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simply for H. M .'s Consul to observe the Treaty; and in any measures adopted to the peculiar circumstances of the time, to take care that the rights of the Chinese Government suffer no infringement.
It has been further stated that whatever precautions may be taken to insure good faith in respect to the Chinese Revenue under the British Flag, there is no power to insure a similar course in respect to Trade and Custom duties under every other Flag; and that it would be both a hardship and an injury to British Merchants if they were placed on less advantageous terms than their neighbours and competitors. It is very true that H. M.'s Consul can have no pretension to interfere with the Representatives of other Powers in the means they may see fit to adopt in this conjuncture, but it is not less clear that H. M.'s Consul must hold himself free from all obligation to follow a course which to his judgement may appear unjustifiable, simply because it may have been adopted by others. This, so far as the line of his duty is concerned, but he is not without hope that something of uniformity may be found to prevail among the Consular representatives as to the obligations imposed by good faith under existing Treaties, and the particular measures it may be deemed expedient to adopt to reconcile the exigencies of trade, and the rights of the Chinese Government under such Treaties.
Having thus disposed of the principal arguments for and against the cessation of all Treaty rights and Trade Regulations, it only remains for H. M.'s Consul to state what is the course he is prepared to follow, in the absence of a Custom-house and all legal Authority at the Port, which may continue for an indefinite time, to the great injury of all concerned.
By Treaty no Ship can leave its anchorage until all duties are paid up in full, and the issue of a Port Clearance by the Superintendent of Custom; upon production of which to the British Consul "he will return the Ship's papers and allow the vessel to depart." No provision has been made either by the Treaties or the Consul's Instructions for the exceptional circumstances now existing where there is no Custom-house Establishment to verify the landing and shipping of goods, and no Superintendent to receive and grant receipt for the Duties. There is in brief, no authority given to the British Consul to return the Ship's papers and allow the vessels to depart, without such credentials as a Superintendent of Custom can alone furnish. If he takes upon himself to do so by any provisional arrangement, he must do so entirely upon his own responsibility; and a very heavy one it becomes, under two heads. First as to the verification of the amounts due to the Chinese Revenue, and secondly as to the payment of the same.
It must be too clear for dispute therefore, that if he consent to take this unauthorized responsibility—it must rest with him, and him alone, to specify the conditions under which he is willing to accept so onerous a charge. If any one object to the conditions, the alternative is their's to refuse compliance and abide by the Treaty, which requires the Consul to keep the ship's papers until a Port clearance has been granted by the Superindent of Customs; but in doing so they must of course accept all the consequences.
Any adaptation of measures to meet the exigencies of the times, if in accordance with the Treaty must carry with it two conditions which are essential to good faith in the matter. The verification of the amounts due according to the Tariff, and the guarantee for their payment on demand. And H. M.'s Consul wishes it to be distinctly understood that the provisional system he is willing to adopt, proceeds on the assumption that both these ends can be satisfactorily attained, pending the absence of a Custom-house Establishment to verify and receive the duties; and only in so far as he can see his way to the realization of both these objects, is he disposed to accept the grave responsibility he must unavoidably incur. No simple declaration of shippers as to goods landed or shipped without any check, sanction or supervision of Custom-house Officers, will be held satisfactory if doubt should arise as to their accuracy, and other and better means are attainable. All such parties will bear in mind that they can plead no legal authority whatever for either the landing or shipping of goods since the morning of the 7th instant, and have no right therefore to complain of any scrutiny it may be deemed necessary to institute for the verification of manifests made under such circumstances. For any cargoes landed or shipped under the late Custom-house arrangement, in so far as these can be shown to have been sanctioned by them, the returns will be taken as they stand.
As regards the payment of duty a still heavier responsibility weighs upon H. M.'s Consul if silver be not tendered; and after the recent official announcement of the views of H. M.'s Plenipotentiary and the Instructions already in the hands of the former, nothing but the conviction that the property is insecure, and exposed to unforeseen risks, induces him to contemplate any measures which shall substitute security, however good, for actual payment. He believes however from the best information he can obtain that to insist upon payment at the present moment with the City in the hands of an unknown Band of Insurgents, and Soochow itself probably in the same condition, would amount to a declaration that the ships shall not depart until order be re-established. It is useless therefore for the Consul to take upon himself the irksome and obnoxious task of verifying the ships' cargoes and the amount of duties payable, unless he is at the same time prepared to accept the still more onerous responsibility of receiving security for payment instead of the delivery of Cash. He will take upon himself to do both therefore, since thus alone can he afford the assistance he desires in order to avert the indefinite detention of ships and the possible destruction of Property to a large amount:—and upon the following conditions:—
Provisional Rules for the Clearing of Ships in the Absence of a Custom-House Establishment.
1st.—The Consignee of each Ship to give into this Office a declaration in writing of all the parties to whom Imports have been consigned, and of all those who are shippers of outward Cargo.
2d.—Each Importer or Shipper to make a declaration in writing of the quantity and description of Goods, the number of packages; their weight and value, when the two latter conditions affect the duties.
3d.—In the event of doubt arising as to the accuracy of these particulars, the same to be supported by the production of any papers or documentary evidence the Consul may see fit to require.
4th.—The Consignees of the Ship to present a collective schedule of the particulars of Cargo and Duties payable on goods and Ship, corresponding with the several declarations of Importers and Shippers in what concerns these, and with the addition of Tonnage dues.
5th.—The amounts thus shown to be due from
