No. 401.
Mr. De
Long to Mr. Fish.
Legation of
the United States,
Yokohama, July 5, 1873.
(Received August 7.)
No. 439.]
Sir: I have the honor to inform you that this
morning I received a note from one William H. Doyle, an American citizen,
resident here,
[Page 644]
regarding the
rights and privileges of Americans resident in this empire. (Inclosure No.
1.)
I immediately replied, (inclosure No. 2,) informing him that before giving
him the desired information I should refer the matter to you.
Respectfully awaiting instructions, I have, &c.,
[Inclosure 1 in No. 439.]
Mr. Doyle to Mr.
De Long.
No. 224 Bluff, Yokohama, Japan,
July 5, 1873.
Sir: Permit me, most respectfully, in behalf of
myself and others interested therein, to beg the favor of an early
answer to the following questions:
- 1.
- Is a citizen of the United States of America residing in Japan
at liberty to surrender his extraterritoriality privileges as
such citizen, and become subject to
the municipal laws of Japan, in order to reside in the interior
of Japan and outside of the settlements appointed by foreign
residents and occupancy, and provided the government of Japan
will permit such citizen so to reside in and be subject to the
laws of Japan?
- 2.
- Is there any law or regulation of the United States government
making it compulsory for the United States citizens residing in
Japan to submit to the extraterritoriality jurisdiction of the
United States government in Japan?
- 3.
- Should the government of Japan permit such citizen to live on
the territory of Japan as an alien subject, subject to their
laws by his own choice and election, in the same sense that a
Japanese subject resides in America, is there any law of the
United States to permit it, or would he forfeit his rights of
citizenship in the United States?
I beg your excellency will make no objection to enlighten us on these
points, and trust that you will pardon us the liberty I take in
troubling you so much.
I have, &c.,
[Inclosure 2 in No. 439.]
Mr. De Long to Mr.
Doyle.
United
States Legation in Japan,
July 5, 1873.
No. 168.]
William H. Doyle, Esq.:
Your note of this date is at hand. The questions you propose to me are
rather beyond my province to advise you about, at least Until after I
shall have obtained the views of my Government. In the absence of any
instructions, if called upon to act officially, I should hold any
American citizen found upon Japanese soil as subject to the jurisdiction
of American laws and American officers, and entitled to American
protection, while the doctrine of extraterritoriality remains in force
in our treaties with Japan. The American citizen here carries with him
the protection of American law wherever he, goes; this privilege must be
conditioned upon his being subject to the duties our laws enjoin upon
him, at least until our Government has in some way been consulted and
expressed its consent to withdraw this protection and release the
individual from his obligations.
This view is concurred in by my colleagues, the representatives of the
other treaty powers, and is enforced by them on their people here. I
will, however, submit your inquiry and a copy of my reply to the
Secretary of State for instruction, and when his reply thereto is
received I will at once communicate with you.
I am, &c.,
