Letter

Copy of agreement., this the 20th day of March, 1876

Copy of agreement.

Concerning the canceling of a certain contract (dated the 21st of May, 1875) about the construction of the Foochow-Amoy overland telegraph line, entered into between the parties of the first part, the high authorities of Foochow, represented by the board of foreign trade, and as parties of the second part the Great Northern Telegraph Company, represented by the director, George I. Holland, R. D.

Upon the declaration of the said high authorities that it is impossible and impracticable at present to carry out the above-mentioned contract, the said company, yielding to force of circumstances, agrees to cancel the same upon the following conditions:

  • First. It has been arranged by both the aforesaid parties that the said contract be at once canceled; the said company to deliver all materials, stations, instruments, &c., which the said high authorities have purchased, to the said board of trade, in terms to be specified in this agreement, and the said high authorities to pay the said company the balance due to them, in terms also to be specified herein.
  • Second. Payment of the whole remaining contract sum, viz, $124,500, (one hundred and twenty-four thousand and five hundred Mexican dollars,) as follows: $50,000, (fifty thousand dollars) this date; $37,250 (thirty-seven thousand two hundred and fifty dollars) on the 24th of April, and the balance of $37,250 (thirty-seven thousand two hundred and fifty dollars) on or before the 22d May.
  • Third. The company at once to deliver to the board of foreign trade all materials, poles, stations, and watch-houses, with their title-deeds, distributed on the line.
  • Upon payment of the second instalment, deeds of transfer of the company’s property at Nantai (Foochow) to be prepared, and the same, with all materials, stationery, &c., in the company’s go-down, to be handed over to them on the day of payment of the third and last instalment, deducting from that amount any of the articles that may be deficient; the company to deliver the entire quantity of materials, tools, and instruments, poles, &c., specified in the contract, less the quantities destroyed and stolen during the building of the line.
  • Fourth. The company to waive all claims for all and every unexecuted portion of work according to contract.
  • Fifth. The high authorities not to grant similar contracts or concessions to any other foreigners in the reconstruction of this line.
  • Sixth. Should China succeed in building the line herself, and open it for public correspondence, they will grant the company exclusive right to connect their present submarine line with the same, and agree upon a certain scale of charges which can afterwards not be changed without mutual consent; this clause to have no reference to eventual sea-cables, or if China should reserve the line entirely for government services.
  • Seventh. The high authorities will immediately make arrangement with the company for instructing Chinese students for the time of one year, and after the expiration of this time it shall be at the option of the high authorities whether they will further extend this arrangement or not.
  • Eighth. The foregoing stipulations have been submitted by the board of foreign trade to, and approved by, the high-authorities, viz, the governor-general of the provinces of Fuhkien and Chekiang Li; the commander of the Manchu garrison in Foochow, Wang; and the imperial commissioner and governor of the province of Fuhkien, Ling, the contract of 21st May, 1875, having this day been canceled and given up.

This agreement is written in English and Chinese in duplicate, each party to keep one copy, the Chinese text to be binding on the high authorities, and the English text to be binding on the company.

[Official stamps and seal of the board of foreign trade.]
For the Great Northern Telegraph Company,

GEORGE I. HELLAND, R. D.
Sources
FRUS u2014 Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P.