Mr. Buck to Mr. Hay.

No. 323.]

Sir: I have the honor to inclose herewith newspaper clippings from the local papers, giving translations of several rescripts and instructions issued by the Emperor and the ministers of state respecting the operation of the new treaties, together with the comments of the vernacular press in relation thereto.

I have, etc.,

A. E. Buck.
[Inclosure 1.]

imperial rescript on the new treaties.

Governing our realm by the abiding aid of our ancestors’ achievements, which have enabled us to secure the prosperity of our people at home and to establish relations of close amity with the nations abroad, it is a source of heartfelt gratification to us that, in the sequel of exhaustive planning and repeated negotiations, an agreement has been come to with the powers, and the revision of the treaties, our long-cherished aim, is to-day on the eve of becoming an accomplished fact; a result which, while it adds materially to the responsibilities of our Empire, will greatly strengthen the basis of our friendship with foreign countries.

It is our earnest wish that our subjects, whose devoted loyalty in the discharge of their duties is conspicuous, should enter earnestly into our sentiments in this matter and, in compliance with the great policy of opening the country, should all unite with one heart to associate cordially with the peoples from afar, thus maintaining the character of the nation and enhancing the prestige of the Empire.

In view of the responsibilities that devolve upon us in giving effect to the new treaties, it is our will that our ministers of state, acting on our behalf, should instruct our officials of all classes to observe the utmost circumspection in the management of affairs, to the end that subjects and strangers alike may enjoy equal privileges and advantages and that, every source of dissatisfaction being avoided, relations of peace and amity with all nations may be strengthened and consolidated in perpetuity.

[Imperial sign manual.]

[Signatures of all the cabinet ministers.]
[Inclosure 2.]

cabinet notification no. 1.

The work of revising the treaties has caused deep solicitude to His August Majesty since the centralization of the Goverment, and has long been an object of earnest desire to the people. More than twenty years have elapsed since the [Page 470] question was opened by the dispatch of a special embassy to the West in 1871. Throughout the whole of that interval, numerous negotiations were conducted with foreign countries and numerous plans discussed, until finally, in 1884, Great Britain took the lead in concluding a revised treaty, and the other powers all followed in succession, so that now the operation of the new treaties is about to take place on the 17th of July and the 4th of August.

The revision of the treaties in the sense of placing on a footing of equality the intercourse of this country with foreign States, was the basis of the great liberal policy adopted at the time of the restoration, and that such a course conduces to enhance the prestige of the Empire and to promote the prosperity of the people, is a proposition not requiring demonstration. But if there should be anything defective in the methods adopted for giving effect to the treaties, not merely will the object of revision be sacrificed, but also the country’s relations with friendly powers will be impaired and its prestige may be lowered. It is of course beyond question that any rights and privileges accruing to us as a result of treaty revision should be duly asserted. But there devolves upon the Government of this Empire the responsibility, and upon the people of this realm, the duty of protecting the rights and privileges of foreigners, and of sparing no effort that they may one and all be enabled to reside in the country confidently and contentedly. It behooves all officials to clearly apprehend the august intentions, and to pay profound attention to these points.

Marquis Yamagata,
Minister President of State.

[Inclosure 3.]

general instructions no. 10 of the minister of state for education to local governors.

Since my assumption of office the condition of the schools has caused me much solicitude, and on the occasion of the assembling of the government of prefectures and cities last April, I urged them to give serious consideration to the question of correcting the conduct of students and making the school regulations more stringent. The time for the operation of the revised treaties is now only a few days distant, and His Majesty has graciously issued an imperial edict on the subject. Doubtless the number of foreigners visiting the interior of the country will greatly increase, and if, at such a time, students be left without proper control, and suffered to neglect the dictates of propriety by cherishing sentiments of petty arrogance, and behaving in a violent, outrageous, or vulgar manner, not only will the educational system be brought into discredit, but also the prestige of the country will be impaired, and its reputation may even be destroyed. It is desired, therefore, that, in respectful accord with the august will, the directors of schools and the teachers should exert themselves to the utmost to effect reforms, and to discharge their functions with such earnestness that educational methods may be freed from all errors.

Count Kabayama,
Minister of State for Education.

[Inclosure 4.]

special instruction no. 11 of the minister of state for education to government schools.

