Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session of the Fortieth Congress

Mr. Williams to Mr. Seward

No. 25.]

Legation of the United States, Peking, August 22, 1868.

Sir: I have the honor to transmit for your consideration, and to be submitted to Congress, the original and printed copy of a decree dated June 1, 1868, (inclosure A,) which I have made in conformity with the act of Congress, and which has received the approval of most of the consuls, and been duly published.

This measure of closing the cut-off near Nanking to all steamers navigating the Yangtsze river was proposed more than two years ago by Prince Kung, but owing to some informality nothing was done at the time. In January last he again urged it upon all the foreign ministers in a dispatch, (inclosure B,) wherein he stated the principal reasons for adopting it; but very injudiciously appended to his proposal the mode of punishing vessels offending against the rule. This addition would have involved a violation of treaty rights, and therefore could not be admitted, as I represented to him in my reply, (inclosure C;) but the desirableness of adopting the regulation on grounds of humanity was admitted by all. The masters and owners of most of the American and English steamers on the river, when inquired of, admitted the same also; and Messrs. Russell & Co., who have control of nearly one-half of the passage steamers, replied as follows when asked their views on the subject:

In accordance with, your request, we have made inquiries of the captains of the steamboats under our care, and the result is that we think there is reason in the proposition of the government to close it to foreign steamers. That the danger to native boats is exaggerated is quite possible, but the fact that the cut-off is the anchorage ground or port of Nanking seems clear, and the constant passage of steamers would be a great inconvenience to the native boats, to say, the least. We trust, however, that acquiescence in this instance will not lead to other cut-offs being closed where no valid and peculiar reason exists, for if so the navigation of the river would be much interfered with.

Mr. Sands, United States vice-consul at Chinkiang, while regarding the liberty to trade on the Yangtze as involving the right to use every part of its channel, still assented to the decree, “because the Straw Shoe channel is not necessary to the navigation of the river by steamers, and it is used by the native craft as an anchorage during stress of weather, such an anchoragc being very necessary to them, and steamers passing through the cut-off subject them to considerable damage in being thrown against each other by the swell made by the wheels of the steamers, although there has been but one case of collision in this channel since the river was opened between native craft and the steamers.”

Dr. Salter gives his reasons for declining to assent to the decree in his letter of July 2d, which, and my reply, (inclosures D, E,) furnish you with all that need be said, in addition to the above extracts, to explain the subject.

The question brought up in this decree involves a peculiar and novel feature in the international relations between China and the treaty powers, inasmuch as it is territorial, and not commercial or political. The limits of the open ports, and the privileges of access into the interior, with the rights growing out of them, have been arranged in conformity to treaty stipulations; but the treaties contain no provision enabling either party to limit or extend any territorial right conceded in them. The only legal way to reach the object in view, as it appeared to me, so as to make the regulation binding on American citizens, was to make the decree enforce a prohibition of the Chinese government over its own steamers. The British minister took the same view of it; and I now respectfully submit my action for your consideration.

I have the honor to be, sir, your obedient servant,

S. WELLS WILLIAMS.

Hon. William H. Seward, Secretary of State, Washington, D. C.

In order to show the action of the British minister, (but not making it a part of this dispatch,) I send a copy of his notification.

Notification.

British Legation, Peking.

Whereas, in consequence of collisions resulting in the loss of life and property having occurred between steamers and native craft in the channel commonly known as the Straw Shoe channel in the river Yangtsze, situated between the mainland and the island of Tsih-li-chan, called Tsau-hia on the admiralty charts, lying east of the city of Nanking, the Chinese government has thought proper to prohibit the use of this channel, extending from Theodolite Point to the eastern end of the island at Swallow Rock, to all steamers navigating the Yangtsze:

This prohibition is hereby publicly notified to British steam shipping; and it is hereby ordered that it shall be competent to the officers in charge of her Majesty’s consulates on the Yangtsze river to punish every infraction of the same by a fine of 100 taels; and in the case of collision, by the additional payment of full compensation for all injury done to the native shipping.

And the foregoing regulations, being hereby declared urgent, shall take full effect in one month after the date on which it shall have been affixed and kept exhibited in the public offices of the consular officers, and so remain in full force until disapproved by her Majesty, such disapproval to be signified and made public in the manner provided by section 85 of the said order in council.

Given under my hand and seal this 4th day of June, 1868.

RUTHERFORD ALCOCK.

A.

Regulation for the consular courts of the United States, in China.

