No. 125.
Mr. Angell
to Mr. Evarts.
Legation of
the United States,
Peking, October 6,
1880.
No. 25.]
Sir: I herewith, inclose a circular letter, which I
am issuing to our consuls in China.
[Page 170]
The general pilotage regulations, though drafted by Sir Rutherford Alcock,
were submitted to the foreign ministers at Peking and approved by them prior
to their promulgation in November, 1868. Sir Thomas Wade therefore
recognized the propriety of submitting to fbreign ministers the slight
changes suggested by the chief justice of Her Britanic Majesty’s supreme
court at Shanghai.
It has seemed to me not improbable that during the twelve years of trial of
the regulations some graver defects than those indicated by the chief
justice may have become apparent, and that this may be a favorable
opportunity to secure any needed improvement.
I inclose subsections 3 and 4 of the regulations.
The judge finds subsection 3, if I understand him, useless, because the laws
of Great Britain prescribe no penalty for the offense named, and subsection
4 in conflict with the order in council, which prescribes that only a part
of the maximum fine named can be imposed.
I have the honor, &c.,
[Inclosure 1 in Mr. Angell’s No.
25.]
Mr. Angell to
United States Consuls in
China.
circular.
Sir: In a case carried up by appeal from the
British consular court at Swatow to the supreme court at Shanghai, the
chief justice has rendered an opinion (see North China Daily News of
August 10) in which he finds subsection 3, of the seventh of the general
pilotage regulations, adopted in 1868, in conflict with British
statutes, and subsection 4 in conflict with British orders in
council.
He has suggested to the British minister that a revision of these
subsections be made, and Sir Thomas Wade has submitted the matter to the
foreign ministers here for considerations.
It has occurred to me that possibly the experience of twelve years has
shown that some considerable modifications, perhaps a general revision,
of the regulations may have become desirable. I therefore desire you to
inform me—
- First. Whether, in your opinion, subsections 3 and 4 of the
general pilotage regulations need alteration.
- Secondly. Whether there should be more important modifications
of the regulations, or even a complete revision of them.
I am, sir, &c.,
[Inclosure 2 in Mr. Angell’s No.
2.]
General Pilotage Regulations.
Regulation VII.
- Subsection 3. Any one piloting without a
license, or making use of another’s license, shall be subject to
prosecution before his own authorities who will deal with the
offender in accordance with the laws of his country. Any pilot
lending his license to another will be proceeded against and dealt
with in the same way in addition to forfeiting his license.
- Subsection 4. Any commanding officer
employing an unlicensed person to pilot his vessel will be liable to
be fined in the sum of 100 taels by the authorities to whose
jurisdiction he is amenable.
