Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress, Part I
Mr. Williams to Mr. Seward
Sir: Referring to my despatch No. 33, of 21st May, I have now the honor to send you a series of documents connected with the events mentioned in it, and the arrest and trial of the men who attacked Mr. Knight at Niuchwang.
The first two (enclosures A and B) contain the report made to the Foreign Office by the local authorities, who, as usual, contrive to give a distorted account of what happened, that their own helplessness and dilatoriness might not appear to their superiors, with my reply correcting its errors. The next (enclosure C) is Consul Knight’s report of proceedings with the authorities, and his letter (enclosure D) to those who composed the court held at Yingtsi to try the prisoners; but it seems to me unnecessary to send you copies of any others of the enclosures referred to in his report, as that contains all the important facts. The last (enclosure E) is my despatch to Prince Kung, requiring that the decision of the court be carried into, effect.
From all these papers you will perceive how difficult a task the Chinese government finds that it has undertaken in engaging to carry out the provisions of the foreign treaties with such inefficient means as it has at command in its provincial officers, and how the evidences of weakness in every part of the administration multiply. Yet, I believe that foreign nations are doing the best thing for this government by urging the execution of its treaty obligations and helping it to do them. The people, who on the whole are industrious and peaceful, and continually deriving benefits from foreign intercourse, form the basis of encouragement to those who would reform and invigorate a prejudiced and ignorant class of ruler.
Mr. Knight speaks again of the important aid rendered him in his interviews [Page 547] and correspondence with the officials by Mr. Davenport, whom I mentioned in my other despatch. Me also aided Commander Townsend at Tangchau and Chifu. I can but again express my own strong hope that the United States government will ere long also have an efficient body of interpreters in its consular service in China.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
A.
Prince Kung to Mr. Williams
Prince Kung, chief secretary of state for foreign affairs, herewith sends a communication:
I have very recently received a despatch from the commander-in-chief of the province of Shing King, in Manchuria, enclosing the following report from the military and civil magistrate at Niuchwang:
“On the 31st of March last, a man named Chin Hi Shing had an altercation with another native called Change Tuh Tsze, a coolie employed at Messrs. Knight & Co.’s hong, whom Chin had asked to return a fur jacket formerly borrowed of him. High words passed between them, and finally they came to blows, when Chang went and brought up four foreigners to help him, who thronged the door, seeking to join the brawl and firing off their guns. This caused Chin and his party to use their weapons and defend themselves, whereby two of the foreigners were wounded.
“The district magistrate of Hai Ching had seized one of these men, named Fang Ching, and was actually examining him, when Chang-Tuh-Tsze appeared, having stirred up Mr. Knight, the United States consul, who came with some other foreigners, all armed, to the office to represent the circumstances which had taken place. The magistrate thereupon readily promised to take immediate measures to arrest and punish the offenders severely; but not long after they had left him, one of the village constables came and reported that over twenty foreigners had come from the eastern end of Yingtsi to find the residence, of Chin, where a brawl had occurred in which a native named Tsui had been shot dead, and four others wounded, one of whom named Tsau was likely to die from his wound. The magistrate thereupon went to the spot to learn the facts, and ordered his policeman to arrest Chin and all his party without fail.
“Most unexpectedly the consul, accompanied by forty or fifty foreigners, all armed, then came to the office to see him, and insisted that he should burn the house where Chin lived. He again and again tried to dissuade Mr. Knight from this proceeding; but they would not listen to his remonstrance, and constrained him to go with them to the place on the 2d of April and order Chin’s houses to be torn down. This did not satisfy them altogether; but the magistrate at last was able to stay further demolitions and get them to disperse. He has since arrested four of the party, named Chang, Wang, Kan, and Chu, and now reports the affair for my action.”
I have also received another report (says the commandant) from the collector of customs of the Shanhai collectorate, who tells me that he has had a personal interview with Mr. Knight, who had requested him to ask the commander-in-chief at Mukten to have a special officer sent to Yingtsi immediately to inquire into and settle this matter.
