No. 2.-Letter from C. E. DeLong, in reply, thanking them for their courtesy, and recommending the enactment of a law preventing the carrying of arms by Japanese, except officers and soldiers on duty within the treaty limits of the various open ports. No. 3.-Letter of C. E. DeLong to the ministers on the same subject, after a conference with his colleagues, joining with them, as agreed at the conference, upon a recommendation for the disarmament of their people throughout the empire. Minister of Foreign Affairs to Mr. De Long. [Translation.] TOKU, the 24th of the 11th month, 3d year Muji. YOUR EXCELLENCY: We regret to inform you that two English subjects, Mr. Dallas and Mr. King, in the employ of the Japanese College, have been attacked from the rear by certain Japanese, on the street Kanda Nabechio, last night, the 23d of the. 11th month, about 10 o'clock, thereby they have received seven wounds on their backs: and they ran immediately into the house of Yamatoga Kechibu, near the place where the accident happened; accordingly the master of the said house hastened to the guard-house, stationed in its vicinity, to give notice of the occurrence, and also he sent for two Japanese doctors in its vicinity, by whom medical attendance was given to their wounds. We are exceedingly sorry to say that the offenders have escaped from the spot and their trace is unknown. Every possible means, however, to secure them was at once taken by the Tokrifu. With respect and consideration, No. 8.] Mr. DeLong to Minister for Foreign Affairs. UNITED STATES LEGATION, Yokohama, January 15, 1871. Your excellency's dispatch of yesterday, conveying to me the startling information of the assault made upon Messrs. Dallas and King, was received by me to-day. Thanking you for it, and complimenting you and all of the authorities of your government for the remarkable degree of activity manifested in the attempts to arrest the perpetrators, I beg leave to assure you of my great regret for this most important affair. Such occurrences as these, I beg leave to assure you do more to impair the credit of the Empire abroad than years of effort on the part of your well-disposed people can do to build it up. These acts discourage your friends, and will develop a disposition in the foreign mind for retaliation which may one day assume form and involve your government in the gravest consequences. I beg leave to assure you that I am convinced of the utter insecurity of foreigners, even within the treaty limits of the open ports of your Empire. Something should at once be done, not merely to avenge this or similar atrocities, but to prevent their recurrence. I can see but one way of effecting the result desired, and that is for your government to prohibit by law the carrying of arms by your people within the treaty limits where foreigners are allowed to go, excepting, of course, your officials, soldiery, and officers on duty. This is a simple, and will prove an efficacious remedy, and I can see no other. Outrages of this kind must be expected so long as one-half of the Japanese people in these cities are allowed constantly to carry two swords about with them. I beg leave to urge upon you and your government the expediency of at once adopting a law of this nature for the government of the treaty ports. With respect, C. E. DELONG. No. 14.] UNITED STATES LEGATION, YOKOHAMA, JAPAN, January 30, 1871. To their Excellencies the Ministers of Foreign Affairs, &c., &c.: I beg leave to inform your excellencies that since having answered your communication conveying to me the sad intelligence of the unfortunate assault recently made in Yeddo upon Messrs. Dallas and King, I would add to what I have already said, the assurance that the foreign representatives have heard of this outrage with deep concern. We had hoped that the establishment of the government of His Majesty the Tenno, would have been distinguished by a cessation of attacks upon the lives of foreigners, and we regret, therefore, to see in the present instance a repetition of so grave a crime. The two Englishmen had not provoked the attack. They were walking quietly in the streets when one or more Japanese stole up behind them under the cover of darkness, and cut them down with the long swords usually carried by the armed class. It is only too evident to all of the foreign representatives, that in the ranks of the Japanese sworded class there are men who are ready to use their weapons for the worst purposes, and who think little of taking the lives of their fellow-men. It is, also, evident that the disposition to crime is greatly encouraged by the light degree of restraint to which these dangerous men are subjected, and by the permission given them to wear their deadly weapons on all occasions. The sword should be the symbol of honor and distinction, and should be intrusted only to those who will not disgrace it, but how frequently many men of the sworded class are seen in the streets of Yeddo in an excited state, threatening defenseless people with their weapons, and cutting at dogs, or committing other offenses. Surely, such men are not worthy of the privilege of carrying arms, and how can the government who allows them to do so disclaim responsibility for the violence they commit. I trust that the measures now being taken by the government to bring to justice the Japanese who attacked Messrs. Dallas and King, will speedily prove successful, as the value of punishment in so serious a case depends greatly on the promptitude with which it is inflicted. But the foreign representatives all feel that the punishment due in the present instance will not alone suffice to protect their countrymen in Yeddo, or elsewhere, against the recurrence