No. 738.
Mr. Hubbard to Mr. Bayard.
Legation of
the United States,
Tokio
,
October 26, 1888.
(Received November 16.)
No. 512.]
Sir: Referring to my dispatch No. 511, inquiring as
to the political status of the Japanese wife of one Joseph Ratcliffe, a
British subject serving in the United States Navy, I have the honor to
inclose herewith a copy of a note which I have received from the Japanese
minister for foreign affairs, in answer to my note inquiring to what extent
the marriage of a Japanese woman to a subject or citizen of another power
[Page 1077] would be recognized where
the ceremony had been performed in a foreign country and in compliance with
all the requirements of the laws of the country relating to marriage; and
what would be the political status of a Japanese woman, in the light of
Japanese law, who had contracted such a marriage and who returned to live
with her husband in Japan.
It will be seen by the inclosure in Count Okuma’s note that a Japanese before
marrying in a foreign country must first receive the sanction of the
Japanese consular or diplomatic representative in that country—a provision
of law with which it seems the wife of Joseph Ratcliffe failed to
comply.
I have, etc.,
[Inclosure 1 in No.
522.—Translation.]
Count Okuma to Mr.
Hubbard.
Department for Foreign Affairs
,
The 23d day, the 10th month, the 21st year of
Meiji (Oct. 23, 1888).
Sir: I have the honor to acknowledge the
receipt of your excellency’s note No. 263 of the 16th instant, in which
yon express your desire to be informed as to the extent in which the
marriage of a Japanese woman with the subject or citizen of another
power, celebrated in a foreign country in accordance with the
requirements of the laws of such country, would be recognized by the
Imperial Government, in the event the Japanese wife should return with
her husband to reside temporarily within the empire, and also as to the
status of such woman in the light of Japanese law during her residence
in Japan. The marriage of Japanese subjects with foreign subjects or
citizens was first sanctioned in the 6th year of Meiji, and as decree
No. 103, which was then promulgated, contains certain provisions bearing
upon the subject of your inquiry, I beg to inclose herewith for your
information an extract of the decree.
I avail, etc.,
[Inclosure 2 in No.
512.—Translation.]
Extract of Decree No. 103, promulgated on the 14th day of the 3d month of the 6th year of
Meiji.
A Japanese subject who may desire to enter into marriage relation with
any subject or citizen of a foreign power shall first obtain the
sanction of the Imperial Government.
A Japanese woman on her marriage with the subject or citizen of a foreign
power shall lose her status as a Japanese subject, but if she should
desire for special reasons to regain her Japanese nationality, she may
apply for the permission of the Imperial Government.
A Japanese woman on her marriage with a subject or citizen of a foreign
power shall lose the right to hold immovable property within the
dominion of His Imperial Majesty even though she might; have possessed
such property before her marriage. She shall, however, he allowed to
possess money and other movable property unless expressly prohibited by
the laws of the Imperial Government.
A Japanese subject who may desire to enter into marriage in a foreign
country with the subject or citizen of a foreign power shall apply for
the necessary sanction to his Imperial Japanese Majesty’s diplomatic or
consular officer residing in or near the country in which the marriage
is to be celebrated, and such diplomatic or consular officer shall
report the matter to the Imperial Government.
