§ The Earl of Clarendonsaid, he should take that opportunity to ask the noble Lord, the Secretary for Foreign Affairs, some questions with reference to one or two points connected with the Treaty recently entered into with the Chinese—an explanation respecting which would render that important document complete and intelligible. That Treaty was, he thought, one of the very utmost importance, and it ought consequently to be well understood. Under that Treaty they were about to enter on anew field of commerce—under that Treaty they looked forward to a great intercourse of trade; and, as much of its success must depend on a strict adherence, on our part, to the terms of that Treaty, and the condition by which their future intercourse with the Chinese was to be regulated, it was essential that no misunderstanding should exist. And this was equally 264 important also to foreign nations, who would in all probability be expected by the Chinese government to adhere to the whole of the regulations entered into by us. He was sure that their Lordships had heard with great satisfaction the declaration contained in the Speech delivered by Her Majesty at the opening of the Session, in which Her Majesty stated, that in her negotiations with China, she had "uniformly disclaimed a wish for any exclusive advantages;" and that it had been Her Majesty's desire, "that equal favour should be shown to the industry and commercial enterprise of all nations" with China as that which was granted to us. And their Lordships had no doubt understood from that announcement, that Her Majesty's desire had not been expressed in vain; and that in future the commerce of China would be opened to all countries. But there was no evidence in the Treaty then before their Lordships to prove to foreign countries that this was the case. British subjects, British ships, and British commerce were alone adverted to; and he looked in vain for any proof of those liberal feelings towards other countries which Her Majesty had expressed. He had no doubt the noble Lord would be able to inform their Lordships, that this was owing to some accidental omission or temporary delay, but it was desirable that no misapprehension even for a moment should rest upon a transaction which reflected so much honour upon this country, and established such an important principle of free competition for the whole world, in that which might possibly become the greatest market of the world, under a tariff so wise and liberal as that which the Chinese had adopted with respect to our manufactures, and the benefits of which would probably be extended to the produce of other countries, For this candour and liberality, and all the advantages they would derive from it, the Chinese were of course indebted to the instructions given by Her Majesty's Government to the eminent and enlightened officer by whom the Treaty had been negociated; and he was sure they could make us no better return than by undertaking to frame a tariff for us upon the same model as the one they had just accepted at our hands, and infusing into our commercial legislation the same spirit that would henceforth animate their own. The regulations appeared to him to be framed most carefully with a due regard to the customs of the Chinese, and with a view to prevent those insults and frauds 265 on their side, and the quarrels and disorders on ours, by which the intercourse between the two nations had been so frequently interrupted. These regulations, he apprehended, must be considered as part of the Treaty, equally binding with and having the same force as the Treaty; because in the second article of the Treaty they were referred to, and thus formed an integral part of it. But as this was no where positively affirmed, it was desirable to know that they were so understood and intended by Her Majesty's Government, whether British subjects were bound to obey those regulations, and whether Her Majesty's representatives in China had authority to enforce those regulations, as a portion of the Treaty engagements between the two countries? Some of those regulations were of a very stringent character, and they ought to be well known in this country, because on their due observance depended perhaps the continuance of our peaceful intercourse with China. The third regulation, respecting masters of ships, provided for the imposition of various fines for different offences. One of them imposed a fine of 500 dollars, and the confiscation of the whole cargo for unlading without a proper permission being first given; but nowhere did he find it stated, in these regulations, by whom or how these fines were to be levied, nor how they were to be applied. The next question he wished to ask, referred to the thirteenth regulation, which was one of the most important of the whole Treaty; but which did not appear to him to be expressed with sufficient clearness. It said, "Regarding the punishment of English criminals, the English Government will enact the laws necessary to that end." It had been stated, that Her Majesty's Government had framed a code of laws for this purpose, and the public should be made aware from authority if the fact were so; and therefore he wished to ask, whether Her Majesty's Government had drawn up any code of laws for the punishment of British criminals in China, in fulfilment of the regulation, and, if not, when those laws would be framed and in force? as it might be of urgent necessity, that Her Majesty's representatives in China should be empowered to enforce the provision of this regulation as early as possible. He wished also to know, whether, when the code was framed, all the consuls at each of the five ports where British subjects are now permitted to trade, were to have the 266 power of executing and carrying into effect those laws, or whether that duty was to devolve only on the Consul-general or chief authority at Hongkong? The fourteenth regulation was the next to which he would refer, which was to the effect, that an English cruiser would anchor at each of the five ports that were now opened to us in China. He regarded this as a wise regulation, and necessary for upholding the power of the consul, as well as for keeping the Chinese authorities in check. He hoped, therefore, that the provision would not be of a temporary but permanent character, and as for the expense, he was sure it would be well bestowed, and he thought that money applied for the maintenance of peaceful relations between the two countries, would never be grudged by the people of England. He found it stated in the fifteenth regulation, that the British consul would henceforth be security for all British merchant ships entering any of the five ports; but it did not appear whether this meant security for the good conduct of the ship's company or for the payment of the duties to the Chinese Government; but whether it was the one or the other, he could conceive circumstances under which this security would place the consul in a position of considerable embarrassment. These were the questions he had to ask of his noble Friend. He was afraid that he had somewhat exceeded in length what the notice he bad given might have led his noble Friend to expect, but these doubts had occurred to others as well as to himself, and he was anxious that no misapprehension should exist respecting a Treaty, which would not fail to produce satisfaction throughout Her Majesty's dominions.
