CHINA'S STRUGGLE FOR TARIFF AUTONOMY: 1843-1938 By STANLEY F.WRIGHT Sometime Commissioner,Chinese Customs Service CH'ENG-WEN PUBLISHING COMPANY TAIPEI 1966 167806
CHINA'S STRUGGLE FOR TARIFF AUTONOMY: 1843 -1938 By STANLEY F. WRIGHT , Sometime Commissioner, Chines;; Customs Service CH'ENG-WEN PUBLISHING COMPANY TAIPEI 1966 1. 780
CONTENTS ABBREVIATIONS Am. =American. Art. Article. B.P.P. British Parliamentary Paper. British. PREFACE ix Br. 4 C.A. Customs archives. C.P. Customs publication. CHAPTER I.The Genesis of the Five per cent Ad Ch.Rep.=Chinese Repository. Valorem Treaty Tariff.. 。 1 Cire. Circular. F.0. =British Foreign Office archives. CHAPTER II.The Administration of the Tariff:The Fr. =French. origin of the Inspectorate of Customs 82 I.G. Inspector General. N.C.D.N. North-China Daily News. CHAPTER III.The.Administration of the Tariff:From N.C.H. North China Herald. the Creation of the Inspectorate of s/0 Semi-Official. Customs to the Revision that Failed.. 177 Tr. Treaty. CHAPTER IV.From the Revision that.Failed to the Revision of 1902 . 259 CHAPTER V.From the Revision that Failed to the Peking Tariff Conference of 1925-1926..347 CHAPTER VI.The Peking Tariff Conference of 1925-1926 461 CHAPTER VII.The Aftermath of the Peking Conference. The Levying of the Surtaxes.The regain- ing of Tariff Autonomy . 601 APPENDICES 693 INDEX 749
Am. Art .. B.P.P. ABBREVIATIONS Am!)rican. Article. British Parliamentary Paper. Br. British. C.A. Customs archives. C.P. Customs publication. Ch. Rep. = Chinese Repository. Cire. F.O. Fr. I.G. N.C.D.N. N.C.H. S/O = Circular. British Foreign Office ar~hives. = French. = Inspector General. North-China Daily News. = North China Herald. = Semi-Official.. Tr. = Treaty. PREFACE CHAPTER CONTENTS 1. The Genesis of the Five per cent Ad ValorMn Treaty Tariff CHAPTER II. The Administration of the Tariff: 'rhe origin o{ the Inspectorate of Customs CHApTER III. The .Administration of the Tariff: From the Creation of the Inspectorate of Customs to the Revision that tailed ix 1 82 177 CHAPTER IV. From the Revi~ion that. Failed to the Revision of 1902 .. 259 CHAPTER V. From the Revision that Failed to the Peking Tariff Conference of 1925-1926.. .347 CHAPTER VI. . The Peking Tariff Conference of 1925-1926 ·461 CHAPTER VII. The Aftermath of the Peking Conference. The Levying of the Surilaxes. Theregaining of Tariff Autonomy 601 ApPENDICES 693 INDEX 749
PREFACE Should anyone open this book expecting to find in it an attempt to tell the story of that unique institution-the Chinese Customs Service-he will be disappointed.He will find nothing here,except in passing references,about the building up,through the agency of the Service,of the Chinese Postal Administration with its far-flung activities in the public weal,or of the Marine Department with its model system of aids to navigation,-light- houses,wireless signal stations,buoys,and beacons-located at almost every danger spot on China's coast line and.on her navigable rivers,or of the Statistical Department for the com- piling and publishing of China's trade statistics,which today in efficiency and equipment outrivals similar institutions in most other countries.Nor will he find any account of those numerous other activities in which the Service has taken a leading part, such as the fostering of higher education through the T'ung Wen Kuan,the helping to set going and to sustain China's diplomatic and consular service,the promoting of harbour and conservancy works,the supervising of quarantine and port sanitary measures in the days when there was no local or national organization for the purpose;the collecting and organizing of the exhibits of China's arts and industries for many international exhibitions, and in later days the watching over the service of foreign and domestic obligations secured on the Customs revenue.On the other hand,he will find a detailed account of the origin of the Service,such an account being essential to an understanding of China's tariff history.as the Service was called into being for the express purpose of enforcing the impartial administration of China's treaty tariff at a moment when civil strife,lawlessness on land and sea,mercantile defiance of authority,and corrupt practices of both traders and officials.had made that tariff,and the Customs procedure enjoined by the treaties,"more honoured in the breach than the observance." ix
