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for sale at cost price, and the poor smokers should be given them without charge. The gentry and merchants may be allowed to prepare their own pills, the prescription being distributed free. Anyone who can afford to prepare such pills and cure smokers by distributing them freely will be rewarded with honors by the local officials.
7. Encouragement of antiopium societies.-Lately, there are philanthropists who are organizing, with the assistance of sympathizers, antiopium societies, which is really very praiseworthy. The Tartar generals, viceroys, and governors should instruct the local officials to combine with the upright gentry and merchants in organizing extensively such societies in the hope of effecting a speedy change of the habit. But they should only be allowed to discuss matters in connection with antiopium, but not government affairs or other things.
8. Responsibility of local officials.—The regulations can only be enforced by the earnest efforts of the gentry under the direction of the local officials. The Tartar generals, viceroys, and governors should look into the matter attentively, compare at the end of each year whether the smokers are reduced, whether antiopium pills are prepared and antiopium societies being organized or not, and same must be reported to the council of government reforms for reference. In Peking, the district police officers, the general commandant of the gendarmerie, and the governor of Shuntien will be held responsible for the enforcement of these regulations. In any district in which there is not a single smoker before the end of ten years, the local officials may be recommended for reward. In all the above occasions the official writers and yamen runners should not be allowed to exercise the slightest extortion, and any offender in this way will be strictly punished as being guilty of fraudulence.
9. To strictly prohibit oficials from smoking.-The limit of ten years is for the common people. In regard to officials, who are the examples of the people, if they are indulging in opium smoking, how can they take the lead in reform? Now, for the execution of this order, the officials should first be dealt with, for whom the limit must be short and the punishment severe. In future all officials, metropolitan and provincial, civil and military, high and low, above the age of 60, who can not afford to leave off the practice, will be treated leniently, but princes, dukes, hereditary nobles, presidents of the boards, Tartar generals, viceroys, governors, lieutenant-generals, deputy-generals, and povincial generals, who are all deeply favored by imperial grace and holding high positions, should not be screened, but reported if smoking. During the time allowed for curing the habit officials will be appointed only acting to their posts, and will be permitted to resume their offices when their relinquishment of the vice is proved to be true. They should in no case continue the practice under pretext of sickness or other excuse, which will bring disgrace upon themselves. All other official smokers must quit smoking within six months under supervision of superiors, and when cured they should be examined and guaranteed. If on account of sickness anyone can not leave off the habit, he will be deprived of his hereditary rank which he is holding and it will be given to another member of the family; if an oflicial, he will be ordered to resign. If opium is smoked secretly by any official, when proved or denounced he will be recommended for dismissal as a warning for deception, and his superior will also be punished for negligence of discovery. The instructors, students, and members of the army and navy must all overcome the practice within six months.
10. To negotiate the prohibition of the import of foreign opium.—To prohibit the cultivation of poppy and the smoking of the drug are steps necessary to be taken as domestic precautions by the Government, while the foreign opium being imported from foreign countries involves international communication. It is requested that the Waiwupu be ordered to negotiate and stipulate for some arrangement with the British minister in the hope that both foreign and native opium may be alike reduced in quantity each year and entirely done away with at the time stipulated. In addition to Indian opium, there is also the Persian, Annam, and that of Dutch colonies imported to China in a considerable quantity. If the country from which the opium is imported has entered into treaty obligation, China may approach its minister for negotiation, and if the country has not entered into treaty China may exercise her sovereignty by strictly prohibiting the import of same. The tartar generals, viceroys, and governors should instruct their subordinates and the commissioners of customs to effect strict inspection along the coast at the frontiers against smuggling of opium into the country. Again, the morphia, and its syringe with which injections are made, is most injurious China should call attention to the eleventh clause of the commercial treaty with Great Britain and the sixteenth clause of the
treaty with the United States of America, and issue instructions to the customs that unless the said articles are intended for medical use their import to China is totally prohibited. The shops in China, irrespective of Chinese or foreigners, should not be allowed to prepare morphia or make syringes, so that China may be free from all such evils.
The people should be thoroughly notified of the above regulations in the form of proclamation posted in the villages, towns, and cities by the local officials under strict supervision of the tartar generals, viceroys, and governors, and who must see that these regulations are actually carried out.
REVISION OF THE RULES OF THE MIXED COURT AT SHANGHAI,
AND RESULTING RIOTS.
The Acting Secretary of State to Minister Conger. No. 382.]
