No. 419.
Mr. Bingham to Mr. Fish.

No. 43.]

Sir: Herewith I beg leave to call your attention to a letter of J. H. Hawes, United States consul at Hakodadi, No. 288, dated the 6th instant, inclosure No. 1; and to my reply thereto, inclosure No. 2.

You will observe that the case presented by Mr. Hawes is not within either of the exceptions mentioned in the act of June 22, 1800; nor is it a case arising under the twenty-fourth section of said act.

I am, &c.,

[Inclosure 1 in No. 43.]

Mr. Hawes to Mr. Bingham.

No. 288.]

Sir: I beg leave to report my action in fining an American citizen for willful violation of the treaty.

One Wood arrived at this port last fall, and made application to the authorities here for permission to go to the upper part of the island of Yesso. This request being refused by the governor, Wood started off in defiance of the authorities, and pushed on some two hundred and fifty miles or more before he was arrested and brought back by the Yakunins.

The authorities have presented a bill amounting to $93.62, for expenses in returning Wood to this consulate. After an examination of this case, I imposed a fine of $51.27, and as Wood had no means to pay said fine, I accepted two sureties, Americans, guaranteeing that the amount should be paid in five months, and discharged the accused, and he left the same day in a Danish vessel for a cruise in the North Pacific Ocean.

I have, &c.,

[Page 661]
[Inclosure 2 in No. 43.]

Mr. Bingham to Mr. Hawes.

No. 45.]

Sir: In reply to your No. 288, of date the 6th instant, I have to say that the general original jurisdiction in all civil and criminal cases against the citizens of the United States in Japan under the treaty of 1858, and the laws of the United States, is vested in the United States consuls; and that, by the twenty-seventh section of the act of June 22, 1860, I can have appellate jurisdiction only of cases like that presented in your letter. As no appeal has been taken from your judgment to me in the case of Mr. Wood, it does not seem proper that I should express any opinion on the subject.

I am, &c.,