The evening times., 1900-06-18

small part of the cargo was recovered
while some of the dwellings and junks OF
the pirates were destroyed. The Chinese
authorities declined, however TO entertain
claim by the Amepican underwriters fol
reparation for the destruction of the bark
| and for uncovered portions Of the cargo
and Mr.. McLane. the American Commis-
sioner TO China, accepted their view. The
| State Department, instructed Mr.. Parker
| Mr. McLane's SUCCESSOR to demand IL
| demnity on the ground that the case ir-
volved by aggravated wrong" though il
might not come within the express provi-
sion Of the treaty between the two ccun-
tries subsequently the Department OF
State maintained that the treaty had been
violated. BY article "a of the treaty Of
1914 II was provided that if any vessel
or the United States should "be wrecked
or stranded on the coast of China and be
subjected TO plunder or other damage the
proper officers Of the Government on re-
ceiving information of the fact will imme-
ciately adopt measures for their relief
! and security" 1t was alleged that this
engagement was wholly disregarded by
| the Chinese Government in the present
case; that the local authorities partieipat-
| ed In, or eonnived at the acts of plunder
| and that the higher authorities took no
measures of OF relief and security" There
was also another stipulation Of the treaty
which was invoked by the United States
Article 20 provided as follows:
III the merchant vessels of the United
States. while within the waters over which
the Chinese Government exercises juris-
dtcton, be plundered by robbers or pirates
then the Chinese local authorities, civil
and military, on receiving information
thereof, will arrest the said robbers or
pirates and punish them according to law
and will cause all the property which can
be recovered TO be placed in the hands
OF the nearest Consul or other officer of
the United States, to be by him restored
TO the true owner But il by reason of
the extent Of territory and numerous pop
ulation Of China 1t should happen that
IN any case the robbers cannot be appre-
hended- or the property only in part re-
covered. then the law will take its course
in regard to the Local authorities. but the
Chinese Government will not make in
demnity for the goods lost"
The United States admitted that under
this article the Chinese Government
might discharge itself Of the obligation
of indemnity by showing that the robbers
could not be known to be apprehended
or that the property could only be in par.
recovered" But attention was called TO
the fact that In the case OF the Caldera
the claimant alleged that the property
plundered was VIGOROUSLY visible and ac-
latter participated in the plunder: that
the robbers were known as such to the
local and general authorities and that the
pirates concerned in il were shortly after
ward, with full knowledge taken into the
service OF the Imperial Government"
Commissioner Divided.
In due course a claim was made before
the Board Of Commissioners by the Amer
lean authorities and by Messrs. AIvord &
Co and Matthew Rooney. The Commis-
siOners differed in opinion on the claim.
Mr. Bradley holding that it should be re-
jeeted, while Mr.. Roberts maintained that
II should be allowed in part. Mr. Bradley
argued that the case was a simple one of
piracy on the high seas, and that even
assuming that the phrase merchant YES
sells Of the United States" would cover a
Chilean vessel carrying a cargo belonging
10 citizens Of the United States, The Chi
| nese Government had completely dis
charged its obligations under the treaty
He maintained that the Chinese Govern
ment had been ailigent in its efforts 10
detect and punish The pirates; that the
alleged completely Of one OF more national
officers in the plum iering of the bark was
neither proved nor shown TO be fairly
presumptive," and that there was no legal
evidence that the pirate feet was united
with the Imperial forces.
1t was well known. said Mr. Bradley.
that piracy was and had been from time
immemorial thu normal condition Of all the
Eastern seas. The character OF the south
ern shores of China with their countless
islands and inlets, their intricate passages.
and obscure harb0rs, rendered that quarter
a fayorite resort for piratical outlaws and
made their extiTpatiOn a work of no com
mon difficulty, while the extreme poverty
of the lower classes and their habits OF
aquatic life, greatly promoted the perpet-
uation OF the gangs. But ii by no means
followed that China was a pira:ical or
semi-piratical state. By ner legislation
she had treated piracy as a capital offence
and every year hundreds of freebooters
suffered the death penalty in the southern
provinces. Mr. Bradley applied to the
Caldera case the argument employed bv
Mr.. Webster inFths Mcleod case Mr.
Webster, while denying any delinquency
on the part Of the United States in sup
pressing disorders along the Canadian
border. argued that because Of the extent
OF frontier" to be guarded, "lrregularitfos.
vioiences. and conflicts" would some
times occur, equally against the will OF
both Governments" but such things would
be more likely to happen in regard to the
United States because of its apstenance
from maintaining large standing armies IN
time Of peace, and that all that could be
expected from either Government was
good faith. a sincere desire to preserve
peace and do justice. the use of all proper
means Of prevention" and if measures of
prevention should fail, the punishment of
the offender
Mr.. Roberts presented a report that the
claim should be paid That report was
adopted by Mr.. Ward, the American Min
ister, and in the course Of time the under
writers were awarded s47,54262, Alvord &
Co. $7,G23-52, and Rooney S3040. The
claimants were dissatisfied with the award
and Congress by an act of June 8. 1876.
referred the case TO the Court of Claims
That tribunal rendered a decision in favor
Of the claimants and on May Z 1881. the
Secretary OF State paid to the claimants
the sum OF S113. .077.11.
Another Interesting claim against China
was the Mott claim. On October 16 1857.
Mott & Co.. American merchants at Hong
kong, shipped four boxes of specie valued
at $1S197. 60 on board the British schooner
Nera at that port. The schooner sailed on
the afternoon Of October IL and during the
evening, while she was lying at anchor 4
short distance from the limits of the Lar-
Dor. i've Chinese came alongside and re-
Questad passage to Foochoo. At about 4
O'Clock at night these supposed passengers
assisted by some Chinese members Of the
crew. took possession of the vessel and
murdered the captain and some Of the sew
men and seized the treasury on board.
They then escaped to the mainland near
Mrs Bay. The claim was paid in 1869
NEW HEBRIDES CANNIBAIS.
Natives Who Sacrifice Children to