24th May.
Ir is universally recognised in the north that Mr. Tang, the Customs Taotai at Tientsin, is a very able and energetic official, and a capital ad-jurant to the enlightened and en eric Viceroy, H. E. Yuan Shih-kai. jut he has, as most men have, the defects of his qualities, and the prominent defect in his case is excess of zeal, which nearly resulted in his activity being suspended in 1900 by Captain Bayly of H. M. S. Aurora, We learn from the "Peking and Tientsin Times" of the 19th instant that a means has occurred to Mr. Tang of reducing the number cases in which foreigners are directly or indirectly the plaintiffs and Chinese the defendants in the magistrate's yamen at Tientsin. There is no Mixed Court at Tientsin, and the trade there has increased so much that an institution of the kind is very much wanted, Meanwhile, Mr. Tang's remedy for the litigation which congests the magistrate's yamen owing to the absence of a Mixed Court is: formulated in the following circular notification sent by Tang Taotai to the Consular Body at Tientsin a few days ago "The following communication has been received by the Customs' Tuotai from the magistrate of Tientsin and forwarded to the Consuls, "The Foreign Concessions at Tientsin are not only increased in number, but the territory is greatly enlarged, and fore residents of all nationalities "re residing here in much greater numbers than ever before. The district of Tientsin is also) much poorer than before the Boxer troubles. The business is reduced and the resources of the district magistrate are less, 'There are moreover getting to be great number of cases brought by foreign residents sgaiust Chinese for breach of contract, in which foreigners have suffered loss' and delay to their business by failure of their Chinese agents to carry out contracts.
Tu investigating these cases there are frequently counterclaims made by the Chinese, and foreigners cannot come to the yauién to represent their side of the case. It is very difficult therefore for the magistrate to ascertain real facts and to! decide in equity.
"The Chinese too are generally poor and unable to pay, so that it is not easy for the strate to bring cases to a final settlement.
"These lawsuits are frequently the parents of others, so that a great number are accumulating on the docket. The district magistrate represents to H.E., that in his opinion one cause leading to these lawsuits is that the Chinese who enter into these contracts do not understand the foreign languages and are misled by the Another cause is that the contractore are generally poor men, without capital, and being bound by the terms of the contract to do a certain amount of work, before payment will be made by the foreigners, they have to-find parties who will fnance thems "They are often unable to do this, and having delayed the work, and not being able to carry out their contracts they run away, hence warrants are taken out by the foreigners, who have depended upon them.
"In order therefore to prevent. these misunderstandings and to enable the strate to clear his docket, he respectfully suggests that in future in the case of contracts entered into between foreigners and Chinese, a regulation be made that such contracts be not only executed and stamped by the foreign Consuls, but that certified copies in Chinese and English be filed with some Chinese official to be designated by H. E.
"Tu cases arising under such contracts there will then be evidence on file which will enable the judge to decide in equity.
"Tu accordance with the foregoing representations, the Customs Taotai has ordered the district magistrate of Tientsin to issue and post a proclamation notifying all Chinese who wish to enter into contracts with foreigners that they must file copies as above suggested at the yamen of the district magistrate, "All the Consular representatives of foreign countries in Tientsin are hereby notified of this action, and respectfully requested to make it known to the business firms and all parties who may be interested among their respective nationals."
Our contemporary does not tell us how this notification was received by the Consular Body, but to the lay mind it cannot but appear to be one of the most vicious and impossible notifications ever issued, It is quite consonant with the character of the active Chinese official to want to interfere in commercial matters, especially where he can scent fees and it is not likely that he would file the proposed documents gratuitously. The foreign and the Chinese contractor are alike perfectly able to take care of themselves, and the statement by the poor Chinese contractor that he has been the victim of his ignorance of the foreigner's language, or has been misled by middlemen, will not commend itself to anyone who has made a practical study of the species. To force the foreign contractor take every contract he makes to his Consul to be stamped, and to hand in a certified copy in English and Chinese to a Chivese official, is impossible from every point of view; and if Mr. Tang has really "ordered the district magistrate of Tientsin to issue and post a proclamation notifying all Chines" who wish to enter into contracts with foreigners that they must file copies as above suggested at the yamen of the district magistrate," it is to be hoped that the Consular Body there has brought him up with around turn, Mr. Tang is surely enlightened enough to know that no such interference with trade is contemplated in or permitted by the Treaties; and its inquisitorial nature would. condemn it at once if there were no other objections to it. Mr. long may possibly he innocent of any intention to acquire immediate information of all transactions between Chinese and foreigners but the carrying out of his proposal would enable him to do it if he wanted to. The last paragraph of his notification to the Consular Body "All the Consular representatives of foreign countries in Tientsin are hereby notified of this action, and respectfully requested to make it known to the business firms, and all parties who may be interested among their respective nationals," shows that Mr. Tang has " very inordinate idea of his own importance. He quietly issues what is practically an addition to the treaties without even consulting the representatives of the Treaty Powers, We have treated this notification more seriously that it might be thought to deserve, because if not repudiated at once, it might be, used as a precedent at other ports. Mr. Tang is in commercial matters the mouthpiece of H.E.. Yuaa Shih-kai, and that Viceroy is one, of the most powerful officials in the empire. In matters of this kind it is understood that Customs Taotais consult with foreign Commissioners of Customs at their ports. Is it possible that this notification was submitted to Mr. Detring before publication
Text read from the printed page and cleaned; old type leaves the occasional error.