SHEPPARD, Consul to Sun , Customs Taota, May 19, 1875

Mr. Sheppard to the Taotai.

Sir: I have received your communication of this date, informing me that in consideration of the gravity of the trial which is to be held in this consular court to-morrow, in the case of the junk Chin I Hung vs. the American steamer Shantung, you have deputed Mr. Twinem, an English subject, at present acting commissioner of foreign customs at this port, to sit in conjunction with me in the hearing of said cause. I regret exceedingly that your excellency cannot find time to sit in person with me in the hearing of this trial, and I shall proceed to hear it in the presence of the two Chinese deputies, Ta and Sung, whom yon have kindly named. As for your appointment of Mr. Twinem to sit at the trial in conjunction with me, it is proper that I remind you that according to the twenty-eighth article of the treaty between the United States and China it is stipulated that if “controversies arise between citizens of the United States and China which cannot be amicably settled otherwise, the same shall be examined and decided conformably to equity and justice by the public officers of the two nations, acting in conjunction.”

The commissioner of customs is not a public officer of either nation within the contemplation of the treaty, and consequently cannot sit in conjunction with a consul in the adjudication of cases between American citizens and Chinese subjects. Mr. Twinem cannot therefore be recognized as having any judicial functions in the trial of this or any other case in the United States consular court, nor can he be permitted to take any part in the conduct of trials or the deliberations of the court. The court is always open to all who wish to be present, but no person can be permitted to occupy a seat upon the bench but the consul and the regular Chinese deputies. This is in conformity with the treaty provisions for the public officers of the two nations to act conjointly in hearing suits.

I am, sir, &c.,