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교전 책임 논쟁

 
  • 발신자李基祖
  • 수신자E. B. Drew
  • 발송일1871년 5월 3일(음)
  • 출전『동문』 洋舶情形, pp. 2491-7 중 첨부문서
富平都護府使送美國公使照覆
昨者奉覆非望更有回音又此覆文以貴憲公文之不敢上達朝廷見恠而相詰自不得不說明其故耳最初貴船在留碇處接應往復綽有其地乃溯入隘口到有守者鳴砲之擧前書已歎其不幸則庶應諒悉而竟又再入打仗殺傷已多以此我朝廷大加震怒不復信貴處之和睦而來如此之際貴憲雖欲上達公文以他國使臣直行文移於我國王上極爲駭怪於等威體禮之間敝職何敢以此轉達乎我朝廷必有嚴辭譴斥敝職何所逃罪而於貴憲亦安乎轉轉層疊迄無窮時此所以畏法守經不敢遽爾遞上者也大抵貴憲之遠勞商辦豈有他事哉只以向來二隻船之一救一害未詳其故而致慮於後日洋面來往之船或復有不虞之患必欲立一和約永無相害而然耳此豈非過慮之甚而枉勞之擧乎一隻船之被人所誤自來取禍此誠意外之事其或海霧失路或風濤漂泊凡諸遭厄遇難種種人命本國之十分拯救依願護送載有金石成憲體天字民無間於達邇別國是以沿海地方莫不夙夜慥慥而敝職亦忝其一天地鬼神臨質上傍豈有虛言相欺但願貴憲勿復過慮枉勞於此等事件貴在雖未啇辦而商辦卽此而已無待和約而和好自在其中矣敝職竊有聞於我朝盈廷之論茲以罄盡衷曲顧其職分則惟守惟戰而已爲此照覆云云 五月初三日

 
별지 : 英譯文
 
  • 출전[英譯] FRUS, 1871, China, pp. 140-1.
 Li, guardian general of Foo Ping prefecture, makes a communication in reply.
 To the reply which I had the honor to send you the other day, I had not expected there would be a rejoinder. But I have now to acknowledge your answer, expressing surprise that I do not dare to forward his excellency’s dispatch to the court, and inquiring into the matter. An explanation of my reasons is therefore indispensable.
 Although the place where your honored ships came to anchor on their arrival here was amply suitable for intercourse and correspondence, yet you, ascending the tide, entered the narrows, and thus caused those holding the place to open fire upon you. As we had written, expressing regret at the infelicity of that affair, you might have passed it over; but no! ― on the contrary, you went up a second time and fought a battle, in which many of our people were killed or wounded. Our court is terribly incensed at this, and no longer believes in the alleged peaceful nature of your visit. Under these circumstances, although his excellency wishes a dispatch to be forwarded, yet, in view of the utter irreconcilability of a foreign minister’s writing our sovereign direct on terms of equality with what is due to rank, dignity, and ceremonial propriety, how could I, an humble official, venture to transmit it? Our court would certainly severely censure and disgrace me for such an act; and how could I escape this punishment? And is this a matter of no concern to his excellency? It is, after repeatedly and unremittingly revolving the matter in my mind, that, dreading the law and holding to the canons of usage, I dare not recklessly forward the dispatch.
 The business which his excellency has encountered the hardships of a long voyage to consult about and arrange can, in all probability, I presume, be nothing else than that he does not fully know why, of two vessels which came to our shores one was rescued and the other destroyed; and because he is solicitous for the future, lest in the course of their voyage vessels may perhaps again meet with unforeseen disasters, he therefore desires to make a compact of peace, treaty, forever preventing the infliction of injury, and this is the way matters stand.
 But can this be pronounced other than a manifestation of extreme over-anxiety and the taking of unnecessary trouble? As to the case of the vessel which was involved in misfortune by those on board her, who brought the catastrophe upon themselves, this affair was verily of kind totally unexpected to us. As to vessels losing their course in fog at sea, or being driven in by stress of weather, these, and all similar dangers and disasters, concern human life; that this country will with fidelity rescue mariners and send them forward by land, as they desire, is recorded as our established law, enduring as the elements. In this we imitate Heaven’s fostering care of mankind, and make no discrimination between those nations which are remote and those which are near. Therefore it is that the local officials along the coast are, without exception, in a state of anxious concern day and night; and among these officials I am an unworthy one. With the spirits of heaven and earth watching above and about me, how dare I use empty or deceitful expressions? I only hope that his excellency will no longer be over-solicitous and needlessly trouble himself about these matters.
 Although you have not consulted about and settled any business, yet granted that you had done so, the results would have been to the above effect and nothing more. There is no need for a compact of peace, and friendly feeling will be naturally found in what I have above stated.
 Of what the unworthy officer writing has heard of as the discussions of the crowded halls of our court he has now made frank disclosure; yet, his own proper duties are limited to holding his jurisdiction or doing battle, and to these things only.
 A necessary reply. To the American Chief Secretary.

TUNG-CHIH, 10th year, 5th moon, 2d day, (20th June, 1871)

 
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