Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1900-09-08
Of nations
n a state Is unable TO

Y }NNSE Y
HUI SAL AN, ADVISER OF THE EMPRESS DOW
AGER or CHINA.
protect the lives and safeguard the in
terests of subjects of foreign powers
the latter are entitled to afford protec-
ton by dispatching troops to such dis
turbed places with the object of help
ing the sovereign power to restore or
der within its dominions. But then a
question arises whether in the event of
the troops of the intervening powers
in the performance of that so called
police duty encountering opposition, In
stead of receiving assistance, from the
forces of such state and consequently
a regular warfare resulting between
the land and naval forces of both par
ties, that condition does not constitute
a state of war, though a formal decla-
ration has not been made by either
side. That such a condition exists in
the present case there cannot be a
shadow of doubt in the minds of well
thinking people and especially of those
acquainted with the usages of the law
of nations. In fact from the very day
the land and naval forces of the allied
powers were attacked by or attacked
those of China a regular state of war
existed according to the elementary
rules of international law. From the
moment the forces of the allied powers
dispatched to the rescue of their rep
resentatives and other subjects in Pc
king encountered opposition from those
of China. as in Taku and elsewhere. a
state of belligerency has been created
Notwithstanding the denals and the
conflicting statements made by the va
rious foreign secretaries of the allied
powers. Again, from the very day
that there was clear evidence Justify
ing the belief that the Chinese govern
ment was responsible for the Interrupt
ton of free communication between
the diplomatic agents of the foreign
powers and their respective govern
ments, from that very instant the en-
peror of China committed an unfriend-
ly act justifying the allied powers TO
consider the former as a belligerent
and take such measures as the circum-
stances required.
On the other hand, the Introduction
by Germany to the Chinese minister at
Berlin to communicate with his govern
ment. the prohibition of munitions Of
war destined to China by France and
other powers, not to say anything of
the peculiar declaration of the car that
the Chinese province of Amur lis to be
considered as being in state of war"
and similar other measures, would I'M
doubtedly constitute in ordinary cir
cumstances acts of war which no self
respecting sovereign state would have
tolerated for a moment. or this there
can be no doubt as far as the principles
of the law of nations are concerned.
But in their dealings with the sick
man either of the near or of the far
east the powers deviate usually from
that rule, though they solemnly admit
ted these Asiatic states-i. e.. Turkey
and China-into the so called family Of
nations.
And now what are in fact the
grounds upon which the allied powers
base their armed intervention? The
first reasons which prompted the
powers 10 resort TO Intervention Were
the imminent danger TO the lives of
their representatives and subjects re-
sulting from the so called Boxer trou.
bles in the capital Of the empire and
in some provinces.
The person of the envoy was con-
sidered sacred even In ancient times.
though examples of the violation of
that rule are not rare. But in modern
times all that has been changed and
the representatives Of state have
generally little reason to complain OF
the consideration they receive by most
of the governments of the civilized and
even uncivillzed nations. Not only the
person of the envoy is considered sa-
cred hut his residence. e.. the lega-
ton building. according 10 the fiction
Of exterritoriality. is held TO be as part
and parcel Of the territory of the for
eign state. Consequently any attempt
TO enter it forcibly Except in special
cases, such as the guilt of the envoy in
conspiring 10 overthrow the govern
ment to which he Is accredited, and