No. 167.
Mr. Avery
to Mr. Fish.
Legation of
the United States,
Pelting, June 25, 1875.
(Received August 13.)
No. 71.]Sir.: I have the honor to inform you that on the
15th instant General Raasloff, the Danish minister, having completed the
special business on which he came to Peking, took his departure from this
capital, en route to Japan, to which country he is
also accredited as envoy extraordinary and minister plenipotentiary. Before
going he addressed to his colleagues of England, Russia, the United States,
Germany, and France an identical note upon the subject of the joint action
had for the protection of the submarine-telegraph cables, asking them to
report what had been the instructions to and responses from their respective
consuls, conformably to the protocols of December 20 and January 27 last,
and intimating that he would have further measures to suggest. Doubtless his
main object was to ascertain what steps had been taken by the English
minister and French chargé, whose earnestness in the business be thought he
had reason to doubt; and indeed there does appear to have been some
hesitancy and lukewarmness in following up the agreement entered into under
the protocols mentioned. The Russian and German representatives had sent
satisfactory instructions to their consuls, and were willing to co-operate
in such further measures as might be necessary; but they doubted their power
to issue the specific regulations which they thought General Raasloff
contemplated, and were averse to lending themselves to what they deemed a
kind of pressure on two of their colleagues. They therefore urged the policy
of
[Page 353]
replying to General Raasloff in
an identical note, very general and guarded in its terms. Although I did not
have quite the same feeling in this matter as themselves, and was willing to
follow up in a decided manner the action already taken, I deemed it best,
for the sake of maintaining complete harmony, to join them in the proposed
note which I accordingly did, reserving for a separate communication my
independent views, and understanding that some of my colleagues would also
address General Raasloff in the same way. In this communication, after
sketching what has been done through this legation and various consuls of
the United States to secure favorable action by the native authorities, I
suggested what should be done to protect the cables against foreigners in
China, both on the part of our respective consuls and of the owners of the
cables. It seems to me there ought to be no difficulty in proceeding against
foreign trespassers on the cables, when committed within a marine league of
the shore, where they chiefly lie and are most exposed to injury. A recent
occurrence in the harbor of Hong-kong shows the necessity of the telegraph
company itself taking precautions that have been heretofore neglected. The
Great Northern Telegraph Company brought an action for $15,000 against the
owners of the steamer Yesso, which had dragged up the cable with her anchor
and cut it to free herself, under circumstances of some peril. The defense
set up, that the locality of the cable was unmarked, either upon the charts
or by buoys in the water, was held by the British chief-justice to be
sufficient, and the company lost the case. Heretofore the company has
purposely abstained from marking the localities of its cables in any manner,
through fear of attracting the attention of the Chinese, and inviting the
very acts of interference sought to be avoided. Since, however, the
government at Peking has accorded some degree of recognition and protection
to the cables, it is clearly safe and necessary for the company to take
those measures on its own behalf which are calculated to prevent trouble,
and I have no doubt they will do so.
I have been glad to co-operate with General Raasloff to the best of my
ability in the interesting object of his special mission, which he has
pursued with ability and success. His short stay in China has been marked by
two events of striking importance, namely, the recognition and protection of
submarine cables by the Peking authorities and the making of a contract to
erect the first land-wires for and on behalf of the Chinese government.
These are steps of decided progress.
I have, &c.,
[Inclosure 1 in No.
71.—Translation.]
General Raasloff to
the Minister from England,
&c.
Danish
Legation, Peking, May 26, 1875.
To the ministers from England, from Russia, from the
United States, and from Germany, and to the chargé d’affaires from
France, signatories of the protocols of 20th December, 1874, and of 27th
January, 1875, relating to the protection of submarine cables in Chinese
waters.
Gentlemen and Dear Colleagues: You are aware
that the notes which, in conformity with the protocols of December 20,
1874, and of January 27 last, we have addressed to the Tsung li Yamen,
as well as the applications which the consular officers of our
respective nationalities have addressed to the Chinese authorities, have
produced the effect we could expect from them: the Tsungli Yamen having
given the
[Page 354]
necessary orders to
the provincial authorities, and the local authorities having in
consequence of those orders issued proclamations which are more or less
satisfactorily worded, and through which those authorities explain to
the people of their respective districts, especially to fishermen and to
sailors, the special character and great importance of submarine cables,
and threatening with severe punishment all those who hereafter, by
injuring the cables, cause an interruption of telegraphic communication.
