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THE POSITION OF LI HUNG-CHANG.
THE HONGKONG WEEKLY PRESS AND
[May 12, 1897, management
of
their
As we expected at the time would prove to be the case, the removal of LI HUNG- CHANG from the Viceroyalty of Chihli was the first step in the decline of his influence. The veteran diplomatist had got so firmly seated in the saddle at Tientsin that bis services as a buffer between Foreign Powers and Peking had become apparently indis- pensable. He and he alone was supposed to be able to correctly estimate the duration of the patience of any Foreign, Govern ment, and to stretch the endurance of Foreign Ministers to its utmost limit. The worthy Viceroy also was acquainted, or supposed to be acquainted, with the best methods of obtaining loans, to be facile princeps in the art of driving a bargain and of cheapening a contract. In addition to all these real or supposed qualifications, he had rendered important services to the state (or had been associated with those who rendered them) in the suppression of the Taiping Rebellion and in sustaining the power of the EMPRESS DOWAGER. Above all, he possessed, or at least had at his back, the largest and most efficient force of foreign-drilled troops in the Empire, and the knowledge of the fact served to restrain his numerous enemies while it encouraged his friends, who waxed fat and arrogant in the shelter of their patron's formidable body guard. More than once, when, owing to the machinations of his opponents, LI HUNG-CHANG was summoned to the capital and calmly declined to accept the insinuating invitation, the EMPEROR forebore to press the point, knowing verá well that it would not be complied with un- less, as was the case on one occasion, Li carried his bodyguard with him to Peking. The desire to divorce the ex-Viceroy from his military guard might have seemed rather childish and objectless had it not been for the extensive resources at the command of this official, supplemented as they were by the immense private fortune he has amassed during his long tenure of office in the most rémunerative of provincial posts. The op-
A short time ago Mr. J. J. FRANCIS, Q.C., portunity to remove him came at length somewhat unexpectedly. The war with gave a lecture to the Odd Volumes Society Japan witnessed the speedy breakdown of on the theory of British advocacy. The China's military and naval systems, and for Chief Justice, who presided on the occasion the failure of both to meet the enemy suc- referred to, in introducing the lecturer and cessfully LI HUNG-CHANG was regarded as speaking of the subject of the lecture, said responsible. The defence of the coasts had that he knew of no subject on which greater been practically entrusted to him and he ignorance prevailed amongst educated men. had been authorised to spend large sums of That remark must have been made under money to render both services efficient. In some misapprehensiou as to the scope of the order the better to set Li at liberty to lecture, for we venture to say very little to the theory of endeavour to save the Empire from the ignorance prevails as
was British advocacy, and in Mr. FRANCIS's consequences of his failure, he sent to Japan to negotiate the terms of lecture, interesting as it was, there was peace and was then relieved of his nothing that could have struck an ordinarily post of Viceroy. No doubt he hoped in due educated and well informed man as strange or new. What Sir JOHN CARRINGTON course to get back to Tientsin, but ever since the war he has been practically had in his mind when he referred to the shelved. True he has been made a member prevailing ignorance upon it was probably of the Tsungli Yamen, and he was des the law of evidence, and in respect of patched to St. Petersburg on a mission to that there is no doubt an abundance of represent China at the ČZAR's coronation. ignorance, as there necessarily must be But the latter appointment was, it seems, in respect of any branch of learning only made in deference to the extreme which is founded in whole or in part on pressure brought to bear by the Russian empiricism and in which common sense and Minister, and though LI HUNG-CHANG logic cannot be taken as reliable guides. endeavoured subsequently to enlarge the The gist of Mr. FRANCIS's remarks on the his mission, it seems he was not theory of advocacy was that it was an ad- ged to do so, and the Peking Govern-vocate's duty to do the best he could for his woman had her throat cut, the body being -ment have put forward no claim for the revision of the tariff so urgently asked for by LI HUNG-CHANG. Possibly the fact that they had but just negotiated a new treaty with Japan on the same terms as regards tariff as those now in force-and they must
