William H. Seward to Seen And Agreed To. J. H. Ferguson. Ferd. de Luca. Hub. Serruys. R. G. Y Ossa. Hoffer de Hoffenfels. Patenotre, November 18, 1879
No. 133. Mr. Seward to Mr. Evarts.
No. 505.]
Sir: Recurring to my dispatches Nos. 482 and 499, I have the honor to inform you that the ministers present at the conferences have accepted the report of the committee upon the administration of justice, and have agreed upon a joint letter to be addressed to the Tsung-li Yamên, in accordance with its terms.
In order to make the series of papers relating to this subject complete, I beg leave to hand to you—
- A memorandum by myself on the general questions involved.
- A memorandum by myself on the so-called mixed “courts”.
- The report of the committee.
- The protocol of the conference in regard to the special matter.
- The joint note to the Tsmig-li Yamen.
As the questions involved have been dealt with in these papers as briefly as possible looking to their importance, I shall not attempt to renew them here.
In asking for your instructions, it is appropriate, however, that I should call your attention to the fact that the main proposition advanced in my memoranda, and accepted by the conference, is that mixed cases, civil and criminal, in which foreigners and Chinese are concerned, ought to be heard and determined in the proper court of the defendant, and in accordance with the laws of his country.
In taking up this position I have adhered to the views declared by our government with more or less precision in various legislative and executive acts.
I am clearly of opinion that those views are right, and that we should adhere to them for the future.
I am very anxious that the subject shall be carefully considered, and to receive instructions which will enable me to proceed as may be necessary to set the question at rest with the government here and in our own service.
Your approval of the main position, and your authority to proceed in concert with my colleagues as proposed in the report of the committee, will be sufficient for all immediate purposes.
I have, &c.,