No. 277.
Mr. Bingham to the Secretary of
State.
United
States Legation,
Tokei,
Japan, October 21, 1878. (Received
November 21, 1878.)
No. 885.]
Sir: On the 19th instant I received from Mr. Yan
Buren a dispatch of that date, a copy of which is herewith (inclosure 1), in
relation to the request of this government, made through the Ken Rei
(governor) of Kanagawa, to the effect that all merchant-vessels arriving at
that port from Nagasaki should be subject to inspection by a medical officer
appointed by His Imperial Japanese Majesty’s Government, and upon
ascertaining that the vessel so inspected was infected, or that any persons
had died or suffered on board thereof from cholera, that such vessel should
go into quarantine, and that neither the crew, passengers, nor cargo thereof
should, during such quarantine, be landed, and assigning as the necessity
for this action that cholera had been prevalent in Nagasaki since the 2d
instant.
[Page 605]
You will observe that to this reasonable request the consuls at Yokohama, as
Mr. Yan Buren reports to me in his dispatch herewith, were unanimous in
consenting that the medical officer might inspect such foreign vessels as
might arrive in Yokahama from Nagasaki, but that no further steps should be
taken until the consul of the nationality of the foreign vessel so inspected
should be satisfied from the certificate of a medical officer, appointed by
himself, that the vessel is infected; nor should the same be ordered into
quarantine save upon the order of such consul.
I have replied to Consul-General Van Buren that this action of the consuls
does not accord with the policy of the United States in Japan, nor with our
obligations to respect and observe the laws of Japan, and that the action of
the consuls is a substantial denial of the undoubted right of this
government to prevent the importation of pestilence by foreign vessels into
the territorial waters of Japan, a copy of which reply to the consul-general
I have the honor to inclose (inclosure 2).
It will occur to you that this consular action puts it in the power of a
single consul to import pestilence into this capital against the law of this
empire and the protest of every other nationality save that represented by
such dissenting consul!
It cannot be doubted, in my opinion, that the right of the Japanese
Government to prohibit and prevent from coming into its ports all ships
infected with pestilence, is as clear as its manifest right to prohibit and
prevent from coming into its ports the armed vessels of a declared public
enemy.
I respectfully submit this matter to your consideration, and request
instructions thereon.
I have, &c.,
[Inclosure No. 1 in No.
885.]
Mr. Van Buren to
Mr. Bingham.
United
States Consulate-General,
Kanagawa (Yokohama), October 19,
1878.
No. 3549.]
Sir: Being prevented by the storm, which
seriously affects my health, from waiting upon you in person to-day, I
beg to inclose you a copy of a communication addressed to the senior of
the foreign consuls here by the ken rei of Kanagawa, upon the subject of
the medical inspection, &c., of vessels arriving from Nagasaki, and
about which I wished to converse when I had the pleasure of meeting you.
The ken rei’s letter reads as follows:
“Sir: I have the honor to inform you
that, as cholera has been prevalent in Nagasaki since the 2d
instant, I am desirous to have a medical officer visit all
vessels, excepting men of war that come here via Nagasaki,
immediately on their arrival, in order to question the captain
and doctor, and ascertain whether any deaths or cases have
occurred on board; and, if so, that neither crew, passengers,
nor cargo be permitted to land.
“Trusting that you and your colleagues will concur in this, and
oblige me with an early reply,
“I have the honor to be, sir, your obedient servant,
“NOMURA YASUSHI.”
I find that the consuls are unanimously agreeable to complying with the
request of the ken rei, so far as a medical inspection of vessels is
concerned, but insist that before any other steps can be taken the
consul of the nationality to which the particular vessel sought to be
quarantined belongs, must be satisfied by the certificate of a medical
officer appointed by him that the vessel is infected, and such placing
on quarantine or other action must be directed by said consul.
I have, &c.,
[Page 606]
[Inclosure No. 2 in No.
885.]
Mr. Bingham to Mr.
Van Buren.
United
States Legation,
Tokei, October 19,
1878.
No. 672.]
Sir: I have your note of this date, in relation
to the written request of the ken rei of Kanagawa of date the 8th
instant, a copy of which you inclose. This letter of the ken rei is to
the effect that the Japanese Government gives notice to the consuls at
Yokohama that, because of the prevalence of cholera in Nagasaki, all
vessels (except men of war) arriving in the former port from Nagasaki
are to be inspected by a medical officer appointed by this government,
and if, upon inquiry, such officer shall ascertain that persons have
suffered or that deaths have occurred on board from cholera, such vessel
shall be put into quarantine, and neither the crew, passengers, nor
cargo thereof be permitted to be landed.
I see no reason why this government may not make an order to that effect,
nor why such order should not be respected by you and every other consul
at Yokohama; I understand from your note that all the consuls at the
port concur in assenting to the raedical inspection of such vessels, but
insist that no further steps beyond the inspection can be taken save by
the action of the consul of the nationality of the vessel inspected,
who, upon the certificate of a medical officer, to be appointed by him,
that the vessel is infected, will then decide whether the vessel shall
be subject to quarantine.
This qualification seems to imply that each consul will decide for
himself whether a vessel of his nationality has been infected with
cholera or should be required to go into quarantine, thereby
substantially declaring that a quarantine proclaimed by this government
in its own ports is not to be respected by any foreign vessels, and that
quarantine of foreign vessels, under all circumstances, within the
territorial waters of Japan can only be declared by the consul of each
nationality.
This claim of the consuls severally to prevent a quarantine of foreign
vessels in the port of Yokohama does not accord with the declared policy
of our government toward Japan, nor with its obligations thereto, and
is, in my opinion, a needless denial of the undoubted right of this
government to protect its people against the importation of pestilence
into its own waters by foreign vessels.
I have to request that you furnish me a copy of any correspondence on
this subject which you may have had with the Ken Rei, and also a copy of
any quarantine regulations which you may have received from him.
I am, &c.
