No. 169.
Mr. Fish
to Mr. Henderson.
Washington, September 4, 1874.
Sir: Your No. 40 of the elate of July 11 has been received.
Referring to my No. 20, addressed to you under date of 29th of August last, I need not further discuss the questions therein treated.
[Page 345]While the Department appreciates the earnestness and sincerity of your purpose, and approves of the vigilance manifested by the representatives of the Government in enforcing the laws for the maintenance of the neutrality of this Government and of its citizens, in case of war between other powers with which the United States may be at peace, or in case of insurrection within the jurisdiction of a friendly power, care should be observed that the representatives of the Government do not themselves transcend the limits of the laws, or assume powers not granted to them.
Your notification of the 16th of June, of which a copy accompanies your dispatch, is open to many of the objections stated in my No. 109 to Mr. Seward, accompanying my No. 20 to you, to the notification therein referred to.
It threatens “arrest and trial for violation of the laws of neutrality.” Neutrality implies the existence of a state of war.
This Government is not advised of the existence of war between China and Japan. If such condition exists, and a notice or proclamation be called for and justified, it should itself be impartial and warn against unlawful aid to either party belligerent, and not threaten penalties only against those who may transgress on one side.
The Department is not in possession of the authority by which you issue the notification of June 16, “by instruction from Hon. S. Wells Williams, United States chargé d’affaires, Peking.”
In the instruction No. 109 the power of the minister in Japan or in China to issue writs in maintenance of the neutral obligations of this Government was referred to, and the exclusiveness of that power in the minister was noticed.
I am, sir, &c.,