expedition. These officials have been fully told that until there has been a declaration of war, it is difficult for foreign nations to take any decided action in respect to this quarrel; and until something has been done by them, or the opposing forces of the two nations come to actual blows, our countrymen may plead that in aiding the Japanese they are not violating the neutrality act, nor any provision in the treaty of 1858, or the act of June 22, 1860. Whatever ideas the Chinese and Japanese may have about international obligations and rights, and however they may conduct their negotiations in relation to this invasion of Formosa, we must have regard to our own usages. The fact of a state of war must be tested by a formal declaration from one side or the other, or by the commencement of fighting between their opposing forces; and until this has been done, it may be urged that the provisions of the twenty-fourth section of the act of June 22, 1860, do not apply, and that the Americans in the service of the Japanese did not enlist "to make war upon any foreign power with whom the United States are at peace." Their enlistment might lead to complications, but as they are at liberty to enter that service, the point where it becomes a violation of neutrality and treaty rights depends on the action and declaration of the two chief actors. The arrival of the Japanese minister in Peking this week brings the parties into closer relations upon the management of this affair, and they may soon arrange it peaceably, if rumors are at all to be relied on. I am, &c., [Inclosure 3 in No. 811.] Mr. Shinagawa to Mr. Seward. S. WELLS WILLIAMS. HIS IMPERIAL JAPANESE MAJESTY'S CONSULATE-GENERAL, SIR: You have doubtless been informed that General Charles W. Le Gendre, a citizen of the United States and late United States consul at Amoy, who was engaged by the Japanese government through the United States minister in Japan, in December 1872, in conformity with the terms of Article X of the treaty of 1858 between Japan and the United States, to serve in the department of foreign affairs at Tokei as an officer of the second rank, who lately came to China as His Imperial Japanese Majesty's special commissioner, was on the 6th day of August, 1874, forcibly taken before the United States consular court at Amoy by United States marines landed for that purpose from the United States steamship Yantic, upon unknown charges, and in virtue of a warrant issued by the United States consul at Amoy, while he was in Amoy on his way to Foochow and Shanghai on business connected with his mission; that on the day following the Hon. Charles W. Le Gendre was, against his will, again brought before the United States consular court at Amoy, when for the first time he was verbally made acquainted with the charges made against him; that from that date until the 13th instant he was forcibly detained at Amoy by the United States consul, and was thereby rendered unable to discharge the duties intrusted to him by His Imperial Japanese Majesty; that on both occasions he notified the United States consul that he yielded only to force, which he was unable to resist, in suffering the violence and detention to which he was subjected; that he strongly protested against these proceedings with the United States consul at Amoy; that Mr. Gosheki, His Imperial Japanese Majesty's acting consul at Amoy, found it his duty to himself protest in the most formal and solemn mauner against these acts of violence toward His Imperial Japanese Majesty's special commissioner, as being a manifest infraction of the rights of nations, and contrary to the privileges and immunities which commissioners enjoy in civilized countries, although such officers may not always be vested with the character of public ministers; that on the 13th day of August, 1874, the United States consul informed Mr. Gosheki that Mr. Le Gendre was arrested by him in the United States consulate upon a charge of advising, aiding, and abetting an expedition in hostility to the government of China in violation of the laws of the United States and their treaty with China; and that he had informed Mr. Le Gendre that in so doing he was acting under instructions from the United States legation at Peking. In the afternoon of the 13th instant the Hon. Charles W. Le Gendre was sent to Shanghai in charge of the acting clerk of the United States consular court of Amoy, and upon his arrival at this port, a paper purporting to come from you was read to him by the marshal of the United States consulate-general, from which he was given to understand that he had been released from arrest by order of the minister, and that there would be no occasion to hold him for trial on the charge preferred against him by the consul at Amoy. The circumstances of the arrest and detention of General Le Gendre being now the subject of correspondence between the governments interested in the affair, I beg that you will have the goodness to furnish me, for the information of His Imperial Japanese Majesty's government, with a copy of the paper read to him by your order on his arrival at Shanghai, as stated above, if possible before the departure of the mail for Japan. I take, &c., [Inclosure 5 in No. 811.] Mr. Seward to Mr. Phoenix. E. SHINAGAWA. UNITED STATES CONSULATE-GENERAL, SIR: Upon the arrival at this port of the British steamer Arratoon Apcar you will proceed to that vessel, if the hour shall be suitable, receipt to the marshal of the Amoy consulate for General Charles W. Le Gendre, and say to General Le Gendre that the instructions from the legation do not require a prosecution in his case, and that he is discharged from arrest. And this shall be your authority for so doing. [Inclosure 6 in No. 811.] Mr. Seward to Mr. Williams. GEORGE F. SEWARD. No. 386.] UNITED STATES CONSULATE-GENERAL, SIR Referring to my dispatches No. 383 and 385, and the additional telegrams given herewith, I now transmit to you a copy of a dispatch which I have addressed to the Department of State in the matter, (No. 797.) As it would seem difficult and expensive for me to take jurisdiction in the matter, I am disposed to send Le Gendre to Mr. Mangum, at Nagasaki, and in case no objection to taking this course occurs to me I shall do so. You will understand the difficulties of the situation, and will, I hope, approve my whole course in the case. SIR: Referring to my dispatch No. 387, I have now the honor to report that General Le Gendre arrived at Shanghai on the 16th instant, and was at once released from arrest upon an order given by me. The consul-general for Japan at this port has written to me two