IN an earlier chapter, I said that the history of Shanghai formed
one of the backgrounds to my life in China. Here to begin
with is a little picture of its origin:—
The Genesis of Shanghai was this wise:
Long ago Duke Yü
said to Wang, let there be land. And there was land; for
Wang built a great stone wall in the shallow waters of what is
now called Hangchow Bay and connected it to dykes of mud and
reeds on the sand banks. So he controlled the movement of
the waters and bent nature to his will; the tall reeds on the
islands and the islets grew and spread, and the incoming and
outgoing tides bringing their load of silt, dropped it among their
roots — silt from the Himalayan plateau carried by the Yangtsze
river. Thus islands formed and grew and merged one with
the other, so that there were only creeks between. But still they covered at highwater springs, until seaward from the
mainland there came farmers who dyked the creeks and sowed
their crops in the rich fertile soil; and these farmers bred and
spread, and in the course of time made dry land of that great
area which lay between the wall and where Chinkiang now
stands. Thus was the sea changed to land, except for the
Tahu lake which stays a remnant of the former state. And
here and there, where rivers met, cities sprang up — Soochow,
Shanghai, Hangchow and many others. All this was brought
about by that great stone wall that, as legend has it, Wang
built long before the siege of Troy.
The building of that wall was no small matter, for in the
bay the water of the tide, as it flowed in, fell over itself and
formed one long rushing travelling wave, which, when the sun
and moon pulled together, had a height of nearly twenty feet
and a speed of many miles an hour; thus the wall had to stand
the pressure of that swirling mass, and so its stones were
dovetailed.
That, with a great wealth of detail, I gathered — by means of
a translator — from a set of rare old Chinese volumes, The Annals
of Soochow,(1) which at one time I possessed. It throws some
light on how the Great Plain of China, formed by the Yellow
river, grew until it reached its monstrous size. It throws
some light on how the ancient Chinese valley-dwellers spread
and bred on that highly fertile plain until their total in the
plains and valleys reached four hundred million souls.
1 — Whether the Yü named in these Annals was the Great Yü may well be
questioned. Dr. Morse, to whom this chapter has been referred, merely
says: The Great Yü functioned over 4000 years ago (2280-2205 B.C.).
The Hangchow bore was mentioned early in the fifth century B.C. An old
sea wall was rebuilt A.D. 713. The present wall dates from A.D. 910.'
Now of those cities that sprang up in the plain that Wang
made, Shanghai was comparatively unimportant. It was unimportant until the British Fleet sailed up the Yangtsze river
to find a place of trade.
That was in 1842.(2) And then
commenced a curious piece of history, epochal in the future
story of the world. For by that choice Shanghai was destined,
in years still yet to come, to be the greatest port in all the world;
and to be a pivot on which world politics will move. It was
not made. It grew. It was organic in itself and a sport at
that — unique, like nothing else on earth.
2 — I am, however, informed by Sir John Pratt that according to his researches the native trade of Shanghai at that date was very great, far greater
than that of Canton, and with a tonnage comparable to that of the Port of
London. This is a revolutionary piece of information for us who thought
we knew something of our modern Chinese history.
In the early days of our intercourse with China we were
greatly affected by the glamour of the empire. The Chinese
were barbarians to us, of course (as we were to them), but
what magnificent barbarians — if not in general, in some
particulars. China was judged partly by the tales that Marco
Polo told of the wonders of the Court at Kambulu; and the
story of the invasions by Genghis Khan and Kublai Khan
was known better than it is to-day.(3)
3 — Regarding this Dr. Morse writes: ` China was judged less from
Marco Polo (thirteenth to fourteenth centuries) than from the Lettres
Edifiantes et Curieuses of the Roman Catholic missionaries of the seventeenth
and eighteenth centuries, and G. L. Staunton and H. Ellis writing for the
English public in 1793 and 1816. The two last were in particular much
impressed by the high degree of civilisation of the Chinese. The British
officials who were chiefly impressed by the power of the Chinese Empire
and desired to treat it with great consideration were those in Downing
Street. When one of the governing class (Lord Napier, Sir John Davis,
Sir John Bowring, Sir Geo. Bonham, Lord Elgin, etc.) arrived in China he
at once saw and wrote that nothing but armed force would obtain any
concessions from the Chinese, and that two or three fifty-gun frigates would
be enough.
