42 HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 43 itself out in the press and before select committees of the two Houses of which would be useful in case of possible hostilities,and while refraining Parliament,whose reports are storehouses of information on all aspects from encouraging such exploratory trips as that of the ship Lord Amherst of the China trade under the Company.Warned of the possibility of a he was not to interfere with or prevent such ventures;he was to change,and alarmed at the prospect of having to deal with uncontrolled investigate and report before taking action on the judicial clauses of the and independent merchants the Canton Viceroy,in 1831,had ordered Order in Council;and,finally,on reaching Canton he was to announce the cohong to inform the Select Committee.that if the Company's the fact by letter to the Viceroy.Taken in conjunction with the high monopoly in China were dissolved,it would be necessary to have a chief social and political standing of Lord Napier these directions show to come to Canton for the general management of commercial dealings, clearly that while he was not an ambassador or an envoy extraordinary, by which,no doubt,His Excellency meant a representative who could be he was yet not to regard himself simply as a successor to the president of held responsible-and if necessary made a hostage-for the business and the Select Committee. conduct of all his fellow nationals.The answer to that demand,when it came three and a half years later,was an unexpected bombshell. Lord Napier arrived in Canton on the 25th July,1834,and immediately wrote a letter to the Viceroy informing him of his arrival, The Act of Parliament introducing the new order was passed on the 28th August,i833.It abolished the commercial monopoly of the stating his status to be that of Chief Superintendent of British trade in China to protect and foster that trade.invested by Royal authority with Company,and authorized the appointment of three superintendents for political and judicial powers,and requesting a personal interview.That the purpose of promoting and protecting British trade in China.It also letter was the bombshell reply to the Viceroy's demand of 1831,when he authorized the creation of "a Court of Justice with criminal and had called for the appointment of someone versed in business affairs to admiralty jurisdiction for the trial of offences committed by His Majesty's control the commercial dealings of his fellow nationals..Instead of getting subjects within the said dominions and the ports and havens thereof, what he had asked for,the Viceroy was now confronted with a high and within one hundred miles of the coast of China."To implement dignitary,holding a Royal commission and with vaguely wide powers, this Act,orders in Council of December in the same year appointed Lord who had not only failed to notify his coming beforehand,but who also Napier as the Chief Superintendent with power to hold a Court of was so little "submissive"that he ignored the security merchants as the Justice at Canton,or on board any British ship in the harbour.To recognized channel of communication;insisted on trying to send a letter assist him,Messrs.W.H.C.Plowden and I.F.Davis were appointed direct to the Viceroy,and even dared to omit from that communication second and third superintendents respectively.Mr.Plowden did not take the superscribed character ping to show that it was a humble petition up the post,as he left China and was replaced by Mr.Davis,while Sir Acceptance of the letter was refused,and the Viceroy issued his orders George B.Robinson was nominated third superintendent.This com- to the cohong for transmission to Lord Napier.He must return to Macao mission of superintendents appointed Dr.Robert Morrison to be their forthwith as he had violated all precedent by coming to Canton without Chinese secretary and interpreter-whose place after his death in August a permit,inform the cohong of his mission,who would then petition 1834 was taken by his son,John Robert Morrison,-and Captain Charles the Viceroy,after which the matter would be referred to Peking for final Elliot to be master attendant,having charge of all British ships and decision. Lord Napier refused to leave,and all attempts on the part of crews within the Boca Tigris. the security merchants,who were being held responsible by the Viceroy, The instructions to Lord Napier-who,it should be noted,had to induce him to conform to established practice were unavailing.The proved himself a capable naval officer and an expert breeder of sheep, Viceroy grew irate,and,finally,on the and September,issued a pro- but who had no previous diplomatic or administrative experience-and clamation stopping the British trade,withdrawing all Chinese employees his colleagues were briefly to watch over trade generally and to settle from their factories,and forbidding the sale of fresh provisions to the disputes between British subjects,or British and Chinese,and to effect English.Nord Napier retaliated.by ordering up the frigates Imogene and this by the peaceful means of persuasion and arbitration.They were not Andromache,which had to force their way up to Whampoa under fire, to make use of threats or to appeal to the naval or military forces,except by having a small guard of marines landed to protect the factories,and in cases of extreme urgency;they were to refrain from irritating the by issuing a manifesto addressed to the British Chamber of Commerce, Chinese officials(an injunction which Lord Napier himself was the very which had been formed towards the end of August.In that manifesto first to violate),and at every opportunity to impress upon all British he warned the Viceroy and the Governor that their attitude and actions subjects the necessity of observing the laws and customs of the Chinese were provocative of war,and threatened to carry his complaint direct empire,on the understanding that such laws would be administered to the Emperor at Peking.The Viceroy remained adamant,and matters with justice and good faith,and with the same impartiality as towards came to a deadlock with the advantage in favour of the Chinese.Lord the Chinese or the subjects of other foreign states.Palmerston,however, Napier's illness cut the knot.He had been ailing for some time,and now supplemented these instructions by special directions to Lord Napier:he a severe attack of malaria together with the anxieties of the situation was to explore the possibilities of extending trade to other parts of China; brought on a serious illness.On the doctor's initiative,permission to he was to keep in mind the desirability of establishing direct relations move him to Macao was sought and given,on condition that the frigates with Peking;he was to investigate the cost of a survey of the China coast, would be first moved from Whampoa.After a needlessly prolonged
42 HART AND THE CHINESE CUSTOMS itself out in the press and before select committees of the two Houses of Parliament, whose reports are storehouses of information on all aspects of the China trade under the Company. Warned of the possibility of a change, and alarmed at the prospect of having to deal with uncontrolled and independent merchants the Canton Viceroy, in 1831, had ordered the cohong to inform the Select Committee that if the Company's monopoly in China were dissolved, it would be necessary to have a chief to come to Canton for the general management of commercial dealings, by which, no doubt, His Excellency meant a representative who, could be held responsible-and if necessary made a hostage-for the business and conduct of all his fellow nationals. The answer to that demand, when it came three and a half years later, was an unexpected bombshell. The Act of Parliament introducing the new order was passed on the 28th August, i833. It abolished the commercial monopoly of the Company, and authorized the appointment of three superintendents for the purpose of promoting and protecting British trade in China. It also authorized the creation of "a Court of Justice with criminal and admiralty jurisdiction for the trial of offences committed by His Majesty's subjects within the said dominions and the ports and havens thereof, and within one hundred miles of the coast of China." To implement this Act, orders in Council of December in the same year appointed Lord Napier as the Chief Superintendent with power to hold a Court of Justice at Canton, or on board any British ship in the harbour. To assist him, Messrs. W. H. C. Plowden and J. F. Davis were appointed second and third superintendents respectively. Mr. Plowden did not take up the post, as