26 HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 27 confiscation of the borrower's property;that hong merchants must settle attended by greater risks;firstly,to the speculators,mostly private foreign all accounts before the return of the ships concerned;that only registered merchants,who obtained advances chiefly from India at low rates of linguists and compradores were at liberty to enter the service of foreigners; interest,which they lent to the security merchants at high rates;and, permission to engage any other servants must first be obtained from the secondly,to the security merchants themselves,who could not conceal magistrate;(4)that the hiring of letter-carriers by foreigners to convey from the officials these accessions of capital,and who in consequence were communications inland for any purpose was strictly forbidden;should bled unmercifully.The result was one bankruptcy after the other,and a foreigner desire to send any such communication it must be submitted as the cohong was regarded as responsible for each of its members,the to the higher officials who would decide on its necessity or advisability; more solid and better conducted members grew weary of the misdoings and (5)that in order to control the rowdy crews of the foreign ships and folly of their unfortunate colleagues.To the joy of the council of anchored at Whampoa the regiment of soldiers stationed there would be supercargoes and of the Court of Directors,the senior member of the reinforced,and these guards would be maintained there till the cohong,Puan Khequa,in 1771,secured its dissolution in return for a departure of the ships.The year 1760,too,sounded the death knell of donation to the officials of Tls.100,000,a sum which the Company the hopes of all foreign traders at Canton that the cohong,or "pernicious subsequently made good to him For almost a decade the cohong was association"-as the Company's supercargoes now dubbed it-could be once more in the background,but its withdrawal behind the scenes did broken up.At the very opening of the season the hong merchants refused not put an end to the speculators.On the contrary,both usury and rash to enter into individual contracts,and although the British,the Dutch, trading flourished.The inevitable crash came in 1779,when out of eight and the Swedes joined forces in attempting to disintegrate the coalition, security merchants four were either bankrupt or hopelessly involved, they had to bow to the inevitable and accept defeat.The hong merchants while the total outstanding debt to foreign traders was in the neighbour- were too much in dread of the officials to risk taking individual action; hood of four and a half million dollars. but,with the Hoppo's approval,they were willing,as individual members of the cohong,to enter into trade contracts on the distinct understanding The creditors in India grew alarmed,and in answer to their that such contracts,though signed and sealed by the individual,were on representations Rear-Admiral Sir Edward Vernon dispatched H.M.S. behalf of the cohong which alone would have the right to determine frigate Sea Horse,under Captain Panton,to deliver in person to the prices for all comers,and which alone would have the responsibility for Viceroy and the Hoppo addresses from him'on the matter.The council all transactions,the money involved to be carried to the general account of supercargoes made frantic efforts to dissuade Captain Panton from of the cohong,while the individual merchant,carrying out the deal on carrying out his mission,urging that the outcome would be a revival of the cohong's behalf,was to receive five per cent for his trouble.Another the"pernicious monopoly,"and a certainty of embarrassment to the East petition to the Viceroy that the cohong be dissolved brought the tart India Company.But the Captain was not to be dissuaded.He carried reply that it was no concern of the foreign traders whether the security out his orders,and presented the Admiral's addresses in person to the merchants were formed into a combine or not;any dispute about prices Viceroy and the Hoppo.The matter was referred to Peking,and the could always be referred to the Viceroy,while the foreigners,if not upshot,as the council of supercargoes had anticipated,was an Imperial satisfied with a tolerable profit on their goods,were reminded that they edict by virtue of which the cohong of security merchants was re- were under no obligation to bring them to China.As a new Viceroy established more firmly than ever,as it now could claim Imperial was under appointment the Company's Court of Directors,in a last effort, protection.In future,all foreign trade was to pass through their hands, instructed Captain Nicholas Skottowe of the Royal George to obtain an and prices were to be agreed upon by them in consultation;they were audience with His Excellency,and to protest against the grievances to be responsible for the conduct of foreign traders,and to see that all suffered by the Company.Audience was refused,while his memorial, government orders were duly carried out;and they were from now on submitted in the summer of 1761,was not replied to till January of the to be the sole medium of communication between the government and the year following.That reply was uncompromising;Mr.Flint was a criminal foreigners.To liquidate debts to foreign traders,past and future,a fund and could not be released before the expiry of his sentence;the fixed was to be created by a direct levy of three per cent on all foreign trade, gratuity of Tls.1,950 on each ship,and the other fees complained of,were to be known as the Consoo (i.e.Kung-so)fund,and this fund was to be all paid to the Imperial Treasury,and could not be abolished;the cohong administered by the re-established cohong. of security merchants was to continue unchanged;and the supercargoes were permitted to see the Hoppo when their affairs required it. For over sixty years-from 1780-the cohong system,which was now practically a State established monopoly,regulated the trade between The monopolists of Europe were now confronted with the China and the outside world,and when it came to be abolished by the monopolists of China-although the latter as yet held no State charter,- treaty of Nanking in 1843 its passing was bewailed as a calamity by many and the Europeans did not relish the situation.They prophesied dire of the trading descendants of the men who had so bitterly denounced its disaster predicting that in a few years the cohong's terms would be too formation.As a matter of fact,the system suited the conditions of the time; exorbitant and too disadvantageous to allow the continuance of trade. and even though it was shamelessly abused by the officials as a means of The after events belied their fears.Trade went on,but its progress was fleecing the security merchants,it should be remembered that monopoly
