The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-12
INTERESTING FROM CHINA.


chants and the American Commissioner.
Prom the Gazette supplement to The China MaH
September 20
SHANGHAI Sept. IL, 1883
70 HH Uu1IKsoY HUMPHREY MARSHALL UNITED STATES COZ
MISSIONER TO CHINA.
SR-We the undersigned American merchants re
siding Ia Shanghse, beg leave to submit the following
communication. We have received official circular,
dated 9th instant published several days ago in the NEW
YORK HIRA1D) from the gni cd atss Vice Cons a. con-
tanning certain ruks aud regulations respecting the
ainnent and collection of the custom duties upon
our trade at this port Although it is stated In said CIR
euar that these rules and regulations have the entire
APPROVAL Of Exceency yet they appear to be
eve to be the province duties of the United States
Couiu that We beg to appeal from the said Consul to
your Excesncy and submit some of our reasons for
this appeal In the hope that ~ reconsideration,
give instructions to the Consul to modify the rules which
he has issued.
We beg respectfully to FAY to your Excelency that
while with intend to be and loyal citizens Of
the United States, abroad well ct home to DAY
Al due honor TO the officers and obedience to the reu
athens Of our government cannot quietly submit to
10 the subjects Of arbitrary power and therefore
protest against these Consular DEGREES
sncs to the existing state Of things this port It il
manifest that the power Of the Emperor Of China with
whom our country Ia. treaty. com pleey overturned
thereof not only there officers to attend to the COL
LECTION of the Customs. bat the absence of ell the Impsr
a Of from this port and vicinity, ious n
Jury to our trade In every respecthe coming prod
to the port is soppsd-hsrs is literally no sale ct eli for
ports and the cost Of creating funds even for the
mail quantity Of produce now here is enormous. As ali
this injury arises f the inability Of the Chinese govern
Esnt to maintain ts power here appears to sspsci
ally hard, that while We must endure all the evils
ahoud be prevented from reapng any the advantages
Of our position. We think that BY oonsruo-
for the Emperor while his own officers are not here to
collect them that he bound by the principle Of
uction to bility for the injuries which We
tain from the same eause-hence while the Emperor Is
not held responsible for the one why should We be made
liable for the ether2
We that payment Of duties according to the
condition " m al Tn
trade in China and that the tariff part Of the treaty
but does net the treaty at the same time obge the EN-
Perer to protect when peaoeably attending to
adairsp Where is that protection nsw?" II the Chinese
government fail to comply with Its part of the compact
either by intent or from inability, why should we be DOM.
We believe that in the present lapse Of legal au-
thorty thiA port be,omes for the time bng port
and it certainly would be to now not for
the presen'e OF the officers of our government.
Such are our opinions, whiah respectfully submit.
We BY no cans presume to constitute ourselves judges
b the matter, but must look your Exceency for de-
cision. We do not wish to evade the payment of any
just claim upon under the treaty or such as our 20
vsrnmsnt in its wisdom should ses 1t to sanction.
your ExcelIency should decide that view OF the
existing state Of things as above given ia wrong and
oy Of admitted demand from the imperial
for he duties upoa the business being transacted,
We trust you will different code of rules to be
ssusd for quiz than those which have appeared
In the consular circular of u 9th inlt
We have objections indeed to all these but leaving the
LIST and a. We beg to call special attention to the Sd
rule, which dsmAnds" the pro- ucton of any paper or
dceum ntGy evidence " the Consul may SO. 6t to re
quire" Nov we think your Excelsncy will readily ap-
prehend the aversion which we natu rally Rave t. submit
al commercial documents to the inspection Of rival
merchant. who would thereby have Insight into all
our trsr actions, whit his hidden in that pri
vscy which ell desire for ourselves, and which, at
times is of mpor to q successful result We there
fore big that this rule he entirely expunxed.
IN reference TO the 4A rule beg to say, that we do
not see good reason why should be obliged to act
for others We think that the duties which this rule
prescribes, belong especially to " Collector of Customs;
and We know Of no warrant under which the Consul
erjoin them upon
We think Chat responsibility should rest upon us
except for trapssctons that should be liza
only for the dates upon our own imports and exports
upen the block Of the chip to eur Consignment
neither the ship Ourselves should be held
Tor the duties upon the In ports and exports Of other
parties beyond that of gviog memo. for the bills Of
ladpa.
We therefore beg that this rule may also be
exgurged.
ts 6st requisitop viz athIt of the payment OF silver
into the Consular office that protest the strongest
manner against its application to The practical ope
ration of this would In fact, be nothing than the
SevyiDg heavy contribution at enormous sacrifice upon
all the American merchants here to supply the treasury
or an indefinite peroa Of their brother merchant who
ID respect to the latter clause Of the 9Th rule We beg
70 suggest that In place thereof we be require to give
written obligation payable to the legal repre- entatve
OF the Emperor for the amount of the duties due upon
our several transactions said amount tn be paid forty
days after due notice Ia given to that the ufment OF
this obligation demanded by the Emperor and this de-
mand is sanctioned by our Government
The manner In which the accounts Of this obligation
Are to be ascerained, must OF be prescribed by
Our government officers but earnestly hope that your
hxceency will avsraby consider objections to the
kue ely issued by the Consul and others TO
b substituted.
AS some of the foregoing remarks appear to reflect
upon the Consul we wish fully to discaim AL intention of
any invdious reflections upon him personality but we
desire to call the especial attention Of your to
our strong objections to- the system which soners such
high powers and judicial authority upon rival ,hant
tain the coed faith and honor Of in its
treaty relations with the Emperor of China that IL is Also
your Intention and pleasure at the same time TO foster
and protect the interests Of your countrymen who are
residing in this distant empire far you consistently
can. We have therefore, venturod to make this com
catlop Of opinions to your sxcellency trusting
that you will make due allowance for the defects In the
expression Of than will give them your favorable con-
side alton and honor With early reply We remain
with high rerrsot your lencys most obedent SER
wants, Smith, KING co.
WKrM0RE h CO.,
AUGUSTINE HEARD CO..