Mr. Conger to Mr.
Hay.
American Legation,
Peking,
China, July 6,
1904.
No. 1647.]
Sir: Continuing the subject-matter of my
telegram of the 5th instant, I have the honor to inclose copies of
further correspondence with the foreign office, and to conform my
telegram of the 5th instant.
As you have already seen from Mr. Miller’s report, the soldiers did not
know that there were any foreigners on the boat, hence the killing of
Mr. Etzel was neither premeditated nor intentional, and the soldiers
were, at most, only guilty of criminal carelessness.
The Chinese Government has no general prisons with provisions for labor,
or any sort of humane treatment, and anything beyond a five-year term is
practically a death sentence. It seems to me, therefore, that a sentence
of five years’ imprisonment for the corporal who was in charge of the
men and commanded them to fire, and cashiering the commandant of the
district who is responsible for the discipline which made the commission
of such a crime possible, is all the punishment that can reasonably be
demanded.
As to the indemnity, I am of the opinion that, considering all the
circumstances, $25,000 Mexican, voluntarily offered to the family of the
deceased by the Chinese Government, in a spirit of friendliness, is a
reasonable sum; hence my recommendation that the punishment and
indemnity may be accepted in full settlement of the case.
On the 2d instant I received from the executors of Mr. Etzel’s estate a
request that I demand of the Chinese Government $60,000 gold as
indemnity. I declined to present this claim because of its extreme
unreasonableness, and to-day have notified them, of the recommendation
in my telegram confirmed above.
I inclose copies of the executor’s letter and of my reply.
I have, etc.,
[Inclosure 1.]
Executors of estate of Lewis L. Etzel, deceased, to Mr. Conger.
Your Excellency: We, as executors, have
duly attested at the United States of America consulate-general, at
Tientsin, for the late Mr. L. L. Etzel, an American subject, who was
recently killed on the high seas of Niuchwang in [Page 174] circumstances known to you, desire to
ask your excellency’s powerful offices in putting before the Chinese
Government a claim on behalf of Mr. Etzel’s estate for compensation
for his death. We should mention that Mr. Etzel had dependent upon
him an aged mother and two sisters, who are now deprived of this
source of income through the unlawful act of Chinese soldiers in
Government employment. We respectfully submit that his family are,
in justice, entitled to be indemnified.
We respectfully venture to suggest that a sufficient sum (capitalized
at 5 per cent) be claimed to bring in a monthly allowance of from
$275 to $300 gold, which would be, roughly, $60,000 gold.
We trust your excellency will feel disposed to present this claim to
the proper authorities. Thanking you in anticipation,
We are, etc.,
A. H. Jaques & W.
Blanchard,
Executors Estate of L.
L. Etzel, deceased, Tientsin.
[Inclosure 2.]
Mr. Conger to
executors of estate of L. L.
Etzel.
American Legation,
Peking, July 6,
1904.
Gentlemen: I have received your
communication of June 30 requesting me to present a claim against
the Chinese Government for an indemity of $60,000 gold, to be paid
to the estate of L. L. Etzel.
I regret to say that in my judgment the amount you request is so
exorbitant that I am unwilling to file it without direct
instructions from my Government, to which, however, I will at once
present it.
I ought, however, to inform you that the Chinese Government has
already offered to pay to the family of the said Etzel $25,000
Mexican. I have telegraphed this proposition to the Department of
State at Washington and asked instructions thereon.
Very respectfully, yours,
