CHINA: General Regulations (November, 1843)

Source: Advocate and Friend (Extra). Honolulu: November 18, 1843. 

GENERAL REGULATIONS.

The following Document was received by the latest arrival from China. -Spanish brig Iberia; arrived Nov. 4:

UNDER WHICH THE BRITISH TRADE IS TO BE CONDUCTED AT THE FIVE PORTS OF CANTON, AMOY, FUCHOW, NINGPO, AND SHANGHAI.

1. PILOTS.—Whenever a British merchantman shall arrive off any of the five ports opened to trade, viz: Canton, Fuchow,, Amoy, Ningpo, or Shanghai, pilots shall be allowed to take her immediately into port; and in like manner when such British ship shall have settled all legal duties and charges, and is about to return home, pilots shall be immediately granted to take her out to sea, without any stoppage or delay. Regarding the remuneration to be given these pilots, that will be equitably settled by the British Consul appointed to each particular port, who will determine it with due reference to the distance gone over, the risk run, &c. 

2. CUSTOMHOUSE GUARDS—The Chinese Superintendent of Customs at each port, will adopt the means that he may judge most proper, to prevent the revenue suffering by fraud or smuggling. Whenever the pilot shall have brought any British merchantman into port, the Superintendent of Customs will depute one or two trusty custom house officers, whose duty it will be to watch against frauds on the revenue. These will either live in a boat of their own, or slay on board the English ship, as may best suit their convenience. Their food and expenses will be supplied them from day to day from the customhouse, and they may not enact any fees whatever from either the commander or consignee. Should they violate this regulation, they shall be punished proportionately to the amount so exacted. 

3. MASTERS OF SHIPS REPORTING THEMSELVES ON ARRIVAL—Whenever a British vessel shall have cast anchor at auY one of the above mentioned ports, the Captain will within four and twenty hours after arrival, proceed to the British Consulate and deposit his ship's papers, bills of lading, manifest, &.c, in the hands of the Consul; failing to do which, he will subject himself to a penalty of 200 dollars. For presenting a false manifest, the penalty will be 500 dollars. For breaking bulk and commencing to discharge before due permission shall be obtained, the penalty will be 600 dollars, and confiscation of the goods so discharged. The Consul having taken possession of the ships papers, will immediately send a written communication to the Superintendent of Customs, specifying the register tonnage of the ship, and particulars of the cargo she has on board, all of which being done in due form, permission will then be given to discharge, and the duties levied as provided for in the Tariff.

4. COMMERCIAL DEALINGS BETWEEN ENGLISH AND CHINA MERCHANTS —It having been stipulated that English merchants may trade with whatever native merchants they please; should any Chinese merchant fraudulently abscond, or incur debts which he is unable to discharge, the Chinese authorities, upon complaint being made thereof, will of course do their utmost to bring the offender to justice; it must however he distinctly understood that if the defaulter really cannot be found, or be dead or bankrupt, and there be not wherewithal to pay, the English merchants may not appeal to the former customs of the Hong merchants, paying for one another, and can no longer expect to have their losses made good to them. 

5. TONNAGE DUES. —Every English merchantman, on entering any one of the above mentioned five ports, shall pay tonnage dues at the rate of five mace per register ton, in full of all charges. The fees formerly levied on entry and departure, of every description, are henceforth abolished.

6. IMPORT AND EXPORT DUTIES. —Goods, whether imported into, or exported from, any one of the above mentioned five ports, are henceforward to be taxed according to the tariff, as now fixed and agreed upon, and no further sums are to be levied beyond those which are specified in the tariff. All duties incurred by an English merchant vessel, whether on goods imported or exported, or in the shape of tonnage dues, must first be paid up in full, which done, the Superintendent of Customs will grant port clearance, and this being shewn to the British Consul, he will thereupon return the ship's papers, and permit the vessel to depart. 

7. EXAMINATION OF THE GOODS AT THE CUSTOM-HOUSE. —Every English merchant having cargo to load or discharge, must give duo intimation thereof, and hand particulars of the same to the Consul, who will immediately dispatch a recognized linguist of his own establishment to communicate the particulars to the Superintendent of Customs, that the goods may bE duly examined, and neither party subjected to loss. The English merchant must also have a properly qualified person on the spot, to attend to bis interests when his goods are being examined for duty; otherwise, should there be complaints, these cannot be attended to. Regarding such goods as are subject by the tariff to an ad valorem duty, if the English merchant cannot agree with the Chinese officer in fixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase, shall be assumed as the value of the goods. To fix the tare on any article, such as tea; if the English merchant cannot agree with the custom-house officer, then each party shall chose so many chests out of every 100, which being first weighed in gross, shall afterwards be taxed, and the average tare upon these chests shall be assumed as the tare upon the whole, and upon this principle shall the tare be fixed upon all other goods in packages. If there should still bo any disputed points which cannot be settled the English merchant may appeal to the Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made on the same day, or it will not be regarded. While such points are still open, the Superintendent of Customs will not delay to insert the same in his books, thus affording an opportunity that the merits of the case may bo duly tried and sifted. 

