eign representatives, on the afternoon of the same day, that war with Japan existed. Your telegram of July 31, which was received here August 2, stating that "our minister to Japan was promptly instructed to exercise good offices for China," was at once communicated to the Yamên and put an end to their anxiety. A telegram from Mr. Dun, stating that he had actually taken the subjects, legation, and consulates of China in Japan under his protection, was subsequently received and communicated to the Yamên this morning. I have, etc., CHAS. DENBY, JR. Mr. Denby, chargé, to Mr. Gresham. LEGATION OF THE UNITED STATES, Peking, August 8, 1894. (Received September 22.) SIR: On the 6th instant the prince and ministers wrote to this legation, stating that they were informed that Japanese spies had been sent into the interior of China in disguise, and announced their intention of dealing severely with them if apprehended. In replying to this dispatch, I considered it my duty to urge the Chinese Government to proceed with moderation and to be influenced rather by motives of humanity than by bitterness toward Japan. I have, etc., [Inclosure 1.] CHAS. DENBY, JR. The Tsung-li Yamên to Mr. Denby, chargé. AUGUST 6, 1894. As Japan has commenced hostilities, all Japanese merchants and others residing in China have been placed under the protection of the U. S. Government. The prince and ministers, on receiving, some time ago, a communication from the chargé d'affaires of the United States on the subject, addressed the high officers of the various provinces, and also sent a reply to the chargé d'affaires. The Yamên have now received a telegram from the minister superintendent of northern trade to the effect that some twenty or thirty Japanese have been deputed from Tientsin as spies. They have changed their dress and shaved their heads and made their way secretly to various places for the purpose of prying into the condition of our military affairs. By the rules laid down in international law, paragraphs 627 and 641, the most severe punishment is meted out to military spies. As relations of friendship have been broken off and war exists at the present time between China and Japan, merchants and others, natives of Japan, who are peacefully pursuing their vocations, will be protected as provided by treaty, but military spies do not come within the rule of being entitled to protection, and the most severe punishment will be inflicted upon them, as provided by international law. The Yamên have addressed the Tartar generals, governors-general, and governors of the various provinces to take strenuous measures to secretly apprehend all who are engaged as spies, and, as in duty bound, the prince and ministers send this communication for the information of the chargé d'affaires of the United States. [Inclosure 2.] Mr. Denby, chargé, to the Tsung-li-Yamén. AUGUST 8, 1894. YOUR HIGHNESS AND YOUR EXCELLENCIES: I have the honor to acknowledge the receipt of your dispatch of the 6th instant, with reference to the reported presence of Japanese spies in the interior of China, engaged in gaining information as to the military affairs of the country. Should Japanese be found in the interior under such circumstances as to excite suspicion as to their character, it is to be hoped that a most careful examination will be made and every opportunity given them to prove their innocence before any action is taken against them. In such matters it would be easy to make mistakes whose consequences would be much to be regretted. As there are no armed forces of Japan within Chinese territory, and as the war is being conducted entirely abroad, the infliction of extreme penalties would be unjustifiable. I respectfully suggest to your highness and your excellencies that the safety of China would be sufficiently guarded and sufficient punishment inflicted on Japanese found unlawfully or in disguise within the interior if they were taken to the nearest seaport and transported to their own country. I hope that your highness and your excellencies will be guided in this matter by humane motives and not allow your action to be influenced by feelings of bitterness toward Japan. I avail, etc., CHAS. DENBY, JR. Mr. Denby, chargé, to Mr. Gresham. LEGATION OF THE UNITED STATES, Peking, August 14, 1894. (Received October 1.) SIR: In my dispatch of the 8th instant I inclosed a copy of a dispatch from the Yamên with reference to the treatment of Japanese spies seized in China, and a copy of my reply thereto in which I recommended that such spies be punished by being transported to Japan. Under date of the 12th instant the Yamên writes, saying that the suggested punishment seems inadequate and that China will be obliged to act more severely for her own defense. The ministers renew their promise of protection of peaceable Japanese, and assert that they are not