Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President, Transmitted to Congress December 2, 1895, Part I

Mr. Denby to Mr. Olney.

Legation of the United States,
Peking, September 3, 1895. (Received Oct. 21.)

No. 2334.]

Sir: I have the honor to inclose a copy of a communication sent by me to the Tsung-li Yamên, the 30th ultimo, relating to the investigation now proceeding at Kutien.

The British and American consuls thought it advisable that the decisions arrived at by the commission should be held to be final, and not subject to revision by the viceroy. It is usual in China to transmit to the viceroy of the province the judgments of all tribunals which involve the death punishment, but there are exceptions to this rule, especially in riot cases.

As the consuls are on the ground and understand the conditions better than I do, I thought it advisable to accede to their request. It will be noticed that I do not make a strenuous demand in the matter, but confine myself to a simple request.

I learn from telegrams from Consul Hixson that matters are proceeding satisfactorily at Kutien. I have not thought it necessary to wire you each day on the subject.

I have, etc.,

Charles Denby

.

[Inclosure in No. 2334.]

Mr. Denby to the Tsung-li Yamên.

August 30, 1895.

Your Highnesses and Your Excellencies: I have the honor to inform you that representations have been made to me by the consul of the United States at Kutien that the Chinese official in charge of the investigation which is now proceeding at that place has very limited powers and is required to refer every important point to the viceroy.

The consul suggests that the effect of the investigation would be much greater if the viceroy were not allowed to dictate or revise in any way the decisions of the Kutien investigating officials which are approved by the consuls, and that details as to conviction and execution should be fixed and carried out regardless of any action by the viceroy.

I am informed that in exceptional cases, such as riots, such power of ultimate decision may be conferred on an investigating tribunal, and I respectfully ask that this may be done in this case.