Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-22
JAPAN'S CASE STATED
DEFENsE OF THE SEIZURE oE THE
RYESHITELNI. -
Position on the Question Of Neutrality
Of Chinese Ports Set
Forth.

The Japaneke government has given out
a statement defining its attitude In the
capture of the Ryeshitelni and declaring Its
position on the entire question Of Chinese
neutrality as follows:
1.-The status of China in the present strug-
gle Is wholly unique. Nearly all the mill
tary operations are carried on within her
bordeNs She is not party to the conflict.
nevertheless her territories are in part bel
ligerent and in part neutral. That condi-
ton Of things in the contemplation Of inter-
national law is anomaly and a contra
diction. In this case it Is a creature Of q
special understanding to which the bellig-
erents have given adhesion with a view to
limit the area of hostilities in the interest
of foreign intercourse and the general tram
quillity OF China. The Japanese govern
ment engaged to respect the neutrality Of
China outside Of the regions actually in
volved In war. provided that Russia made
a similar engagement and carried it out
in good faith
1.-THE Japanese government considered
that they were precluded by this engage
ment from occupying or making use for
warlike purposes of any kind Of territory
or ports of China outside of the zone which
has been made the theater of war. because
1t peemed to them that any such occupation
would tpse facto convert the places thus
occupied and used from neutral to bellger-
emit territory. 1t equally seemed to them
that any such occupation and use of neu-
trail Chinese territory ports by the Rus
sian forces would give effect to the proviso
In the Japanese engagement and justify
her in considering territory ports so
occupied and used as belligerent. In other
words. the Japanese government held that
China's neutrality is imperfect and appli-
cable only to those places which not
occupied by the armed forces OF either bel
ligerent, and Russia cannot escape the
consequences of an unsuccessful war by
moving its army or navy into those portions
of China which by arrangement had been
made conditionally neutral.
Russian Refuge in Chefoo.
"a Russian warship from Port Arthur
sought in the harbor of Chefoo asylum
from attack. which her home port had
ceased to afford her. In taking that step
she was guilty Of a breach Of the neutrality
of China as Established by the agreement
of the belligerents, and Japan was fully
justified in regarding the harbor of Chefoo
as belligerent so far as the incident In ques-
ton is concerned With the termination Of
the Incident the neutrality Of the port was
revived. The action taken by Japan at
Chefoo was direct natural consequence of
RusSia's disregard of her engagement, but
1t is not alone in this matter nor alone in
the Chefoo matter that Russia has fragrant
ly violated China's neutrality and ignored
her own engagements.
Shortly after the investment and isola-
ton of Port Arthur system of wireless
telegraphy was installed between the be-
leaguered fortress and the Russian con-
sulate at Chefoo. The system is still In
operation, Notwithstanding the repeated
protests of the Japanese government. AT
Shanghai at the beginning of the war, the
Russian gunboat Mandjur, In defiance Of
Chinas neutrality remained in the port
for weeks after receiving notice to leave.
Finally. after long negotiations, she con-
scented to disarmament.
Again the Russian cruiser Askold ard
the destroyer Grozovoi have now been at
Shanghai for more than a week and still
refuse to disarm leave. The Japanese
government has no intention of disregard
ing China's neutrality so long it is re-
spected by Russia, but they cannot con-
sent that Russian warships as a result of
a broken engagement and violated ncu-
trality, shall unchallenged find in the har-
bors of China safe refuge from capture
or destruction.
1.-The statement of the commander of the
Ryeshtelni that his ship was disarmed
upon arrival at Chefoo is untrue. The YES
sci fully armed and manned when
visited"