Wells Williams to To S. Wells Williams, July 7, 1874
No. 145. Mr. Williams to Mr. Fish.
No. 44.]
Sir: I have the honor to send you the documents and reports (inclosures 1 to 12) connected with the recent trial at Chefoo, growing out of the attack made by the people of Chi-mi on an American missionary, Rev. H. Corbett, residing there. I have not heretofore sent you any of the papers connected with this affair, since at no time was it possible to indicate the result; and you have now the whole story. Mr. Sheppard’s report (inclosure 8) furnishes so full an account of the origin, progress, and results of the disturbance, and of the steps taken to induce the intendant at Chefoo to bring the offenders to justice, with the details of their trial and punishment, and subsequent indemnity for Mr. Corbett’s losses, and his return to Chi-mi, that I shall not attempt to add anything to it.
As soon as the leading particulars of the assault were received from Mr. Corbett, (inclosure 1,) Mr. Cornabé, our consular agent at Chefoo, made them known to the intendant, (or taotai, as he is usually called by foreigners,) and continued to give him the subsequent details of outrages suffered by the native Christians, at Chi-mi, urging him to uphold law and order by the arrest and punishment of the guilty. I inclose only one of his replies, (inclosure 4,) for the whole correspondence will not interest you; and this specimen is enough to show the manner in which the simplest statements can be misrepresented when it serves the end of the officials to shirk their duty. The most noticeable thing in it is the charge brought against the convert Wang Li-tung, of an attempt to kidnap a child for the Roman Catholic Church; but this allegation was so barefaced and unfounded that it was not even referred to on the trial, much less attempted to be proved against him, as soon as it was found that he was a Protestant. Nothing of this kind had ever been done in that region, and the local officials trumped up the charge, most probably because it would be readily believed elsewhere.
As soon as the report of these things reached me, six weeks after their date, (for our communication with Chefoo is slow in winter,) I brought it to the notice of the foreign office, which immediately sent a copy of my complaint to the governor of Shan-tung. (Inclosure 2.) As soon as more precise details were received, I also desired Mr. Sheppard to take charge of the case, which, it was plain, would require much patience and decision to bring to a satisfactory end. (Inclosure 7.) At the first interview which they had, the intendant evidently looked upon the affair as having no serious importance—probably, among other reasons, because there was no loss of life—and wished to regard it as already in effect settled. (Inclosure 8.) This being the case, and full evidence of his disinclination to uphold the treaty being received, I again brought the affair to the notice of the foreign office, urging that there was no reason for this tardy action; and received a reply that he would be told to attend to its adjudication, which was immediately done, as he himself acknowledges in his subsequent report. (Inclosures 5 and 6.)
This report of the intendant is an interesting document when read in connection with his reply of February 7 to Mr. Cornabé and Mr. Sheppard’s dispatch. In it he undertakes to explain away, or else admits, every charge which he at first declared was unfounded. The previous portion of that correspondence had probably been sent to his superiors, and it was now necessary to exhibit a degree of diligence in maintaining the peace in Chi-mi, by proving the falsity of some charges which were never made. His proclamation (inclosure 9) will be regarded with some respect for a time, and the native Christians can appeal to it as upholding their right to adopt a faith so different from most of their countrymen. Since Mr. Corbett’s return, though he himself is treated with respect, it is reported that his brethren still suffer contumely and are shunned, but nothing worse than hard words seems to have yet been experienced.
One thing is observable in this trial. No evil conduct was charged against the native Christians by their countrymen, and no excuse was offered by them for cutting down their fruit-trees, robbing their houses, or assaulting and wounding them, except that they were followers of a foreign faith. A testimony of this kind to their blameless living can hardly fail to have a beneficial effect in that region, and the report of these things in other parts of Shan-tung will perhaps tend to restrain future outbreaks. The circulation of news is not very rapid in the inland parts of the province, especially among the agricultural and laboring classes; but the notoriety of the trial, and the willingness of the intendant to do justice in punishing his guilty countryman for acts done to a foreigner, will, it may be hoped, give this an exceptional influence for good.
Another thing may also be referred to. The intendant is very careful in his report (inclosure 11), to particularize certain charges of ill-usage suffered by converts at Chi-mi, contained in Mr. Cornabe’s letters to him, and to state that they had all been ruled out of court as not being under its jurisdiction, adding that this was done with the full consent of the United States consul. He alludes to this right of the Chinese government to exercise exclusive jurisdiction over its own subjects, in the proclamation issued to be posted in Chi-mi; and it is a point on which the authorities are becoming more and more sensitive, especially in reference to missionary operations. In that proclamation he quotes the twenty-ninth article of the treaty, and then sets forth most distinctly the independent jurisdiction of each nation over its own subjects. This distinction appears easy enough in theory, but even some of our best-informed countrymen appear to have come to the conclusion that because the article says that those who peaceably teach and practice Christianity shall not be molested, it involves the right to compel the Chinese to take up the cudgels when their own people are molested for professing Christianity.
The result which has been attained in this trial is owing mainly to the decision and perseverance of Mr. Sheppard in asking only for the rights guaranteed by the treaty, and convincing the intendant that he must maintain them and punish the guilty before the case would be dropped. He was materially assisted by the missionaries at Chetbo in translating and interpreting, and the list of the men concerned in the attacks on Mr. Corbett furnished by the native converts, with their evidence of the part each one took in the acts of violence, was of material advantage in fixing the guilt on the right persons. I would respectfully suggest that Mr. Sheppard’s action in this case may receive your special approval.
I have, &c.,
Statement of Rev. H. Corbett.
