Mr. Hay to Mr. Conger.

No. 221.]

Sir: I inclose herewith a copy of a dispatch from Mr. Martin, the United States consul at Chinkiang, reporting the unlawful punishment of Chinese employees of an American citizen in his consular district by a Chinese chief of police named Yang Sze Chên, and stating that he has acquainted you with the case.

Mr. Martin’s appeal to the responsible authorities for the degradation and adequate punishment of the chief of police, whose unjustifiable action has brought discredit upon the good fame of Chinese authority, appears to be so reasonable and just that it is not supposed that any representations made by you to insure Fang’s chastisement, and to cause such order to be given through the provincial viceroy as will cause the local authorities to recognize the receipt of the consul to intervene whenever charges may be laid against the dependents of an American merchant would be without proper effect. Indeed, it is thought probable that any suggestion you may make in the case will have been anticipated by the voluntary action of the Chinese Government in spontaneously reprobating the offense and visiting due penalty on the offender.

If this has not been done you will express your deep regret at being obliged to reopen the matter by making a formal request for simple justice.

I am, etc.,

John Hay.
[Inclosure.]

Mr. Martin to Mr. Hill.

No. 49.]

Sir: I have to report that on October 23, 1899, Hon. E. H. Conger, United States minister to China, arrived at this port in the gunboat Monocacy on his tour of inspection. After spending some time in examining the manner in which the records of this consulate are kept and consular work done, I, at his request, started with him to visit Nankin and Wuhu, both treaty ports in this consular district, in which are many American missionaries.

Mr. R. Willis, Her British Majesty’s consul here, kindly took charge of United States interests during my absence. While I was away from Chinkiang, as above stated, a Chinese chief of police at this port (who, though appointed here less than sixty days ago, had gained before I left a reputation for being intensely antiforeign), went into the “hong,” or place of business, of Mr. D. A. Emery, a United States citizen, and took therefrom one of his shroffs and placed a cangue on his neck. When Mr. Emery was informed he sent another of his shroffs (or clerk), a man about 25 years old, with his Chinese card to request the release of the man arrested, and to inform the chief of police if he wanted any of his employees to get them through the United States consul. On hearing this message from a foreigner the chief of police ordered the messenger to be beaten with bamboos. So outrageous was the order, his underlings (known as runners) refused to do so. He himself then stepped out from his desk, ordered him forced on his knees and bent over, his trousers taken down, and across the back of his legs about 12 inches above the knees he flogged him for some time, then again ordered his runners to proceed, which they did until 1,300 blows were thus given, causing the blood to run from both legs, and, as the blows were continued within a radius of a few inches, it literally dug the flesh out, leaving two holes. He then ordered a cangue put on his neck, and after recovering from his faint forced him to march around the city, led by a chain.

[Page 397]

No charge was or is preferred against this shroff; his sole crime seems to have been that he would dare come to his police station with a foreigner’s message and card. His action caused so much excitement among, the Chinese in the Chinese city that late in the evening a crowd estimated at about 2,000 gathered around the police station and threatened to pull it down. For a time a serious riot seemed imminent, and the danger was avoided only by the taotai of the city sending for the two men thus illegally detained and ill-treated, and turning them over to the prefect.

Mr. Willis, acting in United States interests, on hearing what had occurred sent Wan Bing Chung, our interpreter, to the taotai with his card to make inquiries. He returned to Mr. Willis and reported that the taotai was extremely vexed about the matter, and had already sent a telegram to the provincial judge at Soochow, who appointed this chief of police to his position.

This outrage caused almost an entire suspension of business in Chinkiang for two days, and has alarmed the foreigners of all nationalities along the river ports contiguous to Chinkiang.

On my return to the consulate I at once investigated the matter, finding it as above stated. Inclosures Nos. 355, 356, and 357 are copies of the dispatches sent by Mr. Willis to the taotai concerning the matter.

On Saturday, November 10, the next day after my return from Wuhu, I had it made known verbally to the taotai he had better come to the consulate. Monday, November 12, he appeared. On being questioned why he allowed this man Yang Sze Chen, chief of police, to escape from the city after his dismissal from office, he said this man was a man of rank, holding the metropolitan degree, and therefore could not be confined. Moreover, from a Chinese standpoint, he had committed no crime.

Question. Do you mean to say a Chinese official can take an inno’cent man charged with no crime and flog him almost to death, and not be amenable to punishment?

Answer. Only removal from office for being guilty of a miscarriage of justice.

Question. Do you mean to tell me a man holding a literary degree can not be confined or punished for crime?

Answer. Not until he is degraded by taking his degree from him.

Question. This, then, is your excuse for not fulfilling your promise to Consul Willis to keep him here until this matter is settled?