he left China and was replaced by Mr. Davis, while Sir George B. Robinson was nominated third superintendent. This commission of superintendents appointed Dr. Robert Morrison to be their Chinese secretary and interpreter-whose place after his death in August 1834 was taken by his son, John Robert Morrison,-and Captain Charles Elliot to be master attendant, having charge of all British ships and crews within the Boca Tigris. The instructions to Lord Napier-who, it should be noted, had proved himself a capable naval officer and an expert breeder of sheep, but who had no previous diplomatic or administrative experience-and his colleagues were briefly to watch over trade generally and to settle disputes between British subjects, or British and Chinese, and to effect this by the peaceful means of persuasion and arbitration. ~hey were not to make use of threats or to appeal to the naval or military forces, except in cases of extreme urgency; they were to refrain from irritating the Chinese officials (an injunction which Lord Napier himself was the very first to violate), and at every opportunity to impress upon all British subjects the necessity of observing the laws and customs of the Chinese empire, on the understanding that such laws would be administered with justice and good faith, and with the same impartiality as towards the Chinese or the subjects of other foreign states. Palmerston, however, supplemented these instructions by special directions to Lord N apier: he was to explore the possibilities of extending trade to other parts of China; he was to keep in mind the desirability of establishing direct relations with Peking; he was to investigate the c;ost of a survey of the China coast, HART AND THE CHINESE CUSTOMS 43 which would be useful in case of possible hostilities, and while refraining from encouraging such exploratory trips as that of the ship Lord Amherst he was not to interfere with or prevent such ventures; he was to investigate and report before taking action on the judicial clauses of the Order in Council; and, finally, on reaching Canton he was to announce the fact by letter to the Viceroy. Taken in conjunction with the. high social and political standing of Lord Napier these directions show clearly that while he was not an ambassador or an envoy extraordinary, he was yet not to regard himself simply as a successor to the president of the Select Committee. Lord Napier arrived in Canton on the 25th July, 1834, and imillediately 'wrote a letter to the Viceroy informing him of his arriYal, stating his status to be that of Chief Superintendent of British trade in China to protect and foster that trade, invested by Royal authority 'I'lth political and judicial powers, and requesting a personal interview. That letter was the bombshell reply to the Viceroy's demand of 1831, when he had called for the appointment of someone versed in business affairs to control the commercial dealings of his fellow nationals. Instead of getting what he had asked for, the Viceroy was now confronted with a high dignitary, holding a Royal commission and with vaguely wide powers, who had not only failed to notify his coming beforehand, but who also was so little "submissive" that he ignored the security merchants as the recognized channel of communication; insisted on trying to send a letter direct to the Viceroy, and even dared to omit from that communication the superscribed character ping to show that it was a humble petition. Acceptance of the letter was refused, and the Viceroy issued his orders to the cohong for transmission to Lord Napier. He must return to Macao forthwith as he had violated all precedent by coming to Canton without a permit, inform the cohong of his mission, who would then petition tlle Vicero)" after which the matter would be referred to Peking for final decision. Lord N apier refused to leave, and all attempts on the part of the security merchants, who were being held responsible by the Viceroy, to induce him to conform to established practice were unavailing. The Viceroy grew irate, and, finally, on the 2nd September, issued a proclamation stopping the British trade, withdrawing all Chinese employees from their factories, and forbidding the sale of fresh provisions to the English. Nord Napier retaliated· by ordering up the frigates Imogene and Andromache, which had to force their way up to Whampoa under fire, by having a small guard of marines landed to protect the factories, and by issuing a manifesto addressed to the British Chamber of Comm=rce, which had been formed towards the end of August. In that manifesto he warned the Viceroy and the Governor that their attitude and actions were provocative of war, and threatened to carry his complaint direct to the Emperor at Peking. The Viceroy remained adamant, and matters came to a deadlock with the advantage in favour of the Chinese. Lord Napier's illness cut the knot. He had been ailing for some time, and now a severe attack of malaria together with the anxieties of the situation brought on a serious illness. On the doctor's initiative, permission to move him to Macao was sought and given, on condition that the frigates would be first moved from Whampoa. After a needlessly prolonged
44 HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 6 and circuitous journey,imposed by the Chinese authorities,he reached of 1835 transferred himself from Macao to the cutter Louise anchored Macao on the 26th September.A fortnight later he was dead.Once again at Lintin,and there,from then on,British vessels had to call on their Chinese officialdom had gained the day. way to and from Canton.The Chief Superintendent had become little In the eyes of the Chinese mandarins Lord Napier's conduct had more than a register of British shipping,and an unwilling front row been truculently obstinate.If they could have read his despatches to spectator of British opium-running activities. his government that impression would have been amply confirmed.But in all that he had done and said Lord Napier was the interpreting Lord Palmerston,back in the Foreign Office after the shortlived representative of the majority of the British merchants at Canton.On regime of the Duke of Wellington,disliked this situation.From Elliot's previous career as a Government official elsewhere,and from private his removal,and on its becoming known that his successor,Mr.J.F. letters Palmerston had come to the conclusion that Charles Elliot was Davis,stood for a policy of inaction,these merchants,headed by Messrs. the man to end the impasse.Robinson was recalled,and Elliot,an Jardine,Matheson,submitted a petition to the King in Council ambitious energetic man of headstrong tendencies,with a bent towards deprecating submission to insults,asking for the appointment of a the dramatising of situations,found himself as chief of the commission plenipotentiary supported by a naval force and empowered to demand from the Emperor the dismissal of the Viceroy and redress for the without a colleague of equal rank to consult,or to assist or check him stoppage of trade:coercion,in their opinion,would be an easy matter He was convinced that it was entirely the fault of the British that as trade could be stopped and the Chinese armed vessels seized:they communications with the provincial authorities had not long ago been called for the re-opening of trade at Amoy,Ningpo and Chusan,objected resumed,and believed that the Chinese would have been willing to receive the commission of superintendents if it had not been for Lord to the continued existence of the cohong,and asserted that the disabilities under which they laboured were to be ascribed to acquiescence in the Napier's pretensions to high official position,and to his unfortunate theory of Chinese.superiority.This drastic proposal to enforce claims course of action.He was opposed to any demonstration of force unless by war did not fit in with the quieta non movere attitude of Davis,but there was a specific unredressed grievance,and was of opinion that it it chimed with the opinion of many merchants and others in Great would be unwise for the Home Government to send out a high political Britain,one of whom,with a long experience of Canton trading,sub- officer.He was not convinced either of the value or of the necessity of mitted to the Foreign Office a notable memorandum in which he argued a commercial treaty,and was sure that the goodwill of the Chinese that it was futile to try to establish political relations without a policy officials could be regained in time by caution,conciliation,and of armed intervention for the redress of past grievances and the ensuring determination