Mr. Griscom to Mr. Hay.

No. 48.]

Sir: I have the honor to transmit herewith for the information of the Department translations of several important ordinances and regulations from the Official Gazette, relating to the state of war now existing in Japan. The translations include the following:

  • Declaration of war.
  • Exemption of Russian merchant ships from capture.
  • Rules governing contraband of war.
  • Regulations for press correspondents with army and navy.
  • Strategical sea areas—Tokyo Bay, Hakodate, Nagasaki, and Kobe.

I have, etc.,

Lloyd C. Griscom.
[Page 414]
[Inclosure. 1.]

declaration of war.

[Official translation.]

(The Japan Times, Tokyo, Thursday, February 11, 1904.)

The following is an official translation of an imperial proclamation issued last night:

We, by the grace of heaven, Emperor of Japan, seated on the throne occupied by the same dynasty from time immemorial, do hereby make proclamation to all our loyal and brave subjects as follows:

We hereby declare war against Russia, and we command our army and navy to carry on hostilities against that Empire with all their strength, and we also command all our competent authorities to make every effort, in pursuance of their duties and in accordance with their powers, to attain the national aim with all the means within the limits of the law of nations.

We have always deemed it essential to international relations and made it our constant aim to promote the pacific progress of our Empire in civilization, to strengthen our friendly ties with other states, and to establish a state of things which would maintain enduring peace in the extreme East and assure the future security of our dominion without injury to the rights and interests of other powers. Our competent authorities have also performed their duties in obedience to our will, so that our relations with the powers have been steadily growing in cordiality. It was thus entirely against our expectation that we have unhappily come to open hostilities against Russia.

The intergrity of Korea is a matter of constant concern to this Empire, not only because of our traditional relations with that country, but because the separate existence of Korea is essential to the safety of our realm. Nevertheless Russia, in disregard of her solemn treaty pledges to China and her repeated assurances to other powers, is still in occupation of Manchuria and has consolidated and strengthened her hold upon those provinces and is bent upon their final annexation. And since the absorption of Manchuria by Russia would render it impossible to maintain the integrity of Korea and would, in addition, compel the abandonment of all hope for peace in the extreme East, we determined in those circumstances to settle the questions by negotiation and to secure thereby permanent peace. With that object in view, our competent authorities, by our order, made proposals to Russia, and frequent conferences were held during the course of six months. Russia, however, never met such proposals in a spirit of conciliation, but by her wanton delays put off the settlement of the question, and by ostensibly advocating peace on the one hand while she was on the other extending her naval and military preparations, sought to accomplish her own selfish designs.

We can not in the least admit that Russia had from the first any serious or genuine desire for peace. She has rejected the proposals of our Government; the safety of Korea is in danger; the vital interests of our Empire are menaced. The guarantees for the future which we have failed to secure by peaceful negotiations, we can now only seek by an appeal to arms.

It is our earnest wish that by the loyalty and valor of our faithful subjects peace may soon be permanently restored and the glory of our Empire preserved.

imperial ordinance relating to the exemption of russian merchant ships from capture.

By Imperial ordinance No. 20, issued on the 9th instant, the rules relating to the exemption of Russian merchant ships from capture were enacted and put into force at once.

  • Article I. Russian merchant ships which happen to be moored in any Japanese port at the time of the issue of the present rules may discharge or load their cargo and leave the country not later than February 16.
  • Article II. Russian merchant ships which have left Japan in accordance with the foregoing article and which are provided with a special certificate from [Page 415] the Japanese authorities shall not be captured if they can prove that they are steaming back direct to the nearest Russian port, or a leased port, or to their original destination; this measure shall, however, not apply in case such Russian merchant ships have once touched at a Russian port or a leased port.
  • Article III. Russian steamers which may have left for a Japanese port before February 16 may enter oar ports, discharge their cargo at once, and leave the country. The Russian steamers coming under the above category shall be treated in accordance with Article II.
  • Article IV. Russian steamers carrying contraband of war of any kind whatever shall be excluded from the above rules.

regulations for war correspondents.

Notification No. 3 of the war department, issued on Wednesday, contains regulations for war correspondents. It runs as follows:

Article 1. Newspaper correspondents who wish to follow the army are required to make application to the department of war, together with a sketch of their antecedents and a document of personal guaranty signed by the proprietor of the newspaper to which they belong.

In case of foreign correspondents their application shall be sent through their respective ministers or consuls and the department of foreign affairs.

Foreign correspondents need only mention in their application the name of the newspaper to which they belong, and dispense altogether with the presentation of sketches of antecedents and papers of personal guaranty.