Answer. Yes.

He then said, “Consul, I have no excuse for this man doing as he has done. I will do all I can to help you in this matter; do not make it too hard for me. I went beyond my authority in dismissing him from office before I received permission, he having been appointed by the provincial judge.”

Question. But on receipt of your telegram the judge ordered you to dismiss him, did he not?

Answer. Yes, and he ordered me to tell him to go to Soochow, where the case would be investigated.

I then informed him I had no desire to embarrass him; I only wanted justice done; but as this man could not be punished while holding a literary degree, and that he ignored all officials in Chinkiang, I must insist on his being returned to Chinkiang and his degree taken from him, thus degrading him and rendering it impossible for him to hold office again.

Answer. I will have him brought back.

Question. Who has authority to degrade him?

Answer. The governor of the province or the viceroy.

Then I informed him I would make the demand for his degradation to the viceroy. He then requested, for his own sake, to be permitted to telegraph my demand to the viceroy and governor, which he promised to do that day. That was five days ago. He has not been returned to Chinkiang yet.

I stated the matter verbally to Hon. E. H. Conger, United States minister, during the few minutes the gunboat Monocaey was coaling at this port before proceeding on his voyage to Shanghai.

I have, etc.,

Wm. Martin, Consul.
[Subinclosure 1.]

Mr. Willis to Mr. Taotai Chang.

No. 355.]

Sir: Yesterday I received a serious complaint from the United States merchant, D. A. Emery, stating that on the 5th instant (Sunday) the Chinese chief of police, Yang Sze Chen, at this port wanted to arrest one of his shroffs, Yang Kwei Sam, without [Page 398] the usual authority of the United States consul. The arrest was made under the plea that this shroff enticed another man’s wife away from her husband.

The chief of police, accompanied by several runners, went to the said merchant’s hong and ordered the arrest of Yang Kwei Sam, who happened to be away, and another shroff named Chang Chung Hsuan spoke to the chief of police of Yang’s absence and, without any cause, this man Chang Chung Hsuan was then and there arrested and forthwith taken to the Pau Chia station. Without listening to any reasoning a cangue was put on him with the order that he must produce Yang Kwei Sam. While this was proceeding, D. A. Emery sent his compradore’s son, named Yu Kai Ping, and his office boy, with his card to tell the chief of police to release the shroff Chang Chung Hsuan and to remind him that if he wished to arrest any of his employees to apply for them in the usual way through the consul. However, as soon as the chief of police saw that a foreigner sent his men to ask for the release of Chang Chung Hsuan, he at once stepped down from the tribunal and himself bambooed Yu Kai Ping 1,300 times, after which a cangue was placed on his neck, and he was taken out on the West gate street for exposure.

The office boy ran away, and so escaped punishment.

The action of the chief of police is entirely unwarranted, both as regards the manner of arrest and punishment meted out to the man arrested. Neither of these two men had been guilty of any crime, and even had they been, as they were in foreign employ they should not have been seized without my consent.

The chief of police has by this action shown himself to be absolutely unfitted for his position. I would accordingly request that you will at once order his immediate dismissal from office, and that you will see that he is not allowed to leave Chinkiang pending further investigation.

Mr. Consul Martin and the American minister, Mr. Conger, are expected here in a day or two, and I prefer to leave the ultimate settlement of this case in their hands.

I am, etc.,

R. Willis,
In charge of American interests.
[Subinclosure.]

Mr. Willis to Mr. Taotai Chang.

No. 356.]

Sir: With reference to the seizure and beating of shroffs Chang Chung Hsuan and Yu Kai Ping, belonging to United States merchant Emery’s hong, it is reported to me by Mr. Emery that the shroff Yu Kai Ping has been so severely beaten that his life is endangered. This case is so serious that I must request you to at once arrest the Pao Chia Chü Yang Ssu Chên pending settlement of the case.

I am, etc.,

R. Willis,
In charge of American interests.
[Subinclosure.]

Mr. Willis to Taotai Chang.

No. 357.]

Sir: I have just heard with very great surprise that the Pao Chia Chü Yang Ssu Chen left this port last evening. His action was so outrageous that I laid considerable stress on the necessity for his detention here pending the settlement of the case. In my letters of the 7th and 8th instant I put this on record, and at our interview yesterday afternoon you informed me more than once that you were fully aware of the importance of keeping him here, and assured me that it was impossible for him to leave the port. It is certain that he could not have done so without the connivance of the officials, and I now write to inform you that I consider you to have been guilty of breach of faith toward me, and that I hold you personally responsible for his escape.

I am, etc.,

R. Willis,
In charge of American interests.