According to the statements of the natives, the Russians cut off the head and upper limbs of Doctor Fukuyama and threw his body in a wagon and carried it away. The cap and the girdle cloth were found on the spot where the attack took place, the former being badly damaged on the top.

Summing up the general results of the attack, the enemy attacked our defenseless and nonresisting hospital corps, seized or burned the greater portion of the hospital equipment, stores, and other materials, and out of 6 officers and 45 men severely wounded 2, killed 5 (bodies recovered, showing sword cut from the head), and made the fate of 41, including Doctor Fukuyama, unknown.

The enemy, while escorting to their headquarters, robbed money, watches, and other treasures of our men and took away their Red Cross arm badges.

The Acting Secretary of State to the Japanese Minister. No. 210.]

DEPARTMENT OF STATE, Washington, July 24, 1905. SIR: I have the honor to acknowledge the receipt of your note of the 20th instant, in which, under the instruction of your government, you request this government to bring to the attention of the Imperial Russian Government a violation of the Geneva convention of 1864, alleged to have been committed by Russian cavalry on May 18 last. Copies of your note and its inclosure have been forwarded to the American ambassador at St. Petersburg, and he has been instructed to transmit them to the Russian foreign office.

No. 42.]

Accept, etc.,

ALVEY A. ADEE.

The Japanese Chargé to Acting Secretary of State Adee.

LEGATION OF JAPAN, Washington, July 29, 1905. SIR: I have the honor to inform you, under instructions, that during the battle of Mukden our First Army seized in the battlefield a copy of Order No. 3, issued at Shui-lo-tai village on February 9, 1905 (February 22), by Colonel Muller, in charge of the First Brigade of the Thirty-first Infantry Division of the Russian army, of which copies of the original Russian text and an English translation are herein inclosed. The attention of the Imperial Government have been especially attracted to the passage of the above order that "the noncommissioned officers and men shall beforehand be instructed to the effect that in advancing if they find en route any Japanese soldiers lying flat, especially those lying on the back, they shall not fail to kill them," because they consider that such a measure is not only not warranted by the necessities of war, but is in direct contravention of the spirit of article 6 of the Geneva convention and article 23 of the "regulations respecting the laws and customs of war on land," annexed to the Hague convention of 1899, which have been adopted by all the nations of the civilized world, with the object of mitigating the unnecessary horrors of war. Even admitting, as is stated in the order, that the Japanese are wont to assume the appearance of wounded and to fire on the Russian skirmishers after allowing them to pass by, there is no ground whatever for justifying the said order, for, without resorting to such drastic and comprehensive measures, there are ways, authorized by the international usage of civilized warfare, of dealing with the alleged cases.

The Imperial Government, therefore, feel constrained again to ask the good offices of the United States in instructing their ambassador at St. Petersburg to call serious attention of the Imperial Russian Government to the grave infraction of the international conventions by the commander of their troops in Manchuria.

Accept, etc.,

EKI HIOKI.

[Inclosure.]

Order No. 3 of the First Brigade of the Thirty-first Infantry Division of the Russian army. (Issued at Shui-lo-pa-tai village, February 9, 1905.)

In order to set up marks indicating the road leading from the first line of positions to the dressing station each regiment shall prepare small white flags with the greatest expedition, their poles to be of such height as not to stand higher than one and one-half arshine above the ground. The One hundred and twenty-second and One hundred and twenty-first Regiments shall erect these flag poles at various points between Huang-ti village and Erh-tai-tzu village, and between the latter place and Tien-shui-pao village, respectively.

Against the 11th instant ordinary rations shall be provided besides the midday meal and a pound of beef for each man. In the case of forward movement noncommissioned officers and privates shall each carry their knapsacks, a bag of hard biscuits, tea, sugar, a small pan, and a pair of warm boots. All other articles shall be left in the lodgings.

Each company shall carry at least four ladders not more than three arshines in length. Each battalion in the reserve corps shall carry empty bags for making earthbags, which will be necessary when a village shall have been occupied. These empty bags may also serve the purpose of deceiving the enemy by putting them on our winter caps.

The noncommissioned officers and men shall beforehand be instructed to the effect that in advancing, if they find en route any Japanese soldiers lying flat, especially those lying on the back, they shall not fail to kill them, for the Japanese are wont to assume the appearance of wounded and to fire on our skirmishers after allowing them to pass by. Warning shall also be given in the sense that no faith is to be put in such voices as "Come on," "Hitherto", "Friend," etc. (especially on a dark night), for Japanese soldiers are so crafty as not only to make these utterances but also sometimes to announce even the numbers of our companies. In order to distinguish friends from foes watchwords shall be used. Such watchwords shall contain one or two "l's," for example, "lyulka," for this soft sound being absent in the Japanese language, the enemy is unable to pronounce it. The regiments shall each offer prayers to-morrow.

(Signed)

Inspected by:
Lieutenant

COLONEL MULLER,

In charge of the First Brigade of the Thirty-first Division of Infantry.

Acting Adjutant of the One Hundred and Twenty-second Regiment of Infantry.

The Japanese Chargé to Acting Secretary of State Adee.

