path of investigation. What injury, then, can result to the public mind, or to the interests of true scholarship by its adoption? We command therefore, without further discussion, that the censor's proposal to call for a report on this whole subject, from the high dignitaries of the government, be not entertained. Respect this. No. 137.] Mr. Burlingame to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I yesterday received, through the British minister, Sir Rutherford Alcock, a despatch from Charles Carroll, British consul at Taiwan, Formosa, covering a report of Captain G. D. Broad, of her Majesty's naval service, from which I learn the principal details of the loss of the American bark Rover, and the whole of her crew of eleven persons, who were murdered by the savages on the south coast of Formosa. The Rover, Captain Hand, left Swatow for Neuchwang on the 9th of March, and on the 12th struck on a rock south of Formosa, (the Vele Rete rocks,) and being in a sinking condition was abandoned by the captain and crew, who left in two boats, one of which alone has been heard from. The news was brought by a Chinese sailor, who escaped in the captain's boat, and who, after incredible hardships, communicated with Captain Broad and the British authorities at Takow. He says all but himself were killed immediately after landing by a musketry fire from the woods. Captain Broad, upon learning this news, immediately tried to save the lives of those who might be living by sending offers of ransom. He subsequently, accompanied by the British consul, Mr. Carroll, with the Cormorant, steamed to the place pointed out by the Chinaman, where the murder was committed, and where the Rover's boat was found. While landing, Captain Broad and party were fired upon, and with difficulty escaped under cover of a fire from the Cormorant. After shelling the woods Captain Broad returned to Takow. I give these brief details only, as you have doubtless heard all the particulars long before this will reach you from our consuls at the south. I had previously heard a rumor of this affair from our consul at Amoy, Mr. LeGendre, who informed me that he was about to visit the place with the war vessel Ashuelot. I immediately called the attention of the Chinese government to the above facts, and received from it every possible expression of regret for the murders, and proffers of aid to punish the guilty parties. I wrote at once to Admiral Bell, requesting him to co-operate with the Chinese authorities in such manner as the case might require. I wrote also to our consul, Mr. LeGendre, in the same sense, requesting him to thank at once the British consul, Mr. Charles Carroll, and Captain Broad, in the name of our government, and to say to them that I would thank them officially through the British minister here, and at the same time would call the attention of our government to their noble conduct. These savages are not Chinese, but outlaws of another race, who from time immemorial have been a sort of wrecking banditti. The Chinese and the British minister unite with me in a general movement against them. I will advise you as I learn of the progress made. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. ANSON BURLINGAME. No. 138.] Mr. Burlingame to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I am happy to send to you a body of pilot regulations (A) proposed by the Chinese government and agreed to and notified to their countrymen, by the representatives of the treaty powers at Peking. The old system was found not to work, from the inability of the consuls at the ports to agree upon the same regulations and from the jealousies growing out of the selection of pilots. At Shanghai, the Prussian consul utterly refused to co-operate with his colleagues. At Neuchwang, the British consul, Mr. Meadows, not wishing to act with the United States consul, Mr. Knight, framed a body of pilot regulations for the English exclusively, which were approved by Sir Rutherford Alcock, the British minister. By these no British ship could be brought into port by any but British pilots, while British pilots might bring in the ships of other nations. I opposed these regulations as illegal and unjust. This view was entertained by the French, Prussian, and Russian representatives, as well as by Sir Edmond Hornby, the British chief justice at Shanghai. Sir Rutherford finally suspended the regulations from operation. We thereupon entered into relations with the Chinese government with the view of adopting a uniform system, which might be supported by all. Mr. Hart, inspector general of customs, had previously suggested that all matters relating to pilotage should be placed under the control of the commissioner of Chinese customs. This suggestion was, after much discussion, unanimously adopted-first as a matter of right to the Chinese, and second as a matter of convenience to ourselves. The result was the preparation and adoption of the fifteen regulations herewith sent. These were mainly drawn by Mr. Bellonet, French chargé d'affaires. I beg in this as in so many other cases to express my satisfaction with the conduct of Mr. Hart. I also send regulations (B) respecting passengers' luggage, which have also been agreed to and notified. Hoping for your approval, I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. ANSON