The response of the ministers is given in a note by Mr. Brenan, a copy of which is also inclosed. It does not meet the views of the foreign representatives, as it does not clearly admit the principle that such rules should be uniform and should be promulgated here. One purpose that the foreign representatives had in view in calling the attention of the consuls and of the Yamên to the subject was to avoid the danger of having locally made rules quoted to us hereafter in support of proposals made here, and to which we might feel bound to object as in contraven. tion of treaty stipulations. Our notice to the Yamên and to the local authorities through the consuls may be appealed to by us in such cases, to indicate that we have in no way assented to such local rules, and that they may not be brought forward to our disadvantage in any future discussion of the transit-pass provisions of the treaties.

I have, &c.,

GEORGE F. SEWARD.

[Inclosure 1 in No. 542.]

Memorandum for Mr. Brenan.

DECEMBER 18, 1879.

If the ministers who receive Mr. Brenan at the Tsung-li Yamên to-day request any explanation, they must be informed that Mr. Brenan is not authorized in the present instance to do more than present the memorandum with which he is charged; that he is not at liberty to discuss the construction of the treaty right to which it refers; but that it will be of course his duty to report to the foreign representatives, through his minister, as doyen of the corps diplomatique, any observations that it may seem good to their excellencies to make.

T. F. WADE.

[Inclosure 2 in No. 542.]

Memorandum to be read to the ministers of the Tsung-li Yamên by Mr. Brenan.

The foreign legations having been given to understand that the Shanghai authorities have it in contemplation to introduce certain regulations that would modify the transit-duty privilege, so far as this affects export produce, it has been thought desirable to declare that, in the opinion of the legations, no regulations affecting foreign trade should be framed except at Peking, and that there should be but one rule for the issue of transit-duty certificates at all the ports.

[Inclosure 3 in No. 542.]

Memorandum of Mr. Brenan's visit to the Yamên.

DECEMBER 18, 1879.

Mr. Brenan went to the Yamên and was received by the ministers Tung-Wang, Ching-lien, and Chung-li.

A copy of the inclosed memorandum was laid before the ministers, who were requested to state what reply Mr. Brenan should take back.

Their excellencies stated that they also were of opinion that regulations made in the provinces should receive the sanction of the higher authorities in Peking. No report had been received by the Yamên with regard to the regulations referred to in the memorandum. The transit-certificate privilege was secured to foreigners under treaty, and any rules which the local authorities at the respective ports might make were only calculated to guard against abuses. The nature of these rules would depend upon the circumstances of each port, and it might be possible that, these circumstances differing, the rules could not in every respect be uniform. The Yamên would now call for a report from each port, and when a reply had been received the ministers would be prepared to confer with the foreign representatives.

B. BRENAN.

No, 544.]

No. 141.

Mr. Seward to Mr. Evarts.

LEGATION OF THE UNITED STATES,

Peking, December 27, 1879. (Received March 15, 1880.) SIR: Recurring to my several dispatches regarding the Shanghai Harbor rules, I have now the honor to inform you that the several foreign representatives decided some time since to ask the ministers of the foreign office whether they had anything to communicate to us further in regard to the matter, and that Mr. Holcombe was deputed to speak to the ministers in our behalf. I inclose herewith a copy of my note of instruction to him, a copy of his report of his conversation with the ministers, and a translation of a code of sixteen rules, proposed by the ministers, for the control of that part of the river at Shanghai which is used more particularly by native craft.

These rules were considered afterwards by the foreign representatives, and Mr. Holcombe was requested to go again to the ministers and to say that we find no reason to question the merit of the rules, and to ask them to communicate them to us as having been decided upon by the government. A copy of Mr. Holcombe's' report of his second interview

is inclosed herewith.

The ministers have not yet written to us, but they will do so, no doubt, at an early moment.

This settlement of the matter in hand leaves the rules of 1878 to stand in the district where foreigners are more particularly concerned, and will prove satisfactory, as I believe, to the foreign community at Shanghai.

