Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 7, 1874

No. 400.
Mr. De Long to Mr. Fish.

[Extract.]

United States Legation,
Yokohama, June 2, 1873. (Received July 5.)

No. 415.]

Sir: I have the honor to advise you of the receipt by me this morning of a circular-note from the British minister to his colleagues, (inclosure No. 1,) forwarding copy of a dispatch sent by him to the minister for foreign affairs upon the subject of the recently-proclaimed shooting regulations, (inclosure No. 2,) with a draft of a code in lieu thereof, which he proposes, if agreeable to the Japanese authorities, to notify for the government of British subjects, (inclosure No. 3;) also, copy of Japanese regulations, with notes and comments of the British minister thereon, (inclosure No. 4;) and also copy of certain regulations promulgated by the British chargé d’affaires in 1871 against the unlawful use of fire-arms, (inclosure No. 5.)

* * * * * * *

By referring to my No. 411, with its inclosures, by this mail, in connection with this dispatch and its inclosures, you will be thoroughly advised as to the respective views entertained by the different foreign representatives.

I am, &c.,

C. E. DE LONG.

[Inclosure 1 in No. 415.]

Sir Harry Parkes to Mr. De Long.

Her British Majesty’s Legation,
May 31, 1873.

Sir Harry Parkes begs to circulate for the information of his colleagues the inclosed dispatch, which he addressed to the acting minister for foreign affairs on the 14th instant, on the subject of the shooting regulations. He also adds copies of three documents referred to in that dispatch.

Sir Harry Parkes has not yet received any acknowledgment of this dispatch from the acting minister for foreign affairs.

1. Draft of shooting regulations as at present proposed.

2. Notes on Japanese (shooting regulations.

3. Shooting regulations notified by H. M. chargé d’affaires, August 11, 1871.

[Inclosure 2 in No. 415.]

Sir Harry Parkes to Japanese minister for foreign affairs.

British Legation, Yedo, May 14, 1873.

Sir: I have received your excellency’s dispatch of the 25th of March, communicating copies of the revised “Regulations for shooting birds and beasts,” which have recently been enacted by the Japanese government for their own subjects, and I understand it to be the wish of your excellency’s government that similar regulations should be enforced in the case of foreigners. It appears that in notifying these negotiations to the Japanese people, the local Japanese authorities at the open ports received instructions to communicate them to the foreign consuls as regulations which were already applicable to foreigners as well as Japanese; consequently, in a note of the 18th March, Her Majesty’s chargé d’affaires pointed out to your excellency that this course was altogether invalid and that these regulations as they stood could not be made applicable to Her Majesty’s subjects.

In your reply to this note, dated the 18th of March, your excellency observed that these regulations were intended to “secure the more thorough execution of an ancient law of this country, and after revision and correction, they were publicly notified on the 20th day of January last. As an additional means of drawing the attention of your countrymen to them they were inclosed in a letter from this department dated the 2d February, and a similar communication having been sent to the open ports, our local authorities requested the consuls to notify them to British subjects.”

In view of these observations it appears to me necessary to point out to your excellency that Her Majesty’s consuls can take no steps of this kind. The power to enact and notify regulations for the governance of Her Britannic Majesty’s subjects in Japan is vested solely in Her Majesty’s minister.

I found that although the modification in the Japanese regulations, suggested to your excellency, on the part of the diplomatic corps, by the United States minister, have not been entirely adopted by your excellency, my colleagues, the representatives of the treaty powers, nevertheless concur in considering that the revised Japanese shooting regulations are, on the whole, reasonable, and as I share that opinion lam quite willing to issue regulations to British subjects which shall embody the substance of the Japanese regulations and secure the enforcement of the penalties therein named. In order, however, to do this in a form suited to English legal requirements, it is necessary that I should change the arrangements and the wording of the Japanese regulations, and in the interview that I had with your excellency on the 3d instant I handed you a draft showing how this may be done.