influenced by any feelings of bitterness toward Japan. My motive in counseling leniency is to prevent conviction on insufficient evidence and to prevent unnecessarily cruel treatment of any Japanese, really guilty, who may be seized. This sentiment is a natural one, in view of the horrible cruelties and tortures recognized by the Chinese criminal code. Some days ago at Tientsin, a Japanese, who was supposed to have left the city, was arrested under suspicious circumstances. He was coming at night from the house of the chief secretary of Director Chang, of the ordnance department. It is charged that he was in the habit of procuring military and naval intelligence by bribery. I advised the U. S. consul that it would be proper for him to request the Chinese authorities, as a courtesy, to inform him of such arrests and of the outcome of the examination. I have, etc., CHAS. DENBY, JR. Mr. Denby, chargé, to Mr. Gresham. LEGATION OF THE UNITED STATES, Peking, August 14, 1894. SIR: I have the honor to report that at 1:30 a. m. on the 2d instant the British ship Chungking, trading between Tientsin and Shanghai, was boarded at Tongku, a coal wharf on the Peiho below Tientsin, by armed Chinese soldiers, some fifty in number, and all the Japanese passengers forcibly removed therefrom. These Japanese consisted of about twenty-four women, one man, and the wife and children of the Japanese consul at Tientsin. The wife and children of the consul were, fortunately, not seriously molested. The others were bound, hand and foot, and removed from the ship, the soldiers asserting that they were acting under orders. After being left upon the wharf for a time they were unbound and confined in a warehouse. At 5 o'clock in the morning, a superior Chinese officer arriving on the scene, they were replaced on board the ship, having been, however, robbed of about $600 in money, besides some other property. This disgraceful incident was at once reported to this legation by Consul Read, but the departure of the ship immediately after the event has rendered it difficult to obtain a detailed account thereof. An attempt was made to get a statement from the Japanese passengers at Chefoo, through our consular agent, but they preferred to make a statement at Shanghai. Upon receipt of Consul Read's report, I wrote him requesting him to obtain from the viceroy-whose soldiers were the aggressors-an expression of regret at the unwarranted attack on defenseless Japanese and particularly for the violence threatened, though not executed, against the Japanese consul's wife. He was also instructed to induce the viceroy, if possible, to restore the money and property of which these people were robbed. The viceroy's attitude was perfectly satisfactory. He expressed great grief at the assault, which he completely disavowed, and he expressed his apologies for the affront offered to the wife of the consul. He promised to punish the guilty parties and to recover the stolen goods. He further authorized me to convey to you this expression of his sentiments. As soon as certified statements of the losses of the Japanese can be procured, they will be submitted by Mr. Read to the viceroy, and there will end all connection of this legation with the affair. The British authorities have energetically taken up the matter, in so far as it concerns the violation of the neutrality of their flag, and the Chinese authorities are prepared to make every concession to their demands. United States Minister Dun, on the 7th instant, telegraphed me with reference to this affair as follows: Japanese consul and other Japanese from Tientsin attacked, while on British vessel by Chinese soldiers at Tongku. Consul will send particulars. You are requested to investigate. I received this telegram on the 8th instant and replied at once as follows: The viceroy expressed grief affair Tongku; promises to punish guilty and recover stolen property. Japanese consul not aboard; no one seriously injured. In compliance with the request to investigate, I have taken steps to obtain sworn statements of the affair from the captain of the ship and several foreign passengers, which will be forwarded to our minister at Tokyo. I have, etc., CHARLES DENBY, JR. Mr. Gresham to Mr. Denby, charge. [Telegram.] DEPARTMENT OF STATE, Washington, August 18, 1894. Chinese minister complains that the U. S. consul at Shanghai is protecting Japanese spies. Report immediately and fully. Mr. Jernigan to Mr. Uhl. CONSULATE-GENERAL OF THE UNITED STATES, Shanghai, China, August 21, 1894. (Received September 22.) SIR: I have the honor to report that on the 2d I received from the legation at Peking a telegram of the 1st, informing me of the declaration of war between China and Japan, with instructions that the United States had undertaken the protection of Japanese interest in China. On the same day the