to make a wise use of every opportunity to re-establish of future security.On the assumption that coercion was justified he was confidence.But the task before Elliot was not an easy one.His position of the opinion that a small naval force moving up the coast of China as Chief of the Commission was not recognized either by the Chinese,or with the monsoon could so harass the great coastal trade as to induce the Portuguese,the former refusing to permit him to come to Canton, the Peking Government to enter into a commercial treaty on terms of while the British merchants and seamen whose interests he was appointed equality and liberty of trade.As regards other nations interested in to protect were critical of his authority,and in some cases openly the China trade he felt sure that the Americans.the French and the defiant.He had no power to make regulations to control the crews of Dutch would welcome such a policy "for the simple reason that they British merchantmen,the Law Officers of the Crown being of opinion would participate equally with ourselves in all the advantages to be that such regulations would be a violation of China's sovereign rights, acquired therefrom."i The advice was not to the liking of the Duke of and could be justified only by a regular treaty or by implied permission Wellington,turned pacifist,but it foreshadowed coming events. from established usage.The withdrawal of the Company's monopoly automatically cancelled the issuing of licences to the"country"ships and Davis resigned and left China in January 1835 and was succeeded to outside traders,and with that disappeared the power of expulsion by Sir George Robinson,who held the post for practically two years, from China formerly held by the Select Committee.With a British vacating it in December 18s6 in favour of Captain Elliot.During his community,not easily controlled,in revolt against a policy of conciliation, tenure of office Robinson continued the laissez-faire policy.He had his with the constant risk of incidents which might involve that community instructions to refuse to communicate with the Viceroy through the in catastrophe,and with instructions from home which,if obeyed to the cohong and to insist on equality in official correspondence;but he was letter,would preclude an official approach to the Chinese authorities in faced with the fact that the Chinese authorities had evidently no case of such an incident,Elliot saw clearly that his only chance was to intention of entering into communication with him,or of permitting run the risk of an official reprimand,and to seize the first opportunity intercourse with him and his colleague Elliot.He was also faced with of reopening intercourse with the Viceroy,even if it should be in a the equally unpalatable fact that not being allowed by the Chinese to manner not in strict harmony with Lord Palmerston's instructions. establish his office at Canton he was cut off from exercising any judicial Accordingly,on assuming office he wrote a letter to the Viceroy,super- powers he might have in the settlement of local disputes among his scribed it with the character ping,but sealed it in a cover which bore on it nationals,and in the much more dangerous disputes between his nothing except the Viceroy's name and address,and enclosed this cover nationals and the Chinese.To ease the situation Robinson at the end in an envelope directed to the cohong.To Elliot's delight the stratagem
44 HART AND THE CHINESE CUSTOMS and circuitous journey, imposed by the Chinese authorities, he reached Macao on the 26th September. A fortnight later he was dead. Once again Chinese officialdom had gained the day. In the eyes of the Chinese mandarins Lord Napier's conduct had been truculently obstinate. If they could have read his despatches to his government that impression would have been amply confirmed. But in all that he had done and said Lord Napier was the interpreting representative of the majority of the British merchants at Canton. On . his removal, and on its becoming known that his successor, Mr. J. F. Davis, stood for a policy of inaction, these merchants, headed by Messrs. Jardine, Matheson, submitted a petition to the King in Council deprecating submission to insults, asking for the appointment of a plenipotentiary supported by a naval force and empowered to demand from the Emperor the dismissal of the Viceroy and redress for the stoppage of trade: coercion, in their opinion, would be an easy matter as trade could be stopped and the Chinese armed vessels seized: they called for the re-opening of trade at Amoy, Ningpo and Chusan, objected to the continued existence of the cohong, and asserted that the disabilities under which they laboured were to be ascribed to acquiescence in the theory of Chinese. superiority. This drastic proposal to enforce claims by war did not fit in with the quieta non movere attitude of Davis, but it chimed with the opinion of many merchants and others in Great Britain, one of whom, with a long experience of Canton trading, submitted to the Foreign Office a notable memorandum in which he argued that it was futile to try to establish political relations without a poliey of armed intervention for the redress of past grievances and the ensuring of future security. On the assumption that coercion was justified he was of the opinion that a small naval force moving up the coast of China with the monsoon could so harass the great coastal trade as to induce the Peking Government to enter into a commercial treaty on terms of equality and liberty of trade. As regards other nations interested in the China trade he felt sure that the Americans. the French and the Dutch would welcome such a policy "for the simple reason that they would participate equally with ourselves in all the advantages to be acquired therefrom."l The advice was not to the liking of the Duke of Wellington,:turned pacifist, but it foreshadowed coming events. Davis resigned and left China in January 1835 and was succeeded by Sir George Robinson, who held the post for practically two years, vacating it in December 1836 in favour of Captain Elliot. During his tenure of office Robinson continued the laisseZ-faire policy. He had his instructions to refuse to communicate with the Viceroy through the cohong and to insist on equality in official correspondence; but he was faced with the fact that the Chinese authorities had evidently no intention of entering into communication with him, or of permitting intercourse with him and his colleague Elliot. He was also faced with the equally unpalatable fact that not being allowed by the Chinese to establish his office at Canton he was cut off from exercising any judicial powers he might have in the settlement of local disputes among his nationals, and in the much more dangerous disputes between his nationals and the Chinese. To ease the situation Robinson at the end HART AND THE CHINESE CUSTOMS 45 of 1835 transferred himself from Macao to the cutter Louise anchored at Lintin, and· there, from then on, British vessels had to call on their way to and from Canton. The Chief Superintendent had become little more than a register of British shipping, and an unwilling front row spectator of British opium-running activities. Lord Palmerston, back in the Foreign Office after the shortliyed regime of the Duke of Wellington, disliked this situation. From Elliot's ·previous career as a Government official elsewhere, and from private letters Palmerston had come to the .conclusion that Charles Elliot was the man to end the impasse. Robinson was recalled, and Elliot, an ambitious energetic man of headstrong tendencies, with a ·bent towards the dramatising of situations, found himself as chief of the commission without a colleague of equal rank to consult, or to assist or check him. He was convinced that it was entirely the fault of the British that communications with the provincial authorities had not long ago been resumed, and believed that the Chinese would have been willing to receive the commission of superintendents if it had not been for Lord Napier's pretensions to high official position, and to his unfortunate course of action. He was opposed to any demonstration of force unless there was a specific unredressed grievance, and was of opinion that it would be unwise for the Home Government to send out a high political officer. He was not convinced either of the value or of the necessity of a commercial treaty, and was sure that the goodwill of the Chinese officials could be regained in time by caution, conciliation, and determination to make a wise use of every opportunity to re-establish confidence. But the