in full ; which done, the Superintendent of Customs will grant a
port clearance, and this being shown to the British Consul, he will
thereupon return the ship's papers and permit the vessel to depart.
VII. Examination of Goods at the Custom - house.
Every English merchant, having cargo to load or discharge, must
give due intimation thereof, and hand particulars of the same to the
Consul , who will immediately despatch a recognized linguist of his
own establishment to communicate the particulars to the Super
intendent of Customs, that the goods may be duly examined, and
neither party subjected to loss. The English merchant must also
have a properly- qualified person on the spot, to attend to his interests
when his goods are being examined for duty, otherwise, should there
be complaints, these cannot be attended to.
Regarding such goods as are subject by the tariff to an ad valo
rem duty, if the English merchant cannot agree with the Chinese
officer in fixing a value, then each party shall call two or three mer
chants to look at the goods, and the highest price at which any of
these merchants would be willing to purchase, shall be assumed as
the value of the goods .
To fix the tare on any article, such as tea, if the English merchant
cannot agree with the Custom-house officer, then each party shall
choose so many chests out of every hundred, which , being first
weighed in gross, shall afterwards be tared, and the average tare
upon these chests shall be assumed as the tare upon the whole ; and
upon this principle shall the tare be fixed upon all other goods in
packages.
If there should still be any disputed points which cannot be
settled, the English merchant may appeal to the Consul , who will
communicate the particulars of the case to the Superintendent of
LL 2
516 REGULATIONS OF
Customs, that it may be equitably arranged. But the appeal must
be made on the same day, or it will not be regarded. While such
points are still open, the Superintendent of Customs will delay to
insert the same in his books, thus affording an opportunity that the
merits of the case may be duly tried and sifted.
VIII. Manner of Paying the Duties .
It is hereinbefore provided , that every English vessel that enters
any one of the five ports shall pay all duties and tonnage- dues be
fore she be permitted to depart. The Superintendent of Customs
will select certain shroffs, or banking establishments of known
stability, to whom he will give licences, authorizing them to receive
duties from the English merchants on behalf of Government, and
the receipt of these shroffs for any moneys paid them shall be
considered as a government voucher. In the paying of these duties ,
different kinds of foreign money may be made use of ; but as foreign
money is not of equal purity with sycee silver, the English Consuls
appointed to the different ports will , according to time, place, and
circumstances, arrange with the Superintendents of Customs at each
what coins may be taken in payment, and what per centage may be
necessary to make them equal to standard or pure silver.
IX . Weights and Measures.
Sets of balance- yards for the weighing of goods, of money weights,
and of measures, prepared in exact conformity to those hitherto in
use at the Custom -house of Canton , and duly stamped and sealed in
proof thereof, will be kept in possession of the Superintendent of
Customs, and also at the British Consulate at each of the five ports,
and these shall be the standards by which all duties shall be charged ,
and all sums paid to government. In case ofany dispute arising be
tween British merchants and Chinese officers of Customs, regarding
the weights or measures of goods, reference shall be made to these
standards, and disputes decided accordingly.
X. Lighters, or Cargo Boats.
Whenever any English merchants shall have to load or discharge
cargo, he may hire whatever kind of lighter or cargo -boat he pleases,
and the sum to be paid for such boat can be settled between the par
BRITISH TRADE IN CHINA. 517
ties themselves without the interference of government. The number
of these boats shall not be limited, nor shall a monopoly of them be
granted to any parties. If any smuggling take place in them , the
offenders will of course be punished according to law. Should any
of these boat- people, while engaged in conveying goods for English
merchants, fraudulently abscond with the property, the Chinese
authorities will do their best to appehend them ; but, at the same
time, the English merchants must take every due precaution for the
safety of their goods.
XI. Trunsshipment of Goods.
No English njerchant ships may transship goods without special
permission : should an urgent case happen where transshipment is
necessary, the circumstances must first be transmitted to the Consul ,
who will give a certificate to that effect, and the Superintendent of
Customs will then send a special officer to be present at the trans
shipment. If any one presumes to transship without such permission
being asked for and obtained, the whole of the goods so illicitly
transshipped will be confiscated.
XII. Subordinate Consular Oficers.
At any place selected for the anchorage of the English merchant
ships, there may be appointed a subordinate consular officer, of ap
proved good conduct, to exercise due control over the seamen and
others . He must exert himself to prevent quarrels between the
English seamen and natives, this being of the utmost importance.
Should anything of the kind unfortunately take place, he will in like
manner do his best to arrange it amicably . When sailors go on shore
to walk , officers shall be required to accompany them, and, should
disturbances take place , such officers will be held responsible . The
Chinese officers may not impede natives from coming alongside the
ships, to sell clothes or other necessaries to the sailors living on board.
XIII. Disputes between British Subjects and Chinese.
Whenever a British subject has reason to complain of a Chinese,
he must first proceed to the Consulate and state his grievance ; the
Consul will thereupon inquire into the merits of the case , and do his
518 BRITISH TRADE IN CHINA .
utmost to arrange it amicably. In like manner, if a Chinese have
reason to complain of a British subject, he shall no less listen to his
If an
complaint, and endeavour to settle it in a friendly manner.