of similar violence, and they consider, therefore, that it is the duty of the Japanese government to take more resolute measures than they have hitherto done for controlling disorderly men of the sworded class. It is obvious that such danger would be avoided if officers only were allowed to wear their swords habitually, and if men of the common class were forbidden to carry these arms except when engaged on some public duty. The foreign representatives consider themselves bound, therefore, to earnestly urge on the Japanese government the adoption of a measure of this nature. If the latter should think from the trouble that it may entail it would be well for them to reflect on the danger to which they will expose themselves by allowing the lives of the subjects and citizens of all the treaty powers in Japan to be imperiled by a particular class of unruly Japanese, and on the reproach which the latter brings upon the country by such outrages as those of which the foreign repre sentatives now complain. With respect, No. 260. Mr. Fish to Mr. DeLong. [Extract.] C. E. DELONG. No. 56.] DEPARTMENT OF STATE, Washington, January 21, 1871. It is to me inconceivable that there are no courts in Japan. There must be tribunals, or officers of some kind, for settling civil controversies. The sixth article of the treaty of 1858 (Consular Regulations, page 157) refers to such courts. The treaty in effect, remits American creditors of Japanese subjects to such courts, and on general principles they must accept such remedies as the government of Japan provides for its own subjects, waiting for diplomatic intervention, till the case of a de JAPAN. nial of justice is established. If the minister will instruct his countrymen on this subject he will be relieved of the duties of an attorney in private controversies. * * * * It is not deemed advisable to propose or ask of Congress, a measure providing for an examiner of claims in Japan. The minister should not be deprived of his full responsibility about urging claims, but it would be well for our ministers everywhere to refrain from anything like a peremptory presentation of a claim until after it has been examined in this Department, except in cases of urgent emergency. The Government has frequently found itself at quite an advanced stage of the discussion of a doubtful claim before this Department had any information, or, if any, inadequate information for a judgment upon the case. I am, &c., HAMILTON FISH. No. 261. Mr. De Long to Mr. Fish. No. 152.] UNITED STATES LEGATION, February 16, 1871. (Received March 27.) SIR: Referring to my dispatch to you by the last mail, No. 155, about the attempted assassination of Messrs. Dallas and King, and the joint letter written to the Japanese ministers, I now beg leave to inclose you a copy of their reply thereto, received by me to-day, an examination. of which I think will satisfy your mind that they have recently made very rapid progress, or otherwise have foreign advisers and excusers. The letter promises nothing in effect, and its context and style confirms my convictions, expressed to you in my dispatch No. 154. I beg you to carefully examine it by the light of that opinion. (Inclosure No. 1.) I have the honor, &c. C. E. DE LONG. Ministers of Foreign Affairs to Mr. C. E. DeLong. [Translation.] YOKEI, 26th of 12 month of 3d year Myi. YOUR EXCELLENCY: We have the honor to acknowledge the receipt of your excellency's dispatch of January 20. Our government has actually, and in accordance with your excellency's request in that dispatch, instructed the strictest and minutest search, with the object of arresting the perpetrators of the attempt to assassinate the two Englishmen in the streets of Yokei, on the night of the 13th ultimo. already been apprehended and are being interrogated. They have Your excellency in that dispatch declares it to be your opinion that, in order to insure that the measures to be taken by our government for preventing the recurrence of such acts of violence in the future may be effective, unofficial persons and the lower This proposal has been suggested by class of officials should cease to wear swords. your excellency's desire to insure the permanence of the friendly relations which exist between our respective countries, and, from a foreign point of view, we agree that the belief that order easily could be kept by adopting a principle which strikes at the root of the matter is a natual and a just one. The wearing of the sword by the Japanese Samurai, however, arose originally out of the lawless condition of the middle ages, when every man made fighting his business, and distrust and uneasiness were so great that it become necessary to wear a sword in self-defense. Since the power of government has been in the hands of the military class, the sword has become a thing demanded by etiquette, and the practice is one of gradual growth. Even at the present time it is the ingrained habit of every soldierly heart to look upon the absence of the sword as a breach of etiquette. The proof of its being a thing of etiquette is, that farmers and tradesmen distinguished for eminent services have come to have the privilege of wearing the sword, and this being considered a special· distinction, is in accordance with the theory of the government which has existed for many years. If we were to suddenly revolutionize this practice, without creating some distinction to replace the sword, and making the Samurai class discover and accept the reasonableness of not constantly wearing these weapons, the Samurai and the common people would be discontented, and we have great fears that they might resort to other weapons for malicious purposes. For these reasons, we