letters, asking for a copy of his order of release. I inclose copies of his letters, and of my responses, and as well a copy of my order. I presume that the anxiety to possess this document is induced because it indicates that my instructions from you do not require a prosecution of General Le Gendre, while Mr. Henderson appears to have stated that his arrest was in pursuance of your instructions. Mr. Henderson may very well have supposed that my first telegram to him was based on late advices from you, especially on the advice expected in response to his report of the service of the warning to leave the Formosa expedition upon Messrs. Cassel and Wasson. I inclose herewith a copy of a protest made by General Le Gendre before the consular court at Amoy. I may revert to this matter at a later date. I am, &c., GEORGE F. SEWARD. [Inclosure in 7 in No. 811.] should he be found You are hereby instructed and empowered to arrest within your jurisdiction, and to detain him in custody until he shall have given to the United States of America a bond, with sufficient sureties, in the penal sum of such bond to be upon the condition that the said shall not, within from the date hereof, take part, directly or indirectly, in any hostilities between the empire of China and the empire of Japan; and that he shall not, during said period of aid or assist in any manner or degree one of the said empires, or any portion of the people thereof, in setting on foot or prosecuting any hostile expedition or operation against the other of said empires, or any portion of the territory or people thereof. Given [Inclosure 9 in No. 811.] No. 7464.] UNITED STATES CONSULATE GENERAL, SIR: I have received your letter of yesterday. As the matter of the arrest of General Le Gendre is stated by you to be the subject of correspondence between our respective governments, I will transmit a copy of the order upon which he was released to Washington. I have, &c., GEORGE F. SEWARD. [Inclosure 10 in No. 811.] Mr. Shinagawa to Mr. Seward. HIS IMPERIAL JAPANESE MAJESTY'S CONSULATE-GENERAL, Shanghai, August 19, 1874. SIR: Your dispatch of to-day has been received. From it I understand that you are unwilling to furnish me, for the information of His Imperial Japanese Majesty's government, with a copy of the order on which General Le Gendre was released, but that you will transmit the same to Washington. Before I inform our minister at Peking of your decision, I have to request whether you will have any objection to let me have a copy for his use. I am, &c., [Inclosure 11 in No. 811.] Mr. Seward to Mr. Shinagawa. E. SHINAGAWA. No. 7469.] UNITED STATES CONSULATE-GENERAL, Shanghai, August 19, 1874. SIR: I have had the honor to receive your dispatch of this date, and as I learn from it that you are referring the case of Mr. Le Gendre to your minister at Peking, I have to say that in due course the order of release referred to will be transmitted to the United States legation in that city. I am, &c., No. 169. Mr. Fish to Mr. Henderson. GEORGE F. SEWARD. No. 21.] DEPARTMENT OF STATE, Washington, September 4, 1874. SIR: Your No. 40 of the date 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. 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. 409 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. 409 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., No. 170. Mr. Fish to Mr. Williams. HAMILTON FISH. No. 184.] DEPARTMENT OF STATE, Washington, September 8, 1874. SIR Referring to my No. 179, I transmit herewith for your information and guidance a copy of a dispatch* of July 11, 1874, from J. J. Henderson, esq., our consul at Amoy, transmitting a copy of a proclamation issued by him on the 16th of June, 1874, and correspondence relative to the participation of citizens of the United States in the Japanese expedition to Formosa, and a copy of my reply of the 4th instant, No. 21. I am, &c., HAMILTON FISH. No. 186.] No. 171. Mr. Fish to Mr. Williams. DEPARTMENT OF STATE, SIR Referring to your dispatch of July 7, No. 44, relating to the joint trial at Chifu of persons who attacked Mr. Corbett, an American mis * See correspondence with Mr. Henderson, ante. sionary at Chimi, I take pleasure in stating that your course in relation to the matter is regarded by the Department as prudent and fair, and that Mr. Sheppard has the cordial approval of the Department for the firmness and discretion displayed by him in conducting the case. SIR: The Department has received your dispatch No. 797, dated August 11, 1874, in reference to the arrest of Colonel Le Gendre, late consul at Amoy, and to which is annexed the telegraphic correspondence between Mr. Henderson, consul at Amoy, and yourself upon the question. The Department is not advised of the termination of the proceedings, nor whether General Le Gendre has been held for trial, or what course has been finally adopted. It does not clearly appear to the Department that a state of hostilities exists between China and Japan, nor is the Department precisely informed that General Le Gendre had actually accompanied the expedition to Formosa, nor whether he had committed any act within the jurisdiction of the consul at Amoy, or of any other consulate, for which he could be arrested and brought to trial, nor is the Department advised of the precise offense charged against him, and for which the arrest was made. În the absence of information on these points, and particularly in the absence of information concerning the precise charge made against General Le Gendre, and the proof supporting it, and of the authority to make the arrest, the Department withholds its approval and any expression of opinion. It is therefore desired that a full statement upon all these particular points be furnished, with details of the various steps and present position of the case. The Department has had occasion to refer to these general questions growing out of the Formosa expedition in a late dispatch. I am, &c., J. L. CADWALADER, Acting Secretary. No. 173. Mr. Cadwalader to Mr. Seward. No. 420.] DEPARTMENT OF STATE, Washington, October 20, 1874. SIR: The Department has received and read with interest your No 798, in reference to telegraphs in China, and your efforts in that direction, and to which you attach a correspondence between yourself and several consuls, with a draft of a proposed agreement between the provincial authorities at Foochow and the Northern Telegraph Company. The Department approves your general efforts and the general efforts of the consuls of the United States in China to promote the establishment of telegraph lines, and the general policy of inducing the author |