decrees, etc.

consuls; the mode of executing and the time of returning the same; the manner in which trials shall be conducted, and how the records thereof shall be kept; the form of oaths for Christian witnesses, and the mode of examining all other witnesses; the costs which shall be allowed to the prevailing party, and the fees which shall be paid for judicial services to defray necessary expenses; the manner in which all officers and agents to execute process, and to carry the act into effect, shall be appointed and compensated; the form of bail bonds, and the security which shall be required of the party who appeals from the decision of a consul; and, generally, without further enumeration, to make all such decrees and regulations from time to time, under the provisions of the act, as the exigency may demand: and all such regulations, decrees, and orders, shall be plainly drawn up in writing, and submitted, as above provided, for the advice of the consuls or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto; and after taking such advice, and considering the same, the minister may, nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the opinions of his advisers inscribed. thereon, make it become binding and obligatory until annulled or modified by Congress, and it shall take effect from the publication or any subsequent day

thereto named in the act.

Publication of 138. All such regulations, orders, and decrees shall, as speedily as may be after publication, be transmitted by the commissioner, with the opinions of his advisers, as drawn up by them severally, to the

Secretary of State, to be laid before Congress for

revision.

139. The high powers conferred by these and other Cautionary inprovisions of the acts referred to, are to be exercised, junctions. after careful deliberation, with the utmost discretion; a thorough study of the instructions, in the preceding chapter, on the "judicial authority of the commissioner or minister and of consular officers of the United States in China and Turkey," is specially enjoined upon all officers exercising such functions in those countries.

140. It is of the utmost importance to the inter- Observance of ests of the United States in China, that the stipula- the treaty. tions of the treaties should be carefully regarded, and all violations thereof, either by our own citizens or by the Chinese, repressed or prevented; and in all controversies between them, growing out of commercial or social intercourse, justice should be promptly and impartially administered.

141. A rigid observance of the faith of treaties Sanctity of is appreciated by all mankind, whether civilized or treaties. savage, and consuls cannot be too vigilant, both by their authority and influence, in their efforts to impress upon our countrymen in that distant region the necessity of regulating their conduct toward the natives by those great principles which bind nations together in bonds of mutual peace and harmony. A trifling individual advantage, unfairly obtained in our intercourse with so jealous and suspicious a people as the Chinese, may do essential injury, for years to come, to the character of our country, and its great commercial interests.1

142. In the present agitated state of China, the

1 Instructions to Commissioner Everett, MS., April 15, 1845.

Vigilance joined.

en

Local difficulties.

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

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 citizens. officers, respectively, will notify them that it is stip

by American

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.

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