task before Elliot was not an easy one. His position as Chief of the Commission was not recognized either by the Chinese, or the Portuguese, the former refusing to permit him to come to Canton, ·while the British merchants and seamen whose interests he was appointed to protect were critical of his authority, and in some cases openly defiant. He had no power to make regulations to control the crews of British merchantmen, the Law Officers of the Crown being of opinion that such reg~lations would be a violation of China's sovereign rights, and could be Justified only by a regular treaty or by implied permission from established usage. The withdrawal of the Company's monopoly automatically cancelled the issuing of licences to the "country" ships and to outside traders, and with that disappeared the power of expulsion from China formerly held by the Select Committee. With a British community, not easily controlled, in revolt against a policy of conciliation, with the constant risk of incidents which might involve that community in catastrophe, and with instructions from home which, if obeyed to the letter, would preclude an official approach to the Chinese authorities in case of such an inci<;lent, Elliot saw clearly that his only chance was to run the risk of an official reprimand, and to seize the first opportunity of reopening intercourse with the Viceroy, even if it should be in a manner not in strict harmony with Lord Palmerston's instructions_ Accordingly, on assuming office he wrote a letter to the Viceroy, superscribed it with the character ping, but sealed it in a cover which bore on it nothing except the Viceroy's name and address, and enclosed this cover in an envelope directed to the cohong. To Elliot's delight the stratagem
HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 47 46 succeeded.The Viceroy replied,through the cohong,telling him to wait from there.Palmerston censured Elliot for agreeing to the expulsion of at Macao,pending reference to Peking.A few months later an Imperial Innes,pointing out that Innes had not acted contrary to English law. edict was issued authorizing Elliot's residence at Canton during the It was the opium traffic beyond all doubt that was par excellence scason,on the understanding that he was nothing more than the the breeder of trouble.During the five years 1835 to 1839,when free successor of the president of the Select Committee,though he did not competition in trade was in full swing,the average yearly import of the bear that title.Elliot had restored contact,but he was mistaken in drug rose to over 35,o00 chests,almost double the average annual import claiming that the Chinese had recognized him as a political officer.The during the seven years previous.As an article of commerce opium now Viceroy also refused to write directly to Elliot,and continued to address dominated the whole import trade of the country.Movement of money him in the time-honoured way through the cohong.Palmerston was at Canton depended upon it,and drastic stoppage of the traffic,if it pleased with the measure of success that had been gained,but once more could be effected,would only result in complete commercial paralysis. reminded Elliot that he was a representative of His Majesty,and The startling expansion of the traffic was accompanied by a marked instructed him to refrain from using the character ping,an injunction growth in recklessness on the part of the traders,and in deeds of violence. which Elliot subsequently violated.Intercourse had been re-established; The vending of the drug was obviously falling more and more into the but equality of status in that intercourse was as far off as ever. hands of desperate characters to the peril of the whole community.It There were two other problems awaiting Elliot's solution,the one was clear that something would have to be done if catastrophe was to be avoided.Apart from the venal Chinese officials who connived at and was that of jurisdiction,and the other that of the opium trade,neither benefited from the trade,there were many of their colleagues who of which in the circumstances then prevailing could have been settled condemned it on grounds of public morality.These latter,however, definitely by peaceful means.Both these problems were legacies from the days of the Company's supercargoes and of the Select Committee,but differed on what was the best course to pursue.Some were in favour of control by legalization,while others stood for root and branch extirpation. while Elliot felt obliged to follow in the footsteps of his predecessor,the Among the former was Hsii Nai-tsi,vice-president of the Court of president of that Committee,in rescuing British subjects from the grasp Sacrificial Worship at Peking,who in June 18g6 submitted a memorial of Chinese law,he could not,on the other hand,as British representative, to the Emperor on the subject.He pointed out that opium taken adopt the Pecksniffian attitude of the Company in regard to the opium trade by maintaining that although he could not,and would not,defend moderately is not harmful,that in the time of the Emperor Chien Lung and his predecessors the import of it was legal,as it paid Customs dues the trade,he was in no way concerned with its existence and consequences and was exchanged through the cohong for tea and silk:at present,in to China.There were several serious jurisdiction cases.In the autumn spite of prohibition,the smoking of opium had increased enormously: of 18g7 a party of Lascar seamen,British subjects,were accused of having formerly foreigners brought silver in order to buy Chinese goods,but stabbed a Chinese during a local fracas.The Chinese seized the Lascars, and released them only when Elliot informed the authorities that if they now they bring opium,and instead of taking goods for it carry away did not,he would leave Canton,and that there would be a serious breach about ten million taels of silver every year,and in consequence the price of the peace,as probably a thousand out of the two thousand British of silver in copper cash is rising steadily.In the opinion of the memorialist it was impossible to suppress this trade by force,and,in his then at Canton would storm the city gates.Two years later there was a view,the remedy was to revert to the former practice of legalizing the drunken brawl in the vicinity of the Hongkong anchorage in which foreign seamen were implicated.A Chinese named Lin Wei-hi was killed. import,and of insisting that the drug be exchanged through the security merchants for goods but not for money.Officials and all soldiers and Six British seamen were arrested by Elliot,tried by him,found guilty of officers should be strictly forbidden to use the drug.The authorities at riot and assault,and given varying sentences of fine and imprisonment. Canton were ordered to investigate and report.The Viceroy,the As usual,the Chinese demanded a life for a life,and even declared that Governor,and the security merchants supported the memorial,suggest- they would be satisfied if Elliot would declare that a man who had been ing low duties to counteract smuggling,and strict rules to prevent the found drowned at Hongkong was the murderer.Elliot refused,and the export of silver;they also suggested that the best way to put an end to matter ended in a minor naval action.But the merchants were as difficult importation would be to sanction the cultivation of the poppy and the to handle as the seamen.That stormy petrel James Innes,who on several manufacture of the drug in China. previous occasions had taken the law into his own hands,in December 1838 got involved in an attempt to smuggle opium into his factory,and At first,Captain Elliot was sceptical about the proposal.He thought that it was a ruse to suppress the trade at Lintin and along the as this was contrary to prohibitions the Chinese demanded his expulsion. eastern coast of China in order to centralize once more all foreign trade Elliot concurred,but Innes refused to leave.The Viceroy then ordered at Canton.But he doubted the success of the proposed measure.Officials the house rented by Innes to be pulled about his ears,whereupon many and people alike,he wrote,believe that the Government is both false of the British merchants threatened to make common cause with Innes and feeble;but the real danger lies with the foreigners conducting the to resist by force the execution of such an order.Rather than create trade;some day in their rash hardihood they will commit some gross a riot,Innes left for Macao and continued his opium-selling activities offence which the Chinese will be constrained to resent "and will
