Page:American Diplomacy in the Orient - Foster (1903).djvu/360

 declined to grant unless instructed so to do by his government.

The two Japanese were students and had been residents of the French concession for three years; when arrested they were wearing Chinese dress, which is contrary to the treaty between China and Japan; and on their persons were found maps and memoranda respecting the war. The consul-general reported that, while papers in their possession seemed to lend a certain support to the charge, they were mere boys, and he did not believe they were guilty. He feared that if he turned them over to the Chinese authorities, in the excited state of the country, they would not receive a fair trial, might be subjected to torture, and would surely be beheaded. It was stated that during the Franco-Chinese war, the Russian consul having charge of French interests, exercised jurisdiction over citizens charged with crime by the Chinese authorities.

Secretary Gresham held that the good offices of American officials in China during the war did not warrant granting the Japanese an asylum against the Chinese authorities, that they were not entitled to exterritorial privileges, and that they were subject to trial and punishment by the Chinese tribunals. He, therefore, directed their delivery to the Chinese officials. The consul-general reported that after their delivery to the Chinese they were detained two weeks, tried, declared guilty as spies, and decapitated.

The unconditional surrender of the Japanese students was against the better judgment of Mr. Charles Denby, Jr., charge of the American legation, and of Mr.