Article 2. The applicant must have been engaged in journalistic work for not less than a year as a member of a newspaper staff.

Article 3. Foreign correspondents who can not understand the Japanese language may take with them one interpreter each into the field.

Any correspondent requiring an interpreter may engage one himself and present an application on the interpreter’s behalf, accompanied by a paper of personal guaranty for the same.

Article 4. A foreign correspondent, in addition to his interpreter, may engage one more servant when circumstances demand it, the procedure of engagement to be in accordance with the foregoing article.

Article 5. The authorities, when they consider it necessary, may cause the selection of one person to act as joint correspondent for several newspapers.

Article 6. In case any person is allowed to accompany the Japanese forces an official permit shall be given him.

Article 7. The applicants allowed as stated above shall be attached to a “Koto Shireibu “(higher commanding office).

Article 8. Correspondents shall always wear foreign clothes, and to their left arms shall be attached a white band measuring about 2 inches in width, on which the name of the newspaper offices which they represent shall be written in Japanese with red ink.

Article 9. Correspondents shall always carry with them the official permit, and shall, when asked, show it to officers and officials belonging to the Japanese forces.

Article 10. Correspondents shall always observe the rules and orders to be issued by the “Koto Shireibu” so long as they remain with the Japanese forces. In case they disregard the above rules and orders the authorities of the “Koto Shireibu” may refuse to allow them to accompany the Japanese forces.

Article 11. War correspondents will not be permitted to dispatch their communications (whether they be correspondence for publication or private letters or telegrams, etc.) until after their examination by the officer appointed for the purpose by the higher commanding office. No communication containing cypher or symbols will be permitted to be dispatched.

Article 12. The army and its officers will accord, as far as circumstances permit, to the war correspondent suitable treatment and facilities, and, when in the field and in case of necessity, give him food, etc., or at his request, give him transportation in vessels or vehicles.

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Article 13. In case the war correspondent is guilty of a violation of the criminal law, military criminal law, law for the preservation of military secrets, etc., he may be adjudged and punished by the court-martial according to the military penal code.

Article 14. Articles 6–13 are applicable to interpreters and servants.

contraband of war.

[Corrected translation.]

The translation of the regulations relating to contraband of war published in our issue of the 11th instant being incorrect in one or two instances, we print a corrected translation of the same, as follows:

Instruction No. 1 of the department of state for the navy.

It is hereby decided that the undermentioned goods shall be regarded as contraband during the present war between Japan and Russia:

1. The following goods shall be treated as contraband of war in case they are going to pass through the enemy’s territory or in case they are destined for the enemy’s territory or his army or navy:

Arms, amunition, explosives, and the raw materials thereof (including lead, saltpeter, sulphur, etc.) and apparatus for manufacturing them, cement, uniforms, and equipment of military and naval men, armor plates, materials for the construction and equipment of men-of-war and other ships, and all other goods to be used solely for purposes of war.

2. The following goods shall be treated as contraband of war in case they are destined for the enemy’s army or navy, or in case, from the nature of the locality in the enemy’s territory to which they are bound, they may be considered to be intended for the use of the enemy’s army or navy:

Provisions, drinks, horses, harness, fodder, vehicles, coal, timber, money, gold and silver bullion, and materials for the construction of telegraphs, telephones, and railways.

3. Of the goods mentioned in the foregoing two clauses, those which on account of their quality or quantity may be judged to be evidently intended for the use of the ship that carries them shall not be treated as contraband.

Baron Gombei Yamamoto,
Minister of State for the Navy.

[Inclosure 2.]

Regulations governing naval war correspondents.

(Official Gazette, February 12.)

  • Article 1. A newspaper war correspondent desirous to accompany the navy shall make application to the naval staff, Imperial headquarters, for permission.
  • Article 2. A newspaper war correspondent shall obey all orders of the commanding officer of the fleet which he accompanies.
  • Article 3. No communications concerning war shall be sent until after they have been examined by officers nominated for the purpose by the commanding officer of the fleet which he accompanies.
  • Article 4. The commanding officer of the fleet may cancel the permission granted to a newspaper war correspondent.
  • Article 5. Necessary regulations concerning the treatment of a newspaper war correspondent shall be fixed by the commanding officer of the fleet.
  • Article 6. A newspaper war correspondent shall wear European dress and put on a low, round-shaped cap with a vizor, and attach on his left arm a strip (1 sun wide) of white woolen cloth with the characters “* * * paper correspondent” on it.
  • Article 7. A newspaper correspondent shall always carry his permit mentioned in article 1 with him, and shall show it when asked by army or navy authorities.
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[Inclosure 3.—Translation.]

