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RUSSIA.

MUTUAL EMBARRASSMENTS OF UNITED STATES AND RUSSIAN OFFICIALS AT NIUCHWANG CONFLICT BETWEEN UNITED STATES SEAMEN AND RUSSIAN OFFICIALS-DELAYS IN TRANSMISSION OF TELEGRAMS, ETC.α

Count Cassini to Mr. Hay.

[Translation.]

RUSSIAN EMBASSY, Washington, December 28, 1901. DEAR MR. HAY: Having been since yesterday indisposed afresh, and it being impossible for me to leave the house, it becomes necessary for me to have recourse to the pen in order to lay before you a matter which has been made the subject of a telegram I have just received from Count Lamsdorff.

Information which has recently been received by the imperial ministry from Niuchwang is to the effect that the consul of the United States in that city is raising constant and irritating difficulties with the Russian authorities; that he is taking under his protection Chinese subjects of a more than doubtful reputation; that he refuses to recognize the competence of the Russian tribunals and of the Russian authority upon whom rest provisionally, during the occupation of the country, the responsibility for the maintenance of order and tranquillity. These facts, being in flagrant contradiction with the cordial assurances based upon the reciprocal confidence which I have had the honor to hear from your excellency's lips on frequent occasions, and which I have hastened to bring to the knowledge of my Government, can not but painfully impress the Imperial Government, while, however, giving it the impression that they are the result of the personal and not very prudent activity of a consular agent little acquainted with the situation and with the excellent relations established upon a solid footing between our two Governments. Therefore I venture to hope, dear Mr. Hay, that, taking into consideration what I have communicated to you, you would be so kind as to furnish, as soon as possible, to the consul at Niuchwang explicit instructions to the end that he shall be careful to avoid acts and proceedings which are in absolute contradiction with all that I have seen and heard since I have been in this country.

Permit me to hope that you will complete your kindly intervention in this matter by enabling me to communicate your response, which I venture to hope will be entirely satisfactory, to Count Lamsdorff.

Be pleased to accept, etc.,

a See also under China, page 145.

CASSINI.

Mr. Hay to Count Cassini.

DEPARTMENT OF STATE, Washington, December 30, 1901.

DEAR COUNT CASSINI: I have had the pleasure to receive your letter of the 28th instant in relation to the course of our consul at Niuchwang, and, appreciating the kindly spirit of friendship and the desire to continue and fortify the good understanding between our two countries which it discloses, I hasten to reply in the same vein.

For our part, we have received from the consul at Niuchwang complaints of his treatment by the Russian authorities there and the difficulties he has at times found in following the general and special instructions of the Department which are applicable for the guidance of all United States consuls abroad, and are in no sense especial to that particular post. I have not, however, thought it expedient to bring these matters to the attention of your Government, either through you or through instructions to the United States ambassador at St. Petersburg. I have constantly had in mind the somewhat abnormal character of the state of things at Niuchwang, and have been disposed to make every allowance for the difficulties and embarrassments which must naturally attend the merely provisional administration of the Russian military and civil agents, during the temporary occupation of that port and its vicinity, in their efforts to maintain the order and tranquillity for which they are responsible until the proximate withdrawal of Russian control shall restore the normal conditions.

It is, nevertheless, painful to me to learn from your communication that the embarrassments of this provisional order of things have their reciprocal effect, as is perhaps natural, and that the Russian agents at Niuchwang have on their side ground to complain of the course of the United States consul in the exercise of powers and the discharge of functions common to all United States consuls. I can readily understand that our consul's discretion may at times be at fault in applying to the peculiar situation which surrounds him the general rules of consular intercourse, and that he may not fully comprehend the degree of latitude he may use in modifying those ordinary rules to fit the special case which confronts him. That errors of judgment in this regard can in any way suggest a less friendly disposition of this Government toward that of Russia is an inadmissible proposition. You are right in assuming that the course of which you complain is not directed by this Department. It certainly does not reflect any sentiment here entertained. On the contrary, it is our desire to carry out the policy of which we have conspicuously given proof, to leave Russia unembarrassed in the provisional execution of a purpose forced upon her by the troubles in China, which equally affected other nations, and to regard the temporary occupation of Niuchwang as a measure contributory to the end we all sought of restoring order and good government in China and securing to the interested powers equal safeguards, opportunities, and rights in their intercourse with the Empire.

In order to give the desires of this Government full effect, I shall instruct the consul at Niuchwang to use due circumspection in his official acts, to bear in mind the difficulties that naturally environ the situation, and to use every endeavor to adapt himself to circumstances and avoid all occasion of friction with the agents of Russia with whom he is called to deal in the discharge of his official duties. I do not doubt

that similar motives will inspire the course of the Russian officials, and that in this way mutual expression will be given to the friendly desires of both Governments.

I am, etc.,

Mr. Hill to Mr. Tower.

JOHN HAY.

No. 269.]

DEPARTMENT OF STATE, Washington, December 31, 1901.

SIR: For your information I have to inclose herewith copies of correspondence with the Russian ambassador at this capital in reference to the reported acts of the United States consul at Niuchwang; also copy of the Department's instruction to Mr. Miller in the matter.

I have, etc.,

DAVID J. HILL,
Acting Secretary.

No. 517.]

Mr. Tower to Mr. Hay.

EMBASSY OF THE UNITED STATES,
St. Petersburg, January 13, 1902.

SIR: I have the honor to acknowledge the receipt of your dispatch No. 269 of the 31st of December, 1901, in which you inclose to me copies of the correspondence with the Russian ambassador at Washington in regard to a recent conflict between certain American sailors and the Russian police at Niuchwang, in which connection the acts of the United States consul at that port became the subject of official consideration at the Department of State; also copies of Count Cassini's note of the 28th of December and of your reply to him dated the 30th of December, and of Mr. Peirce's dispatch of the 31st of December to the consul at Niuchwang.

