tried, and sentenced to penal servitude | made to infringe the British right over for life; the police officials who had Hong Kong, or to commit acts of war failed to make the outrage impossible within its waters. An engagement were dismissed; and the mikado, not seems even to have been given by the content with tendering the fullest apol- Japanese that they would not attack, ogy to Li Hung Chang, and sending and by the Chinese that they would his own medical attendants to see to not by torpedos obstruct the access to, the wound, proceeded to grant to a port in which all foreigners are so China, what had previously been re- interested as Shanghai. The persons fused, except on prohibitively severe and property of neutrals in China have terms, an unconditional armistice, ex- been respected alike by the Chinese tending over the greater part of the and by the invaders. It is true that a scene of military operations. few days after the outbreak of the war, a British vessel, the Chung King, while lying at Tong Ku, was boarded by a number of Chinese soldiers, who seriously maltreated sixty Japanese, men, women, and children, who happened to be on the ship; but an ample apology for the occurrence was made by the viceroy to the British consul.1 The arrest, on a French mail steamer in Japanese waters at Kobe, of two American citizens, whose papers showed that they were proceeding to The armistice was scrupulously observed, and the peace negotiations, down to the signature of the treaty of peace on 17th April, and its ratification on 8th May last, proceeded as correctly on both sides as could have been the case in Europe. with certain military inventions, though a novel proceeding, was probably justifiable. The neutral right to continue diplomatic intercourse with both belligerents was not interfered with on either side during the war. The questions raised by the relations of belligerents one to another are less complex and delicate than those which arise between belligerents and neutrals. Great Britain announced her China to assist the government there neutrality in the late war by a proclamation issued on 7th August, 1894, and her example was promptly followed by the other maritime powers of the West. The presumption is, of course, in favor of neutrals being entitled to carry on their trade, or other- But the duties of neutrals are far wise pursue their ordinary avocations, more prominent than their rights. In as if the war, to which they are no the first place, a state by becoming parties, were not being waged. This neutral, is precluded from certain attitude of aloofness has, however, courses of action which would ordibecome subject to numerous modifica- narily be open to it. Secondly, a neutions, most of which are indeed inev-tral state is obliged to prevent certain itable. The ordinary rights of states need, in many cases, to be specially re-defined when those states, by the outbreak of war between their neighbors, come to occupy the position of "neutrals ;" and states which are so placed become ipso facto subject to a set of duties which have no existence in time of peace. A few words upon such of the rights of neutrals as have made themselves felt during the late war. The sovereignty of the neutral over its own territory including its territorial waters, implies the right to prohibit hostilities taking place there. No attempt was classes of acts with which, but for the war, it would have nothing to do. Thirdly, a neutral state is obliged to acquiesce in penalties being inflicted by the belligerents upon its subjects, for acts which, apart from the war, would be perfectly innocent. Let us see how far these several heads of duty have been illustrated by what has lately occurred. I. (1) A neutral state is, ex vi termini, precluded from allowing its armed forces, in any way, to take part 1 London and China Telegraph, 1894, p. 650. in the hostilities. A salute fired by | to prevent the export of ships of war Admiral Fremantle in honor of a to be thus used. As to the limits of Japanese man-of-war is alleged to this duty, so much discussed with have given notice to the Chinese of reference to the Alabama, there is still what was intended to have been the much doubt; but, in order to be on secret approach of a Japanese squad- the safe side, neutral governments are ron to the harbor of Wei-hai-wei. in the habit of taking, under "Foreign This was unfortunate, and caused Enlistment Acts" or similar pieces of much irritation in Japan till the acci- legislation, powers considerably in exdental character of the occurrence be- cess of their international obligations, came thoroughly understood. (2) A against a trade which so closely approxneutral state, though it may not furnish imates to the sending forth from their troops to either belligerent, is not com- shores of a