26 HART AND THE CHINESE CUSTOMS . confiscation of the borrower's property; that hong merchants must settle all accounts before the return of the ships concerned; that only registered linguists and compradores were at liberty to enter the service of foreigners; permission to engage any other servants must first be obtained from the magistrate; (4) that the hiring of letter-carriers by foreigners to convey communications inland for any purpose was strictly forbidden; should a foreigner desire to send any such communication it must be submitted to the higher officials who would decide on its necessity or advisability; and (5) that in order to control the rowdy crews of the foreign ships anchored at Whampoa the regiment of soldiers stationed there would be reinforced, and these guards would be maintained there till the departure of the ships. The year 1760, too, sounded the death knell of the hopes of all foreign traders at Canton that the cohong, or "pernicious association"-;;t.s the Company's supercargoes now dubbed it-could be broken up. At the very opening of the season the hong merchants refused to enter into individual contracts, and although the British, the Dlitch, and the Swedes joined forces in attempting to disintegrate the coalition, they had to bow to the inevitable and accept defeat. The hong merchants were too much in dread of the officials to risk taking individual action; but, with the Hoppo's approval, they were willing, as individual members of the cohong, to enter into trade contracts on the distinct understanding that such contracts, though signed and sealed by the individual, were on behalf of the cohong which alone would have the right to determine prices for all comers, and which alone would have the responsibility for all transactions, the money involved to be carried to the general account of the cohong, while the individual merchant, carrying out the deal on the cohong's behalf, was to receive five per cent for his trouble. Another petition to the Viceroy that the cohong be dissolved brought the tart reply that it was no concern of the foreign traders whether the security merchants were formed into a combine or not; any dispute about prices could always be referred to the Viceroy, while the foreigners, if not satisfied with a tolerable profit on their goods, were reminded that they were under no obligation to bring them to China. As a new Viceroy was under appointment the Company's Court of Directors, in a last effort, instructed Captain Nicholas Skottowe of the Royal George to obtain an audience with His Excellency, and to protest against the grievances suffered by the Company. Audience was refused, while his memorial, submitted in the summer of 1761, was not replied to till January of the year following. That reply was uncompromising; Mr. Flint was a criminal and could not be released before the expiry of his sentence; the fixed gratuity of Tls. 1,950 on each ship, and the other fees complained of, were all paid to the Imperial Treasury, and could not be abolished; the cohong of security merchants was to continue unchanged; and the supercargoes were permitted to see the Hoppo when their affairs required it. The monopolists of Europe were now confronted with the monopolists of China-although the latter as yet held no State charter,- and the Europeans did not relish the situation. They prophesied dire disaster predicting that in a few years the cohong's terms would be too exorbitant and too disadvantageous to allow the continuance of trade. The after events belied their fears. Trade went on, but its progress was 27 attended by greater risks; firstly, to the speculators, mostly private foreign merchants, who obtained advances chiefly from India at low rates of interest, which they lent to the security merchants at high rates; and, secondly, to the security merchants themselves, who could not conceal from the officials these accessions of capital, and who in consequence were bled unmercifully. The result was one bankruptcy after the other, and as the cohong was regarded as responsible for each of its members, the more solid and better conducted members grew weary of the misdoings and folly of their unfortunate colleagues. To the joy of the council of supercargoes and of the Court of Directors, the senior member of the cohong, Puan Khequa, in 1771, secured its dissolution in return for a donation to the officials of Tls. 100,000, a sum which the Company subsequently made good to him! For almost a decade the cohong was once more in the background, but its withdrawal behind the scenes did not put an end to the speculators. On the contrary, both usury and rash trading flourished. The inevitable crash came in 1779, when out of eight security merchants four were either bankrupt or hopelessly involved, while the total outstanding debt to foreign traders was in the neighbourhood of four and a half million dollars. The creditors in India grew alarmed, and in answer to their representations Rear-Admiral Sir Edward Vernon dispatched H.M.S. frigate Sea Horse, under Captain Panton, to deliver in person to the Viceroy and the Hoppo addresses from him on the matter. The council of supercargoes made frantic efforts to dissuade Captain Panton from carrying out his mission, urging that the outcome would be a revival of the "pernicious monopoly," and a certainty of embarrassment to the East India Company. But the Captain was not to be dissuaded. He carried out his orders, and presented the Admiral's addresses in person to the Viceroy and the Hoppo. The matter was referred to Peking, and the upshot, as the council of supercargoes had anticipated, was an Imperial edict by virtue of which the cohong of security merchants was reestablished more firmly than ever, as it now could claim Imperial protectiou. In future, all foreign trade was to pass through their hands, and prices were to be agreed upon by them in consultation; they were to be responsible for the conduct of foreign traders, and to see that all government orders were duly carried out; and they were from now on to be the sole medium of communication between the government and the foreigners. To liquidate debts to foreign traders, past and future, a fund was to be created by a direct levy of three per cent on all foreign trade, to be known as the Consoo (i.e. Kung-so) fund, and this fund was to be administered by the re-established cohong. For over sixty years-from 178o-the cohong system, which was now practically a State established monopoly, regulated the trade between China and the outside world, and when it came to be abolished by the treaty of Nanking in 1842 its passing was bewailed as a calamity by many of the trading descendants of the men who had so bitterly denounced its formation. As a matter of fact, the system suited the conditions of the time; and even though it was shamelessly abused by the officials as a means of fleecing the security merchants, it should be remembered that monopoly
HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 29 and venality were not confined to China.Politically,socially,and com- when a vessel was measured so as to provide the Hoppo with the certified mercially China was isolationist;foreign traders were intruders,and some data required for calculating the measurement fee;the examination of of them or those associated with them had too often shown themselves to be goods for import or export was supervised by a linguist,and here he was truculent and lawless in their conduct.Their trade was desirable for the required to make out detailed lists in order that the correct duties could profit it brought,but what was not desirable were the never-ending dis- be assessed;before the clearance of a vessel it was the linguist who had to putes,and the danger of Peking throwing the blame for such on the Canton furnish the Hoppo with all the receipts certifying that the import and officials.The cohong was now a protective device placing the security export duties,as well as all other charges,had been duly paid;and it was merchants as a shield between the officials and the troublesome foreigners. he who received from the Hoppo the grand chop,or port clearance,for From now on it was the security merchants in the cohong,not the officials, transmission to the supercargoes of the vessel concerned.It was the who were to bear the brunt of the foreign traders'demands and linguist,too,who procured permits for foreigners wishing to make a trip complaints;who were to convey to these traders all official decisions and to Macao,or to go on a pleasure excursion on the river,or to the flower orders;who were to be sureties for the payment in full and on due dates gardens,or to the Buddhist temple at Honam.On these pleasure