Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 9, 1891
Mr. Denby to Mr. Blaine.
Peking, August 29, 1891. (Received October 10.)
Sir: In my dispatch No. 1368, of August 14, I inclosed a copy of a communication sent by the foreign representatives to the foreign office relating to antiforeign outrages in China.
I have now the honor to inclose a translation of the answer of the foreign office to that dispatch, bearing date the 22d instant, and a copy of the reply of the foreign representatives to the communication of the yamên, bearing date the 26th instant. It will be seen that the foreign office takes up, seriatim, the points made by the foreign representatives and undertakes to answer or explain them away.
These explanations not being satisfactory, further representations are made in the paper set out, which may be summarized as follows: Guaranties against a recurrence of similar outrages must be arranged by the Imperial Government and not by the local authorities; the reasons given for delay in circulating the imperial edict are not satisfactory, important parts of the edict have been omitted in publishing it; there has been negligence in punishing the rioters and the publishers of defamatory placards; if these riots had been against the Chinese and not against foreigners, great diligence would have been used in suppressing them. The foreign representatives then repeat their demands that the edict be immediately published all over the Empire; that the rioters be arrested and punished; that official reports be made to the foreign representatives of the doings of the local officials; and that publication thereof be made in the Peking Gazette. The yamên is informed that no discussion will be permitted as to the conduct of native Christians until sufficient guaranties are furnished of the future protection of foreigners. I hope that you will find these demands reasonable and proper. In view of the serious outrages that have been committed over a large part of China, they seem rather moderate. The well-established Chinese idea is that there is nothing to do after a riot except to order the local authorities to pay damages. The whole affair is thus withdrawn from imperial cognizance, and nobody suffers but the local officials. As they contrive to squeeze the amounts paid as indemnity out of the people by small exactions, it does not appear that there is much risk to run in getting up riots. At the present time, however, the representatives of the foreign powers are thoroughly aroused, and the payment of indemnity will not be accepted as sufficient satisfaction for the wrongs committed.
I have, etc.,
The tsung-li yamên to the foreign representatives.
Upon the 12th instant the prince and ministers had the honor to receive a joint note from the foreign ministers respecting the recent outrages, wherein they remarked that the Chinese representatives in Europe had by order of their Government stated officially to the governments to which they were accredited that executions had taken place, etc. Their excellencies also made certain observations and requested that the provincial authorities be directed to act in accordance therewith and that a reply be sent to the note under acknowledgment, etc.
[Page 428]The prince and ministers would make the following observations to the points raised:
With regard to the question raised re the immediate promulgation, everywhere of the imperial decree of the 13th June, according to Chinese law or custom, when imperial decrees are issued to be proclaimed throughout the provinces, the provincial authorities must wait until they have received them from the proper board, when they are reverently proclaimed. Hitherto such documents have not been proclaimed upon telegraphic information for fear of mistakes in the transmission of cablegrams. The location of the provinces are not the same, some near and others distant, and the promulgation of the Emperor’s decree would be made earlier in some places than in others; but the officials would not dare to cause delay in the matter. It is a frequent occurrence to give abstracts (of decrees) in official communications and proclamations, but they must be clear and intelligible and not proclaimed in a careless manner. As to the point that severe punishment should be meted out to rioters after trial, the prince and ministers would remark that there is the penal code which governs China in the action to be taken in all cases. If very severe punishment is necessary for crime committed, no leniency in the least is shown. The punishment inflicted on a chief offender would be different to that on an accessory. Take the cases at Wuhu and Wusueh. At both places two of the principal leaders in the riots suffered capital punishment and their heads were exposed as a warning to others—a severe form of punishment. Among the rioters in the Wusueh affair, one has been banished to a garrison for life, four banished for three years, and two banished for one year and a half; while two others have been punished with the bamboo. The punishment meted out in the above cases is as provided by the code, and has received the approval of the consul (?) stated in a note from him. It will thus be seen that no leniency has been shown. As to some of the rioters who are still at large, frequent telegrams have been received from the governors-general and governors of some of the provinces to effect that detectives are on the lookout for them and rewards have been offered for their apprehension. It is necessary that in the arrest of criminals scrupulous care be taken to find the real ones. Another point is raised: that the local officials concerned should be removed from office. To this the prince and ministers would observe that when local officials have failed in the proper discharge of the duties incumbent upon them they should be punished; but this is a matter within the jurisdiction of China herself to determine, and it is for their superior officers to inquire into the matter and take action in the premises. This is the governing