I then pointed out that this draught should read in connection with the notes which I had attached to a copy of the Japanese revised regulations, and also in connection with the shooting regulations, which, after being approved by the Queen, were published by Her Majesty’s chargé d’affaires in August, 1871.

It will thus be seen that Her Majesty’s government have given the government of Japan an early proof of their desire to meet the views of the latter in this respect.

Before proceeding to issue a second set of shooting regulations to British subjects, I should like to learn from your excellency whether the draught above referred to affords you satisfaction.

I have only to add that I regret that the Japanese regulations do not forbid the snaring of game or the selling it in the close season. With such omissions these regulations will fail to promote the preservation of game, and they bear the appearance of having been framed for the minor object of collecting license fees.

I avail, &c.,

HARRY S. PARKES.

[Inclosure 3 in No. 415.]

Draft of regulations as at present proposed by Her Britannic Majesty’s minister.

1. The word “game” shall, for the purpose of these regulations, mean any bird or beast not being a domestic animal.

2. Any British subject who shall kill or take any game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game between the 31st of March and the 1st day of November in any year, 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 time not exceeding twelve days, with or without a fine not exceeding $12, without imprisonment.

3. Any British subject who shall kill or take any game without having obtained a license so to do for the current, year, 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 twenty days, with or without hard labor, and with or without a fine not exceeding $20 without imprisonment.

4. If any British subject shall be discovered killing or taking any game, or using any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game, it shall be lawful for any person to demand or require from such British subject the production of a license to kill game, issued to him, and such British subject is hereby required to produce such license to the person so demanding the production thereof, and to permit him to inspect the same; and if such British subject shall, after such demand made, willfully refuse to produce and show a license to kill game, issued to him, or if he shall produce any false or fictitious license not issued to him for the current year, or if he shall refuse to permit any license which he may produce to be inspected, he 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 twelve days, with or without hard labor, and with or without fine not exceeding $12 without imprisonment.

5. Any British subject convicted under these regulations, or under the shooting regulations of the 17th day of August, 1871, shall, in addition to any other punishment inflicted on him, forfeit his license for the then current year.

6. Any British subject who shall, with intent to destroy any game at any time, put, or cause to be put, any poison on any ground where game usually resort, or in any highway, 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 time not exceeding twelve days, with or without hard labor, and with or without a fine not exceeding $12, or to a fine not exceeding $12 without imprisonment.

[Inclosure 4 in No. 415.—Government Gazette No. 10, January 20, 1873.]

Japanese regulations for hunting birds and beasts, with critical notations of British minister.

Regulations for controlling the issue of licenses to hunt birds and beasts having been enacted, as shown in the accompanying document, you will publish them everywhere throughout the limits of your jurisdiction.

If any persons apply for licenses you will ascertain what standing they possess, and also whether there is any obstacle in the vicinity. Should there be no objection you will issue a license to hunt birds and beasts, and be careful to exercise proper control.

The tax upon hunting which has hitherto been levied is now abolished, and these regulations are substituted for rule 6 of the rules promulgated in No. 28, with reference to the possession, of fire-arms.

Item. You will ascertain the names of places wherein hunting birds and beasts has hitherto been permitted, and report to the treasury by the month of July, reporting also to the war office upon those wherein hunting with fire-arms is permitted.

Note.—You will also draw up a report with the object of prohibiting hunting in places where, though permission has been granted, there may be objections on the part of the inhabitants, and send it in the same way as directed in the text.

Item. You will draw up an annual report of the names of persons who have been licensed to hunt birds and beasts, whether under the former regulations or the new, and report to the treasury by the month of December, reporting the names of those who hunt with fire-arms to the war office also.

Item. The license tax will be paid into the treasury on each occasion of its collection, and you will send in also to that department, in December of each year, a register showing the persons licensed for the year. The total is to be inserted in the miscellaneous-taxes statement, and added on to the account of annual taxes paid.

