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the Whangpoo. Comparing the opinions held by the Chinese on this matter some ten years since with those which have been just recently expressed by them in their latest action, we are struck with the advance the "black-headed people" have made in regard to emerging from a strict and bigoted conservatism into a liberal and progressive mode of thinking and acting.

The contract just signed is a significant fact of China's progressiveness, and forms a conclusive answer to those who are ringing eternal changes on the antiquated opinions formed of the conservatism of the nation. In respect to the method to be employed in removing the bar under the contract recently signed, we know but little, except that a dredger vessel is being built by Messrs. William Simon's & Co., of London Works, Renfrew, Scotland. It will be schooner-rigged, with twin screws, and of 80-horse power, nominal. It will be what is designated the "patent hopper dredger," and will carry 600 tons of mud at an average speed of seven miles per hour, lifted from the bottom to a maximum of 30 feet, at the rate of 300 tons per hour.

As to whether this dredger is to be employed directly upon the bar, or what is known as the false channel of the Whangpoo, we are not in a position to say. But from the several reports upon the best methods of clearing the river which we have seen, most of the experts concur in advocating the "development" of the north or junk channel. The advantage of this method of procedure has been ably explained and advocated in Major Bridgford's report. In this he states: "When man attempts to meddle with nature he can only succeed in permanently modifying its aspects by studying the constant laws of its phenomena and by making his works conformable to these." And in following out this axiom Major Bridgford points out that if by any reasonable means the whole volume of the river could be diverted into one channel instead of as at present being divided by Gough's Island into two, the false bars would cease to exist. Thus the junk channel would be made the true and deep course of the river, and the ship chaunel would silt up entirely. To accomplish this the major points out that the first object to be attained is the enlargement of the sectional area of the most shoal portion of the junk channel, as by having an enlarged area a much greater volume of flood-tide water will be projected past Gough's Island, and so stored for supplying the ebb with increased volume. As this enlargement progresses the strength of the ebb will at first increase in the ship's channel owing to the increased volume of water received through the junk chaunel; and will also from the same cause (plus the enlargement of the channel) increase the ebb in the junk channel.

By this method it is shown that gradually the volume discharged by the junk channel would exceed that discharged by the ship channel to such an extent that the false bar or lip at its lower end would commence to silt up, thus increasing the choke to the ebb in that channel. The principal advantages claimed by Major Bridgford for this method of attack are summarized as follows: First, that the navigation will not be impeded during the progress of the works; second, it will give more rise of tide up the river; third, the restoring of that section of the river to one channel, navigable at all times of tide, instead of at present having two channels that are only navigable at certain times of tide.

As we have already stated, we are in ignorance as to whether the dredger which is to arrive in Shanghai within nine months from the present time will work upon the system advocated by the above report. But experts in this matter are of opinion that instead of using steam hoppers and carrying mud out to sea, it might be cheaper to discharge it on the banks where it could be utilized. This could easily be accomplished by what is known as an “overhead traveller," or if it were discovered that sand had accumulated in the bed of the channel, it could speedily be conveyed ashore by a "flume," similar to those used with such signal success in the Suez Canal. But by whatever means the new dredger is to work, we have all to be thankful that at length the barrier is to be abolished, and that at the end of the present year we can exclaim, "Away with it."

No. 59.]

No. 73.

Mr. Holcombe to Mr. Frelinghuysen.

LEGATION OF THE UNITED STATES, Peking, February 2, 1882. (Received April 15.) SIR Referring to my dispatch No. 54, in regard to the dredging of the Woosung bar, I have the honor to inform you that I mentioned the matter to the ministers of the foreign office to-day. They requested

me, informally, to say to the Department that the scheme as given in the newspaper extract is correct; that work is to be begun within the current year; that the water on the bar is to be deepened by about ten feet (which will give, I believe, an average depth of about 26 feet at high water), and that the entire expense is to be borne by the Chinese Government, no tax for it being laid upon the commerce of Shanghai. I thanked the ministers for this information, and congratulated them on behalf of the Government of the United States upon their decision to undertake this much needed improvement.

I have, &c.,

CHESTER HOLCOMBE.

No. 66.]

No. 74.

Mr. Holcombe to Mr. Frelinghuysen.

LEGATION OF THE UNITED STATES,
Peking, February 21, 1882.

SIR: I have the honor to forward herewith for the information of the Department a copy of an order in counsel issued by the Goverment of Great Britain, dated October 25, 1881, as published in China under the authority of Sir Thomas Wade, the British minister.

While there is much in this order in council which cannot fail to be of interest to the Department, I beg leave, at the moment, to call your attention to that portion of it, numbers 6 to 20, inclusive, which authorizes Her Majesty's minister in China to make regulations "for the peace, order, and good government of British subjects resident in or resorting to China."

The Department is well aware that at all of the open ports in China settlements of foreigners have grown up who are exclusively subject to the jurisdiction of their own authorities, and who directly or representatively control the immense and growing commerce between China and foreign countries. These settlements are invariably cosmopolitan in their character, containing representatives of nearly every known nationality and subjects of every type of human government. It has been manifestly necessary to devise some system under which the heterogeneous population could be governed, and due protection assured to the lives and property concerned.

