Official notification. Whereas the undersigned has been officially informed that hostilities have commenced in this country between his Majesty the Mikado and the Tycoon, and whereas a strict and impartial neutrality should be observed by all British subjects in the contest between the said contending parties, the undersigned, her Britannic Majesty's envoy extraordinary and minister plenipotentiary in Japan, hereby calls upon all subjects of her Majesty to abstain from taking part in any operations of war against either of the contending parties, or in aiding or abetting any person in carrying on war for or against either of the said parties, and to avoid the infringement of any British law or statute made and provided for the purpose of maintaining neutrality in foreign or civil contests, or of the law of nations relating thereto. The undersigned hereby publishes, for the information of her Majesty's subjects, the following three sections of the statute made and passed in the fifty-ninth year of his Majesty King George III, commonly called the foreign enlistment act; and further warns all subjects of her Majesty that if any one commits any violation or contravention of the law of nations relating to neutral or belligerent rights, as, for example, by entering into the military service of either of the said contending parties in any capacity. or by serving in any capacity on board any ship or vessel of war or transport of or in the service of either of the said contending parties, or by enlisting or engaging in any such service, or by procuring or attempting to procure other persons to do so, or by fitting out, arming, or equipping any ship or vessel to be employed as a ship of war or transport by either of the said contending parties, or by carrying officers, soldiers, dispatches, arms, military stores or material, or any article or articles considered and deemed to be contraband of war, according to the law or modern usage of nations, for the use or service of either of the said contending parties, then, and in all such cases, every British subject so offending will incur and be liable to the several penalties and penal consequences imposed or denounced by the statute aforesaid or by the law of nations, and may forfeit all claim to her Majesty's protection, and to the rights and privileges of the treaty concluded between Great Britain and Japan. Given under my hand, at Hiogo, this 18th day of February, 1868. HARRY S. PARKES, Her Britannic Majesty's Envoy Extraordinary and Extract from an act to prevent the enlisting or engaging of his Majesty's subjects to serve in foreign service, and the fitting out or equipping in his Majesty's dominions, vessels for warlike purposes, without his Majesty's license. (3d July, 1819.) II. And be it further declared and enacted, That if any natural-born subject of his Majesty, his heirs and successors, without the leave or license of his Majesty, his heirs and successors, for that purpose first had and obtained, under the sign manual of his Majesty, his heirs and successors, or signified by order in council, or by proclamation of his Majesty, his heirs or successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a soldier, or to be employed or to serve in any warlike or military operation in the service of, or for, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or of any person or persons, exercising, or assuming to exercise the powers of government in or over any foreign country, province, colony, or part of any province or people, either as an officer or soldier, or in any other military capacity; or if any natural-born subject of his Majesty shall, without such leave or license as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment as an officer, or shall enlist or enter himself, or shall agree to enlist or enter himself to serve as a sailor or marine, or to be employed or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out or equipped, or intended to be used for any warlike purpose in the service of, or for, or under, or in aid of any foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people; or if any natural-born subject of his Majesty shall, without such leave and license as aforesaid, engage, contract, or agree to go, or shall go, to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent or in order to enlist or enter himself to serve under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or in the service of, or for, or under, or in aid of any person or persons exercising, or assuming to exercise the powers of gov ernment in or over any foreign country, colony, province, or part of any province or people, either as an officer or a soldier, or in any other military capacity, or as an officer or sailor or marine in any such ship or vessel as aforesaid, although no enlisting money or pay or reward shall have been or shall be in any or either of the cases aforesaid actually paid to, or received by him, or by any person to or for his use or benefit; or if any person whatever, within the United Kingdom of Great Britain and Ireland, or in any part of his Majesty's dominions elsewhere, or in any country, colony, settlement, island, or place belonging to, or subject to his Majesty, shall hire, retain, engage or procure, or shall attempt or endeavor to hire, retain, engage or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, for or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or for, or under, or in aid of any person or persons exercising or assuming to exercise any powers of government as aforesaid, or to go or to agree to go, or embark from any part of his Majesty's dominions, for the purpose or with intent to be so enlisted, entered, engaged or employed as aforesaid, whether any enlisting money, pay, or reward shall have been, or shall be actually given or received or not-in any or either of such cases every person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted. VII. And be it further enacted, That if any person within any part of the United Kingdom, or in any part of his Majesty's dominions beyond the seas, shall, without the