LEGATION OF JAPAN, Washington, July 29, 1905. SIR: Referring to my note No. 42 of to-day's date, relative to the case of an infraction of the international conventions by the commander of the first brigade of the thirty-first division of the Russian army in Manchuria, I have the honor to inform you that I am instructed by the Imperial Government to bring the case in question to the special notice of the United States Government as one of the signatories of the Geneva and Hague conventions.

Accept, etc.,

EKI HIOKI.

No. 67.]

The Japanese Minister to the Secretary of State.

LEGATION OF JAPAN,

Washington, October 27, 1905. SIR: Under instructions from my Government, I have the honor to inclose herewith a copy of the English translation of a report received by the Imperial Government from the commander of the Japanese army in the island of Saghalien, accompanied by a supplementary statement of the superintendent of the field hospital attached to the said army," regarding disregards and violations of the laws and customs of war by the Russian army during engagements which recently took place in the island.

I beg leave to add that, in the belief of the Imperial Government, conducts and practices of the Russian army, as stated in the abovementioned report, constitute grave offenses against stipulations of the Geneva and Hague conventions, of which Russia is one of the signatory powers; and it is with this belief in view that the Imperial Government desire to bring the above to the notice of the United States Government and invite their consideration thereof, so that the matter may be made a subject of international discussion at such an opportunity as might present itself in future.

Accept, etc.,

K. TAKAHIRA.

[Inclosure-Translation.]

REPORT OF THE COMMANDER IN CHIEF OF THE SAGHALIEN ARMY REGARDING VIOLATIONS AND DISREGARDS BY THE RUSSIAN ARMY OF THE LAWS AND CUSTOMS OF WAR.

A considerable portion of Russian inhabitants of the island of Saghalien consists of criminal exiles. It was from among these undesirable inhabitants that the Russian Government recruited, during last year, their volunteers for the defense of the island. As a result thereof there were, since the time our (Japanese) army landed on the island, numerous instances of disregard and violation of the laws and customs of war on the part of Russians, not only as an individual combatant, but even as an organized army. Their conduct was also against the stipulations of the Geneva and Hague conventions. Military operations of our army were on that account greatly interrupted, and it encountered with no small amount of difficulties in carrying out the rules of war. Of this irregular and unlawful conduct of the Russian troops, in order to invite the attention of the world and also to furnish references for future discussion of the matter, certain conspicuous cases are specially pointed out in the following report:

*

First. Use of dumdum bullets: On July 10, 1905, while engaged in the occupation of Vladimirovka, our army captured from the enemy cavalry rifles supplied with dumdum bullets. It is also clearly proved by the report of the superintendent of our field hospital that on the 11th and 12th of the same month, during the engagement which took place near Dalineye, and on the 22d, when scouts of both armies encountered near Adradonye, the enemy used dumdum bullets.

Besides, a Japanese by the name of Sumita Kametaro, who was found a prisoner among the Russians when the commander of the enemy surrendered on the 16th of July, witnessed three or four Russians carrying rifles to use dumdum bullets, while a considerable number of dumdum bullets were found among the ammunition captured by our army after the engagement near Dalineye.

Second. Abuse or improper use of the Red Cross flag and arm badge: The Russian troops seemed as if they regarded the Red Cross emblem as a necessary fighting instrument to prevent dangers from falling on them, and the abuse they made thereof reached an inconceivable extent.

a Not printed.

Our troops, while invading the headquarters of the enemy, found on many occasions that the latter were displaying a number of Red Cross flags on the roofs of houses which were not employed for the care of the sick or wounded. In one instance, when our army attacked Rykoff, the enemy hoisted a Red Cross flag on the top of an isolated house, about 3,000 meters west of the place, where troops were sheltered under its cover, and, setting machine guns close by the house, fired at our troops. The similar treacherous conduct was repeated in Novomihayloskoe, Onor, and other places.

Besides, there were numbers of Russian soldiers who abused the Red Cross arm badge. On July 10, when our army occupied Vladimirovka, we found that an excessively large number of persons were attached to the eighteenth field hospital of the Russian army there. As it was suspected that volunteers and other combatants were using the Red Cross arm badge to escape danger an investigation was made and it was discovered that there were regular combatants who were carrying Red Cross arm badges. There is no doubt that in the Russian army the use of the Red Cross arm badge was allowed for combatants, which fact was also proved by confessions of Russian soldiers captured by our army. It is also true that in more than one instance Russian troops in their retreat left behind them certain number of combatants wearing Red Cross arm badges and let them make an armed resistance against the advance of our army.

Third. Irregular combatants without wearing uniforms: In spite of a fixed emblem being provided for the Russian volunteers, a part of the enemy's force in the island of Saghalien had no emblem whatever, and there were no means to distinguish them from the ordinary people of the place. For instance, on July 10, when the occupation of Vladimirovka was made, a company of the enemy, consisting of more than 100 soldiers without wearing uniforms, assaulted our advance company. Our company, however, with the assistance of another company, succeeded in taking a large portion of the enemy's soldiers as prisoners. On investigation it was discovered that a great number of volunteers, together with ordinary people who took up arms, were among them. Again, on July 19 a scouting party led by Lieutenant Watanabe (cavalry) was suddenly surrounded at a village called Romanovskoe by Russian volunteers wearing the same clothes as ordinary people and received considerable injury.

