Chen Lan Pin to Chen Shu Tang , His Imperial Chinese Majesty’s, January 21, 1881

No. 190. Chen Lan Pin to Mr. Evarts.

Sir: Referring to the recent riot and attack upon the Chinese residents in Denver, Col., I had the honor to address you a note on the 10th of November last, stating the facts petitioned to me from the Chinese there; and at the same time I had authorized the consul-general at San Francisco to appoint a member to proceed to Denver for making investigations on this subject.

According to the report of Mr. F. A. Bee, Chinese consul, who went personally to Denver and investigated thoroughly the case, I learn that the occurrence of the riot was owing to the incompetency of the authorities, and that it resulted in a homicide and the wholesale robbery of the property of the Chinese, Mr. Bee also procured the statements of the losses sustained by the Chinese, each signed by the individual sufferer; a copy of the verdict of the jury, and the evidence of the witnesses taken before the coroner’s jury at the inquest over the dead body of Look-Young, otherwise Sing Le; and the statement of Mr. Pomeroy.

The above-named documents were forwarded to me by the consul-general at San Francisco, and while I was preparing to send you copies of the same, I received your note of the 30th ultimo, which I read and considered carefully. I find some parts of it highly gratifying, and some which I do not quite comprehend. Allow me, sir, therefore to mention to you what these are.

It is stated in your note that “these Chinese residents are to receive the same measure of protection and vindication under judicial and political administration of their rights as our own citizens,” and that “our government will, upon every occasion, as far as it properly can, give its continued attention to every just and proper solicitude of the Chinese Government in behalf of its subjects established here,” and “not only in Denver, but in every other part of the United States, the protection of this government will always be, as it always has been, freely and fully given to the natives of China resident in the country, in the same manner and to the same extent as it is afforded to our own citizens,” and that “the President, upon the receipt of the information that in this outbreak of the mob violence, the Chinese residents of Denver had been made a special object of the hatred and violence of the lawless mob, felt much indignation and regret, and that in common with my colleagues in the executive government, I shared fully in the sentiment of the President.”

The above extracts indicate the friendly and kind feeling of your government, and I need not assure you that I feel gratified by their avowal, and that my government on learning of them will share that sentiment with me.

As regards the arrest and punishment of the persons guilty of destroying life and property, it is stated in your note that “the brutal and lawless composed such mob.” It is clear that these guilty persons are detested throughout the country, and ought to be punished severely in order to give a warning against Similar recurrences. But I regret to learn from your note that the powers of direct intervention on the part of the United States Government are limited by the Constitution.

It appears to me that treaties as well as the Constitution are the supreme law of this land. The Chinese residents who were subjected to the wanton outrage of the mob, came to this country under the right of treaties between China and the general Government of the United States, and not with Colorado or any individual State.

Thus the case under consideration should be a question of intercourse between China and the United States, and different from that to be dealt with under the ordinary internal administration of a State. It was with this view that I had in my last note requested you to cause this, case to be examined. But I fail to learn from your note the number of the guilty persons that have been arrested, and how they have been punished or dealt with, and how the general Government of the United States has exercised, or intends to exercise, its power in executing the treaty obligations to protect the Chinese. Indeed I cannot see where these residents should seek for protection.

As regards the indemnity of losses of property, I noted from your dispatch that:

Such incidents are peculiar to no country, and as the local authorities brought into requisition all the means at their command for the suppression of the mob, you know of no principle which renders it incumbent on the Government of the United States to make indemnity to the Chinese residents.

It is therefore manifest, whether the indemnity shall be made or not, depends upon whether the local authorities had brought into requisition all the means for the suppression of the mob. According to the report of investigation, I learn that the Chinese residents of Denver have been made a special object of the hatred, violence, and bitter persecution of the lawless mob, which is quite different from the sudden attack of a band of depredators directed against the whole community of the place, involving (as you have intimated) for the moment the lives and property of all alike; and that the local authorities knew well at the beginning of the outbreak that this mob was directed solely against the Chinese; but instead of meeting the mob with a proper force, they ordered the firemen to throw water on them, and took no measures to cause the immediate arrests of the rioters then and there; and during the prevalence of the riot they put the Chinese in jail, and most of them, as it is asserted, remained there three days for safety, and no guard was placed over their property or places of business; thus the mob had free access to rob at their leisure. These are real facts, known to all. I beg to call your attention to the following verdict of the coroner’s jury:

