No. 143.
Mr. Avery to Mr. Fish.

No. 27.]

Sir: In continuation of my No. 25, referring to the joint action had here in behalf of telegraph enterprise, I have now the honor to give you the following additional facts.

On the 27th of January the signatories of the protocol of December 20 met, to consider how they should treat the reply of Prince Kung to their request for protection to the cables.

* * * * * * *

As the reply of Prince Kung to our several notes was identical to all, it was resolved to make our response also identical. The form adopted is included in the protocol, of which I send a translation.

To insure uniformity in the Chinese text, the translation for all was made by one hand. This document was sent in to the Yamen within two or three days, and since then the consular dispatches have been forwarded as agreed. On my part, I sent copies of the form given in inclosure 3 to Consul-General Seward, at Shanghai; to Jos. J. Henderson, at Amoy j Edward C. Lord, at Ning-po; Eobert M. Tindall, at Canton; M. M. De Lano, at Foo-chow; and James C. A. Wingate, at Swatow. I have also requested Mr. Sheppard, our consul at Tien-tsin, to communicate with Li Hung-Chang for me—inform him of the proceedings here, and suggest the issuance of a proclamation by him. His friendly action would have a great influence in other provinces.

Nothing remains now but to await the effect of the Yamen’s communication to the seaboard officials; and there is nothing to add to this dispatch which is not contained in the inclosures.

I have, &c.,

BENJ. P. AVERY.
[Inclosure 1–in No. 27.—Translation.]

Protocol.

The undersigned, signatories of the protocol of the 20th of December last, have met again to take into consideration the note (identical) of January 11, which the Tsungli [Page 264] Yamen has delivered to them, in reply to their notes dated, respectively, the 24th, the 28th, and the 28th of December, relative to the protection of the telegraphic cables in the waters of China.

The undersigned freely admit that in taking the measures demanded by them, the Yamen has given proof of good-will; but they do not admit the justice of the general remarks which they find in the first part of the reply, and with which the Yamen has thought proper to precede its decision. They regard as entirely inadmissible the assertions and insinuations of the Yamen, relative to the pretended very great difficulties in the way of efficacious protection of lines of telegraph, whether submarine or aerial. These assertions contradict the experience already had, and are inconsistent with what we know as to the authority of the Chinese government. But if, on the one hand, the undersigned do not admit the justice of the remarks alluded to, they do not, on the other hand, deem it to be timely or necessary to open a discussion upon these points-; and they think it is enough for the present to make a simple reservation relative to the same in the response which they contemplate making to the Tsungli Yamen.

In view of these considerations, the undersigned agree—

1. That each of them shall address, in reply to the Tsungli Yamen’s identical note of the 11th instant, an answer in these words:

“The undersigned has had the honor to receive the note of January 11, which the Tsungli Yamen [or Your Imperial Highness] was good enough to address to him in response to his note of, relative to the protection of the telegraphic cables in the waters of China. The Tsungli Yamen [or Your Imperial Highness] announces in the last part of this note that in consideration of the request of the undersigned and his colleagues, it [he] has decided to give the necessary orders, so that the authorities in the maritime provinces may take efficacious measures for the protection of the cables.

“In consideration of this decision, and appreciating as he does the friendly disposition it evinces, the undersigned thinks that he may, for the present, abstain from discussing the observations which he finds in the first part of the note, and with which the Tsungli Yamen thought proper to precede its decision; and he will not fail to give, conformably to the promise conveyed by him in his note, the necessary orders to the consular officers of his nation, so that they may co-operate with the Chinese authorities for the efficacious protection of the cables mentioned.

“The undersigned avails himself &c., &c.

2. That, conformably to the promise made to the Tsungli Yamen, each of the signatories will—

(a)
Bring to the knowledge of the consuls of his nation, in the way that seems best to him, the contents of the correspondence above mentioned between him and the Tsungli Yamen; and—
(b)
Give to those officers instructions to put themselves in communication with the Chinese authorities in order to inform themselves of the measure which may be adopted by the latter, and, in case of need, aid them with advice; to inform their legation of what the Chinese authorities have done; and to indicate the measures which may, in their opinion, be useful and convenient for adoption to the end in view by the consular authorities and other foreigners.


(Signed)
WADE
.
BÜTZOW
.
AVERY
.
RAASLOFF
.
HOLLEBEN
.
ROCHECHOUART
.
[Inclosure 2 in No. 27.]

Mr. Avery to Mr. Seward.

Sir: It is well known to you that the Great Northern Telegraph Company of Denmark has for some years maintained a cable along the coast of China. Its continued maintenance intact having become of vital importance to the foreign nationalities here, whose business it facilitates, and to whom, through its Russian, English, and Japanese connections, it affords a means of speedy communication with the rest of the world, the representatives of the leading treaty-powers at this court lately resolved upon a joint request to the Tsungli Yamen for official measures of protection. Uniting with Gen. de Raasloff, His Danish Majesty’s minister, the ministers of England, Russia, [Page 265] and the United States, and the chargés d’affaires of France and Germany, addressed notes to Prince Kung, asking that such measures might be taken for the protection of the cables as seemed most proper to the imperial, government. These notes were transmitted to the foreign office on the 28th of December, and on the 12th of January the representatives named received a reply, in which Prince Kung, after reciting previous efforts to obtain telegraph concessions, and the difficulties in the way of affording such enterprises protection, concludes as follows:

“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 existing between all the parties, I have directed that copies of them be sent to the governors-general and high officers 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 oversight as is, in their judgment, possible.”

The Chinese text of the foregoing is given below. The passage is considered as conveying a favorable answer to our request. It is certainly an advance upon anything the yamen have heretofore said on the subject of telegraphs, for they offer nothing in hostility or by way of objection, but announce that they have given orders, in the usual way, to the local officials to see that the cables are protected. Of course the full value of Prince Kung’s communication to the officers of the maritime provinces will depend upon the efficiency of the practical measures taken by them in consequence. In order to be advised of these at as early a day as possible, and to follow up their own influences in the matter, the representatives before named have agreed to address their respective consuls on the subject, instructing them to learn and report what may be done in accordance with Prince Kung’s letter.

I have therefore, to request that you will advise me of whatever comes to your knowledge, and, further, that you will, if circumstances seem to make it proper and useful, assist the governors-general and high officers of your province by counsel and suggestion. If the governors-general of the seaboard provinces could be induced to issue a proclamation, saying, in effect, that they have been directed by the central government to see that the cable is protected, and notifying the people, and especially boatmen and sailors, that it cannot be molested with impunity, such a measure would be very useful in giving the widest notoriety and as a precedent for the future. It will be well, also, to show to the officials the Chinese text of Prince Kung’s reply, as given in this dispatch.

By recent dispatches from the Department of State, I am instructed to aid the Danish minister in the object of his special mission here; but apart from this fact, the matter is one that vitally concerns all foreign interests in China, is one of the means of bettering the empire, and, therefore, commends itself to American sympathy and care. I am well aware of your intelligent concern and effort in behalf of telegraph enterprise already, which have my hearty appreciation; and I rely, therefore, with the more confidence, upon your co-operation with the efforts of the legation.

I am your obedient servant,

BENJ. P. AVERY.

Geo. F. Seward, Esq.,
United States Consul-General, Shanghai.