rule that has hitherto prevailed in China. The yamên on the 8th of August, in answer to the inquiry made by Monsieur Ristelhueber, charge’ d’affaires for France, informed him of the action taken in the various cases and the officials who had been removed and relieved of their buttons. Upon the 9th of August the yamên received a telegraphic communication from the minister superintendent of southern trade stating that Cheng, taotai of Wuhu, had been dismissed from office, and his place was to be taken provisionally by the expectant taotai, Penghu, who will assume charge of the office on the 19th of August. The former magistrate of Wuhu, Wang, on account of being remiss in the discharge of the duties incumbent upon him, has been removed from office—a punishment he deserved. He has, however, been ordered to assist Mr. Taotai Peng, in order to give him an opportunity to atone for the punishment inflicted upon him. Mr. Magistrate Cha, of Yang, has been denounced to the Throne and degraded. As to the point that the foreign representatives be furnished officially with the reports of the provincial authorities on the subject of the riots, as well as the results of the judicial investigations of the cases of arson, of destruction of property or loss of life, etc., the prince and ministers would observe that in the matter of the riots that occurred at Wusueh, Jukao, Tan Yang, Chiung Yin, and Yang Hu a clew has already been found (and a settlement of the cases will be effected), and a summary of the circumstances attending each has been received by telegram. On a settlement of the other cases having been effected, the governors-general and governors concerned will naturally report the fact by telegram in due course. On receipt of full particulars officially the prince and ministers will then communicate them to the foreign ministers. To the point raised that the measures taken for the punishment of the officials, etc., shall be published in the Peking Gazette the same as other cases, the prince and ministers would state that matters of business submitted to the Emperor by either the metropolitan or provincial officials are published or not in the Peking Gazette, as His Majesty may direct. As to whether the reports of the settlement of pending missionary cases will be proclaimed in the Peking Gazette or not, this is a matter upon which the yamên can not in advance express an opinion. As to the point raised that the Chinese Government shall provide for the due protection of the Christian population of the Empire against attacks and spoliations and shall at the same time guaranty to them the free exercise of their religion, the prince and ministers would observe that the free exercise of the Christian religion by native converts is specified in the treaties. [Page 429] That protection he guarantied to them is also provided for by the treaties. That there are native converts who are not free from faults is a matter known to the foreign ministers. After the cases in hand have been settled, the question of adopting a plan for the better protection of native converts can be taken up. As to converts being insulted, this is a matter that certainly should not cause anxious thoughts. The prince and ministers have thus answered in a clear manner the points raised by the foreign ministers. In a word: friendly relations have 16ng existed between China and the various foreign powers, and in the conduct of international questions China has not evaded her duty. The Government of China is aware of the various missionary cases, and His Majesty has issued his commands that action be taken in the premises. The yamên has not ceased to keep in steady communication, not only in writing but by wire, with the provincial authorities. But as to whether cases can be settled, some earlier and others at a later period, depends on the circumstances attending them, as to their being easy or difficult to manage. This condition of things exists in foreign countries as well as in China. The yamên will from time to time inform the foreign ministers respecting every case where a clew or basis of action for a settlement has been effected. Their excellencies need not continue to trouble themselves and think about the cases pending and press the yamên for action thereon. The prince and ministers would refer to the following instances:
On the 4th of August the yamên received a telegram from the minister superintendent of southern trade stating that Taotai Hwang, of Chingkiang, had reported that in the matter of the missionary establishment at Jukao and the property of the Christians at Fenghi the local authorities had already taken these cases in hand, and they were about decided and settled. This information was laid before Mr. Ristelhueber, chargé d’affaires for France, by note on the 6th day of August. On the 7th of August the governor-general of Hu Kwang telegraphed that, in the matter of the Wusueh case, the chief rioters and accessories have been punished; when further arrests have been made the culprits will also be dealt with. Everything will be satisfactorily conducted to the end that the cases pending may be settled. On the 8th of August the yamên, in a note, informed Sir John Walsham of this. On the 14th of August the yamên received a telegram from the minister superintendent of southern trade that the missionary case at Tan Yang has been arranged by the local authorities and the missionaries; a paper had been drawn up and sealed in the presence of the British consul. On the 15th of August another telegram was received from the same officer to the effect that the cases at Chaing Yin, Yang Hu, and Wusih had been taken up in their order and a settlement of them being arranged. On the same day the yamên received a telegram from the governor-general of the Hu Kwang provinces to effect that the case at “Wusueh is being considered with the consul concerned, to the end that it may be brought to a close. The yamên has strenuously urged the various provincial authorities to bring about a settlement of all cases pending.
