No. 391.
Mr. Bingham to Mr. Fish.
Legation of
the United States,
Tokei, August 23, 1875.
(Received September 18, 1875.)
No. 257.]
Sir: I have the honor to inform you that on the
14th instant, Hon. William A. Richardson and Commander R. F. R. Lewis, U. S.
N., in the absence of the admiral commanding the United States Asiatic
squadron, visited Hachoji, in the province of Musashi, about eighteen miles
distant from Yokohama, south of the river Logo, and within the limits
defined in the seventh article of the treaty of 1858 between the [Page 822] United States and Japan. You will
observe by the seventh article of the treaty that it is expressly provided
that “in the open harbors of Japan, Americans shall be free to go where they
please within the following limits: At Kanagawa, the river Logo (which
empties into the bay of Yedo between Kawasaki and Shinagawa) and ten ri in
any other direction.” The language of this provision leaves no room to doubt
that Americans are free to visit at pleasure any point between Kanagawa and
the Logo River, which lies north thereof and is made the northern boundary
of the treaty-limit. These gentlemen having visited the place named, in the
exercise of their privilege, were on the 14th instant arrested in Hachoji by
Japanese police and detained in custody during that night. On the next day
they were conducted to Yokohama under guard of the police and handed over to
the Japanese officers at the police-station, where they were held in custody
until late in the evening of the 15th, when they were finally released upon
assurances given by Mr. Elmer, the jailer of the United States
consulate-general, that they would appear if required to answer any
complaint that might be made against them. There is no pretense that there
was any ground of complaint against these gentlemen save that they visited
Hachoji, in the exercise of their treaty-privilege, without passes. It
cannot be that any pass is needed to enable Americans to go where they
please within the treaty-limits. Upon being officially informed on the
evening of the 15th by Consul-General Van Buren of the wrongful arrest and
detention of these gentlemen, on the 16th I addressed to his excellency the
minister for foreign affairs a note stating the facts, and requesting his
immediate consideration of the matter, to the end that the offender in the
premises might be punished, and that such further action might be taken by
his excellency’s government as would assure the United States and the
citizens thereof in future the full enjoyment of the privileges guaranteed
by treaty, a copy of which communication is herewith. (Inclosure 1.)
On the 22d instant the minister for foreign affairs replied to my note, a
copy of which reply is herewith. (Inclosure 2.)
You will observe that the minister clearly states that the two police
officials who participated in this transaction at Hachoji and Yokohama
ignorantly disobeyed orders, and did violence to the treaty-rights of the
two citizens of the United States so wrongfully arrested, and that they,
viz, Ito Shigehide and Yoshimura, have been dismissed because they acted
without authority and in an unbecoming manner in the premises. The minister
also states that he desires that the sincere regret of his government be
communicated to Mr. Richardson and Commander Lewis “for the injustice and
indignity put upon them,” and adds that, to guard against a recurrence of
such usage, the government has taken steps which it is hoped will prove
effectual. This morning I addressed a communication to the minister for
foreign affairs acknowledging the receipt of his dispatch of the 22d, a copy
of which I have the honor to inclose. (Inclosure 3.)
You will observe that I have ventured in this reply to express the hope that
the action taken by his excellency’s government, if given to the public by
due official notification, will be satisfactory to my Government. I make
this suggestion to the minister because all duties enjoined by this
government, so far as I am advised, are published in the official organ in
the form of a notification or imperial decree. As this was the course
pursued last year when the British minister complained of the wrongful
arrest of a member of his escort within the British legation, I deemed it
proper to call his excellency’s attention to the precedent in that case, and
to ask that it be followed in this instance, believing [Page 823] that it was due alike to both governments that
such public notification should be given, and that it would go far to
prevent like violations of the rights of American citizens in the
future.
Since writing the foregoing, I am in receipt of the reply of the minister for
foreign affairs to my note of this morning, a copy of which reply I have the
honor to inclose herewith. (Inclosure 4.) It seems to me that the action
taken, as hereinbefore stated, and the notification to be given, as stated
in inclosure 4, are all that could be asked of this government toward the
redress of a wrong committed by its inferior officials in violation of
instructions and in ignorance of their duties, and which wrong the
government condemns and visits upon the officials who committed the same the
punishment of dismissal from the public service.
Trusting that my action and the action of this government in relation to the
wrongful arrest and detention of Mr. Richardson and Commander Lewis may meet
your approval,
I am, &c.,
[Inclosure 1 in No. 257.]