On receiving the above despatch, I recurred to the 18th article of the treaty with the United States, which says, “If individuals of either nation commit acts of violence or disorder, use arms to the injury of others, or create disturbances, endangering life, the officers of the two governments will exert themselves to enfore order and to maintain the public peace by doing impartial justice in the premises.”
Now, in the present instance the dispute of Chin and Chang was wholly between two natives at first, and even when the latter had obtained the aid of foreigners to go with him to the other’s house, it was nothing more serious than a brawl between natives and foreigners; hut when Chang had incited Mr. Knight to bring a posse of men with him, who fired their guns in the melee and killed the man Tsui, and superadded to this by forcing the district magistrate to demolish the houses in the presence of the people, it was going too far. If such a wide departure from justice is allowed, how can the provisions of the treaty be upheld and the minds of all conform to them?
However, since I hear that Mr. Knight has requested that a suitable and discreet officer be sent to Niuchwang to inquire into this affair, I have made known to the commander-in-chief [Page 548] and mayor of Mukten, immediately to select an officer of energy and ability and send him to that place to join with the collector in investigating this thing to the bottom, and decide it as soon as may be with the least favoritism and delay.
I will accordingly await the reception of the report from the officers in Shing King in respect to it, when the whole circumstances will be made known to you, and now content myself with informing your excellency of what has been done, that you may make it known to the consul for his guidance.
His Excellency S. Wells Williams, United States Chargé d’Affairs.
B.
Mr. Williams to Prince Kung
Sir: I have the honor to acknowledge your highness’s despatch respecting the affair at Niucliwang, in which Mr. Knight is charged with having led on some foreigners, who caused the death of a Chinese by firing their guns, and after this had some houses pulled down; and to state, in reply, that I have recently received the following report of the occurrences from the consul.
“On the 31st of March I found that one of my servants was absent from the house; and on inquiring learned from the others that he had been seized by the sword-racks for some cause or other unknown to them. Having great doubts about their statement, I deemed it advisable to go and inquire for myself into the matter, and took three countrymen with me. We had reached the neighborhood of a temple called Lau-ye-miau, when I met my servant coming towards me, but his replies to my demand where he had been were so confused, that in order to ascertain more clearly the reasons why he had been seized, I compelled him to go back with us to show me the house. We had just come to the corner of its wall, when out rushed several men armed with swords and guns, from two opposite doors, and came at us firing their guns when not over fifty or sixty feet distant. Their fire wounded three of our party.
“Finding ourselves attacked by these ruffians in this unprovoked manner, and having no means of defending ourselves against them, I instantly turned back, dragging and supporting one of the wounded men as well as I could, down to the river-side, where the sword-racks stoppped their pursuit of us.
“As soon as I reached my office I wrote an account of the attack to the collector of the port, demanding that they be instantly arrested and punished. After some hours a reply came, but it was so unsatisfactory, and being afraid also that there might be no means of identifying the criminals when taken, I decided in the afternoon to visit the district magistrate at his office, there to explain all the circumstances. I was escorted by several foreigners, armed, and accompanied by Mr. Davenport, the interpreter of the British consulate. This magistrate begged me to exercise some patience, and he would do all he could to arrest and punish my assailants.
“After we had left his office we decided to return by the southern street, the streets everywhere being quiet, in order to look for a small dog that had been missing since morning, but of the residence of these sword-racks I was totally ignorant. Presently we noticed an armed horseman following us, whom I recognized as one of the men who had pursued me in the morning. Fearful lest there might be persons concealed in this street, I retraced my way a short distance and took the northern street. We had not gone far when we saw a man on a house-top pointing a gun at us, and then recognized the house as the place where the sword racks lived. There was now no other way but to go on; and we had just reached the opening of a cross-street, when a body of men came rushing down and firing their guns in quick succession directly at us. There was no alternative but to reply to it; and from its results we were able to go the rest of our way home without molestation.