On the 1st of December, as I was passing through the market-town of Hwa-yin, about forty li south of the city of Chi-mi, I was followed by a crowd of men attending the theatre there, who attacked me with stones, crying out at the same time “Hit him,” “hit him;” and “Kill him,” “kill him.” Returning in the evening, and passing by the same place, the crowd rushed forward to meet me, fully occupying the road on both sides, and leaving but a narrow passage for me in the middle. When I came up to them I saw that several of the men had stones in their hands, which they threw at me, hitting me in several places and injuring also my horse. I urged my horse forward with all possible speed, but the men pursued me quite outside the town. On the following day I went with my passport to the local magistrate, stating the above facts. He promised to investigate the matter, and that he would see to it that I had no further difficulty in the future. On the second day he issued a proclamation for the purpose of restraining the people, which he sent to me to read. The proclamation stated that foreigners had a perfect right, according to the treaty, to propagate their religion in the interior. In it the district magistrate also stated that he had received special instructions from his superior officer to afford protection to all persons propagating their religion according to the treaty. On the same day I went to the town of Hwa-yin, and learned that the proclamation had not been posted. I then wrote to the magistrate informing him of this fact, and begging that he would attend to this matter immediately, for fear that by being neglected it would grow worse, and stating that there were other villagers who had formerly received me cordially who did not now dare to hold intercourse with me. In consequence of this several proclamations were posted in different places, the magistrate thus far fulfilling his promises, but failing to apprehend or punish any one. Yesterday, on the 19th of the month, I, with several native Christians, went to the yuh-hwang temple fair, which is about thirty li south of the city. On approaching the place a great many men ran to meet us. There was such a crowd and uproar that I did not attempt to preach or distribute books, but only endeavored to conciliate and quiet the people. I was suddenly attacked again on all sides with stones, by which I was struck several times. I then ran into the temple to escape from danger. The crowd rushed in after me, filling the temple and the court, and stones were hurled at me from all directions, both inside and outside. While I was in the temple for a few moments, thinking how I could best escape, the mob only increased, and I determined to run the risk of forcing my way, if possible, through the people. As I rushed out the people followed me in crowds, but fortunately for me a few men behind me fell down, thus blocking up the way for a moment and giving me barely time to mount my horse and gallop off. The people followed, pelting me with stones and clods of earth; some of the native Christians seized hold of a few of the leaders, restraining them for an instant, thus further facilitating my escape. I urged on my horse and got out of the way, followed by a shower of stones. After my escape the people sought out and fell to beating the native Christians. One old man was severely wounded by a stone, so that he could not walk, and was carried to the house of a friend to have his wounds attended to, being unable to get to his home, though it was not far off. Another person was knocked down by a stone, which cut a large gash on his head. Others received wounds more or less severe. The people continued in a state of lawlessness, and there is reason to fear that the mere issuing of proclamations will be insufficient to restore order.
Memorandum of an interview between Eli T. Sheppard, United States consul, and Kung, Taotai at Chefoo, March 24, 1874.
Consul. I have been specially directed by the American minister to come here and make inquiry into the cause of the attack upon the Rev. Mr. Corbett, and the subsequent disturbance, in the district of Chi-mi, in December last.
Taotai. What action do you propose to take?
Consul. I am informed by your correspondence with Mr. Cornabé that you have been examining into the affair. I will be happy to hear the result of your investigations.
Taotai. I think there is fault on both sides, and both parties are to blame. I find that a native Christian, named Wang Li-tung, on the 28th day of the tenth moon, at the Yü-huang temple, attempted to kidnap a child. He is a bad man. The Chinese child was wounded. I also hear that Mr. Corbett has a Chinese woman (wife?) at Chi-mi, and three children by her.
Consul. If Wang Li-tung has committed any crime, it is the duty of the local authorities to punish him for it. That is none of my business, and I have no right to inquire into or meddle with it. It is Mr. Corbett’s affair that I am inquiring about. He had only been there a few months before he was driven away; so the story of the Chinese wife and three children is incorrect.
Taotai. I do not think Mr. Corbett is to blame in any way. The people at Chi-mi are now petitioning for him to come back and live among them.
Consul. Has anybody ever entered any complaint against Mr. Corbett for misconduct?
Taotai. No; none whatever. But the native Christians at Chi-mi refuse to kneel before the magistrates in court.
Consul. Native Christians should be obedient to their magistrates, and kneel before them just the same as if they were not Christians. But I cannot interfere in matters between the magistrates and Chinese subjects. I have been directed by the minister to take the testimony of truthful witnesses, and, if I find Mr. Corbett’s statements to be correct, to ask for the arrest and punishment of the ringleaders of the mob, and for remuneration for Mr. Corbett’s losses. I have here in my hand the sworn statements of fen credible witnesses, some of whom are Christians, some not, who fully verify Mr. Corbett’s statements. Now, as you acknowledge that Mr. Corbett has done nothing wrong, I must ask you to have these men, whose names I here give you, arrested at once and placed upon trial for punishment in accordance with the provisions of the eleventh article of the treaty between China and the United States.
Taotai. Does Mr. Corbett propose to go back to Chi-mi?
Consul. That depends upon circumstances, I suppose. Mr. Corbett has a passport bearing your excellency’s seal, and so long as he does no harm, and continues to behave himself properly, it must be for him to decide when and where he will go. Do you propose to arrest these men, or not?
Taotai. Why should I? Mr. Corbett came away from Chi-mi of his own accord.
Consul. Is it possible that, after three months of investigation, your excellency is still ignorant that Mr. Corbett was obliged to fly to save his life from the violence of the mob?
Taotai. The people made a disturbance and Mr. Corbett became timid and left, but he was not compelled to leave.
