Prince Kung to George F. Seward, January 12, 1880

Prince Kung to Mr. Seward.

Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication.

In the matter of the rules for the conservation of the harbor at Shanghai, Mr. Holcombe, secretary of the legation of the United States, came to this office December 7, 1879, to inquire of the ministers whether they had anything to propose regarding the enforcement of the rules adopted in January, 1878, or anything to suggest which they might desire to communicate to the diplomatic body, &c.

The ministers handed to Mr. Holcombe a draft of sixteen new rules which provide for the conservancy of the Upper Whangpoo River, above the foreign concessions, and place this part of the river under the jurisdiction of a harbor office and a deputy, requesting Mr. Holcombe to communicate them to the diplomatic body for its information.

I beg leave now to remark that the Whangpoo is a river under the sovereignty of China. Lying beside the foreign concessions, it must still be held to be outside of those concessions. In reference to section II of the rules adopted in January, 1878, which stipulates that “the authority and control of the harbor master, as hereinafter denned, extend to that part of the river opposite to the city, the suburbs, and the foreign settlements, and to that part of Loochow Creek between the settlements, &c.,” it would appear that the provision of the sixteen new rules which places the Whangpoo River above the foreign concessions under the control of a deputy and a harbor office is a modification for the better.

With this exception, the necessary instructions will be given by me to put into operation all the stipulations of the rules of January, 1878.

Although the harbor deputy and the harbor master have separate areas of jurisdiction, they will still consult together and act in concert as occasion may require.

I have reached a decision in this business as indicated above. But as these matters affect the interests of both Chinese and foreign merchants and people, I have thought it my duty to furnish your excellency with a copy of the sixteen rules for your information, and request the favor of a response.