Mr. Van Valkenburgh to Mr. Seward.
No. 12.]
Legation of the United States,
Hiogo,
February 24, 1868.
Sir: I have the honor to inform you that on the
14th instant I received from Higashi Kuze Saki No Shosho, the envoy of
the Mikado, a communication, stating that in consequence of the revolt
of Tokigawa Yoshinobu, (the Tycoon,) a prince of the blood of the second
rank had been appointed commander-in chief of the army of execution, and
also asking that strict neutrality be observed on the part of citizens
of the United States. Similar letters were addressed to each of the
foreign representatives at the same time. I inclose a copy, marked No.
1. We immediately held a conference and had the matter under discussion
from day to day until the 18th instant, when, after careful examination,
we agreed upon the terms of a notice to be issued by us respectively,
and bearing date on that day. I inclose, marked No. 2, a printed copy of
the one issued, and No. 3, copies of those issued by my colleagues, the
representatives of France, Great Britain, Italy, the Netherlands, and
Prussia. I also enclose (No. 4) copy of my letter transmitting these
notices to the United States consul at Kanagawa, similar letters having
been forwarded by me to the vice-consul at Nagasaki and the consular
agents at Hiogo and Osaka. I shall also, by the first opportunity, send
copies of the notice to the acting consul general at Shanghai, and also
to Hakodadi. It is now more than sixteen days since we have heard from
Yokohama direct, the opportunities for communication being very few. At
that time the Stonewall had not arrived. Whether she has since arrived
and been delivered to the Tycoon it is impossible for me to say. I have
not been informed of the nature of the instructions given to her
commander, and do not know the expected time of arrival. The question of
her delivery, under this complication of affairs, has given me great
trouble. I am informed by the representative of Great Britain that there
are several men-of-war which have been built in England for some of the
Daimios, now acting with the Mikado, on their way out for delivery, and
one or two of them are almost daily expected. The situation of affairs
is such that the delivery of these vessels at this juncture might
prolong this unhappy contest to an interminable length, and have the
effect to ruin all foreign trade and commerce in this country.
The Tycoon is still strong east of the Hakim Mountains, having Yedo for
his capital, and nearly one-half of Japan is said to favor his position
and may fight under his banner. He has the Kaio Maro, a beautiful
frigate of about 2,500 tons measurement, and carrying twenty-six guns,
built expressly for him in Holland, the Fusiyama, built in the United
States, and several steam and sailing vessels and gunboats of smaller
size. Some of the Daimios, now in alliance with the Mikado, have each
several steamers and gunboats, each party being possessed of quite a
squadron. I am of the opinion that there is but one vessel in all the
squadrons now in these waters that can successfully compete with the
Stonewall if she were properly managed, and that vessel is the English
iron-clad Ocean. Such, also, is the opinion of all the naval officers
with whom I have consulted upon the subject, or heard express an
opinion. The Tycoon, with the Stonewall in his possession, would at once
command the seas; could blockade successfully Osaka, Hiogo, and
Nagasaki, all now in possession of the Mikado, cutting off all
communication, and thus prevent the carrying on of any business, and
endanger the lives and property of our countrymen.
[Page 672]
After mature deliberation and frequent consultation with all my
colleagues, who agree with me upon this question, I have written a
letter to Mr. Portman, secretary of our legation, who is now at
Yokohama, and instructed him, in case the Stonewall should not have been
delivered to the Tycoon before the reception of my letter, to prevent
such delivery if possible, and to detain her at Yokohama, or send her to
Hong Kong for detention until I shall have returned, when I will
probably cause her further detention until I have received instructions
through you, sir, in regard to her. I believe it to be the only course I
can pursue under the circumstances, having due regard for the honor and
the interests of our government.
I inclose (No. 5) copy of my letter to Mr. Portman upon this subject. I
have asked Mr. Portman to communicate to the department such information
as he may obtain at Yedo and Yokohama during my absence from those
places.
Trusting that my action in this matter will be approved by the President
and yourself, and that I shall soon be favored with instructions, I have
the honor to be, sir, your very obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Translation.]
Sir: In consequence of the revolt of
Tokugawa Yoshinobu, Munragi No Miyra, a prince of the blood and of
the second rank, has been appointed conimander-in chief of the army
of execution. The government of the United States being neutral, it
is not to be supposed that assistance of any kind will be given to
Tokugawa Yoshinobu, either by transporting his troops or those of
Daimios acting under his orders, or by importing arms or vessels of
war, or by lending the service of American officers or soldiers.
