Mr. Buck to Mr. Sherman.
Tokyo, Japan, July 28, 1898.
Sir: I have the honor to state that I have information from the foreign office that on the 16th instant the minister for foreign affairs telegraphed [Page 463] to the Japanese ministers to each of the treaty powers, except to the minister to the United States, and a few other countries, to inform the respective Governments to which they are accredited that on that date Japan had put in force the revised Civil Code and the Commercial Code, and that on July 17, 1899, one year from that date, all the revised treaties would be in force, which notice, by stipulations in the treaties with those countries, was required to be given by Japan one year in advance of their going into operation.
Notice of the operation of the codes, as well as the notice of the new treaties going into effect one year from the 16th instant, became necessary, because in the treaty with Great Britain it is stipulated that the codes shall be in operation twelve months prior to her treaty with Japan’s going into effect.
The United States and some other powers having no stipulations in their treaties with Japan that one year’s notice shall be given in advance of their going into effect, for that reason, I am informed, no notice was given by the Japanese Government to them.
Though the new treaty of Japan with Austria has not yet been ratified, because of the disturbed condition of the Austrian Government, yet as that treaty requires only one month’s time after ratification to become operative, and the Austrian Government has assented to the fixing of the time for the operation of the new treaties to begin, with the assurance to the Japanese Government that not later than January 1, 1899, ratification of the treaty by that Government will be made, Japan felt justified in making the announcement so as to insure the operation of all the revised treaties from July 17, 1899.
I am further informed that the present treaty with Austria is regarded as of little value to Japan, that it is probable that in event, perchance, Austria should fail to ratify the new treaty in time, Japan would denounce her old treaty with her rather than fail to secure the benefits she would derive from the operation of her revised treaties with the other powers at the time fixed upon for their operation.
I have, etc.,