Mr. Hay to Mr. Herod.
Washington, April 25, 1899.
Sir: I have to acknowledge the receipt of your dispatch No. 269, of the 23d ultimo, calling attention to the fact that by virtue of the treaty of commerce and navigation between France and Japan, signed August 4, 1896, as well as of their treaty of October 9, 1858, French citizens will from July 17 to August 4 next enjoy all the rights of other foreigners in Japan in matters relating to navigation and commerce and, in addition, extraterritoriality and freedom from taxation by Japan. You also point out that Article XIV of our treaty with Japan of November 22, 1894, guarantees to Americans most-favored-nation treatment in all that concerns commerce and navigation, and you express the opinion that, if French citizens are up to August 4, to be free from taxes of all kinds levied by the Japanese Government, American citizens should enjoy equal privileges, favors, and immunities.
In reply I have to inform you that the Department concurs in your view of the matter.
The third paragraph of Article II of our treaty is even more comprehensive than Article XIV in granting to American citizens most-favored-nation treatment.
You will bring the matter to the attention of the Japanese Government and claim for American citizens all privileges of trade and navigation that will be enjoyed by French citizens after July 17 and up to August 4, 1899.
I am, etc.,