templated slighter cases, but was willing to confront it in this, as it was most proper and just. He asked if the four Chinamen might be availed of to confront the seventeen men? On board the flag-ship, I replied; but could not deliver them up. Why? Because the seventeen men must know their evidence convicts them, and will be angry towards them, and endeavor to involve them. The force of this objection he seemed to appreciate. He at length asked, what was best to be done? The first best plan is for his excellency, Pih, to re-examine the evidence, to admit the falsity of that of the seventeen pirates, and the validity of the six seamen and four Chinese, and condemn and execute the seventeen men at once-if to-morrow, so much the better for both governments-and, added, emphatically, the United States government would persist till they are executed. That to liberate them would be to afford them opportunity of committing other piracies, and would be like letting tigers loose to destroy the people. To this, he remarked, they are originally bad men! Yes, beyond doubt. He adverted to returning them to Amoy. This I strongly protested, for the reason set forth in my dispatch of the 12th instant. The second best course would be, to hold a mixed court on board the "Susquehanna," if their excellencies are not satisfied; but that my own government is immovably settled in the conviction of their guilt. These two measures were reported to him before he left. In the course of the interview, I remarked that justice should be the aim of both governments. That if I thought the men innocent and Pih thought them guilty, I would use all my influence to have them acquitted. I also assured him the commodore, the consul, and every one acquainted with the subject, took the same view as I had expressed of their guilt and desert. Also informed him I had taken measures to have more of the guilty men at Pa-chung-san arrested; that if his government would not deal justly by these, that they may be sent to the United States for trial and punishment. The interview was very friendly and satisfactory, and, under the circumstances, may be admissible, having protested the propriety of such interference. PETER PARKER. Mr. Parker to Mr. Webster, [Extract.] [No. 32.] LEGATION OF THE UNITED STATES, SIR: It becomes my duty to inform the department that I have pursued the case of the unfortunate "Robert Bowne" so far as is practicable or expedient to do by correspondence, and now refer the sub ject to the superior wisdom and pleasure of the home government.(Enclosures 1 to 13 relate more or less directly to this case.) My proposition for a joint trial on board the flag-ship at Whampoa (vide dispatch No. 31, enclosure No. 12) having been declined, (enclosure No. 1,) the four Chinese witnesses were delivered up, a petition to that effect having been presented me by eighty-four Fühkün men, (No. 2,) at the same time offering to produce the surviving sailors, (enclosure No. 3.) To this their excellencies paid no regard; but proceeded to confront the seventeen men by the Chinese witnesses alone, and reported that, accordingly, only one criminal, Sooyew, had been found guilty; a second had died in prison, and the remaining fifteen declared innocent, (No. 6.) Against this exclusion of important testimony, I remonstrated and insisted upon the evidence of the sailors being taken, (No. 7.) This was also refused, on the ground that there was no precedent for it, (No. 9.) The tenor of this dispatch is highly exceptionable, even more so in the Chinese than in the translation, and called for the decided tone adopted in my rejoinder, (No. 11,) to which I particularly request your attention; and in which I have shown that there exists a precedent for the course I had proposed, briefly recapitulated the important points in the case, alluded to the necessity of equity and justice on the part of both governments, intimated that the government of the United States will hereafter execute its own laws, in cases of piracies on the high seas that come under its jurisdiction; and that it only remains to resume the discussion of this case with the imperial court, and to look to his Majesty the emperor for the justice which his excellency Governor Pih Kwei has refused. I beg, respectfully, to suggest the expediency of a direct communication from the President of the United States to the Emperor of China, agreeably to the provisions of the 31st article of treaty, containing an exposé of the mal-administration of the officers with whom we have had correspondence; their failure, in repeated instances, to grant the full provisions of the treaty, at the same time availing of the opportunity to present this recent instance of breach of good faith, on the part of an imperial officer, in a case in which the lives of our countrymen have been sacrificed by subjects of China. The necessity of this measure will be further illustrated by correspondence I shall soon have occasion to transmit you relative to the spirit and conduct of the local authorities at Füh Chow. * Enclosures * * * * * relate to the sale of the "Robert Bowne❞ on the 24th July. From the report of Mr. Bradley, it appears that said vessels and stores sold for $8,372 09, and that the nett proceeds are 6,082 71. With sentiments of esteem and distinguished consideration, I have the honor to remain, sir, your most obedient servant, PETER PARKER. No. 1. Seu, imperial high commissioner, &c., Pih, governor of Honan, &c., have the honor to acknowledge the receipt of the honorable vice commissioner's two dispatches of the 12th and 19th instant, both of which we have perused and fully understand. We have examined the dispatch of the 12th instant, which quotes the 14th article of the treaty which relates to the transhipment of goods, &c., and must have been erroneously quoted. In the 21st article it is contained: "Subjects of China who may be guilty of any criminal act towards citizens of the United States, shall be arrested and punished by the Chinese authorities according to the laws of China, and citizens of the United States who may commit any crime in China, shall be subject to be tried and punished only by the consul or other public functionary of the United States, thereto authorized according to the laws of the United States." The 24th article provides, that "controversies between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, shall be examined and decided conformably to justice and equity by the public officers of the two nations acting in conjunction, &c.," and there is nothing expressing meeting together for judicial trial, and it is rather difficult to manage accordingly. As to the seventeen men who have been sent to us, deputed officers have several times, with special rigor, examined them under torture, and all their testimony coincides. We, the minister and governor, have again and again consulted what to do, and have doubts upon four points, and there are three things difficult to perform, and seeing we (the two nations) are at amity, it is impossible not to express them with true sincerity. 