DEPARTMENT OF STATE,
Washington, September 23, 1901. Sir: I have to acknowledge the receipt of Mr. Squier's dispatch, No. 674, of July 22 last,a inclosing a copy of correspondence regarding a proposed revision of the code of rules for the mixed court at Shanghai, and reporting that he has requested the United States consul-general at Shanghai to confer with his British and German colleagues with the view of drafting a revised code for submission to the diplomatic body.
In reply I have to say that the department would be glad to examine the proposed code after it has been agreed upon by the consuls. I am, sir, etc.,
DAVID J. HILL,
Minister Conger to the Secretary of State.
Peking, China, March 17, 1902. Sir: Referring to department's instruction No. 382 of September 23, 1901, I have the honor to inclose herewith a copy of the amendments to the rules of the mixed court at Shanghai, as agreed upon by all the members of the consular body except His British Majesty's consul-general, Mr. Warren, who was absent from the meeting at which they were considered on account of indisposition.
I inclose also Consul-General Goodnow's dispatch transmitting the above.
Should these amendments meet the approval of the department, I respect fully request to be notified of the fact at an early date. I have the honor, etc.,
E. H. CONGER.
SUGGESTED AMENDMENTS TO THE MIXED COURT BULES.
1. (a) The mixed court of Shanghai shall keep a regular docket in Chinese and English of all civil actions and proceedings, entering each case separately,
numbering it consecutively, with the date of filing, the names of the parties in full, their nationality, the thing claimed, with minutes and dates of all orders, decrees, continuances, appeals, and proceedings until final judgment, and a sufficient minute of the final judgment.
(b) Another regular docket shall be kept for all criminal cases, with similar minutes.
(c) Such docket shall be open at all times for inspection by parties interested.
2. All trials and proceedings in the mixed court of Shanghai shall be open to the public, unless the assessor and Chinese judge agree that for public morals the case should be heard in private.
3. The Chinese judge of the mixed court in Shanghai shall be a substantive subprefect, and authorized to try all cases against Chinese in the foreign settlements north of the Yang-king-pang.
4. (a) A foreign assessor, as agreed upon by the consular body of Shanghai, and subject to the treaty rights of each nationality of foreigners, shall sit with the Chinese judge in every case.
(b) When the Chinese judge and the foreign assessor shall agree as to the judgment in any case involving less than 1,000 taels or six months' imprisonment, their joint judgment shall be final. Should they not agree in any case, then no decision in that case shall be rendered by them, and the case shall be referred to the taotai and the consul concerned. Where any case involves over 1,000 taels, or to exceed six months' imprisonment is given, either party may appeal to the taotai and consul concerned. Should the taotai and the consul concerned agree in any case, their joint decision in such case shall be final. Should they disagree, the case shall be sent to the viceroy at Nanking and the consul concerned on the record.
5. The mixed court jail shall be subject to the sanitary regulations and the supervision of the head authorities of the municipality north of the Yang. king-pang.
6. All warrants of the mixed court against Chinese in the foreign settlement north of the Yang-king-pang shall not be enforced unless countersigned by the senior consul of the consular body at Shanghai. If the defendant is in the employ of a foreigner, such warrant must be countersigned by the consul of the nationality of the employer of the defendant.
7. Should the attorney in any case be adjudged by the Chinese assessor sitting in that case to be guilty of any contempt committed in their presence or of any refusal to obey their lawful summons or order, he may be suspended by them from practice in that court for a period not exceeding one month or, with the consent of the consul of the nationality of the attorney concerned, for not to exceed six months.
8. In cases involving principles where no precedents exist in Chinese law, the mixed court shall be governed by commercial customs and equity.
9. All parts of the present rules and regulations for the mixed court of Shanghai, not in conflict with these amendments, are hereby continued in full force.
Mr. Goodnow to Mr. Conger.
CONSULATE-GENERAL OF THE UNITED STATES OF AMERICA,
Shanghai, February 25, 1902. SIR: I hand you herewith a copy of the amendments to the rules of the mixed court of the foreign settlements north of the Yang-king-pang, as drawn by Doctor Knappe (German consul-general) and myself, and as agreed to by all the members of the consular body at Shanghai, except Mr. Warren, who was absent from the meeting on account of indisposition.
The matter has been thoroughly discussed by all the consuls and they instructed me as senior consul to send it to the doyen of the diplomatic corps, as considered by them to be suitable for adoption and its adoption recommended.
These amendments cover all that I think is desirable at the present time to ask, and I would recommend that in the interests of American trade you urge the consent of the Chinese Government to them.
