Mr. Conger to Mr. Hay.
Pekin China, December 20, 1899.
Sir: I have the honor to report that I have this day received from Consul Martin, of Chinkiang, report of his action in the case of Chang Chung-hsuan and Yu Kai-ping, two employees of Mr. D. A. Emery, an American merchant, who were arrested and punished without even notifying the consul or requesting him to have them turned over to the Chinese officials, a proceeding flagrantly violating the practice in such cases which has grown up under the treaties in all the treaty ports.
The case in brief, full report of which Consul Martin has forwarded to the Department, is that the chief of police sent to the office of Mr. Emery and without any request of or reference to the consul arrested a man in his employ. Mr. Emery, on finding it out, sent another one of his employees to the police yamen with his card to demand the man’s release and to tell the official that when he wanted to arrest his employees he must apply to the American consul. For thus coming into his presence on such an errand the official had the second employee seized and bambooed, himself leaving his desk and taking a free hand in the punishment.
For this disrespectful treatment of the American consular office and the evident insult to the American merchant Mr. Martin has demanded that the officer be brought back to Chinkiang, degraded, and made to apologize to Mr. Emery.
[Page 395]There seems to be at present a general antiforeign sentiment spreading among the common Chinese people and a growing tendency among the minor officials to disregard or treat with contumely the rights and authority of foreign merchants and consuls. This must not be permitted if foreign officials here are to preserve their influence and power.
I have so instructed Consul Martin, and to-day wired him to insist with the viceroy upon the execution of the demand he has already made upon the governor through the taotai, and confirmed the instruction in a dispatch, copy of which I inclose.
It is possible that Mr. Martin’s action may be construed as hardly within the Department’s instructions, and yet it may be reasonably considered a case of such urgency as to require immediate action.
For punishment of this character to be effective and to have the influence upon the public necessary or desired must be immediate.
The Department will observe from Mr. Martin’s report that the taotai and the governor both acknowledge all the facts, and agree that, as a punishment, the official should be degraded, but desire to have it done at Soockow.
To be of any effect and to preserve American self-respect it should be done at Chinkiang.
I trust, therefore, that the action will be sustained by the Department.
I have, etc.,