trips a of all customs dues,fees,and gratuities payable by these traders;who linguist was always supposed to be present to act as interpreter,and to could be made the scapegoat for foreigners'misdemeanours;and who see that the foreigners did not get into trouble.Any government were a standing reminder to the foreigners that it was only by the proclamation referring to the affairs of the factories,or to the vessels at Emperor's favour that foreign trade was permitted,and that the enjoy- Whampoa,was taken round by a linguist to each factory and translated ment of that permission conferred no rights. for the benefit of those for whom it was intended.To compensate them The number of security merchants in the cohong varied from time to for their work each vessel anchoring at Whampoa had to pay a fee of time.In 1720,when it first appeared as a ring to control prices,it was S350,and they also enjoyed a commission on the hire of every cargo boat intended that there should be sixteen members to begin with:on its employed in conveying merchandise to and from the ships at Whampoa. revival in 1755 there were only ten,and in 1780-the year of the bank. As China,during the eighteenth and the early part of the nineteenth ruptcies,when the cohong received the blessing of the State-there were century,was not in treaty relations with any country except Russia-the eight.After that their number was increased to twelve,at which figure nationals of which were not permitted to trade at Canton-there were at they stood in 1807.Twenty-two years later they counted a baker's dozen, Canton during that period no officially recognized representatives of the and at that figure they remained till the treaty of Nanking.They had governments whose subjects frequented that port for trading purposes.It to pay smartly for their licences,in some cases as much as Tls.200,o00; would not have fitted in with the Chinese political theory of the time to but considering the opportunities that such a licence provided for acknowledge the presence of such representatives.China was the supreme acquiring almost fabulous wealth,the fee was not excessive.Howqua-a State and all other nations were tributary to her.Official representatives, man of remarkable business ability,and of boundless generosity-the therefore,of such nations coming to China could not be accorded chief security merchant in 18g4,estimated his fortune to be then well recognition on a basis of equality:they might come as tribute-bearers over six million Pounds,and that,too,in spite of ceaseless compulsory and having performed their duty as such,be permitted to depart with, benevolences.This heavy licence fee,moreover,as well as the knowledge or without,tokens of the Imperial favour;but the fixed residence of that constant contributions for both private and public purposes would official representatives of these tributary nations,to be recognized as be levied on them,served as a deterrent to undesirable applicants.The entitled to deal with Chinese officials on an equal footing,was not to be result was that in general the cohong was composed of men of commercial thought of.All the same,there were foreign consuls in China,even in sagacity,good standing,and tried ability in business."As a body of pre-treaty days,but they were consuls only in name,and enjoyed no merchants,we found them honourable and reliable in.all their dealings, recognition whatsoever as consuls from the Chinese.When the English faithful in their contracts,and largeminded." were at Chusan in 1699 the president of the Company's council for China To aid the merchants in their dealings with supercargoes as regards held the King's commission constituting him His Majesty's Consul. the customs affairs of the supercargoes and their ships,the Hoppo General;but even his own countrymen soon found that his powers as licenced,for a consideration,some half-dozen clerks,who went under the such could not protect them against the Chinese.The experiment was name'of linguist,"so called,as it used to be remarked,because they knew not a success;and when it was proposed at the time of the Macartney nothing of any language but their own !"s Their medium of mission(1792)that there should be a consul at Canton,the proposal was communication with the foreigners was "pidgin"(business)English,a not welcomed by the Company.After the dissolution of the French jargon of English,Portuguese,and Indian words,often in corrupt form, Compagnie des Indes in 1770,and on the withdrawal of the council of spoken in the order in which a Chinese would use his own language and that company,the King of France in 1776 appointed a consul,with without any regard to the grammatical rules of any of the languages of residence at Canton,to look after French commercial interests.Ten years which it was composed.It became quite an effective instrument,and later,Samuel Shaw,on his second trip to Canton,came in the joint developed into the Lingua franca of the China coast.The duties of these capacity of merchant and the United States consul.In the same year linguists were varied and responsible.One of them had to be present (1786)a British subject,who as a private merchant had fallen foul of the
28 HART AND THE CHINESE CUSTOMS and venality were not confined to China. Politically, socially, and commercially China was isolationist; foreign traders were intruders, and some of them or those associated with them had too often shown themselves to be truculent and lawless in their conduct. Their trade was desirable for the profit it brought, but what was not desirable were the never-ending disputes, and the danger of Peking throwing the blame for such on the Canton officials. The cohong was now a protective device placing the security merchants as a shield between the officials and the troublesome foreigners. From now on it was the security merchants in the cohong, not the ,?fficials, who were to bear the brunt of the foreign traders' demands and complaints; who were to convey to these traders all official decisions and orders; who were to be sureties for the payment in full and on due dates of all customs dues, fees, and gratuities payable by these traders; who could be made the scapegoat for foreigners' misdemeanours; and who were a standing reminder to the foreigners that it was only by the Emperor's favour that foreign trade was permitted, and that the enjoyment of that permission conferred no rights. The number of security merchants in the cohong varied from time to time. In 1720, when it first appeared as a ring to control prices, it was intended that there should be sixteen members to begin with: on its revival in 1755 there were only ten, and in 1780-the year of the bankruptcies, when the cohong received the blessing of the State-there were eight. Mter that their number was increased to twelve, at which figure they stood in 1807. Twenty-two years later they counted a baker's dozen, and at that figure they remained till the treaty of Nanking. They had to pay smartly for their licences, in some cases as much as Tls. 200,000; but considering the opportunities that such a licence provided for acquiring almost fabulous wealth, the fee was not excessive. Howqua-a man of remarkable business ability, and of boundless generosity-the chief security merchant in 1834, estimated his fortune to be then well over six million Pounds, and that, too, in spite of ceaseless compulsory benevolences. This heavy licence fee, moreov<,'!r, as well as the knowledge that constant contributions for both private and public purposes would be levied on them, served as a deterrent to undesirable applicants. The result was that in general the cohong was composed of men of commercial sagacity, good standing, and tried ability in business. "As a body of mercllants, we found them honourable and