Evidently some of the enemy's volunteers were not furnished with any uniform from the outset, while others took off, in their retreat, their emblems and concealed themselves among ordinary people. Owing to such wanton disregard of uniform and emblems on the part of the enemy, which made it impossible to distinguish combatants from ordinary people, our army had great difficulty in conducting its operations. Our army, however, with conscientious regard for the laws of humanity, spared no effort to prevent superfluous injury of war. Fourth. Release of criminal prisoners and their violent conduct: On our army having landed on the island of Saghalien the Russian army released the criminal prisoners kept at Alexandrovsk and several other places. These released prisoners entered upon a course of lawlessness, and as a result the city of Alexandrovsk greatly suffered. When our army occupied the city, as the looting was still rampant there, we organized a guard and put the city under its strict surveillance and protection. In spite of this fact the Russian army circulated the scandalous rumor that the violent disturbance of the city was caused by our army. But the fact that the conduct of those released prisoners was extremely threatening is indisputable, as admitted even by Russian officials and people at Rykoff and other places, where on account of the occupation by our army they escaped the injury of the released prisoners. It is evident, therefore, that the Russian army purposely released the prisoners and attempted to put the blame of their wanton conduct on our army.

Fifth. Inhuman insults inflicted upon the dead and wounded: On the morning of July 27 our cavalry scout was surrounded by Russian troops at a place south of Rykoff and our commanding officer, Lieutenant Watanabe, and five others were killed. From the fact that on their dead bodies there were found more than ten rifle, cutting, and stabbing wounds, and that particularly in the rifle wounds there was powder gas, it is doubtless the Russian soldiers must have either barbarously massacred the wounded or inflicted barbarous insults on the dead. Such conduct is not only against the laws and customs of war, but is a most wanton disregard of the laws of humanity.

Sixth. Exhumation of the buried: In an engagement of August 2 near Lake Tonnaicha Araya Kakusaburo, a soldier of the second grade, belonging to the fifth company of our infantry regiment, was killed. Our army buried the body of the killed in the wood near by and set a post over the grave. Later, on August 10, when our army came back to the same place after attacking the enemy's force thereabouts, it was suspected the grave of the buried had been opened. Subsequently the soldier's seal and pocketbook, which had been buried with the corpse, were discovered in a box containing the private effects of one of the commanders of the enemy's force. Thus it was confirmed that the grave of our soldier who died an honorable death on the field of battle had been opened by the enemy and the dead had been robbed.

No. 231.]

The Secretary of State to the Japanese Minister.

DEPARTMENT OF STATE, Washington, November 6, 1905. SIR: I have the honor to acknowledge the receipt of your note, No. 67, of the 27th ultimo, inclosing a copy of the English translation of a report received by the Japanese Government from the commander of the Japanese army in the island of Saghalien, accompanied by a supplementary statement of the superintendent of the field hospital attached to said army, respecting instances of the disregard and violation of the laws and customs of war by the Russian army during engagements which recently took place in that island.

The Department has taken note of your statement that, in the belief of the Japanese Government, the conduct and practice of the Russian army, as stated in the above-mentioned report, constitute grave offenses against stipulations of the Geneva and Hague conventions, and that it is with this belief in view that the Japanese Government desires to bring the above to the notice of the Government of the United States, and to invite its consideration thereof, so that the matter may be made a subject of international discussion at such an opportunity as may present itself in the future.

Accept, etc.,

ELIHU ROOT.

No. 76.]

EXCLUSION OF JAPANESE FROM VLADIVOSTOK.

[NOTE. See same subject under Russia, p. 832.]

The Japanese Minister to the Secretary of State.

LEGATION OF JAPAN, Washington, November 10, 1905. SIR: I have the honor to inform you that fourteen Japanese passengers who arrived at the port of Vladivostok by the Norwegian steamship Norma were first permitted to land at the said port on the 28th of October, but on the following morning they were ordered by the local police authorities to leave the place and had, therefore, to return home by the next steamer. The reason assigned for the measure thus taken against the Japanese, as it is understood, is that inasmuch as Russians are not admitted to Port Arthur, Japanese should not be allowed to land at Vladivostok. In case of Port Arthur, however, no one, whether Japanese or foreigner, is allowed for the present to enter into the port unless special permission be obtained in advance; thus no discrimination whatever is being made against Russians in this respect, and therefore it is in no way the case of discriminatory treatment intended against any particular nationals as in Vladivostok where, while other foreigners are being admitted, only Japanese have been excluded.

With the circumstance in view, the Imperial Government instructs me to again request your good offices to issue necessary instructions by telegraph to the American commercial agent at Vladivostok directing him to communicate with the Russian authorities there to the end that no such discriminatory treatment against Japanese as above stated will be given hereafter, and to report the result of his action by telegraph. K. TAKAHIRA.

Accept, etc.,