“The next day the district magistrate came to see me, when the British and Prussian consuls being present, we learned, after a good deal of questioning, that he had allowed the sword-racks to escape during the night. We all then urged on him the propriety of destroying their houses entirely, in order to serve as a warning to all lawless miscreants for the future.”
From the preceding narrative of the consul respecting this affair, it is fully shown that when the first attack was made on him he had no arms with him to use against the assailants, and further that the foreigners in the second instance did not fire until they were attacked. The demolition of the houses was done after a long conference with the district magistrate in company with other consuls. and that official was not at all forcibly compelled to do it. The commencement of the affair was simply that Mr. Knight wished to ascertain why his [Page 549] servant had been seized, and this servant by no means had been inciting his master to come and take his part in the quarrel.
Your imperial highness now informs me that you have directed that an able and energetic officer be immediately sent to Yingtsi, with powers to sift this affair to the bottom, and decide it, according to justice, and shall inform Mr. Knight, that he may be prepared to join in the examination of the case.
I have the honor to be, sir, your highness’s obedient servant,
His Imperial Highness Prince Kung, &c., &c.
C.
Mr. Knight to Mr. Williams
Sir: I have the honor to acknowledge the receipt of your despatch of the 16th ultimo in reply to mine of the 15th of April, with enclosures, referring to the attack made upon myself and others by the sword-rack Chin and his band.
I have now the pleasure to inform you that the United States steamer Wachusett, Commander Robert Townsend, arrived at this port on the 5th ultimo, despatched hither by Admiral Bell immediately on learning of the attack above mentioned, with instructions to investigate the case, demand the punishment of the criminals, and secure the future immunity of American officials, and also of all American citizens, from similar high-handed assaults upon their persons and upon their lives.
I regret to say that up to that time, owing partly to the presence of a number of banditti near here, but principally to the bad management and utter want of co-operation of the local officials, I had not received any communication regarding the arrest of the criminals Chin and others, neither could I induce any of the magistrates to visit this port with such a view. Indeed the place had been utterly without saw for amonth, and completely under the control of these armed sword-racks.
The growing urgency of the case, together with the important circumstance of Captain Townsend’s arrival, rendered it imperative that; I should take some measures to force the local officials to act, and agreeable to my request I received a visit in the afternoon of the 6th ultimo from his excellency Ching, his imperial Majesty’s superintendent of customs, who was the only official in the place, Captain Townsend being present.
The result of the interview was simply this: his excellency Ching informed me that although his position at this port was nominally as superintendent of customs, he has received powers from the Foreign Office enabling him to confer with the local officials with a view to spur them on to a correct performance of their duties that in the matter of arresting the ruffians Chin and others, he has repeatedly written to district magistrate Hao, before his departure from Haiching, also to Wu, the district magistrate of Kai-chou, urging them to move in the matter as the simplest law and justice required, but that these gentlemen had not replied or noticed his letter in any way.
He confessed with regret that I had every ground for complaint, and that he was confident the local officials must suffer when the facts were made known to their superiors at Peking; but as he had now taken every step in his power, haying neither force nor authority to make arrests, all he could do further was to forward, according to my suggestion, a despatch from me to his excellency the governor-general of this province, representing the existing circumstances, and requesting that a competent officer be instructed to proceed to this place who shall have authority to arrest and punish my assailants.
Accordingly, on the following day, May 7, I addressed his excellency Ching despatch No. 88, copy of which I beg to enclose; also copy of Captain Townsend’s letter which accompanies mine. All that remained then to do was to patiently await the arrival of the governor general’s reply, or his representatives.
Although I continued to hear indirectly that one of the Chin brothers and five others had been arrested at Haiching, I received the first official communication of the fact on the 15th ultimo, in a despatch from Chu, then acting magistrate until Wu arrived to full Hao’s place, which informed me that one of the Chin brothers had given himself up for trial. I enclose copy of my despatch No. 90.
On the 5th ultimo I wrote to the four local officials, informing them of the arrival of the United States steamer Wachusett, and requesting them to visit this place at their earliest convenience on matters of mutual importance: but as only one, his excellency Yuh, his imperial Majesty’s commandant of Niuchwang, has replied, and since rumors had reached me that unfaithful accounts of the attack on myself had been forwarded to Peking, I thought proper again to address the four local officials, as per despatch No. 93, copy of which is also enclosed.