This has been done by the establishment of quasi municipal organizations at the various ports to which have been delegated the powers ordinarily given to similar organizations at home, subject to the approval and general control of the consular and diplomatic representatives interested.

The authority thus given, and under which taxes have been levied, suitable police regulations maintained, roads and streets been built and kept in order, and the health, convenience, and good order of the settlements generally conserved, has almost invariably been exercised with great discretion and good judgment, and has rarely been called in question.

Cases have, however, arisen in which the legality of this entire system has been disputed. Notably at Shanghai in the spring of 1881, Mr. Frank Reid, an American citizen, refused to pay a tax levied by the municipal council, upon the ground that Congress alone could impose such

an obligation upon him, and that the United States minister had no power to make him in any way liable to the demands of such a body as the municipal council of Shanghai. The tax was recovered from Mr. Ried through a suit brought before our consul-general, and by an execution levied on Mr. Reid's property. I inclose a copy of Mr. Denny's decision.

Although the case ended in the manner described above, there is grave reason to fear that, could the defendant have taken an appeal to a circuit court of the United States, the decision of such higher court must have been rendered in his favor. And this in turn would have been followed by the downfall of the municipal governments at every port in China, through the refusal of the residents to pay the taxes by means of which such governments can be supported.

There is in my opinion little room to doubt that, owing to the lack of appropriate legislation, many things have in the past been done by the officers of our government here which have been really extra legal, so to speak, that is to say not founded on any plain well-defined statute. It is in the highest degree important that acts of this sort should cease. And it is, on the other hand, vitally important, in view of the large and rapidly increasing population and property interests in these foreign settlements in China, that ample power, clearly defined and carefully guarded, should be vested in the proper department of our government to make and enforce suitable regulations, either singly or in concert with other powers, for the control and government of American citizens resident in China.

I beg, therefore, to call your earnest attention to this subject, and to suggest, in default of a better plan, whether such Congressional action may not be secured as will give to the representative of the United States in China, subject to the approval of the President, power similar to that conferred upon the British minister in China by the order in council inclosed.

There is the more immediate occasion for the consideration of this subject, as the diplomatic body here has now under discussion a new series of municipal regulations for Shanghai which have been submitted to us by our consuls, and which it will be my duty to lay before the Department at an early moment.

I have, &c.,

CHESTER HOLCOMBE.

[Inclosure 1 in No. 66.]

APPENDIX VI.

British order in council of October 25, 1881.

At the court at Balmoral, the 25th day of October, 1881.
Present, the Queen's Most Excellent Majesty in Council.

Whereas Her Majesty the Queen has power and jurisdiction in relation to Her Majesty's subjects and others in the dominions of the Emperor of China and the dominions of the Mikado of Japan:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the foreign jurisdiction acts, 1843 to 1878, or otherwise in her vested, is pleased, by and with the advice of her privy council, to order, and it is hereby ordered, as follows:

PRELIMINARY.

1. This order may be cited as the China and Japan order in council, 1881.

2. This order shall, except as otherwise expressed, commence to take effect from

and immediately after the thirty-first day of December, 1881, which time is in this order referred to as the commencement of this order.

3. In this order

"China" means the dominions of the Emperor of China. "Japan" means the dominions of the Mikado of Japan.

"Minister" means superior diplomatic representative, whether ambassador, envoy, minister plenipotentiary, or chargé d'affaires.

"Consular officer" includes every officer in Her Majesty's consular service, whether consul-general, consul, vice-consul, or consular agent, or person authorized to act in any such capacity in China or in Japan.

"British subject" means a subject of Her Majesty, whether by birth or by naturalization.

"Foreigner" means a subject of the Emperor of China, or of the Mikado of Japan, or a subject or citizen of any other state in amity with Her Majesty.

"Treaty" includes convention, and any agreement, regulations, rules, articles, tariff, or other instrument annexed to a treaty or agreed on in pursuance of any stipulation thereof.

"Month" means calendar month.

Words importing the plural of this singular may be construed as referring to one person or thing, and words importing the masculine as referring to females (as the case may require).

REPEAL.

4. Subject to the provisions of this order, Articles 85 to 91, inclusive, of the China and Japan order in council, 1865, authorizing the making of regulations for the purposes and by the authority therein mentioned, and the regulations made thereunder, dated respectively 11 July, 1866, and 16 November, 1866, relating to mortgages, bills of sale, and proceedings against partnerships or partners or agents thereof, and Rule 252 of the rules of the supreme court and other courts in China and Japan of 4 May, 1865, relating to proceedings against partnerships, and Articles 117 and 118 of the China and Japan order in council, 1865, relating to foreigners and foreign tribunals, are hereby repealed as from the commencement of this order; but this repeal does not affect any right, title, obligation, or liability acquired or accrued before the commencement of this order.

CONFIRMATION OF REGULATIONS NOT REPEALED.

