2
empowered to make any reduction. Moreover, that the other claims could not be ignored. A long discussion followed during which, although he at last assented to paying compensation to the injured persons, he set his face against any payment to the ship, crew, or passengers. I then pointed out that I could not be content with his proposal, that the settlement of the case was very urgent, and that I had been informed by the Admiral that, failing immediate payment of the claim, he must telegraph to the Admiralty for instructions as to further steps to be taken. He still appeared recalcitrant and after informing him that further discussion appeared useless and that I could only inform the Admiral that I was unable to arrive at a satisfactory settlement, I left,
The next morning I received a visit from Taotais Wen and Wei, the Viceroy's Secretaries. They stated that his Excellency was very desirous of a settlement and was prepared to pay the whole claim for Mrs. Macdonald and the other injured persons, but objected on principle to pay the other claims. I told them His Majesty's Government had limited the ship's claim to actual losses, though it could not be denied that their passenger traffic had suffered as a consequence of the piracy. I could not, therefore, consent to any reduction of their claim, which was strictly moderate. The question of the claim of passengers and crew then came up and they said that there had been very strong suspicion in many cases of piracy that the Chinese on board the vessels had been in collusion with the pirates, and that the Viceroy considered it would create a dangerous precedent if the Chinese employed in ships and launches should think they might connive at piracy and yet reap a further profit by getting compensated for their alleged losses. This charge of connivance on the part of the crew, I have little doubt is true in certain cases. A good deal of discussion followed and eventually, finding that these claims only totalled some 5,000 dollars odd and that the total amount offered was, owing to the fact that I had insisted on Mrs. Macdonald's indemnity being paid as sterling rates, and that exchange had since dropped, more than the 85,000 dollars I had originally claimed, I consented to accept a lump sum of 86,477 dol. 77 c., which has now been paid to me. I drew up an Agreement, of which I enclose a copy; Messrs. Wen and Wei are thoroughly acquainted with English, so the document may be considered as binding for a precedent. I also enclose copy of a despatch from the Viceroy announcing the settlement, and I trust that you will consider that the wording of it, which I have been at some pains to get altered to my satisfaction, may meet with your approval. Copy of my reply follows later.
I feel some diffidence as to the apportionment of the indemnity among the claimants, and would ask your approval by telegraph, if possible, of the following modifications of the claims as given in my despatch No. 14 of the 5th April, 1907:—
Mrs. Macdonald Dollars. 58,076.77 Captain Joslin 12,000 Engineer Seggie 3,000 Khan Mahommed 2,200 Ali Akbar.. 600 Sherif Bullah 400 Half Chinese crew and passengers 3,792 Owners' claim 6,409 Total 86,477.77I do not think any injustice will be done in reducing the claims of the Chinese crew and passengers by one-half. It has, of course, been impossible to verify the items, which in many instances appeared exaggerated or even fictitious. On general principles, experience shows that in Chinese claims of this kind which cannot be supported by evidence, a reduction of one-half is not excessive, and the remaining half would not be enough to put a premium on complicity.
Mrs. Macdonald's share is not, it is true, at the present low exchange, so much as the 6,000l. estimated by the Foreign Office. It amounts, roughly speaking, to 5,500l. I propose to telegraph a small sum to her for present necessities and communicate with her as to the disposal of the rest. A rise in exchange to a little over 2s. would make up the deficiency.
I have, &c. (Signed)
R. W. MANSFIELD.
3
Inclosure 2 in No. 1.
"Suinam" Piracy Case Agreement.
IT is hereby agreed that His Excellency the Viceroy of the Two Kwang will pay to His Britannic Majesty's Consul-General the sums of 6,000l. and 17,790 taels, being the sum allowed as compensation to the sufferers by the piracy of the British steam-ship "Sainam" on the 13th July, 1906.
It is further agreed that as soon as Brigadier-General Li Chun is in a position to take effective charge of the various sections of the waterways now patrolled by the British ships, such ships will be withdrawn section by section, until the present increased patrol by the British ships is entirely withdrawn.
(On behalf of his Excellency Chang, Viceroy of the Two Kwang), (Signed) H. WEI.
Canton, January 4, 1908.
(Translation.)
Sir,
WEN TSUNG-YAO,
R. W. MANSFIELD,
His Britannic Majesty's Consul-General.
Inclosure 3 in No. 1.
