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tion over the subjects of Her Majesty within their dominions, Her Majesty, under the authority conferred upon her by two Acts of Parliament, cited in the Preamble of the Order, has, by her Order in Council, made provision for the due exercise of that jurisdiction.
In the interests, however, it would seem, of good order and justice, a species of joint or mixed jurisdiction has arisen within the Settlements or Concessions inhabited by Europeans at some of the Treaty ports beyond that actually ceded by the language or spirit of the Treaties, and to this I desire to draw your attention.
In Shanghae, especially, the foreign land renters within the concession or district granted by the Chinese Government for the residence of foreign merchants, have now for some time past formed a species of Municipal Council. It is, in fact, a volun- tary combination of persons, residing and possessing property within the Settlement, for the purpose of carrying into effect certain essential sanitary and other arrangements for the good order, health, and welfare of the foreign community. It appears also that this Council has established a police force, and that this force, with the consent of the foreign Consular authorities and the tacit or quiescent concurrence of the Chinese Government, performs pretty nearly the same duties as police generally perform in other countries. In those cases where foreigners are the parties falling within the assumed scope of their functions, they are, when arrested, immediately handed over to their respective Consular authorities; when Chinese are arrested, a Court, consisting of a petty man- darin and a delegate of the Consulate, namely, one of the interpreters, is formed for the purpose of disposing of the more insignificant cases, while for the more serious class of offences committed within the Settlement by natives, the Vice-Consul, and sometimes the Consul himself sits with the mandarin. It is not my wish that this practice should, at present, he interfered with by you.
But Her Majesty's Consuls will be desired to communicate fully with you, both as regards the nature of the cases tried in such a Mixed Court and their result, and you will then be able to concert with Her Majesty's Consuls with the view
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of securing, not only uniformity of action in the settlement of cases in which a British functionary takes part, but uniformity of practice in award- ing for similar offences in the Mixed Court the like degree of punishment that would be awarded in a purely British Court.
The like course should be observed in
any Consulate in China or in Japan where a practice similar to that in Shanghae has prevailed in regard to such cases.
It is difficult for me, in the present state of the so-called Municipal Councils at some of the Treaty ports, to give you any very precise instructions as to the course you are to follow with respect to them. While it is not the wish of Her Majesty's Govern- ment to interfere with any voluntary association,
or body, formed with the laudable object of providing the ways and means for the improvement of the health and good order of the Settlement in which their members reside, it is obviouly impos- sible for Her Majesty's Government officially to recognize it, as a legally constituted Body, until its authority is derived from some Power capable of conferring it. The mode by which a legal status may be acquired by these Municipal Councils, and the definition of their attributes, must be reserved for after consideration, whenever definite proposi- tions on the subject are submitted to me. You will, of course, assist with your advice and sugges- tions Her Majesty's Consuls and the British communities in framing any proposal on the subject which they may desire to submit to Her Majesty's Government, and I should be glad to receive from yourself any observations which you may think it useful to offer in regard to any such proposal.
As matters now stand, however, I must confine myself to instructing you to give effect to all such regulations as may be approved of by Her Majesty's Representative in China or Japan, and are not inconsistent with the principles of English law and practice, and to avail yourself, with the concur- rence of the community by whom they are appointed in the first instance, of the services of the police, either by swearing them in as special constables, and in that character nominally attaching them to your Court, or by such other means as you may