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as the 29th May I informed the Wai-wu Pu that I had taken the exceptional course of instructing His Majesty's Crown Advocate to proceed from Shanghae to Kiukiang to make an impartial investigation, and ascertain whether the facts justified the prosecution of Mr. Mears. The Crown Advocate arrived at Kiukiang on the 30th May, and after a careful and thorough consideration of all the circumstances, in which he was assisted by the Chinese authorities, he reported to me by telegram and despatch that a British jury would not convict Mr. Mears if tried on a charge of murder or manslaughter. Mr. Wilkinson had many interviews and discussions with the taotai and local officials, in which he placed the above conclusion fully before them, and His efforts to settle endeavoured to arrive at a friendly and satisfactory settlement.
the case were however unsuccessful, and he left Kiukiang after informing the Chinese authorities that if a charge was brought by the relatives of the deceased against Mr. Mears they would have every assistance in filing it, and that it would be fully and duly dealt with in accordance with British law.
This course was eventually followed, and a case was begun by a complaint on oath sworn on the 31st July in His Majesty's court at Kiukiang. The preliminary hearing prescribed by British law was heard at Kiukiang, the case for the prosecution being conducted by counsel, and the judge of the provincial court, Mr. Consul Werner, decided on the 12th August that the evidence was not sufficient to put the accused upon his trial.
Mr. Mears was accordingly discharged from custody in accordance
with British law.
The Wai-wu Pu, to whom the above facts were communicated at various times verbally and by letter, expressed dissatisfaction with the decision of the judge of the provincial court, and desired to have the case reheard by the Supreme Court at Shanghae. This request was referred to His Majesty's Crown Advocate, who came to Peking for consultation, and he has informed me that His Majesty's court at Kiukiang has jurisdiction under British law in cases of manslaughter; that the judge in this case assumed a jurisdiction and exercised a discretion on the facts before him which he was entitled to assume and exercise under British law; and that Mr. Mears cannot therefore be legally tried again for the death of Yu Fa Ch'eng. This opinion of the Crown Advocate was in due course communicated to the Wai-wu Pu, and in an interview on the 25th September with the presidents and vice-presidents Mr. Wilkinson personally explained in full detail the grounds upon which it was based. He also assured their Excellencies that the judge's decision was in his view correct, and that if it were possible to carry the matter to the Supreme Court he would still be the person who had to report on the charge, and he would still have to repeat the conclusion he had come to in June--that no British jury would convict on the evidence.
The situation as regards Mr. Mears is therefore quite clear. The charge brought against him has been beard and dismissed by the British judicial officials who, in accordance with British constitutional practice, are quite independent of my authority It is not in my in judicial matters, and according to British law he is a free man. power to dismiss him from his post or to govern his movements in any way. Neither the consul nor the council are retaining him at his post against his will; he remains in it of his own accord, and the council cannot legally dismiss him without his consent until the term of his engagement is completed. Such being the case, the statement in the note under acknowledgment, that the consul and the council must bear the responsibility for any trouble which may arise, is one which should not have been made. I must strongly protest against it. In these days it is the custom for irresponsible bodies, such as the chambers of commerce and the self-government society at Canton, to interfere in matters which concern Governments and political relations, and to insist by threats of boycott or other means on the removal of foreigners from their posts; but these are not proceedings which foreign Governments can be expected to acquiesce in, and they are certain sooner or later to involve the Chinese Government in disagreeable consequences unless they are openly and firmly checked by responsible Chinese authorities, In the present instance the Chinese Government cannot divest themselves of responsibility for the maintenance of order on the plea that a British subject who has been formally tried and acquitted under British law should be also removed from his post in order to satisfy popular clamour.
I am very sensible of the efforts which the Wai-wu Pu have been making to suppress the boycott of British shipping, which, in accordance with the vicious precedents I have referred to above, has been originated by irresponsible persons at Kiukiang, Shanghae, Ningpo, and elsewhere; and I confidently rely on the unremitting exertions of the Central and Provincial Governments to put a stop to a
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course of action which is injurious to commerce and highly prejudicial to the good relations so happily existing between our two countries.
I avail, &c.
Inclosure 4 in No. 1.
J. N. JORDAN.
Telegram from Governor of Kiangsi respecting Kiukiang Boycott,-(Communicated by Wai-wu Pu, September 25, 1909.)
(Translation.)
WITH regard to the boycott of British steam-ships, the taotai, acting under my instructions, twice issued proclamations against the movement, and as public affairs have now brought me to Kiukiang, I issued a further proclamation prohibiting the boycott on the 22nd instant. The following is the text of the proclamation :-
"The following prohibition is published for general information:
"As it came to my knowledge that owing to the case of the man Yu Fa Ch'eng, who died in consequence of a blow inflicted by the British Police Superintendent Mears, the merchants and people of the port of Kiukiang were refraining from using British steamers either for passenger or for goods traffic, and as such proceedings were most improper, I on several occasions directed the Kiukiang taotai to join with the prefect and the district magistrate in enquiring into the matter, and two proclama- tions against the movement have been issued by the taotai. I also sent a competent official to proceed with all speed to Kiukiang in order to convey my orders to the chamber of commerce and to advise them of their duty. As public affairs have now entailed my presence in Kiukiang I have personally investigated the matter minutely, and find that up to the present the mercantile community of the port have not held any meetings with a view to organising a boycott of British steamers. In view of the position of Kiukiang on the Yangstsze, and with a population drawn together from every part of the Empire, I feel genuine anxiety lest lawless characters may have seized the opportunity to mislead the public, and by the dissemination of lying statements excited such misapprehension amongst merchants that they are afraid to enter the concession for the purpose of loading or discharging their goods. Such proceedings are entirely contrary to the Imperial desire for friendship with other countries and assistance of commerce, and I therefore issue this stringent prohibition for the guidance of all. Let all merchants and others take note that, with regard to the case of Yu Fa Ch'eng, whose death resulted from a blow inflicted by the British Police Superintendent Mears, I have repeatedly telegraphed to the Wai-wu Pu requesting them to exert themselves to the utmost in dealing with the matter, which should of course be settled equitably in accordance with law and treaty provisions. You merchants and others should know, with your wonted understanding of what is right, that the holding of meetings in order to organise a boycott is prohibited; and, further, that in view of the close and long-standing friendship between China and Great Britain and the mutual confidence which has resulted from many years of commercial intercourse between the two countries, there are no grounds for suspicion and alarm. After the issue of this proclamation your relations with them should be on their usual footing, and you must not be too ready to believe lying statements which might bring you into conflict with the law. If any lawless characters endeavour to mislead the public and foment disorder by the dissemination of
to open rumours, they will upon detection incur the severest punishment. It is merchants and people to denounce them, and no mercy will be shown. My orders will be enforced by the law, and let no one venture to disobey."
you
I have the honour to request that strong representations be made to the British Minister urging him to effect an early and just settlement of this case, so that the law may be vindicated and popular feeling appeased.
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