are of the opinion that it would be very difficult to adopt at the present moment the proposition contained in your excellency's letter. We shall, of course, carefully remodel the arrangements for the preservation of order in the three metropolitan cities and at the different open ports, and especially strict laws will be enacted for the arrest of Samurai or others who commit lawless acts. Although prohibitory laws exist already against those who are a nuisance in the streets, who get drunk or incapable, or wildly make an improper use of their swords to kill animals or frighten women and children, we intend to increase the strictness of these laws, and to punish, in proportion to the offense perpetrated, any Samuria of the upper or lower classes, and even persons of high rank, by taking away the sword in certain cases, never to be returned, and generally to put in force all the legislation by which such acts may be prevented. We have lately commenced to take a census, but have as yet been unable to complete it throughout the country. We intend to begin with Yokei, and inquire into the origin and antecedents of every person residing here; and as there are many persons who wear swords without being entitled to do so, we shall, without admitting any representations, strictly inforce the discontinuance of the practice in their case. And in this way our government is of the opinion that before long the result will be successfully obtained, and that the streets will be quiet, and men will be able to walk them by day or by night with a perfect sense of security. With respect, &c., No. 162.] No. 262. Mr. De Long to Mr. Fish. UNITED STATES LEGATION, Yokohama, Japan, March 8, 1871. (Received April 24.) SIR: For some time past the Japanese authorities have been making frequent application to the foreign representatives to have a game law put in force at the different treaty ports. Finally, at the request of my colleagues, I drew up a draught of such a law, which we submitted to the Japanese ministers, who, after having it under their consideration for some time, finally advised us that what they really wanted was not a game law, as we understood it, but a law to prohibit hunting by foreigners in temple-groves, castle-moats, and on game-preserves, and also a law to prohibit the use of fire-arms in cities, and near inhabited dwellings, &c. We then told them to write to us, letting us know exactly what they did want, and on the 15th day of February, 1871, I received a letter from them on this subject. (inclosure No. 1.) My colleagues also received identical letters, and we discussed with each other what action we could take to carry out the ideas and wishes of the Japanese. My suggestion at first was that the Japanese should promulgate a law of this nature, with a penal clause in it, and that then the foreign representatives should notify it to their people, and instruct their consular officers to enforce it. In reply to this suggestion, my British colleague said that British subjects could only be tried and punished in Japan for violation of British law, and cailed my attention to the fact that such was the rule with all other foreigners. Referring to the first subdivision of Article 4 of the treaty of 1857, (see consular regulations No. 155,) you will find that such is indeed the rule. This left me at a loss to know just what to do. Subsequently I received the inclosed letter (inclosure No. 2) from my colleague, Sir Harry S. Parkes, accompanied with a draught of regulations on the subject, that he proposed to issue, (inclosure No. 3) I at once replied to him (inclosure No. 4) submitting in return a draught of certain regulations, which I proposed, with your consent, to issue, (inclosure No. 5.) This matter again brings squarely before us the necessity for Congress to legislate generally for our people here, or vest the power with the representatives to make regulations, and give them the force of law until passed upon by Congress. You are aware that we have but little Federal legislation regulating mere municipal matters, defining crimes, or providing punishments for many offenses. We have no common law on the subject; but have left each State to regulate these matters for itself. I therefore find myself unable to help these authorities, to prevent these mean wrongs that foreigners here occasionally engage in; such as shooting birds and hares in temple-groves, burial-grounds, &c., and shooting ducks and geese in cas tle-moats, and in a hundred other ways outraging Japanese ideas of civ ility and decency, besides imperilling themselves and the peace of each community. This is but a fair illustration of the necessities that almost daily arise for some legislation for the government of our people in Japan. With due respect, I submit this matter to you for advice and instruction. TOKEI, the 20th of the 12th month of the 3d year of Meidi. YOUR EXCELLENCY: At the last general conference held between us and foreign representatives, the matter respecting the shooting regulations was not concluded, because some articles of the said regulations cannot be applied both to the foreigners and Japanese; cousequently we are desirous to adopt the following rules for the time being: That the chasing of all kinds of beasts and birds is forbidden within the inclosures as well as the different places granted to the Japanese by the government for chasing at their 'occupations, and also in the compounds of churches and temples where the chasing is generally forbidden, although they are in the treaty limits; on such places the law of prohibition of chasing is posted on board in the Japanese, with foreign translation, for the guidance both of foreigners and Japanese. |