reliable in, all their dealings, faithful in their contracts, and largeminded."1 To aid the merchants in their dealings with supercargoes as regards the customs affairs of the supercargoes and their ships, the Hoppo licenced, for a consideration, some half-dozen clerks, who went under the name'of linguist, "so called, as it used to be remarked, because they knew nothing of any language but their own !"8 Their medium of communication with the foreigners was "pidgin" (business) English, a jargon of English, Portuguese, and Indian words, often in corrupt form, spoken in the order in which a Chinese would use his own language and without any regard to the grammatical rules of any of the languages of which it was composed. It became quite an effective instrument, and developed into the Lingua franca of the China coast. The duties of these linguists were varied and responsible. One of them had to be present HART AND THE CHINESE CUSTOMS 29 when a vessel was measured so as to provide the Hoppo with the certified data required for calculating the measurement fee; the examination of good~ for import or export was supervised by a linguist, and here he was reqUIred to make out detailed lists in order that the correct duties could be assessed; before the clearance of a vessel it was the linguist who had to furnish th: Hoppo with all the receipts certifying that the import and export duties, as well as all other charges, had been duly paid; and it was he who received from the Hoppo the grand chop, or port clearance, for transmission to the supercargoes of the vessel concerned. It was the linguist; too, who procured permits for foreigners wishing to make a trip to Macao, or to go on a pleasure excursion on the river,or to the flower ~arde~s, or to the Buddhist temple at Honam. On these pleasure trips a lmgUIst was always supposed to be present to act as interpreter, and to see that the foreigners did not get into trouble. Any government proclamation referring to the affairs of the factories, or to the vessels at VVhampoa, was taken round by a linguist to each factory and translated for the benefit of,those for whom it was intended. To compensate them for their work each vessel anchoring at VVhampoa had to pay a fee of $.250, and they also enjoyed a commission on the hire of every cargo boat employed in conveying merchandise to and from the ships at VVhampoa. As China, during the eighteenth and the early part of the nineteenth century, was not in treaty relations with any country except Russia-the nationals of which were not permitted to trade at Canton-there were at Canton during that period no officially recognized representatives of the governments whose subjects frequented that port for trading purposes. It would not have fitted in with the Chinese political theory of the time to acknowledge the presence of such representatives. China was the supreme State and all other nations were tributary to her. Official representatives, therefore, of such nations coming to China could not be accorded recognition on a basis of equality: they might come as tribute-bearers, and having performed their duty as such, be permitted to depart with, or without, tokens of the Imperial favour; but the fixed residence of official representatives of these tributary nations, to be recognized as entitled to deal with Chinese officials on an equal footing, was not to be thought of. All the same, there were foreign consuls i,n China, even in pre-treaty days, but they were consuls only in name; and enjoyed no recognition whatsoever as consuls from the Chinese. VVhen the English were at Chusan in 1699 the president of the Company's council for China held the King's commission constituting him His Majesty's ConsulGeneral; but even his own countrymen soon found that his powers as SUcll could not protect them against the Chinese. The experiment was not a success; and when it was proposed at the time of the Macartney mission (1792) that there should be a consul at Canton, the proposal was not welcomed by the Company. Mter the dissolution of the French Compagnie des Indes in 1770, and on the withdrawal of the council of that company, the King of France in 1776 appointed a 'consul, with residence at Canton, to look after French commercial interests. Ten years later, Samuel Shaw, on his second trip to Canton, came in the joint capacity of merchant and the United States consuL In the same year (1786) a British subject, who as a private merchant had fallen foul of the
30 HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 31 East India Company's council of supercargoes,who were trying to force into,Chinese.After the deportation of Flint the Company used Mr. him to withdraw from Canton,produced papers to show that he held an Bevan as interpreter until his retirement in 1780.Then followed twenty appointment as consul in China from the King of Prussia.Other private years in which the Company had to fall back on the services of outsiders, merchants,resentful of the Company's interference with them and their notably Monsieur J.C.F.Galbert,the very competent interpreter at the affairs,were quick to perceive the advantage afforded by this form of French consulate.It was not until 1800,when young George Thomas protection,and so,one after the other,Genoa,Poland,Austria,Denmark, Staunton joined the Company as a writer,that they had once more on Sardinia,and Sicilies,and Hanover had the privilege of being consularly their staff a reliable speaker and reader of Chinese.This translating and represented.in Canton by private British merchants.The Netherlands, interpreting staff was still further strengthened in 1809 by the addition too,had a merchant consul,but of Dutch birth;while Sweden had at of Robert Morrison,the translator of the Bible and the compiler of the times a Swede and at times a British subject to hold the post of consul first Chinese English dictionary. for Sweden. In the early days of the trade each ship sent out by the East India Not one,however,of these peacock consuls-no matter how much Company was regarded as a separate venture,and the supercargoes on he might make of his status vis-a-vis his compatriots,or the nationals of board acted independently of their colleagues on any other Company the government whose commission he held-was recognized by the ship.This open competition was found to be unsatisfactory,and in 1715 Chinese authorities as having any official standing.He could deal with all the supercargoes on board Company ships were formed into a council the security merchants,but simply as the chief of an independent trading with a designated chief,all orders,decisions,and accounts being signed firm on precisely the same footing as the supercargoes of a ship.As a rule, by all the members of the council.What,however,was a workable each foreign ship coming to Canton had on board two or more super- arrangement when the number of ships was only four or five was found cargoes,or commercial agents,who as representatives of the company to be unsatisfactory when the number was doubled or trebled. concerned,were empowered to arrange for the sale of the goods conveyed Accordingly in 1779 the experiment was tried of appointing a Select to China,to effect all necessary exchange transactions,and to purchase Committee of three of the chief supercargoes to represent the Company. goods of such nature and quality and at such prices as would ensure a As all its members fell ill and had to return to England the former plan profitable sale on the ship's return home.An efficient supercargo,there- of a council of supercargoes was revived;but in 1786 a Select Committee, fore,had to be a man of recognized business ability,an expert in this time of the six leading supercargoes,was appointed,of whom the deciding on the quality of the goods to be