Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, with the Annual Message of the President, December 6, 1875, Volume I

No. 168.
Mr. Avery to Mr. Fish.

Legation of the United States,
Peking, July 7, 1875. (Received September 10.)

No. 73.]

Sir: Referring to my No. 45, of March 31, which recounted the progress of mediation in the matter at issue between China and Spain, I have now the honor to continue the narrative.

At the date mentioned, negotiations had been suspended by the withdrawal of the five representatives pending the non-settlement of a grave question growing out of the Margary massacre.

On the 3d of April, Mr. Wade, the British minister, having notified his colleagues that his demands in this matter had been complied with, they addressed the Tsungli Yamen, asserting their readiness to resume mediation, since their colleague could now join them.

To this note Prince Kung replied the next day, requesting that the protocol of a convention agreed upon by the five representatives be forwarded for his consideration. As the protocol had already been handed in, the prince must have misconceived Mr. Wade’s note, which, referred to a joint communication prepared by the mediators, explaining their view of the protocol, and recommending its adoption. The original draught of this note, as prepared by Mr. Wade, after an exchange of opinions with his colleagues, was, by them, revised and modified to a considerable extent, and, as finally sent in, was intended to explain our position and powers as mediators, to set forth what we thought would be the practical operation of the proposed convention, to answer certain objections raised by the Yamen in their long memoranda of March 11, (inclosures 6 and 7 of No. 45,) and to state our conviction of the inutility of further negotiations unless the Yamen was prepared to make some concessions—notably on the demand for wholesale repatriation—and for the granting of exterritorial powers to the Chinese consul proposed to be appointed in Havana.

The ministers of the Yamen seemed unable to understand, or unwilling to admit, that it was not in our power to impose conditions on Mr. Otin which he declined to accept, and that having obtained from him, after much effort and with the most earnest disposition to secure the fullest practicable measures of redress and reform, all that he was willing or felt himself authorized to concede, we could do no more than submit the result for their decision.

The full text of our note is sent herewith.

After it was prepared Mr. Wade went to Shanghai, and all subsequent proceedings have been conducted by the representatives of Russia, the United States, Germany, and France, our Russian colleague, Mr. Bützow, acting as doyen; but Mr. Wade agreed to abide by whatever his colleagues should do in the matter, and it was decided to allow the presence of his secretary, Mr. Fraser, at any conferences which might be held with the Yamen.

On the 25th of April we received from the Tsungli Yamen a reply to our joint note, reviewing our arguments and the provisions of Mr. Otin’s amended project at great length, and submitting a counter-project of their own. While this reply shows a better understanding of our position as mediators, it is marked by the usual tendency to indulge in tedious repetition, to reason in a circle, and to insist upon impracticable points.

Great stress is laid upon the maintenance of the twenty-two regulations, which, as explained in my No. 45, have no real validity, and, so far as they were acted on by Spain, left the door open to all the evils of the contract system, and were seen to be plainly inconsistent with the principle of free emigration, without contracts in China.

Curiously enough, in the face of all their protests against the abuses inseparable from the old contract system, and in the face of their free emigration treaties with the United States and Peru, the Yamen seemed to be still willing that Spain should have coolies, provided they were contracted and shipped under the twenty-two rules. After a careful perusal of these rules, and an inquiry into all the facts connected with the shipment of laborers from China, I became convinced that any system which permitted the laborer to be contracted in Chinese ports would be liable to great abuses, and that there was no security for the freedom and just treatment of the laborer except in letting his departure be entirely voluntary, and leaving him to make his own engagement abroad.

I was gratified to ascertain, on discussing the matter with my colleagues of Russia and Germany, that they concurred with me on this point, and we came to an agreement to insist upon an abandonment of the twenty-two rules, and advise a strict adherence to the principle of free emigration, subject only to such modifications in practice as the peculiar condition of Cuba might seem to render necessary.

The Yamen again insist upon the concession, of exterritorial powers to their consul in Cuba. The reasoning by which they support this demand is not without point and justice; but the impolicy of yielding to them on this point is manifest. Even if Spain were willing to do it, which she is not, none of the other treaty powers would consent to an abandonment of the distinctive principle regulating their dealings with the entire oriental world.

As to the repeated demand for the gratuitous repatriation of large masses of the coolies now in Cuba, we considered it impracticable, and thought the provision which would open the courts for the investigation and redress of cases of individual hardship, and which contemplated new contracts for short terms, at high wages, would gradually ameliorate the condition of all now in Cuba without embarrassment to Spain. Yet we would have gladly procured from Mr. Otin all the concessions on this point which he could be brought to yield.

Some of the suggestions in the Yamen’s project are good, and we resolved to give them the consideration they merited. Other suggestions only went to details, which should be matter of regulation between the two parties after, they have agreed upon a convention.

On the 8th of May we felt constrained to inform the Yamen that unless they were prepared to make some concessions on some of the points in their letter and project, we doubted the utility of farther mediation; but we invited another conference on the mooted points if they should desire it.

On the 10th of May we met the Yamen again, at the Russian legation, and discussed the points just gone over. I rehearsed my objections to the twenty-two regulations, and to any system of contract emigration, stated the policy of my Government on coolieism, recounted briefly its efforts against the traffic, and declared” that T could not consistently assist in further attempts at mediation unless the principle of free emigration were carefully guarded and the twenty-two regulations abandoned. My colleagues of Germany and Russia expressed substantially the same opinion and conclusion.

The French chargé simply pronounced upon the inutility of further discussion or negotiation so long as the two parties were so far apart. Finally, as the sequel to a lengthy debate, the Yamen agreed, on their part, to abandon the twenty-two regulations, to negotiate upon the basis of absolutely free emigration, to give up the claim for exterritorial powers to their consul, and to modify their demand, for wholesale repatriation.

The conference broke up with the understanding that the four representatives would draft a new convention embodying these points.

This was subsequently done, and a copy of the document is sent herewith. Since the principle of voluntary emigration was set forth in the new project more absolutely than in the original project of Mr. Otin, as revised by the five representatives, all of the details relative to terms of contract were omitted.

The American supplementary treaty was followed in respect to the freedom of emigration, and the Peruvian treaty in respect to equality of rights for Chinese subjects in conformity to the favored-nation clause; and the same treaty was followed in the clauses relative to repatriation of coolies whose contracts have expired, engaging the Spanish government to nothing in this respect which is impracticable or unreasonable. This project is essentially a compromise between the extreme views of either party, and seemed to us a fair adjustment of a grave dispute.

On the 4th of June, it was submitted and explained to the Yamen, when they expressed their satisfaction with much of it, but wished to offer some articles in addition.

The text of these was sent in to us shortly afterward, and proved to be an entire project for a convention, embodying the essential features of our own, besides a quantity of detail as to shipment of emigrants which should be matter of local regulation on the part of China. In respect to the Chinese now in Cuba, they made more sweeping exactions than at our last conference.

In the mean time we had submitted our project to our Spanish colleague. Mr. Otin had been relieved of his charge by Señor Faraldo, formerly Spanish consul at Macao, who came with full credentials as minister. Some modifications were made in the language and order of the preamble and first four articles to suit his views; but he declared that it was impossible to accept the articles guaranteeing the free movement and equal treatment with other nationals of the Chinese in Cuba,, urging the exceptional condition of things in that island as one reason. It was evident, however, that he equally objected to the principle of these concessions and to the provisions for repatriation, other than the limited ones agreed to by Mr. Otin. In short, he gave us to understand that only Mr. Otin’s project was quite acceptable, even after we had assured him of the downright refusal of the Yamen to give up the very points which it did not embrace, and to which particularly he objected in our new project.

