A Vindication of England's Policy with Regard to the Opium Trade

by Charles Reginald Haines

In accordance with these instructions, Sir H. Pottinger used every argument to persuade the Chinese Commissioners to have the trade legalized. They, while admitting that the suppression of the trade depended upon the Government of China being able to stop the use of the drug, said that they could not yet approach the throne on the subject; but that the Custom-house officers “would not trouble to inquire whether our ships brought opium or not.” They even went so far as to say[19] that “on the subject of opium the British and Chinese Governments should adopt their own rules with reference to their own subjects.” Sir H. Pottinger intimated his readiness to prohibit our ships from carrying opium into the inner waters of the empire, but the Chinese, he added, must enforce the prohibition. But this was the difficulty; for what could be expected from our measures while the imperial servants winked at the breach of the imperial edicts. The Commissioner, Keying, then suggested that the Emperor might consent to the legalization of the traffic if a large revenue[20] were guaranteed to him. The answer of the British Commissioner was that the British Government did not wish to foster or encourage the trade, but to place it on a less objectionable footing; and, therefore, that Keying’s proposal could not be considered. In commenting on these negotiations, Sir H. Pottinger said that the principal public reason (bribery and corruption being the private ones) why the truth was disguised, or said to be disguised, from the Emperor, was the inability of the Chinese to prevent opium from entering the rivers and harbours of the empire, or from being consumed by their subjects. The Chinese Commissioner tried to throw the blame on the British Government, asserting that they should enforce the prohibition and prevent their subjects from engaging in the trade, a position tenable on no principle of international obligations.[21] The Chinese, then, were unable to stop the traffic and unwilling to legalize it. The mandarins were driven to all kinds of desperate shifts to cloak their imbecility; and Sir H. Pottinger, in one of his last despatches, says: “The mandarins openly give out that they dare not stop the traffic, else it would lead to the cultivation of the poppy in China to so great an extent as to cause a scarcity of food, if not a famine.” A truly surprising reason!

However, the arguments of successive British Commissioners seem to have gradually had their effect, and there were not wanting signs that the Chinese authorities were coming round. They were beginning to see that the only way to arrest the hæmorrhage of silver, so alarming to them, which in fifty-four years had amounted to 12,000 tons, was to legalize the traffic in opium, so that the drug might be exchanged for other commodities, instead of, as now, being paid for clandestinely in sterling silver. As a proof that the Chinese were not now in earnest against the traffic, it may be mentioned that not a single proclamation was issued against it since the negotiations between Keying and the English Envoy began. Moreover, as Sir J. Davis wrote to the Earl of Aberdeen, the Chinese did not wish to abolish the traffic, as the impoverished state of the finances of the country did not admit of the servants of the Government being adequately paid in a legitimate manner. So recognized, indeed, had the traffic become, that legal duties even were often paid in opium.[22] But that the smuggling and piracy caused by opium being technically a contraband article were a “womb of evil,” was evident to the Chinese themselves, and also that they might any moment be made the excuse for a raid against the foreign community (and there was even a report that Seu, the Imperial Commissioner, was contemplating this), which could only result in a fresh war. So we find that, in spite of their protestations to the contrary, the Chinese Commissioners did refer the matter to the Emperor several times, and on one occasion a decree legalizing the importation was drawn up by his ministers for the Emperor’s approval. When, however, the imperial pleasure was finally taken, Taou Kwang forbad any further reference to the proposal, saying that he could not “change face.” So the matter rested for the present. But the advice pressed upon the Emperor that he should legalize the trade did not come from the British Envoys only; for in the Pekin Gazette for January 4th, 1853, there appeared a memorial from a Censor, Wootingpoo, who, while admitting that the complete abolition of opium, if that were only possible, would be far the best, points out in forcible terms that as a help to rendering the national advantages fairly and openly available for all, and to removing differences with the barbarians, no measure can compare with that of levying a duty on opium. Alluding to the mine of wealth which lies unworked by China in the opium trade, he defends the policy of making it contribute to pay the expenses of the State, on the principle that of two evils it is always well to choose the least; and he proceeds to enforce his views by showing the impossibility of preventing indulgence in such tastes, which no doubt, when excessive, is pernicious. His estimate of the consumption was £66,666 daily; and he suggested a duty of 11 per cent., which should bring in a revenue of seven million taels[23] a year, whereby the foundations of England’s greatness would be sapped. Further, he adds, the increase of native growth will eventually drive out the foreign drug. But this expression of native opinion was disregarded no less than the friendly counsels of our Envoys, and matters went on in the old underhand way till the outbreak of the second war.