In pursuance of section 4th of the act of Congress approved June 22, 1860, entitled “An act to carry into effect certain provisions in the treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States in those countries, or for other purposes,” I, S. Wells Williams, charge d’affaires ad interim of the United States to China, do hereby decree the following regulation, which shall have the force of law in the consular courts:

Whereas, repeated complaints having been made of the danger incurred by the native shipping from steamers passing through the channel commonly known as the Straw Shoe channel, situated between the main land and the island of Tsih-li-chan, called Tsau-hia on the admiralty charts, lying east of the city of Nanking; and collisions having already occurred between them and the native craft constantly using this reach, resulting in loss of life and property, the Chinese government has seen proper to prohibit the use of this channel, extending from the Theodolite Point to the eastern end of the island at Swallow Rock, to all steamers navigating the Yangtsze river.

Now, therefore, in order to give full force and effect to this prohibition, be it known to all whom it may concern, that all steamers sailing under the American flag are forbidden to use or pass through the above-described Straw Shoe channel, and every infraction of this regulation will render the steamer liable to a fine of 100 taels, prosecutable in either of the consular courts of the United States on the Yangtsze river, or at Shanghai; and in case of collision to pay full compensation for all damages done to the I Chinese or their shipping.

[seal.]

S. WELLS WILLIAMS.

Legation of the United States, Peking, June 1, 1868.

Assented to.

[seal.]

GEORGE F. SEWARD, Consul General.

Shanghai, June 12, 1868.

Assented to.

[seal.]

JOHN A. T. MEADOWS, United States Vice-Consul.

Tientsin, June 6,1868.

Assented to.

[seal.]

CHAS. J. SANDS, Vice-Consul.

Chinkiang, June 19, 1868.

Assented to.

[seal.]

S. A. HOLMES, United States Vice-Consul.

Chefoo, June 8, 1868.

I cannot assent to the closing of this channel.

[seal.]

G. H. COLTON SALTER, United States Consul, Hankow and Kinkiang.

Hankow, July 2, 1868.

Assented to.

[seal.]

EDWARD C. LORD, United States Consul.

Ningpo, July 14, 1868.

B.

Prince Kung to Mr. Williams

[Translation.]

January 3, 1868, (Tungchi, 6th year, 12th moon, 9th day.)

Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication:

It appears that, at the port of Nanking, along the bank of the Yangtsze river, from the Ta-Shing custom-pass down to the end of the island of Kiangsin, and from Swallow Rock up to Theodolite Point, at the end of Tsih-ti-chan or Tsauhai island, there is a narrow passage or cut-off commonly called the Tsan-hiai-hiah, or Straw Shoe channel. It is, however, much used by native craft, among which are many salt-junks and tinder rafts. In the month of May, 1864, the American steamer Hukwang, belonging to Messrs. Russell & Co., in coming through this passage ran down a salt-junk; and the circumstances of this casualty were soon after made known to the foreign ministers at Peking, to ascertain if they were willing that a regulation should be made for preventing any such accidents in future.

In the month of May, 1867, another steamer was passing through the narrow channel, near the Kwanyin gate, and ran against several vessels of different sizes, which were injured or sunk and 18 persons thrown into the water.

On the 24th of August last this subject was again brought to the notice of the foreign ministers at Peking, with a request that they would instruct their consuls to see that the previous decision [about using the channel] was carried out, and that a regulation might be immediately issued by them to that effect, or, if possible, that a prohibitory notice to steamers not to use this channel be promulgated until the regulation should be decided on.

But it has been suggested that, if the rule now desired is to be deliberated on by the consuls, there will be a long delay, and a great deal of time unnecessarily lost before it can be all arranged. When the steamer Hukwang ran down the salt-junk, the United States authorities fined the captain 1,700 taels, besides making him pay a consideration of 100 taels for each of the three persons who were drowned at the time. But, in fact, it is incumbent on all foreign steamers to use the main channel of the river, and it is rather a freak than a necessity that they pass up this cut-off. The native junks and rafts are very sluggish in their movements, and cannot instantly weigh anchor, [when they see a steamer,] and thus the damages they receive are neither slight nor seldom.

The Foreign Office is in duty bound to do all it can to protect these vessels and the interests of their subjects, and they therefore now again bring this matter to the notice of your excellency, with the request that you would instruct the consuls to notify the American merchants and the captains of steamers [trading on the Yangtsze river] that they must henceforth keep to the main channel of the river in passing up and down, and not go through this narrow passage—the Straw Shoe channel—nor anchor in it, nor off the salt commissioner’s depot; and that whoever transgresses this regulation and goes through the channel, thereby injuring or sinking any native craft, or causing the death of any person, shall be obliged to recompense the sufferers for the fair value of all their property destroyed, and pay a consideration of 100 taels for every person injured in any way by the collision, and 200 taels as a compensation for every life destroyed. If a merchant or master of steamers thus offending thinks to preserve himself from the consequences of his conduct, and refuses to make just compensation, then it shall be permitted to the collector, acting in conjunction with the commissioner of customs, to detain the goods and the vessel as surety until full compensation be made.

