The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-08-21

Official Statement Regarding
the RyeshiteIni.
CHARGES AGAINST RUSSIA
VESSEL had NO RIGHT TO EN-
TER NEUTRAL PORT.

its attitude in the capture OF the Ryes-
hitelni, and declaring its position on
the entire question of Chinese neutral
lily as follows:
The status of China in the present
struggle is wholly unique Nearly ali
Of the military operations are carried
on within her borders She is not a
party to the conflict, nevertheless her
territories. are in part beSiigerent and
IN part neutral. That condition Of
things, in the contemplation of inter
national law, IS an anomaly and a con-
tradiction- In this case IL is a creature
of q special understanding to which the
belligerents have given adhesion with
view to limit the area of hOstilties
in the interest Of foreign intercourse
and the general tranquility of China.
The Japanese government engaged TO
respect the neutrality OF China outside
OF the regions actually involved in war
provided that Russia made a similar
engagement and carried it out in good
faith.
Allege Justification.
The japanese government considered
that they We're precluded by this en-
gageTnent 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
theatre of war, because it seemed to
them that any such occupation would
1pso facto' convert the places thus &C
cupied and used from neutral to bel
hgerent territory. 1t equally seemed to
them that any such occupation and use
of neutral Chinese territory or ports
by the Russian forces would give effect
to the proviso in the Japanese engage
ment and justify her in considering ter
ritory or ports SO occupied and used,
as -nra1T1 -~--
japanese government hold that China s
neutrality is imperfect and applicable
only to those places which are not oc-
eupied by the armed forces of either
belligerent and Russian cannot escape
the consequences of an unsuccessful
war by moving its army or navy into
those portions of China which, by ar
raugement. had been made condition
ally neutral.
No Right to Seek Refuge
a Russian warship from Port Ar
thur sought in the harbor Of ChefOO
asylum from attack which her home
port had ceased to afford her. In TAX
ing that step she was guilty Of a breach
Of the neutrality Of China as estab-
lished by the agreement of the bellig-
erents, and Japan was fully justified in
regarding the harbOr of ChefOo as bel
ton was concerned. With the termina-
ton of the incident the neutrality OF
the port was revived. The action taken
by japan at ChefOo was a direct nat
ural consequence of Russia's disregard
of her engagement, but it is not alone in
this matter nor not alone in Chefoo
that Russia has hasrantIy violated Chi
mas neutrality, and ignored her own
engagement Shortly after the invest
ment and isolation of Port Arthur a
system Of wireless telegTaphy was in
stalled between the beleaguered fortress
and the Russian consulate at Chefoo.
The system is still in operation, not
withstanding the repeated protest Of
the japanese government.
Case OF the Mandjur.
''At Shanghai at the beginning of the
war the Russian gunboat Mandjur in
defiance Of China's neutrality re-
NAMED in the port for weeks after re-
ceiving notice to leave. Finally after
long negotiations she consented TO dis
armament. Again the Russian cruiser
AslEold and the destroyer Grozovoi have
now been at Shanghai for more than a
week, and still refuse to leave OF dis
arm The japanese government has
no intention of disregarding China's
neutrality so long as il is respected By
Russia, but they cannot consent that
Russian Warships, as result Of a bro
ken engagement and a violated neutral
ity shall. unchallenged. find in the haT-
bors of China safe refuge from capture
or destruction The statement OF the
commander of the Ryeshitelni that his
ship was disarmed upon arrival at Che
TOO is untrue. The vessel was fully
armed and manned when visited by
Lieutenant Terashima early on the
morning of Aug IS. but in any event
disarma n8ent would not fulfill the re-
quirements of China's neutrality regu-
lations and it was for China, not Rus
STA, TO decide whether the alternative
of disarmament was acceptable.
Imperfect Neutrality.
1T has been suggested in many quar-
teTs that the present case is compar-
able with the case of the Florida,
among others, but the japanese gov
eminent drew a clear distinction be
tween the two events. The neutrality
of Brazil was perfect and unconditional.
and Port Bahia was a long distance
from the seat OF war, whereas the neu-
traiity of China is imperfect and con-
ditional. The port Of ChefOO is in close
proximity to the zone of military opera
lions. The reports Of the japanese and
Russian officers who took part in the
Chefoo incident agree that. the Ryeshit-
elni was the aggressor and the first TO
commence the hOstilities which result
ed in her capture. This fact would.
the Japanese government believes. de-
prive Russia Of any grounds for COM
plant which she might possess If the
lawfulness of the capture were other
wise in doubt. In this respect the case
resembles the cases of the American
privateer General Armstrong and the
British ship The Anne The case of the
Ryeshitelni is in itself of trihing i'm
pOrtance. but il involves a principle of
paramount Importance. Experience has
shown that China has taken no ade-
quate steps to enforce her neutrality
( laws. If in these circumstances the
Ryeshitelni could not make Chef0o a
4 harbor Of refuge. then the great ships
of the Russian navy might do the
same and nothing would prevent those
ships from issuing forth from their re-
treat 10 attack Japan. The necessity
of guarding against such an eventual
ity was too commanding, too over
whelming TO permit the Ryeshitelni in
cident to stand as a precedent. The end
Of this incident viii not effect in any
way foreign commerce or disturb the
( general situation IN China, but viii
merely serve notice to Russia that she
( must keep her engagements in the fu-
ture.p
The Florida case cited above oe-
CURED during the American civil war
I The Florida, Confederate vessel, put
into the harbor of BaIla, Brazil. Shit
was cut out by the federal vessels. The
| United states government. afterwards
/ apologized TO Brazil and paid an in
| demnity for the breach Of neutrality.
Il