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under the "most-favoured-nation" clause and two special Articles, the full enjoyment of any advantages so gained. This is expressly stipulated in the IXth Article of the French Treaty, signed at Tien-tsin; and by the XLth Article it is still farther provided for, in the following words:-
"Il est d'ailleurs entendu que toute obligation non consignée expressément dans la présente Convention ne saura être imposé aux Consuls ou aux Agents Consulaires non plus qu'à leurs nationaux, tandis que, comme il a été stipulé, les Français jouiront de tous les droits, privilèges, immunités, et garanties quelconques qui auraient été ou qui seraient accordés par le Gouvernement Chinois à d'autres Puissances."
the
Were China strong enough to assert her international rights in defiance of any foreign Power, her Government could, of course, refuse to allow a right conceded to one country, under certain conditions, to be enjoyed by another irrespectively of
We have engaged to give you these. They would be perfectly entitled to say, treatment of the most-favoured-nation, and are ready, in letter and spirit, to fulfil our engagement; but that does not warrant your claiming advantages without conditions which have only been conceded to another on their acceptance."
But China is scarcely in a position to assert her rights, in this or any other direction, when contested by foreign Powers. And, on the other hand, France and Prussia, and the Treaty Powers in general, may with some reason_maintain, "We have Treaties with China, by which we are entitled to import and export certain goods according to a tariff mutually agreed upon; consequently no understanding between China and another Power can affect our rights in this respect without our consent. This, no doubt, is true; and, as it is impossible to consent that goods imported or exported under the British flag should pay a higher duty, or be bound by any restrictions or conditions not equally applicable to all nations, it naturally follows that every Treaty Power has a veto on the revision which any one may find it advantageous to make. For, assuming that it could be plainly demonstrated on the whole to be greatly to the advantage of all Treaty Powers that certain arrange- ments entered into by any one Power with China should come into operation, it still would rest with each Government to act upon their own opinion on such a subject, and refuse if they saw fit. This creates a very serious difficulty in the
way of any revision with single powers.
In anticipation of this difficulty, an official note, herewith inclosed, was exchanged at the signature of the Convention between the Prince of Kung and myself, distinctly recognizing the necessity of deferring the giving effect to the instrument, even after the exchange of ratifications (except by mutual consent of the High Contracting Parties) until a common understanding had been arrived at with the other Treaty Powers, and their acceptance of the Articles of the Convention, as binding upon their respective subjects, had been obtained. To this end it was farther agreed that both should invite the several Treaty Powers to give their adherence to the Convention as a whole, and applicable alike to all. The inclosed copy of the reply of M. de Rehfues to my communication on the subject merely acknowledges receipt, pending the transmission of the text of the Convention by the Tsungli Yamên.
I do not know that any explanation of each particular Article, and the objects to be attained by them is needed beyond what the inclosed documents will supply. But in a matter of so much importance it may be better, at this distance too, that any error should be on the side of excess than deficiency; and I therefore will submit a few remarks in elucidation of the chief objects which I believe to have been secured by the signature of the Convention.
It will be seen that succeeded in part, by the omission of any stipulation as to time, in carrying out my instructions to avoid a revision for another decade. It was impossible, however, to obtain any of the concessions negotiated for last year without making it a formal revision in the sense contemplated in Article XXVII of the Treaty of Tientsin, with the understanding that no farther demand should be made upon them on the ground of no revision having been effected. Even this was only agreed to. I believe, in consequence of my intimation that the Audience and Coolie emigration questions must be fully gone into if any definite period were fixed during which any revision to be effected now should run. As a mutual compromise, the Yamen then agreed to leave out all specification of a fixed period, and I consented, ou my part, to withdraw the two questions from the list of those included for imme- diate settlement, and to discuss them separately.
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This, however, was only the first step towards a satisfactory termination. More than once in the last six weeks the negotiations were interrupted, and to all appear- ance broken off altogether, in consequence of the obstructiveness which the Chinese Members of the Mixed Commission displayed, and their opposition to any satisfac- tory measures for the relief of our trade from leking, and other charges, far in excess of the transit due of 24 per cent,, and fatal to all progress.
It became apparent, at last, that the only chance of arriving at any better result must lie in more direct negotiations with the Yamên; and Mr. Hart having offered himself as a medium of semi-official communication between myself and his Excellency Wên-hsiang and the rest of the Yamên, I availed myself of his services. I believe it was mainly through his active intervention that they were at last led to see the expediency, if not the advantage, of ceding many points previously insisted upon, and offering me terms I felt justified in accepting.
I have expressed myself so strongly, on many former occasions, as to the paramount importance, in any revision, of relieving our trade from the burden laid upon it by a wholly irresponsible power of taxation exercised by the local and provincial authorities, that I need not farther insist upon it here. add my conviction that the proposed arrangements hold out fair promise of the I have only to removal of long-standing abuses in this direction, and I see in them a practical solution of the difficulties caused by the exactions of the local authorities to the serious prejudice of trade.
The great objects specified under this head by the Board of Trade, I believe, will be fully secured by the measures contemplated; and the transit-pass system, liable to such grievous abuse by foreign merchants, has, at the same time, been almost entirely superseded-entirely so for the bulk of the imports in the nine Provinces, and in native produce for export, in all-under conditions which, by dispensing with all distinction between native and foreign trade, leave to the provincial authorities the rights they are accustomed to exercise of inland taxation, and an interest in the increase of foreign trade, while it secures the foreign merchant from all surcharge over the Tariff rate for transit of 23 per cent. more effectually than any system of protection by transit passes could do in such a country as China. This part of the scheme thus meets the suggestion of the Shanghae Chamber of Commerce, so far as leaving the proceeds of taxation in the hands of the Provincial authorities, while it gives them better protection against surcharges, and puts an end to the foreign traffic in transit dues, which was a public scandal.
The opening of two new ports in populous districts, and centres of distribution as well as consumption, in exchange for a port in Hainan, which has never been deemed worth opening, cannot fail to be a gain to commerce. Yang-tsze, has much to recommend it on its own account, but, independent of this, Wuhu, on the it was necessary to obtain it in order to bring the central Province of Anhui within the arrangement for free goods stipulated in the first Article of the Convention.
It is within such easy reach of Chinkiang that the Consular establishment there can, if necessary, provide for its wants, by detaching, temporarily or perma- nently, a senior assistant, if the development of trade should necessitate any surveillance on the spot. Wên-chow will, no doubt, require a small Consular establishment as soon as it is declared open; and there seenis an entire concurrence of opinion as to its value in a commercial point of view. Tchang, in the Upper Yang-tsze, would have been very desirable as a Treaty port, but I found it quite impossible to get the Yamên to accede to any proposal for extension farther inland.
There was a great stand made by the Chinese for a limitation of one year for drawbacks, but they finally consented to three years-amply sufficient, I believe, for all mercantile purposes, with payment in cash for any current quarter. In both directions this will prove very advantageous to merchants, for a limitation of one year had been de facto established at Shanghae, the chief port where drawbacks are in request.
I made a final effort to obtain the admission of foreign salt, as will be seen by the inclosed correspondence. I believe the objections might not have proved so insurmountable had the Yamên felt they had to deal with Great Britain only; but to grant to England a right to import one shipload every month was to concede the same right to every other Treaty Power, and twelve times twelve ships every year would not have left much monopoly in the hands of the Salt Commissioners.
The working of coal-mines at three points in the vicinity of ports, and two of
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