On October 8th, 1856, the Chinese officials, in a war-boat, boarded the lorcha Arrow as it lay, flying the English flag, in the Canton river, for the alleged reason that it had on board a pirate who was “wanted” by the Chinese authorities. Of the merits of this question it will not be necessary to speak here. It is enough to say that, in all probability, the Chinese were strictly within their right; but, however that may be, it is quite clear that the dispute had nothing whatever to do with opium. Yeh, a man of similar character with Lin and Seu, was Viceroy of Canton, and he promised satisfaction, but withheld it. Admiral Seymour accordingly proceeded to enforce the British claims, and the second war broke out. Owing to the Indian Mutiny, vigorous proceedings against China were deferred till 1858; but when hostilities were resumed Canton was soon captured, and Yeh made prisoner and banished to India, where he shortly died.

But the trouble was not at an end yet; for as the English and French ambassadors,[24] with an escorting squadron, were on their way to Pekin to ratify the treaty which had been drawn up, they were attacked and repulsed before the Taku forts. This brought about a renewal of the war, and Pekin was taken October 1860, and the Treaty of Tientsin was ratified. Five new ports[25] were opened. A British ambassador was to be established at Pekin and a Chinese ambassador in London. Consuls were to be stationed at all the open ports. Not a word was mentioned about opium in the treaty itself, but, in pursuance of Article 26, an agreement was entered into five months later concerning the tariff regulations, wherein “the Chinese Government admitted opium as a legal article of import, not under constraint, but of their own free will deliberately.”[26] To a similar effect is the testimony of Mr. Oliphant, another secretary to the mission, whose evidence on this point will readily be considered conclusive. He affirms that he informed the Chinese Commissioner “that he had received instructions from Lord Elgin[27] not to insist on the insertion of the drug in the tariff, should the Chinese Government wish to omit it.” But the Commissioner declined to omit it. An increase of duty was then proposed, but this was objected to by the Chinese themselves as affording a temptation to smugglers.

It is clear, then, that no force came into play at all, except it were the force of circumstances, and opium—like all other articles except munitions of war and salt, which remained contraband—was admitted under a fixed tariff. This in the case of opium was fixed at thirty taels per picul (133⅓ lbs.), and it was further agreed that opium should only be sold at the port; that the likin or transit dues should be regulated as the Chinese Government thought fit. The terms of this tariff were to be revisable after the lapse of ten years.

Leaving for a moment the question of the foreign import as thus settled, let us turn to the Chinese policy towards their own native growth. The exact date of the introduction of the culture of the poppy into China is unknown; but there can be little doubt that the cultivation has existed for a considerable period. Edicts and proclamations against the cultivation, some of them published last century, are sufficient evidence of this. Mr. Watters, Consul at Ichang on the upper Yangtze, speaks of opium-smoking as having existed for centuries in Western China, where, as we know, Indian opium never finds its way. The policy of the Government with regard to this native growth has all along been of a piece with that pursued towards the foreign import. While prohibited by the Government it has been connived at and sanctioned by the local authorities. The reason of this conflict between the local and imperial authorities is clearly pointed out in the recent Parliamentary paper on opium, where a statement of the Consul at Chefoo is quoted to the effect that “the authorities at Pekin have always been hostile to the cultivation of native opium, on the ground of its interfering with the revenue derived from the import of the foreign drug. On the other hand, the local authorities steadily connive at the growth, both from indolence and from the fact that they find it very lucrative themselves, the growers being able and willing to pay largely for the privilege of evading the prohibitions.” Under these circumstances it is not surprising that the sanction of the local officials has in most cases prevailed over the prohibition of the Imperial Court; and it is certain that the cultivation had attained considerable proportions by the middle of the present century, for Wootingpoo, in the memorial quoted above, speaks of “gangs of smugglers of native opium, numbering hundreds and even thousands, entering walled cities in the west and setting the local governments at defiance.” He would have had the prohibition against the native growth withdrawn, as well as that against the foreign import. He answered the chief objection to the native culture, that it took the place of food crops, by pointing out that the poppy was grown in the winter months, and rice in the summer on the same ground. But his representations were of no effect, and the prohibition continued, and was even enforced by a fresh edict, at the instigation of Sheu-kueo-feû,[28] in 1865. How far this edict was effectual it is impossible to say; certain it is that it was flagrantly set at nought by the highest officials. Li Hung Chang, who has lately taken a high moral tone in his correspondence with the Anti-Opium League, actively busied himself in promoting the cultivation of the poppy in the provinces over which he was appointed, alleging, in a memorial to the throne, the importance of the native growth as a source of revenue and as a check on the importation of foreign opium.[29] A fresh edict prohibiting the cultivation was, however, published in the Pekin Gazette, January 29, 1869, in answer to a fresh memorial by the Censor Yu Po Chuan; and to this day this prohibition remains unrepealed but obsolete, like the law against infanticide. The poppy is now grown in every province of the Chinese Empire, but the cultivation is far more extensive in the western than the eastern provinces. The two provinces of Yünnan and Szechuen produce by far the largest portion of the drug. Two-thirds of the available land of those two provinces may be said to be under poppy cultivation. The amount of native opium thus produced may be taken to be at least four times as much as the whole amount imported, and the native growth is even encouraged by the duty levied upon it being 50 per cent. less than that levied upon the foreign drug. Such being the case, it is quite impossible to believe that the authorities were ever unanimous or really earnest in their wish to prohibit either the foreign import or the native growth. While the Emperor denounced the foreign traffic from Pekin, and sent Lin to make an example of offenders, the Governor of Canton dealt in opium, and the Emperor’s own son was an opium-smoker. Whilst edict followed edict forbidding the growth of the poppy, the Governor-General of a large province openly fostered the cultivation, and the poppy plant flaunted itself in red and white over the half of China. It is useless to assert, as is so often asserted, that the legalization of the foreign trade tied the hands of the Government with regard to the home production. The native growth was well established long before the legalization was effected, and the admission of Indian opium never affected the western provinces of the Empire. Had the Government been in earnest they could have suppressed the cultivation, just as the Taeping rebels did in 1860 in Yünnan.

