Chester Holcombe to Evarts, November 12, 1878

No. 100. Mr. Holcombe to Mr. Evarts.

Sir: Recurring to Mr. Seward’s several dispatches concerning the conservation of the river and harbor at Shanghai, and more especially to his No. 371, bearing date December 29, 1877, which covered a set of rules agreed upon between the Chinese foreign office and the several legations here, and having for their object the protection of the harbor named, I now have the honor to submit for your consideration copies, in French and English, of a correspondence which has taken place concerning these rules between the consular body and the Chinese authorities at Shanghai, between the consular body and the diplomatic corps here, and between the last named and the foreign office.

From this correspondence it appears that, as provided for in the third article of the regulations in question, the consular body delegated certain of their number to co-operate with the harbor-master and the Chinese authorities in carrying the rules into effect. This delegation consisted of the consuls for Austria, France, and Great Britain. At their first meeting, held June 19 last, it was agreed to propose that the harbor-master’s jurisdiction be extended beyond the limits fixed in rule 2, and be enforced from Woosung to the Lunghwa Pagoda.

This proposition was in due course laid before the intendant of customs for his indorsement. While agreeing to the proposed extension of the limits down the river to Woosung, he objected to their extension up the stream to the Lunghwa Pagoda, and also to the application of the rules to what is known as the “Pootung side” of the river, opposite to the Chinese city and suburbs. It should be said that the objections of the Taotai cover those portions of the harbor which are given up mainly or exclusively to the anchorage of Chinese junks, and his intention would seem to be to prevent the application of the rules to native shipping. After some discussion, the intendant referred the matter at issue to the southern superintendent of foreign trade—the viceroy at Nanking—who sustained him in his objection to the extension of the harbor-master’s jurisdiction up the river, and its application to the shore opposite the Chinese city and suburbs, and directed him also to withdraw his consent to its extension down to Woosung. Thereupon the consular body referred the matter to the foreign representatives here.

After consideration of the subject, we requested the French minister, as doyen of the diplomatic corps, to inform the senior consul at Shanghai that, although the proposed extension is eminently desirable, yet the moment did not seem opportune, and it would have been better to have avoided all pretexts for opposition upon the part of the Chinese authorities, and to recommend them to confine their action strictly within the terms of the provisional rules in question.

Mr. Brenier was also requested to address Prince Kung, in the name of himself and his colleagues, in order to secure the issue of instructions to the viceroy at Nanking, to carry into operation the rules as originally agreed to.

The answer of the foreign office is decidedly non-committal, and it is by no means certain that the local authorities at Shanghai will consent to the enforcement of these rules upon all persons and all craft within the area originally defined.

As native shipping is responsible for a full share of the abuses which have led to the deterioration of the harbor at Shanghai, it maybe a question whether anything practical will be gained by the application of the rules to foreign vessels and over a portion of the specified area, unless they can be enforced upon both classes alike, and without modification or exception.

Asking your approval of my action in this business, I have, &c.,

Mr. Luder, Consul-General for Germany and Chief of the Consular Body, Shanghai:

Previous to his departure for Shanghai Mr. de España handed me your letter of 26th August, ultimo, with various documents relating to an arrangement concluded in Pekin between the diplomatic corps and the Tsung li Yamên relative to the port of Shanghai.

At the time all my colleagues were absent staying at their temples, and his excellency the Peruvian minister knew nothing of the matter at issue, so it was impossible to ascertain the views of any of my colleagues on the subject. It is these untoward circumstances that have caused the delay in making the answer which, as temporary chief of the diplomatic body in Pekin, I am charged to make.

If we have well understood your letter of the 20th August to his excellency Mr. de España, and to which was annexed a translation of a third copy of despatch, which the Shanghai Taotai had addressed to Mr. Boleslawski concerning provisional rules relating to the port of Shanghai, the governor-general at Nanking is opposed not only to the execution of article 2 of the provisional rule, above that part of the river opposite the Chinese city and suburbs, and which is marked on the plan which you addressed the chief of the diplomatic body as No. III, but he also objects entirely to article 2 of provisional rules which place this portion III under the orders of the harbor-master.

