Vigilance en property of our citizens and their rights are probably joined. in unusual danger; consular officers will therefore be vigilant and active in affording them all the protection within their power.

Local difficulties.

143. The nineteenth article of the treaty of 1844 stipulates, in regard to citizens of the United States, that if their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the consul, will immediately despatch a military force to disperse the rioters, and will apprehend the guilty individuals, and punish them with the utmost rigor of the law. These stipulations should be strictly observed; and whenever a riot shall be apprehended, a requisition should be made by the consular officer on the "local officers" for "a military force to disperse the rioters." If, after such a requisition by the consular officer, the local officers should refuse or neglect immediately to despatch a military force to disperse the rioters, the Chinese government would be responsible for all the injuries resulting from this neglect or refusal. If the property of American citizens should be destroyed in consequence of a failure on the part of the "local officers" to perform this treaty obligation, the Chinese government would be bound to repair the loss.2

Violation of 144. In case of the violation of the Chinese laws in

Chinese laws regard to imports by any of our citizens, the consular

by American

citizens.

officers, respectively, will notify them that it is stip

ulated by the thirty-third article of the treaty, that "citizens of the United States who shall attempt to trade clandestinely with such of the ports of China as

1 Statutes at Large, vol. viii. p. 596.

2 Instructions to Commissioner Everett, MS., June 28, 1847.

are not open to foreign commerce, or who shall trade in opium, or any other contraband article of merchandise, shall be subject to be dealt with by the Chinese government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Empire."

enue laws.

rev

145. Consular officers should cause it to be clearly Observance of understood, both by Americans in China, and, so far Chinese as it is possible, by the Chinese themselves, that the government from which they derive their authority has no disposition to encourage, and will not encourage, any violation of the commercial regulations of China by citizens of the United States. They will state, in the fullest manner, the acknowledgment of the government, that the commercial regulations of the Empire, having become fairly and fully known, ought to be respected by all ships and all persons visiting its ports; and if citizens of the United States, under these circumstances, are found violating well-known laws of trade, their government will not interfere to protect them from the consequences of their own illegal conduct.' The important act of Coolie trade. Congress, approved February 19, 1862, "to prohibit the 'Coolie trade' by American citizens in American vessels," is commended to the special consideration of all consular officers in China. It is fully expected that they will carefully see that its provisions are strictly observed, and, in case of the violation of them, in any case, that they will take the requisite steps to

1 Mr. Webster's instructions to Mr. Cushing, May 8, 1843.

Commercial restrictions.

Consular dis

cretion.

Injunctions.

enable the Department to prosecute and bring to punishment the offenders.

146. In the present condition of China, it is believed that the United States consular officers may do much by the exercise of a prudent, though firm and independent, course of conduct, to remove some of the onerous commercial restrictions existing in China, and obtain increased facilities of intercourse, not exclusively for the citizens of their own country, but to open the Chinese Empire generally to the commercial enterprise of all the civilized nations of the world. For the accomplishment of this object, consular officers will do what they can within their proper sphere of action. Nevertheless, all treaty stipulations with China must be respected, and the settled policy of the United States, of non-interference in the contests which arise between the people and their rulers, must be observed.1

147. The very great distance of China from the seat of government of the United States, the delay in receiving and transmitting communications between it and the United States consular officers, and the constantly changing aspect of affairs in that distant country, render it necessary to leave much to the discretion and good judgment of those who have charge of the commercial and other interests of the United States there.

148. Consular officers will, on all proper occasions, cultivate the friendly disposition of the Chinese people, avoiding as far as possible the giving of offence either to their pride or their prejudices. They will assure them that it is both the desire and the interest of the United States that they shall be prosperous, united,

1

1 Mr. Marcy's instructions to Mr. Marshall, June 7, 1853.

and at peace with foreign nations, and among themselves; that this country has no ambitious designs to accomplish in regard to them, no desire to acquire any of their territory; and that the greater and more prosperous they become, the more mutually beneficial will be the trade between the two countries. Their prosperity will be for the good of the United States, and whatever tends to impair it, a loss.

149. Consular officers may do much toward furnish- Diffusion of ining the Chinese people with correct and accurate knowl- formation. edge, in respect to the political power and commercial resources of other nations in comparison with their own, and in this manner lead them to entertain for the United States a respectful consideration. They may also induce the Chinese to adopt higher and more just principles in their intercourse with other nations, and thus these officers will advance the commercial prosperity of this country, whose interests in that distant region are in a measure entrusted to their care, as well as secure benefits and blessings to China.

150. In case a consul in China should find it neces- Absence and sary, for urgent reasons, temporarily to leave his post, appointment of with the consent of the President, he is authorized

to appoint, with the approbation of the minister, some suitable person to act as vice consul, subject to the provisions of law and the regulations prescribed by the President for the government of consular officers.

1 At the date of the passage of the act of August 11, 1848, the United States were represented in China by a Commissioner; subsequently, however, the office was made a full mission, and an Envoy Extraordinary and Minister Plenipotentiary appointed. For recent treaties of Russia, France, and Great Britain, with China, see Executive Document, 36th Congress, 1st sess. pp. 387, 395, 409; and for the last treaty of the United States with China, Statutes at Large, vol. xii. pp. 71–78.

a vice consul.

CHAPTER V.

Northern conquerors.

Local jurisdiction.

DUTIES OF UNITED STATES CONSULAR OFFICERS IN

TURKEY.

151. In the early stages of the progress of the northern conquerors over Europe, they were accustomed to allow to such of the conquered nations as desired it, the privilege of being governed by their own peculiar laws and tried by their own magistrates.1

152. As the several European governments became consolidated, the conquerors and the conquered coalesced into one people, and their separate jurisdictions disappeared; the more modern idea now prevails, that each government is in general to exercise exclusive jurisdiction over all persons in its territory, with a few exceptions established by specific treaties, or by the customs of Christian nations. The old usage, however, remains in full force in the East.

153. In Mohammedan and Pagan countries each Christian State asserts for its subjects more or less of exemption from the authority of the local sovereign. Thus, at the present time, throughout Christendom, the general rule prevails that foreigners are subject, in all criminal and in most civil matters, to the local jurisdiction; but in Mohammedan and Pagan States, a different rule obtains.

1 See chapter ii. supra; also chapter iii.