BURLINGAME. Prince Kung to Mr. Burlingame. [Translation.] APRIL 22, 1867, (Tungchi, 6th year 3d moon, 18th day.) Prince Kung, chief secretary of state for foreign affairs, herewith sends a communication. In the month of February last year, I received a minute from Mr. Robert Hart, inspector general of customs, in which he proposed that all matters relating to pilotage at the several ports should be placed under the control of the commissioner of customs. As he was then on the point of returning home on leave, I referred his suggestions to the two superintendents of commerce of the northern and southern ports for their consideration. Mr. Hart having returned and resumed his duties, I addressed a note last month upon this subject to the French chargé d'affaires, and received a reply, in which he observed: "If the Chinese government desires to establish at each open port an office for the uniform administration of the pilot service, and to place the pilots under the control of the inspector general of customs, let the foreign office submit the details of the arrangement to the foreign ministers for their consideration; and after they have been examined and agreed upon, I will report them to my government for its approval, so that there may be uniformity in carrying out the plan." This suggestion has been acted upon. I immediately directed the inspector general to draw up a body of regulations, which would be applicable to every port, and he has now submitted them, arranged under fifteen articles for my approval. During the past few years, Mr. Hart has repeatedly brought to my notice, in carefully prepared minutes, several matters calculated to improve shipping and navigation, and involving the appropriation of funds, and as they were all likely to result in advantage to both foreigners and Chinese, the foreign office has willingly received them, and from time to time adopted them. Last year, after his return to his post, he brought forward a proposal, whereby the tonnage dues should henceforth be set aside regularly and permanently for certain objects; and this was acceded to by the foreign office, which ordered that the inspector general of customs, in addition to the oversight of the collection of duties, should likewise attend to the erection of light-houses, the location and setting of buoys and light-ships in the channels and anchorages frequented by merchant ships and the superintendence of pilotage. It appears that the shoals near the entrances of the open ports, on which vessels frequently ground and are injured or lost, have been growing larger in the lapse of time, and obstruct the channel, and the necessary expenditure for removing or dredging them will be very large. In addition, buoys and light-ships have been to some extent placed along the coast and rivers, which will require further outlay. Furthermore, everything connected with pilotage in and out of the ports must also be regulated by such rules as will be applicable to all alike, with due regard to the greatest benefit of trade and navigation and the economical use of the public funds. At first Chinese only were employed as pilots at all the ports, but since the opening and extension of foreign trade, foreign pilots have gradually increased, since it can well be allowed that native and foreign vessels should each choose which class of pilots they will engage. But if the supervision of the whole business be entrusted to a single head, its various details can all be regulated on a uniform principle, and to the general advantage. Mr. Hart is, therefore, to designate a competent man at each port as harbor master, who will oversee everything connected with the shipping; one well acquainted with all things pertaining to vessels and the circumstances of his port. The superintendence of the pilotage would also properly come under him, and the examination and selection of competent pilots for the port. In this way, not including natives of China, there will be no other than trustworthy and skilful pilots chosen from among the subjects of the treaty powers, who will be allowed to act. The 15 rules upon this business which the inspector general has now submitted to me are very comprehensive. After they have been published at the ports, the harbor master will be required to make himself familiar with all the circumstances and wants of the port, and then he can draw up such by-laws as shall be deemed desirable, which will be from time to time sent to the foreign ministers for their consideration. The present body of pilotage regulations in 15 articles are now sent to your excellency, with the request that they be forwarded to each port with directions to the consuls of the United States to co-operate with the harbor master, who shall be appointed to oversee shipping matters there on the part of the Chinese government. In this way, it is confidently expected that every occasion of contempt of his authority or restraint of his lawful proceedings will be obviated. The other regulations respecting passengers' luggage, duty-free goods, and tug-boats, will be communicated in a separate despatch, and can be acted on after a reply has been received, and the English, French, and Chinese versions of the 15 articles on pilotage are now forwarded for your examination and approval. His Excellency ANSON BURLINGAME, United States Minister to China. LEGATION OF the United States, I am directed by the Hon. Anson Burlingame, envoy extraordinary and minister plenipotentiary of the United States to China, to give notice that the following regulations for pilotage in Chinese ports have been communicated to him by the Chinese government and agreed to; and that they will come into operation at each port when notified by the Chinese authorities. By order: S. WELLS WILLIAMS, CHINESE GENERAL PILOTAGE REGULATIONS. 