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6. I have recently been in communication with his Excellency the Governor of Hong Kong (copies of correspondence inclosed), in regard to a suggestion made by the Consul-General at Cauton that, with a view to bringing further pressure to bear on the Viceroy, the Hong Kong Government should withhold the friendly legislation they have hitherto extended to Canton,
His Excellency the Governor deprecates such action, except as a very last resort, and in this view both the British Minister and I concur.
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Should further action become necessary, the only course, short of forcible measures, would appear to be the further increase of our patrol. The arrival of His Majesty's ships "Kent," Bedford," and "Flora" at Hong Kong next month would make more men and picket-boats available for this purpose, and his Excellency the Governor has intimated his willingness to afford co-operation in the patrol. I am in hopes, though, that such action will not become necessary. If the payment of the "Sainam " claim can be satisfactorily arranged, and the Chinese patrol service is placed on a satisfactory footing, I am of opinion that our vessels may be withdrawn as each section of the waterways becomes safe for trade, and in this opinion His Britannic Majesty's Minister concurs. It is highly desirable that our vessels should be out of the rivers before the hot season sets in, as life in destroyers and torpedo-boats in these narrow waterways in the summer will be very unhealthy.
7. The question of the registration of British vessels at Canton, and their right to fly the red ensign, continues to be actively considered and inquired into.
Sir N. de Sausmarez, His Majesty's Judge of the Supreme Court at Shanghae, has just arrived here, and is proceeding immediately to Canton, where, by the British Minister's directions, be will investigate the legal aspects of the question, and discuss with Mr. Mansfield, the Consul-General, what steps should be taken to put the whole matter on a more legal and satisfactory footing. This question of registration was brought to their Lordships' notice in my previous submission of the 28th November last (Inclosure 6); I regard it as one of pressing importance. Whatever alterations in the present system may be finally decided upon, it is much to be hoped that the revised Regulations will in the future prevent any abuse of the British flag such as has undoubtedly occurred in the past.
I have, &c. (Signed)
Sir,
Inclosure 2 in No. 1.
A. W. MOORE,
Consul-General Mansfield to Admiral Sır A. Moore,
Canton, December 14, 1907. I HAVE the honour to inclose translation of a despatch received yesterday from the Viceroy on the subject of the extended patrol of the waterways. At a recent interview with the Viceroy's Secretary it was hinted that his Excellency was ready to grant "compassionate allowance," not only to Mrs. MacDonald, but also to the British subjects injured in the "Sainam" piracy, but that he demurred at paying the claim of the ship on the principle that there was no actual liability under Treaty to pay compen- sation. I pointed out that the liability was one recognized by civilized nations in similar circumstances, and quoted the claim of Chinese merchants for losses at Vladi- vostock, and that after all the actual losses of the ship only amounted to between 6,000 and 7,000 dollars. I am informed that the Wai-wu Pu have telegraphed to him to pay the "Sainam" claims so as to get rid of our extended patrol.
I cannot, however, vouch for the correctness of my information.
(Translation.) Sir,
I have, &c. (Signed)
B. W. MANSFIELD.
Inclosure & in No. 1.
Viceroy of Canton to Consul-General Mansfield.
Canton, December 13, 1907.
I HAVE the honour to acknowledge the receipt of your despatch transmitting the contents of a communication from the British Admiral, in which his Excellency states
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that the extended British patrol of the West River is simply a repetition of past precedent, and that this action has been forced upon him by the necessity of protecting C British commerce. His Excellency adds that he is fully aware that the prevention of piracy properly belongs to the internal administration of China, and that it was the knowledge of this fact which prompted him to suggest, first, that if the increased patrol were placed in the hands of the Customs the desired results might possibly accrue; and, secondly, that, concomitant with the gradual restoration of order, his patrol would be slowly withdrawn.
As regards the Saiuam" claims, his Excellency refers to the case of the chaplain of the "Glory," who was granted 3,000 dollars for injuries received, and quotes this in proof of the principle of compensation.
In reply to his Excellency's arguments, I have the honour to state that the permission granted to foreign war-vessels to visit Treaty ports of China is a privilege enjoyed by Powers who are in close amity with China, and depends upon the latter's consent. But I maintain that the extended patrol now instituted on the West River is an infringement of China's sovereign rights, and I adhere to this opinion, though I am assured by his Excellency that the British ships are only there to exercise a surveillance over British interests, launches, and to guard against the importation of arms, and that they will not interfere in matters which do not concern them.
But, more than this, a good deal of popular feeling has been roused by the Admiral's action, and if it leads to a disturbance the result will be disastrous to the interests of both countries. I have therefore the honour to request you to at once ask the Admiral to withdraw his patrol. Every effort is now being made to cope with the piracy danger, and to render it impossible for the local officials to evade their respon- sibilities. Stringent measures are being taken with the new troops to increase their effectiveness, and everything possible is being done to insure the safety of Chinese and foreign launches trading in the delta.
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The business of the Customs is to prevent smuggling. Smuggling and piracy are distinct from one another, and no good can result from confusing them. 3,000 dollars granted to the chaplain of His Majesty's ship "Glory" was in the nature 1 have of a compassionate allowance, and not compensation due for injuries received. already written to you expressing my willingness to make a charitable donation in the case of the murdered missionary, which is on exactly the same footing as that mentioned above.
In conclusion I have the honour to request you to communicate these remarks to his Excellency the Admiral.
(Card of Viceroy.)
Sir,
Inclosure 4 in No. 1.
Admiral Sir A. Moore to Consul-General Mansfield.
"King Alfred," at Hong Kong, December 17, 1907. I HAVE the honour to acknowledge the receipt of your letter of the 14th instant, inclosing a despatch from his Excellency Chang-jen Chun, in which he adheres to his opinion that the extended British patrol of the West River and Canton Delta is an infringement of China's sovereign rights, and states that every effort is now being made by him to cope with the piracy danger.
2. In reply, I request you will be so good as to inform his Excelleney that I am glad to learn that the provincial authorities are making a serious effort to render the Chinese patrol service effective.
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In regard to the extended British patrol I have nothing further to add to the views I have already expressed on that subject, and as regards the "Sainam' Case I have already informed his Excellency that a compassionate allowance was not asked for, but the recognition of the claim for compensation, which, I repeat, is a just and reasonable one. It only remains for me to add that if his Excellency will decide to settle that claim, and if he will carry out his proposed measures for the suppression of piracy, I will recommend to my Government that our additional patrol shall be gradually withdrawn as his Excellency's measures come into force.
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