Note verbale handed to Acting Secretary of State Adee by the Japanese Minister, March 21, 1905. STATEMENT OF THE JAPANESE GOVERNMENT REGARDING THE NEUTRALITY OF CHINA. It is reported that the Russian Government has again drawn attention of the powers with a statement to the effect that the imperial troops were guilty of a violation of China's neutrality, as their appearance behind the Russian army in the western portion of Fenghien Province must have been effected by taking route through Mongolia. As a matter of fact, however, the imperial forces have never passed through Mongolian territory; while Russia has long been drawing supplies from Mongolia, and always sending there disguised or armed troops, which, intimidating native princes and people, have caused them to render assistance to the Russians in the rear. The following are the facts in evidence: 1. From the beginning of the war till last July Russia had at Halatokai and Lesserkoulon and in Khorchin district, under the jurisdiction of Prince of Hintu, some 200 soldiers detailed for requisitioning horses and cattle. 2. In the latter part of last June a Russian force consisting of some 50 troopers and artillerymen proceeded from the neighborhood of Tie Ling and Kaiyuan, penetrated into the interior of Mongolia under the rule of Prince Pei, taking their route between Chungchiatun and Kangan. 3. In last September a body of Russian soldiers, together with a number of Manchurian and Mongolian soldiers under their employ, proceeded westward from the neighborhood of Tie Ling, guarding 300 carts laden with arms and ammunition and passing through that part of Mongolia which is administered by the Prince of Hintu to Pakuoshu, near Lesserkoulon. At Pakuoshu they met with resistance at the hands of the Chinese officials and people, and, being defeated, had the ammunition confiscated by the magistrate of the Chaoyang district. 4. On September 15 last 300 Russian troopers were dispatched from Tie Ling to Halascokai, presumably for the purpose of intimidating the aforesaid Chinese officials and people. 5. Since August last from 200 to 500 Russian soldiers have been stationed in the capital town of the Hwaite-Haien or district, and they have been going round in the Khorlos district in Mongolia, extending from Chungchiatun to Petun. These Russian soldiers levied supplies, especially cattle and horses, by requisition in the northeast of Mongolia, and after bringing them together at Petun conveyed them southeast under custody of soldiers, both by water and land routes, through the Khorlos district. 6. It is still afresh in the memory of the general public that Russia had the rifles, guns, and ammunitions which she attempted to send to North China from Mongolia, through Changchiakuo or Kalgan, confiscated by the Chinese authorities at Kalgan. Summary of a telegram from Baron Komura to the Japanese Minister handed to Acting Secretary of State Loomis, April 27, 1905. Inform Secretary of State that reports are being constantly received by the Japanese Government regarding the measures taken for the restoration of the fighting power to the dismantled Russian vessels now interned at Shanghai and for the preparation for putting them to They are overhauling and testing the engines and other mechanical appliances, taking coal and provisions aboard, and doing various other things which clearly indicate the intention on the part of those vessels to leave the port, in disregard of the terms of internment. That it is the duty of the Chinese Government to exercise the necessary degree of diligence in order to make her neutrality respected can not be contested, and that, should she resolve to use force at her disposal for the purpose, she can put an end to the scandal complained of is beyond question. But the Chinese Government are disinclined to take even such measures as are necessary for her self-preservation. Nothing but the strongest pressure brought to bear upon China can overcome this disinclination on her part. The Japanese Government have tried all their efforts to make China realize the sense of her responsibility, but it was in vain. Under such circumstances the Japanese Government believe that they would be fully justified in taking all necessary measures in order to protect themselves against the continued danger arising from the practically warlike preparations and movements of those vessels. But out of deference for the large interests which neutral powers have in Shanghai and of the loyal desire on the part of the Japanese Government to conserve Chinese neutrality as far as possible, they are reluctant to resort to the extreme measures, if only that could be avoided. You will point out to Secretary of State the gravity of the situation and assure him that the only aim of the Japanese Government is to secure a faithful adhesion on the part of the Russian vessels to the