Mr. Takahira to Mr. Hay.
Washington, April 9, 1904.
Sir: I have the honor to inform you that I am in receipt of a telegram from His Imperial Majesty’s minister for foreign affairs instructing me to bring to your notice the following facts and to request the exercise of the good offices of the Government of the United States with reference thereto.
It appears that a Japanese steamer, the Hanyei Maru, of 64 tons displacement, which was chartered by a correspondent of the Asahi Shinbun, a newspaper published at Osaka, on the 26th ultimo, while within a distance of less than 1 marine league from Dai-ki-ga, one of the Miao Tao Islands, a group belonging to China, was fired upon and sunk by Russian men-of-war. There were 10 Japanese on board the steamer—the correspondent of the Asahi, 4 members of the crew, and 5 passengers—besides 7 Chinese. All of these persons were taken to Port Arthur, but subsequently the Chinese were released, while the Japanese, it is reported, ate confined on board the Russian men-of-war Novik and Yermak. It is reported further that a fish-head torpedo was found on the Hanyei Maru, a circumstance which might be construed disadvantageously to the persons on board the steamer. The fact is, however, that the torpedo was purchased by one of the passengers from a Chinese fisherman on the islands, who had picked it up from the sea after the naval engagement at Pigeon Bay.
From the information in their possession the Imperial Government [Page 434] are convinced that the correspondent of the Asahi was acting solely in the performance of his professional duties, having been induced to charter the Hanyei Maru and to go to the locality where he was captured by the extraordinary success of the correspondents of several foreign newspapers who had employed small steamers for the purpose of observing the naval engagements in the vicinity of Port Arthur. He believed, moreover, that he was perfectly safe at the time, as he was within the territorial waters of China.
The Imperial Government having released all of the passengers on board of the Russian merchant vessels captured by them, and even the officers and members of the crew, excepting those whose presence was deemed necessary in the trial before the admiralty court, feel that they are justified in entertaining the hope that the Russian Government will adopt similar measures with reference to Japanese non-combatants in their custody.
While reserving their views as to the lawfulness of the action of the Russian vessels in sinking a Japanese vessel in neutral waters and making prisoners of those on board, the Imperial Government instruct me to express the hope that you will find it possible to exercise your good offices for the purpose of obtaining from the Russian Government the release of these Japanese prisoners, all of whom are noncombatants and none of whom were engaged in the commission of any act hostile to Russia.
Accept, etc.