File No. 7655/27–28.
Department of State,
Washington, March 15,
1909.
No. 562.]
[Inclosure.]
The Secretary of
State to Consul Denby.
Department of State,
Washington, March 15, 1909.
No. 203.]
Sir: Referring to the department’s
instruction No. 188, of January 27, 1909,1 in response to your
dispatch of December 22, 1908,1 in which your attention was called to the
department’s instruction2 of the 19th
of January, a copy of which is on file with the clerk of the
United States Court for China, you are directed in reply to the
communication from the Shanghai tao-t’ai inclosed with your
dispatch of the 22d of December:
- First. To call his attention to the views of the
department regarding the status of the United States
Court for China as set forth in the memorandum of the
law officer of the department.
- Second. To state that the protest of the viceroy of
Yun-kwei, transmitted to you by the Shanghai tao-t’ai,
for the first time makes the suggestion that the United
States Court for China should, in adjudging the De Menil
case have provided compensation for the family of the
lama who was killed.
You will acquaint the Shanghai tao-t’ai with the fact that it is
of course a sufficient answer to this suggestion to say that the
case mentioned was a criminal prosecution for murder and not a
civil suit for damages based on negligence. Such a suit might
have been brought, if, in the opinion of the family of the
deceased, his death was due to the negligence of the defendant,
and such a suit might still be brought if the family of the
injured man is so advised and if the defendant can be located
within the jurisdiction of the United States Court for
China.
You are authorized to inform the Shanghai tao-t’ai that the
United States minister at Peking has been instructed to
communicate with the Wai-wu-Pu in regard to this matter and
explain to him that under our law damages can not be collected
through a criminal prosecution for murder, but must be sought in
an appropriate civil suit. A copy of your communication to the
tao-t’ai should be furnished the United States Court for China
and the legation at Peking.
If you have not already done so, you are instructed to furnish
the United States Court for China with copies of your dispatch,
No. 284, of the 22d of December, 1908, with its inclosure, and
of the department’s instruction in reply thereto.
I am, etc.,
(For the Secretary of State.)
Wilbur J. Carr, Chief Clerk.
