No. 74.J LEGATION OF THE UNITED STATES IN JAPAN, SIR: I have the honor to acknowledge the receipt of your letter, dated the 10th instant, in which you inform me that, in consequence of the attack on the British legation in this city, you had decided not to return to Yedo until you are further instructed by your government. You also enclose copy of a letter addressed by you to the Japanese ministers for foreign affairs, in which you announce to them your decision not to return here, adding that you are led thereto by the same motives which induced you to leave Yedo temporarily in the month of January last. I return you my thanks for the information you have thus conveyed to me, and at the same time beg to refer you to the enclosed copy of a letter addressed to me by the Japanese minister for foreign affairs on the 4th of June, in which they inform me of the punishment inflicted on seven persons for neglect of duty on the night of the murder of the lamented Mr. Heusken, of this legation. I have the honor to be, sir, your most obedient, humble servant, TOWNSEND HARRIS, Minister Resident of the United States in Japan. His Excellency J. K. DE WITT, His Netherlands Majesty's Consul General in Japan, Yokohama. No. 40.] Mr. Harris to Mr. Seward. LEGATION OF THE UNITED STATES IN JAPAN, SIR: I have the honor to enclose herewith (No. 1) copy and translation of a letter from the Japanese ministers for foreign affairs, informing me of the detection and death of two more of the persons who were engaged in the attack on the English legation in this city on the night of July 5, and further stating that the most active measures are being pursued to secure the arrest of the remainder of the band-five in number-who are still at large. I also enclose herewith (No. 2) translation of a declaration, which was signed by the whole of the desperadoes before making the attack. I learn, from reports, that Mr. Alcock, the British minister, has at last come to the conclusion that the Japanese government had no part whatever in encouraging or inciting the attack in question; and that he is now convinced that they are acting in good faith and are doing all in their power to insure the safety of the foreign residents. I have the honor to be, sir, very respectfully, your obedient servant, Hon. Wм. H. SEWARD, Minister Resident. Secretary of State, Washington. To his excellency Townsend Harris, minister plenipotentiary of the United States of America, &c., §c., &c.: We have to state to your excellency that a standing order has been issued to prosecute those who took part in the attack on the British legation in the 5th month, and had effected their escape. Accordingly, when it became known that Mayke Sinpatchiro and another one had concealed themselves at Hihongomura, (name of the village,) in the principality of Dsioshü, the proper persons to effect their arrest were at once despatched to that village, where it was found that both had committed suicide at a farmhouse. Sinpatchiro died immediately, and the other, though seriously wounded, was still living; he was, therefore, transferred to the prison, and surgical aid given to him. On the 27th day of last month he also died. To what place the others have taken themselves is not yet known, but the order for a rigid inquiry has been given, the foregoing being the report of the authorities of Dsioshi. When further arrests will be made you will be notified. In the meantime we hasten to state the foregoing for your information. With respect and courtesy. On the 4th day of the 9th month of the 1st year of Runkin, (the 7th of Oc¡tober, 1861.) KUDSI YAMATO NO KAMI. A true translation. A. L. C. PORTMAN. Translation of an agreement between fourteen persons, having for its object the expulsion of foreigners from Japan, in connexion with the attack on the British legation on the night of the 5th of July, 1861, with remarks. I, the undersigned, of humble station, but animated with a grand design, in honor of the sovereign, to get rid of the foreigner-the barbarian, whose presence in the sacred empire is intolerable-do hereby solemnly engage myself to that effect. As it cannot be expected from a single person of the humbler class that he will succeed in vindicating the power of the empire, I intend, in all sincerity, to raise a limited armed force, and thereby confer a thousand benefits upon the empire, to the best of my ability. Should this lead to the expulsion of the barbarian, without disturbing the Emperor's faithful, it would, indeed, redound to the greatest honor of me, a person of the humblest class. Wherefore I have determined to act, regardless of all consequences to myself. The 5th month of the 1st year of Bunkin. 1. Ariga Hanya. 2. Okami Tamedziro. 5. Sakaki Etchaboro. 6. Kimura Koanoske. 7. Isikawa Kinsiro. A true translation. 8. Yadzawa Kenoske. 9. Watanabe Kudzu. 10. Frucawa Simenoske. 11. Yamasake Sinoske. 12. Nacamura Teiske. 13. Cobori Torakitchi. 