the foreign Representatives in Peking? Further, if such consent is necessary, will it be accorded in the present instance? It is on these two points that I have the honour to ask for your instructions.
As regards the first, I have been unable to find in the archives of this Consulate any definite ruling on the subject. Article 6 of the Revised Yang-tsze Regulations says, "Native craft owned or chartered by British merchants on entry into any port will pay port dues according to Chinese tariff," while the Chungking Agreement (Article 4) differentiates between foreign-owned and chartered junks, the former to pay tonnage dues according to Treaty, the latter port dues, as above stipulated. (I should here mention that there are at present no foreign-owned vessels plying between this port and Chungking.)
The Commissioner of Customs, with whom I have discussed the matter, is of opinion that the levy in question need not, and should not, be regarded as an increase in the port dues; that it should be considered as a special contribution made by all vessels using the upper river to an object in which they are directly interested; and that as long as a sufficient portion of the revenue derived from the Native Customs is devoted, in the terms of the Final Protocol, to the payment of the indemnity, no objection can be taken to the Chinese authorities levying an extra tax in the manner and for the purpose indicated.
His argument appears to me to be eminently reasonable, but, as a question of principle and of precedent, I venture to think that your consent is necessary to these fees being levied on vessels chartered by British firms at Ichang and Chungking.
Assuming this view to be correct, I would submit that, with certain reservations, the scheme proposed by the Chinese authorities might well be given a trial. It should be distinctly understood that, as the collection is to be in the hands of the Maritime Customs, that Department must have some, if not the whole, control over the expenditure. One might even go a step further and suggest that the Commissioner of Customs at Ichang, with the expert assistance at his disposal in the Coast Department, should direct the operations of the Pao Lu Chu. This arrangement was recommended by Lieutenant-Commander Watson, of His Majesty's ship Woodcock, in December 1901. (Hydrographic Department Reports No. 181, Yang-taze No. 2.)
It is, I venture to think, necessary to guard against the Chinese authorities prejudicing, by ill-considered and imperfect attempts at bridling the rapids of the Upper Yang-tsze, the Treaty right of foreign shipping firms to effect the necessary improvements themselves. On the other hand, we should, perhaps, do well not to discourage the somewhat new and unusual interest now being displayed by the local authorities in this important question.
I have briefly replied to the Taotai (copy and translation of my despatch inclosed) intimating that your approval is necessary before I can agree to any further fees being levied on chartered junks, and in conversation with Mr. Chang, the new Deputy, who has called on me, I have assured him that any practical scheme for the improvement of the waterways above Ichang will most certainly have the sympathy and support of the British Government.
Dr. Müller, the German Consul, has written to the Taotai in a similar sense.
I have, &c.
(Signed) HARRY H. FOX.
The special rate, if levied impartially, on native junks would appear to be within the province of the Chinese authorities.
E. H. FRASER.
Hankow, November 24, 1905.
(Translation.)
Sir,
(Signed)
Inclosure 2 in No. 1.
Chin Taotai to Acting Consul Ottewill.
Kuang Hsü, 31st year, 10th moon, 2nd day
(October 29, 1905).
THE rapid flow of the waters of the upper river is a constant source of danger to life, and, accordingly, vessels greatly dread the journey, owing to the fact that, the banks on both sides being precipitous, there is no room for a proper tracking path, so that trackers have the greatest difficulty in passing the dangerous places. Last year my predecessor, Yü Taotai, obtained permission from the high authorities to raise a fund (for the purpose of constructing a road), and, in conjunction with the Provincial Treasurer Li and a gentleman of Chiang Hsia, named Han, collected the money required. They appointed Chang Te Ping, late Department Magistrate of Kuei Chou, and others to place in thorough repair the tracking paths through the gorges. A year was spent in completing this work.
It is obvious that work of this kind, to be of any real value, must be continued and not allowed to drop; if these paths are not kept in good repair they will certainly not last, and the labour spent on them will be in vain.
Mr. Chang has therefore, in accordance with his instructions, drawn up a set of proposed Regulations, ten in number, whereby an Office, to be called Pao Lu Chu, is established at Ichang, and all vessels proceeding up-river, whether chartered by foreigners or native-owned, shall pay a fee based on the amount of their freight—viz., 2 cash per 1,000 (tiao) to be paid by the shipper, and 2 cash per 1,000 by the junk-master, the proceeds to be devoted to the annual upkeep of the tracking paths. As this proposal will affect chartered junks, he asks me to request the Consul to be good enough to instruct all owners of British chartered junks to pay in accordance with the above Regulations.
