After many consultations and changes, the regulations I send were agreed
upon, not because they were all we wished, but because they were all we
could get. We warmly urged upon the government the propriety of opening
three more ports in the Yangtsye, at least to steamers. The government
here finally assented, subject to the decision of one or two local
authorities. Mr. Hart took letters and instructions to that effect, and
we have learned of his probable success. This will be a great step in
advance. I am in favor of opening the whole river, as soon as possible;
but if we persuade this government, as possibly we might, to outrun the
local prejudices of the mighty nations along the Yangtsye, we might aid
the rebellion to such an extent as to lose all. We must look to the
consequences of our action in the Chinese, as much as the Chinese
government itself. There is a strong anti-foreign party looking for some
large concession to foreigners, as an opportunity of overthrowing the
present government, which is friendly to progress, and in need of all
our moral support.
I send a communication from Prince Kung, marked A, giving the reasons for
adopting the regulations, together with a form of notification, marked
B, which was sent to George F. Seward, esq., consul at Shanghai. I have
the honor to be your obedient servant,
A.
Prince Kung, chief secretary for foreign affairs, makes a
communication:
In the tenth article of the treaty with the English, it is stipulated
that British vessels, although having authority to trade upon the
Yangtsye, no port, with the exception of Chinkiang, shall,
nevertheless, be opened at once to trade; owing to the disturbed
condition of the upper and lower valley of the river. Some time
after the exchange of the treaties, however, I agreed with the
British minister to open, provisionally, the ports of Kiukiang and
Hankow, and settled upon certain regulations with reference to them.
Now, the governors exercising jurisdiction over the provinces on the
Yangtsye have memorialized upon the inconveniences arising from the
provisions that the customs shall be paid in Shanghai, and propose,
therefore, that custom-houses should be established at Kiukiang and
Hankow. Thinking this to be a desirable measure, I proposed to the
British minister that the seven regulations herewith enclosed might
come into operation on the ———. He has replied that he consented to
the proposition, and also that he would notify the different consuls
of the new measures.
Having made a communication to the English, French, and Russians, I
communicate this to your excellency, together with a copy of the
above-mentioned regulations, hoping that you would consider and give
your assent to the same, and notify accordingly the consuls under
your jurisdiction.
His Excellency Hon. Anson Burlingame,
Envoy, &c., &c.
Revised regulations of trade on the
Yangtsye-Kiang.
Article I. United States vessels are
authorized to trade on the Yangtsye-Kiang, at three ports only, viz:
Chinkiang, Kiukiang, and Hankow. Shipment or discharge of cargo at
any other point on the river is prohibited, and violation of the
prohibition renders ship and cargo liable to confiscation.
Native produce, when exported from any of these three ports, or
foreign imports not covered by exemption certificate, or native
produce that has not paid coast trade duty, shall, when imported
into any of these three ports, pay duty as at the treaty ports.
Article II. United States merchant vessels,
trading on the river, are to be divided into two classes, viz:
First class: sea-going vessels—that is,
merchantmen trading for the voyage up the river above Chinkiang,
lorchas, and sailing vessels generally.
Second class: steamers running regularly
between Shanghai and the river ports.
These two classes of vessels will be dealt with according to treaty,
or the rules affecting the river ports to which they may be
trading.
All vessels, to whichever of the two classes they may belong, if
about to proceed up the river, must first report to the customs the
arms or other munitions of war they may have on board, and the
numbers and quantities of these will be entered by the customs on
the vessel’s river pass. Permission to trade on the river will be
withdrawn from any vessel detected carrying arms or munitions of war
in excess of those reported to the customs, and any vessel detected
trading in arms or munitions of war will be liable to
confiscation.
Any vessel falling in with a revenue cruiser of the Chinese
government will, if examination of them be required, produce her
papers for inspection.
Article III. Sea-going vessels.—United
States merchantmen, lorchas, and sailing vessels generally, if
trading at Chinkiang, will pay their duties and tonnage dues at
Chinkiang.
