Mr. Goodnow to Mr. Loomis.

No. 601.]

Sir:

* * * * * * *

The commissioner of customs had selected an expert, Mr. W. B. Buyers, who inspected the Grozovoi and the Askold. The taotai decided that many of the repairs specified in Mr. Buyers’s report were unnecessary for seaworthiness. Mr. Buyers reported that it would take eighteen days to repair the Grozovoi and twenty-eight days to repair the Askold. The taotai scrutinized the report and decided upon what, he considered as necessary for seaworthiness, and found how long it would take to patch (not permanently repair) the holes in the hull, so that the boat would be capable to go to Vladivostok or Port Arthur. He decided that repairs to the funnels would only increase the speed and therefore the fighting effectiveness of the boat, and therefore were not permissible, and wrote to the Russian consul-general as I have telegraphed above.

* * * * * * *

[Page 141]

I hand you herewith translations of the taotai’s two dispatches, which he wrote to me as senior consul, asking me to bring the matter before the consular body.

* * * * * * *

A Japanese torpedo boat came in here late in the afternoon of the 21st, but simply brought dispatches from their fleet outside and returned the next morning with dispatches and orders to the fleet.

The Standard Oil Company’s plant is immediately adjacent, with only a party wall between, to the dock where the Askold is being-repaired. It is a very valuable plant, which they use as a distributing center for their trade.

* * * * * * *

It seemed necessary to the consuls that, as the Chinese were attempting to disclaim responsibility, we should agree on the facts of the proceedings up to that time. We found that the Grozovoi came in August 12 and anchored; went to jetty August 14, and began repairs August 18. That the Askold came in August 12, began repairs on the 13th, and went into dock on the 14th. That on August 17 the commissioner of customs and experts visited both boats and made their verbal report to the taotai on the 18th and written report on the 19th. They reported that the dock company estimated eighteen days for repairs to the Grozovoi and twenty-eight days for the cruiser. No copy of this report was sent to the Russian consul-general. That on August 19 the taotai notified the Russian consul-general that the boats had then been in Shanghai seven days, and that he would require the Grozovoi to leave within twenty-four hours, and the Askold within forty-eight hours should complete repairs and go out within twenty-four hours thereafter. This demand was refused by the Russian consul-general. That on August 20 the taotai wrote to the senior consul for the information and action of the consular body, and disclaimed further responsibility for anything that might happen. That on August 22 the taotai received instructions from the Waiwu Pu, and notified the Russian consul-general that both boats should complete repairs by noon of the 23d and leave immediately thereafter. The taotai wrote this to the consular body for their information and action.

As the taotai in his letter said that “if anything unexpected happens in Shanghai the responsibility must rest with the Russian Government and will be no concern of China,” the consular body was unanimously of the opinion that a letter should be sent to the taotai to point out that the Chinese authorities could not, on their own motion, divest themselves of their duties as a sovereign state to maintain neutrality in this port. I hand you herewith a copy of the letter written.

* * * * * * *

As the Russian consul-general had refused to go out on the 23d, and as the repairs were all being executed by a British company, over which the taotai had no control, the taotai made the request to the British consul-general, who, he had reason to believe, would order the work stopped. Should the dock company have refused to obey the order, the taotai was prepared to forbid all Chinese workmen from further work on the vessels. The British consul-general, after consultation with the Russian consul-general, notified the taotai and the [Page 142] Russian consul-general that he would stop the work on the 24th, but before that time further action was taken by the Chinese Government.

* * * * * * *

I had been in constant communication with Admiral Stirling and had given him, for his information, copies of telegrams I sent you, which conveyed the facts as I knew them. I had also duplicated the telegrams I sent you to Minister Conger and have also sent him copies of the various dispatches that I am sending you on this subject. I will also send him a duplicate of this letter.

In thinking over the situation and reading the various documents in connection therewith it seems to me that I had been carrying out, before I received your telegrams, the line which you indicated in them. I had said to the consular body immediately on the opening of the meeting of the 22d that nothng which I should say could be construed as relieving anyone of their just responsibility, and I disclaimed for Admiral Stirling, on his authority, any idea of becoming a guardian of Chinese neutrality by the fleet at Woosung. Since the incident has closed I have received the personal thanks of the taotai, the Japanese consul-general, and the Russian consul-general.

I hand you herewith copy of the taotai’s letter of the 24th, conveying to me the information as to the extension of time, and copy of his letter informing me of the final settlement.

I am, etc.,

John Goodnow.
[Inclosure.]

Yuan Taotai to Mr. Goodnow.

Re russian vessels of war in shanghai.

