[Inclosure.] Doctor Canright to Mr. Conger. CHENTU, WEST CHINA, December 13, 1902. DEAR SIR: Your letter of September 18 to hand. Two days before you wrote the Boxer uprising here in Sze Ch'uan reached its climax, in the capital at least, although T'ung Ch'uan and several other places had serious times after that, even. The triennial examinations being in progress at the time, the city was crowded with students from all parts of the province. Early on the morning of the 16th between 20 and 30 Boxers came in at the south gate. They met with little resistance from the guard there, and then went rushing through the streets waiving their flags and brandishing knives. They called upon all good citizens to close their doors and stay within. Everyone promptly obeyed. These Boxers, instead of being joined by comrades within the city, as they seemed to expect, were left to themselves, until finally, near the viceroy's yamen, soldiers attacked them and killed 5. Later in the day most of the others were captured and beheaded. Nothing less than a panic reigned in the city all that day and the feast day following. People were expecting something terrible to happen, but we are thaukful to say these expectations were not realized. The examinations passed off quietly, and a few days later our new viceroy, Ts'en, arrived. He very soon established order in the city, and this good influence has gradually spread until now comparative quiet reigns in most districts again. Missionaries are all back in their homes and work is going on as usual. Thus the storm has gradually blown over for the present at least. Upon the viceroy's arrival, the Protestant missionaries in Chentu sent him a united letter of welcome to the province. He replied cordially and has since invited us to counsel with him about our work. On the 9th of December he entertained us at a dinner with himself and all the higher officials present in person. Allow me to sincerely thank you again for your prompt aid in this crisis. Yours, very truly, Mr. Conger to Mr. Hay. H. L. CANRIGHT, No. 1236.] LEGATION OF THE UNITED STATES, SIR: As will be seen by the inclosed copies of translations from the Chihli Gazette of March 18, an attempt has been made in the district of Yu-t'ien, about 100 miles east of Peking, to reorganize the Boxer association, but was promptly suppressed by the energetic action of the viceroy. Several soldiers lost their lives in the attempt to arrest the criminals, but 7 of the criminals were killed and 10 more arrested, who are ordered beheaded and their heads exposed where the organization started. Only such prompt and severe measures will prevent similar organi- I have, etc., [Inclosure 1.] Translation from the Chih Pao (Chihli Gazette) of March 8, 1903. REPORT OF ARREST AND PUNISHMENT OF BOXERS IN THE YU-T'IEN DISTRICT AND ACTION The T'ung-chou-Yung-p'ing brigade general, Li An-t’'ang, and the district magistrate of Yu-T'ien, Ch'eng Chin, report: "In the matter of Boxers drilling at Liu-ho-t'ao, in the district of Yu-T'ien, we sent petty officers to make thorough search, and on the 26th of the first moon (February 23, 1903) they arrested Kan Lin-ch'iang and others, men and women, ten in all, who were practicing Boxer arts, and we now ask for orders as to how we shall deal with them." To this reply was received as follows: "The contents of the report have been carefully noted. Proclamations have been issued repeatedly, strictly forbidding any revival of the disturbances of 1900, which were originated by the Boxers, but Kan Lin-ch'iang and his party, having no regard for the law, assembled a lot of people to form a band of Boxers and drilled them in the dead of night. When they were being searched for by the civil and military officials, they dared to resist arrest and killed and wounded several soldiers. Thereupon seven of them were killed, men and women, and their heads exposed as a warning. Ten others, men and women, were arrested and their swords, spears, flags, pennons, charms, and pledges, all proofs of their evil designs, were brought to light. I shall depute Taotai Chang Hsi-luan, of the military secretariat of the regular force, to proceed at once with all haste and make a thorough investigation, and deal with the matter according to the regulations already in force. As to the ten men and women already in custody, let them be carefully tried and afterwards beheaded, and let their heads be sent to the place of their rebellion and suspended as a warning to all and a testimony to the rigor of the law. We shall expect also that some plan be devised to secure the remainder of the band. Let every exertion be made to root it out, so as to prevent further trouble. Forward this with all haste. [Inclosure 2.] Proclamation of Viceroy Yuan Shih-k' ai. This proclamation is issued to clearly set forth certain prohibitions. Whereas on my taking charge of this office in the middle of the eleventh moon of the XXVII year of Kuanghsu (January, 1901), after the troubles which the province of Chihli had experienced, certain lawless bandits leagued themselves together to excite the people, again bring on calamity, and revive the dying embers of sedition, it became most urgently necessary to prepare severe regulations and by heavy penalties suppress disorder. At that time I decided upon eleven regulations, which were printed and published far and near, giving information to all, and I ordered all my subordinates to strictly enforce the prohibitions, all of which is a matter of record. For more than a year these regulations have been uniformly observed, and the province has been entirely quiet. But, perhaps because a long time has elapsed, some have grown careless and have not given special attention, so that they have secretly incited the people and caused the remnants of evil to sprout again, thus occasioning trouble and bringing calamity upon the country people. It becomes necessary, therefore, to again set forth these prohibitions, which have been printed and published for information, admonishing all to exert themselves to observe them and put away evil, that they may enjoy the blessings of widespread peace and prosperity. Let everyone tremblingly obey. An urgent special proclamation. ELEVEN REGULATIONS FOR TEMPORARY USE IN THE SUPPRESSION OF DISORDER. 