to those, Tamsui and Tai-wan-Foo, already opened by Treaty, had claimed the attention of the late Committee just before their retirement from office. The correspondence commenced by them, and continued by your present Committee, appears in the annexed Appendices marked B; but there have been later modifications of the original plan therein specified, which have made Keelung, for Custom-house purposes, a dependency of Tamsui; and while laying down certain regulations for the control of vessels resorting to that port, have done away with bonds and passes in connection with it. The rules appended to the correspondence therefore, apply only to the Southern port of Takao, and the Committee have reason to believe, that the Baron de Meritens is at present endeavouring to introduce there an arrangement similar to that already in operation in the North, by making Takao a dependency of Tai-wan-Foo, with a Custom-house establishment at the latter station. When that is done, there will no longer be any necessity for exacting the securities at first proposed as the consideration for enlarging the field of trade in the Island of Formosa.
The Baron de Meritens deserves much credit for the sagacity, and breadth of view, shown by him in his efforts to open more widely the trade of China to Foreign enterprise, and success at these new ports will encourage an extension (already contemplated,) of the system to important stations on the Mainland.
On the appearance of the Blue Book on Affairs in China, laid before Parliament in January of the present year, it was found to contain the memorandum addressed to Earl Russell by Mr. H. N. Lay referred to in the Committee's Report to the Chamber of last May. The document was evidently not meant for the eye of the parties assailed in it, but Lord Russell, as was to be expected, published it, and in doing so only did justice to the general commercial body in China. The Chamber of Commerce at Shanghai, and many of the firms specially accused by Mr. Lay of smuggling, have written in disproof of these charges, and in refutation of his bold and reiterated assertions of the existence of universal fraud on the part of the foreign community in their dealings with the Chinese Customs' revenue. But it appeared to this Committee that, in the memorandum, many other questions of vital importance to foreign residents were advanced, in a manner unfavorable to their interests; and that the adoption of the whole of the paper by Mr. Under Secretary Layard in his place in Parliament, as an authoritative text book on all matters relating to foreign Commerce in China, made it incumbent on them to review these and other questions in a communication to the Secretary of State for Foreign affairs. They accordingly addressed on the 22nd ult. a letter to Earl Russell, which is now submitted to you and will appear in the appended correspondence as appendix, C. The letter was enclosed (open) to Sir F. Bruce, for transmission to London; and a duplicate of it was forwarded yesterday direct to the Foreign Office. The Committee have only to add in explanation of the scope of their letter, that they framed it in the conviction that it is essential to a right understanding with the Government of China, that the Treaty rights of foreign Consuls should be rigidly maintained—but that their judicial decisions, (whatever might be the grade of the deciding Officer) should not be final. Mixed Courts, which have been frequently suggested, would offer in their construction almost insuperable difficulties; but there is another description of Court, adverted to in the letter, and established at the present time in Turkey and Egypt, which might possibly be introduced with much advantage in China, in connection with the Supreme Court of Hongkong.
The Committee, in concert with the Shanghai Chamber of Commerce, have made arrangements for receiving from London a fortnightly telegram, to the latest date possible by each mail. The form of Message, and the letter to Mr. William Walkinshaw, one of your late Vice-Chairmen, requesting him to make suitable arrangements are marked in the appendices. The Shanghai Chamber have agreed to defray half the expense. The Contents will immediately on arrival be available to all Members of the Chamber; and it remains for them to decide now, whether other parties may be admitted to a knowledge of these telegrams, on payment of a subscription. The Committee trust that their action in this matter will meet the approval of the Members.
A scale of Maximum commissions has been prepared (see Appendix E) by the Committee as applicable to the business of Hongkong, and as valuable for reference in disputed cases. It has been submitted to the consideration of all the Members, and several alterations having been suggested, they will have now to be settled, in order that the Table may be published under the sanction of the general body. The Committee purpose constructing a similar scale of Warehouse Rent, Porterage, Boat hire &c., and, when prepared, it shall in like manner be circulated to all the Members.
