Historical Documents - Office of the Historian

Mr. Sill to Mr. Gresham.

No. 54.]

Legation of the United States,
Seoul, Korea, September 24, 1894. (Received October 31.)

Sir: Referring to my dispatch of July 18, it will be recalled that, previous to the capture of the palace by the Japanese, His Majesty had appointed a large and influential council to consider and propose reforms in the details of Korean Government. This council, consisting of seventeen members, had on the date of the dispatch mentioned above already proposed several sweeping reforms. This council is also referred to as engaged in their work under suggestions from Japan in my dispatch of August 16. As their deliberations are likely to continue a long time, I have thought it best to inclose a copy of the report of their proceedings up to and including August 28, the date of last adjournment.

We have no official knowledge that all these recommendations have received the indorsement or approval of His Majesty, though I am [Page 63] informed by a prominent member of the council that he has, generally willingly, but sometimes quite unwillingly, approved them all; and we know that many of them have already gona into effect, at least here in Seoul, where Japanese authority is able to look to their enforcement. Outside of Seoul and its vicinity there seems to be no efficient government. The governors and magistrates disregard the orders of the King, saying that His Majesty is a helpless prisoner and orders coming from him are really from their traditional enemy, the Japanese, and that they best serve their King by refusing obedience to commands so obtained from him.

There is little of what we would call true patriotism in Korea, but there is almost universal hatred of the Japanese, and a good degree of loyal love of the King. It would seem good Japanese policy to work through His Majesty, who could easily be brought to favor Japanese views and whose subjects would generally fall into line if they saw him kindly and respectfully treated and believed him to have some freedom of choice. But the forcible entry of the Japanese into the palace and the cramping limitations under which it is notorious that His Majesty is held, tend, on the contrary, to break down his authority and belittle him in the eyes of his subjects, and so render him powerless to help in establishing the reforms set forth in the accompanying inclosure.

I have, etc.,

John M. B. Sill.

[Inclosures in No. 54.]

Korean council reforms.

A number of reforms were discussed in the Korean Council on the 31st Of July, and it was agreed that it should be recommended that laws covering the following points should be submitted to His Majesty for approval and promulgation:

First. Yangbans1 and common people shall be put on the same footing before the law, and no exclusive privileges as to holding office or otherwise shall be retained by the Yangbans.
Second. Slavery of all kinds to be abolished.
[Note.—I understand that there was no slavery in Korea in the sense in which that word is usually understood. Poor people, often driven by necessity, became voluntary slaves or servants of the rich, in which case all the female children were also slaves or servants, but the males were free.]
Third. Marriages of widows of Yangbans to be permitted.
[Note.—Under the old law there was no restriction to the marriages of widows except those of Yangbans.]
Fourth. Early marriages to be prohibited. Marriageable ages, for males, 20 years; females, 16 years.
Fifth. Every person, high or low, to have the privilege of sending in letters of advice to the council, which will be duly considered.
Sixth. All precedence and distinctions of civil over military officers to be abolished, and military officers to enjoy relative and equal rank with civil officers.
Seventh. Officers of the army must wear military uniforms. Official costumes to be changed. Wide sleeves through all classes to be abolished as far as possible.
Eighth. In dates of all official documents only the Korean Era shall be used.
Ninth. The number of servants comprising the retinue of officers in public places to be regulated and lessened.
Tenth. If a man commits a crime, no punishment of any kind shall be inflicted on account of his crime upon any members of his family or relations.
Eleventh. If a man has no son by his wife but has one by his concubine, he may adopt as his legitimate son such son by his concubine, who will be regarded as his [Page 64] legitimate son and have all the privileges and may he appointed to office exactly as if he had been born in lawful wedlock.
[Note.—I am informed that under the old law the son of a concubine could not be adopted as a legitimate son and could not be appointed to any high office, and that a man having no legitimate son could not legitimatize his own son born of a concubine. He could only adopt a boy as his son from among his relations or another family. Such adopted son had to be born of a wife and not of a concubine. I may not be critically correct in the above.]

