No. 107.
Mr. Holcombe to Mr. Evarts.
Legation of
the United States,
Peking, February 20, 1879.
(Received April 19.)
No. 123.]
Sir: In my dispatch, No. 69, of November 12 last, I
had the honor to lay before you certain correspondence which had passed
between the consular body at Shanghai and the diplomatic corps here, and
between the latter and the Chinese foreign office, in regard to the rules
agreed to early in 1878, for the conservation of the harbor at Shanghai.
That correspondence was closed by a note from Prince Kung, in which he stated
that he had referred the several questions raised to the northern and
southern superintendents of foreign trade for their consideration.
I have now the honor to hand to you herewith a translation of a further note
from the Prince, in which he communicates the opinion of the two high
officials mentioned above, that the authority and jurisdiction of the
harbor-master should be restricted to the limits of the foreign concessions
$ assumes that the Chinese Government has the power to modify the rules
without the consent of the foreign representatives; and asks us to instruct
our consuls at Shanghai in accordance with the terms of his note. * * *
Some time having elapsed after the receipt of this latter note from the
Prince, and the senior minister, Mr. Brenier de Montmorand, having evinced
no disposition to take further action in the premises, I brought the subject
to his notice and expressed the opinion that a joint answer should be
prepared. He informed me that he had not thought of doing anything further;
that, in point of fact, he had been opposed to the rules from the beginning,
and had only agreed to them out of deference to the wishes of his
colleagues. He, however, added that he would submit a draft of a response
for our approval. Two days later he submitted the form of an answer, of
which I inclose a copy in French and English.
As none of his colleagues agreed with Mr. Brenier that the draft suggested by
him was in the most desirable shape for presentation to the Chinese,
although approving its general sense, he at once sent his answer to the
foreign office and left his associates to make such reply as should seem
best to each. After consultation with my colleagues, the chargé d’affaires
of Russia and Germany, we sent an answer substantially identical. A copy is
inclosed of the note sent by me.
Having taken this action, I went, with the advice and consent of the
representatives mentioned above, to the foreign office and discussed the
subject with the ministers, all of whom were present. They did not seem to
be thoroughly informed as to the nature and operation of the rules in
question, and hence exaggerated some of the difficulties in the way of their
enforcement. My explanations seemed to give them much satisfaction, and the
interview was, I think, productive of good. They promised to refer the
subject again to the northern and southern superintendents of foreign trade,
and to urge the enforcement of the rules as originally agreed to. They
stated, however, that a little delay would be necessary, as the British
Government is, at the moment, unrepresented in Peking, and it would be
advisable to await the arrival of Sir Thomas Wade, who is expected here in
March. To this, of course, no objection could be raised.
I beg, respectfully, for your approval of my action as narrated herein.
I have, &c.,
[Page 214]
[Inclosure 1 in No. 123.]
The Foreign Office to the
French Minister.
January 11,
1879.
Unofficial.]
Sir: In the matter of the rules for the
conservation of the harbor at Shanghai, and referring to your
excellency’s two notes to us, and to our reply to the effect that we had
requested the northern and southern superintendents of foreign trade to
cause the subject to be taken into consideration, and that we would
address you again when their reports should have been received, we have
now the honor to inform your excellency that those reports are before
us.
According to the statements of the intendant at Shanghai, the area
defined within yellow lines upon a chart sent by the acting
inspector-general of customs, and extending from the Little East Gate of
the Chinese city of Shanghai, in a southerly direction, to the south tea
and silk customs barrier, is called the suburbs of the city, which it is
proposed to put within the jurisdiction of the harbor-master.
This area is to the south of the French concession, and the land along
the river here is all owned by Chinese. The number of shops is immense,
and the wharves and jetties are as thick as a forest. In the river,
Chinese vessels from Ningpo, Tientsin, Foochow, and Canton, to the
number of many thousands, are accustomed to lie at anchor. An immense
number of small craft from the interior are also constantly coming and
going. For hundreds of years jurisdiction over this area has been
exercised by the magistrate of Shanghai, and no obstruction to the
course of the river has resulted.
The masters of Chinese craft and other persons, having heard that it was
proposed to put the area in question under the control of the
harbor-master, have petitioned the magistrate in great numbers to
prevent this action. It is to be feared that if their wish is
disregarded they will rise en masse and cause
serious disturbances.
The area to be hereafter under the jurisdiction of the harbor-master
should be that embraced within the foreign concessions. There is no
necessity for placing him also in control of parts outside of those
limits. In regard to the river at Weisung, the signal master has
hitherto had control for a distance of three miles, and this area might
be put under the general supervision of the harbor-master. Modification
of the rules in the sense indicated above is requested.
