B.JENKINS, Interpreter to George F. Seward, October 8, 1866

The Tantai to Mr. G. F. Seward

Ying, the Tantai of Chinkiang, would inform the consul, in regard to the lands rented by American merchants at Tshih-hwa-cheu, the Tantai has been thinking out a good plan for the settlement of the matter in such manner that the said merchants may not suffer loss.

The Tantai finds that no seal has been affixed to the deeds in question by the local magistrates, and that the deeds are not in the name of the foreign merchants, and that according to Chinese law the land should be confiscated and the vendors should be punished.

The Tantai further thinks that, although the merchants paid out their money for the rent of these lands, they violated the 12th article of the treaty in two points. The first point is that they clandestinely rented lands at a place not open to foreign trade, and the second point is that they did not send the deeds to the local magistrates for seal, which bars any claim upon the magistrate to require a refunding of the moneys paid. But the Tantai further thinks that when the transactions were gone into the merchants had no idea of the position in which they were placing themselves, or perhaps they allowed their perceptions to be befogged by their compradores, so that they paid a good price; so that, if the Tantai should not be more compassionate to them, their losses would be very heavy. But then, if the consul general expects the Tantai to refund the prices originally paid and the expenses that have been incurred, that is too difficult to be done. Besides, at the time of making the sales there were, doubtless, many vague expenses incurred by the original owners, which would render the repayment of the amount nominally paid for the land a matter too onerous to be borne by them now. On both sides (the purchasers and the sellers) there was a breach of law; and now on both sides there should be a yielding to the claims of justice.

Now, as regards the American merchant wanting the price originally paid and the interest, the Tantai thinks, on the contrary, that when the land was rented for 15 years and the price paid was 1,000 taels, as three years have elapsed, there should be a deduction of 200 taels.

The Tantai has already set forth this matter by petition despatched to the imperial commissioner, and his reply has been received that, according to the principles of justice, the half of the price originally paid should be collected from the renters and paid over to the American merchants; and this would be justice to both parties; and the Tantai has asked for permission to require the district magistrate of Kyang-too-Sufien to send this amount to the Tantai, that it may be paid over.

The Tantai thinks that the consul general will see the propriety of this plan; wherefore the Tantai begs that the consul general will speedily make this known to the American merchants, and send him a reply, that the amount may be paid over to the consul general to be distributed.

Hereafter the lands rented at Tshih-hwa-keu will in nowise concern the American merchant, and the four deeds will remain in the Tantai’s office for the record of the case.