Prince Kung to S. Wells Williams , United States Chargé d’affaires, January 3, 1868

Prince Kung to Mr. Williams

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

It appears that, at the port of Nanking, along the bank of the Yangtsze river, from the Ta-Shing custom-pass down to the end of the island of Kiangsin, and from Swallow Rock up to Theodolite Point, at the end of Tsih-ti-chan or Tsauhai island, there is a narrow passage or cut-off commonly called the Tsan-hiai-hiah, or Straw Shoe channel. It is, however, much used by native craft, among which are many salt-junks and tinder rafts. In the month of May, 1864, the American steamer Hukwang, belonging to Messrs. Russell & Co., in coming through this passage ran down a salt-junk; and the circumstances of this casualty were soon after made known to the foreign ministers at Peking, to ascertain if they were willing that a regulation should be made for preventing any such accidents in future.

In the month of May, 1867, another steamer was passing through the narrow channel, near the Kwanyin gate, and ran against several vessels of different sizes, which were injured or sunk and 18 persons thrown into the water.

On the 24th of August last this subject was again brought to the notice of the foreign ministers at Peking, with a request that they would instruct their consuls to see that the previous decision [about using the channel] was carried out, and that a regulation might be immediately issued by them to that effect, or, if possible, that a prohibitory notice to steamers not to use this channel be promulgated until the regulation should be decided on.

But it has been suggested that, if the rule now desired is to be deliberated on by the consuls, there will be a long delay, and a great deal of time unnecessarily lost before it can be all arranged. When the steamer Hukwang ran down the salt-junk, the United States authorities fined the captain 1,700 taels, besides making him pay a consideration of 100 taels for each of the three persons who were drowned at the time. But, in fact, it is incumbent on all foreign steamers to use the main channel of the river, and it is rather a freak than a necessity that they pass up this cut-off. The native junks and rafts are very sluggish in their movements, and cannot instantly weigh anchor, [when they see a steamer,] and thus the damages they receive are neither slight nor seldom.

The Foreign Office is in duty bound to do all it can to protect these vessels and the interests of their subjects, and they therefore now again bring this matter to the notice of your excellency, with the request that you would instruct the consuls to notify the American merchants and the captains of steamers [trading on the Yangtsze river] that they must henceforth keep to the main channel of the river in passing up and down, and not go through this narrow passage—the Straw Shoe channel—nor anchor in it, nor off the salt commissioner’s depot; and that whoever transgresses this regulation and goes through the channel, thereby injuring or sinking any native craft, or causing the death of any person, shall be obliged to recompense the sufferers for the fair value of all their property destroyed, and pay a consideration of 100 taels for every person injured in any way by the collision, and 200 taels as a compensation for every life destroyed. If a merchant or master of steamers thus offending thinks to preserve himself from the consequences of his conduct, and refuses to make just compensation, then it shall be permitted to the collector, acting in conjunction with the commissioner of customs, to detain the goods and the vessel as surety until full compensation be made.

The Foreign Office now therefore make known this plan to your excellency, as well as to all the other foreign ministers at Peking; and we shall instruct the superintendents of commerce for the northern and southern ports, and the inspector general, to the same intent; and we have to request that you will immediately transmit the necessary directions to the United States consuls, that they may make the same fully known to the merchants and captains of American steamers for their observance.

This will exhibit a desire to act impartially to all, and will moreover allay the fears of the native traders.