hostile expedition against promised by assistance rendered by a friendly power. An armed vessel, individuals not belonging to its own the Tatsuta, built in the Tyne for army or navy, to one or the other com- Japan, got clear away before the war batant. A good many Europeans seem was declared; but during the war so to have been serving China during the close a watch was kept by our customs late war, but Germany was not respon-authorities upon all building yards, that sible for Major von Hanneken, nor we no accession to the naval strength of for Admiral Maclure.1 (3) A neutral either China or Japan was possible state is bound to abstain from selling from that quarter. So, for instance, its ships of war to either belligerent. when a vessel called the Diogenes, If, therefore, as was alleged, the Chil-built at Blackwall, and evidently fitted ian cruiser, Esmeralda, was sold to for war service, was about to proceed Japan in November last, or if, as was to the mouth of the Thames for her also alleged, half of the Chilian fleet speed trial, the Foreign Office, which was sold to China, a gross violation of had been kept informed of the progress neutral duty occurred. of the ship, communicated with the Admiralty, which sent a detachment of thirty blue-jackets and marines to go on board of her and see that she did not leave British waters. II. A neutral state is bound to prevent certain acts by persons, or within territory, subject to its control. It is, for instance, bound to prevent its territory from being used as a base of III. - The duty of a neutral power to hostile operations. So the British acquiesce in belligerent interference proclamation of neutrality brought into with the trade of its subjects relates to force the two "twenty-four hours" three main topics, viz., blockade, conrules in all ports of the queen's domin- traband, and belligerent service. The ions. Under these, no Chinese or neutral power is under no obligation to Japanese war ship could, under ordi- prevent its subjects from engaging in nary circumstance, remain in such the running of blockades, in shipping ports for a longer time than that men- or carrying contraband, or in carrying tioned, nor could she leave such a port troops or despatches for one of the within a shorter time after the depar- belligerents; but, on the other hand, ture from it of a war ship or merchant neutral subjects, so engaged, can exvessel belonging to the other bellig-pect no protection from their own erent. Again, although a neutral gov- government against such customary ernment is not bound to prevent the export by its subjects of munitions of war, to be used by the belligerents, it is bound, according to modern views, 1 Lieutenant Bouchier, R.N., who had been lent penalties as may be imposed upon their conduct by the belligerent who is aggrieved by it. With a view to the infliction of such penalties, a belligerent is armed with the right of "visit and to the Chinese government, left its service, under search," i.e., his cruisers may stop and instructions from Admiral Fremantle. overhaul any merchant vessel reason ably suspected of any of the offences in | first instance and of appeal, was duly question, may arrest her, and may called into existence in Japan, and a bring her in with a view to obtaining body of rules of procedure, worthy of her condemnation by a prize court. the best days of Doctors' Commons, was promulgated for their guidance.3 I have asked a friend, who is a member of the Japanese government, to send me any available reports of prize cases. The cases have probably not been numerous, and can have hardly afforded an opportunity for the appearance of a Japanese Lord Stowell. No blockade seems to have been established during the late war, but the question of contraband from time to time became prominent. There are many objects, such as rifles and gunpowder, as to the contraband character of which there can be no doubt; but it is not unusual for a belligerent to announce, in a proclamation issued at the The remaining ground for the arrest outbreak of the war, what other objects of a neutral vessel by a belligerent, he intends to include in the prohibited that she is engaged in the service of list. Japan seems to have made such the enemy, by carrying troops, officers, a proclamation with reference to lead or despatches, was illustrated by a case and coal, but to have promised not to which occurred at the very beginning interfere with the carriage of rice. No of the war. On July 25th, 1894, the similar announcement was made by relations between China and Japan China, although, early in September, a with reference to Korea being very British ship bound for Japan, on strained, and several transports contouching at Shanghai, was not allowed voyed by men-of-war having already to proceed on her voyage till