So far as I know our relations here are most cordial, and I expect them
to so remain.
[Inclosure.]
alleged assault upon the united states
vice-consul-general, mr. e. v. kellett, by soldiers of his
siamese majesty’s army, in chiengmai, on the 19th of november,
1896.—decision of the arbitrators.
Whereas we, the undersigned, have been duly appointed and authorized,
respectively, by the United States and Siamese Governments to
investigate a certain alleged assault upon the United States
vice-consul-general, Mr. E. V. Kellett, at Chiengmai, in November,
1896, and to arbitrate all questions of law, fact, and reparation of
said alleged assault;
Whereas we have held an investigation in both Bankok and Chiengmai,
and have heard all evidence obtainable in this matter;
Whereas from said investigation it appears that on the 19th of
November, 1896, at about 7 p.m., after and following certain
difficulties between said vice-consul-general of the United States
and soldiers of His Siamese Majesty’s army acting as police, in
regard to the arrest of a clerk of said vice-consul-general of the
United States, the said vice-consul-general was assaulted in one of
the main streets of Chiengmai by a number of said soldiers;
Whereas this unfortunate incident could have been avoided, or at
least its gravity lessened, if the Nai Roi Ake, i. e., Capt. Luang
Phuvanat, the officer in command of the soldiers who committed said
assault—had taken the steps which his duty and the circumstances
required;
Whereas the Nai Roi Tri, i. e., Sublieutenant Choi, under whose
immediate command the soldiers who committed said assault were
placed, and who was present when said soldiers committed the
assault, did nothing to prevent them from inflicting injuries upon
the person of the vice-consul-general;
Whereas Nais Kram, Nieni, and Phun, ordinary soldiers, while obeying
certain orders, are convicted of having transcended such orders and
of having struck several times said vice-consul-general, using to
that effect the butts of their rifles and inflicting bruises upon
his body;
Whereas the conduct of said officers and soldiers is to a certain
extent excusable, from the excitement resulting from the unusual and
imprudent steps taken by said vice-consul-general in this matter:
Therefore we have agreed on the following:
- I.
- The Nai Roi Ake, i. e., Capt. Luang Phuranat, shall be
recalled to Bangkok
[Page 675]
without delay after the publication of this decision; he
shall be reprimanded in the presence of an official of the
United States legation in Bangkok and a Siamese official of
equal rank; he shall lose the grade he holds in His Siamese
Majesty’s army and shall be reduced to the grade of Nai Roi
Toh, i. e., lieutenant, from which he shall not be promoted
for a period of two years from date of reprimand; he shall
be suspended from the army without pay for a period of one
year from date of reprimand; he shall not return to
Chiengmai within five years from date of this
decision.
- II.
- The Nai Roi Tri, i. e., Sublieutenant Choi, shall be
recalled to Bangkok without delay after the publication of
the decision; he shall be reprimanded in the presence of an
official of the United States legation in Bangkok and a
Siamese official of equal rank; he shall not be open to
promotion for a period of eighteen months from date of
reprimand; he shall be suspended from the army without pay
for a period of six months from date of reprimand; he shall
not return to Chiengmai within five years from the date of
this decision.
- III.
- Nais Kram, Niem, and Phun shall be recalled to Bangkok
without delay after the publication of this decision; they
shall be reprimanded in the presence of an official of the
United States legation in Bangkok and a Siamese official of
equal rank; they shall be deprived of their pay during three
months from date of reprimand; they shall not return to
Chiengmai within five years from date of this
decision.
We have also agreed:
- (a)
- That His Siamese Majesty’s Government shall express its
official regrets to the United States Government, through
the latter’s representative in Bangkok, that soldiers of His
Siamese Majesty’s army committed an assault upon the person
of a consular official of the United States, and shall duly
instruct the chief commissioner of the Monthon Laochieng,
Phya Song Surady, to take such steps as will prevent a
repetition of such an incident.
- (b)
- That copies of this decision shall be published in the
official gazettes of both Governments within a reasonable
time after their acquaintance with the same, and one shall
be posted on the gateway of the police station in Chiengmai
for not less than three weeks and within seventy-five days
of date of said decision.
Done in duplicate at
Chiengmai
this 20th day of
September, 1897.
- John Barrett,
Minister Resident and Consul-General
of the United States,
Arbitrator on behalf of
the United States Government.
- Pierre Orts,
Assistant Legal Adviser to His Siamese
Majesty’s Government,
Arbitrator on behalf of
His Siamese Majesty’s Government.