The evidence shows that the said mob could have been suppressed by the regular force had they fearlessly arrested the ringleaders; but which, owing to the disorganized condition of the police force of the city and the incompetency and inefficiency of its government by the proper authority and the failure of the county authorities to render the necessary aid and assistance required in such emergencies, the mob assumed such proportions as culminated in the destruction of human life and the disgrace of the city in not affording protection to life and property.

This verdict shows clearly that the local authorities had not brought into requisition all the means for the suppression of the mob. The treaty between China and the United States says:

Article I. There shall be, as there has always been, peace and friendship between the United States of America and the Taching Empire and their people respectively. They shall not insult or oppress each other, &c.

The Chinese residents came to this country under the right of the treaty, and were peaceably pursuing their calling. In this present case there was no other cause for the murderous outrage than the hatred of the mob which brought on them the loss of life and property. The local officials failed to render necessary, timely, and proper protection to the innocent sufferers at the beginning and greater part of the outbreak, nor have they since exerted their utmost in the recovery of the plundered goods and making reparations for their losses. I do not see that this can be considered as full protection according to the treaty stipulations.

I have the honor to send you herewith two copies of Consul Bee’s reports and other papers, and requesting you again that you will be so good as to take the matter into your impartial consideration, and that you will deal with this case in a reasonable and satisfactory manner, justifiable to the moral sense, and when you reach a conclusion I hope you will favor me with a reply, that I may report to my government.

Accept, sir, &c.,

Mr. Bee to the Chinese ministers.

Sirs: I have the honor to inform your excellencies that I have obtained the following facts in reference to the Chinaman who was so brutally murdered by the mob at the city of Denver, State of Colorado, on the 31st day of October, 1880.

The name of the deceased was Look Young, and employed at the Sing Lee laundry. His native place is in Hock Sun, about 80 miles from the city of Canton, China. His age was twenty-eight years. He leaves a wife, father, and mother in China, who were wholly dependent upon him for support. Had been a resident of the United States for four years and six months, and had resided in Denver for six months previous to his death.

For your information in relation to his murder please see inclosed statements from the newspapers. I have, &c.,

Estimate of losses sustained by Chinese residents during the riot in Denver, October 31, 1880.

Statement of M. M. Pomeroy.

Sunday I was in North Denver dining with friends. The first I heard of the riot was about 5 p.m., when Mr. Nichols who had come over from the city, reported that a mob had gathered in Blake street to kill the Chinese, and had been partially quieted. I hastened to the city, left my wife at our home, and then drove to the stables of Elledge & Co., on Holliday street between Sixteenth and Seventeenth. At this time about 3,000 persons were assembled back of these stables, about the houses occupied by Chinese on Blake street; the houses were entirely surrounded by a surging, infuriated mob of brutal cowards, with clubs, stones, &c. They were breaking in windows and doors, cursing, howling, and yelling “Kill the Chinese! Kill the damned heathens! Burn the buildings! Give them hell! Run them out! Shoot them; hang them!” &c.

I saw doors broken, saw men enter the houses and with impromptu torches look for those who inside were hiding; saw clothes and other articles brought out and thieves run away with them.

I appealed to men standing a little back to rush in and save life and property and prevent the starting a conflagration, but those appealed to stood as benumbed or answered by curses and cries, “The Chinese must go!”

Then I saw two men wounded by bricks thrown towards the house, and was glad that two of the rioters were hit. Just then a Chinaman was found in one of the houses and dragged out to be knocked down, kicked, jumped upon, and beaten with clubs by the rioters, who were filling the air with horrid curses, yells, cheers, and cries. A rope was thrown over the head of the Chinaman and the crowd started with him on the run, to the cries of “Hang him! hang him! hang him!”

