Mr. Seward to Baron Gerolt.
Sir: A clause of the third article of the treaty between the United States and Japan, of July 29, 1858, gives American citizens the right, after January 1, 1862, to reside in the city of Yedo for the purposes of trade.
Mr. Harris, our minister resident there, so long ago as the first of last August, addressed to this department a despatch recommending that the exercise of that right should be postponed another year. His argument is, that the hostility of the population of the capital to foreigners renders it hazardous for Americans to dwell there for the purposes indicated.
The treaties made by Japan with France, Great Britain, Russia, Prussia, and Holland, contain, it is understood, exactly the same stipulation in favor of the subjects of those countries. The minister from France, in January last, informed this department that his government had had under consideration the same question of postponing the day for the opening of the port of Yedo, and requested a conference and comparison of views with us on that subject. The late administration for some cause omitted to take up the matter. It has therefore devolved upon the present one.
The President might, perhaps, have yielded to Mr. Harris’s suggestion if the circumstances which surround the subject had remained unchanged. But we learn by recent despatches that Mr. Heusken, secretary of the American legation at Yedo, was, on the night of the 15th of January last, waylaid and assassinated in the streets of that city, probably without other cause than his being, as a foreigner, obnoxious to the prejudices of the population.
Of this violation of the rights of an American citizen and representative the government of Japan has made no satisfactory explanation. On the other hand, it has virtually confessed its inability to bring the offenders to punishment.
The Japanese government would infer that we are unwilling or unable to vindicate our rights if, after that transaction, we should frustrate the effect of the treaty stipulation to which I have referred. The faction opposed to the policy of opening the country to foreign commerce would be encouraged by such a measure at such a time, and would, perhaps, precipitate a revolution which would result in a loss of all the advantages of the treaty. The other powers, holding the same relations, would be involved in the same misfortunes. For these reasons the President is of opinion that no postponement of the day for opening the port of Yedo, assigned by the treaty, ought to be conceded.
But the emergency renders it necessary to make some demonstration which will render the residence of foreigners in Yedo safe. Even the diplomatic representatives there would be seriously exposed if there should be a popular outbreak, attended by timidity, on the part of the Japanese government.
The government of the United States thinks that this danger can probably [Page 548] be prevented by a very simple procedure of this kind, namely: Let all the other powers which have treaty stipulations of the same effect as those of the United States announce to the government of Japan their willingness and their purpose to make common cause and co-operate with this government in exacting satisfaction if the Japanese government shall not at once put forth all possible effort to secure the punishment of the assassins of Mr. Heusken, and also in making reclamations with signal vigor if any insult or injury shall be committed against any foreigner who shall be residing in Yedo after the port shall have been opened in January next, according to the treaty.
I pray you to submit these suggestions to your government, and if they shall be favorably received the despatches for executing their design shall be promptly prepared and laid before you.
I avail myself of this opportunity of renewing to you the assurance of my high consideration.
Baron Fr. Von Gerolt, &c., &c., &c.