Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898
Mr. Denby to the Secretary of State.
Peking, China, April 7, 1898.
Sir: I have the honor to inclose herewith a copy of dispatch No. 3, of the 22d ultimo, from our consul at Canton; also a copy of a petition filed before the consul by Wong Fook; also a copy of my dispatch No. 413, of April 7,1898, to our consul at Canton.
These papers involve the question whether a Chinese person who was born in the United States in 1878 did, by virtue of such birth, become a citizen of the United States.
There are circumstances in the case which are peculiar. For instance, the sixth paragraph of the petition states that “the murdered man had resided in Hongkong for a few years for the purpose of studying the English language,” as if the English language could not have been learned in the United States.
It must also be determined whether in all cases of murder or injury to foreigners the Chinese Government is liable, whether its agents have been negligent or not.
I have declined to present this claim to the Chinese Government and await your instructions.
I have, etc.,
Mr. Bedloe to Mr. Denby.
Canton, China, March 22, 1898.
Sir: I have the honor to inform you that a report concerning the murder of an American citizen of Chinese descent, named Wong Goni Sing, born in the United States in 1878, is going forward to-day to the United States consul general at Shanghai, who will doubtless communicate its contents to you with a view to obtaining instructions respecting the amount of indemnity that should be demanded. I have taken up the case for the brother of the deceased, who is also a native American citizen, and have urged the Viceroy to do his utmost to bring the guilty parties to justice.
[Page 201]The murder was committed on February 10, ultimo, at Tai Ling Po, in the Sunwei district of the province of Kwang tung, about 100 miles distant from the city of Canton, and was a shocking outrage, the body showing no less than nineteen cuts about the head, hands, and arms. The amount of money taken from the deceased was only $3 or $4, Mexican. The chief magistrate of the Sunwei district appears to have done next to nothing in the matter of bringing the guilty parties to justice, and I am therefore endeavoring to induce the Viceroy to dispatch a deputy, accompanied by an assistant from this consulate, to conduct a careful inquiry on the scene of the murder, in the district of the Sunwei magistrate, and to place the magistrate under an examination to elicit information respecting his inspection of the corpse and the declaration the magistrate posted up at his Yamên ten days after he had viewed the body of the victim.
I have, etc.,
Dr. Edward Bedloe,
Consul and Judge in the United States Consular
Court at Canton, China:
The petition of the plaintiff Wong Fook (Chinese characters) humbly showeth:
- 1.
- That he is a native-born citizen of the United States of America, resident temporarily at Tai Ling Lo (Chinese characters), in the Sunwei district of the Province of Kwangtung, in the Empire of China, and is engaged in business in San Francisco.
- 2.
- That the defendant or defendants are subjects of the Emperor of China and are resident within the jurisdiction of his excellency the viceroy of the Liang Kwang (Chinese characters).
- 3.
- That the petitioner arrived at Hongkong from the United States by the steamship Peru six months ago, and in Hongkong met his brother Wong Goni Sing (Chinese characters), third son of Wong Mok (Chinese characters), of Rock Spring, Wyo., United States of America.
- 4.
- That petitioner is the eldest son of the aforesaid Wong Mok, of Rock Spring.
- 5.
- That petitioner and his brother aforesaid were born in the United States—the petitioner in San Francisco in 1870, and his brother aforesaid in 1878.
- 6.
- That the aforesaid Wong Goni Sing had resided in Hongkong for a few years for the purpose of studying the English language, the course of study being concluded when the petitioner arrived at Hongkong from the United States six months ago, as stated in paragraph 3.
- 7.
- That soon after his arrival in Hongkong, petitioner left that British colony with his brother, the aforesaid Wong Goni Sing, and proceeded to the village of Pokhong and subsequently to the village of Tai Ling Po (Chinese characters), in the Sunwei district, for the purpose of residing for a few weeks with his mother, whom he had not seen for many years.
- 8.
- That petitioner and his brother duly arrived at their home in Tai Ling Po, and resided there in perfect harmony with their aged mother and their wives until the 20th day of the first moon of the twenty-fourth year of Kwang-su, being the 10th day of February, 1898.
- 9.
- That after breakfast on the 10th of February (20th day of first moon) the petitioner’s brother received from him (the petitioner) $4 to cover any expenses he might incur in visiting the market place named Goo Dong (Chinese characters), about 2 miles (6 li) from Tai Ling Po, the aforesaid Wong Goni Sing having told petitioner (who together with his father supported, clothed, and educated him) that he wished to visit the market and wanted a few dollars for current expenses.
- 10.
- About 10 a.m. on the 10th of February the aforesaid Wong Goni Sing left petitioner’s residence, stating beforehand that he was going to visit the market place at Goo Dong.
- 11.
- That Wong Goni Sing did not return to the petitioner’s house in Tai Ling Po that day (the 20th of the first moon), and as he was still absent when the time arrived for retiring for the night, petitioner became alarmed and communicated with the neighbors, with the result that a search p’arty provided with lanterns went forth to look for the aforesaid Wong Goni Sing. The party went as far as the market place aforesaid and returned without obtaining tidings of the missing youth.
- 12.
- The next day (21st day of first moon, being 11th of February, 1898), during the forenoon, some strangers (men) came to petitioner, who was talking with some neighbors in the street, and said they “had heard about a dead body lying in a [Page 202] palm-tree grove about 1 mile (3 li) from the village of Tai Ling Po.” The petitioner’s informants promptly left petitioner after reporting what they said they had heard, and it was therefore impossible to get any details from them.
