Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress
Mr. Van Valkenburgh to Mr. Seward.
Sir: On the 18th of July, as stated in my despatch No. 38, of date of September 18, the Mikado issued to the Tycoon an order directing him to commence hostilities against Prince Choshu, who for some time had been in a state of rebellion against the government.
In compliance with this order the Tycoon at once made preparations to move upon Choshu’s forces, and on the 24th of July a communication was received by W. P. Mangum, esq., United States consul at Nagasaki, from the governor of that place, (a copy of which is herewith transmitted,) requesting that he issue to American citizens a notice that they must not anchor in the ports of Suwo and Nagato, and giving the reasons for this request being made to him by the governor. This letter of the governor of Nagasaki was referred to the legation.
On the 1st and 4th of August, despatches were received from the Gorogio, by Mr. A. L C. Portman, then chargé d’affaires, requesting that he would issue a notification forbidding the anchorage of American vessels in the straits of Simonoseki or their passage through those straits.
In compliance with the request of the Gorogio, as expressed in these two communications, Mr. Portman at once issued to each of the United States consuls in Japan a notice, a copy of which is herewith enclosed, and communicated his action to the Gorogio. On the 7th of August a similar notification [Page 215] was issued by Mr. Von Polsbroeck, H. N. M’s political agent and consul general a copy of which is herewith transmitted.
On the 10th of August, Choshu sent a communication, announcing that war had actually broken out, and requesting that American ships might not approach the coasts of Suwo and Nagato by night, and that they would always show their colors in order that they might not be mistaken for enemies. About the same time a notification, especially intended for the people of the disaffected districts, was circulated from the Japanese war department.
On the 28th of August I had a long interview with Sir Harry S. Parkes, her Britannic Majesty’s envoy extraordinary and minister plenipotentiary, and we came to an understanding, in pursuance of which he issued, at the times on which they bear date, the three several notifications enclosed herein.
In pursuance of the same understanding and in furtherance of Mr. Portman’s notification of August 4, I issued on the 11th of this month the enclosed notice and regulation for the guidance of American citizens during the pending hostilities.
I have the honor to be, sir, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Translation.]
I have the honor to suggest to you that as Moori Dizen, the Prince of Nagato, has failed in obeying the order of our government, so there will be a war to try his crime as soon as our troops are ready. For tie above reason it is certain that our Gorogios at Yedo will discuss with the representatives of the treaty powers so as to prevent the foreign vessels from anchoring in the ports of those provinces, viz., Nagato and Suwo, and from passing through the straits of Simonoseki. Accordingly I have received the despatch from a member of the Gorogio at Kokura, ordering that, as Nagasaki is so distant from Yedo, while the notification is not yet circulated to all the foreigners, most probably, on the other hand, the war will have been declared at that place, it is necessary to request you will please give the notice to all the subjects to abstain from anchoring at those ports and passing through those straits until further suggestions shall be made by me.
With compliments.
Willie P. Mangum, Esq.
[Translation.]
We have the honor to inform you that we already desired you that you would give a notice to your people that vessels of your country shall not anchor in the strait of Simonoseki, in Nagato, for we have been told that some vessels, though we know not to what country they belong, have often anchored in the places above mentioned. Now, as two provinces, Nagato and Suwo, have become the seat of war, and as hostilities will soon be commenced, it is not unlikely that some accident will happen during the campaign. We wish, therefore, that you will soon declare that vessels of your country shall not anchor on the coast of these two provinces.
With respect and esteem,
His Excellency A. L. C. Portman, Esq., Chargé d’ Affaires of the United States of America.
[Translation.]
We have the honor to make the following communication: We believe that you have already executed our wishes to give a notice to your people that vessels of your country [Page 216] shall not anchor in the harbors of the provinces of Nagato and Suwo, because these two provinces have become the seat of war. Now we desire you will again declare that vessels of your country shall not pass those coasts, as the troops of both sides are marching to those provinces and there is great confusion there, and if any accident should happen to the foreign vessels it might cause bad feeling between them and us. Though we are sorry to give you the trouble twice, we are obliged to write this, as we are very uneasy on the subject.
With respect and reverence,
His Excellency A. L. C. Portman, Esq., Chargé d’ Affaires of the United States of America.
[Untitled]
Sir : I received two communications from the Gorogio, in quick succession, informing me that the forces of this government are now closing in upon Choshu, and urging, with a view to avoiding complications, the immediate issue of a notice requesting American shipmasters to give the coasts of Suwo and Nagato a wide berth pending those military and naval operations. In compliance with the desire expressed I have now to request you to make the foregoing known to all American citizens within your consular jurisdiction.
I have the honor to be, sir, your obedient servant,
George S. Fisher, Esq., United States Consul at Kanagawa.
[Untitled]
I have the honor to acknowledge the receipt of your two communications, dated the 20th and 23d day of this year, 6th month, respectively, and to inform your excellencies, in reply, that, in compliance with the wish expressed, I have at once issued a notice to American shipmasters, desiring them not to approach the coast of Suwo and Nagato.
With respect and esteem,
Their Excellencies Inoweye Kawatsi no Kami, Matsu Daira Suwo no Kami.