§ The Earl of Aberdeensaid, the regulations to which his noble Friend referred had been drawn up jointly by Sir H. Pottinger and the Chinese Commissioners, and therefore, certainly might be taken as a part of the Treaty. First, with respect to the punishment of criminal offences, two bills had been passed in the course of last Session—the Chinese Courts Bill, and the Foreign Jurisdictions Bill, by the operation of which Her Majesty's Government were empowered to frame laws for this purpose, and to carry them into execution. The governor and council of Hongkong had been accordingly empowered to frame laws for this purpose, and under one or both of these acts the governor of Hongkong would appoint persons to carry out the regulations, and it was intended that at 267 each of the five ports the consuls should execute the regulations applicable to each port. With respect to the presence of a British cruiser at each of the ports, he quite agreed with his noble Friend, that it was a regulation of the greatest importance; but he did not wish to be understood to say, that at no time should any port be without a British cruiser anchored there, but no port should be long without, and he trusted that each port would always have one, except when the exigencies of the naval service might require their temporary absence. The 15th clause certainly did present some difficulties, which he was not surprised that his noble Friend had misunderstood. During our former intercourse with China, as noble Lords would remember, the Hong merchants gave security to the Chinese Government for the payment of the duties. That body no longer existed, and the question, therefore, when this Treaty came to be settled, was, how the security to the Chinese Government was to be given? It was done in this manner—there was not a direct pecuniary security on the part of the consul; but if his noble Friend would refer to the third regulation, he would find it provided, that
Whenever a British vessel shall have cast anchor at any 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. The consul, having taken possession of the ship's papers, will immediately send a written communication to the superintendent of customs, specifying the register tonnage of the ship, and the 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.When the Chinese officer at the port was satisfied with the payment of the duties he would grant the port clearance, which being shown to the consul, the captain would have his papers returned to him, and the ship would then, but not till then, be ready to sail. The consul, therefore, would incur no pecuniary responsibility, but would exercise that degree of authority which would practically give security for the duties to the Chinese government. He begged to say, with respect to the principle which had actuated Her Majesty's present Government in their negotiations with the government of China, that it had always been their desire; that the privileges ac- 268 quired by this country should be extended to all nations alike. It was true, that did not appear in this treaty, but Sir H. Pottinger was aware from the first of the desire of Her Majesty's Government on the point, and a Supplementary Treaty had been signed by Sir H. Pottinger and the Chinese Commissioners, in which he had no doubt the clause had been inserted, although it had not been transmitted to this country. Sir H. Pottinger had undoubtedly done his work very well, but he was not quite a diplomatist, and had been somewhat unmethodical in his communications with the Government at home. For this reason, though Sir Henry had written to say, that the Treaty had been signed, he (the Earl of Aberdeen) could not undertake to say, that the article would be found in it, though he had reason to believe it would. They all knew, by a proclamation of the Chinese government, that the tariff had been extended to all nations, and that this had been done by an edict of the Chinese government. To show how justified was Her Majesty in declaring what had been our principle with regard to these negotiations, he had only to quote a paragraph from one of the first of his communications to Sir Henry made early on his coming into office. On the 4th of November, 1841, Sir Henry was told, that a secure and well regulated trade was all that the Government desired, and that he should constantly bear in mind, that we sought for no exclusive advantage, and demanded nothing which we were not willing to see enjoyed by the subjects of all other states. With that knowledge in his possession at so early a period, it was exceedingly probable, that there might be an article to that effect in the Supplementary Treaty. As soon as that Supplementary Treaty arrived, it would be laid before the House, and he trusted that it would be found to be as satisfactory to their Lordships and the public as the original Treaty would be.