' The supercargoes of the East India Company at Canton were in a difficult
position. They objected strongly to submission to derogatory conditions
which their directors in Leadenhall Street tended to require of them; but
having protested to the Company they carried out their orders loyally.'
Some of our officials mistook the insolence of the mandarins
for a mark of the greatness and the power that they represented.
We could of course make war upon the country to secure a
decent trade arrangement, and later to break down her diplomatic isolation — that lay quite clearly within the limits of the
code — but it was an era of exactitude in conduct, and between
war and no war there lay a gap of no alternative. And so we
taught the Chinese, who hitherto had only known of force
whichever way it worked — for them or against them — the idea
of sovereign rights.
As an example of punctiliousness, of the compunction to do
anything that was not strictly proper according to the code,
consider the situation at Shanghai when in 1854, during the
Taiping Rebellion, it was threatened with incursions by the
Imperial troops, who were investing the City proper. It just
happened that we were not at war with China at that moment.
The settlement was in very real danger of being overrun by
soldiers out of hand; but its soil pertained to Chinese sovereignty; how then could foreign troops be landed to protect our
interests? But of course this punctiliousness was of an
academic nature, and of course a means of circumventing it
was found by a legal fiction or — to use the modern language of
the League of Nations — a formula. That formula is worth the
reading; it was laid down by Mr. Alcock, the British Consul, —
with the French and American Consuls — at a meeting of Land
Renters in 1854, which was assembled for the first time under
a new Code of Municipal Regulations:—
' The necessity now pressing upon the community for the
immediate establishment of a Municipality in some form was
to be traced to the impossibility, by any exercise of consular
authority, of making permanent provision for the security of
the settlement without a municipal constitution. And on this
part of the subject he deemed it most important they should
have a perfect, clear and correct knowledge of all the facts;
and see the true bearing of the question at issue upon the
position of the community, the naval forces and the civil
authorities, both foreign and Chinese. To give that cosmopolite community legal status: an existence as a body
capable of taking legal action and of lending a legal sanction to
measures required for their defence, there must be some organization to take the form of a representative council with municipal powers and authority. The functions to be exercised on
their behalf by such Council were no longer those of a Road
and Jetty Committee, but involved the protection of life and
property from causes of national disturbance in the country
where they were located, from sources of disquiet and danger
within and without the settlement, where a large native
population bid fair to dispute possession with the foreigner
for every rood of ground within the limits. And one of the
first acts of such Municipality, or rather one of the first and
greatest benefits naturally flowing from its creation, would be
the legalization of the many measures hitherto forced by a stern
necessity upon the naval and civil authorities on the spot, but
which could not be justified on any principle of legality.'
The compunction in this matter existed not only with the
Consuls. The British and American Admirals held the view
that for them to take part in the protection of the settlement
would constitute an act of war for which no authority existed.
Thus Mr. Alcock further said:-
` Neither Great Britain nor the United States, nor France,
had undertaken by Treaty to protect their subjects ashore in
Chinese territory, nor could they, by Treaty, legally do so
without the assent of the Chinese Government. As a matter
of self-preservation, however, the Municipal Council could do
these things.' And then came the legal fiction that the Council,
having that right but not the power to exercise it, had ` every
moral right to call in anybody and everybody to help it.' It
was on those grounds that the navies took a hand.(1)
1 — Seamen from the men-of-war may have been reluctantly used to protect
the settlement before the utterance of Alcock's dictum, but I doubt it. The
speech was made on the 11th January 1854, and the ' Battle of Muddy Flat '
— the only considerable fighting that took place — occurred on the 3rd April
following.
