No. 181.
Mr. Avery to Mr. Fish.

No. 91.]

Sir: In my No 79, of July 18, detailing certain assaults upon American missionaries and missionary premises, and the efforts made to obtain redress and better protection for the future, I inclosed copies of dispatches to Prince Kung, in which I represented to him that most of the difficulties arose from popular ignorance of the treaty rights of foreigners, and urged upon him the necessity for the issuance of proclamations calculated to remove such ignorance, and warning the people that the persons and premises of foreigners must be respected. The prince sent copies of my dispatch to the superintendents of trade, who have general supervision of foreign relations in the provinces, with certain instructions, as set forth in my No. 79.

As one of the first fruits of this action, a proclamation was recently issued in the province of Fuhkien, the terms of which convince me that [Page 403] the local officials have seen and were influenced by the instructions of Tsung li Yamen.

This proclamation came to me as an inclosure to a dispatch from our efficient consul at Foochow, Mr. De Lano, copy of which is sent herewith, together with a translation of the proclamation, which was made at this legation.

I regard this document as the most important and satisfactory paper relating to the rights of our missionary citizens under the treaty which has been issued within my knowledge in China. It is not only full and clear as to the rights of our citizens, but as to those of native Christians.

On this point Mr. De Lano seems to have exerted himself especially with good effect, and deserves credit for procuring the posting of a proclamation calculated generally to have such excellent results. It is not to be expected that it will entirely prevent insult and violence in the districts where issued, but it must exert a restraining and enlightening influence, especially as it is addressed to officials as well as to the people.

Could such proclamations be issued in all the provinces, I am persuaded the number of missionary difficulties would soon be very small.

It is remarkable that no reservations are expressed as to the rights to reside and to obtain land in the interior by “perpetual lease,” which is the term used instead of “sale” or “purchase,” to designate the mode by which foreigners acquire property subject to the nominal ownership of the Emperor and the eminent domain of the state. The renting of buildings for chapels is, also, put on the same footing as renting for commercial purposes. It would seem from all this that there is no disposition at present to raise a question as to the status of missionaries beyond the limits of treaty-ports.

I ought to explain that the proclamation issues from what is commonly called the “board of trade,” a committee on foreign affairs, peculiar to the province of Fuhkien, which consists of three high local officials, including the Foo-chow Taotai. In this connection, I may state that a late member of this board, the Taotai pan, obstructed the business brought before it by Consul De Lano to such an extent that I made a complaint on the subject to the Tsung li Yamen, which led to his removal not long ago, and the substitution of a more tractable and friendly official. This change much facilitated Mr. De Lano’s intercourse with the board, and led to the prompt consideration of the cases referred to in the proclamation.

I have, &c.,

BENJ. P. AVERY.
[Inclosure in No. 91.]

Mr. De Lano to Mr. Avery.

Sir: I nave the honor to hand you herewith a copy (without translation) of a proclamation lately issued at my request by the committee of foreign affairs at this port, touching the rights ,of foreign missionaries and native Christians in China.

Attacks upon chapels in the interior, discourteous treatment of foreigners, especially missionaries, and persecutions of native Christians, have been greatly on the increase in this province of late. I have with great difficulty procured the publication and the promise of a general distribution of this proclamation, but I find the authorities unwilling to attempt the arrest and punishment of offenders, even when I am able to identify and point them out.

I am almost always able to trace the persecution of native Christians to the instigation [Page 404] of local mandarins, but no matter how clear and undeniable the proof may be against them, the high authorities will not even rebuke them.

I have at this time a case in hand, in which a native convert was murdered by a mob, and most unmistakably at the instigation of the local magistrate, but it is treated as a matter of little consequence.

My faith in the efficacy of the proclamation is by no means strong, but it is a means of getting one article of our treaty before the people, thousands of whom, I dare say, do not know of the existence of treaties.

* * * * * * *

I am, sir, your obedient servant,

M. M. De LANO,
United States Consul.

Hon. Benj. P. Avery,
United States Minister, Peking.,

[Inclosure to inclosure in No. 91.—Translation.]

Proclamation.

The Committee on Foreign Affairs for the province of Fuhkien herewith makes a special proclamation:

With reference to foreigners of every nationality conducting missionary operations in the interior of China, the treaties state plainly that “the principles of the Christian religion, as professed by the Protestant and Roman Catholic Churches, are recognized as teaching men to do good, and to do to others as they would have others do to them.”

Hereafter, those who quietly profess and teach these doctrines shall not be harassed or persecuted on account of their faith. Any person, whether citizen of the United States or Chinese convert, who, according to these tenets, peaceably teach and practice the principles of Christianity, “shall in no case be interfered with or molested.”

First and last, many complaints have been received by the consuls that the literati and people of Yen-cho-fu, Chien-fu, Shao-fu, Hsing-hwa-fu, and the various subordinate villages, being engaged in’idol-processions, repairing temples, theatrical performances, &c, have levied contributions of money upon the Christians, seizing or destroying the property of, and using abusive language toward, those who refused to contribute. These complaints have been laid by the consuls before this committee, which has ordered the local officials to deal rigorously with the cases reported, and to issue proclamations forbidding such things.

In reference to foreigners obtaining land in the interior of the Chinese, under a perpetual lease on which to construct chapels, the lease should be handed over by the foreigner concerned to his consul, and by him transmitted to the local authority for inspection, and in order to receive the official seal, and then returned to the foreigner. And they are permitted to rent the premises of the people for use as chapels in all the cities, towns, and villages as they may choose. Let it be understood that their-renting buildings for chapels is, in all respects, the same as though the buildings were rented to merchants for shops, or to families as places of residence; the neighbors on either hand must not invent falsehoods, or raise objections, but must heed the treaties.

This proclamation is issued in order to fully inform you officials, seniors, soldiers, and common people that the purchase of premises, opening of chapels, and prosecuting of missionary work in all places by foreigners, is plainly specified in the treaty. If in any place a fraudulent sale is made, let full complaint be made to the local officials, and permit no local disturbance to the making of trouble.

In idol-processions, repairing temples, &c., it is not allowed to levy contributions from the Christians, against their will. The literati, soldiery, and common people must treat with respect and courtesy those who preach and practice Christianity, that the Christians and the people may live in peaceful relations. The character “yi”* must, also, not be used in violation of treaty. Foreigners may dwell in all the cities, towns, and villages of the interior, and must not be molested.

If officials, literati, or the people, meet with foreigners, they must treat them with great respect, as an indication of kindly feeling on their part, and must not allow insults, or disrespect of any sort; this for the promotion of a spirit of amity and concord.

In the matter of Chinese professors of Christianity, in case of suits at law, the foreign missionaries will not be allowed to protect or screen them.

After the issue of this proclamation, let officials, literati, soldiers, and populace each do the right, and avoid giving rise to disorders. Should any dare to disobey, he will be most severely dealt with. Give heed, therefore, to this special proclamation.

  1. Meaning “barbarians,” interdicted by treaty.