PREFACE Should anyone open this book expectip.g to find in it an attempt to tell the story of that unique institution-the Chjnese Customs Service-he will be disappointed. He will find nothing h~re,except in passingrefer.ences,.atiout the building up, through the agency of the Service, of the Chinese P.ostal Administration with its far-flung activities in the public weal, or of the Marine Department with its model system of aids to navigation,-lighthouses, wireless signal stations, buoys, and beacons-located at almost every danger spot on China's coast line and _ 011 her navigable rivers, or of the Statistical Department for the compiling and publishing of China's trade statistics, which today in efficiency and equipment outrivals similar institutions in most other countries. Nor will he find any account of those numerous other activities in which the' Service has taken a leading part, such as the fostering of higher education through the T'ung Wen Kuan, the helping to set going and to sustain China's diplomatic and consular f)ervice, the promoting of harbour and conservancy works, the supervising of quarantine and port sanitary measures in the days when there was no local or national ·organization for the purpose; the collecting., and organizing of the· exhibits of China's arts and industries for many international exhibitions, and in later days the watching over the service of foreign and domestic obligations secured on the Customs revenue. On the other hand, he will find a detailed account of the origin of the Service, such an account being essential to an understanding of China's tariff history. as the Service was called into being for the express purpose of enforcing the impartial administration of China's treaty tariff at a moment when civil strife, lawlessness on land· and sea, mercantile defiance of authority, and corrupt practices of both traders and officials. had made that tariff, and the Customs procedure enjoined by the treaties, "more honoured in the breach than thE;: observance." ix
PREFACE PREFACE xi The story of China's struggle for tariff autonomy is one that War and the subsequent conferences at Versailles and Washington touches many aspects of China's relations with foreign Powers. prepared the way for China's release from foreign dictatorship That autonomy was lost-unwittingly one might say-through a of what her tariff should be,and how at last that release came treaty imposed by a victor,and was regained after almost through the Peking Conference with its aftermath of surtaxes, ninety years not by one but by a series of treaties,born of and through the reborn spirit of national independence.The the spirit of China's national renascence and the slow-moving spirit of restitution of her foretime exploiters.Those ninety story is but an episode in China's history,but,slight as that episode may be,it is one which in the interests of peace and years were fraught with greater changes,political,economic, and social,than any that had taken place in any previous century goodwill men would do well not to forget. of China's age-long history,and in those changes this rigid treaty No apology is offered for devoting a whole chapter to the tariff,the revenue derived from it,and especially the conditions Peking Tariff Conference of 1925-1926,it will,no doubt,be which maintained.that.tariff played no insignificant role.The found heavy going,a Sahara of facts,figures,and opinions where the hapless reader may well founder and perish.But the follow- treaty tarif,devised as a measure of relief from what were felt to be intolerable trade conditions,became as time went on the ing of the battle of wits as it developed from day to day at that symbolic expression of a policy.Foreigners had come to China conference helps materially to a clear and full understanding of both the Chinese and the foreign points of view.In fact,that in quest of trade;their chief requirement was an outlet for their conference is an outstanding landmark in China's tariff history, manufactured products,and in.ignoranee of actual conditions and a knowledge of what was discussed and of what happened they believed that in China they had found an illimitable market. there is essential.to a correct appreciation of the tariff develop- Having forced the gate,and having become acquainted with the conditions obtaining within,they decided that the interests of ments that have taken place since then.For over eighty years prior to.the holding of that conference China had been in a.state their trade demanded not only firm adherence to a low standard tariff,but also insistence on the concomitants of privileged of tariff bondage.The resolution to break those fetters was sealed at that conference,and within two years from the closing taxation of transit trade,and of