BORNEO. For the correspondence relating to the negotiation of the Treaty with Borneo, see "Message from the President of the United States in answer to a Resolution of the Senate calling for information in relation to the mission of Mr. Balestier, late United States Consul at Singapore, to Eastern Asia," February 12, 1852.1 BRAZIL. On the 26th of March, 1840, Mr. Chaves, the Brazilian Minister at Washington, wrote thus to the Secretary of State: "Le gouvernement impérial est mis dans l'obligation de ne pas prolonger la durée du traité conclu entre l'empire et cette république le 12 décembre 1828, au-delà du terme énoncé dans l'aArticle 11 du même traité; devant par conséquent le dit traité être terminé à l'expiration de douze mois à compter de cette date, pour les articles seulement qui se rapportent au commerce et à la navigation." This notice was received on the 27th of March, 1840, and was answered by Mr. Forsyth, Secretary of State, on the 20th of June, 1840, thus: "Although each party has reserved to itself the right of terminating the Treaty at the expiration of twelve months. from the date of the notification of its intention; yet the privilege of giving such notification is so restricted that neither party can give it before the expiration of the twelve years stipulated for the duration of the Treaty; that consequently the earliest date at which the notice intended to be conveyed by Mr. Chaves' note can be given, is the 12th of December of this year; and that the earliest period at which, under any circumstances, the Treaty can cease to be operative, is the 12th of December of the year 1841. The President, however, anxious at once to gratify the wishes of the Brazilian Government, and to show, by his readiness to comply with the spirit of the Treaty, the sincerity of the disposition with which, in all its clauses, it has been fulfilled by the United States, is willing to overlook the departure from the strict letter of the instrument involved in the premature notice given in Mr. Chaves' note, and to receive said notice as if given in accordance with the terms of the Treaty at the expiration of the twelve years."3 For the correspondence in the negotiation of the Treaty, see House Executive Document 32, 1st Session 25th Congress. S. E. Doc. 38, 1st Sess. 32d Cong. "The Imperial Government is obliged not to prolong the duration of the Treaty concluded between the Empire and this Republic, of Dec. 12, 1828; therefore, by the terms contained in Article 11 of the said Treaty, at the expiration of twelve months from this date the said Treaty will be terminated, only for the articles relating to commerce and navigation." MS.; Records, Dept. of State. 3 Ib. CENTRAL AMERICA. The federation of the States of Guatemala, San Salvador, Honduras, Nicaragua, and Costa Rica, under the name of the United States of Central America, was proclaimed July 1, 1823,1 and was dissolved in 1838.2 But one Treaty (1825) was concluded with this power, the articles in which, relating to commerce and navigation, expired by their own limitation on the 2d of August, 1838; the remaining articles were abrogated by the dissolution of the Federation. But, on the 19th of April, 1850, the United States agreed with Great Britain that neither party should occupy, or fortify, or colonize, or assume, or exercise any dominion over any part of Central America. After this Treaty, the British occupation of the Mosquito coast continued as it had been before the conclusion of the Treaty. This caused representations from the United States, which developed a wide difference of opinion respecting the obligations which Great Britain had assumed.3 The two Governments tried in vain to adjust these differences by Treaty. Great Britain thereupon made separate arrangements with the several States-with Guatemala, April 30, 1857; with Honduras, November 28, 1859;5 and with Nicaragua, January 28, 1860. These separate arrangements are understood, in the aggregate, to comply with the expectations of the United States. CHILI. On the 19th of January, 1849, M. Carvallo, Chilian Minister at Wash ington, wrote to Mr. Buchanan, Secretary of State, "que, en ejercicio de la facultad que por el articulo 31 del tratado de navegacion y comercio, celebrado en Santiago a 16 de Mayo 1832, se reservaron ámbos gobiernos, él de Chili desea terminar dicho tratado; lo que en conformidad del citado articulo tendrá efecto el dia 20 de Enero del año proximo futuro." On the 22d of the following February Mr. Buchanan replied, saying that he had the honor to acknowledge the receipt of the note of Mr. Carvallo, giving notice pursuant to the 31st Article of the Treaty of Navigation and Commerce, concluded at Santiago on the 16th of May, 1832, that his Government desires to terminate that Treaty, and that in conformity with the article referred to, the notice will take effect on the 20th of January next." 1 Appleton's Cyclopedia, Guatemala. 