Rutherford Alcock to S. Wells Williams , United States Chargé d’affaires, August 22, 1868

Mr. Williams to Mr. Seward

Sir: I have the honor to transmit for your consideration, and to be submitted to Congress, the original and printed copy of a decree dated June 1, 1868, (inclosure A,) which I have made in conformity with the act of Congress, and which has received the approval of most of the consuls, and been duly published.

This measure of closing the cut-off near Nanking to all steamers navigating the Yangtsze river was proposed more than two years ago by Prince Kung, but owing to some informality nothing was done at the time. In January last he again urged it upon all the foreign ministers in a dispatch, (inclosure B,) wherein he stated the principal reasons for adopting it; but very injudiciously appended to his proposal the mode of punishing vessels offending against the rule. This addition would have involved a violation of treaty rights, and therefore could not be admitted, as I represented to him in my reply, (inclosure C;) but the desirableness of adopting the regulation on grounds of humanity was admitted by all. The masters and owners of most of the American and English steamers on the river, when inquired of, admitted the same also; and Messrs. Russell & Co., who have control of nearly one-half of the passage steamers, replied as follows when asked their views on the subject:

In accordance with, your request, we have made inquiries of the captains of the steamboats under our care, and the result is that we think there is reason in the proposition of the government to close it to foreign steamers. That the danger to native boats is exaggerated is quite possible, but the fact that the cut-off is the anchorage ground or port of Nanking seems clear, and the constant passage of steamers would be a great inconvenience to the native boats, to say, the least. We trust, however, that acquiescence in this instance will not lead to other cut-offs being closed where no valid and peculiar reason exists, for if so the navigation of the river would be much interfered with.

Mr. Sands, United States vice-consul at Chinkiang, while regarding the liberty to trade on the Yangtze as involving the right to use every part of its channel, still assented to the decree, “because the Straw Shoe channel is not necessary to the navigation of the river by steamers, and it is used by the native craft as an anchorage during stress of weather, such an anchoragc being very necessary to them, and steamers passing through the cut-off subject them to considerable damage in being thrown against each other by the swell made by the wheels of the steamers, although there has been but one case of collision in this channel since the river was opened between native craft and the steamers.”

Dr. Salter gives his reasons for declining to assent to the decree in his letter of July 2d, which, and my reply, (inclosures D, E,) furnish you with all that need be said, in addition to the above extracts, to explain the subject.

The question brought up in this decree involves a peculiar and novel feature in the international relations between China and the treaty powers, inasmuch as it is territorial, and not commercial or political. The limits of the open ports, and the privileges of access into the interior, with the rights growing out of them, have been arranged in conformity to treaty stipulations; but the treaties contain no provision enabling either party to limit or extend any territorial right conceded in them. The only legal way to reach the object in view, as it appeared to me, so as to make the regulation binding on American citizens, was to make the decree enforce a prohibition of the Chinese government over its own steamers. The British minister took the same view of it; and I now respectfully submit my action for your consideration.

I have the honor to be, sir, your obedient servant,

S. WELLS WILLIAMS.

Hon. William H. Seward, Secretary of State, Washington, D. C.

In order to show the action of the British minister, (but not making it a part of this dispatch,) I send a copy of his notification.

Notification.

British Legation, Peking.

Whereas, in consequence of collisions resulting in the loss of life and property having occurred between steamers and native craft in the channel commonly known as the Straw Shoe channel in the river Yangtsze, situated between the mainland and the island of Tsih-li-chan, called Tsau-hia on the admiralty charts, lying east of the city of Nanking, the Chinese government has thought proper to prohibit the use of this channel, extending from Theodolite Point to the eastern end of the island at Swallow Rock, to all steamers navigating the Yangtsze:

This prohibition is hereby publicly notified to British steam shipping; and it is hereby ordered that it shall be competent to the officers in charge of her Majesty’s consulates on the Yangtsze river to punish every infraction of the same by a fine of 100 taels; and in the case of collision, by the additional payment of full compensation for all injury done to the native shipping.

And the foregoing regulations, being hereby declared urgent, shall take full effect in one month after the date on which it shall have been affixed and kept exhibited in the public offices of the consular officers, and so remain in full force until disapproved by her Majesty, such disapproval to be signified and made public in the manner provided by section 85 of the said order in council.

Regulation for the consular courts of the United States, in China.

In pursuance of section 4th of the act of Congress approved June 22, 1860, entitled “An act to carry into effect certain provisions in the treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States in those countries, or for other purposes,” I, S. Wells Williams, charge d’affaires ad interim of the United States to China, do hereby decree the following regulation, which shall have the force of law in the consular courts:

Whereas, repeated complaints having been made of the danger incurred by the native shipping from steamers passing through the channel commonly known as the Straw Shoe channel, situated between the main land and the island of Tsih-li-chan, called Tsau-hia on the admiralty charts, lying east of the city of Nanking; and collisions having already occurred between them and the native craft constantly using this reach, resulting in loss of life and property, the Chinese government has seen proper to prohibit the use of this channel, extending from the Theodolite Point to the eastern end of the island at Swallow Rock, to all steamers navigating the Yangtsze river.

Now, therefore, in order to give full force and effect to this prohibition, be it known to all whom it may concern, that all steamers sailing under the American flag are forbidden to use or pass through the above-described Straw Shoe channel, and every infraction of this regulation will render the steamer liable to a fine of 100 taels, prosecutable in either of the consular courts of the United States on the Yangtsze river, or at Shanghai; and in case of collision to pay full compensation for all damages done to the I Chinese or their shipping.

[seal.]

S. WELLS WILLIAMS.

Legation of the United States, Peking, June 1, 1868.

Assented to.

[seal.]

GEORGE F. SEWARD, Consul General.

Shanghai, June 12, 1868.

Assented to.

[seal.]

JOHN A. T. MEADOWS, United States Vice-Consul.

Tientsin, June 6,1868.

Assented to.

[seal.]

CHAS. J. SANDS, Vice-Consul.

Chinkiang, June 19, 1868.

Assented to.

[seal.]

S. A. HOLMES, United States Vice-Consul.

Chefoo, June 8, 1868.

I cannot assent to the closing of this channel.

[seal.]

G. H. COLTON SALTER, United States Consul, Hankow and Kinkiang.

Hankow, July 2, 1868.

Assented to.

[seal.]

EDWARD C. LORD, United States Consul.