terms of internment and ask him if in the circumstances of the case it is not possible for the United States Government, either singly or in conjunction with other interested neutral powers, to bring sufficient pressure to bear upon China in order to make her take necessary steps for putting back the said vessels to the condition of internment and for checking any further activities or preparations inconsistent with that condition. Inform Secretary of State that the Japanese Government are approaching the British Government in the similar sense. No. 198.] The Acting Secretary of State to the Japanese Minister. DEPARTMENT OF STATE, Washington, May 5, 1905. SIR: Referring to the summary of a telegram from Baron Komurs to you, received the 26th ultimo, which you handed to the Department on the 27th ultimo, and which relates to the duty, as a neutral power, of China regarding the reports that are being constantly received by the Japanese Government concerning the measures taken for the restoration of the fighting power to the dismantled Russian vessels now interned at Shanghai, I have the honor to inform you that the Department is in receipt of a telegram from the American chargé d'affaires ad interim at Peking, dated the 2d instant, in answer to the Department's telegram to him of the 28th ultimo directing him to point out to the Chinese Government the gravity of the situation and to urge that no proper effort be spared to maintain China's neutrality. The chargé's telegram, summarized, is as follows: China answers that some time ago the Chinese foreign office, upon hearing reports that the Russian vessels interned at Shanghai were planning to put to sea, sent telegrams repeatedly, directing the viceroy at Nanking to investigate the matter. The viceroy reported that the condition of the Russian war vessels was unchanged since the removal of parts of their machinery; that he (the viceroy) had detailed additional war vessels to watch, and that strict and secret protective measures were being taken, no remissness being shown. The foreign office had also asked the Russian minister to instruct, by telegraph, the Russian war vessels at Shanghai that on no account should they attempt such a thing. The foreign office adds that it is China's desire and for the interest of all nations that its neutrality should not be violated; and that the government of that country is observing strict neutrality and will certainly use every exertion to discharge its responsibility. Accept, etc., F. B. LOOMIS. REGULATIONS FOR THE DEFENSIVE SEA AREA AT KELUNG, FORMOSA. Minister Griscom to the Secretary of State. No. 168.] AMERICAN LEGATION, SIR: I have the honor to inclose herewith a copy of a translation of the notification issued by the commander of the naval station at Mokyu, in the Pescadores, relative to navigation through the defensive sea area at Lelung. This notification was promulgated in the Formosan Official Gazette the 24th ultimo and has just reached this legation from the consulate at Daitotei. I have, etc., LLOYD GRISCOM. [Inclosure.-Translation.] [From the "Official Gazette" of the Formosan Government, December 24, 1904.] INSTRUCTIONS TO VESSELS TRAVERSING THE DEFENSIVE SEA AREA AT KELUNG. The commander of the naval station at Mokyu (Pescadores) has issued the following instructions to vessels traversing the defensive sea area at Kelung: ARTICLE 1. Matters relating to the defensive sea area at Kelung are under the direction of the commander of the temporary Kelung submarine detachment. ART. 2. Vessels other than those employed in the government service or the regular mail steamers wishing to traverse the defensive sea area must first obtain permission from the commander of the temporary Kelung submarine detachment. ART. 3. Vessels not in the service of the army or navy before passing or traversing the defensive sea area between the hours of sunset and sunrise must obtain permission from the commander of the temporary Kelung submarine detachment. ART. 4. While passing through the defensive sea area vessels must not exceed a speed of 5 nautical miles per hour. ART. 5. Excepting in the districts in which permission has been given by the commander of the temporary Kelung submarine detachment, fishing is prohibited within the defensive sea area. ART. 6. In case it is deemed necessary the commander of the temporary Kelung submarine detachment may designate the anchorage for vessels, or may limit or prohibit their passage or mooring for a time. NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN RUSSIA AND JAPAN. [NOTE. For previous correspondence see Foreign Relations, 1904, pp. 427 and 780.] The Acting Secretary of State to the Japanese Minister. No. 190.] DEPARTMENT OF STATE, Washington, March 24, 1905. SIR: I have the honor to inform you that the Navy Department has acquainted me with a communication from the commandant of the