The schools under the direct control of the Government serve as models to all the public and private educational institutions throughout the country. It is therefore, my earnest desire that the behavior of the students at such schools should be regulated with notably strict regard to the canons of propriety, so that they may show themselves worthy of the station they occupy. The date of the operation of the revised treaties is now imminent, and His Imperial Majesty has issued a gracious rescript. It may be expected that the coming and going of foreigners in the interior of the country will henceforth grow more frequent, and if at such a time students be left without proper control and suffered to neglect the dictates of propriety by cherishing sentiments of petty arrogance, and behaving in [Page 471] a violent, outrageous, or vulgar manner, not only will the educational systems be brought into discredit, but also the prestige of the country will be impaired, and its reputation may even be destroyed. For that reason I have addressed an instruction to the local governors urging them to guard against any defects in educational methods, and I am now constrained to appeal to the Government schools, which serve, for models. I trust that those upon whom the functions of direction and teaching devolve, paying respectful attention to the august intention, will discharge their duties carefully toward the students, and, by securing the latter’s strict adherence to rules, will contrive that they shall serve as a worthy example to the schools throughout the country.

Count Kabayama,
Minister of State for Education.

[Inclosure 5.]

imperial rescript on treaty revision.

The rescript which His Majesty, the Emperor, has issued in connection with the operation of the revised treaties will be read with satisfaction by foreigners, and can not fail to produce an excellent impression upon the public at large. The Emperor uses language of very exceptional force and frankness. It is an almost invariable rule that the expressions employed in a Japanese Imperial rescript are comparatively colorless and unmarked by any evidence of strong feeling. But in the message just addressed to his people, the Emperor of Japan tells them that treaty revision has for years been to him an abiding object of desire; declares that its consummation has entailed exhaustive planning and repeated negotiations, and speaks frankly of the heartfelt gratification he derives from the achievement of this long purpose. It is, perhaps, difficult for foreigners in general to appreciate the moving effect that such language must exercise upon the Japanese people, whose mental attitude toward their sovereign is still based on a profound belief in His Majesty’s divine origin. We may be sure, however, that every Japanese will derive from this portion of the rescript a conviction that the nation’s mood should be one of deep gratitude, and that the sovereign has invited his subjects to participate in his own satisfaction and to assist in completing it. Following upon these words comes a remarkable behest, which can not fail to derive added force from such a preface. The Emperor, addressing himself to his people, whose devoted loyalty in the discharge of their public duties is conspicuous, asks them to enter earnestly into his wishes, and all to unite with one heart in associating cordially with the people from afar, by which means, His Majesty says, the character of the nation will be upheld and the prestige of the empire enhanced. The significance that such expressions must convey to Japanese readers can scarcely be overestimated. They have evoked comments of a very strong character from the leading vernacular journals, and they will come with the force of an irresistible command to the whole nation.

By the average foreigner, however, the last paragraph of the rescript will probably be read with most interest. It is not easy to convey, by means of any concise translation, the full value of His Majesty’s language. In speaking to his officials of the responsibilities that devolve on them in carrying out the treaties, the Emperor uses the words “Chin ga tame ni,” which literally mean, “for my sake,” or “on my behalf,” and which, in this context, amount to a frank declaration that the responsibilities primarily belong to the sovereign himself, and that he invites his officials to discharge them on his account. As to the manner of their discharge, His Majesty lays down the broad principle that both natives and foreigners must enjoy equal benefits and advantages, so that, all sources of dissatisfaction being removed, amity and peace with the powers may be strengthened and perpetuated. Nothing could be less equivocal. The Emporer declares in the plainest terms that it is his policy and desire to abolish all distinctions between natives and foreigners, and that, by pursuing that course, his people will best consult his wishes, maintain the character of the nation, and promote its prestige. It is a very gracious and enlightened rescript, worthy of the epoch and of the sovereign under whose government Japan has risen to a position never before attained by an Oriental state.

[Page 472]
[Inclosure 6.]

ministerial instructions.

We need not comment at any length on the instruction issued by the minister president by way of corollary to the imperial rescript of the 30th ultimo. The gist of the document is contained in the sentence that, while duly asserting the rights which the Japanese themselves acquired under the revised treaties, the responsibility devolves upon the Government and the duty upon the people of safeguarding the rights of aliens so that they may one and all be able to reside confidently and contentedly in the country. That is all that foreigners ask, and we can safely say that if the attainment of these most desirable objects depends upon the good will and the exertions of the Empire’s leading statesmen, foreigners may rest easy.

