Affidavit

REVOLUTIONS ON TRIAL – SEYCOVE WINTER EXHIBITION

COURT Court of Queen’s Bench of Seycove 

 

JUDICIAL CENTRENorth Vancouver

PROSECUTION APPLICANTS Alicia Hepburn, Ava Robertson, Declan Rattray, Noah Del Fante, Patrick Jelstad, Sabrina Giustino 

 

DEFENCE RESPONDENTS Ariane Clemente, Ben Tuck, David Payne, Gwen Lewis, Max Louie, Max Rasmussen

 

DOCUMENT TYPE:

SWORN / AFFIRMED BY:Cody Harris and Emily Maxwell

(Harris and Maxwell)

SWORN / AFFIRMED ON: Dec. 1st 2021

(Date affidavit sworn / affirmed)

ADDRESS FOR SERVICE

AND CONTACT 1204 Caledonia Ave, North Vancouver BC V7G 2A6

INFORMATION OF PARTY Annex 

FILING THIS DOCUMENT 

1204 Caledonia Ave, North Vancouver BC V7G 2A6

 

I, Alicia Hepburn, Ava Robertson, Declan Rattray, Noah Del Fante, Patrick Jelstad, Sabrina Giustino, of North Vancouver, BC  

SWEAR / AFFIRM AND SAY THAT:

  1. I have personal knowledge of the following information, except where I say that what is stated is based on information from another person, in which case, I believe that information to be true to the best of my knowledge.

Witnesses:

Exhibit A: 

“My long struggles as a soldier of the Chinese Revolution have forced me to realize the necessity of facing hard facts. There will be neither peace, nor hope, nor future for any of us unless we honestly aim at political, social and economic justice for all peoples of the world, great and small.” 

~ Chiang Kai-shek

Exhibit B:

“Formerly, the battle-cry of the revolution was the overthrow of the Manchu Dynasty. Henceforth, it will be the overthrow of the intervention of foreign imperialism in China”

~ Sun Yat-sen

Exhibit C: 

“I am the one who will crush the Qing utterly. With the power of sun and moon I will smash through the boundaries of Helanshan pass. With fire and fury I shall come to the city of the Nanluo kings, and the might of the Yanhuang will rise again”

~ Sun Yat-sen

      

Exhibit D:

  

“Chinese troops and rebels battle for hours, neither has the advantage at close of fight”

The Evening Tribute Newspaper

“Conflict is Expected to be Renewed Soon; Several Important Towns are Report-

ed as Captured”

The Evening Tribute Newspaper

Exhibit E:

“I, Empress Dowager, […] together with the Emperor, hereby hand over the sovereignty [ 統治權: tǒng zhì quán] to be the possession of the whole people, and declare that the constitution shall henceforth be Republican, in order to satisfy the demands of those […] hating disorder and desiring peace, and anxious to follow the teaching of the sages, according to which the country is the possession of the People (天下爲公). Yuan Shi-kai, having been elected some time ago president of the National Assembly at Peking, is therefore able at this time to of change to unite the North and the South – let him then, with full powers so to do, organize a provisional Republican Government (MacNair 1927, p. 722-723).”

~ Empress Dowager (February 12 issued Abdication Edict)

Exhibit F:

“The people of Shanxi are naturally timid and gentle, not given to making disturbances, being the most peaceable people in China. So our Shanxi Christians were hopeful for themselves, even when the reports from the coast grew more alarming.

But there was one thing which caused us deep apprehension, and that was the fact that the wicked, cruel Yu Hsien, the hater of foreigners, was the newly appointed Governor of Shanxi. He had previously promoted the Boxer movement in Shantung and had persuaded the Empress Dowager that the Boxers had supernatural powers and were true patriots.

The wicked Governor, Yü Hsien, scattered proclamations stating that the foreign religions overthrew morality and inflamed men to do evil, so now gods and men were stirred up against them, and Heaven’s legions had been sent to exterminate the foreign devils. Moreover, there were the Boxers, faithful to their sovereign, loyal to their country, determined to unite in wiping out the foreign religion. He also offered a reward to all who killed foreigners, either titles or office or money.

So when the highest official in the province took such a stand in favour of the Boxers, what could inferior officials do? People and officials bowed to his will, and all who enlisted as Boxers were in high favour. It was a time of license and anarchy, when not only Christians were killed, but hundreds of others against whom individual Boxers had a grudge.

Early in June my college friend K’ung Hsiang Hsi came back from T’ungchou for his vacation, reporting that the state of affairs there and at Peking was growing worse, that the local officials were powerless against the Boxers, and that the Boxers, armed with swords, were constantly threatening Christians scattered in the country. Late in July a proclamation of the Governor was posted in the city in which occurred the words, “Exterminate foreigners, kill devils.” Native Christians must leave the church or pay the penalty with their lives.