Consul. Does not your excellency know that the magistrate of Chi-mi, to whom Mr. Corbett appealed for protection, urged him to leave because it was unsafe for him to remain longer in the city of Chi-mi?
Taotai. The magistrate told him he had better leave, because the people were saying that he (Mr. Corbett) was kidnapping children.
Consul. But your excellency has just said that there has never been any complaint against Mr. Corbett. Then why does the magistrate make this charge?
Taotai. I do not believe these things; but the people at Chi-mi say so.
Consul. Does not the magistrate of Chi-mi know that Tsêng Kuo-fau, in his memorial, after a full examination into the charges of kidnapping children by foreigners and native Christians at Tien-Tsin, declared that Christians never had been found engaged in kidnapping, and that it was contrary to the Christian religion to do so?
Taotai. Yes; I know that it is so.
Consul. Then it is your duty to instruct these people thus. If steps are not taken to suppress these idle rumors, this matter will go on from bad to worse, just as it did at Tien-tsin, where it resulted in a horrible massacre of a great many innocent people. I must repeat my request that you arrest these men for trial and punishment.
Taotai. If I should arrest all these men, and Mr. Corbett should afterward return to Chi-mi, there would certainly be more disturbances. The best way is for Mr. Corbett to drop it now. You see the people are friendly.
Consul. I see the people have torn down Mr. Corbett’s house, stoned him, called him “devil,” and robbed him, and now you say they charge him with kidnapping children. I don’t think that looks very friendly.
Taotai. Will you make your request in the form of an official dispatch to me?
Consul. Certainly, if you are going to comply with the request, I will do so; but if you are not, there is no use of wasting the paper. Mr. Cornabé has frequently requested you to do so before.
Taotai. Mr. Cornabé has not asked the arrest of all these men. Will you arrest Wang Li-tung?
Consul. No. But if these men are arrested, I will bring Wang here. If he has done anything wrong, you can punish him.
Taotai. But these men have killed nobody. They have only had a fight; that is not a serious matter.
Consul. They have violated the treaty, and they have not been punished for it. Is that a thing of no consequence? These men must be arrested and put upon their trial for punishment.
Taotai. Wang must be arrested, too.
Consul. I will bring Wang here.
Taotai. Will you write your request?
Consul. Yes, when you promise me your compliance; not before, Mr. Cornabé’s requests are in writing, and they have been wholly ignored. Do you intend to arrest the men?
Taotai. I want your dispatch first.
Consul. You have admitted that Mr. Corbett has done no wrong, and that a large crowd has made a disturbance and intimidated Mr. Corbett. I have here sufficient testimony to convict all these men of a serious crime. It is your duty by the treaty, upon my request, to arrest these men and punish them. If you cannot do so, or will not, I must go to the viceroy and the governor of this province.
Taotai. Their number is too great.
Consul. Then am I to understand that when a mob exceeds a score or so they are secure from arrest?
Taotai. I will promise to arrest the men named by Mr. Cornabé.
Consul. The fourteen additional named are equally guilty, and must be arrested.
Taotai. I will not do it. Let me see the proofs. I do not believe what you say.
Consul. Do I understand your excellency as impeaching my statement? Such an insinuation is disrespectful to the minister who sends me here, and to the Government whose commission I bear.
Taotai. You misunderstand me. I meant only that I do not believe the evidence which you have taken.
Consul. I wish to call your excellency’s special attention to the provisions of the eleventh article of the treaty between China and the United States, which makes it the duty of the local Chinese official, in case of a riot or disturbance in which United States citizens are molested, attacked, or put in jeopardy, to disperse the mob and arrest and punish the offenders. In this case fall three months have elapsed, and not a single arrest has been made. I now understand your excellency refuses to arrest the guilty parties. I shall report this to Peking. It is my duty to inform you that it now becomes a question for the consideration of the United States Government whether or not its own officers will make these arrests, and what farther measures shall be taken to obtain redress.
Taotai. There is no authority in the treaty allowing you to arrest Chinese subjects.
Consul. If your excellency will read the last clause of the eleventh article, you will find these words: “Arrests in order to trial may be made either by the Chinese or United States authorities.” What would your excellency have me to understand by that?
Taotai. That applies only to the open ports.
Consul. Does it say so?
Taotai, (after much quibbling.) Very well, then; you send me an official request for the arrest of these men, and I will bring them here.
Consul. Will you arrest them and put them on trial?
Taotai. I will.
Consul. How soon can you have them here?
Taotai. I cannot tell that. I will use all expedition, and will order the magistrate of Chi-mi to arrest them and come here with them, and we will all be present at the trial together.
Consul. Very well. I will in the mean time go to Tien-tsin and make a report of this to the minister at Peking. I will send you my official request for the arrest of these men to-morrow.
Taotai. I will notify Mr. Cornabé when the men are here, and he can notify you.
Consul. I will send you a detailed list of Mr. Corbett’s losses just as soon as possible.
Taotai. I should like to have it.
Note.—On Thursday, March 26, the Taotai, after receiving Mr. Sheppard’s official dispatch of the 25th, returned Mr. Sheppard’s visit, and during the interview the Taotai informed Mr. Sheppard that all possible expedition would be observed in arresting and bringing the men to Chefoo for trial. He also gave Mr. Sheppard a list of names of persons whom he proposed to bring forward for examination at the same time with reference to the matter.
Memorandum of an interview between E. T. Sheppard, United States, consul, and Kung Taotai at Chefoo, May 4, 1874.
