Frederick F. Low to Prince Kung, February 1, 1873
Mr. Low to Prince Kung.
Sir: I have had the honor to receive from their excellencies, the ministers of the yamên, a note concerning a question which has been the subject of discussion between the yamên and the foreign legations—the transshipment of munitions of war within the iimits of a treaty-port.
The ministers, after referring to former discussions on this subject, and certain propositions which proved unacceptable, now propose that munitions of war entering a Chinese port, when in transitu to a foreign country, may be reshipped under certain conditions and sent on to their destination.
In reply, I have to inform your imperial highness that the rules proposed will generally answer the purpose. Cases may, however, occur in which a strict enforcement of the conditions would work injustice.
The penalty prescribed for violations of the regulations is excessive, and might, with great propriety, be reduced. On that point, however, I shall offer no serious objection. If the honest merchant can be protected from liability arising from unforeseen circumstances, no objection will be made to the infliction of severe penalties in cases where fraud can be proven.
I am, therefore, prepared to accept the yamêns’ proposal with this reservation: When, in any given case, it shall be made to appear to the consul that, in consequence of exceptional circumstances, it was impracticable to complete the transshipment within the time named in the permit, and that no fraud or collusion has been practiced or attempted, proceedings to enforce the bond given in the case shall not be instituted until the facts are made known to the minister in Peking, and orders to that effect have been received from him.
It must also be clearly understood that if now, or at any time hereafter, more favor able terms are granted to the merchants of any other nation, citizens of the United States shall enjoy the same advantages.
I may add that if the yamên mean to assert that the arrangement proposed is a concession entirely outside of the treaty, which may be granted or withheld at pleasure, such a declaration cannot be accepted as a correct interpretation of treaty right. In my view the bringing of contraband goods, when in transitu to a foreign country, into a treaty-port for the purpose of transshipping them to their destination, does not constitute an “import” or “export” in any proper sense, and therefore is not prohibited by treaty.
I have, &c.,