The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-12
REPLY OF COMMISSIONERS n ARsHALL.
LEGATION OF THE UNrKD STATES OF AMERICA,

En SiAsGHAK Sept. II, 1858. +
Gnsnnrs-I have received your communication dsts1
cops srsd contents, with the respect due their
source.
tect interests Of ceuntrymsn in this blatant
pire 70 consistently oan you accord to my CON
duet more than justice But At ths time owe
obligations OF duty to the government Of the United
States which require keep pri narv in view the
nstona in preference to any individual interests Con-
sulting my own sense of public duty, must decline
rent to that line of actn which you wish to pursue
| the exiting state of afsi IRIS at Shanghas
he's driven the Chinese fsm his most and
has destro ed The Custom house. Imperial authority
no Logger exists at shanghae and therefore you should
be derived from considering Shanxhas q free port; in
other terms that you should he permittsd to import and
by the ay between China and the United States and
without being calea on by the Consul Of the Unitd
thereof when dsInxnd.d by the Chinese government
through its Super intendent Of Customs.
understand you distinctly while advancing the above
proposition, At the same time to declare your disnc
nation to evade any just claim which China may have
upon you the opinion of the public authorities Of
own government Therefore will accept the views
shall present directed against the soundness Of
the proposition and not impugnpg your conduct for
am gratiRed to believe that you will gooe citizens
conform to whatever regulations your government may
think proper under the cir sumsta noes.
It an admitted maxim of the public law, that 60
venment which permits rury to its citizens to foreign
nation In s body Of MEMBERS does sss injury TO that
nation than the itself inflicted he injury
tonsd by the government is the though IT
act Of government and mankind will hold the United
public law, that sn nAtons under q strict oblga-
ton to cultivate justice towards each other to observe
that may violate H. Each ought to render TO the others
what belongs to them to respect their rights and to
leave them in the peaceful enjoyment of them y
If these maxims constitute the rule when nations
not bound to each other by any special compact how
much shall the rights Of nation be observed when
there exsts special contract defining them the
hand, and expressly undertaking to observe them the
other The treaty between China and the United States
sought ty the former indeed this government
entered reuatantiy for it was contrary policy
org cherished essensl the safety of the govern
ent and the happiness Of Its subjects By that treaty
tradekey permitted to reside here with their
families for that purpose-to build hoases, and to be
to be paid imports and exports adapted to the
most liberal scale much less restrictive indeed than in
For these privileges grants the United States abso
LATELY and guaranteed that their citizens
trading here should pay the duties BY the t.
rf-penaltes provided to be imposed the citizen
who violates the law-And the manner in which China
would collect the duties prescribed But that
snner cannot be pursued becsuse Of disturbances
created by insurgents who have threatened the life
the Chinese Superintendent Of Cstoms that he is afraid
publicly to discharge his official functions But you all
know he neither dc id has he left this vicinity The
treaty is not dead-for II it were should have bust
ness here your country privileges you safety for
ties to the cont act survive the invasion Of shsnghss By
Il horde which now hold it in possession.
gether you may avail Of the idea that the
imperial authority Is "non existent here in order to
advantages Of free port by shipping of oarsess Of teas
and SILKS provision for the payment Of duties
must accept the Sorrsstivs proposition that the
protection in persons properly in this port Can
ignore the Emperor and his government while am
pireY Shall the treaty at Canton and violate
tshanghaea Suppose the insurgents in Shanghas
break into your warehouses, burn your dwellings,, NAL
treat .our families and plumber your property are yon
prepared to consent to the conclusion that you
If you want to take advantages on the one hand,
you must be prepared TO bear lesses on the you
would venture the millions Of property hand in
this market upon such abandonment OF the treaty,
for the purpose Of saving acquiring few thousands
Of dollars in duties yen may, when shall be too late
ind that your construction of countrys 0bliga
ons and those of China has relieve both governments
gu claim on your parts for any ind nifty.
BEEN a n0s
your personal security invaded your property seized
,, lawess persons whe, any such occurrence trans.
pres, claim for protection from China viii be oppor
tame and the protection guaranteed by the treaty will
then be found in the ability Of China indemnify
the demand for your benefit.
fit be your idea that tho treaty imports obligation
in tranquility in order that foreign merchants may have
good markets and high prices for their imports you
would extend the sgniicatoo q that instrument much
Such construction has been given to any treaty
in the civilized world, and presume never will be
pay duties according to the treaty. Who to be bens
fitted BY the success Of such project? II you do not
must pay them in the interior and the prices Will rise
by the amount Of the duties. The American consumer
will never be benefited BY the operation-your csrre
vantage.
fancy any reason for anxiety upon such pro-
effect Of such course Is you propose would be, fear,
to expose Il United States to the charge Of being
troed BY sordid calculation and to cause the Chinese
aoff
States - valuable vaueess according to the oPporu
mites ou eountrymen might have Of proAt or los and
not according to q sense of moral obligation
Your next proposition is, that shsl at least subst
tute Other regulations for those published BY the Vice
have considered the objections to those regulations
which you have and they are not sufficient to
win not proons this letter by entering on discus
sion Of the minute OF those rules but will observe that
the law preeumes consul to be f.ir and honorable
man-the President appoints merchant to the office
and cannot in the abisnce Of eli evidence Of abuse
of his official position alter the rules de emsd requisite
to efficient discharge Of his official functions merely
because he merchsnt The to be taken by the
Vice & nsu the subject Of consultation with me-
Ard am unable to see in the rules ne has iopted such
and my only object is preserve the line Of conduct
erred you cannot suffer- for shah pleasure In sub
hitting 70 the consideration of the President of the Uaed
order that own views may be confirmed corrected
BY his more experienced judgment With great resp c
i am, &C., HUMPHREY MARSHALL.
Messrs Smith, King l. CO.. wetmose Co.; August
Heard Co.; Bull, Nye Co.
THE REVOLUTION.
Our advices from Hopg Ko the 11ta OF October
The China s i'm portant, the insurgents bee, me
asers Of Shanghai the 7th of September before
reported in the HERALD and organized plans said to
be In existence for simultaneous rise in Sunkeapg
chow Tae Tsang, and other places The natives say
that Shanghai the soul of Keang and that
ing lost the whole province may be considered gomez
The rebels in Annoy still hold the island against the i'm
perslist feet Canton threatened, and there was
little doubt but that would have changed masters be-
fore the despatch OF the next mail The naval forcs
the i'm perslists to be around
BLAND OF Annoy. One tenth Of them it is said would be
TO overpover the rebel eet in the inner harbo
Only once such attempt bas been made and,
that occasion, Of the impersist adiras is said
to have displayed considerable courage but TO have
been altogether unsupported The land forces do not
pretend to approach with in rebel troops
and the principal sufferers from the three weeks fighting
before AmCy have been the non com hat A afr