she had landed reinforcements for the Chinese discharged a quantity of chlorate of forces at Asan, in that country, a Jappotash which was part of her cargo.1 anese squadron, cruising off the island On the 21st of the same month a of Sho-pai-oul, on the Korean coast, Chinese cruiser stopped the British was attacked about 7 A.M. by Chinese steamer Pathan, in Formosa channel, warships returning from Asan. About on suspicion of carrying munitions of 9 A.M. the Kowshing, a British vessel, war, and took her into Keelung carrying further Chinese reinforcefor further examination.2 Subsequent ments for Asan, appeared on the scene, searches for contraband have, of whereupon the Naniwa, one of the course, been more usually made by Japanese cruisers, turned back from the cruisers of Japan. In the course of March last several steamers, under the British and the German flags, were stopped and searched by Japanese fast cruisers in the Gulf of Pe-chi-li. These proceedings were, in some quarters, described as "high-handed," but were perfectly legitimate. On 10th April the British steamer Yiksang, with two hundred and twenty thousand cartridges on board, shipped at Shanghai, as was alleged, in good faith as bamboos and steel, was seized at Taku and carried to Japan, where her case was speedily brought before a prize court, sitting at Sasebo, which ultimately released her. It must be noticed that, quite early in the war, a system of prize courts, of 1 Times, 13th September, 1894. 2 Reuter's telegram, Shanghai, 26th September, 1894. pursuing the Chinese men-of-war and signalled to her to stop. A boat from the Naniwa then boarded the Kowshing, and finding that she was carrying twelve hundred Chinese troops, with several generals, including the German Major von Hanneken, inquired of the captain whether he would peaceably follow the Naniwa to Japan. The captain said, "Yes. I am powerless to refuse, as you are a man-of-war." The Chinese officers, however, declined to allow this to be done, and made preparations for shooting Captain Glasworthy and his English officers should any attempt be made to take the ship to Japan. After some more parleying, and a final signal from the Japanese to "quit the ship immediately," the 3 Set out in the Japan Weekly Mail, 25th August, 1894. 66 1. Regarded as an isolated vessel, she was liable to be stopped, visited, and taken in for adjudication by a Japanese prize court. If, as was the fact, it was practically impossible for a Japanese prize crew to be placed on board of her, the Japanese commander was within his rights in using any amount of force necessary to compel her to obey his orders. Naniwa, between 12 and 1 P.M., fired a | or otherwise, is wholly immaterial.) Her torpedo and then a broadside at the liabilities, as such ship, were twofold: Kowshing, exploding her boilers, and eventually sending her to the bottom. All on board who were able to do so took to the boats or leapt into the water, and most of the Europeans were picked up by the boats of the Naniwa. The first arrival of this news in England produced a certain amount of excitement. Leading articles were 2. As one of a fleet of transports and freely garnished with such phrases as men-of-war engaged in carrying reinforceinsult to the British flag," ," "amplements to the Chinese troops on the mainapology to be exacted from Japan," land, the Kowshing was clearly part of a "wanton outrage in time of peace,' hostile expedition, or one which might be treated "full compensation for the owners and as hostile, which the Japanese for the relations of such of the En- were entitled, by the use of all needful glish officers and engineers as may tion. force, to prevent from reaching its destinahave perished." It was some time The force employed seems not to have before the facts of the case were been in excess of what might lawfully be clearly ascertained, and still longer used, either for the arrest of an enemy's before the public was educated in the neutral transport or for barring the proglegal principles applicable to the occur-ress of a hostile expedition. The rescued rence. It is, however, now, I believe, officers also having been set at liberty in pretty well understood that the views due course, I am unable to see that any asserted from the first by Professor violation of the rights of neutrals has ocWestlake and myself were correct. curred. No apology is due to our govAs early as August 8th, I maintained, ernment, nor have the owners of the in a letter to the Times, that a state of Kowshing, or the relatives of any of her war may well exist without declara-European officers who may have been lost, tion; that a neutral vessel, after notice of a war so existing, is liable, if engaged in a forbidden traffic, such as the carriage of troops for a belligerent, to be arrested and carried in