The following were passed for approval on August 1 by the council:

First. The new organization of government to be put into operation at the expiration of twenty days.
Second. Notice to be given to all the departments and officials throughout Korea to use for dates only the Korean era.
Third. All ministers and heads of departments to be named and appointed by His Majesty, but such ministers or heads of departments shall name and appoint the subordinate officers and employees of their respective departments.
Fourth. Police department must be thoroughly reorganized.
Fifth. The total revenue from all sources of each province, as well as the number of the soldiers therein, must be properly tabulated and sent to the council as soon as possible.
Sixth. As the Japanese army is in Korean territory with no design of injuring or hurting the people, notices must be sent out to the people not to be afraid of the Japanese soldiers and to treat them kindly and courteously.

The following were the measures adopted by the Korean council on August 2 for recommendation to His Majesty:

First. General rules for the various departments must be discussed and adopted and the affairs of each department conducted under the rules applicable to such department.
Second. The first business to be done shall be the examination and regulation of the affairs of the internal revenue and finance, in order that funds may be first provided for conducting the Government.
Third. Officers high or low to be free to go about without any particular form of ceremony. They can ride or walk or go in any way they please.
The official use of the one-wheel chair and of the so-called “low chair” used by the prime ministers is to be abolished. The custom of forcing the common people of lower rank to dismount, or get out of their chairs when high officials are passing, is also to be abolished.
Fourth. The number of retinue or followers of the high officers shall not exceed four men for the prime minister; three men for each of the ministers; two men for vice ministers; and one for chamui. There shall be none for chusas or lower officers.
Fifth. If any officer unlawfully exacts any money or unlawfully takes any property from any person, high or low, he shall be punished severely (according to the ancient law) and the money or property taken away from him.
The law and police departments only shall arrest and punish any person, high or low, and other departments or officials shall not do so.
Sixth. All persons, whether of the highest or lowest station, shall be put on an equal footing under the law and shall enjoy the same protection and be subject to the same penalties.
Seventh. Ex-officials shall be permitted to engage in trade or any other lawful business they may wish to undertake.

The following measures were adopted by the Korean council on August 3 for recomendation to His Majesty:

First. Official seals for each department to be adopted. Government buildings for the use of each of the departments to be selected and properly fitted up.
Second. All moneys and revenues belonging to or due the Government be collected as soon as possible and placed under the charge of the finance department in order to pay the expenses of the Government.
Third. The old custom of holding literary examination or “kuagas,” for the purpose of selecting officers and conferring rank, to be abolished and a new method of selecting and appointing officers shall be inaugurated.

The following were the measures adopted by the Korean council on August 4 for recommendation to His Majesty:

First. The debt of the Government for provisions, etc., for the palace and the debts of the various departments must be examined and audited and the total [Page 65] amounts ascertained and settled by the board of national debt in the finance department and the amount paid in installments.
Second. The unpaid salaries of all officers shall be ascertained and audited and paid according to the foregoing article.

The council has adjourned to the 8th instant, and I will continue to report to you on the reassembling of the council.

The following measures were adopted by the Korean council on August 8 for recommendation to His Majesty:

First. Whereas the number of officers and servants of the Government will under the proposed reforms be greatly reduced, and in consequence of stoppage of salaries and wages there may be some distress among those discharged, therefore the unemployed officers and servants shall be put under the charge of a department and given a reasonable time to either receive some appointment, if positions be vacant, or to engage in trade or some other vocation.
Second. It appearing that many of the scribes now employed are worthy and have experience and knowledge of the business of the Government, it is recommended that at least one-third of the chusas selected shall be from among the scribes. Such scribes shall, however, be submitted to a strict examination, and only those who are found competent and worthy shall be appointed. The other two-thirds of the chusas shall be elected from the body of the people, whether of high or low degree, after full examination as to their qualifications and merits.
Third. The names of foreign countries, places, and persons shall be written hereafter only in the national Korean alphabet (Eun Mon).
Fourth. No person shall be arrested, tried, or punished except by the law courts and its officers, and no other official or yangban shall have the right to arrest, detain as prisoner, try, or punish any person.