have been aware that any revision would be | derer by his skilful - inoperative until the term of that treaty defence no one would think of blaming him expired-may have rendered the Chinese for it. The blame should fall rather on the Ministers indifferent for the present con- absurd rules of evidence which render such cerning tariff revision; possibly they had miscarriages of justice possible and which in no mind to follow where Li led, and were some respects seem framed expressly for the not inclined to lend him the slightest assist purpose of bringing them about. A few ance in his efforts to climb back again into direct questions addressed to the prisoner the Imperial favour. However that may would frequently result in bringing his. be, the chances of the ex-Viceroy recovering guilt clearly into view when the evidence his former prestige and influence appear of other parties falls short of that point. now advanced British law, however, as it stands at present, rather slender. He is in years, and cannot afford to wait for a turn says that the prisoner must not be of the tide, were he twenty years younger tioned and that even if he wishes to make he could calmly await events, trusting to a confession he must be warned that it home the turn of Fortune's wheel to again render would be better for him not to do so. This him a necessary factor in state affairs. But is not the principle followed in the time is not on his side, and the Imperial or the school or the private affairs of life, Government have learned that they can do the general rule followed there being that a fault has been committed without the hitherto indispensable Lr. His when successor at Tientsin, who at first was looked the offender should be encouraged to make. upon as probably a locum tenens only, has a clean breast of it. Nor is it the rule been confirmed in the post, and the veteran followed in some other countries which may has now to be content with the work afforded be considered as advanced as Great Britain him in the Tsung-li Yamen. It is, we in matters appertaining to the administra imagine, a further sign of the waning of his tion of the criminal law. In France, for star that the new Ministry of War proposes instance, the point aimed at is to convict to disband the remnant of LI HUNG-a criminal out of his own mouth, which a more sensible proceeding than CHANG's Army of the Huai, or Huai Army seems Corps. At one time, it is stated, this force trying to get him off by inducing him was estimated at 80,000, probably on paper to keep his mouth shut. A. blot on the only, the actual number being about 30,000, French law is, however, that the pre- but when during the recent war the Corps liminary examinations are conducted in lost its reputation for courage and readiness secret, the prisoner being thus deprived of it fell into disrepute and was reduced to the guarantee of fair play which publicity some 7,000 men. It is now proposed to affords. This blot is now in a fair way abolish it as a separate force, and replace it of being removed, a resolution having by effective foreign-drilled and trained been passed in the Senate the other Such a measure would most day by an overwhelming majority in favour brigades. effectively dissipate the lingering belief in of the abolition of secrecy in the preliminary LI HUNG-CHANG's puissance and prick proceedings in criminal cases. the bubble of a reputation very largely due to a chain of fortuitous circumstances early in his career and to the absence of any really trying conjunction of events until 1895, when Japan came and caught him napping.
EXAMINATION OF ACCUSED PERSONS.
In England also a change of the law is pending. A recent telegram to the Austra lian papers states that the Criminal Law Amendment Bill, which entitles prisoners to give evidence on their own behalf, had passed its second reading in the House of Commons, and that Sir EDWARD CLARKE in supporting the measure said it would be the means of removing the last remaining relics of barbarism. The Bill, it will be observed, is only permissive, enabling a prisoner to give evidence in his own behalf if he so desire; but if he elects not to give evidence that fact can hardly fail to tell against him in the minds of the jury. If he does so elect he will of course be subjected to cross-examination. In either
correct case, as it seems to us, the result will be to facilitate the arrival at a
In some instances those ex- ones in which an in- rare verdict. tremely nocent man finds himself in the dock the opportunity of giving evidence will be in the prisoner's favour, but in the great majority it will tell against him and make the law more of a terror to evil-doers than it now is. Advocates when addressing a jury for the defence frequently expatiate upon the disadvantage at which the pri soner is placed by reason of being closed, and no doubt this sometimes If the proposed weighs with juries; it is, in fact, often the trump card of a weak case. alteration in the law is effected this plea will be no longer available, as priso ners who desire to give evidence in their own behalf will be enabled to do so. In the recent murder case in Hongkong in which a client and that he was not called upon to afterwards packed up in a trunk, it would decide for himself upon his client's inno- certainly have been conducive to the ends cence or guilt, that being the function of
Justice if the husband, who was accused of the jury. The position is perfectly reason- the crime, had been allowed to state what able, and though Mr. FRANOIS himself has he knew of the case, or, in the event of his saved the neck of more than one mur-refusing to do so, that the jury should
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