No. 177.
Mr. Denby to Mr. Bayard.

No. 385.]

Sir: I have the honor to inclose herewith a translation of a communication received from the Tsung-li yamên.

The governor-general of Canton enters into a lengthy argument in excuse of the tax complained of by me, of which a copy was sent to you in my dispatch No. 322, of date the 25th of February last. He sets out that the first lekin tax of 2 mace 8 caudarecns and 8 cash was levied because of representations that all other goods paid three taxes and kerosene only one. The tax of 80 cents a case, now complained of, he says was levied because the people had been subjected to new taxes on account of the increasing number of robberies. He claims that the tax does not interefere with the sale of kerosene, which is still sold for good profits.

The duty, he says, is not collected from foreign merchants. Therefore the foreigners can not be injured. Kerosene is still cheaper than [Page 222] the native oil. The sale of kerosene has increased, but; it has not diminished.

The argument drawn from the danger of fire is then gone over by the yamên. Should kerosene still prove the cause of fires, direct action can be taken by the United States and China.

It will be seen that the main question of the power of China to discriminate against foreign goods after their distribution is not argued.

* * * * * * *

It is true, I suppose, that sales of kerosene have not diminished, a fact which proves that the new tax is not prohibitory.

* * * * * * *

It is likely that the correspondence already had will prevent any further increase of taxation.

I have, etc.,

Charles Denby.
[Inclosure in No. 385.—Translation.]

The Tsung-li yamên to Mr. Denby

Your Excellency: Upon the 25th February last the prince and ministers had the honor to receive a dispatch from your excellency in regard to the increased leyy of lekin on kerosene oil at Canton, which you regarded as a plain intention to prohibit the introduction of this article. You requested the yamên to instruct the lekin authorities at Canton not to impose any further taxation of this kind on kerosene, etc.

At the time the yamên transmitted a copy of your excellency’s communication to the governor-general at Canton for his perusal and action in the premises, and also sent your excellency a dispatch in acknowledgment, all of which is a matter of record.

The prince and ministers have now received a report from the governor-general at Canton, as follows: The commissioners of the Canton lekin office report that with regard to kerosene oil, in the eighth year of Kuang Hsii, Chang Chao Ying, a native merchant, petitioned that all kinds of foreign merchandise shipped into the interior by Chinese merchants had to pay three lekin imposts, namely, one on shipment of goods, one on examination of goods, and one on arrival of goods at destination; that kerosene oil is the only article exempt from the payment of these lekin duties, and that this exemption was decidedly not fair and equitable. It was therefore decided that lekin in the sum of 2 mace 8 candareens and 8 cash should be imposed on each case of kerosene oil. This tax has accordingly been collected for some years.

Last year, in the fifth moon, owing to the increasing number of robberies at Canton, a memorial was presented to the Throne, and the Imperial sanction granted, authorizing the raising of money to defray the expenses of patrolling police. The people contributed towards this object for the people’s use, and it is a matter of no concern to lekin. Each article of merchandise is taxed in proportion to the business done. At the time the literati and merchants represented that they had deliberated together; that kerosene oil was in good demand, there being a large sale of it at extremely good profits, and that it only paid one lekin tax. They requested that an additional sum of 6 mace per case be imposed for the period of a half year. There was no opposition to this on the part of the people. Besides the collection of an additional sum on kerosene toward the patrolling police fund is an extra levy from Chinese merchants; it is not an additional duty collected from foreign merchants. When goods once pass into the hands of Chinese they are Chinese goods, and it matters not whether lekin is paid or a subscription is collected on them, the money comes (all the same) from the Chinese merchants, and is not a collection asked from foreign merchants. Hence there can not be any loss or injury to them [the foreigners]. Further, it appears that each case of kerosene oil pays an extra sum of 6 mace. This is equal to only 1 candareen 2 cash per catty. It is retailed to the people at the rate of 4 candareens 5 cash per catty. Peanut oil from the interior costs 6 candareens per catty; hence the price of kerosene oil is still much cheaper than the nut oil from the interior. Since this additional impost was put on kerosene the sale of the oil, although it has not shown very much increase, still there has been no diminution in sales noticeable; and from this it may be perceived that the trade has not suffered.

As to the statement made that the treaty can not be abrogated by indirect action, in the proclamation issued last year it was stated that the article kerosene is very explosive in its character, etc., and will result in a calamity with unlimited evils.

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Now, with regard to kerosene, it is an article which causes fires. Of late years in Canton there have been a great many calamities by fire, mostly caused by kerosene oil. These are the real and true circumstances. Besides, there, is a prohibition [against kerosene] in all foreign countries. For instance, take the steamers of Messrs. Butter-field and Levin plying between Hong-Kong and Macao. The carrying of kerosene is prohibited by them. This shows a prohibitory intention or purpose.

China has again and again enjoined upon her people, by the issuance of proclamations, that permission is still granted to import [kerosene] for lighting purposes, so that they may think of its calamitous nature and take necessary precautions in its use, but she has not been willing to restrain or press the matter too urgently.

The Governments of the United States and China mutually agree to give the most careful attention to the representations of either as to commercial intercourse.*

In future, if from circumstances calamities occur by fire—which it is difficult to prevent—to the detriment of the people, as a matter of course the question can be considered by both [the United States and China] and action taken in the premises. There will be no necessity, in a business not to be mentioned, to take indirect prohibitory action.

The yamên having received the above report from the governor-general at Canton, would state the representations made (and based upon) the real circumstances of the case, and, as in duty bound, the prince and ministers send this reply for the information of your excellency.

A necessary communication addressed by the Tsung-li yamên to his excellency Charles Denby, United States minister, Peking.

  1. [The full text is not quoted.—F. D. C]