The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-16

|
cuted.
Washington, D. c., Jan. 15.-The presi-
dent today sent to the Senate the cores
| pondence in the case of the two Japan
csc spies, together with a letter from
rune secretary of state, IN which 1T is
stated the the American consuls had no
iauthortty to protect the japanese in
! China, except SO far as using their good
offices when occasion demanded.
I 1T was clearly stated to Minister Dem
! by by Minister of Foreign Affairs Mutsu
! that during the progress of the war.
| ChIneSe subjects i'm Japan were ITO be in
direct jurisdiction of the Japanese courts
and the military authorities, and the
] treaty provisions to the contrary Were
necessarily abrogated by the war situa-
.tlon This, of course carried with 1T the
| status of Japanese subjects in China.
The letter further states that there is
scarcely any doubt that the supposed
lStudentS were spies.
Secretary Gresham, i'm his letter first
! quotes THE Senate resolution requesting
| the president, if not incompatible with
Itne public interest to transmit to the
| Senate all correspondence or other pa
| pers relating to the delivery by the Uni
ted States consul at Shanghai of two
| Japanese citizens to the Chinese authori-
| ties and their subsequent death by tor
l-ture, etc. He then shows the changed
I
! continues as follows:
Our Agents Instructed.
Before war was declared, but in antic-
| ipatioI1. Of it and ait the solicitation of
Japan, our agents IN China were in
structed TO exercise their unofficial good
J offices in behalf of Japanese subjects in
/. China on all proper occasions and to the
full extent allowed by international law,
rand upon a similar request from China
our agents in Japan were instructed to
IN19Tgt Subjects
Japan in like manner. This comprises
( the extent of the understanding" rela-
/ tive to protection of Japanese inn China.
| On the 18th of August the Chinese min
lister at this capital complained to the
undersigned that the United States con-
sui ait Shanghai was protecting Two
! Japanese spies, who mad 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
Tnand 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 pre-
! cip5taIte or summary action by the Chi
| nese authorities. The undersigned at the
same time requested (there was no au-
| th0rjty to demand it,, that the accused
men might not be tried until the return
/ of Minister DENLY to Pellin, it being
supposed that this would afford opportu-
nifty for investigation and deliberations
compliance and subsequently, informed
/ the undersigned that his government
/ had acceded to the request. Without
Questioning the lawfulneSS of the SEN
| tence under the laws OF war, the under
! signed regrets to say that the men were
executed about six weeks after their sur
( render, but before the return OF Colonel
Denby TO China. Special attention is in
vited to the correspondence on this sub
| ject.
Prisoners Were Not Boys.
That the prisoners were not boys, but
men and spies in the service of Japan
there is small, if 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 executing papers are
safe" And speaking on the same sub
! ject in a later report, Mr.. JOrnigan says:
| Some, papers found in their possession,
naturally, in a state of war, created a
SUSPICION tending to support the charge"
! The Chinese minister claims that be-
sides the evidence of guilt found in their
| possession when arrested, that they had
obtain and forward by telegraph and
| otherwise information useful in conduct
ling military operations against China, and
| that they had been engaged In that bust
latter reading the accompanying CORE
spondence that Mr.. HorniganS is biased
! in the slightest degree in favor of the
| Chinese authorities, and in o report dated
! November he says:
/ '"The two alleged spies were not exc
cuted as soon as handed over, but their
cases were under investigation for nearly
! six weeks, and | am now assured that
| there was no unfairness practiced against
! them during the investigation" and in
| still later report, he states that "a letter
| from an intelligent foreign resident at
! Marking, where the two Japanese were
I executed, discredits the reports of their
| tortures. Other letters from the same gen
| tleman have proved so accurate that 1
] fn q Cd
as without substantial proofs
Were Not Tortured.
'rhe Chinese government denies that the
/ men were put to death after being tor
tured and the department is net advised
! shat they were tortured. OF the decis-
to the jurisdiction of the consul-general
of the United States at Shanghai, and that
! he could not give them asylum, the
! Japanese government made no complaint.
offense not cognizable by a civil tribunal.
and to have held the accused against
the demand 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 inn
partial neutrality. Our agents IN China
were not substituted for the withdrawn
agents of Japan and this government
could not invest japan in China with an
extra territoriality which they did not
possess as subjects OF their own SOW
ereignty.
From the letter addressed to Mr.. DENLY,
ir., August 81, by Mr.. Fowler, our consul
at Ningpoo, it appears that q Japanese
was arrested in the dress of a Chinese
priest at Chin Hal, twenty miles from the
Ninspoo foreign settlement In his report
to Mr.. Derby Mr. Fowler says:
1--WE wrote for the facts. Taotaf re-
piled giving circumstances Of the trial.
Evidence weak and eXparte Requested
delay of punishment for a few days. Just
received reply none OF my business; will
rot answer further dispatches on sub
ject. Shall demand delay"
Mr.. Fowler seems not to have under
stood the nature of the protection he
was authorized to afford Japanese within
reach Of his consulate.
The correspondence is quite volu-
nninous. covering documents of greater
or less length. 1t also contains full
transcripts of the instructions. These
seem to have been misunderstood and
on August 90, Mr.. Gresham wired Mr..
DENLY:
"Tbe consul general should not have
received mia Japanese and he adds,
"our suggestion that our, consuls act
as arbitrators is not entertained"
On August 81, Mr.. DENLY, charge
d'affaires, asked whether he cam be
authorized to make the request on be-
half of Japan THAT the Students be
held until Minister DENLY shall ar
rive, to which Mr.. Gresham. replies on
the same date:
MY instructions OF the 18th are
clear"
n a letter to Mr.. DENLY. September
l. mr. Jornigan says:
The barbarous proclamation Of the