From this date till the 29th ultimo nothing of importance occurred. The quietude of the [Page 550] place may, perhaps, be attributed partly to the presence of five hundred imperial troops who arrived from Tientsin on the 30th ultimo, (the evening before the Wachusett,) but the real gratifying feeling, of security often expressed by the native people is owing to the stay of the United States steamer.
I am sure it will afford you much pleasure, sir, as it has satisfaction to myself, to learn that while awaiting some action on the part of the governor general at Monkden, Captain Townsend kindly offered to survey the bar at the entrance of this port, and place in position two buoys which I had purchased by permission of Mr. Inspector General Hart.
The work is now accomplished, and a great boon conferred on this port and those interested in the coasting trade of China, which I am confident will also be duly appreciated by his imperial Majesty’s government.
On the 29th ultimo I received a visit from his excellency Ching, his imperial Majesty’s superintendent of customs; Yu, his imperial Majesty’s commandant of Niuchwang; Wu, his imperial Majesty’s district magistrate of Kaiping; Yuh, his imperial Majesty’s district magistrate of Kaichau; and Kuei, an officer, who informed me he had been instructed by the governor general to proceed to this place to assist in investigating the case of attack in question. The superintendent, Ching, commenced by saying that he had written to his excellency the governor general as he promised, and the result was, that those present were specially empowered to investigate the case, and only now desired to know what course I wished them to pursue; that District Magistrate Wu had arrested one of the brothers Chin and five others, who were in prison at, Haiching. To make certain that all were conversant with my version of the affair, I produced a copy of my despatch to District Magistrate Hao, and then informed them that I demanded the immediate arrest of the Chin brothers, and all others of my assailants, and their trial and public punishment at this place. In reply to their many questions and arguments, I told them that they could not regard more than myself the trouble this matter caused to all concerned, but that I was confident it was the only case on record of a dispute between Chinese and foreigners where there was not something to be said for both sides; but that, in this instance, argue as they would, I had the entire right on my side in every particular; that the insult offered to the representative of the United States and wounding of his countrymen was of so grave a nature that my government was bound to demand and obtain satisfaction; that the delay which had occurred, in at least the arrest of the criminals for trial, has made matters worse, and that many an official had of late been degraded from rank for far less want of tact and ability; that it was useless to ask me how many men I wanted arrested, or their names, for thousands in the town knew them; but if such information was necessary, which I very much doubted, they could either inquire of the occupants of the houses in the sword-racks’ neighborhood, ask his excellency the commandant of volunteers, or compel the one brother Chin and others under arrest to disclose the names of their associates. I then learned that it was the duty of District Magistrates Yu and Yuh, of Haiching and Kaichow, to make the arrest, saying that I had heard that they had no prison here; but if such were the case, the prisoners could be placed on board the United States steamer Wachusett; that, with 500 imperial troops, they could not plead want of force; or in such want, Captain Townsend had already offered his assistance.
After a long conference, the character of which you will readily comprehend from your long experience with these people, I would call your attention to the fact that not one argument was offered against my right in the matter. The only objections put forward seemed to be efforts to avoid if possible arresting the most noted ruffians.
They asked if I had any objections to their trying the six criminals already caught. I answered, not the slightest; but continued to demand the arrest of others, who were this moment in Yingtsi, riding about armed, and had publicly boasted that the mandarins could not take them.
I am now glad to say that the interview resulted in my entire refutation of every argument or objection they had, and a promise on their part at once to effect the arrest of the three brothers Chin.
At this moment of writing I am glad to say I have received a communication informing me of the arrest of another brother Chin, and have hopes that others of the band may be taken.