That happened in 1854, when the settlement had existed
for twelve years. I propose to tell — very briefly — its story
from the beginning, and I made that jump to the time of the
Taiping Rebellion to indicate the medium, as it were, in which
the organism of the settlement had its growth. It was a
medium of official compunction as regards the means to meet
the needs of the community. Consequently from an early
date the residents learnt to rely upon themselves, to develop
their governance as best they could by local arrangement with
the Chinese mandarins; and in that endeavour the Consuls
as a rule identified themselves with the community. It was
the diplomats who, having made no provision in the treaty
for the government of a settlement, opposed the growth of
means to meet that lack.
[click] The Treaty of Nankin 1842.
[click] "The Opium War" explained by David C. Hulme
The Treaty of Nanking was signed in 1842. It opened
Shanghai and other ports to foreign trade and provided that
British subjects, with their families and establishments, shall
be allowed to reside, for the purpose of carrying on their
mercantile pursuits, without molestation or hindrance.' A
supplementary treaty signed the next year made brief provision
for the purchase or rent of ground and houses. There was no
word in either of the treaties as to the conditions under which
communities of foreigners were to live on Chinese soil. That
I think was inevitable. No one could foresee what the conditions of those communities would be; over the situation
hung the sanctity of sovereignty — that, in a peace condition,
must never be impugned; and, in effect, the policy adopted
was ` wait and see.' It must be remembered that even exterritoriality — freedom from Chinese jurisdiction — was not
included in the Nanking Treaty, though the principle was
already recognized. The Supplementary Treaty provided,
however, that regulations to govern the communities should
be drawn up jointly by the local Chinese officials and the
British Consuls; and it is important to note that no provision
was made for submitting such regulations either to the British
or the Chinese higher officials. I think that the framers of
the treaty knew that the solution of the problem of the governance of the settlements must be the result of a gradual give and
take and could not be — at all events at first — a subject for
diplomatic action.
The first regulations — named Land Regulations — appeared
in 1845. They defined the boundaries of the settlement, and
made provision for the construction of roads and jetties, a
Committee for the purpose being formed of ` three upright
merchants ' selected by the British Consul. All the power
under the regulations was centred in the latter, even in respect
of other foreign interests. That, of course, was an untenable
position, and British jurisdiction over foreigners in general
did not last for long.
The French had got their own settlement from the Chinese
in 1849, but for many years the French Consul was its only
occupant. The Americans did the opposite; they acquired
land and formed a colony in Hongkew in about 1848, and in
1861 organized a small police force of their own, but it was
not until 1863 that an American settlement was formally
arranged for; and immediately afterwards its residents voted
in favour of amalgamation with the English settlement, which
then took place.
For the first ten years the conditions in the settlement were
very primitive; Chinese authorities exercised full control over
all the Chinese there; and there was no organized police force
— either Chinese or foreign; though the regulations laid down
the right to hire watchmen.
We now come to 1854, to the time of the Taiping Rebellion,
when Alcock made that speech of his. So far there had been
no real municipality. There was the French settlement in
which the French Consul lived in solitary glory, and which later
had a history of its own; there was Hongkew, where some
Americans resided but without a formal settlement; and there
was the British settlement in which the British Consul,
assisted by the Committee of Roads and Jetties, reigned, except
that other Consuls governed their own nationals. Within that
settlement lived the whole community of whatever nationality,
and so the anomaly of a British domination grew and led to
difficulties, for example, about the use of ensigns other than
the British. In consequence the British Government decided
to give the settlement a status in which all had equal rights and
in which the special functions of the British Consul should
devolve on the Consuls as a whole.
In the details of this act the French and American Consuls
— there were no others at the time — collaborated, and then
were produced the Land Regulations of 1854. Now what
about that speech of Alcock? There is not a word in it to
show the reasons for internationalizing that are named above.
