargeable. In my despatch of the 6th August (page 57), writing at a time that I conceived it mot improbable that Her Majesty's Government might be obliged to go further, I mentioned that I had asked every one whose opinion on such a point was worth obtaining, what with the all but certainty that the conviction of the really guilty was beyond our reach, with the fullest certainty that what had happened was due to the exclusivist policy of China, — what might a Minister exact that he could really point to as a proof that that exclusivist policy was put away ? While some, I admit, held fast to the advisability of insisting on the production of the Acting Governor-General Ts'en Yii-ying, the majority were for the exaction of material innovations, the introduction of railways and telegraphs, the navigation of the inner waters, mining, &c. Near the end of my negotiations, it was suggested that I might engage the Government to establish a mint and a postal service. Of the two latter, I will say that I half regret the loss of the opportunity. Neither a mint nor a postal service, however, appeared to me to find a fit place in any of the three Sections of my Agreement, the connection of which together my Report will have made plain. As to the other propositions, they had always appeared to me even less approach- able. I venture to think it probable that formal negotiations, at present, would retard rather than advance their adoption. They, in general, involve enterprises which, in my opinion, cannot be healthfully undertaken independently of the free action of the Government. Such enterprises cannot, it is true, be given effect to without foreign aid, if not foreign capital ; but it is not desirable to force them upon the country. The chiefs of the administration are becoming slowly converted to the conviction that the appliances by which foreign nations sustain their strength, are equally indispensable to China. They will be presently adopted, and whenever the moment for their adoption arrives, we shall hardly contribute less to their furtherance as auxiliaries than any other Power. No. 40. Sir T. Wade to the Earl of Derby. — {Received July 14.) My Lord, . London, July 14, 1877. THE long Report which I have had the honour this day to lay before your Lordship, however my proceedings or opinions may be judged, will scarcely fail, I feel sure, to be regarded as proof that the labours referred to in it were not light. An important share of the weight of these devolved of necessity upon my Chinese Secre- tary, Mr. Mayers. His merits are already well known to your Lordship, but I should be wanting in my duty on an occasion like the present were I to omit recording 148 my deep sense of the obligations under wMch. I conceive the public service to have been laid during the past two years by Mr. Mayers' zeal and ability. I have, &c. (Signed) THOMAS PRANCIS WADE. No. 41. Lord Tenterden to Sir L. Mallet. Sir, Foreign Office, July 18, 1877. WITH reference to my letter of the 16th of April last, and to previous correspon- dence respecting the Yunnan outrage, I am directed by the Earl of Derby to transmit to you, to be laid before the Marquis of Salisbury, the accompanying report by Sir T. Wade, explaining the objects which he had in view in concluding the Agreement with the Chinese Government at Ohefoo on the 13th. September last.* I am, &c. (Signed) TENTERDEN. No. 42. The Earl of Derby to Sir T. Wade. Sir, Foreign Office, July 27, 1877. I HAVE received with much satisfaction your letter of the 14th instant, recording your sense of the valuable services rendered by Mr. Mayers in your negotiations with the Chinese Government for the settlement of the Yunnan aflfair; and I have much pleasure in. expressing my high appreciation of the zeal and ability which Mr. Mayers has displayed in the discharge of his duties. I am, &c. (Signed) DERBY. No. 43. The Earl of Derby to Mr. Eraser. Sir, Foreign Office, July 30, 1877. I TRANSMIT to you herewith, for your information, and for communication to Mr. Mayers, copies of a despatch from Sir Thomas Wade, and of one I have addressed to him in reply, in regard to the zeal and ability displayed by Mr. Mayers in connection with the settlement of the Yunnan affair.f I am, &c. (Signed) DERBY. No. 44. Sir L. Mallet to Lord Tenterden. — {Received August 4.) My Lord, India Office, August 4, 1877. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 18th ultimo, forwarding copy of a report by Sir T. Wade, explaining the objects which he had in view in concluding the Agreement with the Chinese Govern- ment at Chefoo on the 13th September last. I am to add that a copy of Sir T. Wade's report has been sent to the Government of India, with a request for the early expression of their views, which Lord Salisburv will await before communicating any opinion on the commercial questions which are raised in the report. I have, &c. (Signed) LOUIS MALLET. * No. 39. t Nos. 40 and 42.