Russell Young to Frelinghuysen, December 26, 1882

No. 72. Mr. Young to Mr. Frelinghuysen.

Sir: I have the honor to inclose a translation of a treaty made between the Chinese grand secretary of state, Li Hung Chang, and the Corean envoys to China.

This convention has excited much attention among the representatives of the powers which have signed conventions with the King of Corea.

I inclose also a memorandum written by Mr. Holcombe, pointing out the salient points in this convention, wherein it diverges from the existing treaties, and the objections the western powers must advance to its enforcement.

Mr. Holcombe’s familiarity with the negotiations which culminated in the treaty signed by Commodore Shufeldt will give value to his analysis as a thorough presentation of the whole subject, and I therefore commend his memorandum to your attention.

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Taking everything into consideration, the legation will hear with pleasure that the Shufeldt convention has been ratified. I think it very important that the United States should have a footing in Corea, and that, having opened the door, we should not close it nor give any other power precedence.

I look upon all our conventions with these Asiatic powers as tentative. We have very little to lose whether Corea becomes a province of China or is annexed to Japan or remains independent. The only power whose presence in Corea would affect our trade would be Russia, as the policy of Russia would be to open trade channels overland and limit the seaboard commerce.

Our convention with Corea is, commercially, a step in the path of progress, and made, as was our first convention with Japan, with the view of extending into Asia the advantages of our civilization. With the other powers it is political, and is bound up with the aims and schemes of western nations for aggrandizement in Asia. As we have no interest in these enterprises, as we have at heart the independence of these Asiatic nations, I am anxious to see our country in a position where her moral influence can aid in maintaining the existing autonomy of China, Japan, Corea and Siam.

The Shufeldt convention puts us in that position, a position we should, not surrender. And any question of trade between Corea and China, or any reciprocal treaty like the one I inclose, is of minor concern, and can be governed by diplomatic action.

I have said that all these treaties are tentative. I think also that the disposition of the Asiatic nations to enter into treaty relations with each other should be encouraged. We cannot expect from the diplomatists of China and Corea that familiarity with the principles of international law which gives sacredness and prestige to the conventions between the western powers; but the Japanese treaty with Corea last summer, and even this extraordinary treaty, are steps towards western ways and laws, and in that have value. These recent treaties have the Oriental quality of imitation in this, that even the faults of western diplomacy, as so regarded by Oriental statesmen, are faithfully copied when they come to deal with one another. If there is one claim, for instance, which they resent and under which they groan as though it were a heavy burden, it is exterritoriality. We regard it as a security against the application of barbarous procedures to our people. The Orientals feel that it is a principle which, when honestly enforced, must in time affect the existence of the Government which accepts it, and that to extend it is to limit the power of the throne, an apprehension which has a basis in logic if not in experience. Nothing would gratify China and Japan more than for the western nations to abandon this right. Yet when Japan and China, who resent exterritoriality forced upon them by western treaties, come to deal with a sister nation, they compel Corea to grant them the same privilege.

I might add further illustrations in evidence; but the point in the whole discussion which seems essential is, that having opened the door to Corea we should go in and do what good we may.

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I have, &c.,

Commercial and trade regulations for the subjects of China and Corea.

Corea having been, from ancient times, a tributary state, the canons of her intercourse in all matters with the Government of China are fixed and need not be changed. But inasmuch as other nations have now established commercial relations with Corea, it is manifestly expedient that the interdict against intercourse by sea be at once removed, to the end that the subjects of the two nations may reciprocally enjoy the advantages of commercial intercourse. And it is further expedient that the regulations for trade at the barrier between the territories of the two contracting parties be taken into consideration and slightly modified to meet the requirements of the age.

The commercial and trade regulations hereinafter established are, however, to be regarded as so many concessions on the part of China to her tributary state, and are not within the scope of the “favored nation rule,” existing between the several treaty powers and China.

The following regulations are hereby established:

Article I. Hereafter commercial agents will be appointed by the northern superintendent of foreign trade to reside at the several ports in Corea which are open to foreign commerce, for the superintendence and protection of Chinese subjects. Such agents shall correspond with Corean authorities upon terms of equality, and shall be treated with all due consideration.

In case grave matters of business arise, in which the commercial agents deem it inexpedient to assume the responsibility of coming to a decision with the Corean authorities, they will report the facts to the northern superintendent of foreign trade, who will communicate with the King of Corea, who will direct his council of state to consider and determine the business.