leave and license of his Majesty for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavor to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or storeship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects of any prince, state, or potentate, or against the persons exercising or assuming to exercise the powers of government in any colony, province, or part of any province or country, or against the inhabitants of any foreign colony, province, or part of any province or country, with whom his Majesty shall not then be at war, or shall, within the United Kingdom, or any of his Majesty's dominions, or in any settlement, colony, territory, island, or place belonging or subject to his Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of any such ship or vessel, shall be forfeited; and it shall be lawful for any officer of his Majesty's customs or excise, or any officer of his Majesty's navy who is by law empowered to make seizures for any forfeitures incurred under any of the laws of customs or excise, or the laws of trade and navigation, to seize such ships and vessels aforesaid, and in such places and in such manner in which the officers of his Majesty's customs or excise and the officers of his Majesty's navy are empowered respectively to make seizures under the laws of customs and excise, or under the laws of trade and navigation; and that every such ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the like manner and in such courts as ships or vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navigation. VIII. And be it further enacted, That if any person in any part of the United Kingdom of Great Britain and Ireland, or in any part of his Majesty's dominions beyond the seas, without the leave and license of his Majesty for that purpose, first had and obtained as aforesaid, shall, by adding to the number of the guns of such vessels, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war, or cruiser, or other armed vessel which at the time of her arrival in any part of the United Kingdom, or any of his Majesty's dominions, was a ship of war, cruiser, or armed vessel in the service of any foreign prince, state, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in or over any colony, province, or part of any province or people belonging to the subjects of any such prince, state, or potentate, or to the inhabitants of any colony, province, or part of any province or country under the control of any person or persons so exercising or assuming to exercise the powers of government, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon being convicted thereof upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted. Notification. Learning from official information that there is war in Japan between his Majesty the Mikado and the Tycoon, the undersigned, in order to secure a strict observance of neutrality, notifies all Italian subjects that taking an active part in the war, (though not as combatants,) the sale of war vessels and transports, the transportation of armed men, dispatches, articles contraband of war, in Italian merchant vessels, to any of the contending parties, or for them, constitutes an infraction of neutrality according to the principles of international law, and may be regarded as acts of hostility. Therefore all persons in military service may be treated according to the rules of war, and vessels and other mediums of transport shall be liable to capture and confiscation, as well as the cargo of neutrals found on board. Any violation of neutrality by Italian subjects or vessels exposes them to a deprivation of the right to claim the protection of the government of his Majesty the King of Italy, and of the rights and privileges secured to them by the Italian-Japanese treaty. DE LA TOUR, Envoy Extraordinary, &c., of his Majesty the King of Italy. HIOGO, February 18, 1868. Notification. Taking into consideration that war has broken out between the Mikado and the Tycoon of Japan, according to official reports, we hereby warn all subjects of the Netherlands to preserve strict neutrality by not taking part on either side; they are not to sell war vessels or transports; they shall not carry armed men, dispatches, or munitions of war, or any material contraband of war, to either belligerent, such acts constituting a violation of the principles of international law, and are regarded as acts of hostility. Therefore all persons employed in the military service who may be guilty of a violation of neutrality will be judged by the rules of war, and vessels and other mediums of transport are liable to capture and confiscation, and this penalty may be extended to the cargo of neutrals found on board of such vessels. All Netherland subjects guilty of violating neutrality in the manner specified shall forfeit the protection of their government, and lose all the rights and privileges assured them by the late treaty of the Netherlands with Japan, and which is now in force. D. DE GRAEFF VON POLSBROEK, Political Agent and Consul General of the Netherlands in Japan. HIOGO, February 18, 1868. Notification. Considering that, according to official advices, war has broken out in Japan between his Majesty the Mikado and the Tycoon, requiring the observance of strict neutrality, the undersigned, chargé d'affaires of his Majesty the King of Prussia at Japan, calls the attention of the citizens and subjects of Prussia to the fact, that any part taken in the war, even in the capacity of non-combatants, the procuring of vessels of war or of transports, the enlisting or transport of soldiers, dispatches, and articles contraband of war in Prussian merchant vessels for either of the two belligerents, constitute, according to the principles of international law, an infraction of neutrality, and may be regarded as acts of hostility. Persons found in the military service may, therefore, be treated according to the usages of war, whilst the vessels and other means of transportation are exposed to seizure and confiscation, which may also be extended to any cargo on board belonging to neutrals. Every infraction