Mr. Denby to Mr. Olney.

No. 2696.]

Sir: In your dispatch No: 1368,1 of November 25 last, you inclose a draft of a communication relating to antiforeign riots, and embodying suggestions as to steps to be taken for the prevention of their recurrence.

This paper was duly presented to the Yamên, and I have now the honor to inclose a translation of the Yamên’s answer thereto.

As the inauguration of this discussion originated with the Department, I deem it proper to submit the answer to the draft above mentioned to you before replying thereto. I beg to observe, however, that the inclosure bears signs of having been hastily prepared, perhaps owing to the fact that it was written during the vacation incidental to the Chinese New Year, when business is mostly suspended.

I observe, also, that the gravity of the subject-matter may be more strongly enforced by a personal interview than in written correspondence, and that I contemplate having an oral discussion with the Yamên before a final result is reached. In the Department’s draft the first demand is: “Recognition by the issuance of a formal declaration in an Imperial decree that American missionaries have the right to reside in the interior of China.”

The Yamên answers that this right is provided for by treaty, and mentions that various decrees recognizing it have been issued. This is a valuable admission, as treaties, except the Berthemy convention, are silent on the question of residence in the interior.

A direct and positive recognition of this right, however, made in connection with a statement as to the measure to be taken to prevent riots, would be valuable, and, indeed, necessary for the complete apprehension of any decree relating to the subject. As to the second point, the right of American missionaries to buy land in the interior, the Yamên simply states that “American missionaries should be treated in this matter the same as the French missionaries.”

Here again the desired purpose is not accomplished. What is wanted is not a recognition of this right by the Tsung-li Yamên in a communication addressed to this legation, but an open and notorious publication in an Imperial decree that the right exists, and the communication thereof authoritatively to all the local officials all over China.

Such action would probable prevent the ever-recurring troubles which confront our missionaries in their efforts to secure land for stations in the interior.

The third suggestion of the Department goes to the responsibility of [Page 61] the higher officials in the localities in which riots occur for the acts or omissions of their subordinates. The Yamên does not seem to have apprehended the point of this specification.

The Yamên concedes that if the local officials “do not take precautionary measures to prevent trouble * * *” they should be punished 5 but it does reply to the suggestion, which is the gist of the paragraph, that “the viceroy or governor of the province in which it (a riot) has occurred, who is directly responsible to the Throne for the acts and omissions of every one of his subordinates, although his only fault may be ignorance,” should be held responsible for the acts or omissions of his subordinates.

This paragraph embodies the most important suggestion in the Department’s paper.

The whole discussion leads up to the idea expressed specifically on page 4 of that paper, to the effect that “the main remedy for existing evils and the surest prevention of riots will be holding of the local officials to a personal accountability for every outrage against foreigners that may occur in their jurisdiction.”

What is wanted is an Imperial decree embodying this idea. Paragraph 4 of the Department’s specifications goes to the proposition that officials found guilty of negligence or connivance with rioters should be punished, in addition to suffering degradation or deprivation of office.

The Yamên does not see its way clear to carry out the Department’s suggestions. It is conceded that the question of the punishment of officials, who are practically supreme in their provinces, for negligence is difficult of solution, but no difficulty is found in awarding suitable punishment for crimes committed against the Throne, and, if possible, China must be made to learn that the murder of foreigners and the destruction of their property are “offenses of a very grave nature.”

I have, etc.,

Charles Denby.
[Inclosure in No. 2696.]

The Tsung-li Yamên to Mr. Denby.

No. 5.]

Your Excellency: On the 11th of February instant the princes and ministers had the honor to receive a communication from the United States minister, wherein he states that on the 21st day of September last he had the honor, by direction of his Government, to address the Yamên a communication to the effect that his Government was carefully considering the subject of antiforeign riots in China, with the view to present to the Yamên thereafter another communication embodying its views on the measures that it is desired to see adopted in order to prevent the recurrence of these lamentable outrages on foreign residents in China. Your excellency further states that the best means to prevent the recurrence of antiforeign riots in China would be to adopt certain measures, so that the good relations existing between the two countries maybe confirmed and strengthened.