The King of Corea will appoint an envoy to reside at Tien-Tsin, and commercial agents to reside at the other ports in China which are open to foreign trade. The envoy and the commercial agents shall correspond with intendants, prefects, sub-prefects, district magistrates, and other local authorities at the open ports on terms of equality.

In case difficult questions arise, the commercial agents shall be permitted to make suitable representation to the envoy at Tien-Tsin, who may request either the northern or southern superintendent of foreign trade to take the questions in hand and dispose of them. The necessary expenses of the several agents of the two Governments shall be borne by each Government for itself, and no extortion or demand for compensation shall be permitted. If any agent of either Government persists in arrogant conduct or manages business in an improper manner, upon communication of such facts either by the northern superintendent of foreign trade or the King of Corea, the agent in question will be at once recalled.

Art. II. Suits at law between Chinese subjects at the open ports in Corea shall be heard and determined by the Chinese authorities. In all civil and criminal cases in Corea, in which Corean subjects are plaintiffs and Chinese subjects defendants, arrests shall be made and the cases heard and determined by the Chinese commercial agents. In cases in which Chinese subjects are plaintiffs and Corean subjects are defendants, it shall be the duty of the proper Corean authorities to arrest and produce the defendants, and, conjointly with the Chinese authorities, hear and determine the case according to law.

All cases at law arising in the ports in China which are open to foreign trade, whether civil or criminal, in which Corean subjects are concerned, either as plaintiffs or defendants, shall be heard and determined by the Chinese local authorities, according to law. The judgment shall be communicated to the Corean agent for record. If the Corean subjects concerned are dissatisfied with the verdict, the high Chinese authorities may be appealed to by the Corean agents to order a new hearing in the interest of justice.

When Corean subjects have occasion to visit the offices of Chinese agents in Corea, or of Chinese local authorities at the open ports in China, in order to lay complaints against Chinese subjects, the constables, clerks, or other servants will not be allowed to extort money or the least compensation from them.

Violations of this rule will be punished with the utmost severity upon proof being laid before the official who is responsible for the guilty party.

If the subjects of either power, whether in their own land or in the ports of the other country which are open to foreign trade, who may be guilty of violation of the laws, take refuge within the territories of the other power upon information communicated by the commercial agents of either power to the local authorities, the latter shall take measures to arrest the guilty parties, and shall deliver them into the custody of the nearest commercial agent, to be returned for trial to their native country. Such persons, however, shall not be subjected to any ill-usage in excess of necessary restraint.

Art. III. The merchant vessels of either power shall be permitted, at the option of their owners, to frequent the ports of the other which are open to foreign trade. Export and import duties and all other customs charges shall be paid as provided by the regulations already agreed to between the two Governments.

If the vessels of either power are driven by stress of weather or stranded upon the coasts of the other, their crews shall be permitted to land at the nearest point in order to purchase supplies and to repair their vessels. All expenses shall be borne by the masters of the ships concerned, and all necessary assistance and protection shall be rendered by the local authorities.

If a ship of either power be wrecked upon the coast of the other, the local authorities shall devise measures to preserve life and property. They shall deliver over the passengers and crew to the nearest commercial agent of the Government concerned, who will return such shipwrecked persons to their native land, in order to avoid the expenses involved in the former rules for dealing with such cases.

If the merchant vessels of either country, not being driven thither by stress of weather or to make necessary repairs, clandestinely visit ports of the other country not open to foreign trade, for the purpose of traffic, such vessels and their cargoes shall be subject to seizure and confiscation.

It is, however, agreed that the fishing vessels of either power shall be allowed to frequent the coasts of Ping Au, Huang Hai Tao, in Corea, and of Shantung and Manchuria, in China, for the purpose of taking fish. The fishermen may land at pleasure to purchase food and water. They shall not be permitted to carry on a clandestine traffic in merchandise, and if found guilty of such conduct the vessel concerned will be subject to seizure and confiscation.

If fishermen are guilty of violation of the laws or regulations of any locality where they land they shall be arrested and handed over to the nearest commercial agent to be dealt with as provided in Article II.

After the expiration of a period of two years from the date of this convention the question of the dues and duties to be levied upon fishing craft shall be taken up and conjointly determined by the two Governments.

[Note.—The Shantung fishermen, because the fish are driven over to the Corean coasts, opposite Shantung, by the steamers, go clandestinely in thousands every year to fish among the islands along the Huang Hai Tao, in Corea.]

