Samuel P. Lord to Frederick F. Low, September 21, 1872

Mr. Lord to Mr. Low.

Sir: I wrote you hurriedly on the evening of the 7th instant, just before starting for Hangchow, stating that I, in company with Mr. Lolbe, representing the British consul here, was going up to look into, and, if possible, allay, the excitement there, growing out of the arrest of and punishment of natives connected with the transfer of lands on which the dwellings, school-houses, and chapels of the English and American missionaries are erected. I beg now to report to you the result of our expedition.

We left Ningpo on the 8th, and arrived in Hangchow on the forenoon of the 11th. Immediately on our arrival, and meeting with a couple of the missionaries, we requested them to call a meeting of all the English and American missionaries in the city at as early an hour as convenient, as we desired to learn in the briefest and most reliable way all we could relating to the present difficulty. These gentlemen readily complied with our request. At 3 o’clock p.m. we met at the house of the Rev. Mr. Lyon all the English and American missionaries residing in Hangchow, excepting one who was ill, and two who were in the country. We asked them to give us all the information they had relating to the origin and history of the present movement. They did so. But I need not repeat their statements here, as they were much the same as those contained in the accompanying letters, which they had written to us before our arrival, but which had not all reached us at that time.

The statements that had reached us before leaving home, supplemented by those made to us now, left no doubt in our minds that the present movement, though not officially so announced, was deliberately directed against foreigners; and that the object aimed at was to get rid of them sooner or later, by making it difficult for them to retain their present places, and impossible to obtain others. We were of course aware that the question has been raised as to whether missionaries have any treaty right to secure dwellings and reside in places other than the open ports. But missionaries were here, and they had been here for many years. No objection had been made to their coming or remaining, either by native or foreign officials. Moreover, they came with the impression that they had this right; for at first such was the popular, if not the official, interpretation of the treaties; and such has always been, and still is, the interpretation of them here by the Chinese officials. Under these circumstances it seemed proper to use our official influence to protect our countrymen, as far as possible, from danger and annoyance while inoffensively pursuing their benevolent work.

Before leaving home I had thought of applying (if application were needed) directly to the footai. But on reaching Hangchow and becoming more fully acquainted with the matter before us, it appeared to me, and Mr. Lolbe likewise, that it would be better for us to put ourselves in connection with the district magistrates—there are two each presiding over a different portion of the city. They had direct jurisdiction in the matter; and our access to them would perhaps be less guarded and less difficult. Moreover, with the principal of the two district magistrates I was personally acquainted, as he had formerly filled that office for a year or two at Ningpo.

It is true he had been regarded there as an officer of bad temper and bad conduct, yet nothing had occurred to bring him and myself into unfriendly relations. So I might hope to meet him on better terms than if we were entire strangers.

Having decided on the course to pursue, we sent in our cards toward evening on the day of our arrival, asking permission to call the next day at 10 o’clock. They replied that they would receive us at 11 o’clock—they had engagements until that time, it being one of the days set for calling on the footai, (governor.) It occurred to us that they suspected our business, and desired to consult with the footai as to the course to be pursued toward us. This at first was only a suspicion; it subsequently became a conviction.

At the hour appointed we repaired to the district magistrates. Their yamêns were located in the same compound. We called first on Tiao Kwang yeu, (Chinese characters,) the magistrate of the Jin-ho (Chinese characters) district. After a little waiting in the reception-room he met us courteously and invited us to our seats. After the usual compliments and small talk, Mr. Lolbe, whom I had requested to act as interpreter, said that we had called on him on a matter of business; and he then proceeded to state that we had been informed that all the persons known to have rented or sold, or aided in renting or selling, places to foreigners in Hangchow had been ordered to be arrested; that a number of them had been arrested, and that two or three had been severely punished. Before Mr. Lolbe had finished his remarks the magistrate interrupted him with the reply that the arrest and punishment of the persons referred to had no connection with foreigners. This remark was made in such a way as to indicate that our attack had been anticipated, and this had been determined on as their method of defense. The magistrate went on to remark that the missionaries had long lived in Hangchow, and that it was well understood that they lived there by treaty right, and there was no objection to their securing lots and building houses and chapels. We replied, that if the arrest and punishment of these persons had really no connection with our countrymen, we, of course, had no wish to interfere; but the circumstances were such as to make it very difficult for us to see how the matter did not really and seriously concern them, since proceedings of this kind were calculated to disquiet and alarm them, and, if persisted in, must sooner or later end in driving them away. The magistrate repeated the statement that the arrest and punishment of these men had no connection with foreigners. We replied that it was commonly reported and commonly believed that their arrest and punishment were for having sold, or aided in selling, lots to foreigners. If this report was incorrect it might serve to relieve our misapprehension and quiet the minds of our countrymen, if he would kindly inform us what was really their crime. He replied, “Pick yau pun fun,” (Chinese characters,) an expression which means not quietly performing their duty, or a want of good conduct. As we did not seem satisfied with this vague answer, he said something about their having made irregular transfers of land. When pressed to state wherein these transfers were irregular he seemed embarrassed, and said that they had demanded exorbitant prices, which was contrary to the treaties. We replied, that so long as the buyer was satisfied, and there was no complaint made of unreasonable demands, it would seem extra-judicial to institute proceedings against them. The ground was then taken that these transfers of the land spoken of as irregular had been made to natives and not to the foreigners; hence they concerned natives and not foreign officials.