The reasons given are confined to that academic view of
legalizing armed defence on China's soil. There may well
have been a feeling of delicacy about referring, for example,
to that matter of the flags and cognate things; and the other
reason gave a better chance for rhetoric; but it was not eyewash. It was obviously considered a very serious affair, that
breach of China's sovereign rights in peace time, though it
makes curious reading nowadays. And so the Shanghai
municipality, carried in the womb of time for twenty years,
was born. It was a curious birth, brought about unconsciously
because it was ripe for happening, but consciously owing to the
fact that the joint parents — the three Consuls — were alarmed
at their responsibility in connection with the need for a breach
of China's sovereign rights. So they hatched their baby and
shifted their responsibility to it: they placed a crown upon
its head and rendered it obeisance.(1) In later years the successors of these Consuls repudiated the offspring of their
body; they tore the crown from off his head and made him
as subordinate as they could. But he never forgot the quasi-
royal birth he had and always hankered for his sceptre; and
being a lusty youth he fought for it and kicked against restraint
and subordination.
1 — But viewing this affair more historically and less picturesquely, one
sees that there may well have been other factors in the situation; and one
can feel confident that the principle concerned stood no chance of being
supported by the British Government for any length of time.
wbr>
Inaugurated with that great dignity of language by Mr.
Alcock the Municipal Council had to deal, when the Taiping
Rebellion was ended, with the condition of Chinese sovereignty
in the settlement. There were needs of government which the
Chinese could not meet; there were Chinese official acts
within the settlement that became beyond endurance; there
was the crying need for an organized police; so partly by
mutual agreement, partly by unnoticed evolution, and partly
by some pressure, there arrived in due course effective self-government by the Municipality. It succeeded, for example,
in suppressing the open functioning of the Chinese police within
the settlement, and that was by means of pressure to which the
Chinese yielded with reluctance. Dominating the situation
was the fact — unexpressed and perhaps not even thought of —
that, while there was antagonism between Chinese right and
needs of the community on which the Council's acts were based,
there was a very real community of interests between the two.
What was good for the settlements was good for China; what
was bad for China could not be good for the settlements.
That unstated principle was the soil in which grew — step by
step — the unique governance of Shanghai. It was a beneficent
anomaly outside the scope of treaty stipulations. In the
years to come the diplomats stood off and watched the strange
growth of their abnormal and precocious ward and did not
like it; they could not help materially because the thing was
so illegal; they could not always interfere materially because
what was done was so often obviously necessary. And even
when in much later years an occasion arose where their interference was needed with great urgency it was not forthcoming:
the power to do so had atrophied by lack of use.
In general that growth, so irregular but so efficient in its
process, was very admirable — this gradual creation of a constitution by a Council formed of business men — with the
Consuls in the offing. It is what I meant when in that sketch
of its origin I said that Shanghai was organic in itself and a
sport at that.
There is a curious feature about the history of the French
settlement. It was formally included within the scope of the
code of 1854, but after promulgation the French Minister
repudiated that inclusion without making the fact public.
Some ten years later, when that settlement began to be inhabited, its independence, as notified by its own set of municipal
regulations, came as a great shock to the rest of the community.
There remains the question of the jurisdiction over the
Chinese in the settlement in those early days. In that matter
the British Consul from 1852 or earlier functioned specially.
Acting magisterially in association with the Chinese officials —
a Weiyuan doubtless sitting with him — he dealt with trivial
offences; while serious ones were sent to the City magistrate.
Later, the American Consul — at least — took a share in these
proceedings.
From 1854 to 1861 the Taiping rebels ravaged the country
for many miles around, and the wretched peasants flocked to
the settlements for refuge. At the end of '62, by which time
a thirty-mile zone had been cleared of rebels, there were a
million and a half of refugees, and a year later — at the fall of
Soochow — these were joined by perhaps another quarter
million. Then they began to dribble out, and more rapidly
after Nanking fell in July '64, so that at the end of '65 the
Chinese in the settlement were reduced to less than 150,000.
To meet the problems resulting from this monstrous influx
a Defence Committee had been formed; and, when the situation began to remedy in '62, it turned its mind to other things.