- 13.
- That petitioner did not recognize the men who told him they “had heard there was a dead body in the palm-tree grove,”
- 14.
- The men referred to in paragraphs 12 and 13 appeared to be residents of the district in which Tai Ling Po is situated.
- 15.
- That shortly after the men left petitioner gathered together some relatives and went forth to look for the body to see if it was the body of the missing brother.
- 16.
- After searching for about one hour the party came upon a body in the neighboring palm-tree grove. It was immediately identified by petitioner and others as the body of petitioner’s brother, the aforesaid Wong Goni Sing.
- 17.
- The body had been brutally hacked about with knives. The throat was cut almost from ear to ear. There were deep cuts in the deceased’s hands, arms, face, and head. The clothes of the deceased were saturated with blood.
- 18.
- Petitioner searched the body to see if the murder had been committed for the purpose of robbing, and found that there was no money in his purse or pockets.
- 19.
- When deceased went out on the 20th day of the first moon (10th of February) he was not in possession of a gold watch and watch chain, neither was he wearing a gold ring or jewelry of any kind whatsoever.
- 20.
- Shortly after finding the body the petitioner caused it to be carried, and himself accompanied it and the bearers to the official residence of one Chui (Chinese characters) the “Yuen Kwan,” at Sunwei, who noted the petitioner’s statement and examined the body.
- 21.
- After inspection by the “Yuen Kwan” the body was carried to petitioner’s home and then buried near the village of Tai Liug Po aforesaid.
- 22.
- About ten days after the murder was reported to the “Yuen Kwan” (magistrate) he (the “Yuen Kwan”) had a document posted up at the entrance of his official residence, certifying that the youth Wong Goni Sing must have been murdered. This document bore the seal of the “Yuen Kwan.”
- 23.
- Petitioner has no reason for believing that deceased had had a quarrel with some person or persons, and that a quarrel resulted in a fatal fracas, for deceased was only 20 years of age, was very sensible, very quiet, and well behaved. He was not rowdy or dissipated, and did not visit brothels nor gambling “hells.” There are, in fact, neither brothels nor gambling “hells” in the vicinity of Tai Ling Po.
- 24.
- Petitioner believes the killing was done intentionally, the number, position, and character of the wounds leaving no doubt about the aforesaid Wong Goni Sing having been done to death.
- 26.
- In consequence of the murder of his brother aforesaid, petitioner will be a heavy loser in his business in the United States, the deceased being old enough to make himself very useful in the business and was educated for that purpose with that end in view. He was a well-educated and steady youth, and would undoubtedly have been a very useful assistant to petitioner.
Your petitioner therefore prays:
- I.
- That his consul will at once make urgent representations to the viceroy, requesting his excellency to issue directions to the officials of Sunwei district to grant proper protection to the family and the relatives of petitioner.
- II.
- That the viceroy cause more careful and complete inquiries to be made into the whole case, and that most vigorous and immediate efforts be made to bring the murderer or murderers to justice.
- III.
- That petitioner be supplied through the consul at Canton within one week with a copy of the declaration of the Yuen Kwan of Sunwei district, wherein he certifies that he has seen the body and is convinced that death was caused by wounds inflicted by certain persons then unknown.
- IV.
- That the officials of Sunwei district be caused to make immediate and very thorough search for the murderer or murderers, and that petitioner be supplied with a copy of the report of all proceedings taken by the Chinese with a view to bringing the guilty party or parties to justice.
- V.
- That in view of the great loss sustained by petitioner through the murder in Sunwei district of his brother aforesaid, an indemnity, by way of compensation be obtained promptly from the Chinese authorities, such indemnity to be fixed by petitioner’s consul in consultation with the viceroy of the Liang Kwang or in some other way.
- VI.
- That your petitioner may have such further and other relief as to your honorable court may seem proper.
Petitioner.
Witness:
Mr. Denby to Mr. Bedloe.
Peking, China, April 7, 1898.
Sir: I have received your dispatch No. 3 of the 22d ultimo, wherein you ask my interposition in a case growing out of the murder of Wong Goni Sing.
I have also received from the consul-general a copy of a petition of Wong Fook, wherein he asks you to secure from the viceroy “proper protection to the family and relatives of petitioner,” the punishment of the murderers, and an indemnity.
This case presents grave questions, which, under the rules governing this legation, must be submitted to the State Department before I can take it up.
The rules governing the presentation of claims by the legation are found in section 134 of the Personal Instructions of 1885, which reads as follows:
If the claim is founded in contract they (the diplomatic agents) will, in no event, interfere without specific instructions to do so. If it be founded in tort, they will, as a general rule, in like manner, seek previous instructions before interfering, unless the person of the claimant be assailed, or there be pressing necessity for action in his behalf before they can communicate with the Department; in which event they will communicate in full the reason for their action.
It is settled by section 140, Consular Regulations, 1896, that Chinese persons can not be naturalized, but the question now presented touching their rights, if born in the United States, is of first impression.
In sections 174 and 197, Second edition Wharton s International Digest, the question is alluded to, and in the latter section the author says:
Whether, when born in the United States, Chinese are citizens has been incidentally questioned.
For the reasons above stated, I am unable to present this claim to the Chinese Government, and I think it best for you to await instructions from the Department before proceeding further with it.
I have reported the matter to the Department.
I am, etc.,