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The ting hurried to the taotai's yamên after his visit to me, and repeated my "violent" remarks, stating that he had determined to prepare his resignation without sit loss of time.
you ; "And quite right, too," replied the taotai, "I don't blame
It is down at once, and I will help you to write it out and send it on to-night." reported that the ting left the presence of his masterful superior a sadder and a wiser The same night, however, the taotai telegraphed to the Viceroy, stating that my strong attitude and the presence of troops at Lweje evidently indicated a firm attitude on the part of the Burmah Government, and asking for instructions. A few hours later he received a reply from his Excellency ordering him to settle all outstanding affairs without delay, and to induce me to an amicable settlement at all costs.
man.
As I had not been approached in regard to the Lweje troops, it did not appear necessary to volunteer the information that that district had been selected for the usual autumn manœuvres. On the following day a meeting of the leading gentry and merchants was called at the taotai's yamên, and be ordered them to desist immediately from their foolhardy tactics, to abandon the boycott, and to go quietly about their business. From that day the unfriendly rumours and the popular excitement subsided entirely, and on riding through the streets shortly afterwards I was met everywhere with smiles and greetings, which showed clearly that the history of recent negotiations was known and appreciated by the people, who are undoubtedly well disposed to the consulate, though, like all Chinese, they are easily stirred up when official purposes can be served by popular excitement.
Final Settlements.
A new era now commenced in official relations, which for a year had been so stormy and for several years so entirely unsatisfactory on the frontier. The taotai sent me most conciliatory messages. The frontier deputy, Chao, who was known to be on good terms with all British officers, and who has consistently advocated a saner policy, was hurriedly summoned to Tengyueh, and within a few days the taotai bad asked me to outline any settlement which would be satisfactory to the Government of Burmah. I told him that we must first settle our local affairs and the outstanding cases and questions left over from the frontier meeting, and that I should then be in a position to consider any representations which he might wish to make in regard to the broader question of frontier polities.
After several interviews be withdrew all his objections to a satisfactory settlement; he closed every pending case, paid all outstanding compensations, ordered the ting to seal the deeds for the consulate site, signed our draft of the "Regulations in Trans- frontier Cultivation," and sealed all cultivation maps in which there were no disputed fields, agreeing that the deputy, Chao, should proceed immediately to the froutier and hear the disputes, of which there were very few, if the assistant superintendent of Kutkai would agree to meet him. I endeavoured to persuade him to seal these maps also and to let the cases be heard afterwards, but he urged that the cases in question actually involved the frontier line, and that, as the line was shown on the maps, it would be more satisfactory to complete the evidence and to insert an undisputed frontier line an argument which appeared reasonable and I therefore thought it wise to concede this point. He must certainly realise the folly, the unnecessary waste of time and money which he has incurred by refusing to have these trifling cases settled when the deputy was on the spot, but, as Mr. Chao is unlikely to hold his frontier post much longer, and as he is the only Chinese officer who understands and can be trusted to deal satisfactorily with this intricate cultivation question, I welcomed the opportunity of closing the points in dispute once for all, and of inaugurating the new regulations, a copy of which is attached to this report (Enclosure 2).*
We are now in the favourable and unusual situation of having closed our frontier accounts with an entirely clean sheet, whilst the meetings of the past two years have defined a clear issue in all frontier questions and have established precedents and laid down a definite procedure on all important points, a result which should simplify relations and facilitate business at the frontier meetings of all succeeding years. I may add that, after all settlements had been completed by the taotai, I undertook on behalf of Mr. Thornton and Mr. Cabell to withdraw our joint despatch, a point to which the taotai appeared to attach the greatest importance.
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Rent of Namwan assigned Tract.
In bis settlement of the compensation account the taotai has created one precedent which may prove of service to our frontier officers in the future. In the neighbourhood of Namkham there is an assigned tract known as the Namwan triangle," which is administered by the Government of Burmah in consideration of an annual payment of 1,000 rupees, a sum generally handed to the Chinese representative by cheque at or immediately after the frontier meeting. In his despatch, dated H.T., 26th of the 1st moon (21th February, 1911), which closes the joint account for the past year, the taotai has entered this sum as part payment of the China debt to Burmah on account of outstanding cases, and in these circumstances there would appear to be no longer any objection to our adopting a similar procedure should it be necessary in future years.
Legal Points requiring Settlement.
Several cases occurred in the course of the season's work which were of more than passing interest, involving principles which must, sooner or later, he met and settled, although on general principles it appears undesirable to formulate too precisely the powers and scope of the frontier courts, which are unusual in their constitution and are hedged with difficulties which are generally best met by common sense and mutual agreement. One question which cropped up with some persistency was the definition of a British subject. For the purposes of the moment we agreed to consider a man a British frontier subject if he had actually been assessed to revenue, and this definition worked satisfactorily during the meeting, though it was not formally accepted by the Chinese.
The questions of matrimonial and civil suits and of extradition and compensa- tion also gave rise to considerable discussion, and memoranda on these points, with suggestions for the future settlement of cases, were drawn up by Mr. Cabell, and are attached to this report as Enclosures 3 and 4.* Mr. Cabell has cleared the issues, and I am entirely in accord with his views. I believe that Mr. Thornton also agrees with them, and, as cases of this nature occur with some frequency on all sections of the frontier, it is desirable that they should be dealt with on a recognised and uniform basis. One difficulty, however, presents itself, which has been touched upon by Mr. Cabell in his memorandum on extradition and compensation, and replied to in my note to Enclosure 4.* British subjects who cross the frontier into China and commit offences there can only be tried by the consul, and his criminal powers are too restricted to allow of the proper punishment of serious crimes. I have suggested in my note to Mr. Cabell's memorandum the possibility of a King's regulation investing the consul at Tengyueh with full criminal jurisdiction, including powers of life and death similar to that exercised by the deputy commissioners in the Kachin Hills, in I have the honour to submit dealing with offenders who are parties in a frontier case.
this point for your consideration, and it is, I think, important that some simple and practical machinery should be introduced for the punishment of such offenders before they realise the unusual and dangerous immunity which they enjoy in consequence of geographical difficulties--immunities which might considerably embarrass us in our relations with the Chinese frontier authorities.
Frontier Officials.
In previous reports I have outlined the career and character of the acting Tengyueh taotai, Keng Pao-kuei. A member of the progressive Szechuan party, he has had a meteoric career, attaining this post of taotai at the age of little more than 30. His advancement has been largely due to a reputation for "fierceness," which has doubtless proved very effectual in dealing with the intricacies of internal affairs, and, on his arrival at the frontier, he evidently intended to prove its efficacy in the treatment of barbarian colleagues. I think it may be assumed, however, that he will try no further experiments in this direction, and that his hot-headed behaviour and reckless statements have caused considerable embarrassment not only to himself, but to his Government. His retention in office is now very uncertain, but I am endeavouring to strengthen his hand, as it appears advisable to retain him if possible now that he has realised the whole strength and weakness of his position. There is no doubt that he was greatly impressed by the frontier meeting, where the British
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