purchased,and something of most senior was chosen to be president and to act as chief and as spokes- an adept in the intricacies of foreign exchange.Each ship had,as a rule, man for the Company in China.Later,the number of the members on only a limited stock of goods for disposal,and was consequently obliged the Select Committee was reduced to three.To ensure continuity of to carry with it the silver required to complete the purchase price of the policy and the keeping of records each year's Select Committee contained goods desired.This silver was in various currencies,Spanish and Mexican as a rule one or two members from the previous season's Committee, dollars,Venetian ducatoons,French crowns,German and Scandinavian while the president might remain in office for a term of even five or six rix dollars and rupees.Chinese prices were in taels,or ounces of silver, years. which necessitated the acceptance of these currencies by weight,not by In the eyes of the Chinese authorities the person to refer to in the count.No two of these currencies were alike in touch,and no two of the various taels in use at the ports of China had the same weight,while case of a dispute involving jurisdiction over the person was the every Chinese ingot of silver in circulation had to be tested for both fine- responsible head of the mercantile community of each nationality. Considering the long period of trade intercourse before the granting of ness and-weight.A supercargo,therefore,in making and accepting payments had to be a wide-awake and reliable arithmetician.At Canton extraterritoriality,and considering the high-spirited nature of foreign from 178o the Szema tael was taken as equivalent to 579.85 grains,and sailors on shore leave in a strange land where strong.liquor was cheap, if a payment was for government account(duties,fees,etc.)the tael of plentiful and vile and where incitements to acts of violence were silver was to be considered as 1,o00 fine,i.e.pure silver,but if for the frequent,the cases of homicide and assault were luckily comparatively few. Few as they were,however,the handling of them bred much ill- purchase of goods it was taken as 94o fine. feeling,and on several occasions almost brought about a crisis.Only the In.the early days of trade,too,it was necessary for the more important instances need be cited here to illustrate the difficulties supercargo to have a:working knowledge of Portuguese,and arising from the Chinese insistence on the strict application by them- in many cases also of French.Until "pidgin"English established selves,and according to their own ideas,of the lex talionis.There was itself acquaintance with Portuguese was a sine qua non as the case in 1778 of the Englishman Scott who was charged at Macao with the only interpreters then available on the China coast were natives of the slaying of a Chinese,but who,although found innocent by the Macao usually Eurasians.As we have seen,the acquisition of Chinese Portuguese courts,was nevertheless handed over to the Chinese was strongly opposed by the mandarinate;but occasionally a French,an authorities who had him executed.There was the case in 1780 of the Italian,or a Portuguese missionary with a sound knowledge of the French sailor on board a British ship who in self-defence killed a language would render assistance in translating a document from,or Portuguese sailor,and who,after hiding for some days in 'the French
30 HART AND THE CHINESE CUSTOMS East India Company's council of supercargoes, who were trying to force him to withdraw from Canton, produced papers to show that he held an appointment as consul in China from the King of Prussia. Other private merchants, resentful of the Company's interference with them and their affairs, were quick to perceive the advantage afforded by this form of protection, and so, one after the other, Genoa, Poland, Austria, Denmark, Sardinia, and Sicilies, and Hanover had the privilege of being consularly represented. in Canton by private British merchants. The Netherlands, too, had a merchant consul, but of Dutch birth; while Sweden had at times a Swede and at times a British subject to hold the post of consul for Sweden. Not one, however, of these peacock consuls-no matter how much he might make of his status vis"a-vis his compatriots, or the nationals of the government whose commission he held-was recognized by the Chinese authorities as having any official standing. He could deal with the security merchants, but simply as the chief of an independent trading firm on precisely the same footing as the supercargoes of a ship. As a rule, each foreign ship coming to Canton had on board two or more supercargoes, or commercial \ agents, who as representatives of the company concerned, were empowered to arrange for the sale of the goods conveyed to China, to effect all necessary exchange transactions, and to purchase goods of such nature and quality and at such prices as would ensure a profitable sale on the ship's return home. An efficient supercargo, therefore, had to be a man of recognized business ability, an expert in deciding on the quality of the goods to be purchased, and something of an adept in the intricacies of foreign exchange. Each ship had, as a rule, only a limited stock of goods for disposal, and was consequently obliged to carry with it the silver required to complete the purchase price of the goods desired. This silver was in various currencies, Spanish and Mexican dollars, Venetian ducatoons, French crowns, German and Scandinavian rix dollars and rupees. Chinese prices were in taels, or ounces of silver, which necessitated the acceptance of these currencies by weight, not by count. No two of these currencies were alike in touch, and no two of the various taels in use at the ports of China had the same weight, while every Chinese ingot of silver in circulation had to be tested for both.fineness and -weight. A supercargo, therefore, in making and accepting payments had to be a wide-awake and reliable arithmetician. At Canton from 1730 the Szema tael was taken as equivalent to 579.85 grains, and if a payment was for government account (duties, fees, etc.) the tael of silver was to be considered as 1,000 fine, i.e. pure silver, but if for the purchase of goods it was taken as 940 fine. In the early days of trade, too, it was necessary for the supercargo to have a: working knowledge of Portuguese, and in many cases also of French. Until "pidgin" English established itself acquaintance with Portuguese was a sine qua non as the only interpreters then available on the China coast were natives of Macao usually Eurasians. As we have seen, the acquisition of Chinese was strongly opposed by the mandarinate; but occasionally a French, an Italian, or a Portuguese missionary with a sound knowledge of the language would render assistance in translating a document from, or HART AND THE CHINESE CUSTOMS 31 into, Chi:r:ese. After t~e d.epor~ation of Flint the Company used ],,,11'. Bevar: as Ill.terpreter untIl hIS retIrement in 1780. Then followed twenty years III whIch the Company had to fall back on the services of outsiders, notably Monsieur J. C. F. Galbert, the very competent interpreter at the French consulate. It was not until 1800, when young George Thomas Staunton joined the Company as a ·writer,. that they had once more on their staff a reliable speaker and reader of Chinese. This translatinO" and interpreting staff was still further strengthened in 1809 by the addition of Robert Morrison, the translator of the Bible and the compiler of the first Chinese English dictionary. In the early days of the trade each ship sent out by the East India Company was regarded as a separate venture, and the supercargoes on bo.ard ac~ed independer:t~y of their colleagues on any other Company ShIp. ThIS open