Some time ago I received a dispatch from the Japanese consul-general that he was in receipt of a telegram from the Japanese minister of state instructing him with regard to Russian vessels of war which entered Shanghai, that, twenty-four hours having elapsed, China should at once order them to leave the port, and in case of refusal to comply with the request they should be dismantled and assigned a certain place where they should remain till hostilities had ceased.

If China could not make up her mind to this Japan would take the matter in hand and settle it.

I therefore sent to the Russian consul-general the telegraphic instructions sent me by the Wai-wu-pu ordering the dismantling of these vessels of war and getting from the Russian officers and men a bond that they would not engage in further fighting and hand over the boats to the Chinese Government for safekeeping. I wrote also to you, the honorable consul-general, about the matter to take note of, which is on record.

Later the Russian consul-general stoutly maintained that since the cruiser Askold and torpedo destroyer Grosovoi came for the purpose of repairing damages received they had a right to enter the port to complete the repairs and to leave the port, and he would not consent to their being dismantled.

I am aware that in the Waiwu Pu’s rules of neutrality the right is granted to repair damages to vessels of war belonging to nations at war with each other, but such repairs should only be to the extent to enable the injured boat to reach the nearest port, and that the limit of time in port should be fixed by the local authorities.

I therefore sent word to the commissioner of customs asking him to send an officer to make an inspection and to make an estimate how long repairs should [Page 143] take. I have stated this and I state it again, that we have to go according to rule. For the last ten days repairs have dragged on and there is no telling when the repairs will be finished. I have repeatedly communicated with the Russian consul-general and consulted with him about this matter, but so far no reliable estimate has been forthcoming as to when the work will be completed. I can only act according to rule.

This cruiser has been in dock for many days; the stearing gear is about finished. Forty-eight hours might be given to complete repairs, after which they should leave the port in twenty-four hours’ time. The torpedo boat having already passed the limit of five days as requested by the Russian minister at Peking should not be permitted to go on with repairs, but should leave the port within twenty-four hours, otherwise to be dismantled. I communicated with the Russian consul-general that he should give instructions to comply with my request. The Russian consul-general replied more than once refusing to comply. I was at a loss what further to do and sent my interpreter, Wan, to consult with the consul-general with reference to dismantling the torpedo boat by noon to-day, as the time was up.

The Russian consul-general stoutly maintained that so long as the engineer had not given his estimate with regard to repairs to the boats I could not fix the limit of time (to be granted). He also said that they should not be dismantled, but that each of us should refer the matter to his respective Government, as to what action should be taken. This surely is not bearing in mind the rules of neutrality of my country, which expressly leave the time limit to be determined by the local authorities; under present circumstances this power rests with me, and why should I trifle (or lose time) by reporting to my superiors in office or take the engineer’s estimate to act upon?

Since the Russian consul-general will not accept my plan of action, he evidently does not approve of the rules fixed by the Wai Wu Pu and does not wish for our protection, it looks as if he meant to break up our neutrality.

Supposing anyone intended, like the Russian consul-general, to bring to naught our neutrality, or that a Russian man-of-war entering the harbor should meet with the unexpected, it surely will then be no longer any concern of ours. Russia must herself bear the responsibility.

Shanghai being an international commercial metropolis, it will be affected by this not a little. Complications arising therefrom should also be on the shoulders of Russia.

Besides sending a dispatch to the Russian consul-general, I beg to express my lasting gratitude for the good word from the American Government, which I heard when war broke out between Japan and Russia—i. e., that the United States is willing to uphold our neutrality, and the knowledge that its consul-general (Goodnow) is at all times ready to uphold justice.

We have now to deal with the fact that Russian vessels of war refuse to comply with our rules and are unwilling to accept my country’s protection, with intent of upsetting our neutrality.

I can not but bring this matter in detail to your notice and send this dispatch to you, the honorable senior counsel, to make it known that if anything unexpected happens in Shanghai the responsibility must rest on the Russian Government and will be no concern of China.

I beg to ask you to bring this to the knowledge of the consular body for their information and action.

A necessary dispatch.

[Inclosure 2.—Translation.]

Yuan Taotai to Senior Consul Goodnow.

Re russian boats in shanghai.

Referring to the Russian torpedo boat which did not leave the port within the prescribed time, nor disarm—intent on breaking our neutrality—I sent you yesterday a dispatch to make it understood that in the event of any unexpected difficulties arising in consequence of the Russian war vessels being in Shanghai, leading to complications or loss to neutrals, the Russian Government should be [Page 144] held responsible and would be no concern of China. I pressed the Russian consul-general and asked you, the honorable senior consul, to bring the matter before the consular body, which is on record.

I am now in receipt of the following telegram from the viceroy at Nanking:

“The Russian boats having delayed again and again and planned to make repairs which would affect the war and make it difficult for us to keep neutral, order them strongly (force them) to disarm to-day when the time is up. If they refuse to do so, the Russians will themselves be breaking international law, and if Japanese war vessels come in and a fight ensues it will not concern China (any longer). Whatever complications may arise from this, or to whatever extent mischief be done to this neighborhood, China will certainly not bear the responsibility.”