I am
I have the honour to observe that a levy of this kind is a worthy undertaking for the benefit of merchants, and, moreover, the subscription of 2 cash on every 1,000 cash worth of freight is extremely light. Knowing well the great interest you take in commercial matters, I am sure (the proposal) will meet with your approval. Addressing a similar despatch to the German Consul and the Commissioner of Customs, and I beg to inclose, for your information, a copy of the Regulations referred to.
I have, &c.
(Seal of Taotai.)
Sir,
Inclosure 3 in No. 1.
Consul Fox to Chin Taotai.
Kuang Hsü, 31st year, 10th moon, 20th day
(November 16, 1905).
I HAVE the honour to acknowledge the receipt of your despatch addressed to my predecessor, Mr. Ottewill, dated the 29th October, in which you state that, in order to maintain in good repair the tracking path through the gorges constructed last year, it is proposed to levy a small fee on all vessels, both foreign-chartered and native-owned, proceeding up-river. You add that for this purpose an Office named Pao Lu Chü will be established at Ichang, and you ask me to instruct British owners of chartered junks to subscribe in accordance with the Regulations, copy of which is inclosed.
I have the honour to observe that, all dues paid by foreign-owned and chartered vessels being regulated by Treaty and Agreements concluded between our respective Governments, I myself have not the power to consent or to withhold my consent to any additional levy being made; this is a matter for settlement between the Wai-wu Pu and the British Minister in Peking.
I am accordingly forwarding copy of your despatch and the proposed Regulations for the consideration of the Minister, and on the receipt of his reply I will again communicate with you on the subject.
The scheme of maintaining in good repair the tracking path through the gorges and providing capstans and hawsers at the most difficult points for the assistance of ascending vessels is undoubtedly a most excellent one, benefiting alike native and foreign merchants and travellers. If hereafter it is mutually agreed to raise funds for the purpose, the simplest way, in my opinion, would be for the Foreign Customs at Ichang to undertake the collection of subscriptions, on behalf of the Pao Lu Chu, as a temporary measure.
The Foreign Customs have for some years past collected all dues on both foreign and native shipping at this port, so that their so doing in the present case would on the one hand save expenses, and on the other be more likely to meet with the approval of the merchants concerned.
(Signed)
I have, &c.
HARRY H. FOX.
Page 199
2
the foreign Representatives in Peking? Further, if such consent is necessary, will it be accorded in the present instance ? It is on these two points that I have the honour to ask for your instructions.
As regards the first, I have been unable to find in the archives of this Consulate any definite ruling on the subject Article 6 of the Revised Yang-tsze Regulations says, "Native craft owned or chartered by British merchants on entry into any port will pay port dues according to Chinese tariff," while the Chungking Agreement (Article 4) differentiates between foreign-owned and chartered junks, the former to pay tonnage dues according to Treaty, the latter port dues, as above stipulated. (I should here mention that there are at present no foreign-owned vessels plying between this port and Chungking.)
The Commissioner of Customs, with whom I have discussed the matter, is of opinion that the levy in question need not, and should not, be regarded as an increase in the port dues; that it should be considered as a special contribution inade by all vessels using the upper river to an object in which they are directly interested; and that as long as a sufficient portion of the revenue derived from the Native Customs is devoted, in the terms of the Final Protocol, to the payment of the indemnity, no objection can be taken to the Chinese authorities levying an extra tax in the manner and for the purpose indicated.
His argument appears to me to be eminently reasonable, but, as a question of principle and of precedent, I venture to think that your consent is necessary to these fees being levied on vessels chartered by British firms at Ichang and Chungking.
Assuming this view to be correct, I would submit that, with certain reservations, It should the scheme proposed by the Chinese authorities might well be given a trial. be distinctly understood that, as the collection is to be in the hands of the Maritime Customs, that Department must have some, if not the whole, control over the expenditure. One might even go a step further and suggest that the Commissioner of Customs at Tchang, with the expert assistance at his disposal in the Coast Depart ment, should direct the operations of the Pao Lu Chu. This arrangement was recom- mended by Lieutenant-Commander Watson, of His Majesty's ship Woodcock," in December 1901. (Hydrographic Department Reports No. 181, Yang-taze No. 2.)
It is, I venture to think, necessary to guard against the Chinese authorities prejudicing, by ill-considered and imperfect attempts at bridling the rapids of the Upper Yang-tsze, the Treaty right of foreign shipping firms to effect the necessary improve- ments themselves. On the other hand, we should, perhaps, do well not to discourage the somewhat new and unusual interest now being displayed by the local authorities in this important question.
