By direction of the Ministers of France, Spain, Great Britain, Germany, and the Netherlands, and the Charges d'Aflaires of Belgium, Italy and Japan, To have the honour as Dean of the Diplomatic Body, to bring to the attention of Your Hizlness and Your Excellencies the recent action of the Thotai at Shanghai relating to the importation of cotton-ginning machinery.
appears that the Taotai instructed the Commissioner of Customs to refuse permits the importation of cotton-gins, and every other description of foreign machinery for manufactories, to anyone but Chinese sub-i Tu consequence of this order, the Nippon Yusen Kaisha was unable to tranship to the steamer Aiauyteen, for Ningpo, thirty-si containing" cotton: which arrived from Japan by the steamer Kobe Mary during the mouth of April last.
the ease now stands, this machinery will have to he reshipped to Japan.
This action is, in all respects, extraordinary. Cotton-ginning machines have been imported from Japan fora long period without any objection-being made to their introduction and no notice of the alleged right of prohibiting their importation has ever been issued by the Customs.
It seems that the orders issued to the Commissioner of Customs apply to the prohibition of landing steam-machinery, whether it be intended for natives or foreigners, but do not apply to hand-machines for the use of Chinese.
When the mutter was brought to the attention of the Tavtai by the Senior Consul, that official answered that he had been ordered by His Excellency the Superintendent of Northern Trade to prohibit the introduction of steam machinery, unless it was intended for the use of the cotton mills which are under official management. It is thus made evident that not only are plain rights guaranteed by various treaties to which reference will hereinafter be made, denied to foreigners, but also that the prohibition for foreigners to import machinery implies, in a certain sense, the right of the Chinese to establish trade monopolies which, I venture to think your Highness and your Excellencies will readily admit, is in direct opposition to treaty stipulations.
Steam machinery may be admitted for riy company which is assumed to be under the protection of the imperial or local authorities but cannot be admitted for the use of either private Chinese or foreigners.
This is a startling declaration which goes to the fundamental destruction of international rights under the treaties.
It is the duty of the foreign representatives to meet it at the threshold and to seek to 'v it overruled and set asi your Highness and your Excellen to meet this possible condition that the Lith article of the treaty with France, signed 27th June, 1858, at Tientsin, was
gablishment of any privileged commercial prepared. That article denounces the es; society "and any organised coalition having for its end the exercise of a monopoly of trade It is proper to state that the particular question now presented to Your Highness and Your Excellencies cannot strictly be said to be one applicable to the introduetion of machinery to be used for auanutae The object of the cotton-gin is not so or manufacture cotton into cloth or any other completed article; it is simply to remove the seed from the cotton. It leaves the cotton as it found it except that itis cleaned of seed. While this construetion would of itself be sullicient to secure the reversal of the order camp the above named foreign represents not stop there. They claim that, under existing treaties, foreigners have the unjusted right to import steam machinery and to use it at the open ports in converting crude native products into manufactured articles. Such right is distinctly recognised in' the Tth article of the ch treaty of 1858, which provides that Frenchmen and their families may establish themselves at the open ports and engage in commerce and Uindust rie caving skilled manufacturing pursuits) in all security and without hindrance of any kind."
To the same effect is the 11th article of the treaty made with the King of Belgium, 2nd November, 1865, The German treaty of 1861 in article VI provides that trade or industry may be carried on at the open pol Attlee VITE of the Austro-Hungarian treaty of 1869 wives to the subjects of these powers the right to exercise, at the open industry they like, no restriction hed to the concession, either with regard to the materials to be used or the disposal of the goods so manufactured.
These rules and regulations so laid down in the treaties were considered when they were made and must be held, until the treaties are abrogated, to be the basis of the relations between China and the foreign powers, and being such it is the duty of the foreign representatives to enter an earnest protest against their violation.
I call the attention of your Highness and. your Excellencies to the further fact that, in the tariff schedule, which was adopted the 8th day of November 1858, foreign niachinery is not included among the prohibited articles. The first of the rules appended to the tariff provides that Articles not enumerated in either list (export or import) nor in. the list of duty-free goods, will pay an ad valorem duty of 5 per cent, calculated on their marked value,"
Clearly, therefore, under your own tariff, machinery may be imported.
For the reasons above set out, and many others that might be enumerated, I have to request your Highness and your Excellencies to order the rescission of the order herein complained of.
The Dean of the Diplomatic Body seizes this occasion to renew to your Highness and your Excellencies the assurance of his most distinguished consideration.
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Text read from the printed page and cleaned; old type leaves the occasional error.