lished custom at Nanking whereby the tolerance heretofore accorded in this regard to foreigners there, as in other parts of China, may be impaired or destroyed. The acquisition of land by foreigners outside of the treaty ports being a matter of permission and usage, fortified by long observance, it is desirable that transactions to that end should, as far as practicable, be the same as in localities where the right is stipulated by treaty. I am, etc., W. Q. GRESHAM. No. 804.] Mr. Gresham to Mr. Denby. DEPARTMENT OF STATE, SIR: I transmit herewith for your information copies of correspondence exchanged with the Chinese minister in this capital, relative to the application of the Chinese immigration act of May 5, 1892, to the test cases recently brought before the Supreme Court to determine the constitutionality of that act, and to the apprehensions felt by the minister lest the date fixed for the enforcement of the Geary act might be marked by mob violence against the Chinese in the Pacific States. The minister's fears in the latter regard proved groundless, as I felt confident would be the case. In pursuance of the intimation conveyed in Mr. Wharton's note to Mr. Tsui, of December 10, 1892, that the constitutionality of the Geary act could be tested only before the judicial branch of this Government, certain test cases were brought before the Supreme Court immediately after the act went into operation on the 5th ultimo, and by the understanding reached, as shown in the correspondence, the proceedings were expedited, and the decision of the court rendered on the 15th ultimo sustaining the law. When it shall be printed copies will be sent to you. In recent conversations with the Chinese minister since the decision the alarming reports of anticipated acts of retaliation in both countries have been discussed. I bave told Mr. Tsui I was satisfied that if the Chinese protect Americans in China and prevent assaults upon them we would be able to protect the Chinese in this country, but that should Americans in China-missionaries, merchants, and others-be injured in person or property it might not be possible to control sentiment here and to effectively protect the widely scattered Chinese. The minister, in return, assured me that there was nothing in his latest official advices to justify the belief that Americans in China were now imperiled, and that no efforts would be spared for their protection should they be threatened with danger. As regards the execution of the act of May 5, 1892, I have stated to the minister that while the President can not suspend a law of Congress, which it is his constitutional duty to execute, and while it was impossible to give assurance that the Geary act would not be enforced, its terms and requirements will necessarily cause its enforcement to be attended with some delay; so that there was no reason to believe that the Chinese who have refused compliance with the statute will be deported in large numbers between now and the assembling of Congress, at which time there is ground to anticipate further legislation on the subject. The situation appears, in the main, to be favorable to a rational dis position of the whole matter. Some harsh features of the Treasury regulations for the enforcement of the Geary law have been modified, a circumstance which Mr. Tsui assures me is highly appreciated. In the absence of an adequate appropriation for the deportation of nonregistered Chinese, the operations of the Treasury Department are necessarily limited for the present mainly to the cases of the those who are found to have come to the United States unlawfully. I am, etc., Mr. Denby to Mr. Gresham. [Extract.] W. Q. GRESHAM. No. 1691.] LEGATION OF THE UNITED STATES, (Received July 31.) SIR: On the last anniversary of the Queen's birthday, May 24, Sir Robert Hart, inspector-general of imperial maritime customs, was made a baronet. This gentleman had already received nearly all the honors that China could bestow. He received a piece of silk with the names of his three immediate ancestors inscribed thereon in five colors. This is a higher honor than the yellow jacket. Another special decree also conferred buttons of the first rank on his immediate three ancestors for his able administration of the customs. The effect of this decree was to ennoble his ancestors for three generations. The rise and progress of the customs service constitute remarkable events in the history of China. Inaugurated in 1853, after the T'aiping rebels had captured Shanghai, for the temporary collection of customs duties on foreign bottoms, the institution proved so effective that it became permanent. The indoor staff of the imperial customs is composed of foreigners only. In the outdoor staff there are many Chinese. The inspectorgeneral is the supreme autocratic head. He has absolute and unquestioned control. Immediately below him are 33 