Consul. At our interview (March 24) your excellency promised me that you would use all diligence and dispatch in arresting the principal offenders in the Chi-mi disturbance. Your excellency has also since then informed Mr. Cornabé that you had arrested the men, as you agreed to do, and you asked for me to come here and attend their trial. Now I have come and find that only ten of the forty-two have been brought.
Taotai. I have brought fourteen of the men.
Consul. Yes; but only ten of those whom I named.
Taotai. I did not say I had arrested all of them.
Consul. You said you had arrested the men, and you asked me to attend the trial according to our agreement, which was when all of the persons named were arrested. When I come I find only ten out of the whole forty-two here. The most culpable are not brought. This has occasioned me great inconvenience and annoyance, and I come to-day to inquire of you why you have not fulfilled your promise, and to tell your excellency that my minister, to whom I must report these facts, will be greatly displeased at your delinquency.
Taotai. I issued an order for the arrest of all these men, as you requested. But the magistrate of Chi-mi reports that many of the men are absent fishing, some are sick, and some are visiting relations.
Consul. The magistrate has reported to your excellency a lot of falsehoods. I have been advised as to the movements and occupation of all these men, and I know that ten days ago they were all at their homes, that they were not sick, and there is not a single fisherman among them.
(The magistrate of Chi-mi, who was present, was so completely nonplussed by this statement that he did not attempt to deny it or refute it in any way whatever.)
Chi-mi Magistrate. I issued warrants for the arrest of all these men as soon as I received the Taotai’s order.
Consul. What day did you issue your warrants, sir?
Magistrate. The 25th day of the 2d moon.
Consul. How long does it take for an order to reach you at Chi-mi from Chefoo?
Magistrate. About four days, ordinarily.
Consul, (to the Taotai.) When did you send your orders for the arrests? Taotai. On the 7th day of the 2d month.
Consul. From the 7th until the 25th is eighteen days. Deducting four days for the order to reach Chi-mi, leaves just half a month in which nothing whatever was done by the Chi-mi magistrate. Does not your excellency perceive that this magistrate has been grossly negligent? (To magistrate.) What were you doing all these two weeks, that you did not issue your warrants for the arrest of these men sooner?
Magistrate made no answer.
Consul, (to the Taotai.) Now your excellency sees that there has been gross neglect of duty here. I shall have to report this to my superiors.
Taotai. Tell me what you want done, and I will do it.
Consul. I want you to keep your promise, and send and bring these men here, as you promised me you would do. If you are not able to do it, I must find somebody who can.
Taotai. I will send the Fuh-shan hsien to make the arrests.
Consul. Here is a list of twenty-one names; they are a part of the original list which I sent you. The first eight named are the most culpable, and must be produced before a trial can be entered into. The others must also be brought, and the ten who are now here must be kept until they arrive, and all can be tried together.
Taotai. I cannot fix a day certain when I will have them here.
Consul. Why not?
Captain Bridgeman. It is essential that the Taotai fix a day certain when he will produce these men; otherwise we may be kept waiting indefinitely. I have been sent here by the admiral to remain here pending the settlement of this affair, and I hope soon to be able to report that it has been satisfactorily adjusted.
Taotai. If I fix a day certain to produce these men and fail, you will come back again as you do now.
Consul. I do not ask for or wish your excellency to perform an impossibility. I am certain these men can be all brought if any reasonable effort is made to get them. They can all be brought here easily in ten days or less.
Taotai. I will get them if they are there. But you must send along with the Fuh-shan magistrate the five Christian witnesses who are now here when he goes to Chi-mi to make the arrests.
Consul. Why must the five witnesses go?
Taotai. For two reasons: first, that they may point out the guilty men, and second, that they may see that the men are arrested.
Consul. That is quite unnecessary. I have given you the name and place of residence of each man, and my witnesses can identify them when they are brought here for trial.
Taotai. Yes, but it is also desirable to have the prosecutors of this suit present when these arrests are made, so the people of Chi-mi may see at whose instance it is done, and it will make them more careful and obedient in the future.
Consul. That is very true, and I quite agree with your excellency. I will therefore order Mr. Corbett, who is the prosecutor of this suit, to go with the Fuh-shan magistrate to Chi-mi, to be present when these arrests are made.
Taotai. O, no! There is no need of Mr. Corbett’s going. We do not want him.
Consul. Yes, your excellency, it is exceedingly necessary and proper that Mr. Corbett, the prosecutor of this suit, be present when these arrests are made, so that the people at Chi-mi may see at whose instance it is done, and it will make them more, careful and obedient in the future. I propose to send Mr. Corbett along with the Fuh-shan magistrate to Chi-mi.
Taotai. No, no! It is the native Christians I want, not Mr. Corbett. Send the native Christian witnesses. I am satisfied that some of the Chi-mi people are guilty.
Consul. No, I will not do it. You are trifling with me again. If you want the prosecutor of the suit to go, I will send him; or if you want a proper constabulary force to help the magistrate bring the men, I can give you that; but I don’t want any more broken promises.
Taotai and Fu-shan Magistrate, together. If the men are in Chi-mi or in an adjoining district we will get them.
Consul. Very well, I will give you fourteen days in which to redeem your promise. At the expiration of that time, I will return to Chefoo again to attend their trial.
Note.—The last proposition of Mr. Sheppard was agreed to, and the interview closed.
Memorandum of the final proceedings, June 4, 1874.
On the consul’s arriving at the court-room he was invited by the Taotai to the hall above the court-room, where was held a brief interview, during which the Taotai presented for the consul’s approval the draught of the proclamation he proposes to issue; and also of the bonds he proposed to require the “house robber” and the “donkey robbers” to sign, as well as the one he intended to have signed by all the accused, binding them to keep the peace and to use their influence to preserve order in the villages in their respective neighborhoods. His excellency also promised to furnish Mr. Corbett, whenever he might wish it, with a new special passport to return with his family to Chi-mi, and also with a letter to the magistrate of Chi-mi.