Item. Each person who applies for a new license shall pay the whole amount of the tax for one year, whether he apply early or late.

Item. A report showing the fines levied during the whole year, and the particulars of each case, shall also be sent into the judicial board.

Item. The form of licenses must be complied with, and specimens of the brand and half stamps henceforth in use, sent in to the treasury.

Item. When persons to whom licenses have been granted under the old system obtain, new licenses under these regulations, having paid the old tax, the same shall be returned to them, and they shall pay the tax according to the new scale.

Regulations for hunting birds and beasts.

Article I.

Unnecessary as far as British subjects are concerned.

Persons who make their livelihood by hunting birds and beasts with tire-arms are considered professional hunters; those who do it for pleasure being sportsmen.

Article II.

This is provided for by regulation III.

It is henceforth forbidden for any unlicensed person to hunt with fire-arms, but the local authorities may grant special license for the purpose of frightening or killing noxious birds and beasts, as circumstances may require.

Article III.

This is provided for by regulation IV.

Both professional hunters and sportsmen shall send in applications to the local authorities, stating their name, residence, standing, and age, and having obtained a license, shall invariably carry it with them when they go hunting.

Article IV.

This is provided for by regulations III and IV.

The hunting license shall be for the use of the individual alone, and shall only have effect during one year; the license shall be renewed in the eleventh month of each year.

Article V.

(5 and 6.) These are conditions of obtaining the licenses, and need not come into the regulations.

When a license is issued a professional hunter shall pay a tax of one yen; a sportsman a tax of ten yen.

Article VI.

See Article V.

Licenses shall be prepared and granted by the authorities of each locality in one of the accompanying forms, and the same procedure shall be observed when a fresh application is made in the following year.

Article VII.

This is met by Regulations III and IV of draught.

It is forbidden either to borrow, lend, or sell a license.

Article VIII.

Unnecessary.

Persons who lose a license or find one shall immediately report the fact to the local authorities. Note.—The loser shall be dealt with according to the law concerning the loss of passports.

Article IX.

These form part of the conditions of obtaining the license, and need not come into the regulations.

Licenses shall not be issued to the following classes of persons: Young persons under fifteen years of age. Persons unacquainted with the use of sporting-guns. Persons who are idiotic, mad, or otherwise incapable. Persons who have been punished for discharging bows or fire-arms without cause. Persons who act as guardians of woods, fields, rivers, &c. Persons who, having been punished for the infraction of any of the rules relating to hunting, shall not have obeyed the sentence imposed for the previous infraction.

Article X.

Provided for, so far as is reasonable, by the shooting regulations of August 17, 1871.

Hunting with fire-arms shall not be carried on in any of the places specified below: Within a distance of 600 yards of places crowded with houses, and in places where, although rural districts, there is danger of the shot flying wild and injuring human beings. Places where a notice prohibiting hunting is posted up. Inside other persons’ dwellings or inclosures.

Article XI.

Unnecessary.

The fire-arms to be used in hunting are Japanese firelocks, carrying a ball of 4.8 momme, (about ½ ounce avoirdupois,) and European sporting-guns. It is forbidden to hunt with small-arms used in war. Persons who possess sporting-guns must observe the regulations enacted for the control of fire-arms.

Article XII.

Obvious, without a distinct regulation.

It is strictly forbidden to trample down the crops in the fields, or to injure the trees, even in places where hunting is not forbidden.

Article XIII.

Provided for by regulation II.

The period for hunting with fire-arms shall be from the 1st of November to the 31st of March, and going out hunting except within those limits is prohibited. Note.—According to the lay of the land, these limits may be extended, or in places far removed from human dwellings they may be entirely dispensed with.

Article XIV.

Covered so far as is reasonable by regulation IV.

Municipal officers, policemen, landlords, and guardians of woods, fields, rivers, &c., shall have the right of inspecting the license carried by a person hunting with fire-arms. Any person refusing to allow his license to be inspected shall be considered as not possessing a license. In case of infraction of any of these regulations the guilt of the offender shall be determined according to the statements of the above-mentioned classes of persons, but other evidence will be admissible in cases difficult of decision.