As in duty bound, the prince and ministers send this reply for the information of the minister of Germany, and would ask his excellency to make the contents of this communication known to his colleagues.
A necessary communication, addressed, etc.
The foreign representatives to the tsung-li yamên.
The undersigned, representatives of Belgium, the French Republic, the German Empire, Great Britain, Italy, Japan, Russia, Spain, and the United States, have the honor to acknowledge the receipt of the note which his highness Prince Ching and their excellencies the ministers of the tsung-li yamên addressed to them on the 19th instant in answer to their joint note of the 12th of August.
The undersigned have learned with satisfaction that the taotai of Wuhu has been recalled, and that the former magistrate at that port has been reinstated in his post; but they must express their regret that it should have taken nearly two months to convince the Chinese Government of the impropriety of allowing an official so deeply compromised by his own action to conduct the inquiry into the origin and the consequences of the riots.
Before entering on the other subjects contained in the yamên’s note, it is the duty of the undersigned to point out to his highness and their excellencies that while the question of indemnities must almost of necessity have been primarily treated at the spot, that of the riots themselves, of the satisfaction for them, and of the guaranties against a recurrence of similar outrages is one which can be discussed and [Page 430] arranged only by the governments and their accredited agents, and not by provincial and local authorities or consuls and missionaries.
The reasons given in the yamên’s note for the delay in the publication of the imperial edict and the alterations introduced into it in some instances can not be entertained. At a great many places which can be reached by ordinary means of conveyance within a fortnight the edict has been published only after a delay of six weeks or more, while at many other places quite as easily accessible it has not yet been published at all.
The undersigned also beg to point out that it is not of slight verbal alterations they have complained, but of the omission of important parts of the edict, as in the cases of its publication by their excellencies the governors-general at Nanking and Fuchau; and they would remind his highness and their excellencies the ministers of the yamên that imperial decrees are in China invariably quoted with scrupulous exactness.
With regard to the punishment of rioters and officials, the undersigned are quite unable to look upon the action of the provincial and local authorities with the same satisfaction as the yamên seems inclined to do. In the case at Wusueh, where thousands were implicated in the riots and in causing the death of unoffending foreigners, it was due solely to the strenuous and unceasing efforts of foreign officials that some eight or nine persons have been brought to justice and punished. The undersigned, therefore, entirely fail to see what proof of activity or zeal was given by the Chinese authorities on the occasion. Not a single ringleader, not a single author or distributer of the infamous placards and pamphlets, which have done more to create the riots than almost anything else, has been so far arrested or punished. The undersigned have never asked that indiscriminate punishment should be administered or that innocent persons should be condemned without trial; what they have demanded, and shall continue to demand, is that those who are guilty shall not be allowed to escape.
