No. 251.
Mr. Fish to Mr. De
Long.
Washington, December 30, 1872.
Sir: Your dispatch No. 309, under date of 22d November, referring to the relations between Japan and China, has been received.
While there is much to be commended in your conversations with the minister of Japan, as reported in this dispatch, there are some points in the course of proceedings which you have followed of which the expediency and propriety may be doubted. The advice which you have offered to the Japanese authorities, that peaceable means should be pursued, with an earnest effort for their success, to obtain what they desire from the Chinese before resort is had to warlike measures, or serious preparations are made therefor, cannot be too strongly approved. The part which you have taken in the negotiations for the employment of General Le Gendre by the Japanese, with a distinct reference to the use of his services as an adviser in military operations, should they become necessary, would appear to be inconsistent with the peaceful policy thus [Page 568] wisely recommended. Your dispatch bears witness that you are not unaware of the provision contained in the Statute of the United States, (act of 18th August, 1856, sec. 19; 11 Statutes at Large, 59,) which, in distinct terms, prohibits the diplomatic officers of the United States both from recommending any person at home or abroad for any employment of trust or profit under the government of the country in which they reside, and also from asking for any person any emolument, pecuniary favor, office, or title of any kind from any such government. The approval of the Department cannot be accorded to proceedings in evasion if not in direct contravention to these terms of the statute. With regard to your remark that you “had heard General Le Gendre say that, having once been appointed by the President of the United States as minister to Buenos Ayres,” he would not accept office with lower rank under another government, it is proper to call your attention to the fact that General Le Gendre was not appointed to the office mentioned. It is true that he was nominated by the President to the Senate, but that body declining to advise and consent thereto, the appointment was not made. The civil rank of General Le Gendre under the Government of the United States is that of consul. It is more than doubtful whether a diplomatic representative can, consistently with the terms of the statute, discuss such matters as these in his conversations with the minister of the government to which he is accredited; but it is clear that anything he might feel authorized to state on such subjects should be in precise accordance with the facts.
In any conversations you may have with a view to influencing the proceedings of the Japanese government in its intercourse with China, it is advisable to induce the Japanese to separate themselves as far as possible from the exclusive policy of the Chinese, and to adopt the progressive policy of free commercial and social intercourse with other powers.
With reference to the audience question, I inclose confidentially, for your information, a copy of the* instruction on that subject which I addressed to Mr. Low, the minister of the United States in China, under date of the 21st instant.
I am, &c.,