2
frustrated his attempts to suppress piracy, which he was loyally carrying out at our instigation. The Viceroy requested Admiral Moore's good offices which the latter promised. I replied (paraphrase of telegram inclosed), pointing out that the Japanese Government were quite willing to stop the importation of arms into Macao if they were approached by the Chinese Government. The former Government also mentioned that as the ship's papers and those relating to this particular consignment were in order, the arms were not being illegally imported, and I mentioned that it was the export of arms from Macao which the Chinese Government considered most objectionable.
As the terms which I have mentioned for a settlement of this incident seemed to me to be reasonable, and under the circumstances not unduly humiliating to China, I telegraphed them to you on the 12th instant, repeating my telegram to Sir John Jordan,
I have, &c.
(Signed)
CLAUDE M. MACDONALD.
Inclosure 1 in No. 1.
Extract from the "Japan Times" of March 5, 1908,
THE "TATSU MARU
+1
AFFAIR AN OFFICIAL NARRATIVE.
AN official of the Foreign Office refers to the "Tatsu Maru" affair as follows:----
"All the accounts hitherto given in the papers are in the main true; but some points require correction, and in order to make all clear I will tell the story from the very beginning,
56
The Tatsu Maru' left Kobe on the 26th January with ninety-four cases of arms and forty cases of ammunition which were ordered from the Ataka Company at Shangbae by a gun dealer of Macao, some coal, and several passengers. She arrived off Macao about 11 A.M. on the 25th February. The tide being up, she made a temporary anchorage about two miles east of Caro Island. Presently four Chinese gun-boats came up, and hauling down the Japanese flag, hoisted the Chinese flag. The blue-jackets searched the holds and seized all the cargo. After inflicting maltreatment on the passengers, the gun-boats ordered the Tatsu Maru' to proceed to Canton and detained her there.
"Thereupon the Japanese Government gave instructions to its Consul at Canton and its Minister at Peking to present protests to the Chinese Government demanding that the steamer be released at once and due apology and compensation for this unlawful act made. The Chinese Government, however, has not yet accepted our demands.
"The reasons advanced by the Chinese Government for this act are, first, that the "Tatsu Maru' was employed for the purpose of smuggling; secondly, that the steamer was lying at anchor in Chinese territorial waters; and, thirdly, that the steamer was in preparation for unloading her cargo. For these reasons the Chinese Government insists that the question, according to the Customs rules, be referred to the Co-operation Investigation Commission.
"On the other hand, the Japanese Government fails to find anything about the steamer which may indicate that she was employed for the purpose of smuggling, According to the investigations made by the Japanese Government, the fire-arms and ammunition on board were ordered by a gun dealer of Macao, and all these goods were entered in the bill of lading. The steamer obtained the permission of exportation from the Portuguese authorities, and also, before her departure, was given a certificate by the Kobe Customs and the Water Police. When she arrived at Macao a clerk of the Ataka Company, with an official of the Customs, came in a boat to the ship. All these facts clearly show that the ship was not designed for smuggling.
"Secondly, the place two miles east of Caro Island, where the steamer was lying at anchor, does not belong to Chinese territorial waters. Article II of the Treaty concluded March 1887, at Lisbon between Portugal and China, provides that Macao and vicinity should be under the control and jurisdiction of Portugal. In the Treaty concluded between the two countries in December of the same year it is also provided (Article II) that Article II of the Treaty of March should remain in force until
3
boundaries between the two countries were settled. And the boundaries have not yet been settled, so Caro Bay is at present Portuguese territorial waters. The bay is too shallow for the anchorage of vessels of deep draught, and the Portuguese authorities are levying tax upon ships taking anchorage near Caro Island. In fact, the Portuguese authorities have given assurance that the place where the Tatsu Maru' was lying at anchor belongs to Portuguese territorial waters. Even supposing that the place was in Chinese territorial waters, Chinese gun-boats have no right to capture her, for, according to international law, a steamer is allowed to take anchorage in a foreign country's territorial waters when circumstances necessitated it. In the case of the *Tatsu Maru,' being of deep draught, she could not go straight in shore, so she had ample reason to take anchorage outside.