In reference to your excellency’s despatch now under reply, I am anxious you should know that the destruction of the sword-racks’ houses has never been once referred to or mentioned since by any of the authorities at one of our interviews. It was distinctly understood at first that the destruction of their den was but a slight and primary step towards the fullest punishment they so thoroughly deserved. But among all the extraordinary excuses ever offered by men anxious to find a way to avoid doing their duty under difficulties, the local mandarins have never thought of placing the matter of two mud buildings against so outrageous an insult. The cost of the buildings was a mere bagatelle to the sword-racks, who have ample ill-gained means, and the demolition served only as a warning to the poorer coolies when tempted to join such bands.
In regard to the details of the case, none other can be offered but mine. The scoundrels cannot deny having fired upon me in the morning in the open street, before I had reached their houses, or they had the slightest idea of my intentions or destination. The attack in [Page 551] the afternoon was simply graver in character, from the fact that I was clad in my official dress, for the ruffians, without doubt, knew in the morning I was a consul. Again, in the afternoon, they not only fired the first shot, but discharged at least a dozen jingalls and matchlocks before I had made the slightest demonstration; and subsequent examination of the spot has convinced every one how closely we were set upon, the walls and houses being quite battered with shot and ball.
I quite regret now not having forwarded a list of the wounded; but as every one was under medical treatment, I propose to enclose a statement from Dr. James Watson.
Of the results of our firing there were so many reports afloat I thought best to await any statement on my part; but I now learn from the authorities that we killed one on the spot, another died the next day, and that four are yet confined to their beds with wounds. It should not be forgotten that these killed or wounded were but poor coolies, who came to the front, while the cowardly leaders escaped by dodging behind the walls, and are able to continue their former old habits of life with greater insolence.
The intimation that a large supply of fire-arms had been brought to Yingtsi is utterly untrue and easily refuted. During the time that this port was threatened by outside banditti in April last, there were not a sufficient number of rifles belonging to foreigners to arm every man, so that I was compelled to borrow from Mr. Meadows, her Britannic Majesty’s consul. six of her Majesty’s Enfields; and knowing that every native in the place that could be induced to carry weapons during the panic was stationed behind earthworks and redoubts surrounding the town, I, with others, made repeated visits to their camps, in order to ascertain how many foreign guns they had, and nay safely say that one dozen old ships’ muskets, nearly useless, were all that we could find.
The “Chin” band had, during their attack on myself, one double-barrelled fowling-piece and two brass blunderbusses of foreign manufacture, which, I am told, were loaned them by the noted sword-rack Hoo, the greatest rascal in the province. But I have since issued a circular to those under my jurisdiction, declaring the heaviest penalty to ship-masters, and deportation to residents, known or convicted of selling foreign arms to Chinese.
I have no hesitation in saying that this affair of mine with the sword-racks may be of the very greatest benefit to this port.
Matters are now brought to some issue; a slight quarrel has already occurred between the imperial troops and the sword-racks, in which one of the latter was soundly bambooed, and it is to be hoped that, as the local mandarins have it in their power, they will join in one united action toward the suppression of these bands.
I hope, with the presence of the Wachusett, I shall finally succeed in having nearly all my assailants arrested and tried at this port; but what is of far greater importance, if foreigners are to reside here, is their public punishment in this place, and to this aim I would draw your earnest attention.
The authorities at first intimated that orders must come from Peking before they could punish these men; afterward they admitted that the governor general could control such matters; but I have throughout refused to believe such to be the case, and have told them repeatedly that had the offence been committed against one of them the man would have lost his head without any trial.
It is really of the very first importance that these men should receive their punishment in this place, both that these people may be terribly warned in future against pursuing a lawless course of life or interfering with foreigners; and I sincerely hope to learn that the foreign office may be just enough to concede this point, and forward orders to such effect without loss of time.
Regarding the claim for 2,000 taels as indemnity to those who have suffered severely in pain, expense, and loss of time, the feeling here is general that the amount named is too little.
It is with the greatest regret that I have to inform you that one of the men who accompanied me on the day when the houses were demolished was accidentally shot by the discharge of a gun, wounding him so severely it was found necessary to amputate his leg. Although this man did not receive his wound directly from these sword-racks, it nearly amounts to the same thing, as his presence with others was thought necessary to the consul, and he was at the time virtually watching American lives against ambush or surprise.