Li Yij and I talked long and earnestly over plans for saving the lives of our beloved missionaries. “You must not stay here waiting for death,” we said. Yet we realized how difficult it would be to escape. Foreigners with light hair and fair faces are not easily disguised. Then where could they go?”

~ Fei Ch‘i-hao, Chinese Christian and (1899 – 1901) survivor

Exhibit G:

“In consideration of the fact that the Qing emperor has publicly announced his approval of the establishment of a republican form of government, the following Articles relating to the Favourable Treatment of the Qing emperor after his abdication are hereby set forth:

1. After the abdication of the Qing emperor, his title of dignity is to be retained by the Republic of China with the courtesies which it is customary to accord to foreign monarchs.

2. After the abdication of the emperor, he will receive from the Republic of China an annual subsidy of 4,000,000 taels. After the reform of the currency, this amount will be altered to $4,000,000.

3. After the abdication of the Qing emperor, he may, as a temporary measure, continue to reside in the Palace (in the Forbidden City), but afterwards, he will remove himself to the Yi-Ho Park (the Summer Palace). He may retain his bodyguard.

4. After the abdication of the Qing emperor, the temples and mausoleums of the imperial family with their appropriate sacrificial rites shall be maintained in perpetuity. The Republic of China will be responsible for the provision of military guards for their adequate protection.

5. As the Ch’ung mausoleum of the late emperor Te-Tsung has not yet been completed, the work will be carried out according to the proper regulations (relating to imperial tombs). The last ceremonies of sepulture will also be observed in accordance with the ancient rites. The actual expenses will all be borne by the Republic of China.

6. The services of all the persons of various grades hitherto employed in the Palace may be retained; but in future, no eunuchs are to be added to the staff.

7. After the abdication of the Qing emperor, his private property will be safeguarded and protected by the Republic of China.

8. The imperial guard corps as constituted at the time of the abdication will be placed under the military control of the War Office of the Republic of China. It will be maintained at its original strength and will receive the same emoluments as heretofore.”

This demand was created in 1914, by the Dowager Empress Longyu. In this demands she is securing a good life for herself and her son. This shows how the emperors even though there is a revolution still have power and high status in Chinese society.

Exhibit H:

“Sweep away millennia of despotism in all its forms, throw off millennia of slavishness, annihilate the five million and more of the furry and horned Manchu race, cleanse ourselves of 260 years of harsh and unremitting pain, so that the soil of the Chinese subcontinent is made immaculate, and the descendants of the Yellow Emperor will all become Washingtons.

How sublime is revolution, how majestic! It is inevitable if the Manchu yoke is to be thrown off; it is inevitable if China is to be independent; it is inevitable is to take its place as a powerful nation on the globe; it is inevitable if China is to survive for long in the new world of the 20th century; it is inevitable if China is to be a great country in the world and play the leading role. Stand up for Revolution! 

Fellow-countrymen, are there any of you whether old or in middle years, in your prime of life or young, be it man or woman, who is talking of revolution or working actively for revolution?

Fellow countrymen, assist each other and live for each other in revolution. I here cry at the top of my voice to spread the principles of revolution throughout the land. Revolution is the universal principle of evolution. Revolution is the essence of the struggle for survival of destruction in a time of transition. Revolution submits to heaven and responds to men’s needs. Revolution rejects what is corrupt and keeps the good. Revolution is the advance from barbarism to civilization. Revolution turns slaves into masters!

I have carefully modelled on the principles of American revolutionary independence. I have summarized them under a number of headings, and with the utmost deference I offer to my most revered and beloved 400 million countrymen of the great Han people to prepare them for the path they are to follow:

China is the China of the Chinese. Countrymen, you must all recognize the China of the Chinese of the Han race. Not to allow any alien race to lay their hands on the least rights of our China. Any obligations subordinating people to the Manchus are one and all annulled.

First, to overthrow the barbaric government set up by the Manchus in Peking… To expel the Manchus settled in China or kill them in order to revenge ourselves… To kill the emperor set up by the Manchus as a warning to the myriad generations that despotic government is not to be revived.

To set up a central government, which will act as a general body to run affairs. In each area and province, a deputy to a general assembly is to be elected by vote in public elections. From these deputies, one is to be elected by vote to serve as provisional president to represent the whole country.

The whole population, whether male or female, are citizens. All men have the duty to serve as citizen soldiers. Everybody has the duty of bearing the burden of taxation. The whole country has the duty to show loyalty to the newly established state. Everybody in the country, whether male or female, is equal. There is no distinction between upper and lower, base and noble.

All inalienable rights are bestowed by nature. The freedom to live and all other privileges are natural rights. Freedoms, such as that of speech, thought, the press, etc. cannot be infringed on. All rights must be defended. The government which must be set up by public agreement must employ all the powers granted purely to defend popular rights.”

