Julian Pauncefote, 1st Baron PauncefoteGCBGCMGPC (13 September 1828 – 24 May 1902), known as Sir Julian Pauncefote between 1874 and 1899, was a British barrister, judge and diplomat. He was Permanent Under-Secretary of State for Foreign Affairs between 1882 and 1889 when he was appointed Envoy Extraordinary and Minister Plenipotentiary to the United States and would be the last to use that title, as the office was upgraded to that of Ambassador to the United States in 1893. Elevated to the peerage as Baron Pauncefote in 1899, he died in office in 1902.
In Hong Kong, Pauncefote was involved in a major case involving the rights of enslaved coolies to free themselves. He ended up being sued for false imprisonment in the Supreme Court of Hong Kong. In 1871, Kwok A Sing, a coolie on board a French ship the Nouvelle Penelope which had sailed from Macau, killed the master and took over the ship. Kwok was arrested in Hong Kong to be extradited to China. Kwok made a habeas corpus application seeking his release. Chief Justice John Jackson Smale ordered his release on the basis that Kwok was entitled to take any necessary steps to secure his freedom. Pauncefote, as Attorney General of Hong Kong, then had Kwok re-arrested to be tried for piracy. Smale again ordered Kwok's release on the basis the second arrest breached the first habeas corpus order. Kwok then sued Pauncefote for damages for false imprisonment under the Habeas Corpus Act. Kwok almost won with the British jury finding 4–3 in Kwok's favour. Because a majority of five was needed to find in Kwok's favour the verdict was treated as a verdict for Pauncefote.[5] In 1874, Pauncefote was appointed Chief Justice of the Leeward Islands and was knighted.
Diplomatic career
In 1876, Pauncefote returned to London as Assistant Permanent Under-Secretary of State for the Colonies. He soon transferred to the Foreign Office where he took over the same post at the Foreign Office in 1876.[2] Having been made Knight Commander of the Order of St Michael and St George (KCMG) in 1879 and a Companion of the Order of the Bath (CB) the following year,[6] Pauncefote was promoted Permanent Under-Secretary of State for Foreign Affairs in 1882. He was appointed first British delegate to the Suez Canal Conference in Paris in 1885, and was rewarded for his services in this respect with appointment as a Knight Grand Cross of the Order of St Michael and St George (GCMG).[7] In 1888, he became a Knight Commander of the Order of the Bath (KCB),[8] and the following year was sent to the United States as Envoy Extraordinary and Minister Plenipotentiary.[9] His position was elevated in 1893 to Ambassador, and it made him the Dean of the Diplomatic Corps[10] because Ambassador is superior to all other Envoys dispatched by other countries. He and American secretary of state Richard Olney in January 1897 negotiated an arbitration treaty, but the U.S. Senate, jealous of its prerogatives, refused to ratify it.[11]
He was Britain's representative at negotiations and signatory of the Tripartite Convention in 1899 that partitioned the Samoan islands. In 1901 he negotiated the Hay–Pauncefote Treaty (with American Secretary of State John Hay), nullifying the Clayton–Bulwer Treaty of 1850, giving the United States the right to create and control a canal across Central America.[citation needed]
Lord Pauncefote died in office at the British Embassy in Washington, D.C. in May 1902, aged 73. His formal state funeral took place at St John's Episcopal Church in Washington, where his daughter had been married. His remains were transferred back to the United Kingdom in the USS Brooklyn,[17] and were buried in the churchyard of St Oswald's Church, East Stoke in Nottinghamshire on 15 July 1902.[18] The peerage became extinct at his death as he left no surviving male heirs.[2]
References
^ ab'Preston', in A History of the County of Gloucester: Volume 12, ed. A.R.J. Jurica (Woodbridge, 2010), pp. 301-317 [1]
^Review of Wright, Leigh, Julian Pauncefote and British Imperial Policy 1855-1889 on the freelibrary.com.
^Norton-Kyshe, the History of the Laws and Courts of Hong Kong, Vol II.
^Re Kwok A Sing (No.1) and Re Kwok A Sing (No.2) [2001] HKC 710 and 737. North China Herald, 28 December 1871, pp. 1003–4, for details of the case against Pauncefote.