and call upon me to assist them. I have carefully considered their several claims, and after reducing as much as possible, find that it will require 1,500 taels to justly satisfy them. In my despatch of the 21st ultimo, I had the honor to request the arrest of three noted sword-rack ruffians, known as Hu Tai, Hu Lau-san, and Hu Lau-sz, charging them with being accessories before the fact to the assault on me and others. During the interview at my house on the 20th Captain Townsend informed the commissioners and district magistrates that he had waited a long time for the imperial authorities to mete out justice in this case, and that after waiting a few days longer for them to make arrests, he should feel that they were powerless against the sword-racks, and that it was his duty to arrest them himself in order to trial. After three days, Yuh and others informed me that no arrests had been made, and that the difficulties were so great that Wu, the district magistrate of Kai-chau, whose duty it was, had become crazy. This was thought sufficient, and on the morning of the 25th ultimo Captain Townsend ordered a body of men and officers to be landed from the United States steamer Wachusett, who proceeded to the house of the Hu family and arrested Hu Lan-sz and twenty-one others. A large number of weapons found on the premises were also taken, but nothing else was molested. Although Hu Tai and Hu Lau-san are yet at large, the twenty-one followers of the Hus have been released to you at your earnest request and promise that they should be kept in safe confinement until some investigation had taken place. Since then, at a number of interviews, you have urged that Hu Lau-sz (a brother of Hu Lau-san and father of Hu Tai) be also delivered to you. It has been my opinion, as well as Captain Townsend's, that it would be impolitic to accede to this request; for we think that the sword-rack organization would, with arms superior to your own, soon effect his escape. The lawless influence exercised over this region by these bands has been often represented to you and at Peking; and the late occurrences render it necessary that at last other measures should be adopted to secure foreigners from insult, in accordance with treaty stipulations. Although your will is good in this matter, I am nearly sure that you have not the power to proceed against them; and the governor general has refused to let Pan and his troops aid in preserving the peace and executing the laws, so that I feel that we are as unprotected as ever. Nevertheless, since you represent to me that if I take Hu Lau-sz to Peking for trial you will severally and jointly suffer in position, I have, after earnest reflection and consultation, decided to depart from my first intention, only under the following understanding: 1. That I shall receive a despatch from yourselves, bearing the seals of the collector of customs, and of the four local authorities, stating that you are strong enough to hold this Hu Lau-sz from any attempts on the part of his band, and will retain him in prison until your superiors at Peking, in conjunction with the United States minister, shall have given you instructions in the matter. 2. That you will arrest the sword-racks Hu Lau-san and Hu Tai, with a view to their trial as accessories before the fact in the assault on me; and to eventually disperse these bands of men who take the law into their own hands. 3. That Pan, the colonel in command of the imperial troops, has consented to render all necessary assistance towards the safety of Hu Lau-sz; arrest of the other Hus; and general protection and quietude of this port. 4. That the sum of 1,500 taels shall be deposited in my hands as damages in favor of those who were wounded, to remain undistributed by me until the amount is approved by the foreign office, and the United States minister at Peking. In conclusion, I can only say, that this is my final decision in regard to the disposal of the prisoner Hu Lau-sz; and as I shall sail to-morrow in the Wachusett for Peking, I trust that you will have fully determined upon your course, that all may be satisfactorily settled at the interview this afternoon. The present moment does not admit of arguments setting forth treaty stipulations, but the exigencies of the case have often been explained to you by Captain Townsend and myself; and in case I am obliged to refer to Peking, the same facts shall be represented there from the different legations. I have the honor to be your obedient servant, To CHING. His Imperial Majesty's Collector of Customs; FRANCIS P. KNIGHT, United States Vice-Consul. TSAI and KWOH, Commandants of Kai-chau and Niuchwang. E. Mr. Williams to Prince Kung. LEGATION OF THE UNITED STATES, SIR: On the 25th of May last I had the honor to receive your imperial highness's despatch, in which you informed me that you had directed some efficient officers to go to Yingtsi, and there investigate and settle the affair of the American consul; to which I replied on the 1st ultimo. I have now to acknowledge a note from the foreign office of the 16th instant, in which the proceedings of Mr. Knight, in arresting twenty-two men by means of foreign soldiers, and taking them to the man-of-war, are referred to, with the request that he may be directed to deliver