In regard to this subject we have the honor to observe that the rules in
question were enacted by China herself, with a view to the protection of
the harbor of Shanghai. If there are local obstacles to their exact
application, then they ought certainly to be modified so as to be
satisfactory. Having received the reports of the northern and southern
superintendents of trade, we have the honor to communicate their
substance to your excellency for your consideration, and to request that
you will transmit it to the several foreign representatives in this city
and instruct your consul in the premises.
Cards and compliments.
[Inclosure 2 in No.
123.—Translation.]
Peking, February 3,
1879.
To their Excellencies the Ministers,
Members of the Tsung-li Yamen:
Gentlemen: I have communicated to my colleagues
the letter your excellencies did me the honor to address to me on the
11th January last, and beg to say we are unanimously of opinion that the
regulations relating to the harbor of Shanghai having then consented to
between your excellencies and the members of the diplomatic body at
Peking, no alterations can be made by the Chinese Government in these
regulations without the assent of the parties thereto.
Please accept, &c.
- The Minister for France in
China,
Doyen of the
Diplomatic Body.
- The Minester for Peru.
- The Chargé d’affaires for
Russia.
- The Chargé d’affaires for
Germany.
- The Chargé d’affaires for the United
States.
- The Chargé d’affaires for
England.
[Page 215]
[Inclosure 3 with dispatch No.
123.]
Mr. Holcombe to
Prince Kung.
(Red note.)
Sir: His excellency the minister for France has
furnished me with a copy of your Imperial Highness’s note of the 11th
ultimo, to him, in the matter of the rules for the conservation of the
harbor at Shanghai. In this note Your Imperial Highness states that
these rules were enacted by China herself, with a view to the protection
of the harbor at Shanghai, and that if there are local obstacles to
their exact application, they ought to be modified so as to be
satisfactory, &c.
I notice with regret and surprise that Your Imperial Highness is of
opinion that the rules in question should be modified, and that such
modification is possible without the consent of the various diplomatic
representatives in this capital.
These rules as proposed by Your Imperial Highness, and agreed to by the
several foreign representatives in January, 1878, gave certain powers
and authority to the harbor-master at Shanghai, over a class of Chinese
and foreigners, and put a portion of the river under his immediate
jurisdiction. Your Imperial Highness was well aware; that in order to
make the rules in question operative within the foreign concessions and
generally in their application to foreigners, the consent and
co-operation of the foreign representatives was necessary. That consent
was asked, and without exception the ministers resident at Peking,
believing the rules to be formed with a view to the conservation of the
harbor at Shanghai, and in the interests of foreigners and natives
alike, cordially granted the concessions, and gave the necessary
instructions to their respective consuls. And further, they reported
their action to their several governments and received their approval.
Hence the rules stand in the light of a convention agreed to between
China and the several powers represented at Peking, and, this being the
case, it is self-evident that no modification is possible without the
previous consent of both parties to the original agreement.
As representing one of the parties to the convention, I am unable to give
my consent to the modification of the rules in question.
By reducing the area of the application of the rules we not only lessen
their practical utility, but it even becomes doubtful whether their
enforcement in the remaining district will serve any useful purpose.
The intendant at Shanghai, in his note as quoted by Your Imperial
Highness, fails utterly to give any valid reason for the modification
which he proposes. The harbormaster, to whom the rules give a certain
limited jurisdiction over the area in question, is not a foreign
official, but a Chinese employé and directly under the control and
direction of the Government of China. The area mentioned and the
shipping and other interests within it would therefore come in no sense
under foreign control. The Taotai manifestly mistakes the situation and
exaggerates the opposition of the people when; he represents that
disturbances are likely to result from an attempt to apply the rules to
the area mentioned. There are perhaps foreign ship-owners and masters
who object to the enforcement of the rules against them, but this of
itself would hardly cause any foreign representative to withdraw from
the convention, so long as he believed that; the rules were well
calculated to preserve and protect the general interests of the port,
and of the large amount of shipping which frequents it.
Confident that the rules in question, if faithfully enforced, will be of
great benefit to the harbor of Shanghai and to natives and foreigners
alike, and, resolved on my part to conform strictly to the terms of
these rules as originally agreed to, I beg leave to request Your
Imperial Highness to instruct the intendant at Shanghai to conform on
his part, as the local representative of Your Imperial Highness’s
government, to their stipulations, and thus to end the discussion of the
subject.
I have, &c.,
