中美洛案赔偿交涉考

Diplomatic Negotiations on the Rock Spring Case between China and USA:A Discussion

1885年洛士丙冷虐杀华工案发生后,中方一直坚持惩凶、赔偿和保护三个处理原则,其后又根据事态发展,将交涉重点集中到了赔款上。在赔偿交涉中,清政府始终坚持在国际公法下以外交手段解决中外纠纷的原则,驻美两公使苦心竭虑,不避繁难,有礼有节,不懈努力,终于获得美方14万元美金的赔偿,并藉此清理了其它虐杀华工的旧案,这是中国近代中外交涉中第一起通过外交努力获得外国赔偿的案例。但是,洛案的赔偿没有形成对受害华工损失的制度化赔偿,没有从国际法和国内法的角度形成对华工更好的保护,没有从根本上改变美国排华的社会舆论与社会意识,排华运动最终成为中美关系上一段极不愉快的记忆。

A three-dimension principle was adopted by the Chinese government while negotiating with the American government over the Rock Spring Case of 1885, including punishment of the murderers, compensation and protection of Chinese labours. With the development of negotiations, the emphasis of bilateral negotiations was gradually shifted to the aspect of compensation. While the Qing government insisted to resolve the dispute diplomatically in line with the international law, two Chinese ambassadors tried their best and worked very hard to have eventually secured the compensation of US $ 140, 000 from the American government, paving a way for clearing up other similar old cases. It was the first case in modem China that successfully secured foreign compensation through diplomatic negotiations. The compensation for the Rock Spring Case, however, did not bring the institutionalized compensation for the Chinese labour victims into existence. Neither did it protect Chinese labours within the framework of international law and home law, nor could it completely reverse the anti-Chinese public opinion and social consensus in local society. The anti- Chinese movement thus became one of the unhappy episodes in the Sino-American relations.