The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-07-10
Tho state Department Is Right.

Some lawyers whose mental habit in
cllnes them to attach over-importance to
the uniformity Of technicalities are critics.
ing the State Department and the Mckinley
Administration for not assuming that a
state Of wal exists now between the United
States and China. For example, this cor
respondent In Boston:
ITO TEE EDITOR OF THE SUN-str: Your
readers may md II Interesting at this time, when the
great Powers are ooquetting with the war question,
70 read certain rulings Of The United States Supreme
Court In II. Black. oS5 prise casesl
"waI. I take Il. exists as a fact. and has for some
time existed between China and the allied Christian
nauons. II Is not a status 70 DO recognized BY iegis-
lation or Executive proclamation. although these may
and probably will follow.
what advantage there has been In dodging the
issus forced upon them. remains for the various Dab.
inets 70 explain.
They will certainly md no warrant for their hest.
taton either in the decisions Of their own tribunals.
ruling upon questions Of international Law, nor In the
writings Of such p~ublieists a, PHlLILMoRR, HEPv.
3 and HALL D. CHAUNCBY BREWER.
BOSTON. July o."
We are concerned only with the policy Of
our WI Executive. for the United States
Government is certainly not at present In
"alliance" with other Christian nations to
make war on the Chinese Government.
Our independence Of action was marked at
the time Of the bombardment OF the Taku
forts. Admiral KEMpFr held aloof from
that probably unnecessary proceeding and
perhaps fatal mistake.
Mr.. BREWER asks what advantage has
been gained by refusing TO assume the ex-
istence OF a state OF war.
We reply that the advantage gained has
been the possibility at all times. even up to
the present. Of the aversion Of actual war
with China later on; and the prosecution Of
measures for the relief Of our citizens in
China under conditions which, however
difficult. are certainly less difficult than
they would be in a recognized state Of
wal with that nation.
For war abrogates OF suspends treaties;
and our armed presence in China to-day for
the protection Of the lives Of our citizens
there Il legitimate wen In a technical state
Of peace because 1t is one Of the extra
territorial rights exercised by us under the
very treaties which formal war would alb
rogate or suspend.
1t IL quite as pertinent to ask what ad-
vantage there would be In assuming that we
are at war with China.
Merely the satisfaction Of the verbal def
nitions Of casuists: 1t would not change con-
ditions.
II war IL supposed to exist. against whom
Is that war supposed to be waged3
Not against the Chinese Government with
which we made our several treaties. We
have no evidence Of any hostile act or in
tention OF the part Of the Imperial Govern
ment We recognize.
Not against China. in loose general sense,
meaning the country or its total population.
There cannot be war" against a geo.
graphical entity. or an aggregate of human
beings with hundreds Of millions of which
We have no known cause Of quarrel.
II there is war. then. it must be against
certain ~riotous. criminal barbarians, who
have either overthrown the Chinese Govern
ment, with which W. are in treaty relations,
or have temporarily so paralyzed 1t that it
cannot prevent or punish an outbreak against
foreigners. But military operations for the
rescue or defence Of our citizens prosecuted
BY us under such circumstances no more
constitute war upon China than would the
pursuit Of Chinese pirates whom the
Imperial Government were unable to
suppress. The principle Of action in such
emergencies was first laid down nearly sixty
years ago in the Treaty Of Wang HIM
exemrtin- or citizens in China from the
jurisdiction OF the Chinese Government. "By
that treaty. " wrote CALEB CUSHING in ls44
to MIR. CALHOUN. the laws of the Union
follow its citizens, and ,ts banner protects
them. even within the domain OF the Chi
nese Empire" Again. In 1871, Secretary
BUCHANAN instructed Minister ALEXANDER
II. EVERETT rs follows:
when an attack Is threatened on a con sulate or
diplomatic agency In China, II Is the duty OF the
on,cers In charge IN give notice to the local authorl.
ties, and. In failure Il adequate aid, ub o1frs-s
may lake her dr'Hcs IN her ocn hand, The
Chinese Goycrnm Mt VIII ~a'ttrward be held liable for
any losses occurring from It's ne slect - give en- rien,
aid"
This right and duty to protect by armed
force in Chinese territory the lives and
property of our citizens there. in default of