them with him. This, and other circumstances, being noticed by the celebrated syndic and minister, Sungkiun, in a memorial, his majesty was highly incensed, and ordered the offender to be summoned before him. On being asked if he was the author of this admonition, he firmly acknowledged that he was. He was then asked what punishment he deserved? and he answered, "Quartering." They told him to choose some other; whereupon he said, " Let me be beheaded;" and on a third command, he chose to be strangled. After these three answers, he was told to retire; and on the following day they appointed him governor of Ili (the country of the banished): thus acknowledging his rectitude, though unable to bear his censure. Having been recalled to court, and given fresh offense by his reproofs, he was degraded to the ranks of the watch; but was afterwards restored to his dignity by the present emperor.

No. 7.

Of the emperor Yungching, and of the Lama priests.

Though the succession to the throne depends on the arbitrary nomination of the reigning prince, that does not always prevent usurpations. An instance of this was seen in the succession of Yungching to his father, the great Kanghí. The prince nominated by him was the fourth; but this latter being in Tartary at the period of the emperor's somewhat sudden demise, Yungching, who was a privileged regulus, entered the palace and seized the billet of nomination. Before the figure which he there found, he set a sign of ten, and thus made it appear that he, the fourteenth prince, was the one nominated. He possessed himself of the sceptre, and ordered his brother to be arrested and imprisoned, in a place which is standing to this day, four leagues to the north of Peking, and in which it is said that he died. There are offices and posts held by this emperor, when regulus, which are said to descend to the three tribes and divisions within the district of the court. His palace has been converted into a pagoda, which is now inhabited by three hundred priests of Budha, who, within the capital, besides others, have three principal pagodas, into whose chiefs the Tartars believe that the soul of the great Lama of Tibet has passed. There are many pagodas of Budha to the north of Peking and throughout all Tartary, all built and maintained by the public exchequer. One of the above-named chiefs, who is generally son of a regulus, has further honors, and the revenue of a regulus of the first class; all the others are paid, according to their rank, from the exchequer. All this is done for them because they retain in subjection the Tartars

of the west, who consist of forty-eight principalities. Their respect who for the priests is unaccountable, and thus it is that the latter, go in June on a visitation to Tartary, on their return in October bring with them whatever the Tartars have of most value, especially cattle. It is said that the dynasty will pass to them; but the Chinese despise them exceedingly on account of their immorality, and of their being all, or nearly all, Tartars.

ART. III. Message from the president of the United States to the senate, transmitting the treaty concluded between Mr. Cushing and Kiying. Death of Sue Aman,

a Chinese shot by an American in Canton.

Sü Amán)

We now resume the papers relative to the death of Sue Aman. In negotiating with the imperial commissioner, Mr. Cushing proceeded on the principle that, "all Americans in China are to be deemed subject only to the jurisdiction of their own government, both in criminal matters and in questions of civil right." The English and French treaties have been negotiated on the same principal. And it is a principle that must be, so long as China remains as it now is, watchfully guarded. It was upon this principle that the case now before us was argued by Mr. Cushing. We subjoin all the papers that we can find bearing on the subject, and leave them without remark.

No. 1.

"United States Legation, Macao, June 22, 1844 "Sir: I think it desirable, in view of the late events at Canton, that our countrymen there should understand distinctly the view I entertain of their legal relations to the government of China and that of the United States.

"The nations of Europe and America form a family of States, associated together by community of civilization and religion, by treaties, and by the law of nations.

"By the law of nations, as practised in Europe and America, every foreigner, who may happen to reside or sojourn in any country of Christendom, is subject to the municipal law of that country, and is amenable to the jurisdiction of its magistrates on any accusation of crime alleged to be committed by him within the limits of such country. Here the minister or consul cannot protect his countrymen. The laws of the place take their course.

"In the intercourse between Christian States on the one hand, and Ma

hommedan on the other, a different principle is assumed, namely, the exemption of the Christian foreigner from the jurisdiction of the local authorities, and his subjection (as the necessary consequence) to the jurisdiction of the minister, or other authorities of his own government.

"One or the other of these two principles is to be applied to the citizens of the United States in China. There is no third alternative. Either they are to be surrendered up to the Chinese authorities, when accused of any breach of law, for trial, and punishment by the magistrates of China, or (if they are to have protection from their country) they come under the jurisdiction of the appointed American officer in China.

"In my opinion, the rule which obtains in favor of Europeans and Americans in the Mahommedan countries of Asia, is to be applied to China. Americans are entitled to the protection and subject to the jurisdiction of the officers of their government. The right to be protected by the officers of their country from the local law, and the jurisdiction of the officers of their country over them, are inseparable facts.

66

Accordingly I shall refuse at once all applications for the surrender of the party who killed Sue Aman; which refusal involves the duty of instituting an examination of the facts by the agency of officers of the United States. "Here with I inclose [copies] of the letters of his excellency the imperial commissioner on the subject, and my reply.

"You are at liberty to show this letter and its inclosures to such of our countrymen at Canton as you see fit.

"Meanwhile, I beg you to enjoin upon all the Americans within your jurisdiction the observance of the greatest prudence and forbearance in regard to the Chinese. I am, very truly, your obedient servant,

"P. S. Forbes, esq.
"Consul United States, Canton."

No. 2.

C. CUSHING."

"Consulate of the U. S. of America, Canton, July 11, 1844. "The gentlemen selected by the American consul on behalf of the Americans resident in Canton, and with their consent, to render an opinion as to the justifiableness and necessity of the act by which, on the evening of the 16th of June, a Chinese was killed, on having heard the evidence plead before them, as to the circumstance under which it took place, are unani_ mously of the opinion that the killing was a justifiable act of self-defense. S. B. RAWLE; S. WETMORE, JR.; ISAAC M. BULL; JAMES RYAN; JNO. D. SWORD; GEO. BASIL DIXWELL."