~ Zou Rong, anti-Manchu nationalist (1903), arrested for writing this piece and died in prison on (1905)

Exhibit I:

“To-day I present to you my resignation and request you to elect a good and talented man as the new President. The election of President is a right of our citizens, and it is not for me to interfere in any way. But according to the telegram which our delegate Dr. Wu [Wu Tingfang] was directed to send to Peking, I was to undertake to resign in favor of Mr. Yuan [Yuan Shi-kai], [who] has declared his political views in support of the Republic […] The abdication of the Ch’ing [=Qing] Emperor and the union of the North and South are largely due to the great exertion of Mr. Yuan. Moreover, he has declared his unconditional adhesion to the national cause. Should he be elected to serve the Republic, he would surely prove himself a most loyal servant of the state (ibid., p. 728).”

~ Sun Yat-sen (February 14 declaration before the Assembly)

Exhibit J

The new political system that followed the revolution— the “Republic” (minguo) – beleaguered Zhang. While the entire country celebrated the arrival of the new era, Zhang also hoped that the new government could “eliminate the tyrannical policies” of the overthrown Qing dynasty. However, he soon discovered that the new political system, which featured a seemingly modern separation of state powers, was radically different from what he experienced during the Qing era. Before the revolution, Zhang served as a key agent in village mediation, a position that enabled him to engage in communal affairs and resolve disputes through negotiation with officials, clerks, and local powers. After the revolution, he now found he had lost the privileges in dealing with cases in a flexible manner. The judicial officials exerted more control over criminal proceedings than the Qing magistrates and clerks, leaving little room for mediators to manipulate in disputes. The policemen also frequently extorted fees from disputants, and even fabricated the charge and exceeded a proper degree of suspect arrest. Facing all these, Zhang lamented that Republican policemen had treated people aggressively, and had performed unjustly “regardless of who was wrong or wrong in disputes.”

~Zhang Gang

Exhibit K: 

Zhang did attempt to learn the new laws, but quickly realized that a traditional literato like him could hardly understand the new “scattered and fragmented” laws. The Republican system not only separated administrative power from judicial branch, but also distinguished criminal and civil procedures, trial and prosecution, as well as plaintiff and the accused. Inexorably, Zhang was disillusioned with these unfamiliar categories. He contended that such laws “only emphasized form rather than the spirit.” The system even allowed lawyers to legally represent disputing parties. This, to Zhang, could only disturb harmony without making a positive difference to anyone in local community.

~ Zhang 

Exhibit L:

“The move toward an independent foreign policy, which emerged in the wake of the Xinhai Revolution, came to a temporary halt. All that remained of that policy was mistrust of Japan among the Chinese people—a negative legacy that contributed greatly to the subsequent friction between the two countries.” 

~ By writer Sakurai Ryoju 

Exhibit M:

Before the revolution, Zhang served as a key agent in village mediation, a position that enabled him to engage in communal affairs and resolve disputes through negotiation with officials, clerks, and local powers. After the revolution, he now found he had lost the privileges in dealing with cases in a flexible manner. The judicial officials exerted more control over criminal proceedings than the Qing magistrates and clerks, leaving little room for mediators to manipulate in disputes. The policemen also frequently extorted fees from disputants, and even fabricated the charge and exceeded a proper degree of suspect arrest. Facing all these, Zhang lamented that Republican policemen had treated people aggressively, and had performed unjustly “regardless of who was wrong or wrong in disputes.”

TABLE OF EXHIBITS

(List your exhibits and the descriptions again.

Number the pages of your exhibits, starting with “1” and numbering all the way through all of the exhibits, like a book.

List the page number that each exhibit starts on. For example, if your first exhibit is 3 pages, then it starts on page 1, and your second exhibit starts on page 4.

If you do not have any exhibits, then remove this page.)

Exhibit Letter  Brief Description of Exhibit  Page Number 
A https://www.brainyquote.com/search_results?x=0&y=0&q=Chiang+Kai-shek 2
B https://www.brainyquote.com/search_results?x=0&y=0&q=Chiang+Kai-shek 3
C https://www.brainyquote.com/quotes/sun_yatsen_778125 4
D https://www.rarenewspapers.com/view/670913 5
E https://china-journal.org/2016/03/18/chinese-revolution-1911-founding-republic-of-china/ 6
F https://alphahistory.com/chineserevolution/chinese-revolution-documents/ 7
G https://alphahistory.com/chineserevolution/chinese-revolution-documents/ 8
H https://alphahistory.com/chineserevolution/chinese-revolution-documents/                    9 – 10
I https://china-journal.org/2016/03/18/chinese-revolution-1911-founding-republic-of-china/ 11
J https://ageofrevolutions.com/2020/04/13/living-through-the-revolution-a-chinese-village-mans-reflections-in-the-early-twentieth-century/ 12
K  https://ageofrevolutions.com/2020/04/13/living-through-the-revolution-a-chinese-village-mans-reflections-in-the-early-twentieth-century/ 13
L https://www.nippon.com/en/in-depth/a00201/ 14

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