1. Those dealing in magical spells to befool the people shall be beheaded. 2. Those propagating evil teaching and practicing evil arts, no matter whether leader or followers, shall all be beheaded. 3. Those who band together to plunder or who employ weapons to commit violent crimes shall be beheaded. 4. Soldiers and runners connected with the yamens who are in sympathy with evil societies or Boxers shall be beheaded. 5. Householders who furnish quarters for evil societies or who harbor Boxers shall, after an examination demonstrates their guilt, be imprisoned for five years, and their property shall be confiscated to reward (informers). 6. In case of clans or villages some of whose people may be connected with evil societies or Boxers, the chiefs of such clans or the elders of such villages, together with the local constable, must at once report the same to the officials, that they may FR 1903-6 follow up the matter and deal with it. Should they assist and conceal them and rebelliously refuse to report, so soon as the matter becomes known the said chiefs of clans and village elders shall be imprisoned for one year; the local constable shall be imprisoned for a year and a half. 7. In all places where altars may be established and evil teachings propagated and practiced, immediately upon its becoming known to the local official he shall destroy the said altars and confiscate the property. If there be any informers, the property shall be given for a reward to the informers, whether men or women. 8. All who may arrest members of evil societies or Boxers and bind and send them to the officials shall be rewarded with 200 taels for every leader and the same amount for every five followers delivered. Those who report rumors upon which any arrests may result shall be rewarded with one-half of the above amounts. 9. The suppression of Boxerism simply requires that the department and district magistrates shall be more diligent in making inquiry and in following up their clues and dealing with the matter conscientiously, so as to nip these disorders in the bud. Hereafter if it shall appear upon investigation that there are Boxers in any district who have set up their altars and preached and practiced their doctrines, then the official of the said department or district shall be impeached and severely dealt with according to the statute provided in case of leniency toward rebels. 10. These prohibitions are especially prepared for those who may hereafter propagate or practice evil teachings, thus stirring up trouble and rebellion. As for those who have formerly been Boxers, aside from the leaders, all who have been coerced into joining, if only they shall truly repent and immediately turn over a new leaf, shall not be involved. 11. Should anyone, cherishing a grudge, make a false accusation, hoping thereby to share the reward, on its being shown by examination that there is no truth in the charges, he shall at once receive the punishment due the crime which he shall have tried to fasten upon others. In no case shall any leniency be shown. RIGHT OF CONSULS ENGAGED IN BUSINESS TO TAKE PART IN DELIBERATIONS OF CONSULAR BODY. No. 1219.] Mr. Conger to Mr. Hay. LEGATION OF THE UNITED STATES, Peking, February 21, 1903. SIR: I have the honor to inclose copies of correspondence with Consul Fowler, of Chefoo, concerning the right of certain consular officers (being resident merchants or professional men) to take part in the deliberations of those who are in the regular consular service. Respectfully requesting your opinion upon the question, I have, etc., [Inclosure 1.] Mr. Fowler to Mr. Conger. E. H. CONGER. No. 529.] CONSULATE OF THE UNITED STATES, SIR: There has grown up a practice in this port of appointing consuls, vice-consuls, etc., without any interests to safeguard, and of late myself and my professional colleagues do not view this with equanimity; in fact, I, as senior, have been repeatedly asked why I allowed these commercial consuls to attend our consular meetings. In Chefoo there are the British, Japanese, German, and United States consuls, French and Russian vice-consuls, who are not engaged in other occupations, but confine themselves exclusively to consular duties. Of these I am the senior. We claim that the above six constitute the consular body now, and such consuls that other nations may send here who are likewise excluded from commercial pursuits; but besides the above, there are the Netherlands consul, Norwegian and Swedish consul, and the Austro-Hungarian vice-consul. The Netherlands consul is a German merchant-the only Dutchman here keeps a small dairy farm and a hotel. The Norwegian vice-consul is an employee of the custom-house as medical officer; he is the practicing physician of the port. * * The Austrian vice-consul is an Austrian in the employ of Chinese vineyard men— * We do not think it right that any but professional consuls should constitute the consular body in exterritorial countries, and particularly in Chefoo, and I write to ask you if you think I and my professional colleagues will be justified in refusing to allow these honorary consuls to attend our