The amount claimed, 2,000 taels, I wish to divide among the poor fellows who have suffered, proportionably to their wounds and position in life, and am confident that unless I am able to gain this simple act of justice from the Chinese I cannot again ask my countrymen to come forward on a similar occasion. Men cannot be expected to risk their lives in defence of the American flag or for the general safety of the community if they are to be left uncared for when wounded; and if all these occurrences are brought about through the negligence of the Chinese they should be made to pay.
It has been my desire when writing complaints against the authorities of this place to conclude with the suggestion of a remedy, according to my just judgment, and now that I am familiar with the local circumstances, I am confident the following arrangements are imperatively necessary toward the better government and consequent improvement of trade at this port:
First, the establishment of an officer who will reside permanently at Yingtsi, who will exercise [Page 552] judicial powers, more especially in all matters relating to foreigners, over the inhabitants of this town and those of the neighborhood within a circuit of twenty miles, and who will be the equal in rank of the treaty consuls.
Second, the retention here of 500 disciplined troops, who will be directly under the orders of the officer above referred to.
Third, the determined suppression of the sword-racks, or avowedly lawless classes. The leaders, some ten in number, could easily be arrested, and the fire-arms of the various gangs, which are stored in the houses of the former, could without difficulty be seized by the troops now stationed here, and the capture of their chiefs, the loss of their arms, and the knowledge that any attempt on their part to revert to their habits of extortion and cruelty must entail prompt and severe punishment would effectually prevent the subordinates from pursuing such a course. To arrive at this last result, all that is required is the display by the government of a little moral courage. The sword-rack organization, recently, has been assuming more formidable proportions; but in previous years the local authorities could at least plead the absence of all means of suppression Now, this excuse is no longer available, and if, notwithstanding the presence of what there is every reason for believing to be an orderly and well-led body of soldiers, ruffians who have been repeatedly guilty of murder, and of murder aggravated by the most hideous cruelty, are still able to carry on their outrages, to parade as they do at the present day the streets as well clad as the wealthiest merchants, to boast of the dread they generally inspire, and of the influence they exercise over officials of high rank, his imperial Majesty’s representatives at this port need not be surprised if they are accused of complicity in the crimes of these men. The innovations now proposed would unquestionably result in a reduction of expenditure. The incomings of the superintendent of customs would well suffice for the officer whose appointment is suggested, and who might unite in himself the two functions, while, were the sword-racks suppressed, there is good reason for believing that at least two-thirds of the 20,000 taels annually required for the maintenance of the disciplined garrison would be willingly provided by the shopkeepers, merchants, and owners of warehouses, who now suffer not only pecuniarily, but sometimes in their family honor, and not unfrequently in person, from the daring of these bands.
As the bearer, the steamer Japan, goes directly to Tientsin, I am glad to think this will reach Peking in four days, and trusting, sir, you approve of my suggestions that the foreign office should transmit orders to the local mandarins here to the effect that the Chin family shall pay an indemnity of 2,000 taels, and that the men convicted of the deadly assault on myself and others shall receive punishment at this port, I shall feel extremely obliged if you will forward your reply and advice as, soon as possible, per courier, overland, that it may reach me in about sixteen days from date, which is as long, I fear, as I can persuade Captain Townsend to remain at this port.
I earnestly trust, also, that his imperial Majesty’s government may see the force of my proposed arrangements toward the better government, and consequent improvement of trade ere, as I am certain no other plan will ever make this a safe place of residence or effectually improve the commerce of the port, which is now in a very unsatisfactory state.
I have the honor to be your obedient servant,
His Excellency S. Wells Williams, Chargé, d’Affaires of the United States, Peking.
D.
Mr. Knight to Ching et al
Sirs: Having had the honor to be present during the trial of Chin Hi-Shing and seven others, who were arrested as implicated in a deadly assault on myself on two occasions, on the 31st of March, it affords me much pleasure to testify to the great fairness, forbearance, and justice displayed throughout; and I now beg to thank you for the serious care and attention you have bestowed during the investigation, and for a sealed copy of the evidence adduced.
