The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-28
The Mission to China-Hon. Humphrey
Marshall.


Marshall.
Perhaps in no respect lie the importance Of our
acquisition on the Pacifc-the great State of Cali
foma-more f,ls than in the illimitable field which
it has thrown open to commerce between China and
the United States II is not only to the auriferous
sell of California that we Iook for wsath-her hsr
bors are the entrepots of q commerce which win
son make US the almost undiputed carriers Of the
wealth Of the Indian ocean The majestic clipper
ships-some of them over 1000 tons-which are
almost daily leaving this port bring home to the
realization Of trade the extent Of which only DO
measured by the capacity Of our ship builders to
furnish the necessary vessels 1t is new era-a
peaceful revolution which will shake Europe to Its
CENTRE with a power irresistible in itself--over-
wbe'ming in its consequences.
The direct trade of the United States with China
has till of late years been of comparatively little
Importance The restrictions of he old navigation
laws Of England, which prevented foreign vessel
from taking to that country cargo not the growth,
product or manufacture Of the nation to which the
stip belonged acted a check upon the enterprise
Of Amercan vessels by giving English bottoms the
advantage of the indirect trade as it was termed,
The abrogation of the British navigation laws and
the consequent removal Of this restriction the
first step in opening the trade to our merchants.
The golden discoveries IN California, by opening
trade to that region, was, however, the great incen
tive to the enterprise which has filed the Pacific with
our ships vessel loads now for California; there
she discharges, and takes freight for China; ar
irving there, abe receives her cargo Of tea, and,
coming home by the way Of Europe, takes adyan
tsge Of the markets Of Great Britain, aud if it is
Desirable sells her tea there, and is enabled to take
a still different freight for the United 8 stes.
Under these circumstances, the Importance of our
having minister in China, clothed with diplomatic
powers, p'enipotentiary, ut once suggests itself
The President in h 8 last annual message, recon.
meLded to Congress that the commissioner to China
should be placed on the same footing with other
ministers. Congress responded to tina. recommen-
dalton, by making Mr., Marshalrs outfit and
salary eighteen thousand dollars. The office Of
commissioner is not exclusively Of diplomatic
character though the person holding it s charged
with diplomatic functions. Our ministers abroad
are appointed by and with the advice and consent
Of the Senate, and discharge such diplomatic duties
only as may be devolved upon them by instruction
flom the State Department The commissioner to
China has duties prescribed by Law, in addition to
instructions he may receive from the State Depart
ment-dutes which bring him into correspondence
directly with Congress, and require him to exercise
powers appertaining to every department Of GO
vernment. Thus, he is a judge in Of contract
sounding in damages over $500, when either party
may appeal from the decision Of the consul and
jury who try ID case in the first instance or when
imprisonment may be imposed upon al American
citizen extending over ninety. days, or o fine ex-
ceeding 800 may be imposed upon delinq tent
H.. -.
the laws of the United States operative in China
in certain contingencies, By the simple publication
of his own.decree to that effect He is required to
frame the style and form of process for consular ia
dicial proceediDgs-the manner Of appointment anj
compensation of those who execute 1.-THE manner
of conducting trials before consuls in China
the costs of proceeding-the fees which may be
charged for service-the forms Of trials and j1dg
ments and the means of enforcing the execution Of
such Judgments, we'll the grounds for granting
trials where error has been committed in fle,
TO erect system and judicial establishment, and
TO spperintend it's operation. Cases Of murder are
tried before the consuls BY uries summoned TO try
the offender, and the result is submitted to the com
missioner, who may confirm or set aside the fading
II he approves it, he may order tie exe,utioa Of the
culprit; may reprieve him, or may remand him aud
his case to the Presiden. for pardon. The cos-s
collected in the consular courts directed By law
to be RENTED TO tho commissioner, who is TO re
port to Congress, annually, the difference OF re-
ceipts and expenditures.
1t will at once be seen that these powers are more
extensive by far than the usual powers conferred ca
foreign ministers; but owing to the distance Of China
from Washington, they seem to be necessary to az
energetic administration Of American affairs under
the treaty. These powers can only operate on
American citizens in the dominions of China the
control and regulation Of whom is reserved by our
government, and entrusted to tho commissioner.
Independent Of these powers, which are conferred
by law, the commissioner may be charged with such
functions q diplomstst the necessities or the
policy Of the country may suggest TO the President
to be proper; and the Importance which Congress
has conferred the Office, by raising its enolu-
ments TO that Of the highest mission kncwn to our
government, evidently suggested TO the Executive
The expectation Of that body that Mr.. Marshall
should be given ample powers to negotiate FOR the
interests Of our commerce. The growing trade be- |
.~een China and the United States makes this dis
ant mission Of great concern to the 90 nmersia
interests Of this country.
Mr. Cwhisg's treaty wac made In lS43, Ut tie |
erge Of the empire, and With no further kno Wedge
n our part than tEd been acquired by q trade at
anton, under the old system Of the hong. Ttspro-
1sons are well enough fer it secures for us al that
sher nations may acquire. Yet we apprehcnd that
;hna has not executed the treaty according 70 It's
pirt, for We understand that the gates Of Canton
ave net been opened to our people, though the Ave
'or's q anton, Annoy, Foocbowfso, Ningpo, and
'hansh were to be free, BY express treaty stipa-
alton.
IN 10 'r 1856 the treaty IL To b reviewed and
'nended' It's 70 be hoped that The commissioner
'iii hav' become sufncisntly acquainted with the
interests q shs tS0 countries md BY study esthe.s