46 HART AND THE CHINESE CUSTOMS . succeeded. The Viceroy replied, through the cohong, telling him to 'w~it at Macao, pending reference to Peking. A few months later an I~penal edict was issued authorizing Elliot's residence at Canton durmg the season, on the understanding that he was nothing more tha~ the successor of the president of the Select Committee, though ~e dId n?t bear that title. Elliot had restored contact, but he was mIstaken m claiming that the Chinese had recognized him as a political officer. The Viceroy also refused to write directly to Elliot, and continued to address him in the time-honoured way tJp-ough the cohong. Palmerston was pleased with the measure of success that had h.een gaine~, but ?nce more reminded Elliot that he was a representatIve of ~lS MaJe~ty, CJ?d instructed him to refrain from using the character pmg, an m Ju~ctlOn which Elliot subsequently violated. Intercourse had been re-established; but equality of status in that intercourse was as far off as ever. ' There were t1VO other problems awaiting Elliot's. solution, the. one was that of jurisdiction, and the Other that of the opmm trade, neIther of which in the circumstances then prevailing could have been settled definitely by peaceful means. Both these problems were legaci~s.from the days of the Company's supercargoes and of the Selec~ CommIttee, but while Elliot felt obliged to follow in the footst<;ps of hIS predecessor, ~e president of that Committee, in rescuing British subj:~ts from the gr~sp of Chinese law, he could not, on the other hand, as Bntlsh representatIve, adopt the Pecksniffian attitude of the Company in regard to the opium trade by maintaining that although he ~oul.d no~, and would not, defend the trade, he was in no way concerned WIth its eXIstence and consequences to China. There were several serious jurisdiction cases. In the autu:nn of 1837 a party of Lascar seamen, British subjects,. were a~cused of havmg stabbed a Chinese durino- a local fracas. The Chmese seIzed the Lascars, and released them only ~heri Elliot informed the authorities that if they did not he would leave Canton, and that there would be a serious breach of the peace, as probably a thousand out of the two thousand British then at Canton would storm the city gates. Two years later th~re wa? a drunken brawl in the vicinity of the Hongkong anchorage m whIch foreio-n seamen were implicated. A Chinese named Lin Wei-hi was ~illed. Six 'British seamen were arrested by Elliot, tried by him, found gmlty of riot and assault, and given varying sentences of fine and imprisonment. As usual, the Chinese demanded a life for a life, and even declared that they would be satisfied if Elliot would declare that a man who had been found drowned at Hongkong was the murderer. Elliot refused, a~d the matter ended in a minor naval action. But the merchants were as dIfficult to handle as the seamen. That stormy petrel James Innes, who on several previous occasions had taken the law into his ?wn ~ands,. in December 1838 got involved in an attempt to smuggle opmm mto hIS .factory, ~nd as this was contrary to prohibitions the Chinese demanded hIS expulSiOn. Elliot concurred, but Innes refused to leave. The Viceroy then ordered the house rented by Innes to be pulled about his ears, whereupon many of the British merchants threatened to make common cause with Innes to resist by force the execution of such an order .. Rather. than ~r~~te a riot, Innes left for Macao and continued his opmm-sellmg actIVItIes HART AND THE CHINESE CUSTOMS 47 from there. Palmerston censured Elliot for. agreeing to the expulsion of Innes, P?inting out that Innes had not acted contrary to English law. It was the opium traffic beyond all doubt that was par excellence the breeder of trouble. During the five years 1835 to 1839, when free competition in trade was in full swing, the average yearly import of the drug rose to over 35,000 chests, almost double the average annual import during the seven years previous. As an article of commerce opium now dominated the whole import trade of the country. Movement of money at Canton depended upon it, and drastic stoppage of the traffic, if it could be effected, would only result in complete commercial paralysis, The startling expansion of the traffic was accompanied by a marked growth in recklessness on the part of the traders, and in deeds of violence. The vending of the drug was obviously falling more and more into the hands of desperate characters to the peril of the whole community. It was clear that something would have to be done if catastrophe was to be avoided. Apart from the venal Chinese officials who connived at and benefited from the trade, there were many of their colleagues who condemned it on grounds of public morality. These latter, howeyer, differed on what was the best course to pursue. Some were in favour of control by legalization, while others stood for root and branch extirpation. Among the former was Hsii Nai-tsi, vice-president of the Court of Sacrificial Worship at Peking, who in June 1836 submitted a memorial to the Emperor on the subject. He pointed out that opium taken moderately is not harmful, that in the time of the Emperor Chien Lung and his predecessors the import of it was legal, as it paid Customs dues and was exchanged tllrough the cohong for tea and silk: at present, in spite of prohibition, the smoking of opium had increased enormousl\": formerly foreigners brought silver in order to buy Chinese goods, but now they bring opium, and instead of taking goods for it carry ail'ay about ten million taels of silver every year, and in consequence the price of silver in copper cash is rising steadily. In the opinion of the memorialist it was impossible to suppress this trade by force, and, in his view, the remedy was to revert to the former practice of legalizing the import, and of insisting that the drug be exchanged through the security merchants for goods but not for money. Officials and all soldiers and officers should be strictly forbidden to use the drug. The authorities at Canton were ordered to investigate ~md report. The Viceroy, the Governor, and the security merchants supported the memorial, suggesting low duties to counteract smuggling, and strict rules to prevent the export of silver; they also suggested that. the best way to put an end to importation would be to sanction the cultivation of the poppy and the manufacture of the drug in China. At first, Captain Elliot was sceptical about the proposal. He thought that it was a ruse to suppress the trade at Lintin and along the eastern coast of China in order to centralize once more all foreign trade at Canton. But he doubted the success of the proposed measure. Officials and people alike, he wrote, believe that the Government is both false and feeble; but the real danger lies with the foreigners conducting the trade; some day in their rash hardihood they will commit some gross offence which the Chinese will be constrained to resent "and will
48 HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 49 probably commit some act of cruel violence that will make any choice commissioner to open direct negotiations with the Peking Government but armed interference impossible to our own Government."A prophetic for the legalization of the opium trade,and that the Government should warning written three years before that act of violence was committed. define its own position in regard to the prevention or regulation of this On second thought some months later Elliot changed his mind.He trade.The special commissioner was not sent,but in response to Elliot's became sanguine that legalization of the opium trade was imminent,and application for naval protection of British interests Admiral Sir Frederick that its coming would bring with it a much-desired easing of the Maitland of the East India station was directed to visit China,and to situation. arrange that one or more warships should be sent there as frequently But Captain Elliot's optimism,as usual,was premature.Counter as possible.The admiral arrived in the middle of July 1888,and,so far memorials now began to pour in,among which was one from a member as the high provincial authorities were concerned,was accorded a frosty of the Board of Rites,another from a sub-Censor of the Military Depart- reception.Elliot's letter to the Governor announcing Sir Frederick's ment,and yet another from a Censor of the Kiang-nan Circuit. Their arrival,was returned,as it lacked the superscription ping.The Chinese arguments against legalization were political,moral,and economic.It Admiral Kuan T'ien-p'ei similarly declined to accept a letter from was maintained that the