Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1879

No. 295.
Mr. Bingham to Mr. Evarts.

United States Legation,
Tokei, Japan, July 16, 1879. (Received August 11.)

No. 918.]

Sir: On the 4th instant I received from his excellency Mr. Terashima, minister for foreign affairs, a communication, dated the 3d instant, to the effect that owing to the prevalence of cholera in the districts of Kobe and Osaka provisional regulations had been established (a copy of which was inclosed), by which all vessels coming hither from either of said districts should be detained in quarantine at Nagawia for ten days, and adding that “said regulations will be carried out as soon as all necessary arrangements shall have been completed.”

On the 5th instant I addressed a note to the foreign minister in reply, acquainting him of my desire to be informed when the regulations would be carried out, to the end that I might instruct our consuls in Japan, and cause due notification to be made thereof. I have the honor to inclose herewith copies of this correspondence, together with a copy of Mr. Terashima’s letter of the 3d instant.

On the 9th instant Mr. Terashima replied to my note as follows: “The quarantine regulations will be in force until further ordered by my (his) government. I (he) trust that you (I) were good enough to notify the contents of my (his) note of the 3d instant to the consuls of your (my) country; if, however, you have not done so, I (he) respectfully request that your excellency (I) will kindly notify the contents of this communication in addition to those of mine of the 3d instant,” a copy of which communication is herewith, together with a copy of my dispatch to the consul-general of date the 10th instant, directing him to make public the quarantine regulations, to the end that the same might be observed by all American vessels, with the qualification set forth by the minister in his dispatch of the 9th, “that vessels ascertained upon examination by the quarantine commission to have had no case of cholera on board during their voyage will be allowed to enter the harbor (of Yokohama), after they have passed seven days from the day on which they left a port where cholera or any other infectious disease prevails.”

I also inclose a copy of the consul-generals notification, as published in the Japan Herald, of date the 11th instant. Not antil after the publication of this notice upon my order, did any foreign representative accredited to this court make publication of any notice of the quarantine regulations. His excellency the British minister did, on the 14th instant, make publication that it should be lawful for Her Britannic Majesty’s consul at Kanagawa, so long as the ports of Hiogo and Osaka, or either of them, shall be declared by the Imperial Japanese Government to be infested with cholera, or other infectious disease highly dangerous to health, to detain by his warrant any British vessel entering the Bay of Yedo from the ports of Hiogo or Osaka, for a period not exceeding seven days, unless upon further order of the British consul. A copy of the order of the British minister, as published in the Japan Herald of the 15th instant, is herewith.

It is to be observed of this order that the British minister limits the action of the British consul to such British vessels as may come from the ports of Hiogo or Osaka, and also gives him full liberty at his discretion to permit all such vessels to come into the port of Kanagawa.

Thus it is seen that the British minister ignores altogether the provisions of the quarantine regulations of this government that infected vessels from either of said ports shall be detained ten days, and substantially, and by necessary implication, declares the right of Great Britain at the election of its consul, in defiance of the law of this empire, to import cholera or other infectious disease dangerous to human life into the port of Kanagawa.

It is with deep regret that I also note the fact, as published in yesterday’s Japan Herald, that a German merchant-vessel, the Hesperia, was taken out of quarantine by the German consul, who was attended by a German man-of-war, and brought into the port of Kanagawa.

* * * * * * *

The position assumed by the British minister, and, as I understand, by the German minister also, is that no quarantine is to be enforced save by their direction, and that any quarantine regulations made by this government shall be entirely disregarded by their respective consuls.

* * * * * * *

No such instructions, it gives me pleasure to say, have at any time been given to me. In my opinion, our own people residing in Japan have the right, under all existing treaties, to the protection of this government against the importation of pestilence into their habitations by the vessels of any foreign power whatever, and it is also my opinion that the denial by Great Britain of the power of this government in the premises, is the denial of a power the assertion of which by the Japanese Government our government may, with great propriety, insist upon in the interest and for the protection of the lives of our own citizens.

As you were pleased to approve my action in the matter of quarantine last year, as communicated in my No. 885, I trust that my action under like circumstances now, as herein communicated, may also meet your approval.

I beg leave to say that General Stahel, who was rightfully detained in quarantine for a few days, was permitted by the government to return to his post, and that the circumstances attending his detention and release will be made the subject of another dispatch at a future day. In my opinion there was nothing in the action of this government in the matter of General Stahel’s detention of which he or our government can justly complain.

I have, &c.,

JOHN A. BINGHAM.

[Inclosure 1 in No. 918.—Translation.]

Foreign Office, Tokei,
The 3d, the 7th month, the 12th year, Meiji.

His Excellency John A. Bingham,
Envoy Extraordinary and Minister Plenipotentiary of the United States of America:

Sir: I have the honor to inform your excellency that, owing to the prevalence of cholera at present in the districts of Kobe and Osaka, the provisional regulations have been established as per inclosure, by which all vessels coming from either of the above districts are to be detained at the quarantine harbor of Nagaura, in the province of Soushin, for a period of ten days, and further that the said regulations will be carried out as soon as all necessary arrangements shall have been completed. I avail myself of this occasion to renew to your excellency the assurances of my highest consideration.

