No. 310.
Mr. Bingham to Mr. Evarts
.
United
States Legation, Japan,
Tokei
,
February 21, 1878.
(Received April 1.)
No. 737.]
Sir: I have the honor to inclose herewith copies of
two several communications addressed to me in June last, by Rear-Admiral
William Reynolds, United States Navy, commanding the United States naval
squadron on this station, in relation to the use of harbor regulations and a
harbor-master at the port of Yokohama, and suggesting that if I deemed it
advisable I should bring the matter to the notice of the Japanese
Government.
On the 16th of June last I acknowledged the receipt of Rear-Admiral
Reynolds’s communication of June 15, and soon thereafter I called at the [Page 487] foreign office and verbally made
mention of the subject, and suggested the propriety of some action on the
part of His Majesty’s Government for the better security and order of
vessels in the port of Yokohama, and for the protection of the harbor, by
preventing its obstruction, as was being done by the deposit therein of
ashes, &c., from steamships, as represented to me by Rear-Admiral
Reynolds.
I was answered at that time by the minister of foreign affairs’ secretary
that the subject would be inquired into, and that I would in due time be
advised in relation thereto.
Having received no advices on the subject from the foreign office, on the
26th of November last I addressed to his excellency Mr. Terashima, the
minister for foreign affairs, a dispatch, a copy of which I have the honor
to inclose. On the 18th of December last Mr. Terashima replied that in 1872
harbor regulations for the port of Yokohama were issued by the Japanese
governor (kewrei) of that port, after consultation with the foreign consuls,
copies of which reply and of the regulations I have the honor to
inclose.
Upon due consideration of the regulations, it is my opinion that they are
reasonable; that they do not conflict with any treaty provision, and that
they should be recognized and observed by all the naval and merchant vessels
entering and clearing the port of Yokohama. Of course, for any breach
thereof by any of our commanders or officers of vessels, the penalties
prescribed by the regulations would not control the action of our consuls,
inasmuch as by the treaty of 1858, and by the act of 1860, Americans
offending in this empire against law are to be tried before our consuls, and
after conviction to be punished according to American law. (Consular
Regulations, 1874, page 193, article 6; and Revised Statutes, sections 4084,
4085, and 4101.)
The opinion herein expressed upon the validity of these harbor regulations
rests upon the same reasons which I had the honor to assign for my opinion
in the matter of the hunting regulations as communicated to the Department
in my No. 17, and which was approved by the Department in instruction No.
18. (Foreign Relations for 1874, pages
653, 654 and 658, 659.)
I also respectfully refer to instruction No. 25 in reply to my Nos. 45 and 46
in relation to the regulations by this government of trade and travel in the
interior. (Foreign Relations, 1874, pp.
670, 671.)
Permit me to add that I am the more assured of the rightful authority of
Japan in the premises by your instruction to me, No. 296, of date the 8th of
June last, in which you express the opinion that “there should be no attempt
made to exercise control over the domestic and municipal affairs of the
Japanese Government, by the foreign representatives, except so far as
absolutely necessary to the enforcement of treaty stipulations.”
The harbor regulations issued by this government seem to me needful for the
good order and safety of the shipping in the port of Yokohama, and necessary
to protect that harbor from dangerous obstructions by the discharge from
vessels into the harbor of ashes and other waste matter, which discharge, as
at present practiced, is expressly prohibited by the regulations inclosed.
(Article VII.)
Trusting that my views may meet your approval, I beg leave to say that upon
the receipt of your instructions to that effect, I shall take measures to
have these regulations observed by all American vessels.
I have, &c.,
[Page 488]
[Inclosure No. 1 in No.
737.]
Rear-Admiral Reynolds to Mr. Bingham
.
Flagship Tennessee, second rate,
Yohohama, Japan
,
June 15, 1877.
Sir: I take occasion to address you relative to
a matter that concerns the safety and convenience of ships of war and of
commerce frequenting this port, in the hope that you may find it
advisable to bring it to the notice of this government.
The port of Yokohama is at present without a harbor-master. The need of
such an official is recognized in all harbors that are frequented by
shipping, foreign and domestic. A harbor-master’s duties are to see that
the regulations of the port are carried out by vessels in coming to
anchor, while at anchor, and in going to sea. I am not aware that there
are any port regulations as to the anchorage of ships at this place in
existence, while the necessity for them, and for a proper official to
enforce them, is quite apparent.