It realized the arrival of a nodal spot in the history of the
place. Obviously it was the moment to think of what had gone
before and what the future might produce; and to consider a
new departure. So that Defence Committee of merchant
princes put their heads together, and with the words of Alcock
about the great importance of the Council still pleasantly
within their memory, put forward the proposal that the settlement should have a Free City status — and so a magistracy of its
own. It was a most natural ambition. Equally natural was
Sir Frederick Bruce's condemnation of it. That Minister took
occasion also to criticize the Council's policy in general — their
disregard for the letter of the treaties; for example, the encouragement which they had given to Chinese to live within
the settlement, and the restrictions placed on the taxation of
the Chinese population there by their officials.
And so the inevitable happened. In 1864, Sir Harry Parkes
was British Consul. With a very virile personality he was the
exponent of the strict observance of Chinese rights, more or less
regardless of local expediency as viewed by the merchants; and
he, in negotiation with the local Chinese authorities, produced
the Mixed Court system. In 1869 a new set of Land Regulations
were issued by the foreign Ministers under which the fiction
of 1854 — that the authority for extraordinary action rested with
the municipality — was discarded. A Court of Consuls was
formed to whose jurisdiction the Council was now subjected;
and, in effect, there was a reversion to the principle of Consular
guardianship of 1845.(1) But in spite of this curtailment of its
powers and the disapproval of its aims and policy the Council
continued a potent force, and went its way regardless to a great
extent of the dicta of the diplomats.
1 — This set of regulations was never submitted formally to the Chinese
authorities for their consent. This, however, was not due to any lack of
desire to do so, and still less to any disregard for China. It was due to
certain cogent (reasons which so far, I believe, have not been made public.
There is ample evidence that these regulations were tacitly accepted by the
Chinese authorities.
It should be understood that in what goes before I am not
contributing to history. I am merely trying to give a picture
from a certain point of view; so I stress and exaggerate to some
degree the fictional grandiosity of the Council's birth. Thus
does the artist, unconsciously perhaps but rightly, depict the
moon upon his canvas at twice its real size, and so, however
obscure the reason may be, gives it its proper value in the
picture.
For the next development in the story of the settlement it
is necessary to turn to general Chinese history for a little while.
The year '98 was pregnant with evil and misfortune. Four
years before there had been the disastrous war with Japan, and
now foreign aggression was at its height. The country was
seething with discontent; the mixture of anti-foreign and anti-dynastic fermentation was in progress, which two years later
led to the Boxer movement. But other forces were in play:
those of the desire for reform as opposed to revolution; and
Kang Yu-wei was the leader of that movement. Officials
were in it, if they were not revolutionaries; Chang Chi-tung, a
great viceroy, became ardent in its cause; and then Kwanghsü,
the thirty-years-old Emperor, became inspired with the same
idea and brought Kang Yu-wei to court. Kwanghsü had
reigned since '89 when the Empress Dowager had relinquished
the regency, though she remained a power behind the throne
and something to be reckoned with. So when the Emperor's
edicts for reform became extravagant, she emerged and intervened, and he knew that her purpose was to lock him up. So
Kwanghsü appealed to Yuan Shih-kai, who then was Provincial
Judge of Chili and in command of troops, to turn the tables
on her and lock her up instead; and a feature of the scheme
was that the Viceroy YungIu, a partisan of the Empress
Dowager, should be summarily beheaded. Yuan is said to
have betrayed the Emperor to Yunglu, but there is some
doubt about the extent of that betrayal. Anyhow the Empress
Dowager won the day, occupied the throne again, immured
the Emperor in the Pavilion of Peaceful Longevity, and then
started on the extermination of reformers. Dr. Morse in his
International Relations of the Chinese Empire writes of decapitations at that time; but I was told of gruesome things, for
example, of a victim in a heavy coffin being sawn in two —
and lengthwise.
I will digress here to say something of the Emperor. I
fail to understand why he should be handed down in history
as a poor thing — a subject for contemptuous pity. He is
said to have had an immature mind and to have been
mentally anaemic. Yet the initiative in action for reform was
his, however much he may have been guided by Kang Yu-wei.
