Moustier to John A. Dix, July 24, 1867

Mr. Moustier to Mr. Dix

Gereral: By the letter which you did me the honor to address to me on the 20th of April last, you kindly communicated to me, in the name of the federal government, the instructions which have been sent to the minister of the United States at Peking, on the subject of the new municipal regulations of the French concession of Shanghai.

It appears from this correspondence, of which I have taken cognizance with particular interest, that The cabinet of Washington, while provisionally approving the protest of its consul general at Shanghai against the municipal organization of the French quarter, has requested Mr. Burlingame to study the question in concert with the ministers of England, Prussia and Russia, and to examine if this organization be compatible with the rights and interests of the citizens of the United States, or if it could become so by means of certain changes.

The governments of Russia and Prussia, having to the present moment addressed no observation whatever relative to the new order of administration of the French concession of Shanghai, to the imperial government, I have reason to believe that they are disposed to join in the resolutions which may be adopted by the other governments interested in the case. In regard to the cabinet of London, I am happy to find myself able to announce to you, general, that it gives its complete adhesion to the French municipal regulations. It recognizes that the fusion of the two establishments situated on the north and the south of the Yang-King-Pang is henceforth impracticable, and that on the other hand it cannot contest the right of the imperial government to regulate, as it has done, by delegated authority from the court of Peking, the administration of the quarter especially appropriated as the residence of French subjects. One single provision had raised on its part some objections, which I was examining at the time when I received your communication, and which I fortunately succeeded in removing. It had appeared to the London cabinet that the 16th article of the regulations did not protect in terms sufficiently explicit the principle of the rights of persons, and it demanded that the sense of the article should be defined by an explanatory declaration intended to prevent any application contrary to these principles. To respond still more completely to its desire, and to prevent analagous objections which might be presented hereafter by other governments, I have decided to alter the 16th article entirely, and have announced my intention to substitute the following provision:

“The consul general, in concert with the authorities under whose jurisdiction the foreign residents may be placed, and in accordance with the principles of a just reciprocity, shall determine the manner of the execution of the warrants of arrest, which their authorities may issue, as well as of all judgments and orders of seizure issued against strangers, resident or in transitu in the concession.”

The British government declared immediately that this change satisfied entirely the objections which it had felt obliged to make. At the same time it has given its full assent to the bases on which I had proposed to regulate the details of the question relative to the mode of execution of sentences, warrants of arrest, &c., &c., issued by the respective judicial authorities. These resolutions are indicated in a letter which I addressed the 23d of May last to the ambassador of her Britannic Majesty at Paris, and of which I have the honor, general, to communicate to you a copy herewith. Besides it is understood that the modification of article 16 of the regulation should not go into effect until the legations of France and England have adopted in concert, and conformably with the bases adopted by common accord by their governments, a code of regulations adapted in practice to prevent all conflict of authority, whether between the authorities of the two neighboring “concessions,” or between the agents of the public force placed under the order of these authorities. The two governments have consequently with this view sent simultaneously instructions to their representatives at Peking, requesting them to seek the co-operation of the other foreign diplomatic agents in order to assure as much as possible the application of uniform rules.

Under these circumstances I am glad to hope, general, that the cabinet of Washington will join cordially in the views of the government of France and Great Britain, and that it will instruct its minister at Peking to take part in the good understanding which cannot fail to be established very soon between the representatives of the foreign powers in China in all that relates to the mutual aid which the consular and judicial authorities of the different nationalities should give to each other.

Receive the assurances of the high consideration with which I have the honor to be, general, your humble and obedient servant,