I have, &c.,

[Inclosure 1 in No. 544.]

GEORGE F. SEWARD.

Memorandum.-Instructions for Mr. Holcombe in regard to the harbor rules.

PEKING, December 6, 1879.

By request of the diplomatic body, Sir Thomas Wade has arranged for you to visit the Tsung-li Yamên to-morrow to speak about the Shanghai Harbor rules.

The wish of the several ministers is that you ask the ministers of the Yamên simply whether they have anything to communicate to us in regard to the rules in question in advance of a formal correspondence upon the subject, and in such case to let you know what it is.

[Inclosure 2 in No. 544.]

GEORGE F. SEWARD.

Minute of conversation between the ministers of the foreign office and Mr. Holcombe.

DECEMBER 7, 1879.

Present, Their Excellencies Shen, Lin, Hsia, and four secretaries.

Mr. Holcombe opened the business by stating that he had been sent by Mr, Seward, at the request of the diplomatic body, to inquire of the ministers of the foreign office whether they had anything to say in reference to the enforcement of the rules for the conservation of the harbor at Shanghai; and, if so, to hear whatever they might see fit to communicate.

His Excellency Shen responded that the Yamên had just received from the southern superintendent of trade a set of sixteen regulations for the control of the Whangpoo River above the foreign concessions, which the Yamên would be glad to have Mr.

Holcombe take and submit to the diplomatic body. After the foreign representatives had considered them, the Yamên, while they approved the rules, would still be glad to discuss any points in them which the diplomatic body might raise. He added that it was the intent of the rules that the harbor-master should act conjointly with and through the harbor-deputy in the control of the Upper Whangpoo.

CHESTER HOLCOMBE.

[Inclosure 3 in No. 544.]

Sixteen rules submitted for the conservation of the Whangpoo River south and outside of the foreign concessions.

1. A harbor office shall be established, and a deputy appointed, who, in concert with the police and district magistrates, shall have control of the water-way of the Southern Whangpoo, and shall determine the berthing places of all Chinese craft. Commencing at a point on the west bank of the creek opposite the little east gate of Shanghai, and south of the Shih-lin-pû Bridge, and running south a distance of about four li to the south jetty, and line has been determined and posts set as a limit; and similarly upon the east bank a limit has been fixed. From the south jetty to the arsenal and the Lung Hua pagoda, a distance of about eight li, if there are shoals in the river, or if, in any of the side channels or tributary streams coming within the jurisdiction of the harbor office, there are obstructions to the fairway, measures shall be taken to remove them.

2. The west bank of the river, and the jetties upon it, within the jurisdiction of the deputy, have been examined and measured and a chart made. Outside of the limits as marked, wooden piers not filled in may be built to a limit of 80 feet in length. But this limit must not be passed, and no stone nor solid jetties may be built outside the lines fixed. If any be built in violation of this rule they will be at once destroyed. 3. Chinese subjects who may desire to construct, upon the banks of the creek, jetties, to bind the bank, or to fill in the foreshore, &c., whether within or without the lines determined upon, and whether such works will or will not interfere with the waterway, must in all cases first prepare a chart of the proposed works and submit it to the harbor office for consideration, and only after approval by the deputy can the work be undertaken. Works built in contravention of this rule will be destroyed, and the parties concerned will be punished.

4. If there are shallows without the lines fixed as above, which should be deepened, or banks anywhere in the river which ought to be dredged, their locality shall be determined by the harbor office, and a proclamation issued authorizing sea-going vessels to take the mud from the given places, for ballast, without payment.

5. If, in the opinion of the harbor office, there are jetties in existence which interfere with the channel of the river, or the movement of vessels, and ought to be removed, a notice shall be served upon their owners giving them three days' time to commence their removal. If the work is not undertaken within the time named, the deputy shall secure their removal at the expense of their owners.