While I have been desirous that the Chin band should be brought to deserved punishment in a body for the insult offered to the United States government in the murderous attack made on its representative, I feel that I am but doing my duty in demanding that they should also suffer in estate, and in advancing the claim for damages against them of my countrymen and others, whom they wilfully wounded and prevented for a time gaining their livelihood. There were seven, including myself, of my party wounded, but damages are only claimed for five, who, besides suffering great pain, were incapacitated for work for upwards of a month, during their busiest season. They complain that their season’s prospects have greatly suffered, [Page 553] and call upon me to assist them. I have carefully considered their several claims, and after reducing as much as possible, find that it will require 1,500 taels to justly satisfy them.
In my despatch of the 21st ultimo I had the honor to request the arrest of three noted sword-rack ruffians, known as Hu Tai, Bu Lau-san, and Hu Lau-sz, charging them with being accessories before the fact to the assault on me and others. During the interview at my house on the 20th Captain Townsend informed the commissioners and district magistrates that he had waited a long time for the imperial authorities to mete out justice in this case, and that after waiting a few days longer for them to make arrests, he should feel that they were powerless against the sword-racks, and that it was his duty to arrest them himself in order to trial.
After three days, Yuh and others informed me that no arrests had been made, and that the difficulties were so great that Wu, the district magistrate of Kai-chau, whose duty it was, had become crazy. This was thought sufficient, and on the morning of the 25th ultimo Captain Townsend ordered a body of men and officers to be landed from the United States steamer Wachusett, who proceeded to the house of the Hu family and arrested Hu Lan-sz and twenty-one others. A large number of weapons found on the premises were also taken, but nothing else was molested.
Although Hu Tai and Hu Lau-san are yet at large, the twenty-one followers of the Hus have been released to you at your earnest request and promise that they should be kept in safe confinement until some investigation had taken place. Since then, at a number of interviews, you have urged that Hu Lau-sz (a brother of Hu Lau-san and father of Hu Tai) be also delivered to you. It has been my opinion, as well as Captain Townsend’s, that it would be impolitic to accede to this request; for we think that the sword-rack organization would, with arms superior to your own, soon effect his escape. The lawless influence exercised over this region by these bands has been often represented to you and at Peking; and the late occurrences render it necessary that at last other measures should be adopted to secure foreigners from insult, in accordance with treaty stipulations.
Although your will is good in this matter, I am nearly sure that you have not the power to proceed against them; and the governor general has refused to let Pan and his troops aid in preserving the peace and executing the aws, so that I feel that we are as unprotected as ever. Nevertheless, since you represent to me that if I take Hu Lau-sz to Peking for trial you will severally and jointly suffer in posision, I have, after earnest reflection and consultation, decided to depart from my first intention, only under the following understanding:
1. That I shall receive a despatch from yourselves, bearing the seals of the collector of customs, and of the four local authorities, stating that you are strong enough to hold this Hu Lau-sz from any attempts on the part of his band, and will retain him in prison until your superiors at Peking, in conjunction with the United States minister, shall have given you instructions in the matter.
2. That you will arrest the sword-racks Hu Lau-san and Hu Tai, with a view to their trial as accessories before the fact in the assault on me; and to eventually disperse these bands of men who take the law into their own hands.
3. That Pan, the colonel in command of the imperial troops, has consented to render all necessary assistance towards the safety of Hu Lau-sz; arrest of the other Hus; and general protection and quietude of this port.
4. That the sum of 1,500 taels shall be deposited in my hands as damages in favor of those who were wounded, to remain undistributed by me until the amount is approved by the foreign office, and the United States minist sr at Peking.
In conclusion, I can only say, that this is my final decision in regard to the disposal of the prisoner Hu Lau-sz; and as I shall sail tomorrow in the Wachusett for Peking, I trust that you will have fully determined upon your course, that all may be satisfactorily settled at the interview this afternoon.