of neutrality by Prussian subjects and vessels would, moreover, expose the same to the danger of forfeiting their claim to the protection of the King's government, and to the rights and privileges guaranteed in the treaty between Prussia and Japan. VON BRANDT, The King's Chargé d'Affaires. HIOGO, February 18, 1868. Notification. [Translation.] Considering that, according to official advices which have been communicated to the representatives of foreign powers, war has broken out between his Majesty the Mikado and the Tycoon, the undersigned, for the purpose of assuring the observance of strict neutrality on the part of French subjects, informs them that all military co-operation of whatever nature it may be, the sale of vessels of war and transports, the transport of soldiers, dispatches, and articles contraband of war by French vessels for or against one of the two belligerent parties, constitutes, according to the rules of international law, an infraction of the laws of neutrality, which would expose the delinquents to the penalties provided by law, and merchant vessels to be seized and their cargoes confiscated; and, moreover, any infraction of neutrality on the part of subjects and of those protected by France would expose them to lose the protection of the government of his imperial Majesty, and deprive them of the rights and privileges which are accorded to them by the Franco-Japanese treaty. HIOGO, (KOBÉ,) February 18, 1868. B'ON BRIN, The Chargé d'Affaires ad interim. LEGATION OF THE UNITED STATES IN JAPAN, SIR: Having been officially informed of the existence of war in Japan between the Mikado and Tycoon, after a conference and agreement with all my colleagues, the representatives of foreign powers now at this place, I have issued a notice demanding that strict neutrality be observed by all citizens of the United States. Copies of this notice I inclose herewith. You will please cause it to be properly published to such citizens in your jurisdiction, and, so far as is possible, see it carried into effect. I have given similar notice to our consular agents at both Hiogo and Osaka. I have the honor to be, sir, yours, very respectfully, General J. STAHEL, R. B. VAN VALKENBURGH, Minister Resident of the United States in Japan. LEGATION OF THE UNITED STATES IN JAPAN, SIR: Having been officially informed by the Mikado that war exists between him and the Tycoon, in consultation and conjunction with my colleagues, the representatives of France, Great Britain, Holland, Italy, and Prussia, and in consideration of having been requested by both parties to request our countrymen to observe a strict neutrality, I have issued a notice, copy of which I inclose. I have sent to the consul at Yokohama copies of the same notice, with a request to cause it to be published. Strict neutrality must be observed; and in case the Stonewall should arrive at Yokohama after the receipt by you of this communication, you will not deliver her to the Tycoon's government until my return, but take such measures to retain her under the American flag, either at Yokohama or Hong Kong, as you may deem best. I have the honor to be, sir, your very obedient servant, A. L. C. PORTMAN, Esq., R. B. VAN VALKENBURGH, Minister Resident of the United States in Japan. United States Secretary of Legation, Yokohama. Washington, February 27, 1868. SIR: I have the honor to acknowledge the receipt of your dispatch of the 13th of December, No. 74, together with its accompaniment. The latter consists of, first, a note without date, which was addressed to you by the Gorogio, by way of explaining the political crisis which has occurred in Japan; second, a copy of a note which was written by one of the ministers for foreign affairs, Ogassawan Iki No Kami, to Sir Harry Parkes, her Majesty's minister at Yedo, and which explains the present position of the Tycoon in regard to foreign intercourse. Mr. Dix, United States minister at Paris, has recently transmitted to this department a copy of two notes which were addressed to him by the Japanese chargé d'affaires in France, the purport of which notes, differing only in the language of translation, is the same with that of the notes which accompany your dispatch. We sincerely sympathize with the government and people of Japan; we hold in high consideration the efforts of the Tycoon and his government to maintain public order and to fulfill the national treaties. We shall await with no little solicitude the progress of the measures of restoration and reformation which have been inaugurated. You will assure the government of the continued good-will and esteem of the United States. Your proceedings in going to Osaka and Hiogo, to be present at the opening of those ports, are approved. I am, sir, your obedient servant, WILLIAM H. SEWARD. R. B. VAN VALKENBURGH, Esq., &c., &c., &c. No. 13.] Mr. Van Valkenburgh to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I have the honor to transmit to you, marked inclosure No. 1, copy of a memorandum made by all the representatives of foreign powers, and bearing upon my order to Mr. Portman to delay the delivery of the Stonewall. This matter was fully discussed by us in our conference of the 18th instant, at which our notices of neutrality were agreed upon, but the memorandum was only signed to-day. The position of affairs is, as near as I have been able to learn, as follows: The government of the Mikado is in the hands of Satsuma, Choshui, Tosa, Etchizen, Owari, and several other Daimios. The southern or western portion of the country submit to his authority, while east of the Hakim Mountains the Tycoon's party is strong. It is said to-day that the Tycoon has become "inkio," or retired from power, and that the Prince of Kiusiu has been declared head of the Yokugawa family and successor of the Tycoon. I have no reason to doubt this report, as it comes very well authenticated from Yedo. What effect this will have upon the present position it is impossible to tell, but I trust through it may be found an end to the If the Prince of the Kiusiu submits, all will be well. war. |