I have briefly replied to the Taotai (copy and translation of my despatch inclosed) intimating that your approval is necessary before I can agree to any further fees being levied on chartered junks, and in conversation with Mr. Chang, the new Deputy, who has called on me, I have assured him that any practical scheme for the improvement of the waterways above Ichang will most certainly have the sympathy and support of the British Government.
Dr. Müller, the German Consul, has written to the Taotai in a similar sense.
I have, &c. (Signed) HARRY H. FOX.
The special rate, if levied impartially, on native junks would appear to be within the province of the Chinese authorities.
E. H. FRASER.
Hankow, November 24, 1905.
(Translation.) Sir,
(Signed)
Inclosure 2 in No. 1.
Chin Tuotai to Acting Consul Ottewill.
Kuang Hsü, 31st year, 10th moon, 2nd day
(October 29, 1905).
THE rapid dow of the waters of the upper river is a constant source of danger to life, and, accordingly, vessels greatly dread the journey, owing to the fact that, the banks on both sides being precipitous, there is no room for a proper tracking path, so that
3
trackers have the greatest difficulty in passing the dangerous places. Last year my predecessor, Yü Taotai, obtained permission from the high authorities to raise a fund (for the purpose of constructing a road), and, in conjunction with the Provincial Treasurer Li and a gentleman of Chiang Hsia, named Han, collected the money required. They appointed Chang Te Ping, late Department Magistrate of Kuei Chou, and others to place in thorough repair the tracking paths through the gorges. A It is obvious that work of this kind, to be of year was spent in completing this work. any real value, must be continued and not allowed to drop; if these paths are not kept in good repair they will certainly not last, and the labour spent on them will be
in vain.
Mr. Chang has therefore, in accordance with his instructions, drawn up a set of proposed Regulations, ten in number, whereby an Office, to be called Pao Lu Chu, is established at Ichang, and all vessels proceeding up-river, whether chartered by foreigners or native-owned, shall pay a fee based on the amount of their freight-- viz., 2 cash per 1,000 (tiao) to be paid by the shipper, and 2 cash per 1,000 by the junk- master, the proceeds to be devoted to the annual upkeep of the tracking paths. As this proposal will affect chartered junks, he asks me to request the Consul to be good enough to instruct all owners of British chartered junks to pay in accordance with the above Regulations.
I am
I have the honour to observe that a levy of this kind is a worthy undertaking for the benefit of merchants, and, moreover, the subscription of 2 cash on every 1,000 cash worth of freight is extremely light. Knowing well the great interest you take in commercial matters, i am sure (the proposal) will meet with your approval. addressing a similar despatch to the German Consul and the Commissioner of Customs, and I beg to inclose, for your information, a copy of the Regulations referred to.
I have, &c.
(Seal of Taotai.)
Sir,
Inclosure 3 in No. 1.
Consul Fox to Chin Taotai.
Kuang Hsü, 31st year, 20th moon, 20th day
(November 16, 1905).
I HAVE the honour to acknowledge the receipt of your despatch addressed to my predecessor, Mr. Ottewill, dated the 29th October, in which you state that, in order to maintain in good repair the tracking path through the gorges constructed last year, it is proposed to levy a small fee on all vessels, both foreign-chartered and native-owned, proceeding up-river. You add that for this purpose an Office named Pao Lu Chú will be established at Ichang, and you ask me to instruct British owners of chartered
incluse. you janks to subscribe in accordance with the Regulations, copy of which
I have the honour to observe that, all dues paid by foreign-owned and chartered vessels being regulated by Treaty and Agreements concluded between our respective Governments, I myself have not the power to consent or to withhold my consent to any additional levy being made; this is a matter for settlement between the Wai-wn Pu and the British Minister in Peking.
I am accordingly forwarding copy of your despatch and the proposed Regulations for the consideration of the Minister, and on the receipt of his reply I will again com- municate with you on the subject.
and gorges The scheme of maintaining in good repair the tracking path through the providing capstans and hawsers at the most difficult points for the assistance of ascending vessels is undoubtedly a most excellent one, benefiting alike native and foreign mer- chants and travellers. If hereafter it is mutually agreed to raise funds for the purpose, the simplest way, in my opinion, would be for the Foreign Customs at Ichang to undertake the collection of subscriptions, on behalf of the Pao fu Chu, as a temporary measure.
The Foreign Customs have for some years past collected all dues on both foreign and native shipping at this port, so that their so doing in the present case would on the one band save expenses, and on the other be more likely to meet with the approval of the merchants concerned.
[1878 aa-1
-1]
(Signed)
I have, &c.
HARRY H. FOX.
B 2
199
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