264 



DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



under date of May 29th, stating the particu- 

 lars of a conversation with the Chinese offi- 

 cials, of which the following is an extract: 



They then inquired if, in the event of hostilities 

 arising between China and Japan, Americans who 

 were engaged in the ranks of the enemy should be 

 killed by Chinese troops, what notice would be 

 taken of it by their own Government ? 



I answered that all Americans who entered the 

 military service of the Japanese did so at their own 

 risk, and that the American Government would take 

 no notice of their death under such circumstances ; 

 all persons composing a hostile force could only be 

 regarded as enemies by China. 



The reply of Secretary Fish, under date of 

 July 29th, was as follows : 



You state in your dispatch that you had informed 

 certain officials in this conversation that the Ameri- 

 cans entering into the military service of China or 

 Japan did so at their own risk, and that the Govern- 

 ment would take no notice of their death under such 

 circumstances. Your answer goes further than the 

 Department feels justified in approving. 



In case such American citizens should be killed in 

 battle, in the ordinary course of civilized warfare, no 

 notice would be taken thereof; but the United States 

 will expect that no unusual or inhuman punishment 

 be inflicted upon any of its citfeens who may be 

 taken prisoners, but that they shall be treated ac- 

 cording to the accepted rules of civilized warfare. 



Where the exercise of a commission or the enlist- 

 ment in a foreign service is not prohibited by law, 

 the fact that a war arises between the country in 

 whose service a citizen of the United States may be 

 and another nation, with which the United States are 

 at peace, does not, in the opinion of this Department, 

 create an obligation "to refuse to serve or to leave 

 the flag thus employed." 



Such fact is of not infrequent occurrence. Citi- 

 zens of all nationalities were engaged on both sides 

 during the rebellion, and such has frequently been 

 the case with European nations. 



I fail to perceive that the doctrine of exterritori- 

 ality affects the question of the rights of citizens of 

 the United States to engage in the service of foreign 

 powers when not prohibited by law, or that it be- 

 comes unlawful because of the engagement being 

 made with a non-Christian power. China has not 

 infrequently availed herself of the services of Ameri- 

 cans, as in the case of Ward and Burgevine, and it is 

 not for her to take exception against this Govern- 

 ment that it refuses to interfere to prevent its citizens 

 from entering into foreign military service which 

 may not be prohibited by law. 



On January 9th Mr. Bancroft writes from 

 Berlin to Secretary Fish, denying the desire 

 of the Government of Germany to obtain the 

 island of St. Thomas. He says : 



As to St. Thomas, Germany does not want it, 

 would not accept it as a gift ; has no hankering after 

 that or any other West India colony ; from principle 

 avoids them; wishes at most a coaling-station in 

 Asiatic seas, and that only in case it can be enjoyed 

 in security without being made a military post. 

 This statement I have had often from every member 

 of the government that could by any possibility have 

 charge of any negotiation made for the acquisition 

 of territory. They have said it to me over and over 

 again. This much in answer to a telegram received 

 night before last through General Schenck. 



Again, on January 12th, he writes: 



Further, in time past I am very certain that the 



idea has never been entertained on either the side 



of Denmark or of Germany to transfer St. Thomas to 



the latter power. As to the present, I cannot find 



the slightest reason to believe that any such negotia- 

 tion is on foot or even in contemplation. 



The decisions in the Alabama case respecting the 

 extent to which a neutral power may furnish coals to 

 a war-ship of a belligerent have naturally brought 

 home to the German Navy Department a sense of the 

 feebleness of their position in foreign seas in the 

 event of a war, and so may have given rise to the 

 wish for the possession of coaling-stations, especially 

 in the Eastern Asiatic seas. But it does not change 

 their general policy not to hold in foreign seas posts 

 that would but be new points for attack for a fleet 

 in time of war. 



Mr. Fish replies : 



DEPARTMENT OF STATE, ) 

 WASHINGTON, February 11, 1874. ) 

 SIR : Keferring to your No. 562, of the 1 6th ultimo, 

 relating to the final denial by the proper authorities 

 of reports concerning negotiations between Germany 

 and Denmark respecting the cession of the Danish 

 West Indies, I have to request you to be watchful in 

 case any negotiation of that character should occur. 

 I am, etc., HAMILTON FISH. 



The mission of Mr. George Bancroft to Ber- 

 lin was closed during the year by his resigna- 

 tion. Mr. J. C. Bancroft Davis was appointed 

 minister to fill the vacancy. The following 

 letter is the last official act of Mr. Bancroft : 

 AMERICAN LEGATION, BERLIN, June 30, 1874. 



SIR : My last act of public duty before leaving 

 Berlin shall be to ask you to express to the President 

 my grateful sense of the honor which he has done me 

 in the language which he used in granting me my 

 discharge from the public service. I can receive it 

 with a good conscience, for I have never, so far as I 

 know,_ missed an opportunity of carrying out the in- 

 structions of the Department, and promoting, to the 

 best of my ability .the honor and the welfare of the 

 country. You in Washington can hardly conceive 

 the degree of comfort secured to our German fellow- 

 citizens by the peaceful security which they obtain 

 for their visits in Germany by the treaty of naturali- 

 zation. From 10,000 to 15,000 of them come yearly 

 to their mother-country now, without suffering the 

 least anxiety, where before many of them, in order 

 to see their friends, were obliged to remain on the 

 other side of the frontier or come into Germany 

 stealthily, running the risk of arrest every hour. 



During the war between Germany and France, 

 great efforts were made to turn the current of opinion 

 and the feeling of the German Government against 

 the United States on account of sales of arms to one 

 of the belligerents. It was to me a very great source 

 of. satisfaction that complaints were happily prevent- 

 ed. Our happy cooperation in the San Juan arbitra- 

 tion led to the most pleasing and satisfactory results. 

 Take it for all in all, my mission to Berlin has 

 rounded off in the pleasantest manner the years of 

 my life that have been devoted to the public service, 

 and I may say that my unsolicited appointment by 

 Mr. Johnson and my new commission from Mr. Grant 

 have made to me the years of my great old age the 

 flower of my life. 



Yours, etc., GEOEGE BANCROFT. 



The vagrancy of Italian children, which at- 

 tracted attention in the United States during 

 the year, has been made the subject of special 

 legislation in the Italian Parliament. The 

 Italian minister at Washington thus speaks of 

 the law, in a letter addressed to Secretary Fish : 



LEGATION OF ITALY, ) 

 WASHINGTON, April 27, 1874. ) 

 SIR : Your Excellency is aware that public atten- 

 tion in the United States has for some time been se- 

 riously occupied with the subject of foreign vagrancy 