competltlon was found to be unsatisfactory, and in 17 15 all the supercargoes on board Company ships were formed into a council with a designated chief, all orders, decisions, and accounts being signed by all the members of the cQuncil. What, however, was a workable arrangement when the number of ships was only four or five was found to be unsatisfactory when the number was doubled or trebled. Accordingly in 1779 the experiment was tried of appointinO" a Select Committee of three of the chief supercargoes to represent the Company. As all its members fell ill and had to return to England the former pla'n of a council of supercargoes was revived; but in 1786 a Select Committee, this time of the six leading supercargoes, was appointed, of whom the most senior was chosen to be president and to act as chief and as spokesman for the Company in China. Later, the number of the members on the Select Committee was reduced to three. To ensure continuity of policy and the keeping of records each year's Select Committee contained as a rule one or two members from the previous season's Committee, while the president might remain in office for a term of even five or six years. In the eyes of the Chinese authorities the person to refer to in the case of a dispute involving jurisdiction over the person was the responsible head of the mercantile community of each nationality. Considering the long period of trade intercourse before the granting of extraterritoriality, and considering the high-spirited nature of forei<TIl sailors on shore leave in a strange land where strong. liquor was chea"'p, plentiful and vile and where incitements to acts of violence were frequent, the cases of homicide and assault were luckily comparatively . few. Few as they were, however, the handling of them bred much illfeeling, and on several occasions almost brought about a crisis. Only the more important instances need be cited here to illustrate the difficulties arising from the Chinese insistence on the 'strict application by themselves, and according to their own ideas, of the lex talionis. There was the case in 1773 of the Englishman Scott who was charged at Macao with the slaying of a Chinese, but who, although found innocent by the Portuguese courts, was nevertheless handed over to the Chinese authorities who had him executed. There was the case in 1780 of the French sailor on board a British ship who in self-defence killed a Portuguese sailor, and who, after hiding for some days in "the French c
32 HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 33 consulate,was given up,and strangled in public by the order of the nominal fine.The year 1831 was marked by two noteworthy cases.The Governor.There was the case in 1784 of the gunner on the ship Lady one was that of the sailor Frances Terranovia of the American ship Hughes who while firing a salute accidentally killed a couple of Chinese; Emily,who,while being pestered by a bumboat woman,threw a jar at the gunner absconded,but,to ensure his production for trial,the chief her,thereby causing her to fall into the river,where she was drowned. supercargo of the ship was decoyed from his house at night-on the On the refusal of the captain to surrender him,American trade was pretext that the security merchant wished to see him,and was held as stopped.A trial was then agreed upon and was held on board by the a hostage:the French,the Dutch,the Danes,and the Americans all joined Chinese magistrate,who refused to allow the evidence for the prosecution with the English to protest against this act of kidnapping,and received to be interpreted,declined to hear any evidence for the defence,and the encouraging reply that if the gunner was not produced within two declared the accused guilty.The Americans declined to surrender him, days there would be no further supply of provisions,and the trade would whereupon the security merchant and the linguist were put in prison, be stopped,while any attempt of the foreigners to escape would be met while the supercargo was threatened that he would be held as a hostage. by the resistance of all the forces at the Governor's disposal:the gunner On the promise of a fair trial and a just sentence the offender was was eventually handed over,and-in spite of the Governor's assurance finally handed over.He was tried in the security merchants'consoo or that no alarm need be felt about the man's safety-was strangled.Apart guild house,before the provincial judge.No foreigner was present at from the alarming issue raised by the Chinese insistence on a life for a that trial,and although it had been promised that no punishment would life even in cases of accidental manslaughter,and by their determination be exacted before reference to Peking,the unfortunate.man was executed to make a substitute suffer the penalty vicariously if the real offender by strangulation within forty-eight hours of his sentence.The other case could not be apprehended,this Lady Hughes affair raised sharply for was that of H.M.S.Topaze,which had landed a watering party on the the Company's council of supercargoes the problem of their responsi- island of Lintin.This party was attacked by a Chinese mob armed with bility for the British "country"ships,which were vessels belonging to spears and bamboos.The officer on watch observed the occurrence and private persons but licenced by the Court of Directors of the Company immediately sent an armed party ashore to assist their comrades to re- to ply between India and China.The Chinese authorities,logically embark.In the collision two Chinese were killed and fourteen of the enough,held that as such ships enjoyed the use of the Company's British sailors severely wounded.The usual demand was made for the licence,the Company,through its council of supercargoes,was responsible "murderers"to the president of the Select Committee,who replied that for their control;an argument which the council would not admit.In he had no jurisdiction over a King's ship.British trade was stopped, the Lady Hughes case the Chinese officials were prepared to go so far, whereupon the Select Committee moved the entire staff and most of the if necessary,as to seize the chief of the council as a hostage.In February treasure on board the ships,taking them down the river to Chuenpi. 1807 sailors on shore leave from the Marguis of Ely,when intoxicated, Both sides remained obdurate.Finally,the Topaze sailed off to India, had been enticed into boats,robbed,stripped,and flung on shore or into her commander leaving word that the matter would be submitted to his the river;one man was drowned.The next day liberty men from the superior officers for settlement according to English law.With that the Neptune needed little provocation to exact revenge.A riot broke out, Viceroy had to rest satisfied. in which the sailors used cudgels and the rabble stones and bricks.In the affray a Chinese was killed,and the Chinese demanded the surrender It was the Lady Hughes affair in particular which forced home upon of the guilty man.The problem was to find him,as men from other the Court of Directors the advisability of having a diplomatic mission ships as well as the Neptune had taken part-in the fracas.The Chinese sent to Peking to negotiate not simply for more tolerable conditions of officials,however,decided that the manslayer must have been one of trade,but also,and more especially,for the recognition by the Chinese the men from the Neptune,and called upon the president of the Select of exclusive British jurisdiction over British subjects in all cases,such Committee to discover the culprit and deliver him up to 'justice. jurisdiction to be exercised in a trading depot on the coast,preferably Investigations on board the Neptune failed,and the inquiry held in the at Amoy,to be ceded by the Emperor to the British Crown.Lt.