14. Kurosawa Goro. A. L. C. PORTMAN. REMARKS. Killed in the repulse by the Japanese guards: 6. Kimura Koanoske. 13. Cobori Torakitchi. Arrested on the spot by the same: 5. Sakaki Etchaboro. 10. Frucawa Simenoske. Arrested at Sinagawa after failing to commit suicide: 7. Isikawa Kensiro. Found to have committed suicide at Sinagawa: 11. Yamasake Sinoske. Committed suicide at Hionghomura: 12. Nacamura Teiske. 3. Mayke Sinpatchiro and another one. According to which five of the fourteen desperadoes are still at large. Mr. Harris to Mr. Seward. No. 49.] LEGATION OF THE UNITED STATES IN JAPAN, SIR: I have the honor to acknowledge the receipt of your despatches Nos. 17 and 18, dated, respectively, July 23 and August 1. You inform me that a letter from his Majesty the Tycoon to the President of the United States, and a letter from the Japanese ministers for foreign affairs to you, together with my despatch of May 8, (No. 20,) had been received; all of which papers related to a proposition of the Japanese government that the opening of the cities of Yedo and Osacca, and the harbors Hiogo and Neëgata, as stipulated in the treaty, should be postponed. You add that my counsel in relation to this matter was different from the course contemplated by the Presi dent; which was, that no postponement of the opening of the city of Yedo should be conceded, and that a joint naval demonstration should be made in the Japanese waters by all the treaty powers for the purpose of obtaining from the Japanese government satisfaction for the murder of Mr. Heusken, interpreter of this legation, and full security for the safety of the foreign residents in this country, but, in consequence of the confidence the President placed in my judgment, he waived his own opinion, and has given me discretionary power to act, in concert with the ministers of the other powers interested, in such manner as shall be most advisable for the welfare of both countries. I am very sensible of the great importance of the trust thus confided to me, and I hope that the result will show that the confidence of the President was not misplaced. In your despatch of August 1 (No. 18) you inform me that you urgently insist that, except in the extremest necessity, I shall not consent to any postponement of any covenant in the existing treaty without first receiving satisfac tion of some marked kind for the great crime of the assassination of Mr. Heus ken while in the diplomatic service of the United States. You leave me to determine on the form and mode of that satisfaction, adding that it would be best to secure, if possible, the punishment of the assassins; but circumstances unknown to you must enter into the question, and may modify my action, but you deem the principle too important to be abandoned. After reflection, it appears to me that the satisfaction required might be given in either of the three following forms, viz: 1st, by the arrest and punishment of the assassins; 2d, by a salute to our flag; or, 3d, by a money payment as an indemnity. To enable you to form an opinion as to the will or ability of this government to comply with the first of those propositions, I will briefly recapitulate what has already been done in that direction. The night on which Mr. Heusken was murdered was rainy and dark, and in the unlighted streets his assassins had no difficulty in making their escape without leaving the least trace or clue behind them. The police were immediately on the alert, and orders were sent in all directions to employ a large extra force to seek for the criminals, and the ministers for foreign affairs themselves took part in issuing stringent orders that no effort should be wanting for the arrest of the murderers. These efforts to arrest the malefactors were and are still continued; many persons have been arrested, and although some of them have been put to death, it was for other crimes. The Japanese have zealously investigated every rumor (and there were many) having any reference to Mr. Heusken's death; that their efforts thus far have been fruitless, I conssider as being rather their misfortune than their fault. The officers who attended Mr. Heusken, and the guards who were on duty near the place of his murder, have all been punished for neglect of duty by dismissal from the imperial service, and declared incapable of ever again serving his Majesty. To a Japanese official such a punishment is next to a death penalty; for it deprives him of all means of support, except beggary, as he would prefer suicide to what he would consider as the degradation of labor. The funeral of Mr. Heusken was attended by the three chief personages of the embassy to the United States, and this mark of sympathy and respect was cheerfully paid, although it was contrary to Japanese custom for non-relatives to attend a funeral, as all the persons so attending are rendered unclean, and must isolate themselves for a certain period of time. I have heretofore informed you of the great imprudence of Mr. Heusken in being out at night