“The military activity of Russia was further accelerated from the end of January. On the 21st of January, about two battalions of the infantry and some of the artillery were sent from Port Arthur and Talien to the northern frontier of Korea; on the 28th, Viceroy Alexieff ordered the Russian troops near the Yalu to be placed on a war footing; on February 1, the Governor of Vladivostok asked the Japanese Commercial Agent at the port to prepare to withdraw to Habarofsk the Japanese subjects residing there, as the Governor was, under instructions from his Government, ready at any time to proclaim martial law; all the capable warships at Port Arthur, except one battleship under repair, steamed out to sea; and army forces were continually leaving Liao-yang toward the Yalu. Who can say that Russia had neither desire nor preparation for war? Under these critical circumstances, rendering another day’s delay inadmissible, Japan was compelled to break off the useless negotiations and take necessary measures of self-protection. The responsibility of provoking war does not rest upon Japan, but, on the contrary, entirely upon Russia.

“Moreover, Japan notified Russia, on February 6, that she would terminate her negotiations with Russia, and take such independent action as she deemed best in order to defend her position menaced by Russia and protect her interests, as well as that the diplomatic relations with Russia were severed and the Japanese Legation would withdraw from St. Petersburg. An independent action implies all, including, as a matter of course, the opening of hostile acts. Even if Russia were unable to understand it, Japan had no reason to hold herself responsible for the misunderstandings of Russia. The students of the international law all agree that a declaration of war is not a necessary condition for beginning hostilities, and it has been customary in modern warfare for the declaration to follow the opening of the war. The action of Japan had, therefore, no ground for censure in international law. It is singular that the censure should come, as it did, from Russia, for historical instances are not few in which she opened hostile acts without declaring war. In 1808, she moved troops to Finland even before diplomatic relations were severed.”[[675]]

By far the most important document containing Russian charges against Japan was the following circular addressed by Count Lamsdorff, on February 11, to the Russian Representatives abroad:—

“Since the rupture of the negotiations between Russia and Japan, the attitude of the Tokio Cabinet has constituted an open violation of all customary laws governing the mutual relations of civilized nations.

“Without specifying each particular violation of these laws on the part of Japan, the Imperial Government considers it necessary to draw the most serious attention of the Powers to the acts of violence committed by the Japanese Government with respect to Korea.

“The independence and integrity of Korea, as a fully independent Empire, have been fully recognized by all the Powers, and the inviolability of this fundamental principle was confirmed by Article 1 of the Shimonoseki treaty, and by the agreement especially concluded for this purpose between Japan and Great Britain on January 30, 1902, as well as by the Franco-Russian declaration of March 16, 1902.

“The Emperor of Korea, foreseeing the danger of a possible conflict between Russia and Japan, addressed, early in January, 1904, a note to all the Powers, declaring his determination to preserve the strictest neutrality. This declaration was received with satisfaction by the Powers, and it was ratified by Russia. According to the Russian Minister to Korea, the British Government, which had signed the above-mentioned treaty with Japan on January 30, 1902, charged the British diplomatic Representative at Seul to present an official note to the Emperor of Korea, thanking him for his declaration of neutrality.[[676]]

“In disregard of all these facts, in spite of all treaties, in spite of its obligations, and in violation of the fundamental rules of international law, it has been proved by exact and fully confirmed facts that the Japanese Government,

“1. Before the opening of hostilities against Russia, landed its troops in the independent Empire of Korea, which had declared its neutrality.