I have the honor to propose to you that you should notify citizens of
the United States to this effect, and that your government should
take measures in order to the preservation of strict neutrality.
I have the honor to be,
HIGASHI KUZA SAKI NO SHOSHO.
His Excellency R. B. Van Vankenburgh,
American Minister.
Notice.
Having been officially informed that war exists in Japan between his
Majesty the Mikado and the Tycoon, and being desirous of taking
measures to secure the observance of a strict neutrality on the part
of citizens of the United States of America, I give notice to such
citizens that active participation in this war, by entering into
service, the sale or charter of vessels of war or transport ships
for the transportation of troops, the transportation of troops,
military persons, military dispatches, arms, ammunition, or articles
contraband of war, to or for either of the contending parties, and
similar acts, constitute, according to international law, a breach
of neutrality, and may therefore be treated as hostile acts.
Persons in such military service would subject themselves to the
rules of war, while ships and other means of conveyance engaged in a
breach of neutrality would render themselves liable to capture and
confiscation, which rule may extend to cargo belonging to
neutrals.
Such breaches would also involve the citizen and vessel in the danger
of forfeiting claim to the protection of their government, as well
as the rights and privileges granted by the treaty between the
United States and Japan.
R. B. VAN VALKENBURGH, Minister
Resident of the United States in Japan.
Legation of the
United States in Japan, Hiogo, (Kobé,)
February 18, 1868.
[Page 673]
Official notification.
Whereas the undersigned has been officially informed that hostilities
have commenced in this country between his Majesty the Mikado and
the Tycoon, and whereas a strict and impartial neutrality should be
observed by all British subjects in the contest between the said
contending parties, the undersigned, her Britannic Majesty’s envoy
extraordinary and minister plenipotentiary in Japan, hereby calls
upon all subjects of her Majesty to abstain from taking part in any
operations of war against either of the contending parties, or in
aiding or abetting any person in carrying on war for or against
either of the said parties, and to avoid the infringement of any
British law or statute made and provided for the purpose of
maintaining neutrality in foreign or civil contests, or of the law
of nations relating thereto.
The undersigned hereby publishes, for the information of her
Majesty’s subjects, the following three sections of the statute made
and passed in the fifty-ninth year of his Majesty King George III,
commonly called the foreign enlistment act; and further warns all
subjects of her Majesty that if any one commits any violation or
contravention of the law of nations relating to neutral or
belligerent rights, as, for example, by entering into the military
service of either of the said contending parties in any capacity, or
by serving in any capacity on board any ship or vessel of war or
transport of or in the service of either of the said contending
parties, or by enlisting or engaging in any such service, or by
procuring or attempting to procure other persons to do so, or by
fitting out, arming, or equipping any ship or vessel to be employed
as a ship of war or transport by either of the said contending
parties, or by carrying officers, soldiers, dispatches, arms,
military stores or material, or any article or articles considered
and deemed to be contraband of war, according to the law or modern
usage of nations, for the use or service of either of the said
contending parties, then, and in all such cases, every British
subject so offending will incur and be liable to the several
penalties and penal consequences imposed or denounced by the statute
aforesaid or by the law of nations, and may forfeit all claim to her
Majesty’s protection, and to the rights and privileges of the treaty
concluded between Great Britain and Japan.
Given under my hand, at
Hiogo, this 18th day of February,
1868.
HARRY S. PARKES, Her Britannic Majesty’s
Envoy Extraordinary and Minister Plenipontenimry in
Japan.
Extract from an act to prevent the enlisting or
engaging of Ms Majesty’s subjects to serve in foreign service,
and the fitting out or equipping in his Majesty’s dominions,
vessels for warlike purposes, without his Majesty’s
license. (3d July, 1819.)