This article 2 being perfectly clear and precise, the diplomatic corps have unanimously addressed a verbal note to the Tsung li Yamên with the request that the yamên insist that the viceroy at Nanking should respect and execute this rule, which His Imperiei Highness Prince Kung, by his letter of 31st January, 1878, proposed to ratify if we approved.

In regard to the extension of the provision of rules over the parts I to IV, the diplomatic corps is of the opinion that the consular body at Shanghai would have done better and avoided all pretext for opposition on the part of the Chinese authorities, if they had not sought to accomplish what the diplomatic corps itself recognizes as eminently desirable— i. e., the extension of the rules in question over the parts I to IV.

It seems desirable, therefore, to recommend that the consular body at Shanghai should, for the moment, confine their action strictly within the terms of the provisional rules in question.

Please accept, sir, the assurance of my most distinguished consideration.

His Imperial Highness Prince Kung and their excellencies the members of the Tsung-li Yamên:

On the 31st January, 1878, Your Imperial Highness Prince Kung honored each member of the diplomatic body with a letter containing certain provisional rules, proposed by Mr. Hart, inspector-general of imperial maratime customs, relating to the port of Shanghai.

The letter of Your Imperial Highness ended thus:

“This is the communication which we have received from Mr. Hart; all of which has for its object the conversation of the river and the port of Shanghai, is for general interest of commerce and merchants.”

I inclose a copy of the rules mentioned, and pray your excellency to communicate them, if it be approved by you, to the consuls of your nation to the end that they may be obeyed. I wait a telegram from your excellency.

We severally addressed replies to His Imperial Highness approving the provisional rules in question, and we inform Your Imperial Highness that we had communicated these rules to our consuls and instructed them to conform themselves to them.

The diplomatic corps deeply regret to inform Your Imperial Highness and your excellencies that, according to the reports we have received from our consuls at Shanghai, who have addressed us after some months, it results that his excellency the Viceroy of Nanking objects, as required by article 2 of the provisional rule, to placing the part of the river situated in face of the Chinese city and its suburbs under the authority and control of the harbor-master.

The terms of article 2 bear but one interpretation, and we request from Your Imperial Highness and your excellencies permission to reproduce it.

“Article 2. The authority and control that the harbor-master can exercise can be extended, and it is defined by the present rule to extend over that part of the river that faces the Chinese city, its suburbs, the foreign concession, and the Souchow Creek embraced in these concessions.”

The diplomatic corps, therefore, beg that Your Imperial Highness and your excellencies will instruct the viceroy at Nanking to respect this provisional rule, as proposed to the diplomatic corps at Pekin by Your Imperial Highness.

To L. L. E. E., the Members of the Foreign Board:

The Doyen of the diplomatic body has the honor to acknowledge receipt of the Yamên’s memorandum sent him yesterday, in response to one forwarded on the 19th of this month by Mr. Dévéria, and he is requested by the several members of the diplomatic body to address the following remarks to the foreign board.

The diplomatic body has not requested the extension of article 2 of the provisional regulation proposed to be adopted by His Imperial Highness Prince Kung, but simply claim the execution of the second article of this regulation, which was produced in its entirety, in order to avoid all misconception.

Regarding the opinion of the acting inspector-general of customs, transmitted to us by the foreign board, there remains but to inform the Yamên, that had this agent of the Chinese Government been better informed he would have known that the Doyen of the diplomatic body in the name of his colleagues had, in the early part of the month, addressed the consul-general for Germany, Doyen of the consular body at Shanghai, requesting him to conform strictly to the terms and limits fixed by the second article of the provisional rules in question.

The Doyen of the diplomatic body has therefore again the honor to pray in his own name, as well as in those of his colleagues of the diplomatic corps in Pekin, that the Tsung-li Yamên will instruct the viceroy at Nanking to execute the provisional rules as proposed to the diplomatic corps at Pekin by His Imperial Highness, Prince Kung.