Mr. Burlingame to Mr. Seward
No. 76.]
Legation of the United States,
Peking,
June 1, 1864.
Sir: Though Mr. Seward has doubtless given you
the details of the history and the trial and conviction of David
Williams for murder, I will give briefly an account of my action in
relation to his case. “He was tried for piracy and murder in the
consular court, at Shanghai, and convicted,” It was shown that he had
attacked the louba Maria on the Yangtse, and was the leader in robbing
and killing of three Chinese. The proof was complete. I accordingly
issued the annexed warrant (marked A) for his execution, and addressed
the letter of instruction (marked B) as to the conduct of the
proceedings to be had at the executing to Mr. Seward.
A few hours before the time fixed for his execution Williams committed
suicide, (see despatch 21 with enclosure, marked C.) After the
conviction, and after the warrant for his execution had arrived, he
claimed to be a British subject, but Sir Frederick Bruce, the British
minister, refused to entertain his appeal. The above are the points
where I came into relation to the sad affair.
But for the suicide Williams would have been the first man executed in
China since the establishment of our consular courts. I am thus brief,
because the papers, which are voluminous, have not been returned to me
by Mr. Seward, for the reason, I suppose, that he had not clerical force
to copy them; neither he nor I have enough assistance of that kind
allowed us by the government, and it is physically impossible to copy
those papers which appear to be necessary to illustrate the numerous
cases we are called upon to participate in.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State, &c., &c.,
&c.
A.
[Untitled]
Peking,
November 23, 1863.
Sir: David Williams having been tried and
convicted according to law of the crime of piracy and murder, by
virtue of the power in me vested, as envoy extraordinary and
minister plenipotentiary of the United States to China, and by act
of Congress approved June 22, 1860, I order that the said David
Williams, on the second Friday after the receipt of this, be hanged
by the neck until he is dead.
This sentence shall be executed, under your direction as consul of
the United States, at 10 o’clock in the forenoon of the above day,
and this shall be your warrant for the same.
In testimony whereof, I have hereunto signed my name and caused the
seal of the United States to be affixed, at Peking, the 23d day of
November, 1863, and of the independence of the United States the
88th.[seal.]
Attest:
George F. Seward,
Consul of the United States,
Shanghai.
[Page 393]
B.
[Untitled]
Legation of the United
States,
Peking,
November 23, 1863.
My Dear Sir: I have made out a warrant for
the execution of David Williams, convicted of piracy and murder, and
send herewith, at the same time returning the papers containing the
evidence. I leave the details of the execution to your discretion,
but it would be well for you to appoint a certain number, at least
five, of the Americans in Shanghai to attend as witnesses on the
occasion, who shall afterwards sign a report of the proceedings. As
I return the papers connected with the trial, I shall be obliged if
you will send me a resumé of the case, containing the leading facts
which were found on the trial, for the records of this legation in
so important a case—the first one involving life since the
establishment of the United States consular courts in China.
I think it will be desirable to report the leading circumstances of
the trial and execution to the Chinese authorities, that they may
understand the case, as well as learn our determination to carry our
laws into effect.
Yours, &c., &c.,
C.
Mr. G. F. Seward to Mr. Burlingame
No. 21.]
Shanghai,
March 3, 1864.
Sir: Your warrant of execution of David
Williams was received on Sunday, the 16th ult. It was duly read to
him, and preparations made to carry it out. On Wednesday, the 24th
ult., the prisoner became very ill. The certificate of his physician
is enclosed; he remained in a more or less unconscious state for
several days. On Monday, the 29th, he was considered sufficiently
well to undergo the penalty of the law, and was accordingly brought
from his place of confinement in the British jail to the jail of
this consulate.
On Tuesday morning, a few hours before the time set for the
execution, he committed suicide. The circumstances were fully set
forth in the enclosed printed copies of the report made by Mr.
Howard to Mr. Lewis, and the medical certificates attached.
It is only necessary for me to add that I fully acquit the keepers of
both jails from blame. This I do in view of the defective
arrangements of the jail buildings, which render it impossible to
completely isolate prisoners.
I think that you will approve my action in delaying the execution. It
seems essentially inhuman to send a man into eternity who is quite
ignorant of what is going on around him.
I have the honor to be, sir, your obedient, humble servant,
His Excellency Hon. Anson Burlingame,
Minister Plenipoteniary, Peking.
[Untitled]
I hereby certify that D. Williams was seized with epileptic fits
on the 24th of February; that they continued for nearly two
days, with short intervals between each fit. On the second day
they were much less severe; during the
[Page 394]
third day he recovered his senses, and eat
some food; in the evening he had a relapse, the muscular spasms
being much less severe than during the first attack. On Sunday
morning he seemed to be in a semi-comatose state, but in other
respects much better, and continued to improve until his removal
from the jail yesterday evening, at which time he was fully
aware of his position, and apparently prepared to meet his fate
quietly.
Mr. Howard to Mr. Lewis
Sir: David Williams, the prisoner, was
brought from the British jail by my self and Mr. Williams,
consular constable, last evening, at about the hour of 6
o’clock, as directed by you. The transfer was effected without
the knowledge of any, except those immediately concerned. He was
placed in my own room in a bed made on the floor. He seemed
quite strong and not averse to talking. The Rev. Mr. Thompson
saw him when he was brought in, and Williams told him that he
was ready to die. About half past 7 he asked if he could see
Carrol, who was in the room below. I said, “yes,” and brought
him up. They talked about their old comrades, and Williams
wondered that so many men who had committed crimes should go
unpunished, while he was so hardly treated. He said, “that it
was not proven that he had killed either of the Chinese; the
statement of one of the witnesses, that three men who came on
board had each killed a man, was a mistake. One man shot two,
and another shot a third.”
My impression was that he meant that he was the person who killed
the two Chinamen. He also said, that if he had known as much
then as he did now, he would have shot the French captain, as he
had a fair chance to do.
There was more conversation, but the substance of the whole is
given in the above. Afterwards, about 9 o’clock, he turned in,
smoked a pipe and went to sleep, and slept quietly most the
whole night. About 6 o’clock Mr. Williams awoke me, and said the
prisoner had burst a blood vessel. I went to him, and saw that
no blood had come from his mouth. I then raised his head, and
found a wound a little forward of the left ear. A moment after I
found the knife. It is an old three-bladed penknife, with the
small blades broken out; the remaining blade was worn round at
the point, but had been brought to a keen edge, as if it had
been whetted upon a stone. He lived nearly an hour; he said no
word, and did not even groan, or make a movement of any kind,
except twitching of the face and eyes. Mr. Williams had been in
the room and passed out immediately before the act was
committed. He was not absent more than two, minutes, as he tells
me.
The matter was duly reported to yourself, and by your direction
to Dr. Boone, but the man was beyond being helped.
Very respectfully, your obedient servant,
E. HOWARD, United States
Marshal.
[Untitled]
I hereby certify that I have examined the corpse of D. Williams,
who had been sentenced to death, and pronounce that he committed
suicide by cutting his throat.
[Page 395]
[Untitled]
On Tuesday, 1st of March, I was called about 6 a. m. to see the
murderer, Williams. He was lying in a pool of blood and was just
dying. The wound which caused death was on the left side of the
neck, and had severed the principal arteries.