purpose of the English in fostering this trade Admiral Maitland.The two admirals,however,did get together over was to corrupt and enfeeble the nation,so as to make conquest more a shooting incident.A Chinese fort had opened fire on a passenger boat easy.Already the army was being ruined by it,and officials and the in the mistaken belief that Admiral Maitland was on board.They literati were in danger of the same fate,while its widespread use among reached an amicable understanding on that,and,before Admiral the people was tending to the disintegration of the family,to poverty Maitland's departure in October,also on the declared intention of the and misery.An evil such as opium is should be eradicated,not tolerated. British Admiralty to send warships occasionally to the outer anchorages. The laws against it should be enforced.If the exportation of silver can Admiral Maitland's visit synchronized with steadily mounting be prevented,why not the importation of opium:the two evils could be opposition at Peking to the opium trade with consequent heavier pressure suppressed by a single measure.The cultivation of the poppy,too,in on the local officials to do their duty,greater activity on the part of China-already widely grown in at least six provinces-should be for- traffickers in the drug,and,as might be expected,growing disorder and bidden.To derive revenue from such an evil thing was iniquitous. lawlessness.Fearful of the wrath to come,the higher local officials felt Opium smokers should be heavily punished,and so,too,should the constrained to exert themselves,and embarked on a campaign for the Chinese who smuggled the drug,and all who in any way were connected destruction of native smuggling boats,for the imprisonment of native with the purchase and sale of it.The foreign traders should be reasoned smugglers,and for the seizure and destruction of the drug.But the trade with,and if that proved ineffective,then force should be employed.The was too lucrative to be stayed by half-hearted and haphazard measures prohibitionists carried the day.In response to an Imperial edict the Deprived of the use of native-owned“fast crabs”and“scrambling Viceroy,in November 18g6,ordered the expulsion from Canton of nine dragons"the foreign dealers put into commission craft of their own- foreign merchants,English,American,and Indian,who were the lead- cutters and small schooners manned by armed Lascars,while those ing importers of the drug.Three weeks later the order was repeated. officials,who still dared to,made use of Chinese Government boats:the Nevertheless the nine.offenders remained.In shielding the British former resisted by force any attempt to search or detain them,and the concerned Elliot was practically giving his protection to the opium trade. latter as official vessels were naturally exempt from interference. All during 1837 and 1888 edicts,both Imperial and local,and Occasionally,a consignment would be seized and burned;but as likely memorials followed each other in rapid succession.There were edicts as not the drug was being openly bought and sold in the immediate for the punishment of opium addicts,for the abolition of the swift vicinity of the burning.Chests seized would disappear mysteriously,or, passenger boats which conveyed the opium from Lintin to Canton,for on being opened would be found to contain balls of clay.The security the prohibition of the export of silver and for the import of opium,for merchants of the cohong grew alarmed,as the legitimate trade was being the dispersion of the receiving ships at Lintin,and for the suppression dislocated by this opium racket,while there was the ever-present danger of the illicit traffic on the east coast.To the ordinary onlooker this may of their being held responsible for the foreign dealers in the drug who have "appeared to be no more than a shower of rockets on a mild summer's rented factories from them,and used such factories as occasional store- evening;"s but to Elliot it was something more.He was beginning to houses for consignments of opium.They warned the foreign traders realize that in the eyes of the Chinese officials a man who claimed to be a against the illegalities committed by their cutters and small schooners representative of the British Government,was expected to be vested with operating between Lintin and Canton.The warning went unheeded.A autocratic powers for the control of his nationals,and that he was directly few months later the Innes smuggling incident took place,when his responsible for any show of disobedience on their part.Better,too,than security merchant was arrested and pilloried. the merchants he realized the latent danger of depending on the Things came to a head in December that year(18g8).On the 1sth continued inertness or complicity,of the officials,and of repressive of that month the Chinese authorities began to make preparations for the measures which would only end in organized piracy.He accordingly urged execution of an opium dealer by strangulation in the square in front of Lord Palmerston that the Government should send out a special the factories.Regarding this as nothing but a provocative insult the
48 HART AND THE 'CHINESE CUSTOMS probably commit some act of cruel violence that will make any choice but armed interference impossible to our own Government."2 A prophetic warning written three years before that act of violence was committed. On second thought some months later Elliot changed his mind. He became sanguine that legalization of the opium trade was imminent, and that its coming would bring with it a much-desired easing of the situation. But Captain Elliot's optimism, as usual, was premature. Counter memorials now began to pour in, among which was one from a member of the Board of Rites, another from a sub-Censor of the Military Department, and yet another from a Censor of the Kiang-nan Circuit. Their arguments against legalization were political, moral, and economic. It was maintained that the purpose of the English in fostering this trade was to corrupt and enfeeble the nation, so as to make conquest more e.asy. Already the army was being ruined by it, and officials and the literati were in danger of the same fate, while its widespread use among the people was tending to the disintegration of the family, to poverty and misery. An evil such as opium is should be eradicated, not tolerated. The laws against it should be enforced. If the exportation of silver can be prevented, why not the importation of opium: the two evils could be suppressed by a single measure. The cultivation of the poppy, too, in China-already widely grown in at least six provinces--should be forbidden. To derive revenue from such an evil thing was iniquitous. Opium smokers should be heavily punished, and so, too, should the Chinese who smuggled the drug, and all who in any way were connected with the purchase and sale of it. The foreign traders should be reasoned with, and if that proved ineffective, then force should be employed. The prohibitionists carried the day. In response to an Imperial edict the Viceroy, in November 1836, ordered the expulsion from Canton of nine foreign merchants, English, American, and Indian, who were the leading importers of the drug. Three weeks later the order was repeated. Nevertheless the nine· offenders remained. In shielding the British concerned Elliot was practically giving his protection to the opium trade.' All during 1837 and 1838 edicts, both Imperial and local, and memorials followed each other in rapid succession. There were edicts for the punishment of opium addicts, for the abolition of the swift passenger boats which conveyed the opium from Lintin to Canton, for the prohibition of the export of silver and for the import of opium, for the dispersion of the receiving ships at Lintin, and for the suppression of the illicit traffic on the east coast. To the ordinary onlooker this may have "appeared to be no more than a shower of rockets on a mild summer's evening;"3 but to Elliot it was something more. He was beginning to realize that in the eyes of the Chinese officials a man who claimed to be a representative of the British Government, was expected to be vested with autocratic powers for the control of his nationals, and that he was directly responsible for any show of disobedience on their part. Better, too, than the merchants he realized the latent danger of depending on the continued inertness or complicity, of the officials, and of repressive measures which would only end in organized piracy. He accordingly urged Lord Palmerston that the Government should send out a special HART AND THE CHINESE CUSTOMS 49 