But you are doubtless also aware that, notwithstanding that undoubted
progress which is due to our efforts, we have not yet reached the end we
have set before us. Reports which I have received mention even the
much-to-be-regretted fact that one of the last in term options of
telegraphic communication between Hong-kong and Shanghai was caused, not
by ignorant or evil-disposed Chinese, but by the crew of a European
steamer, I am convinced that you would not, under these circumstances,
discontinue an action which has been so successfully started; the more
so, as there is every reason to hope that, by continuing our efforts, in
conformity with the programme which we adopted on the 27th of January
last, and which we embodied in the protocol of the same date, we shall
obtain more and more satisfactory results. I therefore consider it
incumbent upon me to propose that you will be pleased to communicate to
me the reports received from your consular officers in consequence of
the instructions you have given them, in conformity with the protocol of
January 27 last, namely, the last portion of that protocol, which reads
as follows: “In view of these considerations, the undersigned agree—
- “I. * * * * * * *
- “II. That conformably to the promise made to the Tsung li
Yamen, each of the signatories will bring to the knowledge of
the consuls of his nation, in the way that seems best to him,
the contents of the correspondence above mentioned between them
and the Tsung li Yamen, and give to those officers instructions
to put themselves into communication with the Chinese
authorities, in order to inform themselves of the measures which
may be adopted by the latter, and, in case of need, aid them
with advice; to inform their legations of what the Chinese
authorities have done; and to indicate the measures which may,
in their opinion, be useful and convenient for adoption to the
end in view by the consular and other foreign
authorities.”
With the view of enabling me to propose to you, on the strength of those
reports, the further measures which we had in view, and by means of
which we may expect gradually to approach our end—the efficient
protection of the telegraphic communication between China and the rest
of the world.
I shall with pleasure take charge of this little work, which appears to
me naturally to revert to this legation, but which I am equally disposed
to divide with others, if you should prefer.
Be pleased to receive, gentlemen, and dear colleagues, the assurance of
the sentiments of high consideration with which I have the honor to
be,
Your good colleague,
[Inclosure 2 in No. 71.]
Mr. Avery to
General Raasloff.
Legation of the United States,
Peking, June 9,
1875.
Dear Sir and Colleague: I have had the honor to
receive the letter, under date of May 26, which you were good enough to
address to my colleagues and myself, upon the subject of the protection
of submarine cables in the Chinese seas. While showing what steps to
this end have been taken by the Chinese authorities, you call our
attention to the necessity for the adoption of further measures by the
consular authorities, and you kindly offer to charge yourself with the
task of proposing such measures. I shall be happy, my dear colleague, to
continue my co-operation with you for the purpose which has been the aim
of the accord established between us on the question of the telegraphic
cables, and shall therefore receive, with all the attention they merit,
the propositions you may think best to make us on this subject. There
is, however, one observation which I think it is a duty to make, should
the measures that you contemplate he in the nature of a regulation, the
violation of which would be followed by certain penalties, and that is
that most of the accredited representatives in China do not possess the
powers necessary to establish, of their own authority, equal regulations
and penalties. It will be, then, only in a manner very general that we
can call the attention of our administrés to the
protection which is desired for the cables, and it seems to me that it
belongs to the telegraph companies, and particularly to the Danish
company, as sole owner of the cables in Chinese waters, to indicate the
measures which
[Page 355]
may contribute
to the security of those cables. It depends upon the company to take
some measures, but in so far as the support and co-operation of foreign
consuls shall be necessary, the consuls of the United States will always
be ready to accord it within the limits of their power.
I have the honor to be, my dear colleague, with respect and esteem, very
truly, yours,
His Excellency W. Raasloff,
Danish Minister.
[Inclosure 3 in No. 71.]
Mr. Avery to
General Raasloff.
Legation of the United States,
Peking, June 10,
1875.
Dear Sir and Colleague: I have had the honor to
receive your communication of the 26th ultimo, identical with one
addressed to my colleagues of Great Britain, Russia, Germany, and
France, on the subject of our common action for the protection of
submarine cables on this coast, and requesting us to acquaint you with
the reports of our consuls in response to our instructions to them,
conformably to the protocol of January 27, on the strength of which
reports you purpose to suggest such further measures as may seem
necessary to insure efficacious protection for the telegraphic
communications between China and the rest of the world.
Although the signatories of the protocol have replied to you in a joint
note, expressing their willingness to co-operate in such further
measures as may be thought practicable and within the limit of their
powers, I desire to address you separately, for the purpose of making
the following statements and suggestions: Under the same date as the
protocol mentioned, I addressed a circular to our consuls at all ports
contiguous to the cables of the Great Northern Telegraph Company in
China, namely, to George F. Seward, consul-general at Shanghai; to
Joseph J. Henderson, consul at Amoy; to Edward C. Lord, at Ning-po;
Robert M. Tindall, Canton; M. M. De Lano, Foo-chow; and Joseph C. A.