Present in court, besides his excellency the Taotai and the Fu-shan magistrate, were Mr. Consul Sheppard, Mr. Cornabé, Captain McDougal, and Officers Wood, Breese, and Dr. Ayers, of the United States steamer Saco; Dr. Nevins and Mr. Farmer, secretaries, and Mr. Hartwell, interpreter.
The Taotai called before him the prisoners who had been condemned to punishment for participating in the several stonings and robberies, in their several groups, and announced to them that they had been found guilty of the charges made against them severally. He told them they deserved to be punished with great severity; that particularly those of them who were advanced in years should have restrained the younger men, instead of leading them on; and that most especially the local constables, whose duty it was to suppress such risings, were guilty of serious crime in joining in stoning and in entering the house of any person, and especially of a foreigner. Such conduct could not be tolerated, and they must be punished according to law. He said their sentence ought to be even heavier than the law ordinarily prescribes, but that Mr. Corbett, the prosecutor, through the consul, had begged, and the consul himself had asked, that they might be dealt with in mercy; and that they might congratulate themselves on getting off with no more severe punishment. He advised them, when they should go-back home, to live quietly, and to be at peace with any foreigners who might be there, and with the native Christians. He then ordered them to be taken away for punishment. He then called the parties against whom evidence had been adduced that they had taken part in the robbing on the road and at Mr. Corbett’s house, but who, through clemency, were not to be beaten. After lecturing them very much as he did the former groups, and assuring them that he had been in consultation with the consul for days concerning them, and that it was only through mercy, at the intercession of Mr. Corbett and the sincere wish of the consul, that they were not to be beaten, required them each to sign a document binding themselves to pay for the missing articles within fifteen days. They were told they would be locked up until the money was paid.
The whole number of the accused were now brought into court, (except the condemned,) and the Taotai addressed them at some lenght upon the serious nature of the offense with which they had been charged, and assured them that if the witnesses, had delivered their testimony, every man of them would have had to be punished, but that Mr. Corbett and the consul, not seeking for revenge, had declined to press the matter in every case, and had urged him to exercise mercy and pardon them. He repeated to them that the consul and he had been consulting over the matter for days, both the consul and the prosecutor inclining to mercy. He asked, “How could you know what would be the effect of your stoning? Some of those stones might have? seriously wounded Mr. Corbett, or even killed him, in which case several of you might have forfeited your lives.” He ordered them to be peaceable and friendly with Mr. Corbett when he goes back, and with the native Christians.
They were to have no fights nor quarrels with the Christians. These Christians were still Chinese subjects; and if they did anything wrong, the people were not to take the law into their own hands, but to make their complaints to the local magistrate, and if he did not deal with the matter, they might come to the Taotai and complain, and he would see that the matter was properly investigated. And just so with any foreigner. Mr. Corbett would not do any harm; but if any foreigner should do what was wrong, they were not to attempt to redress it themselves, but to complain to him, and that he and the foreign consul would have the delinquent foreigner dealt with. That neither the foreign consul nor himself would allow a foreigner or a native to conduct himself lawlessly in the country. He made them all promise that they would drop this matter and not make any more trouble about it; that they would go home and live at peace with the foreigner and with the native Christians. They all knocked their heads in acknowledgment of this clemency; and he required each one to sign a pledge that he would not only keep the peace himself, but would urge this course upon all the villages in his neighborhood.
The Taotai then reminded them that if, after signing this bond, they should violate it, they would be dealt with more severely than if they had not signed it, and dismissed them.
The court then adjourned, and the Fuh-shan magistrate proceeded at once to his temporary office in Yentia to have the sentences of the court executed. Mr. Cornabé and the interpreter, Mr. Hartwell, were deputed by the consul to go, in company with Captain McDougal and Officers Wood, Breese, and Dr. Ayers, of the United States steamer Saco, to see the punishment inflicted.
Arrived at the Yamen, the magistrate had each culprit brought before him, and after a few words to each, ordered him to be beaten according to the sentence of the court. The blows were administered with a stick of bamboo, four feet or more in length and about two inches wide, held by the lictor in both hands. As it is the summer season, eight blows were counted ten, according to Chinese custom.
Kiang Kwan-kih professed to be sick, and begged that his son might take his place. The son being willing, the magistrate consented, and the son received nominally 80 Mows, really 64; Wang I-chin received nominally 80 blows, really 64; Wang Shi-Kiai received nominally 80 blows, really 64; Wang Pao received nominally, 60 blows, really 48; Kiang Hwo-sien received nominally 60 blows, really 48; Kiang Shau-sien received nominally 40 blows, really 32.
After which the deputation from the consulate retired.
The Taotai’s proclamation, dated June 22, 1874.
Kung, by imperial appointment a brevet provincial treasurer, superintendent of maritime customs at Chefoo, and intendant of the circuit of Têng-chou Fu, Laichou-Fu, and Ching-chau-Fu, issues a stringent proclamation enjoining upon all an observance of the treaties, to the end that natives and foreigners may enjoy peace and security.
Among the treaties with various countries made public by the prince and ministers of the tsung-li yamên, there is found a treaty with the United States, the twenty-ninth article of which is as follows:
“The principles of the Christian religion, as professed by the Protestant and Roman Catholic Churches, are recognized as teaching men to do good, and to do to others as they would have others do to them. Hereafter those who quietly profess and teach these doctrines shall not be harassed or persecuted on account of their faith. Any person, whether a citizen of the United States or a Chinese convert, who, according to these tenets, shall peaceably teach and practice the principles of Christianity, shall in no case be interfered with or molested.”