The absence of all right of appeal from the judgments of the British Superintendent of Trade, in all suits between British subjects and other foreigners or Chinese, whether original or by appeal from the lower Consular Courts, has long been deemed a hardship by Her Majesty's subjects in China. The Committee therefore regarding with favor a suggestion to raise a fund, out of which pecuniary aid might be given to parties engaged in combating such restriction of Appeal, or in suits involving the assertion of principles of general importance to men engaged in trade in this Country, issued the Circular marked in the Appendix F, and handed a Copy to each Member. The proposal has already obtained the approval of many of the Members, and a Deed of Agreement has been signed by them, engaging to the extent of the amounts severally subscribed, to meet calls for pro rata contributions when required. The class of cases to which assistance may be given is subject to the discretion of the Committee; but they are bound by the conditions of the Deed to give full information to the subscribing parties. The Chamber of Commerce at Shanghai has raised a similar fund with the same objects.
The Committee submit now to your judgment various changes and amendments in the Rules of the Chamber, and in the Bye Laws subordinate to them, as set forth in Appendix H. It remains with this Meeting to adopt or reject these proposed alterations. The Committee believe that they will improve the constitution of the Society.
It may not be out of place here to notice an impression, more or less prevalent in Hongkong, that this Chamber might be clothed with the attributes of a Tribunal of Commerce and that by it all questions of Mercantile law and usage might be cheaply and expeditiously disposed of. France is usually referred to in support of the feasibility of the scheme; but it seems to be overlooked, that the conditions of success there, were secured by the Revolution of 1789, through the then sweeping away of all the old landmarks of law; and by the subsequent introduction of the Code Napoleon, which directly provided for the present system. In Great Britain and its dependencies, the Commercial law has grown out of long custom, legalized by the decisions of the Courts and by various Acts of Parliaments and root and branch changes in it would be necessary before Tribunals of Commerce could be made to work. The idea however has been a favourite one at different times; and not very long ago, for instance, in Liverpool, where an intelligent and earnest body of men probed the question deeply; but every attempt to engraft these Courts on the Commercial system of Great Britain has only brought into strong light the almost insuperable difficulties that bar success. That fact seems now so generally recognized, that the question, the Committee believe, has died out at home; and in their opinion it is only as a Court of Arbitration, that this Chamber can be presently and practically useful to the Commercial Community in the adjustment of differences.
6
to those, Tamsui and Tai-wan-Foo, already opened by Treaty, had claimed the atten- tion of the late Committee just before their retirement from office. The correspon- dence commenced by them, and continued by your present Committee, appears in the annexed Appendices marked B; but there have been later modifications of the original plan therein specified, which have made Keelung, for Custom-house purposes, a de- pendency of Tamsui; and while laying down certain regulations for the control of vessels resorting to that port, have done away with bonds and passes in connection with it. The rules appended to the correspondence therefore, apply only to the South- en port of Takao, and the Committee have reason to believe, that the Baron de Meritens is at present endeavouring to introduce there an arrangement similar to that already in operation in the North, by making Takao a with a Custom-house establishment at the latter station. When that is done, there will dependency of Tai-wan-Fon, no longer be any necessity for exacting the securities at first proposed as the consider- ation for enlarging the field of trade in the Island of Formosa.
The Baron de Meritens deserves much credit for the sagacity, and breadth of view, shown by him in his efforts to open more widely the trade of China to Foreign enter- prize, and success at these new ports will encourage an extension (already contemi- plated,) of the system to importait stations on the Mainland.
