The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-10-09
FRANCES CHINA NOTE
RELIES THERETO THE PENDING PHASE
OF THE SITUATION
CONSTITUTIONAL QUESTIONS
Involved In Some of Frances Propo-
sffions Which Will Require Sanction
of Congress-No Direct Answer Yet
Made to Germany's Last Note-Posi-
tien Taken That China is Not Bound
by International Law-sea-fhing for
Imperial Porcelain in the City


Imperial Porcelain in the City
Washington, October 6.-The Amer
icar answer 10 the French note, which
is the pending phase Of the Chinese
Negotiations to be disposed of, has been
pretty We'll defined, although it will
remain for the return of the president
and meeting of the cabinet 10 give
the answer formal definiteness. Inti-
nations have been conveyed to some
of the foreign representatives that this
govtrment may not be able TO concur
in the interdiction of the import of
arms into China and also that there
may be serious constitutional reasons
requiring at least two of the French
proposals to be submitted to the Amer
| lean congress before they can be act
| ed UPON affirmatively. These two lat
| ter propositions relate TO the establish
ment of a permanent legation guard
in Pekin, and to the permanent main
| tenasrce of a line of communication
| from Pekin to the sea.
The permanency of these plans APP
pears to involve a possibility<of ter
| ritorial occupation, though of a limi-
| ted character, both at Pekin and along
| the road from Pekin to the sea, and 1t
| is understood that even if these moves
| were regarded with favor by the exef-
utive branch, there would he constitu-
| tional reasons making it desirable to
| submit them to congress. This idea
| has been put forward only in a tenta-
| tive way, as indicating to foreign rep
| resentatives some of the questions
| ;nI JHn ro1yn INT
count in giving an answer TO the
French note.
The news which the United States
| government has received OF the pur-
pose of the Chinese imperial court TO
| take up Its abode at Tsingan Flu in the
province of Shensi comes from Jap
| anese official sources, but so far there
has been nothing from the Chinese Of
! ficials to show that the movement has
| taken place. The state department
has put forth all of it's efforts to bring
| about an abandonment of the project.
| However, it is now conceded that the
presence of the emperor and empress
in Pekin is not absolutely necessary
| to the attainment of a satisfactory and
| permanent settlement of the Chinese
| trouble, though it is undoubtedly true
| that thier return would hasten the
settlement.
JAPAN TROOPS WITHDRAWING.
Pekin, October 2, via Tien Tsin, Oc-
| tober 3, and Shanghai, October 6.-Tne
Japanese retrograde movement has
| begun and Japan's forces in China are
being rapidly reduced. 1t is officially
| stated that half of the army will re-
| turn to Japan. Several Japanese
trains, said to contain lot of treas
ure, have departed from the city. The
japanese assert that the trains con-
| tain ammunition.
NH Il
a party of Pekin Chinese for selling
ammunition to the Boxers
| The Americans are making a search
| of the forbidden city for the imperial
porcelain collection, not for loot, but
| merely for the purpose of examining the
| collection.
| Berlin. October 6.-Public attention
| in Germany was occupied to an unus-
ual degree this week with the Chinese
situation. The newspapers INDUCED in
a lengthy discussion of the view that
the question seems approaching a set
tlement. A feeling of general salts
faction has been causd by the French
| note, the contents of which were only
published here today. 1t receives cour-
| teous treatment, but is considered to
contain matter that can wait. A for
eign official discussing the French
note with a representative OF the AS
sociated Press today expressed the
| view tha the prohibition OF the impOT-
tation of arms to China should be in
definitely prolonged and also held that
the military guard be maintained at
Pekin by the unanimous consent of the
powers should remain for an indefinite
period. He also said that since the
powers now hold the Taku fortifica-
tions, the question of their demolition
is not pressing, for they can be demol-
| ished at any time. Regarding in
demnities, the informant of the Asso-
cia ted Press said there was no differ
| oGce of opinion on the question of the
principle which will prevail though
the details will require discussion.
Certain newspapers criticise the
! omission of the word international
in NJ. del Cases proposal of a perma.
nent military occupation of the district
between Pekin and Tien Tsin, express
ing the opinion that the omission indi-
Gates that Russia will insist upon sole
proprietary rights to the district, upor
the ground that her administration OF
! the railroads justify it.
, While the latest German note has
apparently, not yet been formally an
swered by any one of the powers, th'
| foreign office here has been Informed
that they all agree to it.
CHINA NOT BOUND BY INTERNA
TIONAL LAW.
It is interesting, at moment wher
, the powers are exercising comfy TO-
wards China, to note that Professo,
Jellinik, professor Of international Law
[ at Heidelberg, shows in a law journa
that relations. according to information
{ | al law. between China and the power.
do not exist, since China has neve
voluntarily recognized the obligation.
of international law.
The latter presupposes the equalit,
| Of the states, whereas the Chimes.
theory is that the other states ar,
vassals of the emperor of China Tn,
fact that China has been forced {,
| permit ministers Of the powers to re
side at Pekin does not change the situa
: ton. The ministers merely enjo,
breach of treaty rights. The Chimes.
5 upon the ministers was merely
| breach of treaty rights. The Chimes
! are utterly in ignorance of the idea o