Japanese consul-general at this port addressed to me an official communication on the subject, and requested one of my flags to fly from his consular pole. He communicated to me that the request was made under instructions from his minister at Tokyo, Mr. Mutsu. The wires from Shanghai to Peking had stopped working, and it requires about ten days for a letter to reach Peking, and this denied me the instructions of the legation for the time, and I answered without instructions. I informed the Japanese consul-general that, upon general principles, I did not understand that the functions of his office would be continued in me; that I could not, in the absence of special instructions, assume to exercise any of his consular functions, for they ended with the declaration of war, and that the use of my flag, as proposed, could not be granted, for it might have the tendency of an unfriendly import to China, was unusual, and besides, it was not necessary for the United States to accent any declaration they might make, for it would be respected anyhow. He then asked me what I conceived to be the character of the new duties devolved upon me. I replied that such of his countrymen as desired to remain in China to pursue their peaceful business vocations would be protected by my Government, and if molested that I would feel it my duty to promptly bring the matter to the attention of the Chinese Government, and if charged with an offense to intervene to the extent of having the charges intelligently made before the proper court. He asked me if his countrymen in China were under American law. I answered that they were not under American law as an American citizen would be, nor could Japanese be tried in the court of this consulate-general. It was somewhat difficult to make the scope of my meaning clear, until I pointed out to the Japanese consul-general the inconsistency of taking down his flag and continuing the functions of his office under my flag. Subsequently I have received the legation's circular, and was gratified that I had kept within instructions. At the time of the declaration of war there were about one thousand Japanese at this port, scattered over the city, and engaged in various business vocations. This number was greatly augmented by the coming here of nearly every Japanese at the other treaty ports. This being the larger and better protected, all came here. Within the last two weeks many have returned to Japan, though there are still here as many as 800. The intense bitterness between China and Japan emphasizes the complications that may arise here at any moment, and my first step was to invite to my office the manager of a branch of the Japan Bank and four other Japanese well known and respected in business circles. These readily agreed to constitute a consulting committee, through which I could reach their countrymen, and to aid me in getting as many of their countrymen to go to Japan as could without serious injury to their business. Thus far the plan has worked favorably, but you will appreciate, with a knowledge of Asiatic races, the delicacy of my position. I will do my best, believing that you will view liberally my mistakes. The subtle diplomacy of Asia is more successfully opposed by simplicity and firmness. I send our minister at Peking all the reliable war news I receive. China and Japan appear very determined. I am, etc., T. R. JERNIGAN, Consul-General. Mr. Denby, chargé, to Mr. Gresham. [Telegram.] PEKING, August 21, 1894. I have received your cipher telegram. According to the Yamên statement, prefect of Shanghai on the 13th saw in the French concession two Japanese wearing Chinese clothing, and securing arrest by the French consul, plans were found upon them. French consul delivered them to the consul general of the United States, who refused to give them up without definite instructions of legation of the United States. Yamên requested their delivery. I replied I could not act until the U.S. consul-general has reported. The U. S. consul-general telegraphs accused asked for asylum until the case investigated. Was granted with this understanding, that status quo shall be maintained. Accused papers safe. Important principle involved. The rights of China doubted. The U. S. consul-general urges the legation to await written report, expected to arrive to-morrow. I have assured Yamên of impartiality and request delay. On receiving report of U. S. consul-general will telegraph. Mr. Gresham to Mr. Denby, charge [Telegram.] WASHINGTON, August 21, 1894. Telegram 21st received. Was French consul required to surrender the two Japanese in French concession at Shanghai on demand of Chinese authorities? If so, why did he deliver them to U. S. consulgeneral? Our legation and consulates in China are not authorized to hold Japanese accused of crime against the demand of Chinese authorities. |