Minister Rockhill
to the Secretary of State.
American Legation,
Peking, June 9,
1905.
No. 14.]
Sir: I have the honor to inclose a copy of a
dispatch recently received from the consul-general at Canton
transmitting a letter of the viceroy with regard to the wanton drowning
of a Chinese by American men-of-war’s men in September last. The case
was reported to the Department at the time both by the consulate-general
and the legation, and in reply to the representations of the latter an
acknowledgment was received.
The facts, which appear to be established, are that an unoffending
Chinese of good class was met on a bridge by some men in the uniform of
American sailors, of whom there were a number on shore leave at that
time. These sailors were seen to throw him over the parapet into the
mud, where he died of suffocation, but they made good their escape; and
as it afterwards proved impossible to identify them, no one was
punished.
The only thing that could be done to make some measure of amends was to
allow a money compensation to the family of the murdered man in the same
manner that we would have demanded one had the victim been an American
and the aggressors Chinese. This course was recommended by the court of
inquiry with the concurrence of the American consul-general and was
urged by the legation.
Up to this time nothing has been done by our government, and it now
appears that unfortunate results may quite probably ensue. I am strongly
of the opinion that for the sake of our national honor and reputation
for fair dealing, as well as in the interests of abstract justice, some
reparation should be made for this crime. If a favorable
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decision of the Department regarding this
question were to be telegraphed to me or to the consulate-general at
Canton, it would have a very beneficial effect on the feelings of the
Chinese.
I have, etc.,
[Inclosure 1.]
The American
Consul-General to Chargé Coolidge.
American Consulate-General,
Canton, May 10,
1905.
Sir: I have the honor to inclose herewith
copy of the communication from the viceroy of the Two Kwangs with
translation with regard to the drowning of a Chinaman here last
year.
This unfortunate case has been fully reported to the legation by Mr.
Cheshire. It is one that should be settled at once and an indemnity
paid the family of the deceased Chinaman, otherwise the action of
our government in declining to meet what the Chinese consider a just
demand may result in unpleasent relations between the Americans and
Chinese here. If the case is not settled I shall have the greatest
difficulty in securing redress from the authorities here in the case
of attack on the persons and property of Americans in this
district.
Unfortunately all foreigners have openly discussed this case, both
here and in Hongkong, and the opinion generally is in favor of the
Chinese claim. Many unfair attacks have been made in the press,
which have been copied in the Chinese newspapers.
The family of the drowned man come to the consulate constantly, but I
am obliged to tell them that I have heard nothing from my
government, and I can not say what might happen if the family, who
are encouraged by the English papers and by foreigners to press
their claim, are not indemnified.
I have, etc.,
[Subinclosure.]
The Viceroy of the Two
Kwangs to Consul-General Lay.
Sir: In the matter of the death by drowning
of Ho Choy Yeen, assistant comprador of the S. S. Kansu, which act was caused by some American sailors
throwing him into the creek (off Shameen), sometime ago I deputed
officers, who, with the former consul-general (Mr. Cheshire), held a
joint inquiry into the case and in the decision arrived at it was
recommended that the Government of the United States be asked to
indemnify the family of the deceased; also that continued efforts
should be made to ascertain if possible the real culprits, who, in
the event of their being found and their guilt established, should
be dealt with as provided by the laws of their country (the United
States).
The above decision was signed by the members of the court of inquiry
as evidence.
At various times I have telegraphed the Waiwu Pu (Chinese department
of foreign affairs) in regard to this matter, and received replies
to the effect that the question had been submitted to the American
minister, who promised to bring it to the notice of his government.
This is all a matter of record.
Now, I beg to state that a long time has elapsed and the real
culprits have not been found out, neither has anything been done in
the matter of providing for an indemnity (for the deceased
family).
The family of the deceased and the gentry and merchants of Canton
have repeatedly petitioned me about the arrest of the guilty and the
payment of indemnity as decided by the court of inquiry, but nothing
has been settled or arranged, and their request was very strong and
urgent.
I beg to observe that if some plan of meeting the case is not devised
without further delay it is to be feared that the feelings of the
people may become more and more aroused, and most probably another
trouble will arise which may impair the friendly relations existing
between the two governments.
I know and have respect for the honest and straightforward way your
honor deals with questions that arise, and I therefore have the
honor to request that, acting on the decision rendered by the court
of inquiry, you will be good enough to lay this matter before his
excellency the United States minister at Peking, requesting him to
bring it to the notice of your government, asking that an indemnity
be paid to the family of the deceased and at the same
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time every effort be made
to ascertain who the real culprits are and have them punished, thus
complying with the stipulations of treaty and maintaining friendly
relations between our respective countries.