Nothing remained but to inform the Tsung li Yamen of his decision. He had been shown their own final project, and was no better inclined to that, of course, than to ours.

First, Mr. Bützow, as doyen, procured from him a note, stating briefly his non-acceptance of our project, and the reasons therefor, among which he included virtual abrogation of portions of the Spanish treaty, though this certainly is not correct beyond the con tract-emigration provisions.

In our note to the Yamen this was repeated. The Yamen, in their reply, under date of June 15, declare that they cannot yield the points of free circulation and equal rights, and sharply resent the refusal to concede them.

While they are not justified in stigmatizing as disrespectful or insulting the conduct of a minister who simply announces his inability to accept certain propositions, some warmth of feeling on the subject is not unnatural, when we reflect that their pride is touched by what they must consider as a virtual assertion of Chinese inferiority.

With the same communication they sent another, inclosing further suggestions for a convention, which do not differ enough from their former projects to make it worth while to forward a copy.

The ministers of the Yamen remaining firm in their position, declining even to admit certain restrictions in practice upon the principle of the debated clauses, such as might be claimed as necessary for Spain, considering the distracted state of the Island of Cuba, we were constrained to inform Señor Faraldo that we felt ourselves powerless to reconcile the differences between the two parties, and to intimate that we must withdraw from any further negotiation, unless it could be renewed with more prospect of mutual accommodation than now exists.

We also informed the Tsungli Yamen that we considered further mediation useless, unless mutual concessions were made.

And so the matter stands at present. We are not without slight hope that both parties, seeing the imminent danger of a rupture, will invite a renewal of mediation on a basis more likely to be mutually acceptable. We are even prepared to wait until Señor Faraldo can communicate with his government and receive instructions that will leave him more latitude.

I have expressed myself personally in favor of renewing mediation as soon as there is the least reason to expect that it may be useful, and my colleagues are of the same mind. Apart from motives of humanity, growing out of our desire to ameliorate the condition of the Chinese now in Cuba and to effect a reform for the future, we feel that a failure to settle the pending dispute on a basis that will remove all causes of complaint about the treatment of Chinese by Spain would react against foreigners generally, in the estimation of the people of this empire, and, by intensifying their hatred for us, lead to increased difficulties in our relations with them. The facts elicited by the Cuban commission have become widely known, and exaggeration will not fail to magnify their bad effect.

Hence it is desirable, in every point of view, that we should secure, if possible, a just settlement of this difficult and delicate business.

Trusting that my-action thus far will meet with your approval,

I have, &c.,

BENJ. P. AVERY.

[Inclosure 1 in No. 73.]

The Ministers to Prince Kung.

Peking, April 3, 1875.

To His Imperial Highness Prince Kung:

The undersigned, envoys extraordinary and ministers plenipotentiary of Russia, the United States, Germany, and chargé d’affaires of France, having been informed hy the English minister that there exists no longer any hinderance in his taking part in the conferences relating to the settlement of the Cuban question, have the honor to make known to your imperial highness that they are prepared to resume the consideration of that question.

The undersigned embrace this opportunity to renew to your imperial highness the assurance of their high regard.

• BÜTZOW.
• AVERY.
• BRANDT.
• ROCHECHOUART.

[Inclosure 2 in No. 73.—Translation.]

Prince Kung to the Ministers.

Peking, April 4, 1875.

Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication in reply:

Upon the 3d of April, 1875, I received a communication from your excellencies, stating that, having received a note from his excellency the British minister, Mr. Wade, to the effect that there was no longer any obstacle to prevent his participating in the discussion of the Cuban question, your excellencies were therefore willing to resume at once the consideration of that business.

The prince begs leave to state that March 24 he received a dispatch from Mr. Wade, setting forth that he had invited the four representatives—of Russia, the United States, Germany, and France—to meet at his legation, in order to lay before them the details of a telegram received by him from the Viceroy of India, and to inform them that, in consequence of the affair therein recited, he could not at present join with them in considering the Cuban matter. Upon the following day (March 25) a dispatch from your excellencies was received, stating that the adjustment of the Cuban question must be delayed until his excellency the British minister could join you, at which time it would be resumed.

Yesterday a dispatch was received from his excellency, Mr. Wade, stating that he was now able to discuss with the other ministers the adjustment of the Cuban question as before; that the four ministers—of Russia, the United States, Germany, and France—were perfectly familiar with all the points in the case, and the protocol of a convention had been prepared by them in conjunction with him; that a dispatch was ready and only awaited translation into Chinese, when it would be at once forwarded for my inspection; that the ministers had most earnestly considered the coolie question, and had devised a mode of adjustment, and if settlement could be made according to this plan it would be cause of great congratulation. But if not, the Tsungli Yamen and his excellency the Spanish charge d’affaires still desired to bring the points of variance before the ministers for arbitration; it would then become necessary to examine clearly as to the basis on which the business can be proceeded with, in a manner different in no way from that already pursued by the four ministers and himself.

Having thus learned to-day that your excellencies are ready to resume the discussion of this business, and his excellency Mr. Wade and yourselves are of one mind, I would therefore request your excellencies to forward the protocol of a convention agreed upon by your excellencies and Mr. Wade, when translated into Chinese, to this Yamen in order that I may consider it. And for the purpose of making this request I transmit this communication in reply.

To their Excellencies the Ministers of Russia, the United States, Germany, and the Chargé d’Affaires of France.

[Inclosure 3 in No. 73.]

Mr. Wade to the Tsungli Yamen.

Peking, April 2, 1875.

The minute mentioned in my note of the 15th March as containing my own views upon the propositions of Mr. Otin, and the counter-propositions of the Tsungli Yamen has been made the base of a note, to which my colleagues and myself have agreed, and which will be sent to your imperial highness as soon as it can be translated. My minute, which was at great length, has not been put into Chinese, and there will not now be any occasion to trouble your imperial highness with it.

I should be glad to find that the note now on its way from my colleagues and myself induced acceptance of the adjustment of the emigration question we have been striving so hard to promote.

Should it be otherwise, and the Tsungli Yamen and the Spanish legation still entertain a desire to submit the issue between them to arbitration, I shall be ready, as before, to join my colleagues in whatever course it may be found practicable to follow.

[Inclosure 4 in No. 73.]

Joint note of five ministers to the Tsungli Yamen.

Peking, April 6, 1875.

The undersigned, representatives of England, Russia, the United States, Germany, and France, have considered with careful attention the two memoranda placed in their hands by the ministers of the Tsungli Yamen on the 11th March.

From the tone of these it is plain that some misconception exists regarding the relation of the undersigned to the Yamen in the late conferences regarding the Cuban question; some misapprehension also of the purport of what has fallen from the undersigned.

In November, 1873, the five legations of France, Germany, Great Britain, Russia, and the United States were invited by the Tsungli Yamen, and M. Otin, representative of Spain, to form a court of arbitration, on certain issues not very precisely stated, which were to be submitted to that court whenever the report of a Chinese commission, then about to proceed to Cuba, should be received by the Yamen.

It having become evident, when the commission returned in November, 1874, that much time must elapse before the arbitrators could be put in possession of the evidence to he laid before them, and that whenever a court should be formed its proceedings would he attended with much difficulty, and probably with little or no practical result, the two appellants were sounded as to possibility of some adjustment of their differences without submitting them to arbitration.

The Yamen was unprepared with any alternative course. Mr. Otin, after some deliberation, produced a draught-convention, which, with certain modifications suggested by the undersigned, they have recommended the Yamen to accept.

In recommending it, the undersigned were moved by the consideration that the object which the Chinese government professes to have specially at heart—a speedy amelioration of the status of the Chinese now in Cuba—would be at once commenced and gradually achieved; their protection against wrong in the time to come being at the same time provided for.

