CO129-147 - Public Offices - 1870 — Page 293

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diately secures. From a commercial code, derived from European systems of com mercial law, to a civil and criminal code, such as has been long adopted in Turkey in And this obtained, international Courts mixed cases, there is but a short step. for its administration with fixed rules of procedure, such as are now in conten- plation for Egypt by common consent, will follow in natural course, and prepare the way for either the modification or total abolition of extra territorial rights in China, and the gradual assimilation of two races in their laws and administration. This will remove, at the same time, one of the greatest obstacles to improved relations with the Chinese Government, and more free access to the interior.

13. Coal-mines are to be opened at Kien-yung, in Che-kiang, Lo-ping, on the Poyang Lake, and Kelung, in Formosa, with an understanding that they shall be efficiently worked, with the aid of foreign skill and machinery.

14. Two new ports are to be opened --Wen-chow, in exchange for Kiung-chow, in Hainan, which has never been thought worth opening; and Wuhu, on the Yang-tsze, between Chin-kiang and Kiu-kiang.

The first is equivalent to subsidizing a line of steamers between Foo-chow and It will Shanghae, both of which places desire a rapid and regular communication. also afford a ready exit for a kind of tea that reaches Foo-chow only after a long, circuitous, and expensive route; and it is the port of a comparatively wealthy and populous district.

The latter port is more especially valuable in connection with the arrangements marie for the collection of the transit dues at the port of entry, as it adds the Province of Anhui to the other eight maritime provinces, in which foreign textile fabrics are to pass free without any transit pass.

15. The right of transhipment at Hong Kong for the Chinese ports, so much desired by the British and foreign merchants, has been conceded

16. A rule has been framed, by which vessels trading to Batavia, Bangkok, Singapore, Malacca, and Penang, will share the privilege of only paying tonnage dues once every four months, now limited to vessels going to Japan, the Amour, Hong Kong, Manilla, and Saigon.

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17. It is agreed that the Customs shall draw up rules fixing the touch of sycee to be received on the payment of duties, by the bank, at each port, and thus deter- mine in some definite manner, in the absence of coinage, what relation local sycee bears to the Customs standard.

These are the chief concessions on the Chinese side; in return for which, additional rights and privileges beyond what has been secured by any antecedent Treaty, neither few nor unimportant, in my conception, it has been agreed that the following changes of Tariff, &c., shall take place:-

1. An increased rate of duty on opium and silk. On the first an increase from 30 to 50 taels per 100 catties, equivalent to an increase of 24 per cent, ad valorem. On silk, raw and thrown, a duty of 20 taels per 100 catties; on yellow silk from Szechuen 10 taels; making an increase of a little over 1 per cent, on both kinds (say 14), both still being taxed somewhat under the general scale adopted on the signature of the Treaties, of 5 per cent. ad valorem.

In both articles, opium and silk, considering their high value, so small an increase of duty is unlikely to diminish, by a single ounce, or in any sensible degree, the profits of those who deal in them.

2. Passports and transit papers are to be valid only for twelve months, and to be returned within thirteen. This merely gives authority for what has already been practised.

3. The right is conceded to China of appointing Consuls in the British dominions.

4. British merchant-vessels shall report to the Customs their port of destina- tion, and shall hand in export manifests when about to clear. The Treaty had not provided for this; and there is no reason for refusing it, as it entails no sacrifice on the merchant.

The principal points of the Convention, to which will be annexed supplementary rules and Tariff, as affecting the articles named, either for reduction or increase, have now een passed in review. Considering how much has been conceded by the Chinese, and how few and unimportant the changes which they have insisted upon in return, either on grounds of reciprocity, or expediency, I think it is a subject for congratulation that they have been so moderate in their demands, and rested content with so much less than they are well known to desire.

It is very true, that the utmost to be obtained from their concessions falls very

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far short of the demands and wishes of the Memorialists. Steam navigation on the inland waters, railroads, and telegraphs, rights of domicile inland, and the working of mines by foreigners, have all been refused as impracticable or inexpedient at present; and Her Majesty's Government have concurred in this view, and with- drawn all demands for any one of them. At the same time, several of the concessions made, tend in this direction, and, if used judiciously, will certainly prepare the way, at no distant period, for farther progress. I think that it is from this point of view their value will be most fairly tested.

On the other side, if we bear in mind the undisguised desire of the high authorities and of the whole body of educated Chinese, including the literati and gentry as well as the officials of every grade throughout the provinces for the restriction of foreign intercourses to the sea-board, if not, indeed, to a single port, as of old, and the withdrawal of any privileges which would only have been extorted at the cannon's mouth, and by superior force, I think they deserve some credit for their moderation during the present negotiations. The Tsungli Yamên did not indeed disguise their dislike to all the phases of extrat-erritoriality, the domiciliation of missionaries in the interior, the importation of opium, and the appointment of merchant Consuls; yet they have not pressed demands on any of these points, or sought to make concessions a condition of revision.

A right to appoint Consuls, which they may be very slow to exercise, and a trifling increase of duties on two articles that may yield them some additional Customs revenue, is about the sum of what they have rested content with. That these are neither unreasonable, nor in any sense inequitable, must, I think, be freely admitted; and I confess to a conviction that few European Governments would have contented themselves with so little in the revision of a Treaty containing much that was objectionable to them, more especially when expected to concede still more to the foreigner's advantage.

I shall be glad if you and my other colleagues concur in this view, which, in any case, I felt it to be due to all parties to submit, frankly and freely, for your appreciation.

After devoting the best part of two years to the discussion of the various questions at issue, and the endeavour, by friendly negotiations, to bring the Tsungli Yamên to see the expediency of changes favourable to the progress of trade and less restricted intercourse, I can only trust that, upon a review of the whole, the balance of advantages will appear to you, and to my other colleagues, such as to recommend the Convention for general acceptance.

You will, no doubt, hear from the Tsungli Yamên, and be invited to co-operate to that end, as soon as the instrument shall have been signed by the Prince of Kung and myself, it having been agreed that the High Contracting Parties shall mutually invite each of the Treaty Powers to promote, by their adhesion, its being speedily carried into execution.

I avail, &c.

(Translation.)

(Signed)

Inclosure 3.

RUTHERFORD ALCOCK.

The Tsungli Yamen to Sir R. Alcock.

October 23, 1969.

THE Prince of Kung, Pao, President of the Board of Revenue; Tan, President of the Board of Punishment; Wên, President of the Board of Civil Office; Tung, President of the Board of Revenue; and Chung, President of the Colonial Office, make a communication.

It is distinctly stipulated in the XVIth Article that the ratification of Conven. tion this day signed shall be exchanged in Peking,

It is also understood that effect shall not be given to the several Articles except with mutual consent, until a common understanding with the other Treaty Powers has been come to, that their respective subjects in becoming entitled to the rights and advantages therein conceded to British subjects, shall in like manner as these be bound by the conditions thereto attaching. And to promote this end, with the least possible delay, it has been agreed that each of the High Contracting Parties shall communicate the Convention to the other Powers, and invite their adhesion to its terms and conditions.

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