[Inclosure 2 in No.
123.—Translation.]
Decision of the Emperor of Russia in the case of the
“Maria Luz,” dated May 17, (29,) 1875.
We, Alexander II, by the grace of God, Emperor of all the Russias.
In compliance with the request which has been made to us by the
governments of Japan and Peru, contained in a protocol drawn up with
common consent at Tokei by the plenipotentiaries of the two governments
on the 13th and 25th of June, 1873, corresponding ‘to the 25th day of
the 6th month of the 6th year of Meiji, we have agreed to examine the
difference pending between the two governments in connection with the
stay of the ship “Maria Luz,” in the port of
Kanagawa, and particularly the claim of the Peruvian government, tending
to render the Japanese government responsible for all the consequences
arising out of the action of the Japanese authorities
[Page 1067]
with respect to the “Maria Luz,” her
crew and passengers, at the time of the stay of that ship at Kanagawa,
and we have consented to take upon ourselves the task of pronouncing a
sentence of arbitration which shall be definitive and obligatory for
both parties, and as to which no objection, explanation, or delay
whatever shall be made.
Having, consequently, maturely weighed the considerations and conclusions
of the juris consults, and of the competent persons, charged to study
the affair, from the documents and statements which have been
transmitted to us in conformity with the above mentioned protocol—
We have arrived at the conviction, that in proceeding as it did with
regard to the “Maria Luz,” her crew and passengers, the Japanese
government acted in good faith (bona fide) in
virtue of its own laws and customs, without infringing the general
prescriptions of the law of nations, or the stipulations of particular
treaties.
That therefore it cannot be reproached for a willful want of respect, or
for any malevolent intention, toward the Peruvian government or its
citizens.
That the various kinds of opinions provoked by this incident may inspire
governments who have no special treaties with Japan, with the desire to
make reciprocal international relations more precise, in order to avoid
in the future every similar misunderstanding; for they cannot, in the
absence of formal stipulations, cause to be placed upon the Japanese
government the responsibility of action which it has not wittingly
provoked, and of measures which are in conformity with its own
legislation.
Consequently we have not found sufficient grounds for recognizing, as
irregular, the acts of the Japanese authorities in the affair of the
ship “Maria Luz;” and attributing the losses sustained to an unfortunate
combination of circumstances,
We pronounce the following sentence of arbitration:
The government of Japan is not responsible for the consequences which
were produced by the stay of the Peruvian ship “Maria Luz” in the port
of Kanagawa.
In faith whereof we have signed the present sentence, and have caused our
imperial seal to be affixed thereto.
Done at Ems
the 17th (29th)
May, 1875.
(The original is signed by the hand of His Majesty the
Emperor.)
(
seal.)
ALEXANDER.
For true copy:
The acting minister for foreign affairs,