As I had heard of this matter through the telegraphic reports to the European newspapers, I referred to it informally at an interview which I recently had with Count Lamsdorff, imperial minister for foreign affairs, and asked him whether he had any information as to the reported difficulty, or whether I could be of service in any communication that he might desire to make to the Government of the United States.

Monsieur de Lamsdorff replied that he had received from Niuchwang a full report of the encounter which had taken place; that the trouble arose between some sailors on shore and the Russian police, who are responsible for public order in the city, and that it might have been composed immediately if the American consul to whose attention the question was brought had been willing to lend his aid toward the reestablishment of public order, but that, upon his refusal so to act, communication had been had with Mr. Conger, at Pekin, who responded immediately and took such steps as were necessary under the circum

stances.

a Printed, ante.

M. de Lamsdorff said further that the Imperial Government considers this incident to be one of purely local importance which affects in no wise the cordial international relations between the United States and Russia.

I have, etc.,

CHARLEMAGNE TOWER.

Mr. Hay to Mr. Tower.

No. 275.]

DEPARTMENT OF STATE, Washington, February 6, 1902.

SIR: I send for your information copy of a communication addressed by the United States consul at Niuchwang to minister Conger at Pekin. While this dispatch throws light upon the causes of the friction which has to some extent lately existed between the consular and naval representatives of the United States and the Russian authorities, the only part to which I desire to draw your attention, with a view to making appropriate representations to the Government of Russia, is in relation to the closing of telegraphic communication except by the Russian line through Manchuria and Russia and the interruptions of the mail service between Niuchwang and China.

It is presumed that the interruption of the mail to which Mr. Miller refers had been in some manner remedied and that he was able to communicate by that channel with his superior officer at Pekin, inasmuch as his letter is addressed to Mr. Conger. Telegraphic communication, however, appeared to have been still interrupted as lately as the 27th of December, on which date Mr. Miller writes that he and the commanding officer of the Vicksburg were cut off from telegraphic communication, and he adds that "postal connection is slow and bad."

It is quite inconceivable that the Imperial Government should adopt any policy by which the regularly commissioned and accredited consular representative of the United States should be precluded from means of direct and immediate communication with his superior officer at Pekin or with his directing consular superior at Shanghai.

It may be that some roundabout channel of intercourse is open, as from some Russian station connecting by other routes with the cables to Shanghai and the lines to Pekin. If so, it would be desirable to know what the existing facilities are to take the place of those which have been cut off by the closing of the Chinese Eastern Railroad telegraph station at Niuchwang.

You will make this instruction the subject of inquiry and if the facts elicited thereby warrant it, in your discretion, remonstrance against any limitation of the facilities for communication between the minister at Pekin and the consul at Niuchwang, or which may be calculated to interpose delay in the communication of the commanding officer of the Vicksburg with the Navy Department.

You will also inquire the nature and expeditiousness of the present postal service between Niuchwang and the outside world.

I am, etc.,

JOHN HAY.

No. 278.]

Mr. Hay to Mr. Tower.

DEPARTMENT OF STATE, Washington, February 15, 1902.

SIR: Referring to the Department's No. 275, of the 6th instant, regarding defective telegraphic and postal communications at Niuchwang, I inclose copy of a letter from the secretary of the American Asiatic Association complaining of the restrictions put by the Russian authorities upon telegraphic communication with Niuchwang.

You will bring the complaint to the attention of the foreign office. I am, etc.,

JOHN HAY.

[Inclosure.]

American Asiatic Association to Mr. Hay.

NEW YORK, February 12, 1902.

DEAR SIR: At the request of the executive committee of this association I beg to transmit to you the following complaint received from the American Association of China, under date of Shanghai, January 18, in regard to the conditions affecting the telegraph service to and from Niuchwang:

"In common with the general destruction of property throughout North China during the summer of 1900, the lines of the Imperial Chinese telegraph administration suffered to a considerable extent. With the exception, however, of a break of about 50 miles between Shanhaikwan and Niuchwang the damage was speedily repaired, but this section of the service has not yet been restored. It is said that the continuance of this important break has not been voluntarily acquiesced in by the authorities of the telegraph administration. They have repeatedly sent out parties to rehabilitate the line only to have them intercepted and driven off by the armed forces of the power now in temporary occupation of Manchuria.

"The Russian field service which, in the absence of the Chinese line, provides the only telegraphic communication with Niuchwang, has recently placed restrictions on the traffic that are highly detrimental to our trade. Messages for Niuchwang are transmitted by the commercial lines via Chefoo and Port Arthur, whence they are necessarily transferred to the Russian field service. This service has not only been inadequate and subject to much delay, but recently it has attempted to require that all messages transmitted by it shall be in plain language, excluding all such as are contained in code or cipher. When attempts have been made to forward messages in the latter form they have either failed to reach their destination or been made subject to a delay, in some instances of as much as five or six days. The last information from Niuchwang is that a commercial message tendered in code has been positively refused. There are no conditions existing which present any necessity for such a regulation, and as a great proportion of American business with Niuchwang is transacted by means of the telegraph, the restriction is a very injurious one and acts as a direct preventive of trade."

I am requested to second the appeal of the American Association of China that every effort be made to secure the early restoration of the Chinese telegraph service and of normal conditions generally in Manchuria.

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DEPARTMENT OF STATE, Washington, February 21, 1902.

SIR: In continuation of my dispatch No. 275, of February 6, 1902, I now inclose for your information a copy of a dispatch and its inclosures from the United States consul-general at Shanghai.

I am, etc.,

JOHN HAY.

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