Minister Conger to
the Secretary of State.
American Legation,
Peking, December 8,
1904.
No. 1760.]
Sir: The Chinese Government has presented a new
plan for the improvement and conservancy of the Whangpu River.
It has been sent to each of the foreign ministers, with request that it
be considered by their governments, and authority obtained to sign an
agreement to take the place of the second section of article [Page 118] 11 and annex 17 of the
protocol of September 7, 1901. I inclose herewith a translation
thereof.
This is not by any means as definite, nor does it furnish as complete a
guaranty as the plan which I have heretofore verbally presented to the
Chinese; but with some changes, I think, in view of the improbability of
ever accomplishing anything under the provisions of annex 17 of the
protocol, that it will be advisable to try to secure an agreement of the
powers along the line now proposed by China and sign and put in force as
soon as possible. A meeting of the diplomatic corps will be called
within a very few days to discuss this matter, after which I will report
by telegraph.
I have, etc.,
[Inclosure 1.]
Prince Ch’ing to
Minister Conger.
In regard to the dredging of the Whangpu River bed and the voluntas
assumption of all the expenses by China, my board some time since
drew up and proposed a set of five regulations and sent the same in
a dispatch to your excellency on June 9, as the records show. Now,
since the various ministers have found one or two unsatisfactory
clauses in the above-mentioned regulations, we, the prince and
ministers, have again deliberated upon the matter, and have another
plan to propose. We have drawn up twelve rules, a copy of which is
sent herein to your excellency with the request that you will
transmit it to your government, asking that this new plan be given
due consideration and a reply sent, that the ministers of the
various countries may meet with this board and decide upon a day for
signing an agreement and suffixing these rules to the protocol for
general observance.
A necessary dispatch.
Kuanghsü XXX year, tenth moon, 20th day
(November 26, 1904).
[seal.]
[Inclosure 2.]
Revised regulations for the conservancy of the
Whangpu.
The protocol calls for the establishment of a Whangpu conservancy
board, assigns the duties to said board, and stipulates the funds it
shall receive, etc. The Chinese Government now proposes a plan in
which she herself assumes this work and the entire expense, and the
following regulations have been agreed upon by the various powers:
- 1.
- The work of improving the channel of the Whangpu River and
of removing the inner and outer sand bars at Wusung and the
maintenance of such work shall be under the direction of the
Shanghai customs taot’ai and the commissioner of customs. As
to the river police and quarantine matters, they shall be
dealt with according to the old regulations.
- 2.
- Within three months after the signing of this article
China shall select an engineer, thoroughly experienced in
river work, and if this selection shall be satisfactory to a
majority of the foreign ministers he shall be appointed to
take charge of the work; but even after the work is begun
this engineer may be removed for cause, and the selection
and appointment of his successor shall also be as provided
above.
- 3.
- All contracts for the undertaking of river work or for the
purchase of materials, machinery, etc., shall be offered to
the various commercial companies to bid upon, and the most
reasonable bid shall be accepted.
- 4.
- Every three months a clear statement of the accounts of
the river work shall be made out and sent to the various
consuls residing at Shanghai for their inspection.
- 5.
- As to the building of all floating or other wharves and
the matter of river anchorage for hulks, permission in all
such matters must be obtained from the Shanghai customs
taot’ai and the commissioner of customs before anything is
done.
- 6.
- The customs taot’ai and the commissioner of customs shall
have power to grant or refuse places for anchorage, and they
shall have power also to establish public anchorages.
- 7.
- In all matters of expense for river excavation the consent
of the customs taot’ai and the commissioner of customs must
be obtained before any money can be appropriated.
- 8.
- The customs taot’ai and the commissioner of customs shall
have power to buy the land necessary to use in the
improvement of the channel of the Whangpu River and the
removal [Page 119] of the
inner and outer sand bars at Wusung and in the maintenance
of such work. If in the work of improving the channel the
amount of land on the banks is increased by foreshore
accretions, the customs taot’ai and the commissioner of
customs shall have power to sell this land. However, as to
the detailed plans regarding the buying and selling of land
and the method of determining a just price, it would be
better to wait until the work is begun, when the customs
taot’ai and the commissioner of customs can consult with the
various consuls and adopt further rules.
- 9.
- All expenses connected with the river work are to be borne
by China, and it is not to be paid for, as formerly planned,
by collecting a tax upon all landed property along the river
and duties upon goods and shipping going to and fro.
- 10.
- China assigns the revenues collected from the opium duties
in the province of Szechuen and the prefecture of Hsu Chou
Fu in Kiangsu as security for the entire expense of the
river work, which expenses are still to amount to 460,000
haikwan taels per year for a period of twenty years, as
required by the protocol. At first the expenses will be
greater, on account of the necessity of buying materials,
machinery, etc., so China can borrow a certain amount and
issue bonds, giving the above-mentioned opium duties as
security. In repaying this borrowed amount (principal and
interest) and in carrying on the work and in maintaining
that already completed 460,000 haikwan taels a year must be
expended.
- 11.
- If in the course of the work there appear any carelessness
or instability in construction, the various consuls may
point it out and require the engineer to take steps to
rectify the matter. If even then it is not properly done, a
conference may be called and the engineer dismissed and a
new one selected and appointed again, as provided in
regulation 2.
- 12.
- After consideration, adoption, and signing of this
agreement, Article XI, section 2, and annex 17 of the
protocol shall be annuled. But if China does not appropriate
each year sufficient funds according to this new agreement,
so that the needs of the work are obstructed thereby, the
powers may then require the terms of the original protocol
to be complied with.
