existing circumstances, the lieutenant of His Majesty the Emperor in the Far East finds himself under the necessity of causing mines to be laid at the mouth of the Liao Ho River, near Inkow. Neutral merchant vessels may still be freely admitted into the above-named port on condition that they shall comply with the regulations issued for the purpose. COUNT CASSINI. Be pleased, etc., Count Cassini to Mr. Hay. [Translation.] WASHINGTON, March 30, 1904. Mr. SECRETARY OF STATE: By order of my Government, I have the honor to inform your excellency that the following announcement has just been made by the commander in chief of the Russian fleet in the Pacific Ocean: "Any public or merchant vessel navigating waters in which military operations are carried on and detected at night without ship lights on board or by day without a flag, and which, after warning by the firing of a gun, will not show its colors, will be considered to be an enemy, and sunk.” Be pleased, etc., COUNT CASSINI. PROTECTION OF AMERICAN INTERESTS IN KOREA. Mr. Hay to Mr. McCormick. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, March 2, 1904. (Mr. Hay informs Mr. McCormick that according to press reports the mining districts in Korea near the frontier have been occupied by Russian troops, and although it is believed that all possible consideration and security will be given to neutral Americans and their interests, an assurance in this respect would be acceptable to the United States Government.) No. 95.] Mr. McCormick to Mr. Hay. AMERICAN EMBASSY, St. Petersburg, March 5, 1904. SIR: With reference to the interests of American citizens in any part of Korea now occupied or hereafter to be occupied by Russian troops, I lost no time in laying before the minister for foreign affairs the contents of your cable of March 2, and to-day spoke with him personally on the subject of extending every possible consideration and security to those interests. He assured me, as he had already written, that in the case of occupation of any part of Korea the interests of Americans and all foreign neutrals in Korea would be safeguarded by the military authorities in so far as possible, that limitation in no sense to be taken to indicate that any effort would be spared in the desired direction. I have, etc., ROBERT S. MCCORMICK. Translation of a memorandum left with the Secretary of State by the Russian ambassador March 28, 1904. Japan having openly violated the neutrality of Korea and usurped the power in that country, which has from this fact become the theater of the hostilities, Russia, for her part, finds herself constrained to adopt such measures as the circumstances demand, and deems it her duty to warn all neutral powers of the danger in which vessels calling at Korean ports may be involved through the present development of the war. CONTRABAND OF WAR. SEIZURES OF AMERICAN-CHARTERED VESSELS AND AMERICAN CARGOES BY RUSSIAN NAVAL AUTHORITIES. No. 98.] Mr. McCormick to Mr. Hay. AMERICAN EMBASSY, St. Petersburg, March 9, 1904. SIR: I have the honor to transmit to you herewith the Russian text and translation of the order of His Majesty the Emperor of Russia, communicated to the Senate by the minister of justice, sanctioning the rules to be observed by the Russian Government during the war with Japan. I have, etc., ROBERT S. MCCORMICK. [Inclosure.-Translation.] Ordered of His Majesty the Emperor, February 14, 1904, communicated to the Senate by the minister of justice, sanctioning the rules to be observed by the Imperial Government during the war with Japan. His Majesty the Emperor added at the foot of the original the words "Let it be so." RULES WHICH THE IMPERIAL GOVERNMENT WILL APPLY DURING THE WAR WITHI JAPAN. I. Japanese subjects are allowed to continue, under the protection of the Russian laws, their sojourn and the exercise of peaceful occupations in the Russian Empire excepting in the territories which are under the control of the imperial viceroy in the Far East. II. Japanese trading vessels which were in Russian ports or havens at the time of the declaration of the war are authorized to remain at such ports before putting out to sea with goods which do not constitute articles of contraband during the delay required in proportion to the cargo of the vessel but which in any case must not exceed forty-eight hours from the time of the publication of the present declaration by the local authorities. III. Subjects of neutral powers may continue without obstacle their commercial relations with Russian ports and towns on condition that they shall conform to the laws of the Empire and to the principles of the rights of nations. IV. The military authorities must take all necessary measures to insure the freedom of legitimate trade of neutrals, in so far as they are compatible with the operations of war. V. The following rules must be observed in regard to the commerce of neutrals: (1) The neutral flag protects the enemy's goods, with the exception of contraband of war. (2) Neutral goods, with the exception of contraband of war, can not be seized under the enemy's flag. (3) A blockade, in order to be obligatory, must be effective-that is to say, maintained by a force sufficiently strong to really prevent access to the enemy's shores. VI. The following articles are considered as contraband of war: (1) Small arms of all kind, both portable and of artillery, whether mounted or in parts, as well as armor plate. (2) Ammunition for firearms, such as shells, bomb fuses, bullets, caps, cartridges, cartridge tubes, powder, sulphur, saltpeter. (3) Material and all kind of substances for making explosions, such as torpedoes, dynamite, pyroxilin, various fulminary substances, conductors, and all articles used for exploding mines and torpedoes. (4) All material for the artillery, the engineer corps, and troop trains, such as gun carriages, limbers, cartridge and ammunition boxes, campaign forges, field kitchens, instrument wagons, pontoons, bridge trestles, barbed wire, harness for transport service, etc. (5) Material for the equipment and clothing of troops, such as bandoliers, knapsacks, sword hilts, cuirasses, intrenching tools, harness, uniforms, tents, etc. (6) Ships which are bound to an enemy's port, even if sailing under a neutral commercial flag, if their construction or internal arrangements or any other indication would show that they are built for warlike purposes or for sale or destined