79
tai here in August 1851. For your guidance we enclose a Copy of this document, as well as of a letter from Mr. Addington to Sir Thomas Birch, from which you will perceive that the collection of the Chinese Customs' Revenue devolved upon Chinese officers exclusively, the Consul merely holding the Ship's papers until receipt of the Grand Chop advising that all claims of the Chinese Government against the Ship had been paid.
Under these circumstances I am instructed by the Chamber of Commerce to request you will obtain, as far as lies in your power, the opinion of Her Britannic Majesty's Government on the course Her Britannic Majesty's Consul has pursued, and if necessary procure competent legal opinion on the following points:
1st. Whether Her Britannic Majesty's Consul is justified in detaining the Ships' papers waiting for a document which, even if we tender the Duties, is unobtainable, in consequence of the overthrow of the Custom House Executive, and the cessation of the Collection of Duties by the Chinese Government; and such being the case, whether it follows that the collection of the Chinese Custom House Revenue de- volves on Her Britannic Majesty's Consul, more especially when the nature of Lord Palmerston's instructions is taken into consideration.
2nd. Whether the duties collected by Her Britannic Majesty's Consul since the overthrow of the Custom House can be legally claimed by any Government not now in existence, and previous to its re- cognition by the Government of Her Britannic Majesty.
Both these points are of the greatest importance, as they involve questions of International Law which may require the assistance of the highest legal authorities.
The Consul for the United States has issued a similar notification to Her Britannic Majesty's Consul for the conduct of Trade in American bottoms, but the Consuls of other nations have taken a different view of the Crisis, and in one instance already a Prussian vessel has been allowed to proceed to Sea upon the simple guarantee of the Consignee to the Prussian Consul, that he will be held harmless from any claim which may hereafter be substantiated against the ship by any properly authorized officer of the Imperial Government. Should this become general, it must necessarily lead to the extensive em- ployment of foreign shipping, a measure no less injurious to the interests of British Shipowners than opposed to the letter and spirit of the Treaty, which gives to the subjects of England every privilege that may at any time be enjoyed by those of any other Country. For your guidance, I enclose a Copy of the guarantee given.
While the Members of this Chamber are desirous that justice be done to the Chinese Government, they are at the same time bound to take care that no injustice be done to themselves, or to those whose interests are entrusted to their care; and as the Duties, which they will pay, or be responsible for, to Her Britannic Majesty's Consul, will ultimately be made over to the Chinese Government, only with the sanction of Her Britannic Majesty's Government, it would be a satisfaction to the members of this Chamber to know that the whole bearings of the question were placed fulsy before Her Majesty's Secretary of State for Foreign Affairs.
A Copy of this letter is addressed to the Chairman of the Manchester Chamber of Commerce, with whom you may consider it advisable to cooperate.
I am, &c.,
(Signed)
ALEXANDER PERCEVAL,
To the Chairman of the East India and China Association, Cornhill, London.
EAST INDIA AND CHINA ASSOCIATION.
Liverpool, 21st November, 1853.
MY LORD, Your Lordship is doubtless aware of the Notification issued by Her Majesty's Consul at Shanghae on the 9th September last, under which he took upon himself the responsibil- ity of receiving the duties of Customs due upon British Trade, on the dispersion and disorganization of the local authorities consequent upon the occupation of that place by a tumultuous force.
The Committee of this Association do not presume to offer any opinion upon the course which Her Majesty's Consul has thought proper to adopt under the emergency alluded to, but they res- pectfully submit that Your Lordship should direct such measures to be taken as may afford ample assurance to the parties whose money is thus held in trust, that the responsibility of its present custody and of its future appropriation will be undertaken by Her Majesty's Government.
Lord CLARENDON, &c., &c.
Ι am, &c.,
(Signed,)
CHARLES TURNER.
FOREIGN OFFICE. November 24, 1853.
SIR, I am directed by the Earl of Clarendon to acknowledge the receipt of the letter dated the 17th instant,,
London, 21st instant signed by you on behalf of the East India and China Association of
Liverpool, calling His Lordship's attention to the course pursued by Her Majesty's Consul at Shanghae, with respect to the collection of duties at that Port, during the suspension of the authority of the Imperial Government; and I am to state to you in reply, that Her Majesty's Government have provisionally sanctioned the re- gulations which Mr. Alcock has promulgated on this subject; and that all practicable precautions will be taken as to the safe custody and future appropriation of the duties paid by British Merchants.
Her Majesty's Government, however, cannot hold themselves responsible for the safety of the sums collected under these provisional arrangements.
I am, &c.,
(Signed)
To the Chairman of the East India and China Association, Cornhill. To the Chairman of the East India and China Association, Liverpool.
WODEHOUSE.