Thin lung subject to torture within life or after trial and he consistent with one policy large or practice.
That I am well aware of the anomaly of our position that whilst we are claiming measure of extradition from the Chinese Government we refuse this corresponding measure except in conditions that involve great changes in established legal procedure.
It is incredible that a guarantee has been given by the Chinese against the use of torture. It is extremely doubtful whether even this guarantee goes far enough and is applicable and that under circumstances such as these no door of the loft when & abuse which can reasonably be closed the Examination of previous life truth.
That hommes by reference & 7496 it will be seen that in 1866 a recent case the Chinese authorities did distinctly engage not to employ torture either before or after trial, and though this was single instance it may simply be held perhaps to a disposition on the part of the Chinese I make such a relaxation a precedent.
But anyhow a modification of the treaty appears to me absolutely necessary. And whilst negotiating for a change it will always be desirable to make the change an one and as will place our relations with them on a permanent footing.
This will serve as a general guide to drafting this letter: but Sir F. Rogers' minute, authority, and draft must be in my mind.
20. Aug. 161.
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