266 DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



Uth minlatar who successfully opposed the attempt 

 to inflict upon tlio duties of neutrality a consu 

 limiting neutral commerce. Now, however, appear 

 the neutrality rule* of the Washington treaty, and, 

 till more, the material tendency ot this latter to be 

 directed toward producing limitation and excessive 

 responsibility on the part of neutral* ; also, they aro 

 in full contradiction to the moat recent development 

 of iutcrnatioual law ; wherefore a universal acknowl- 

 edgment appeara that the leading idea* founded in 

 the Waahington treaty may be oonaidered i:<>*. only 

 as an obstacle to the suitable, natural, further devel- 

 opment of maritime law, but even aa contributing to 

 retrograde movement therein. The want of confi- 

 dence against aueh a reform of maritime law can 

 only be confirmed through the fact that the Ameri- 

 can* are willing immediately, by the first practical 

 application of the new rules of law, to draw thence 

 the eonaequenoes in as comprehensive a degree as 

 possible. In justification of the new formula of the 

 duties of neutrality, certainly various arguments 

 may bo brought forward ; for example, the clearer 

 the rules upon neutrality duties may bo, so much 

 the fewer will be the points of controversy, BO much 

 less occasion for dispute. The more regulated the 

 conduct to be observad by neutrals, so much the 

 easier is it for the government in question to hold 

 their citizens to a cls observation of neutrality 

 duties. The more precisely these duties are defined, 

 to much more successful will be the defense against 

 anv accusation brought by one or the other of the 

 belligerent parties, or favoring the other belligerent 

 party, etc., etc., etc. These, and similar arguments, 

 dj iiot, however, meet the actual marrow of the 

 question. The close limitation of the circle of the 

 right* and duties of neutrals possesses, certainly, 

 neat formal value for promoting a Icng duration of 

 friendly international relations, but it appears im 

 portant that this should not take place in such a 

 manner as would Increase to an intolerable degree 

 the responsibility of neutrals, and almost wholly 

 forbid proper commercial communication with bel- 

 ligerent states. Should the dangerous ground of a 

 mmute limitation of neutrality duties bo onee trod- 

 den, there would, in consequence of the national 

 tendency of each close definition of rights, constant- 

 ly new points for a further limitation of neutrals ho 

 found In the experience of every new war. One 

 point of view should alwavs, therefore, be held 

 firmly: the endeavor to decisively dissent from 

 every transformation of international principles 

 which does not exist in the natural development of 

 International right. 



The powers would have the more reason for taking 

 Into serious consideration the theories upon neu- 

 trality accepted by England and America, and in- 

 tended for adoption by all maritime powers, inas- 

 much as the penalty sanction, which the Government 

 of the United States, at least according to the theory 

 wishes to incorporate into the new law, is certainly 

 a monstrous one. 



a. A settlement of "the audience 

 question" has been urged upon the Chinese 

 Government for the last twelve years by for- 

 eign ministers. It is n demand for an audience 

 of the Emperor, in accordance with the usages 

 of Western nations, and is repulsive to Chinese 

 notions of propriety. Such a concession, it has 

 ben supposed, would be regarded by all classes 

 as an assault upon their political, moral, ami in- 

 tellectual position, opposed to all the teachings 

 heir histories, classics, and general litrra- 

 ture, and contrary to their popular beliefs and 

 I'lii'ei. through all of which the native 

 mind has become thoroughly possessed of the 

 idea that the Emperor is the Son of Heaven, 

 and consequently without an equal on the 



earth. If this estimate is correct of the fail- 

 ings and prejudices of the Chinese concerning 

 the "infallibility" of their sovereign, it logi- 

 cally follows that all other nations must of ne- 

 t y be regarded as inferior to their own. 



Tliis deep-rooted faith being uni\ 

 throughout the empire, it is clear that the 

 equality of other nations, which the tn 

 recognize, is so only in name ; therefore rela- 

 tions between China and other nations rest on 

 an insecure foundation. 



Until the native mind can be freed from the 

 belief that all "outside states'' are inferior, 

 there can be no real relations of peace and 

 amity between China and Western nations. 

 Nothing that could be done would have the 

 effect to dispel these erroneous beliefs as some 

 act of the Emperor, which would in itself be 

 a recognition of equality. 



It is in this view alone that importance has 

 been attached to the proper settlement of the 

 audience question at the earliest time possible. 



On June 30, 1878, Mr. Low writes to Mr. 

 Fish, the Secretary of State, that this question 

 has been settled. 



PEKING, June 30, 1^73. 



SIB: I have only time before the courier leaves to 

 write a hasty note to say that the foreign ministers 

 were all rece'ived at a personal audience of the Em- 

 peror yesterday, in a manner which will, 1 trust, bo 

 satisfactory to foreign governments. 



The practical solution of this question, one that 

 has at different times occupied the utti-ntion of sev- 

 eral European governments during the last one 

 hundred and fifty years without reaching a result at 

 all satisfactory, is a cause for congratulation. This 

 distinct recognition of the equality nf Western na- 

 tions will, I trust, be productive of the KM i 

 in the future; and, while its good cfl'eets may not bo 

 seen immediately, I shall bo much disappointed i!' 

 foreign nations do not dote a " new departure " in 

 their relations with China from yesterday. 



GERMANY. The liability of Germans natu- 

 ralized in the United States to be compelled to 

 do military service upon their return to their 

 native land was a cause of great embarrass- 

 ment to largo numbers. It was considered 

 that there was no chance for the success ,,f 

 negotiations for the removal of those liabilities 

 so long as the question moved within the limits 

 of the North-Gorman States, and the relief 

 asked for appeared only as an exceptional re- 

 mission of penalties established by exceedingly 

 numerous stringent German laws. Those who 

 were compelled to serve in the German army, 

 and they formed all the people, were exceeding- 

 ly jealous of any who escaped from that scr 



The course pursued by the American minis- 

 ter was to appeal to the inherent right of man 

 to choose bis home. Under dote of May 8th Mr. 

 Bancroft writes : " I saw there was no chance 

 of success except by an entirely new form. :is 

 one relating to the natural and inherent ri.'ht 

 of man to choose for himself the land of his 

 dwelling-place. The Prince von Bismarck is, 

 by nature as well gs by observation, study, and 

 reflection, ready to receive liberal ideas and to 

 reduce them to practice when the time for it 

 appears to have come. The Idea of the natu- 



