future commercial relations between the United States and the Chinese Empire on terms of national equal reciprocity;" and on March 3, 1843, Edward Everett, then minister in London, was appointed commissioner; and on his declination, Caleb Cushing was named. Soon after arrival at his post, he was enabled to celebrate the first treaty, July 3, 1844, which inaugurated our official, political, and commercial relations with that vast empire, and which have continued unbroken. This convention, in addition to fixing the terms of our trade and intercourse, conferred upon American consuls jurisdiction and legal protection over all citizens of the United States in China. In communicating it to the Secretary of State, Mr. Cushing wrote: "By that treaty the laws of the Union follow its citizens, and its banner protects them, even within the domain of the Chinese Empire."1 This is the practice known in international law as "extraterritoriality," which has been conceded to all Christian nations by the independent countries of Asia. Under this treaty it became necessary for Congress to confer judicial powers upon ministers and consuls, to enable them to carry the extraterritorial provision into effect; and various regulations were adopted from time to time by United States ministers in China for the government of consuls in their judicial capacity.3

2

17 Opinions Attorneys General, 499. For correspondence relating to the treaty, S. Ex. Doc. 67, 28th Cong. 2d Sess.

72.

2 For the first statutes on the subject, 9 Stat. at L. 276; 12 Stat. at L.

S. Ex. Doc. Nos. 32 and 92, 34th Cong. 1st Sess.; S. Ex. Doc. No. 6, and H. Ex. Doc. No. 11, 34th Cong. 3d Sess.; S. Ex. Doc., Nos. 9 and 47, 35th Cong. 1st Sess. For action of Senate on regulations, Cong Globe, 35th Cong. 1st Sess. pp. 1203, 1555.

Secretary Webster, in his carefully prepared instructions to Mr. Cushing, laid down the policy, which has been ever since followed by our government, of disinterested friendship for China, but, at the same time, of a strict enforcement of the rights of American citizens; and as the rulers of the Celestial Empire had been accustomed to look upon other nations as dependents and their representatives as tribute-bearers, Mr. Cushing was instructed to make known "that you are no tribute-bearer; that your government pays tribute to none and expects tribute from none; and that even as to presents, your government neither makes nor accepts presents."

991

From the beginning of our political intercourse with that country we have discouraged all efforts on the part of Americans to engage in the opium trade, so injurious to its people and forbidden by its laws. As early as 1843 participation in that trade by an American consul was made a cause for his dismissal; our ministers were instructed to inform the Chinese government that citizens of the United States would not be sustained by their government in any attempts to violate the laws of China respecting the trade; 2 and by the treaty of 1880 our citizens are prohibited to buy or sell opium in China, or to import it into that country.

In view of the peculiar conditions existing in China, as well as in other Asiatic countries, our government has authorized American ministers to unite with the representatives of other Western powers in joint efforts for the protection of the citizens and business of their 1 1 Wharton's Int. Dig. 447.

2 Ib. 447, 449.

respective nations. This practice constitutes a departure from the policy generally pursued by our government of independent action in foreign affairs, but it has not been carried to the extreme of a resort to military force to accomplish the object had in view until the extraordinary disorders of 1900.

In 1857, when the troubles arose which resulted in the Anglo-French war against China of 1858-60, Secretary Marcy wrote to our minister that "the British government evidently had objects beyond those contemplated by the United States, and we ought not to be drawn along with it, however anxious it may be for our coöperation." And when, the next year, we were invited to "unite with the English and French in their hostile movements," our minister was instructed that we could not coöperate with them beyond "peaceful measures to secure by treaty those just concessions to foreign commerce which the nations of the world had a right to demand." Two years later President Buchanan was enabled to report to Congress that "the friendly and peaceful policy pursued by the government of the United States towards the empire of China has produced the most satisfactory results. The treaty of Tientsin of the 18th June, 1858, has been faithfully observed by the Chinese authorities." "

1

Anticipating somewhat events, it may be stated in this connection that under the treaty of 1858 the Chi

15 Richardson's Messages, 497.

2 Ib. 626. For correspondence and reports of these events, S. Ex. Doc. 22, 35th Cong. 2d Sess.; S. Ex. Doc. Nos. 30 and 39, 36th Cong. 1st Sess.

nese government paid to the United States the sum of $735,238 in satisfaction of the claims of its citizens against China. On an adjudication of these claims by a domestic commission of the United States, it was found that they had been very considerably exaggerated, and less than half of the fund proved to be justly due. The balance remained in the Treasury of the United States until 1885, when the sum of $453,400 was returned to China by act of Congress. In acknowledging this unusual international proceeding, the Chinese minister in Washington said to the Secretary of State that "this generous return of the balance of the indemnity fund by the United States to China cannot fail to elicit feelings of kindness and admiration on the part of the government of China towards that of the United States, and thus the friendly relations so long existing between the two countries will be strengthened." 1

During Mr. Webster's incumbency of the Department of State, another matter relating to the distant Pacific Ocean demanded his attention. Early in the century missionaries had been sent by the Congregational churches of New England to the Sandwich or Hawaiian Islands, and under their influence the natives had been induced to renounce in great measure their heathen practices, and under their guidance the chiefs had organized a government based upon principles similar to those of Christian nations. A delegation of plenipotentiaries from this new nation visited the United States and Europe in 1842, asking for recognition and 1 For. Rel. of U. S. 1885, p. 183.

the protection of the Christian powers. The recognition was readily given, but in addition thereto an important declaration was made by Secretary Webster to the Hawaiian delegation and by President Tyler to Congress. It was stated that in view of the preponderating trade and intercourse of the United States with those islands, and of "the greater interest of our country in their fate, our government would insist that no European nation should take possession of or colonize them, nor subvert the native government.1

This declaration was repeated by successive Secretaries of State, and in 1851, when for a second time Mr. Webster occupied the office, he found that the French naval forces had made a hostile demonstration against the Hawaiian authorities, and it was feared that that government intended to take possession of the islands, following its occupation of Tahiti. He thereupon instructed our minister in Paris to insist with that government that it desist from measures incompatible with the sovereignty and independence of Hawaii; and to inform it that the United States would never consent to see those islands taken possession of by either of the great commercial powers of Europe, nor could it consent that demands manifestly unjust and derogatory, and inconsistent with a bona fide independence, should be enforced against their government.2

Mr. Webster's reputation as secretary, during his first term of service, rests mainly upon the Ashburton treaty, and he felt when that was fully consummated 1 6 Webster's Works, 478. 2 1 Wharton's Int. Dig. 419, 420.