He issued some forty edicts on important matters in a hundred
days; and when his liberty was threatened he tried to take
most daring counter measures. He was physically weak; it
is likely that the Empress Dowager encouraged him in habits
that would make him so; and yet in spite of it he made that
strenuous effort to redeem his country. That he was unwise
to rush things is obvious; but so have others been without
being branded for it as semi-idiots. That after his downfall
he collapsed is not astonishing; he was a victim waiting for his
certain doom, which took so long to come, for it was ten years
later that it overtook him, whatever were the means employed;
and in between, when the Empress was raging in her preparations to flee from her capital in the Boxer time, he had to look
on while his beautiful PearI concubine was thrown down the
well that lay in front of the Pavilion of Peaceful Longevity.
Kwanghsü made a noble, however unwise an effort, and he
died a martyr to the cause of progress.
At the time of the Empress Dowager's coup d'état the Chinese
officials at Shanghai had for long relinquished the right to
make arrests within the settlement, though every now and then
they did it just the same — but surreptitiously. But they had
not lost their right of jurisdiction over their nationals who,
without being permanent residents there, took refuge within
its borders. These were handed over on request with a
minimum of formality. As for the Chinese residents, the
Mixed Court dealt with them except when the crime was
beyond its competence to deal with, and then these also were
handed over to the purely Chinese court.
The Empress Dowager was raking out the cities for reformers.
The settlement, although not as yet a certain refuge, was
safer than elsewhere, and reformers congregated there for
such protection as it gave and for the means of going overseas
if necessary; and of course the Empress Dowager wished to
rake the settlements as well. I have forgotten whether she
succeeded in netting any victims before the Council, supported
by the Consuls, took another step in the arrogation of Chinese
legal rights. It refused to hand over a refugee except when a
prima facie case was made out against him in the Mixed Court
as a common criminal; and political offenders they would not
hand over in any circumstance. The act was more than merely
justified; there was nothing else to do; to hand over reformers — worthy and patriotic men — to be killed and worse
was quite impossible. The act served China well; again was
shown that principle of community of interests, however
antagonistic rights might be. It was J. O. P. Bland, the
Municipal Secretary at the time, now a publicist and the author
of several books on China, who led in that affair of '98.
A few years rolled by; the Boxers came and went; Japan
and Russia fought on Chinese soil; the Manchu dynasty was
ejected from the throne; Yuan became President of China, and,
with the blessings of the Western world, made himself mere or
less dictator, on which rebellion broke out against him. That
was in 1913 — the monarchical affair came later.
So from the time when the Right of Asylum was established
in 1898 to the time of the first rebellion against Yuan was
fifteen years. Bland, had he stayed, could have been counted
on, knowing as he did the genesis of that measure of emergency,
to guard against a gross misuse of it; but he had left. Other
people came and went: members of the Council, busy men of
affairs; members of the Chamber of Commerce; members of
the China Association — they would include a barrister perhaps,
but all were busy. And the Consuls came and went just
ordinary men who happened to be consuls instead of something
else and with no special brand of intelligence; and they dealt
with yesterday, to-day, and tomorrow; fifteen years ago did
not come within their purview.
A feature of Shanghai was its mutability; a constant change
of its constituent parts; there was continuity of growth because
it was a living and strongly healthy organism, and to some
degree it had a corporate instinct like the instinct of a
herd, but there was little continuity of thought about the
process of that growth. So what with the outside interests
of these people in business and play; what with mere
inertia and uninteIIigence; and above all what with the
working of the unexpressed practice of the Council that
' what they had they held,' the Right of Asylum continued
to function not only when the purpose of it had expired but
when the operation of it was inimical to every interest except
that of common criminals. In ninety per cent. of cases prima
facie evidence against a murderer and an eye-gouger — the
latter a specialty in local crime — was impossible to get. Intimidation of witnesses alone prevented it — they too would
have had their eyes gouged out. So Shanghai became a place
where criminals fleeing from the process of the Chinese courts
were immune from interference; the settlement was their
headquarters. And from that to allowing stations where
rebels were recruited to fight against the Central Government
— that happened in the French settlement — was but one
step more.
