No. 262.
Mr. De Long to Mr.
Fish
No. 162.]
United States Legation, Yokohama, Japan, March
8, 1871. (Received April 24.)
Sir: For sometime past the Japanese authorities
have been making frequent application to the foreign representatives to have
a game law put in force at the different treaty ports. Finally, at the
request of my colleagues, I drew up a draught of such a law, which we
submitted to the Japanese ministers, who, after having it under their
consideration for some time, finally advised us that what they really wanted
was not a game law, as we understood it, but a law to prohibit hunting by
foreigners in temple-groves, castle-moats, and on game-preserves, and also a
law to prohibit the use of fire-arms in cities, and near inhabited
dwellings, &c. We then told them to write to us, letting us know exactly
what they did want, and on the 15th day of February, 1871, I received a
letter from them on this subject, (inclosure No. 1.) My colleagues also
received identical letters, and we discussed with each other what action we
could take to carry out the ideas and wishes of the Japanese. My suggestion
at first was that the Japanese should promulgate a law of this nature, with
a penal clause in it, and that then the foreign representatives should
notify it to their people, and instruct their consular officers to enforce
it. In reply to this suggestion, my British colleague
[Page 587]
said that British subjects could only be tried
and punished in Japan for violation of British law, and called my attention
to the fact that such was the rule with all other foreigners.
Referring to the first subdivision of Article 4 of the treaty of 1857, (see
consular regulations No. 155,) you will find that such is indeed the
rule.
This left me at a loss to know just what to do. Subsequently I received the
inclosed letter (inclosure No. 2) from my colleague, Sir Harry S. Parkes,
accompanied with a draught of regulations on the subject, that he proposed
to issue, (inclosure No. 3) I at once replied to him (inclosure No. 4)
submitting in return a draught of certain regulations, which I proposed,
with your consent, to issue, (inclosure No. 5.)
This matter again brings squarely before us the necessity for Congress to
legislate generally for our people here, or vest the power with the
representatives to make regulations, and give them the force of law until
passed upon by Congress.
You are aware that we have but little Federal legislation regulating mere
municipal matters, defining crimes, or providing punishments for many
offenses. We have no common law on the subject; but have left each State to
regulate these matters for itself. I therefore find myself unable to help
these authorities, to prevent these mean wrongs, that foreigners here
occasionally engage in; such as shooting birds and hares in temple-groves,
burial-grounds, &c., and shooting ducks and geese in castle-moats, and
in a hundred other ways outraging Japanese ideas of civility and decency,
besides imperilling themselves and the peace of each community. This is but
a fair illustration of the necessities that almost daily arise for some
legislation for the government of our people in Japan.
With due respect, I submit this matter to you for advice and instruction.
I have the honor, &c.,
Inclosures.
No. 1—Regulation proposed by Japanese.
No. 2—Letter from Sir Harry S. Parkes.
No. 3—Regulation proposed by him.
No. 4—My letter in reply to Sir Harry.
No. 5—Regulation proposed by me.
[Translation.]
Ministers of Foreign Affairs to
Mr. De Long
Tokei,the 20th of the 12th
month of the 3d year of Meidi.
Your Excellency: At the last general conference
held between us and foreign representatives, the matter respecting the
shooting regulations was not concluded, because some articles of the
said regulations cannot be applied both to the foreigners and Japanese;
consequently we are desirous to adopt the following rules for the time
being:
That the chasing of all kinds of beasts and birds is forbidden within the
in closures as well as the different places granted to the Japanese by
the government for chasing at their occupations, and also in the
compounds of churches and temples where the chasing is generally
forbidden, although they are in the treaty limits; on such places the
law of prohibition of chasing is posted on board in the Japanese, with
foreign translation, for the guidance both of foreigners and
Japanese.
[Page 588]
That any person who shall have brought any damage on crops by chasing,
shall pay a proper compensation to the proprietor.
That any person who violates the foregoing rules shall be arrested by the
Japanese policemen, and conducted to the consul of his nationality, who
will duly punish such offender according to his own law.
We request you to notify the foregoing to your countrymen without delay,
and as soon as we hear from you on this subject, a notification will be
issued among the Japanese.
With respect and consideration,
Harry S. Parkes to C. E. De Long
Her Britannic Majesty’s
Legation, Yokohama,
March 6, 1871.
Sir and Dear Colleague: With reference to the
consultations of the foreign representatives, held among themselves and
with the Japanese ministers, relative to the regulations claimed by the
latter for the prevention of the improper use of fire-arms by foreigners
when in pursuit of game, I have the honor to forward a copy of a draught
of two regulations which I have prepared for the above purpose, and
which I am empowered to establish in the case of British subjects, and
beg you will be so good as to inform me whether you concur in the
adoption of regulations of this nature, and also as to the course which
you propose to take in order to meet this demand of the Japanese
government in the case of the United States.
I have the honor, &c.,
Draught-Notification.
The Japanese government, having applied to the undersigned and the
representatives of the other treaty powers to establish regulations
which shall prevent the improper use of fire-arms, or the pursuit of
game by foreigners near to temples or to the dwellings of the people, or
in inclosed preserves, the undersigned, in pursuance of sections 85 and
86 of the order of her Majesty in council of the 9th day of March, 1865,
and by virtue of any other power enabling him in behalf, have made and
established the following two regulations, which, having been approved
by her Majesty, and such approval having been signified to the
undersigned through, her Majesty’s principal secretary of state for, are
hereby published for the information of her Majesty’s subjects, and will
take effect in each consular district in Japan one month after the date
of publication and exhibition therein, in the manner provided by the
order in council aforesaid.
Regulations as to the use of fire-arms and the
pursuit of game.
I. Whosoever shall willfully and without reasonable cause discharge any
gun, rifle, pistol, or other fire-arms within the limits of any city,
town, village, or hamlet, shall be deemed guilty of an offense, and,
upon conviction thereof before any British consular or other court,
shall be liable to imprisonment for any term not exceeding one month,
with or without hard labor, and with or without a fine not exceeding one
hundred dollars, or a fine not exceeding one hundred dollars without
imprisonment.
II. If any person shall enter or be upon any inclosed land kept by the
Japanese government, or their agents or lessees, or any other person
duly authorized thereto, as a game-preserve, or shall enter or be within
the boundaries of any temple, sanctuary, place of worship or burial, in
search of or pursuit of any game, bird, or covey, such person shall be
deemed guilty of an offense, and, on conviction thereof before any
British consular or other court, shall be liable to imprisonment for any
term not exceeding one month, with or without hard labor, and with or
without a fine not exceeding one hundred dollars, or a fine not
exceeding one hundred dollars without imprisonment.