Art. IV. Subjects of either power proceeding to the ports of the other, which are open to foreign trade, and peaceably attending to their affairs, shall be permitted to lease buildings or land and to construct residences or other buildings thereon. They shall be allowed to traffic in all native produce and other merchandise not declared contraband by law. They shall pay import and export duties and tonnage dues, according to the regulations and tariff mutually fixed by the customs authorities of the two Governments. In addition to such dues and duties, whenever it is desired to transport native produce from one open port to another open port, such produce having paid export duty at the first port shall in addition thereto upon entry at the second port pay half of the export already levied.

Since Corean subjects are permitted by law to trade in Peking, Chinese subjects shall be at liberty to open warehouses at Yang Hua Chin and Han Cheng. Aside from this privilege the subjects of either power shall not be permitted to transport merchandise into the interior or to open shops there for its sale.

If the subjects of either Government wish to proceed to the interior of the territory of the other in order to purchase native produce, they shall make application through their respective commercial agents to the local authorities, and the two above-named officials will issue a joint permit for the point to which the applicant desires to proceed. He shall be allowed to hire carts, horses, or boats at his option, and will be required to pay all local and lekin taxes on the native produce purchased by him.

Subjects of either power desiring to travel in the interior of the territory of the other must make application to the commercial agent concerned, who, with the local authorities, will issue a joint passport allowing them to proceed. If at any point in the interior such persons are guilty of offenses against the laws, they may be arrested by the local authorities and delivered to the nearest commercial agent to be dealt with according to Article II. They shall not, however, be subjected to any ill-usage in excess of necessary restraint.

Art. V. Heretofore trading posts have been established upon the border lines of the two Governments at Icho, Huci Ning, and Ching Yuan, at which points the trade was controlled by officials. Much inconvenience resulted from this system. It is therefore now agreed that trading posts shall be established at Icho and Chamen von either side of the Ya lu Chiang, and at Huci Chun and Kuci Ning on either side of the In Men Chiang, to which the subjects of the two powers shall be freely permitted to proceed for purposes of traffic. At each of these points officials will be stationed by the Government within whose domain it lies to preserve order and collect tthe revenue.

At the trading posts a uniform ad valorem duty of 5 per centum will be levied upon, all exports and imports excepting red ginseng. The requisitions heretofore made by the officials at these trading posts for residences, food, &c., are all abolished. Civil or criminal cases at law between the residents on the border shall be dealt with by the respective local authorities according to regulations heretofore made.

The northern superintendent of foreign trade and the King of Corea will respectively detail officers to examine and report minute regulations for the conduct of these trading posts, which will be submitted for the imperial approval.

Art. VI. The subjects of the two powers, whether at the ports open to foreign trade or at the trading posts, are forbidden to traffic in or transport foreign or native opium or munitions of war. Violations of this provision shall be visited with the utmost severity of the laws. Corean subjects are permitted, under existing regulations, to import red ginseng into China upon payment of an ad valorem duty of fifteen per centum. If subjects of China clandestinely export red ginseng from Corea without the consent of that Government, the merchandise in question shall be liable to seizure and confiscation.

Art. VII. Heretofore the Government post route between the two countries has been by land via Cha Men, and the cost of maintenance has been very great. As the inhibition against intercourse by sea has now been removed, each should be allowed to consult his own convenience and proceed by the sea route. As, however, Corea has neither steam vessels of war or commerce, the northern superintendent of foreign trade will he requested by the King of Corea to appoint for the present one of the vessels of the China Merchants’ Steam Navigation Company to make one round trip between China and Corea each month, for which service a certain subsidy shall be paid by the Corean Government. Chinese vessels of war will also cruise along the coast of Corea and visit the various ports for purposes of observation and protection. All contributions by local authorities to such vessels are done away with, and all supplies needed for the vessels will be purchased and paid for by their officers. The officers of such vessels, from the chief of squadron down, will correspond with the local authorities upon terms of equality and shall be treated with all due consideration.

The crews of vessels of war shall be kept under strict control by their officers, when they are permitted to land, and not be allowed to molest the inhabitants nor to create disturbances.

Art. VIII. The brief and general regulations as fixed herein shall in the first instance be put into operation in all things stipulated herein, and shall be faithfully observed and kept by the officers and people of the two contracting powers.

Hereafter such additions or alterations as may be necessary will be from time to time discussed by the northern superintendent of foreign trade and the King of Corea, and, when agreed to, will be submitted to His Imperial Majesty for his approval.

Concluded by Chon Fu, customs intendant, &c.; Ma Chi en Chung, expectant intendant, superintended by his excellency, Li, &c., &c., on the part of China; and Chao Ning Hsia, senior envoy; Chin Hung Chi, junior envoy; Yü Yun Chung, secretary, on the part of Corea.