You will see that it is entirely courteous in tone and substance; that it
states that the subject has been referred to the southern superintendent of
trade for a report, and that a further letter will be addressed to us upon
the receipt of his response.
As that officer will undoubtedly refer the matter to the officials at
Shanghai, it may be some time before his report will be received.
[Inclosure in No. 567.]
Prince Kung to the
foreign representatives.
Prince Kung, chief secretary of state for foreign affairs, herewith makes
a communication in reply:
Upon the 26th of November I had the honor to receive a note from your
excellencies, placing before me certain considerations affecting the
administration of justice at the port of Shanghai, which had enlisted
your joint attention, &c., &c.
The ministers and myself have carefully considered what your excellencies
have placed before us, and fully recognize your earnest desire to place
the administration of justice between Chinese and foreigners upon a
satisfactory basis.
The port of Shanghai having a mixed population of Chinese and foreigners,
and the number of cases being very large, a set of rules was prepared by
the superintendent of trade in 1868, considered and approved by this
Yamên, and communicated to the several representatives for their action
in the premises, with the distinct statement that the given deputy is a
Chinese official and must be guided by Chinese law and usage.
Since these rules were put into operation there have been no cases of
complaint by foreigners against Chinese which have not been speedily
decided. The graver cases have from time to time been determined by the
customs intendant, acting in conjunction with the consul concerned.
Having now received your excellency’s statement of the several changes
desired in the court in question, I have to remark that, as the former
ten rules of procedure were prepared by a former superintendent of
trade, it will be necessary to transmit a copy of the statement of
modifications proposed to the southern superintendent of trade for his
consideration in view of present circumstances, and for a report from
him. Thereafter this Yamên will give the subject further attention and
address your excellency again.
It is much to be desired that the forms of procedure may conform to
Chinese usages, and that the administration of law in mixed cases may be
made more perfect. Thus the rules can be permanently enforced.
I am writing to the southern superintendent of trade, and upon receipt of
his response shall address your excellency further.
Peking, January 20,
1880.
His Excellency George F. Seward, &c., &c., &c.