II. And he it further declared and enacted,
That if any natural-born subject of his Majesty, his heirs and
successors, without the leave or license of his Majesty, his heirs
and successors, for that purpose first had and obtained, under the
sign manual of his Majesty, his heirs and successors, or signified
by order in council, or by proclamation of his Majesty, his heirs or
successors, shall take or accept, or shall agree to take or accept,
any military commission, or shall otherwise enter into the military
service as a commissioned or non-commissioned officer, or shall
enlist or enter himself to enlist, or shall agree to enlist or to
enter himself to serve as a soldier, or to be employed or to serve
in any warlike or military operation in the service of, or for, or
in aid of any foreign prince, state, potentate, colony, province, or
part of any province or people, or of any person or persons,
exercising, or assuming to exercise the powers of government in or
over any foreign country, province, colony, or part of any province
or people, either as an officer or soldier, or in any other military
capacity; or if any natural-born subject of his Majesty shall,
without such leave or license as aforesaid, accept, or agree to take
or accept, any commission, warrant, or appointment as an officer, or
shall enlist or enter himself, or shall agree to enlist or enter
himself to serve as a sailor or marine, or to be employed or
engaged, or shall serve in and on board any ship or vessel of war,
or in and on board any ship or vessel used or fitted out or
equipped, or intended to be used for any warlike purpose in the
service of, or for, or under, or in aid of any foreign power,
prince, state, potentate, colony, province, or part of any province
or people, or of any person or persons exercising or assuming to
exercise the powers of government in or over any foreign country,
colony, province, or part of any province or people; or if any
natural-born subject of his Majesty shall, without such leave and
license as aforesaid, engage, contract, or agree to go, or shall go,
to any foreign state, country, colony, province, or part of any
province, or to any place beyond the seas, with an intent or in
order to enlist or enter himself to serve under, or in aid of any
foreign prince, state, potentate, colony, province, or part of any
province or people, or in the service of, or for, or under, or in
aid of any person or persons exercising, or assuming to exercise the
powers of
[Page 674]
government in or
over any foreign country, colony, province, or part of any province
or people, either as an officer or a soldier, or in any other
military capacity, or as an officer or sailor or marine in any such
ship or vessel as aforesaid, although no enlisting money or pay or
reward shall have been or shall be in any or either of the cases
aforesaid actually paid to, or received by him, or by any person to
or for his use or benefit; or if any person whatever, within the
United Kingdom of Great Britain and Ireland, or in any part of his
Majesty’s dominions elsewhere, or in any country, colony,
settlement, island, or place belonging to, or subject to his
Majesty, shall hire, retain, engage or procure, or shall attempt or
endeavor to hire, retain, engage or procure, any person or persons
whatever to enlist, or to enter or engage to enlist, or to serve or
to be employed in any such service or employment as aforesaid, as an
officer, soldier, sailor, or marine, either in land or sea service,
for or under, or in aid of any foreign prince, state, potentate,
colony, province, or part of any province or people, or for, or
under, or in aid of any person or persons exercising or assuming to
exercise any powers of government as aforesaid, or to go or to agree
to go, or embark from any part of his Majesty’s dominions, for the
purpose or with intent to be so enlisted, entered, engaged or
employed as aforesaid, whether any enlisting money, pay, or reward
shall have been, or shall be actually given or received or not—in
any or either of such cases every person so offending shall be
deemed guilty of a misdemeanor, and upon being convicted thereof,
upon any information or indictment, shall be punishable by fine and
imprisonment, or either of them, at the discretion of the court
before which such offender shall be convicted.