commissioners, who are generally stationed in the open ports. The next rank consists of 12 deputy commissioners. There are then about 133 first, second, third, and fourth assistants; also clerks numbering 21; miscellaneous, 18; and 21 surgeons. Exclusive of the surgeons the indoor staff numbers 218. The outdoor staff numbers 354, consisting of tide surveyors, assistants, boat officers, examiners, etc. The customs service has charge of all the light-houses on the China coast, and the work of lighting is done in an admirable manner. There is also a small educational department, making a total of 719 foreigners, 3,181 Chinese, or, in all, 3,900 employés. The British outnumber any other nationality, being 170 in number. There are in the service French, Germans, Americans, Italians, Russians, Portuguese, Austrians, Spaniards, Belgians, Dutch, Hungarians, Norwegians, and others. Sir Robert Hart succeeded Mr. H. N. Lay as the head of the customs in 1863. He has performed his arduous duties with conspicuous ability. He is now regarded with the highest favor by the Chinese Government. He is more and more, day by day, being intrusted with the administration of difficult questions which arise with foreign countries. The receipts of the customs are honestly accounted for, and constitute a large portion of the income of the Government. As long as Sir Robert Hart lives the system that he has created will be secure, but at his death it is highly probable that the Chinese Government will resume control over its own customs. I have, etc., CHARLES DENBY. No. 1692.] Mr. Denby to Mr. Gresham. LEGATION OF THE UNITED STATES, Peking, June 21, 1893. (Received July 31.) SIR: Mr. W. N. Pethick, our vice-consul at Tien-tsin, has resigned his position as manager of the Chinese railways and has gone to the United States. His departure has brought about several changes in the personnel of the railways. Chang Chin-chung, a grandson of Li Hung-chang, has been appointed director general of the Imperial Railway. This line commences at a place called Kuyen, which is about 90 miles from Tien-tsin, and extends to Shan-hai-kuan and past the Great Wall into Manchuria. Chang Yen-mou, who is chief manager of the Tungshan colliery at Kaiping, has been appointed director general of the Commercial Railway, which commences at Tien-Tsin and goes through to Kuyen. The assistant director-general of the Imperial Railway is also a clansman of the viceroy. The assistant director-general of both Imperial and Commercial railways is Wu Ting-fang, better known as Ng Choy, who is a lawyer by profession and speaks English perfectly. It will thus be seen that the two lines of railway are practically combined in one. The portion between Tien-tsin and Kuyen is owned by the China Railway Company, a private concern. The balance of the line, as far as it may be extended, is owned by the Imperial Government. Two million taels a year are appropriated for its construction. Li Hung. chang has supreme control as far as Shan-hai kuan; beyond that point the road is controlled by the governor general of the province of Shingking. The road has nearly approached Shan-hai-kuan. It has often been described in my dispatches, but it may not be out of place to indicate here its general direction. It may appropriately be said to start at Tien-tsin, to run thence down the bank of the Peilo River to Tunghu, a place about a mile from the Taku forts, which are near the mouth of the river. From Tunghu it goes to the Tang-shan coal mines, and thence to Lanchow, a town on the Lan River. The distance completed is now 120 miles. A bridge is being built over the river Lan, which will require a year or more for completion. The line is being constructed beyond the Lan River toward Shan-hai-kuan. It is said that the viceroy forced the engineers to lay this part of the line out farther inland than they proposed in order to avoid attacks from the Gulf. New-chwang, the most northerly treaty port in China, will not be on the main line to Moukden, but a branch will be built from a point 30 miles from New-chwang. It is said that this branch will be extended to Port Arthur, which is the great naval station of China. Eventually this line will go to Kirin, a large town situated on the bank of the Sungari. This road was devised as a military line, in order to enable China to protect her frontier against Russian invasion; but the vast resources of Manchuria, if developed, would afford a great trade and commerce. I have, etc., CHARLES DENBY. No. 1695.] Mr. Denby to Mr. Gresham. LEGATION OF THE UNITED STATES, Peking, July 1, 1893. (Received August 19.) SIR: More than a year ago Sir Robert Hart proposed to the Imperial Government the establishment of a national Chinese postal service. It is now rumored that the Throne has consented to the inauguration of the scheme. As far as I can learn, it is proposed to place a foreign postal