-Colonel English factory,at which the Chinese magistrates were present,at which Charles Cathcart was appointed by His Majesty King George III,and the all the men were interrogated,was equally unsuccessful.The Chinese mission set sail in December 1787 in the frigate H.M.S.Vestal.On the then proposed that the Select Committee should point out,or induce,one journey out Lt.-Colonel Cathcart died in the Straits of Banca,and, of the sailors of the Neptune to be the culprit,and as this proposal was according to instructions,the staff returned to England re infecta.Five rejected a third trial was held,this time by the Chinese officials,at which years later (1792)Henry Dundas,who although Secretary of State for they came to the conclusion that in their opinion the sailor named Home Affairs insisted on taking part in all foreign affairs of moment, Edward Sheen was the most culpable among the foreign rioters on the busied himself to have a second embassy dispatched,this time under day in which the Chinese had been killed.The Committee was called Lord Macartney,with Sir George Leonard Staunton (father of George upon to hold him in custody,pending reference of the case to Peking. Thomas Staunton)as Secretary and Minister Plenipotentiary in the The final verdict for which,it appears,the security merchant paid a absence of the Ambassador.The embassy,lavishly equipped in every stiff price.was one of accidental killing,the penalty for which was a respect,accompanied by a military escort to impress the Chinese officials, and carrying six hundred cases of presents to placate them,sailed from
32 HART AND THE CHINESE CUSTOMS consulate, was given up, and strangled in public by the order of the Governor. 'There was the case in 1784 of the gunner on the ship Lady Hughes who while firing a salute accidentally killed a couple of Chinese; the gunner absconded, but, to ensure his production for trial, the chief supercargo of the ship was decoyed from his house at night--On the pretext that the security merchant wished to see him, and was held as a hostage: the French, the Dutch, the Danes, and the Americans all joined with the English to protest against this act of kidnapping, and received the encouraging reply that if the gunner was not produced within two days there would be no further supply of provisions, and the trade would be stopped, while any attempt of the foreigners to escape would be met by the resistance of all the forces at the Governor's disposal: the gunner was eventually handed over, and-in spite of the Governor's assurance that no alarm need be felt about the man's safety-was strangled. Apart from the alarming issue raised by the Chinese insistence on a life for a life even in cases of accidental manslaughter, and by their determination to make a substitute suffer the penalty vicariously if the real offender could not be apprehended, this Lady Hughes affair raised sharply for the Company's council of supercargoes the problem of their responsibility for the British "country" ships, which were vessels belonging to private persons but licenced by the Court of Directors of the Company to ply between India and China. The Chinese authorities, logically enough, held that as such ships enjoyed the use of the Company's licence, the Company, through its council of supercargoes, was responsible for their control; an argument which the council would not admit. In the Lady Hug/us case the Chinese officials were prepared to go so far, if necessary, as to seize the chief of the council as a hostage. In February 1807 sailors on shore leave from the Marquis of Ely, when intoxicated, had been enticed into boats, robbed, stripped, and flung on shore or into the river; one man was drowned. The next day liberty men from the Neptune needed little provocation to exact revenge. A riot broke out, in which the sailors used cudgels and the rabble stones and bricks. In the affray a Chinese was killed, and the Chinese demanded the surrender of the guilty man. The problem was to find him, as men from other ships as well as the Neptune had taken part· in the fracas. The Chinese officials, however, decided that the manslayer must have been one of the men from the Neptune, and called upon the president of the Select Committee to discover the culprit and deliver him up to justice. Investigations Qn board the Neptune failed, and the inquiry held in the English factory, at which the Chinese magistrates were present, at which all the men were interrogated, was equally unsuccessful. The Chinese then proposed that the Select Committee should point out, or induce, one of the sailors of the Neptune to be the culprit, and as this proposal was rejected a third trial was held, this time by the Chinese officials, at which they came to the conclusion that in their opinion the sailor named Edward Sheen was the most culpable among the foreign rioters on the day in which the Chinese had been killed. The Committee was called upon to hold him in custody, pending reference of the case to Peking. The final verdict for which, it appears, the security merchant paid a stiff price· was one of accidental killing, the penalty for which was a HART AND THE CHINESE CUSTOMS 33 nominal fine. The year 1821 was marked by two noteworthy cases. The one was that of the sailor Frances Terranovia of the American ship Emily, who, while being pestered by a bumboat woman, threw a jar at her, thereby causing her to fall into the river, where she was drowned. On the refusal of the captain to surrender him, American trade was stopped. A trial was then agreed upon and was held on board by the Chinese magistrate, who refused to allow the evidence for the prosecution to be interpreted, declined to hear any evidence for the defence, and declared the accused guilty. The Americans declined to surrender him, whereupon the security merchant and the linguist were put in prison, while the supercargo was threatened that he would be held as a hostage. On the promise of a fair trial and a just sentence the offender was finally handed over. He was tried in the security merchants' consoo or guild house, before the provincial judge. No foreigner was present at that trial, and although it had been promised that no punishment would be exacted before reference to Peking, the unfortunate. man was executed by strangulation within forty-eight hours of his sentence. The other case was that of H.M.S. Topaze, which had landed a watering party on the island of Lintin. This party was attacked by a Chinese mob armed with spears and bamboos. The officer on watch observed the occurrence and immediately sent an armed party ashore to assist their comrades to reembark. In the collision two Chinese were killed and fourteen of the British sailors severely wounded. The usual demand was made for the "murderers" to the president of the Select Committee, who replied tbat he had no jurisdiction over a King's ship. British trade was stopped, whereupon the Select Committee moved the entire staff and most of the treasure on board the ships, taking them down the river to Chuenpi. Both sides remained obdurate. Finally, the Topaze sailed off to India, her commander leaving word that the matter would be submitted to his superior officers for settlement according to English law. With that the Viceroy had to rest satisfied. It was the Lady Hughes affair in particular which forced home upon the Court of Directors the advisability of having a diplomatic mission sent to Peking to negotiate not simply for more tolerable conditions of trade, but also, and more especially, for the recognition by the Chinese of exclusive British jurisdiction over 'British subjects in all cases, such jurisdiction to be exercised in a trading depot on the coast, preferably at Amoy, to be ceded by the Emperor to the British Crown. Lt.-Colonel Charles Cathcart was appointed by His Majesty King George HI, and the mission set sail in December 1787 in the frigate H.M.S. Vestal. On the journey out Lt.-Colonel Cathcart died in the Straits of Banca, and, according to instructions, the staff returned to England re infecta. FiYe years later (1792) Henry Dundas, who although Secretary of State for Home Affairs insisted on taking part in all foreign affairs of moment, busied himself to have a second embassy dispatched, this time under Lord Macartney, with Sir George Leonard Staunton (father of George Thomas Staunton) as Secretary and Minister Plenipotentiary in the absence of the Ambassador. The embassy, lavishly equipped in every respect, accompanied by a military escort to impress the Chinese officials, and carrying six hundred cases of presents to placate them, sailed from C