Upon Count Kabayama’s instruction wider interest will center. Has the educational department really recognized the necessity of introducing stricter discipline into the schools and inculcating a different spirit into the students’ attitude toward foreigners? It would appear that such is the case, and the officials of the department are to be congratulated on the fact. The subject of rudeness to foreigners has often been discussed in these columns. We are firmly persuaded that it has its origin in the schools. Owing to a false construction placed by a professor of the Imperial University on the imperial rescript relating to education, a spirit of more or less hostility to foreign religious creeds and their disciples has been inculcated in the schools, and, as a matter of course, that spirit is manifested in the demeanor of students toward foreigners. The evil is reflected in other directions also, but its source is the schools, and to correct it nothing is required except a slight change in the instruction given there. School-teachers will now have before them this new imperial rescript declaring that cordial intercourse with foreigners is not only desired by His Majesty, but will also conduce to the country’s reputation; and this instruction from the minister of education, telling them that anything like truculent or rude behavior toward foreigners will impair the nation’s prestige and injure its fair fame. We may reasonably hope that these wholesome rules of conduct will replace the morbid conception of patriotism hitherto entertained by misguided students, and that the youth of the nation will be taught to regard civilized courtesy as one of the most conclusive evidences of national worthiness.

[Inclosure 7.]

the vernacular press on the imperial rescript.

The leading vernacular newspapers refer in terms of strong satisfaction to the imperial rescript with reference to treaty revision and are equally outspoken in their approval of the correlated instructions of the minister president and of the minister of state for education. The Jiji Shimpo predicts that the whole nation will welcome the rescript and respond with alacrity to His Majesty’s behest. Passing on to the prime minister’s instruction, our contemporary seems to be specially pleased by the phrase that, while duly asserting the rights Japan has acquired, the responsibility devolves upon the Government, and the duty upon the people, of safeguarding the rights of foreigners also, and enabling them to live confidently and contentedly in Japan. That reciprocity of obligation can not be too strongly inculcated. It is of the instruction issued by the minister of state for education, however, that the Jiji speaks with the strongest approval. Our contemporary declares that the tendency shown by the student class to behave rudely toward foreigners is the outcome of a faulty educational system, and that the defect of the system is primarily due to the mistaken policy which schoolteachers have imbibed. The Jiji has repeatedly called attention to this lamentable state of affairs, but no visible effect has been produced by its writing. It now trusts that the desired reform will result from the imperial rescript and the instructions based upon it. Otherwise these wisely conceived messages will prove mere empty forms without any practical value.

The Nichi Nichi draws particular attention to the Emperor’s injunction that all must unite in associating cordially with foreigners, since by that means the character of the nation will be preserved and its prestige enhanced. In olden times the Chinese used to call Japan a country of gentlemen, and foreigners were wont [Page 473] to applaud the courteous manners of her people. But since the war of 1894–95 a spirit of arrogance has prevailed. Many foreign writers have descanted upon it. They do not find any fault with Japanese institutions, but they condemn the want of discipline in the schools and the rude behavior of the students, and they record instances of stones thrown or scurrilous epithets addressed to strangers. The result is that a nation which aims at taking rank with Occidental peoples is classed with the Chinese and the Koreans. Such a state of affairs would call urgently for remedy, even though the era of mixed residence were not about to be inaugurated. The fundamental policy of the Meiji era may be briefly summed up. It aimed, first, at unifying the administrative power, establishing constitutional institutions, and duly organizing all the departments of state; secondly, at exchanging the unequal treaties concluded with foreign powers for treaties of equality. These great purposes have now been accomplished and the country bathes in the blessings of civilization. It would be most unhappy if the good work were marred by a continuance of the abuses to which the minister of education refers.

The Kokumin Shimbun, after warmly applauding the sentiments expressed in the rescript and the ministerial instructions, comments on the extraordinary hallucination which prompts some Japanese to think that patriotism consists in treating foreigners rudely. It is true that the phantasy has disappeared in great part, but remnants of it are still active. There are school instructors who teach their pupils that to regard aliens as enemies is to be loyal to one’s own country. Some go so far as to allege, even in this era of constitutional liberty of conscience, that distinctions should be set up between alien and native forms of religion. A result of such doctrines is that among certain classes of people antiforeign rudeness comes to be regarded as a legitimate method of self-assertion, and instances occasionally occur of stones being thrown at foreigners or opprobrious language applied to them. The Sovereign’s plain declaration that acts of such a nature tend to lower the character and impair the reputation of the nation can not be too earnestly taken to heart by every unit of the people. Nor is it toward foreigners alone that the Japanese should be circumspect and polite. They should learn to treat each other also in a more considerate and courteous manner, and to eschew the unceremonious and ill-mannered conduct too often witnessed in railway trains and elsewhere. This revision of the treaties is one great forward step—an event which makes the era memorable. Every unit of the nation is concerned to see that the fruits of the change are duly gathered.

