Evening star., 1895-01-15
Secretary Gresham's Report on the
Two Japanese Citizens.
Why OUR CONSUL SURRENDERED THEM
Says They Admitted That They
Were Spies.
STORY DISCREDTTED

Senate today transmitting all the ccrre-
spordence relating to the case of the two
Japanese citizens surrendered by the
United States consul at Shanghai to the
Chinese authorities and subsequently exc
cuted. II is accompanied by the following
special report made by the Secretary of
State, which embodes a summary of the
correspoL dence:
To the President:
The Secretary Of State to whom was
referred a resolution adopted by the SEN
ate on the Sd instant, requesting the Pres
ident-
IF not incompatible with the public in
terest, to transmit to the Senate all cor
respohdence or other papers relating to
the delivery by the United States consul
at Shanghai of two Japanese citizens to
the Chinese authorities, and also to in
form the Senate whether the said Japa-
nese were put to death after being tor
tured; and whether there was any under
standing with the Chinese government that
officers of the United States should ald,
assist and give safe conduct to any Japa-
nese citizen desiring to leave China; and
further to inform the Senate whether the
United States consul at Hankow was rep
rimanded by Chinese officials for aiding
Japanese citizens to leave the country,
and whether all information was refused
to the United States consul at Nangpo
charges against certain Japanese citizens
arrested there
has the honor to submit the following re-
port, with copies of the correspondence
relating to the subject:
The treaties between China and Japan
being abrogated by the state of war eX-
listing between the two countries, the con-
suls of the country no longer exer-
cised the powers with which they were
invested by the treaties in the territories
of the other in time of peace,
ard the Japanese government there
fore declared in an imperial ordinance as
one of the first results of the state of war
that Chinese subjects in Japan should be
wholly subject to the Jurisdiction of the
Japanese courts and military authorities.
On the return voyage TO China from his
leave of absence Minister DENLY visited
Toxic. and in conversation between him
and Mr.. Mutsu, the Japanese minister or
foreign affairs. the latter expressly re-
pudiated the idea that American consuls
could exercise jurisdiction ever Chlnese
in Japan.
The abrogation of the treaties was neces-
sarily attended with the same effect upon
the status of Japanese subjects in China.
Before war was declared, butt in anttcipa-
ton of it, and at the solicitation OF Japan,
our agents in China were instructed to
exercise their unofficial good offices In be
half of Japanese subjects in China on all
proper occasions and to the full extent al
lowed by international law, and upon a
similar request from China our agents
in japan were instructed to afford protec-
ton to Chinese subjects in Japan In like
manner. This. as shown by the annexed
correspondence. comprises the extent OF
the understanding in relation to protec-
ton of JapaneSe in China.
On the 18th of August the Chinese min
lister at this capita, complained to the un.
dersiSneG that the United States consul
general at Shanghai was protecting two
Japanese spies who had been arrested In
that city and whose lrrender was de-
manded by the Chinese authorities In order
that they might be dealt with In due
course. After proper inquiry into the cir
cumStanceS 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 precipitant or summary
action by the Chinese authorities. The
ur dersigned at the same time requested
(here was no authority to demand ~ that
the accused men might not be tried until
the return of Minister DENLY to Peking.
it being supposed that this would afford
opportunity for investigation and de!1hera-
ton. The Chinese minister at once prom
ised compliance and subsequently informed
the undersigned that his government had
acceded to the request. Without question
ing the lawfulncsS of the sentence under
the laws of war the undersigned regrets TO
saw that the men were beheaded about
six weeks after their surrender, but before
the return of Colonel DENLY to China. Spe-
cial attention is invited TO the correspond
ence on this subject. That the prisoners
were not boys, but men and spies in the
military service of Japan, there is small, II
any, room for doubt. Mr.. Jernlsan, our
consul general at Shanghai says that when
the men we're arrested "planS were found
on them and that "the accusing papers
are safe" And speaking on the same sub
ject in later report Mr.. Jern1San says,
"some papers found in their possession
would naturally in a state of war create
a suspicion tending to support the charge
The Chinese minister claims that besides
the evidence of guilt found IN their posses
ta6
without torture, that they had been em7
plcyed by their government to obtain and
forward by telegraph and otherwise infor-
nation useful in conducting military
operations against China. and that they
had been engaged in that business.
1t will not be said by any one, after read
ing the accompanying correspondence, that
Mr. JcInigan, our consul general at Shang-
hal, is biased in the slightest degree in
favor of the Chinese authorities, and in
report. dated November 2, he says: The
two alleged spies were not executed as
soon as handed over, but their cases were
under investigation for nearly six weeks,
and l am now assured that there was no
Unfairress practiced against them during
the Investigation" And in still later re-
port he states that "a letter from an intel
lisent foreigner residing at Nanking, where
the two Japanese were executed, d1scredltS
the reports of their torture. Other letters
from the same gentleman have proved so
accurate that 1 am disposed to accept the
reported tortures without substantial
proof" The Chinese government denies
that the men were put to death after be-
ing tortured and the department is not
advised that they were tortured.
OF the decision Of this government that
the prisoners were not subject to the jurs-
diction of the consul general Of the United
States at Shanghai, and that he could not
give them asylum, the Japanese govern
rnent made no complaint. On the contrary
the japanese minister at this capital in
formed the undersigned that in the opinion
of his government neither our consular
representative at Shanghai nor any other
agent of this government in China was au-
thorized to hold the two men against the de-
r1and of the Chinese authorities, and that,
under similar circumstances his govern
ment would expect the surrender of Chinese
subjects in Japan.
Spying in time of war is a purely mill
tary offease rot cognizable by civil tribu-
nals, and to have held the accused against
the demands of the Chinese government,
either for trial by our consul general or
before a mixed tribunal of foreign and
Chinese officials. would have been incon-
sistent with our assumed attitude of I'M
partial neutrality. Our agents in China
were not substituted for the withdrawn
agents of Japan and this government could
not invest Japanese in China with an ex-
traterritoriality which they did not possess
as subjects of their own sovereign.
D0lSr IN