893.00/12588: Telegram

The Minister in China (Johnson) to the Acting Secretary of State

923. Reference Legation’s 882, November 29, noon and subsequent telegrams. Consul General Hong Kong recently inquired as to the effect of Chinese naval blockade of Fukien on selling American kerosene and gasoline to Fukien ports stating that a British steamer had been stopped by Chinese naval vessel which inquired whether gasoline or kerosene was being carried indicating that if so such cargo would be liable to seizure as contraband. Consul General stated that Texas Company desired to send one of their vessels to Foochow with kerosene and gasoline for regular customers.

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2.
Legation requested categorical statement from Foreign Office whether instructions to naval vessels prohibit the importation of kerosene and gasoline into open ports of Fukien. Foreign Office replied as follows. It is the wish of the Chinese Government that kerosene and gasoline shall not be imported into Fukien so that the rebels now in control of that Province may not use such articles to prolong the insurrection. Vice Minister of Foreign Affairs states orally that orders to the Navy were general in nature but that they prohibited the importation of any article which would prolong resistance of the rebels and he considered that beyond a doubt kerosene and gasoline were in this category. He added that Chinese Government would assume no responsibility if these commodities were seized by the Chinese Navy from a merchant vessel. He observed, however, that there has been no declaration of blockade.
3.
Legation has informed Hong Kong of the foregoing and inquired whether proposed shipments of Texas Company would be by American vessel.
4.
Peck reports from Shanghai where he is at present on leave of absence that he has ascertained unofficially from the Inspectorate General of Customs that no orders have been issued to or by the Maritime Customs forbidding shipments of anything but munitions of war. Customs, however, have for some time refused clearance to Chinese vessels to Fukien ports. He adds that apparently Chinese naval vessels have not for some time attempted to search merchant vessels at Foochow and even their presence there seems uncertain. I am requesting from Commander in Chief Asiatic Fleet information as to situation now existing at Foochow. There is an American naval vessel now at Pagoda anchorage but Legation has received no information from naval sources.
5.
British Legation states that there has been no recent search of British vessels off Foochow. British Legation suggested to British shipping companies that they refrain from shipping arms and ammunition to Fukien but have as yet given no other advice.
6.
Legation is awaiting reply from Hong Kong as to the Texas Company vessels before making any recommendations to the Department but meanwhile offers the following observations:

The question actually involved in this matter is as to the exercise by the Chinese Navy of the belligerent right of visit and search. The Chinese Government by its note of November 25th appears to have recognized the belligerency of the rebel faction in Fukien. While the Government requests us to instruct our ships and nationals not to ship to the rebels munitions or other articles of any sort which may serve to prolong the rebel activities, it at the same time announces an intention to exercise the right of search by vessels of the Chinese [Page 551] Navy, but does not indicate, except in the broadest terms as set forth in paragraph 2 of this telegram, what goods may be considered contraband. The British Government appears in effect to have indicated its willingness to recognize right of visit and search in Chinese waters if arranged and conducted under the supervision of one of His Majesty’s ships with the result that for the time being at least there has been no further stopping of British vessels.

Johnson