In their consideration of Mr. 0 tin’s draught-convention, and in their recommendation of it to the Yamen, the undersigned have been acting, not as arbitrators, but as mediators. As arbitrators they could have done nothing until the whole of the evidence was laid before them. Then, being duly advised of the particular issues on which their decision was desired, and being formally assured by both parties that, whatever might be the decision of the court of arbitration, it would be accepted as final, they would have proceeded to examine the evidence. So much for the relation of the undersigned to the two parties en litige.

Next, to the misapprehension on one or two points of the meaning of what they have said.

In their memoranda the ministers of the Yamen assume that the undersigned admit the truth of the evidence taken by the commission sent to Cuba. The undersigned have made no such admission, and could not have made it consistently with the duty which would have been imposed upon them as arbitrators.

There is a further assumption in the memoranda that the concessions made in Articles I, III, VII, and IX of the draught-convention have been made unconditionally, and that the undersigned are pledged with Mr. Otin to their accordance.

The ministers of the Yamen, in advancing this statement, evidently forget that the proposals laid by Mr. Otin before them form a whole, and can be considered as binding upon the Spanish representatives only if accepted in toto; the undersigned certainly have neither the power nor the right to press upon Mr. Otin what he declares his inability to concede.

As mediators, however, they feel bound to urge once more upon the Yamen the inexpediency of declining Mr. Otin’s convention.

By its acceptance—

• First. The quarrel between China and Spain, now open since 1872, is closed, and with it all question of the indemnity claimed by Spain.
• Secondly. The surrender of Spain’s treaty-right to engage laborers under contract in China puts an end to impressment by crimps and kidnapers, a result the ministers of the Yamen have repeatedly declared themselves very anxious to obtain.
• Thirdly. The condition that the Chinese laborer is henceforth to be a voluntary emigrant (proceeding to Cuba under the same conditions as Chinese now proceeding to California) guarantees immediate effort on the part of Cuba to remove causes of complaint.
• Fourthly. The provision that the form of contract under which henceforth Chinese are to engage themselves in Cuba shall be prepared in Peking, enables the Yamen to secure insertion of all reasonable conditions respecting the laborer’s term of service, his rate of wages, support, general treatment, and repatriation.
• Fifthly. The Chinese of condition now in Cuba are to be immediately repatriated, as also those whose infirmity incapacitates them for work.
• Sixthly. Chinese now detained under the vagrance laws by the local government, if they cannot be at once repatriated, are to be provided with fresh contracts to enable them to work out their repatriation at an improved rate of wages.
• Seventhly. The convention is intended to guarantee redress by law to any Chinese laborer ill treated by his employer, and the undersigned are authorized by Mr. Otin to state that such redress will be obtainable for all parties aggrieved in the future as well as in the past; and will not be confined, as the Yamen appears to believe, to those only who have already sent in petitions to the Chinese commission.
• Eighthly. The appointment of a consul insures to the Chinese plaintiff the assistance of his own authorities before the Spanish courts; the enforcement of the contract; the protection of the Chinese when uncontracted; and the denunciation and therefore speedy redress of defects and abuses in existing laws or regulations.

The Yamen’s memoranda draw special attention to the punishment of Chinese by their employers. The Spanish regulations admit the punishment by the employer only in the manner and under the circumstances mentioned in the annexed copy of articles 69 and 70 of the “Rules for the introduction of Chinese Colonists.”

It will therefore be the duty of the Chinese consul to watch over the enactment of the Spanish laws as far as his countrymen are concerned; and in the performance of this duty he will without doubt meet with the ready and effectual assistance of the Spanish authorities and courts of justice.

But the Yamen must not expect that the Chinese consul will be invested with powers, over his nationals not accorded to the consul of any other power represented in Cuba, or that rights will be granted to China which are not possessed by any other nation.

With regard to the measure of repatriation desired by the Yamen, the undersigned have been informed by Mr. Otin that he cannot go further than he has already done in his proposal laid before the Yamen.

It will therefore rest with the Chinese ministers to decide if, by insisting on a demand which they have not pressed in their negotiations with other powers, they are prepared to cause the present negotiations to be broken off, and to prolong a state of things in Cuba of which they complain, and with it those evils from which their countrymen are charged to be suffering, and which the ministers profess so strong an anxiety to alleviate.

The undersigned, in recommending once more the acceptance of the proposals of Mr. Otin as the only available way to arrive at a speedy and practical result, feel it their duty to inform the Yamen that unless by the acceptance of the proposed conventions as modified by the declarations contained in this note, and which Mr. Otin has expressed his readiness to accept, a practical basis is found for the continuation of the mediation, they are persuaded of the inutility of further negotiations in this direction, and are further of the opinion that arbitration, while it would consume much time, would leave the question still undecided as to the objects which the Yamen has most at heart.

• WADE.
• BÜTZOW.
• AVERY.
• BRANDT.
• ROCHECHOUART.

[Inclosure 5 in No. 73.—Translation.]

Reply of the Tsungli Yamen to the representatives of the five powers.

Upon the 6th day of April a note was received from your excellencies concerning the question of Chinese emigration to Cuba, expressing the fear that the undersigned still misapprehended the nature of the draught for a convention sent them, and reciting the advantages of the adjustment agreed upon between your excellencies and his excellency M. Otin. The undersigned have reported to the prince the kindly thought of your excellencies; it has also been most carefully and thoroughly considered by the undersigned.

The representative of Spain, holding that the Spanish government has not subjected the Chinese laborers in Cuba to ill-treatment, held that China ought to make indemnity for refusing to allow Spain to obtain laborers in accordance with the terms of the twenty-two regulations.

China, holding that there was ill-treatment of the Chinese laborers in Cuba, therefore temporarily suspended the engagement of coolies.

The foreign representatives agreed that a commission be sent by the Chinese government to investigate, the object being that, if alleged abuses should be proved to exist, China should not pay indemnity, and should prevent the further emigration of laborers; if it was proved that no abuses existed, China should indemnify Spain.

A note was also received from his excellency M. Otin, stating that, if the Chinese government believed that their laborers abroad were ill-treated, and consequently put an end to emigration, China was but doing its duty.

It now appears from the entire details of the examinations and the depositions taken by the commission, although not yet fully examined, that there are actual abuses, agreeing, in all particulars, with the statements of the various consuls of foreign governments, and with the information reported by his excellency Mr. Low, formerly American minister.

Consequently, the claim of his excellency M. Otin against the Chinese government for indemnity becomes invalid; and the promise of his excellency M. Otin to repatriate persons of reputation, and those who are diseased, is a plain demonstration of this. The undersigned, inasmuch as your excellencies and his excellency M. Otin desired, prior to arbitration, to attempt settlement by mediation, and agree with the undersigned in a most urgent desire to relieve those laborers who are, at the present time, suffering ill-treatment, were moved by this excellent thought to consult with your excellencies, and not to retain so fixed a determination to refuse further emigration. Yet there must be delay until the relief and full protection of those now in Cuba is really accomplished, when there may be further consideration of emigration.

If, hereafter, there shall be consent given for emigration, it still must be under the twenty-two rules.

Upon March 24, 1873, his excellency M. Otin informed this Yamen that, in case Spain was not allowed to obtain coolies under the same twenty-two rules accorded to France and England, such discrimination against his government was an infraction of the “favored-nation clause “in the treaty. He further stated that at the time of emigration the limit of the contract as to time should be plainly stated, and it should be definitely agreed that a day’s labor should not exceed nine and one-half hours; each Sunday they should rest, or, in case they preferred to labor, the returns of such labor should be their own; the rations of the laborers, and their passage-money each way, should be provided by their employers; in case any laborer should be taken ill, a physician should be called to attend him, all in accordance with the twenty-two rules.

