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charge for freight which the existence of a local carrying monopoly would impose on the manufactures of the United Kingdom and the trade generally of Korea, or as to the unfavourable effect which the abandonment of the Coast Trade with Korea would not fail to exercise upon the course of future negotiations for the Revision of the existing Treaties with China and Japan.
The importance of the issues which are at stake in the maintenance of the provision that foreigners may share in the intermediate trade between the open ports, is not to be measured by the effect which the abrogation of that provision would have upon the interests of foreign shipping alone, extensive as those interests are.
If foreign vessels should be excluded from the Coast trade, foreigners would be practically shut out from all business, excepting at the ports which would have direct trade with foreign countries. Coasting freights under Chinese and Japanese flags alone, and the establishment of native guilds and monopolies which would follow the absence of competition in general business by other foreigners, would cause the control of the distributing traffic to pass into a few hands, and trade of all kinds, under the weight of exorbitant profits, would languish and decay. The evil effect of these monopolies may be understood when the stagnation of industry which prevails at the ports in China not open to foreign trade is compared with the activity and enterprise which are displayed by native merchants at the open ports, where they are exposed to competition with foreigners, and the Committee does not doubt that the maintenance of the progressive character of the external commerce and internal industry of China and Japan is very greatly dependent upon the possession by foreigners of the privilege of competing with natives for a share in the coasting traffic of these countries.
Article 7.—The extraordinary and apparently useless stipulation in this Article that subjects of Korea shall not be permitted to import Opium into any British port would necessitate a legislative enactment on the part of the Imperial Parliament, and the Committee is unable to understand how the prohibition, declared in the second clause, against the engagement of Foreign vessels other than British, is to be enforced, or offenders against it are to be punished, by any legislation which it is possible to devise on the part of the British Government.
Article 8. In the second clause, instead of the words "shall be confiscated," the Committee, for the reason already given in the case of vessels charged with offences, suggests the insertion of "may be seized and shall be liable to confiscation on satisfactory proof of intention to evade the prohibition being furnished to the British Authorities."
Article 9.—To the first clause there should be added "Fire arms and ammunition for sporting purposes or for purposes of self-defence may be imported under special permits describing the quantity, value and object of introduction."
Article 10.—In the second clause, after the words local Authorities, the words "on being satisfied as to the justice of the charge made" should be inserted.
Article 12.—while admitting that the Treaty is "incomplete in its provisions," nevertheless stipulates that it shall remain in force for five years. The Treaty with Japan provides that the "Regulations under which Japanese trade is to be conducted" may be "revised whenever it may be found necessary by Commissions appointed by each country" and a similar stipulation is to be found in the Chinese "Regulations." The Committee is of opinion that the term of five years, as arranged by the British Treaty, would not be too long provided that the covenants and engagements entered into on either side should be drawn up with carefulness and completeness by experienced negotiators.
Article 13.—does not provide as to whether the English or Chinese text of the Treaty is to be accepted in the event of a dispute as to the proper meaning of its provisions. The Committee suggests an addition to this clause of "the English version is to be considered the accepted text in case of dispute."
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156
Article 14.—The Committee regards the qualification of the ordinary "favoured Nation clause," admitted by this article in its last lines, with great distrust. Under that qualification the provisions of all Treaties with Korea will be liable to be set aside, or rendered nugatory, by the grant to one foreign nation of favourable conditions, in which it may be specially interested, in exchange for nominal concessions in which it has no interest at all, but which may be of vital importance to the trade of other countries having treaties with Korea. This qualification, if yielded to Korea, will probably be demanded by China and Japan, and be made use of in forcing the policy of the British Government in relation to the Treaties with these Powers to an extent which may not at present be foreseen.
The objection to this Article, as not being retrospective in its operation, has been already alluded to, and the Committee feels confident that Her Majesty's Government will not permit British subjects trading with Korea, or residing in the country, to be placed under disabilities from which natives of China and Japan are exempted.
No stipulation is to be found in the Treaty as to the currency in which Commercial operations are to be carried on, or in which duties are to be paid, and no provision is made for drawing up a detailed Tariff of Duties. No mention is made of any regulations as to the standard weights and measures to be used in trade between foreigners and natives.
The Committee desires to refer to the great importance of the issues which are at stake as its apology to your Lordship for the length at which the Provisions of the Treaty have been examined in this communication, and does not seek to disguise its expectation that sufficient cause has been shown why Her Majesty's Government should be asked to refuse ratification of that document in its present shape.
The Committee trusts that your Lordship will use the authority and influence of Great Britain to secure beyond question the recognition of the national independence of the Korean Kingdom, which is obviously threatened by the recent high-handed declarations and proceedings of the Chinese Officials, and will depute an experienced Diplomatic Representative to re-open communications with the Korean Government. It should not be difficult, in the light of the experience gained in China and Japan, to draw up an amended Treaty, under the wise and well-considered provisions of which not only would the people of Korea be admitted to the benefits of free Commercial intercourse with the rest of the world, and their rights and interests be fully protected, but the trade of the United Kingdom with that Country would be promoted and be placed on an equality of privilege with that enjoyed by other Nations.
I have the honour to be,
My Lord,
Your Lordship's most obedient humble Servant,
F. BULKELEY JOHNSON,
(Signed)
Chairman.