Wingate, Swatow. These officers were furnished with the Chinese text of
the Tsung li Yamen promise, conveyed in the last paragraph of their note
of January 12, to instruct the high officers of the seaboard provinces
to take measures for the protection of the cable; and were instructed to
communicate with and counsel the local officials relative to the matter
in question, to procure the issuance of protective proclamations,
&c. In addition to sending the above circular, I wrote personally to
his excellency Li-Hung-Chang, the influential and able governor-general
of Chihli, who replied with an assurance of his friendly disposition to
the cables, although they are not strictly within his jurisdiction. All
the consuls of the United States who were addressed on this subject
responded promptly, declaring their readiness to do all in their power
to promote the end ill view, and several of them have reported the
success of their active intervention to procure the punishment of
depredators on the cables, and of their efforts to procure the issuance
of friendly proclamations from the native authorities. I need not remind
you that Consul-General Seward, Consul Lord, and Consul De Lano, had all
exerted themselves on various occasions, before our common action at
Peking, to have the cables protected, as previously to insure their
being laid and landed. The particulars of Mr. Lord’s success in a recent
case, resulting in the posting of two very friendly proclamations by
lower and higher officials, are already in your possession. You have
also been furnished with the very gratifying correspondence between Mr.
De Lano and the governor-general of Fuh-Kien, from which it appears that
the instructions from the Tsung li Yamen were of a nature to impress the
provincial authorities with the belief that the central government has
now very friendly sentiments towards telegraphs. Mr. Henderson makes the
very sensible suggestion, in a letter of which you have a copy, that
“some regulations should be made for the protection of the cables from
foreign vessels also,” and remarks that it may be difficult to get the
Chinese authorities, who have just issued friendly proclamations, to
punish their people for an offense that foreigners may commit with
impunity. So far as the consuls of the United States are concerned, I am
of opinion that they would be justified by our Government in proceeding
against their nationals who commit trespasses upon the cables, when
within their jurisdiction, as they proceed against them for trespasses
on any other kind of property, where heedlessness or malice can be
proved. And, as a matter of justice and sound policy, I am inclined to
believe that authority in the same direction would not be refused to the
consuls of other treaty-powers in China, if applied for by the different
representatives. Considering the truly international character and uses
of the cables, it is difficult to see why there should be any refusal on
the part of foreign governments to accord the same measure of protection
which they have instructed their minister here to demand of the Chinese.
The Government
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of the United
States has heretofore invited consideration to a project for an
international convention for the protection of all cable-lines, as well
as to encourage the future construction of new ones, and is still
desirous to see this project carried out, believing that it will finally
develop the most substantial results. Considering the peculiar
circumstances of foreign representation and residence in China, and the
identity in a large measure of all foreign interests here, we would, in
my opinion, be acting wisely to co-operate in the spirit of the above
invitation, not with a view to obtaining any exceptional advantages for
any country or scheme, but to provide for the general protection and
encouragement of all cables in Chinese waters.
With this view, it appears to me that it would be advisable to invite the
co-operation, with the signatories of the protocol of January 27, of the
representatives of all other nations having treaty relations with China,
one of which, Japan, has an extensive system of land and submarine
cables connecting with the lines of the Chinese coast, while others have
connections through their colonies off the southern coast of this
continent. To some extent it will naturally devolve upon the companies
owning cables along the shores of China, and particularly the Great
Northern Company, to take the initiative in measures for the protection
of their property against foreign trespassers. They can test the
willingness or the power of consuls to move in the matter by bringing
formal complaints before them for any injurious acts committed by their
respective nationals. Some precautionary and preventive measures could
also be devised by cable-owners. It might be well, for instance, as Mr.
Henderson has suggested to the superintendent of the Great Northern
Telegraph Company at Amoy, to have those places where a cable is most
exposed to accidents from vessels marked by lines of buoys indicating
its locality. Should it be decided to take action on this suggestion,
the Chinese authorities should be informed thereof, and if it appears
that the general proclamations expected in pursuance of the Yam en’s
instructions have not been issued in all the seaboard provinces, we
should remind the Yamen of the omissions, and ask to have them supplied,
failing the success of local applications by our consuls, which should
first be made. It would have been better had the various consuls at each
port conferred and acted jointly in this matter heretofore, and I would
suggest that they be asked to do so hereafter whenever practicable. A
joint consular application to a governor-general or other high official,
to issue a friendly proclamation in a province where none has yet been
posted, would hardly be denied. In conclusion, I would remark that,
while the action of the Tsungli Yamen and of the provincial authorities,
so far as reported, has been more favorable than, we expected at the
outset, the policy initiated needs to be nursed and developed, and I am
convinced that something like the measures suggested in this letter
would be most useful.
Be pleased to receive, my dear colleague, the assurance of my high
regard.
His Excellency W. Raasloff, Danish Minister.
