ferent locality in lieu thereof. They insist, however, that this exchange of property shall be made with the full knowledge of all concerned, with the distinct pledge that their possession of the new lot shall be peaceable, and that, should for any reason disorder grow out of their taking possession of it, they shall be fully and entirely protected by the local authorities.

I regard it as important, also, in order to secure future protection of the missionaries, that some notice should be taken of the wrongs and injuries done to Mr. Reid by the mob and some compensation tendered to him. I have to ask that some punishment should be meted out to the ringleaders of the mob which assaulted him, aud that redress of some kind be afforded to Mr. Reid.

It would seem to me to be the easiest thing in the world for Your Highness and Your Excellencies to direct the local authorities to come to a fair and equitable agreement by which the American mission may secure another and different small lot in Chi-nan fu or its suburbs, to be used for the public purposes of the mission. There can be no difficulty in making a public example of the ringleaders of the riot in which Mr. Reid was injured and in tendering to him some redress for his personal injuries.

What he wants and what the mission wants is to secure their present and future safety in Chi-nan-fu, to reëstablish their destroyed prestige, and to enable the members of their mission to retain their self-respect, so that they can hereafter, as heretofore, boldly and efficiently devote themselves to their charitable and philanthropic work.

What a grand thing it would be for Your Highness and Your Excellencies if we could settle this ancient trouble. What a fine effect it would have on all the foreigners in China and among the nations of the world, and particularly in my own country. I most earnestly beg that Your Highness and Your Excellencies will hearken to these words and will order an immediate settlement to be made on the lines indicated.

No. 553.]

Mr. Wharton to Mr. Denby.

DEPARTMENT OF STATE,

Washington, September 24, 1890. SIR: I have to acknowledge the receipt of your No. 1123 of the 25th of July last and the copy of the correspondence which you inclosed with the Tsung-li yamêu regarding the Chinese in the United States.

The argument which you made in reply to the representations of the Chinese Government touching the San Francisco ordinance directed to the segregation of the Chinese there is in accord with the views expressed by the Department in its correspondence with the Chinese legation in this city, and is therefore approved.

The Department will give further consideration to the other matters mentioned in the notes of the Tsung-li yamên, which matters you properly declined to discuss in the absence of instructions.

I am, etc.,

WILLIAM F. WHARTON,

Acting Secretary.

No. 556.]

Mr. Wharton to Mr. Denby.

DEPARTMENT OF STATE,

Washington, September 25, 1890. SIR: I have read your No. 1140 of the 4th ultimo, and approve the terms of your note of that date to the foreign office, in which you express a hope that the Chinese Government will see its way clear to permit foreign scientific officers to continue and complete the hydrography of the ports of China.

I am, etc.,

WILLIAM F. WHARTON,
Acting Secretary.

No. 1150.]

Mr. Denby to Mr. Blaine.

LEGATION OF THE UNITED STATES,

Peking, August 16, 1890. (Received October 6.) SIR: I deem it proper to report to you my recent action on a question of the mode of solemnizing marriages in China between Americans there resident.

In the case in hand the contracting parties were Dr. B. C. Atterbury and Miss M. T. Lowrie, both citizens of the State of New York and now residents of Peking engaged in mission work.

It was supposed by Dr. Atterbury that my presence was all that was necessary to give "legality," as he said, to the proposed marriage. Under article 387 of the Consular Regulations, I deemed it my duty to say to him that my presence at the ceremony would have no legal effect. I showed to him that under article 389, Consular Regulations, the minister is not authorized to perform the ceremony, or to witness it officially, and under article 390 he could give no certificate whatever. I pointed out that under article 386, Consular Regulations, a consul might perform the ceremony, or it might be performed in his presence, and he could then issue the certificate that the Consular Regulations provide for.

As a result of this friendly and nonofficial interview, the wedding was postponed, and the parties journeyed to Tien-Tsin, to be there married by or before the consul.

My action provoked some comment. Several cases have occurred in China wherein the parties were married by a clergyman with no Government official present. Other cases were cited in which one of my predecessors attended marriages that were thus solemnized. It is on this account, and because marriage questions are of the highest importance, that I bring the matter to your consideration. It seems plain to me that as a wise precaution, and in order to avoid any possible future trouble, marriages between Americans in China should be performed in the presence of the nearest consul.

While entertaining this view, I do not pretend to say that the courts might not hold a marriage valid when the ceremony had been performed by a clergyman, or even in cases where there was no ceremony at all, if cohabitation and public recognition of the conjugal status existed; nor do I pretend that I have any official right to dictate to parties how they shall be married; but the minister must be careful that parties are not misled by his silence or his presence at the ceremony of marriage.

I have, etc.,

CHARLES DENBY.

No. 1151.]