The Foreign Office now therefore make known this plan to your excellency, as well as to all the other foreign ministers at Peking; and we shall instruct the superintendents of commerce for the northern and southern ports, and the inspector general, to the same intent; and we have to request that you will immediately transmit the necessary directions to the United States consuls, that they may make the same fully known to the merchants and captains of American steamers for their observance.

This will exhibit a desire to act impartially to all, and will moreover allay the fears of the native traders.

His Excellency S. Wells Williams, United States Chargé d’affaires.

C.

Mr. Williams to Prince Kung

Legation of the United States, Peking, June 9, 1868.

Sir: I had the honor to receive the dispatch of January 3, 1868, in which your imperial highness proposes that the Straw Shoe channel, near Nanking, shall henceforth be closed, under certain penalties, to the passage of all foreign vessels.

On receiving the above statement and proposition, I took measures to get full particulars respecting this channel, and have learned that it is a narrow passage wherein native craft continually go and come, and that there is danger, if a steamer suddenly sails through it, that the native vessels will be run down. I have, therefore, made a regulation to prevent and guard against such disasters, and forbidden steamers carrying the American flag from going through this reach under penalty of a fine, to be inflicted by the United States consul.

But I cannot forbear here to refer, and with some surprise, to the proposal in the dispatch under reply, that, whenever a steamer violates the law about using this channel, and a collision ensues, the custom-house authorities shall detain the vessel and her cargo, as surety, till compensation be made. Now, the treaty distinctly provides that, whenever an American vessel violates any regulation, information of the same shall be sent to the consul, who will investigate and decide the case. The custom-house authorities have no power to act in the matter; and to detain a vessel, therefore, as a lien upon it or its master for an offense, as this dispatch now under reply proposes, is going beyond the treaty. In this your imperial highness has assumed greater powers than can be permitted, and the provisions of the treaty cannot thus be overpassed and rules established which it did not contemplate.

Furthermore, it is here proposed to estimate the value of wounds and human life; but who can know beforehand whether the sufferers are high or low, old or young, and thus settle, at a fixed rate, their worth and the amount of their just compensation?

I beg to add, in explanation of the prohibitory regulation which I have now issued against steamers using the Straw Shoe channel, that it only speaks of that passage, and does not refer at all to their anchoring near or off the Yen Kwan or Salt Gabal office.

I have the honor to be, sir, your highness’s obedient servant,

S. WELLS WILLIAMS.

His Imperial Highness Prince Kung, Chief Secretary of State for Foreign Affairs.

D.

Mr. Salter to Mr. Williams

Consulate of the United States of America, Hankow, July 2, 1868.

Sir: I have received from George F. Seward, esq., United States consul-general, your regulation of June 1, 1868, relative to the edict of the Chinese government prohibiting the use of the Straw Shoe channel, extending from Theodolite Point to Swallow Rock on the Yangtsze-Kiang. Mr. Seward says, in his dispatch No. 37: “Should the closing of this channel (generally known to navigators on the river as the Nanking cut-off) meet with your approval, please sign and return.”

I came out to China in 1863, and have had consular charge of the three ports on the Yang-Tse. I think I may safely say that I am more familiar with the accidents on the river than any other consul in China; and I speak from actual observation when I assert that there is no more probability or possibility of collision in this Straw Shoe channel than on the main channel of the river, if ordinary diligence and care be used.

The Chinese government speaks “of the danger incurred by the native shipping from steamers, and collisions having already occurred resulting in loss of life and property.” In 1865, the Shanghai Steam Navigation Company’s steamer Hukwang collided with a junk in this channel; no lives were lost, and the consul-general at Shanghai awarded full damages to the Chinese owners, I have carefully interrogated the different captains now running on the river, and their testimony is uniform that “no other collisions have occurred in this cut-off, and no lives have been lost.”