The rumor of the riots has spread rapidly over the whole of China, and in more than one place has been the cause of the issue of inflammatory placards and of men-ances against foreign missionaries and native Christians, which in some cases have been actually carried out.
The undersigned had the right to expect that the Imperial Government would have done their utmost under such exceptional circumstances to bring as speedily as possible to the knowledge of everybody the punishments inflicted for the commission of crimes, so that ill-disposed persons might have been duly warned and the hands of officials thus strengthened.
Had there been no foreigners concerned, had the outrages been committed by Chinese on Chinese, there would have been no lack of energy and activity in dealing with the offenders, and the Gazette would have been filled with the accounts of punishments awarded and rewards bestowed for meritorious services in discovering and bringing to justice the guilty parties; but, as Usual, nothing of the kind has now been done, and, while the reports of successful attacks on foreigners and native Christians have spread over the whole Empire, the great mass of the population has been persistently left, and is still being left, in absolute ignorance of the measures taken to bring the guilty parties to justice.
Some considerations referring to arrests, punishments, and indemnities have, it is true, lately been addressed to some of the foreign legations; but the form adopted by the yamên even for these communications, namely, the semiofficial and not the official one, affords another proof of the evident wish and determination of the Chinese Government to divest themselves of all direct connection with the pending question, and to treat the riots simply as a mere ordinary local disturbance, to be settled by the local authorities when and how they can, rather than as acts involving in the highest degree the responsibility of the Imperial Government itself.
The undersigned can therefore only repeat the demands contained in their joint note of the 12th instant, i. e, the issue at once of telegraphic orders to the provincial authorities for the immediate publication in extenso of the imperial edict at those places where it has not yet been published or not fully so; the employment of far greater activity and energy on the part of the authorities in the arrest and punishment of rioters than has hitherto been shown; the official communication to the foreign legations of the reports received from the provincial and local authorities on the disturbances, with the result of subsequent inquiries; and the publication in the Peking Gazette without delay of the punishments so far inflicted or to be inflicted upon rioters and officials, with the reasons for these punishments, precisely as would unquestionably have been done if the case had been one of purely Chinese interest.
If the tsung-li yamên should not be in a position to obtain an order for the insertion of these punishments in the Peking Gazette without appealing to the highest power in the land, the undersigned have the right, and it is their duty, to require that their correspondence with the yamên and the demands contained in it shall be placed before the eyes of the Emperor, so as to enable His Majesty to judge himself of the situation, [Page 431] the gravity of which does not yet seem to have been fully appreciated by the yamên.
But the statement contained in the yamên’s note as to the inability of ministers to obtain the insertion in the Gazette of matters referring to foreign affairs is another proof, if one were wanted, of the necessity for a reorganization of that State department, a necessity to which the undersigned had the honor to refer in their joint note of the 12th instant.
With regard to the intention of the yamên, as expressed in their note under reply, to open negotiations with the undersigned on the subject of measures to be taken in respect of the pretended unfriendliness of the population towards native Christians, the undersigned can only refer the yamên to the declarations contained in their joint notes of June 8 and 23; but they must, at the same time, give his higness and their excellencies clearly to understand that they will certainly not be disposed to receive or discuss any such proposals of the Chinese Government before and until sufficient guaranties shall have been given to them for the future effective protection of foreign missionaries and of native Christians in the exercise of their religion, and until steps shall have been taken for suppressing energetically the attempts of a certain class of literati to assume authority in matters which do not in the least concern them. It is to this class of society and not to the lower orders of the population that the ill-will towards foreigners is mainly attributable.
The undersigned would deeply regret to learn that the Chinese Government were unwilling to give effect to the above-recorded demands. Should such, however, unfortunately turn out to be so, the undersigned would beg that they may be made acquainted as soon as possible with the final decision of the Chinese Government, as they would not be justified in any longer withholding from their respective governments the very unsatisfactory state of affairs in China and the impossibility of prevailing upon the responsible ministers of the Emperor to attend to the just representations of the foreign ministers accredited to His Majesty.
The undersigned avail, etc.