superintendent at the capital city of each province. A European postmaster will be stationed at each prefectural city, with a staff of Chinese who speak English. The district cities and unwalled towns will be in charge of Chinese only. It is supposed that the number of Europeans connected with the postal service will be about 600. The new post-offices will be joined with the telegraph offices. The courier service, which has hitherto only carried Government dispatches, will be used in the new scheme, but under European control. It will carry memorials to the throne from high provincial officials and all official correspondence. The private Chinese postal agencies, which are very numerous, will be abolished, but their personnel will be employed in the new service. It will be some years before this system will be in use all over China. Its application will first be made at the open ports. It goes without saying that the system will be of great benefit to all the people. Rates under the system of private carriage are very high. From Peking to Shanghai costs per letter from 10 to 15 cents; from Peking to Canton 20 to 25 çents; from Peking to Yunnan, 50 cents. In addition to postage "cumshaw" or wine money is expected, which amounts to as much more. To the post-office scheme will be added the carriage of parcels. CHARLES DENBY. No. 1754.] Mr. Denby to Mr. Gresham. LEGATION OF THE UNITED STATES, Peking, November 2, 1893. (Received December 19.) SIR: I have the honor to inform you that I received, in August last, a dispatch from the consul at Hankow, presenting the case of Mr. Jenkins, an American merchant. Mr. Jenkins had taken out at Hankow transit passes covering certain goods, to wit, kerosene, seaweed, cassia twigs, cassia lignea, cardamons, and camphor, which he shipped into the interior. The kerosene constituted the bulk of the shipment. At a place called Yoh-chow, on the Yangtze, these goods were required to pay likin dues. The 10th day of August last I addressed to the Tsungli Yamên a communication on this matter, of which a copy is inclosed. The Yamên replied, August 18, that the matter would be investigated. The 24th ultimo I again addressed a communication on the subject to the Yamên, a copy whereof is inclosed. The 29th ultimo the Yamên sent to me the communication of which a copy is inclosed. The first day of the present month I addressed to the Yamên a communication, of which a copy is inclosed. The Yamên admits that the collection of likin on kerosene was illegal, and these dues are ordered to be refunded. They claim, however, that some sort of discretion inheres in the likin officials by which they have the right to determine whether goods covered by a transit pass are in reality imported goods or goods of native production and subject to pay likin dues. From my reply to the Yamên above mentioned it will be seen that I insist that the transit pass certificate issued by the collector must be held to be conclusive. As likin stations are found along all the channels of trade at close intervals, trade and commerce would be greatly impeded if transit passes could be disregarded by native officials. I have, etc., [Inclosure 1 in No. 1754.] CHARLES DENBY. Mr. Denby to the Tsung-li-Yamên. LEGATION OF THE UNITED STATES, YOUR HIGHNESS AND YOUR EXCELLENCIES: I have the honor to bring to the notice of your highness and your excellencies a representation, made to me by the United States consul at Hankow, in regard to the exaction of likin on goods of Mr. M. A. Jenkins, covered by transit passes, at Yoh chow, in Hunan. I inclose copies of the correspondence between the United States consul and the Taotai-three in all-also a list of the goods covered by the transit passes. I have in my possession thirtythree transit passes which can be shown to your highness and your excellencies if desired. The transaction is a simple one. The likin authorities compelled Mr. Jenkins to pay likin amounting to 101,096 cash on goods covered by transit passes. The goods were foreign goods and were inspected by the customs at Hankow when the passes were issued. It was not competent for the likin authorities to disregard the transit passes and to collect likin. I have, therefore, to request that your highness and your excellencies will order that there be refunded to Mr. Jenkins the money thus extorted from him, and that you will also order the likin authorities to cease collecting likin on goods covered by transit passes. I have, etc., CHARLES DENBY. [Inclosure 2 in No. 1754.] LEGATION OF THE UNITED STATES, YOUR HIGHNESS AND YOUR EXCELLENCIES: Upon the 10th of August last I had the honor to address your highness and your excellencies in the matter of the exaction of likin by the likin authorities at Yoh-chow, in Hunan, on goods of Mr. M. A. Jenkins, an American merchant, which were duly covered by transit passes in accordance with the stipulations of treaty. |