APPENDIX A. INSTRUCTIONS TO HUMPHREY MARSHALL AS COMMISSIONER TO CHINA IN 1852-53.1 DEPARTMENT OF STATE, WASHINGTON, 11TH AUGUST, 1852. No. 1. HUMPHREY MARSHALL, Esq., ETC., ETC. Sir:-The Department [has] already communicated to you your Commission as Commissioner of the United States of America to China. Your compensation as fixed by law is at the rate of Six Thousand Dollars ($6000) per annum. To become properly conversant with the business of the Legation, you will have recourse to the correspondence between this Department and your predecessors in the Mission, recorded in its archives. Special instructions on important subjects between the two Governments will be sent to you from time to time as occasion may require. During your residence in China, you may sometimes be applied to to interpose in behalf of American citizens for the purpose of obtaining satisfaction of claims which they may have upon the Chinese Government, or the redress of grievances which they may experience in the course of their dealings and transactions. In cases of this nature, where the intervention of this Government shall be proper according to the public law, you will afford such official aid as may appear to you appropriate to the occasion whether you have special instructions from this Department or not. I am Sir, respectfully, Your obedient servant, DANL WEBSTER. [1 China Instr., pp. 76-79.] 1 Before the appointment of Marshall, the position had been offered to three persons within one year. The nomination of A. R. Nelson was confirmed by the Senate in March, 1851. Joseph Blunt accepted the place on October 20, 1851. On February 24, 1852, the President offered the place to Alfred Conkling, of New York, who declined. Marshall's commission was sent to him by the Department of State on August 6, 1852. See p. 90, supra. No. 2. HUMPHREY MARSHALL, ESQ., ETC., ETC. DEPARTMENT OF STATE, WASHINGTON, 20TH SEPT., 1852. Sir:-You are aware that some of our citizens now or formerly resident in China, have, for a long time past had claims against the Chinese Government. The cases are that of the Rev. Mr. Roberts for losses sustained by a mob at Canton, and that of Messrs. Louis Manigault and Edward Cunningham, for assault and robbery in the neighborhood of the same city. The Department is not in possession of such proof as would warrant it in expressing an opinion in regard to these claims. As you will be on the spot, however, where all the evidence that can be adduced in support of them will be accessible to you, you will be enabled to determine whether they are of such a character as would warrant the official interposition of this Government. It is possible that the Chinese Government might require proof of your authority to negotiate upon the subject. To provide for this contingency, it has been judged expedient to give you the accompanying full power. This will enable you to adjust not only the cause above mentioned, but any others which may occur during your mission. Sir:-Your despatches to No. 10, inclusive, have been duly received at this Department. The Government of the United States has recently received additional information of the successful progress of the Revolutionary movements in China. It is also apprised of the intention of the Government of Great Britain to avail itself of the present condition of things in that country to obtain "increased facilities of intercourse" with it, not exclusively for its own subjects but for all nations and it has suggested to this Government to send such instructions to our Commissioner there as will "empower him to take such course in conjunction with Her Majesty's Plenipotentiary as will be calculated to turn to the best account the opportunity offered by the present crisis to open the Chinese Empire generally to the commercial enterprise of all of the civilized nations of the world." The end proposed commends itself to the approval of the President and he directs you to do what you can within your proper sphere of action, towards its accomplishment. Our treaty stipulations with China must be respected and our settled policy of non-interference in the contests which arise between the people and their rulers must be observed. Without a departure from these rules of conduct you may be able to do much in such a crisis as does or may exist in China to cause an abandonment of the unwise restrictions imposed by China upon foreign intercourse. Without knowing what course the British authorities may deem it expedient to take in furtherance of the object in view, the President does not enjoin upon you cooperation, but only cordial relations and free conference with them. As it is impossible to anticipate here what will be the condition of things there, no specific instructions in regard to your official conduct can be given. Your own judgment must be your guide as to the best means to accomplish the desired object. In the agitated state of the country the property of our citizens therein and their rights will probably be in unusual danger. You will be vigilant and active in affording them all the protection within your power. The naval force of the United States in that vicinity will be devoted to this important object. The Department requests you to keep it fully advised of the progress of events in China, of the effects of the Revolutionary proceedings there upon our interests and of the prospects presented for a more free and extended commerce with that country. I am Sir, respectfully, Your obedient servant, [1 China Instr., pp. 84-86.] W. L. MARCY. GOVERNMENT OF HAWAII AS A TERRITORY OF THE UNITED STATES.1 Congress in providing for the government of Hawaii as an American Territory has been very liberal. In the original bill as presented by the commissioners who visited the island, strong argument was presented in favor of a property qualification for voters. It was feared that natives, with suffrage unrestricted, would secure the control of the legislature, and might even be able to override the veto of the governor. It was said that if the natives should combine, it was reasonable to suppose that no white person could be elected to a legislative seat. After the overthrow of the monarchy a property qualification had been imposed upon the electors of senators. A conservative class was thus provided, and held the other house in check. The system was recommended for continuation. The Congressional committee to which the Hawaiian bill was referred did not retain the property-qualification feature. It acted upon the principle that "the right of free expression at the polls is in the nature of a safety valve," and that citizens of Hawaii should have the right to participate in their government, irrespective of tax-paying ability. Hawaii had already shown herself capable of maintaining a stable government. She had a system of laws based upon American laws. She was familiar with Anglo-Saxon institutions and language. She had voluntarily placed herself under the sovereignty of the United States. Americans, although in a small minority, practically dominated the governmental, financial and commercial affairs of the islands.2 Congress had never yet required a property qualification in any of the territories, (though in some cases there had been reason to suspect the danger of riotous and ignorant legislation), and it was not considered necessary to make a local exception in the case of Hawaii. 1 See p. 134 supra 2 The Hawaiian Islands are now occupied by the following races and nationalities: Hawaiians and mixed blood 39,000 25,000 21,000 15,000 4,000 2,250 2,000 1,250 109,500 About 700 Chinese have been naturalized into the Hawaiian republic, and many Chinese and Japanese are there under government permits and labor contracts, under which they are bound to work for a term of years and to return to their own countries at the end of their term of service. The Chinese and Japanese possess no political power. The Portuguese are largely immigrants or descendants from immigrants from the islands and colonies of Portugal in the Atlantic and are not closely allied in sentiment to their native country. The public school system makes the study of the English language compulsory. There are 132 public and 60 private schools, and education is compulsory and free as to all public schools. American text-books are used in the schools. The language of business in English and the decisions of American courts prevail as precedents. |