The following measures were adopted by the Korean council on August 9 for recommendation to His Majesty:

First. All laws advised by the council and promulgated by His Majesty must be strictly and impartially enforced, and if any person shall violate the same he shall be punished without hesitation and regardless of whether he is of high of low degree.
Second. The old custom of writing various official orders and dispatches to the various departments and officers in very large characters and on enormous sheets of paper should, on account of the inconvenience and expense involved, be abolished, and official letters and dispatches should therefore be written upon sheets of ordinary size, which size should be designated and selected.
Third. An official shall be appointed for each harbor to take charge and manage the commercial affairs thereof.
Such official shall have no connection with the magisterial business of the place, nor shall he be under the control of the local magistrate.
Fourth. Until the new laws for the administration of justice are put into force the officers having charge of the administration of justice shall try offenders and inflict punishments in strict accordance with the ancient laws, and not, as is now the custom, according to their wishes and whims.

The following measures were adopted by the Korean council on August 10 for recommendation to His Majesty:

First. The taxes shall be collected hereafter in money only and not partly in grain cloth, and other things, as heretofore.
Government depositories for the money shall be established in the various provinces, with a head depository at Seoul and money received for taxes transmitted to Seoul by a system of exchanges as far as possible.
Second. The subordinate departments, offices, and officials shall be properly classified throughout the country, and each class placed under the authority and charge of one of the nine new appointments of the reformed government to which the class properly belongs.
Third. Transportation and moving from one district in Korea to another of grain and other food products shall not be prohibited or hindered, but this shall not prevent the Government from prohibiting the export of grain to foreign countries whenever a scarcity of food is apprehended within the Kingdom.

The following measures were adopted, by the Korean council on August 11 for recommendation to His Majesty:

First. A uniform system of measures should be adopted, and also of weights, and standards should be provided for both.
Second. The values of the various coinage of cash shall be adjusted, and the new money coined in Chemulpo shall be put into circulation from the 20th day of the seventh moon.
Third. All houses shall be numbered and a wooden tablet hung near the entrance giving the number of the house and the name of the owner.
Fourth. Where sub-bureaus have been provided for in any of the nine departments no officers shall be appointed for such bureaus until there is business requiring the services of such officers.

The following measures were adopted on August 12:

First. In every magisterial district a council shall be organized, to be composed of old and experienced men, one to be selected from each precinct in the district, such selections to be made by elections held by the men residing in the district, who shall vote by ballot. The council shall advise with regard to the civil affairs of the district, and the magistrate shall listen to them and be governed by their advice.
Second. Where Government taxes have been collected and not paid into or accounted for to the Government the account of the magistrates and scribes in arrears shall be examined and report made as to how much is due by the magistrate and how much due by the scribes, and such report shall be submitted to the Government for proper action.

The following measures were adopted by the Korean council on August 13 for recommendation to His Majesty:

First. It is recommended to His Majesty that a place be provided in the outer palace where His Majesty will meet his ministers and advisers, hear their reports, and give his orders and directions.
Second. A certain number of intelligent young men who have a good Korean education shall be selected and sent abroad to study in foreign countries.
Third. When the ministers for the various departments have been appointed they shall meet in the office of the prime minister and examine the scribes for the purpose of selecting and appointing the most efficient of them to places in the various departments, and this should be done before the 20th of this month.

