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Your Excellency,
34
Inclosure 3 in No. 20.
Acting Consul-General Mansfield to Viceroy Wei.
August 10, 1903. I HAVE the honour to acknowledge receipt of your Excellency's note, asking for the handing over of the men arrested in connection with the "Supao" case.
I have the honour to observe that the Shanghae Tantai in the first instance discussed with the Consular Body the best means of preventing the publication in the Settlement of seditious literature.
He pointed out that the Chinese newspaper, the " Supao," daily published articles of a seditious character, and that seditious pamphlets were also being sold in the Settle- ment, and eventually came to a clear agreement with them that if those who were responsible for such articles were arrested, they should be tried and punished by the Mixed Court.
The municipal police were instructed to assist in suppressing the sale of certain seditious pamphlets, which was done. Six persons were arrested by the police under a warrant from the Mixed Court, and the hearing of the case was commenced. Later on the Taotai informed the Consular Body that your Excellency desired the prisoners to be handed over, and I received a telegram from His Majesty's Minister that a similar request had been made by the Wai-wu Pu.
I was, therefore, to report on the whole case. I forwarded a full report, and, as diplomatic discussion was being carried on with the Chinese Government, proceedings in the Mixed Court were in the meantime stayed.
I have the honour to point out that the Taotai of Shanghae is the highest Chinese official resident at Shangliae, and is deputed by the Chinese Government to transact international business with the foreign Consular Representatives. Any Agreement made by him with them, if not contrary to Treaty, should be upheld.
Your Excellency quotes Article XXI of the Treaty of Tien-tsin as having been disregarded, but I have the honour to point out that these accused persons have not been harboured or concealed," but have been arrested, and are in process of trial before the Mixed Court, which is presided over by a Chinese Magistrate especially appointed by the Chinese Government, for the government of the Chinese residing in
the Settlement.
I have just had the honour to receive a telegraphic despatch from His Majesty's Minister to the effect that he has received a telegram from His Majesty's Principal Secretary of State, who considers that, as the proceedings in this case have all taken place on the basis of an agreement entered into by the Taotai of Shanghae that the men should be tried, und, if guilty, punished by the Mixed Court; the agreement must be upheld, and that the prisoners should not be handed over to another Court. He considers that sufficient measures should be taken to prevent the Settlement being used for the publication of articles inciting to insurrection and crime.
I have deputed my Vice-Consul to attend the trial, and sit as Assessor, and can assure your Excellency that he will give his best assistance to enable Mr. Sun, the Mixed Court Magistrate, to come to a just decision on each of the cases brought
before him.
It has always been and is the desire of my Government to maintain the friendship of China, and in all international matters to act with fairness and justice. I trust that your Excellency will recognize this, and will give instructions that the trial of the six prisoners now in custody may be carried out as soon as possible in the Mixed Court of the Settlement.
(Translation.)
I have, &c.
(Signed)
R. W. MANSFIELD.
Inclosure 4 in No. 20.
Viceroy Wei to Acting Consul-General Mansfield.
[Received August 27, 1903.]
I HAVE the honour to acknowledge receipt of your note, stating that the six criminals guilty of treasonable practices are now in custody, and assuring me that their trial in the Mixed Court will be conducted in a spirit of fairness and amity, also
15
requesting that instruction be issued to the Magistrate to fix a date for hearing
the case.
The criminals in this case of sedition should arouse the wrath of Chinese and foreigners alike: for they are guilty not only of a grave breach of the laws of the country, but also of disturbing the general peace. While I am extremely grateful for the evidence of extreme friendliness between our countries and of the active regard for the interests of the Empire afforded by the issue of instructions by the British Government for the taking of measures to prevent further printing or sale of seditious books and papers, and by the non-harbouring of offenders by your Excellency, the Consul-General, yet, at the same time, in affairs of an international character our only guide is furnished by Treaties, whereof the express provisions should be observed by both parties. When Article XXI of the British Treaty (Tientsin, 1858) states that "if criminals, subjects of China, shall take refuge in the houses or on board the vessels of British subjects, they shall not be harboured or concealed, but shall be delivered up on due requisition by the Chinese authorities, addressed to the British Consul," because, the laws of the countries differ- the inherent right of China to try and punish criminals should not be usurped by other nations.
The treasonable nature of the offence in question is such as, by the Mixed Court Regulations 2, 3 and 4, should cause the prisoners to be handed over to the Chinese local authorities for trial and punishment, and precludes them from trial in the Mixed Court.
By Treaty and by the Regulations the case should be handed over to the Chinese local authorities to adjudicate independently. Not only has the Shanghao Taotai no power to disobey these provisions, but my Government and yours are mutually bound to observe them.
Great Britain absorbs 60 or 70 per cent. of China's commerce, which depends for its prosperity on the pacific condition of the locality; tranquillity, then, is of vital importance to the local trade of China with Great Britain. The community of interest of the two countries is obvious from the number of Englishmen enjoying the privileges of trade in China. Only by the mutual good faith, conciliation and friend- liness of officials, merchants and people of the two countries can a prosperous condition of trade be maintained. In the transaction of public business between your Excellency, the Consul-General and myself, we should be both influenced by this spirit for our mutual benefit.
The criminals in this case are guilty of a most serious seditious conspiracy, at which officials, merchants, gentry and people are alike indignant: their intention to cause a rebellion in the Empire would have been most disastrous to commerce. Russia and France, among other countries, are alike desirous of giving up the prisoners. Great Britain, whose relations with China are of the closest, is under an even greater obligation to give her speedy consent in fulfilment of Treaty stipulations, thereby incurring the gratitude of officials, merchants and people for the disinterested fairness of her conduct.
Your Excellency, the Consul-General, being thoroughly conversant with present affairs, will doubtless do me the honour of furnishing a reply which I anxiously await.
Inclosure 5 iu No. 20.
Acting Consul-General Mansfield to Viceroy Wei.
I
August 29, 1903. Your Excellency,
ON the 27th instant I had the honour to receive your note with regard to the case of the six prisoners now in custody on a charge of publishing seditious literature. In reply I have the honour to state that this case is in the hands of the Central Government at Peking and of the Ministers of the Foreign Powers concerned. have received categoric instructions from the British Minister at Peking that I am not authorized to discuss the case bere, and the only course therefore open to me is to forward him a copy of your Excellency's letter.
I have, &c. (Signed)
R. W. MANSFIELD.
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