Mr. Conger to Mr.
Hay.
Legation of the United States,
Peking, September 9,
1902.
No. 1084.]Sir: Referring to my No. 1070, of August 16,
concerning the complaint made by certain Chinese, citizens of the United
States, in Honolulu, against the Chinese consul there, and the vicarious
punishment of their relatives in China, resulting from his actions, I
inclose further correspondence with the foreign office, and have the
honor, etc.,
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[Inclosure 1.]
Prince Chi’ng
to Mr. Conger.
Your Excellency: I am in receipt of your
excellency’s dispatch with reference to certain complaints from Lam
Sai and Wong Liong, Chinese residents at Honolulu, citizens of the
United States of America, who sent a petition to the Department of
State making accusation against Mr. Yang Wei-pin, Chinese consul at
Honolulu.
That the American Government instructed the governor of Hawaii to
inquire carefully into the truth of the charges and inform the
Department of the result of his investigation.
That the acting governor carefully examined petitioners and found
their testimony true.
Further, that complainants and others were members of the Bow Wong
Society, which was looked upon as a seditious organization, but that
the Consul Yang Wei-pin adopted a method of suppression which
punished the friends and relatives in China for those (suspects)
abroad; in other words, by coercion.
In complying with instructions, your excellency requests the Chinese
Government to take such prompt action as will adequately respond to
the sentiments of justice and humanity.
The foreign office has already sent the contents of the above
dispatch, accusing Consul Yang Wei-pin, to His Excellency Wu
(Ting-fang), Chinese minister in your honorable country, to examine
and deal with it in a just and reliable manner.
As in duty bound, I send this reply for your excellency’s
information.
A necessary dispatch.
Dated Kuanghsu, twenty-eighth year, seventh
moon, 25th day (August 28, 1902).
[Inclosure 2.]
Mr. Conger to
Prince Chi’ng.
Legation of the United States,
Peking, August 30, 1902.
Your Highness: I have the honor to
acknowledge the receipt of a dispatch from your highness, dated the
25th of the seventh moon, in which your highness states that the
complaints against Consul Yang Wei-pin have been referred to His
Excellency Wu Ting-fang for investigation, and that he would deal
with the case.
With reference to this subject, I beg to remark that dealing with the
complaints against Consul Yang Wei-pin is a small matter as compared
with the far more serious question of vicarious punishment.
Your highness will note in my letter of August 14, 1902, that I
specially emphasized this point of vicarious punishment of offenses
by the imposition of fines and imprisonment upon innocent kinsmen of
the offenders, and that it is a species of moral torture, not only
inconsistent with the conduct of civilized states, but that it is a
form of coercion incompatible with the enjoyment of the recognized
rights of asylum.
No civilized state would permit resort to vicarious punishment.
It is therefore not a question of what His Excellency Wu Ting-fang
can do, but what the Central Government will do to prevent the
officials throughout the Empire from committing such outrages.
As China is endeavoring to be counted in the comity of nations, her
Government should alter and adapt her laws so as to be in harmony
with the laws of the great nations of the world, which do not
countenance vicarious punishment.
I can only reiterate the hope that the Chinese Government will
speedily take up this important question and consider it in the same
light which prompted the United States Government to draw attention
to the question.
I would avail myself, etc.,
[Inclosure 3.]
Prince Chi’ng
to Mr. Conger.
I have the honor to acknowledge the receipt on the 29th of the
seventh moon (September 1) of your excellency’s dispatch relating to
the case of the charges preferred against the consul to Hawaii by
Chinese who are naturalized citizens of the
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United States; that an examination of the
affair of the charges shows that, however small, it has caused
innocent relatives of the guilty parties to suffer very severe
punishment vicariously, and your excellency asks whether or not our
Government can instruct the officials of the various provinces to
abstain from further employment of these severe measures, and hopes
that attention may be given to the matter, and that in accordance
with the kindly sentiments of your Government the law permitting
vicarious punishment may be revised, etc.
Our board has examined and finds that the Chinese code has no statute
as to vicarious punishments and that the principles of justice and
humanity are the same as in other lands. In compliance with your
excellency’s dispatch we have already instructed the viceroy of the
Two Kuang and the governor of Kuangtung to command the local
officials that hereafter they will not be permitted to subject the
families of Chinese who have gone abroad to harsh treatment, which
is strictly in accordance with the sentiments expressed by your
honorable Government.
As in duty bound, we send this reply for your excellency’s
perusal.
Kuanghsu, twenty-eighth year, eighth moon,
4th day (September 5, 1902).
