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Sino-British Conflict Over the Mixed Court, 1884-85 Motono Eiichi Iv

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Sino-British Conflict Over the Mixed Court, 1884-85 Motono Eiichi Iv East Asian History NUMBER 12 . DECEMBER 1996 THE CONTINUATION OF Papers on Far EasternHistory Institute of Advanced Studies Australian National University Editor Geremie R. Barme Assistant Editor Helen Lo Editorial Board Mark Elvin (Convenor) John Clark Andrew Fraser Helen Hardacre Colin Jeffcott W.]. F. Jenner Lo Hui-min Gavan McCormack David Marr Tessa Morris-Suzuki Michael Underdown Design and Production Helen Lo Business Manager Marion Weeks Printed by Goanna Print, Fyshwick, ACT This is the twelfth issue of East Asian History in the series previously entitled Paperson Far EasternHistory. The journal is published twice a year. This issue was printed in July 1998. The editors wish to thank colleagues Oanh Collins, Dorothy Mcintosh and Marion Weeks for their generous help in the recovery effort when all electronic copies of this edition were lost in a theft of computers from the BAHeditorial office on the eve of its delivery to the printers. Contributions to The Editor, East Asian History Division of Pacific and Asian History Research School of Pacific and Asian Studies Australian National University Canberra ACT 0200, Australia Phone +61 26249 3140 Fax +61 26249 5525 email [email protected] Subscription Enquiries to Subscriptions, East Asian History, at the above address Australia A$45 Overseas US$45 (for two issues) iii CONTENTS 1 Tough Guys, Mateship and Honour: Another Chinese Tradition W.]. F.Jenner 35 Chinese Landscape Painting-The Golden Age Ch 'en Chih-mai 51 China in the Eyes of French Intellectuals Jean Chesneaux 65 Lady Murasaki's Erotic Entertainment: The Early Chapters of The Tale of Genji Royall Tyler 79 The "Autocratic Heritage" and China's Political Future: A View from a Qing Specialist Helen Dunstan 105 The Qotong, the Bayad and the Ogeled Ceveng (c. Z. Zamcarano) -translated by 1. de Rachewiltz and]. R. Krueger 121 Raw Photographs and Cooked History: Photography's Ambiguous Place in the National Museum of Modern Art, Tokyo Julia Adeney Thomas 135 H. A. Giles v. Huang Chengyi: Sino-British Conflict over the Mixed Court, 1884-85 Motono Eiichi iv Cover calligraphy Yan Zhenqing �.t§;m, Tang calligrapher and statesman H. A. GILES versus HUANG CHENGYI: SINO-BRITISH CONFLICT OVER THE MIXED COURT, 1884-85 .Jt Motono Eiichi *Jf�� The Sino-British Tianjin Treaty of 1858 had embodied many rights and 1 These commercial conflicts, which mainly privileges for British merchants, but they never ceased complaining that in broke out in Shanghai, eventually led to the colla pse of the commercial organization of spite of that treaty they did not enjoy "free trade" conditions in China. the Chinese merchant groups in the 1890s Following the economic crisis of 1866, these merchants took every opportunity and of the organization of Chinese chambers to demand of the Chinese authorities that the country's socio-economic struc­ of commerce in the early twentieth century. ture be reformed along the lines they desired. Their attempts to achieve this A full analysis of these conflicts is attempted in my D.Phii. dissertation, "Chinese-British reform produced, in the 1880s, serious commercial clashes with organisations commercial conflicts in Shanghai and the of prominent Chinese merchant groups (hanghui 1Tfn, supported by local collapse of the merchant control system in Qing government officials.! The British grievances were finally addressed late Qing China, 1860-1906" (University of Oxford, 1994), of which this article is a by­ and solutions embodied in the Chinese-British commercial treaty of 1902, product. The original draft of this paper was known as the "Mackay Treaty." read as a seminar paper in the Division of Despite the fact that the most important article of the Treaty-Article 8, Pacific and AsianHistory, Australian National which stipulated the abolition of the lijin1I� tax in return for an increase University, on September 4, 1991. in the rate of duty-was not put into effect, recent Japanese researchers have 2 Hamashita Takeshi, Cbugoku kindai kei­ zaisbikenk yit-Sbinmatsukaika n zaisei to tended to regard the Mackay Treaty as a watershed in modern Chinese history kaikOji5 sbiji5ken [Economic history of because its terms forced the Chinese authorities to introduce many political, modern China-Maritime Customs finance institutional, and economic reforms modelled on the Western nation-state and open port market zones in late Qing system 2 Due to the lack of relevant sources in English, however, with the China] (Tokyo: Institute of Oriental Culture, University ofTokyo, 1989), p.3; Ijima Wataru, exception of Article 8, researchers have yet to reveal and study the historical "1903 nen Chunichi kaitei tsush6 joyaku no background to the other articles of the Treaty.3 teiketsu ni tsuite-'Mackay joyaku taisei' to By examining Chinese-British clashes under the Mixed Court system in Chugoku" [The