The viceroy instructs me again to communicate with the senior consul. While in the act of doing so I had the honor to receive the following telegraphic instructions from the Wai Wu Pu:

“Grant the Russian boats forty-eight hours from noon of the 11th day of the 7th moon (August 21, 1904) to complete repairs; they must then leave port at once. If they refuse to do so, allow no more repairs; disarm them forthwith.”

I had further telegraphic instructions from the viceroy at Nanking to again communicate with the Russian consul-general and ask him positively whether the two boats would leave the port or not. In case they meant to leave the port repairs must be made promptly, not to extend beyond noon of the 13th day of the 7th moon (August 23). If they do not mean to leave port no repairs would be allowed, but are to be immediately disarmed.

Besides sending a dispatch to the Russian consul-general to attend to this matter quickly and let me have a reply, I write again to you, the honorable consul-general, in order that you may inform the consular body to take note of and to take action.

A necessary dispatch.

[Inclosure 3.]

Senior Consul Goodnow to Yuan Taotai.

I have to acknowledge receipt of your letter of August 20 (received August 21) and of August 21 (received August 22), regarding the Russian men-of-war in Shanghai, and stating the time limit the Chinese Government had placed on their stay in Shanghai, and disclaiming responsibility for any unexpected thing happening in this matter hereafter, and saying that you write this to the consuls for their information and action.

The various consuls will at once inform their governments of the facts in this matter, and will then await instructions. I am instructed, however, in the meantime (the Japanese and Russian consuls-general not voting) to point out that the Chinese authorities can not divest themselves of the duty or preserving the neutrality of the port.

[Inclosure 4.—Translation.]

Yuan Taotai to Senior Consul Goodnow.

Re russian war vessels in shanghai.

At 10 p.m. of the 23d of August I had the honor to receive the following telegraphic instructions from the Waiwu Pu:

“The time limit granted to the Russian war ships will be up to-day. As these ships have not left the port and have not disarmed, they are breaking the rules of neutrality. On inquiry we have learned that they require two or three days more to complete repairs, and that it is difficult for them to leave the port on account of the lowness of the tide. You may extend the time limit four days, from noon of the 23d of August, within which time they must hurry repairs to make said ships seaworthy. They must positively finish repairs by the 27th of [Page 145] August, and they should leave the port promptly at noon of the 28th August, when the tide comes in. We have written to the Russian minister at Peking and instruct you to inform the consuls.

Besides sending a dispatch to the Russian and British consuls-general, that they may instruct these war vessels and inform Messrs. Farnham, Boyd & Co. as to the extension of time and to push the repairs to the extent of making the ships seaworthy, and that the work on them must be finished by the 27th of August and leave port before noon of the 28th of August, I send this dispatch to you, the honorable consul-general, that you may take note of it and inform the consular body, that action may be taken accordingly.

[Inclosure 5.—Translation.]

Yuan Taotai to Senior Consul Goodnow.

On the 14th day of the 7th moon (August 24, 1904) I received a dispatch from the Russian consul-general to the effect that he had received a dispatch from the admiral in command of the war ships in Shanghai, informing him that by Imperial ukase the cruiser Askold and the torpedo-boat destroyer Grosovoi are to be disarmed. It is accordingly decided that at 7 o’clock p.m., August 24, the two ships are to take down their flags, when disarmament is to begin and the soldiers are to be removed therefrom.

With regard to repairs, instructions were received from the minister of the admiralty that they should proceed as before, and that the local Chinese authorities be informed on the point and consulted as to the details of disarming.

As to the sailors on these two boats, part of them are at once to be sent home, as was done in the case of the Mandjur.

The Russian consul-general therefore asks me at once to take steps for the protection of these two boats and intimates that from the time their flags are taken down and the soldiers removed the safe-keeping of the two ships and the responsibility therefor will entirely rest with the Chinese Government.

The consul-general asks me to inform the commissioner of customs and to ask him to confer with the Russian consul-general as to the procedure in disarming the two boats.

The consul-general has already wired for instructions and as soon as he receives a reply the matter can be settled.

Since the Russian war ships have observed the neutrality determined on by my country, and (begin to) disarm, it is but right that China should take care of the two boats left in this port and protect them, and we will do our utmost to maintain the principles of neutrality.

Besides writing to the Japanese and British consuls-general and asking the commissioner of customs to send an officer (or officers) to the Russian boats to have them properly disarmed and to have the goods stored, I send this dispatch to you, the honorable senior consul, with the request that you will take note of it and to inform the consular body, that they may act accordingly.

A necessary dispatch.