CO129-373 - Public Offices - 1910 — Page 60

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Enclosure 1 in No. 1.

Wai-wu Pu to Mr. Max Müller.

July 22, 1910. Sir,

WE have the honour to inform you that the Viceroy of Szechuan telegraphs as follows:-

"In July and August of 1909 the British and German gunboats procceded into the interior to Chiating, and representations were made that they should be ordered to return to Chungking. This year the German consul personally told me that the German gunboat would not proceed (up-river). But, on the other hand, the British gunboat Woodcock' is now again anchored at Chiating. I have remonstrated with His Majesty's consul-general, but he replies that in August last year instructions were received from His Majesty's Minister that he should act in accordance with article 52 of the Tien-tsin treaty, which states that British ships of war coming for no hostile purpose shall be at liberty to visit all ports within the dominions of the Emperor of China. I argued the matter frequently with him, but the consul states that he has no The British Minister should therefore be requested to power to decide in this case. instruct the gunboat to return to Chungking."

We have the honour to observe that although article 52 of the Tien-tsin treaty permits British ships of war to visit all ports in China, yet places on the inland waterways are not treaty ports, and if foreign gunboats suddenly proceed thither their visit is sure to cause alarm and suspicion among the inhabitants, and it is to be feared lest a feeling of hostility should spring up.

We have the honour to request that you will therefore instruct the gunboat to return immediately to Chungking.

Awaiting the favour of a reply, we avail, &c.

Your Highness,

Enclosure 2 in No. 1.

[Ministers of the Wai-wu Pu.]

Mr. Max Müller to Wai-uu Pu.

July 25, 1910.

I HAVE the honour to acknowledge the receipt of your Highness's letter of the 22nd instant on the subject of His Majesty's ship "Woodcock's" visit to Chiating on the Upper Yang-tsze, and requesting that instructions should be sent for her immediate return to Chungking.

I have the honour to observe that in August last year, when the question of the rights of His Majesty's ships to navigate inland waters in China was raised, His Majesty's Minister instructed the acting British consul-general at Chengtu that His Majesty's Government held that, in accordance with article 52 of the treaty of Tien-tsin, British warships have the right to visit all Chinese ports, whether open by treaty to foreign trade or not.

His Majesty's Secretary of State for Foreign Affairs having subsequently approved the instructions then issued by Sir John Jordan, I regret that I am unable to agree to the request made by your lighness's board and the Viceroy of Szechuan, that His Majesty's ship "Woodcock" be ordered to return immediately to Chungking.

I avail, &c.

W. G. MAX MÜLLER.

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Enclosure 4 in No. 1.

Lieutenant Leith to Rear-Admiral Lyon.

H.M.S."Moorhen" at Liu Kong Hui, June 27, 1910.

Sir,

I HAVE the honour to report that the Governor of Kwangsi has sent to the British consul-general at Canton a two-fold complaint: first, that a British gunboat visited an unopened port, to wit Liau Chau Fu, without permission, and, second, made a long stay there, although asked by the officials to go away.

In my report of the cruise of His Majesty's ship "Moorhen," written before I heard of this, I have, I think, explained what actually happened.

I now have before me a communication from the consul at Wuchow, in which it

is stated that he has received an official protest from the Chinese authorities against His Majesty's ship "Moorhen" visiting such ports as Nanning or Pose; his reply, to which I quote verbatim :-

Article 52 of the Tien-tsin treaty reads—

"British ships of war, coming for no hostile purpose or being engaged in the pursuit of pirates, shall be at liberty to visit all ports within the dominions of the Emperor of China, and shall receive every facility for the purchase of provisions, procuring water, and, if occasion requires, for the purpose of repairs. The commanders of such vessels shall hold intercourse with the Chinese authorities on terms of equality and courtesy."

In correspondence on the subject of the navigation of the Poyang Lake by British gunboats, in which the circumstances are similar, His Majesty's Government held that the clause quoted meant that British men-of-war were at liberty to visit any port whatever.

In a memorandum dated the 29th May, 1908, Vice-Admiral Sir H. Lambton stated, with reference to a gunboat which had been stopped by the Chineses military authorities when entering the Poyang Lake: "The movements of gunboats are not to be affected by the verbal protests of the local Chinese authorities."

Under these circumstances, I submit that I may be given renewed authority to proceed with the remainder of my cruise, observing that the French gunboat Vigilante" is proceeding to Nanning, and thence to Lung Chau, without, as far as I can ascertain, any objection being raised.

I have, &c.

GEORGE LEITH, Lieutenant and Commander,

Senior Naval Officer, West River.

17 to

Commander-in-Chief,

SUBMITTED. On receipt of this letter I telegraphed to the "Moorhen proceed on the cruise to Nanning and Pose, as I see no reason for detaining her, the article in the Tien-tsin treaty being so clear.

I would submit that the attention of His Majesty's Minister at Peking be called to this incident.

As regards the "Moorhen's" visit to Liau Chau Fu, this is fully dealt with in the letter of proceedings from that ship dated the 15th June (Commodore's minute No. 46 of the 3rd July, 1910).

H. LYON, Rear-Admiral.

Enclosure 3 in No. 1.

Sir,

Vice-Admiral Sir A. Winsloe to Mr. Mux Müller.

July 16, 1910.

I HAVE the honour to forward, for your information, the accompanying copy of correspondence concerning a protest made by the local Chinese authorities against the visit of His Majesty's ship" Moorhen" to Nanning and Pose, observing that I concur in the action taken by the commanding officer of the "Moorhen" and the Rear- Admiral in Charge, Hong Kong.

I have, &c.

L. WINSLOE.

July 5, 1910.

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