Harbor-masters are to be found at the treaty ports of China, and of
course at Hong-Kong. The port regulations of Hong-Kong are well adapted
to the purpose.
Vessels loaded with combustibles take an anchorage apart from other
ships, and far enough from shore to avoid endangering the town in case
of explosion.
Ships of war can have their place of anchorage fixed.
Disputes as to anchoring-berths are decided by the harbor-masters; an
important matter when collisions occur. A steam-launch, always ready for
use, and an assistant to harbor-masters are requisite.
Admiral Ryder has addressed a letter to the British minister on this
subject, and I believe Admiral Vernon will write to the French minister
likewise.
I am, &c.,
WM. REYNOLDS,
Rear-Admiral, Commanding
United States Naval Force, Asiatic
Station.
[Inclosure No. 2 in No.
737.]
Rear-Admiral Reynolds to Mr. Bingham
.
Flagship Tennessee,
Yokohama,
Japan
,
June 22,
1877.
Sir: Captain Young informs me that he has heard
from good authority that the depth of water at this anchorage is
diminishing from the throwing overboard of ashes by steamships
frequenting Yokohama.
This is another matter for harbor regulations to take cognizance of and
for a harbor-master to enforce attention to. Ashes, as well as other débris, are not allowed to be thrown overboard in
harbors, but scows are provided in which they are to be dumped and taken
away for discharge at the place indicated by the authorities.
I am, &c.,
[Inclosure No. 3 in No.
737.]
Mr Bingham to Mr.
Terashima
.
United
States Legation,
Tokei
,
November 26,
1877.
Sir: In June last I received from Rear-Admiral
William Reynolds, U. S. N., then commanding the United States naval
force on the Asiatic station, a communication, in which he advised me of
the need of a harbor-master in the port of Yokohama, and also the need
of port regulations in that harbor.
Soon after the receipt of this communication I called at the foreign
office to confer with your excellency on the subject, but not having the
good fortune to meet you, I made known to Mr. Ishibashi the object of my
visit, and suggested to him that he should bring the matter to your
excellency’s attention, and that also through the Japanese consul at
Hong Kong a copy of the harbor regulations.
Having heard nothing on the subject, I now beg leave to suggest for your
excellency’s consideration the need of a harbor-master for the port of
Yokohama, and the adoption of suitable harbor regulations by His
Majesty’s Government.
In my opinion the appointment of a harbor-master and the adoption of
harbor regulations for that port rest exclusively with your excellency’s
government; but allow me to add that it is alike needful to the
interests of your excellency’s government and to [Page 489] the safety of foreign vessels coming into that
port that a harbor-master he appointed, and also that suitable
regulations be adopted and promulgated.
I have, &c.,
[Inclosure No. 4 in No.
737.]
Mr. Terashima
Munenori to Mr. Bingham
.
Foreign
Office, Tokio
,
The 18th, the 12th month, the 10th year Meiji (December 18, 1877).
Sir: I have the honor of acknowledging the
receipt of your excellency’s dispatch, under date of November 26, 1877,
informing me that the adoption of suitable harbor regulations for the
port of Yokohama is alike needful for the interests of my government and
to the safety of foreign vessels coming into that port.
I beg to say, in reply, that the adoption of harbor regulations in that
port is a matter that has been deemed quite essential.
I inclose herewith a copy of a draught of regulations which was made out
by the kewrei (governor) of Kanagawa in the 10th month of the 5th year
of Meiji (October, 1872), and concerning which he then consulted with
the foreign consuls.
I avail myself, &c.,
[Inclosure to inclosure 4 in No.
737.]
Yokohama harbor regulations ordinance.
Whereas the Government of Japan deem it expedient that certain
regulations should be made for the maintenance of order and for the
preservation of life and property within the port of Yokohoma: Therefore
be it enacted and ordained as follows:
- I.
- The boundaries, limits, and anchorage of the port of Yokohama
shall henceforth be defined and taken to be as follows, viz: A
straight line drawn from Treaty Point to the light-ship in a
northeast by east direction, and a straight line drawn from the
light-ship to the entrance of Tsurumigawa River, and all vessels
shall be considered within the “port limits” when Mandarin Bluff
bears from them southwest or to the southward of
southwest.
- II.