privileged.protection of the of the conference she had regained her freedom,but freedom foreign trader from the law of the land in which he traded.To in a world gone mad on economic nationalism. be fully understood,therefore,the story of China's struggle for What of the future?It is no part of the purpose of this tariff autonomy from the Treaty of Nanking to the treaties of yesterday must embrace not simply the dry as dust facts'concern- book to prophesy;but China's tariff freedom is once more at stake.Is 'she fated to lose it again,and,if so,will that not ing the origin and composition of the treaty tariff,but also some account of how under pressure of internal disorder that tariff inevitably result in fresh states of increasing economic conflict? came to be administered under a foreign Inspectorate,how by the Or,is it possible that the present phase may be but a stage in that evolutionary process which 'some day may ultimately lead stress of unsettled political conditions it was made applicable to the coastwise conveyance of native goods in foreign bottoms,how to economic internationalism?"Il n'est point de secrets que le temps ne revele." the collecting of half its rates as transit dues on goods to and Grateful acknowledgments are due to the late Sir Francis from the interfor clashed with the trade-taxing interests of the provincial governments and became the source of endless bicker- Aglen,K.B.E.,G.C.M.G.and to his successor Sir Frederick Maze, K.B.E.for their permission to make use of the voluminous archives ing between foreign ministers and Consuls on the one hand and Chinese authorities,provincial and eentral,on the other,how at the Inspectorate of Customs;to His Excellency Dr.H.H.Kung, Minister of Finance,for writing the Chinese title which adows Hongkong.as a foreign free-trade port on China's coast grew into a hotbed of smuggling and a constant menace to China's the front cover;and to the authorities of the British Foreign revenue rights,how some projected revisions of the tariff failed, Office for so graciously and readily permitting me to consult their invaluable collection of documents and State papers. while others were carried out but always'in such a manner as to give China the barest minimum of revenue and the foreign negotiators the maximum of trade advantage,how the Great S.F.W. Shanghai.26th April,1938
x PREFACE The story of China's struggle for'tariff autonomy is one that to'uches. many aspects of China's relations with foreign Powers. That autonorny was lost--unwittingly one might say-through a treaty imposed by a victor,and was regained after almost ninety years not by one but by a series of treaties, born of the spirit of China's 'national renascence and the slow-moving spirit of restitution of her foretime exploiter!!. Those ninety years were fraught with greater changes, political, economic, and social, than any that had taken place in any previous century of China's age-long history, and in those changes this rigid treaty , tariff, the revenue derived from it, and especially the conditions which maintained, that, tariff played no insignificant role. The treaty tariff, devised asa measure of relieffrorn what were felt tq be intolerable trade conditions, became as time went on the symbolic expression of a policy'. , Foreigners had come to China in quest of trade; their chief requirement was' an ou~let for their manufactured products,and in. 'jgnoranceof actual conditions they believed that in China they had found .anillimitable market. Having forced the gate, a,nd having become acquainted with the conditions' obtaining within, they decided that the interests. of their trade demanded not only firm adherence to a low standard tariff, but also insistence on the concomitants of privileged taxation of transit trade,and of privileged., protection of the foreign trader from the law pf the land in which he traded.' 'To be fully understood, therefore, the story of China's struggle for -tariff ·autonomyfrom the Treaty of Nanking to the treaties of yesterday' mustembrace not simply 'the dryas dust facts'concerning the origin and composition of the treaty tariff, but also some account of how under pressure of internal disorder that tariff came to be administered under a foreign Inspectorate, hoW by the stress of unsettled political conditions it was made appli~able to the coastwise .conyeyance of native goods in foreign bottoms, how the collecting of' half .its rates as transit dues on ,goodE! to and , from the interior clashed with the trade-taxing interests of the provincial governments and became the source of