This is a proof that his excellency M. Otin was most desirous to proceed according to these twenty-two rules, and not anxious to set them aside. How can it be that his excellency M. Otin was originally desirous to proceed according to the twenty-two rules, and to-day, since an investigation has been made, and the good offices of your excellencies are accorded, he changes his mind, and desires that the twenty-two rules be set aside? If it be said that heretofore, with the twenty-two rules, how could these abuses exist, it may be replied that these abuses exist because of failure to observe the twenty-two rules, and not because of their observance.

In this matter there are now, 1st, the project of Mr. Otin for a convention; 2d, the project of your excellencies; and, 3d, the project of the undersigned.

In these three plans there is the protection of the laborers.

The undersigned have not misunderstood. In the points of disagreement, the idea of the undersigned has been, first, to relieve those at present suffering ill-treatment, as a guarantee of power to protect those laborers who may go in future, and thereafter to discuss emigration.

The idea of your excellencies and M. Otin has been to take up the protection of coolies and the emigration question together. In a word, there must be proof of the protection of the laborers, (now in Cuba.) In the matter of the protection of coolies, there are some new regulations to be added to the former, but the former twenty-two must not be evaded. In this way only can it be accomplished.

Although there appear to be some slight differences of opinion, yet in the main there are no points of difference. If there is only anxiety to get more laborers, and not to first relieve those who are now at labor, it is like considering how to rebuild a house now in flames, without endeavoring to save it from the fire. Would that be regarded as protecting the house now burning?

In the discussion of this question, as there are now three projects, the undersigned have collated from the three the admissible points into one, without setting aside the twenty-two rules, and have written them out separately, with the greatest carefulness and moderation. Thus they have combined the three into one, and request your excellencies to consider them and express an opinion; and they also request M. Otin to examine them.

Regarding the note recently received from your excellencies, the undersigned can but speak plainly. Although arbitration and mediation are different, the end desired is the same. In arbitration the law is considered, yet not in opposition to the facts; in mediation the facts are considered, yet not outside of the law.

In arbitration, the two parties cannot both be right. In mediation, each can gain his own. When mediation is desirable, the objects sought by the two parties must be placed in an even balance for exact justice and equity.

In the matter at issue, the desire of China is, first, to relieve the laborers who are now being ill-treated; the wish of Spain is to obtain additional laborers in the future. If your excellencies would mediate with the best results, first secure the relief of those at present at labor; and thereafter, according to Mr. 0tin’s desire, allow the engagement of coolies in future under the twenty-two rules. This would be most satisfactory. Regarding the annulling and setting aside of the twenty-two rules, his excellency Mr. Otin has a formerly had no such thought, and it need not to be considered.

Regarding the unwillingness of your excellencies to accept as valid the conclusions of the commission, inasmuch as mediation is now being considered, the undersigned do not insist upon this; and, for the present, if the former statement of the undersigned to the fact of such an admission on the part of the foreign representatives meet with no consideration, there will certainly be no objection.

Concerning the projects for a convention of your excellencies and Mr. Otin, they are not entirely one-sided, and as in the project which the undersigned now submits it is agreed that, after the relief of laborers now suffering ill-treatment, coolies may be sought under the twenty-two rules, therefore this project is not all for China; and, moreover, it has many points in common with the projects of your excellencies and Mr. Otin. If it be said that all of Mr. Otin’s plan must be accepted, and that ours can be made use of in no way, this is not consistent with the kind wish of your excellencies for mediation.

The advantages recited by your excellencies are eight in number. They have been carefully considered. As regards the first, China has a right to require indemnity of Spain for cruelty. Since mediation is on the tapis, and consequently there need by no indemnity, the advantage is not all on the side of China.

As regards the second, it appears from the twenty-two rules that the use of a contract was to do away with all the mischiefs of crimps, kidnapers, and those who deceive. Without a contract there would be no investigation, and these troubles would grow even greater. And if it is desired to draw up a contract after reaching Cuba—suppose, on arrival, the coolies were unwilling to labor according to the terms of the contract, advance and retreat are equally difficult; how can they return to China?

Concerning the third, going abroad at will, without contract, there has never been the least hiuderance; it is so plainly stated in the general statement with the twenty-two rules. The Chinese emigrants now in California and similar places are all of this sort. And hence it is stated in the supplementary treaty with the United States that all other modes of obtaining laborers are prohibited,” &.c., and this is not cooly emigration. Since, now, Spain wishes to obtain coolies, it can only be according to the twenty-two rules. As to the statement that the local authorities in Cuba will use their best endeavors to eradicate all existing abuses, and enact satisfactory regulations in order that the number of laborers may be increased, this is an excellent idea. If it be fully carried out, the numbers of Chinese laborers who desire to go abroad will not wait to be sought; they will run as in a race, fearing to be behind. The advantage of the laborer is the advantage of the Spanish merchant.

Regarding the fourth. To decide whether the contract is advantageous or the contrary, one must examine the rules now agreed upon, whether they are acceptable or not. If they are acceptable, then it must be considered whether the Spanish merchants will act according to them.

Regarding the fifth. In the matter of the return to China of all persons of quality and the sick, the just intentions of your excellencies and his excellency Mr. Otin are already manifest. But in the case of the aged, females, and all who have fulfilled their terms of labor, it has not yet been agreed to repatriate these classes of persons, and it will only be acceptable to act in regard to these persons according to the terms of the project sent herewith.

Regarding the sixth. In justice, all whose terms have expired ought to be repatriated by the Spanish employers, according to the terms of the twenty-two regulations, and they ought to be provided with a certificate of completed contract and a passport. All whose terms have not expired should, at once, have an increase of wages, to provide for their return home, and all existing abuses should at once be corrected. When their term has expired, they, too, should be provided with a certificate of completed contract and a passport. A discriminating adjustment of this nature is not beyond the power of Spain to effect.

Regarding the seventh. The idea is excellent, but it must be seen whether it is feasible. After the appointment of a Chinese consul, satisfactory rules must be most carefully considered and agreed upon; until his appointment, there must be protection afforded to Chinese laborers by Spain. At the present, when rules are not yet determined, if Spain has the kindness toward the coolies, prompting effective protection to each man, China will certainly hear of it.

Regarding the eighth. It is as the seventh; the idea is excellent, it is a satisfactory rule; but we must see it accomplished; when it can be really reckoned an advantage.

In these points of advantage the coolies will obtain protection and the Spanish employers will obtain laborers. Acting thus will have the common results for good from which the kind disposition and complete management of your excellencies and Mr. Otin in this business will be extolled over the whole earth. Would not this be a cause of great congratulation?

The undersigned have another point of the greatest concern to them, about which as your excellencies and his excellency Mr. Otin are agreed in desiring to afford relief to the Chinese laborers, they can but most frankly advise with you.

The commission, while in Cuba, made copies of the “Cooly Regulations,” established by the government of Spain, and they are not identical with the tenor of the regulations communicated to this Yamen by his excellency Mr. Otin. For example, the Spanish regulation as to each day’s labor is for more than ten hours’ work, while that stated in the communication of his excellency Mr. Otin, of March, 1873, was nine hours. The rules established by the Spanish employers differ again from those of the government of Spain, and there are regulations which the government has not approved, under which the Spanish employers are already acting. If, after these negotiations shall have been concluded, Spanish employers still persist in following their own private rules, will not the present conference all prove to be idle? Means ought to be considered and agreed to by his excellency Mr. Otin, by which a single line of conduct maybe assured.