I look upon this edict of the imperial government as emanating from the fertile brain of Tsang Kwohfan, who, as one of the guardians of the throne, wields immense influence at Peking. His object, I think, is a strategic one, to divert the foreign steamers from one of the approaches to Nanking. If he succeeds in this step, what is to prevent him from asserting that frequent accidents have occurred in the other cut-offs, “resulting in loss of life and property,” and close them also? I will enumerate the principal cutoffs in order, and it is only following the idea to a logical conclusion, if the imperial government close one cut-off, they may close all the cut-offs on the Yangtsze-Kiang from Chin-Kian to Hankow:

No. 1. Nanking cut-off saves	7	miles.
No. 2. Williamette cut-off saves	7	“
No. 3. Jocelyn I cut-off saves	4	“
No. 4. Dove-point cut-off saves	6	“
No. 5. Oliphant I cut-off saves	4	“
No. 6. Hunter I cut-off saves	4	“
No. 7. Collinson I cut-off saves	4	“
No. 8. Grosvenor I cut-off saves	10	“
No. 9. Hukwang cut-off saves	4	“
Total saved	50	“

If this fatal concession is made, it will be one insidious step towards closing the river altogether. It is quite a significant fact that this Straw Shoe channel, or Nanking cut-off, is the only one of the nine above mentioned navigable during the entire year, in mid-winter the lead showing three to three and a half fathoms. In the narrowest part, if 200 junks were moored three deep on each side, there would still be room for the two largest steamers on the river (the Plymouth Rock, of 2,380 tons, and the Fire Queen, of 2,886 tons) to pass each other.

There are other cut-offs on the river Yangtsze; if they were all closed it would involve a loss to the American steamers now on the river of $50,000 per annum in coal alone. The pecuniary sacrifice, however, is nothing compared with the surrender, as I consider it, of a treaty right.

Looking dispassionately on the subject, with the light of five years’ experience, I am constrained to return the regulation without my approval. I am, sir, with great respect, your obedient servant,

G. H. COLTON SALTER, Consul of the United States, Hankow and Kukiang.

His Excellency S. Wells Williams, United States Chargé d’affaires ad interim.

E.

Mr. Williams to Mr. Salter

Legation of the United States, Peking, July 28, 1868.

Sir: I beg to acknowledge your dispatch of the 2d instant, giving your reasons for not assenting to my decree of June 1, 1868, forbidding the use of the Straw Shoe channel to American steamers.

As these reasons (some of which are hypothetical) do not in my view outweigh those in favor of the measure, I shall publish the decree, and send it, with all the papers, to the Secretary of State, to be submitted to Congress.

In your dispatch you very properly refer to your long acquaintance with the ports and navigation of the Yangtsze river as entitling your opinion on this decree to much weight. It is possible, indeed, if care be taken, that there is no particular danger in navigating the Straw Shoe channel; yet here has been the scene of the only two serious collisions on the river which I now remember. In one of them, on April 5, 1865, by the American steamer Hukwang three women were drowned; and in another one last year, by a French steamer, a score of men were precipitated into the water as their junk was crushed, but happily no lives were lost.

So long ago as 1861, the use of this cut-off by foreign steamers was deemed to be so dangerous to the native crafts lying there, that the Taipings, then in possession of Nanking, prohibited it; and Governor-General Li, on reoccupying the city; complained of the danger of collision. In the spring of 1865, when the British and French commissioners accompanied the Chinese officers in their visit to Nanking preparatory to opening it as a new port, the latter drew the attention of their associates to the risk attending the constant passage of steamers through this channel. The governor-general says “the channel varies much in width, and the water at times runs deep and strong, and at other times with less force. Hitherto, native vessels trading up and down the river, and among them salt junks and timber rafts, have used this reach; and as these last are clumsy, if steamers pass up and down by them, they cannot easily move out of the way.”

These arguments, based on facts of constant occurrence, are worthy of consideration on grounds of humanity. By cooperating with the Chinese authorities in restricting this channel to native craft, we show a desire not to unnecessarily incommode them; and it appears by your table of the various cut-offs that our steamers only lose seven miles in the whole trip to Hankow by avoiding this one—no great sacrifice for them, if thereby life and property are rendered more secure.

There is no power in the Chinese government to close the others without our assent. You allude to strategic and other reasons which have induced them to close this; but only one reason has ever been brought forward by them, viz, a desire to prevent accidents in future, and relieve the fears of the native boatmen; and I have no idea that they have had any other motive or object.

They have issued no edict about the matter, for it could not affect us; they have, in the exercise of their guardianship of their own territory, shown the danger of this channel, and I have issued a decree supporting and enforcing the regulation over American steamers. The British minister has done the same, and the French, Russian, and Prussian ministers all approve the propriety of this rule, which does not close the navigation of the river in any way, and merely requires steamers to take the safest of two channels.

If the Chinese steamers use the forbidden passage, they should be reported and required to keep to the main channel.

I am, sir, respectfully, your obedient servant,

S. WELLS WILLIAMS.

G. H. C Salter, Esq., United States Consul, Hankow.