Article XV.

Unnecessary as a regulation.

It is not necessary to arrest an offender on the spot, or to take away his hunting-gear at once. If he be in possession of a license, the number thereof and his name should be ascertained and reported. If he be without a license, he should be requested to give his name and residence, and he should be accompanied home, in order that his home may be identified. Should he conceal his features or refuse to give his name, or when his residence and home cannot be ascertained, he should be accompanied to the nearest police-office, in order that his standing may be inquired into.

Article XVI.

Doubtful whether this can be admitted while the Japanese refuse to pay fees in a British court.

When an information is laid at the office of the authorities concerning a person who has hunted with fire-arms, the expenses connected with the case shall be paid by the person who is adjudged to be in the wrong, in accordance with the general sense of public proclamation.

Article XVII.

This is a direction to the fining magistrate, and need not be made imperative.

Fines for second offenses should be double those inflicted for first offenses. A second offense committed against any regulation, within twelve months from the date of a first offense.

Article XVIII.

Provided for, as to deception, by the regulations, and as to violence, by the common law.

Any person guilty of deception or violence in connection with an infraction of these regulations, shall be punished, in accordance with the code, in proportion to the gravity of the offense.

Article XIX.

Provided for by the common law.

Any person causing loss or injury to another through infraction of any of these regulations, shall be compelled to indemnify him.

Article XX.

Provided for by regulation V.

Any person committing an infraction of these regulations, no matter what the nature of the offense, shall forfeit his license and be punished in addition.

Article XXI.

Provided for by regulation III.

Any person who hunts without a license shall be condemned to a fine of not less than 5 yen, and not more than 20 yen.

Article XXII.

Unnecessary; the game would be valueless before the court could decide as to violation.

The birds or beasts obtained in violation of these regulations shall be confiscated.

Article XXIII.

Provided for by regulation VI.

It is forbidden to hunt by using bait or drugs intended to kill or stupefy birds or beasts.

Penalties provided for by each regulation separately.

Nature of offense.	Fine on a professional hunter.		Fine on a sportsman.
A person who has a license but does not carry it	20	yen.	1 yen.
A person who hunts with a license lost by another.	2	yen.	12 yen.
A person who hunts in a place where hunting is forbidden	1.40	yen.	6 yen.
A person who hunts during the close season.	2	yen.	12 yen.
A person who lends or sells his license	2	yen.	12 yen.
A person who borrows or buys a license	1.40	yen.	6 yen.
A person who hunts with baits, &c., intended to kill or stupefy birds or beasts	2	yen.	12 yen.

[Inclosure 5 in No. 415.]

british minister’s notification to his countrymen.

The Japanese government having applied to Her Britannic Majesty’s minister and to 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:

Her Majesty’s minister, in pursuance of sections 85, 86, and 90 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 that behalf, made and established the following two regulations, which having been approved by Her Majesty, and such approval having been signified to the undersigned through the right honorable the Earl Granville, K. G., Her Majesty’s principal secretary of state for foreign affairs, are hereby published for the information of Her Majesty’s subjects, and will take effect in each consular district in Japan one month from the date of publication and exhibition therein in the manner provided by the order in council aforesaid:

I. Whoever shall willfully and without reasonable cause discharge any gun, rifle, pistol, or other fire-arm 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 $100, or a fine not exceeding $100 without imprisonment.

II. If any person shall enter or be upon any inclosed lands 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 or pursuit of any game, whether beast or bird, such person shall be deemed guilty of an offense, and on the 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 $100, or a fine not exceeding $100 without imprisonment.

F. O. ADAMS,
Her Britannic Majesty’s Chargé d’Affaires in Japan.

Her Britannic Majesty’s Legation,
Yedo, August 17, 1871.