meetings or participate in our discussions, and thus get information which they would not otherwise have. Your opinion upon this point is respectfully solicited. I may add that so far we have not discussed this matter with them in any meetings, as we wish to know how we stand before doing so. I have, etc., [Inclosure 2.] Mr. Conger to Mr. Fowler. JOHN FOWLER, Consul. LEGATION OF THE UNITED STATES, SIR: I have received your No. 529, of the 13th instant, reporting that certain countries with apparently small interests in China are represented at Chefoo by consuls or vice-consuls who are at the same time engaged in other professional or business capacities, and inquiring whether or not "I and my professional colleagues will be justified in refusing to allow these honorary consuls to attend our meetings or participate in our discussions, and thus get information which they would not otherwise have." My personal opinion is that, upon the case stated, you would not be justified in so doing. The magnitude of one country's interests can not be a measure of its right to consular representation in another. Some governments give most careful attention to even the smallest interests of their citizens in foreign countries, while others are moved only by the larger affairs of their nationals. The question of making consuls out of merchants and professional men resident in a country is one of doubtful propriety, and to which serious objections may be made. It is a matter against which their competitors in business, through proper channels, might protest, either to the governments making the appointments or to the governments granting the necessary exequaturs; but having been once duly appointed and formally clothed with the customary exequatur, I apprehend they must be allowed full opportunity to look after the interests of their nationals, whether large or small. It is not the usual custom of the United States to appoint as consuls men engaged in any kind of business at the place of their residence, but it frequently happens that during the absence of regular consuls, vice-consuls who are engaged in other capacities are left in charge, and while so employed enjoy all the rights and perform all the functions of regular consuls. This is also done by many other governments, and as long as this practice prevails I scarcely believe you could successfully rule out the officials named from full participation in all consular functions. Very respectfully, yours, Mr. Loomis to Mr. Conger. E. H. CONGER. No. 656.] DEPARTMENT OF STATE, Washington, April 13, 1903. SIR: Your dispatch, No. 1219, of the 21st of February, inclosing correspondence with Consul Fowler at Chefoo, relative to the right of consular officers (being resident merchants or professional men) to take a part in the deliberations of the regular consular body has been received. The Department approves the view you express to Mr. Fowler that the regular consular officers at Chefoo can not properly exclude consuls engaged in other occupations from full participation in the consular functions. The conditions reported by Mr. Fowler are doubtless unfortunate and constitute a strong argument against the policy of appointing unsalaried officers engaged in trade or professions. All governments, however, appoint such officers as their commercial agents, and while these appointments may be at times the subject of abuse, the matter can not be remedied except by a general agreement among the powers. The Department does not see that the question of the compensation and rights granted to them by their governments can properly put them outside the pale of the consular body. Such officer, being appointed by a foreign government, duly commissioned and granted exequatur by the government to which he is accredited, can not be refused recognition by the consular body, nor has the consular body any jurisdiction over the conditions under which he acts. An appointing government might very justly resent any such attempt to deny him the rights and privileges which pertain to his office. The United States Government might feel it its right to protest in such case. Neither is it perceived that the question of the visible commercial interest which one country may have in another has any bearing upon the standing of the consul. If a foreign government desires to establish a consulate, that is a matter entirely with that government and the government in which the consulate is to be established. Consulates are not infrequently established with a view to future commercial relations and interests. It would therefore seem that the attitude which Mr. Fowler and his colleagues representing the great commercial powers would wish to assume toward those consuls engaged in trade or professions and representing powers with minor interests is at variance with the accepted principles of international representation. It may be recalled that the congress of Vienna decided that no question of the wealth or political importance of a power gave to its diplomatic representative any right of precedence over his colleagues of the same rank in the diplomatic corps of the capital to which he is accredited. I am, etc., FRANCIS B. LOOMIS. CONSULAR JURISDICTION IN CHINESE TERRITORY LEASED TO RUSSIA. Mr. Conger to Mr. Hay. No. 1242.] LEGATION OF THE UNITED STATES, Peking, March 20, 1903. SIR: I have the honor to inclose herewith copy and translation, handed me by the Russian chargé d'affaires, of the regulations issued by the Russian Government for the establishment of foreign consuls at Dalny. Mr. Langhorne passed through here on his way to take up the post of commercial agent, and I took occasion to place a copy in his hands. I have, etc., E. H. CONGER. |