As regards the matter of imprisonment, at the will of the employer, when the laborer is guilty of misdemeanors, how can he be imprisoned at the personal will of his employer? Is the employer legitimately a jailor? Is not this a plain evidence of cruelty? We hear that Spain deals with negroes in this manner; but Chinese coolies still are Chinese, and cannot be classed with negroes; how can Spain thus think lightly of China? Moreover, other nations do not treat negroes in this manner. China and all the western nations are all friendly powers with Spain—in case Spain had dealt with subjects or citizens of western powers after this manner, would they consent, or not?

The communication of your excellencies states that China must not expect to obtain for her officials rights and powers which are not granted by Spain to the consuls of other powers.

But Spain ought to deal with Chinese subjects according to the laws observed in her dealings with other nationals. Why does she treat the Chinese only as she treats negroes? And it is the law of each nation that when other nationals come within its jurisdiction they must submit to be governed by its officials. But with foreigners in China, when cases between the two nationals arise, the Chinese is dealt with according to Chinese law by Chinese officials, and the foreigner according to the law of his own government and by his own superiors. Treaty-regulations are all of this sort. Since Chinese and foreign modes of punishment are unlike, heretofore all intercourse has been upon this plan. But now, since the treatment of Chinese laborers by Spain is after this manner, in case China hereafter appoints a consul to Cuba, dealings ought to be according to the treaties, in cases concerning the Chinese. The officials of the two governments should first examine and adjudicate the case, and in case of wrong on the part of the Chinese he should be handed over to be dealt with by the Chinese officials.

Previous to the appointment of a Chinese consul, Spain certainly ought not to treat the Chinese like negroes. As to the forbidding Spanish employers to imprison Chinese, and the like, this is eminently right and just, and we hope your excellencies will frankly and carefully consider it.

Your excellencies’ communication also states that the present plan of mediation may fail of completion.

The undersigned are exceedingly unwilling that this should occur, and the kind thought of your excellencies for mediation all come to naught. In the project for a convention now submitted are many points of agreement with those submitted by your excellencies and Mr. Otin. Since the laborers sought by Spain are Chinese, it becomes the duty of the undersigned to consider with the greatest care and honesty existing facts, and see how they may be afforded protection. It is manifest that your excellencies and Mr. Otin have already, on behalf of the undersigned, planned for the entire question from beginning to end; but although your excellencies and Mr. Otin have spoken for the undersigned, it cannot prevent the undersigned from speaking for themselves, and we request that the project for a convention Bent herewith be carefully considered by your excellencies and a response be given us.

With cards, compliments, &c

Peking, April, 1875.

The wages received by Chinese laborers at the time of their engagement did not exceed a few dollars, or even a few hundred cash; and all the expenses of every sort for the passage never exceeded $190.

But those who sold the time of the coolies in Cuba received from two to four times this amount. After deducting expenses of passage, &c., each laborer should have received $200 or $300. For 10,000 men this would amount to $2,000,000 or $3,000,000. For 140,000 men it would amount to many millions of dollars. The amount of this excess, and the amount due and never paid, for working on the highways for the government, after terms of contract had expired; and in addition to these, the amount retained from wages by the officials, at a certain rate per month, agreed upon by the official and the employer at the public office at the time of making new contract, which had been rumored, and which was deposed to before the commission, but which need not be especially considered—but the two former, as to their amount, both of the number of men and the money due, ought to be carefully considered, and it ought to be returned by Spain.

Moreover, the Spanish merchants professed to engage laborers, when in fact they sold men for gain, still more in violation of the dealings with civilized powers.

Your excellencies and his excellency Mr. Otin are most earnestly requested to consider these things, and to state in reply what ought to be done in view of these circumstances.

[Inclosure 6 in No. 73.—Translation.]

Protocol for a convention submitted by the Tsungli Yamen.

Article I. Lists shall be prepared by the Chinese government of all literary men, officials, members or relations of wealthy families, now among the laborers in Cuba, for the information of Spain; and the Spanish government engages, on the evidence furnished by these lists, to repatriate all persons of the classes named, as an evidence of good faith and good will.

Art. II. All points of difference “between the Chinese and Spanish governments are to be considered as settled, and all questions of indemnity on either side are waived.

Art. III. All Chinese now in Cuba, who are unable to labor because of sickness or physical defects; all who at the time of their emigration were less than twenty years of age, and were not provided with a written permit from their parents, and to whom Chinese officials have given a certificate of completion of contract; all who were at the time of their emigration to Cuba less than fifteen years of age, and who were not accompanied by their parents, whether their term is expired or not: all above fifty years of age whose term has expired; all above sixty years whether their term has expired or not; and females who are not members of the families of laborers; all persons of these several classes shall be furnished with passports, and with funds for their return to China, by the Spanish government.

Art. IV. All laborers now in Cuba who have completed a term of labor, whether of five years or less, shall be furnished by their masters with a certificate of completed service, and by the local authorities with a pass for completed service, and with a passport, and by their masters with expenses for their journey, which shall be in silver, and not in bank-notes. If, because of the excessive number of those who have completed their term, it should prove to be inconvenient to pay the entire amount of passage-money at once, the Chinese government will not crowd Spain in this contingency, but will consult and make a temporary arrangement upon the following basis: State the entire number of laborers who have completed their contract; state how much money for return-passages to China the Spanish merchants are able to provide; and divide the men into installments according to the pecuniary ability of the merchants. Upon a certain year, mouth, and day send the first installment of a certain number; upon another date send the second installment; and by this method the matter will be easily managed.

If any, having finished their term, desire to remain in Cuba and labor, the employer shall again sign a contract with him for five years, and the contract shall state plainly that he is permitted to go upon the street, and not merely for one year, as an evidence that he willingly contracts for the labor. If, after he has found an employer, he has difficulty with him, he shall be permitted to seek another.

The wages paid shall be according to the new arrangement, an advance upon the old, and he shall not be forced to recontract himself. He shall be required by his master to live apart by himself, and he is not to be permitted to live with those who have not completed their terms.

There shall be discrimination. All those who have completed their term shall go in person before the official and take out their papers, whether of completed contract, passport, or re engagement, or of funds for return home, and shall not be required to find a surety. Those who do not wish to re-engage, but desire to engage in business in any place, shall not be required to find surety.

Art. V. All who have not completed their contract, in addition to all the protection afforded by the twenty-two rules, shall be allowed, at the close of each day’s labor, to go out and come and go at pleasure, and no permit shall be necessary from their masters.

This class, comprising all who have gone, and shall hereafter go, at the time of the completion of their contracts, shall, according to the rules, be returned to China, and all who are now at service shall have increase of wages to enable them to lay up something. At completion of service the employers shall provide sufficient amounts for their return—at the lowest it shall equal six large Spanish gold-pieces, equivalent to $100.

Art. VI. Cuban employers shall not be allowed, of their own will, to imprison, nor compel men to labor when fettered, nor to punish improperly. And those who have completed contracts shall not be taken by their masters to the contract-officer for forced engagement. If all the occasions of former suffering can be done away with, the Chinese laborers certainly will not run away. If occasionally there are runaways, or those guilty of crime, the employer shall not be allowed, of his own motion, to punish, but shall hand them over to the Chinese consul for investigation and settlement.

Art. VII. The consul appointed by China to Cuba shall be allowed to afford protection to the full extent of his power in all cases calling for his intervention, in accordance with treaty and the usages of other consular officers.

At Havana, and other points in Cuba, Canton and Foo-chow guilds shall be established, supervised by men of their own selection, and to these guilds the Chinese shall at all times have access, where they may get full information as to all labor-regulations, &c. And it shall be permitted to China to establish lines of steamers or sailing-vessels between all ports, for the transportation of mails and Chinese passengers.

