"That the Russian war ships should be called upon to take immediate departure from Shanghai. If they are really unable to so leave on account of their damages, two days' repairs should be permitted to them just to make them seaworthy. In case, however, they are unwilling from the beginning to leave Shanghai, they should be disarmed without making any repairs and detained in the port until the conclusion of the present war. "In the event of China's failure to enforce either of the three alternatives above set forth the Japanese Government would take such measures of selfprotection as they may deem necessary, and responsibility for the consequences will rest solely with China." In view, however, of the difficult position under which the Chinese Government were laboring, the Japanese Government consented to fix the 21st of August, noon, as the time upon which two days' period above alluded to to commence, and the Chinese Government assured the Japanese minister to at once take the necessary steps vis-a-vis the Russian minister in China and the Taotai of Shanghai in the sense desired by Japan. It was with great surprise that the Japanese Government learned, through their minister in Peking, that, notwithstanding the assurances given, as above stated, the Chinese Government granted on the 23d instant further extension of time for the completion of repairs and departure of the ship until noon of the 28th instant. Against such extension the Japanese Government have protested and declared that they would be compelled to have recourse to such action as they consider proper and that the responsibility for the consequences would rest entirely with China. The foregoing are the most important facts of the case. Beyond question they constitute a grave infraction of the neutrality of China to the serious prejudice of the belligerent rights of Japan. Having in view, however, the special interests of the powers in the port of Shanghai, the Imperial Government have exercised in the present instance, as they did in the case of the Mandjur, a degree of forbearance and restraint under great provocation, which is, they believe, sufficient proof of their earnest desire not to disturb the orderly state of affairs at that place. But it is not to be expected that the Imperial Government will consent to an indefinite continuation of a condition of things which constitutes a grave menace to their warlike operations as well as to their commerce. But having regard to interests of the powers involved in the maintenance of the orderly state of things in the port of Shanghai, the Imperial Government think it right to bring the actual state of things to their attention before the exigencies of the situation will compel them to take final action. (NOTE. For further correspondence relating to the Chefoo and Shanghai incidents, see under China, page 136.) NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN RUSSIA AND JAPAN. Mr. Hay to Mr. Takahira. DEPARTMENT OF STATE, MY DEAR MR. MINISTER: In a communication dated the 14th ultimo the Secretary of the Navy inclosed a letter from the commandant of the Mare Island Navy-Yard, transmitting copies of circulars received in an envelope from the consulate-general of Japan at New York City, addressed "To the Japanese serving in the United States Navy," soliciting subscriptions to Japanese bonds, contributions to the relief fund for Japanese soldiers and sailors, and in aid of the Red Cross Society of Japan. In view of the President's proclamation of neutrality, the Secretary of the Navy asked whether the circulars should be forwarded. While Japanese in the United States doubtless have a right to subscribe to Japanese bonds or to contribute to relief and Red Cross Society funds of Japan, yet it is undesirable that such contributions should be sought through the naval official channels of this Govern ment. Pursuant to these views, the commandant of the Mare Island Navy-Yard has been instructed not to forward to the Japanese serving in the United States any circulars of the character above described. I now bring the matter to your attention with the request that you will inform the consular officers of Japan in the United States of the attitude of this Government in the matter. I am, etc., Mr. Takahira to Mr. Hay. JOHN HAY. LEGATION OF JAPAN, Washington, May 6, 1904. MY DEAR MR. SECRETARY: I beg to acknowledge the receipt of your note of the 5th instant with reference to the circulars sent from the consulate-general of Japan at New York to the commandant of the Mare Island Navy-Yard and transmitting copies of circulars addressed "To the Japanese serving in the United States Navy," in which subscriptions to Japanese bonds, and contributions to relief funds for Japanese soldiers and sailors, and in aid of the Red Cross Society of Japan are solicited. Noting what you say concerning the undesirability of forwarding such communications through naval official channels, I shall communicate with the consul-general of Japan at New York upon the subject and give him the necessary instructions in the premises. I am, etc., K. TAKAHIRA.. [Translation of the telegram received by the Japanese minister from Baron Komura. Handed to Mr. Adee by Mr. Takahira September 13, 1904.] Mr. K. Uyeno, Japanese consul at San Francisco, telegraphs that the Russian auxiliary cruiser Lena, with the crew of 500 men and armament of 27 quick-firing guns, has entered the harbor of San Francisco, the object of which is said to be for repairs of her boilers and engines. You are hereby instructed to call the attention of the United States Government to the above fact as reported, and to say to the Secretary of State that the Imperial Government expect that appropriate measures regarding the matter will be taken by the United States Government without delay. No. 169.] Mr. Adee to Mr. Takahira. DEPARTMENT OF STATE, Washington, September 15, 1904. SIR: I have the honor to advise you that the President has to-day, through this Department and the Department of the Navy, issued an order directing that the Russian armed transport Lena, which arrived in the harbor of San Francisco on the 11th instant, be taken in custody by the naval authorities of the United States and disarmed. The conditions prescribed by the President for disarmament are that the Russian vessel be taken to the Mare Island Navy-Yard and there disarmed by the removal of small guns, breechblocks of large guns, small arms, ammunition and ordnance stores, and such other dismantlement as may be prescribed by the commandant of the navy-yard; that the captain give a written guaranty that the Lena shall not leave San Francisco until peace shall have been concluded; that the officers and crew shall be paroled not to leave San Francisco until some other