2
I cannot but feel sorry for the Magistrate of Hsin Hsing, whose action was absolutely in accordance with Chinese procedure and is not wanting in an elementary kind of justice, for the relatives of the robbers are presumably living on the proceeds of this and similar outrages.
I have, &c.
(Signed)
R. W. MANSFIELD.
Inclosure 2 in No. 1.
Extract from the "Seventy-two Guilds Commercial News" of August 26, 1907.
Acting Viceroy Hu takes Measures to prevent the Recurrence of Misdemeanours in settling Foreign Cases. (Translation.)
THE following Minute has been made by the Viceroy on the report submitted by the Hsin Hsing Magistrate Tsou on the robbery of the foreign missionary Snuggs:-
"In cases in which foreign merchants or foreign missionaries are the victims of a robbery, the Treaties only demand the arrest of the delinquents and the restoration of the property stolen. There is no obligation to pay compensation. And this principle has been illustrated in more than one past case. After causing careful search to be made in the correspondence which passed between the British and American Consuls and the late Viceroy Chou, relative to the robbery of the American missionary Snuggs, and Miss Commin, a missionary lady, on the river at P'ang Ts'un in the Magistrate's district, I am unable to find anything which goes beyond the principle just enunciated. Nevertheless, instead of recovering the property and punishing the offenders, the Magistrate compelled one of the robbers named Su Ya Kuei, who fell into his hands, to make out a list of the families of the ringleaders in the outrage, and forced them to pay the full value of the property stolen, as estimated in a letter written to him personally by a missionary pastor of the name of Chang. The action taken is entirely in the wrong. Having once established such a precedent, if another similar case arises and the had example now set is imitated by others, an altogether anomalous state of affairs will be produced. Apparently the Magistrate is not aware that all cases affecting foreigners should first be reported to me and my instructions asked in the matter. In the present instance the money was paid over to the missionaries before I was informed of the case. And even then the Magistrate only reports that he made good the estimated value of the property, and vouchsafes no details as to what was asked and what was given. The whole conduct of the Magistrate in this matter proves that he acts too much on his own assumption and performs his official duties in a far from satisfactory manner. In these circumstances I feel that it is my duty to make an example of his case, and I therefore propose to set three bad marks against his name. He will also be fined twice the value of the money obtained from the relatives of the robbers, such fine to be offered in rewards for the apprehension of the actual offenders. Further, he will be given half a month in which to hunt down the ringleaders in this affair, and report their capture and punishment. Lastly, he must surrender the receipt given to him by the missionary Snuggs for inspection.
I shall be glad, therefore, if the Kuangtung Central Police Office and the Provincial Judge will see that my instructions are duly transmitted to the proper quarter and write to the Provincial Treasurer to record the bad marks and take the necessary steps to secure the fulfilment of my wishes. I shall also be glad if they will at the same time send a circular notice to the various officers in this jurisdiction to the effect that, in future, cases of this kind are to be dealt with strictly in accordance with Treaty. And particular stress should be laid on the great importance of avoiding any imprudent individual action which might cause complications in dealing with future cases."
Inclosure 3 in No. 1.
Consul-General Mansfield to Acting Viceroy Hu Hsiang-Lin. Your Excellency,
Canton, September 15, 1907. MY attention has just been called to an article which appeared in the "Ch'i-shih-erh Hang Shang Pao" on the 26th August last, purporting to be your Rescript to the
3
Petition of the Magistrate at Hsiu Hsing on the robbery by armed men from the missionaries Snuggs and Miss Commin.
From this it appears that the Magistrate, having arrested one of the robbers, but being unable to find the actual property stolen, compelled him to make out a list of the families of the ringleaders, and forced them to pay the full value of the goods stolen, which he then refunded to the missionaries concerned,
I have always supposed that your Excellency was desirous to put a stop to the piracy and robbery which for so long has been a disgrace to the province under your jurisdiction, and would have thought that the vigorous and just action of the Magistrate would have met your approbation and reward. To my great surprise, however, your Rescript, as quoted, severely censures him, places three bad marks against his record, and fines him a sum of money. You also send to the various officers in your jurisdiction circular orders which are most obviously calculated to encourage piracy and robbery, especially in cases which have relation to the subjects of friendly Powers.
If it is
I have difficulty in believing that the newspaper article, of which I inclose a copy, can be a correct report of what has happened, and if it is not I trust your Excellency will direct the Chri-shib-erh Hang Shang Pao" to publish a contradiction, correct, I feel sure that the Chinese Government in Peking will, on hearing the facts, disapprove of such unfriendly action on the part of its high officials.
Your Highness,
I avail, &c. (Signed)
Inclosure 4 in No. 1.
Sir J. Jordan to Prince Ch'ing.
R. W. MANSFIELD.
October 5, 1907. IN the numerous consultations which have taken place between the Ministers of the Board and myself during the past year on the subject of the prevention of piracy in Canton waters, it has been mutually recognized that the problem presents considerable difficulties, but that it is capable of adjustment if the local officials act with vigour.
The District Magistrate of San Hing (Hsin Hsing) recently arrested one of the robbers who had attacked and looted a native boat upon which two missionaries were travelling, and obliged the families of the ringleaders to make restitution of the value of the stolen articles.
A few weeks later a native paper called the "Commercial News" published what purported to be a Minute of the Acting Viceroy Hu on the District Magistrate's Report. I have the honour to inclose a copy of this newspaper extract.
In this document the Acting Viceroy is represented as censuring the District Magistrate for paying compensation, lest it should be taken as a precedent. The Magistrate, therefore, has three bad marks entered on his record, and is fined twice the value of the money obtained from the relatives of the robbers, this sum being offered as rewards for the arrest of the actual offenders.
Mr. Mansfield, His Majesty's Consul-General, on becoming aware of this publication in the newspaper, addressed a note to the Acting Viceroy, a translation of which I have the honour to inclose, asking if the newspaper extract was authentic. No reply had been received when Mr. Mansfield made his report to me, and the new Viceroy was expected to arrive at his post within a few days,
I have the honour to request your Highness' Board to examine the inclosed documents, and to be good enough to ascertain by telegraph whether the newspaper extract is what it professes to be. If it is not, an official contradiction should clearly be published. If it is an accurate reproduction of the Acting Viceroy's Minute, I need hardly point out to your Highness' Board that it constitutes a direct encouragement to piracy, and serves as a warning to local officials to regard the robbery of foreigners with indifference. To pirates it is an intimation that if they can enrich their families by their depredations, their families will not suffer. They themselves may be arrested, but the risk of this is not great, and they can always look forward to enjoying the fruits of their plunder when they are released. To the local officials it implies that they need take no steps to render piracy unprofitable. If they can arrest pirates after an attack and recover the stolen property, they may do so; but if the plunder has been disposed of, the pirate's family is so much the richer, and must not be regarded as
accessories to the crime.
[2732 yg-6]
B 2
528
Į