A salutary dread of the immediate consequences of violence offered to British subjects, the certainty of its creating greater trouble and danger to the native authorities personally than even the most vigorous efforts to protect the foreigner and seize their assailants will entail, seems to be the best and only protection in this country for Englishmen. When the Chinese authorities of all ranks, from the viceroy at Nanking to the lowest police runners, are thoroughly imbued with this feeling, it will not only rouse them to greater energy but find its way to the populace by certain steps, and render such exertion unnecessary, and the nationality of an Englishman will become his safeguard. Hence the impolicy, not to say impossibility, of treating instances of personal outrage such as that of Tsingpu as police cases, and leaving redress to the ordinary administration of Chinese laws. Where justice exists only nominally, and her image should be represented not only blind but deaf, deplorable consequences would result from such a course. There seems to be a democratic spirit among the Chinese which renders the authorities especially averse to risk collision with the populace or any popular feeling. The Chih-hsien is himself exposed to insult and violence if he attempt to enforce the collection of the taxes in a bad season, and but lately he was besieged here in his own yamên. Not ten days ago the Taotai paid 1600 taels of silver to secure a piece of building-ground at the urgent demand of the French consul, rather than exert his authority to compel the owners to take the fair value of $400 offered, and upon the posts put up to mark the boundaries these parties did not hesitate to prohibit its appropriation. The principal check upon the people, and safeguard for the authorities in cases of popular disturbance, seems to be the conviction under which every Chinese quails, of the terrible vengeance that may pursue them and their families, the tumult once over, if they should have been marked or recognised. In proportion as the magistrate is helpless before numbers, is his power large of wreaking summary and vengeful punishment upon each of the individuals that may form the mob, once separated from each other.
Considerations such as these necessarily influence her Majesty's consul on the spot, who each day has under his eyes these significant details, national and administrative. Where danger threatens to involve the persons or the property of British subjects, his sole direct resource is to fall back upon the treaty, and to cover with the ægis of national inviolability individual interests. By any other course he falls inevitably into the hopeless condition of one waiting for such redress as the common course of justice in China usually affords, where everything assuming its form is venal and arbitrary.
The result of all efforts made to secure the apprehension of thieves or the recovery of property stolen from foreigners is conclusive as to the kind of security to be obtained for British subjects where infractions are dealt with as affairs of police in which justice is to take its ordinary course. In scarcely one instance has any redress been obtained since the port was opened. If thieves are overtaken, it is only that they may disgorge their booty for the benefit of the police sent after them, and the larger the amount the less chance is there of either apprehension or restitution. Witness Mr Hubertson's robbery, where his servant went off with nearly $10,000 in gold and silver, and he was promptly traced and pursued.
Then in reference to the standing orders that, in case of difficulty arising, reference shall invariably be made to her Majesty's plenipotentiary for instructions. Instances have been very numerous showing the nullity of any means of action on the local authorities here through the Imperial Commissioner at Canton, not only in these matters, but in those treated on higher grounds, and affecting our political position. Last year (1847) not only a list of cases where no satisfactory exertion had been made to obtain redress for property stolen was forwarded, but the consul urged upon Sir John Davis, her Majesty's plenipotentiary at the time, the urgent necessity for the removal of the then acting magistrate at Shanghai, who had openly reviled a consulate servant for taking the service of the barbarians, and dismissed him without redress. The only answer to be obtained from his Excellency Kiying was to the effect that the Chih-hsien, as a territorial officer, was not under his jurisdiction. Fortunately he was removed very shortly for misconduct in the management of Chinese affairs,—for however injurious his proceedings to the British, it was obvious neither redress nor assistance was to be obtained from Canton and the Imperial Commissioner.
The paramount necessity of protecting its subjects in distant countries is of course well understood by her Majesty's Government, and in an oriental State this can only be effected by letting it be known and felt that whoever attacks one of the solitary subjects will be held to have attacked the sovereign and the nation. By this policy a firman, far more potent than the Grand Seignior's in his own territory, is given to every Englishman abroad, ensuring his freedom from injury all over the world.
The treaty viewed in this light becomes a real and efficient bulwark against encroachments, and without such safeguard, with Chinese management, it would at no distant period in all its most important provisions become null and void. No doubt inconvenience results from the necessity of treating casualties of collision between subjects of different countries as infractions of a solemn treaty; but the oriental, and in some respects very peculiar, character of the Chinese, and our relations with them, must be borne in mind, and the lesser of two evils chosen with such discretion and judgment as the circumstances imperatively demand.
At a distant and isolated port like Shanghai, where a brig of war is by no means permanently stationed, the consul is left to his own resources, separated by an interval of many weeks from the assistance of her Majesty's plenipotentiary. When difficulties and emergencies supervene, it is only by prompt demands for redress, and firm resistance to any virtual negation of the rights and privileges guaranteed by treaty, that he can hope successfully to defend the very important interests confided to his charge.
As regards the practicability and expediency of verifying the punishments of any Chinese offender by the presence of a British officer when a sentence is carried into execution, the instruction received could only have been partially applicable to the Tsingpu offenders had it been earlier received, for the most serious punishment was banishment to a penal settlement in Tartary.
But the whole subject is one of peculiar difficulty, nor can any hope be entertained of submitting in this place a satisfactory solution. It has long been felt that of all the provisions of the two treaties, that which provided for the due administration of the laws on Chinese offenders was the most nugatory. The chief difficulty consists in a British officer being present at all during a trial in a Chinese court, assuming the right were to be granted by treaty. Where the ordinary mode of questioning is by torture, a process utterly repugnant to our notions of justice and our sense of what is due to humanity and truth, are we by our presence to sanction and be made parties to such proceedings? Or are we to interfere and insist upon justice being administered not according to their usages, but ours? The objection to both courses seems equally valid, and yet without the presence of an efficient officer there is no guarantee whatever for the due administration of justice.
As regards the presence of an officer at punishments, unless he is in a position to identify the criminal, which must often from the circumstances of the case be impossible, it may be questioned whether our national character is not in danger of being compromised without the real object of such risk being attained. Nothing could more effectually tend to lower us in the opinion of the Chinese than to be imposed upon by the jugglery of a substituted criminal, or the punishment of an innocent man at our instigation, or even the illegal and excessive punishment of a real offender. Yet to all these we are exposed when we take upon ourselves to watch the course of justice and verify the execution of the sentences. It may finally be observed that there are punishments recognised in the Chinese code revolting for their brutality, which an English officer could scarcely sanction with his presence without discredit to our national feeling. A lesser objection exists in the frequency of minor punishments for theft and petty misdemeanours, so that an interpreter would be required for this duty alone.