No. 192.
Mr. Bingham to Mr. Fish.
United
States Legation, Japan,
Tokei, March 6, 1876.
(Received April 3.)
No. 351.]
Sir: * * * * * * *
On the 3d instant I addressed to Mr. Terashima, the minister for foreign
affairs, a dispatch asking to be informed in regard to the mode of adjusting
claims presented against the Japanese government by foreign governments and
the citizens or subjects thereof, and also requesting a reply specifically
to the several inquiries of the instruction, a copy of which dispatch is
herewith. When the reply is received from the foreign office, I shall lose
no time in transmitting the same to the Department.
From the information already gained by conversation and official
[Page 369]
communications with the
Department, it is my opinion that all claims against this government are
determined by its executive departments upon ex parte
evidence, save where a submission is made to arbitration, and that His
Majesty, with the advice of his council, (Daijo Kuan,) appropriates from the
treasury the money for the payment thereof. So far as I know the mode of
procedure as to the claims of foreigners, it is to present the same in
writing to the foreign office through the diplomatic representative of the
foreign government or foreign citizen or subject in interest. I am of
opinion that this government is not liable to be sued in any judicial
tribunal of the empire. I am also of opinion that any citizen or subject of
a treaty power resident or non-resident in Japan can maintain an action
against Japanese subjects in the courts of His Majesty, but that foreigners
not citizens or subjects of a treaty power, unless resident here, cannot
maintain such action here.
This is all that with my limited information I can at present say upon the
subject. I regret that the circular of June 23, 1874, did not reach me
sooner.
I have, &c.,
[Inclosure.]
Mr. Bingham to Mr.
Terashima.
United
States Legation,
Tokei, March 3,
1876.
No 306.]
Sir: For the information of my Government, and
in compliance with instructions therefrom, I have the honor to inquire
of your excellency whether there is any general and uniform system and
mode of procedure for the investigation and determination of claims
preferred or held against the government of His Imperial Japanese
Majesty by the government of any foreign power or any citizen or subject
thereof.
I am instructed to obtain full information on this subject, and to report
the same to my Government, and to that end I beg leave to request, at as
early a day as may suit your exce lency’s convenience, replies to the
following inquiries:
- 1st.
- Are claims against your excellency’s government investigated,
determined, and, if allowed, their payment directed and provided
for by the legislative branch of the government?
- 2d.
- If the legislative authority does entertain such claims, what
is the mode of procedure, by committee or otherwise, and what
means, if any, are provided for procuring evidence on behalf of
your excellency’s government?
- 3d.
- What provision, if any, is made for the determination of
claims by the executive department? What is the mode of
procedure in the investigation of claims by or before executive
officers, and what means are provided for procuring evidence on
behalf of your excellency’s government?
- 4th.
- Is there any provision of law allowing a Japanese subject to
sue your excellency’s government in the regularly-established
courts or in any special tribunal, and does the privilege of
maintaining an action against your government (if it exists)
extend to aliens?
- 5th.
- What is the status of aliens before the regularly-established
courts of your excellency’s country? Can they maintain an action
in such courts against a Japanese subject, and, if so, does the
privilege extend to all aliens, or is it confined to resident
aliens only?
- 6th.
- If different systems of adjudication exist as regards
different classes of claims, what is the system with reference
to each class, and what the mode of procedure and the privileges
of your excellency’s government in relation to evidence in its
behalf and the means of procuring such evidence?
- 7th.
- Please add any other information, general or special, of which
your excellency may be possessed bearing on the subject.
I have the honor to be, sir, your obedient servant,
His Excellency Terashima Munenori,
His Imperial Japanese Majesty’s Minister for
Foreign Affairs.