Viceroy Chang to Consul-General Mansfield.
Canton, January 9, 1908. I CONSENT to the agreement come to between Taotais Wei and Wen of the Foreign Bureau and yourself with regard to the amount of the compassionate allowance to be paid on account of the piracy of the "Sainam" and the withdrawal of the British war-ships-
1. It is mutually agreed with reference to the piracy of the steam-ship "Sainam" on the 22nd day, 5th moon, 32nd year of Kwang Hsü, i.e., the 13th July, 1906, that a compassionate allowance of 62,264 taels be paid for Dr. Macdonald and others.
2. It is mutually agreed that as soon as Brigadier Li Chun has taken over, section by section, the waterways now patrolled by the British ships, the latter will, section by section, be withdrawn, i.e., the entire number of those recently added.
I must, therefore, ask you to request the British Admiral to speedily withdraw the patrol-ships as agreed.
Brigadier-General Li Chun has been intrusted, after memorializing the throne, with the duty of suppressing piracy on the West River; he must be strictly enjoined not to be remiss, but to look after everything with the greatest care.
There is no great difficulty in arresting pirates found afloat (in their own vessels); but it will not be easy to exterminate the pirates who pretend to be passengers and conceal themselves on board launches, without periodic examinations carried out on board. The action of the British war-vessels on the West River in ordering vessels flying the British flag to stop, and searching them, is clearly with this object. I have now ordered the local officials to make careful investigations at the various places where launches take up or set down passengers, and have instructed the gun-boats along the routes from time to time to pick out and search them; and British trading-vessels must be ordered to stop and permit an examination to be held, with a view to finding out whether, among the passengers embarking at the starting places or those joining en route, there may be pirates on board disguised as passengers. The masters must give the utmost assistance, so as to avoid any inefficiency of protection.
The above particulars have, according to Taotais Wei and Wen, been discussed between you and them, and Brigadier-General Li Chun has arranged a satisfactory scheme with you, so that these proposals can be adopted. I must, therefore, ask you to reply at an early date and act accordingly, and to formally close the "Sainam" case,
Compliments.
Inclosed, 62,264 taels, entire compassionate allowance for the "Sainam" case.
Page 356
!
2
empowered to make any reduction. Moreover, that the other claims could not be ignored. A long discussion followed during which, although he at last assented to paying compensation to the injured persons, he set his face against any payment to the ship, crew, or passengers. I then pointed out that I could not be content with his proposal, that the settlement of the case was very urgent, and that I had been informed by the Admiral that, failing immediate payment of the claim, he must telegraph to the Admiralty for instructions as to further steps to be taken. He still appeared recalcitrant and after informing him that further discussion appeared useless and that I could only inform the Admiral that I was unable to arrive at a satisfactory settlement, I left,
The next morning I received a visit from Taotais Wen and Wei, the Viceroy's Secretaries. They stated that his Excellency was very desirous of a settlement and was prepared to pay the whole claim for Mrs. Macdonald and the other injured persons, bat objected on principle to pay the other claims. I told them His Majesty's Government bad limited the ship's claim to actual losses, though it could not be denied that their passenger traffic had suffered as a consequence of the piracy. I could not, therefore, consent to any reduction of their claim, which was strictly moderate. The question of the claim of passengers and crew then came up and they said that there had been very strong suspicion in many cases of piracy that the Chinese on board the vessels had been in collusion with the pirates, and that the Viceroy considered it would create a dangerous precedent if the Chinese employed in ships and launches should think they might connive at piracy and yet reap a further profit by getting compensated for their alleged losses. This charge of connivance on the part of the crew, I have little doubt is true in certain cases, A good deal of discussion followed and eventually, finding that these claims only totalled some 5,000 dollars odd and that the total amount offered was, owing to the fact that I had insisted on Mrs. Macdonald's indemnity being paid as sterling rates, and that exchange had since dropped, more than the 85,000 dollars I had originally claimed, I consented to accept a lump sum of 86,477 dol. 77 c., which has now been paid to me. I drew up an Agreement, of which I inclose a copy; Messrs. Wen and Wei are thoroughly acquainted with English, so the document may be considered as binding for a precedent. I also inclose copy of a despatch from the Viceroy announcing the settlement, and I trust that you will consider that the wording of it, which I have been at some pains to get altered to my satisfaction, may meet with your approval. Copy of my reply follow later.
