We took occasion, some weeks ago, to comment on an incident arising out of a late collision case at Tientsin, when the Commissioner of Customs sought to sit, in a Mixed Court, as representative of the Taotai, A correspondent objects to our criticism, without, however, bringing forward any now feature, The case is a very simple one, Art. XXVIII. of the U. Treaty. provides that controversies between citizens of the United States and subjects of Chiina, "shall be examined and'decided conformably to justice and equity by the public officers of the two nations, acting in conjunction;" A Commissioner of Customs ig' nota public officer of China in the sense here implied. He is an employe of the Chinese Government, or of Mr.
Hart, as the case may be, but he is not a Chinese official; and there can be no question: that whit the treaty means American officials and Chit officials, It is not suggested that any particular harm: could have ensued to either party in the present case, from Mr. presence on the bench. The one: of principle; and we consider Mr. Sheppard was entirely right in the course he took, If the case should come before the Miniators, as "A, B. ©." sug: imagine, they will know how to reply; but we-do not-think the Chinese are so anxious in the matter.. It is rumoured, indeed; that the Taotai at once acquiesced in Mr. Shop-pard's objection, when stated before the trial;-and that Mr. Twinom's persistence in open' Court was: of his own motion. Unless, then, itis urged on by the members of the service on whose behalf our correspondent disclaims a desire to arrogate mandarin al: functions, we feel pretty sure we asliall hear no: more of the matter.
This however is not to say that we rely greatly on our correspondent's disclaimer. On the contrary, it would be consistent with: the spirit' which has inspired Mr. Harl's'policy, to push the question before the Ministers; and he seems to have found' in Mr. Twinem a gentleman willing to supply him with the needfal- dots. We are told that the rather painful scone which occurred in the Shantung collision case, was repeated on the occasion more recent enquiry into a collision by the Chihli, and that all the firmness of the Court was evoked by the occasion, If we could seo that the Chinese could be got to employ foreigners as permanent judges in Mixed Court cases, we would be glad to help along. so desirable a result; but we see nothing in the present case which points that way; and we repeat the opinion we previously expressed, that Mr. Sheppard is perfectly right in refusing to recognise any attempt by Foreigners in the Chinese Customs service to stand between Foreign and Chinese Officials in the adjustment of international affairs.
Text read from the printed page and cleaned; old type leaves the occasional error.