- Every master of a merchant vessel shall hoist the ship’s
ensign, and shall also hoist the ship’s number at the masthead
before entering the port of Yokohama, and shall keep such number
flying until the ship shall have been reported at the
harbor-master’s office.
- III.
- Every master of a merchant vessel shall within 24 hours after
arrival within the limits of this harbor report the arrival of
his ship at the harbor-master’s office; and, in case of a vessel
which is not represented by a consul, shall deposit there the
ship’s articles, register, list of passengers, and a true copy
of the manifest, if required. In the case of a foreign vessel
represented by a consul, the said papers shall be lodged by the
master at the proper consulate, under a penalty of not exceeding
$200 on refusal or neglect of the master to do so.
- IV.
- Every master of a merchant vessel arriving in the harbor shall
take up the berth pointed out by the harbor-master, or by any
authorized person sent on board by him for that purpose, and
shall moor his ship there properly, and shall not remove from it
to take up any other berth without his permission, except in
case of necessity, to be decided by the harbor-master, under a
penalty not exceeding $100, and he shall remove his vessel to
any new berth when required to do so by the harbor-master, under
a fine not exceeding $20 for every hour the vessel shall remain
in her old berth after notice to remove under the hand of the
harbor-master, or his deputy, shall have been given on board of
her.
- V.
- Every master of a merchant vessel shall immediately strike
spars, clear house, or shift berth, or obey any other order
which the harbor-master may think fit to give, and any master
willfully disobeying or neglecting this regulation shall be
liable to a fine not exceeding $200.
- VI.
- Every master of a merchant vessel about to proceed to sea
shall, under a penalty not exceeding $50, hoist a blue peter
twenty-four hours before time of intended departure, and shall
give notice to the harbor-master, who shall furnish a
port-clearance and shall likewise attest the manifest if
necessary; and any ship having obtained such clearance, and not
sailing within thirty-six hours thereafter, shall report to the
harbor-master the reason for not going, and shall redeposit the
ship’s papers if required.
- VII.
- No dead body shall he thrown overboard within the limits of
the harbor under a penalty not exceeding $200, to be paid by the
master of the vessel; and no stores or other ballast shall be
thrown overboard within the said limits under a penalty not
exceeding $100, to be paid by the master of the vessel from
which such stores or ballast shall have been thrown.
- VIII.
- Every commanding officer of a ship of war, or master of a
merchant vessel, of whatever nationality, who may arrive in the
harbor, having small-pox or any other disease of a contagious or
infectious nature on board, shall hoist the proper quarantine
flag, and no communication shall be held with any other vessel
or boat, or with the shore, until permission be given by the
harbor-master; and the boarding officer, on nearing such ship,
shall be informed of the nature of the disease, that proper
precautions may be taken, and assistance rendered, under a
penalty, in any of the foregoing cases, not exceeding $200 for
every offense.
- IX.
- Every commanding officer of a ship of war, or master of a
merchant vessel, having any such disease on board, shall
forthwith remove his ship to any berth which shall be pointed
out to him by the harbor-master, and there remain and keep the
quarantine flag flying until a clean bill of health shall be
granted by the harbor-master, and shall afford free access and
render every assistance to any officer of health who may be
directed by his excellency the governor to visit such ship,
under a penalty not exceeding $200 for every offense.
- X.
- In case of fire occurring on board any ship or vessel in the
harbor, if at night, three lights shall be hoisted in vertical
position at the highest masthead and a single light at the peak,
and guns shall be fired in quick succession until sufficient
assistance shall be rendered; and if during the day, the ensign
shall be hoisted union down, with the signal in Marryatt’s Code,
2104, “I am on fire,” at the highest masthead, and guns fired as
above provided for nighttime.
- XI.
- Except as signals of the arrival or departure of mail-steamers
or as signals of fire, as directed in section X of this
ordinance, or under the sanction of the harbor-master, no
cannon, gun, or fire-arm of any description shall be discharged
within the limits of this harbor from any merchant vessel, under
a penalty not exceeding $200.
- XII.
- Every master of a vessel in this harbor shall, from sunset to
sunrise, cause to be exhibited a bright white light from the
starboard foreyard-arm at an elevation of not less than than
twenty feet above the bulwarks, and in case of dismantled
vessels or hulks wherever it can best be seen, and in default
thereof shall incur a penalty not exceeding $100.
- XIII.