Mr. Denby to Mr. Blaine.

LEGATION OF THE UNITED STATES,

Peking, August 20, 1890. (Received October 6.) SIR: I have the honor to inclose herewith a translation of the reply of the foreign office to my last communication on the subject of the Chi-nan-fu troubles, a copy whereof was inclosed in my dispatch No. 1146 of the 11th instant.

The yamên reiterates its refusal to pay any compensation to Rev. Gilbert Reid. It says that it repeatedly directed the Shan-Tung au

thorities to assist the missionaries in finding another tract of land. It sets forth in full a communication from the governor of Shan-Tung ou the subject. The governor says that the money paid by the missionaries was recovered and deposited with the magistrate; that the missionaries refuse to receive it; that a large tract of land was purchased by the missionaries, and, although the people objected, they now have it in possession; that the United States minister repeatedly represented that the missionaries were willing to accept any suitable land and did not insist on any particular lot; that the deed to the original town lot should be returned and the matter brought to an end in order that good feeling may exist. He begs, in conclusion, that the minister be requested to so instruct the missionaries.

The yamên further observes that the acquisition of this large tract of land enables the missionaries to carry on their good work, and that yourself and I will not fail to rejoice thereat; that the property should be taken as a settlement of the whole case. If the missionaries still desire to hunt for other property and claim indemnity and press the matter, although the authorities can not accomplish their wishes, there is reason to fear that the populace will cause trouble, and that they will lose the property they now have. The yamên hopes that the minister will accept this view and will so instruct the missionaries. It denies the statements made as to the death of the landlord.

All this is simply a repetition of communications that have been repeatedly sent to me.

Under your instructions, I shall not abandon the case, though it seems useless to press it at present. I shall wait until, by the efforts of Mr. Reid, some favorable turn takes place at Chi-nan-fu or some other desirable occasion arises to renew negotiations.

I have, etc.,

CHARLES DENBY.

'Inclosure in No. 1151-Translation.]

The Tsung-li yamên to Mr. Denby.

AUGUST 17, 1890.

YOUR EXCELLENCY: Upon the 8th instant the prince and ministers had the honor to receive a communication from Your Excellency, wherein you stated that you were ordered by your Government to bring to their attention again the missionary case at Chi-nan-fu, and you begged that the yamên would order an immediate settlement to be made on the lines indicated by Your Excellency.

With reference to the case in question, during the eleventh and twelfth moons of last year (December, 1889, and January, 1890), the yamên had the honor to receive repeated communications from Your Excellency having relation to it, to which replies were made setting forth the circumstances, all of which is a matter of record. As to the question of paying an indemnity to the Rev. Gilbert Reid, this was clearly explained in the yamên's previous note (January 18, 1890), a reference to which will enable Your Excellency to know the yamên's views, and there is no need to repeat them here.

In the matter of searching for and leasing other property, the prince and ministers have to say that, in view of the repeated requests made by Your Excellency, the yamên addressed several communications to the Shan-Tung authorities to render assistance to the missionaries in finding a place. The yamên has now received from the governor of Shan-Tung a communication couched in the following language: "In case of the leasing of house property by the Rev. Gilbert Reid from Lin Mêng Kwei, a long time since instructions were issued to the magistrate, who clearly investigated the matter and brought it to a close. The money paid by the missionaries was recovered and deposited in the treasury of the magistrate. Mr. Reid has been urged frequently to take back the money, but up to the present time he has failed to do so. In the jurisdiction of the Li Cheng district another large piece of

property was purchased by the missionaries. The gentry and people of the place, however, came forward and offered objection to the missionaries having the place, but the magistrate used various ways to explain and to show them the right way to pursue, and the property was decided in favor of the missionaries. His Excellency the United States minister repeatedly stated that the missionaries were willing to accept any suitable place that may be satisfactory to the authorities, and that they did not insist on any particular spot. In the matter of the tract of land which the missionaries have acquired, the gentry and people have listened to the admonitions and orders of the officials, and they will not create any further trouble. The missionaries should return the deed of the original property to the magistrate for cancellation and receive the amount they originally paid, and thus bring the case to a termination. Then it may be hoped that harmony and good feeling may be promoted among the missionaries and populace and nothing occur that may tend to produce a discordant feeling. The governor begs that a communication be addressed to the United States minister requesting him to instruct the missionaries to lose no time in acting accordingly."

In the matter of the missionaries acquiring property, the prince and ministers would observe that the authorities of Shan-Tung have, during the last few years, spared no amount of trouble and pains, and they have not shown a want of diligence. The desire of the missionaries to carry on all their good work has (by the acquisition of the large tract of land) been fully accomplished in accordance with their wishes, and still they have retained their reputation and honor. Your Excellency, who has from first to last been actuated with a desire to protect the missionaries, will also feel comforted and consoled, and the Honorable Secretary of State, on hearing of it (the property the missionaries have acquired), will not fail to rejoice. This property can easily be taken as a settlement of the whole case.

