SUPPLEMENTARY NOTE TO CHAPTER XIX

In view of the singular circumstances under which the war broke out, it would be a matter of permanent interest to the student of international law to observe the difference of opinion which arose between the contending Powers respecting the legality of opening hostilities before war was formally declared, and also respecting the so-called neutrality of Korea. We reproduce below, without comment, the charges of Russia and replies of Japan regarding these subjects.

On February 18, the Russian Government issued the following official communiqué:—

“Eight days have now elapsed since all Russia was shaken with profound indignation against an enemy who suddenly broke off negotiations, and, by a treacherous attack, endeavored to obtain an easy success in a war long desired. The Russian nation, with natural impatience, desires prompt vengeance, and feverishly awaits news from the Far East. The unity and strength of the Russian people leave no room for doubt that Japan will receive the chastisement she deserves for her treachery and her provocation of war at a time when our beloved Sovereign desired to maintain peace among all nations.

“The conditions under which hostilities are being carried on compel us to wait with patience for news of the 349success of our troops, which cannot occur before decisive actions have been fought by the Russian army. The distance of the territory now attacked and the desire of the Czar to maintain peace were causes of the impossibility of preparations for war being made a long time in advance. Much time is now necessary in order to strike at Japan blows worthy of the dignity and might of Russia, and, while sparing as much as possible the shedding of blood of her children, to inflict just chastisement on the nation which has provoked the struggle.

“Russia must await the event in patience, being sure that our army will avenge that provocation a hundredfold. Operations on land must not be expected for some time yet, and we cannot obtain early news from the theatre of war. The useless shedding of blood is unworthy of the greatness and power of Russia. Our country displays such unity and desire for self-sacrifice on behalf of the national cause that all true news from the scene of hostilities will be immediately due to the entire nation.”^[669]

On February 20, the Official Messenger published the following account of the termination of the diplomatic relations between the two Powers:—

“On January 16, after receipt of the last Japanese proposals, the Russian Imperial Government at once proceeded to examine them. On January 25 Mr. Kurino, the Japanese Minister at St. Petersburg, in reply to his inquiry, was informed that the Czar had intrusted the consideration of these proposals to a special conference, which was to meet on January 28, and that his Majesty’s decision would probably not be given before February 2.^[670] 350On the last-named date the Czar gave orders to prepare a draft of definite instructions for the Russian Minister at Tokio on the basis of the deliberations of the special conference. On the day following, three telegrams were dispatched to Viceroy Alexieff, containing the full text of a draft statement, the reasons which prompted the Russian Government in making some modifications in the Japanese proposals, and the general instructions for the Russian Minister at Tokio concerning the presentation of the reply to the Japanese Government. In order to save time, identical telegrams were sent direct to Baron Rosen.

“On February 4, forty-eight hours before the receipt of the news of the rupture of diplomatic relations by Japan, Count Lamsdorff notified the Japanese Minister of the dispatch to Baron Rosen of the Russian proposals in reply to the Japanese note.^[671] On February 5, a message arrived from the Viceroy stating that he had heard from the Baron that the latter had received the Russian reply. On the 6th, at four o’clock in the afternoon, the Japanese Minister, quite unexpectedly, handed to the Russian Minister of Foreign Affairs two notes, the first of which notified the rupture of negotiations on the pretext that Russia was evading a reply^[672] to the Japanese proposals, while the 351second announced the breaking off of diplomatic relations, and added that the Japanese Minister, with the staff of the Legation, would leave St. Petersburg on the 10th. These notes were accompanied by a private letter from the Japanese Minister to Count Lamsdorff, in which the hope was expressed that the rupture of diplomatic relations would be confined to as short a time as possible.

“On the same day, Admiral Alexieff, Baron Rosen, and all the Russian Representatives in Peking, Tokio, and the capitals of the great Powers were informed by urgent telegrams of the rupture of diplomatic relations with Japan and the issue of our Imperial order for the withdrawal of the Russian Legation from Tokio. The said circular dispatch laid the responsibility of all consequences that might ensue on the Japanese Government.^[673]

“Although the breaking off of diplomatic relations by no means implies the opening of hostilities, the Japanese Government, as early as the night of the 8th, and in the course of the 9th and 10th, committed a whole series of revolting attacks on Russian warships and merchantmen, attended by a violation of international law. The decree of the Emperor of Japan on the subject of the declaration of war against Russia was not issued until the 11th instant.”^[674]

The substance of the reply of the Japanese Government to these notes, of which the following is a free translation, was made public through the press on March 3:—

352“The Russian Government, by their notes published on February 18 and 20, charged Japan with unexpectedly attacking, and gaining a treacherous victory over, the forces of Russia, a Power anxious to maintain peace, and stated that the severance of diplomatic relations by no means implied the opening of hostilities, and that, although Japan declared war only on February 11, she had since the 8th made revolting attacks upon Russian war-vessels and merchantmen and conducted herself in violation of principles of international law.

