Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1896, and the Annual Report of the Secretary of State

Mr. Denby to Mr. Olney.

Legation of the United States,
Peking, February 14, 1896. (Received April 3.)

No. 2479.]

Sir: I have the honor to inform you that I have received from Consul Child a claim against the Government of China, which was filed in his consulate by Rev. George Warner, of the American Baptist Missionary Union, a copy of which is inclosed.

Clause 134, Article XII, of the personal instructions, requires that diplomatic agents shall, with rare exceptions, seek previous instructions from the Department before presenting to the Government to which they are accredited any claim for collection. I have strictly observed this rule, and have filed without previous instructions such claims only as clearly came within the exceptions. The rule has often proved beneficial in its operation, serving to prevent the presentation of speculative or doubtful demands.

A careful consideration of the claims now presented for your instruction will show that they come under the head of consequential or remote damages, about the allowance whereof in actions for tort there has been much discussion in the courts. The theory underlying the claims is that the parties mentioned, who are members of the American Baptist Missionary Union, were compelled by riotous proceedings in Szechuan to leave their homes and go elsewhere to secure personal safety, and were there put to great expense. Take, as an example, the first case, that of Dr. C. H. Finch, wife and family. He was forced to go to Shanghai, and the Union charges for “traveling expenses to Shanghai and return, $350; six months’ house rent and extra incidental expenses, $500; six months’ lost time, salary at $125 per month, $750,” amounting to $1,600 for Dr. Finch.

Besides these items there is attached to some of the schedules the statement, “Losses on property not yet estimated.” In other items the losses on property are “estimated.” One of the schedules contains charges for expenses in traveling to Chungking and return. One contains charges for “two passages to America, $700.”

The argument in favor of the allowance of these claims is made in the second inclosure, and it is not therefore necessary for me to present it. Relying on your better judgment, I need say little. Charges similar to those made in the claims now presented have been bruited during my stay here. * * *

I therefore ask your specific instructions as to what items in the claims herewith inclosed I shall present for payment, if any.

I have, etc.,

Charles Denby.

[Inclosure 1 in No. 2479.]

Claims made by the American Baptist Missionary Union against the Chinese Government for losses sustained during the riots of May and June, 1895, in the Province of Szechuan, at Su-chau-fu (Sui-fu).

Dr. C. H. Finch, wife and family:
Enforced traveling expenses to Shanghai and return	$350
Six months’ house rent and extra incidental expenses	500
Six months’ lost time, salary at $125 per month	750
Robert Wellwood, wife and family:
Enforced traveling expenses to Shanghai and return	350
Six months’ house rent and extra incidental expenses	500
Six months’ lost time, salary at $125 per month	750
Miss B. G. Forbes:
Enforced traveling expenses to Shanghai and return	175
Six months’ house rent and extra incidental expenses	200
Four months’ lost time, salary at $62.50	250
George Warner and wife:
Enforced traveling expenses to Shanghai	350
Six months’ house rent and extra incidental expenses	270
Six months’ lost time, salary $75 per month	450
Six months’ rent on two houses at Suifu	85
Total	6,205
Losses on property not yet estimated.
kia-ting fu.
C. F. Viking, wife and family:
Enforced traveling expenses to Shanghai and return	400
Six months’ rent and extra incidental expenses	450
Six months’ lost time, salary at $100 per month	600
W. P. Beaman:
Enforced traveling expenses to Shanghai and return	200
Six months’ rent and extra incidental expenses	225
Six months’ lost time, salary at $75 per month	450
C. A. Salquist:
Enforced traveling expenses to Shanghai and return	200
Six months’ rent and extra incidental expenses	225
Six months’ lost time, salary at $75 per month	450
Six months’ rent on houses destroyed at Kia-ting Fu	250
Losses on property at Kia-ting Fu (estimated)	1,000
Total	4,450
ya-chou fu.
G. W. Hill, wife and family:
Enforced traveling expenses to Shanghai and return	450
Six months’ rent and extra incidental expenses	500
Six months’ lost time, salary at $75 per month	600
F. J. Bradshaw:
Enforced traveling expenses to Shanghai and return	225
Six months’ rent and extra incidental expenses	225
Six months’ lost time, salary at $75 per month	450
Miss F. C. Bliss:
Enforced traveling expenses to Shanghai and return	225
Six months’ rent and extra incidental expenses	225
Six months’ lost time, salary at $62.50	375
W. M. Upcraft:
Enforced traveling expenses to Chungking and return	100
Six months’ rent and extra incidental expenses	225
Six months’ lost time, salary at $75	450
H. J. Openshaw:
Enforced traveling expenses to Chungking and return	100
Six months’ rent and extra incidental expenses	225
Six months’ lost time, salary at $75 per month	450
Two passages to America	700
Total	5,255
Grand total	16,180

Losses at Ya-chou Fu not yet estimated.

Made on behalf of the American Baptist Missionary Union by—

Geo. Warner,
A. B. M. U., Ningpo, China.

United States Consulate-General,
Shanghai, October 21, 1895.

Sworn to and subscribed before me the day and year above written.

R. F. Eastlack,
Deputy United States Consul-General.

[Inclosure 2 in No. 2479.]

Statement accompanying claims.

In filing the above claims on behalf of the American Baptist Missionary Union, I would respectfully call attention to the following facts showing the justice thereof:

1. Owing to the extensive antiforeign riots in the province of Szechuan, beginning at Chengtu on May 29, 1895, and sweeping over the whole western part of the province, all missionaries of the American Baptist Missionary Union stationed at Sui-fu, Kia-ting, and Ya-chou were compelled to leave their homes and their work and seek safety in Shanghai.

2. As a direct result of the riots, the American Baptist Missionary Union has already been forced to pay for traveling of the missionaries the sum of $1,400, and to cover incidental expenses and return to their stations, at the lowest estimates, will require an outlay of $3,275.

3. Furthermore, the missionaries of the American Baptist Missionary Union were settled in their respective stations at the time of the riots, engaged in the performance of the duties for which they were sent out, and, because of lack of protection and the turbulent state of the province, the work of the American Baptist Missionary Union has not only been broken up, but the missionaries have been denied the privilege of service for which they have been paid. It seems a just claim for the Union to ask indemnity for amount of salaries during this time which has been lost to the work of the Union. If the condition of the province will allow of their return with low water on the Yangtse, the lowest estimate on this will be six months’ lost time to the mission—June 1 to December 31—the earliest possible date of their reaching their mission stations. We, therefore, ask reimbursement for this lost time of six months, as per schedule in statement of claims.

4. An estimate for property losses for Sui-fu and Ya-chou can not be made until the return of the members of said stations. When the members arrive losses, if any, will be reported.

5. Some damage has been done to our summerhouses; also, personal effects have been stolen. We beg to note that no claim has been made for such losses owing to the fact that we can not estimate the amount each one has lost until someone returns and investigates the matter. As soon as we can return and look the field over, a report of claims will be sent in to the proper authorities.

6. Once more. Owing to the great nervous strain from the imminent danger to which our missionaries were exposed, two of our party are incapacitated for work and, under the advice of physicians, are compelled to return to America for rest. This has entailed upon the Union the additional expense of $700, for which claim is made.

7. Sui-fu and Ya-chou. It ought to be recorded in honor of the local officials in these places that they did all within their power to protect the missionaries and their property. But the lack of authority at the capital, Chengtu, and the encouragement given by the viceroy to the rioters in all parts of the province rendered the efforts of the Sui-fu and Ya-chou officials ineffective in affording protection.

8. For further explanations and particulars reference is given to the accompanying documents.