"Thirdly, there is no indication that the Tatsu Maru was preparing to unload her cargo. The fact is that pilots were sent for, and they were about to do their work.
Thus there is no fault on our part, and the action of the Chinese gun-boats is entirely illegal. And it is rather ridiculous that the Chinese Government should try to deal with this affair in the light of infringement of Customs rules. In consideration of the uneasiness which our shipping business men naturally feel in connection with this affair, the Japanese Government has been urging the Chinese Government to at once take proper steps. A few days ago the Chinese Government made answer through our Minister at Peking to our demand, and our Consul at Canton was also notified of it; but this answer our Government refused to accept, on the ground that it was not an answer to our demands. Such being the case, if China does not give satisfactory answer, the Japanese Government may be compelled to take strong measures.
Inclosure 2 in No. 1.
Admiral Sir A. Moore to Sir C. MacDonald,
(Telegraphic.) P.
March 18, 1908. WHEN I paid my farewell visit to his Excellency the Viceroy of Canton, he discussed fully the question of the "Tatsu Maru," and asked my assistance, urging that the attempts which, at the instigation of Great Britain, he was loyally making to suppress piracy, were thwarted by the illegal importation of arms. I promised to make his views known to the British Minister, and expressed my sympathy with him.
In my opinion, his Excellency's efforts to prevent the smuggling of arms through Macao should be supported, as the existence of this traffic is one of common knowledge.
Inclosure 3 in No. 1.
Sir C. MacDonald to Admiral Sir A. Moore,
(Telegraphic.) P.
March 14, 1908. I HAVE received your Excellency's telegram of the 13th March,
As the ship's papers, as well as those relating to the arms, were in order, the Japanese Government maintain, and in my opinion with reason, that there was no illegal importation of I understand that the Japanese Government are quite ready, upon being approached by the Chinese Government, to put a stop to the importation of arms into Macao.
arms.
I am confidentially informed that the Central Government in China are strongly opposed to arms being exported from Macao.
565
1
2
frustrated his attempts to suppress piracy, which he was loyally carrying out at our instigation. The Viceroy requested Admiral Moore's good offices which the latter promised. I replied (paraphrase of telegram inclosed), pointing out that the Japanese Government were quite willing to stop the importation of arms into Macao if they were approached by the Chinese Government. The former Government also mentioned that as the ship's papers and those relating to this particular consignment were in order, the arms were not being illegally imported, and I mentioned that it was the export of arms from Macao which the Chinese Government considered most objectionable.
As the terms which I have mentioned for a settlement of this incident seemed to me to be reasonable, and under the circumstances not unduly humiliating to China, I telegraphed them to you on the 12th instant, repeating my telegram to Sir John Jordan,
I have, &c.
(Signed)
CLAUDE M. MACDONALD.
Inclosure 1 in No. 1.
Extract from the "Japan Times" of March 5, 1908,
THE "TATSU MARU
+1
AFFAIR AN OFFICIAL NARRATIVE.
AN official of the Foreign Office refers to the "Tatsu Maru" affair as follows:----
"All the accounts hitherto given in the papers are in the main true; but some points require correction, and in order to make all clear I will tell the story from the very beginning,
56
The Tatsu Maru' left Kobe on the 26th January with ninety-four cases of arms and forty cases of ammunition which were ordered from the Ataka Company at Shangbae by a gun dealer of Macao, some coal, and several passengers. She arrived off Macao about 11 A.M. on the 25th February. The tide being up, she made a temporary anchorage about two miles east of Caro Island. Presently four Chinese gun-boats came up, and hauling down the Japanese flag, hoisted the Chinese flag. The blue- jackets searched the holds and seized all the cargo. After inflicting maltreatment on the passengers, the gun-boats ordered the Tatsu Maru' to proceed to Canton and detained her there.
"Thereupon the Japanese Government gave instructions to its Consul at Canton and its Minister at Peking to present protests to the Chinese Government demanding that the steamer be released at once and due apology and compensation for this unlawful act made. The Chinese Government, however, has not yet accepted our demands.
