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AMERICAN ASSOCIATION OF
CHINA.
MEETING AT SHANGHAI.
A special meeting of members of the American Association of China was held at No. 1 Yuen- mingyuen Road Shanghai on November 24th. Mr. Murray Warner presided and there were over eighty members present.
At the outset the question was raised as to whether the representatives of the Press should be excluded. A vote was taken on a motion to exclude the reporters. The motion was rejected, amidst loud applause, by an overwhelming majority.
Dr. GILBERT REID, as chairman of the Sub- Committee appointed to obtain the views of Americans in China as well as these of members of the Association in Shanghai, moved the adoption of four resolutions which had been circulated and which, he said, were a summary of the wishes expressed. Dr. Reid suggested certain alterations in the resolutions as they then read as follows :—
Resolution No. 1.-Resolved that the American Association of China, convened at special meeting, does hereby express thanks and appreciation for the interest manifested by the Department of State and by Congress in con- sidering and forwarding suitable legislation for the United States Court for China; and does petition them to continue their efforts until suitable legislation is enacted,
Resolution No. 2-Whereas the right of Trial by Jury is one granted to American citizens under the Constitution of the United States; and
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Wheras of such Americans in China as have made known their wishes, in response to a printed circular, nearly eighty per cent. have expressed preference for a jury trial, or some- thing similar thereto as other than a trial by
one man;
THE HONGKONG WEEKLY PRESS AND
resolution which could be adopted by all. Dr. Reid then went into the merits of the jury system and also of the sitting of Assessors with the Judge. He said the jury system was a part of their national life, it was inherent in the races to which they belonged as Anglo-Saxons or Teutons. Dr. Reid quoted from Blackstone on fial by jury and referred to the Constitution of the United States and separate States, reading extracts from the Constitution of the United States and then from an article on jury trial published in the "North American Review." Referring to the question of Assessors the speaker dealt with the Memorial sent to the President last year by the Association and to the Bills already drawn up dealing with the matter. There was a good deal to be said both for and against having Assessors and Dr. Reid related the views of those who supported a system of Assessors and the reasons why others were against it. He laid great emphasis on the word option by an accused person of being tried without a jury or Assessors, The resolution left it as an option for the citizens of the United States to say whether they should have a trial by a jury or not. There was nothing in the constitution of the United States to prevent a man being tried by a jury.
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It was not a question whether the Judge here wanted a jary or not, but it was a question for the American citizens to say, if they were accused, whether they would be tried with a jury, or by the Judge with Assessors. With regard to the third resolution the question was considered by a sub-Committee of Foreign Affairs in the House of Representatives. Both Mr. Denby and Mr. Fessenden seemed to think that something should be done, not to take away-th power of the District Attor. ney in securing this preliminary evidence, but to check it, so it was recommended that there should be some other officer of the Consulate at Shanghai or any other part, who should have this power to subpoena witnesses, administer oaths and he and the District Attorney decide whether a prima facie case of guilt had been established, before a Bill of In- formation could be filed by the District Attorney. This was simply to preserve the rights of every American citizen in these investigations made in secret. Resolution No. 4 expressed a view which was not the view which was taken by the Executive Committee last year. An Assistant Judge had not been appointed and might not be appointed. The Consular Court should be distinct from the Superior Court so appeals might be made from the lower Court to the higher court, but not having the same Therefore, be it resolved that we request that the officers sitting in both Courts. They were all Magistrate of the Consular Court in each Con- agreed that the Consul General should be sular District, in conducting a private investi-relieved of his judicial duties, and they memoria- gation of crime, shall have power to subpoena lized that some other officer in the Consulate- witnesses, administer oaths, and that said General, preferably a Vice-Consul, should act officer, with the District Attorney, shall as a Magistrate in this preliminary or Police examine the witnesses and determine whether Court. He was personally in favour of the a prima facie case of guilt has been maintenance of the Consular Court. In con- established upon the evidence. before
a Bill of Information can be filed by the District Attorney.
Therefore, be it resolved that we ask that such provision be made in future legislation as will secure to Americans, in both civil and criminal cases, the option of being tried with or without a jury of, five, or, should it be deemed preferable, by a similar number called Assessors, who shall, however, be the sole judges of the facts in each case.
Resolution No. 3.-Whereas, the power vested in a Grand Jury for the Courts of the United States should be vested, for the just treatment of Americans in China, in some United States Officer:
Resolution No. 4.-Resolved that it is the opinion of the American Association of China that the Consul-General of the United States at Shanghai should be relieved of all judicial duties, and that the Vice-Consul-General or some other office! of this Consulate General should perform the judicial duties now devolving upon the Consul-General under the Law.
Mr. J. N. JAMESON seconded.