On receiving your excellency’s communication of the 21st of September the Yamên replied that it is only necessary that both Chinese and foreigners should be commanded to observe the treaties, and if the plan decided upon is not in contravention to treaty stipulations, China will certainly come to a suitable decision.

[Page 62]

From the tenor of your excellency’s communication the local officials should be held responsible when outrages against foreigners occur in their jurisdiction.

Your excellency proposes the following measures:

First. Recognition by the issuance of a formal declaration in an Imperial decree that American missionaries have the right to reside in the interior of China. It may be observed that this right is provided for by treaty. Imperial decrees have already been issued commanding that due protection should be given to United States citizens residing in China.

It is the duty of China to adopt every means to give proper protection to Americans living in China, as pointed out by your excellency. It is therefore not necessary to dwell at length on that point.

Second. Your excellency states that the declaration in such decree should be that American missionaries have the right to buy land in the interior of China; that they have all the privileges of the Berthemy convention, and that deeds taken by them shall be in the name of the missionary society or church which buys the land, as that convention provides.”

The princes and ministers beg to state that while the treaties between the United States and China do not provide for this, still the American missionaries should be treated in this matter the same as the French missionaries.

Third. The determination of and formal declaration by China by Imperial decree to’ hold responsible and properly punish not only all individuals or minor officials directly or remotely involved upon the occurrence of any riot whereby peaceable American citizens have been affected in person or property or injured in their established rights, but also the viceroy or governor of the province in which it has occurred, etc.

It may be observed that all cases of outrages against missionaries and their property are the acts of bad characters. Take, for instance, the riots in Szechuan and Kutien. These were caused by outlaws, a fact duly supported by evidence. The local authorities are charged with the duties of looking after the people and seeing that tranquillity prevails within their jurisdiction. If they do not take precautionary measures to prevent trouble, or after trouble has arisen if they fail to act properly, they are guilty of an offense and should be punished.

The viceroys and governors are responsible for the provinces, and if the local authorities fail to do their duty they can not repudiate the charge intrusted to them.

Fourth. That the punishment of officials found guilty of negligence in case of a riot, or of connivance with rioters, shall not simply be degradation from or deprivation of office, but that they shall be, in addition, rendered forever incapable of holding office, and shall also be punished by death, imprisonment, confiscation of property, banishment, or in some other manner under the laws of China in proportion to the enormity of their offense.

To this the princes and ministers would observe that as to the punishment inflicted on delinquent officials—those who fail to meet their liabilities to the Government—have their property confiscated by order of the Emperor. Other offenses, such as officials taking bribes or violating the statutes, are merely punished by deprivation of office.

The punishment of “forever holding office again” is inflicted only for offenses of a very grave nature. The punishment by death, banishment, or imprisonment for the above offenses is not provided for by the penal code. If such severe punishment were to be inflicted on officials [Page 63] who have failed to deal properly with, missionary cases, it is feared that the people would treat them with contempt; besides, outlaws who entertain a grudge against local officials might some day say that the officials who have punished us are now in turn being punished themselves. Should this feeling of contempt increase serious complications might arise. The princes and ministers, therefore, do not see their way clear to carry out the above suggestions.

Fifth. Your excellency suggests that the Imperial decree embodying the above provision shall be prominently put up and displayed in every Yamên in China.

To this the princes and ministers would state that during the past few years the Yamên has frequently instructed the high officials in the provinces to act as already decreed by the Emperor, and it does not seem necessary to discuss this point.

In a word: Whenever missionary cases have occurred of recent years the Yamên has always taken action in good earnest. Everything has been done in cases that have not interfered with the internal administration of China, or have not been in violation of treaty stipulations.

The friendly relations existing between the United States and China have always been staunch and firm. The princes and ministers believe that the minister of the United States will be considerate in this matter, and hope he will send a copy of this communication for the information of the honorable Secretary of State.