VII. And be it further enacted, That if any
person within any part of the United Kingdom, or in any part of his
Majesty’s dominions beyond the seas, shall, without the leave and
license of his Majesty for that purpose first had and obtained as
aforesaid, equip, furnish, fit out, or arm, or attempt or endeavor
to equip, furnish, fit out, or arm, or procure to be equipped,
furnished, fitted out, or armed, or shall knowingly aid, assist or
be concerned in the equipping, furnishing, fitting out, or arming of
any ship or vessel, with intent or in order that such ship or vessel
shall be employed in the service of any foreign prince, state, or
potentate, or of any foreign colony, province, or part of any
province or people, or of any person or persons exercising or
assuming to exercise any powers of government in or over any foreign
state, colony, province, or part of any province or people, as a
transport or storeship, or with intent to cruise or commit
hostilities against any prince, state, or potentate, or against the
subjects of any prince, state, or potentate, or against the persons
exercising or assuming to exercise the powers of government in any
colony, province, or part of any province or country, or against the
inhabitants of any foreign colony, province, or part of any province
or country, with whom his Majesty shall not then be at war, or
shall, within the United Kingdom, or any of his Majesty’s dominions,
or in any settlement, colony, territory, island, or place belonging
or subject to his Majesty, issue or deliver any commission for any
ship or vessel, to the intent that such ship or vessel shall be
employed as aforesaid, every such person so offending shall be
deemed guilty of a misdemeanor, and shall, upon conviction thereof,
upon any information or indictment, be punished by fine and
imprisonment, or either of them, at the discretion of the court in
which such offender shall be convicted; and every such ship or
vessel, with the tackle, apparel, and furniture, together with all
the materials, arms, ammunition, and stores which may belong to or
be on board of any such ship or vessel, shall be forfeited; and it
shall be lawful for any officer of his Majesty’s customs or excise,
or any officer of his Majesty’s navy who is by law empowered to make
seizures for any forfeitures incurred under any of the laws of
customs or excise, or the laws of trade and navigation, to seize
such ships and vessels aforesaid, and in such places and in such
manner in which the officers of his Majesty’s customs or excise and
the officers of his Majesty’s navy are empowered respectively to
make seizures under the laws of customs and excise, or under the
laws of trade and navigation; and that every such ship and vessel,
with the tackle, apparel, and furniture, together with all the
materials, arms, ammunition, and stores which may belong to or be on
board of such ship or vessel, may be prosecuted and condemned in the
like manner and in such courts as ships or vessels may be prosecuted
and condemned for any breach of the laws made for the protection of
the revenues of customs and excise, or of the laws of trade and
navigation.
VIII. And be it further enacted, That if any
person in any part of the United Kingdom of Great Britain and
Ireland, or in any part of his Majesty’s dominions beyond the seas,
without the leave and license of his Majesty for that purpose, first
had and obtained as aforesaid, shall, by adding to the number of the
guns of such vessels, or by changing those on board for other guns,
or by the addition of any equipment for war, increase or augment, or
procure to be increased or augmented, or shall be knowingly
concerned in increasing or augmenting the warlike force of any ship
or vessel of war, or cruiser, or other armed vessel which at the
time of her arrival in any part of the United Kingdom, or any of his
Majesty’s dominions, was a ship of war, cruiser, or armed vessel in
the service of any foreign prince, state, or potentate, or of any
person or persons exercising or assuming to exercise any powers of
government in or over any colony, province, or part of any province
or people belonging to the subjects of any such prince, state, or
[Page 675]
potentate, or to the
inhabitants of any colony, province, or part of any province or
country under the control of any person or persons so exercising or
assuming to exercise the powers of government, every such person so
offending shall be deemed guilty of a misdemeanor, and shall, upon
being convicted thereof upon any information or indictment, be
punished by fine and imprisonment, or either of them, at the
discretion of the court before which such offender shall be
convicted.
Notification.
Learning from official information that there is war in Japan between
his Majesty the Mikado and the Tycoon, the undersigned, in order to
secure a strict observance of neutrality, notifies all Italian
subjects that taking an active part in the war, (though not as
combatants,) the sale of war vessels and transports, the
transportation of armed men, dispatches, articles contraband of war,
in Italian merchant vessels, to any of the contending parties, or
for them, constitutes an infraction of neutrality according to the
principles of international law, and may be regarded as acts of
hostility.
Therefore all persons in military service may be treated according to
the rules of war, and vessels and other mediums of transport shall
be liable to capture and confiscation, as well as the cargo of
neutrals found on board.
Any violation of neutrality by Italian subjects or vessels exposes
them to a deprivation of the right to claim the protection of the
government of his Majesty the King of Italy, and of the rights and
privileges secured to them by the Italian-Japanese treaty.
DE LA TOUR, Envoy Extraordinary, &c.,
of his Majesty the King of
Italy.
Hiogo,
February 18,
1868.
Notification.
Taking into consideration that war has broken out between the Mikado
and the Tycoon of Japan, according to official reports, we hereby
warn all subjects of the Netherlands to preserve strict neutrality
by not taking part on either side; they are not to sell war vessels
or transports; they shall not carry armed men, dispatches, or
munitions of war, or any material contraband of war, to either
belligerent, such acts constituting a violation of the principles of
international law, and are regarded as acts of hostility.
Therefore all persons employed in the military service who may be
guilty of a violation of neutrality will be judged by the rules of
war, and vessels and other mediums of transport are liable to
capture and confiscation, and this penalty may be extended to the
cargo of neutrals found on board of such vessels.
