No. 142.
Mr. Avery to Mr. Fish.

No. 25.]

Sir: Referring to my No. 15 of December 14, in which I informed the Department of the common action resolved upon by the ministers of Great Britain, Russia, the United States, and Denmark, and the chargés d’affaires of Germany and France, to secure protection for the Danish cables on this coast, I have now the honor to inform you of the results so far.

First allow me to express my gratification at the receipt of instructions (No 193, of October 31, 1874) to lend the Danish minister here my good offices. All the legations joined in this affair are now equally under instructions.

At a meeting held on the 23d of December, pursuant to agreement, copies of the protocol, inclosed in my No. 15, were signed and exchanged, and the notes to be handed in to the Tsungli Yamen, identical in substance but not in language, were read, compared, and found to be in complete harmony. All concurred in representing the importance to Chinese, as well as foreign interests, of maintaining the cables intact, and in requesting the Yamen to order measures for their protection. It was agreed to ask simply for protection, and nothing more, leaving recognition to be inferred thereafter. The notes, or translations thereof, were sent into the Yamen on the 28th of December. A copy of my own is sent herewith, and represents the spirit of the whole. On the 12th of January, Prince Kung returned an identical reply, a translation of which is also given herewith. He relates at some length the history of previous appeals to the Yamen in behalf of telegraph enterprise in China, laying particular stress upon the difficulty of preventing injury to such works, and stating that, with reference to the cables, the imperial government had explicitly declared beforehand that it would not become responsible for any damage which might be done to it. The prince adds that the injuries now said by the ministers to threaten the cables were just what he had predicted, and he repeats the difficulty of preventing them. Nevertheless, he has caused copies of the correspondence on the subject to be sent to the governors-general and high ministers of the maritime provinces, “that they may take into consideration what measures for protecting the cable can be devised, and give orders to the local authorities under them to constantly give it such an oversight as is in their judgment possible.”

The conclusion of the prince’s letter is more satisfactory than the preamble, though the real value of the apparent concession will depend upon the practical measures taken by the officers of the seaboard provinces. Not to have received the old reply, “It is impossible,” or “We do not see how this thing can be done,” and there an end, is encouraging. The letter of the prince impliedly recognizes the cable as a thing to be protected, and has no word of objection to telegraphs per se. Evidently his main anxiety is to avoid responsibility for any damage that may occur. If telegraphs can be erected and maintained without troubling the Yamen, he is no longer inclined to say they shall not be permitted; but he wants it understood he is not responsible should they be injured.

This position is some advance on the old attitude of obstinate resistance. It makes a little progress possible under the prudent enterprise [Page 261] of individuals, and prepares the way for more liberal concessions hereafter.

Owing to the death of the Emperor, which has caused some delay in business, no response has been yet made to Prince Kung.

* * * * * * *

Meanwhile there is a probability of telegraph discussion on another point. After encouraging the erection, of a land-line from Foo-chow to Amoy, and posting proclamations for its protection, the Chinese officials at Foo-chow threaten to tear down the wires and poles, unless the Danish company stop the work. As thirty-five miles of wire were stretched at last accounts, and the people had shown no fear and no hostility, there is no excuse for this change of attitude on the part of the officials, especially as it is known the Peking authorities have left them quite free to encourage the enterprise as they began. General Raasloff has already addressed the Yamen on the subject, hinting that they would be held responsible for damages should violence be committed. They expressed surprise at what was said to be going on; had not one word of objection to the telegraph; promised to write to Foo-chow in the matter, and altogether seemed to be quite friendly.

Unless the Foo-chow officials shall have proceeded to extremities before they hear from Peking, it is not unlikely the work will yet be allowed to go smoothly on to completion. All the proceedings are watched with keen interest by foreigners in China, as well as by such of the natives as are friendly, in however secret and timid a way, to foreign improvements.

The character of telegraphs as essential adjuncts of commerce is more and more apparent, and the policy of insisting upon official permission for their safe enjoyment is sure to be strongly urged. Should the Foo-chow line be torn down or stopped in its progress, the event would create much feeling, and probably lead to a joint protest on the part of the diplomatic body.

I have, &c.,

BENJ. P. AVERY.
[Inclosure 1 in No. 25.]

Mr. Avery to Prince Kung.

Sir: You are aware of the arrival here of General de Raasloff, His Danish Majesty’s minister to the court of China. I am informed that General Raasloff is instructed to procure protection for the telegraph-cables laid along the coast of China by the Great Northern Telegraph Company of Denmark, and that he will address your highness on this subject at an early day. As this is a matter in which my country, as well as all others with which China has treaty relations, is also much interested, I beg leave now to express the hope, which I am certain is shared by my Government, that the request of the Danish minister may be favorably received, and that such measures may be taken in accordance therewith, as may seem to His Imperial Majesty’s government best calculated to effect the end in view.

These cables are used by people of all nations, including the Chinese, and are very important to the commerce of the empire, as your highness must know. They cannot be broken or interfered with by ignorant or malicious persons without great loss, not alone to the company owning them, but to people engaged in trade, and to the imperial customs department, which derives from that trade a large revenue. These cables also connect China with telegraphs reaching to all parts of the world, and any accident or mischief to them would prevent the speedy communication of intelligence, which is very necessary in these times to successful commerce.