conclusion of the Chinese­ British Revised Treaty of Commerce of Shanghai during the years 1884-85, this article attempts to uncover the 1903--the 'Mackay Treaty regime' and China], background to Article 12 of the Mackay Treaty, of which the English test reads Jinbun kenkyU44.12 (992): 125-45; '''Sairika­ as follows: zei' mondai to Shinmatsu Chugoku zaisei- 1902 nen Chuei Mackay joyaku kosho no China having expressed a strong desire to reform her judiCial system and to rekishiteki ichi" [The 'abolition of lijin tax bring it into accord with that of Western nations, Great Britain agrees to give and the increase in duty' question and the every assistance to such reform, and she will also be prepared to relinquish fiscalstructure of late Qing China: the lOVER 135 136 MOTONO EIICH! Ihistorical position ofthe 1902 MackayTreaty," her extra-territorial rights when she is satisfied that the state of the Chinese Shigaku zasshi 102.11 (Nov.1993): 1-32. laws, the arrangement for their administration, and other considerations 3 Most of the Chinese sources on the Mackay warrant her in so doing. Treaty negotiations are published in Yuzhai cungao ��ff� and Qingji waijiao At first glance, the article appears somewhat strange: to relinquish extra­ shiliaol1i�J}5i:5I:.;jSI.A special collect­ territorial rights in return for giving every assistance to China in reforming her ion of Chinese documents concerning the judicial system to bring it into line with that of western nations would seem negotiations has been published in Hong to be politically too high a price to pay for such a vacuous assurance of Kong: see Wong Erh-min and Chan Sin-wai, eds, Qingmo yiding Zhongwai shangyue assistance. jiaoshe--Sheng Xuanhuai wanglai han­ This assumption, however, is wrong. British merchants of the time diangao [Documents on commercial treaty claimed that the extra-territorial system was not entirely effective in protecting negotiations between China and the West in their commercial interests in China. They pointed out two defects in the the late Ching: correspondence and tele­ grams to and from Sheng Xuanhuail (Hong system as it affected their economic activities. First, British merchants were Kong: Chinese University Press, 1993). On responsible for guaranteeing the whole debt of their native agents, known the other hand, most of the relevant docu­ as compradors (maiban � mo, irrespective of whether the debt was incur­ ments in English, collected in the Foreign red by the merchants' business or by business transacted by the compradors Office Confidential Prints (F0881, Public Record Office, Kew), have not yet been in their private capacity. Such a situation had arisen because Chinese published. merchants who carried on business relationships with compradors regarded 4 Motono Eiichi, "Ar6 sens6 go no ch6k6 the latter's British employers as their de Jacto surety, while on top of this, Chllka rylliki no shin'y6 k6z6 to sekai shij6, British merchants could not always know what their compradors were doing Amerika nanboku sens6 no eiky6 0 chllshin behind their backs. ni" [The credit system of Central China and the world market after the Arrow War, with This problem was exposed when a civil case, "E-kee v. Jardine, Matheson special reference to the influence of the & Co.," arose in the wake of the economic crisis of 1866. The crucial issue American Civil Warl, Shigaku zasshi 93.10 in the case was whether E-kee, who was a comprador of the Shanghai branch Oct. 1984): 35-67; idem, "1860 nendai of Jardine, Matheson & Co., was to be defined as a servant of the defendant Shanhai ni okeru baiben t6roku seido no zasetsu to yushutsu torihiki kik6 no kaihen, or an independent broker. If the Chief Judge of His Majesty's Supreme Court Jardine Matheson sh6kai no katsud6 0 in Shanghai were to rule that the comprador was a servant of the defendant, chushin ni" [The failure of the compradore jardine's would be obliged to guarantee E-kee's huge debt of Tis. 80,000 to registration system and the changes to the his forty-seven creditors; if, on the other hand, E-kee were to be judged an export sales system in Shanghai during the independant broker, such an obligation would not apply. Intervention by the 1960s, with special reference to the com­ mercial activities of Jardine, Matheson & British Shanghai Consul, Charles A. Winchester, who managed to persuade Co.l, Shigaku zasshi 99.7 Quly 1986} 75- the Shanghai branch of Jardine, Matheson & Co. to pay the debt on condition 102. that E-kee withdraw his suit, forestalled the hearing of the matter, however, 5 Motono Eiichi, '''The traffic revolution': with the result that the legal status of compradors remained officially remaking the export sales system in China, undefined 4 Thus, to avoid similar troubles reoccurring, the reform of the 1866--1875," ModernChina 12.1 Qan.1986): settlement system became an important issue for the export trade, and led 75-102 to the change in the export settlement system in 1875 5 The issue of the legal status of the compradores also arose in the import trade.
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