1. Number of pilots.-The number of pilots to be licensed at each port shall be determined by the harbor-master in consultation with the consuls and chambers of commerce, and may be increased or diminished, as required by circumstances. 2. Individuals eligible as pilots.-The subjects, citizens, or protégés of treaty powers shall, equally with natives of China and without distinction of nationality, be eligible for appointment, when vacancies occur, by the board of appointment, subject to the general regulations now issued and the by-laws to be under them enforced at the several ports respectively. 3. Constitution of board of appointment. The board of appointment shall consist of the harbor-master as president, the senior pilot, and two persons whose names shall be chosen by lot, by the harbor-master, from a list prepared as follows: In the month of June each year the agents of insurance offices and of ocean mail steamship lines shall each choose one person (being, or having been, a pilot or shipmaster) for the duty, and shall forward his name to the harbor-master, by whom the list will then be arranged and published. 4. How vacancies are to be filled.-Whenever there is a vacancy among the pilots, it shall be duly notified in the local prints, and eight days afterwards the board of appointment sha proceed to fill it up by a competitive examination. The board may refuse to admit to the examination any one who, having been a licensed pilot, has had his license withdrawn, and also any candidate who is unable to produce consular certificates as to character, &c. 5. Examinations to be competitive. The examinations shall be public and gratuitous, and the vacancies shall be given to the most competent among the candidates without distinction of nationality, provided always that the competency of the first on the list be not relative but absolute. 6. Pilots' licenses, by whom to be issued.-Pilots' licenses shall be issued by the commissioner of customs, in the name and in behalf of the Chinese government. Licenses issued to pilots not being natives of China shall subsequently be vised and registered at the consulate concerned. 7. Apprentice pilots.-It shall be allowable for each licensed pilot to take an apprentice, for whom he shall be responsible. On the application of pilots, the harbor-master will supply apprentices with certificates; but such apprentices shall not be competent to act for the master pilots in piloting ships. 8. Licensed pilots, to whom subordinated.—Licensed pilots may carry on their business either singly or in companies. They must pay due respect to the wishes and instructions of the harbor-master under whose orders and control they are placed, and who is invested with disciplinary powers in view of infractions of established rules. The penalties to be enforced by the harbor-master are fines, temporary suspension from duty, and (subject to the confirmation of the inspector general of customs) withdrawal of license. 9. Local rules and by-laws to be drawn up.-By-laws and rules necessary for the better ordering of pilotage matters at the ports are to be drawn up by the harbor-master, with whom also it rests to define the limits of the pilotage ground, and fix the tariff of charges. Such by-laws are to be communicated to the consuls, but shall not be enforced locally until approved by the authorities at Peking. They may subsequently be added to, altered, or annulled in the same manner. 10. Punishment for unlicensed piloting and lending licenses.-Any one piloting without a license, or making use of another's license, shall be subject to prosecution before his own authorities, who will deal with the offender in accordance with the laws of his country. Any pilot lending his license to another will be proceeded against and dealt with in the same way, in addition to forfeiting his license. 11. Vessels damaged with pilots on board.—The board of appointment shall make due inquiry into all accidents occurring to ships having pilots on board. Whenever the result of the inquiry proves unfavorable to the pilot, the board may withdraw his license, and hand him to the authorities to whom he is amenable, to be dealt with as prescribed by law. 12. Regulations for pilot-boats.-Pilot-boats shall be registered with their crews at the harbor-master's office, where each boat will receive a certificate and a number. The words "licensed pilot-boat" shall, with the number, be legibly painted at the stern and on the head of the mainsail; and a flag, of which the upper horizontal half shall be yellow and the lower green, shall be flown. Such registered pilot-boats shall deposit their national papers with their consul or the customs; they shall be at liberty to move freely within the limits of the port and pilotage ground, and shall be exempt from tonnage dues. On the requisition of the harbor-master or his deputies, it will be obligatory on registered pilot-boats to convey from place to place, within the limits, employés belonging either to the customs or harbormaster's departments, with such stores as may be wanted for light-houses or light-ships. 