Mr. Seward to Mr. Bigelow
Sir: Mr. Drouyn de Lhuys has instructed the Marquis de Montholon to propose to this government a modification of the terms exacted from the Japanese by the three powers in the treaty, which followed the hostilities jointly undertaken by them, for the purpose of overcoming the resistance to the free passage of the Strait of Simonoseki.
I enclose a translation* of an abstract of the instruction, which abstract the marquis has left with me for consideration. Though on its face the proposition which it contains does not seem to offer any serious objection, it is preferred that, if practicable, the adjustment desired should be made at Paris, especially as both England and France are more largely interested in this particular matter than we are, and the English minister at Paris, being so near home, can act under full instructions from his government. The subject is consequently commended to your best discretion.
Although it may be desirable that the affair should be disposed of without delay, so far as we are concerned there is an important element to be taken into consideration, which, if the business were to be settled at once by the executive authority of the United States, would not make that settlement legally binding. The treaty itself has not yet been submitted to the United States Senate. This is indispensable on any instrument of the kind, even one which does not impose an obligation on us, or which does not, like the one in question, contain a stipulation for an exchange of ratifications. You will, of course, mention this to Mr. Drouyn de Lhuys.
I am, sir, your obedient servant,
John Bigelow, Esq., &c., &c., &c.
- For enclosure see correspondence with French Legation, current series.↩