lowed success, until "Ward's Corps" became distinguished by the Government and people of China as "The Ever Victorious Army."

The Imperial Government, recognizing the ability of this remarkable man, freely rewarded him, decreed him honors and titles, and raised him to the highest military rank in the Chinese service. He not only received a liberal salary, but also prize-money for each city that he captured, which in one instance amounted to seventy-five thousand tacls, thus accumulating considerable wealth. When the Chinese officials were without revenue to maintain his soldiers, he unhesitatingly used his own money, relying upon the good faith of the Chinese Government to reimburse him. Many times he was wounded, but ignorant of fear and indifferent to pain he never ceased, even when suffering from severe wounds, in his efforts to advance the imperial cause, for which he at last laid down his life. While scaling the walls of a city held by the rebels, he fell at the head of his troops, mortally wounded by a shot from the ramparts, and died on the following day.

When the news of his death reached Peking, the Emperor issued an edict expressing "Our extreme grief ... for we had just confidence in his patriotism and bravery, and never had cause to be ashamed of his military acts"; and ordered distinguished military honors to be paid him and that two memorial temples be erected to him, "in order to tranquillize his loyal spirit and exhibit our distinguished kindness." Mr. Burlingame, our Minister to China, in reporting his death and transmitting the imperial decree to Washington, spoke of General Ward as "an American who had risen by his capacity and courage to the highest rank in the Chinese service. He fought countless battles and always with success. Indeed he taught the Chinese their strength, and laid the foundation of the only force with which their Government can hope to defeat the rebellion." Secretary Seward, in reply, spoke of him as "our distinguished citizen. He fell while il

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lustrating the fame of his country in an untried, distant, and perilous field." The British naval officer on the station wrote his admiral: "I fear his death will cast a gloom over the imperial cause in China, of which he was the stay and prop." It was General Ward who prepared the way for the British soldier Gordon to win the laurels which would have been his alone had he lived.

He was born in Salem, Massachusetts, and its citizens take pride in the bravery and achievements of their distinguished townsman. They have set aside a room in the Essex Institute devoted to his memory, in which are placed his portrait, the edict of the Emperor, the General's sword, and other mementoes. The Chinese also continue to keep green his memory, as is shown by a dispatch from Minister Conger a few years ago, in which he reported to the Department that the temple erected in front of the General's tomb is still maintained, and that on every New Year's Day offerings and flowers are placed on his grave.

On his death-bed he made a nuncupative will in the presence of an officer and seaman of the British Navy, which was written down at the time as dictated by him as follows: "The Taotai of Shanghai owes me 110,000 taels. The Takee owes me 30,000 140,000 taels [of the value then of about $200,000].

"I wish my wife to have 50,000 taels, and all remains between my brother and sister.

"I wish Admiral Sir James Hope and Mr. Burlingame to be my executors.

"Witness our hands:

"ARCH. BAYLE, Lieutenant and Commander. "JOHN COLTON, Boatswain."

The first of the Chinese named was one of the officials charged with the suppression of the rebellion, and the other was the Commissioner of Revenue, the persons through whom General Ward had advanced money for the maintenance of

his corps. His personal account was mixed with the accounts of the corps, difficulty was found in separating them, and the Chinese officials named sought to avoid personal responsibility. His individual claim was referred to a board of arbitration, which gave his administrator an award for the amount claimed; the Chinese Government recognized its justness, but required that the officials named should pay it. Years elapsed in the effort to secure a settlement, and the older the claim became the more difficult it was to secure the attention of either the Government of China or the United States.

The father of General Ward made the long journey from Salem to Shanghai and Peking in vain, and died on his return voyage. Successive administrators and consuls in China and attorneys in Washington had labored without avail, some dying, and others, tiring of their task, made way for new ones to be engaged.

In 1902, forty years after the death of General Ward, I was urged to take charge of the claim, but I knew something of the hopelessness of the task of reviving claims so long dead, and declined the offer. However, the heirs were persistent, and on examining the record I became satisfied of its meritorious character, and finally consented to make the effort. My first step was to prepare, with the aid of an associate counsel, a clear and succinct printed memorial, which would enable the officials of both Governments to readily inform themselves of the salient features of this ancient claim.

I soon saw that my only hope of success was in securing its payment out of the Boxer Indemnity Fund; and it was apparent that the Secretary of State would not be warranted in making such payment without the consent of the Chinese Government. To this task I addressed myself. Fortunately I had influential acquaintances in the Government at Peking, and by an appeal to their national pride and sense of justice and gratitude their consent was obtained to this method of settlement, and an agreement was reached between the two

Governments for the payment of the claim from the indemnity fund. I gained quite a reputation for my success, but it was due rather to a fortuitous concurrence of favoring circumstances a just and painstaking Secretary of State in Washington and personal friends at Peking.

The last case in my professional business which I shall notice is that of the Canton-Hankow Railroad Concession. It is worthy of mention especially because it involved a European sovereign and the leading financial personage of America. After three years of effort at Peking, a concession was granted to an American company in 1898 to construct and operate a railroad from Canton to Hankow, one condition of the concession or contract being that its property and interests should remain in American hands and that they could not be transferred "to other nations or people of other nationality." After seven years had passed without any serious attempt to build the road, beyond a survey of the line, the Chinese Government sent an agent to the United States to ascertain the financial standing of the company and the causes of the delay in executing the contract.

It was found that the company, or the "promoters" who had charge of the concession, had made various efforts to induce capitalists of this country to invest in the enterprise, with only very limited success, and that finally they had sent a representative to Belgium who had arranged with a financial syndicate in that country to furnish sufficient money to start the enterprise, but only on condition that a controlling interest in the company be assigned and transferred to the Belgian syndicate. This was done. Meanwhile the company's agents and employees in China had incurred the hostility of the people along the line of survey by their arrogant conduct, and destroyed the confidence of the Chinese officials by their delays and failures.

Under the circumstances the Chinese Government decided to take advantage of the forfeiture clause of the contract and

terminate the concession. I was asked by the Chinese Minister in Washington to conduct the negotiations for that purpose. When notice was given to the president of the company of the intentions of the Government, two new elements were developed in the case. Mr. J. Pierpont Morgan of New York made a visit to Washington, and in a conference with the Chinese Minister he stated that he had been induced to take an interest in the enterprise and that he had become the owner of a sufficient amount of the stock of the company not only to transfer again the majority of the stock to the American holders, but that he possessed a controlling interest in the company, and that it was his intention to build the road.

The other feature was the sudden activity of the Belgian Minister in Washington, who informed the Department of State that Belgian subjects were largely interested in the company, and the good offices of the United States were invoked to prevent the threatened forfeiture of the concession. It appeared later that the chief holder of stock in Belgium was King Leopold II.

Notwithstanding these powerful influences, the Chinese Government was resolved to repossess the concession. The negotiations were then transferred to New York City, where I met Mr. Elihu Root (afterwards Secretary of State), then practicing law in that city, who represented the company and Mr. Morgan. He soon became satisfied that the Chinese Government was determined to forfeit the concession, unless it could acquire possession by purchase. Mr. Root advised the company to accept the latter alternative, and the negotiations were conducted to that end. The company made a statement of its alleged expenditures, and then offered to assign and transfer to the Chinese Government all its rights and interests in the concession for a sum equal to three times the amount of its expenditures.

This demand was extortionate, but rather than resort to the extreme of forfeiture and possible diplomatic reclama