6. Within the area under the control of the harbor office are a great number of Chinese vessels, consisting of rice-junks and junks from Ningpo, Foochow, Canton, Shangtung, and Tientsin, which being of great draught cannot tie up to the bank, cast anchor without any regularity in midstream, and interfere with the movements of official steam-launches. An anchorage for such craft will be marked out by the deputy near the old custom-house, and in a broad part of the creek; and, within this anchorage, these vessels shall anchor in order, those from each locality together, ten vessels forming a tier, and each block being composed of several tiers, space being left between the tiers sufficient to avoid danger from collision, all of which shall be determined by the deputy, and violations of this rule shall be investigated by the deputy.

7. Sea-going vessels, or river craft, upon entering the jurisdiction of the harbor office, shall be directed where to anchor by a person sent from the office, and shall not be allowed to anchor at will. Ship captains who venture to disobey this rule will be summoned for examination. Ferry-boats and cargo-boats have their regular jetties and an officer who superintends them. They may proceed, as heretofore, without the interference of the harbor office; and small craft which are able to lie along the bank may fasten at such points as they please.

8. A person thoroughly conversant with the river and the varying depth of the water at the two daily tides, the shiftings of the sand-bars, and the currents, shall be directed by the harbor office to make a survey and chart of the stream, which shall be published by the office for the information of the ship captains. Points where shoals interfere with the passage of vessels shall be marked with bamboos, so as to be seen by all, in order to avoid them.

9. At Yang Chia-tû, upon the east bank of the river, are several mow of vacant land used for the deposit of mud, stones, and rubbish. A post shall be set there by the office as a mark, and if vessels have ballast on board or residents have rubbish, it must be transported by boat to this point for deposit. If, in violation of this rule, any persous throw earth, stones, or rubbish into the creek, they shall be fined, according to the size of the vessel, from tael 1 up to taels 12. If any are obstinate and refuse payment of the fine, they shall be dealt with by the district magistrate, and be punished with the bamboo or cangue, and the fine shall be paid to the harbor office. 10. The harbor office shall be provided with four police boats, which shall have charge of the lines marked as above stated, direct vessels where to anchor, watch against the throwing over of ballast by vessels and the clandestine building of jetties, &c. If violators of these rules are discovered, they will be reported to the harbor office for examination, but in order to avoid difficulties, the guard-boats will not make arrests or inflict fines. If they violate this provision they will be severely dealt with.

11. Captain Shen Chun Shan has four gun-boats patrolling the Whangpoo, in connection with the transportation of rice and other commodities. But his vessels are few and their duties excessive. If two vessels were withdrawn from him for the harbor office it would interfere with other official work. Captain Shen should, however, assist the harbor deputy in guarding the creek and keeping order. If at any time there is a need of additional gun-boats they may be detached from Captain Shen's command, in order to avoid overlooking any interests.

12. The small steam-launch and the sampans which cruise about the harbor in order to save life, on occasions when the high wind and the rapidity of the tidal current interferes with the passage of craft, or causes them to drag anchor and come into collision or capsize, and which are used also as police-boats, shall, inasmuch as the four police-boats provided for the harbor office may be insufficient for their duties, also aid the harbor deputy in the performance of his duties, and so add to his force.

13. The number of ferry-boats at Shanghai is very great, and the intendant has a deputy who has control of them. Their owners plying all the year upon the Whangpoo, are fully acquainted with the stream; and as it is to be feared that the four police-boats will not be sufficient for the berthing of vessels, &c., a suitable ferryboat shall be selected and detailed to assist, and the harbor office shall make a suitable payment to the owners of this boat. Wang Chao Chi, an expectant district magistrate, has been for years in charge of the ferry-boats, and is fully informed as to the harbor; he shall be called upon to assist the harbor deputy, and if additional ferryboats are needed at any time, he, from his more intimate acquaintance, shall choose them.

14. Craft within the jurisdiction of the harbor office which fail to comply with these regulations, sailors who create disturbance, or vessels which may be suspected of being engaged in robbery, shall be dealt with by the harbor deputy, who shall send an officer from the district magistrate's yamên, with a gun-boat, to make arrests and to take the offenders to the district magistrate for punishment.