8. MANNER OF PAYING THE DUTIES. — It is herein before provided that every English vessel that enters any one of the five ports, shall pay all duties and tonnage dues before she be permitted to depart. The Superintendent of Customs will select certain shroffs, or banking establishments, of known stability, to whom he will give licenses, authorizing them to receive duties from the English merchants on behalf of Government, and the receipts of these shroffs, for any money paid them, shall be considered as a Government voucher. In the paying of these duties, different kinds of foreign money may be made use of, but as foreign money is not of equal purity with Sycee silver, the English Consuls appointed to the different ports will, according to time, place, and circumstances, arrange with the Superintendent of Customs at each part, what coins may be taken in payment, and what percentage may be necessary, to make them equal to standard or pure silver. 

9. WEIGHTS AND MEASURES.—Sets of balance-yards for the weighing of goods, of money-weights, and of measures, prepared in exact conformity to those hitherto in use at the custom-house of Canton, and duly stamped and scaled in proof thereof, will be kept in possession of the Superintendent of Customs, and also at the British Consulate, at each of the five ports, and these shall be the standard by which all duties shall be charged, and all sums paid to Government. In case of any dispute arising between British merchants and the Chinese officers of customs, regarding the weights or measures of goods, reference shall be made to these standards, and disputes decided accordingly. 

10. LIGHTERS OR CARGO-BOATS.—Whenever an English merchant shall have to loud or discharge cargo, be may hire whatever kind of lighter or cargo-boat he pleases, and the sum to be paid fur such boat can be settled between the parties themselves, without the interference of Government. The number of these boats shall not be limited, nor shall a monopoly of them be grunted to any parties. If any smuggling take place in them, the offenders will of course be punished according to law. Should any of these boat people, while engaged in conveying goods for English,merchants, fraudulently abscond with the property, the Chinese authorities will do their best to apprehend them; but at the same time, the English merchants must take every due precaution for the, safety of their goods. 

11. TRANSSHIPMENT OF GOODS—No English merchant ships may transship goods without special permission. Should any urgent case happen, where transshipment is necessary, the circumstances must first be submitted to the consul, who will give a certificate to that effect, and the Superintendent of Customs will then send a special officer to be present at the transshipment. If any one presumes to transship without such permission being asked for and obtained, the whole of the goods so illicitly transshipped, will be confiscated. 

12. SUBORDINATE CONSULAR OFFICERS — At any place selected for the anchorage of English merchant ships, there may be appointed a subordinate consular officer, of approved good conduct, to exercise due control over the seamen and others. He must exert himself to prevent quarrels between the English seamen and natives, this being of the utmost importance. Should any thing of the kind unfortunately take place, he will in like manner do his best to arrange it amicably. When sailors go on shore to walk, officers shall he required to accompany them; and should disturbances take place, such officers will be held responsible. The Chinese officers may not impede native* from coming alongside the ships to sell clothes or other necessaries to the sailors living on board. 

13.  DISPUTES BETWEEN BRITISH AND SUBJECTS AND CHINESE.—Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance. The Consul will thereupon inquire into the merits of the case, and do his utmost to arrange it -amicably. In like manner, if a Chinese have reason to complain of a British subject, he shall no less listen to his complaint, and endeavor to settle it in a friendly manner. If an English merchant have occasion to address the Chinese authorities, he shall send such address through the Consul, who will see that the language is becoming, and if otherwise, will direct it to be changed, or will refuse to convey the address If unfortunately any disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of a Chinese officer, that they may together examine into the merits of the case, and decide it equitably. Regarding the punishment of English criminals, the English Government will enact the laws necessary to attain that end, and the Consul will be empowered to put them in force; and regarding the punishment of Chinese criminals, these will be tried and punished by their own laws, in the way provided for by the correspondence which took place at Nankin, after the concluding of the peace. 

14. BRITISH GOVERNMENT CRUIZERS ANCHORING WITHIN THE PORTS —An English Government cruizer will anchor within each of the five ports, that the Consul may have the means of better restraining sailors and others, and preventing disturbances. But these Government cruizers are not to be put upon the same footing as merchant vessels, for as they bring no merchandize, and do not come to trade, they will of course pay neither dues nor charges The Resident Consul will keep the Superintendent of Customs duly informed of the arrival and departure of such Government cruizers, that he may take his measures accordingly 

15. ON THE SECURITY TO BE GIVEN FOR BRITISH MERCHANT VESSELS —It has hitherto been the custom, when an English vessel entered the port of Canton, that a Chinese Hong-merchant stood security for her, and all duties and charges were paid through such security-merchant. But these security-merchants being now done away with, it is understood that the British Consul will henceforth be security for all British merchant ships entering any of the aforesaid Chinese ports. 

N. B. “Schedule-tariff of duties on the foreign trade with China," omitted for want of room —[Ed.