No. 129.
Mr. Seward
to Mr. Evarts.
Legation of
the United States,
Peking, October 29, 1879.
(Received January 7.)
No. 495.]
Sir: I have the honor to hand to you herewith a
copy of a letter which I am addressing to the consul-general at Shanghai, in
regard to the harbor rules for that port, which were adopted in the early
part of last year, and which have not been put into force in consequence of
a misunderstanding between the local authorities and the consular body. I
think that there is a prospect that the present dead-lock will be broken
soon and the rules enforced.
I have, &c., &c., &c.,
[Inclosure 1 in No. 495.]
Mr. Seward to Mr.
Bailey.
Legation of the United States,
Peking, October 29,
1879.
No. 192.]
Sir: The fact that the harbor rules which were
communicated to this legation by the Tsung-li Yamên in the early part of
last year, and from which I was so sanguine as to hope that much good
would result, have not come into effect, having been brought to my
notice, I have inquired of the Yamên as to the reason, stating to them
at the same time certain considerations which would be likely to
encourage them to take the business in hand again. The representations
which I made are shown in the memorandum inclosed, and the result in the
report by Mr. Holcombe, also inclosed.
It is my intention to recall the attention of my colleagues to this
subject at an early moment, if it shall not otherwise he brought
forward, and I now communicate with you on the subject in order to
indicate the situation of the business and the carefulness which should
be exercised at Shanghai in order to avoid any further
complications.
You are at liberty to hand a copy of this note to the chamber of
commerce, but not for publication, and to read it to your colleagues and
the customs authorities at any time when it may seem to you interesting
or useful to do so.
* * * * * * *
I am, &c., &c., &c.,
memorandum for mr. holcombe regarding the
shanghai harbor rules.
In speaking with the ministers of the foreign office on this subject,
please say that their object in preparing the rules, no doubt, was to
conserve the harbor, and that, in my opinion, they were well adapted to
this purpose. Say further, that I regard control over the district
occupied at Shanghai by junks, and over the banks of that part of the
river which is opposite the native city and suburbs, quite as necessary
as control
[Page 143]
over the foreign
anchorage and the banks of the river opposite to the foreign settlement.
The junk people are more given td throwing overboard their ballast than
foreigners are, and stone jetties, timber yards, &c., are found
only, as a rule, on the banks in the native quarter.
It is very desirable, therefore, that these rules shall not be abandoned,
and that the native anchorage, &c., shall not be exempted from their
operation.
Please say further that I regard the promulgation of the rules as an act
which the government is competent to perform, and that it is competent
for the government to declare how they shall be carried out; that is to
say, to instruct the harbor master and the local authorities and to
provide for co-operation between them. In this part of the business the
foreign authorities have no concern. It will be difficult, however, to
give perfect effect to the rules without the active support of the
foreign authorities. The government may rely upon such support if the
rules are fairly and efficiently administered over foreigners and
Chinese alike.
Please add that I feel more at liberty to speak upon the subject because
of my long residence at Shanghai and consequent acquaintance with the
dangers which are threatening the existence of the port.
shanghai harbor rules.
Minute of a conversation with His
Excellency Shen, at the foreign office, September 16, 1879.
Mr. Holcombe repeated the memorandum furnished to him by Mr. Seward.
His excellency then remarked that he saw no reason why he should not
speak with the utmost frankness in the business.
The rules, as Mr. Holcombe doubtless knew, did not originate in the
foreign office, but had come from Mr. Hart, and the foreign office had
approved them, asked the assent of the foreign representatives at
Peking, and sent them to Shanghai to go into effect, because they
believed that they were well calculated to conserve the interests of
both Chinese and foreigners.
But at the very outset the consular body at Shanghai had not only put
them to serious embarrassment, but also jeopardized the rules themselves
by insisting at once upon greatly enlarging the range of their
application beyond the area originally proposed by Mr. Hart. This had
resulted in strong opposition to the rules on the part of the local
Chinese authorities, and a protest by the high provincial officers
against the action of the foreign office in approving the rules without
having first consulted them.
His excellency added that at present the prospects for the successful
application of the rules were much better, and that they could probably
be enforced—the portion within the foreign concessions by the harbor
master, and the portion of the area without those concessions by the
local authorities acting in concert with the harbor master.
A suggestion of this sort had been recently received from the southern
superintendent of trade.
CHESTER HOLCOMBE.
Peking, September 17,
1879.
