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APPENDIX C.
EXTRACT FROM LORD PALMERSTON'S DESPATCH OF INSTRUCTIONS
TO SIR HENRY POTTINGER, DATED LONDON, 31st MAY 1841.
Her Majesty's Government have reason to suppose that Hong Kong has been ceded with the condition that British and other Foreign Merchandize imported into Hong Kong should there pay to Chinese Custom House officers the usual and established Import duties which such goods would pay upon being imported into China; and that such duties having been so paid, and the Merchandize being duly stamped by the Chinese Custom House officers at Hong Kong, there should be full liberty to all Persons to carry such Merchandize away to any Port in China, without its being liable to any further payment in such Ports or elsewhere on account of Import duty.
Such an arrangement would no doubt be anomalous in as far as it involved the presence of Chinese Custom House officers, and the collection of Chinese Customs Duties, in a Possession of the British Crown; and moreover there might be some difficulty in practically carrying into execution that part of the arrangement which would exempt such goods from any subsequent payment in a Chinese Port. But there are similar instances in Europe of Duties collected in the Territory of one Power by the agents of another Power. The Transit Duties which Shipping and Goods going up the Scheldt are liable to pay to the Dutch Government, are collected not at Flushing, but at Antwerp, by Dutch agents stationed in that Belgian Town.
The Duties which the Hanoverian Government levies upon Shipping and Goods passing by the Fort of Stado in their way up the Elbe, are levied not at Stado or Brunhausen, but by a Hanoverian agent in the City of Hamburgh: and a plan has for some time past been under discussion between Denmark and other Powers, by which, if it were adopted, the Tolls which Denmark is entitled to levy upon Ships and Merchandize passing the Sound, would be levied not at Elsinor but in the several Prussian, Russian, and other Ports in the Baltick, by Danish Agents stationed at those Ports for such purpose.
It is possible that British Commerce might be much encouraged, if Goods which had once been landed at Hong Kong, could be carried from thence to any Chinese Port without being liable to any further payment on account of Duty; and the Chinese Custom House officers in Hong Kong would be less likely than the Chinese Authorities at other Ports to attempt to levy exorbitant and illegal Duties. But whatever arrangements you may succeed in making with the Chinese Plenipotentiary, those arrangements must be embodied in a Treaty, to be signed by yourself and by the Chinese Plenipotentiary, in the name of your respective Sovereigns; and to be afterwards ratified by each Sovereign; and you should obtain a formal announcement of the ratification of the Treaty by the Emperor of China before you can consider the Treaty as valid, and before you send it Home for the Ratification of Her Majesty.
(Reprinted from Morse: "International Relations of the Chinese Empire,” Vol. 1, pp. 657, 658. File also Enclosure No. 1 in 1.G. Circular No. 418, Second Series, )
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APPENDIX D.
PROCLAMATION BY SIR HENRY POTTINGER FORBIDDING SMUGGLING.
His Excellency Sir Henry Pottinger, Bart., G.C.B., Her Britannic Majesty's Plenipotentiary, and Chief Superintendent of the trade of British subjects in China, issues this proclamation, in the name, and in behalf of Her Majesty the Queen, and the Government of Great Britain, &c., with the view of making fully known, the sentiments of deep regret, and unmitigated dis- approbation under which he was obliged to address the communication, of which an English version is annexed, to His Excellency the Viceroy of the Two Kwang provinces, on the 13th of this month,
As at present informed, it is impossible for Her Majesty's Plenipotentiary, &c., to particularize, either the firms or individuals, or even the countries to which they belong, who have, with the connivance of the Chinese custom-house officers, entered into this shameless and disreputable system of wholesale smuggling, a system which, were it overlooked and permitted, would not only speedily sap and destroy the existing foundations of all legal traffic, but would render absolutely nugatory every exertion and arrangement that may be made, or may be attempted to be made, to put such legal traffic, on a firm, regular, and respectable footing. Her Majesty's Plenipotentiary anticipates, however, that he may, at a future period, have it in his power to make known the names of those individuals, in order that-whatever be their country-they may be held up to the public estimation they merit, and which it would be superfluous to designate.
Her Majesty's Plenipotentiary can only lament, that at this moment, his power to check these reprehensible proceedings, so far as British aubjects are concerned, is not equal to his wish, but he trusts, that on the expected arrival of the Imperial Commissioner (successor to Ilipu) means will be devised by that high officer, in concert with the provincial authorities of Canton, to bring all parties (whether foreigners or Chinese) to account for their share in the transactions which have led to this proclamation; and the Plenipotentiary hereby intimates, beforehand, that he will as far as may be legal, aid and advise the Chinese officers in whatever measures they may adopt to eradicate the evils herein denounced, and specially towards removing all British smugglers, and their vessels and boats from the river of Canton. His Excellency further intimates that such smugglers and their boats and vessels will not receive protection in the harbour or waters of Hong Kong. God Save the Queen.
Dated at the Government House, at Hong Kong, this 15th day of April, 1843.
HENRY POTTINGER,
H.M.'s Plenipotentiary.
(Reprinted from The Chinese Repository, Vol. XII, 1848, p. 224.)
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