1. It is stated in the dispatch that there were 410 Chinese at the time they together committed the murder; the number of the men, altogether, was great, and certainly their hands must have been excessively occupied, and their feet in a state of confusion, filling the vessel with their clamorous noise. Is it possible to distinguish each one clearly, and be able to say these seventeen men were the murderers? This is one point of doubt. 2. It is stated in the dispatch that the 410 men jointly committed the plunder. If the whole number were brought up together, then the murderers were manifestly among them, and it would not be difficult for the water to flow off and the rock to appear, (that is, to determine the guilty.) Now, to exclude 393, without questioning them, and only send 17 men, and point them out as murderers, without the property plundered and without witnesses. This is a second point of doubt. 3. The dispatch states there are four Chinese witnesses. It were right and proper that these and the seventeen men be sent altogether for the convenience of confronting and judging them. Now, to conceal and not send them, causing the seventeen offenders to be without any to confront them, the disputed officers cannot, in the highest de gree, torture and force them to confess their guilt. This is a third point of doubt. 4. It has been stated in the dispatch that there are four Chinese witnesses. Then it is manifestly necessary carefully and specially to interrogate them. Now their names and surnames are altogether unknown, which is very unreasonable. And this is a fourth point of doubt. 1. China manages cases, (in this way,) one man is beheaded, another is banished; but in each case there must be the testimony and the confession of the accused, and witnesses to confront them, and the strict truth be discovered, and a list of the crimes minutely written down, and a dispatch addressed to the criminal board, (at Pekin,) and the slightest doubt and flaw, and erroneously to exclude what should be inserted, and to include what should be excluded, in a high degree provokes the grave deliberation (of the criminal board) upon the offence. I, the great minister and commander-in-chief of the army in Kwang-se, and I, the governor, in his stead, manage the seals, and how can I presume, while the subject is not yet clear, to dispose of the case? I should personally provoke the grave deliberation, (of the criminal board.) This is one thing difficult to perform. 2. The said seventeen offenders take advantage of there being no one to confront them, and, being the true murderers, they would not be willing to confess it, and if rigorously examined under torture till they die, and before the evidence is established, they are in the meantime punished to death. Now, would it not be to sin against the good will of heaven and violate my conscience. This is the second thing difficult to perform. 3. On the 19th instant, from the two districts of Changchew and Chaon Chow, in the province of Fuh Kéin, Foo Yunguen and others holding official rank, eighty and more persons signing the petition, petitioned me not to return the seventeen men to Fuh Kéin, but liberate them here, and requested to become their sureties. I have not yet replied to their petition, and if the honorable vice commissioner will send these four Chinese witnesses, there is no objection to instituting another trial, and for both innocent and guilty, (literally the unsubstantial and real) there is an established law. I make this agreement for three days; if by the 28th instant, they do not come, I have only to take the said offenders, and under restraint, send them back to the local officers of said place, carefully to try them. Moreover, I am not willing through favor to admit them to bail. I, the governor, have received from heaven an upright and guileless disposition, and can face heaven and earth, and how can I on account of ever being at amity, falsely condemn and put to death innocent subjects. This is a thind thing difficult to perform. Chinese and foreigners, alike, possess a huamn heart, and to one possessing knowledge who peruses this, it must be plain. As requisite, we make this reply, and avail ourselves of the occasion to present the compliments of the season. The foregoing communication is addressed to Peter Parker, chargé d'affaires ad interim of the United States of America to China. KEEN SUNG, 2d year 6th month 5th day, (July 21, 1852.) No. 2. "Is a respectful statement" of Yunguen and some eighty Chinese to Mr. Parker, chargé, &c., that the seventeen be liberated on their security; and that the four witnesses be sent on and a new trial had. Merchants holding official rank of the department of Chang Chow and Tsuen Chow, in the province of Füh Keen.-(Here follow eightyfour Chinese names.) Dated 22d July, 1852, at Canton. No. 3. and Is a memorandum by Mr. Parker of the reception of No. 2, from "twenty or thirty of the signers, apparently respectable men that through his Chinese secretary he sent them word "that full justice shall be done, so far as I am concerned." With this verbal reply they are said to have expressed themselves well satisfied, remarking "that it was just and proper." * * PETER PARKER. No. 3. Mr. Parker to Seu and Pih, Commissioners, &c. LEGATION OF THE UNITED STATES, Canton, July 22, 1852. SIRS: The undersigned, chargé d'affaires ad interim of the United States of America to China, has the honor to be in receipt of your excellencies' dispatch of the 21st instant, which he has perused and fully understands. At an early date the undersigned will reply to it in full, in the meantime he has examined and finds that China manages cases in this manner, "one man is beheaded, another is banished, but in each case. there must be the testimony and the confession of the accused, and witnesses to confront them, and the strict truth be discovered," &c. With the exception of the testimony and the confession of the accused, this he regards as just and proper. It is stated in the dispatch that if the four Chinese witnesses are produced, there is no objection to instituting another trial. The undersigned has this day received a petition from Foo Yunguen and others, eighty and more men, natives of Changchow in the province of Füh Keen, persons holding official rank, now trading at Canton, earnestly praying that the Chinese witnesses may be delivered over to the imperial commissioners for the purpose of again instituting a clear trial and confronting the seventeen men, &c. |