5. Such regulations as are described in the schedule of this order, being regulations made or expressed or intended to be made under or in execution of the powers conferred by Articles 85 to 91 of the China and Japan order in council, 1865, and all other regulations made or expressed, or intended to be so made, and having been approved, or, in case of urgency, not disapproved, under that order, before the commencement of this order, except the regulations expressed to be repealed by this order, are hereby confirmed, as from the passing of this order, and the same, as far as they are now in force, shall be in force, and shall be deemed to have always been of the like validity and effect as if they had been originally made by order in council.

AUTHORITY for further regulatIONS.

6. Her Majesty's minister in China may from time to time, subject and according to the provisions of this order, make such regulations as to him seem fit for the peace, order, and good government of British subjects resident in or resorting to China.

7. The power aforesaid extends to the making of the regulations for securing observance of the stipulations of treaties between Her Majesty, her heirs, and successors, and the Emperor of China, and for maintaining friendly relations between British subjects and Chinese subjects and authorities.

8. Her Majesty's minister in China may, as he thinks fit, make any regulations under this order extend either throughout China or to some one or more only of the consular districts in China.

9. Her Majesty's minister in China, in the exercise of the powers aforesaid, may, if he thinks fit, join with the ministers of any foreign powers in amity with Her Majesty in making or adopting regulations with like objects as the regulations described in the schedule to this order, commonly called the Shanghai Land Regulations, or any other regulations for the municipal government of any foreign concession or settlement in China; and, as regards British subjects, joint regulations so made shall be as valid and binding as if they related to British subjects only.

10. Her Majesty's minister in China may, by any regulation made under this order, repeal or alter any regulation made under the China and Japan order in council, 1865, or under any prior like authority.

11.—(a.) Regulations made under this order shall not have effect unless and until they are approved by Her Majesty the Queen, that approval being signified through one of Her Majesty's principal secretaries of state-save that, in case of urgency declared in any such regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by Her Majesty the Queen, that disapproval being signified through one of Her Majesty's principal secretaries of state, and until notification of that disapproval has been received and published by Her Majesty's minister in China.

(b.) That approval, where given, shall be conclusive, and the validity and regularity of any regulation so approved shall not be called in question in any legal proceeding whatever.

12. Any regulations made under this order may, if Her Majesty's minister thinks fit, impose penalties for offenses against the same.

13. Penalties so imposed shall not exceed the following, namely, for any offence imprisonment for three months, with or without hard labor, and with or without a fine of $500, or a fine of $500 without imprisonment, with or without a further fine, for a continuing offence, of $25 for each day during which the offence continues after the original fine is incurred.

14. Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being inflicted.

15. All regulations made under this order, whether imposing penalties or not, shall be printed, and a printed copy thereof shall be affixed, and be at all times kept exhibited conspicuously in the public office of each consulate in China.

16. Printed copies of the regulations shall be kept on sale at such reasonable price as Her Majesty's minister in China from time to time directs.

17. Where a regulation imposes a penalty, the same shall not be enforceable in any consular district until a printed copy of the regulation has been affixed in the public office of the consulate for that district, and has been kept exhibited conspicuously there during one month.

18. A charge of an offence against a regulation made under this order, imposing a penalty, shall be inquired of, heard, and determined as an ordinary criminal charge under the China and Japan order in council, 1865, except that (notwithstanding anything in that order) where the regulation is one for securing observance of the stipulations of a treaty, the charge shall be heard and determined in a summary way, and (where the proceeding is before a provincial court) without assessors.

19. A printed copy of a regulation, purporting to be made under this order, and to be certified under the hand of Her Majesty's minister in China, or under the hand and consular seal of one of Her Majesty's consular officers in China, shall be conclusive evidence of the due making of the regulation, and of its contents.

20. The foregoing provisions authorizing regulations for China are hereby extended to Japan, with the substitution of Japan for China, and of the Mikado of Japan for the Emperor of China, and of Her Majesty's minister in Japan for Her Majesty's minister in China, and of Her Majesty's consular officers in Japan, for Her Majesty's consular officers in China.

PRISON REGULATIONS.

21. The respective powers aforesaid extend to the making of regulations for the governance, visitation, care, and superintendence of prisons in China or in Japan, for the infliction of corporal or other punishment on prisoners committing offenses against the rules or discipline of a prision; but the provisions of this order respecting penalties, and respecting the printing, affixing, exhibiting, and sale of regulations, and the mode of trial of charges of offenses against regulations, do not apply to regulations respecting prisons and offences of prisoners.

MORTGAGES.

22. A deed or other instrument of mortgage, legal or equitable, of lands or houses, in China or in Japan, executed by a British subject, may be registered at any time after its execution at the consulate of the consular district wherein the property mortgaged is situate.

23. Registration is made as follows: The original and a copy of the deed or other instrument of mortgage and affidavit verifying the execution and place of execution thereof, and verifying the copy, are brought into the consulate; and the copy and affidavit are left there.

24. If a deed or other instrument of mortgage is not registered at the consulate aforesaid within the respective time following (namely):

(i.) Within fourteen days after its execution, where it is executed in the consular district wherein the property is situate:

(ii.) Within two months after execution, where it is executed in China or Japan, elsewhere than in that consular district, or in Hong-Kong:

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