them over to the authorities, &c. I have recently received the following report respecting these events from the United States consul at Niuchwang: "On the 23d of June I attended, with Captain Townsend, of the Wachusett, at the court, where Ching, the collector of the port, and Yuh and Kuei, the special deputies, were assem bled, with the local authorities, to try the case, at which time my servant Chang, and seven men in all, of the Chin family, were examined. The fifty or sixty marines present were. there by the consent of the officers as spectators, and to do honor to the occasion. The man Chang was first tried, and it was proved that he had not stirred up the quarrel to get back the borrowed fur coat, and then led on the consul to attack the house, as he had been accused; but five of the other prisoners directly confessed that they had fired on the consul and other foreigners in the open street, on the 31st of March, who had given them no provocation. It was also generally known that Chin Hi Shing and his fellows were sent out on this business and supplied with arms to fire on the foreigners by one Hu, who is a leader of the sword-racks. The officials were quite willing that he and his bands should be arrested; but they said that they were afraid that they had not force enough to do it. Two or three days having passed and no arrests having been made, it was deemed best by Captain Townsend to do it, as the last clause of article eleven of the treaty permits arrests in order to trial to be made either by the officers of China or of the United States. "During the night of the 26th of June he accordingly arrested Hu and others, twenty-two men in all, and took them on board ship, and immediately informed the authorities that he was ready to hand them over for trial, and to deliver up all the arms and guns he had seized in their house. In a few days he did send twenty-one of the prisoners and the weapons to the officials, who were to examine and try the men, but he still retained the leader, named Hu-sz, on board ship. About the time that the Wachusett was to sail Captain Townsend and myself agreed upon the following heads with the collector of the port and the deputies, as the basis on which the trial and arrests should be settled: 1st, that the leader, Hu-sz, should be handed over to the local authorities, who engaged that he should not escape from their hands; 2d, they agreed further to arrest the two other leaders of the sword-racks, named Hu Tai and Hu Wu; 3d, that as it had been proved on trial that four foreigners had been wounded in the attack, one of whom had had his leg amputated, it was agreed that a compensation of 1,500 taels should be given them. All the local authorities have agreed to these points." From the preceding statement I am quite convinced that the collector, Ching, and the deputed officers, Yuh and Kuei, have examined and decided this case in an equitable and just manner. The prisoner Chin Hi Shing and his four accomplices have confessed that they fired at the foreigners, who had given them no provocation, with the intention to kill them; and as the matter has been unravelled and sifted to the bottom, it only remains that they all be summarily punished according to law. As to the compensation of 1,500 taels which the officials agreed should be paid to the wounded men, it will be entirely in accordance with the precedent recently given at New Chwang in the case of a British subject, who was fined 500 taels for accidentally wounding & Chinese; and I have therefore to request that it be immediately paid to them and the case settled. S. WELLS WILLIAMS. I have the honor to be, sir, your imperial Majesty's obedient servant, His Imperial Highness PRINCE KUNG, &c., &c., &c. Mr. Seward to Mr. Williams. No. 35.] DEPARTMENT OF STATE, Washington, August 15, 1866. SIR: I have to acknowledge the receipt of your despatch of the 21st of May· No. 33. In connection with that paper you have transmitted to me a copy of the correspondence which has passed between yourself and Mr. Knight, United States consul at Niuchwang. I learn from this correspondence that the port of Niuchwang is infested with a band of mounted robbers, whose depredations, defiant of imperial authority, are neither prevented nor suppressed by law. It appears that Mr. Knight was lately violently assaulted by some of the brigands, and that he escaped only with great peril. It also appears that although the Chinese government seems disposed to act in good faith, the system of its police in the region referred to is so defective as to leave the lives not only of the Chinese, but also of those who are strangers, in that place exposed. It appears, also, that before your letter was written, Admiral Bell sent a war steamer, the Wachusett, Captain Townsend, to that port, with a view to quiet the causes of apprehension, and that his report has not yet been received. In this emergency Mr. Knight has applied to you for a small supply of large and small fire-arms to be deposited in the consulate, and used, if necessary, for his defence. You have referred that request to this department. I am of opinion, first, that you ought to address a spirited protest upon the subject to the imperial government, and ask for its prompt attention to the duty of