Notification.
The war operations of his Majesty the Tycoon against Mori Daizen, Prince of Suwo and Nagato, having commenced, commanders and masters of Netherlands men-of-war and merchantmen are earnestly warned, by desire of the Japanese government, not to anchor off the coasts of those provinces or to pass the strait of Simonoseki.
[Translation.]
Though the warm weather is nearly over, I hope you will continue in good health. I have to inform you that the Tycoon will commence war, and that, in consequence, the population of Boshu and Choshiu (Suwo and Nagato) are necessarily united in repelling those hostilities. I have to request, therefore, that your ships of war and merchant vessels will not approach the coasts of those provinces by night, and that they will not pass through the straits of Simonoseki, but that they will always show their colors in order to prevent their being mistaken for enemies.
Which I have to state with respect.
His Excellency the American Minister.
Notification.
The attacking forces have now been directed to advance, because Daizen, father and son, have been prevented, by evil persons, to behave penitently, although they have before reported themselves undergoing submission.
This expedition is only directed against those evil-doers whose opposition to the judgment of the government is only contemplated to make the offences of Daizen and son worse. As this expedition is intended to punish these men only, those that remain orderly in the interest of the country have nothing to fear. Even those that have plotted together with the evil-doers but repent of their offences and submit themselves shall be pardoned, and those that indicate the whereabouts of the evil-doers shall be duly rewarded. Peasants and citizens shall remain undisturbed and continue their usual occupations and professions. Old men and children should be removed for a time from the scene of battle, to a place of safety where no harm shall reach them.
The above notification is to be circulated among the people of the two provinces of Suwo and Nagato without exception, and they are carefully to bear it in mind.
Official notification.
In view of the state of war which now exists between the Tycoon of Japan and the lord of the Japanese provinces of Nagato and Suwo, otherwise known as the Daimio Choshu, the undersigned, her Britannic Majesty’s envoy extraordinary and minister plenipotentiary in Japan, deems it advisable to draw the attention of all her Majesty’s subjects in Japan to the undermentioned sections of the order of her Majesty in council of the 9th day of March, 1865:
“Section 81.
“If any British subject commits any of the following offences, that is to say—
“1. In China, while her Majesty is at peace with the Emperor of China, levies war or takes part in any operations of war against the Emperor of China, or aids or abets any person in carrying on war, insurrection, or rebellion against the Emperor of China ;
“2. In Japan, while her Majesty is at peace with the Tycoon of Japan, levies war or takes part in any operations of war against the Tycoon of Japan, or aids or abets any person in carrying on war, insurrection, or rebellion against the Tycoon of Japan :
“Every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable (in the discretion of the court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labor, and with or without a fine not exceeding $5,000, or by a fine not exceeding $5,000 without imprisonment.
“In addition to such punishment every such conviction shall of itself and without further proceedings make the person convicted liable to deportation; and the court before which he is convicted may order that he be deported from China or Japan to such place as the court directs.”
“Section 92.
“All trade of British subjects in, to, or from any port of Japan, except such ports and towns as are for the time being opened to British subjects by treaty between her Majesty, her heirs or successors, and the Tycoon of Japan, is hereby declared unlawful.
“If any person engages in such trade as a principal, agent, ship-owner, shipmaster, or supercargo, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to be punished (in the discretion of the court before which he is convicted) by imprisonment for any term not exceeding two years, with or without hard labor, and with or without a fine not exceeding $10,000, or by a fine not exceeding $10,000 without imprisonment.”’
“Section 94.
“The officer commanding any of her Majesty’s vessels of war, or any of her Majesty’s naval officers authorized in this behalf by the officer having the command of her Majesty’s naval forces in Japan, by writing under his hand, may seize any British vessel engaged or reasonably suspected of being or having been engaged in any trade by this order declared unlawful, and may either detain the vessel with the master, officers, supercargo, crew, and other persons engaged in navigating the vessel or any of them, or take or cause to be taken the vessel and the master, officers, supercargo, crew, and other persons aforesaid, or any of them, to any port or place in Japan or elsewhere convenient for the prosecution of a charge for the misdemeanor alleged to have been committed.
Official notification.
The undersigned, her Britannic Majesty’s envoy extraordinary and minister plenipotentiary in Japan, having been officially informed by the ministers of the Tycoon that the forces of the government of Japan have been moved against Mori Daizen, the lord of the Japanese provinces of Nagato and Suwo, and the navigation of the strait of Simonoseki being endangered by the hostilities that have already commenced between the parties above-named, the undersigned, in the exercise of the powers vested in him by section 95 of the order of her Majesty in council of the 9th of March, 1865, has this day made the following regulation, which he hereby notifies to all subjects of her Majesty for their information and guidance.
As coal, wood, water, and fresh provisions cannot, during the period that this regulation remains in force, be obtained as hitherto at the town of Simonoseki, British ships are hereby informed that they may purchase supplies of this nature at the town of Kokura, near the western entrance of the straits:
Regulation.
