Mr. Hay to Mr.
Buck.
Department of State,
Washington, April 25,
1902.
No. 402.]
Sir: Referring to the Department’s No. 399, of
the 12th instant, I inclose herewith copies of further memoranda
exchanged between the British ambassador and the Department relative to
the reference to arbitration of the question of the Japanese
Government’s right to impose a house tax in respect to buildings which
are held under perpetual lease.
The Department desires it to be made clear to the Japanese Government
that the Government of the United States is of the opinion that the
scope of the reference should be such as to include and settle all
questions in controversy relative to the imposition of charges and taxes
of whatever style and character.
I am, etc.,
[Inclosure 1.]
Memorandum.
Lord Lansdowne has learned with much pleasure that Mr. Hay’s views
with regard to the scope of reference to arbitration of the question
of the Japanese Government’s right to impose house tax coincides
with his own, but his Lordship has received a telegram from the
British minister at Tokyo from which it appears that the Japanese
minister for foreign affairs has frequently informed him that the
United States Government have not protested, and are in agreement
with the Japanese Government respecting the interpretation of the
disputed clause of the treaty.
Lord Lansdowne trusts therefore that Mr. Hay may see his way to send
further instructions immediately to the American representative at
Tokyo requesting him to press for the wider scope of reference to
arbitration which is being urged by His British and German
colleagues.
[Inclosure 2.]
Memorandum.
The memorandum of the British ambassador dated April 19, 1902,
states, with reference to the matter of the arbitration of the
question of the Japanese right to impose a house tax with respect to
buildings which are held under perpetual lease, that the Marquis of
Lansdowne has received a telegram from the British minister at Tokyo
from which it appears that the Japanese minister for foreign affairs
has frequently informed him that the United States Government have
not protested and are in agreement with the Japanese Government
respecting the interpretation of the disputed clause of the treaty,
and expresses the hope that the American representative at Tokyo may
be instructed to press for the wider scope of reference to
arbitration which is being urged by his British and German
colleagues.
While the Government of the United States may not have actually
protested against the imposition of the house tax, its minister at
Tokyo was, as long ago as December 18, 1901, instructed that
American citizens should pay the taxes under protest, reserving all
legal rights.
Upon the assurance of the Japanese Government that the United States
Government and citizens should have the full benefit of the award,
whatever it may be, as though they were a party to the arbitration,
the Government of the United States expressed to the Japanese
Government its willingness to abide by the result of the proposed
arbitration.
As was stated in the memorandum of the Department of State of April
12, 1902, the minister of the United States at Tokyo was on the same
day instructed to make proper representations to the Japanese
Government in support of the view that the question in all its
bearings should be referred for final settlement by the proposed
arbitration.
[Page 712]
It is not seen wherein these instructions can be augmented. The
minister has, however, this day been instructed to make it clear to
the Japanese Government that in the opinion or the Government of the
United States the scope of the reference should be such as to
include and settle all questions in controversy relative to the
imposition of charges and taxes of whatever style and character.
Department of State,
Washington, April 25,
1902.
