Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898
Mr. Buck to Mr. Sherman.
Tokyo, Japan, May 5, 1898.
Sir: Referring to my dispatch No. 128 of the 29th ultimo, and to my telegram of the 2d instant, reading of which is appended on the overleaf,1 regarding Japan’s neutrality, I have the honor to inclose herewith duplicate clippings from the Japan Times of the 3d instant, being a translation of the Imperial Rescript and Ordinances, dated April 30, which comprised the proclamation of neutrality officially announced on the 2d instant. The accuracy of this translation has been verified at the legation.
I have, etc.,
imperial rescript.
War having unfortunately broken out between the United States of America and Spain, and being desirous of maintaining the amicable and friendly relations existing between this Empire and the belligerent powers, we hereby order the promulgation of regulations relating to neutrality. Our subjects and other persons resident within the dominion of the Empire shall, until the end of hostilities, observe the obligations of a strict neutrality in conformity with the general principles of international law [Page 879] and the provisions of the regulations herewith promulgated. Any person failing to observe these obligations shall not only forfeit the protection of this Empire against the proceedings of one or the other of the belligerent powers, but also be liable to prosecution at the imperial courts of law in accordance with the provisions of the law.
[Imperial sign manual.]
[Privy seal.]
April 30, 1898.
(Countersigned,)
Marquis Hirobumi Ito,
Minister President of State.
Marquis Tsukumichi
Saigo,
Minister of the Navy.
Count Kaoru Inouye,
Minister of Finance.
Viscount Akimasa
Yoshikawa,
Minister of Home
Affairs.
Baron Tokujiro Nishi,
Minister of Foreign Affairs.
Viscount Taro Katsura,
Minister of War.
Arasuke Sone,
Minister of Justice.
Baron Kencho
Suyematsu,
Minister of
Communications.
Kentaro Kaneko,
Minister of Agriculture and Commerce.
Kazumasu Toyama,
Minister of Education.
imperial ordinance.
We hereby sanction the present ordinance relating to the conduct of our subjects and the foreigners resident within our dominions during the continuance of hostilities between the United States of America and Spain, and order it to be promulgated.
[Imperial sign manual.]
[Privy seal.]
April 30, 1898.
(Countersigned,)
Marquis Hirobumi Ito,
Minister President of State.
Viscount Akimasa
Yoshikawa,
Minister of Home
Affairs.
Baron Tokujiro Nishi,
Minister of Foreign Affairs.
Arasuke Sone,
Minister of Justice.
imperial ordinance.—no. lxxxvi.
In relation to the present war between the United States of America and Spain, the Japanese subjects and the citizens of foreign powers resident within the dominions of the Empire are not permitted to commit any of the acts specified below:
- 1.
- The obtaining from one or the other of the belligerent powers letters of marque or commission for capturing merchantmen by means of privateers.
- 2.
- The accepting service in the army or navy or engaging in any military operations of one or the other of the belligerent powers, enlisting as sailor, or accepting commission for service on board a vessel used for warlike purposes or privateers belonging to one or the other of the belligerent powers.
- 3.
- The making contracts with or sending other individuals out of the dominions of the Empire with the object of enabling the said individuals to enter upon the military or naval service of one or the other of the belligerent powers, or for the purpose of enabling them to enlist as sailors or accept commissions to serve on board ships used for warlike purposes or privateers.
- 4.
- The selling, purchasing, chartering, arming, or equipping ships with the object of supplying them to one or the other of the belligerent powers for use in war or privateering; the assisting such sale, purchase, chartering, arming, or equipping.
- 5.
- The supplying arms, ammunition, or other materials of direct use in fighting to the men-of-war, other ships used for warlike purposes, or privateers belonging to one or the other of the belligerent powers. The present ordinance shall take effect from the day of its promulgation.
imperial ordinance.
We hereby give our sanction to the present ordinance relating to the control of the war bhips or other vessels connected with the warlike operations during the continuation of hostilities between the United States of America and Spain, and which are found in the territorial waters of the Empire, and order the same to be promulgated.
[Imperial sign manual.]
[Privy seal.]
April 30, 1898.
(Countersigned,)
Marquis Hirobumi Ito,
Minister President of State.
Marquis Tsukumichi
Saigo,
Minister of the Navy.
Viscount Akimasa
Yoshikawa,
Minister of Home
Affairs.
Baron Tokujiro Nishi,
Minister of Foreign Affairs.
imperial ordinance.—no. lxxxvii.
Such men-of-war and such other ships used for warlike purposes in connection with the present war between the United States of America and Spain as may happen to be in the territorial waters of the Empire shall be regulated in accordance with the rules mentioned below:
- 1.
- No privateer shall be allowed to come within the territorial waters of the Empire. In case, however, when it is compelled to enter such territorial waters on account of unavoidable circumstances, such as stress of weather, destitution of articles indispensable to navigation, or disablement, it should leave the territorial waters as soon as such circumstance shall have ceased to exist.
- 2.
- No man-of-war or other ship belonging to one or the other of the belligerent powers shall be permitted to commit any act of war, or visit, search, or capture merchantmen within the territorial waters of the Empire. Neither shall such man-of-war or such other ship be allowed to make use of any portion of the territorial waters of the Empire as the basis or headquarters of naval operations, or for any other warlike purposes whatever.
- 3.
- The men-of-war and other ships used for warlike purposes belonging to one or the other of the belligerent powers may enter any of the ports that are open to all ships for ordinary purposes of navigation, but should not stay in the waters of such port longer than twenty-four hours. In case when such men-of-war or such other ships used for warlike purposes have been compelled to seek the waters of such port on account of unavoidable circumstances, such as stress of weather, destitution of articles necessary for navigation, or disablement, and are unable to quit the port within twenty-four hours, they should leave the territorial waters of the Empire as soon as such circumstance or circumstances shall have ceased to exist.
- 4.
- No man-of-war or other ships used for warlike purposes belonging to one or the other of the belligerent powers shall be permitted to take any captured vessel into the territorial waters of the Empire, except under stress of weather or on account of destitution of articles necessary for navigation, or of disablement. In the last-mentioned case it is not permissible under whatever pretext to land any prisoner of war or to dispose of the captured vessel or articles.
- 5.
- No man-of-war or other ship employed for warlike purposes belonging to one or the other of the belligerent powers shall be permitted either to recruit its crew or get supplies of arms, ammunition, or any other material of direct use in fighting within the dominions of the Empire. Neither shall such man-of-war or such other ships employed for purposes of warfare be permitted, under whatever circumstances, to receive repairs within the dominions of the Empire beyond what shall suffice to enable it to get back to the nearest port of its own country.
- 6.
- The men-of-war and other ships used for warlike purposes belonging to one or the other of the belligerent powers may get, in the ports of the Empire, supplies of articles necessary for their crews, also coal and other things indispensable to navigation, as well as of materials needed for repairs, but the quantity of such supplies [Page 881] should never exceed that which will be necessary for the purpose of taking such men-of-war and such other ships to the nearest port of their own country. Any of such men-of-war or such other ships which has once obtained a supply of coal shall not be permitted to get ano’ther supply until after the lapse of three full months.
- 7.
- When the men-of-war, or other ships used for warlike purposes, or privateers, of both belligerent powers happen to be simultaneously in the same port in the dominions of the Empire, the ships of one power shall not be allowed to leave the port until twenty-four hours shall have elapsed after the departure of those of the other power, unless under the directions of the Japanese naval commander in port or the chief local official. The present ordinance shall come in force from the day of its promulgation.
- Not printed.↩