If the result of treaty revision, says the Shogyo Shimpo, is to make the people lose caste in the eyes of foreigners, so that the latter learn to despise them, it would have been better to have had no revision at all. Unless mutually kindly relations can be established with the foreign residents it will be impossible for them to live here and they will conclude that treaties on an equal footing ought never to have been conceded to the Japanese. Thus the end for which Japan has worked so diligently will be forfeited.

The Jimmin, after premising that the position Japan has happily won among the nations is due to the Emperor’s wisdom and virtues, and after repeating the fact that treaty revision has imposed new responsibilities upon the country, goes on to note that Japan is the first oriental power which has obtained admittance to the comity of Western nations on equal terms, and that it behooves her to set a worthy example to the other peoples of the East in her manner of enjoying her novel privilege, since the result may greatly influence the future progress of civilization. The reputation of the nation and the prestige of the empire depend upon the uses to which the country’s newly acquired rights are put.

We should, add that the Jiji Shimpo expresses a confident hope that, in the face of the Emperor’s rescript, the educational department will finally abandon the illiberal and discreditable antiforeign legislation which it recently asked the high educational council to indorse.

[Inclosure 8.]

war minister’s instruction concerning the revised treaties.

Under date of July 3, Gen. Viscount Katsura, minister of war, issued, according to the Japan Times, the following instruction concerning the operation of revised treaties:

“Since the day of His Majesty’s ascension to the throne his august mind has [Page 474] been in constant anxiety over the grave task of remodeling, on one hand, the laws and institutions of the realm, and on the other of revising treaties, that this nation may come to enjoy the status of equality vis-a-vis other countries. It was in the 4th year of Meiji (1871) that the Emperor for the first time commanded the ministers of state to attend to the affair of treaty revision. From that time onward repeated negotiations had been entered into on the question with different powers, while every loyal subject of His Majesty has kept on praying most earnestly for a successful consummation that the noble wish may be satisfied. At last the powers having agreed one after another to comply with the demand of the country, the work of the revision of treaties was satisfactorily completed, and the date of the operation of the new treaties leaves only a few days. In other words, the system of consular jurisdiction shall be abolished, while the customs tariff schedule has been amended in a way favorable to the national treasury; in short, the nation has been enabled to stand on equal footing with the civilized powers of the West, and to efficiently assert its prestige. All these are entirely attributable to the great virtues of the Emperor, and His Majesty’s loyal subjects, in enjoying this boon, must ever keep before their eyes the wish of the Emperor and must exercise utmost circumspection, so that nothing amiss may happen to mar the reaping in full all the benefit arising from the new system. This remark especially applies to the soldiers, who are the bulwark of the imperial court and pillars of state.

“The successful revision of treaties has placed the country on a footing equal with Western powers, but it must not be forgotten that at the same time grave responsibilities thereby devolve upon it. On the morrow of the operation of revised treaties foreigners will come and go as they like, will freely fix their abodes or pursue business in the interior, and in consequence the people will have far greater occasions than before of coming into contact with foreigners. Now, history, both Japanese and foreign, shows that international troubles have had their origin very frequently in the daily intercourse between the people of a land and aliens, consequently the people of this Empire, now that the system of mixed residence will be inaugurated, must act with discretion and magnanimity toward foreign neighbors, so that the reality of being a civilized power may be manifested in the eyes of foreign nations, and that any accident involving trouble with foreign countries may be efficiently guarded against. The reputation of our soldiers as sincere and loyal subjects of His Majesty, faithful in the discharge of the public duties, and, as the flower of the nation, imbued with the spirit of manly valor, is acknowledged alike at home and abroad. Suppose the soldiers crowned with such renown and praise be betrayed into committing indiscreet acts toward foreigners. The consequence will not only result in affecting the dignity of the troops, but may even invite ignominy upon the nation and involve the imperial court in difficulty. Bearing all these points in mind the troops must strictly he on their guard against all indiscreet actions.

“Troops in general are under discipline, and that ours are strictly so is a point I fully acknowledge. But it may not be amiss to issue a warning on the present occasion, for at the outset of the operation of the revised treaties noncommissioned officers and privates, carried by the ardor of their youthful spirit, and unable to keep it under control, may be betrayed into engendering troubles with foreigners, a contingency which must be strictly warned against, it affecting to no small extent the reputation of our soldiers. In view of this, commanders of troops and others who are officially responsible for maintaining military discipline must exhort troops under them to avoid all indiscreet actions, and must order them at this juncture to conform to military discipline with greater exactness than ever and to keep their ardor under judicious control, to the end that they may not be betrayed into behaving themselves in a vulgar and rude manner toward foreigners, that they may be made to enhance to greater prominence the reputation already enjoyed by them, and may faithfully respond to the august wish of His Majesty.