The present moment does not admit of arguments setting forth treaty stipulations, but the exigencies of the case have often been explained to you by Captain Townsend and myself; and in case I am obliged to refer to Peking, the same facts shall be represented there from the different legations.
I have the honor to be your obedient servant,
To Ching, His Imperial Majesty’s Collector of Customs;
Yuh and Kuei, Special Commissioners;
WU and YU, District Magistrates, wish
Tsai and Kwoh, Commandants of Kui-chau and Niuchwang.
E.
Mr. Williams to Prince Kung
Sir: On the 25th of May last I had the honor to receive your imperial highness’s despatch, in which you informed me that you had directed some efficient officers to go to Yingtsi, and [Page 554] there investigate and settle the affair of the American consul; to which I replied on the 1st ultimo. I have now to acknowledge a note from the foreign office of the 16th instant, in which the proceedings of Mr. Knight, in arresting twenty-two men by means of foreign soldiers, and taking them to the man-of-war, are referred to, with the request that he may be directed to deliver them over to the authorities, &c.
I have recently received the following report respecting these events from the United States consul at Niuehwang:
“On the 23d of June I attended, with Captain Townsend, of the Wachusett, at the court, where Ching, the collector of the port, and Yuh and Kuei, the special deputies, were assembled, with the local authorities, to try the case, at which time my servant Chang, and seven men in all, of the Chin family, were examined. The fifty or sixty marines present were there by the consent of the officers as spectators, and to do honor to the occasion. The man Chang was first tried, and it was proved that he had not stirred up the quarrel to get back the borrowed fur coat, and then led on the consul to attack the house, as he had been accused; but five of the other prisoners directly confessed that they had fired on the consul and other foreigners in the open street, on the 31st of March, who had given them no provocation. It was also generally known that Chin Hi Shing and his fellows were sent out on this business and supplied with arms to fire on the foreigners by one Hu, who is a leader of the sword-racks. The officials were quite willing that he and his bands should be arrested; but they said that they were afraid that they had not force enough to do it. Two or three days having passed and no arrests having been made, it was deemed best by Captain Townsend to do it, as the last clause of article eleven of the treaty permits arrests in order to trial to be made either by the officers of China or of the United States.
“During the night of the 26th of June he accordingly arrested Hu and others, twenty-two men in all, and took them on board ship, and immediately informed the authorities that he was ready to hand them over for trial, and to deliver up all the arms and guns he had seized in their house. In a few days he did send twenty-one of the prisoners and the weapons to the officials, who were to examine and try the men, but he still retained the leader, named Hu-sz, on board ship. About the time that the Wachusett was to sail Captain Townsend and myself agreed upon the following heads with the collector of the port and the deputies, as the basis on which the trial and arrests should be settled: 1st that the leader, Hu-sz, should be handed over to the local authorities, who engaged that he should not escape from their hands; 2d, they agreed further to arrest the two other leaders of the sword-racks, named Hu Tai and Hu Wu; 3d, that as it had been proved on trial that four foreigners had been wounded in the attack, one of whom had had his leg amputated, it was agreed that a compensation of 1,500 taels should be given them. All the local authorities have agreed to these points.”
From the preceding statement I am quite convinced that the collector, Ching, and the deputed officers, Yuh and Kuei, have examined and decided this case in an equitable and just manner. The prisoner Chin Hi Shing and his four accomplices have confessed that they fired at the foreigners, who had given them no provocation, with the intention to kill them; and as the matter has been unravelled and sifted to the bottom, it only remains that they all be summarily punished according to law.
As to the compensation of 1,500 taels which the officials agreed should be paid to the wounded men, it will be entirely in accordance with the precedent recently given at New Chwang in the case of a British subject, who was fined 500 taels for accidentally wounding a Chinese; and I have therefore to request that it be immediately paid to them and the case settled.
I have the honor to be, sir, your imperial Majesty’s obedient servant,
His Imperial Highness Prince Kung, &c., &c., &c.