Foreign Office to F. F. Low, July 6, 1873

Foreign Office to Mr. Low.

The Ministers of the Foreign Office to his Excellency Mr. Low:

On hearing, some time ago, of the cruelties inflicted on the Chinese emigrants at Havana, and in the island of Cuba, we addressed a letter to M. Pereyre, the Spanish minister, informing him that emigration to those places could no longer be permitted. This decision was concurred in by all the treaty-consuls, and by them made known to the public.

The subject has now been again mooted by M. Otin, the Spanish chargé d’affaires, and as a difference of opinion has arisen between him and the foreign office with regard thereto, it has been suggested that the question be referred to the arbitration of the foreign ministers.

On the 15th of June, M. Otin wrote to the Minister Wãusiang, stating that the two points on which it was desirable that each side should fully state their views to the arbitrators, were these:

• Has Spain the right, under treaty, to insist on a free emigration to Cuba?
• Has China the right, under treaty, to stop emigration to Cuba on the score of cruelties inflicted there on the emigrants?

To this Wãusiang replied:

“Emigration is no doubt permitted under Article X of the Spanish treaty; but in that very article there is a distinct proviso that emigration is to be conducted under rules adapted to the requirements of each particular port, which are to be drawn up with the view of affording the fullest protection to the Chinese emigrants. And if cruelty does exist, the proviso about fullest protection is certainly violated. The present intention of the foreign office, to prohibit emigration to places notorious for the cruelties inflicted on the coolies, is not to be taken to mean that emigration to countries where Chinese coolies are not thus cruelly used will no longer be permitted.”

With reference to the foregoing, the foreign office would observe that the convention, in twenty-two articles, concluded with England and France in 1866, had for its object the protection under treaty of the Chinese emigrants. It was certainly never meant to authorize the continuance of emigration under conditions which were inflicting injuries on the emigrants.

As the reply sent by Minister Wãusiang to M. Otin sets forth clearly when emigration is to be allowed, and when it is to be stopped, it only remains for the foreign office to request the foreign ministers to inform them—

• Whether it is true or not that cruelties are inflicted on Chinese coolies in Cuba?
• Whether, supposing it be true that Chinese coolies are cruelly used in Cuba, the foreign office ought quietly to submit to their emigrating there?

To these two questions the foreign office will feel obliged if the foreign ministers, after an impartial deliberation, will return a plain answer. If they prefer to confer personally with it on the above points, they are requested to name a time and place of meeting.

Compliments, &c., with cards of the eight ministers.