- Every master of any vessel, of whatever description, in this
harbor, who shall make or cause to be made fast to the public
light-ship, or any of the buoys or beacons or their moorings,
any rope, chain, or other gear, or shall foul, or in any way
injure, the said light-ship, buoys, beacons, or moorings, shall,
on conviction thereof, be fined a sum not exceeding $25, in
addition to the cost of repairing or replacing the same.
- XIV.
- A public fairway shall be buoyed off for the passage of
ocean-going and coast steamers, and no vessel or boat of any
description shall be allowed to anchor within such fairway, and
the master of any such vessel or boat dropping anchor in or
otherwise obstructing such fairway, shall be liable to a fine
for each offence not exceeding $50, in addition to any other
fine otherwise liable under this ordinanse in the case of
sea-going vessels; and in the case of boats licensed by the
harbor-master, to a like fine, in addition to forfeiture of
license, if so adjudged by the harbor-master.
- XV.
- The harbor-master shall have power to fix, from time to time,
the place of anchorage for coasting steamers, and to grant
permission to the owners of such steamers to lay down permanent
moorings to be approved by him; but no coasting steamer shall
drop anchor or moor within the fairway provided under section
XIV of this ordinance.
- XVI.
- The harbor-master shall have power to direct and enforce the
anchorage of ships in such part of the harbor, for the purpose
of discharging cargo, as he shall from time to time think
necessary.
- XVII.
- It shall be lawful for his excellency the governor, from time
to time, to set apart a special part of the harbor for the
anchorage of ships of war, and within such portion of the harbor
no merchant vessels or native craft or boats of any description
shall be permitted to anchor without the special sanction of the
harbor-master in each ease obtained.
- XVIII.
- No powder-hulk or vessel of any sort used for storing
gunpowder or any other explosive material will be allowed to
remain within two miles of the port of Yokohama, and every such
powder-hulk or vessel must at all times be open to inspection by
a duly-authorized officer of the government, so as to insure
that proper precautions are used on board of such hulk or vessel
for the prevention of accidents; and in case the owner or person
in charge shall refuse to allow such inspection, he shall be
liable to a fine not exceeding $500.
- XIX.
- The master of any such vessel as mentioned in the preceding
section shall, as soon as possible, remove his vessel to the
berth pointed out to him by the harbor-master, and the said
vessel shall not be removed therefrom without the permission in
writing of the harbor-master.
- XXI.
- The master of every vessel having on hoard more than 200
pounds of gunpowder, or while engaged in shipping,
transshipping, or discharging any quantity, shall exhibit at the
highest masthead a red flag.
- XXII.
- It shall not be lawful for the master of any vessel to
transship any gunpowder or other explosive material between the
hours of 6 p.m. and 6 a.m. from October to March inclusive; nor
between the hours of 7 p.m. and 5 a.m. from April to September
inclusive, without written permission from the
harbor-master.
- XXIII.
- It shall not be lawful for the master of any vessel having on
board gunpowder, exceeding in quantity 200 pounds, to anchor
nearer than 500 yards from any other vessel.
- XXIV.
- A copy of this ordinance shall be delivered to each master of
a vessel entering the harbor, and on neglect to return such copy
on obtaining clearance a fee of one dollar shall be payable by
the master.
- XXV.
- Whenever the word “master” is used in this ordinance, it shall
be deemed to include any person having charge of a ship or
vessel or any other craft.
- XXVI.
- All offenses against any of the provisions of this ordinance
shall be cognizable by, and may be heard and decided by, the
consul of the offending party, and in cases of persons not
represented by a consul, all such cases may be heard and decided
by the Japanese authorities at the Saibausho.
- XXVII.
- Nothing in the sections of this ordinance numbered from XIX to
XXIII, both numbers inclusive, shall apply to His Majesty the
Emperor of Japan’s ships of war, or to the ships of war of any
foreign nation, or to the hired armed vessels in His Majesty the
Emperor’s service, or in the service of any foreign nation, or
to government, naval, or military stores.
- XXVIII.
- The above regulations of the port of Yokohama being duly in
force, his excellency the governor of Kanagawa shall have power
to make such alterations or additions thereto as he may from
time to time think fit, the same having been previously laid
before the several consuls for consideration.
[Note.—The above draught of regulations having
been framed in October, 1872, was at that time made the subject of
consultation between the governor of Kanagawa and the foreign consuls at
Yokohama.]
