Rehfues to Monsieur Wells Williams, Chargé d’affaires des Etats Unis d’Amerique, June 21, 1868

Baron Rehfues to Mr. Williams

Monsieur le Chargé d’affaires: I have the honor to send you herewith a copy of the judgment that the vice-consul of the United States at Tientsin gave on the 8th of this month, in the case of the bark Talee against the steamer Manchu, the reason of which is wholly opposed to all the principles of civil and international justice. Mr. Meadows says in his judgment, that American subjects and those of the North German Confederation are not on a footing of perfect equality, because the Prussian consul is not authorized to give judgment in a similar case; and that consequently it was his intention not to admit the plaints of the subjects of the North German Confederation against American subjects.

It is not necessary for me to explain to you, sir, that Mr. Meadows has acted in this decision on the totally erroneous supposition that Americans and others cannot find any basis before the Prussian consulate, in relation to the reclamations which they may wish to bring there against Germans. This supposition is wholly false.

Doubtless there does exist a difference between the position of the Prussian and American consulates at Tientsin, but it is only one of form. The Prussian government, being of opinion that merchant consuls, like Mr. Spohn and Mr. Meadows, do not possess the requisite knowledge of law to give decisions in cases, (as Mr. Meadows has shown in this instance,) have not accorded this power to such as they. The consular regulations prescribe the procedure in their case to be simply to receive the complaints against German subjects, make a full examination of them, and forward the papers and testimony to the nearest judge.

The course to be taken at Tientsin is in practice as follows: When an American, or anyone else, has a complaint against a German subject, he must address the Prussian vice-consul, who will receive it and make a preliminary examination, collecting all the documents relative to it. These he will then send to Mr. Tettenborn, who is a lawyer and the judge, for him to pronounce the sentence. This course is rather complicated, it is true, but it possesses the advantage of assuring the contestants more fully against the errors and ignorance of merchant consuls in legal matters. There is, therefore, at Tientsin, no denial of justice, however much Mr. Meadows may wish to have it believed, and even to establish it in a judgment.

It seems to me sufficient to apprise you of the serious error into which Mr Meadows has fallen for you to take measures to reverse, by the means at your disposal, a judgment which is not only contrary to all the principles of civil and international justice, but not at all in harmony with the amicable relations which exist between our governments. I need not add that, if this judgment be maintained, I shall be forced to bring it to the knowledge of the chancellor of the North German Confederation; and, while awaiting his instructions, to enjoin the Prussian consuls in China not to attend to the reclamations of Americans against the Germans residing in this land.

In conclusion, I beg that you will inform me, under these heads, whether—

1st. The laws of the United States permit a consul in bankruptcy to exercise the functions of a judge; and whether,

2d. A vice-consul is authorized to decide a case of a certain amount, without the aid of two assessors?

I seize this occasion, sir, to renew to you the assurance of my highest consideration.