Art. VIII. When China shall have appointed consuls to Cuba, the examination and protection of laborers shall be by Cuban officials, who shall use their best endeavors, and in each case shall make thorough investigation and afford full protection to the Chinese cooly. In cases of hardship or injustice to the coolies, the Chinese consul shall present all the facts to the Cuban officer, who shall deal with it impartially. In the cases of all petitions presented to the commission recently sent to Cuba, and all sufferers who have not petitioned, Spain has already agreed to receive all such complaints and transmit them to the local judges, (in Cuba.) After the appointment of a consul, petitions shall first be made to him, and by him transmitted to the local authorities, who shall decide upon and properly adjudicate each case. And hereafter the Chinese laborers, in cases of hardship or ill-treatment, can complain against their employers, and such complaints shall be impartially heard and decided. If the employer, in violation of treaty and regulations, ill-treats his coolies, of which there is plain proof, the police officer shall deal with the case according to justice, in conjunction with the Chinese consul.

After examination of any case by the judge, if the Chinese complainant is not satisfied, he may appeal to a higher court.

Either before or after the appointment of a Chinese consul, in the cases of all Chinese laborers in Cuba, the Cuban authorities shall use their best endeavors to afford ample protection, to remove all unjust or unsatisfactory restrictions, and deal with Chinese exactly as with English or Americans. It shall not be allowed hereafter, as formerly, to force the Chinese to cut off their queue, or to receive baptism, and to oppress and restrain them with all sorts of restrictions.

Art. IX. In addition to the foregoing regulations for the protection of coolies, Spain will obtain coolies in accordance with the twenty-two regulations; in addition to these twenty-two regulations, when a foreign merchant is about to dispatch a vessel to Havana, he shall in advance notify the day of departure to the officials, and at the same time he (the merchant or owner) shall post a notice in all parts of the port, informing all who do not wish to go aboard that they must not go on board his vessel. If any desire to go aboard, the Chinese government will depute an officer, before the ship shall have sailed, and while the emigrants are either at the emigration-office or on board ship, to examine them, in order to their satisfactory protection and the prevention of fraud. On arrival in Cuba, if a Chinese consul has already been appointed, the laborers shall go before the consul, that he may examine clearly whether all is according to regulations; thereafter the emigrant may seek labor. The government of China will first concert a plan (with the representatives in Peking) for fixing and determining all the rules and regulations, and the consul sent will adhere to them in every particular.

Art. X. Hereafter, if Spain seeks laborers to proceed to Cuba, in addition to the twenty-two rules, in the matter of the arrangements for the expenses of the return of the coolies to China, it may be permitted either that, according to the twenty-two rules, at the expiration of the contract-term, the employer shall furnish the means for sending him home, or, according to the new agreement, he may pay him greater wages. If he elects to pay additional wages, he shall, instead of paying $4 per month, pay $15 per month, and the dollar shall at least equal 70 tael cents.

The employer shall retain one-third, to be deposited with the Chinese consul for the expenses of the return to China. Each man shall provide $100 for passage-money, and, having laid up that amount, nothing need be retained from his wages, but the whole shall be paid over to the laborer for his own use and disposition.

The consul shall retain the $100 passage-money thus provided for each man until the time of his return to China, when it shall be paid over to him. In case any prefer to remain in the island, he shall notify the consul, who will pay over to him his $100 for a capital in trade. At the time of making contract it shall be distinctly fixed which of the two foregoing plans the employer elects to follow, and notice shall be given to the Chinese consul, who shall proceed accordingly.

Art. XI. Hereafter, coolies proceeding to Cuba shall only go on ships of those nations with which China has treaty-relations, and the vessel shall in all respects comply most strictly with all rules and regulations of its own government regarding the care and treatment of emigrant passengers. Each minister will communicate to the Tsungli Yamen the regulations of his government, and the representative of Spain shall determine what rules and regulations regarding coolie-ships he will follow, and shall notify the Tsungli Yamen for its examination and approval, and that notice may be given to all the ports.

Art. XII. After the agreement upon this convention, if Spain shall faithfully comply with the foregoing provisions for the protection of coolies, and the twenty-two rulse for obtaining them, in case hereafter, in the matter of coolie emigration, China shall make any greater concessions to other powers, Spain shall have the full benefit and advantage of such concessions to the full extent that they are granted to the most favored nation, and she shall comply with all requirements made of any other nation.

Art. XIII. In the rules heretofore established by Spain for obtaining coolies were points not in the agreement with the twenty-two rules nor of this convention. The twenty-two rules and this convention shall hereafter be considered as the final, certain rules, fixed and determined, and they shall be considered as the most plainly understood and positive authority.

[Inclosure 7 in No. 73.]

The foreign ministers to the Tsungli Yamen.

May 8, 1875.

To their Excellencies the members of the Tsungli Yamen:

The undersigned have had the honor to receive the note addressed to them by your excellencies, under date of 25th April, and the accompanying project for a convention relative to the emigration of Chinese laborers to the Island of Cuba.

The conditions enumerated in this project are so opposed to those which the representative of Spain had submitted as a basis for a settlement of this question, and which he has repeatedly declared himself unable to concede, that the undersigned are compelled, to their great regret, to doubt the utility of further attempt at mediation, which they had undertaken solely with the hope of reconciling the interests of the two governments, and in the desire to serve the cause of humanity.

Should your excellencies still have the desire, which has been expressed to the undersigned, to have an interview in order to discuss this question, the undersigned will be pleased to have a conference at the Russian legation, May 10, at 2 p.m.

The undersigned avail themselves, &c.

• BÜTZOW,
• AVERY,
• BRANDT,
• ROCHECHOUART,
• FRASER,
  For the British minister.

[Inclosure 8 in No. 73.]

Protocol of the foreign ministers.

The governments of His Majesty the King of Spain and His Majesty the Emperor of China, desiring to establish upon a new basis the emigration of the Chinese subjects who may go to the Spanish possessions, and to prevent all misunderstanding in this matter, the undersigned, duly authorized to that effect, have agreed upon the following rules:

Article I. The stipulations of the treaty concluded at Tien-tsin between Spain and China, 1864, relative to the emigration of Chinese subjects under contract, are abrogated, with the exception of those clauses in article X of said treaty concerning the enticing away of emigrants, and the restoration to Chinese authorities of convicts escaped from prison, and those convicted or accused of crime.

Art. II. The difficulties arising from the enforcement of the provisions of the said treaty of Tien-tsin relative to emigration are waived, and the two governments renounce, on either part, all right to pecuniary indemnity.

Art. III. It is agreed between the high contracting parties that the emigration of their respective subjects shall be entirely free and voluntary. They formally condemn all other modes of emigration, as well as all acts of violence or fraud which may be committed in the ports of China or elsewhere, with the purpose of taking away to foreign parts the subjects of China against their will.

The two governments co-equally engage, with all the rigor of their laws, to punish all violations by their respective subjects of the preceding stipulations, and to inflict the penalties provided by their respective laws upon the subjects guilty of violation of this stipulation.

Art. IV. The government of His Majesty the Emperor of China authorizes on its part free emigration to the Spanish possessions from all the ports of the empire open to foreign trade, and it contracts to interpose no obstacle, either on its own part or on the part of the provincial authorities, to the free emigration of its subjects. It is, however, understood that the Chinese authorities have the right to assure themselves that the emigration is effected conformably to the spirit and the terms of the present convention.

Art. V. The government of His Majesty the Emperor of China will appoint a consul-general, who will reside at Havana. This officer shall have all the rights and prerogatives enjoyed by officers of the same class from other countries. It is expressly stimulated that this officer shall be a native and a subject of China.

The authorities of the island of Cuba shall accord to the Chinese consul-general all the facilities in their power to place him in communication with his nationals, and shall give him all the protection which is his due.

