Mr. Denby, chargé,
to Mr. Gresham.
Legation of the United States,
Peking, September 8,
1894. (Received October 27.)
Sir: I have the honor to inclose herewith a
copy of a dispatch, dated the 18th ultimo, from the consul-general to
this legation, with reference to the two alleged spies then held by him
at Shanghai.
I inclose, also, copies of all the telegrams received by me from Mr.
Jernigan on the subject, and of all the telegrams sent by me to him.
I inclose, also, a copy of a subsequent dispatch from Mr. Jernigan, which
relates to the same matter.
I respectfully call attention to this correspondence. It will help to
explain the action of this legation as to the rendition of the two
Japanese, and the reluctance of the consul-general to give them up.
As to the action of the consul-general of France in the matter, I have
the honor to state that his refusal to deliver the alleged spies to the
Chinese authorities, and his surrender of them to the consul general of
the United States, met with the full approval of the minister of France
at Peking. The French minister told me that the French consul-general
not only was not required to surrender them to China, but that “he had
not the right to do so.” In replying to your telegraphic inquiry of the
21st August, I was guided by this assurance.
I have the honor to state, in conclusion, that the opinion of the foreign
representatives at Peking was opposed to giving up the accused Japanese
without a preliminary examination before a foreign official.
I have, etc.,
Chas. Denby, Jr.,
Chargé d’Affaires ad
interim.
[Inclosure 1.]
Mr. Jernigan to
Mr. Denby.
Sir: I have the honor to communicate that
on Tuesday last the consul-general of France came to this office and
informed me that two Japanese subjects, at the instance of the
Chinese authorities, had been arrested by the French police, on the
French concession, and that he had ordered them to be brought to me.
Soon after, and before the French consul-general had left, the
police arrived with the two Japanese in custody. I stated to the
French consul-general that I was not empowered with any of the
functions of the Japanese consul-general, although representing
Japanese interests, and consequently could not try a Japanese for
any offense he might commit, but that I understood that I could
intervene in the interest of humanity and justice where the safety
and interests of Japanese were involved.
The two Japanese are charged with being spies, and to have shut the
door of the consulate in their faces would possibly have been
equivalent to turning them over to the executioner.
There was no complaint before me of charges against these Japanese.
The alleged offense against them had in no way been brought to my
attention by any officer of China, either verbally or otherwise. So
far as concerned China this consulate-general was in ignorance,
having no record before it.
The two Japanese then stood before me as asking for an asylum in
apprehension of danger to their lives. They asked to be allowed to
[Page 113]
remain in this
consulate-general until they could be made acquainted of any charge
against them, and in order that any charge made against them might
be heard before the proper tribunal.
The asylum thus asked for was granted, with the understanding that I
would adopt the necessary precautions to repel any idea that I was
protecting any enemy of China, and such as would enable me to
preserve the status quo until the matter was fully understood.
On Thursday last I received a communication from the Taotai,
requesting that the two Japanese be delivered to his officer, and
charging that they were spies. I replied that I would lay the facts
before, you and obey your instructions.
This he understood and assented to.
Some of the papers found in the possession of the Japanese would
naturally, in the state of war now existing, create a suspicion of a
character tending to support the alleged charge, but they state that
they had been students in Shanghai for several years, wearing
Chinese clothes, giving the name of the school, the teacher, the
place of their lodging, with other facts that give to their
statement a minuteness which more than raises a reasonable doubt in
their favor.
One of these young men especially has the appearance of being well
raised. His deportment is that of a gentleman, and there is no doubt
of his possessing more than ordinary intelligence.
The rule prevailing here is, when a foreigner has no consular
representative, he is amenable for trial before the mixed court.
The arrest was made on the foreign concession, and I understand the
Japanese have resided on the foreign concession, and were so
residing in a lodging house on the same when taken in custody. I
need not advance an opinion as to the summary proceedings of a
native court, and a common feeling of humanity counsels the
securement of a tribunal for their trial, the proceedings of which
would be promotive of justice according to our idea, and whose
judgment would be likewise accepted as righteous.
I may add that all foreigners here strongly approve of the course
thus far taken by me, and this course also has the indorsement of
the foreign press.
The case is one of great delicacy, and I have endeavored to use such
“tact” as to maintain good feelings all around, assuring the Taotai
that nothing should be done prejudicial to the rights of China, and
that I would neither condemn nor defend, but remain impartial to the
interests of all concerned.
I am, etc.,
T. R. Jernigan,
Consul-General.
P. S.—It appears to me that the tribunal before which Japanese,
when charged with offenses, are to be tried should be determined
with out delay.
[Inclosure 2.—Copies of thirteen
telegrams exchanged between the legation and the
consul-general.]
Mr. Denby to
Mr. Jernigan.
Report case alleged spies. Await instructions.