Rules to be observed by vessels passing the Tokyo Bay, Hakodate, and Otaru strategical sea areas. (Issued by the commander in chief of the Yokosuka naval station.)

tokyo bay.

  • Article 1. Vessels passing in or out of Tokyo Bay shall stop their course before they arrive, the former at the line connecting Chiyo-ga-saki on the south side of Uraga Harbor and Kokubo-hana of Awa Province, and the latter at the line connecting Natsu-Shima and the sea fort No. 2, and shall signal their names, make the following signals, and wait the arrival of the guide boat:
    1.
    Steamers shall hoist the signal “want pilo,” and at the same time shall repeat whistles.
    2.
    Sailing vessels shall hoist the signal “want pilot” and blow signal horn.
  • Article 2. In response to the above signals the guide boat shall hoist the “response” flag of the international signal code.
  • When any vessel is to be allowed freedom of movement the guide boat shall haul down the “response” flag.
  • Article 3. The guide boat shall carry at its masthead the pilot flag (white upper, red lower) of the special signals to be used for British vessels as mentioned in the international signal code.
  • Article 4. In passing through the area vessels shall not proceed at a speed of more than 5 knots.
  • Article 5. No vessels are allowed to cast anchor in any part of the area, except in Uraga Harbor.
  • Article 6. Fishing and the taking of sea weeds within the area are prohibited.
  • Article 7. When necessary passage of vessels may for a time be prohibited within the area.
  • Article 8. Vessels of less than 20 tons gross or of less than 200 “koku,” or boats or other craft solely or mainly propelled by oars, may traverse the area without observing the provisions of article 1, subject to such restriction as may at any time be necessary.
  • Article 9. Vessels passing the area at night in violation of article 7 shall do so at the risk of being fired upon by torpedo boats or patrol boats.

N. B.—The regulations for the strategical sea areas of Hakodate and of Otaru are practically the same as the above.

[Inclosure 4.—Translation.]

Rules governing the strategical area at Nagasaki. (Issued by the commander in chief of Sasebo.)

  • Article 1. Vessels which pass in, out of, or anchor in the strategical sea area shall first stop at one of the two places mentioned below, and shall receive from the guard vessel stationed for the purpose directions concerning their movements, beacons, signals, etc.
  • This rule shall not apply to vessels belonging to persons living on the coast of the sea area.
  • Article 2. The places where vessels are required to stop are:
    1.
    When entering the harbor, 1 mile north of Io-jima light-house.
    2.
    When leaving the harbor, one-half mile east of Takahokojima.
  • Article 3. The guard vessel shall be stationed near the two above-mentioned places, and shall carry at its masthead the national flag by day and two white lights abreast at night.
  • Article 4. The guide boat which shall pilot vessels passing the area shall carry at its masthead the pilot flag (white upper, red lower) of special signals to be used for British vessels as given in the international signal code.
  • Article 5. Fishing and the taking of seaweeds within the area are forbidden, except with the permission of the commander in chief of the naval station.
  • Article 6. The sea area is under the charge of the commanding officer of the Nagasaki mining corps.
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[Inclosure 5.—Translation.]

Rules governing the Ki-tan Strait sea area. (Kobe.)

  • Article 1. Vessels passing the Ki-Tan Strait strategical sea area shall hoist the national flag and signal their names given in the list of merchant marine, and at night shall carry lights, as required by the rules of the road.
  • Article 2. Vessels other than those belonging to the navy or army and those that have obtained permission in accordance with these regulations are prohibited from passing the area.
  • Article 3. Vessels passing the area shall stop at the examination station, and after examination and inspection by the guard vessel, shall proceed, hoisting the signal required.
  • Article 4. When it is deemed unnecessary to examine any vessel, and she is to be allowed freedom of movement, the guard vessel will signal the fact by hoisting the “answering” and “A” signal of the international code, and at night by showing one blue light.
  • Article 5. Sailing vessels of less than 20 tons, gross, or of less than 200 “koku,” and other craft principally or solely propelled by oars need not stop at the examining station unless ordered to do so.
  • Article 6. Small vessels mentioned in the preceding article may fish within the area by day; but the guard vessel may prohibit them when necessary.
  • Article 7. Vessels passing the area shall stop during rain or mist, when the landmarks can not be seen, until the weather clears.
  • Article 8. Vessels permitted to pass Ki-Tan Straits between sunset and sunrise must take the channel between Awaji and Oki-no-Shima.
  • Article 9. Vessels which are compelled to pass the area at night shall apply to the commander in chief of the Kure naval station for a permit, stating the reason, certified by the local authorities.
  • Article 10. The examination station is about 5 miles south of the Oki-no-Shima light-house.