endless bicker- , ilW between foreign ministers and Consuls on the one hand' and Chinese authorities, provincial and eentral, on the other, how Hongkong, as a foreign free-trade port on China's cpast grew into a hotbed of smuggling and a constant menace to China's revenue rights, how some projected revisions of the tariff failed, while others we.re carried out but always'in such a manner as to give China the barest minimum of revenue and the foreign negotiators the maximum of, trade I advantage, how the Great PREFACE xi War and the subsequent conferences at Vers-ailles and Washington prepared the way for China's release from foreign dictatorship of what her tariff should be,and how at last that release came through the Peking Conference with its aftermath of surtaxes, and through the reborn spirit of national 'independence. The story is but an episode in China's history, but, slight as that episode may be, it is one which in the interests of peace and goodwill men would do well not to forget. No apology is offered for devoting a whole chapter to the Peking 'l'ariff Conference of 1925-1926, it will, no doubt, be found heavy going, a Sahara of facts, figures, and opinions where the hapless reader may well founder and perish. But the following of the battle of wits as it developed from day to -day at th~t conference helps materially to a clear and full understanding of both the Chinese and the foreign points of view. In f.act, that conference is ,an outstanding landmark in China's tarifl; history, and a knowledge of what was discussed arid of what happened there is essential to a correct appreciation of ' the tariff developments that have taken place since then. For over eighty years prior to. the holding of that conference China had been ill a' state of tariff· bondage. The resolution to break those fetters was sealed' at that conference, and withIn two years from the closing of the conference she had regained her freedom, buto freedom in a world gone'mad on economic nationalism. What of the future? It is no part of the purpose of this book to prophesy; but' China's ,tariff freedom is once more at stake. Is 'she fated to lose it again, and, if so, will that not inevitably result in fresh states of increasing-economic conflict? Or is it possible that the present phase maybe but a stage in th~t evolutionary process which some day may ultimately lead to economic internationalism? "Ii n'est point de secrets que le temps ne reveleo" , Grateful acknowledgments are due to the late Sir Francis Aglen, lLB.E., G.C.M.G. and to his successor Sir Frederick Maze, K.B.E. for their permission to make use of the voluminous archives at the Inspectorate of Customs ;to His Excellency Dr. H, H. Kung, Minister of Finance, for writi;ng the Chinese title which ad OMS the front cover' and to the authorities of the British Foreign Office fOISO gra~iously and readily permitting me to consult their invaluable collection of documents and State papers. S. F. W, Shanghai, 26th April, 1938
CHAPTER I. THE GENESIS OF THE FIVE PER CENT AD VALOREM TREATY TARIFF. $1.China's tariff in pre-treaty days administered by provincial author- ities.Tariff and trading conditions at Canton prior to Treaty of Nanking. $2.Effect of Treaty of Nanking.Negotiations for drawing up of a tariff and fixing of rates. Pottinger's difficulties.$3.Preparation of the tariff. Rates adopted based on old Imperial tariff,not on fixed five per cent ad valorem basis.Analysis of tariff rates.$4.Treaty clause on transit dues further proof that tariff rates were not on inflexible five per cent ad valorem basis.$5.Opium trade not dealt with by Nanking treaty. Rapid growth of this contraband trade.Successive British Plenipotentiaries urge legalization.$6.Tariff currency rate.Origin and value of Haikwan Tael.Duty-paying currencies:Canton assay (July 1848)of foreign dollars. Premium on sycee and on Carolus dollars.7.Cession of Hong- kong to Great Britain and its status as a free port raises question of protection of Chinese revenue. Measures adopted to this end. Failure of these measures.$8.Differences between the British,the American,and the French treaty tariff schedules.$9.Nanking treaty provides for British Consular intervention in prevention of smuggling.10.Preventive stipula- tions in early treaties.Chinese preventive laws in force at time of signing of treaties. $11.Treaty tariff of Nanking and China's tariff autonomy. $12.Abolition of ship's measurement fees. Substitution of tonnage dues. Passing of Co-hong.13.Trade depression of eighteen forties not due to Customs duties in China. $14.Growth of opium trade. Effect of Taiping Rebellion on trade.Origin and development of likin. $15.Capture of Shanghat by rebels.Origin of the foreign Inspectorate of Customs. Pre- valence of smuggling at Shanghai and other treaty ports.16.Tarifl and trade clauses of Treaty of Tientsin.17.Tariff reduction,and other, proposals of Shanghai Chamber of Commerce.