The following measures were adopted by the Korean council on August 14 for recommendation to His Majesty:

First. All the soldiers of the various barracks shall be put under the command of one general, but this shall not apply to the bodyguard of His Majesty.
Second. The official account books relating to tribute or tax rice of the three southern provinces shall be examined by the new tax collector and a full report made of the state of such account to the Government.
Third. Three competent and proper officers shall be selected and sent to the four provinces, viz, Whang-hai, Piong-an, Kang-won, and Ham-gyong, to assist in the promulgation of the reformed laws, to supervise the actions of the various officials in the provinces, and to hear the complaints of the people.

The following measures were adopted by the Korean council on August 15 for recommendation to His Majesty:

First. The offender, Min Yong-chun, who wielded the great power and influence he possessed most improperly, deceiving His Majesty and grievously oppressing the people, and the sorceress woman, mother of Kim Chang-yol, who, falsely claiming to be able to communicate with the spirits, influenced the issuing of edicts which resulted in great harm to the people and caused many grievous acts to be committed under the name of the law, have not yet been punished for their crimes and a great clamor has been raised by the dissatisfied people because of this fact.
A memorial on this subject was submitted some time ago by Chi Sock-yong, the assistant minister in the law department, but it has received no attention, and it is now recommended that this memorial be read and attention given to it. This memorial expresses, not only the opinion of Chi Sok-yong, but of all the people of this nation. Therefore this man and woman should be brought before the courts of justice and tried and punished for their many crimes.
Min Hiong-sik, ex-Tong-chai-sa of Kyong-sang Do, when he had jurisdiction and power in the three provinces of Kyong-sang, Cholla, and Ch’ung-ch’ong (being consumed with avarice and crazy for the acquisition of money and property) grossly oppressed the people and robbed them of their property.
If his crimes be overlooked, how can the people of these provinces, whom he so grossly oppressed and robbed, be satisfied? He should be tried and punished.
Second, It appearing that in many instances governors, magistrates, and other high officials and yangbans have taken by force and without compensation timber lands, under the excuse that they would be used by them as burial places in the future, and that this has been a cause of great grievance and loss to the people, it is advised that this matter should be carefully examined into, and in cases where wrongful appropriation of land has been made the land should be restored to the rightful owners, the tombs (if any) removed, and any improper title deeds canceled. Laws to prevent in the future the above-mentioned evil practices and abuses should he made.
Third. It appearing that in many cases governors and other officials and yangbans have taken by force from the owners immovable property, such as farms, timber lands, and houses, without making any compensation, or at best making very inadequate compensation, it is advised that any person who has been thus defrauded and deprived of his property within the last ten years shall be allowed to send a petition to this council, setting forth the facts and supported by written statements of two witnesses who have personal knowledge of the facts, and that the council examine into the matter and, if the claim of the petition be established by clear proof, that the property be restored to the rightful owner on such terms as are just. If any false complaints are made the complainant must be punished.
Fourth. Ministers for the newly established departments must he appointed without delay.
Fifth. The various departments must have foreigners for their advisers.

The following measure was adopted by the Korean council on August 16, 1894, for recommendation to His Majesty:

First. His Majesty having graciously made reply to our recommendation made yesterday with respect to the sorceress, the, mother of Kim Chang-yol and Min Yong-chun and Min Hiong-sik, we recommend that the woman be arrested and tried. As to Min Yong-chun and Min Hiong-sik, we most respectfully present again the resolution of yesterday and humbly request that permission be given to proceed against them for their many crimes.

The following measures were adopted by the Korean council on August 17 for recommendation to His Majesty:

First. Hereafter when the representatives of the foreign Governments have audience with His Majesty, it is recommended that they should, according to foreign custom, ride in their chairs to the inner gate of the waiting hall.
Second. It is recommended and respectfully requested that His Majesty appoint Ye Chun-yong, nephew of His Majesty, as a member of this council.
Third. The salaries of all the officers, scribes, and servants who may, under the reformed Government be dismissed, should be paid according to the old system of payment until they can receive other appointments or can engage in other occupations.

