Mr. Fish to Mr. DeLong
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It is to me inconceivable that there are no courts in Japan. There must be tribunals, or officers of some kind, for settling civil controversies. The sixth article of the treaty of 1858 (Consular Regulations, page 157) refers to such courts. The treaty in effect, remits American creditors of Japanese subjects to such courts, and on general principles they must accept such remedies as the government of Japan provides for its own subjects, waiting for diplomatic intervention, till the case of a denial [Page 585] of justice is established. If the minister will instruct his countrymen on this subject he will be relieved of the duties of an attorney in private controversies. * * * * *
It is not deemed advisable to propose or ask of Congress, a measure providing for an examiner of claims in Japan. The minister should not be deprived of his full responsibility about urging claims, but it would be well for our ministers everywhere to refrain from anything like a peremptory presentation of a claim until after it has been examined in this Department, except in eases of urgent emergency. The Government has frequently found itself at quite an advanced stage of the discussion of a doubtful claim before this Department had any information, or, if any, inadequate information for a judgment upon the case.
I am, &c.,