The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-10-12
American Official COMPREHENSIVE
Result of the Late War.
GENERAL LIE GENDRE'S ARREST IN CHINA.
The United States Consul General Charges Him
as an Agent Of japan.
Released by Order, but No Salts
faction.

Il
arrest OF General LIE Gendre at Annoy, and OF the
subsequent proceedings connected with the case
The various documents throw q new hight upon
the origin OF the action, and place the respons.
bity In an unexpected quarter. AS nothing be.
yond the merest outline OF the affair has yet been
made public, 1t may be interesting to relate the
circumstances as they occurred from the begin.
ming.
HISTORY OF THE CASE.
General LIE Gendre having been the confidential
adviser OF the Japanese In all the business relating
10 Formosa was sent to Hong Kong in the latter
part OF July, with instructions to proceed Month
ward to Foochow, and there enter upon peaceful
negotiations with the Viceroy OF Fo-kien, having
concluded which he was TO go on TO Pekin.
to assist In the deliberations that were
taking place respecting the agreement en-.
tered into last June between Gene raj
Sago and Commissioner snen, IN the Japanese
camp at Lang klao. His mission was purely in
the interest OF peace, and no action on his part
could have tended TO any other result TO reach
Foochow I: was necessary for him to pass through
Amcy; on landing at which place he was forclby
arrested by the Marshal OF the United states Con-
sulate, assisted by officers and marines or the
United States ship Yaatlc. This occurred on the
9th Of August. On the following morning accom-
panied by four oondsmen-Messrs N. c. Stevens,
John Middleton, ]. G. Wardlaw and Randall Il.
Pye-he went into court, and, in the course OF
slight delay before the opening OF proceedings,
asked for the reasons OF his arrest. He was in
formed that it was needless for him to inquire
that 1t had been decided BY the Court to hold him
for trial and that no explanation could be given
him for the present.
The American Consul, Mr.. J. ]. Henderson, then
delivered the following
ADDRESS,
Mr.. LIE Gendre, Yesterday, upon official complaint
nv tn 0nfh inns hay uytf
public information, facts within my own knowledge
and Others which have good reason to believe
Instructions from the United states Leg tion at
PeKin, caused you TO be apprenended on q charge
hostility TO the government OF Cnlna 10 wit:-1he
Japanese armed expedition now operating In the
United states and their treaty Obligations with
China and the peace resting on those laws and OBJ
legation tbs claimed that the island OF Formosa IS
y part Of the dominion OF the Emperor OF China;
and IN the landing OF an armed force upon that
island ana making war upon ITS Inhabitants con-
stttuteS the offence, the commission OF which you
are charged with aiding and aDetting. In proof
that tlis expedition is hostile to China, we have
violation OF the OF the United states and their
treaties with China will, lor the present, be pre-.
sumed to follow. The charge OF your connection
with the enterprise Is based upon the items OF
evidence have recounted as justliying your ar.
rest Some OF the articles OF the treaty and pro-
visions or law bearing upon the case are the
foowlng:-(vid Art. l. treaty OF 1851 IN the
ame .M os ae peace Se
TINS article defines offences in the most com.
prehensiye language-the phrase "or commit
so-(see section l, Law OF United States, April 20
1878; see section !, Law OF United States June 20,
/ 1S60). The terms employed In this section
| somewhat indefinite. but most comprehensive;
| 1.-THE Consul may. upon facts within MS own know
ledge, or which he has good reason TO believe to
be true &c, issue his warrant for the arrest OF
any citizen OF the United States charged with
committing in the country an offence against law
(see section 90 i'd. This section author.
tied the Minister or Consul 80 do and perform
the treaty into full effect see also section "a i'd.
The step which has been taken, with what
portance not only to yourself but also to the gov
eminent OF China, the United States and probably
sne japanese Rovernme a, anu the expeaition you
obvious that nothing relating to so grave matter
should be done without due consideration and
| preparation. In view OF the present imperfect
| knowledge OF the Court and the peculiar and ex-
traordnary character OF circumstances, 1t Is i'm
4 this time, ana can only hold you subject TO the
further order OF the Court dependent on the re-
| ceipt OF instructions from Pektn. Every effort
will meantime be made to bring the case to hear
| ing as soon as possible.
Twin remark that, out OF the respect feel for
your character and position, past and present, 1t
IS my disposition TO treat you considerably; 1t is
1 depart the Court. The circumstances-the PROP
able value OF your services to the expedition you
are charged with serving-demand that you give
heavy oond, and. since You are not among strang.
ers 1t will not be difficult for You TO obtain ample
security for your attendance at Court. Therefore
i
order OF the Court, and your bail win be fixed at
$4,000, your sond to be executed In compliance
with the rules OF the Court. In default you will
committed.
| AMERICAN DIPLOMACY AND OFFICIAL MISTAKES.
Notwithstanding the fact that Consul Hender
son declared his action TO be ''above ALL under in
struction from Pekin," there were many points in
the above statement that excited much surprise
He was known to have been. at least until re-
Gently, quite opposed to the Chinese side OF the
general controversy and to have issued certain
former admonitory documents to Americans in
Formosa, solely in consequence OF orders from Mr..
! Williams, the United States Charge d'Anaires
The few attempts at legal Justification In this in
stance were therefore unexpected. A word or two
ofremark concerning them Will not be out OF place,
The allusion TO 'compaint by Chinese authori-
ties' is based upon the letter sent by the viceroy
OF Fuklen 70 Mr.. Henderson, which has already
been published, and in which the writer says
III IN the vessels that are gone to Formosa tnere
! are American citizens aiding the Japanese, we
sK you 70 punsa nose that are acting
/ with the eleventh article OF the treaty and the
laws OF your country" General lie Gendre, how
1 ever, was not In one OF the vessels that went TO
Formosa, nor had he been In the island since 1872
He was not even purpostng to go there II he had
men-ol-war that lett Annoy the day OF his ar.
rival before his arrest had taken place. 1t was
/ perfectly veil known that his destination was
Foochow and Shanghae and that transport was
In waiting in Annoy harbor to take him to those
tentons by showing his Official credentials and in
structlons; but this the Consul informed him. ne
could not De allowed TO do. Consul Henderson's
charge OF violation OF the ''peace resting on the
laws and obligationsn between the United states
and China is disposed OF by the Iact that no war
exlsteu or even yet exists, be tween any Powers
with which the United States are at peace and an
| ample recognition OF this ract happened to be
Afforded on the very day OF the arrest by the
circumstance that the Japanese Consul at
Annoy oreakfasted, by invitation, with the
Chlnese Admiral, Ii. 1he Consul quotes
|
oHences is the commission OF any Improper act
| IN China" The only act that General LIE Gendre
nad committed was that OF landing from the
| British ship Kwan IunR. The formal asseveration
by the Consul, that because China has declared
| the Formosa expedition TO be hostile General lie
Gendre's violation OF the laws OF the United
states and their treaties will be presumed to fol-