The Washington times., 1894-09-11
MIKADO'S MARTIAL SPIRIT
Japan's Ruler Will Personally Super
intend Operations Against China.
NEROSHTNAHIS HEADQUARTERS
1t Is as Near the Scene of HOsslitiss as It Is
Practicable for Him to Be-Aeting secrs-
tary of State Uhl Explains Important
Japanese Chinese Questions.

Atelegram was received at the japan sse
legation yesterday afternoon announcing that
the Emperor would take up his residence at
Neroshima on the 18th instant, and that the
headquarters of the army and navy would be
moved to that place from Toxic.
Neroshima is large town on the Inland
erto been used as the base Of operations for
the movement OF troops and supplies to Korea
and other points, and the action of the En-
peror in taking up his residence at that place
is interpreted to indicate his intention of per-
sonaIly experimenting active operations in
tilities as is practicable.
Mr.. Edwin T. Uhl, Acting Secretary OF
State, was asked yesterday for his views on a
letter published by Mr.. John Russell Young,
United States minister TO China during the
administration of President Arthur, in which
Mr.. Young asserted that by the delivery TO
the Chinese authorities of the two accused
japanese spies at Shanghai the American
flag had been humiliated.
Acting Secretary Uhl. in reply, went ex-
haustively into the subject and made full
and important statement respecting the limi-
tations on the United States in extending its
good offices 10 subjects of China and Japan
residing in hostile country. After promising
that Mr.. Young's official residence in China
and intimate acquaintance with the history
and limitations of extraterritorial jurisdiction
in that country would naturally carry much
weight, Mr.. Uhl said
"And yet Mr.. Young failed to infer the
necessary character of the instructions under
which our representatives in China and Japan
can alone extend protection to the subjects of
the other country during the suspension Of
diplomatic intercourse between the two gov
ernments. His statement that this govern
ment had solemnly promised TO protect as
we would American citizens the japanese in
China indicates misinformation or miscon-
lecture Of the essential nature Of those in
structions.
JURISDICTION OVER FOREIGNERS.
"The right to exercise independent iurisdic-
tion over foreigners in China and Japan rests
wholly upon treaty stipulations and the pro-
lection so conferred is an express conven-
tioDal grant 10 particular individuals and
cannot be expended to include others by as
similatIon. By reason Of the existing war be-
tween China and Japan diplomatic inter-
course was interrupted between the two gov
ernments and each requested of the United
States the interposition 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 now only be exer-
cised by our representatives at Toxic and
Peking as a friendly Office unofficially and in
a manner consistent with the position Of in
partial amity.
1.-The government of the United States
could not undertake TO bring the subjects Of
either power within the jurisdiction Of its
ministers or cOnsuls; nor would it be justified
in allowing its legations or eOnsulates TO be
made an asylum for those claimed TO be
offenders against the law of the local govern
ment. japanese subjects in China remain the
subjects of Japan as they were before hostili-
ties began, and must, of necessity. respond to
the law of China when charged with offense
against the same. SO with the subjects Of
China in Japan.
in fact, Mr. Uhl said, ''thls point was
perfectly understood when the governments
of China and Japan coincidently requested
the protection of the agents of the United
States for their respective subjects; and the
action of this government was necessarily
confined to instructing our ministers and con-
suls in those countries TO use their IN
official good offices with the assent OF the
government TO which they were accredited
in favor OF the subjects OF the other found
within its territory with express exclusion
of the assertion Of the right to entertain juris-
diction over them. In this way japanese
in China had precisely the same degree Of
friendly Intervention conceded in their behalf
as Chinese in Japan; and the japanese gov
ernment neither claimed nor expected its sub
jects in China TO receive any greater degree
of protection under the flag Of the United
States than it would recognize in favor Of
Chinese under the like protection in Japan.
OVERLOOKED THK FACT.
''In asserting as he does, that IF japanese
subject within the Shanghai jurisdiction was
charged with crime the consul general as a
judicial officer could have weighed the evil
denee and determined the Judgment the
learned eX-minister seems TO have overlooked
the fact that the judicial powers Of our minis
tiers and consuls in China and Japan are by
sections 1888 and 40S4, Re7ised Statutes, TO
be exercised only under the provisions of our
treaties with those countries. and only over
citizens of the United States therein and cases
in which our citizens may be parties.
cit may be noted incidentally that Mr..
Tsunejiro Miyaoka, Japanese secretary of Ie-
CATION at this Capital, In a recent interview,
speaking ofthe reported action OF Consul
General Jernigan, said that it was entirely
out of conformity with the Japanese inter
probation Of the authority and power of neu-
trail consuls in a belligerent country. and that
should Japan suspect any Chinese subject,
resident in Japan, of being openly hostile to
the Japanese government or believed that
justice warranted his arrest, Japan would not
recognize the jurisdiction of any neutral con-
sui over the suspect. And he.is reported as
saying in a still later interview: so far as
the United States are concerned this much of
its attitude towards the two countries is
clear-the protection which the United States
diplomatic and consular officers shall extend
to Chinese in Japan and to Japanesein China
cannot include consular jurisdiction.