CO129-363 - Public Offices & Others - 1909 — Page 91

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the work. The letter concludes by stating that the Japanese Chamber of Commerce has also expressed itself in accord with these suggestions.

The concurrence of the Japanese Chamber was very unexpectedly given at a final meeting of the representatives of the two Chambers held at my suggestion last week. It was pointed out by the representatives of the foreign Chamber that the proposed taxes would in all probability barely cover the cost of strengthening the bank at Duck Island and the annual running expenses which the deepening of the bar would involve, so that the provision of funds for the up-river improvements would fall entirely on the Chinese Government. The Japanese representatives thereupon gave way, and agreed to lend their support to the foreign Chamber's views.

The Chamber's letter was discussed at a meeting of the consular body held here on the 25th instant. It was decided that each consul should report separately to his Minister on the question, but that the senior consul should reply to the taotai's letter in the name of the body, informing him of the views held by the Chambers of Commerce, and suggesting that a survey should at once be made of the bar so that some estimate could be arrived at of the probable cost of deepening it. The question of addressing the doyen of the diplomatic body was raised, but the general opinion was that it would be premature to do so until we had learnt from the taotai how the provincial authorities regarded the proposal that the deepening of the bar should be included in the conser- vancy scheme, and what further pecuniary assistance they were prepared to render, As and also until we had some idea given us of the nature and cost of the new work. far as I know, the bar has never been surveyed by a qualified engineer, and we are absolutely in the dark as to whether any useful improvement in its channel can be effected except at prohibitive cost. Mr. Hughes will, we hope, be instructed by the Viceroy to undertake the work of surveying it, but whether he will be able to do so this year or not is doubtful. He is at present superintending the work at Shuang Tai Tzu.

I should mention in conclusion that I have received a letter from Messrs. Butter- field and Swire's agent at this port, requesting me to place on record the fact that, as a member of the Chamber of Commerce, he has reserved his vote on the resolution approving the imposition of a tax on shipping pending reference to his principals. The United States Consul, on the other hand, has protested against the inadequacy of this same tax, which he maintains should be at least 5 candareens per ton.

I have, &c.

F. E. WILKINSON.

AFFAIRS OF CHINA.

CONFIDENTIAL.

[40077]

No. 1.

[November 1.]

SECTION 1, Z

Sir J. Jordan to Sir Edward Grey.-(Received November 1.) (No. 373.)

Peking, October 12, 1909. Sir,

IN my despatch No. 336 of the 16th September I had the honour to enclose copy of a despatch which I had addressed to His Majesty's consul at Kiukiang, com- menting upon his handling of the Yu Fa Ch'ông case, and I now beg to transmit to you copy of the reply which I have received from Mr. Werner.*

The contentions put forward by Mr. Werner do not alter my opinion that he made a mistake in holding the preliminary hearing. There were two courses clearly open to Mr. Werner, and, in my opinion, he chose the wrong one, although the right one was sufficiently clearly indicated to him by the instructions of the Crown Advocate. Seeing that he had conducted a long and necessarily acrimonious correspondence with the taotai on the subject, it was not difficult to foresee that his holding of the preliminary inquiry would cause great dissatisfaction, and it was eminently a case in which he should have exercised the discretion allowed him by article 25 (1) of the order in council, which seems especially designed for such cases.

Having decided to hear the case, Mr. Werner committed a farther fault of judgment in exercising the power granted him by Rule 42 of the Supreme Court to exclude the public from the preliminary examination. We had everything to gain and uothing to lose by the widest publicity, and should not have given the Chinese the opportunity of saying, as they now do, that a public charge has never been publicly heard. These criticisms are of course offered from a political point of view, but the state of things in China imposes upon consuls the duty of seeing that their judicial functions are exercised, in so far as British legal procedure permits, in a way that will not provoke popular resentment.

Mr. Werner refers to the interference of American missionaries and other people at Kinkiang, and has more than once stated his belief that, but for this undercurrent of foreign support, the boycott would have stopped before now. There seems, I regret to say, to have been considerable friction between Mr. Werner and several of the members of the small foreign community at Kiukiang for some time past, and complaints of social squabbles have reached me from both sides, into the merits of which I have not considered it advisable to enter. Mr. Werner, as I have been obliged to remind him, has had similar experiences at several other ports in China.

I am glad to be able to report that things seem to be improving both at Kiukiang and Shanghae. Mr. Werner telegraphed on the 8th instant that shipment of cargo had been resumed that morning, and on the following day cargo was also shipped from Shanghae to Kiukiang, and His Majesty's consul-general at the former port telegraphed that the boycott was relaxing.

The Wai-wu Po, on whom I have continually urged the necessity for vigorous action, have sent a Councillor of the Board, Mr. Liu Yuk-lin, to do all he can by personal action on the spot to effect a complete cessation of the boycott. I have given him letters to Mr. Fraser at Hankow and Mr. Werner at Kiukiang, and have asked both consuls to afford him full co-operation in devising measures calculated to attain the end in view.

The Board, however, still insist that the removal of Mears is necessary for the appeasement of the popular feeling, and I have instructed Mr. Werner to bear carefully in mind the suggestions made in your telegram No. 167 on this point. A considerable section of foreign opinion is opposed to the step as a concession to Chinese prejudice, but the man's usefulness at Kiukiang must be so greatly impaired as to make the solution seem alınost a necessity.

I have, &c.

J. N. JORDAN.

* Not printed.

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