Mare Island Navy-Yard transmitting a letter from the commander of the dismantled Russian ship Lena requesting that one of the seamen of the Lena, Nicholas Starikoff, who had been recruited in the compulsory service by mistake, be given permission to return to Russia. From the indorsements accompanying the communication it appears that there was a mistake made three years ago by which Starikoff was drawn for the five years' compulsory service and that he took the place of another man whose name should have been drawn; that Starikoff was therefore properly exempt from military or naval service three years ago and would not have been required to serve at all had not the mistake occurred. The officers and men of the Russian ship Lena being paroled in fulfillment of the neutrality of the United States, this government is disposed, in the exceptional circumstances recited in this case, to discharge Nicholas Starikoff from his parole, provided that course is agreeable to your government. If this is acceptable to the Japanese Government, I should be glad to have you inform me whether any conditions or restraints would be required, as between your government and the seaman, in granting the desired permission to return to Russia. ALVEY A. ADEE. Accept, etc., The Japanese Minister to Acting Secretary of State Adee. No. 12.] LEGATION OF Japan, Washington, March 27, 1905. SIR: I have the honor to acknowledge the receipt of your note No. 190, of the 24th instant, informing me that the Navy Department has acquainted you with a communication from the commandant of the Mare Island Navy-Yard transmitting a letter from the commander of the dismantled Russian ship Lena requesting that one of the seamen of the Lena, Nicholas Starikoff, who had been recruited in the compulsory service by mistake, be given permission to return to Russia; that from the indorsements accompanying the communication it appears that there was a mistake made three years ago by which Starikoff was drawn for the five years' compulsory service and that he took the place of another man whose name should have been drawn; and that the officers and men of the Russian ship Lena being paroled in fulfillment of the neutrality of the United States, your government is disposed, in the exceptional circumstances recited in this case, to discharge Nicholas Starikoff from his parole, provided that course is agreeable to my government. In reply, I beg to state, under instructions, that the Imperial Government entertains no objection to the proposal of the United States Government to permit Nicholas Starikoff, one of the seamen of the Lena now interned in San Francisco, to return to Russia, in the exceptional circumstances recited in your note, provided the said Nicholas Starikoff be made to give parole before the United States authorities to the effect that he will not take part in the war now being waged between Japan and Russia as long as it lasts, or, in case this can not be done, he may be made to give parole to the same effect before the Japanese consul at San Francisco. Should the latter course be preferred, I should like to be fully informed as to how and when the man shall appear before the said consul, in order that I may give him necessary instructions on the subject. Accept, etc., K. TAKAHIRA. The Acting Secretary of State to the Japanese Minister. No. 192.] DEPARTMENT OF STATE, Washington, March 28, 1905. SIR: I have the honor to acknowledge receipt of your note of yesterday, in relation to Nicolas Starikoff, a seaman on the dismantled Russian ship Lena, who was found to have been unlawfully conscripted into the naval service of Russia and whose release is requested by the captain of the Lena, the matter having been brought to my attention by the Secretary of the Navy. I have given due attention to your statement that the Japanese Government has no objection to permitting Starikoff to return to Russia, provided either that he be paroled before the United States authorities or, in case this can not be done, that he be made to give parole before the Japanese consul at San Francisco. Inasmuch as the parole given by the officers and crew of the Lena is a domestic requirement prescribed by this government in execution of its function of preserving neutrality within its own jurisdiction, it would not be practicable for the United States to exact a valid parole from Starikoff, effective as between the belligerents. The alternative proposition, that Starikoff shall give parole before the Japanese consul, would appear to constitute a valid engagement between the belligerents, and I have suggested to the Secretary of the Navy that the commandant of the Mare Island Navy-Yard be advised that, with the acquiescence of the captain of the Lena, he is authorized to send Starikoff before the Japanese consul, under escort of an orderly. Accept, etc., FR 190538 ALVEY A. ADEE. |