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(Translation.) (Telegraphic.)
Inclosure 9 in No. 1.
Nanking Viceroy to Taotai Jui.
January 15, 1907. I HAVE received your telegram of the 13th instant, stating that Consul-General Warren and Vice-Consul Barton ask for the details of the charges against Chang Pao Ch'ing and Huang Yi, and also for the evidence of the rebel Li, on account of this being an important case.
The rebel Li Fu Tsai was captured in the 9th moon, and stated in his examina- tion that he was a leader of Yang-tsze River thieves and had a gang of some scores of men. Recently two Hunan men, Liu Cheng and Li Chao Mei, founded a Union Society which developed into the "Ke Ming Chun" Secret Society, and they persuaded him to join them. He knew well that Yuan Yueh Sheng, Huang Yi, Chang Pao Ch'ing, Chiang Yu Ch'uan, and others were ringleaders. Li Fu Tsai was executed summarily,
In the latter half of the 10th moon (beginning of December) the rebellion broke out in Ping Hsiang and Li Ling of a band calling themselves the "Ke Ming Chun," ferocious in character, and rumours were widespread.
The rebels Yuan Yueh Song, Chiang Yu Ch'uan, Lung Chien Tien, Fu Yi Cheng, and others were captured in the neighbourhood of the capital, and according to their evidence the "Head" of the Society was Liu Chen, and the "second" was Li Chao Mei. Yuan Yueh Seng was a "Lieutenant," and Chiang Yu Chuan a "Military Chief." Chang Pao Ching and Huang Yi were "Advisers." Lung Chien Tien was a "Holy Sage," Fu Yi Cheng a Superintendent." They all said they were on their way to the scene of the rebellion, where, trusting to the prevailing terror, they proposed to steal arms or to burn churches and so distract the attention of the troops from the rebels; thus they would obtain possession of the district and upset the Government.
C
Yuan, Chiang, and Lang were accordingly executed summarily, but Fu was kept to confront with Liu, Li, Chang, and Huang when captured.
Chang and Huang are ringleaders of the Ping Hsiang and Li Ling rebellion, which they hoped would spread to other districts, and this was testified to by Li and Yuan in their respective statements, and, moreover, there is the evidence of Fu, who is still alive, to the same effect.
According to Chinese law the penalty is death at the least, and according to Western laws a severe penalty is called for.
In 1900 the rebel T'ang Tsai Chang lived on the Concession at Ilankow, and proposed to create disturbance, but he was arrested, with the assistance of the British Consul there, and punished before his plans took effect. This action is still remem- bered with gratitude by the Hupei officials and merchants.
The case of Chang and Huang is the same as that of T'ang, and I am gratified to see that Consul-General Warren and Vice-Consul Barton share my hatred of criminals.
You should therefore consult with the Consul-General and request that Chang and Huang may be handed over speedily for transfer to Nanking, in order that they may be tried together with Fu.
Sir,
Inclosure 10 în No. 1.
Consul-General Sir P. Warren to Taotai Jui.
Shanghae, January 17, 1907.
I HAVE the honour to acknowledge receipt of your despatch of yesterday's date, transmitting the evidence received by you from the Nanking Viceroy in the case of the prisoners Chang and Huang.
At a meeting of the Consular Body, held on the 15th instant, it was decided that, in view of the fact that these men were charged with a political offence, and of the importance of the case to the Governments of China and the foreign Powers repre- sented at Shanghae, the request of the Viceroy for the rendition of these men should be referred to the Diplomatic Body at Peking for their decision.
I have accordingly informed the Senior Consul of the contents of your despatch under acknowledgment and requested him to inform you as soon as the reply of the doyen is received.
(Translation.) Sir,
I have, &c.
(Seal of His Majesty's Consul-General.)
Inclosure 11 in No. 1.
Taotai Jui to Consul-General Sir P. Warren.
January 18, 1907. I HAVE the honour to acknowledge receipt of your letter informing me that at a meeting of the Consular Body on Tuesday, the 15th January, it was decided that as the offenders Chang and IIuang were political offenders the matter would have to be referred to the Diplomatic Body in Peking, and their reply awaited, when a further communication would be made to me.
I felt considerable surprise on hearing this. Mr. Vice-Consul Barton came to see me on the 12th instant to discuss this matter, and I informed him that rebellious persons had recently been in great force in China, that the Settlements had, as a matter of fact, been used by them as a retreat and harbour, and that if criminals of this kind were not swiftly and severely punished it was to be feared that the disorderly element would come to regard this port more and more as a strong refuge, and that, I pointed out, would injure the cause of good order as affecting both Chinese and foreigners.
Mr. Barton said that you were of the same opinion, and were not opposed to handing over the prisoners, but that, as to the facts against them, there was nothing but the statements of the officers who came to get them--at one time that they were "Ke Ming Tang" (revolutionary band), at another that they were denounced in the evidence of the criminal Li. Such evidence did not comply with the requirements of usual practice.
At this time I was in receipt of a telegram from the Viceroy addressed to you, of which I had a decypher prepared and which I produced to be handed to you. Mr. Barton stated that the case might have required the consideration of the Consular Body and definite instructions from the Ministers. That, however, would be a complicated and lengthy proceeding, to avoid which he proposed a modification. Would his Excellency the Viceroy send a copy of the record? It would then be possible to deal with the matter. He would return to the Consulate-General, and when a decision was arrived at a further communication would be made to me. The above was the purport of my conversation with Mr. Bartou.
On the following day I received a letter from you in the terms of Mr. Barton's verbal communication, and I appreciated highly your sincerity and just treatment of the matter and your willingness not to set up bars to jurisdiction, and I communi- cated the above particulars to his Excellency the Viceroy by telegraph.
Now Chang and Huang are men of the Kiangsi rebellion, who have given trouble to the people of the country, including Christians, and a general statement of the matter is given in the Viceroy's telegram to you of the 12th January. In your reply you state that if Chang and Huang are really of the revolutionary band ("Ke Ming Tang"), certainly assistance will be given in the matter. Now Chang and Huang call themselves "Ke Ming Tang" men, and you agree to help us in dealing with such. Why, then, do you now say that as they are political offenders reference must be made to the Foreign Ministers? If, the prisoners having been arrested in the Settlement, you were unable to take isolated action, but a consideration by the Consular Body was necessary, it would have done no harm to inform me, yet in your first letter in reply to me you make no mention whatever of that.
Treaties provide that criminals of Chinese nationality shall be handed over on application by the Chinese authorities, and there is no provision as to political offenders or anything about holding them back until instructions are received; so that your letter is not only contradictory, but, in its terms, contrary to Treaty provisions.
The reasons given for a consideration of the matter by the Consular Body are- 1. That these are political offenders;
2. That it seriously concerns the Governments of all the Powers, and that therefore the Ministers must be applied to for directions.