The solution of all these difficulties, and the end of the apparently hopeless struggle to set things right, came about in a way that must have been totally unexpected by all parties. It was through the capture of Shanghai by the rebel band in 1853.

The day the city fell the functions of the custom-house ceased, but trade continued without interruption; indeed the export trade was naturally stimulated by the eagerness of the natives to convert their produce into money, and by the desire of the foreign merchants to get their purchases safely on board ship. But there was no one in a position to collect the dues. Mr Alcock, never timid when he had a case for action which satisfied his own mind, proposed to his French and American colleagues, who also never seemed to hesitate to follow his lead, a method of bridging over the interregnum of the Chinese authority and at the same time establishing for the first time the precedent of collecting full duties. The plan was that the consuls should themselves perform the functions which the Chinese officials had never performed—take a rigid account of the goods landed and shipped, and receive the amount of the duty on them, to be held in trust for the Chinese Government when it should once more be resuscitated in Shanghai. Not in coin, however, but in promissory notes payable on conditions which were complicated by the necessity of maintaining equality of treatment between the various nationalities concerned. The contingencies were, in fact, such that it would never have been possible to enforce payment of the notes, and in the end they were all cancelled and returned to the merchants, so that during the ten months between September 1853 and July 1854 there were no duties collected at all at the port of Shanghai.

IV. CREATION OF THE FOREIGN CUSTOMS.

The provisional system—British and American ships pay full dues—Other nations enter and clear free—Americans follow the same course—Alcock's strict views of neutrality—Danger of infringing it by establishment of Government officials within the foreign colony—Breakdown of the provisional system—Alcock calls upon the Imperial Government—Custom-house re-established by the Taotai Wu—Reappearance of all abuses—Alcock's remonstrances—Antecedents of Wu—He makes private arrangements and admits vessels free of dues—Alcock allows British ships to do likewise—Shanghai thus becomes a free port—Alcock's efforts to meet the difficulty—First idea of the foreign customs—Conditions of success—Conference with the Taotai—Delegates appointed—New custom-house inaugurated July 12, 1854—Mr H. N. Lay appointed Inspector-General—Conditions and essential features which caused immediate and permanent success of the foreign customs.

The "provisional system," as it was called, worked smoothly for four months, but not equally, for while British and American ships paid full duties (in conditional promissory notes), those of other nationalities, having mercantile consuls, were entered and cleared exempt from all duty. One Prussian, one Hamburg, two Siamese, one Austrian, three Danish, and two Spanish—in all ten vessels—were so cleared between September and January, which was, of course, a serious injustice to the competing merchants on whose ventures full duties were levied. In vain might the British consul argue that the cargoes of these defaulting ships bore no larger a proportion to the whole trade than in normal conditions the smugglers would bear to the honest traders. The American consul, sympathising with the latter, notified on January 20, 1854, his secession from the provisional compact, to which decision he gave immediate effect by allowing two vessels, the Oneida and Science, to depart without payment or security of any kind. It was impossible after this for the British authorities to continue to lay a burden on their nationals from which competitors were thus freeing themselves, the more especially as on broader considerations their collecting duties at all for the Chinese had been, three years previously, pronounced inexpedient by the British Government. However commendable, therefore, on political and moral grounds, and however convenient as a stop-gap, the provisional system was doomed. The next move was by some means or other to procure the re-establishment of a legal Chinese custom-house.

This would have been done at an earlier period but for the strict views held by Mr Alcock on the question of neutrality between the belligerents. The soil of the foreign settlement had been declared sacred and neutral. To permit any Chinese authority to use it even for fiscal purposes seemed a violation of its neutrality. Besides, native officials exercising their functions there would have had either to protect themselves by military force, however small, or to be protected by the foreigners, in either case compromising the neutrality of the settlement. When the Chinese officials proposed as an alternative to discharge customs functions afloat in the river, the same objections presented themselves. The foreigners must in that case also have defended the revenue collectors from attack by the rebels. The customs authority therefore remained dormant.

But on the breakdown of the provisional system whereby the three treaty consuls acted as trustees for the Chinese Government, there was no alternative left between making Shanghai absolutely a free port and setting up some sort of native custom-house. As the lesser evil—to say no more—Mr Alcock chose the latter, and within three weeks of the lapse of the provisional system he had "called upon the imperial authorities to re-establish a custom-house in some convenient locality," offering at the same time to afford them the necessary facilities for working it. The custom-house was, in fact, re-established by the Taotai Wu on February 9, when the provisional system of collecting duties, a system never favoured by the British Government, was finally and officially terminated.

The reinstatement of the custom-house under the superintendency of the Taotai Wu was the signal for the prompt reappearance of all the worst irregularities in an exaggerated form.

The admonitions that official received from Mr Alcock on his treaty rights and on the necessity for strictness and impartial accuracy were completely thrown away. The Taotai had been formerly a merchant in Canton, under the name Samqua; and whether it was the passion for a "deal" inspired by early training, or the corruption of good manners by subsequent association with official life, or, as is most likely, a double dose of both, without the checks appropriate to either, he, the superintendent of customs, fell at once to making private bargains with individual merchants. By arrangement with him a Bremen ship, the Aristides, was allowed to enter and clear without complying with a single customs or port regulation or the payment of any dues, save what may have been paid to Wu himself by way of douceur. Two American ships and one British were dealt with in similar fashion. These facts being brought to the notice of Mr Alcock, he called the Taotai to account, and on receiving only subterfuges instead of explanation, he thenceforth allowed openly to British ships the same privileges that the Chinese authorities had voluntarily, though secretly, conferred on those who chose to make corrupt bargains with them. That is to say, Shanghai became now—from April 1854—absolutely a free port.

At last, then, there was a real tabula rasa inviting a fresh experiment; and Mr Alcock immediately applied his mind to devising some new expedient to meet the difficulty. The Chinese superintendent, however willing to compound to his own advantage for the customs dues, was as little pleased with its complete abolition as the foreign authorities themselves, and he had made sundry alternative proposals, based on his experience at Canton, for the effective collection of duties. It seemed, however, that in the hands of such a facile official, or any one likely to succeed him, his remedies against smuggling were worse than the disease, and the necessity of a new departure began seriously to occupy the minds of the treaty consuls. The outcome was a novel scheme, which was mooted in a despatch to Sir John Bowring, dated May 1, 1854, in which Consul Alcock, while recognising that "the attempt will not be unaccompanied by serious difficulties," declared that he "did not relinquish all hope of success if the collection of duties can in any way be brought under the effective control of the three treaty Powers as to the executive of the custom-house administration."