[This Document is the Property of His Britannic Majesty's Government.j
CHINA TRADE,
CONFIDENTIAL.
No. 1.
[August 28.]
SECTION 3.
Sir E. Satow to the Marquess of Lansdowne.-Received August 28.)
(No. 233.)
Peking, July 3, 1905. My Lord,
I HAVE the honour to transmit to your Lordship herewith, with reference to my despatch No. 183 of the 29th May, copy of a note which I have addressed to Prince Ching on the subject of the difficulties put by the Chinese in the way of the opening of Changsha,
I have, &c.
(Signed)
ERNEST SATOW.
Your Highness,
Inclosure in No. 1.
Sir E. Salow to Prince Ching.
Peking, June 29, 1905. I HAVE the honour to acknowledge the receipt of your Highness's note of the 27th April, in which you inform me that the question whether li-kin should or should not be levied on foreign goods conveyed into the City of Changsha depends entirely on whether this city is or is not included in the area of the Treaty port, and that, as this point has not yet been settled between His Majesty's Consul and the Governor of Changsha, you can hardly call upon the authorities to at once abstain from levying li-kin.
I deferred hitherto replying to your Highness's note because the Viceroy of Wachang had approached His Majesty's Consul-General with certain proposals for the settlement of this and other questions in regard to which controversy had arisen at Changsha. But Mr. Fraser now reports to ine that the Viceroy has informed him that the Governor will not accept the proposals put forward by him, and this is confirmed by a report from His Majesty's Consul. Under these circumstances I am compelled to put before your Highness the views which I held on this question, which are those of Ilis Majesty's Government.
By Article II of the Treaty of Nanking, British subjects are allowed to reside for trade at the cities and towns of Canton, Amoy, Foochow-foo, Ningpo, and Shanghae. In Articles X, XI, and XII these cities and towns are referred to as ports. The words thus used have obvious and plain meanings, and cannot be construed to bear the restricted meaning of "landing place adjoining an anchorage" to which the ChinesĄ authorities have endeavoured to limit it. Article VII of the Treaty of Tien-tsin speaks of the residence of Consuls "in any of the open ports or cities of China," and by Article XI it was agreed that, "in addition to the cities and towns" mentioned in the Treaty of Nanking, British subjects may frequent the cities and ports of Newchwang, Chefoo, Taiwan, Swatow, and Kiungchow. The same Article provides for their having the right of buying or leasing houses and leasing land at all these "ports and towns," and by Article XII they are entitled to make agreements for the land or buildings at the rates prevailing among the people equitably and without exactions on either side. Official intervention in such matters at a Treaty port is thus excluded.
By Article X of the Japanese Commercial Treaty of the 8th October, 1903, Changsha was opened to foreign trade in exactly the same way as the places opened by the Treaties. From the moment of the ratification of that Treaty by the High Contracting Parties all the privileges, immunities, and advantages granted by it to the Japanese Government or to Japanese subjects enured immediately to His Majesty's Government and to British subjects, and Changsha became a Treaty port under the same conditions as those already mentioned.
By Article X of the Treaty of Nanking, the Emperor of China engages that, when British merchandize shall have paid at any of the said ports the regular customs
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