Mr. Bingham to Mr.
Terashima.
United
States Legation,
Tokei, August 16,
1875.
No. 208.]
Sir: The consul-general of the United States at
Kanagawa reports to me officially that the Hon. William A. Richardson, a
citizen and judge of the United States, and Commander R. F. R. Lewis, of
the United States Navy, and a citizen of the United States, visited, on
Saturday last, the 14th instant, the town of Hachoji, in the province of
Musashi, within the treaty-limits of Kanagawa, and were there arrested
by two policemen and taken to the police-station, thence to a hotel, and
detained; that they were detained overnight at the hotel under
restraint, and ordered to proceed, on the 15th, to Yokohama in charge of
a policeman. This order was executed by delivering these gentlemen over
to the police at the police-station in Yokohama, where they were rudely
held in custody, and detained until their release was demanded by Mr.
Elmer, an American in the service of the United States
consulate-general; which demand was at first refused, but tin ally
graciously granted, upon condition Mr. Elmer would stand surety for the
appearance of these parties upon the requirement of the
police-officials. I am informed by the consul-general that no complaint
was made against these gentlemen, save that they were traveling within
treaty-limits without passes. I am also informed by the consul-general
that Hachoji is within the treaty-limits as prescribed by the seventh
article of the treaty made by Japan with the United States of America on
the 29th of July, 1856, and ratified in 1860. If this be so, the
proceeding is a flagrant breach of treaty, a wrong not only to two
eminent and honorable citizens of my country, who bear high commissions
in the public service, but also a wrong done to the United States.
I have the honor to request the immediate consideration of this grave
matter of complaint, to the end that the offenders, if guilty, may be
punished, and such further action may be had as will satisfy justice and
assure to the United States and the citizens thereof all rights
guaranteed by the subsisting treaty between the two countries.
I have the honor to be, sir, your obedient servant,
His Excellency Terashima Munenari,
His Imperial Japanese Majesty’s Minister for
Foreign Affairs.
[Inclosure 2 in No.
257.—Translation.]
Mr. Terashima to
Mr. Bingham.
Department for Foreign Affairs,
Tokei, August 22,
1875.
Sir: I had the honor of receiving, on the 18th
instant, your excellency’s note of the 16th ditto, wherein you detail to
me the facts in the matter of the stoppage, at the [Page 824] village of Hachoji, in the province of
Musashi, of two eminent American citizens, and of the further improper
treatment to which they have been subjected.
Previous to the receipt of your note, I had heard of the occurrences
through another source, and was very greatly surprised and annoyed at
them, and directed Mr. Mori to call upon your excellency and ascertain
the facts, at the same time that I issued instructions that strict
inquiry into the matter should be made by the governor of Kanagawa,
under whose jurisdiction the village of Hachoji is situated.
I have now the honor of making known to you the results of the inquiries
that have been made.
It seems that the chief of police at the village of Hachoji, Ito
Shigehide, who ordered the arrest of Captain Lewis and Mr. Richardson,
was sadly mistaken in supposing Hachoji to be without the treaty-limits,
his error being based on the fact that, as indicated by the posts along
the road, Hachoji is eleven and one-half ri (28¾ miles) from the
Kanagawa Keucho, whereas the distance should have been calculated in a
straight line.
Ito Shigehide had been recently appointed to the position he occupied at
Hachoji, and pleads that he was unaware that foreigners were within
their treaty-rights when sojourning in the village, and consequently
deemed it his duty to ask the two gentlemen to produce their passes, and
when they failed to do this, he summoned them to the police-court, and
sent them the following day to Yokohama under escort of a policeman,
still thinking he was merely performing his duty. And here, allow me to
remark to your excellency, these two gentlemen were not detained at
Hachoji; they requested to remain the night in the village and to
proceed to Yokohama the next day. But this is only a trifling
circumstance of the case.
Ito Shigehide has been found guilty in that he had failed to inform
himself accurately of the treaty-limits, and that he had failed to show
proper respect and consideration to Captain Lewis and to Mr. Richardson
when these gentlemen had informed him of their names and positions, and
in that he had ordered them to be conducted back to Yokohama by a petty
police-officer, when they had expressed their readiness and willingness
to quietly return at once. Ito Shigehide’s conduct has been
unwarrantable and rude. The policeman in Yokohama, Yoshimura, on the
arrival at the police-station of these two gentlemen and of the letter
from the chief of police at Hachoji, detained them unnecessarily long at
the station-house, interrogated them as to their names and positions in
a disrespectful and unbecoming manner, and appealed to the constable of
the United States consulate for confirmation of their assertions,
thereby subjecting them to fresh humiliation.
