No. 144.
Mr. Seward
to Mr. Evarts.
Legation of
the United States,
Peking, January 16, 1880.
(Received March 15.)
No. 563.]Sir:Recurring to my various letters in regard to
the Shanghai harbor rules, and more particularly to my dispatch No. 544,
with which I sent to you a copy of a code of sixteen rules for that part of
the harbor which is above the foreign anchorage, I have now the honor to
hand to you a note which Prince Kung has addressed to the several foreign
representatives, stating that the rules of 1878 will be put in operation at
once for the district opposite the foreign settlements (the foreign
anchorage) and the new rules for the district above the settlements (the
native anchorage).
This adjustment of the matter appears to me entirely satisfactory, and I have
no doubt that it will meet the views of other members of the diplomatic
body.
* * * * * * *
In the matter of the control of harbors our troubles arise, not because the
authorities endanger our interests by discriminations in favor of their own
people, nor by cutting off privileges necessary for the free use of their
harbors, but because no adequate measures have been adopted for their
conservancy. At Shanghai any one owning a front lot has been able to make a
pier or wharf or to fill up the foreshore almost uncontrolled. The serious
deterioration of the harbor has resulted as a matter of course.
It has been my object, in view of such facts, to impress upon the
administration, both at Shanghai and here, the fact that it is their
interests which are mainly involved, and that responsibility for the care of
the harbor devolves properly upon them.
* * * * * * *
I shall request the consul general to give the local authorities cordial
support in the administration of the harbor rules, new and old, so soon as I
learn that my colleagues will take the same course.
I have, &c.,
[Inclosure in No. 563.]
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.,”
[Page 213]
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.
Peking, January 12,
1880.
His Excellency George F. Seward, &c.,
&c., &c.