Repeated commands have been issued for the observance of this article.
In the month of December, 1873, some natives of the district of Chi-mi stoned the Rev. H. Corbett, an American missionary, insulted him by calling him kwei-tzé, (devil,) and took away from him clothing and other articles. This, though at first only a small disturbance, well nigh grew into a serious affair. The case has now been taken up and justly adjudicated by myself and Mr. Sheppard, the United States consul.
With the exception of the leaders in the disturbance, who are punished, according to law, with the heavy bamboo, with degrees of severity corresponding to their offenses, the offenders are pardoned and released. All these people, in their disobedience and reckless conduct, have been guilty of breaking the laws. As this is the first offense, their punishment is inflicted with leniency, hoping to preserve peaceful relations between natives and foreigners. All persons of whatever class should give diligence to observe the treaty, that mutual friendship may be perpetuated. I have, in connection with Mr. Sheppard, the United States consul, agreed upon certain stipulations which axe to be published in this proclamation; and fearing lest persons in other places may be ignorant of the treaty and recklessly make disturbance, I print this proclamation in order that it may be generally known. Hereafter all persons must observe my instructions, and thus avoid the recurrence of such misdemeanors, by which you will bring punishment upon yourselves. This is my earnest expectation.
The following are the stipulations:
- In future, all who preach and practice the Christian religion shall receive from local magistrates the same care and protection as others, and no one will be allowed to insult and injure them. All who, according to the principles of the Christian religion, peaceably propagate or practice it, shall not therefor be molested or injured by the people.
- Hereafter when natives see a foreigner they must address him as such, and are forbidden to call him kwei-tzé, (devil.) Those who disobey this injunction will be immediately dealt with by the local magistrate.
- The Chi-mi suit, originating in Hwa-yin market, Yuh-hwang temple, Ko-Fau village, and other places, has now been justly settled. Hereafter you people of every place should take warning from it. If you are guilty of such proceedings again, you will incur heavy punishment.
- This case has been justly decided and administered according to truth, and without partiality. The accused, including those who have been pardoned, have signed a bond promising to return home and peacefully pursue their several callings, without making further disturbance in seeking opportunities for revenge and retaliation against witnesses and others connected with this suit. If there are other matters or lawsuits, they must be considered by themselves, and no use shall be made of this to obstruct other suits.
- Native Christians are Chinese subjects, and are to be governed by Chinese laws If lawsuits arise, they are to be attended to in the Chinese courts, and foreigners have nothing to do with them. And, according to treaty, foreign missionaries are not to act for, or to shield and protect, natives. I have heard that native Christians have been guilty of going before the magistrate without kneeling, and refusing to pay taxes, and undertaking the prosecution of illegal lawsuits, and other lawless practices. I have also heard that people have endeavored to exact from native Christians contributions to the ceremony of “welcoming gods,” and to idolatrous processions, repairing temples, and theatrical plays, which exactions are expressly forbidden by imperial edict. It is now agreed upon, in connection with the foreign consul, that hereafter, if native Christians or other subjects are guilty of the aforesaid misdemeanors, complaints may be brought against them before the local magistrate. If foreign missionaries act for them and protect them, the people may come to Chefoo and accuse them by name before me and the foreign consul, and the case will be impartially attended to. You must, not take the matters into your own hands and stone people, and thus bring punishment upon yourselves.
Two bonds, dated June 4, 1874.
bond to keep the peace.
A voluntary bond of releasement entered into by Kiang Kwan-kih and others.
This bond, by which releasement is obtained, is in consequence of the prosecution of the undersigned by a foreigner, Rev. H. Corbett. Having had the case closely examined, it appears that Kiang Kwan-kih struck Mr. Corbett with a stone; that a stone thrown by Kiang Hwo-sien struck his horse, and that Kiang Shau-sien took part in the affray. These persons are sentenced to receive punishment according to the seriousness of the offense committed by each. All the accused are now ordered to return home and peacefully attend to their several callings, and to abstain from making disturbances in the future. Hereafter, if Mr. Corbett goes again to Chi-mi to preach and propagate Christianity, the inhabitants of the village are not to interfere with him in any way. You must not oppose and injure Christians, and must not oppress your native countrymen. And now you voluntarily promise to abide by this document, and not disobey.
[Signed by twenty-seven persons.]
bond to secure indemnity.
A promissory bond given to secure the payment of indemnification within a limited time.
This is a promissory bond, given in consequence of a suit brought against the undersigned by a foreigner, Rev. H. Corbett. This suit having been carefully examined, it appears that articles were lost from Mr. Corbett’s house, and the undersigned engage either to find and return the missing articles within fifteen days or to pay an equivalent in money. We voluntarily promise to abide by this agreement.
[Signed by five persons.]
Report of the northern superintendent of trade, (Li Hungchang,) inclosing the following de tailed report from Kung Yih-tu, intendant of the circuit of Y’angchau, Laichau, and Tsing chau, prefectures in Shantung, dated June 16, 1874.
On the 23d of March the governor of Shantung sent me a copy of an order he had received from the foreign office, dated March 1, in which the inquiry was made as to the cause of the quarrel between the people of Chi-mi and an American missionary there, and directing me to see that the district magistrate there examined into the affair and equitably settled it. I at once sent him the order to inquire into the cause of the disturbance, and let me know everything that he did, and at the same time reported a summary of the affair and what I had done to the governor, for him to communicate to the foreign office.
