[Inclosure 1.-Translation.] Cablegram from the Waiwu Pu, dated February 12, 1904. An Imperial decree has this day been received, which reads as follows: Whereas in view of the friendly relations existing between this government and the governments of both of the said countries, it behooves China to take proper steps for the maintenance of a strict neutrality: We hereby command, therefore, the Manchu generals, governors-general, and governors of all the provinces that they issue orders to all civil and military officers under their direction, and enjoin all subjects and persons residing within their jurisdiction, to observe a strict neutrality between the contending powers with a view to the preservation of good feeling and general quiet, and to commit no act, intentionally or unintentionally, in violation thereof. We hereby declare and make known this our command. You will please communicate the foregoing to the Secretary of State. [Inclosure 2.-Translation.] A cablegram from the Waiwu Pu, February 12, 1904. Japan and Russia have commenced hostilities. In view of the fact that both are friendly powers, and on account also of a neighborly feeling for each of them, an Imperial decree declaring the neutrality of this government has been issued to all the provincial authorities for their guidance. Strict orders have also been issued for the suppression of local disorders and for the protection of merchants and missionaries. The defense of Mukden and Hingking, where the Imperial mausoleums and palaces are, is intrusted to the duly designated Manchu general. The two powers should permit no injury to be done to the cities, forts, public buildings, lives, and property in the three Manchurian provinces. The Chinese troops originally stationed there are not to attack, or to be attacked by, either party. All the territory west of the Liao River, which the Russian troops have evacuated, is to be occupied by troops under the command of the minister-superintendent of the northern ports (Viceroy of Chihli). In all the provinces and along the borders of Inner and Outer Mongolia, China will observe the laws of neutrality and the two powers will not be permitted to violate Chinese territory or to cross the boundary. Manchuria, however, is still occupied by foreign troops. In territory not already evacuated China is powerless to discharge the duties of a neutral. It is hereby expressly declared that, without regard to the ultimate outcome of the conflict, all the territory in the three Manchurian provinces, with all the rights and prerogatives appertaining thereto, must be restored to Chinese control, and must not be subject to seizure and occupation by either power. The foreign representatives at this capital are duly informed of the contents of this telegram. You will please communicate the same to the Secretary of State. No. 1507.] Mr. Conger to Mr. Hay. AMERICAN LEGATION, Peking, February 17, 1904. SIR: For the enforcement of the neutrality edict the Chinese Government have now published a series of regulations, a copy of which 1 inclose herewith, and have the honor, etc., E. H. CONGER. [Inclosure.] Neutrality regulations. The Chinese Government has adopted the following regulations in definition of its proclamation of neutrality: 1. The troops of the various foreign powers left to secure a clear road to the sea, stationed between Peking and Shan-hai-kuan, are so placed in accordance with the protocol agreed upon by the powers on the 25th of the seventh moon, XXVII year of Kuangsü—that is, September 7, 1901, of the Western calendarand must continue to observe the original intent of the said protocol and must not concern themselves with the present changed aspect of affairs. 2. If any foreigners living within the limits of the neutral territory of this Empire shall secretly supply the belligerents with contraband of war to the prejudice of this country's responsibilities as a neutral, the local authorities must take measures to prohibit it or notify the consular authorities concerned that they may investigate and take action. Chinese officials and people must uniformly observe the following regulations prohibiting actions that interfere with neutrality: 3. Chinese subjects must not meddle in the war nor enlist as soldiers. 4. Vessels belonging to Chinese subjects shall not enlist in the service of the belligerents, nor at their invitation engage in such official services as privateering or transport. 5. It is not permitted one to lease or sell a vessel to a belligerent, nor to load such vessel with munitions of war for a belligerent, nor equip it for such power, nor otherwise assist in such transaction so as to furnish it with such vessel and supplies for use of war or in privateering. 6. It is not allowed to buy up contraband of war for the belligerents nor to manufacture contraband of war within the boundaries (of the neutral territory), to be forwarded for sale to the armies or navies of the belligerents. Goods that are contraband of war are included under the following heads: (a) Cannon shot, lead balls, powder, and all sorts of weapons. (b) Salt peter, sulphur, and all materials used in the manufacture of powder. (c) All vessels that may be used in fighting or materials used in their construction. (d) Official dispatches relating to the war. 7. It is not allowed to transport officers or soldiers for the belligerents. 8. It is not allowed to loan funds to the belligerents. 9. Vessels, except when fleeing from a tempest, may not dare to enter a port blockaded by a belligerent. 10. Vessels entering the area of hostilities may not oppose their being searched by a belligerent. 11. It is not allowed to act as a spy for a belligerent to make report of military conditions. 12. It is not allowed to sell provisions, coal, or charcoal to belligerents in Chinese ports, except that vessels of all sorts belonging to belligerents may purchase such supplies as may be needed for the working of the vessels, subject to the special regulations given below. The rights enjoyed by China as a neutral power are as follows: 13. China maintains diplomatic relations with the two belligerents as heretofore. 