English merchant have occasion to address the Chinese authorities, he
shall send such address through the Consul, who will see that the
language is becoming ; and, if otherwise, will direct it to be changed,
or will refuse to convey the address. If, unfortunately, any disputes
take place of such a nature that the Consul cannot arrange them
amicably, then he shall request the assistance of a Chinese officer,
that they may together examine into the merits of the case, and de
cide it equitably. Regarding the punishment of English criminals,
the English government will enact the laws necessary to attain that
end, and the Consul will be empowered to put them in force : and, re
garding the punishment of Chinese criminals, these will be tried and
punished by their own laws, in the way provided for by the corre
spondence which took place at Nankin after the concluding of the
peace .
XIV . British Government Cruisers anchoring within the Ports.
An English government cruiser will anchor within each of the five
ports, that the Consul may have the means of better restraining sailors
and others, and preventing disturbances. But these government
cruisers are not to be put on the same footing as merchant vessels, for,
as they bring no merchandize and do not come to trade, they will of
course pay neither dues nor charges. The resident Consul will keep
the Superintendent of Customs duly informed of the arrival and
departure of such government cruisers, that he may take his measures
accordingly.
X
XV.. On the Security to be given for British Merchant Vessels.
It has hitherto been the custom, when an English vessel entered
the port of Canton, that a Chinese Hong merchant stood security for
her, and all duties and charges were paid through such security
merchant. But these security-merchants being now done away with,
it is understood that the British Consul will henceforth be security
for all British merchant ships entering any of the aforesaid five ports .
SUPPLEMENTARY TREATY . 519
C.
SUPPLEMENTARY TREATY .
The following is an abstract of the Supplementary Treaty between
the Queen of Great Britain and the Emperor of China.
Art. I. provides for the new tariff being in force at the five ports
of Canton - Fuchow -foo , Amoy, Ningpo, and Shanghai.
Art. II . provides for the general regulations of trade being in
force at the aforesaid five ports.
Art. III. provides that all penalties or confiscations made under
the 3rd clause of the general regulations of trade shall belong to
the government of China.
Art. IV. provides that British merchants shall be allowed only to
trade at the five ports mentioned in Art. I .; that the British mer
chants' ships shall not repair to any other ports or places in China ;
that if they do so in contravention of this article, the Chinese au
thorities shall be at liberty to seize and confiscate both vessel and
cargo , and that all Chinese subjects discovered clandestinely trading
with British merchants at any other ports or places in China shall
be punished as the law in China may direct.
Art. V. provides for the 4th clause of the general regulations of
trade being applicable to both parties.
Art. VI . provides that English merchants and others residing at,
or resorting to, the five ports, shall not go into the surrounding
country beyond certain distances (to be fixed by the local authorities
and consuls) , and “ on no pretence for purposes of traffic ; " and that
if any person, whatever his rank, station , or calling, disobey this
article and “ wander away into the country, he shall be scized and
handed over to the British consul for suitable punishment.”
Art. VII . provides for British subjects and their families residing
agreeably to the treaty of perpetual peace and friendship, at the dif
ferent ports named in Article I., and for their being allowed to buy
or rent ground or houses at fair and equitable rates, such as prevail
“ amongst the people, without exaction on either side. The ground
and houses, so to be sold or rented, to be set apart by the local au
thorities in communication with the consuls.”
520 SUPPLEMENTARY TREATY.
Art. VIII. provides for all foreign countries whose subjects or
citizens have hitherto traded at Canton, being admitted to the five
ports named in Article I. on the same terms as England.
Art. IX. provides for all Chinese criminals and offenders against
the law, who may flee to Hong Kong, or to British ships of war, or
to British merchantmen for refuge, being “ delivered, upon proof or
admission of their guilt :" and for any sailor, soldier, or other per
son, whatever his caste or country, who is a subject of the crown of
England, and who may, from any cause, or on any pretence, desert,
fly, or escape into the Chinese territory, being seized and confined
by Chinese authorities, and forthwith sent to the nearest consular, or
other British government officer.
Art. X. provides for a British ship of war being stationed at each
of the five ports, " to insure good order and discipline amongst the
crews of the merchant shipping, and to support the necessary autho
rity of the consul over British subjects.” The crews of such ship of
war to be " carefully restrained by the officer commanding," and the
rules regarding not straying into the country to be applicable to
them, in the same manner as the crews of merchant ships. The
ships of war to be in no degree liable to port- charges or any of the
general regulations laid down for trade.
