The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-09-11
NO STAIN ON THE FLAG.
The United States Consul in Shanghai
Acted Properly and Regularly.

] csc 2uDJ5CLS3 puE nave NO JOflSOlc-
ton in Gases Against Them-Au-
thorities and Precedents Cited by
the State Department.
Washington, Sept 10.-The letter of
Hon. John Russell Young, American min
lister to China during the administration
of President Arthur, giving his views
concerning the delivery to the Chinese
authorities of two accused japanese
spies at Shanghai, and insisting that
thereby THE American flag had been
Inundated, 90 was shown to Acting Secre-
tary of State Edwin f. Uhl to-day
He said the communication emanting
from Mr.. Young, whose Official residence
in China and intimate acquaintance with
the history and Limitation of extraterri-
torial jurisdiction in that country, would
naturally carry much weight. And yet"
said Mr. Uhl, 1.-The communication itself
fails to infer the necessary change of the
instructions under which our representa-
tives in China and in Japan can alone ex-
tend protection to the subjects of other
countries during the suspension of diplo-
matte intercourse between the two govern
ments. His statement that this govern
ment had solemnly promised to protect
as we would American citizens,
the Japanese in China indicates
transformation or misconjecture of the
essential nature of those instructions.
The right to exercise Independent juris-
diction over foreigners in China and
Japan rests wholly upon treaty stipula-
lions and the protection so conferred is
an express conventional grant to particu=-
lar individuals, and cannot be expanded
to include others by assimilation. BY
reason of the existing war between
China and Japan diplomatic intercourse
was interrupted between the two govern
menJs, and each requested of the United
States the interDositiOn of its good
Offices for the protection of the
subjects of each in the territory OF the
other. Our relation to both parties was
that Of strict neutrality, and of necessity
protection could only be exercised by our
representatives at Toxic and Pekin, as to
friendly ofices, unotncially and in a man
ner consistent with the position of i'm
partial amity. The government of the
United States could not undertake to
bring the subjects of either
power within the Jurisdiction of
its ministers or cousuls, nor would
it be justified in allowing its legations or
consulates to be made an asylum for those
claimed TO be Offenders against the law
of the local government Japanese sub
! lects in China remain the subjects of
! Japan as they were before hostilities be-
gan, and must of necessity respond to the
law of China when charged with odenses
( against the same. So with the subjects
of China in Japan.
In asserting to the request OF Switzer-
land that the agents of the United States
in China should afford protection to
Swiss citizens in the absence of Helvetic
representation there, our agents as early
as 1871 were instructed that they could
not take judicial cognizance of charges
against Switlers. In a circular addressed
to the representatives of this gov
eminent in foreign countries by
the department of state on Dec
Is, 1871, appeared the following:
expected to become a diplomatic or
consular othcer of the Swiss republic
which is prohibited by the constitution of
the United States to officers of the United
States who are citizens The intention is
that you should merely use your good Off
ces in behalf of any Swiss i'll your vicin-
ity, who might request them in the alb
sence Of diplomatic or consular repre-
sentative of owitIer and, and with the
consent of the authorities wherein you re-
side
AN instruction to our minister in
China dated July %, 1872, contained the
following: The protection referred to
must necessarily be confined to the per-
sonal and unofficial good Offices of such
functiOnaries, although when exercised
to this extent merely this can properly be
done only with the Consistent of the Chi
nese government.
I'm fact" said Mr.. Uhl, this point
was perfectly understood when the gov
ernments of China and Japan coinci-
IDENTIFY requested the protection of the
agents of the United States for their re-
spective subjects, and the action of this
government was necessarily confined to
instructing our ministers and consuls in
those countries to use their unofficial good
Offices with the assent of the
government to which they were
accredited in favor to the
subjects of other countries. with
III express exclusion of the assertion of
the right to entertain Jurisdiction over
them. In this way, Japanese in China
had precisely the same degree Of friendly
Intervention conceded inltheir behalf as
Chinese in Japan and the japanese gov
| eminent neither claimed nor expected it's
subjects in China to receive any greater
degree Of protection under the flag of the
United States than ii would recognize in
favor of the Chinese ana like protection
in Japan. In asserting as he does
that If a Japanese subject within the
Shanghai Jurisdiction was charged with
crime the consul general, as a judicial
onicer, could have weighed the evidence
| and determined the ludment," EX-Min-
lister Young seemed TO have overlooked
the fact that the judicial powers Of our
ministers and consuls in China and Japan
are by sections 1888 and 1854 of the Re
vised Statutes to be exercised only under
the provisions of our treaties with those
countries, and only over citizens of the
United States therein and in cases in
which our citizens may be parties.
il may be noted incidentally that Mr.
Tsunenro Miyaoka, japanese secretary of
legation at this capital. IN a recent inter-
view, speaking Of the reported action of
Consul General Jernigan, said that it was
entirely in conformity with the japanese
Interpretation Of The authority and power
of neutral consuls in belligerent coun-
try, and that should Japan suspect any
Chinese sub ect, resident IN Japan OF being
openly hostile TO the Japanese government
or believe that justice warranted his ar
rest, Japan would not recognize the iuris-
diction of any neutral consul over the
, sub ect And In a still later interview he
is reported as saying; $50 far as the
United States are concerned, this much
OF its attitude towards the two countries
is clcar-the protection which the United
States diplomatic aud consular officers
shall extend to Chinese In Japan, and 10
japanese in China, cannot include con
euIur it1riedfrffou %