From this date and until further notice, every British merchant vessel passing through the strait of Simonoseki must do so without anchoring or stopping in the waters of the said strait, which, for the purpose of this regulation, shall be held to be comprised between a line drawn on the western side of the strait from Entrance Head to the eastern extremity of the town of Kokura, and a line drawn on the eastern side of the strait from Cape Kusi Saki to the eastern extremity of the town of Tanoura, or such other limits as may from time to time be indicated by the commanding officer of any of her Majesty’s ships.
Furthermore, on being warned by the officer commanding any vessel of war of her Majesty that the passage through the said strait is unsafe, every British merchant vessel must abstain from entering the said strait until informed by the said commanding officer that she can do so without danger.
Any British merchant vessel committing an infraction of this regulation forfeits all claim to her Majesty’s protection, and, as provided by the 97th section of the order in council aforesaid, may be compelled by the said commanding officer to desist from violating the above regulation, or may be seized and detained at the place of seizure, or may be taken to any port or place in Japan or elsewhere where the offence so committed may be most conveniently prosecuted.
In addition to the above proceedings against the vessel, every person convicted of a breach of this regulation may be punished by any of the penalties named in the eighty-sixth section of the order in council aforesaid, viz:
Imprisonment for any term not exceeding three months, with or without hard labor, and with or without a fine not exceeding five hundred dollars, or a fine not exceeding five hundred dollars without imprisonment.
Official notification.
By virtue of the powers vested in the undersigned by the 95th section of the order of her Majesty in council, dated the 9th day of March, A. D. 1865, and with the view of avoiding acts of disturbance or violence which might endanger the maintenance of peaceful relations between the government of Great Britain and Japan, the undersigned has made, and hereby promulgates, for the information and guidance of her Majesty’s subjects in Japan, the following regulation relating to the navigation of the strait of Simonoseki by British ships :
Regulation.
The conveyance by British ships through or into the strait of Simonoseki of troops or armed Japanese, or of Japanese passengers, in any larger number than may be authorized in each instance under the hand and seal of one of her Majesty’s consuls in Japan, or of arms and munitions of war, is from this date, and until further notice, strictly prohibited.
Every British merchant vessel must display her colors while passing through the said strait, and must not enter or pass through the said strait at night, and must also follow such other directions as may be given with the view of preventing danger or disturbance by the officer in command of any of her Majesty’s ships.
The limits of the strait of Simonoseki are those described in the regulation made and issued by the undersigned on the first day of the present month.
[Page 219]Any British merchant vessel wilfully infringing the above regulation forfeits all claim to her Majesty’s protection, and, as provided by the 97th section of the order in council aforesaid, may be compelled by the said commanding officer to desist from violating the above regulation, or may be seized and detained at the place of seizure, or may be taken to any port or place in Japan or elsewhere where the offence so committed may be most conveniently prosecuted.
In addition to the above proceedings against the vessel, every person convicted of a breach of this regulation may be punished by any of the penalties named in the 86th section of the order in council aforesaid, viz:
Imprisonment for any term not exceeding three months, with or without hard labor, and with or without a fine not exceeding five hundred dollars, or a fine not exceeding five hundred dollars, without imprisonment.
Notification.
In furtherance of the notification issued on the 4th of August last by this legation, through the consulates at the open ports, requesting American shipmasters not to approach the coasts of Suwo and Nagato pending the then contemplated hostilities between the Tycoon of Japan and the Daimio of said provinces, and in view of the authenticated report now received that sach hostilities have actually commenced, and with the desire of preventing acts which might affect the relations now existing between the government of the United States and Japan, the undersigned, minister resident of the United States in Japan, by virtue of the power vested in him by the act of Congress approved June 22, 1860, decrees and promulgates, for the guidance of his countrymen, the following
Regulation.
American merchant vessels or steamers will not stop or anchor at any port or roadstead in this country, except the three opened ports, viz., Kanagawa, (Yokohama,) Nagasaki, and Hakodate, unless in distress or forced by stress of weather, as provided by treaty. Masters of vessels committing a breach of this regulation render themselves liable to prosecution and punishment, and also to forfeiture of the protection of the United States, if the visit, to such non-opened port or roadstead involves either a breach of treaty, or may be construed as an act in aid of insurrection or rebellion.
The undersigned further calls the attention of the citizens of the United States in Japan to the following extracts from the law approved June 22, 1860, above referred to :
Sec. 15. And be it further enacted, That murder and insurrection or rebellion against the government of either of the said countries [China or Japan] with intent to subvert the same, shall be capital offences, punishable with death.
Sec. 24. And be it further enacted, That capital cases for murder or insurrection against the government of either of the countries [China or Japan] hereinbefore mentioned by citizens of the United States, or for offences against the public peace amounting to felony under the laws of the United States, may be tried before the minister of the United States in the country where the offence is committed, if allowed jurisdiction, and it shall be competent for each of the said ministers to issue all manner of writs to prevent the citizens of the United States from enlisting in the military or naval services of either of the said countries, to make war upon any foreign power with whom the United States is at peace, or in the service of one portion of the people against any other portion of the same people, and he may carry out this power by a resort to such force as may at the time be within his reach belonging to the United States..
[l. s.]