Art. VI. The subjects of China residing in the island of Cuba shall be possessed of all the rights, privileges, immunities, and guarantees of every sort which are accorded to the subjects and citizens of other powers.

Art. VII. Chinese subjects shall have free access to the Spanish tribunals to defend or maintain their rights. They shall enjoy the same right as to testimony with the residents on the island, and shall have in all respects the same treaty-rights as the subjects and citizens of other powers.

Chinese subjects shall have the right of representation before tribunals by their consul, or his deputy, who shall attend the sittings in the position of attorney.

In the cases of complaints made by Chinese subjects actually residing in Cuba, and who have made such complaints of ill-treatment prior to the exchange of the ratifications of the present convention, the Spanish courts will examine such cases separately and deal with them equitably.

Art. VIII. The consul-general of China at Havana, and the proper authorities of the island, shall conjointly arrange regulations for the registration at the consulate-general of all Chinese emigrants now upon the island or who may arrive hereafter; and measures shall be agreed upon between the authorities and the consul-general for the protection to be accorded to emigrants.

The Cuban authorities shall communicate to the Chinese consul-general all the intelligence they may be possessed of as to the number and the names of all Chinese subjects in every part of the island, and shall facilitate personal inspection, on the part of his delegates, into the condition of the Chinese engaged to labor on the various plantations.

Art. IX. The transport of emigrants shall only be upon ships which shall conform to the stipulations of the present convention, and with the same provisions for safety and health made for their own people, and those of other countries.

Art. X. The government of His Majesty the King of Spain, desiring to give to the government of His Majesty the Emperor of China a proof of good-will and friendship, engages itself to repatriate, at its own expense, a certain number of persons of condition retained upon the island of Cuba as laborers, the repatriation to be effected upon information from the government of China as to the social condition of these individuals.

The government of Spain also engages itself to repatriate, at its own expense, immediately upon exchange of ratifications of this convention, all Chinese laborers then in the island of Cuba, who are incapacitated for service by reason of any physical infirmity, and who wish to return to China.

The government of Spain will require the employers of Chinese emigrants whose terms of contract have expired, and who, according to the terms of their contract, were entitled to repatriation, to execute the obligations which they have made with the emigrants.

With regard to those laborers who have completed their term of contract, but who are not entitled to repatriation by their employers, and are not themselves provided with the means of return, the local authorities, in conjunction with the counsul-general of China, shall fix upon the requisite measures for providing the means for their return to China.

The emigrants now in Cuba, whose terms of service are already completed, shall receive, immediately upon the signing of this convention, certificates stating that they have fulfilled their contracts, and passports, which shall allow them to circulate freely about the island, or to leave it at their option. Similar certificates and passports shall be given, at the expiration of their terms of contract, to all persons whose terms have not yet expired. All Chinese subjects held in custody by the government of the island of Cuba, not convicted or accused of crime, shall be set at liberty immediately upon the going into effect of the present convention, and shall be provided with the certificates and passports above mentioned, and shall in all respects receive the same treatment as other Chinese subjects.

Art. XI. The present convention, made in _____ copies, shall be ratified, and the ratifications exchanged at Pekin within _____ months, or sooner if possible.

In testimony whereof the respective ministers have signed this convention and affixed their seals.

Done at Peking[, undated].

[Inclosure 9 in No. 73.—Translation.]

Amended protocol from the Tsung li Yamen.

In the matter of the emigration of Chinese coolies to Cuba, the Chinese government having, with the consent of Spain, sent a commission to investigate, the five representatives of Great Britain, Russia, the United States, Germany, and France, acting as mediators, have agreed upon the following articles of a new convention:

Article I. After the investigation by the Chinese government it is still permitted to Spain to engage coolies according to the regulations. But the Spanish government, of its own will, abandons that system. Chinese emigrants shall go voluntarily, and the government of China will oppose no obstacle, according to the rules heretofore made, to which consent is here renewed. Spain agrees to deal with Chinese emigrants according to the Chinese emigrant laws in force in the United States. In the case of criminals flying from justice, and all kidnapers and the like, they shall be dealt with according to the 10th article of the former treaty.

Art. II. All persons, who, either in the ports of China, or at other points of departure, steal or kidnap Chinese, and force them to go abroad contrary to their will, shall be rigorously dealt with according to the laws of the two governments.

Art. III. All points of difference between the two governments are hereby declared satisfactorily adjusted, and all questions of indemnity on either part are waived.

Art. IV. China will appoint consuls to reside at Havana and other ports, who shall receive the same treatment at the hands of the Spanish government as is accorded to the consuls of other nations. The Spanish officials shall accord to the Chinese deputies all the facilities necessary for their free intercourse with their nationals, and for affording them proper protection.

Art. V. Chinese laborers and emigrants in Cuba shall receive all the privileges of liberty to travel, trade, protection, and similar advantages which are now, or may hereafter be enjoyed by the citizens or subjects of other nations, and Chinese shall not be treated like the blacks.

Art. VI. After the appointment of consuls to Cuba, the Spanish officials shall, in conjunction with them, investigate and settle all cases of complaint; all modes of redress open to other foreigners shall acquire to the Chinese; and in matters of every sort they shall be treated as other foreigners. The Chinese shall be represented by the Chinese consul, or his deputy, who shall have in the courts the position of attorney; and all cases of complaint or hardship coming previous to the signing of this convention shall be separately investigated and equitably settled by the Spanish tribunals, according to the rights granted to other foreigners.

Art. VII. The Chinese consuls in Havana and other ports shall, in conjunction with the proper authorities, fix regulations for the government of the Chinese now in Cuba, and who may hereafter go, and agree upon laws for their protection; and the Cuban officials shall report the number and names of all Chinese upon the island to the Chinese consul for registration, and shall devise suitable regulations for enabling the consul or his deputies to have direct communication with the Chinese laborers, and inform himself of their condition.

Art. VIII. In future all ships carrying Chinese emigrants shall conform to the terms of this convention, and to the regulations of their own governments for the protection of emigrants.

Art. IX. As emigration is to be voluntary, the clause in former regulations providing for the examination of laborers shipped on cooly-vessels need not be enforced; but in the case of ships clearing for Cuba direct, whether they carry single emigrants or families, they shall be regulated according to the 10th article of the former treaty with Spain; and no emigration shall be allowed from other than treaty-ports.

At the departure of any vessel carrying emigrants, the customs Taotai of the port shall send a deputy to make examination of the passengers. If it really appears that they go of their own accord, the customs Taotai shall give a passport to each, bearing the seal of his office, which shall be indorsed by the Spanish consul, and then handed over by the commissioner of customs to those who are to go abroad. On the emigrants’ arrival in Cuba, the passport shall be submitted to the inspection of the Chinese consul. If it appears to the deputy that the emigrants do not go voluntarily, but are induced or led to it by other parties, the said emigrants shall be handed over to the customs Taotai for his action.

In case of emigrant-vessels clearing for other ports, and not direct for Cuba, in addition to the above-stated examination at the time of their clearing by the customs, and the ascertaining by the proper authorities that there are no unwilling emigrants on board, within one day after the arrival of the emigrants by such vessels in Cuba, they shall proceed to the Chinese consulate and obtain passports.

In case the Chinese consul discovers among them those who have not the passport of the customs Taotai, and have not obtained such a paper from him, it shall be held ground for suspicion that such persons are either criminals evading justice, or have been kidnaped, and the consul shall examine and deal with them according to the facts.

Art. X. The customs Taotai shall fix a time for the examination of ships about to sail with emigrants, and the ship-master must in advance notify the customs Taotai of the time of sailing. In case the ship-master fails to notify the Taotai, and sails in advance of the examination, his ship shall be confiscated.