It is necessary to remark here that it has been a common custom of the missionaries at Hangchow in securing places to have the deed of conveyance made out, not in their own name, but in the name of some friendly native. And this course, I believe, has been recommended to the English missionaries by Mr. Wade, through the British consul at Ningpo. No official advice, I believe, has been given to our missionaries on the subject, but it has been always my opinion that the lease or deed of conveyance should be made to the person who really owns the property. This is a straightforward way of doing things, and one less liable to objection in many ways; and I have given this advice in a friendly way when my advice has been asked. Had the transfers of property in Hangchow been made direct to foreigners, it is my opinion that the present difficulty would not have occurred, and if it had occurred it could have been more easily met.

We tried to explain as well as we could that these transfers had been made in this way for purposes of convenience; but it was known to all parties, and to the native officials, that, foreigners were the real owners of the property which they occupied, though held in the name of natives; and that it was the common opinion that the arrest and punishment of the persons referred to was for conveying property to foreigners, or for conveying it to natives to be used by foreigners, which amounted to the same thing. We thought, therefore, that as they acknowledged the right of the missionaries to reside in Hangchow, and to rent, purchase, or build houses, these men should be released; and that a proclamation, already asked for by the missionaries and promised by the magistrates, should be issued, calculated to quiet the present excitement. After a long and tedious discussion, the magistrate, seeing that we fully understood the matter, and that we were not satisfied with his explanations, leaned over the table, (for we were now at tiffin,) and, speaking in a whisper, apparently so as not to be heard by his attendants, said, that though the matter did not really concern foreigners, yet as we had made a friendly request, as a matter of friendship he would grant it so far as to issue a proclamation, and in a day or two (literally, to-morrow of next day) he would find some excuse to release the men. The proclamation he said he had already prepared, and an attendant brought and showed it to us. There was nothing objectionable in the proclamation, yet it seemed to us too vague to answer the purpose. We suggested this to the magistrate. He said he bad at first prepared a fuller form, but he had finally chosen this. He showed us his first draught. We liked the form of that better, but still asked permission to suggest two or three alterations. He readily gave permission, and adopted our alterations.

It was now late, and we left to make our call on the other magistrate, who has jurisdiction over the Tseen T’hang (Chinese characters) district. This magistrate took the same position that had been taken by the other. But it was not necessary to go into the matter so fully with him, as he said he would do whatever his colleague did, as in all such matters they acted together. We had now obtained in promise all that we could expect reasonably. The want of sincerity which these officials had manifested did not, of course, afford us the strongest guarantee for their fidelity. However, in their promise they seemed to be sincere, and we left them in the hope that their promise would be fulfilled. Still we chose to remain in the place a few days longer and see.

Our interview with the magistrates occurred on Thursday the 12th. On Saturday, the 14th, we sent our Chinese writers with our cards to request an interview with the magistrates, and ascertain what, if anything, had been done in the matter. They had an interview with the principal magistrate, who told them that nothing could be done until the consuls had returned home. This was a new issue, and one not at all calculated to assure us. Our writers also reported that the magistrate had told them that the cause of the present movement was the foreign houses built on the hill over against the fantais (Chinese characters) yamên. The fantai had recently lost a son and a wife, and on consulting with the geomancers they told him that thefung shuey had been disturbed by said houses. The fantai complained of the matter to the footai, (governor,) who gave orders to the district magistrates to arrest and punish all who had been engaged in the transfer of lands to foreigners. He said they had replied that they could not arrest those who had acted as agents for foreigners, as they were Christians, but they could arrest the sellers and the middle-men employed by the sellers. And this was what had been undertaken. The magistrate, however, requested our writers not to mention this circumstance to the consuls. Our writers replied that the consuls were fully aware of all this before they left Ningpo.

After this report, made to us by our writers, we determined to have another interview ourselves with the magistrates. So we sent in our cards, saying we would be glad to see them either at their place or ours on the next day. They returned us word that they had engagements for the next day, but they would call on us at our place the day after at 9 o’clock in the morning. So we were obliged to remain and await their convenience.

At the hour appointed we were in attendance. They came an hour late, and, as we soon discovered, in no mood to facilitate our work. They said they had promised us to release the men; they would do so in five days after we left for home; they could not release them so long as we remained. We reminded them of their promise, made to us five days before. They said that at that time they supposed we were going to leave, and what they said then was the language of friendly parting. We tried to impress upon them the idea that promises among officials ought to be held sacred.

There was now much talk on both sides, but with very little progress toward any agreement. They maintained, as they had on the former occasion, that the matter had no connection with foreigners, flatly denying what they had stated to our writers. We maintained that it had a very important and very serious connection with them, as was evident from the present excitement. At any rate, the excitement existed, and we saw no way to allay it and prevent future disturbance but to release the men, as they had at first promised, who, according to the confession made to our writers, were suffering for having done only what was admitted they had a right to do. At last, Yaou, the principal of the two magistrates, lost his temper, and declared that they would not release the men while we remained, if we remained a month or a year, at the same time rudely starting up to leave the hall. He was reminded that we were officers discussing serious matters, and it was important that we should preserve calmness and decorum. He at once became more calm and courteous. He then said, speaking in a whisper, to avoid being overheard by attendants and others crowding about, that they could not release the men while we remained, as it would injure their influence with the people, but if we would leave the men should be released in three days. We did not feel quite satisfied with this arrangement. They had not fulfilled their first promise; what guarantee had we that they would fulfill this? However, there seemed nothing else to do, unless we brought the matter before the foutai; and that, under the circumstances, seemed to us more likely to hinder than facilitate our object. We concluded, therefore, to leave for home, hoping that what was promised would, though perhaps somewhat tardily, be fulfilled.

We left immediately for Ningpo and reached here on the 19th.

I inclose herewith copies of the letters above referred to, calling our attention to the state of things at Hangchow previous to our leaving for that place.

I have, &c.,