Prince Kung to George F. Seward, January 20, 1880

Prince Kung to the foreign representatives.

Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication in reply:

Upon the 26th of November I had the honor to receive a note from your excellencies, placing before me certain considerations affecting the administration of justice at the port of Shanghai, which had enlisted your joint attention, &c., &c.

The ministers and myself have carefully considered what your excellencies have placed before us, and fully recognize your earnest desire to place the administration of justice between Chinese and foreigners upon a satisfactory basis.

The port of Shanghai having a mixed population of Chinese and foreigners, and the number of cases being very large, a set of rules was prepared by the superintendent of trade in 1868, considered and approved by this Yamên, and communicated to the several representatives for their action in the premises, with the distinct statement that the given deputy is a Chinese official and must be guided by Chinese law and usage.

Since these rules were put into operation there have been no cases of complaint by foreigners against Chinese which have not been speedily decided. The graver cases have from time to time been determined by the customs intendant, acting in conjunction with the consul concerned.

Having now received your excellency’s statement of the several changes desired in the court in question, I have to remark that, as the former ten rules of procedure were prepared by a former superintendent of trade, it will be necessary to transmit a copy of the statement of modifications proposed to the southern superintendent of trade for his consideration in view of present circumstances, and for a report from him. Thereafter this Yamên will give the subject further attention and address your excellency again.

It is much to be desired that the forms of procedure may conform to Chinese usages, and that the administration of law in mixed cases may be made more perfect. Thus the rules can be permanently enforced.

I am writing to the southern superintendent of trade, and upon receipt of his response shall address your excellency further.