Your excellency will please observe that Mr. Elmer, the official in the
United States consulate, was not called upon to stand surety for the
appearance of these two gentlemen; he was merely called upon to
corroborate their statements of themselves.
These two Japanese officials, Ito Shigehide and Yoshimura, have been
dismissed from the service of the Japanese government; for, though they
maintain they thought they were merely doing their duty, they have
exceeded the power conferred upon them, and have acted unbecomingly
toward two American gentlemen, even after they were made aware of their
names and positions.
I hope your excellency will favor me by communicating to Captain Lewis
and to Mr Richardson the very sincere regret which is felt by our
government for the injustice and indignity put upon them, and to beg
them to believe that their treatment arose out of no desire to offend or
embarrass, but out of ignorance, however unfortunate have been the
consequences.
To guard against a recurrence of such usage as befell your two
distinguished countrymen, the government has taken steps which it is
hoped and deemed will prove effectual.
I hope the explanation I have here given you of the misconduct of the
police officials will prove satisfactory and sufficient to both your
excellency and the two gentlemen interested, to whom I request you to
communicate the above.
With respect and consideration,
TEEASHIMA MUNENORI,
His Imperial
Japanese Majesty’s Minister for Foreign
Affairs.
His Excellency Honorable John A.
Bingham,
Envoy Extraordinary and
Minister Plenipotentiary of the United States.
[Inclosure 3 in No. 257.]
Mr. Bingham to Mr.
Terashima.
United
States Legation,
Tokei, August 23,
1875.
No. 213.]
Sir: It gives me pleasure to acknowledge the
receipt of your excellency’s communication of date 22d instant, in
relation to the wrongful arrest and detention by [Page 825] Japanese officials of Hon. William A. Richardson
and Commander R. F. R. Lewis, when in the exercise of their guaranteed
rights of travel and sojourn within the treaty-limits of Kanagawa. The
action taken by your excellency’s government in the premises, if given
to the public by due official notification, will, I presume, satisfy my
Government and the citizens of the United States that the rights
guaranteed to them by treaty will hereafter be respected by all
officials in His Imperial Japanese Majesty’s service.
Although no mention is made in your excellency’s note of the purpose of a
public notification, I cannot doubt that your excellency will see in
this instance quite as much occasion for such notification as was
present for the public official notification which was given by your
excellency’s government on the 25th July, 1874, in the matter of the
unlawful arrest within the British legation of a member of the
legation-escort.
In that case it was deemed that the dignity and good faith of the empire
required the notification, to the end that a like violation of public
law might not be committed by officials of your excellency’s government.
In this case the notification seems to be required, to the end that the
treaty-obligations to which the good faith of the empire is pledged to
the United States and the citizens thereof may be respected hereafter by
His Imperial Japanese Majesty’s officials.
As I desire to communicate to my Government by the outgoing mail the
action taken, by your excellency’s government in this matter, I will
esteem it a favor if your excellency will inform me if the public
notification will be given.
While it is apparent that such public official notification will be
productive of much good, and will be a new assurance of the care your
excellency’s government takes to fulfill its treaty-obligations, it can
give no offense and work no hurt to any one.
I have the honor to be, sir, your obedient servant,
His Excellency Terashima Munenori,
His Imperial Japanese Majesty’s Ministsr for
Foreign Affairs.
[Inclosure 4 in No.
257.—Translation.]
Mr. Terashima to
Mr. Bingham.
Foreign
Office,
Tokei,
the 23d of the 8th month of the 8th year
Meiji.
Sir: I have the honor to acknowledge the
receipt of your excellency’s letter under this date in reference to the
stoppage, in the village of Hachoji, of Hon. William A. Richardson and
Commander Lewis, United States Navy.
In reply, I have to state that the due official notification to the
officials of all the provinces is soon to be issued by the government,
to prevent a recurrence of such an unfortunate affair as befell your two
distinguished countrymen; which steps, it is hoped and deemed, as
mentioned in my letter of yesterday, will prove effectual, and satisfy
your excellency’s Government in the premises.
With respect and consideration,
TERASHIMA MUNENORI,
His Imperial
Japanese Majesty’s Minister for Foreign
Affairs.
To His Excellency John A. Bingham,
Envoy Extraordinary and Minister Plenipotentiary
of the United States.
