Wells Williams to William H. Seward, July 31, 1874

Mr. Williams to Mr. Seward.

Sir: I have received your two dispatches, No. 369 of 17th ultimo, and No. 377 of the 8th instant, with one from Consul Henderson of the last date, all relating to the Japanese invasion of Formosa and the connection of American citizens with that expedition, and the proper action of United States consular authorities growing out of it.

In Mr. Henderson’s dispatch a report is given of some of the proceedings of Mr. Cassel and Mr. Wasson in aid of the Japanese, and you are of opinion that writs of arrest against them and other Americans in the expedition may now properly be issued.

I have carefully read all these papers and whatever else I can learn bearing upon the subject; and I shall defer for a while to instruct Mr. Henderson in the premises to issue such writs, for the following reasons:

One initial difficulty in this whole affair is that there has been no declaration of war on either side. Both the Chinese and Japanese governments affirm that they are still at peace, although the latter have committed hostile acts against the former, invading their territory, attacking the villages of aborigines, and appropriating property taken by force. We know that neither of these nations acknowledge or understand what is technically called international law, and therefore between each other we can hardly look for their acting according to its requirements.

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The officers of the Tsungli yamun were much startled to learn that the Japanese were assisted and guided by United States naval and military officers; and it is not strange that they complained that this was in direct violation of Article I of the treaty between China and America, and asked me to order them to withdraw from their connection with the force then going to Formosa. I declined to do so at first, on the plea that the Japanese had assured foreign nations that they had the consent of the government of Peking to chastise the aborigines of Formosa for injuries done their subjects; but learning afterwards that this assurance was quite unauthorized, I told the yamun that the consul had been directed to warn them and all Americans to leave the 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 lighting 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 air to be relied on.

I am, &c.,