No. 38.
[Extract.]

Mr. Low to Mr. Fish

No. 80.]

Sir: The result of the trials of those charged with participation in the Tien-tsin massacre last year was that twenty were convicted and sentenced to death, and twenty-five others, besides the two local officials, were ordered to be banished. Sixteen of the twenty first mentioned were convicted of the murder of the French, and the remainder, of killing the three Russians. The sixteen were executed, but the sentence of the other four was temporarily suspended at the suggestion of the Russian minister, as I was then informed. Subsequently I learned that this action was taken because the Russian minister declined to accept the punishment decreed to the four culprits in full satisfaction for the crime, nor would that, or any other number of executions, be considered as ample, unless the guilt of those accused be established by a joint examination in which the Russian consul should take part. It was finally agreed that the four men in question should be re examined in the manner proposed. After a searching investigation the Russian consul general became satisfied that two of the accused were guilty of the murder of his nationals, and that the other two, while aiding and abetting, did not actually commit any overt act.

When the result of the re-examination became known, the friends of the least guilty parties petitioned the consul general to get his consent to the commutation of their punishment, to which reply was returned that any such action would be transcending the powers of the consul general. The matter was then referred to Peking, and finally to St. Petersburg; the Russian minister consenting that the execution of the sentence upon all might be suspended until instructions from his government could be received. Thus matters stood at the beginning of April, when I left Peking.

I am now informed by the Russian minister, who is temporarily residing here for the summer, that agreeably to instructions received, investing him with authority to consent to such an arrangement as he deemed proper, by which substantial justice should be done, he had consented that the sentences of the two least guilty might be commuted to banishment for life. The action of the Russian minister in the reexamination of the case was, I think, wise. It will serve as a precedent in the future, should similar cases unfortunately occur, and will impress the Chinese with this truth: that a given number of executions will not meet the demands of justice unless the guilt of those accused be proven. The leniency shown by the Russian government ought to teach both officials and people that foreign nations desire the punishment of the guilty only, which should be meted out according to the measure of their guilt.

It is proper to add that the result of this examination goes far to disprove the assertion which has obtained general credence, that the men executed at Tien-tsin last autumn were purchased victims, the greater portion if not all of whom were innocent, and that the really guilty ones escaped punishment altogether. That many of those deserving punishment escaped is quite probable, but no evidence worthy [Page 153] of credence was ever brought to my notice which tended to show that those who did suffer were innocent.

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I have, &c.,

FREDERICK F. LOW.