All Netherland subjects guilty of violating neutrality in the manner
specified shall forfeit the protection of their government, and lose
all the rights and privileges assured them by the late treaty of the
Netherlands with Japan, and which is now in force.
D. DE GRAEFF VON POLSBROEK, Political
Agent and Consul General of the Netherlands in
Japan.
Hiogo,
February 18,
1868.
Notification.
[Translation.]
Considering that, according to official advices, war has broken out
in Japan between his Majesty the Mikado and the Tycoon, requiring
the observance of strict neutrality, the undersigned, chargé
d’affaires of his Majesty the King of Prussia at Japan, calls the
attention of the citizens and subjects of Prussia to the fact, that
any part taken in the war, even in the capacity of non-combatants,
the procuring of vessels of war or of transports, the enlisting or
transport of soldiers, dispatches, and articles contraband of war in
Prussian merchant vessels for either of the two belligerents,
constitute, according to the principles of international law, an
infraction of neutrality, and may be regarded as acts of hostility.
Persons found in the military service may, therefore, be treated
according to the usages of war, whilst the vessels and other means
of transportation are exposed to seizure and confiscation, which may
also be extended to any cargo on board belonging to neutrals.
Every infraction of neutrality by Prussian subjects and vessels
would, moreover,
[Page 676]
expose
the same to the danger of forfeiting their claim to the protection
of the King’s government, and to the rights and privileges
guaranteed in the treaty between Prussia and Japan.
VON BRANDT, The King’s Chargé
d’affaires.
Hiogo,
February 18,
1868.
Notification.
[Translation.]
Considering that, according to official advices which have been
communicated to the representatives of foreign powers, war has
broken out between his Majesty the Mikado and the Tycoon, the
undersigned, for the purpose of assuring the observance of strict
neutrality on the part of French subjects, informs them that all
military co-operation of whatever nature it may be, the sale of
vessels of war and transports, the transport of soldiers,
dispatches, and articles contraband of war by French vessels for or
against one of the two belligerent parties, constitutes, according
to the rules of international law, an infraction of the laws of
neutrality, which would expose the delinquents to the penalties
provided by law, and merchant vessels to be seized and their cargoes
confiscated; and, moreover, any infraction of neutrality on the part
of subjects and of those protected by France would expose them to
lose the protection of the government of his imperial Majesty, and
deprive them of the rights and privileges which are accorded to them
by the Franco-Japanese treaty.
B’ON BRIN, The Chargé d’affaires ad
interim.
Hiogo,
(Kobé,)
February 18, 1868.
[Untitled]
Legation of the United States in
Japan, Hiogo,
February 19, 1868.
Sir: Having been officially informed of the
existence of war in Japan between the Mikado and Tycoon, after a
conference and agreement with all my colleagues, the representatives
of foreign powers now at this place, I have issued a notice
demanding that strict neutrality be observed by all citizens of the
United States. Copies of this notice I inclose herewith. You will
please cause it to be properly published to such citizens in your
jurisdiction, and, so far as is possible, see it carried into
effect. I have given similar notice to our consular agents at both
Hiogo and Osaka.
I have the honor to be, sir, yours, very respectfully,
R. B. VAN VALKENBURGH, Minister Resident
of the United States in Japan.
General J. Stahel, United States Consul, Kanagawa.
[Untitled]
Legation of the United States in
Japan, Hiogo,
February 19, 1868.
Sir: Having been officially informed by the
Mikado that war exists between him and the Tycoon, in consultation
and conjunction with my colleagues, the representatives of France,
Great Britain, Holland, Italy, and Prussia, and in consideration of
having been requested by both parties to request our countrymen to
observe a strict neutrality, I have issued a notice, copy of which I
inclose. I have sent to the consul at Yokohama copies of the same
notice, with a request to cause it to be published.
Strict neutrality must be observed; and in case the Stonewall should
arrive at Yokohama after the receipt by you of this communication,
you will not deliver her to the Tycoon’s
government until my return, but take such measures to retain her
under the American flag, either at Yokohama or Hong Kong, as you may
deem best.
I have the honor to be, sir, your very obedient servant,
R. B. VAN VALKENBURGH, Minister Resident
of the United States in Japan.
A. L. C. Portman, Esq., United States Secretary of Legation,
Yokohama.