understanding as to their disposal may be reached between the Government of the United States and both the belligerents; that after disarmament the vessel may be removed to a private dock for such reasonable repairs as will make her seaworthy and preserve her in good condition during her detention, or may be so repaired at the navy-yard if the Russian commander should so elect; that while at a private dock the commandant of the navy-yard at Mare Island shall have custody of the ship, and the repairs shall be overseen by an engineer officer to be detailed by the commandant of the navy-yard; and that, when so repaired, if peace shall not then have been concluded, the vessel shall be taken back to the Mare Island Navy-Yard and be there held in custody until the end of the war. It is further to be understood that the cost of repairs, of private docking, and of the maintenance of the ship and her officers and crew while in custody is to be borne by the Russian Government, but the berthing at Mare Island and the custody and surveillance of the vessel is to be borne by the United States. The President has taken this action upon the written request of the commander of the Lena, addressed to Rear-Admiral Goodrich, setting forth that, as the vessel is incapable of putting to sea without needful repairs, she must disarm, and asking that needful repairs be permitted after disarmament. Be pleased to accept, etc., ALVEY A. ADEE, Mr. Takahira to Mr. Adee. No. 74.] LEGATION OF JAPAN, Washington, September 16, 1904. SIR: In regard to the disposal of the officers and crew of the Russian armed transport Lena after her disarmament, as referred to in your note of the 15th instant, I have the honor to inform you that I have received to-day from His Imperial Majesty's minister for foreign affairs telegraphic instructions to the effect that I should inform the Government of the United States the desire of the Imperial Government to have the said officers and crew detained in the territory of the United States until the end of the hostilities. In making the above communication to you I beg leave to express my earnest hope that the Government of the United States will find it agreeable to take into their favorable consideration the desire of my Government as above mentioned. Accept, etc., K. TAKAHIRA, No. 170.] Mr. Adee to Mr. Takahira. DEPARTMENT OF STATE, Washington, September 17, 1904. SIR: I have the honor to acknowledge receipt of your note of yesterday's date, in which, with regard to the disposal of the officers and crew of the Russian armed transport Lena after disarmament, as referred to in my note of the 15th instant, you advise me that you received yesterday instructions to inform the Government of the United States of the desire of the Imperial Government to have the said officers and crew detained in the territory of the United States until the end of the hostilities. In making the above communication to me you express the earnest hope that the Government of the United States will find it agreeable to take into favorable considertion the desire of your Government as above mentioned. In reply I have the honor to state that the President, exercising his prerogative in carrying out the neutrality proclaimed by him, had already, before the receipt of your communication, taken the appropriate steps to detain the officers and crew of the Lena in this country until peace shall have been concluded, unless in the meantime the belligerents shall have concurred in proposing to him other arrangements in this regard. Be pleased, etc., ALVEY A. ADEE, (NOTE. For further correspondence on this subject see under Russia, p. 780.) PROTECTION OF JAPANESE INTERESTS IN RUSSIA. [Telegram received by the Japanese minister from his Government on February 7, 1904. Handed to the Secretary of State.] See the Secretary of State as soon as possible and ask him whether the United States Government, if Russia consents, will permit its embassy in St. Petersburg and its consulates in various places in Russia to assume charge and protection of the Japanese subjects and interest in Russia. You will add that the Imperial Government retain lively appreciation of friendly offices extended to them by the United States during the China-Japanese war, and they venture to hope that nothing will prevent the United States from acting for them in a similar capacity in the present instance. KOMURA. Mr. Hay to Mr. Takahira. DEPARTMENT OF STATE, Washington, February 9, 1994. DEAR MR. MINISTER: I learn from our ambassador at St. Petersburg that the minister of foreign affairs has informed him that the Emperor of Russia sees no objection in the way of our representa tives looking after Japanese interests upon the withdrawal from Russia of all diplomatic and consular representatives of Japan. The necessary instructions will be issued at once. Very sincerely, yours, JOHN HAY. Baron Komura to Mr. Takahira. (Memorandum of telegram left at the Department February 16, 1904.) You are hereby instructed to express to the Secretary of State cordial appreciation of the Japanese Government for the friendly action of the United States Government in permitting its diplomatic, consular, and commercial representatives to take charge of Japanese interests in Russia, etc. I have the honor to state that the Japanese subjects who have returned to Japan through the efforts of the United States consul at Niuchwang and the United States commercial agent at Vladivostock are deeply grateful for the kindness shown and the assistance rendered by those officials, and I am instructed to extend to the United States Government in the name of the Imperial Government most cordial thanks for the good offices thus rendered. Accept, etc., K. TAKAHIRA. Mr. Takahira to Mr. Hay. No. 14.] LEGATION OF JAPAN, Washington, March 19, 1904. SIR: With reference to my conversation with you on Thursday last, the 17th instant, I beg herewith to hand to you a copy of telegram which was received by Baron Komura, His Imperial Japanese Majesty's minister for foreign affairs, from Mr. Inouye, the Japanese minister at Berlin, in regard to a number of Japanese residents in Siberia now suffering from untoward treatment of the Russian police authorities, and consequently requesting protection and assistance to enable them to return to Japan. I am now instructed to request that the United States Government will have the goodness to instruct His Excellency Ambassador McCormick to take necessary steps to the end that those Japanese subjects now in Russia who are destitute and desire to return to Japan may be sent to Berlin, as the Japanese legation in that city will be prepared to take charge of them. As to the amount of the expenses required for the journey of those Japanese subjects from Tsita to |