15. Employés of the harbor office, or the persons on board the police-boats, gunboats steam-launches, &c., shall not be allowed to extort money from the inhabitants. Complaints of the violation of this rule may be made at the harbor office, and the offenders will be severely punished.

16. The upper district of the Whangpoo, thus put under the control of the harbor deputy, shall be conterminous with the lower district, which has been placed under the control of the harbor master (customs). In matters which concern both districts the harbor deputy shall, as occasion requires, consult with the harbor master, and shall act conjointly with him, in order to avoid any obstructions to navigation. Although the harbor deputy and the harbor master has each his own district, they shall act in concert to secure the interests of the public service.

The foregoing sixteen regulations have been decided upon after consideration of the present situation, and the deputy, Chang Chih Chun, the police magistrate, Wû, and the Shanghai district magistrate, Mo, have been directed to establish the harbor office and put the regulations into operation. Other matters, if any, which have not been provided for, may be made the subject of further consideration. Respectfully submitted.

[Inclosure 4 in No. 544.]

Minute of conversation at the foreign office, December 18, between the ministers Tung-WangChing, Chung, and Mr. Holcombe.

Mr. Holcombe, referring to his previous visit, informed the ministers that he had been requested to say that the diplomatic body had examined the sixteen rules for the conservancy of the Upper Whangpoo River, that these rules met with their ap

proval, and that in case the foreign office would address to each of the representatives a letter, in terms similar to the draft which Mr. Holcombe was requested to submit to them, a response in approval would be received from each.

The ministers, after reading the draft, stated that they would consider the matter, and would send a dispatch, either in the form or the general sense of the draft submitted.

PEKING, December 18, 1879.

CHESTER HOLCOMBE.

No. 142.

No. 557.]

Mr. Seward to Mr. Evarts.

LEGATION OF THE UNITED STATES,

Peking, January 12, 1880. (Received March 15.) SIR: The following imperial decree was published on the 2d of this month:

Chung How, senior member of the censorate, who, in obedience to our commands, went as our minister abroad, having presumed, without awaiting our permission, to return to the capital, let him, in the first instance, be handed over to the board of civil office to be severely dealt with, and be deprived of office pending the decision of the board.

Let the convention which he has made, together with the several papers in regard to the matter sent up by the foreign office, be made the subject of further consideration and of a memorial by a council composed of the members of the Grand Secre tariat, the six boards, the nine lower courts, the Han-lin, and the censorate.

Respect this.

Chung How, the minister so dealt with, went to Russia at the end of 1878 to open negotiations for the return to China of the province or district of Kuldja and the "convention" is the treaty which he made with the Russian Government.

This decree has attracted great attention here, as it will elsewhere. The minister in question was a member of the foreign office when appointed to go abroad. He was the superintendent of trade at Tientsin fifteen years ago, and was present in that city as such officer when the massacre of 1870 occurred.

He was sent to France thereafter to express the regrets of this gov ernment for the massacre. His mission was successfully performed, and

upon his return he became a member of the foreign office.

In 1876 he was sent to Manchuria to take the command of that extensive and important region, and remained there until summoned to go to Russia.

He is a Tartar, and esteemed a man of unusually large experience and of great discretion. He bears the reputation of being almost overcautious, even for a Chinese official.

We are bound, of course, to accept the declaration that Chung How left Russia without permission. He was on a special mission, however, and had made a treaty. He may have regarded his work as done. His intention to return was known here months ago, in good season, if I am not mistaken, to permit of his being instructed by telegraph to remain at his post. He arrived at the capital on the afternoon of the day when the decree appeared.

The offense of a minister who leaves his post without permission may be regarded as serious, but it is unlikely that Chung How would have received anything beyond a reprimand had his treaty been considered satisfactory. As it is, those who are familiar with Chinese political life cannot lose sight of the fact that one minister who was concerned in for