I note your 1334 and the inclosure from Sir Ernest Satow where he quotes Sir James Mackaye as saying: “ When this is done I have little doubt that I
shall be able to put something before Sheng which shall have the support of the consular body here." You see by this that Sir James Mackaye still contends for the point to which all the consuls object; viz, that he, as representing one nation, shall treat with the Chinese authorities as to the rule of this court, which represents all nations vis-a-vis the Chinese.
The consular body (with the exception of Mr. Warren, who, of course, can take no part in the discussion) are unanimously opposed to that assumption. As a consequence, Dr. Knappe and myself, to be consistent, have consulted with the entire consular body instead of sending up recommendations solely to our own ministers as was at first contemplated. The feeling in the matter is very strong. This is a cosmopolitan city, under the direction of all the nations, and, we think, great ca re should be taken to keep it so. We therefore think, and I hope for your approval of this, that the matter should be taken up by the diplomatic body with the Chinese. I am, sir, etc.,
(Signed) JOHN GOODNOW, Consul-General.
The Secretary of State to Minister Conger.
DEPARTMENT OF STATE,
Washington, April 15, 1902. (The minister is informed that the department approves the proposed amendments of the Shanghai mixed court rules sent him by Consul-General Goodnow, and he is instructed to urge the adoption of them.)
The Secretary of State to Minister Conger. No. 518.]
DEPARTMENT OF STATE,
Washington, May 14, 1902. Sir: I have to acknowledge the receipt of your dispatch No. 938, of March 7 last, inclosing a copy of the amendments to the rules of the mixed court at Shanghai, as agreed upon by all the members of the consular body except the British consul-general, who, on account of sickness, was absent from the meeting at which they were considered.
The department's telegram of April 15, confirmed in instruction of April 17, informed you that the department approves the proposed amendments, and directed you to urge their adoption. I am, sir, etc.,
Minister Conger to the Secretary of State.
Peking, China, December 29, 1904. Sir: Referring to my dispatch No. 938 of March 7, 1902, and department instruction No. 518 of May 14, 1902, concerning amendments to the rules governing the mixed court at Shanghai, I have to
report that the representatives of all the powers, except the French and the Mexican (who says he has no objections but can not join), have sent the proposed amendments, with a joint note, to the Chinese Government requesting their agreement thereto.
I inclose a copy of this note, and will report further on receipt of their reply. I have the honor, etc.,
E. H. CONGER.
Joint note of the ministers to the Prince of Ch'ing in re rules of mired court at
PEKING, December 22, 1904. The undersigned have the honor to address His Highness Prince Ch’ing, president of the council of foreign affairs, on the subject of the rules of the mixed court at Shanghai.
These rules were adopted in 1868 after consideration by the foreign representatives and the Tsungli yamen. Since that time the labors of the court have shown a constant tendency to increase, and their tendency have been especially noticeable since the extension, in 1898, of the foreign concessions, which has brought a much larger number of people within the jurisdiction of the court.
As the revision of the rules has consequently become a question of urgent necessity, the foreign consuls have not failed to take them under consideration, and have proposed amendments which they have transmitted to the undersigned, who, after prolonged deliberation, have the honor to communicate them to your highness. They beg your highness to have the kindness to examine them and to signify your approval, so that they may be published in the ordinary method, and put into operation within a short period of time.
The undersigned have the honor to renew to your highness the assurance of their highest consideration.
SUGGESTED AMENDMENTS TO MIXED COURT RULES.
[Alterations and additions by the committee are in italics.]
1. (a) The mixed court of Shanghai shall keep a regular docket in Chinese of all civil actions and proceedings, entering each case separately, numbering it consecutively, with the date of filing, the names of the parties in full, their nationality, the thing claimed, with the minutes and date of all orders, decrees, continuances, appeals, and proceedings until final judgment, and a sufficient minute of the final judgment.
(6) Another regular docket, in Chinese, shall be kept for all criminal cases, with similar minutes.
(c) Such docket shall be open at all times for inspection by parties materially interested.
2. All trials and proceedings in the mixed court of Shanghai shall be open to the public, unless the assessor and judge agree that, for public morals, the case should be private.
3. The Chinese judge of the mixed court of Shanghai shall be a substantative subprefect, and authorized to try all cases against Chinese, no matter of what rank, in the foreign settlements north of the Yang-king-pang. There shall be attached to the court one or more assistant magistrates of the rank of, at least, expectant subprefect, whose appointment and removal shall rest with the tuotai, and who shall try such cases as may be assigned to him by the magistrate.
4. (a) A foreign assessor, as agreed upon by the consular body of Shanghai, and subject to the treaty rights of each nationality of foreigners, shall sit with the Chinese judge in every case not purely Chinese.