No. 184.
Mr. Bingham to Mr. Fish.
Tokei, Japan, December 7, 1875. (Received Jan. 5, 1876.)
Sir: Referring to my No. 151, of date November 19, 1874, inclosing new hunting regulations and a protocol for a change of the treaty as to the trial of all foreign persons for offenses against the provisions thereof, I have now the honor to acquaint you that the general regulations so proposed by the Japanese government met the approval of all the foreign representatives, that the protocol was by each referred to his own government, and does not seem to be acceptable to either; that the minister of foreign affairs waives the demand for a new tribunal to try offenders, but refuses to allow hunting licenses to foreign persons unless the foreign representatives will agree that all fines adjudged by the foreign consuls, and by them collected of foreigners for offending against the hunting regulations, be paid into the Japanese treasury.
Under existing laws and regulations I could not assent to this demand of his excellency the minister for foreign affairs, and a like decision was arrived at by my colleagues.
I have endeavored to persuade Mr. Terashima that, all the foreign representatives having now for the first time recognized the right of his government to prescribe general hunting regulations, and the duty of the foreign consuls to enforce obedience to the same on the part of their respective countrymen in Japan, he should not insist on the fines collected of foreigners being paid into the Japanese treasury, for the reason that they are of small amount, and will not pay the cost incurred in the enforcement by the foreign consuls of the Japanese law.
The costs are so trifling, that I would suggest that it might be well, as to this law, to consent that fines collected by our consuls in Japan should be accounted for to the Japanese government.
Something, it seems to me, should be accorded to these people.
The matter is respectfully submitted for your consideration.
I have, &c.,