I saw one policeman trying to beat the mob back, but could not get to him. I then ran to the executive department on Larimer street and found Governor Pitkin in his office, having just come. I asked him if he could do nothing to save the city from destruction and to the preservation of life. He wanted to know what was going on; he said that he could not move, could not call out the militia till called upon by the civil authorities, but offered to go in person and assist the police, appeal to the mob, or do whatever he could to stop the riot. I asked him to remain where he was till I could find the mayor. He agreed, and directed me where to find the office of the mayor on Lawrence street. As I started to go there Governor Pitkin asked me to ask Mayor Sopris to at once appoint General Cook chief of police. I at once ran to the office of the mayor and found there a number of gentlemen smoking; asked if the mayor was in, and Alderman Austre, I think it was, pointed to a man sitting by a desk and introduced me to him as Mayor Sopris. Hurriedly I reported what was going on, told of my call upon the governor, and of his request to appoint General Cook, and of his being in his office ready to act officially when called upon. The mayor replied that he had quelled the riot in the afternoon all that he could, but had no force at his command to preserve the peace. I urged him to go in person to the heart of the mob and command it to disperse, and then if it persisted in disregard of law to call upon the State for the use of its militia. After a time he said he would go. He put on his overcoat and hat, took his cane, swore in as special police two men who had come into his office with myself. General Cook came in, and he at once appointed him chief of police and asked him to go with us.

Then we hastened out upon the sidewalk. General Cook ran for his pistols; with the help of W. J. Sprague we formed into line, two by two, quite a sqnad of citizens, who were willing to go with us to protect the mayor in the discharge of his duty. By this time General Cook, the new chief of police, came up and took the lead, Mayor Sopris and my self arm-in-arm following him with a number of brave men, formingacompact squad. As we marched down Sixteenth street from Lawrence I called on all who would to join us, and many, to their credit be it said, fell in line. We marched down the center of the street, and turned into the one where the mob was breaking in a row of houses, pushing ahead through the swaying mob till we neared the house. General Cook commanded the mob to disperse, and began firing in the air. The crowd broke and ran. The mayor then spoke, counseling regard to law and public decency. We stopped the demolition of property. When something like quiet was restored, the mayor returned to his office, and I ran to inform the governor that I believed the mob was broken, and that General Cook and the special police being sworn in, could preserve the city and hold the people to respect for law without his aid. Then I ran to the office of the mayor. Learning on the way that a mob was gathering near the Lawrence House to attack a Chinese laundry there, I ran to the mayor, and he came out again, went into the crowd, begged of those assembled to disperse. He was greeved by cheers, hoots, oaths, curses, &c., and stood there powerless, unable to be heard or respected. He offered to deliver the city over to the governor, and we hastened over to the governor’s office, where, at five minutes before eight, Mayor Sopris formally asked Governor Pitkin to take the responsibility, to call out the troops, and protect the innocent from the guilty. Governor Pitkin at once telegraphed to the sheriff and to the headquarters of certain troops to be in readiness at once. I then hastened to my office and armed, returning to the governor’s office for duty. He said all was in readiness, but that Sheriff Spangler thought that his increasing force of specials would be able to disperse the rioters; that if not, he was ready, and that the Governor’s Guards and one or two batteries were ready to move. Governor Pitkin hoped the necessity could be averted, but was ready to issue orders if called upon by the sheriff. He asked me to get a horse and ride over the city, assisting the special police, and reporting to him of the condition of the streets.

I went to the stable of Philips & Son, procured a horse, and for two hours, with other special police, mounted or on foot, assisted all I could in the restoration of order, calling upon crowds to disperse, clearing saloons, &c. I found the Governor’s Guards, under arms, in an alley, ready to move if called upon. I told crowds in the street that the militia was ordered out, and to hasten home to save bloodshed. Sometimes I was greeted with hoots and curses; at other times was thanked for the information. By eleven o’clock all was comparatively quiet. The specials having dispersed several riotous crowds, I helped to run Chinamen into places of safety, including the office of the mayor. I saw but one dead Chinaman on Lawrence street. I believe that the rioters dispersed when they realized in General Cook and the regulars and extra force under him, and in the governor, they had stern men to deal with. Had there been a prompt meeting of the mob with lead instead of streams of water at two o’clock in the afternoon, the riot would have died a-borning.