No. 173.
Mr. Seward
to Mr. Evarts.
Legation of
the United States,
Peking, July 5, 1880.
(Received August 27.)
No. 718.]
Sir: I have the honor to hand to you herewith a
translation of a note which I have received from Prince Kung, inclosing a
copy of an important edict in the case of Chung How, late Chinese minister
to Russia.
[Page 287]
I am informed, on what seems to be good authority, that the Kuldja question
and Chung How’s case have recently been made the subject of the
deliberations of a council of state at this capital. One of the results of
these deliberations is the decree given herewith. I learn further that a
wide difference of opinion was manifested in the council between the members
of the so-called pro-foreign and anti-foreign parties in Chinese politics as
to the proper course to be taken in the present condition of affairs, and
that eight of the members of the council, headed by the older brother of
Prince Kung, refused to sign the report to the Throne upon which the present
edict is based. The action thus taken indicates a disposition favorable to
peace on the part of this government, and that the counsels of Prince Kung
are again in the ascendency.
The childish condition attached to the suspension of punishment or the pardon
of Chung How that he is to remain in prison until the settlement with Russia
is effected, was probably demanded by Prince Kung’s opponents.
I have, &c.,
[Inclosure 1 in No. 718.]
Prince Kung to Mr.
Seward.
I had the honor to receive some time since a note from yonr excellency in
the matter of the punishment inflicted upon the minister Chung How, to
which a reply was duly made.
His Imperial Majesty the Emperor of China is much concerned lest aversion
and distrust shall grow out of this business, the possibility of which
was indicated in your excellency’s note. His Imperial Majesty therefore,
as an act of special grace, has revoked the punishment denounced upon
Chung How, in evidence of the friendly feeling between China and
Russia.
I beg leave to submit herewith a copy of the imperial decree for your
information, and to express my gratitude to your excellency.
Cards and compliments.
an imperial degree.
As Chung How, sent as our envoy to Russia, violated his instructions and
exceeded his powers, and because the treaty made by him contained many
stipulations which were impracticable, our high ministers of state in
counsel deliberated upon his offenses and decided that he should be
decapitated after the autumn assizes as a punishment befitting his
guilt.
But now we hear from without* that this matter is discussed and that many are
of opinion that the punishment of Chung How on the part of China
reflects upon the dignity of Russia. This is very far from being the
design of the Imperial Throne. China has been upon a footing of amity
with Russia for more than two hundred years, and it is assuredly our
desire that this may continue to the end of time, and that the amicable
relations of friendly states may not be destroyed.
Chung How, in obedience to our mandate, acting as our minister, without
deliberate and careful negotiations with Russia, recklessly gave assent
to stipulations which China cannot fulfill. He has brought his
punishment upon himself.
The Throne deals with him according to the statutes, and maintains that,
in thus acting, the laws of China deal with a minister of China, and
that Russia is not affected in any way.
But we fear that, as the report of our action must travel to a great
distance and be transmitted from one to another, the real motives which
have prompted the conduct of China in this business may not be perfectly
understood; that aversion and distrust may spring from a misapprehension
of our motives, and that friendly relations will be unavoidably
interfered with.
[Page 288]
We, therefore, acting outside of the statutes, and as a special mark of
grace, remit temporarily the sentence of decapitation after the autumn
assizes passed upon Chung How. Let him, however, he detained in prison
until the Marquis Tseng shall have reached Russia, and it shall appear
how the matters at issue may he adjusted, when a further decree in his
case will be made known.
Let the Marquis Tseng upon the receipt of this decree inform the
Government of Russia that the sentence of decapitation passed upon Chung
How has been temporarily remitted, and let him state that in this act is
to be seen an evidence of the friendly sentiments of China towards
Russia.
In the treaty stipulations which he must negotiate, let him deal with the
business and reach a satisfactory solution, in accordance with our will
as already expressed to him.
Respect this.