commissioner to open direct negotiations with the Peking Government for the legalization of the opium trade, and that the Government should define its own position in regard to the prevention or regulation of this trad~. ~he special commissioner was not sent, butin response to Elliot's applIcatIOn for naval protection of British interests Admiral Sir Frederick. Maitland of the East India station was directed to visit China, and to arrang~ that one or I?ore w.arships should be sent there as frequently as possIble. The admIral arrIved 111 the middle of July 1838, and, so far as the .high pr~vi?cial authorities were concerned, was accorded a frosty rec:ptIOn. EllIOt s lette~ to the Governor announcing Sir Frederick.'s arrIval, was returned, as It lacked the superscription ping. The Chinese Adm~ral Ru~n T'ien-p'ei similarly declined to accept a letter from AdmIral Maitland. The two admirals, however, did get tocrether over ~ shootinfJi incident. ~ Chinese fort had opened fire on a pas~enger boat 111 the mIstaken. belIef that Adm~ral Maitland was on board. They reached an amIcable understandmg on that, and, before Admiral Maitland's departure in October, also on the declared intention of the British Admiralty to send warships occasionally to the outer anchorages. A.d~iral M~itland's visi.t synclrronized with steadily mounting OppOSitIOn at PekI?g to the opIUm trade with consequent heavier pressure on the loc.al offiCIals to do thei~ duty, greater activity on the part of traffickers 111 the drug, and, as mIght be expected, growing disorder and lawlessr;ess. Fearful of the wrath to come, the higher local officials felt c.onstral?-ed to exe!t themsel~es, and embarked on a campaign for the destructIOn of natIve smugglmg boats, for the imprisonment of native smugglers, and for the seizure and destruction of the drug. But the trade was too lucrative to be stayed by half-hearted and haphazard measures. Deprived of the use of native-owned "fast crabs" and "scramblincr dragons" the foreign dealers put into commission craft of their own~ cutt:rs and sn::all schooners manned by armed Lascars, while those offiCIals, who stIll dared to, made use of Chinese Government boats: the former resisted by force any attempt to search or detain them, and the latter. as official ,:essels were naturally exempt from interference. OccaSIOnally, a cOllSIgnn:ent would be seized and burned; but as likely as not the drug was bemg openly bought and sold in the immediate vicini~y of the burning. Chests seized would disappear mysteriou&ly, or, on bemg opened would be found to contain balls of clay. The security n::erchants of th~ coh?ng grew alarmed, as the legitimate trade was being dI.sloc~ted ~y thIS opIUm racket, while there was the ever-present danger of theIr bem!? held responsible for the foreign dealers in the drug 'who rented factOrIes from them, and used such factories as occasional storeho~ses for c~msi~rr;ents of ?pium. They warned the foreign traders agamst the lllegahtIes commItted by their cutters and small schooners operating between Lintin and Canton. The warning went unheeded. A few ~onths later the Innes smuggling incident took place, when his securIty merchant was arrested and pilloried. Things came to a head in December that year (1838). On the 12th of that. month the ~hinese authorities began to make preparations for the executIOn .of an OpIUn;t deale.r by stran!?ulation in the square in front of ,the factOrIes. Regard111g thIS as noth111g but a provocative insult the
50 HART AND THE CHINESE CUSTOMS HART AND THE CHINESE CUSTOMS 心 foreigners removed all the execution paraphernalia,and in doing so met Little did that impetuous statesman but great patriot Lin Tse-hsui no resistance.A large crowd gathered without making any demonstration think,when he submitted his anti-opium memorials in 1858 that he of hostility;but an ill-advised attempt on the part of the foreigners to was advocating a course which would plunge his country into a clear away this crowd with the use of sticks aroused resistance.The disastrous war,and,by forcing her into treaty relations with foreign foreigners were driven inside the factories,which the crowd then stoned. Powers,would not only shatter the whole fabric of her assumed The shindy continued for several hours until the mob was dispersed by superiority but actually reduce her to a position of inferiority as these Chinese military.The Chamber of Commerce protested to the Viceroy treaties-instead of being satisfied with opening the country to foreign against the attempt to turn into an execution ground the open space trade and laying down terms of equality for official intercourse-were,by which thitherto had been regarded as the place of recreation for the imposing a conventional tariff,to deprive her of tariff autonomy,and, residents of the factories.The Viceroy replied by reminding them that by stipulating for extraterritoriality,to remove from her jurisdiction the this land,though temporarily allowed to be used by foreigners,was foreigners within her gates.Had he forseen this,Lin might not have Chinese territory;that the execution had been ordered to be carried out gone to the lengths he did in his contumelious treatment of the British there as a warning to challenge attention and to cause reflection;and community at Canton;but,on the other hand,so filled was he with that further executions of offenders against the anti-opium laws might faming indignation at the iniquity and banefulness of this opium be carried out on that self-same spot.On hearing of the incident traffic,that he might have thought the price worth paying if only China Palmerston demanded to be informed whether the foreigners who had could be quit of the evil thing.But the possibility of defeat never seems resisted were British subjects only,and "upon what alleged grounds of to have entered Lin's mind,and that in itself is significant.During the right those persons considered themselves entitled to interfere with the summer and autumn of 1838,when he was Viceroy of Hupei and Hunan, arrangements made by the Chinese officers of justice for carrying into Lin submitted,in all,three memorials dealing with the opium trade.In effect in a Chinese town the orders of their superior authorities."4 the first he discusses the question of punishment for smokers and all Long before that despatch reached him,Elliot had to take action connected with the traffic in the drug,and suggests plans for its Owing to the Innes affair the Chinese had placed an embargo on all suppression in the second he recounts with detail the success which trade,and this riot had only made matters worse.Five days after the had attended his efforts during his anti-opium campaign in Hupei and latter incident he convened a public meeting of all residents,and on the Hunan;while in the third he lays strong emphasis on the economic following day-18th December-issued a notice to British subjects, issue raised by the drain of silver from the country to pay for opium; ordering all British-owned opium-carrying craft to leave the river in the body of this memorial he deals again with the punishment of forthwith,warning the owners of such boats that resistance to search smokers and divan keepers,but his main theme is the financial and seizure was a lawless act,and that if a Chinese were killed by a impoverishment of the nation caused by this traffic in a pernicious drug. British subject engaged in smuggling such subject would be liable to The Emperor Tao Kuang,who was at heart a reformer and who had capital punishment by English law,and finally,notifying all concerned already tried to purge a corrupt court,summoned Lin to Peking,and, that there would be no protection for any opium-carrying boat when after frequent conferences,appointed him in December 1838 Imperial seized by the Chinese.In issuing that notice Elliot was simply following High Commissioner with full powers to investigate and deal with the the instructions given to his former chief,Lord Napier that he was to situation at Canton impress on all British subjects the necessity of observing the laws and customs of the Chinese Empire,although the Chinese authorities It took over two months for the Imperial Commissioner to make construed his action as an official condemnation of the opium trade, his way south to his destination,and in that brief respite the Viceroy and as a proof that he regarded himself as having the power to restrain and his colleagues-in a burst of moral fervour not unmixed with fear British offenders,and could therefore be held responsible for the -intensified their efforts at suppression,even going so far as to strangle