So long as the Chinese minister, under his instructions,
makes this the basis of an appeal to the principles and convictions
of mankind, no exception can be taken; but when he goes further, and,
taking as his precedent the action of the Chinese Government in past
instances where the lives of American citizens and their property in
China have been endangered, argues a reciprocal obligation on the part
of the United States to indemnify the Chinese subjects who suffered at
Rock Springs, it became necessary to meet his argument and to deny most
emphatically the conclusions he seeks to draw as to the existence of
such a liability and the right of the Chinese Government to insist
upon it.
I draw the attention of the Congress to the latter part of the note of
the Secretary of State of February 18, 1886, in reply to the Chinese
minister's representations, and invite especial consideration of the
cogent reasons by which he reaches the conclusion that whilst the United
States Government is under no obligation, whether by the express terms
of its treaties with China or the principles of international law, to
indemnify these Chinese subjects for losses caused by such means and
under the admitted circumstances, yet that in view of the palpable and
discreditable failure of the authorities of Wyoming Territory to bring
to justice the guilty parties or to assure to the sufferers an impartial
forum in which to seek and obtain compensation for the losses which
those subjects have incurred by lack of police protection, and
considering further the entire absence of provocation or contribution
on the part of the victims, the Executive may be induced to bring the
matter to the benevolent consideration of the Congress, in order that
that body, in its high discretion, may direct the bounty of the
Government in aid of innocent and peaceful strangers whose maltreatment
has brought discredit upon the country, with the distinct understanding
that such action is in no wise to be held as a precedent, is wholly
gratuitous, and is resorted to in a spirit of pure generosity toward
those who are otherwise helpless.
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