COLBY, Consul to To His Excellency B. P. Avery , Envoy Extraordinary and, July 6, 1875

Mr. Colby to Mr. Avery.

Sir: Referring to the disturbance that took place at this port on the 14th of last month, I beg to submit the following report of the affair as regards the events transpiring after Mr. Seward’s departure from here on the 20th ultimo:

The judicious arrangement effected by Mr. Seward with the Taotai in regard to a just and equitable adjustment of the difficulty left little else for me to do but to follow the course marked out by that gentleman, and to see to it that the Taotai fulfilled the promises made him. In this regard I have been scrupulously exacting, at the same time endeavoring to avoid captiousness or an appearance of distrust, and I am happy to announce that the result, to me at least, is highly satisfactory, and all that reasonably could be expected.

The day Mr. Seward left here two men, the principal offenders, were bambooed, receiving eighty blows each, and were sentenced to a month’s cangue, and they are now, undergoing that punishment upon the scene of their misconduct.

The next day after the departure of Mr. Seward the Taotai announced the capture of four others of the men who participated in the general disturbance, two of whom confessed their insolence and disorderly conduct toward my wife and me.

I have had several interviews with the Taotai touching the identity of these men, and other matters connected with the settlement of this affair, and at his request I consented to a delay of the trial of the two men who confessed their guilt until Her Britannic Majesty’s consul, Mr. Medhurst, returned to Kiu-kiang.

I here take occasion to say that the delay on the part of Mr. Medhurst, the two cases being so closely allied and amalgamated, prevented a speedy settlement and termination of my case, which otherwise would have been concluded several days ago.

On Friday, the 3d (?) instant, the two men who confessed their guilt were tried at the office of the Che Hsien in my presence, and were sentenced to fifty blows of the heavy bamboo and one month’s cangue. The blows were administered in my presence, and the men are undergoing the canguing on the bund in front of my office; thus making four men in all who have been punished for their insolence to my wife and me on that occasion; a sufficient example and warning, I take it, to convince others that foreigners are hot to be treated insolently with impunity.

In accordance with the views expressed by Mr. Seward while here, I have not insisted upon a severe and vindictive punishment of these men, believing it to be a wiser and better policy to only demand such a punishment as, while it does not savor of cruelty, is yet sufficiently strong to become a proper example to deter others from committing similar offenses, and, what I consider of far more importance, establishing a precedent upon the principle that we must be protected in “life, liberty, and the pursuit of happiness” even in China.

The Taotai stated to me in a letter a few days ago that “it was a Chinese custom, in hot weather, not to cangue criminals, but to defer it until the autumn;” “but,” he says, “as this is a case in which both natives and foreigners were concerned,” he would, “for the public expediency, have the men exposed for a day or two in cangue, and then remove them in custody until the autumn, at which time they would conclude their caugue punishment.” To this proposition I strongly demurred, insisting that if he intended to punish these men in good faith, I wanted no humbuggery about it, but wanted the men exposed daily until the expiration of their sentence. My object in this apparent severity was to show him that he could not lead me, and whatever leniency I extended would be of my own volition and sense of right, and not at his dictation. He acceded to my demand, and pledged his honor that, “rain or shine, hot or cold,” the men should be forthcoming daily.

Finally, when the men were all flogged, and everything concluded except the promulgation of the proclamation, I told the Taotai that if these men were exposed in good faith for ten days, I would then consent to a suspension of their cangue sentence until the autumn, he making himself responsible for its fulfillment at that time. To this he readily agreed, and thanked me profusely for my “humane action,” as he called it.

As a termination of the whole affair, and in accordance with Mr. Seward’s arrangement with the Taotai, that official has issued a proclamation, a copy of which, with the translation, I have the honor herewith to inclose, which is posted up in conspicuous places for the benefit of all whom it may concern.

The proclamation, as now promulgated, is somewhat different from the original text, many changes having been suggested by both Mr. Medhurst and myself, the most of which were readily assented to by the Taotai. It may not be out of place for me to say that I believe the Taotai has acted in good faith throughout, and has manifested a disposition to bring the violators of law and good order to a speedy trial and punishment. And considering the embarrassments with which he has been surrounded, the offenders being “braves,” and belonging to a military command, over which he had no Imperative control, he has acted with commendable zeal.

In conclusion, I have to say that all is quiet, and I have no apprehension of violence at the hands of either local citizens or “braves “in camp, of whom, by the way, there are still three or four thousand en route for Formosa.

Hoping that my action and report will meet with your approbation,

I am, sir, your obedient servant,