No. 310.
Mr. Bingham to Mr. Evarts.

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.

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.,

Rear-Admiral, Commanding United States Naval Force, Asiatic Station.
[Inclosure No. 2 in No. 737.]

Rear-Admiral Reynolds to Mr. Bingham.

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.

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.

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:

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.]