The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-04-03
Messrs EMERY and FRAZER.
[coPr.l
UNITED STA


Macao, august I3, 1874.
GENTLEMEN ! have received your communication
Of the 9Th instant written before the delivery of my
letter of the 10TH and which dspenses with the ne
cesslty of any reply to the latter your part, it
gives in full the desired information.
Upon the facts stated by you, do not see that it
is in the power OF the Government of the United
States to maintain and protect your establishment
at Tseen-shah-suy.
Prior TO the conclusion Of the treaty Of Wang Hya
citizens of the United States had possesst no rights
of establishment IN China except such as we're vol
unfairly conceded to them by the Chinese Govern
ment, and defined in the proclamations of the mpe-
rial Commissioner, which opened to all foreign ma
tons access to the five ports on the terms secured to
the English by the treaty of kiang Nan and its sup
plement.
Under the treaty of Kiang Nan, your establishment
could not be maintained without the of the
Chinese GoverDmeDtD except as dependency of
Hong Kong, and | find that the Government OF Hong
Kong have refused to assume the projection of the
works at Tseen-shah-suy.
The privileges Of American'citizens in China have
been greatly extended, and placed on basis of per-
mancnce and security, by the late treaty of Wang
Hiya.
That treaty confers citizens of the United States
ample rights of access TO and r,sidence in The five
ports; but it does not authorize and indeed express
y excludes, the establishment of Americans at other
points on the coast OF China.
The works at Tseen. shah-suy may be regarded
either as merely Temporary, as the commence ment
OF permanent establishment. In either point of
view, 1t requires the consent of the Chinese Govern
ment to make the works lawful. This consent is re-
fused by the Comm issoner in terms positive and
he so earnestly invokes the faithful fu flment of the
obligations of the United States this respect that
cannot but think he apprehends, from the favora-
bleness oil the locality, that II your business cuntin-
ues to go on there for any length of time, Tseen-s
suy will become a foreign settlement. At any rate
such IS the tenor OF the representations he makes on
the subject that entertain doubt of his dete min
alton not to permit you TO remain.
he honor and good faith of the United States are
involved in the due execution of the treaty of Wang
HYa; and it would be especially injurious to the
interests of the United States, and its tzens gel ne
rally to proceed TO nfractions of the treaty even be-
fore It has been ratified by the Emperor
think, therefore, that alternative remains to
you, but the removal of your works to some other
place.
! regret exceedingly TO be compelled to come to
this decision on the subject, perceive the enter
prise to be one of great general utility, we'll as
promising one to yourselves individually.
1t will give me great pleasure, meanwhile, to apply
TO The Imperial Commissioner in your behalf, for the
purpose OF obtaining reasonable time in which TO
make the removal and in consideration of the fact
that you have been deceived and mlsled by Chinese
on the spot, pretending authority to lease the lands
and grant permission to 90 with your works there
presume can obtain such delay for you on g,yiov
suitable security that you will remove at the End of
stpu ated period of Time
am, very respectfully, your obedicnt servant,
G. CUSHING.
Messrs. Emery and FRAZER.