“All that has been stated above being duties naturally attaching to soldiers may not require any special explanation from me. The only reason why I have decided specially to call your attention to this matter is because the operation of the revised treaties demands utmost circumspection from all quarters. I hope that you will appreciate my solicitude and will endeavor to strictly obey the ideas set forth in the imperial rescript.”

Viscount Katsura, Minister of War.

[Page 475]
[Inclosure 9.]

the communications minister and the operation of revised treaties.

Under date of the 5th instant, Viscount Yoshikawa, minister of communications, has issued the following instruction:

“The consummation of the memorable work of the revision of treaties, taking its origin in the grand policy of progress and enlightenment ushered in by the restoration, is a realization which has been earnestly aspired after by the nation. The date assigned for the operation of the new treaties drawing near, His Majesty the Emperor has solemnly promulgated an imperial rescript on the subject. I indeed think that the number of foreigners visiting the interior will, after the advent of the new system, continue to increase. Now, the department of communications forming the organ of national and private communication and intercourse, and being in consequence placed in a position most closely in touch with the interest of the general public, its officers and officials are naturally expected to discharge their duties with dispatch and punctuality and to treat their clients with courtesy and patience. Such is the general principle by which all the authorities and employees of the department should be guided in their conduct toward the public, and in so doing it is needless to say that they should not allow themselves to be swayed by spirit or racial or national prejudice. The officials of the department should keep the above point ever in view, that they may satisfactorily fulfill their official trust. Especially in dealing with foreigners, whose languages and customs are different to ours, and with whom misunderstandings may arise, will it be important to exercise extreme circumspection in all affairs, from explaining to their satisfaction points in the treaties and laws down to observing little ways of obliging and exchanging courtesies with them, so that the smooth operation of the new system may, in conformity with the wish of the Emperor, be consummated.”

[Inclosure 10.]

the noshomusho and the operation of the revised treaties.

In view of the approaching operation of the revised treaties, the departments of education, of war, and of communications issued timely instructions, as already reproduced in these columns. No such special instructions have been issued by the department of agriculture and commerce, but a speech which Mr. Fujita, vice-minister of the department, recently made before the meeting of prefectural governors, would go far toward making up for this absence. The following points may be cited from the vice-minister’s speech: (1) Agriculture.—Japan, the vice-minister is reported to have stated, is at liberty to enact laws prohibiting or restraining foreigners engaging in agriculture, there being no clause in the treaties investing them with the right. Mr. Fujita, however, thinks that under the present circumstances an illiberal step is out of place. Hokkaido is under the jurisdiction of home office, but, so far as the Noshomusho is concerned, he thought the island might, without inconvenience, be opened to foreigners’ agricultural undertakings. (2) Fishery.—He was of opinion that no restriction whatever is necessary to foreigners undertaking the industry at present. (3) Forestry.—Transaction of forest produce and the lease of forests and plains may be granted to foreigners to the full extent permitted by the treaties and laws now in force. (4) No special treatment of foreigners is necessary in their practicing veterinary art and horseshoeing, there being a provision granting such license to those who graduated foreign schools on these special professions and trades. (5) The game law will be applied in its full force to foreigners, excepting Chinese, who, according to article 16 of the law, will not be allowed to engage in shooting or hunting beyond the treaty limits. (6) Foreigners are entitled to become shareholders of any company other than those in which the holding of shares by foreigners is prohibited by its by-law. The right of deciding the admission, or otherwise, of foreigners as shareholders of a company rests with the shareholders themselves, and no special provision shall be made for foreigners by the Government; but the Government is authorized, if necessary, to deny to foreigners eligibility to the board of directors. No company under the jurisdiction of the agricultural and commercial department, however, calls for such a restriction. (7) The Government has under consideration the question of eligibility of foreigners to the membership of a chamber of commerce or their right of nominating members, but the opinion of the department is in favor of extending the privilege to foreigners. (8) The provision in the exchange law [Page 476] reserving from foreigners the right of becoming brokers will not be altered, and in the case of an exchange organized on membership basis the provision to the same effect will be left unmodified. (9) No exclusion of foreigners is considered necessary in the law relating to guilds of exporters of staple products, except in a locality where such a course is essential in consideration of the local circumstances. (10) As to the system of weight and measure, no special provision is thought necessary to foreigners, except the yard system, concerning which the authorities are making investigations with a view to providing a special control.