to be handed to the enemy upon arriving at their destination. (7) All kinds of ships' machinery or boilers, whether mounted or in parts. (8) All kinds of fuel, such as coal, naptha, alcohol, and such like. (9) Telegraph, telephone, and railway material. (10) In general, everything intended for warfare on land or sea, also rice, foodstuffs, horses, beasts of burden, and others available for warlike purposes if they are transported for account of or intended for the enemy. VII. The following actions, prohibited to neutrals, are considered as violating neutrality: The transport of the enemy's troops, its telegrams or correspondence, the suppiying it of transport boats or war vessels. Vessels of neutrals found to be breaking any of these rules may be, according to circumstances, captured and confiscated. VIII. The Imperial Government reserves the right to depart from the above decisions with regard to a neutral or hostile power which on its part does not observe them, as well as to take measures necessary to fit the circumstances of each individual case. IX. The detailed rules which the military authorities are bound to observe during the war at sea are prescribed in the prize regulations sanctioned by His Majesty the Emperor on March 27, 1895, as well as in special instructions approved by the council of the admiralty on September 20, 1900, relative to the detention, visitation, capture, the conveyance, and the delivery of ships and captured goods. X. The military authorities are furthermore bound to conform to the following international acts signed by Russia: 1. The Geneva convention of the 10th [22d] August, 1864, relative to the improvement of the condition of the wounded in time of war. 2. The St. Petersburg conference on November 29 [December 11], 1868, relating to the prohibition to employ explosive bullets. 3. The acts signed at the International Peace Conference at the Hague on the 17th [29th] of July, 1899, and ratified by His Majesty the Emperor on May 6, 1900, (a) The convention relating to the laws and customs of war on land. (b) The convention for the application to war on sea of the principles of the Geneva convention of the 10th [22d] August, 1864. (c) The declaration concerning the prohibition for a period of five years to throw shells or explosives from balloons or by other means of that kind newly invented. (d) The declaration concerning the prohibition to employ shells the sole object of which is to emit injurious gases. (e) The declaration concerning the prohibition to employ bullets which collapse or flatten out easily on striking the human body, such as bullets with hard envelopes which do not entirely cover the body of the bullet or which bear incisions. Count Cassini to Mr. Hay. [Translation.] WASHINGTON, April 15, 1904. MR. SECRETARY OF STATE: I am instructed by my Government, in order to avoid every possible misunderstanding, to inform your excellency that the lieutenant of His Imperial Majesty in the Far East has just made the following declaration: In case neutral vessels, having on board correspondents who may communicate war news to the enemy by means of improved apparatus not yet provided for by existing conventions, should be arrested off the coast of Kwantung or within the zone of operations of the Russian fleet, such correspondents shall be regarded as spies and the vessels provided with wireless telegraph apparatus shall be seized as lawful prize. Please accept, etc., CASSINI. Mr. Hay to Count Cassini. No. 239.] DEPARTMENT OF STATE, Washington, April 20, 1904. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 15th instant advising this Department, under instructions from your Government, that correspondents communicating war news by wireless telegraphy, who shall be arrested off the coast of Kwantung or within the zone of operations of the Russian fleet, will be regarded as spies, and that vessels provided with wireless telegraph apparatus shall be seized as lawful prize. In taking note of this declaration the Government of the United States does not waive any right it may have in international law in the case of any American citizen who may be arrested or any American vessel that may be seized under it. Accept, etc., Mr. McCormick to Mr. Hay. [Telegram.---Paraphrase.] JOHN HAY. AMERICAN EMBASSY, (Mr. McCormick reports that under the decree of April 23 raw and not manufactured cotton is contraband of war.) No. 141.] Mr. McCormick to Mr. Hay. AMERICAN EMBASSY, SIR: I have the honor to inclose to you herewith a copy of Law Bulletin No. 65, of April 23, 1904, containing, under the No. 744, the ukase of His Majesty the Emperor placing cotton among the articles imperially declared on February 14/27 to be contraband of war. As I have already cabled, the customs authorities informed me, in answer to inquiry made of them, that this decree applied to raw cotton. I have asked through the foreign office that this information be transmitted to me officially, and I have no reason to believe that such official information will be other than that furnished to me in response to the inquiry above alluded to. I have, etc., ROBERT S. MCCORMICK. [Inclosure.--Translation.] EXTRACT FROM LAW BULLETIN NO. 65, APRIL 23, 1904. * No. 744. Cotton recognized as contraband of war. His Majesty the Emperor, on the 8/21 of April, 1904, has imperially sanctioned cotton to be placed among the articles imperially declared on Feoruary 14/27, 1904, to be contraband of war. Mr. McCormick to Mr. Hay. No. 144.] AMERICAN EMBASSY, St. Petersburg, May 25, 1904. SIR: With reference to my No. 141 of May 21, transmitting a copy of the Law Bulletin No. 65, in which was published the ukase of His Majesty the Emperor making cotton contraband of war, I now have the honor to inform you that, in response to an inquiry from me, the additional information has been furnished that the ukase applies to raw cotton and cotton waste. I have, etc., ROBERT S. MCCORMICK. [Circular.] Neutral commerce in articles conditionally contraband of war. DEPARTMENT OF STATE, To the Ambassadors of the United States in Europe. GENTLEMEN: It appears from public documents that coal, naphtha, alcohol, and other fuel have been declared contraband of war by the Russian Government. These articles enter into general consumption in the arts of peace, to which they are vitally necessary. They are usually treated not as "absolutely contraband of war," like articles that are intended pri |