As I have already mentioned, there was a disposition on the part of some members of the Diplomatic Body to question the propriety of the decision arrived at, and this feeling has since found expression in the letter from the Italian Chargé d'Affaires to the doyen copy of which I have the honour to iuclose.
* Baron Vitale asks that the procedure adopted in this case may not be regarded as a precedent for the future, and suggests that the Mixed Court, instead of only holding a preliminary inquiry, should itself try Chinese residents in the Settlement who may be accused of such crimes. This suggestion appears to me impolitic, and unsupported by the existing Agreements between China and foreign Powers.
Neither by the Rules of 1869 nor by the amendments which are now under consideration can any such power be claimed for the Mixed Court, and a grave situation would, in my opinion, arise if we make such a claim on behalf of Chinese who had been concerned in revolutionary designs against their own Govern- ment.
The revolutionary movement in the Yang-tsze Valley which culminated in the recent rising in Hunan still gives the Central Government very grave cause for anxiety, and any attempt on the part of foreign Governments to invest the Mixed Court with exclusive jurisdiction over revolutionaries in the Shanghae Settlement would convert the place into a centre of sedition and be deeply resented by the Chinese Government.
It is only right to add that there seems to be no disposition on the part of the foreign community or the Municipal Council at Shanghae to embarrass the Chinese Government, and, as will be seen from the inclosed article which appeared in the leading daily newspaper at the time,* the decision of the Diplomatic Body was received with acquiescence.
I have, &c. (Signed)
(Translation.)
Inclosure 3 in No. 1.
Mixed Court Magistrate's Warrant.
(Stamped by Senior Consul, January 7, 1907.)
January 6, 1907. I HAVE received secret instructions from the Viceroy of the Liang Kiang to the following effect :---
According to the secret report of the District Magistrate Chang I, the latter has heard from a Brevet-Major of the Liang Kiang forces, one Yuan Fu Tsai, that the accomplices in the Tien-tsin bomb outrage and leaders of the Kiangsi "Ke Ming Chun rebels, by name Chang Pao Ch'ing and Huang Yi (Huang Hsiao Chen) are at present at the hostelry for students from Japan in the Ningpo Road, and that Colonel Chang Fu Kuan has been instructed to watch the place. These men are to be secretly arrested and sent to the capital for punishment."
In accordance with the above instructions, I issue orders for secret arrest. The runner Yang Chiu is hereby commanded, with the aid of the tipao, to arrest the persons named hereon forthwith, and have them brought before the Court for hearing.
Let there be no delay, &c.
J. N. JORDAN.
(Translation.)
Sir,
Inclosure 4 in No. 1.
(Seal of Court.)
(Telegraphic.)
Inclosure 1 in No. 1.
Doyen of Diplomatic Corps to Consul-General Sir P. Warren.
January 22, 1907. THERE should be a preliminary inquiry at a public sitting of the Mixed Court before the Magistrate and Assessor, and if they are both satisfied that there is a primé facie case against the men and evidence of identity is forthcoming, they should be handed over to the Chinese authorities.
(No. 16.) Sir.
Inciosure 2 in No. 1.
Consul-General Sir P. Warren to Sir J. Jordan.
Shanghae, February 5, 1907.
I HAVE the honour to transmit herewith copies of correspondence which, together with a report by the Assessor, Mr. Barton, on the case, set forth in detail the circumstances connected with the arrest, preliminary hearing, and surrender to the Chinese authorities of the political offenders Chang Pao Ch'ing and Huang Yi.
I have, &c.
(Signed)
PELHAM WARREN.
• Not printed.
Taotai Jui to Consul-General Sir P. Warren.
Shanghae, January 11, 1907. I HAVE received a report from the Mixed Court Magistrate, Mr. Kuan, to the following effect :—
Captain Hsia Ming-kao has received secret instructions from the Viceroy to come to Shanghae and arrest two leaders of the Kiangsi rebels named Chang Pao Ch'ing and Huang Yi (alias Huang Hsiao Chen). He procured the assistance of runners and effected the arrest. Chang and Huang engaged the lawyers Jernigan and Fessenden to appear on their behalf, but the latter were persuaded by the Assistant Magistrate Sun to withdraw from the case.
However, the British Vice-Consul, Mr. Barton, said that a despatch either from the Viceroy or the Taotai would be necessary before the men could be handed over, and that he would also have to ask the Consul-General for instructions. The Magistrate therefore requested me to address you on the subject.
These men, Chang Pao Ching and Huang Yi (alias Iluang Hsiao Chen), are two important rebels for whose arrest secret orders were issued by the Viceroy. Now that their capture has been effected, they should be sent to Nanking for trial.
I have therefore the honour to request that you will give the necessary instructions for these men to be handed over to the Mixed Court for transfer, and favour me with an early reply.
Inclosure 5 in No. 1.
Notes of Interview of Mr. Barton with Taotai.
(Seal of Taotai.)
(Extract.)
January 12, 1907. MR. BARTON called on Taotai in city by instruction of His Majesty's Consul- General with reference to Taotai's despatch asking for immediate handing over of two political suspects, Chang and Huang, arrested on a Mixed Court warrant at instance of Nanking Viceroy.
Mr. Barton explained that the Consul-General was anxious to assist Chinese authorities and had no desire to protect the accused. He only asked the Taotai to
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