File No. 1571.

Minister Rockhill to the Secretary of State.

No. 233.]

Sir: Referring to my No. 122 of October 12, 1905,1 I have the honor to inclose a copy of a joint note of the representatives of the powers, signatories of the final protocol of September 7, 1901, protesting against the alleged action of the viceroy of Nanking in appointing a resident administrator of the Whangpoo Conservancy Board, in contravention of Article I of the revised agreement of September 27, 1905.1

I have also the honor to report that in conformity with Article II of the revised agreement referred to, Mr. Jan de Rijke, an experienced Dutch engineer, has been selected and appointed by China to undertake the work of the conservancy.

I have, etc.,

W. W. Rockhill.
[Inclosure 1—Translation.]

The Foreign Representative to Prince Ch’ing.

Your Highness: In the issue of the Shen Pao of January 2 there appeared the text of a document which purports to be a copy of a dispatch from the acting governor general of Nanking to the Shanghai tao-t’ai, containing instructions in regard to the establishment of a chief office of works for the conservancy of the Huangpu. We have the honor to inclose a copy of this dispatch and to request your highness to inform us whether it is authentic.

We would at the same time remind your highness that according to Article I of the revised agreement of September 27, 1905—

the works in connection with the improvement of the channel of the Huangpu River, and of the condition of the inner and outer bars at Wusung, together with the maintenance [Page 71] of such improvements, shall all be placed under the management of the Shanghai customs tao-t’ai and the commissioner of customs.

and in Article X it is laid down that—

the total sum annually provided for carrying out works and maintaining works already completed is to be paid in equal monthly installments by the provincial authorities concerned to the Shanghai customs tao-t’ai and the commissioner of customs.

We notice, however, that in the dispatch above referred to a resident administrator is appointed to transact all the business of the chief office of works, and to superintend its revenue and expenditures; that all such matters as applications to hasten remittances of money, the raising of loans, and all questions concerning funds for use in the conservancy work shall be in his charge; that he shall control the correspondence and books; and that as occasion arises he shall instruct the customs tao-t’ai and the commissioner of customs to consult and take action. It is perfectly clear, therefore, that if this dispatch is authentic the management of the Huangpu conservancy, both works and finance, is to be entirely in the hands of the resident administrator, and not, as stipulated in the two articles of the revised agreement above mentioned, in those of the customs tao-t’ai and the commissioner of customs.

We are very desirous of furthering the objects of the revised agreement of September 27, 1905, which was intended to secure the carrying out of the Huangpu conservancy works with diligence, care, and economy, but we are wholly unable to admit that the instructions of the acting governor general to the Shanghai tao-t’ai, as stated in the inclosed document, are in accordance with the terms of the revised agreement.

The favor of an early reply is requested.

We avail, etc.,

  • A. V. Mumm.
  • A. Rosthorn.
  • EdM. de Prelle,
  • M. de Carcer.
  • W. W. Rockhill.
  • M. Dubail.
  • E. Satow.
  • C. Baroli.
  • Y. Uchida.
  • W. J. Oudendijk.
  • D. Pokotilow.
[Inclosure 2—Translation.]

The Viceroy of Nanking to the Shanghai Taotai.

Whereas it has been decided that the improvement of the channel of the Huangpu shall be taken over by China herself, and the board of foreign affairs have substituted a different arrangement which they have signed with the foreign representatives at Peking and which has received the imperial sanction and has been communicated to me for execution, it becomes my duty, in compliance therewith, to establish a chief office of works for the conservancy of the Huangpu. All the matters which that office shall have to carry out must be under the management of the Shanghai tao-t’ai and commissioner of customs. But in view of the importance of this undertaking—and putting aside for the moment the engagement of an engineer, which will be done under contract when a candidate has been definitely selected, and the appointment of an inspector of works, which will be made when the date of commencement of work is fixed—it is now necessary at the first foundation of this office to appoint in addition a resident administrator (tso pan) to reside at the office and transact business.

I find that Ku T’ang-sheng, who has the rank of a second-class secretary of a metropolitan board, appears to be a suitable person to be appointed resident administrator (tso pan) to transact all the business of the office and to superintend its revenue and expenditure. All such matters as making application for the prompt remittance of funds from various sources or raising loans from capitalists, and all questions respecting funds for use in conservancy work, when they are due, how much should be obtained, and whether or not they are excessive, shall be in his charge. He shall also control the correspondence and books of the office, and as occasion arises he shall instruct the customs tao-t’ai and commissioner of customs to consult and take action. His responsibility being heavy, he shall be granted a salary at the rate of Shanghai taels 800 per mensem.

Further, in view of the magnitude of the works to be undertaken by that office and of the length of the time they will occupy during which questions will [Page 72] arise requiring advice and consultation, it is necessary that there should be an official of repute and experience to give advice on any matter, so that by the aid of his counsel the works may be carried out with expedition and economy, and in order that friction between Chinese and foreigners may be avoided. Now, I find that the former American consul general, Mr. Goodnow, is a reasonable and honorable gentleman, respected by Chinese and foreigners alike, who appears suitable to be appointed advisor, to examine into affairs in conjunction with the various officials of the conservancy office, for the purpose of assisting the management of the office and supplementing any deficiencies in the superintendence of the works of inspection. He will not, however, have independent authority. His monthly salary will be Shanghai taels 600.

Again, at the beginning, when work is being started, the resident administrator (tso pan) will not be able to cope single handed with the multifarious duties of the office, such as investigating foreshore questions, surveys, the preparation of maps and memoranda, as well as supervising the books and correpondence of the office. I find that the expectant tao-t’ai, Ho Wei, is an official of wide experience who would be suitable for the appointment of assistant administrator of this office, to help in discharging various functions. His monthly salary will be taels 200 for this purpose.

The several officials above mentioned are appointed by myself for the transaction of business. The authority for their retention or retirement should be vested in the high commissioner for southern ports, and when the engineer has arrived at the office the office shall proceed to draw up rules defining the duties of each person, which will be submitted to me for transmission to the Throne for approval and to the board of foreign affairs for purposes of record.

Besides sending these instructions I am informing the persons concerned of their appointments. The tao-t’ai, on receiving the present instructions, should comply with them without delay and consult with (his colleague) with a view to taking action (as directed).