after repeated warnings from the Japanese that he ran a risk of being murdered by exposing himself in the way he did. I firmly believe that his death was chiefly owing to his disregard of the warnings of the Japanese, and I equally believe that, had he followed my example, he would have been a living man at this day. For the reasons thus briefly set forth, I feel constrained to acquit the Japanese government of any complicity in the death of Mr. Heusken, or of even desiring it; and I am equally convinced that they have loyally and zealously endeavored to arrest and punish his assassins. A salute to our flag would be given under the following circumstances: The five forts of Yedo are built on flats over a mile from the city front, and between three and four miles from the anchorage for large vessels. At present we have no man-of-war here to receive a salute to our flag, nor are there any foreign men-of-war to witness it. The Japanese are almost daily practicing firing from their forts, and for this reason a salute would excite no attention among the masses of the people, and would probably be unknown beyond the persons actually engaged in ordering and firing the salute. The value of this mark of respect would therefore be greatly diminished by the very unfavorable circumstances under which it would be given. A money indemnity would be attended by a two-fold difficulty; on the one hand, by receiving a sum of money as a satisfaction for the death of Mr. Heusken, it would almost look like selling his blood; while, on the other hand, it might assume the appearance of a "condition precedent" to consenting to postpone our treaty stipulations, and thus be stamped as a transaction. I am to have an interview with the ministers for foreign affairs on the 26th instant, and in the interim I shall endeavor to find some solution for the difficulties which occur to me in connexión with this business. I have not the least doubt that the ministers will readily agree to any demand I may make, provided it be in their power to comply with it. I have the honor to be, sir, very respectfully, your obedient servant, TOWNSEND HARRIS, Hon. WILLIAM H. SEWARD, Secretary of State, Washington. Minister Resident. No. 50.] Mr. Harris to Mr. Seward. LEGATION OF THE UNITED STATES IN JAPAN, SIR: I have the honor to inform you that, agreeably to a previous appointment, I yesterday had an interview with Kudsi Yamato no Kami and Ando Tsusima no Kami, ministers for foreign affairs, who were assisted by some members of the second council of state. After an interchange of the usual compliments, I informed the ministers that the President had been pleased to give me discretionary powers in regard to the question of postponing the opening of the cities of Yedo and Osacca, and the harbors of Hiogo and Neegata; but that I had been expressly instructed by you to demand full satisfaction for the murder of Mr. Heusken, the interpreter of this legation, before I entered on the consideration of their requests. Ando Tsusima no Kami answered that they were willing to give me any satisfaction that might be in their power, and asked me what I required. I replied, that the arrest and punishment of the murderers of Mr. Heusken was all that I desired. The minister then said that those criminals should be arrested and punished, but whether that could be done in a month or a year was more than he could foresee. He then recapitulated what had been done by the government to secure the arrest of the assassins, and his statement corresponded with the detail I had the honor to give you on this head in my despatch of the 23d instant, (No. 49.) He continued by quoting the case of the regent, and stating their inability to arrest his murderers, as a proof that their present failure was not an exceptional case. The minister reiterated his assurance that no effort on his part should be wanting to bring these men to punishment, and concluded by saying that if this assurance was not satisfactory, that he wished I would tell him what I further required of them. I replied that Mr. Heusken was the only child of his widowed mother, who, by his death, had been deprived of her sole means of support. I would there fore propose that they should pay her a sum sufficient for her support, either in annual payments or in a sum sufficient to purchase a life annuity equal in amount to the income she received from her late son. I stated, very emphatically, that they must not consider this a proposition from me to sell the blood of Mr. Heus ken, or that the payment of any sum of money could atone for his murder. After a few explanations had been asked and given, the ministers promptly agreed to pay me the sum of $10,000 for the benefit of Mrs. Heusken. They then stated that they did not consider that the payment of this sum in any way released them from their obligation to bring to punishment the murderers of Mr. Heusken. It was after much reflection that I concluded to adopt the above mode of |