The following measures were adopted by the Korean council on August 18 for recommendation to His Majesty:

First. No officer of the household department, whether high or low, shall be appointed to or have any connection with the departments for the administration of national affairs.
Second. The council will adjourn for a few days to enable the various new departments to organize, and then it will meet every alternate day. If there should be any important business on other days the president shall call a meeting.
Third. As the way of appointing officers heretofore adopted is to be changed, it is recommended that governors and magistrates be selected as follows: The first, second, and third prime ministers and the head ministers of the other eight departments shall constitute a board which will recommend three suitable persons for each vacant position and from these three His Majesty shall select one.

The following measures were adopted by the Korean council on August 22 for recommendation to His Majesty:

First. When memorials, whether from high or low persons, are sent to His Majesty alleging bad conduct on the part of any officials, copies of the same should be transmitted to the department of the prime minister, so that the matter can be fully examined into and recommendation for redress made, should the statements of the memorial be found true.
Second. Ceremonial offenses should be defined and arranged for as soon as possible.
Third. In advance of the collection of the yearly revenue of this country, the [Page 68] expenses of the various departments should he paid out of the funds now in the treasury.
Fourth. The jail in Seoul should he put under the police department and the alleged offense of any person arrested, whether great or small, should be tried and determined according to the rules of the police department, and when the offense is proven the head of the police department must send in writing to his superior officers (law department) all the evidence, together with the offender, where proper judgment will be rendered.

This arrangement is intended to be temporary, and only to continue in force until the courts are more fully organized.

The following measures were adopted by the Korean council on August 24 for recommendation to His Majesty:

First. It having been determined to collect the taxes of all the provinces in money instead of in rice and other products as heretofore, it has become necessary, in order to carry out the business, to establish a company of rice merchants in Seoul to be Composed of the head rice merchants of Seoul and of the five principal places on the Han River. Such business shall be under the jurisdiction and control of the department of agriculture and commerce, which will arrange with it about the exchange of Government money and make other necessary and proper rules for the company.
Second. The management of the red ginseng business and the revenue derived, therefrom shall be under the authority of the treasury department.
Third. Complaints of the people respecting infractions of the laws and which heretofore belonged to the Han-Sang Bu (magistrate of Seoul) should be heard in the police courts, and all the officers and employees thereof must not treat the people badly in any way and must not accept any bribes or gratuities of any kind from any person whomsoever.

The following measures were adopted by the Korean council on August 26 for recommendation to His Majesty:

First. If any one goes into the palace grounds Without permission or without official business or tries to remain in the palace grounds at night without permission, the household department shall report such person to the police or law departments, where he can be tried and punished.
Second. As it is proposed to establish a thorough police force in Seoul, the night watches in the street by soldiers shall be abolished as soon as this is done.
Third. Offenders of every kind shall be immediately arrested, and this shall include, also, members and servants of the household department.
Fourth. As a bodyguard for His Majesty is to be organized, it is important that the noncommissioned officers be properly selected and instructed, and for that purpose intelligent and physically strong men should be picked from the army and appointed and instructed as noncommissioned officers for the bodyguard.
Fifth. All new laws must be first prepared by the law department and then sent to the department of the prime minister for its examination and approval and, if approved, shall be submitted to this council.
Sixth. The further construction of the mountain wall of Chung-Chu should be stopped at once and the amount of money collected from every district for its construction, as well as the amount actually expended in the work, must be examined into by an official appointed by the governor of Ch’ung-ch’ong Do, which official shall without delay make a full report to the Government.

The following were the measures adopted by the Korean council on August 28 for recommendation to His Majesty:

First. Books for the primary school should be prepared and printed by the educational department.
Second. Where officials in the country districts are charged with offenses they should be brought to Seoul by the order of His Majesty sent through the law department. Any person ordered to be exiled by His Majesty shall be sent to the place of exile by the law department.
Third. As the various departments have not fully completed their organization, and there is much unfinished business for them to do in connection with the same, this council will now adjourn for five days.

Official and privileged classes.↩