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Chapter 5 examines court cases in Xinjiang (1912–25). Consular officials worked a compromise between administering consular law, carrying out imperial objectives and allowing the jurisdiction of local custom over British subjects. Consuls were aided by aqsaqals, senior merchants who resolved minor disputes of the British communities in various towns. Consuls not only incorporated this indigenous administrative practice into British administration, but also arranged the aqsaqal system that had clear influences from Indian community organisation. The chapter therefore shows how Indian communities and Indian influences shaped British administration in Xinjiang.

in Law across imperial borders
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The Amherst embassy to China has long been viewed as a major diplomatic failure in Britain’s early relations with China. This chapter concentrates on the greatly overlooked aspect of the Amherst mission – the delegation’s discoveries in China after the official proceedings were concluded. Since the embassy was given unprecedented freedom of movement during its four-month return journey from Beijing to Canton, British observers were able to explore the interior of China and to communicate more fully with the Chinese government and people than ever before. As a consequence, the Amherst embassy not only provided valuable first-hand observations which increased and improved Britain’s knowledge of China, but developed the view that the Qing government was the chief obstacle to the progress of Chinese civilisation and to the general welfare of the Chinese people. These important perceptions laid the foundation for future changes in Sino-British relations and led, indirectly, to the outbreak of the Opium War.

in Creating the Opium War
The decline of consular rights, 1917–39

The sixth chapter traces the decline of British jurisdiction in the province (1917–39). The Chinese authorities in Xinjiang challenged British consular rights and consuls responded by managing this erosion of their powers. Consuls based their approach to managing this decline on the needs of the British community living in Xinjiang, as well as on practical and political considerations. The chapter ends by showing how the trading community that moved between India and Xinjiang declined rapidly and thereafter ended consular rights in the province.

in Law across imperial borders
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The book makes three arguments. First, it argues that frontier consuls played a key role in creating forms of transfrontier legal authority. Second, it demonstrates that the impetus behind these legal adaptations was the perceived challenges brought by the movement of British subjects and goods across frontiers. Local and transfrontier mobility therefore defined and shaped British jurisdiction across the frontier. Finally, British authority in the frontiers embraced and worked alongside other local norms and legal structures. This book is therefore the story of British consuls at the edge of the British and Chinese Empires and the nature of their legal powers.

in Law across imperial borders

The third chapter explores how Tengyue consuls worked in a court to resolve Sino-British cases involving local populations (1909–35). The court was a reflection of the coming together of local laws and British and Chinese jurisdiction. The consular role was to work alongside Chinese officials and act as linguistic and cultural mediators between these officials and their Burmese counterparts. They therefore balanced British imperial objectives – such as furthering colonial claims to land – with efforts to ensure Chinese cooperation in the resolution of transfrontier cases.

in Law across imperial borders
British imperial attitudes towards China, 1792–1840

This book examines British imperial attitudes towards China during their early encounters from 1792 to 1840. It makes the first attempt to bring together the political history of Sino-Western relations and cultural studies of British representations of China, as a new way of understanding the origins of the Opium War – a deeply consequential event which arguably reshaped relations between China and the West for the next hundred years. The book focuses on the crucial half-century before the war, a medium-term (moyenne durée) period which scholars such as Kitson and Markley have recently compared in importance to that of the American and French Revolutions.

This study investigates a range of Sino-British political moments of connection, from the Macartney embassy (1792–94), through the Amherst embassy (1816–17) to the Napier incident (1834) and the lead-up to the opium crisis (1839–40). It examines a wealth of primary materials, some of which have not received sufficient attention before, focusing on the perceptions formed by those who had first-hand experience of China or possessed political influence in Britain. The book shows that through this period Britain produced increasingly hostile feelings towards China, but at the same time British opinion formers and decision-makers disagreed with each other on fundamental matters such as whether to adopt a pacific or aggressive policy towards the Qing and the disposition of the Chinese emperor. This study, in the end, reveals how the idea of war against the Chinese empire was created on the basis of these developing imperial attitudes.

This chapter examines a significant debate on China and the Chinese market held within the British mercantile community in the early 1830s. Occurring in the years before the East India Company’s monopoly over China trade was abolished in 1834, this debate has received much less attention than the Macartney embassy and the rise of the opium trade. This chapter shows that, in order to suit their own economic interests, supporters of the EIC and the ‘free traders’ presented rival images of China and the China trade to lead the governing authorities and the wider public to understand the country and its people in a way most favourable to themselves. Compared to the earlier European accounts of China, which examined different aspects of Chinese civilisation and were at least to some degree academic, this debate within the British mercantile community was clearly aimed at influencing the country’s commercial policy in China. Although neither side was genuinely interested in discovering the ‘real’ China, this competition in image-building was crucial to Britain’s relations with China in the era leading to the First Opium War.

in Creating the Opium War
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in Creating the Opium War
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The Introduction outlines the significance of the book within the context three fields of scholarship: British imperialism in China, law within the British Empire and Borderland studies. It provides an introduction to the British imperial presence in Xinjiang and Yunnan, an explanation of sources used and an outline of the chapters of the book.

in Law across imperial borders
Law between semicolonial China and the Raj

The fourth chapter examines the establishment of extraterritorial jurisdiction in Xinjiang (1880–1918). There, no treaty existed defining consular rights in the province. As a result, the consular official George Macartney carved out his rights through adjudicating Sino-British cases and by diplomatic negotiation with the Chinese authorities. As Macartney worked for the Indian government and, after 1908, was also a China consular official, he therefore bridged the colonial and semicolonial world. From 1918, his legal powers were derived from consular frameworks, but he could apply colonial laws from British India. He also sent suspects and convicts to India, creating an administrative and judicial fusion between the consular and colonial system.

in Law across imperial borders