14. China is permitted to employ troops to guard her own frontiers. 15. The belligerent powers must not invade that portion of the Chinese Empire which has been declared to be neutral territory. 16. The belligerent powers must not blockade Chinese ports. 17. All passports and certificates issued by China must be recognized by the two belligerent powers. 18. Chinese subjects may still trade with the belligerent countries as usual, and may visit for commercial purposes any place where military operations are not being conducted. 19. It is expected that the belligerent powers will protect all Chinese subjects dwelling within their borders, both in person and property. They must not seize their wealth nor compel them to do military service. 20. Should there be Chinese subjects sojourning within a port blockaded by a belligerent power, this Goverment may send a war ship to give them protection or to take them from the port. 21. Chinese vessels may give transportation to envoys or noncombatant citizens of a belligerent power. 22. Goods of a belligerent country carried in Chinese ships, and Chinese goods carried in ships of a belligerent power, except such as are contraband of war, may pass to and fro without hindrance. 23. Arms and ammunition carried by Chinese ships, if intended simply for self-defense, must not be considered as prohibited. 24. Although Chinese ships may be carrying prohibited goods, if they are being shipped to a neutral country or being brought from a neutral country, they may not be detained. 25. If a Chinese vessel shall have already been seized by a belligerent power it must not at once be confiscated. There must first be an investigation by a court of the belligerent power, and only if there shall have been a violation of prohibitions may the vessel be condemned according to precedent. If there shall have been a mistaken seizure, compensation for damages must be paid by the belligerent power, the amount of such compensation to be determined by the court of said belligerent, 26. China may send officers to observe the military operations, but there must be no interference on their part. Should there be land or naval forces of a belligerent within the limits of that portion of China declared to be neutral territory they must observe the following regulations: 27. Should any of the land forces of a belligerent, owing to defeat, flee across the boundaries into China, they must give up their arms and submit to the restraint of the Chinese officials; they must not presume to move about of their own accord. 28. Should there be any fugitive soldiers of a belligerent power within the borders of China in need of clothing and food, the Chinese Government will undertake to supply them, and at the conclusion of hostilities the said belligerent must make due compensation. 29. Privateers of a belligerent power may not sail into a Chinese port. but such as seek temporary shelter from a tempest, or wish to repair damages or obtain necessary provisions, if there really be no alternative, are exempted from this prohibition. Immediately upon the conclusion of their business they must leave said port. 30. War ships of a belligerent power must not engage in hostilities in any port of China nor seize merchant vessels therein nor make such a port a base for naval operations. 31. Should any war ships or transports of a belligerent desire to enter a Chinese seaport, if it be for no other purpose than that of touching at the port as in an ordinary voyage, they will be permitted to enter such ports as are ordinarily touched at. Within twenty-four hours they must leave. If on account of dangerous weather it be difficult for them to put to sea, or if their repair of damages be not completed, or if the supply of necessary provisions and coals purchased be insufficient to enable them to reach the nearest port, they must obtain an extension of the time limit from the Chinese naval commandant or the local official. Immediately upon the conclusion of their business they must take their departure. 32. War vessels and transports of belligerents must not bring ships which they have captured into a Chinese port. But should they be seeking shelter from a storm or desiring to repair damages or buy necessary provisions, and there really be no alternative course, they shall be exempted from this prohibition, and immediately upon the conclusion of their business they must take their departure. During their stay, however, they must not land their captives nor sell captured vessels or materials. 33. A belligerent power must not attempt to enroll troops in a Chinese seaport nor inland within the boundaries of neutral territory, nor buy arms, ammunition, or other military supplies in such places. If there should be a war vessel of a belligerent repairing damages at a Chinese seaport the work must be such only as may be required to enable it to reach the nearest port. 34. Should war vessels or transports of the two belligerent powers meet in one port, the vessel arriving last must wait until the first vessel shall have left the port one day and one night, and must receive the permission of the Chinese naval commandant or the local official before it may proceed. 