If a vessel of this class is proceeding further than Chinkiang—that
is, either to Kiukiang or to Hankow—her master must deposit her
papers with the consul at Chinkiang, and must hand in her manifest
to be examined by the Chinkiang customs; the superintendent of
which, on receipt of an official application from the consul, will
issue a certificate, to be called the Chinkiang pass, to the vessel.
The Chinkiang pass will have entered upon it the number and
quantities of arms, muskets, guns, swords, powder, &c., on board
the vessel; also the number of her crew, her tonnage, and the flag
she sails under.
The customs will be at liberty to seal her hatches and to put a
customs employé on board her. On her arrival at Kiugkiang, whether
going up or coming down, her master must present her pass to the
customs for inspection.
The duties on cargo landed or shipped at Kiugkiang or Hankow must all
[Page 915] be paid in the manner
prescribed by the regulations of whichever of the two ports she may
be trading at, and on her return to Chinkiang she must surrender her
Chinkiang pass to the customs at Chinkiang, and the customs having
ascertained that her duties and dues have been all paid, and that
every other condition is satisfied, the grand chop will be issued to
the vessel to enable her to obtain her papers and proceed to
sea.
The customs will be at liberty to put an employé on board the vessel
to accompany her as far as Langshaw.
Any United States vessel of this class found above Chinkiang without
a Chinkiang pass will be confiscated. Any junk without Chinese
papers will similarly be confiscated.
Article IV. River steamers.—Any United
States steamer trading regularly in the river will deposit her
papers at the United States consulate at Shanghai, and the customs,
on application of the United States consul, will issue a special
river pass (or steamer pass) that shall be valid for the term of six
months. Steamers trading on the river under this pass will be
enabled to load and discharge, and will pay duties according to the
rule affecting river steamers.
On arriving off Chinkiang or Kiukiang, the steamer, whether
proceeding up the river or down, will exhibit her pass to the
customs.
The tonnage dues leviable on any steamer holding a river pass shall
be paid alternately at Chinkiang, Kiukiang, and Hankow.
The customs are at liberty to put a tide-waiter on board a steamer at
any of these ports to accompany her up or down stream, as the case
may be.
Infringement of river port regulations will be punished by infliction
of the penalties in force at the ports open by treaty; for a second
offence the steamer’s river pass will also be cancelled, and she
will be refused permission to trade thenceforward above Chinkiang.
Any steamer not provided with a river pass, if her master propose
proceeding above Chinkiang, will come under the rule affecting
sea-going vessels, laid down in Article III, and will be treated
accordingly.
Article V. River steamers’ cargoes.—First.
Where native produce is shipped at a river port, on board a steamer
provided with a river pass, the shipper must pay both export and
coast duty before he ships it. If it be for export to a foreign
port, this should be stated when the produce arrives at Shanghai;
and if it be exported from Shanghai within the three months allowed,
the shipper will obtain from the Shanghai customs a certificate of
its re-exportation; on production of which at the river port of
shipment, whether Chinkiang, Kiukiang, or Hankow, the customs of
that port will issue a drawback for the amount of coast trade duty
paid.
Second. When import cargo is transhipped on board a river steamer at
Shanghai, it must first be cleared of all duties. The transhipment
will not be authorized until the customs are satisfied that the
import duties have been paid.
Article VI. Native craft owned or chartered
by United States merchants will pay duty on their cargo at the rates
leviable on such cargo, under the treaty tariff. All such craft will
further have to be secured by bond in the manner laid down in the
provisional rules published on the 5th December, 1861, and, on entry
into any port, will pay port dues according to Chinese tariff. If
the cargoes of native craft so employed do not agree with their
cargo certificate, the amount specified in their bonds will be
forfeited to the Chinese government. This provision is only valid
until tranquillity is restored along the river.
Article VII. United States vessels of all
classes, as well as junks, owned or chartered by United States
merchants, must apply to the customs at the port of departure for a
cargo certificate, (tsung-tau,) which, on the vessel or junk’s
arrival at the port of destination, must be handed in to the customs
before permission to discharge can be given.
The above regulations are provisional, and open to revision if
necessary.
