Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880
No. 180.
Mr. Angell
to Mr. Evarts.
Peking, August 20, 1880. (Received October 12.)
Sir: Referring to Mr. Seward’s dispatches Nos. 623, 643, and 654, having regard to an effort made by certain Chinese local authorities to levy a tax upon cargo-boats at the treaty ports of China, I have the honor to hand to you a copy of a dispatch received from Mr. De Lano, late United States consul at Foochow, reporting that a similar effort has been made at his port, and stating the action, in opposition to the rules, taken by the consular body and the Chamber of Commerce. I also beg leave to submit a copy of my reply, addressed to Mr. Wingate, in which I have expressed my concurrence with Mr. Seward’s views upon this subject, to which I have called Mr. Wingate’s attention.
I have, &c.,
Mr. De Lano to Mr. Seward.
Sir: I have to inform you of another effort put forward (although it has not yet as sumed official form) to impose restrictions upon foreign-owned cargo-boats, and to bring them so completely within the control of the customs as to hamper their movements, give undue annoyance to their owners, and greatly obstruct the trade of the port.
On the 28th ultimo the commissioner sent to the senior consul, Mr. Sinclair, a semi-official note covering a series, of rules, a copy of which I inclose herewith, which he proposed to submit to the inspector-general for approval; with the view to putting them in force, and he asked Mr. Sinclair to solicit for them the approval of his colleagues of the consular body. Mr. Sinclair called upon me and handed me a copy of the proposed rules, when we decided to elicit from the boat-owners and the Chamber of Commerce an expression of opinion as to the effect they might have upon the movement of cargo and the general interests of foreign merchants at the port.
After a consultation of the consular body with a committee of the Chamber of Commerce, the conclusion reached was that the rules were impracticable and could not be enforced without serious detriment to foreign interests and danger of much obstruction to trade.
On the 1st instant the commissioner was invited to meet the consuls and Chamber of Commerce committee, with a view to offering him an opportunity to explain the general object and intent of the rules, and why the change from the practice of many years was proposed.
The main and almost only reason given for the proposed change was that native boat-owners had been suspected of violating existing regulations and defrauding the revenue.
The commissioner stated that if the new rules were adopted they would be available to prevent unlawful practices of Chinese or unscrupulous foreigners who might hereafter engage in the carrying-trade of the port, but the practice as to present owners of boats would remain essentially the same as it now is and has been for years. His explanation was not deemed satisfactory, as it was thought to be injudicious to vest such authority in the hands of commissioners, some of whom might be found to avail of it to the serious damage of trade.
On yesterday the commissioner notified the consuls that he would not take further action in the matter until after communicating with the inspector-general.
It may be pertinent for me to state that, in the interests of American citizens who are the largest owners of cargo-boats here, I should object to the adoption of any rules which would place foreign-owned boats any more within the control of the customs authorities than they are at present.
Looking to Article XIV of the British treaty, and Regulation X, framed in pursuance of the treaty of 1843, it appears to me that foreign merchants may employ any lighters or cargo-boats they please when they have cargo to load or discharge, and that if smuggling is done or attempted the customs have their remedy in seizure.
I have, &c.,
cargo-boat registration.
- 1.
- All cargo-boats must be provided with a customs register certificate, to enable them to ply as such within the limits of the harbor.
- 2.
- The name of the bona fide owner of the cargo-boat will be required to be given, and, in the case of those registered in the name of Chinese, that of a guaranteeing hong deemed satisfactory by the customs.
- 3.
- The limits of the harbor are “Upper Limit,” the stone bridge known as the “Wan Shou Chiao,” “Lower Limit,” Pagoda anchorage, inside a straight line running southeast from Lo Sing Island to a white square marked on the rocks on the opposite side of the river, having the letters LL in black inscribed therein.
- 4.
- All cargo-boats must come to the customs house jetty at Nantai once every three months to be inspected, when the certificate issued at the time of register will be endorsed according to result of inspection.
- 5.
- Cargo-boats found plying, whose certificates have not been indorsed as above, will be suspended from work till the owner shall have complied with this requirement.
- 6.
- No alteration affecting the construction of cargo-boats to be made without securing the sanction of the custom-house.
- 7.
- Any change in regard to ownership or guarantor of any cargo-boat to be notified in writing to the custom-house.
- 8.
- Customs officers will have instructions to lock the boats at the termination of the working of cargo.
- 9.
- Cargo-boats cannot return up river after the examination of their export cargo at the customs jetty (Nantai), nor can they pass that jetty with import cargo till after examination thereof.
- 10.
- Cargo-boats cannot carry any other export cargo but that declared in permits, which will give the number of the cargo-boat as entered on the application.
- 11.
- Cargo-boats cannot leave the customs jetty or ship’s side with cargo on board before being locked up by a customs officer, except in the case of discharge of imports, where there is no officer on board when the boat is ready to leave the ship’s side.
- 12.
- Cargo-boats laden and started on their journey, up or down the river, as the case may be, cannot anchor in the river except for good reasons assignable.
- 13.
- The numbers of all cargo-boats registered in the names of Chinese must be painted on white ground in black letters, and those registered in the names of foreigners on a black ground in white letters.
- 14.
- Breach of any of the above regulations will render the owner or his guarantor liable to punishment according to the circumstances of the case and the law applying thereto.
General Regulation X, under which the British trade is to be conducted at the five ports of Canton, Amoy, Foo-Chow, Ningpo, and Shanghai.
lighters or cargo-boats.
Whenever any English merchant shall have to load or discharge cargo he may hire whatever kind of lighter or cargo-boat he pleases, and the sum to be paid for such boat can be settled by the parties themselves without the interference of the government.
The number of these boats shall not be limited, nor shall a monoply of them be granted to any parties.
If any smuggling take place in them the offender will of course be punished according to law.
Should any of these boat people, while engaged in conveying goods for English merchants, fraudulently abscond with the property, the Chinese authorities will do their best to apprehend them. But at the same time the English merchants must take every due precaution for the safety of their goods.
Mr. Angell to Mr. Wingate.
Sir: On assuming the duties of my office I find here a dispatch (No. 168) from your predecessor, Mr. De Lano, to Mr. Seward, giving a series of cargo-boat rules proposed by the commissioner of customs at your port, and the action of the consular body and Chamber of Commerce in relation thereto.
The subject of the establishment by the local authorities of the ports of rules for cargo-boats, and especially of subjecting the boats to charges, has engaged the attention of this legation, and indeed of the whole diplomatic body here.
I fully concur in the views set forth by my predecessor in a circular issued March 15, 1880, No. 112, which you may take for your guidance.
As Mr. De Lano states that the commissioner had notified the consuls that he would take no further action until after communicating with the inspector-general, it is to be hoped that the local authorities at your port will not attempt to enforce these rules without authority from Peking.
I am, &c.,