suppressing the robberies complained of. Second, that you confer fully upon the subject with the commanders of the United States naval forces, and call their attention to the necessity of visiting as frequently as possible the port of Niuchwang, and enforcing by proper demonstration the attention of the Chinese local authorities to the grievances of which Mr. Knight complains. Third, if in your judgment the dangers described have not already ceased, you will procure and furnish, or will direct the consul, Mr. Knight, to procure such small supply of muskets and pistols as shall be thought adequate to the protection of the consulate. You will take an inventory of the arms thus furnished, and will hold the consul at Niuchwang responsible for their safe-keeping, and return to the legation when the necessity for their use shall have passed by. They will then be sold by your direction or retained in the legation, as you shall think expedient. You will send a copy of the invoice before mentioned to this department, and will charge the cost of the weapons, and their transmission, to the incidental expenses of the legation. The letter which you addressed to Mr. Davenport upon this subject (a copy of which is annexed to your despatch) is approved. I am, sir, your obedient servant, S. WELLS WILLIAMS, Esq., &c., &c., &c. WILLIAM H. SEWARD. Mr. Williams to Mr. Seward. No. 40.] LEGATION OF THE UNITED STATES, SIR: When Mr. Knight, the United States vice-consul at Niuchwang, reached this city on the 17th ultimo, he visited all the foreign ministers in order to explain to each of them personally the condition of affairs there, and the importance of securing protection for life and property from the bands of lawless ruffians who kept the country in terror, and had been implicated in the attack on him. They were gratified to have the clear account which he was able to give them. Taking for my guide the propositions in Mr. Knight's report given in my last despatch, I drew up the letter to Prince Kung, (enclosure A,) which my colleagues agreed to address to him separately, and send to him on the same day. Her Britannic Majesty's minister directed his secretary of legation, Mr. Wade, to join me, as his deputy, in a visit to Wansiang, to whom the whole subject was presented in the clearest manner. Mr. Knight accompanied us, and described the attack on himself, and consequent proceedings of the officials, and proved their utter inability to resist the depredations and insolence of the sword acks. I have also the honor to enclose a copy of the prince's reply, (enclosure B,) and I was told to-day that a body of five hundred foreign armed and drilled troops have been sent to Yingtsi, in accordance with its recommendations There is one feature of this affair at Niuchwang which has not been at all apparent at any other port, viz: the planning of a deliberate attack on foreigners by native banditti, showing that they were conscious of the inability of their rulers to punish them for any assault they might make. The people have borne their exactions as best they could, and with surprising patience, but things there have reached such a pass, that the authorities are now likely to adopt measures to repress these ruffians, and our united representations will stimulate them. The foreigners at Yingtsi habitually carry arms, which is unnecessary any where else in China, and the result of this first attack by the sword-racks will not encourage them to repeat it, while the ease with which Commander Townsend's party arrested a number of them will deepen the impression. The arrival of the Wachusett was most opportune, and the terrified people showed their sense of the security she gave by relanding their goods and reopening their shops. Since she sailed no indications of an intention to revenge the death of the men who were killed have appeared, and the Chin criminals are still in prison. The military have also destroyed some houses belonging to the organization, which promises more active measures against it, and I understand that the English admiral will send a gunboat to winter there, to give additional security to the settlement, which contains altogether about seventy people. I have the honor to be, sir, your obedient servant, S. WELLS WILLIAMS, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. Chargé d'Affaires. A. Mr. Williams to Prince Kung. LEGATION OF THE UNITED States, SIR: The United States consul at the port of Niuchwang has recently informed me that, in consequence of the lawless proceedings of bands of armed men, having their headquarters in Yingtsi, who have attacked foreigners and committed so many acts of violence that life and property of all classes are unsafe, and the commerce of the port paralyzed, it is imperative to take measures to remedy these evils and restore confidence to the inhabitants, &c., &c. Your imperial highness is already aware of the existence of these armed bands, but their depredations have reached so great a height that delay is no longer possible. The circumstances are so imminent that I take the liberty to propose some plans which, if adopted, will do much to re-establish order and secure peace. 