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charge for freight which the existence of a local carrying monopoly would impose on the manufactures of the United Kingdom and the trade generally of Korea, or as to the un- favourable effect which the abandonment of the Coast Trade with Korea would not fail to exercise upon the course of future negotiations for the Revision of the existing Treaties with China and Japan.
The importance of the issues which are at stake in the maintenance of the provision that foreigners may share in the intermediate trade between the open ports, is not to be measured by the effect which the abrogation of that provision would have upon the interests of foreign shipping alone, extensive as those interests are.
If foreign vessels should be excluded from the Coast trade, foreigners would be practi- cally shut out from all business, excepting at the ports which would have direct trade with foreign countries. Coasting freights under Chinese and Japanese flags alone, and the establish- ment of native guilds and monopolies which would follow the absence of competition in general business by other foreigners, would cause the control of the distributing traffic to pass into a few hands, and trade of all kinds, under the weight of exorbitant profits, would languish and decay. The evil effect of these monopolies may be understood when the stagnation of industry which prevails at the ports in China not open to foreign trade is compared with the activity and enterprise which are displayed by native merchants at the open ports, where they are exposed to competition with foreigners, and the Committee does not doubt that the maintenance of the progressive character of the external commerce and interual industry of China and Japan is very greatly dependant upon the possession by foreigners of the privilege of competing with natives for a share in the coasting traffic of these countries.
Article 7.-The extraordinary and apparently useless stipulation in this Article that subjects of Korea shall not be permitted to import Opium into any British port would neces- sitate a legislative enactment on the part of the Imperial Parliament, and the Committee is unable to understand how the prohibition, declared in the second clause, against the engage- ment of Foreign vessels other than British, is to be enforced, or offenders against it are to be punished, by any legislation which it is possible to devise on the part of the British Govern-
ment.
Article 8. In the second clause, instead of the words "shall be confiscated," the Com- mittee, for the reason already given in the case of vessels charged with offences, suggests the insertion of "may be seized and shall be liable to confiscation on satisfactory proof of inten- tion to evade the prohibition being furnished to the British Authorities."
Article 9.-To the first clause there should be added "Fire arms and ammunition for sporting purposes or for purposes of self-defence may be imported under special permits des- cribing the quantity, value and object of introduction."
Article 10.-In the second clause, after the words local Authorities, the words "on being satisfied as to the justice of the charge made" should be inserted.
Article 12,-while admitting that the Treaty is "incomplete in its provisions," never- theless stipulates that it shall remain in force for five years. The Treaty with Japan provides that the "Regulations under which Japanese trade is to be conducted" may be "revised whenever it may be found necessary by Commissions appointed by each country" and a similar stipulation is to be found in the Chinese "Regulations." The Committee is of opinion that the term of five years, as arranged by the British Treaty, would not be too long provided that the covenants and engagements entered into on either side should be drawn up with carefulness and completeness by experienced negotiators.
Article 13,-does not provide as to whether the English or Chinese text of the Treaty is to be accepted in the event of a dispute as to the proper meaning of its provisions. The Committee suggests an addition to this clause of "the English version is to be considered the accepted text in case of dispute."
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156
( Article 14.—The Committee regards the qualification of the ordinary "favoured Nation clause," admitted by this article in its last lines, with great distrust. Under that qualification the provisions of all Treaties with Korea will be liable to be set aside, or rendered nugatory, by the grant to one foreign nation of favourable conditions, in which it may be specially in- terested, in exchange for nominal concessions in which it has no interest at all, but which may be of vital importance to the trade of other countries having treaties with Korea. This qualification, if yielded to Korca, will probably be demanded by China and Japan, and be made use of in forcing the policy of the British Government in relation to the Treaties with these Powers to an extent which may not at present be foreseen.
The objection to this Article, as not being retrospective in its operation, has been already alluded to, and the Committee feels confident that Her Majesty's Government will not permit British subjects trading with Korea, or residing in the country, to be placed under disabilities from which natives of China and Japan are exempted.
No stipulation is to be found in the Treaty as to the currency in which Commercial operations are to be carried on, or in which duties are to be paid, and no provision is made for drawing up a detailed Tariff of Duties. No mention is made of any regulations as to the standard weights and measures to be used in trade between foreigners and natives.
The Committee desires to refer to the great importance of the issues which are at stake as its apology to your Lordship for the length at which the Provisions of the Treaty have been examined in this communication, and does not seek to disguise its expectation that sufficient cause has been shown why Her Majesty's Government should be asked to refuse ratification of that document in its present shape.
The Committee trusts that your Lordship will use the authority and influence of Great Britain to secure beyond question the recognition of the national independence of the Korean Kingdom, which is obviously threatened by the recent high handed declarations and proceed- ings of the Chinese Officials, and will depute an experienced Diplomatic Representative to re-open communications with the Korean Government. It should not be difficult, in the light of the experience gained in China and Japan, to draw up an amended Treaty, under the wise and well considered provisions of which not only would the people of Korea be admitted to the benefits of free Commercial intercourse with the rest of the world, and their rights and interests be fully protected, but the trade of the United Kingdom with that Country would be promoted and be placed on an equality of privilege with that enjoyed by other Nations.
I have the honour to be,
My Lord,
Your Lordship's most obedient humble Servant,
F. BULKELEY JOHNSON,
(Signed)
Chairman.
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