On the 20th of May I received from the governor a copy of another order from the foreign office, dated April 23, in which I was urged to more diligence, and directed to bring the parties to the trial all together, and jointly examine them in the most careful manner, so as to elicit the facts and settle the affair in accordance with justice.
I had already directed Meh, the district magistrate at Chi-mi, to transfer Kiang Kwan-kih and others, parties and witnesses in this case, to my court, where, with the foreign missionary, Hunter Corbett, and the native Christians, Wang Li-tung and others, they could all be examined, and a joint trial held with the consul.
Among the documents in the case was one dated December 22, received from W. A. Cornabé, United States vice-consul, in which he told me that Mr. Corbett had been assaulted at a market-place called Hwa-yin, by a crowd around a theater, and struck by stones thrown in the mêlée. Further, that on the 19th of December he was preaching near the temple of Yuh-hwang, at Hwa-yin, when he was struck by stones thrown at him from the crowd, and his assistants, Wang Li-tung and others, also wounded in the fray.
The vice-consul further said he had heard that the inhabitants of Chi-mi had assembled to the number of 300, each of whom had ten others at his back, and all intended to go into the town for the purpose of injuring Mr. Corbett. The magistrate was powerless to protect him, and he had, therefore, fled on the 22d, and reached Chefoo. A letter had afterward been received from his assistant, stating that on that day about two thousand men from the southern association of villages entered the town seeking a quarrel. The magistrate had gone out to disperse them, but was powerless to effect anything.
In another note he alleged that on the 24th a man named Sü Yen-tsoh and half a score of fellows with him, all belonging to Chi-mi, had carried off Mr. Corbett’s things and a hired donkey; and in the afternoon of that day they had gone to Ko-fau and carried off all his furniture and effects, with his cow, cleaning everything out and breaking the windows and doors of his house to, pieces.
Subsequently he informed me that a convert named Che Chung-yuen, belonging to the village of Pau-hein, had had his fruit and timber trees, all cut down by people of the place. On the same day, Wang Yung-chun, a convert living in Ta-lao Village, had been attacked by persons entering his house, who robbed it and greivously wounded his left eye; also, one Sun Wan-lun, of the village of Tung-kia-ngan, was robbed and ill-used by some persons, and his uncle carried off by force. The vice-consul accordingly requested that these proceedings might be inquired into and the evil-doers punished. I immediately sent repeated orders to the district magistrate at Chi-mi to strictly inquire into the matter and punish the offenders. This can all be shown by the records.
While I was issuing these orders and making these inquiries, Mr. Sheppard, the United States consul, came from Tein-tsin down to Chefoo. At an inter view I had with him, he told me that he had received directions from the American minister at Peking to go down and inquire into this affair, and have all the witnesses and others connected with the case brought to Chefoo, that we might there jointly try and settle it.
I accordingly ordered the magistrate of Chi-mi to remove the case to Chefoo. Mr. Sheppard agreed that he would cite the plaintiff, Corbett, and five converts to be present, when we could thoroughly examine the case. He also gave me the names of the leaders in the riotous proceedings at Chi-mi, forty-two persons in all, and a full list of the clothes and other things lost by Mr. Corbett, valued, all together, at 380 taels.
Having received these lists, I sent two messengers to Chi-mi; and on the 16th of May the prisoners and all persons connected with the case were in Chefoo. I notified Consul Sheppard of these things, and requested him to appear with the plaintiff and the witnesses on his side. On the 25th the United States consul and Sung Tsoh-pin, district magistrate of Fuh-shan, being present, I opened the court and began the trial.
Seeing from the first that this case was likely to be a troublesome one, having many points mixed in it, while those pertaining to the foreigners ought alone properly to be the, subject of this joint trial and sentence; but the accusations by the converts, who were Chinese, and therefore a portion of our own people, belonged only and of right to the local rulers, whose duty it was to settle all such quarrels, and foreigners had nothing whatever to do with them. I stated these points to Mr. Sheppard, who cordially assented. There were several cases brought forward by the vice-consul, viz, that of the assault and wounding of Wang Lih-tung; of cutting down the trees belonging to Ché Chung-yuen; of the injury done to Wang Yang-chun; a id, lastly, of robbing Sun Wăn-lun; all of which were wrongs arising between natives of China, with which foreigners had no concern, and were accordingly referred to the local authorities for trial and punishment.
There would then remain for our joint investigation only the attack on Mr. Corbett and subsequent loss of his things, and to ascertain whether there was a combination among the people of Chi-mi to molest and injure him. We continued the trial for successive days, bringing forward the prisoners one after the other, and taking evidence carefully upon each charge.
It was proved that no organized combination existed among the people for purposes of plunder and sediton; and I therefore asked the vice-consul what evidence he had for the assertion made in one of his letters, that two thousand people had entered Chi-mi in a tumultuous manner and that the magistrate was unable to disperse them. In the inquiries made as to the origin of such a false rumor, Mr. Corbett testified that after the attack made upon him, near the temple of Yuh-hwang, some of the converts told him that during the next night the people of the farmsteads in and around Ko-fau had lighted no end of their lanterns, and roamed over the country, from which they feared there was a consultation going on. But this was not satisfactory proof of the charge.
As to the charge that the district magistrate was unable to protect him, it appeared from the testimony of the convert Lin Lung-méi, at the time of the military examinations at the place, on the 22d of December, that many candidates were gathered on the parade-ground, and when the magistrate went out of the gates to inspect them he saw several scores of people kneeling by the roadside, whom he (the convert) was told were there for the purpose of complaining against the foreigner. From this idle rumor came the story that two thousand men had entered the town, whom the local magistrate could not control or disperse, and the other charge that there was a seditious combination of the people with intent to murder, against which the officials could not protect him. Inquiry proved them both to be unfounded.
