On February 1, in a supplementary remark to my address on Japan's foreign policy, I gave an outline of our negotiations with the British Government concerning the "Asama Maru" case. Since then we carried on in earnest our negotiations with a view to effecting a speedy settlement of the case. As a result, although we have not yet arrived at a complete settlement, we have reached an important stage in that direction. I desire to avail myself of this occasion to report on the progress so far achieved.
As I have already stated, the reply of the British Government to our protest of January 22 was transmitted to us through Ambassador Craigie in Tokio under the date of January 27. In their note the British Government expressed their great regret at the occurrence of the incident so near our capital which aroused such profound indignation of our nation, and at the same time dwelt at length on their legal opinions of the case.
To this British note we replied under date of February 1 that we took note with pleasure that the British Government, giving serious consideration to the fact that the incident had aroused public feeling in Japan, expressed their regret. At the same time we made a detailed refutation of the British views from the legal standpoint, and requested for the return of the twenty-one Germans taken out of the "Asama Maru", because we could not but arrive at the conclusion that the action of the British man-of-war was illegal under international law.
As regards the divergence of views between the two Governments, all its details will be made available in the official notes to be published this afternoon. However, to give a resumé of the matter, the British Government place an interpretation of their own on Article 47 of the Declaration of London, stipulating the category of enemy nationals who may be removed from a neutral ship engaged in peaceful navigation on the high seas, and, moreover, they contend that the said Declaration of London has no binding authority whatever, as it has not been ratified by the signatory Powers. The practice to remove enemy nationals from a neutral ship engaged in peaceful navigation is, the British Government claim, an established principle in international law. But according to the views of the Japanese Government, it is clear from the related documents concerning the Declaration of London that Article 47 should not be construed as it is interpreted by the British Government. Again, although the said Declaration has not been ratified, it is considered as constituting rational adjustments and compromises between various principles regarding naval warfare, and it has been incorporated in the internal laws of many countries. In the light of this fact, we believe that the Declaration of London should be regarded to serve as a criterion in the Law of Nations. Furthermore, if we were to assume that the Declaration is totally invalid as is contended by the British Government, the alternative would rather be that we should observe the general principle that no enemy nationals shall be taken out of a neutral ship engaged in peaceful navigation on the high seas. In brief, the British views have no
foundation either in academic doctrines or in precedents for convincing us of their validity.
The Japanese Government maintain resolutely the above-stated views from the legal standpoint. But apart from the legalistic arguments, our Government, with a view to facilitating an early settlement of the case from political considerations, urged upon the British Government more than once the importance to the Anglo-Japanese relations of the release by the British of the Germans in their hands as soon as possible. We asked the British Government for sincere reconsideration and endeavoured to achieve our objective. As a result, the British Government in a note under date of February 5 communicated to us that they could not alter their views but as an earnest of the British Government's desire to settle the case amicably, they were prepared, while reserving all their legal rights concerning the case, to deliver to the proper Japanese authorities at such time and place as may be agreed upon hereafter nine of the Germans in retention on the grounds that investigations as to their training and antecedents have disclosed the fact that some are relatively unsuitable for military service than others.
The Japanese Government appreciate the desire of the British Government to effect a speedy and amicable settlement of the case. However, the number of men to be returned being only a portion of those demanded by us we are by no means satisfied. Therefore, although we intend to take over the said nine men, it is our intention to continue, in accordance with our above-mentioned views, to insist upon the delivery by the British Government of the rest of the Germans in retention.
As for the future the Government have decided, in order to eliminate uneasiness on the part of Japanese vessels in navigation hereafter, to issue instructions to various Japanese shipping companies not to allow the persons who are embodied in the armed forces of the belligerent Powers (including those who are suspected as such) to take passage on board their vessels, and the necessary steps therefor have been completed. The attention of the British Government has been called to the measures above stated. The circumstances being such, it is my firm belief that in the future the occurrence of an incident similar to that of the "Asama Maru" will be prevented.