But to return to the history of the foreign trade. As was mentioned above, the Chinese Commissioners of their own accord fixed the tariff duty upon opium at thirty taels. But, though bound, as they were by their own act, to admit opium at this rate, as soon as it passed into native hands they had power to tax it as they pleased, and they did not fail to profit by their power, though this likin tax varied considerably at the different ports[30] in accordance with the necessities of the provincial governments. It is difficult to estimate the revenue obtained by China from the foreign opium trade, but it is probably close upon two millions sterling. That the Chinese Government were not satisfied with this amount, compared with the profits gained by India, is quite clear; and we find accordingly that various efforts were made by them, subsequent to 1869, to have the tariff agreed upon in the Treaty of Tientsin revised. But it was not till 1876 that any definite agreement was come to between the two Governments. In September of that year Sir Thomas Wade, Secretary Li, and Prince Kung concluded a convention, by which China opened four new ports[31] and six places of call on the great river, while Sir Thomas Wade agreed to recommend to his own Government, and through it to all the Treaty Powers, the limitation of the area, within which imports should be exempt from likin, to the actual space occupied by the foreign settlements. As the treaty regulations then stood, imports, except opium, after paying their regular import duty, were not liable to likin or transit dues till they reached a certain barrier at some distance inland. Opium could be taxed as soon as it left the importer’s hands. But this right, which applied to opium only, had been used by the Chinese against all imports, a clear infraction of treaty which the German Consul, among others, had protested against. But as some doubt existed as to where the first inland barrier really stood, Sir Thomas Wade proposed to make the circuit of the foreign settlement the limit of exemption from duty. But foreseeing that, if the likin Collectorate were banished from the port-areas, opium would evade paying the likin tax, he proposed also to recommend that the likin, as well as the import duty, on opium should be collected by the foreign Inspectorate, and that for this purpose the opium should be bonded in a warehouse or receiving hulk till such time as the importer had paid the import due and the purchaser had paid the likin. He further proposed as a fair likin tax forty taels per picul (though certain that the Chinese did not get more than 30) on all Indian opium, that brought to Hongkong included. Thus the whole duty (import and likin) on opium would be seventy taels a picul, which would yield 6,117,930 taels, or a million more than under the old system. But the Chinese Commissioner, Prince Kung, objected to a uniform duty of forty taels, as too low, and suggested sixty taels a picul, or an adherence to the different rates prevailing in different ports. Sir Thomas Wade, though averse to the higher uniform rate, was willing to consider the other alternative, provided that he were informed of the exact position of the next inland Collectorate, and the amount of rates levied. Further, the Chinese Government must guarantee that no second Collectorate should be established between the port Collectorate and the first of the present inland Collectorates. It was agreed by the Chefoo Convention[32] that this collection of the dues on opium by the foreign customs under these conditions should be tried for five years at Shanghae.

Neither the Indian nor the English Government have raised any serious objection to this convention, and the only reason why it is not ratified yet is that the other Treaty Powers will not join in the Shanghae agreement, unless China consents to abolish likin on goods other than opium. Until these other Powers do give in their adhesion, our arrangements must necessarily be inoperative, as opium will be imported under the flag of Powers not parties to it. Pending the ratification of this convention, Sir Thomas Wade offered to give up the concessions granted by the Chinese, and have the ports recently opened closed again; but this the Chinese would not agree to. There now seems every reason to suppose that the difficulties with the other Powers will be got over, and the Chefoo Convention finally ratified.

Before closing this historical survey, we may record the words of the Chinese Commissioner in 1881 to Sir Thomas Wade, when the latter suggested a yearly diminution of the opium sale, that the Chinese would have the drug, and that any serious attempt to check the trade must originate with the people themselves. With this sentiment we shall all agree.

It will be necessary now briefly to describe the nature of opium, and its use among, and effect upon, different races.