No. 3.

Depositions taken before the American consul on 11th July, 1844. "N. F. Bourne sworn: on the evening previous to the row in the American garden, I went into the British garden, somewhere about 4 o'clock in the afternoon. We were playing at skittles, when the door of the garden was violently pushed in by a crowd of Chinese. The gate-keeper attempted to put them out, but they drove him back; at last, their numbers increas

ing, one gentleman went forward, and pushed them back. I went towards him, to prevent his being improperly handled. The nob retreated to the open space back of the garden, and, having collected stones, threw thein even into the gardens, so that one could not walk treading on them. We were without ammunition, and therefore retreated in boats to the British consulate.

"The next evening a crowd collected again; but one of the gentlemen spoke to them, and they went away quietly. I was informed by Mr. Lay that the people who made the first attack were strolling players.

"Several gentlemen, in making their escape, fell into the water. They followed us into the gardens, tied brickbats to the skittles, and threw them into the water.

"After we had embarked, they ran round to the point they supposed we should land at, and threw more brickbats. The party that attacked us were stranger, and not inclined to noise; they merely wanted to look on; but, when opposed, they became very violent. On the next day at dark, in coming out of the gardens, I found a disturbance in the street, and the gate keepers cautioned me about going out. I then went to Mr. Grey's Hong to caution him from coming without arms, but found him coming back. I am an Englishman, and a voluntary witness.

N. F. BOURNE."

"J. C. Anthon sworn: I was in the square in front, when some Chinese came in, and were put out by the foreigners present, and immediately after commenced throwing stones. They were about 25 in number. They were requested to go out quietly. They were near the flagstaff, and were put out quietly; after which, they cominenced throwing bricks from the side, near Old China street. Afterwards, their numbers very much increased. I then went in, and did not come out again till dark. There was much noise and tumult. The brickbats continued to be thrown, while I was there, ten or fifteen minutes. The foreigners were not arined when they put them out of the square. After they were put out, they commenced throwing missiles at all standing near, hitting the doors of the factories. Their object seemed to be, to drive the foreigners into their factories. I was alone, and went in immediately. J. C. ANTHON."

"W. Groves sworn: the night of the 16th, had been to paint, and was afterwards walking in the garden, when a crowd of Chinese came in. They were requested to go out, but did not move quietly. They insulted us, and we then followed; some few of them were struck with sticks, and they then commenced throwing stones. I noticed one with mud and stones. He commenced throwing the mud and stones at me and the party with me. I was covered with mud, and retreated into the factory, the stones flying around me. When I came out again, the foreigners had armed themselves. The mob kept increasing-coming in from Hoglane and Old China street.

"On the evening of the 15th I was at the Chophouse, and saw the mob come down. They all had stones, and there was from 50 to a 100 of them In the American garden at the beginning, I should think there was from 10

to 20. There was a good deal of noise; and I saw some Parsees hit with stones. Every foreigner was stoned that made his appearance. "WILLIAM GROVES."

"R. Fisher affirmed: I had written a letter detailing the circumstances of the row in the English garden, and in going out saw several Chinesc in the square, and was satisfied that mischief was at hand. I was walking in the garden, when some Chinese came in; I did not like it. I thought better to drive them out at the beginning, in order to prevent riot; some were not disposed to go, but soon after went. There was a continuous line from the gate to the flagstaff; they were just beginning to enter. We took our canes and drove them away, keeping clear of the brickbats. I saw policemen, who, instead of acting, reasoned with them, and then they would pass him, he suffering them to go in. Brickbats were thrown at Mr. Wetmore's factory; I was very near being struck by one. The general idea was, that it was necessary to arm. I was decidedly of opinion that it was necessary to arm; my own actions proved it. I thought we had better get them out soon, and then get out ourselves. I never saw so many gather together on any previous occurrence of the kind, and they evidently came for evil purposes. I was apprehensive of a riot if they were allowed to proceed. I did not perceive any proper effort on the part of the Chinese police to prevent this riot; I think they were grossly careless. There were no arrests, as there should have been. Men with their arms full of bricks were allowed to conie in, the police officers only talking reason, as they call it. There were continuous shouts, showers of bricks, and then yells. It was the general impression a serious riot was about to ensue, and the universal cry was arm, arm. It was unsafe for a foreiger to pass through the crowd; I saw two hit with stones. I was standing in front of the American consulate, and was very near being hit. I armed, as did all the others. The mob consisted of men of the very lowest order. I have lived in China between five and six years, at three different periods.

"RODNEY FISHER."

« W. A. Lawrence sworn: my knowledge commences some time after Mr. Fisher left the garden. The noise brought me to the window, from the back of the factory, where I was reading. At that time there were few Chinese in front, but a disposition to gather at the sides. I saw them coming up and gathering together; the gate had been shut. At this time, one of these persons was directly in front of the factory I occupy, ahead of the rest, evidently leading. This man was apparently very much exasperated, and cursing and stoning all who passed. At that time, no one could have passed along without perilling his life—having his brains knocked out. Behind this man, there seemed others who were supplied with bricks from the rear; it was just before dark. As I stood at the window, I saw the gentlemen returning from the river, and made signs to them, to warn them from those people. One gentleman, I particularly recollect, did not observe what was taking place until he opened the gate of the garden, and came, out near this man. He then rushed for the gate of our Hong, in which he lives, but which had been