34 HART AND THE CHINESE CUSTOMS Portsmouth in September 1793,and arrived at Taku in August of the year following.The very detailed records left by participators show that as a picturesque performance the embassy was highly successful,that its recep- tion at Jehol,where the Emperor Ch'ien Lung was in residence-in marked contrast to its Portuguese and Dutch predecessors-was most courteous and hospitable,but that in the attaining any of the objects for which it had been dispatched it was utterly fruitless.The ambassador declined to perform the kowtow unless a Chinese official of equal rank with his own should perform the same prostrations before a portrait of King George III,dressed in his state robes.Both ceremonies were waived.But not a single one of the ambassador's requests for better trading conditions was granted.The Emperor,or rather the high officials surrounding him, would not hear of allowing English merchants to trade at any place other than Canton.These officials had,for them,insuperable objections to the opening of Chusan,Ningpo,Tientsin,and Peking to foreign trade; they would not hear of such a concession as permitting the English 'to have a small unfortified island in the neighbourhood of Chusan or of Canton as a depot for their goods and as a residence for their merchants; and they point blank refused to consider the reduction of transit duties paid on goods to and from Macao,or of measurement and other fees.at Canton. In spite of this failure the British Government in 1816 decided to send yet another embassy to China,and on this occasion William Pitt (Lord Amherst)was chosen by Castlereagh as ambassador.The objects of the mission were defined as the procuring of protection of British merchants from the violence and injustice of the Canton officials,security for the continuance of the trade against sudden and capricious interruptions,the right for the foreign trader to deal with any Chinese merchant he pleased,permission to employ Chinese servants,freedom from contemptuous and insolent treatment by Chinese functionaries,the right of open communication between the Company's representatives and the Government in Peking,either through a British Resident there or by communications written in Chinese,and confirmation of the right to use that language in all addresses and representations to the local officials. The mission left Spithead in February 1816 and reached Taku at the beginning of August.The question of the kowtow was at once brought up.Sir G.Staunton,president of the Select Committee,and second member of the commission,was opposed to the ceremony;Henry Ellis, the third on the commission,considered it a matter of indifference. Amherst's instructions left him a free hand;finally,he decided not to perform it,and that decision sealed the fate of the mission.The cfficials deputed to receive him argued,cajoled,and threatened going so far as to order him to rehearse that ceremony in their presence.They had already assured the Emperor that the ceremony would be performed. Foiled in their efforts,they realized that to retain their official prestige and power at Court they must make it appear to the Emperor that the ambassador had been guilty of a wanton insult to His Imperial Majesty. This they effected by hurrying the mission,under a tribute-bearing flag, without rest over rough roads from Tungchow to the Yuenmingyuen summer palace outside Peking,where the cavalcade arrived early in the
34 HART AND THE CHINESE CUSTOMS Portsmouth in September 1792, and arrived at Taku in August of the year following. The very detailed records left by participators show that as a picturesque performance the embassy was highly successful, that its reception at Jehol, where the Emperor Ch'ien Lung was in residence-in marked contrast to its Portuguese and Dutch predecessors---:-was most courteous and hospitable, but that in the attaining any of the objects for which it had been dispatched it was utterly fruitless. The ambassador declined to perform the kowtow unless a Chinese official of equal rank with his own should perform the same prostrations before a portrait of King George HI, dressed in his state robes. Both ceremonies were waived. But not a single one of the ambassador's requests for better trading conditions was granted. The Emperor, or rather the high officials surrounding him, would not hear of allowing English merchants to trade at any place other than Canton. These officials had, for them, insuperable objections to the opening of Chusan, Ningpo, Tientsin, and Peking to foreign trade; they would not hear of such a concession as permitting the English "to have a small unfortified island in the neighbourhood of Chusan or of Canton as a depot for their goods and as a residence for their merchants; and they point blank refused to consider the reduction of transit duties paid on goods to and from Macao, or of measurement and other fees" at Canton. In spite of this failure the British Government in 1816 decided to send yet another embassy to China,and on this occasion Willia,m Pitt (Lord Amherst) was chosen by Castlereagh as ambassador. The obje{:ts df the mission were defined as the procuring of protection of Britis,h merchants from the violence and injustice of the Canton officials, security for the continuance of the trade against sudden and capricious interruptions, the right for the foreign trader to deal with any Chinese merchant he pleased, permission to employ Chinese servants, freedom from contemptuous and insolent treatment by Chinese functionaries, the right of open communication between the Company's representatives and the Government in Peking, either through a British Resident there or by communicatjons written in Chinese, and confirmation of the right to use that language in all addresses and representations to the local officials. The mission left Spithead in February 1816 and reached Taku at the beginning of August. The question of the kowtow was at once brought up. Sir G. Staunton, president of the Select Committee, and second member of the commission, was opposed to the ceremony; Henry Ellis, the third on the cpmmission, considered it a matter of indifference. Amherst's instructions left him a free hand; finally, he decided not to perform it, and that decision sealed the fate of the mission. The cfficials deputed to receive him argued, cajoled, and" threatened going so far as to order him to rehearse that ceremony in their presence. They had already assured the Emperor that the ceremony would be performed. Foiled in their efforts, they realized that to retain their official prestige and power at Court they must make it appear to the Emperor that the ambassador had been guilty of a wanton insult to His Imperial Majesty. This they effected by hurrying the mission, under a tribute-bearing flag, without rest over rough roads from Tungchow to the Yuenmingyuen . summer palace outside Peking, where the cavalcade arrived early in the