Mr. Denby to Mr. Olney.

No. 2400.]

Sir: I have the honor to confirm my telegram to you of this date.

In further explanation I have to say that the viceroy has affirmed the sentence of death to be inflicted on seventeen criminals, making twenty-three executions in all. On consultations with Her Britannic Majesty’s minister I agreed that three points should be presented to the Yamên: First, that all the leaders engaged in the massacre should be executed; second, that all participants in the massacre should be sentenced; third, that every person whom the proof taken before the commission showed to have been implicated in the massacre should be tried.

These points were verbally agreed to by the Yamên, and will no doubt be communicated to me in writing. It will be noticed that I am following as closely as I can your instructions relating to the exercise of clemency. My judgment concurred with those instructions. As the massacre was premeditated and planned beforehand, I have never wavered in the opinion that Chinese law should take its course, and all persons who were present at the massacre should be tried and sentenced. It would not do to allow the Chinese to believe that crimes against foreigners were to be punished less rigorously than crimes committed against natives.

As to how many persons should be executed was, under your instructions, a question to be left for future determination.

It is not yet definitely known how many criminals were actually present at the massacre. It has been variously stated as being 60, 100, and 200. The second clause of the agreement above stated secures the sentencing of all participants, and has been purposely left silent as to the execution of the sentences.

The third clause provides for the trial of all the persons implicated.

The idea of Her Britannic Majesty’s minister is that the commission may shortly withdraw and leave these subsequent trials to be conducted before a Chinese tribunal.

As I am practically directed to act in concert with him, and as no American was killed, I will instruct Messrs. Hixson and Newell to discontinue proceedings when the British commission withdraws. In view of the fact that we have been so energetic and pressing in standing by the nation whose citizens were murdered, I do not think that we should be expected to continue the investigation after that nation has abandoned it. The third branch of the above telegram relates to a decree which appeared in yesterday’s Gazette, of which a translation will be forwarded to you.

[Page 161]

By its terms ten of the subordinate officials in Szechuan are ordered to appear before the board of civil office for trial.

This decree is not unsatisfactory as far as it goes, but in the case of Chou Taotai it does not go far enough. He is the official who is charged with having issued the proclamation the 20th of May which stated: “At the present time we have obtained clear proof that foreigners deceive and kidnap small children.”

The rigorous punishment of this man has been continuously demanded by the British minister and myself, and it was clearly and distinctly promised by the Yamên. I shall demand that that promise be fulfilled and that Chou be as severely punished as Chinese law will permit.

I have wired to Consul Hixson to send me some details, as to the number of persons arrested, tried, and sentenced, which will be submitted to you.

I have, etc.,

Charles Denby
.