Mr. Denby to Mr. Olney.
Peking, September 21, 1895. (Received Oct. 8.)
Sir: I have the honor to state that my telegram to you of the 19th instant, wherein I stated that the “question of clemency was raised at Kutien,” was called forth by divers telegrams which I had received from Messrs. Hixson and Newell, the American commissioners. The latest of these telegrams is of the 18th instant, and reads as follows:
Hsü (the Chinese commissioner) says viceroy wants clemency. Replied that end of trial and not beginning was the time to talk of it. Told Hsü we should insist on every man who went to Hwashan being tried and sentenced, since under Chinese laws they have merited death. This construction has often been affirmed in open court by prefect and magistrate. Now viceroy wants another interpretation than of the thirteen cases unanimously condemned to death by court and referred to him. Hsü agrees with us, but is powerless to act; must refer all matters to viceroy. Informed Hsü that clemency comes from consuls, not from viceroy. Cross-examination has furnished list of about one hundred who were actually engaged in massacre. Every precaution taken by consuls to prevent innocent suffering.
Hixson and Newell.
In reply to this telegram, I stated that my judgment was that trials should proceed until all the accused were tried; that the question of clemency should not be considered until judgment had been pronounced and that I would “ask Department to instruct as to your (Hixson’s) recommending commutation.”
Your telegram of the 19th instant, in answer to mine of the same date, relating to the question of clemency, wherein you say “clemency after conviction could only be considered upon the proposal of Chinese Government after commissioners’ report,” was substantially wired to Messrs. Hixson and Newell.
I have, etc.,