“That, however, Russia did not sincerely desire peace may be readily seen from the fact that she never in any manner met the negotiations of Japan in a conciliatory spirit, but put off the solution of the pending question by prolonged delays, and, at the same time, diligently extended her naval and military preparations. Since Russia failed in April, 1903, to carry out her pledge respecting the second part of her evacuation of Manchuria, the facts concerning the increase of Russian forces in the Far East have been as follows:—

“The following war-vessels were added:—

3 battleships 38,488 tons

1 armored cruiser 7,726

5 cruisers 26,417

7 torpedo-destroyers 2,450

1 gunboat 1,334

2 torpedo-tenders 6,000

Total, 19 vessels 82,415 tons

“Besides these, Russia sent by rail to Port Arthur material for framing torpedo-destroyers, of which seven had already been made, and armed two volunteer fleet steamboats at Vladivostok and hoisted the naval flag upon them.

“Moreover, Russia dispatched one battleship, three cruisers, seven torpedo-destroyers, and four torpedo-boats, 353aggregating about 37,040 tons, which were on their way to the East. The total of all these vessels would therefore reach the tonnage of about 113,000 tons.

“As regards the increased land forces, Russia, beginning with the two brigades of infantry, two battalions of artillery, and certain numbers of cavalry and of the commissariat, which she sent to China on June 29, 1903, under the pretext of making experiment of the carrying capacity of the Siberian Railway, continually dispatched troops to the Far East, until there were already, at the beginning of February of this year, more than 40,000 soldiers. Russia was further preparing to send, in case of necessity, over 200,000 more soldiers.

“Simultaneously, Russia hastened her work through day and night in building new forts at the naval harbors of Port Arthur and Vladivostok; repaired fortifications at Kun-chun, Liao-yang, and other strategic points; sent to the Far East by the volunteer fleet and the Siberian Railway large quantities of arms and ammunition; and, so early as the middle of October, 1903, fourteen trains carrying field-hospital equipment left Russia in great haste. From these data, one may conclude that Russia had not the least desire for conciliation, but sought to coerce Japan by force of arms.

“The military activity of Russia was further accelerated from the end of January. On the 21st of January, about two battalions of the infantry and some of the artillery were sent from Port Arthur and Talien to the northern frontier of Korea; on the 28th, Viceroy Alexieff ordered the Russian troops near the Yalu to be placed on a war footing; on February 1, the Governor of Vladivostok asked the Japanese Commercial Agent at the port to prepare to withdraw to Habarofsk the Japanese subjects residing there, as the Governor was, under instructions from his Government, ready at any time to proclaim 354martial law; all the capable warships at Port Arthur, except one battleship under repair, steamed out to sea; and army forces were continually leaving Liao-yang toward the Yalu. Who can say that Russia had neither desire nor preparation for war? Under these critical circumstances, rendering another day’s delay inadmissible, Japan was compelled to break off the useless negotiations and take necessary measures of self-protection. The responsibility of provoking war does not rest upon Japan, but, on the contrary, entirely upon Russia.

“Moreover, Japan notified Russia, on February 6, that she would terminate her negotiations with Russia, and take such independent action as she deemed best in order to defend her position menaced by Russia and protect her interests, as well as that the diplomatic relations with Russia were severed and the Japanese Legation would withdraw from St. Petersburg. An independent action implies all, including, as a matter of course, the opening of hostile acts. Even if Russia were unable to understand it, Japan had no reason to hold herself responsible for the misunderstandings of Russia. The students of the international law all agree that a declaration of war is not a necessary condition for beginning hostilities, and it has been customary in modern warfare for the declaration to follow the opening of the war. The action of Japan had, therefore, no ground for censure in international law. It is singular that the censure should come, as it did, from Russia, for historical instances are not few in which she opened hostile acts without declaring war. In 1808, she moved troops to Finland even before diplomatic relations were severed.”^[675]

355By far the most important document containing Russian charges against Japan was the following circular addressed by Count Lamsdorff, on February 11, to the Russian Representatives abroad:—

“Since the rupture of the negotiations between Russia and Japan, the attitude of the Tokio Cabinet has constituted an open violation of all customary laws governing the mutual relations of civilized nations.

“Without specifying each particular violation of these laws on the part of Japan, the Imperial Government considers it necessary to draw the most serious attention of the Powers to the acts of violence committed by the Japanese Government with respect to Korea.