I feel some diffidence as to the apportionment of the indemnity among the claimants, and would ask your approval by telegraph, if possible, of the following modifications of the claims as given in my despatch No. 14 of the 5th April, 1907 :—-
Mrs. Macdonald
Captain Joslin
Engineer Seggie
Khan Mahommed
Ali Akbar..
Sherif Bullah
Half Chinese crew and passengers Owners' claim
Total
Dollars.
58,076.77
12,000
3,000
2,200
600
400
3,792
6,409
86,477.77
I do not think any injustice will be done in reducing the claims of the Chinese crew and passegers by one-half. It has, of course, been impossible to verify the items, which in many instances appeared exaggerated or even fictitious. On general principles, experience shows that in Chinese claims of this kind which cannot be supported by evidence, a reduction of one-half is not excessive, and the remaining half would not be enough to put a premium on complicity.
Mrs. Macdonald's share is not, it is true, at the present low exchange, so much as the 6,0001. estimated by the Foreign Office. It amounts, roughly speaking, to 5,500!. I propose to telegraph a small sum to her for present necessities and communicate with her as to the disposal of the rest. A rise in exchange to a little over 28. would make up the deficiency.
I have, &c. (Signed)
R. W. MANSFIELD.
3
Inclosure 2 in No. 1.
"Suinam" Piracy Case Agreement.
IT is hereby agreed that His Excellency the Viceroy of the Two Kwang will pay to His Britannic Majesty's Consul-General the sums of 6,000l. and 17,790 taels, being the sum allowed as compensation to the sufferers by the piracy of the British steam-ship
• Sainam on the 13th July, 1906.
It is further agreed that as soon as Brigadier-General Li Chun is in a position to take effective charge of the various sections of the waterways now patrolled by the British ships, such ships will be withdrawn section by section, until the present increased patrol by the British ships is entirely withdrawu.
(On behalf of his Excellency Chang, Viceroy of the Two Kwang), (Signed) H. WEI.
Canton, January 4, 1998.
(Translation.)
Sir,
WEN TSUNG-YAO,
R. W. MANSFIELD,
His Britannic Majesty's Consul-General.
Inclosure 3 in No. 1.
Viceroy Chang to Consul-General Mansfield.
Canton, January 9, 1908. I CONSENT to the agreement come to between Taotais Wei and Wen of the Foreign Bureau and yourself with regard to the amount of the compassionate allowance to be paid on account of the piracy of the "Sainam" and the withdrawal of the British war-ships -
33
1. It is mutually agreed with reference to the piracy of the steam-ship "Sainam on the 22nd day, 5th moon, 32nd year of Kwang Hsü, i.e., the 13th July, 1906, that a compassionate allowance of 62,264 taels be paid for Dr. Macdonald and others.
2. It is mutually agreed that as soon as Brigadier Li Chun has taken over, section by section, the waterways now patrolled by the British ships, the latter will, section by section, be withdrawn, ie, the entire number of those recently added.
I must, therefore, ask you to request the British Admiral to speedily withdraw the patrol-ships as agreed.
Brigadier-General Li Chun has been intrusted, after memorializing the throne, with the duty of suppressing piracy on the West River; he must be strictly enjoined not to be remiss, but to look after everything with the greatest care.
There is no great difficulty in arresting pirates found afloat (in their own vessels); but it will not be easy to exterminate the pirates who pretend to be passengers and conceal themselves on board launches, without periodic examinations carried out on board. The action of the British war-vessels on the West River in ordering vessels flying the British flag to stop, and searching them, is clearly with this object. I have now ordered the local officials to make careful investigations at the various places where launches take up or set down passengers, and have instructed the gun-boats along the routes from time to time to pick out and search them; and British trading-vessels must be ordered to stop and permit an examination to be held, with a view to finding out whether, among the passengers embarking at the starting places or those joining en route, there may be pirates on board disguised as passengers. The masters must give the utmost assistance, so as to avoid any inefficiency of protection.
The above particulars have, according to Taotais Wei and Weu, been discussed between you and them, and Brigadier-General Li Chun has arranged a satisfactory scheme with you, so that these proposals can be adopted. I must, therefore, ask you to reply at an early date and act accordingly, and to formally close the "Sainam" case,
Compliments.
Inclosed, 62,264 taels, entire compassionate allowance for the "Sainam" case.
sad sa druge
356
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