I then asked the vice-consul about his statements, and he acknowledged that, they arose from incorrect information; and, therefore, in respect to the two counts of plotting violence, and inability of obtaining official protection [for Mr. Corbett,] it was needless to inquire further.
In relation to the charge of twice stoning Mr. Corbett, the testimony of Wang I-chin and Kiang Kwan-kih was as follows: They were at a theatrical performance at Hwa-yin on the 1st of December, as Mr. Corbett rode by on a horse, and some persons picked up stones and sent them flying so that he was hit. How could any one tell who it was, among such a crowd, that picked up the stones? Also, on the 19th of the month, a great crowd was collected at tue Yuh-hwang temple to get up a procession for the gods, and Mr. C. began to preach near by: some persons in the multitude threw stones to hit him, but nobody could well know who it was.
Mr. Corbett, on being called on for his evidence upon this matter, was unable to point out the very persons; nor could those whom he brought as witnesses to identify the guilty ones, and particularize which ones threw the stones, and which hit him, as if they had seen it all with their own eyes, tell me, when I questioned them myself as to their proof, which were the very men, or bring any trustworthy evidence.
On further carefully sifting their evidence on this point, they averred that the first man who picked up a stone at Hwa-yin was Wang Pao; and in reference to the charge of throwing stones at the Yuh-hwang temple, they said that there were many people named Kiang in that village, and this man, Kiang Kwan-kih, was head man of it, was present at the time of the fracas, and could not restrain the people. Two others named Kiang Shau-sien and Kiang Hwo-sien, were there, too, and cognizant of the facts. These were all the facts which could be proved concerning the two occasions when stones were thrown.
In relation to the charge of Mr. Corbett twice losing things, the convert, Lin Lungméi, testified as follows: When Mr. C. returned to Chefoo he left the care of all his effects in my hands and I hired a donkey of one Wang Lih-sien to carry them to Ko fau. This last named says that the villagers, Sü Yen-tsoh and Tu Kwang-tsūen, carried the whole away with them, by force. On cross-questioning these two men they declared that Wang Lih-sien owed Tu Kwang-tsuen, who, seeing him that day going off leading a donkey tried to distrain it and the load as a security for his claim. He could not tell how the things came to be lost, but he never had any idea of stealing them. However, after the trouble taken in this examination, he was quite willing to make good the loss of the things taken at their fair price.
Two men, Wang Lih-sien and Wang Lih-hai, further gave evidence that in the afternoon of that day the village constable, Wang Shi-kiai, and some thirty others went to Mr. Corbett’s hired house, at Ko-fau, broke into it and carried off all the clothes and furniture and destroyed the doors and windows. I then asked this constable about it, who said that he and Li Pah, Sun Shi-tang, and three others went to Ko-fau; and hearing that Mr. C. had returned to Chefoo they started off to see his chapel. They urged one Wang Lih-hao to open the doors for them to go in and then went out after looking about them; but half a score of other fellows whom he did not know rushed in at the same time. He did not know at all what things were lost, but had no intention of robbing anything, and was willing to compensate for the articles lost.
Such being the facts, I judged that as Tu Kwang-tsūen led away the donkey under the idea of distraining it for debt, and Wang Shi-kiai and the crowd went into the house without any intention of robbing, and both were willing to pay the value of the things lost, it was needless for us to examine them any further. The consul also-agreed that this was sufficient. These are the circumstances connnected with the double robbery of Mr. Corbett.
The eleventh article of the American treaty provides that subjects of China, guilty of any criminal act toward citizens of the United States, shall be punished by the authorities of China according to the laws of China; and I find that our statutes lay down eighty blows of the bamhoo as the heaviest punishment for doing wrong without previous intention.
In this case Wang I-chin and Wang Shi-kiai both hold the post of village constables. When the row began they could not restrain the crowd, and made no report of their violence; the last-named also led people into the house, whereby many small things were lost.
The man Kiang Kwan-kih is a village elder; he was unable to restrain his sons and nephews; and having been at the theater himself, he is responsible for what happened there. All of these are amenable to the above law, and each of them is sentenced to receive eighty blows.
Wang Pao, who threw the first stone, and Kiang Shau-sien, who was at both the-frays, are each sentenced to sixty blows. Kiang Hwo-sien, who participated in one of them only, is sentenced to forty blows. Tu Kwan-tsūen, and the others who carried off the donkey, pretending that it was for a debt, with Wang Shi-kiai, and those who entered the house, whereby many things were lost, have all agreed to repay their cost. The latter must, after he has done so, be dismissed from his post as constable; and the two with him may receive their pardon. Seventeen others, who were not proved to have joined in the riot, were liberated there in open court; while those sentenced to be beaten were punished in accordance therewith, and then sent home. Tu Kwang-tsūen, and those ordered to pay the 380 taels for the things lost, as the list handed in by the consul stated, were detained until the money was paid to Mr. Corbett.
I have also issued a proclamation, stating distinctly, that whenever Mr. Corbett goes to Chimi district to teach religion, and quietly attends to his proper vocation, he will be protected according to the treaty. He is not to be molested in any way. So there is hope that now all parties will live in peace.
I now send all the papers connected with the case, the details of the examination and the circumstances of the closing, arranged in order for your inspection, and have the honor to request that this affair may be reported to the foreign office as having been satisfactorily settled.
On receiving the above, I (the superintendent of the northern ports) having separated the papers in this case, now send up the clear report which I have made, and have the honor to request that the conduct and finishing of this case may be looked into.