Here comes the curious thing. The detriment and evil of
the situation was realized; it could not but be. But somehow
in those fifteen years the Right of Asylum — its origin forgotten
— had come to have the glamour of a sacred principle; it was
as sacrosanct as a sacrament; and it took on a special British
cloak of immutability as an example of our virtue in ' playing
cricket ' in all affairs of life — even to our detriment.(1)
1 — A. M. Kotenev in Shanghai: its Mixed Court and Council quotes a
proclamation to show that the Council took prompt action to prevent an
abuse of the Right of Asylum. It did take certain steps when the scandal
of the situation became outrageous; but even then they were quite inadequate.
By 1913 I had been in touch with settlement affairs for
eighteen years. No one else had such a continuous official
connection with the place. I had of course no official connection with the municipality, yet in one way and the other my
business had brought me in close contact with Sino-foreign
affairs; and in a limited way I had made a study of the growth
of the Council's powers and policy. There came the second
revolution and its suppression for a time; and Admiral
Tseng, who now became Military Governor, was the leading
Chinese spirit in trying to tidy up the situation and put down
the extra brand of lawlessness which that revolution carried
in its wake; and then of course he came up against the
Right of Asylum. Tseng appealed to me about it — the unfairness of the thing, the obvious detriment to Chinese and
foreigners alike, the folly of a procedure whose only function
was the protection of the criminal; and that was how I came
into the matter.
The Inspectorate gave me leave to act — again that generosity
of trust. With reluctance my chief even gave me leave to
come out in the open, but I did not use it; I always feared
publicity and the jealousy and other things it caused; so I kept
behind the screen and tried to push others into the limelight.
My object was to get some smart young barrister to take the
matter up, to talk at a meeting of the ratepayers, to urge the
China Association in the matter — to be a publicist in fact.
Oppe promised me to do it, but the Great War was on, and
he volunteered and was killed. Then I tried another who
co-operated for a time, but later dropped the matter.(1) So
I was left to do the best I could alone by talking privately to
public men and writing to the papers.
I have the letters that I wrote him on the subject; they may be useful
later to one who writes the detailed history of the settlement.
Some time later Grant-Jones, the British Mixed Court
Assessor, with whom I had not at that time discussed the
question, started, and apparently on his own responsibility, a
new procedure for handing over criminals, which went a long
way towards what Tseng and I desired; and I for one gave him
great credit for his wisdom and pluck in breaking with tradition.
Whether my agitation had any influence in that change I
never knew.
In November 1915 came Tseng's murder. He was shot in
the street in the International Settlement. The presumption at
the time was that he had been killed by the Kuomintang, but
even then there were whispers that Peking was responsible
for the deed. He had been reticent with me about the monarchy affair, though he expressed to me his disapproval of what
he knew to be a monstrous folly, and he showed grief because of
his devotion to Yuan Shih-kai. After the tragedy I recognized
the portents of his recent manner: he knew, I think, what was
with certainty impending over him, and made no effort to
avert it. But I am still in doubt as to who arranged for the
killing of my friend.
My stricture on Shanghai covers a very brief period. Until
the second revolution that mad obsession of the sanctity of
asylum did no great harm except to the settlements themselves.
The period of serious harmfulness was brief — was measured
by a year or two. An obsession is a stubborn thing; a cure
is slow. There was a strong inertia against a change in
practice, but it gave way before a slow recovery of sanity.
That folly of asylum favoured — quite unintentionally — the
party that is now in power, and which more or less must stay
so; and thus it is not a card which can be used by it against
Shanghai. But apart from that it cannot be put in the balance
against the great benefits which the settlement has conferred
on China. Putting that temporary error on one side, Shanghai
has been a centre of stability, of sanity, of progress; it has
been an object-lesson of many things: of governance, of
sanitation and, above all, of justice in legal procedure; and
it has been a refuge for the persecuted.(1)
1 — I purposely abstain from any comment on the immediate and stupendously important problem of Shanghai. The subject is far too controversial for this book.
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