by British Subjects of the laws & customs of the Chinese Empire, and of the regulations which have been laid down for their commercial dealings; but you will at the same time point out that all efforts on the part of British Authorities will be ineffectual, unless the Chinese Authorities, on their side, exert themselves to control the conduct of their own people; and that their power of control is more likely to be effectual in operation than any which can be employed by British Authorities.
however desirous these last of proper brands.
18-May
control.
49
in the intrigues of Chinese officers who find their profit in the continuance of a smuggling trade, an opportunity may still present itself, which, if judiciously taken advantage of, may enable you to overcome the scruples of the sovereign, or to expose the fraudulent practices of his adherents, and thus get rid of a system pregnant with danger so thoroughly demoralizing unfortunately prevails.
"I do not think it necessary to enter at any length on the subject of the Opium Trade, as the Secretary of State for the Colonial Dept. has already fully stated to you the opinions and wishes of H. M's Govt on that matter. As far as the discussions with the Chinese Authorities are concerned, they have terminated, according to the inclosures of Sir H. Pottinger's Desp: 19143, of the 4th of Novr, in a statement, on the part of the former, that they were unable even to discuss any further at that time the question of legalizing the importation of Opium into China on payment of a moderate duty, and by a declaration, on the part of Sir Henry Pottinger, that notwithstanding all the measures which he has taken to prevent any illicit trade being carried on by British Subjects in the Ports and on the Coasts of China, the Chinese Govt can alone effectually put a stop to such practices by imposing sufficient restraint upon their own subjects.
Nevertheless, It is fully relied upon your taking advantage of a favourable opportunity to urge a sounder policy with respect to this question. It cannot fail to be a continual source of embarrassment to all parties as long as it is allowed to remain in its present state; and whether the main ground of opposition to legalizing the trade exists in the personal sentiments of the Emperor, or in any other cause, it is required.
The functions which H. M's Consuls in China will be called upon to exercise are of a very peculiar character, and will call for the exertion on your part of unremitting superintendence, and control. It will in some respects be convenient to deal with the Consular system in China almost from the commencement, so that you will be able to lay down such rules respecting it as may appear to you most suitable to the circumstances in which the Consuls will be called upon to act. It will of course be desirable that the general rules for the guidance of H. M's Consuls should be adhered to as far as possible; but the new duties which will be imposed upon the Consuls in China will require new rules, especially as regards the exercise of jurisdiction over British Subjects. The practice in this respect which is observed in the Levant, will doubtless be applicable to China; and the main question for your consideration will be how far it may be expedient or necessary to empower the Consuls to proceed in the adjustment of Civil Differences, or in the repression or punishment of Criminal offences, which may arise within the limits of their respective districts.
One thing must always be borne in mind in dealing with the last description of cases, namely, that certainty rather than severity of punishment, is what is likely to produce a salutary effect.
It will be your duty to cause the Consuls steadily to keep in view...
by British Subjects of the laws & customs of the (fenèse Empire, and of the regulations which have been laid down for then commercial dealings; but you will at the same time ponit out that all efforts on the part of Butish Authorities will be ineffectual, unless the Camèse Authorities, on their side, exert themselves to controne the conduct of their own people; and that their power of con- si more case of application and more likely to be effectual in operation than
which can be employed by British Authonties, be to keep them conn
aut
however deurons these last
proper brands.
18-may
control.
49
in the intrigues of Chinese officers who find their profit in the continuance of a muggling hade, an
apportunity may still present itself, which, if judiciously taken advantage of, may thable you to overcome the souples of the sovereign, or to expose the fraudulent practices of his adherents, and this get rid of a system pregnant with or mach Bangert so thoroughly demoralizing unfortunately prevails.
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"I do not think it necessary to enter at any length on the subject. of the Openmn Trade, as the Seer of State for the Colonial Dept. abready fully stated. to
to you
the opinions and wisher of it. Misfort on that matter. As far as the discussions with the Chincre Authorities are concerned, they have berminated, according to the inclosures of his it. Pottingers Scrp: 19143, of the 4th of Noor, in a statement, on the part of the former, that they unable even to discuss any further at that time the question of legalizing the importation of Opina into Cheria on payment of a moderate duty, and by a declaration, on the part of Sir Henry Pottinger, that notwithstanding all the measures which he has taken to prevent any illicit trade being carried on by British Subjects in the Ports and on the Coasts of China, the Chencre Govt can alone effectually put a stop to such practises
subject. by imposing sufficient restraint upon their own sa hevertheless, It: th's foot rely upon your taking advantage of the Chinese Govt to adopt- favourable opportunity to wige a sounder policy with respect to this question. It cannot fail to be a continual source of embarrassment to all parties as long as it is allowed to remain in its present state; and whether the main ground of opposition to legalizing the trade exists in the personal sentiments of the Emperor, or
any
in
that which now
to have
required The functions which H. Mis Consuls in China will be. A exercio are. of a a very peculiar character, and will call for The exertion on your part of unremitting superintendence, and controal. It will in some respects be convenient to
to you to deal with the Consular syster in China almost from the commencement, so that you
will be able to lay down auch eules respecting it as may appear & you most suitable to the to circumstances in which the Casals will be called upon to act : It will of course be desirable that the general sales for the guidance of I. M's Consuls should be adhered to as far as possible; but the new duties which will be imposed upon the Consuls in China. will require new rules, especially as regards the exercise of jurisdiction over British Subjects. The practice in this aspect which is observed in the Levant, will doubtles be applicable to China :: and the mass question for your consideration will be how far it may
or necessary to empower may be expedient the Consuls to proceed in the adguistment of Civil Differences, or in the repression or punishment of Criminal offences,
of their respective arise within the limits of their sex, which may districts. One thing must always be bome ni mhind the
What dealing with the last description of cases, namely, certainty rather
salker than severity of punishment, is
which counted upon
in most of the cases before the Consuls,
i
RI
to be
may
come
likely to produce a saluting effect.
It will be your duty to cause the Consals steadily to keep
·
in
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