"The reasons advanced by the Chinese Government for this act are, first, that the "Tatsu Maru' was employed for the purpose of smuggling; secondly, that the steamer was lying at anchor in Chinese territorial waters; and, thirdly, that the steamer was in preparation for unloading her cargo. For these reasons the Chinese Govern-
ment insists that the question, according to the Customs rules, be referred to the Co-operation Investigation Commission.
"On the other hand, the Japanese Government fails to find anything about the steamer which may indicate that she was employed for the purpose of smuggling, According to the investigations made by the Japanese Government, the fire-arms and ammunition on board were ordered by a gun dealer of Macao, and all these goods were entered in the bill of lading. The steamer obtained the permission of exportation from the Portuguese authorities, and also, before her departure, was given a certificate by the Kobe Customs and the Water Police. When she arrived at Macao a clerk of the Ataka Company, with an official of the Customs, came in a boat to the ship. All these facts clearly show that the ship was not designed for smuggling.
"Secondly, the place two miles east of Caro Island, where the steamer was lying at anchor, does not belong to Chinese territorial waters. Article II of the Treaty concluded March 1887, at Lisbon between Portugal and China, provides that Macao and vicinity should be under the control and jurisdiction of Portugal. In the Treaty concluded between the two countries in December of the same year it is also provided (Article II) that Article II of the Treaty of March should remain in force until
3
boundaries between the two countries were settled. And the boundaries have not vet been settled, so Caro Bay is at present Portuguese territorial waters. The bay is too shallow for the anchorage of vessels of deep draught, and the Portuguese authorities are levying tax upon ships taking anchorage near Caro Island. In fact, the Portu- guese authorities have given assurance that the place where the Tatsu Maru' was lying at anchor belongs to Portuguese territorial waters. Even supposing that the place was in Chinese territorial waters, Chinese gun-boats have no right to capture her, for, according to international law, a steamer is allowed to take anchorage in a foreign country's territorial waters when circumstances necessitated it. In the case of the *Tatsu Maru,' being of deep draught, she could not go straight in shore, so she bad ample reason to take anchorage outside.
"Thirdly, there is no indication that the Tatsu Maru was preparing to unload her cargo. The fact is that pilots were sent for, and they were about to do their work.
Thus there is no fault on our part, and the action of the Chinese gun-boats is entirely illegal. And it is rather ridiculous that the Chinese Government should try to deal with this affair in the light of infringement of Customs rules. In consideration of the uneasiness which our shipping business men naturally feel in connection with this affair, the Japanese Government has been urging the Chinese Government to at once take proper steps. A few days ago the Chinese Government made answer through our Minister at Peking to our demand, and our Consul at Canton was also notified of it; but this answer our Government refused to accept, on the ground that it was not an answer to our demands. Such being the case, if China does not give satisfactory answer, the Japanese Government may be compelled to take strong
measures.
Inclosure 2 in No. 1.
Admiral Sir A. Moore to Sir C. MacDonald,
(Telegraphic.) P.
March 18, 1908. WHEN I paid my farewell visit to his Excellency the Viceroy of Canton, he discussed fully the question of the "Tatsu Maru," and asked my assistance, urging that the attempts which, at the instigation of Great Britain, he was loyally making to suppress piracy, were thwarted by the illegal importation of arms. I promised to make his views known to the British Minister, and expressed my sympathy with him.
In my opinion, his Excellency's efforts to prevent the smuggling of arms through Macao should be supported, as the existence of this traffic is one of common knowledge.
Inclosure 3 in No. 1.
Sir C. MacDonald to Adiniral Sir A. Moore,
(Telegraphic.) P.
March 14, 1908. I HAVE received your Excellency's telegram of the 13th March,
As the ship's papers, as well as those relating to the arms, were in order, the Japanese Government maintain, and in my opinion with reason, that there was no illegal importation of I understand that the Japanese Government are quite ready, upon being approached by the Chinese Government, to put a stop to the importation of arms into Macao.
arms.
I am confidentially informed that the Central Government in China are strongly opposed to arms being exported from Macac.
565
1
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