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themselves, and I could not, as the letter from the United States' Minister will show, reckon upon receiving any support from my colleagues in attempting to do so.
As stated in the telegram above alluded to, our best chance of safeguarding the doubtful points is to have them inserted in an exchange of notes with the Wai-wu Pu, and for this purpose it would probably be sufficient for all practical purposes if we stipulated for the retention by the Municipal Council of the control of the male prisoners and for the maintenance of the mutually recognized practice of the Court.
This might not cover all the points that have been raised, but it would remove the ambiguity about the male prisoners, secure the continuance of the present system of serving warrants, to which the Municipal Council attach still greater importance, and prevent any innovation generally in the working arrangements of the Court.
The code of rules suggested at the close of their communication by the Shanghae brauch of the China Association is, I fear, unattainable under present conditions.
I have, &c.
(Signed) J. N. JORDAN.
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As soon as Sir Havilland de Sausuarez's despatch and the views of the American, German, and British Assessors, copy of which was forwarded to me by our Consul- General at Shanghae, reach London, I shall doubtless receive further instructions from His Majesty's Government, with the nature of which I shall not fail to acquaint you.
In the meantime, I beg cordially to reciprocate the hope that means may be found to secure the acceptance by the Chinese Government of any provision in the above sense that may be considered necessary without imperilling the Agreement already reached, and I shall be most happy to afford my hearty co-operation towards the attainment of this end.
I avail, &c. (Signed) J. N. JORDAN,
Inclosure 1 in No. 1.
Mr. Rockhill to Sir J. Jordan,
February 26, 1907. My dear Colleague,
IN reference to the custody of the male prisoners at Shanghae, which you consider is a question which should be settled with the Chinese Government before the amend- ments to the Mixed Court Rules can be approved by His Majesty's Government, I beg to inform you that I am in receipt of an instruction from my Government agreeing to the amendments as accepted by the Diplomatic Body in Peking.
My Government states that the question of a provision, as proposed by the British Minister, for the custody of the male prisoners by the Municipal Council presents more difficulty.
"The Department is of the opinion that it would be unwise to insist on the point if such insistence might defeat the entire revision; if, however, the British authorities could assure that such a provision would be acceded to by the Chinese Government, we should be glad to see it incorporated in the revised Mixed Court Rules."
The opinion of the Department is therefore the same as that which on various occasions I have expressed to you,
I sincerely hope that, when approaching the Wai-wu Pu on this matter, which, I understand, is your intention, you will find that the Chinese Government is ready and willing to embody the aforesaid provision in the amendments to the Mixed Court Rules without imperilling the Agreement already reached in regard to the other amendments to the rules,
I avail, &c. (Initialled) W. W. R.
My dear Colleague,
Inclosure 2 in No. 1.
Sir J. Jordan to Mr. Rockhill.
February 27, 1907.
I HAVE the honour to acknowledge the receipt of your letter of yesterday's date, in which you
have been good enough to communicate to me the views of your Govern- ment regarding the amendments of the Mixed Court Rules and the question of the custody of the male prisoners.
As you are aware, His Majesty's Government are of opinion that the control of the male prisoners should be retained by the Municipal Council, and as the point appeared to be left in some ambiguity by the amendments, I was authorized to ascertain the views of the Judge of the Supreme Court on the subject.
The illness of the Judge unfortunately caused considerable delay, and his opinion, which I have communicated to you privately, has not yet reached His Majesty's Government.