If the missionaries still desire to hunt for other property and claim for the payment of an indemnity, this will show that they are biased and prejudiced (in favor of selfinterests); and if they show a persistent desire in pressing a matter that is hard to bring about, without taking into consideration the fact that the authorities of ShanTung can not possibly accomplish their wishes, there is a great fear that, if the populace should hear of their action, it will cause them uneasiness, and the very property which the missionaries now have may be taken as a pretext and further complications follow. Such an event would be decidedly at variance with the views of the yamên and of Your Excellency to give full protection to the said missionaries.

The prince and ministers hope that Your Excellency will clearly and minutely point out to the missionaries the right way they should pursue and to lose no time in instructing them to hand over the deeds (of the original property) to the authorities to be canceled and to receive the money they expended. Then in future there will not be any pending question of a difficult nature.

As to the death of the landlord, who was very ill, it should not be said that his demise was the result of cruelty and maltreatment. The statement of the missionaries to that effect is one which the prince and ministers decidedly can not give credence to. Further, as to the proper matters of business incumbent on the local officials to perform there, the yamên need not inquire about.

A necessary communication, etc.

No. 1153.]

Mr. Denby to Mr. Blaine.

LEGATION OF THE UNITED STATES,

Peking, August 21, 1890. (Received October 6.) SIR: It is known to the Department that in the year 1887 Mr. Little, a subject of Great Britain, built a small steamer for the purpose of navigating the Yang-tse between Ichang and Chun-Khing. This intention was based on the Chefoo agreement of 1876, wherein it was stipulated that

British merchants will not be allowed to reside at Chun-Khing or to open establishments or warehouses there so long as no steamers have access to the port.

This clause is, in its terms, rather indefinite. Sir Thomas Wade said that it was so made intentionally, but English merchants claimed that it was an implicit agreement that steamers might ascend to ChunKhing.

When the steamer was nearly ready to make the attempt to go up the

river, the British minister deemed it advisable to procure the assent of the Imperial Government before making the proposed voyage. Negotiations followed, but the local objections were so great to the use of steam on the river that the yamên delayed granting the permit. It occurred to the Chinese that a way out of the difficulty would be to buy outright the steamer Kuling, which had been especially built to ascend the gorges. But this scheme was seen to be a mere makeshift, as it would deter no other British subject from entering upon the same enterprise and could not do away with the Chefoo agreement.

Inspector-General Hart was called in as an arbitrator. He proposed that steam should be excluded, but trade might be carried on in native boats. The British foreign office approved this compromise, with the understanding that the Kuling should be bought, and that Little should be compensated for his loss of time. Sir Robert Hart was empowered to offer to Little 120,000 taels for the purchase of the steamer and godowns and for his compensation. This offer was accepted.

Finally a new agreement was made, of which I send you inclosed a copy.

By the articles agreed on Chun-Khing becomes an open port; the English may hire Chinese boats or build and use boats of their own after the Chinese pattern; they shall be subject to the general trade regulations prevailing on the Yang-tse; the boats shall be provided with passports and shall be subject to the supervision of the customs taotais; as soon as Chinese steamers ascend the river English steamers may go up; the convention shall be as binding in all respects as the Chefoo convention.

I have, etc.,

CHARLES DENBY.

[Inclosure in No. 1153.]

Chun-Khing convention.

ARTICLE I.

Chun-Khing is hereby declared to be an open treaty port, enjoying the same privileges and similar in all respects to the other treaty ports in China. English merchants are permitted to trade between Ichang and Chun-Khing in all kinds of merchandise, and they are permitted to purchase or hire Chinese boats to carry their wares and cargoes. But if the English wish to build boats of their own, they are permitted to do 80 under certain conditions only. Those conditions are that they build boats only after the Chinese pattern, and that they employ Chinese crews exclusively.

ARTICLE II.

English merchants trading between Ichang and Chun-Khing, and employing boats for the transportation of their merchandise, shall trade in the same articles as they carry between Ichang and Shanghai, shall be subject to the same regulations as apply to traders between these ports, and pay duty according to the rules established for the trade of the Yang-tse ports.

ARTICLE III.

The boats shall be provided with passports, flags, and cargo manifests, all in due order. The merchandise to be transshipped to places above Ichang, as well as that going to traders in that port and Chun-Khing, is to be supervised by the customs taotai for Chuen-Tung and Chun-Khing, the commissioner of customs, and the English consul, which officials will also determine the rules that are to govern the transactions of merchants. They are also to take such measures for the revision of such trade regulations as may be found at any time insufficient or inadequate.