continuance of this contraband trade.As the British merchants,however, an opium dealer in the factory square.Elliot was now convinced that were not disposed to take Elliot at his own valuation,and deferred the Imperial Court at Peking was determined to put an end to the opium compliance,he appealed to the Viceroy,-using the character ping trade once and for all;but many of the foreign merchants were sceptical forbidden by Palmerston-asking for official confirmation of his action, of official declarations and warnings.They were swiftly disillusioned. and then-seemingly oblivious that he was stultifying his notice of the In Lin for the first time they met not only an honest Chinese official, 18th December-requested an official reply that he might "be able to but an official who was actually zealous in deeds as well as in professions, in fact,an autocrat with belief in blitzkrieg methods.Shortly after his impress on his countrymen,in cases of emergency,that he is acting at arrival he issued an edict censuring the cohong of security merchants Your Excellency's requisition,that his representations may be more for connivance in the opium trade and in the export of silver,accusing effectual,and that his own government may see that he has had proper them of being money-grubbers and trucklers to foreigners,and warning authority as well as urgent occasion for his proceedings."5 In the end, them that execution by.strangulation awaited some of them if the stocks the opium carriers were removed from the river,and on the ist January, of opium held by the'foreigners were not handed over.Next,he struck 1839 the embargo on trade was lifted. at the foreign traders,rebuked them for the import of opium,and
50 HART AND THE CHINESE CUSTOMS foreigners removed all the execution paraphernalia, and in doing so met no resistance. A large crowd gathered without making any demonstration of hostility; but an ill-advised attempt on the part of the' foreigners to dear away this crowd with the use of sticks aroused resistance. The foreigners were driven inside the factories, which the crowd then stoned. The shindy continued for several hours until the mob was dispersed by Chinese military. The Chamber of Commerce protested to the Viceroy against the attempt to turn into an execution ground the open space which thitherto had been regarded as the place of recreation for the residents of the factories. The Viceroy replied by reminding them that this land, though temporarily allowed to be used by foreigners, was Chinese territory; that the execution had been ordered to be carried out there as a warning to challenge attention and to cause reflection; and that further executions of offenders against the anti-opium laws might be carried out on that self-same spot. On hearing of the incident Palmerston demanded to be informed whether the foreigners who had resisted were British subjects only, and "upon what alleged grounds of right those persons considered themselves entitled to interfere with the arrangements made by the Chinese officers of justice for carrying into effect in a Chinese town the orders of their superior authorities."4 Long before that despatch reached him, Elliot had to take action. Owing to the Innes affair the Chinese had placed an embargo on all trade, and this riot had only made matters worse. Five days after the latter incident he convened a public meeting of all residents, and on the following daY-18th December-issued a notice to British subjects, ordering all British-owned opium-carrying craft to leave the river forthwith, warning the owners. of such boats that resistance to search and seizure was a lawless act, and that if a Chinese were killed by a British subject engaged in smuggling such subject would be liable to capital punishment by English law, and finally, notifying all concerned that there would be no protection for any opium-carrying boat when seized by the Chinese. In issuing that notice Elliot was simply following the instructions given to his former chief, Lord Napier that he was to . impress on all British subjects the necessity of observing the laws and customs of the Chinese Empire, although the Chinese authorities construed his action as an official condemnation of the opium trade, and as a proof that he regarded himself as having the power to restrain British offenders, and could therefore be held responsible for the continuance of this .contraband trade. As the British merchants, however, were not disposed to take Elliot at his own valuation, and deferred compliance, he appealed to the Viceroy,-using the character ping forbidden by Palmerston-asking for official confirmation of his action, and then-seemingly oblivious that he was stultifying his notice of the 18th December-requested an official reply that he might "be able to impress on his countrymen, in cases of emergency, that he is acting at Your Excellency'S requisition, that his representations may be more effectual, and that his own government may see that he has had proper authority as well as urgent occasion for his proceedings."5 In the end, the opium carriers were removed from the river, and on the 1St January, 1839 the embargo on trade was lifted. HART AND THE CHINESE CUSTOMS 51 Little did that impetuous statesman but great patriot Lin Tse-hsLi think, when he submitted his anti-opium memorials in 1838 that he was advocating a course which would plunge his country into a disastrous war, and, by forcing her into treaty re'!lations with foreign Powers, would not only shatter the whole fabric of her assumed superiority but actually reduce her to a position of inferiority as these treaties-instead of being satisfied with opening the country to foreign trade and laying down terms of equality for official intercourse-were, by imposing a conventional tariff, to deprive her of tariff autonomy, and, by stipulating for extraterritoriality, to remove from her jurisdiction the foreigners within her gates. Had he forseen this, Lin might not haye gone to the lengths he did in his contumelious treatment of the British community at Canton; but, on the other hand, so filled was he with flaming indignation at the iniquity and banefulness of this opium traffic, that he might have thought the price worth paying if only China could be quit of the evil thing. But the possibility of defeat never seems to have entered Lin's mind, and that in itself is significant. During the summer and autumn of 1838, when he was Viceroy of Hupei and Hunan, Lin submitted, in all, three memorials dealing with the opium trade. In the first he discusses the question of punishment for smokers and all connected with the traffic in the drug, and suggests plans for its suppression in the second he recounts with detail the success which had attended his efforts during his anti-opium campaign in Hupei and Hunan; while in the third he lays strong emphasis on the economic issue raised by the drain' of silver from the country to pay for opium; in the body of this memorial he deals again with the punishment of smokers and divan keepers, but his main theme is the financial impoverishment of the nation caused by this traffic in a pernicious drug. The Emperor Tao Kuang, who was at heart a reformer and who had already tried to purge a corrupt court, summoned Lin to Peking, and, after frequent conferences, appointed him in December 1838 Imperial High Commissioner with full powers to investigate and deal with the situation at Canton. It took over two months for the Imperial Commissioner to make his way south to his destination, and in that brief respite the Viceroy and his colleagues-in a burst of moral fervour not unmixed with fear -intensified their efforts at suppression, even going so far as to strangle an opium dealer in the factory square. Elliot 'was now convinced that the Imperial Court at Peking was determined to put an end to the opium trade once and for all; but many of the foreign merchants were sceptical of official declarations and warnings. They were swiftly disillusioned. In Lin for the first time they met not only an honest Chinese official, but an offiCial who was actually zealous in deeds as well as in professions, in fact, an autocrat with belief in blitzkrieg methods. Shortly after his arrival he issued an edict censuring the cohong of security merchants for connivance in the opium trade and in the export of silver, accusing them of being money-grubbers and trucklers to foreigners, and warning them that execution by, strangulation awaited some of them if the stocks of opium held by the' foreigners were not handed over. Next, he struck at the foreign traders, rebuked them for the import of opium, and