No. 392.
Mr. Bingham to Mr. Fish.
United
States Legation,
Tokei, September 7, 1875.
(Received October 7.)
No. 261.]Sir: Referring to my No. 257, of date August 23,
1875, in relation to the wrongful arrest and detention of the honorable
William A. Richardson and Commander R. F. R. Lewis, United State Navy, by
the police at Hachoji and Yokohama, I have the honor to inform you that on
the 30th ultimo I received from the minister for foreign affairs the
imperial
[Page 826]
notification in relation
thereto, and on the 31st the official translation thereof, a copy of which
translation is herewith inclosed. (Inclosure 1.) This translation was
promptly published by Sanjo Saneyoshi, the prime minister of His Majesty the
Emperor, and has also appeared in the English journals of Yokohama. You will
observe that the notification declares the right of foreigners to travel
freely within treaty-limits; that the arrest of Commander Lewis and Mr.
Richardson by the police at Hachoji was wrongfully made, inasmuch as that
village is within the treaty-limits and the jurisdiction of Kanagawa ken;
that the police officials acted in the premises in disregard of instructions
given them by the government, and have therefore been dismissed from the
service; and that instructions are directed to be given to the police to
prevent the recurrence in future of like interference with the treaty-rights
of foreigners.
On the 6th instant I addressed to his excellency the minister for foreign
affairs a dispatch acknowledging the receipt of the notification and the
official translation thereof, and expressing the hope that the same,
together with his excellency’s letter of the 22d ultimo, addressed to me on
the same subject, would be satisfactory to my Government. A copy of my
dispatch of the 6th instant is herewith, (inclosure 2,) and a copy of the
letter of his excellency of the 22d ultimo was transmitted in my No. 257, as
inclosure 2, to which I beg leave to refer.
Inasmuch as the minister for foreign affairs, in his letter of the 22d
ultimo, requested that I should communicate the same to Commander Lewis and
Mr. Richardson, on the 25th instant I forwarded a copy thereof to each of
those gentlemen, and on the 30th ultimo I received from them a
communication, under date August 28th, thanking me for the action taken by
me, and expressing their entire satisfaction with the course pursued by the
Japanese government in declaring the conduct of the police a violation of
treaty guarantees, and making known the sincere regret of the government
that such injustice had been done, and that such indignity had been put upon
them. I have the honor to inclose a copy of the letter of these
gentlemen.
It seems to me, in view of the fact that no special damage was done to the
persons of the gentlemen arrested, that the prompt disavowal of the lawless
acts of the police, their immediate dismissal from service, and the
efficient action taken by the government to prevent such wrongful arrests in
the future, are gratifying evidences of the purpose of this government to
assure to all citizens of the United States, and to the citizens and
subjects of other treaty-powers as well, the full enjoyment of their
treaty-rights and privileges, and deserve the express recognition and
approval of our Government.
Notwithstanding the clamor for satisfaction by persons not immediately
concerned nor authorized to speak for Japan or for either of the
treaty-powers, I am of opinion that no further satisfaction than has been so
promptly given in this case could be demanded, save upon the hypothesis that
a government is to be punished for every lawless act of its petty officials,
committed in ignorance of duty and in violation of express instructions. The
adoption of any such rule would surely imperil the peace of nations and
insult the enlightened judgment of mankind.
I respectfully submit the action taken in the premises by me and by this
government to your consideration, and beg leave to express the hope that
both may meet your approval.
I am, &c.,
[Page 827]
[Inclosure 1 in No.
261.—Translation.]
Notification, No. 155.
To Shi, Fu, and Ken:
While foreigners are guaranteed the right by the treaty to travel freely
within the treaty-limits, on the 15th instant Commander Lewis, United
States Navy, and Hon, Mr. Richardson, a judicial officer of the United
States, were stopped and treated improperly by the police-officers at
the village of Hachoji, under the jurisdiction of the Kanagawa ken,
where the same unfortunate occurrence took place upon an Englishman on
the same day. These acts of misconduct arose out of ignorance on the
part of the police officials of the instructions given by the
government. They have been dismissed, therefore, from the government
services.
It is hereby directed that instructions be given to those in the duty of
police, so that the recurrence of such unbecoming conduct shall not take
place.
SANJO SANEYOSHI,
Daijo
Daijin.
The 30th day of the 8th
Month, 8th Year of Meiji,
(August 30, 1875.)
[Inclosure 2 in No. 261.]
Mr. Bingham to Mr.
Terashima.
United
States Legation,
Tokei, September 6,
1875.
Sir: I have the honor to acknowledge the
notification, and the official translation thereof, issued by your
excellency’s government, under date of the 30th ultimo, in the matter of
the wrongful arrest and detention of the Hon. William A. Richardson and
Commander R. F. R. Lewis, United States Navy, and trust that the same,
together with your excellency’s letter of the 22d ultimo on the same
subject, will be acceptable and satisfactory to my Government.
It gives me pleasure to inclose herewith a copy of the letter of the Hon.
Mr. Richardson and Commander Lewis, acknowledging the receipt of the
letter addressed to me by your excellency, of date 22d August last, to
whom the same was communicated by me in compliance with your
excellency’s request. Your excellency will observe that these gentlemen
express their entire satisfaction with the action taken by your
excellency’s government in the premises.
I deeply regret the appearance of your dispatch of the 22d ultimo in the
Japan Herald of Saturday, the 28th ultimo, was made the occasion of the
strictures of the editor thereon, which seem to me alike unjust to your
excellency’s government and to myself; and allow me to add that I am
informed that these strictures are deemed offensive and unjust by Mr.
Richardson and Commander Lewis.
Referring to the notification of the 30th ultimo, it is therein declared
that “it is hereby directed that instructions be given to those in the
duty of the police” to prevent the recurrence of such offensive conduct.
May I ask to be specifically informed by a copy thereof what the
instructions so ordered to be given are? I doubt not that the
instructions so directed to be given are to the effect that the
treaty-rights of all foreigners to freely travel within treaty-limits
shall be respected hereafter by all Japanese officials and others.
I have the honor to be, sir, your obedient servant,
His Excellency Terashima Munenori,
Minister for Foreign Affairs.
[Inclosure to inclosure 3 in No.
261.]
Messrs. Lewis and
Richardson to Mr. Bingham.
Yokohama, Japan, August 28, 1875.
Dear Sir: Your letters of the 25th instant,
addressed to us respectively, inclosing copies of a communication from
His Imperial Japanese Majesty’s minister for foreign affairs, in
relation to the unwarrantable arrest and detention of ourselves at
Hachoji, while on a journey to that and other places, within the
treaty-limits, wherein citizens of the United States “are free to go
wherever they please,” on the sole ground that foreigners had no right
to be there, have been duly received. Please accept our
[Page 828]
thanks for the prompt and energetic manner
in which you have presented to the Japanese government the violation, by
its subordinate officers, of its treaty obligations with our country,
and of our rights and privileges as citizens of the United States. You
will please to communicate to His Imperial Majesty’s minister for
foreign affairs, if you think proper, our entire satisfaction, so far as
we are personally concerned, with the course pursued by the Japanese
government in acknowledging the violation of the treaty, expressing
regret at our arrest, and removing the subordinate officers by whom the
offense was committed.
We are, with great respect and esteem, your obedient servants,
- R. F. R. LEWIS,
United States
Navy. - WILLIAM A. RICHARDSON.
Hon. John A. Bingham,
Envoy Extraordinary and Minister Plenipotentiary of the United
States, Tokei.