Dr. REID explained that the resolutions had been drawn up with a view to meeting the wishes of all, With regard to Resolution No. 1 they all appreciated what had been done by the Secretary of the State Department. Mr. Bacon and Mr. Wilson, who were associated with him had undertaken to have a proper bill introduced into Congress. Mr. Edwin Denby also took a great interest in China and Senator Lodge had helped on legislation for Americans in China and the formation of the Court which had been already established. As regarded Resolution No. 2 this was a proposition of accommodation and mutual magnanimity. He thought the majority preferred the introduction of a modification of the jury system in the Court in Chins; while the minority had a prefe- rence for Assessors. Both of these wishes had been included in order that by mutual agcommodation they could secure a
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that
olusion Dr. Reid appealed to the meeting for unaninimity of action and said that if they could only agree on these matters and have a unanimous vote they would help to carry through the leglislation they sought in Wash- ington.
or.
Mr. G. E. TUCKER moved that the words "* should it be deemed preferable, by a similar number called Assessors," be deleted, also the word "however." from paragraph three of Resolution No. 2.-Dr. W, H. JEFFREYS seconded.
Mr. TUCKER then explained his reasons for proposing the amendment.
Dr. F. L. HAWKS POTT raised a question of privilege and asked that Mr. J. F. Seaman be allowed to bring forward his substitute motion, of which notice had been given, at this stage.
It was decided to take Mr. Seaman's substitute motion which he proposed as follows:-
Whereas, the Association in November of last year addressed to the President and Congress of the United States a Memorial "on the need of a more complate body of Laws for Americans in China, and an American Federal Building Shanghai," and supported the Memorial by'a Memorandum upon the needs of the Judiciary and Consular service in Chins; and Whereas, no action thereon was taken at the last Session of Congress, and consequently the situation remains unchanged, to the detriment of the efficiency of the public service and the interests
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[December 7, 1908 €
of Americans resident in China: Resolved (1) That this Association transmit a further Memorial to the President and Congress of the United States, reiterating the views previously expressed, and emphasizing the necessity for the adoption and promulgation of a Code of Laws for the guidance of the United States Court for China, and the provision by appropriation of funds for the purchase of land for the erection of buildings for Governmental purposes at Shang- hai. (2) That, with a view to fully acquainting the authorities at Washington with the situation the issue of the illustrated · Journal of the Association, Volume II, Number 5, or so much thereof as is cognate to the subject, be represented, and that a copy thereof, together with a copy of these Resolutions and of the Memorial referred to in Resolution I. be transmitted to the Pre- sident, to the Secretaries of each Department and to every member of the Senate and the House of Representatives.
Dr. Hawks Port seconded. These and other amendments were rejected and the resolutions, as amended by Mr. Tucker, were adopted.
THE REVOLUTIONARY OUTBREAK AT ANKING.
REVOLUTIONARIES BEHEADED AT CHANGSHA.
The revolutionary outbreak recently reported to have broken out at Anking near Nanking native authorities. was speedily quelled by the promptitude of the quickly near the scene of the disturbance and Two Chinese gunboats were from the river shelled the east fort where five hundred revolutionaries were said to be stationed. These were dispersed, with a few casualties, and
order is now restored.
H. M. 8. Flora and Britomart proceeded quickly to the scene and stood by to protect the lives of foreigners in the neighbourhood.
Hankow on the 22nd inst "Telegraph to H. B. M's. Consul at Kiukiang wired to Anking interrupted. H. M. 8. Flora reports that on the 19th 2,000 Anhui troops revolted and tried to seize the city. Four Chinese oruisers shelled them out of the East Fort but they still invest the north of the city. The Captain of H.M.8. Flora is trying to get the missionaries, who are safe, sent on boar his ship."
At Changsha 100 rebels, belonging to the 'Small Knife society were captured and summarily beheaded.
The Viceroy secured the assistance of the Hupeh troops in the area of the military manoeuvres and three battalions of the Nanking division were alse dispatched to the scene.
A. Shim, Taotai surnamed Chan, had imported Anking, with the object of capturing the city a large number of military uniforms into during the Autama Manoeuvres. The design, however, having been betrayed to the authori ties, he was arrested in a lodging house, together with two accomplices. The arrested men have disclosed the names of many more conspirators.
THE KING OF SIAM'S EVENTFUL REIGN.
The foundation stone of the New Throne Hall, Bangkok, was laid by His Majesty, the King of Siam, on the 11th instant, in connection with the record reign celebrations in Siam.
In reply to an address presented by the Crown Prince, His Majesty mid that the changes which have taken place during the last forty years in Siam are such as even five hundred years of our previous national existence could not have accompanied. It makes us especially happy to think that it is we who have occupied the throne throughout these forty eventful years. and have enabled our beloved country to be guided in the path of administrative improvement and national prosperity along the line of a single and con- tinuous policy, which has not swerved or re- trogressed nor had its steady course been checked of turned aside by any circumstance, down to the present day, with the result, he testified by you all, that our country and nation have attained the state of advancement and prosperity which is so evident. These results are, indeed, to us - a source of deep gratification.
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