$18.Reduction,and other, proposals made by foreign merchants of Canton.$19.Views of British Consul at Ningpo. $20.Constitution and activities of tariff revision com- mission.Birth of the five per cent ad valorem tariff.$21.Failure of early efforts to legalize opium trade.Growth of,and disorders caused by the trade:Legalization of opium trade.$22.Settlement of rate and procedure of levy of transit dues.$28.Extension of foreign inspectorship system of Customs.24.Tariff accepted by American and French Plenipotentiaries $1.In the days prior to the Treaty of Nanking China's tariffs in pre-treaty (1842)China enjoyed complete tariff autonomy. days adminis. From the very beginning of her trade intercourse .tered by provincial with other nations,reaching back into the dim authorities and misty age of the Chou dynasty,when we first Tariff and trading condi- hear of the taxation of foreign trade (circa 990 tions at Canton B.C.)China's sovereign right to decide what taxes prior to Treaty of Nanking. she should levy on her imports and exports,as well as on her internal trade,had never been
CHAPTER I. THE GENESIS OF THE F~VE PER CENT AD VALOREM TREATY TARIFF. ~ 1. China's tariff in pre-treaty days administered by provincial authqrities. Tariff and trading conditfons at Canton prior to Treaty of Nanking. § 2. Effect of Treaty of NankIng. Negotiations for drawing up of a tariff and fixing of rates. Pottinger's difficulties. § 3.' Preparation of the tariff. Rates adopted based on old Imperial tariff, not on fixed five per cent ad valorem basis. Analysis of tariff rates. § 4. Treaty clause on. transit dues further proof that tariff rates were not on inflexibie five per cent ad valor~m basis. § 5. Opium trade oot dealt with by Nanking treaty. Rapid growth of this contraband trade. Successive British Plenipotentiaries urge legalization. § 6. Tariff currency rate. Origin and value. of Haikwan Tael. Duty-paying currencies: 'Canton assay (July 1843) of foreign dollars. Premium on sycee and on Carolus dollars. § 7. Cession of Hong- . kong to Great. Britain and its status as' a free port raises question of protection of Chinese revenue. Measures adopted'to this end. Failure of these measures. § 8. Differences between the British, the American, and the French treatytariff schedules .. § 9. Nanking treaty provides for British Consular intervention in prevention of smuggling. § 10. Preventive stipulations in early treaties. Chinese preventive laws in force at time of signing of treaties. § 11. Treaty tariff of Nanking and China's tariff autonomy. § 12. Abolition of ship's measurement fees. Substitution of tonnage dues. Passing of Co-hong. § 13. Trade depression of eighteen forties not due to Customs duties in China. § 14. Growth of opium trade. Effect of Taiping Rebellion on trade. Origin and development of likin. § 15. Capture. of Shanghai by rebels. Origin of the foreign Inspectorate of Customs. Preval,ence 'Of smuggling at Shanghai and other treaty ports. § 16. Tariff and trade c1ausesof Treaty of Tientsin. § 17. Tariff reduction, and other, proposals of Shanghai Chamber of Commerce. § 18. Reduction, and other, proposals made by foreign merchants <if Canton. ' § 19. Views of British Consul at Ningpo. § 20 .. Constitution and activities of tariff revision commission. Birth of the five per cent ad valorem tariff .. § 21. Failure of early ;efforts to . legalize opium trade. Growth of, and disorders caused by the trade; Legalization of opium trade. § 22. Settlement of rate and procedure of levy of transit dues. ,§ 23. Extension of foreign inspectorship system of Customs. § ,24. Tariff accepted by American and French Plenipotentiaries. China's tariffs in pre-treaty days adminis- .tered by provincial , . authorities. Tariff and , trading conditions at Canton prior to Treaty of Nanking. § 1. In the days prior to the Treaty of Nanking (1842) Ghina enjoyed complete tariff autonomy. From the very beginning of her trade intercourse with other nations, reaching back into the dim and misty age of the Chou dynasty, when we first hear of the taxation of foreign trade (circa 990 B.C.) China's sovereign right to decide what taxes she should levy on her imports and exports, as well as on her internal trade, had never been