I feel certain that your imperial highness is well informed of these facts already, and I only refer to them because they furnish the reasons that induce me to hope that [Page 262] you will give the Danish minister’s request your favorable attention. The cables are not offensive to the people; they are in nobody’s way, and interfere with nobody’s rights; but without some action on the part of the imperial government for their protection, in conjunction, if you please, with the foreign representatives, they are constantly liable to such injury as I am informed has frequently happened.

Hoping to receive an early and favorable reply, I avail myself of this occasion to renew the assurance of my respect, and am

Your highness’s obedient servant,

BENJ. P. AVERY.

To His Imperial Highness Prince Kung, &c., &c.

[Inclosure 2 in No. 25—Translation.]

Prince Kung to Mr. Avery.

Prince Kung, chief secretary of state for foreign affairs, herewith sends a reply in relation to the telegraph-cable, a thing which is not clearly mentioned in the treaties.

In the year 1861 the Russian minister, Colonel Balluzech, in a personal interview at the Yamen, first brought up the proposition to put up a telegraph-wire between Peking and Tientsin. He was informed at the time that this government could not insure its remaining untouched, and that it would be constantly liable to injuries; for which reasons and chances of failure the matter was accordingly dropped.

In 1862 the British minister, Sir Frederick Bruce, returned to the subject in a dispatch, stating that he had heard that the Russian minister wished to have an air-line put up, and desired to know whether the Chinese government was willing. If they could see their way to erect an air-line which would connect all the ports along the seaboard on the east and south, he was sure that they would derive great advantage therefrom. The foreign office replied to his note that there were so many difficulties in the way of allowing the erection of a telegraph that His Majesty’s government could not see their way clear to grant it.

In 1865 the Russian minister, General Vlangaly, wrote a note, accompanied by a paper showing the principal parts of a telegraph-instrument, and stating that if China would set up a telegraph on this plan she could manage it herself. The foreign office replied to the general that whatever advantages might accrue from its establishment, China had no wish to monopolize them; but that if anybody, no matter of what country, would show how it could be put up so that there would be no risk from injury or damage, she would very gladly accede to the proposal.

The truth is, in reference to setting up the telegraph, that, from the first, I (the Prince) have been particularly anxious in respect to the difficulty of preserving it from injury, and am still unable to see how it can be prevented.

In 1870 the British minister, Mr. Wade, represented the desirableness of laying a submarine cable. In his note he stated that during all the discussions in the previous years a land-line had alone been spoken off; but that in the plan he advocated the end of the cable alone would need to be brought ashore and worked in the foreign hongs or a room in them. The foreign office replied, that the dacoits and pirates along the coasts were so fugitive in their movements, that it was quite out of the question to devise means to effectually protect the cable; should any damage be done to it, therefore, by malicious fellows, it would involve its owners in great losses, for which the local authorities certainly could not be held responsible; and, in short, herein consisted the great difficulty of carrying out the enterprise.

Mr. Wade answered that he had carefully considered this point, and no difficulty need arise from it; for if China did not wish to permit the end of the cable to be brought ashore, it could easily be disposed of and worked where the land and water bordered on each other; and he would instruct the telegraph company so to manage it. A reply was made to this that after it went into operation His Majesty’s government would have still much difficulty in Overseeing it for them; but it must be understood that no Chinese local official would be held responsible for any damage done to the cable.

This danger of constant injury to it, and the difficulty of preventing it, were the points which caused me extreme anxiety; but as Mr. Wade only proposed to lay the line along the coast, I could not omit to clearly state beforehand that in no case would His Majesty’s government become responsible for any injury which might be done to it.

Your excellency’s dispatch, now before me, and those from the other ministers, all speak of the frequent injuries and cutting done to the cable, which is just what the dispatches from the foreign office long ago indicated. These various dispatches now received refer mainly to two kinds of injuries to which the cable is exposed, viz, one [Page 263] from accidental damages done by native vessels, the other from the thefts of designing rascals.

As the cable lies at the bottom of the sea, and cannot be seen, it is plainly impossible to forbid vessels going where they list, and anchoring where they please; injuries to it, suffered by casting anchor or putting down a pole, must be looked upon as wholly unintentional and cannot be punished as crimes. Yet they are just as difficult to be guarded against, and so are the thefts committed by piratical boats which skulk along the coasts, and dodge in and out of the inlets, so that it is well-nigh impossible to seize the fellows who steal the cable and bring them to justice.

Taking into consideration, however, the statements given in the various dispatches now received in relation to this thing, and in view of the friendly relations subsisting between all the parties, I have ordered copies of them to be sent to the governors-general and high ministers of the maritime provinces, that they may take into consideration what measures for protecting the cable can be devised, and give orders to the local authorities under them to constantly give it such an oversight as is, in their judgment, possible.

To His Excellency Benjamin P. Avery,
United States Minister.