TERASHIMA MUNENORI,
His Imperial Japanese Majesty’s Minister for Foreign Affairs.

[Inclosure 2 in No. 918.]

United States Legation,
Tokei, Japan, July 5, 1879.

No. 1000.]

His Excellency Terashima Munenori,
His Imperial Japanese Majesty’s Minister for Foreign Affairs:

Sir: I am in receipt of your excellency’s communication of the 3d instant, inclosing provisional quarantine regulations as to vessels coming from the districts of Kobe and Osaka, and informing me that the same “will be carried out as soon as all necessary arrangements shall have been completed.” I beg leave to acquaint your excellency that I am advised by the United States consul-general that these regulations have been put into execution as to the Genkai Maru without notice, and that General Julius Stahel, the United States consul at Kobe, being a passenger on said vessel, is now detained thereon in quarantine, and that the quarantine director, Dr. Simmons, reports “that there is no cholera, or the appearance of any infectious or contagious disease on board the vessel.”

I am further informed by the consul-general that Consul Stahel is under instructions from my government to proceed at the earliest moment to Hong Kong, Canton, and Macao “on important public business.”

I trust that it will be the pleasure of your excellency’s government, as it is clearly, its privilege so to do, to issue a permit to General Stahel, United States consul, allowing him to quit the quarantine at once and proceed without delay to Hong-Kong, Canton, and Macao, as he is directed by his government so to do.

I pray your excellency to give me as early a reply to this communication as may be convenient, and especially inform me if the regulations are to be observed until further ordered by your excellency’s government, to the end that I may notify our consuls.

I beg leave to renew to your excellency the assurance of my highest consideration.

JNO. A. BINGHAM.

[Inclosure 3 in No. 918.—Translation.]

Foreign Office Tokei,
The 9th, the 7th month, the 12th year Meiji.

No. 14.]

His Excellency John A. Bingham,
Envoy Extraordinary and Minister Plenipotentiary of the United States of America:

Sir: With reference to my communication No. 12, which I had the honor to address your excellency on the 3d instant, forwarding a copy of the provisional quarantine regulations and giving notice that vessels coming from the districts of Kobe and Osaka would be detained for a period of ten days at Nagaura, in the province of Soushin, on account of the prevalence of cholera in the above districts, I beg now to acquaint you that I have received information from the proper department to the effect that they have decided that vessels ascertained upon examination by the quarantine commission to have had no cholera on board during their voyage, will be permitted to enter the port after they have passed seven days from the day on which they left a port where cholera prevails.

I avail myself of this occasion to renew to your excellency the assurance of my highest consideration.

TERASHIMA MUNENORI,
His Imperial Japanese Majesty’s Minister for Foreign Affairs.

[Inclosure 4 in No. 918.]

Mr. Bingham to Mr. Van Buren.

United States Legation,
Tokei, Japan, July 10, 1879.

No. 745.]

Sir: I am in receipt of advices from his excellency Mr. Terashima, to the effect that a quarantine is declared as to all vessels bound for Yokohama which may have left or which may leave any port where cholera or any other infectious disease prevails. The inclosed quarantine regulations are to be observed until further ordered, with this qualification, that vessels which shall be ascertained upon examination by the quarantine commission to have had no case of cholera on board during their voyage, will be allowed to enter the harbor of Yokohama after seven days’ detention.

You are requested to give public notice of these quarantine regulations, to the end that the same may be observed by all American vessels, and furnish a copy of such notification to our several consuls.

In my opinion it is the duty of our several consuls to see that the regulations are observed by all American vessels.

I am, &c.

JOHN A. BINGHAM.

[Inclosure 5 in No. 918.—Extract from the Japan Daily Herald, July 11, 1879.

United States Consulate-General,
Kanagawa, July 11, 1879.

quarantine regulations.

By instructions from the United States minister in Japan, I hereby make public the quarantine regulations enacted by the Japanese Government, which are to be observed by all American vessels.

THOS. B. VAN BUREN,
United States Consul-General.

Provisional regulations applicable to the ports of Kanagawa and Shinagawa for the inspection and detention of vessels arriving from Kobe or Osaca.

1. All vessels arriving in the Bay of Yedo from one of such ports as are above mentioned, or which during their Voyage have touched at such ports, shall be detained at the quarantine harbor of Nagaura for a period of ten days before being allowed to enter either of the above ports.

2. A man of war will be stationed inside the entrance of the Bay of Yedo, and its officers will inquire, by signal, of all vessels entering the bay as to the port from which they come. Vessels coming from infected ports will proceed, as directed by the officers of the man of war, to Nagaura. Other vessels will be permitted to enter the harbor to which they are bound.