13. Compensation to pilots for losses.-Any pilot carried off from the pilot ground, the fault not being his own, shall be entitled to compensation at the rate of five taels per diem. Any damage sustained by a pilot-boat while alongside the ship piloted shall be made good by such ship; the damage to be assessed by two competent persons, one to be chosen by the pilot, and the other by the master of the ship concerned. 14. Liability for pilotage charges.-Consignees are liable for all pilotage fees and charges. Disputes relative to draught of water shall be referred to the harbor-master, whose decision shall be final. 15. Payment for pilot charges obligatory.-It shall be obligatory on all ships and steamers arriving at or departing from ports at which there are pilots to employ pilots coming in and going out. The harbor-master, on behalf of the body of pilots, is empowered to recover from the consignees of any ship arriving or departing without a pilot, the highest amount chargeable under the pilotage tariff according to the draught of water. Mr. Burlingame to Prince Kung. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your highness's despatch of the 22d instant, with its enclosure, relating to certain regulations for pilotage, which the inspector general of customs has drawn up in fifteen articles, wherein it is proposed to appoint a harbormaster at each port, whose duty shall be to attend to the shipping, examine and select pilots, and oversee all other matters that are connected with the office, whereby all occasion of contempt for his authority or interference in his proper functions will in future be obviated. I have looked over these regulations, which seem to be well suited to attain the end in view, with much care. They are now submitted to the foreign ministers at the capital, so that there shall be no impediment to their being carried into effect; and I beg to express my hope that as all matters relating to the pilotage department are now under the direction of the Chinese government, they will be conducted in a manner equally beneficial to the general trade of both natives and foreigners. I have accordingly sent instructions to the consuls of the United States at the ports that they give their aid in carrying them out fully. I have the honor to be, sir, your highness's obedient servant, His Imperial Highness PRINCE Kung, &c., &c., &c. Prince Kung to Mr. Burlingame. [Translation.] ANSON BURLINGAME. APRIL 22, 1867, (Tungchi, 6th year. 3d moon, 18th day.) Prince Kung, chief secretary of state for foreign affairs, herewith makes a communication: I find in the records of this office that in the month of February, last year, the inspector general of customs, Mr. Hart, brought forward several points of great inportance relating to the better regulation of trade at the ports, which would, if settled, be advantageous to all parties; and embodied them in four separate articles. It is generally admitted that in the collection of duties the principle of promoting general advantage and removing whatever embarrasses trade, is to be followed even in comparatively small matters. The inspector general has now drawn up three regulations, all of them of much importance in carrying on customs affairs, and calculated to facilitate the collection of duties, while they will not interfere in the transaction of business, which I now submit for the consideration of your excellency, reserving for another despatch the regulations respecting pilotage. As soon as I receive your reply on these three regulations, I will cause orders to be sent to the superintendents of commerce for the northern and southern ports, directing them to carry the same into effect at all the custom-houses. Hon. ANSON BURLINGAME, United States Minister to China. I. PASSENGERS' LUGGAGE. Shipmasters become liable to a fine if they allow any passenger's luggage to leave the vessel before the arrival of a tide waiter on board. Luggage supposed to contain dutiable goods or articles of contraband, if not at once opened by the owner for examination on board, may be detained and taken to the custom-house; the owner can there reclaim it and be present when it is opened and examined. If not claimed within three days the customs will proceed with the examination. The presence of dutiable goods or contraband subjects the luggage to confiscation, and the owner to a fine. II. DUTY-FREE Goods. Duty-free goods are not to be discharged until after the issue of the "permit to open hatches." Any violation of this rule subjects the master of the ship to a fine, of which the amount is fixed by the treaty, and renders the goods liable to confiscation, whether landed or merely placed in cargo boats alongside. Duty-free goods, whether imported or exported, are to be duly manifested; they are not to be shipped or discharged without the proper permits, (as in the case of dutiable goods,) and they must in every instance be taken to the customs jetty for examination. |