The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-04-04

tixeDs had done any thing provoke hosrlities be
tween them and the Chlnssc and u was, IN Tact, as
far as regards hs rights and interests OF the Amer
cans condition d complste peace. way they were
al that time. AZ tho records OF the Provincial Gov
eminent will show peacefully pursung Their Affairs
under specific assurance. OF protection and OF paru
cular good will, on the part OF the Chinese
| But as your exctleocy suggests while China was
engaged IN war with Eogland, Il was period Oh con
fusion which is have lis weight Ia estimating inc
degree Of cupabihly To be attributed TO those soldiers
who killed Sherry. This may well be admitted bul
it is equally true that when The factories at Canton
are attacked by rioters, and the lives OF the ioresn
residents endangered thereby, conditioh OF gua''
hoslilties exists and consequent confusion when re-
qures 10 be taken into account, in forming uuo
| judgment Of the act Of killing Sue Aman.
| Inasmuch Sherry was unquestionaby person
wholly innocent and the consideration that the par
ties who killed this innocent man did 30 through MS
apprehension, is to DO held sufficient excuse ior
them, then upon your excellency's own view OF the
law Of homicide the rule OF life, for life does not APP
ply TO the of firing at aud killing The wrong per
son by mistake which, upon the facts alleged by
your exceency, is as truly the case OF sue Aman as
that OF Sherry.
Your excellency adduces certain acts Of Mr.. Morse
and of Commodore keArney, having relation TO he
general transaction of which the death oil sherry was
part but the undersigned is instructed that neither
MIR Morse nor Commodore koarney did or could ad-
| lust this particular matter of the killing OF Sherry.
Your excelency further suggests that two or three
years have elapsed this affair, while mat oil
Sue Aman Is of recent occurrence. As TO which II
need only be observed, that lapse Of time sufices
either in China in the West TO withdraw a ease OF
UNPUBLISHED crime from the animadyersion OF the oi-
GERS Of Government. Both occurred PRIOR 10
the signature Of the treaty Of Wang Hya. If that
treaty Is to have retroactive effect aud ito
DO applied to the OF Sherry, ought they TO be
applied to the Of Sue Aman. But the under
signed had battered himself that with the CONCLUSION
AZ.
be swept away into oblivion without which, It would
be the duty Of the American Government to call up
the fact Of the injury done to its honor and So
yeregnly, by the Imprisonment Of the consul and
other citizens Of the United States under the orders
OF the Imperial Commissioner Lin.
| Your excellencys communication Of the 9th IN
slant brings into view another class Of derations
which demands the notice OF the undersigned.
| That communication assumes, Notwithstanding the
documents, and the conclusions thereon which the
undersigned had the honor to submit the ODD ulti-
mo, that the person who killed Sue Aman had com
mitted crime for which he is to be punished by his
Government
The undersigned feels called upon TO repeat there
fore, that upon full investigation of this case il has
been represented TO him as of justifiabe homi-
eide and not murder.
And the further prosecution Of this question the
part OF the Chinese Government will Of necessity,
force that OF the United States to to the
OF complaint set forth in the letter of the undersigned
to your exceency Of the 22d Of June last and II will
become requisite for the American Government 10
make formal demand on that of China, for the pun
ishmeDt OF the rioters who attacked the flagstaff Of
the United States at Canton in May last as well as
Of the rioters who forced themselves into the factory
grounds and attacked the foreign residents in this
very affair OF June. IL would also be requisite to
ter into discussion of the fact of the neglect Of the To-
cal authorities, at and before those occurrences TO
establish proper police in the neghborhood, to re-
strain, detect and punish evil disposed persons Of the
| populace. Nothing could be more dsagreeable 10
the undersigned, or 10 his Government, than to be
constrained TO call for satisfaction these points,
And It could not fail TO be unwelcome and inconye-
nient to your exceency. You have had OCCASION in
more than one communication, to allude to the I'M
easy spirit and to the ergeance Of the people OF Can
ton. And yet, so high and SO firm the principles
oil justice, by which your exceency guided, that If
the question were pressed you could refuse TO in
hct exemplary punishment the rioters and the To-
cal authorities, before expecting or demanding any
punishment OF foreigners who had become involved
IN difficulty in the act Of defending their lives against
this permitted violence Of the subjects of China. All
which must inevitably tend to aggravate, rather than
10 allay or dlsspae, the dissatisfaction at present
stng among the people, and of course to add to the
Iefnbarrassments which this untoward affair already
occasions to your eXcellency.
| As to the communication Of the consul (Mr |
forbes,) quoted by your excelency, there must be
some misappreben' ion for the undersigned is ia
formed that Mr. Forbes merely intended to state,
and this he did at the instance and request of depued
ofhcers OF your excellency) that the affair." not the
person, had been committed to the undersigned, it be-
ing under discussion between the Commissioners of
the Two Government For upon the information at
present possessed by the undersigned, no crime has
been committed, and Of course no criminal has been
delivered up to him; whether of the OF Daniel
or what other, of which the undersigned has no exact
knowledge.
Considering the cordial understanding of your ex-
cepDcy and ms fnna 10th o,I ,ha
diness with which SO many other questions of much
greater moment have been adjusted, the undersigned
regrets that there Is ground Tor future discussion be-
tween US of the case, either of Sherry Of Sue
Aman In each case, satisfaction is asked Tor hui
man life taken. In regard to this, your excellency
has the advantage of being able at any time, after
snort interval to learn the pleasure of the Emperor
while 1t requires much greater time to consult the
President OF The United States; and, by the laws of
the United States, no question nvoving the life of
cizen under those laws can be determined Ultimate
ly, without reference to the President The under.
signed hopes soon to have in his power report TO
his Government the result Of his mission And, in ,
order that these two similar and associated cues
tons, OF Sue Aman and of Sherry, may be dis.
posed of Gas between your excellency and him
self in the same spirit of harmony and regard
which has happily attended all other questions be-
tween us, the undersigned the final decision of
tins matter until he can learn the pleasure of the Pre-
sldent oil the United States in relation thereto conf
dent tat III 'nis way, the fullest justice WILL sooner
or later, be done to the rights and reasonable expec
tations of both Governments
The undersigned renews TO your excellency the as
surance of bis most distinguished consideration
G.. CUSHING
mo. 9Ol
MACAO August %, 1874 !,
Sir: In all the preliminary steps of nv nego,ja
tons IN China, especially at the very
when the reception Of the Embassy, and its ultimate
success were matters of great uncertainty thought
It necessary to be scrupulousy exact in those matters