3. Vessels ordered to Nagaura, and there detained, will not be permitted to hold communication with other vessel or to discharge their passengers or cargo, or to hold any communication with the shore, whether for the purpose of shipping or discharging daily provisions or otherwise, except with the permission, and subject to the supervision, of the medical inspector in charge of the station.

4. The passengers or crew of a vessel so detained will be permitted by the medical inspector, if he shall consider it safe, to land, and, if they shall so desire, to remain on shore during the period of the ship’s detention at a place situated near the disinfecting station, to be indicated by the medical inspector.

5. In case cholera be found on board any vessel so stopped, patients suffering from the same will be removed to-the special hospital situated at Nagaura, apart from the other buildings, and there be treated.

N. B.—The cost of medicine and food, and other expenses necessarily incurred by or on behalf of the patients, shall be borne by themselves or their representatives.

6. During detention all vessels, their furniture, &c., all passengers and their baggage, and such articles among the cargo as, in the opinion of the medical inspector, shall require it, shall undergo disinfecting processes in the manner and at the times and places appointed by the medical inspector.

N. B.—In the case of passengers such processes will consist principally of baths; clothing, baggage, bedding, &c., will be subjected to the action of heat or to that of the vapor of carbolic acid.

Travelers overland to Tokio or Yokohama will be detained for five days at some suitable places in Yamanashi Ken and Gemma Ken, and at the post town Mishima.

N. B.—If, upon examination of any vessel after arriving at quarantine, it shall be found that no cholera or other infectious disease exists on board, she shall be released from quarantine at the expiration of seven days from the day of her departure from an infected port.

[Inclosure 6 in No. 918.—Extract from the Japan Daily Herald July 14, 1879.]

Whereas the Imperial Japanese Government have declared the ports of Kobe (Hiogo) and Osaka to be infected with cholera, and have issued and promulgated certain provisional quarantine regulations for “all vessels arriving in the Bay of Yedo, from one of such ports, or which, during their voyage, have touched at such ports,” and have in and by such provisional regulations made provision, among other matters, for the detention and medical examination and disinfection of such vessels and the crews, passengers, and cargoes thereof.

And, whereas, it is urgently necessary for the peace, order, and good government of British subjects resident in or resorting to Japan for the maintenance of friendly relations between British subjects and Japanese subjects, that the British consul at Kanagawa should be vested with legal powers to enable him to co-operate effectually with the Japanese authorities with the object of preventing the introduction into the port of Kanagawa of cholera or other infectious disease highly dangerous to the health of man, and in that behalf to detain, or cause to be detained and medically examined, any British vessel, her crew, passengers, and cargo coming into the Bay of Yedo from or having touched at either of the above-mentioned ports of Hiogo or Osaka, and such vessels, crews, passengers, or cargoes thereafter when necessary to further detain or cause to be further detained and properly disinfected.

The undersigned, Her Britannic Majesty’s envoy extraordinary and minister plenipotentiary in Japan, under and by virtue of the powers conferred upon him by “The China and Japan Order in Council, 1865,” and of all powers vested in him or in anywise enabling him in that behalf, has made and hereby publishes for the general information of Her Britannic Majesty’s subjects in Japan, the following regulation which, being urgent, will have effect unless and until it be disapproved by Her Majesty, and such disapproval be signified through one of Her Majesty’s principal secretaries of state, and notification of such disapproval be received and published by Her Majesty’s minister in Japan:

regulation.

It shall be lawful for Her Majesty’s consul at Kanagawa, so long as the ports of Hiogo and Osaka, or either of them, shall be declared by the Imperial Japanese Government to be infected with cholera or other infectious disease highly dangerous to the health of man, by warrant under his hand and the seal of his consulate, to detain or cause to be detained and medically examined by officers to be appointed in that behalf by him, any British vessel entering the Bay of Yedo from the ports of Hiogo and Osaka or either of them, together with her crew, cargo, and passengers (if any), and, after such primary detention and medical examination, to further detain in quarantine and cause to be properly disinfected—if and when necessary in the opinion of the medical officer so to be appointed as aforesaid—the said vessel, crew, cargo, and passengers, in such place or places and in such manner as may from time to time appear to the said consul to be expedient and necessary, provided always, that no such vessel, crew, cargo, or passengers shall be detained under any such warrant more than seven days at any one time unless and until the warrant for the detention of such vessel or crew, cargo or passengers (if any) shall have been renewed or extended for a longer period than seven days, or a fresh warrant for any such purpose shall have been issued by the said consul.

And any British subject disregarding or disobeying any such warrant of detention, or omitting and refraining to carry out any order for medical examination or for disinfection made by or under authority of the said consul, shall be deemed guilty of an offense against this regulation, and on conviction thereof before any of Her Majesty’s courts in Japan, shall for each such offense be liable to imprisonment for any term not exceeding three months, with or without hard labor, and with or without a fine not, exceeding five hundred dollars, or a fine not exceeding five hundred dollars without imprisonment.

Given at Her Britannic Majesty’s legation at Yedo this 14th day of July, A. D. 1879.

HARRY S. PARKES.