Mr. Denby to Mr. Olney.
Peking, November 1, 1895. (Received Dec. 19.)
Sir: In your dispatch No. 1152, of September 21 last, you discuss at some length the question of the duties of the investigating commissions at Kutien and Chengtu.
You say in conclusion that “their essential function is to investigate and report to their Government, and that under no circumstances are they to participate in the judicial and executive functions of the officers of the provinces, whose guilty connection with the outrages investigated may be the most important outcome of the inquiry.”
By reference to my dispatch, No. 2377, of the 1st ultimo, you will find my instructions to the Szechuan commission, which I think correctly represent your views in those instructions I use the following language:
You are not clothed with either judicial or diplomatic functions. Your particular and more important duty will he to investigate the conduct of the officials and make a report on which the Government of the United States can predicate any demand it may choose to make.
I take it for granted, therefore, that as far as the Chengtu commission is concerned I need offer no further explanation.
You say concerning the proceedings at Kutien:
It certainly was not the intention of this Government that its commissioners should go to Kutien as participants in a local proceeding involving judicial or quasi-judicial functions.
In the Department’s telegram of August 12 no specific instructions were given as to the duties of the commission. I was directed to “consult with minister of Great Britain and cooperate so far as conducive to security and welfare of United States citizens. * * * if not already done, make demands covering same points as British demand, especially as to punishment of delinquent high provincial officials.”
The idea of the British minister and myself, and the crying demand of the foreigners in China, were that the criminals who had committed the murders at Kutien, should be condignly punished. I consented that Mr. Hixson should go to Kutien, to be present at the investigation, to watch the proceedings, and to urge that prompt measures be taken to bring the guilty to punishment.
All this he had the right to do under clause 2, Section III of the Chefoo convention. (See Chronicle and Directory for China and Japan for 1895, p. 35.) I do not understand that Messrs. Hixson and Newell exercised [Page 170] judicial functions, though they were undoubtedly quite determined in their demands that due process of law should be followed.
When it appeared that they were asked to consider a question of clemency I immediately referred the matter to you. After receiving, your instructions, on September 20, I wired to Mr. Hixson as follows:
Department wires you should discover and report guilty officials. You have no judicial or diplomatic functions. Clemency to be considered only after conviction and report of commissioners on proposal of China. Authority to you to grant clemency would narrow issue to informal administration, thereby defeating broader purpose of our Government.
In this connection I refer to my dispatch, No. 2379, of the 1st ultimo, wherein some of the telegrams which passed between Mr. Hixson and myself are set out.
I beg to say that prior to receiving your telegram, which is embodied in my telegram to Mr. Hixson of September 20, above cited, I wired to Mr. Hixson September 19 as follows:
Hixson, Suichow:
My judgment is trials should proceed until all accused are tried. After judgments rendered the question of clemency should be considered. Will ask Department to instruct as to your recommending commutations.
On September 23 I wired to Mr. Hixson as follows:
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 have not yet received Mr. Hixson’s report of his acts and doings at Kutien.
I venture to hope that when all the facts are before you you will be satisfied that your views touching the conduct of both commissions have been substantially complied with.
I have, etc.,