No. 46.
Mr. Denby to Mr. Bayard .

No. 453.]

Sir: As a further acknowledgment of your circular of date July 9, directing me to report whether there is any discrimination against the vessels of the United States in Chinese waters, I have the honor to state that no such discrimination exists.

By Article XVI of the Tientsin treaty of June 18, 1858, the tonnage duties are fixed at the rate of 4 mace per ton of 40 cubic feet for vessels over 150 tons burden and 1 mace per ton of 40 feet for vessels of 150 tons burden or under.

By the immigration and commercial treaty of November 17, 1880, it is provided:

Art. III. His Imperial Majesty the Emperor of China hereby promises and agrees that no other kind or higher rate of tonnage dues or duties for imports or exports on coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States, or any foreign country, or transported in the same from any open port of China to another, than are imposed or levied on vessels or cargoes of any other nation or on those of Chinese subjects.

The United States, by the last clause of the same article, enter into the same agreement. Discrimination, therefore, is impossible.

Prior to the adoption of the treaty, China, through Prince Kung, assured Mr. Angell that there was no discrimination against vessels of the United States.

During my term of office there has been no complaint of any discrimination.

It seems that there has been but one Chinese steamer, the Ho Chung, that has ever entered a port of the United States.

I have transmitted to the Tsungli Yamên a translation of the act of Congress set out in the circular, and of the most material parts of the circular itself.

I have, etc.,

Charles Denby.