George F. Seward to Wm. M. Evarts, March 16, 1880

No. 158. Mr. Seward to Mr. Evarts.

Sir: I have the honor to hand to you herewith a dispatch (No. 135, of 27th ultimo) which I have received from Mr. De Lano, reporting that the customs authorities at his port have notified by circular to the merchants there their intention to levy a tonnage due, or in lieu thereof, at the merchants’ option, a registration fee upon boats used in the lighterage of cargo in process of shipment or landing.

My colleague, Sir Thomas Wade, has received the same information from his consul at Foochow, and also from his consul at Chefoo.

My colleagues generally, before whom the subject has been placed by Sir T. Wade and myself, agree with us in the opinion that all such levies would be in contravention of the treaties. They agree with us also in the opinion that customs regulations generally should be promulgated by the direction of the central government and in a formal manner. One, at least, goes so far as to declare that he cannot consider any rules binding upon his countrymen which have not been communicated to him by the government and received his assent; while another declares that the practice of the Chinese in putting out at the ports rules affecting trade, regardless of a right construction of the treaties and with a view to hampering trade, is becoming inveterate, and should be met by opposition at the ports, and by claims for indemnity vigorously urged, in case they are put into operation notwithstanding such opposition.

My own view is that we cannot deny the right of the Chinese Government to make rules and regulations affecting all matters within their sovereignty, but that we may scrutinize all rules and regulations made or proposed by them which affect our nationals, and object to them if we find them in contravention of treaty stipulations, or suggest their withdrawal or modification if they appear burdensome and unnecessary.

Holding to this view, I think also that we may, without offense, endeavor to lead the Chinese to communicate to us in advance all such rules and regulations, in order that we may examine them and state in advance of their publication whether we should be likely to complain of them as in contravention of our treaties.

The question of principle involved is an important one, and has occasioned a great deal of discussion and unpleasant feeling both in this Empire and in Japan. I cannot doubt, however, the correctness of my own view. I have acted upon it ever since my arrival in this capital, and shall continue to do so unless instructed to the contrary by yourself.

In the present instance, after much controversy, it was agreed by the diplomatic body, as a preliminary step, to send an interpreter to the foreign office to inquire whether instructions sustaining the action of the Foochow and Chefoo customs had received the approval of the foreign office, and, if so, to ask about the occasion for the adoption of the system. The Chinese secretary of the British legation was deputed for the purpose, and has reported that the ministers appeared to know nothing of the matter, but said that they would inquire into it and communicate the result to the foreign legations.

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In view of the facts set forth above, I am addressing a circular letter to the several consuls, a copy of which I inclose.

I have, &c.,