Legation of the United States,
Peking, December 30,
1893. (Received Feb. 28, 1894.)
No. 1775.]It will be seen that the foreign representatives still refuse to consent
to the Yamên’s proposition. Owing to trouble still likely to grow out of
the recent murder of the two Swedes at Sung-pu, this is an unfortunate
time to present a proposition to restrict or obstruct foreign travel in
China.
[Inclosure in No. 1775.]
Mr. Denby to
the Tsung-li-Yamên.
The minister of the United States has the honor to acknowledge the
receipt of the communication of the prince and ministers of the 15th
instant, wherein they set forth the contents of his dispatch to them
of the 5th instant, in answer to their first communication in which
they requested that foreigners traveling in China with passports,
whether issued at Peking or in the provinces, should be required to
report in person to the local officials en route their arrival as
well as their intended movements. The prince and ministers then
proceed to say
[Page 157]
that this
question “does not in any way mean the alteration of treaty
stipulations, but it is one clearly provided for by treaty, which is
to the effect that foreigners are allowed to travel to all parts of
the interior of China under passports. These passports if demanded
must be produced for examination in the localities passed through *
* *. The examination of passports as provided for by treaty is the
same as the traveler reporting in person to the authorities.”
The foreign representatives differ essentially from the prince and
ministers on the proposition above stated. By the treaties,
passports need only be shown when an examination thereof is properly
demanded. Under the construction above set out travelers would be
compelled to seek out the local authorities in every city and report
to them. There would be considerable inconvenience and delay in the
process. It is not always easy to gain access to a governor or
prefect or taotai. These officials, on the other hand, can always
approach foreigners. It often happens that foreigners traveling in
the interior put up for the night in places in the suburbs and never
go into the cities, and start on their journey early the next
morning. Hence it would be inconvenient in such cases for them to
report to the local authorities in person. It would be easy for the
local authorities to know of the whereabouts of foreign travelers by
instructing their subordinate officials to report to them the
arrival and departure of foreigners at various places within their
jurisdiction.
While the right of foreign governments to require passports from
citizens of other countries traveling in their borders is not
disputed, obstruction in the way of travelers is regarded as a
proper matter of international complaint. The requiring of such
continual and repeated reports in person, as is now suggested, is
regarded as a serious and useless obstruction to the free travel for
which the treaties with China provide. It is also beyond question
true that to require such reports in person, while the treaties only
require the exhibition of passports when demanded, would be adding
new and material matter to the terms of the treaties. The foreign
representatives find themselves unable to make such an addition to
the plain stipulation of the treaties.
The prince and ministers inquire how the local authorities can know
of the presence of foreigners in the interior unless they report
personally to them. To this question it may be answered that when
foreigners travel in the interior their movements attract great
attention and their presence is known to all the people. Under such
circumstances it is the duty of the officers of the departments and
districts to see that protection is accorded to them. It is believed
that no case has ever arisen in China, and that none will ever
arise, wherein the officials in the interior can or could truthfully
plead ignorance of the presence of foreigners in their
jurisdictions. Riots take place ordinarily in cities or large towns,
and hostile movements of the populace are usually known to the
officials before any damage is done and in time to prevent it by
proper exertion. To allow officials to plead absence or want of
knowledge for not performing their duty is not in accordance with
Chinese law in matters affecting Chinese subjects, and such excuses
should not be received in cases in which foreigners are
concerned.
The foreign representatives have, for these reasons, instructed the
minister of the United States to say that the proposition to require
travelers to report as stated can not be acceded to.
The minister of the United States avails, etc.,