Art. XI. All voluntary Chinese emigrants who may hereafter go to Cuba shall receive the same treatment as other nationals, and in the matter of passports to travel no special regulations shall be made for the Chinese, to restrain them to labor, different from those made for other nationals.

Art. XII. Spain desiring to give China a proof of friendship and good will, agrees; upon information to be furnished by China, to repatriate, immediately upon the exchange of ratifications of this convention, at her own expense, certain persons of quality now held to unwilling labor in Cuba; and, also, to repatriate all those Chinese laborers in Cuba who are unable to labor because of disease, and desire to return, at her own expense. She also engages to require the employers of coolies whose terms have expired, and whose contracts specify for their return, to return them according to contract. When there is no such stipulation, and the laborer has no means of his own, the Spanish government engages itself to send him to China at its own expense, and without charge to the laborer.

All laborers now in Cuba whose terms have expired shall be furnished with a certificate of completed contract, and a passport allowing them to travel or leave the island. In the case of laborers whose terms have not yet expired, in addition to giving them at once a permit to go and come at will on completion of contract, they shall be furnished with the papers above mentioned; and all Chinese laborers now under confinement in government depots shall be at once liberated, allowed to go at will, or leave the island, and none shall be compelled to labor or suffer extortion, but shall be furnished means to return to China, or allowed to remain in the island and engage in trade, at their option.

Art. XIII. All those whose terms have not expired, and those who have no fixed term of contract, shall at once, upon the signing of this convention, be treated as free emigrants, and as other nationals; and upon the signing of this convention between China and Spain all the cases of imprisonment, working for government, and all other cases of injustice, hardship, and wrong of every sort shall be investigated and ended, and the former ill-treatment shall not be allowed.

Art. XIV. In cases of indebtedness of Chinese laborers in Cuba to their employers, the Spanish authorities shall, in conjunction with the Chinese consul, adjudicate them; but they can only recover the amount of the indebtedness, and cannot imprison them as absconding criminals.

[Inclosure 10 in No. 73.—Translation.]

Mr. Faraldo to Mr. Avery.

Peking, June 9, 1875.

My Dear Colleague: In response to the note which you have addressed me under the present date, I have the honor to reply that, as it seems to me, my government cannot consent to Article VI, and to paragraph 5 of Article X of your project for a convention, since it modifies essentially, even to nullifying, in my opinion, certain points in the treaty of October 10, 1864.

The project presented by Mr. Otin for the regulation of free emigration of Chinese laborers to the island of Cuba offers all the desired guarantees for the protection of the rights and the interests of the emigrants, and avoids all the difficulties which can present themselves.

I embrace this occasion, my dear colleague, to renew the assurance of my sincere regard.

FIB. FARALDO.

[Inclosure 11 in No. 73.]

Foreign ministers to Tsungli Yamen.

Copy of a note addressed by Russia, the United States, Great Britain, and France to the members of the Tsungli Yamen, under date of June 10, 1875.

The undersigned having again addressed a note to the Spanish minister to obtain his opinion upon certain stipulations of the project for a settlement of the question of emigration to the island of Cuba, have the honor to inform your excellency the ministers of the Tsungli Yamen, that M. Faraldo declares himself unable to accept Article V^* of the project, and other clauses which refer to freedom of circulation, since these stipulations modify essentially and annul in certain points the stipulations of the treaty concluded between China and Spain, 10th October, 1864.

The undersigned avail themselves, &c.

[Inclosure 12 in No. 73.—Translation.]

Tsungli Yamen to the foreign ministers.

Upon the 10th instant we had the honor to receive a note stating that the protocol for a convention in the matter of Chinese emigration to Cuba had been submitted to the Spanish minister, and a reply received from him stating plainly that he could not accept the fifth article,^* and the clauses elsewhere allowing the Chinese to go about at will, because they differed greatly from the provisions of the Spanish treaty made in 1884, and parts had been stricken out.

The undersigned would remark that China deals with Spanish subjects in her dominions as she does with all other nationals, and Spain certainly ought to treat Chinese within her borders as she treats the subjects or citizens of other powers.

The refusal of the Spanish minister to assent to the fifth article, and those clauses elsewhere which allow the Chinese in Cuba to move about at will, is an act of disrespect to China, and the undersigned, servants of His Imperial Majesty, cannot consent to any insult, of whatever nature, to the dignity of China.

With regard to the statement of the Spanish minister that the clauses referred to “differ greatly from the provisions of the Spanish treaty of 1884, and parts had been omitted he fails to state clearly what has been altered and what omitted, and the undersigned would request your excellency to inquire particularly of his excellency the Spanish minister and inform them.

With cards, compliments, &c.

Peking, June 15, 1875.

To the representatives of Russia, the United States, Germany, France, and Great Britain.

[Inclosure 13 in No. 73.—Translation.]

Mr. Bützow to Mr. Faraldo.

Peking, June 26, 1875.

My Dear Colleague: My colleagues and I have not failed to bring to the notice of the Chinese ministers the statement contained in the letter which you were so kind as to address me upon the-instant relative to Article V and the fifth clause of the Article IX of the project for a convention upon the emigration to the island of Cuba.

The ministers, in response to this communication, have informed us that they cannot consent to strike out from the project in question the clauses in references to which you have taken exceptions; and I can only send, you a copy of the ministers’ note in order to acquaint you with the considerations on which their refusal is based.

You are aware, my dear colleague, that we have endeavored in vain to secure the acceptance, by the members of the Tsungli Yamen, of certain restrictions of the principle of the participation by the Chinese in the rights which are conceded to other foreign residents in the island of Cuba, and that we have consequently been unable to arrive at a reconciliation between the demands of the Chinese government and those which result from the peculiar conditions consequent upon your establishing a special rule for Chinese emigrants to the island.

The status of Chinese emigrants in Cuba is the main point in the question of Chinese emigration, and any arrangement of this question is impossible while that point is undecided.

We are unable to see how, in view of the declarations made by yourself and the Tsungli Yamen, our good offices can further serve to bring to agreement the great difference existing between your government and that of China.

Our mediation finds itself in the presence of incompatibilities which we are unable to reconcile; to pursue it, without concessions made on either part, would not serve in any way to lessen the distance which separates the demands of the two parties.

It is with regret that my colleagues and I are obliged to abandon the work which we had undertaken.

But I believe I am able to assure you that we hold ourselves in readiness to give you our co-operation if it can be used in a more efficacious manner than has been possible heretofore.

BÜTZOW.

[Inclosure 14 in No. 73.]

Foreign ministers to the Tsungli Yamen.

Peking, June 27, 1875.

The undersigned have had the honor to receive from their excellencies the ministers of the Tsungli Yamen, under date of the 15th instant, a note relating to the statement of the Spanish minister, that certain points of the project for a settlement of the question of emigration to the island of Cuba, &c., as well as the note accompanying the project for a modified convention from your excellencies.

The undersigned have communicated the first of these notes to the minister for Spain and have informed him that they could not further give their good offices in the question of emigration to the island of Cuba, since the last declarations of your excellencies and those of Señor Faraldo will not permit them to hope that their efforts to bring about an arrangement by mutual concessions would be successful.

The undersigned see even more the difficulty of further mediation, since the new project of the Tsungli Yamen contains clauses entirely inadmissible, as the undersigned have frequently embraced occasion to explain. Your excellencies, in bringing forward these stipulations, and declaring their unwillingness to renounce them, increase the difficulties of an adjustment. The mediation of the undersigned is impossible under existing circumstances.

• BÜTZOW.
• AVERY.
• VON BRANDT.
• ROCHECHOUART,
• FRASER.

1. Article VI of inclosure 8.
2. Article VI in inclosure 8.