2 Fish to Williamson, June 17, 1873. MS. Dept. of State. [NOTE.-The date of dissolution on page 108 is incorrect.] S. E. Doc. 1, 1st Sess. 34th Cong., 42-120. 449 British and Foreign State Papers, 7. 5 Ib., 13. 150 Ib., 96. 7 MS. Records, Dept. of State. "That, in the excess of the privilege which, by article 31 of the treaty of navigation and commerce, concluded at Santiogo on the 16th of May, 1832, both Governments reserved to themselves, that of Chili desires to terminate said treaty; which, in conformity with the article referred to, will take effect on the 20th day of January next." Ib. For the correspondence respecting the seizure of the Brig Macedonian, see Senate Executive Document No. 58, 35th Congress, 1st Sess. The award of the King of Belgium, under the Treaty referring this claim to his decision, was in favor of the United States. It was dated the 15th of May, 1863. CHINA. On the 3d of March, 1843, an act was approved placing forty thousand dollars "at the disposal of the President of the United States to enable him to establish the future commercial relations between the United States and the Chinese Empire on terms of national equal reciprocity," and on the 8th of the following May, Caleb Cushing was commissioned as Envoy Extraordinary Minister Plenipotentiary and Commissioner to China. * He says of his mission there: "I entered China with the formed general conviction that the United States ought not to concede to any foreign State under any circumstances jurisdiction over the life and liberty of a citizen of the United States, unless that foreign State be of our own family of nations-in a word, a Christian State. * In China I found that Great Britain had stipulated for the absolute exemption of her subjects from the jurisdiction of the Empire. * I deemed it, therefore, my duty to assert a similar exemption on behalf of citizens of the United States. A Treaty on this basis was concluded on the 3d day of July, 1844, and was communicated to the Senate by the President on the 22d of January, 1845;3 and on the 28th of January the injunction of secresy was removed from the correspondence submitted with the Treaty." On the exchange of the ratifications of this Treaty, it became necessary laws that should be enacted conferring judicial powers on Ministers and Consuls, in order that citizens of the United States in China might enjoy the protection and rights conferred by the Treaty. Congress proceeded in this matter with such good judgment, that all conflicting views were harmonized in Committee, and the act was passed without discussion, and was approved on the 11th of August, 1848.5 Under this act it was originally held that Vice-Consuls could not be empowered to exercise judicial functions; but this decision was reversed by Attorney-General Cushing." The act of 1848 empowered the Commissioner, with the advice of the several Consuls, to make regulations for carrying the provisions of the Treaty into effect. 2 15 St. at L., 624. Cushing to Calhoun, Sept. 29, 1844, cited in 7 Op. At.-Gen., 497–9. 3 S. E. Doc. 58, 2d Sess. 28th Cong. S. E. Doc. 67, 2d Sess. 28th Cong. 59 St. at L., 276. 6 Consular Instructions of 1855, § 275. 77 Op. At.-Gen., 511. In November, 1854, Robert McLane, as Commissioner, made several "regulations," which were duly transmitted to Congress by the Presi dent on the 15th of July, 1856.1 On the 12th of December, 1856, regulations made by Peter Parker, a successor of McLane, were also transmitted to Congress. William B. Reed was appointed Commissioner on the 18th of April, 1857. His instructions, which were communicated to the Senate by the President on the 20th of April, 1858,3 directed him, by peaceful cooperation, to aid in the accomplishment of the objects which the allies were seeking "to accomplish by treaty stipulations." On the 10th of December, 1857, the President transmitted to Congress further regulations made by Parker on the 4th of March, 1857, for such revision as Congress might deem expedient. The Senate Committee reported that these Regulations needed no revision, and the Senate passed a resolution to that effect." On the 20th of December, 1858, the President transmitted to the Senate the correspondence of Commissioners McLane and Parker, but withheld the instructions of the