New-York tribune., 1900-08-27
MAY ATTACK THE ALLIES.
CHINESE FORCES GATHERING NEAR
PEKN-sTATE OF MARTIAL LAW.

that the delay n messages, both from and to
washington is rather between Che-Foo and
shanghai than between Tien-Tsn and PekinE
Fro-n Che-Too TO Shanghai the telegraph line is
IN control OF the Chinese authorities. and It is
suspected they are not so prompt in the trans
mission OF messages as they might be-
Late Il the day 3 dispatch was received at
.he Japanese Legation from the Foreign Of
Zee OF Japan conveying the latest and most au-
+ssuttc information OF the situation in and
around Pek.ng II & measure, the a6vtces were
n e dlsouiering nature, they indicated that
.ha Chinese had rallied their forces and were
rrepa-.ng for an attack upon the allies IN Pc
r.nr Z Il should prove that the allied forces
we're besieged n Peking It would account for
he lack Of EG-3ces from General Chaffee. AS
made public BY Minister Takahira. the dispatch
from the japanese Foreign Office at Toxic is
as follows:
Al official telegram, dated Picking. August Is.
as received 81 Toxic from General YsIna-
r-cti commander OF the Japanese forces. TO the
following effect:
The capital Is now entirely cleared OF the
Enemy 4 cavalry regiment which had been
se-r 10 Wan-Shau-Shan (where the Empress
imperial family, who had left Pektng on Au-
gust i, started after & short rest at Wan
shau-Shan. for the west, and were under the
escort of General Ma ana his troops, consisting
AZ c1ly about five hundred horsenen and
Treasury Department IN which over ZoOO,OOO
taels II silver and q large quantity OF rice were
found
Another telegraphic dispatch, dated Taku.
August q states that, the Chinese troops
and Boxers who had gathered At Nen-Yuen
were about 70 attack the foreign forces at
Pgktng, japanese and Russian cavalry were
expected 70 encounter them on August 20 The
dispatch further states that Chinese infantry,
some 5000 strong. with fifteen guns, are advanc-
Ing nor-hward from shan-Tung 10 make rear
artack OF the allies
BELIEF IN FORCES SAFETY.
= COPY OF the dispatch was trans1dtted TO
Acting Secretary Adee a. the Department Of
STATE. and BY him furnished 70 the President
While the news ot e possible rear attack upon
the comparatively small force Of the allies was
not received with surprise. Il generally was not
regarded as serious as the foreign forces
are believed TO be abundantly able 10 take care
Of themselves against any force Of Chinese
likely 70 De sent against them.
II the absence Of official information from
China or from United States officers here in
-e-est today centred in the diplomatic phases
of The existing trouble. The rumor Of e deciara-
ton Of war by Russia. Il IS explained, may have
grown out OF the operations OF the troops OF
the Gar n the protection ot the southeastern
frontier OF MS Empire. or II may have arisen
from the reported statement Of the commander
Of The Russian forces at Peking that his Gov
eminent was at war with China. and therefore
he must prohibit communication with the Chi
nese Neither the operations OF Russia on her
frontier nor the prohibition by e Russian gen
eraI Of Communication with the Chinese would
constitute. Il IS said. declaration Of war by
Russia No general. by a mere dictuEa could
declare war. Even his statement that his Gov
e-nrnent had declared war would not make II 60
declaration OF war II is pointed out by the
best authorities is Z perfectly distinct and OBJ
v.ous proceeding. II this country q declaration
q war nay be made only by Congress.
ACTION IN MEXICAN WAR
only once IN the present century has such
declaration been made namely, II 1872 against
Great Britain. War may exist actually between
-he United States and another country as was
The case between this country and Mexico
Without action by Congress. The Mexican war
had gone On So- fourteen months before action
was taken by Congress. Troops Of the United
States had invaded Mexico. and several i'm
po-tant battles had been fought, before Con
gress 70 insure the Legality Of the contest and
70 protect the rights Of the United States as
probable conoueror. declared that state Of war
had existed from date fourteen months prior
declare war against Spain. Il declared simply
that z state % war existed from specified
time
Among European nations the method Of pro
cedure is simple. but obvious. War is declared
hy them by edtct or proclamation. Il may be
declaration of way OF II may be official recog-
milton that state q war exists. In either case
the news of such action would be published 10
The world Immediately. Diplomatic representa-
tives = the Power making the declaration would
re informed instantly. in order that they might
communicate the Information 10 the govern
rnenrs u the countries 70 which they were ac-
credited The information 100, would be con-
veyed al once 70 the nation against which the
declaration was made IN turn. this nation
would inform its diplomatic representatives
abroad that they might govern themselves ac-
cordingly.
WITHIN three hours after the official declara-
Lor of Congress that The United States was at
way with the Kingdom Of Spain. the Spanish
Government mad on the wires an Identical note
70 AL governments 70 which II had accredited
representatives., informing them Of the existence
q state Of war between Spain and the United
States
MARITAL LAW May BE DECLARED.
TIE understanding among Washington Of
acieIs Of Russtz's action is that the Empire has
frontier IN q state Of siege. This Is altogether
different from z declaration Of war 1t CORE
spends 70 q declaration Of martial law by Great
Brttstn and n suspension OF the right Of
rsoeas corpus by the United States Il is the
Fupercessi7n Of civil by military authority. 1t
has no effect upon such treaties as may be in
force between the TWO countries. whereas
declaration Of war or q declaration thar a state
Of war exists would nullify all treaties.