The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-02
The Chinese Etifct.


Tie Iaoutal OF Shanghae has sent the follow ing
despatch 70 the Treaty C0nsuls:-
Wing, the Taoutai, would inform the COnsuls that
on the seventh day OF the sixth month July &C. 1862
he received from the Board Of Foreign Affairs at
Pekin o despatch, stating:-
That the opening OF mines is strictly prohibited by
Chinese law and that hitherto the Chinese merchants
not permitted TO work them. Now, In the vcin-
y OF iientai and near the sea, since the opening OF
the place to foreign trade, Chinese and foreigners
scoundrels OF the Interior along with foreign wan.
derng vagabonds, should secretly dig for mineral
wealth and acquire riches, not only would it be a
10 be feared that 1t would easily give rise quar-
rels, wherefore the Board Of Foreign Az
fairs writes to each OF the foreign Ministers
resident ut Pekin requesting them order the Con-
suls ut al the open ports to act in accordance with
The prohibitions and strictly prohibit all foreigners
from proceeding thither; and the ''TsoOng-li va
men, or Foreign Board" also writes to the Com
tung province to order all the local magistrates
the ports 10 examine, and ut all the places formerly
Yielding gold, strictly prohibit all persons, whether
Chinese or foreigners from working for It, And If
any yillanous Chinese should secretly pursue this
business, then, according TO Chinese law. punish
them. And If any foreigners should engage In the
business, then order tile local magistrates along
with the Consuls, Immediately to prevent them.
Now rs Shanghae Is the common entrance for
foreigners should any of them get passports under
false preences or proceed without passports to the
northern ports, when Immediately along with the
Consul5, 10 prevent their engaging in this business
and the board also writes to act In conformity to
these orders.
the Consul requesting him 10 examine the foregoing,
ana hereafter II any wandering vacabonds without
should want TO repair TO iien-tai the Taouia
hopes the Consul viii Immediately prevent them
And when foreigners apply for passports, for sport
ing in the interior, he hopes the Consul VIII examine
clearly as To what business they are gong on, and
70 what place they are going TO hunt, and TO
have the place named i'm the passport before ali king
the seal aud il any foreigners without passports re-
pair 10 iien-ta aud places 10 dig for gold. and
anything happen IN the way of an uprising against
them, the Chinese magistrates cannot afford them
rha at fNra In
reply 10 this despatch.
Sntn day OF the 9th month, 2sth OF July. 1865.
we append circular letter which the United
states Consul General has addressed to the United
states Consus In China. The letter is interesting,
rs giving an authoritative view In the matter and
also "a showing what dinlcult questions arise In
China. There are about dozen different Con-
suls at Shanghae-for instance each with
colony OF his nationals to look out for. 1t is wonder
ful that with many jurisdictions few collisions
OF authority occur. Perhaps il Is because o Con
gress OF states can be had by simply calling meet
ing OF Consuls.
UNITED STATES ooNsULsrE GESERM,l
SHANGHAI, August 3, 1868. !
GENrLEMES-At O recent trial In the Court OF this
Consulate objection taken TO the jurisdiction on
the ground that the vessel in and upon which the
commission OF the offence was charged was foreign
one. This objection, so inportant In its bearing
has been heretofore taken before and has received
sanction la various quarters. Having given 1t much
attention, and arrived at conclusions on IT, and the
collateral questions involved, which seem 10 me
worthy OF support, and ~ the matter Is one OF in
teresi 10 our countrymen In China, have prepared
for your Information the following statement OF my
vlew5:-
on board American vessels within my district except
| when offences have been committed on such ships
by persons not citizens, jurisdiction OF which would
Ia port OF Chrlstendom be taken by the authorities
OF the country and not by the consular representa-
tive OF our country anu TO take jurisdiction over
Americans committing offences ON board ships OF
afh Offences
character that the local authority in port OF Chris
| tendon would supersede that OF the Consul
NV general consular authority. ~ distinguished
from my judicial authority. Justhes me In taxing
/ jurisdiction IN ordinary matters OF discipline and
/ within NV district. Thls Is recognized au
1 thority allowed by the governments OF civil
/ Ded states TO consular oincers. ana Mhile NY
procedure In such cases is often conformed 70 pro
\ cedure at common law, rather than TO the inques
Or ONCE OF consuls al large, the difference is Incl
dental only and should not confuse our conception
| NV special authority re q judicial ofilcer witt
/ functions admitted aud directed by the treaty, 2!
/ alta or Congrees and DEGREES made IN pursuance
tlerCo Of vide treaty with China article eleven ana ~
act approved june ~, lS61h Justihes me "a sahin'
ursdl1 lon over all Americans committing Ouehce
m Chna either to follow the wording VI TIC treaty
con shore or IN any merchant ship
The jurisdiction Of the ir5t llnu, tnen, ~ ,na
which should have as Consul IN port o. Chrlsten
dom am 1. fully sanctioned by international prac
tees. Inc jurisdiction Of the second KIM - special
.ATatelftorAl and personal, and = authorized Db
aaty VIII ihc government affected and by statute
mace IN accordance herewith.
but y frequently happens that persons nor GU
zens u Tue nied States, take passage on or belon
" we crews Of cur ships. II tlese commit onence
81 gratc Character by whom should they be deal
y u ufge1 ~ some that the Consul Of the ship ha
authofy y ny AMI determine all cases arising on
SLIP q biz country ~ the waters Of CHINA.
lhs proposition seenq IL mo it,adulssible, be
| caaat-tlIst' 10 90 80 would b. 10 exercise TER
oriM authority where NJ authority VI the sort exists
No nation claims the right 81 exercise jurisdiction
over tue citizens or SUD Gets Of another In matters
ordinary concern unless such Uera MS are within ~
? territorial sway snip on Tue Dlg sess 10 periecu