“The independence and integrity of Korea, as a fully independent Empire, have been fully recognized by all the Powers, and the inviolability of this fundamental principle was confirmed by Article 1 of the Shimonoseki treaty, and by the agreement especially concluded for this purpose between Japan and Great Britain on January 30, 1902, as well as by the Franco-Russian declaration of March 16, 1902.

“The Emperor of Korea, foreseeing the danger of a possible conflict between Russia and Japan, addressed, early in January, 1904, a note to all the Powers, declaring his determination to preserve the strictest neutrality. This declaration was received with satisfaction by the Powers, and it was ratified by Russia. According to the Russian Minister to Korea, the British Government, 356which had signed the above-mentioned treaty with Japan on January 30, 1902, charged the British diplomatic Representative at Seul to present an official note to the Emperor of Korea, thanking him for his declaration of neutrality.^[676]

“In disregard of all these facts, in spite of all treaties, in spite of its obligations, and in violation of the fundamental rules of international law, it has been proved by exact and fully confirmed facts that the Japanese Government,

“1. Before the opening of hostilities against Russia, landed its troops in the independent Empire of Korea, which had declared its neutrality.

“2. With a division of its fleet made a sudden attack on February 8—that is, three days prior to the declaration of war—on two Russian warships in the neutral port of Chemulpo. The commanders of these ships had not been notified of the severance of diplomatic relations, as the Japanese maliciously stopped the delivery of Russian telegrams by the Danish cable and destroyed the telegraphic communication of the Korean Government. The details of this dastardly attack are contained and published in an official telegram from the Russian Minister at Seul.

“3. In spite of the international laws above mentioned, and shortly before the opening of hostilities, the Japanese captured as prizes of war certain Russian merchant ships in the neutral ports of Korea.

“4. Japan declared to the Emperor of Korea, through the Japanese Minister at Seul, that Korea would henceforth be under Japanese administration, and she warned the Emperor that in case of his non-compliance, Japanese troops would occupy the palace.

“5. Through the French Minister at Seul she summoned 357the Russian Representative at the Korean Court to leave the country, with the staffs of the Russian Legation and Consulate.

“Recognizing that all of the above facts constitute a flagrant breach of international law, the Imperial Government considers it to be its duty to lodge a protest with all the Powers against this procedure of the Japanese Government, and it is firmly convinced that all the Powers, valuing the principles which guarantee their relations, will agree with the Russian attitude.

“At the same time, the Imperial Government considers it necessary to issue a timely warning that, owing to Japan’s illegal assumption of power in Korea, the Government declares all orders and declarations which may be issued on the part of the Korean Government to be invalid.

“I beg you to communicate this document to the Government to which you are accredited.

“LAMSDORFF.”^[677]

In reply to the above, the Japanese Government issued, on March 9, the following statement:—

“The Russian Government are understood to have recently addressed a note to the Powers, in which the Japanese Government are charged with having committed certain acts in Korea which are considered by Russia to be in violation of international law, and in which Russia further declares all future orders and declarations of the Korean Government to be invalid.

“The Imperial Government do not find it necessary in the present instance to concern themselves in any way with views, opinions, or declarations of the Russian Government, but they believe it to be their right and duty 358to correct misstatements of facts which, if permitted to remain uncontradicted, might give rise in the opinion of neutral Powers to incorrect inferences and conclusions.

“Accordingly, the Imperial Government desire to make the following statement respecting the five acts which are declared, in the Russian note above referred to, to be fully proved and confirmed facts:—

“1. The Imperial Government admit that a number of Japanese troops landed in Korea before the formal declaration of war was issued by Japan, but they must say that such landing did not take place before a state of war actually existed between Japan and Russia. The maintenance of the independence and territorial integrity of Korea is one of the objects of war, and, therefore, the dispatch of troops to the menaced territory was a matter of right and necessity, which, moreover, had the distinct consent of the Korean Government. The Imperial Government, therefore, drew a sharp distinction between the landing of the Japanese troops in Korea in the actual circumstances of the case and the sending of large bodies of Russian troops to Manchuria without the consent of China while peaceful negotiations were still in progress.

“2. The Imperial Government declare that the Russian allegation that they stopped the delivery of Russian telegrams by the Danish cable and destroyed the Korean Government’s telegraphic communication is wholly untrue. No such acts were done by the Imperial Government.

“Regarding the alleged sudden attack, on February 8 last, upon two Russian men-of-war in the port of Chemulpo, it is only necessary to say that a state of war then existed, and that, Korea having consented to the landing of Japanese troops at Chemulpo, that harbor had already 359ceased to be a neutral port, at least as between the belligerents.

“3. The Imperial Government have established a Prize Court, with full authority to pronounce finally on the question of the legality of seizures of merchant vessels. Accordingly, they deem it manifestly out of place to make any statement on their part regarding the Russian assertion that they unlawfully captured as prizes of war the Russian merchantmen which were in the ports of Korea.