On the appearance of the Blue Book on Affairs in China, laid before Parliament in January of the present year, it was found to contain the memorandum addressed to Earl Russell by Mr. H. N. Lay referred to in the Committee's Report to the Chamber of fast May. The document was evidently not meant for the eye of the parties assail- ed in it, but Lord Russell, as was to be expected, published it, and in doing so only did justice to the general commercial body in China. The Chamber of Commerce at Shanghai, and many of the firms specially accused by Mr. Lay of smuggling, have written in disproof of these charges, and in refutation of his hold and reiterated asser- tions of the existence of universal fraud on the part of the foreign community in their dealings with the Chinese Customs' revenue. in the memmorandum, many other questions of vital importance to foreign residents But it appeared to this Committee that, were advanced, in a manner unfavorable to their interests; and that the adoption of the whole of the paper by Mr. Under Secretary Layard in his place in Parliament, as an authoritative text book on all matters relating to foreign Commerce in Chine, made it incumbent on them to review these and other questions in a communication to the Secretary of State for Foreign affairs. They accordingly addressed on the 22nd ult. a letter to Earl Russell, which is now submitted to you and will appear in the appended correspondence as appendix, C.-The letter was enclosed (open) to Sir F. Bruce, for transmission to London; and a the Foreign Office. The Committee have only to add in explanation of the scope of duplicate of it was forwarded yesterday direct to their letter, that they framed it in the conviction that it is essential to a right under- standing with the Government of China, that the Treaty rights of foreign Consuls should be rigidly maintained—but that their judicial decisions, (whatever might be the grade of the deciding Officer) should not be final. suggested, would offer in their construction almost insuperable difficulties; but there Mixed Courts, which have been frequently is another description of Court, adverted to in the letter, and established at the present time in Turkey and Egypt, which might possibly be jutroduced with much advantage in China, in connection with the Supreme Court of Hongkong,
The Committee, in concert with the Shanghai Chamber of Commerce, have made arrangements for receiving from London a fortnightly telegram, to the latest date possible by each mail, The form of Message, and the letter to Mr. William Walkinshaw, one of your late Vice-Chairmen, requesting him to make suitable arrangements are marked
7
Din the appendices.The Shanghai Chamber have agreed to defray half the expense. The Contents will immediately on arrival be available to all Members of the Chamber; and it remains for them to decide now, whother other parties may be admitted to a knowledge of these telegrams, on payment of a subscription. The Committee trust that their action in this matter will meet the approval of the Members.
A scale of Maximum commissions has been prepared (see Appendix E) by the Com- mittee as applicable to the business of Hongkong, and as valuable for reference in disputed onses. It has been submitted to the consideration of all the Members, and several alterations having been suggested, they will have now to be settled, in order that the Table may be published under the sanction of the general body. The Com- snittee purpose constructing a similar scale of Warehouse Kent, Porterage, Boat hire &c., and, when prepared, it shall in like manner be circulated to all the Members.
The absence of all right of appeal from the judgments of the British Superintendent of Trade, in all suits between British subjects and other foreigners or Chinese, whether original or by appeal from the lower Consular Courts, has long been deemed a land- ship by Iler Majesty's subjects in China. The Committee therefore regarding with favor a suggestion to raise a fund, out of which pecuniary aid might be given to parties engaged in combating such restriction of Appeal, or in suits involving the assertion of principles of general importance to men engaged in trade in this Country, issued the Circular marked in the Appendix F, and handed a Copy to each Member. The pro- posal has already obtained the aproval of many of the Members, and a Deed of Agree- ment has been signed by them, engaging to the extent of the amounts severally sub scribed, to meet calls for pro rata contributions when required. The class of cases to which assistance may be given is subject to the discretion of the Committee; but they are bound by the conditions of the Deed to give full information to the subscribing parties. The Chamber of Comineree at Shanghai has raised a similar fund with the same objects.
The Committee submit now to your judgment various changes and amendments in the Rules of the Chamber, and in the Bye Laws subordinate to them, as set forth in Appendix II. It remains with this Mecting to adopt or reject these proposed altera- tions. The Committee believe that they will improve the constitution of the Society.
It may not be out of place here to notice an impression, more or less prevalent in Hongkong, that this Chamber might be elothed with the attributes of a Tribunal of Commerce and that by it all questions of Mercantile law and usage might be cheaply and expeditiously disposed of France is usually referred to in support of the feasi- bility of the scheine; but it seems to be overlooked, that the conditions of success there, were secured by the Revolution of 1789, through the then sweeping away of all the old land marks of law; and by the subsequent introduction of the Code Napoleon, which directly provided for the present system. In Great Britain and its dependencies, the Commercial law has grown out of long custom, legalized by the decisions of the Courts and by various Acts of Parliaments and root and branch changes in it would be necessary before Tribunals of Commerce could be made to work. The idea how- ever has been a favourite one at different times; and not very long ago, for instance, in Liverpool, where an intelligent and earnest body of men probed the question deeply; but every attempt to engraft these Courts on the Commercial system of Great Britain has only brought into strong light the almost insuperable difficulties that bar success. That fact seems now so generally recognized, that the question, the Committee believe, has died out at home; and in their opinion it is only as a Cont of Arbitration, that this Chamber can be presently and practically useful to the Commercial Community in the adjustment of differences.
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