The Florida star., 1900-09-07

secretary Hay, In his dispatch OF July
30th last 10 the Chinese government,
well observed. free communication Is
demanded as a matter OF absolute
right and not as favor, and the Chi
nese government. possessing the power
TO give such communication. puts itself
In an unfriendly attitude by denying
It." rf
Another question arises whether the
powers would have been justified In
sacrificing tie lives or their represent
atives. even il IL were certain that the
Chinese government would have put
their ENJOYS in case the forces OF the
allies should advance toward the Celes-
tian capital. In short. can a state
waive its treaty or other rights simply
because another power threatens 20
put to death the representatives OF the
former in order TO compel such state to
accept its views? a
This question may be safely answer.
ed In the negative. Notwithstanding
the certainty OF the sacrifice OF the
lives OF the ENJOYS. Between sacrific-
ing the interests of the state in general
and that OF certain of its subjects. no
matter how exalted the position which
they occupy and how precious their
lives may be. the choice would un-
doubtedly fall To the latter
1t may be again asked whether the
allied powers would have been justi-
fed under the circumstances In retail
iatlng or, TO adopt the technical express
sion, in resOrting TO reprisals against
the very persons of the Chinese diplO-
matte agents abroad. In a word. can
the various governments in their turn
imprisOn. maltrcat or massacre the
Chinese representatives in the event OF
Its being proved that the central au-
thorities ut Picking were guilty OF pre-
venting the ENJOYS from commitment
Ing with their governments and of ap-
proving or cOuntenancing such acts
committed by insurgents or its subOr-
dinate authorities Now as TO the first
Il. g.. Imprisonment. interruption OF
free communication and the like-some
modern authorities or the law OF na-
tlOns seem TO favor such reprisals aS
measure not Incompatible with the
principles of Justice. Among them
the eminent continental writer Blum
schll sanctions such n proceeding in
order, as he says. TO show TO the other
party the injustice OF its own conduct.
The same authority and Phillimore,
among others. consider that such acts
as above described committed against
the person of an envoy are of interna-
tiOnal concern and that they may be
treated as an OffenSe against all na-
tlons and in general II violation OF the
rules Of International law.
The other ground OF Intervention as
above alluded To is the lack OF prOtcc-
tiOn afforded by the Chinese govern
ment TO foreign subjects in general
and the consequent massacres OF nu-
merOus missionaries and others. When
state is either utterly incapable of
extending or unwilling 10 afford its
protection To aliens who reside in her
territory by virtue OF treaty right or
otherwise, the powers whose subjects
have been maltreatcd are entitled To
take all measures in order 10 save the
lives OF their citizens and even declare
war should such measures not appear
TO be effective. But SuppOsing the pco-
pie who have been 50 i'll treated are
subjects OF that very offending state.
but are connected with the foreign
powers by the similarity of faith. il
may be- asked whether in such Il case
the foreign powers would have any
right To intervene in the internal af-
fairs of such state. In word. if the
Boxers or the Chinese in general were
limiting their sphere Of action 10 tn"
massacre of Christian Chinese only. aS
the Turks did during their last exploits
with the ArmenianS. could the allied
powcrS resort To intervention?
Intervention on grounds of religious
persecution is not sanctioned 10y the
ma jOrity Of the authorities on intcrna-
tiOnal laws unless such persecution de-
generates into maSSacrcS and such acts
Of vandalism. ON the other hand.
many ancient ana modern writers AL
vocatc Intervention on grounds of hu-
manity independently uf any racial
atliniticS or religious connections. Gro
titus is of opinion that when il state
violates the laws of humanity il is
not only the right but the duty Of the
other states To punish such guilty