Art. XI . provides for the British forces being withdrawn from
Chusan (Tinghai), and Coolung-soo being restored to the Chinese
government, agreeably to the treaty of perpetual peace and friend
ship, the moment all the moneys stipulated for in that treaty shall be
paid ; and “ the British plenipotentiary distinctly and voluntarily
agrees that all dwelling-houses, store-houses, barracks, and other
buildings, that the British troops or people may have occupied or in
termediately built or repaired, shall be handed over, on the evacuation
of the ports, exactly as they stand . ”
Art. XII . provides for the British plenipotentiary instructing the
different consuls ( in addition to the proclamation the plenipotentiary
has already issued ) “ to strictly watch over and carefully scrutinize
the conduct of all persons, being British subjects, trading under their
superintendence," and, in the event of any smuggling transactions
coming to their knowledge, they are to apprize the Chinese autho
rities, " who will proceed to seize and confiscate all goods, whatever
SUPPLEMENTARY TREATY . 821
their value or nature, that may have been so smuggled ;” and will ,
likewise, “ be at liberty to prohibit the vessel from which the
smuggled goods were landed from trading further, and to send her
away, as soon as her accounts are adjusted and paid ." All Chinese
subjects, whether custom-house officers or others, who may be dis
covered to be concerned in smuggling, are, by this article, to be
punished as the Chinese authorities shall think fit .
Art. XIII . provides for all persons, whether native of China or
otherwise, conveying goods to Hong Kong for sale, on obtaining a
pass or port-clearance from one of the five ports named in Art. I.,
and paying the duties agreeably to the tariff on such goods. It also
provides for natives of China repairing to Hong Kong to purchase
goods, and for their obtaining a pass from the Custom-house of one
of the five ports, should they require a Chinese vessel to carry away
their purchases. These passes to be restored at the expiration of
each trip .
Art. XIV. provides for an officer of the British Government
examining the registers and passes of all Chinese vessels visiting
Hong Kong to buy or sell goods ; and, for any vessel which may
not have a register or pass, being “ considered an unauthorized
or smuggling vessel,” and not being allowed to trade. “ By this
arrangement, it is to be hoped that piracy and illegal traffic will be
effectually prevented . "
Art. XV . provides for debts, incurred by Chinese dealers or mer
chants at Hong Kong, being recovered through the English courts
of justice. Should the debtor fly from Hong Kong to the Chinese
territory, and be known or found to have property, real or personal,
the fourth clause of the general regulations will be applicable to the
case, on application being made by the consul. In like manner,
should a British merchant incur debts at any of the five ports, and
fly to Hong Kong, the British authorities will , on receiving an appli
cation from the Chinese officers, institute an investigation into the
claims, and, when established, oblige the defaulter or debtor to settle
them, to the utmost of his means.
Art. XVI . provides for a monthly return of passes granted to
Chinese vessels to visit Hong Kong, being furnished to the British
522 SUPPLEMENTARY TREATY .
officer referred to in Article XIV. , by the hoppo of Canton, and for
a similar return being made by the said officer.
Art. XVII . , also termed “ Additional Article," provides for all
cutters, schooners, lorchas, and such small vessels that ply between
Canton and Hong Kong, or between Canton and Macao, passing, as
they have hitherto done, free of all port charges, if they only carry
passengers, letters, or baggage ; but if they carry any dutyable
articles, however small the quantity, they are to pay tonnage dues
at the rate of one mace per ton register. This article further pro
vides for the smallest of such vessels being considered to be seventy
five tons burden , and the largest one hundred and fifty tons burden ,
beyond which last size they are to be classed as foreign ships, and to
be charged tonnage dues according to Article V. of the general
regulations.
The following three rules were further laid down in this article,
which is only applicable to the port of Canton, for the guidance of
these small vessels.
1st. “ Every British schooner, cutter, lorcha, &c. shall have a
sailing-letter or register, in Chinese and English, under the seal and
signature of the chief superintendent of trade, describing her appear
ance , burden , ” & c .
2nd. “ Every schooner, cutter, lorcha , and such vessels, shall
report herself as large vessels are required to do at the Bocca Tigris ;
and when she carries cargo she shall also report herself at Whampoa,
and , on reaching Canton , deliver up her sailing-letter or register to
the British Consul, who will obtain permission from the hoppo for
her to discharge her cargo, which she is not to do without such per
mission, under the forfeiture of the penalties laid down in the third
clause of the general regulations ."
3rd. “ When the inward cargo is discharged, and an outward one
( if intended) taken on board, and the duties on both arranged and
paid, the consul will restore the register or sailing -letter, and allow
the vessel to depart."
THE END .
F. Shoberl, Jun . , Printer to H. R. H. Prince Albert , 51 , Rupert Street ,
Haymarket, London .
9
The Herald's movements .
1840
hov 25 ? hiya Tongkao Roado
1841
Tel 18th, p.316 Chuenfell Heliais beplan
“ 22* ལ1A1926
/
Nanlunga
14 ، 33 Bogue forts
2 336 ll !
9624 346 6hampon
Truch / 3 402 Before Canton
182 710 Yo
Suspension of foghlutis
May to and 446
20
A
Don
22 nd 2012. 8. Frech kolicine Fires iela
24th A i 30 attack on Canton .
June 162return to Hongkong
July 21st 1103-11. Typhoon
Any21th hug rest offorce departs to lepper
China Herald left as slain in Canton
Rion