for condemnation by a prize court, and that, if she refuses to allow herself so to be carried in, her submission may be compelled by the use of so much force as may be necessary. Applying these principles to the case in question, I went on to say: any claim for compensation. Our review of the course of recent events would seem to lead to the following conclusions. Japan, apart from the lamentable outburst of savagery at Port Arthur, has conformed to the laws of war, both in her treatment of the enemy and in her relations to neutrals, in a manner worthy of the most civilized nations of western Europe. China, on the other hand, has given no indication of her acceptance of the usages of civilized warfare; and, although she was prepared to exercise the rights conceded to belligerents against neutral commerce, took steps, by establishing prize courts, to secure vessels engaged in it from inproper molestation. This is the more to be regretted, because for more than thirty years past international law has been studied at Pekin. The works of Wheaton, G. F. de Martens, Woolsey, and Bluntschli, as well as the "Manuel des Lois de la Guerre " of the "In no stitut de Droit International," have | blackbird singing in the hedge, just been translated into Chinese; and the above the bank where the starry white translator, Dr. Martin, is professor of blossoms of the stitch wort bent down the law of nations at the Imperial towards the grey film of coming blueCollege of Tung-wen. But the Chinese bells. have adopted only what I have already Her eyes were dim with tears, and described as the rudimentary and in- as she stretched out her hand longevitable conceptions of international ingly, she slipped ankle-deep in the law. They have shown themselves to water. be well versed in the ceremonial of embassy and the conduct of diplomacy. To a respect for the laws of war they have not yet attained. T. E. HOLLAND, Chichele Professor of International Law and From Blackwood's Magazine. A WEST COUNTRY SKETCH. IT was a damp, chilly afternoon in March, and the tall black poplars were still leafless as in December, when a young girl passed under them and turned the corner, to go up the lane, between the hedges covered with buds and catkins, which seemed to make the distant trees rise through a silvery haze. A little brook trickled down over the rough stones in the middle of the pathway, and the girl had to pick her way across from one side to the other; but it was with a slow, heavy step which had little of the joyous freedom of youth. Poor Letitia! How familiar it all was to her, for her earliest remembrances were bound up with that watery path to school, which had been so often trodden by her little toddling feet. Oh, if she could but call back those bygone days of her innocent childhood! She had reached the point where the winding lane took a sharp turn up from the hollow towards the wooden slopes above. Beneath a clump of gaunt, weather-beaten fir-trees her home stood before her- one of those two cottages with grey stone walls and a thatched roof, tinted with many-colored lichens, where the swallows always built under the deep eaves. Why it was called "Cuckoo Corner" nobody knew for certain, but from time immemorial such had been the name of that secluded nook, away and apart from the rest of the village of Combe Dallwood. A lovely spot in summer, when the world is flooded with sunshine; but seen through the gathering mist, it seemed to echo back the sadness and gloom in the girl's own heart. As she turned her head she revealed By the broken gate of the nearest a pale, delicate face, with soft, dark cottage Letitia paused a while irresoeyes and brown hair smoothly brushed lute, until some sound from within back from her low forehead, round startled her, and summoning up her which clustered a few little vagrant courage, she crossed the few yards of curls. The sensitive mouth, with full, garden path, with the tangled mass of red lips, half open, and the short, reced- violets and snowdrops on either side. ing chin, spoke of a weak, timid na- Then with a deep sigh, which was alture. Her dress was neat and simple most a sob, she pushed open the rough a plain straw hat and a dark stuff door left ajar, and stood trembling on gown with a black jacket; and she the threshold of her home. Coming carried in her hands all her worldly out of the daylight, it all looked so goods a bundle of clothes tied up in dark that she could distinguish notha red shawl, and a white bandboxing at first, for the big oak settle hid no heavy burden, and yet her whole from her the firelight on the hearth. manner was of one who was weary and heavy laden. Half-way up the lane she paused for a moment to listen to a and recognized, and a worn-looking - "Mother!" she murmured faintly, and in a moment her voice was heard |