Department to them. This document contains 1424 pages, and exhibits in detail the questions which had arisen with China during the period it covers. On the 27th of December, 1858, the President transmitted to Congress a decree, and a further regulation which had been made by Reed, who had been appointed Minister Plenipotentiary.R The instructions of the Department of State to McLane and Parker, which were withheld from the public in 1858, were communicated to the Senate in 1860.9 With the instructions to Parker, the President also transmitted to Congress a mass of correspondence (624 printed pages) relating largely to the negotiations of the Treaty of Tien-tsin in 1858. In 1857, Mr. Marcy thought that "the British Government evidently had objects beyond those contemplated by the United States, and we ought not to be drawn along with it, however anxious it may be for our co-operation." He writes to Parker on the 27th of February, 1857: แ "The President does not believe that our relations with China warrant the last resort' you speak of. * * The last resort' means war."l But in the following May, Mr. Cass, the Secretary of State, directs Reed to co-operate peacefully with the allied Powers for the objects named in his despatch.12 It being proposed in Congress to change or modify the act of 1848, Mr. Cass addressed a communication on the subject to the Chairman of 1S. E. Docs. 32 and 92, 1st Sess. 34th Cong. 2 S. E. Doc. 6, and H. E. Doc. 11, 3d Sess. 34th Cong. 3S. E. Doc. 47, 1st Sess. 35th Cong. 5 Globe, 1st Sess. 35th Cong., 1203. 6 Ib., 1555. 8S. E. Doc. 11, and H. E. Doc. No. 21, 2d Sess. 35th Cong. Sess. 36th Congress. 10S. E. Doc. 30, 1st Sess. 36th Cong., 4. H. E. Doc. 9, 1st Sess. 35th Cong. 11 Ib., 12 Ib., 7. the Senate Committee of Foreign Relations. Congress passed the Act June 22, 1860.2 Mr. Burlingame, in June, 1863, being the representative of the United States in China, wrote to Mr. Seward: "In my despatch No. 18, of June 2, 1862, I had the honor to write, if the Treaty Powers could agree among themselves to the neutrality of China, and together secure order in the Treaty Ports, and give their moral support to that party in China, in favor of order, the interests of humanity would be subserved. Upon my arrival at Peking I at once elaborated my views, and found, upon comparing them with those held by the representatives of England and Russia, that they were in accord with theirs."3 On the 15th of June, 1864, Burlingame instructed the Consul-General at Shanghai respecting "the extent of the rights and duties of American citizens under the Treaty, and the regulations made in pursuance thereof;" and he added, "I have submitted the above letter to the British, French, and Russian Ministers, and they authorize me to inform you they entirely approve its views and policy." Burlingame described the policy he was prescribing as "an effort to substitute fair diplomatic action in China for force."6 When this important action was commu. nicated to Mr. Seward, Secretary of State, he wrote, "It is approved with much commendation." On the 9th of November, 1864, Burlingame transmitted to the Department further rules and regulations for Consular Courts. Seward replied that the despatch would "be submitted to Congress." In 1866 Burlingame submitted for approval "land regulations" for the regulation and the government of the European Colony (the French excepted) at Shanghai.10 In 1868 the powers agreed upon rules for joint investigation, under the Treaty, in cases of confiscation and fine by the Custom-House authorities.11 In the summer of 1868 a Legation from China arrived at Washington, with Burlingame (who had left the service of the United States) as its chief. The Treaty of 1868 was then concluded between them and the United States. There being some delay in the ratification of that Treaty on the part of China, Mr. Fish instructed Mr. Bancroft, the Minister of the United States at Berlin, thus: "You will undoubtedly meet Mr. Burlingame * in Berlin. * Impress upon him the importance to China of an early ratification of the Treaties. * * While the President cordially gives his adhesion to the principles of the Treaty of 1868, ** yet he earnestly 1 S. E. Doc. 43, 1st Sess. 36th Cong. 212 St. at L., 72. See also Acts of Sept. 20, 1850. 9 St. at L., 468, of March 3, 1859; 11 St. at L. 408, aud of July 1, 1870; 16 St. at L., 183; 32 D. C., 1863; 937 of one imprint and 859 of the other imprint. 43 D. C., 1864, 426. 5 Ib., 430. Ib. 7 Ib., 440. 82 D. C., 1865, 413. 9Ib., 437. 101 D. C., 1867, 429. S. E. Doc. 19, 3d Sess. 40th Cong. 121 D. C., 1868, 601. |