“4. The Russian Government allege that the Japanese Government declared to the Emperor of Korea through their Minister at Seul that Korea would henceforth be under Japanese administration, and warned the Emperor that, in case of non-compliance, Japanese troops would occupy the palace. The Imperial Government declare this charge to be absolutely and wholly without foundation.

“5. No demand, either direct or indirect, was addressed by the Japanese Government to the Russian Minister at Seul to retire from Korea. The fact is as follows:—

“On February 10 last, the French Chargé d’Affaires at Seul called on the Japanese Minister there and informed him, as it was confirmed afterwards in writing, that it was the desire of the Russian Minister to leave Korea, and asked the opinion of the Japanese Minister on the subject. The Japanese Minister replied that, if the Russian Minister would withdraw in a peaceful manner, taking with him his staff and the Legation guard, he would be fully protected by Japanese troops. So he withdrew of his own free will on the 12th of the same month, and an escort of Japanese soldiers was furnished for him as far as Chemulpo.^[678]

360“The Russian allegation that the Japanese Government forwarded a summons through the French Representative in Korea to the Russian Minister to leave Korea is, therefore, not true. In this connection it may be remarked that the Russian Consul at Fusan remained at his post as late as until February 28 last. It is reported that he was compelled to stay so long owing to the absence of instructions which the Russian Minister apparently did not think of giving to the Consul before his own departure from Seul. When it was known that necessary instructions had at last reached the Russian Consul, and that he desired to leave Fusan as soon as possible, the Japanese Consul at the same port offered him every facility for the departure, and his passage to Shanghai via Japan was arranged by the Japanese Consul.”^[679]

In reply to the above, the Russian Government issued another statement justifying its position, the purport of which may be gathered from the following press dispatch:—

“St. Petersburg, March 12—2:50 P. M. The following reply, inspired by the Foreign Office, to Japan’s rejoinder to the Russian protest against the violation of Korean neutrality may be accepted as official:—

“Japan’s argument that she was justified in landing troops in Korea before the declaration of war because she had Korea’s permission, and also that these troops arrived in Korea after ‘the existence of a state of war,’ is without value, as Korea in January promulgated her neutrality to the Powers, which received it warmly, Great Britain even 361officially conveying expressions of gratitude to the Korean Government. Therefore, no state of war gave the Japanese the right to violate her neutrality by landing troops in her territory. Even the consent of Korea, though extorted by the Japanese, is without force, from the fact that the dispatch of troops was not only before the war, but before the breaking off of diplomatic relations, as clearly established and indeed acknowledged by the Japanese themselves.

“Japan’s contention in defense of the attack on the Russian ships at Chemulpo, that the port was not neutral on February 9, is false, again because Korea had proclaimed her neutrality.

“Japan’s denial of malicious interference with the transmission of Russian telegrams over the Danish cable cannot be sustained. A telegram to Baron Rosen (then Russian Minister to Japan), at Tokio, sent from St. Petersburg February 4, was not delivered till the morning of February 7. That delay did not occur on the Siberian line, as was shown by the fact that a reply to a telegram from Viceroy Alexieff sent at the same time was received the same day. Therefore, it is conclusive that the Rosen telegram was held by the Japanese and not delivered for two days.

“Communication with M. Pavloff (then Russian Minister to Korea) by the Korean telegraph ceased in the middle of January. As the Koreans were enjoying friendly relations with Russia, there is good ground for believing that the interruption was due to the Japanese. Thereafter M. Pavloff used a mail steamer or a special warship to communicate with Port Arthur. The Minister of Russia at Seul February 8, therefore, knew nothing of the diplomatic rupture.

“Japan pleads that the charge against her seizure of Russian merchantmen before the declaration of war cannot 362lie after the establishment of prize courts. Their seizure before the declaration of war being piracy is not defensible by the establishment of prize courts, which cannot exist before a declaration of war. The steamer ‘Russia’ was seized in the waters of Southern Korea even before M. Kurino had presented his note here.

“The reply concludes: ‘Our information regarding Japan’s announcement that in future Korea would be under her administration came from M. Pavloff and also from the Representative of a friendly Power at Seul. Japan’s denial, consequently, is fruitless, as also is the attempt to refute our statement that the Russian Minister and Consul at Seul were told to leave. We had conclusive proof in St. Petersburg on February 10 that the French Minister at Seul had officially notified our Representatives that the Japanese Government had intimated that they should leave, and that the Japanese had occupied territory in Korea. M. Pavloff was unable to notify our Consul at Fusan, his telegram being refused at the telegraph office.’”

363