Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-09-11
JOHN RUSSELL YOUNG
His Letter on the Delivery Of Japan.
eSe Spies to China.
"0UR FLAG RUMILIATED. "
Acting-Secretary-of State Chl Shows that
the Ex.MInister IL MisinforIned or
Conjectures Wildly.


WASHINGTON, September lo.-The
letter OF Hon. John Russell Young, Ameri-
can Minister to China during the ad-
ministration 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 was shown to Actng-Secre-
tary-of-State Edwin F. Uhl. to-day He
said the communication, emanating from
MIR. Young, whose official residence in
China, and intimate acquaintance with the
history and limitations of extra-terri-
torial Jurisdiction in that country, would
naturally carry much weight.
And, yet" said Mr.. Uhl, 1.-The COM
munication itself fails to mention the
necessary character of the instructions
under which our representatives in China
or Japan can alone extend protection to
subjects OF the other country during the
suspension of diplomatic intercourse be-
tween the two governments. His state
ment that this government had solemnly
promised TO protect as we would Ameri-
can citizens, the Japanese In China, indi-
Gates misinformation or misconjecture of
the essential nature of those Instructions
The right TO exercise Independent juris-
diction over foreigners In China and Japan
rest wholly upon treaty stipulatlons, and
the protection so conferred is an express
conventional grant to particular individ-
uals. and cannot be expanded 10 include
others by assimilation.
by reason of the existing war between
nj 1fpiopna rio iDflrapnrga
was interrupted between the two govern
ments. 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 re-
lation to both parties was that of strict
neutrality, and, of necessity. protection
could now only be exercised by our repre-
sentatives at Toxic and Peking as
friendly office unofIicially. and in 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 con-
suls: nor would Ii be justified IN al
lowing its legations or consuletes TO be
made an asylum for those claimed to be
offenders against the law of the local
government japanese subjects in China
remain the subjects of Japan. as they
we're before hostilities began. and must
of necessity respond to the law Of China
when charged with offences against the
same. So with the subjects OF China in
Japan.
PRECEDENTS.
"In asserting to the request or Swift
zerland that the agents Of the United
States In China should afford protection
to Swiss citizens in the absence OF Hell
vetic representation there, our agents as
early as 1871 were instructed that they
could not take judicial cognizance OF
charges against Switzsrs. In circular
addressed TO the representatives of this
government in foreign countries by the
Department of State on the 18th Of De-
cember. 1874, appeared the following:
"'YOu are Informed that you are not
expected to become diplomatic or con-
suar officer 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 offices in behalf of
any Swiss in your vicinity who might
request them, in the absence OF diplo-
matte or consular representative of Swift
zerland anu with consent of the authori-
ties OF the country wherein you reside
AN instruction to our Minister In
China. dated July %. 1872, contained the
following:
"'The protection referred to must neces-
sarily be confined TO the personal and
unofficial good offices of such functional
ries. although when exercised to this ex-
tent merely. this can properly be done
only with the consent Of the Chinese
Government
In fact" said Mr.. Uhl. "this point
was perfectly understood when the gov-
ernments of China and Japan cOincldently
requested the protection of the agents of
the United States for their respective
subjects: and the action OF this govern
ment was necessarily confined to in
structing our ministers and consuls in
those countries to use their unofficial
good offices. with the assent Of the gOv-
ernment 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 jurisdiction 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 Government
neither claimed nor expected it's subjects
in China to receive any greater degree
Of protection under the flag OF the United
States than IL would recognize I'm favor OF
Chinese under the Ike protection in
Japan.
MR.. YOUNG HASTY.
'In asserting. as he does that If a
japanese subject within Shanghai's jurs-
diction was charged with crime. the Con-
sul-General. as a judicial officer, could
have weighed the evidence and deter
mined the Judgment eXMinister Young
seems to have overlooked the fact that
the judicial powers Of our Ministers and
Consuls In China and Japan are, by Sec
tions 1853 and 1854 of the Revised 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.
1T may be noted incidentally that Mr.. |
'Tsuneiiro Miyaoka, japanese Secretary of |
Legation at this capital. in a recent IN |
terview. speaking Of the reported action |
of Consul General Jernigan, said that IL |
wa.s entirely in conformity with the |
japanese Interpretation of the authority |
and power OF neutral Consuls in a bel !
ligerent country, and that should Japan |
suspect any Chinese subject resident Ill |
Japan OF being openly hostile To the |
japanese Government, or believe that JUS
tice warranted his arrest, Japan would |
not recognize the jurisdiction OF any heu- |
tral Consul over the subject. And in a |
stiu later interview he is reported as |
SAYING: so far as the United States are |
this much Of It's attitude to- /
wards the two countries is clear-the |
protection which the United States dlplo' !
matte and consular officers shall extend /
TO Chinese in Japan and to japanese in !
China cannot include consular jurisdic- |
ton
utrNnlAtN CitODCD.