Mr. Denby to Mr. Olney.

No. 2364.]

Sir: I have the honor to inform you that I have received from Messers. Hixson and Newell the following telegram, dated September 22:

Denby, Peking:

Can not clearly comprehend that part of your wire referring to clemency and hence request you to give full instructions, Have always steered clear of judicial or diplomatic [Page 145] functions by taking extreme views of having no authority beyond insisting on speedy and proper trial. Hsü (the Chinese commissioner) having conceded all demands hitherto made on Kutien officials, the investigation is proceeding without difficulty, except the dilatory measure of referring to viceroy evidence in capital convictions.

Hixson and Newell.

I have wired the following answer to this telegram:

You have only to let Chinese law take its course. If law awards death or other penalty, let it be inflicted. Do not discuss clemency. That is for your Government when you report facts.

I understand that in this telegram I have substantially embodied your views. Clemency in the Chinese view is weakness. If under Chinese law a certain number of murderers ought to be decapitated, a certain other number ought to be strangled, and still others ought to be banished for life, I incline to the opinion that it is better for England and the United States to stand by and see these penalties inflicted. It is severe, perhaps, but the crime was terrible.

Should the Queen of England lead off with a recommendation of clemency, it should be considered by the President, but it is not our business to take the initiative.

I have, etc.,

Charles Denby
.