Mr. Conger to Mr.
Hay.
American Legation,
Peking,
China, March 11,
1904.
No. 1535.]
Sir: Referring to my dispatch No. 1507, of
February 17 last, transmitting China’s published regulations to enforce
neutrality, I have the honor to inclose herewith translation of a note
from Prince Ch’ing embodying some additional regulations and also lists
of articles declared contraband by Russia and Japan.
The statement of Japan regarding flour, mentioned in Prince Ch’ing’s
note, was a complaint sent to the foreign office by the Japanese
minister against certain large shipments of that article reported as
being shipped or about to be shipped into Manchuria.
I have, etc.,
[Inclosure 1.]
Prince Ch’ing
to Mr. Conger.
On the 18th day of the first moon Kuangshü XXX year (March 4, 1904),
I received a report from Sir Robert Hart, inspector-general of
customs, concerning the matter of observing neutrality, saying that
on the 13th day of the first moon (February 28, 1904) he had
received the thirty-five regulations adopted by China, whose
observance he had been instructed to enjoin; that on the 15th day
(March 1) he had received the statement of Japan regarding flour,
against the violation of which he was to issue strict orders, and
that on the 17th (March 3) he had received the list of contraband
articles as prepared by Russia, which he had been instructed to
transmit to his subordinates with instructions to make requisite
examinations and prohibitions; that he had transmitted these various
instructions to all ports with orders for their observance, but that
although China was observing neutrality she still maintained
friendly relations with both the belligerents and the various
neutral powers, and that he noted that in the Russian list of
contraband goods there was included not only articles of military
equipment, but also food supplies which the Chinese and foreigners
had been accustomed to importing and exporting, and that a
distinction ought to be made in dealing with these two classes of
goods; that aside from the action to be taken in accordance with the
eighteenth, twenty-second, and twenty-fourth regulations adopted by
China, there were three matters concerning which a declaration ought
to be made:
- 1.
- In all commercial dealings between China and neutral
powers only such articles should be regarded as prohibited,
whether imports or exports, as are so prohibited in the
treaties; that aside from such prohibited goods China and
foreign neutral powers would as usual import and export all
manner of goods, and that such action should not be
considered a violation of law.
- 2.
- That when Chinese or foreign vessels were about to sail
for a port in a belligerent country, and when an application
should be made at the customs for a permit to load such
vessels, the customs should make careful examination and if
goods are found to be such as are included in the Russian
contraband list they should refuse to issue the permit to
load and should institute a careful search and prohibit
(such export); that if a vessel should be seized at sea by
one of the belligerents (it may be asked), what should be
done about the cargo? The courts of the said country must
try and decide the case in accordance with the regulations
of neutrality; but that no matter whether the place in which
they were seized be within the sphere of military operations
or not the case would not be one affecting China’s
maintenance of strict neutrality.
- 3.
- As to the transport of rice and other grains between the
various open ports, this should be carried on in strict
compliance with the provisions of the treaties, but that for
the present they should not be allowed to be shipped to the
ports of Manchuria, and that flour should be treated in the
same way.
[Page 130]
I find that the proposals of the inspector-general of customs with
regard to the three important matters mentioned are, upon the whole,
in harmony with the intent of the regulations adopted by China.
Besides instructing the inspector-general of customs to transmit
orders to the various customs authorities to act as he has
suggested, I, as in duty bound, send this dispatch to your
excellency for your consideration.
A necessary dispatch.
Kuanghsü XXX year, first moon, 23d day.
(March 9, 1904.)
[
seal.]
[Inclosure 2.]
Japanese list of contraband
articles.
An order of the Japanese navy department has been issued specifying
what shall be regarded as contraband of war durng the present
hostilities. The order is as follows:
1. The following articles shall be treated as contraband of war when
intended to pass through the country of the enemy or destined
therefor or when destined for the army or navy of the enemy:
Arms, ammunition, explosives, and other materials (inclusive of lead,
saltpeter, and sulphur), machines for their manufacture, cement,
uniforms of the army and navy, war equipment, armor plates,
materials for building warships and other vessels, and equipping
vessels, and any other articles which are used for war purposes.
2. The following articles shall be treated as contraband of war only
in case they are destined for the enemy’s army or navy or being
consigned to the country of the enemy can be considered as intended
for the use of the enemy’s army or navy:
Provisions, liquors, horses, horse equipments, timber, currency, gold
and silver bullion, fodder, wagons (sharyo), coal, and the material
for the constructions of telegraph and telephone lines and
railways.
3. Of the articles referred to in the preceding two clauses those
which can be judged from their quantity and nature to be for the
service of the ship carrying them shall not necessarily be treated
as contraband of war.
[Inclosure 3.]
Russian contraband of war.
Firearms of every description (guns, pistols, cannons, etc.), armor
plate (cuirasses), accessories of firearms, ammunition and material
used in the manufacture of explosives; accessories of artillery
trains, of engineers and of troops in campaign, barbed wire,
pontoons, military equipments and uniforms, ships, even under
neutral flag, bound for an enemy port for military purposes, marine
engines, boilers, coal, petroleum, spirits of wine, railway,
telegraph and telephone material; provisions, rice, horses and other
animals, and generally all things destined for warlike purposes on
land or sea.