35. In matters not fully provided for, the Tartar generals, viceroys, and governors of the various provinces shall, as occasion may arise, investigate the cir cumstances and examine the provisions of international law and direct their subordinates what action to take. From the day on which the above regulations shall be communicated in dispatches and published they shall be of force, and action must at once and uniformly be taken in accordance with them. There must be no disobedience. No. 341.] Mr. Swenson to Mr. Hay. AMERICAN LEGATION, Copenhagen, May 9, 1904. SIR: I have the honor to transmit herewith copies, together with translations, of a notice issued February 10, 1904, and a proclamation dated the 27th ultimo, both bearing on the neutrality of Denmark in the present war between Russia and Japan. The latter document has been formulated after an interchange of views between the Governments of Denmark, Sweden, and Norway. There was a desire to secure a uniformity in rules to be adopted, and this has been accomplished with one or two minor exceptions. You will observe that the Danish decree specifically concerns itself with the "Present war between Russia and Japan," whereas the Swedish, as I understand, is drawn so as to be applicable in any war, omitting reference by name. A number of ports are declared closed to warships belonging to the belligerents; which is not the case in Denmark. Whereas we have decided to preserve a strict neutrality during the present war between Russia and Japan: Now, therefore, we, Christian IX, by the grace of God King of Denmark, etc., in order to enforce such neutrality, make the following decree : PARAGRAPH 1. If warlike operations should extend to the vicinity of Denmark, the inner waters south of Sealand limited by the meridians of Omö and Stege shall be closed by means of stationary submarine mines; and ships of war belonging to either belligerent shall not be permitted to enter these waters nor the roadstead and harbor of Copenhagen, except in evident stress of weather, in which case such entrance shall be made public. PARAGRAPH 2. With the above exceptions, the war ships of either of the belligerents may enter all Danish ports. They must not, however, while in such ports, take in any supplies except provisions and such other things as may be requisite for the subsistence of their crews or for such repairs as are necessary for safe navigation. Urgent repairs, intended to make navigation safe, may be undertaken in such ports; but no acts intended to augment the military force of such ships will be permitted. The visit must not extend over a longer period than twenty-four hours, unless stress of weather, lack of provisions, or repairs neces sitate a longer stay; in either of which cases the ship shall be required to put to sea as soon as possible after the cause of the delay has been removed. So much coal only may be taken in as may be necessary to carry such vessels to the nearest nonblockaded home port, or, with permission from the proper Danish authorities, to some other neutral destination. No ship will be permitted, without special authorization, to coal in any Danish harbor or roadstead more than once in the course of three months. During the visit the existing sanitary and police regulations, as well as others that later circumstances may render necessary, must be strictly observed. The belligerents must not commit hostile acts in Danish harbors or waters or make use of the same as base for operations at sea against each other or for the purpose of facilitating such operations. Nor must they use such harbors or waters for augmenting or renewing their military equipment or for recruiting purposes. No warship belonging to either of the belligerents shall be permitted to leave a Danish harbor, roadstead, or bay from which a ship (whether it be a warship or a merchant vessel) belonging to the other belligenent has departed before the expiration of at least twenty-four hours from the departure of such last mentioned vessel. PARAGRAPH 3. Privateers will not be permitted to enter Danish harbors nor to lie in a Danish roadstead. Prizes must not be brought into a Danish harbor or roadstead except in evident case of stress, nor must prizes be condemned or sold therein. PARAGRAPH 4. Hostile ships have free access to the harbors and waters of the country, and may take in such supplies as may be needed for the prosecution of their work. PARAGRAPH 5. The belligerents are not permitted to maintain coal depots on Danish territory. It is forbidden to clear from Danish harbors cargoes of coal directly destined for the fleets of the belligerents. This injunction does not, however, apply to coal brought from a harbor to the outlying roadstead intended to be used in compliance with the above provisions of paragraph 2, section 2. PARAGRAPH 6. Under penalties imposed by the law of February 13, 1904, relating to acts that endanger the neutrality of the country, the following acts are forbidden to be done by Danish subjects: 1. Cooperating in any act involving a violation of the provisions contained in the above paragraphs 1-3 and in paragraph 5. 2. In any capacity to enter service, in or from Danish territory, on board government vessels of the belligerents, including, except in peril of the sea, the towing of the warships or military transports, or rendering them any other assistance in navigation, or piloting them beyond Danish pilots' waters. Pilots duly authorized by the state will, however, be permitted, within their respective districts, to pilot such ships in the water thoroughfares Kattegat, the Sound, and the Belts, as well as into and out of a harbor. 3. On Danish territory, to construct or reconstruct for, sell, or in any other way, directly or indirectly, transfer to the belligerent powers ships which are known or suspected to be intended for use in war, as well as to cooperate in any way, on or from Danish territory, in the fitting out of such ships or in preparing them for warlike enterprises. 4. On or from Danish territory, to aid either of the belligerents in their warlike enterprises; as, for instance, by supplying their ships with articles that are considered contraband, or by undertaking any work that is intended to augment the armament of their ships or to increase the military force. 5. On Danish territory, publicly inviting anyone to take services in the forces of the belligerents, either on land or at sea, or to render them military aid in any other manner. This decree takes immediate effect. Given at Amalienborg, the 27th of April, 1904. Under our royal hand and seal. DEUNTZER. CHRISTIAN R. |