Mr. Denby to Mr. Olney.

No. 2347.]

Sir: I inclose a copy of a communication to the Tsung-li Yamên wherein I represented that Mr. Hsü Hsing-i, a taotai by rank, had not gone to Kutien to sit on the investigating commission, although in their communication to me of the 23d August they had stated that this gentleman had been directed to cooperate with the consuls in dealing with the Kutien massacre.

I have now the honor to inclose a translation of a communication of the Yamên in answer to the communication sent them by me.

The Yamên states that the gentleman named was appointed to cooperate with the consuls at Kutien, and that no matter what may be the rank of deputies sent to investigate the case they can only investigate the cases of criminals according to law, and that their decisions must be submitted to the viceroy for his opinion thereon.

I have, etc.,

Charles Denby
.
[Inclosure 1 in No. 2347.]

Mr. Denby to the Tsung-li Yamên.

Your Highnesses and Your Excellencies: In your communication to me of the 23d ultimo you stated that you had received a telegram “from the governor-general of Fuhkien stating that additional [Page 133] appointment had been made in the person of Mr. Hsü Hsing-i, a taotai by rank, who is to cooperate with the consuls in dealing with the Kutien affair, so that extra care may be taken in the matter.”

I have the honor to inform you that I have been very much surprised to hear from the consul that the Taotai Hsü was appointed to the foreign board at Foochow, and that no official of high rank has been appointed commissioner to Kutien. I am informed that a high official whose decisions shall be final is absolutely necessary to Kutien. The prefect who is now there does nothing without consulting the viceroy, thereby producing great delay and inconvenience.

It is just as important for China as for Great Britain or the United States that the investigating commission should be well organized and endowed with full powers, and I ask that you issue orders that a high official proceed to Kutien and that the judgments of the commissioners be final.

[Inclosure 2 in No. 2347.]

The Tsung-li Yamên to Mr. Denby.

Your Excellency: We have had the honor to receive your excellency’s note (of September 5) wherein you stated that in the Yamên’s communication of the 23d of August we informed you that we had received a telegram “from the governor-general of Fuhkien stating that an additional appointment had been made in the person of Mr. Hsü Hsing-i, a taotai by rank, who is to cooperate with the consuls in dealing with the Kutien affair;” that you had heard from the consul by telegraph that the taotai Hsü was only appointed to the foreign board at Foochow, and that he had not been appointed as commissioner to Kutien and that no official of high rank is there. The prefect who is now there does nothing without consulting the viceroy, thereby producing great delay and inconvenience. Your excellency asked that we issue orders that a high official proceed to Kutien and that the judgments of the commissioner be final.

As your excellency some time ago addressed us a note asking that telegraphic instructions be sent to Foochow to appoint a high official to go to Kutien to cooperate with the consuls in investigating the recent massacres, we wired Foochow, and received an answer to effect that Hsü, taotai, had been appointed to go there to cooperate with them. It is not the case that he was merely detained at the foreign board.

In regard to the appointment of deputies to investigate this case, it matters not whether they be of the rank of taotai or chih fu, they can only investigate the cases of the criminals according to law, and render a decision; such decisions, however, must still be submitted to the viceroy for his opinion thereon.

Kutien is about 200 odd li from Foochow, and copies of the proceedings and evidence in each case can from time to time be submitted to the viceroy without causing much delay.

We beg that your excellency will again instruct the United States consul at Foochow to cooperate with the deputies appointed from Foochow in a friendly manner. The decisions in the cases of the criminals must still be left to the viceroy.