The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-16
IN Secretnry'x Reply 10 an Inquiry
Regarding the ALLEGED Spies Turned
over to MerciIess Chinese.
SCHEME TO STEAL A PORT
BRITAIN ANXIOUS TO SECURE A HAIR
BOR ON THE ALASKAN COAST.
Revival of n Dispute that May Lead
boundary Lines Not Fixed.

WASHINGTON, Jan. 1.-THE President
to-day sent to the Senate the correspond
ence in the case of the two Japanese spies,
together with a letter from the Secretary
of State. in which it is stated that the
American consuls had no authority to pro-
tect Japanese in China, except so far as u.s.
ing their good offices when occasion de-
manded. 1t was clearly stated to Minister
DENLY by Minister of Foreign Affairs
Mutsu that during the progress of wal
Chinese subjects in Japan must be direct
in the jurisdiction of japanese courts and
military authorities. and that treaty pro-
visions to the contrary were necessarily
abrogated by the war situation. This, of
course, carried with it the status of Japan
csc subjects in China. The letter further
states that there is scarcely any doubt
that the supposed students were spies.
The Secretary, in his letter. first quotes
the Senate resolution requesting the Pres
ident, if not incompatible with public in
terest, to transmit to the Senate all cor
respondence or other papers relating to the
delivery by the United States consul at
Shanghai of two japanese citizens to the
Chinese authorities and their subsequent
death by torture, etc. He then shows the
changed status brought about by the war,
and continues as follows: Before war
wa oCSio GU, I'LL III VI ~ anu
at the solicitation of Japan, our agents
in China were instructed to exercise their
unofficial good offices in behalf of Japanese
subjects in China on all the proper occa-
sions and to the full extent allowed by in
ternational law, and on a similar request
from China our agents in Japan were in
structed to afford protection to Chinese
subjects in Japan in like manner. This
comprises the extent of the understand
ing relative to protection of Japanese in
China.
ORDERED TO BE GIVEN UP.
ION the 18th of August the Chinese min
lister at this capital complained to the I'M
dersigned that the United States consul
at Shanghai was protecting two Japanese
| spies who had been arrested in that city,
and whose surrender was demanded by the
Chinese authorities in order that they
might be dealt with in due course. After
proper inquiry into the circumstances of
the case the demand was recognized as
| lawful and the men were ordered to be
given UP. This was not done, however,
without proper measures being taken to
prevent precipitate or summary action by
| the Chinese authorities. the undersigned
at the same time requested There was no
authority to demand lD that the accused
men might not be tried until the return of
Minister DENLY to Picking it being sup
posed that this would AFFORD opportunity
for investigation and deliberatlon. The
Chinese minister at once promised ccmpli-
ance and subsequently informed the under
signed that his government had acceded to
the request. Without questioning the law
fulness of the sentence under the laws of
war, the undersigned regrets to say that
the men were executed about six weeks
after their surrender, bat before the return
of Colonel DENLY to China.
Special attention is invited to the cor
| respondence on this subject. That the
prisoners were not boys, but men and
Il any. room for doubt. Mr.. Jornigan' our
consul-general at Shanghai, says that when
the men were arrested plans were found
on Them and that the accusing papers are
safe And speaking on the same subject
in a later report, Mr.. Jornigan says: Some
papers found in their possession would nat
urally, in a state of war. create a suspi-
cion tending to support the charges The
Chinese Chinese minister mi Lister f CLAIMS - that hat besides the
when arrested. the prisoners admitted,
without torture, that they had been en-
| ployed by their government to obtain and
forward by telegraph and otherwise infor-
nation useful in conducting military OPP
e eran anga agadni IS H tbaf su ah = shat Il tn MiI, n noi
be said by any one, after reading the ac-
companying correspondence, that Mr.. Jor-
favor of the Chinese authorities. In a re-
port dated Nov. 2 he says: The two al
legged spies were not executed as soon as
handed over, but their cases were under
Investigation for nearly six weeks, and I
am now assured that there was no I'M
fairness practiced against them during the
investigation and in a still later report he
states that "a letter from an intelligent
L foreign TGSlQenL at NdDklQE, W0GTG the TWO
Japanese were executed. discredits the re-
ports of their torture. Other letters from
the same gentleman have proved so accu-
ported torture without substantial proof
The Chinese government denies that the
men were put to death after being tor
tured, and the department is not advised
that they were tortured.
SPYING IN TINE OF WAR.
"Of the decision that the prisoners were
not subject to the jurisdiction of the con-
~ 81 n 49,
hal. and that he could not give them asy-
lum, the Japanese government. made no
complaint. Spying in time of war is a
purely military offense, not cognizable by
civil tribunals, and to have held the ac-
cused, against the demand of the Chinese
government, either for trial by our consul
general or before a mixed tribunal of for
eign and Chinese officials, would have been
inconsistent with our assumed attitude of
impartial neutrality. Our agents in China
agents of Japan, and this government could
not invest Japanese in China with an ex-
ira territoriality of which they did not
possess as subjects of their own SOW
ssFrom a letter addressed to Mr.. DENLY,
jr.. dated Aug. q, by Mr.. Fowler, our con-
sul-general at Ningpo; It appears that a
from the Ningpo. a foreign settlement. In
his report to Mr.. DENLY, Mr.. Fowler said:
Il wrote TOE LIE 1OAdl TeDiiGu, XIV
ing circumstances of trial. Evidence weak
and ex parte. Requested delay of punish
ment for a few days. just received reply
that it is none of my business. Will not
answer further dispatches on the subject.
Shall demand delay Mr.. Fowler seems
not to have understood the nature of the
protection he was authorized to afford
Japanese within reach of his consulate
The correspondence is quite voluminous,
covering fifty documents of greater or less
length. 1t also contains full transcripts of
the Instructions. These seem to have been
misunderstood. and on Aug. % Mr.. GRESHAM m
wired Mr.. DENLY: The consul-general
should not have received the Japanese and
is not authorized to hold them" and he
adds: Your suggestion that our consuls
act as arbitrators is not entertained"
On Aug. 81 Mr.. DENLY, charge d'affaires,
asks whether he can be authorized to make
the request on behalf of Japan that the
students be held until Minister DENLY shall
arrive, to which Mr.. Gresham replies on
the same date: MY instructions OF the
10Th are clear"
Mr.. Jernigan. in explaining his conduct In
receiving the students, says: Some of the
papers found in the possession of the Jap
anese would naturally, in the state of war
now existing. create a suspicion Of a char
acter tending to support the alleged charge,
but they state that they had been students
in Shanghai for several years. wearing