Thave the honour to inform you tat quence of a heat loade! with cotto.
ing hastily the Chinese Likin Station of
officer in charge of the said station, Cha"-chu-the North, t escape payment of duties, the dered 3 runners to go in its pursuit.
ing to the limits of the new Concessio and seeing that the cotton was being trans. ferred into a cart, he ordered his men to proceed with the necessary search; it was on the occa-ion that, the Treaties being violate}, they were imprisoned, and taken by the police to the Municipal gi, On that subject I requested you to give orders for the release of the said officer Chan, and you answered that he had been released on the Ist April. The said Chan now informs me that only 4 days after his arrest the Municipal Police released him under bail, Taking knowledge of such a fact I was quite surprised, as the Anglo-Chinese Treaty signed at Tientsin in its Art. XLVI states that—The Chinese authorities at each post shall adopt the measure they may judge most proper to prevent the revenue suffering from frau! or smuggling.
Bosidles that inthe Chefoo Convention is determined that Foreign goods are excepted from Likin within the limits of the Forei Settlement f-om which it is obvious that native goods and opium are notiucluded inthe articles of exemption.
payment of duties, ie one of the pi Now it happens that cotton that ative goods and thereby th proceedings of the oticer Chan in. pursti the said cotton y and proceeding with (he necessary search was, regular according to Treaties as Likin employees can adopt convenient mosures 80 that it be prevented that the Likin be defrauded.
How could then the Municipal Police violate the said articles of Treaties and arrest ing his duty and besides compel him to bring bail for Tls. 1,000 I therefore request. you to be kind enough and recommend to the Municipal Police that they return the Tis 1,000 and release, as econ as possible, the three runners who are still in prison, and as well duly punish the police-n who violated the articles of Treaty 1a arresting the fiscal employees of the Chinese government. oth cessary dispatch dated, April 12h, Seal of Vu, Teo-tai.
In accordance with the above the re-mining prisoners have been brought again before the Court and released upon bail.
Tenwre of Bait at the Mixed Court.—In reference to the incident referred to in the preceding Minute, the following correspondence is published with a view to the ventilation of the point therein raised.
The Mixed Court Magistrate on the 3rd July applied for the prisoners' release and the matter was referred to the U.S, Consul-General, whose assessor was sitting on the occasion of the first trial. Mr. Goodnow replied as follows S, Consulate-General, Shanghai, China, July 3rd, 1900.
Dear Mr. Bland.—No settlement has been made of the case which has gone to the Viceroy. 1 know of no reason why we should weaken the c-se by discharging the runners and returning the bail, the two things go together.
Yours truly, J. Goovxow.
When the case came up for settlement on the 10th July the bail, the amount of which did not transpire, was retained by the Assessor, Council Room, Shanghai, 13th July, 1900, Dear Mr, Goodnow.—With reference to the runners case, and to the conversation which I had with you on the subject two days age, may I enquire, for the information of the Council, your decision in the matter of the bail given for the release of the runner The Council at yesterday's meeting expressed the hope that you would seo your way to having this bail deposite! with the first amount paid in this case, pending final settlement thereof.
Yours truly, 3.0. P. Brasp, Secretary.
"ansulate-General, China, 16th July, 1900.
Replying to your letter of the 13th instant, I will consult my colleagues as to what should be dono in the matter of bail xt the Mixed Court. Inoto that in the French Mixed Court all bail is deposited with the Assessor.
Thave the honour to be, Your obedient servant, Coueul-General U.S.A., Shanghisi, J. 0. P. Bras, Secretary, Municipal Council, Shanghai, Counsil Room, Shanghai, 2ist July, 1900.
Sin,—I have to acknowledge receipt. of your letter of the 16th inst. informing the Council of your intention to consult your colleagues upon the question of the retention by your Assessor at the Mixed Court of the sum received as nominal bail in the o-se of the Lekin runners recently discharged from custody, Noting the fact that a meeting of the Consular Body has taken place since the date of your letter under reply and in the absence of further commu ication from you, it lus been decided to address you officially in this mutter and, while placing the views of the Council on record, tu request that you may be good enough to state the reasons which have Ted you to this modification of long-established and recognised procedure in local adininistration.
The Council's objections to the proposed innovation, as already verbally communicated to you, are as follows 1.—Phat the Council being a permanent body, its responsibility to the Consular asses-such matters as the eu todysof bail, is continuous; it is unnecessary, on the other Land, to dwell onthe confusion, inconvenience, and possible drawbacks which must, inevitably arise if the procedure adopted in the present case were taken as a precedent, 2.—Kail represents the sum of money deposited for release of prisoners pending settlement of the cases; failing its payment the prisoners are held by the Council 5 it is therefore reasonable and proper that the bail should be held by the same authority. It was on an understanding to this effect
Text read from the printed page and cleaned; old type leaves the occasional error.