1. An officer of rank equal to a prefect should be appointed to reside at Yingtsi, with civil jurisdiction, who can manage all matters relating to foreigners and have control over the country for at least thirty miles around that town. 2. He should have the control of at least five hundred foreign, armed, disciplined troops to suppress these bands of lawless men, who now infest the town and adjacent country, and bring their leader to punishment, and also to seize the fire-arms which they have stored up to supply the men under their control. 3. The people should be forbidden to carry swords and arms when they go abroad. They have been obliged to do so by the lawlessness of the ruffians, but it tempts to acts of violence and causes general suspicion and alarm. If these steps are immediately taken the increased revenue of the port derived from the larger trade will soon defray the outlay on the part of the imperial government, and restore quiet to all that region; but a longer delay will compel foreign nations to do something to obtain that security which his imperial Majesty is, by treaty, required to maintain. I have the honor to be, sir, your imperial highness's obedient servant, S. WELLS WILLIAMS. His Imperial Highness PRINCE KUNG, &c., &c., &c. B. Prince Kung to Mr. Williams. [Translation.] JULY 27, 1866, (TUNGCHI 5th year, 6th moon, 16th day.) Prince KUNG, chief secretary of state for foreign affairs, herewith sends a reply: I have the honor to acknowledge the receipt of your excellency's despatch of the 20th instant, in which you inform me respecting the disturbed state of Niuchwang and propose three plans for remedying the present evils, &c., &c. In reply to this despatch it may be stated that, as the affairs growing out of the intercourse between natives and foreigners living at Niuchwang or Yingtsi, in the districts of Haiching and Kaiping, in the province of Liantung, were becoming very troublesome-for although these two districts are near each other and involved in the same events, they are still under different authorities-I memorialized the Throne last year and obtained permission to have sufficient powers granted to the collector of customs of the eastern district that he might consult with the local authorities of those districts and attend to and settle all complaints of robbery and loss of life, or litigation, and all cases arising out of the foreign trade. Your other proposition to send drilled troops to Niuchwang has already been under careful consideration, but the matter shall again receive careful deliberation as to how the drilled troops may be increased in those places. As to the other proposal in the despatch under reply, that fuller measures should be taken to repress and punish breaches of the peace in those districts, I have accordingly now sent particular orders to the local authorities to join with the collector of customs and give their earnest, undivided efforts to carry out all proper means, and not to stop till the brigands and robbers are exterminated. I have enjoined them not to begin vigorously, then end negligently, but so to act that my plans of protecting and guarding the people of those districts shall be effectual; and your excellency's clear and wise suggestions to the same end shall be perfected. The foreign office will devise immediate measures to preserve the peace in those quarters, and also to appoint suitable officers to govern them, with due regard to the efficient protection of every interest; and it is for the purpose of informing you of what has been done that the present reply is now sent. His Excellency S. WELLS WILLIAMS, No. 170.] Mr. Seward to Mr. Burlingame. Department of State, Washington, August 21, 1866. SIR: I have to acknowledge the receipt of Mr. Williams's despatch of the 3d of April last, No. 27, relative to the Coolie trade, and to the reception of consular officers from China. After an attentive consideration of these subjects, I have to say, with regard to the first, that while we have prohibited the Coolie trade, our act does not define who or what are Coolies; it, however, expressly excepts from its inhibition and penalties the free and voluntary emigration of any Chinese subject, or any vessel carrying such persons as passengers, provided that a permit or certifi cate be signed by the United States consul, setting forth the fact of his voluntary emigration, which document should not be given until the consul shall be satisfied by proper evidence of the truth of the facts therein contained. The regulations prescribed by the Chinese, French, and English governments are well calculated to test the fact that such emigration is free and voluntary. The Chinese government has a right to prescribe such regulations, and you will, therefore, cause instructions to be given to our consular officers in China requiring them to ascertain that these regulations have been complied with, before they grant permits or certificates to American shipmasters to embark emigrants. With regard to the reception of Chinese consuls by this government, I find no statute assuming to confer or to regulate the power of receiving and recognizing the consular officers of foreign states, nor do I perceive any legal obstacle to the reception and recognition of consuls from China by the United States government. I am, sir, your obedient servant, ANSON BULINGAME, Esq., &c., &c., &c. WILLIAM H. SEWARD. |