The ministers of the Yamên to Frederick F. Low, January 21, 1873

The ministers of the Yamên to Mr. Low.

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In the month of August the inspector-general reported that the enforcement of the rule as proposed would work great hardship to the merchants, whereupon we directed him to reconsider the whole matter, and suggest some new plan. In response to this, Mr. Hart reported, on the 3d January, 1873, as follows:

“By treaty merchants are prohibited from importing or exporting munitions of war for sale; but the bringing of such goods into a treaty port for transshipment is not, properly speaking, either an import or an export; it is therefore proposed to allow them to be transshipped under the following conditions: When a vessel, having munitions of war on board, enters a treaty-port, the consignee must report the fact, and also that they are intended to be transshipped.

“And the consignee of the goods in question must, before making application for a transshipment certificate, enter into a bond to be executed before his consul, binding himself to transship the goods within a number of days hereinafter named, or to forfeit three times their value.

“The time within which transshipment must be made will be fixed by the commissioner of customs, not to exceed, however, in any event, fifteen days. No contraband goods must be landed; and the customs will take such precautions as may be necessary to prevent fraud in transshipment. Whenever an invoice of such goods shall have left the port, the bond in such case shall be cancelled and surrendered.

“In case the goods are to proceed to their destination in the same ship, the consignee of the vessel must, previous to obtaining permission to break bulk, give the bond provided for above.”

The yamèn finds the propositions of the inspector-general equitable and proper; the only thing to consider is the question of time. The commissioners of customs should take the circumstances of each case into consideration and decide upon the time necessary for transshipment; it must not exceed, in any event, fifteen days.

Having issued instructions in accordance with the foregoing to the superintendents of trade and the inspector-general, we now beg your excellency to instruct the consuls that the above rules are iu force and must be complied with.

It must be borne in mind that according to the treaties, munitions of war cannot be imported or dealt in within the limits of the empire. Heretofore this prohibition has been strictly enforced. With a view, however, of facilitating commerce, the foregoing rules have been laid down by which contraband goods may be brought into a Chinese port when in transitu to a foreign country.

Should it be found hereafter that the rules are evaded, and, under cover of transshipment, contraband goods are brought in and sold, the rules will be rescinded, and all importation of such goods for whatever purpose stopped.

We especially request that your excellency will cause this to be made known to the merchants at the ports.

With, &c.