No. 167.
Mr. Seward to Mr. Cadwalader.

No. 802.]

Sir: I have the honor to transmit to you herewith a copy of a letter which I have addressed to the legation, covering an identical note from myself and several of my colleagues to our respective superiors, in regard to the neutrality of the foreign settlements in China and Japan in case of war, and to the immunity of our commerce.

I am, &c.,

GEORGE F. SEWARD,
Second Assistant Secretary.
[Inclosure 1 in No. 802.]

Mr. Seward to Mr. Williams.

No. 391.]

Sir: The Tautai lately visited rue, and I believe the English and French consuls on the same day, and in conversation raised the question, how far the neutrality of the foreign settlements here would, in case of war, be guaranteed by the foreign powers. In consequence of this visit I consulted with the British, German, and French consuls, and we have agreed to transmit severally to Peking, a letter which has been drafted by Mr. Medhurst, and which, as I wrote yesterday in a private note, went forward yesterday to Mr. Wade, my draft being at the moment in the hands of M. Godeaux.

I have brought the subject of this draft before the Tautai, and at a later moment Mr. Medhurst has communicated the same to him in writing. I understand that the Tautai was to send forward the draft furnished to him by Mr. Medhurst by yesterday’s steamer.

My colleagues appear to fear that the Chinese will attempt, in case of war, to sink ballast-laden hulks upon the bar at Woosung. As our treaty provides for the immunity of our commerce in case of war, that is to say, on the Chinese side, I imagine that the strongest protest could be made against the proposal, which, moreover, is discountenanced, I think, by the feelings of the civilized world.

As my colleagues are disposed to believe that, notwithstanding our treaty, the Chinese in exercise of their right of self-preservation could not be greatly opposed in thus obstructing the bar, I suggest that this question should be considered by you.

I shall send a copy of the draft-letter inclosed to Mr. Bingham.

I have, &c.,

GEORGE F. SEWARD.
[Page 340]
[Inclosure 2 in No. 802.]

Draught of an identical note to he sent by each consul to his ministerial representative at Peking.

Sir: The probability of a war between China and Japan having of late attracted much attention, and the possibility of such a contingency not having by any means passed over, it has occurred to myself and some of my colleagues to consider what would be the position of the foreign settlements of Shanghai in such an unfortunate event, and how far it would be expedient to adopt such precautions as may render that position a comparatively safe one.

It does not need any extraordinary foresight to predict that Shanghai, from its importance as a commercial center, and from its proximity to one of the few arsenals which China possesses, will become a focus of attack in case of hostilities being declared, and in that event the foreign settlements will at once be exposed to extreme danger, inasmuch as they stand (that portion called British more especially) exactly in a quarter where any outworks necessary to cover the city from hostile approach by the river must be constructed. No move has as yet been made by the Chinese toward the utilization of this strategical position, but they may at any moment see fit to occupy it; and should they do so, and hostilities supervene, the consequences to neutral life and property may be very serious.

The conclusion appears to myself and colleagues obvious, that, if such a sacrifice can be in any way averted, no effort ought to be left untried to accomplish it; and the alternative we would venture to propose is, that advantage should be taken of the presence in Peking of a Japanese minister plenipotentiary to negotiate for the neutralization of the ground covered by the foreign settlements, and a stipulation that nothing shall be done on either side to endanger the safety of the residents therein or of the property in their keeping.

The Taotai of this place, it is believed, will be quite willing to give his consent to this proposition, and I beg to submit it to your excellency, in conjunction with such of my colleagues as are more directly interested, and each of whom has addressed an identical note to his minister, in the hope that the scheme may meet with your favorable consideration.

I may refer here to the twenty-sixth article of the United States treaty with China, which provides for the immunity of American commerce in case of war, and to suggest that such further negotiations may be undertaken with the Japanese as will render this provision operative as far as they are concerned; and in this connection it may be mentioned that the Chinese are likely to obstruct the Woosung Bar in case of war unless some means are adopted to prevent them from taking this course.

Various and serious questions, it must be confessed, will be involved in the adoption of the proposed measure, but as these must of necessity occur to your mind, and their discussion scarcely comes within my province, I prefer to submit the simple proposition free of all argument or remark. My colleagues agree with me that it is also beyond our province to propose that any arrangement arrived at will embrace all the foreign settlements in China and Japan, but it may not be amiss to point out how obviously desirable such an extension would be.