File 895.00/486.
The Acting Secretary of State to the American Ambassador.
While recognizing the value of the reforms in Korea made by Japan, the Department nevertheless desires more specific information regarding them.
- First, as to the nature of the judicial system now in operation in Korea, and under what codes of law American defendants will be tried in case consular jurisdiction be discontinued.
- Second, as to whether or not the application of Japanese codes is implied in rule 1 of the declaration accompanying the new treaty, and, if so, what material modifications are contemplated by the reservation “so far as conditions permit.”
- Third, as to the condition of Korean prisons, and what Japan purposes doing with Americans under arrest or condemned to imprisonment in localities not having sanitary prisons.
- Fourth, as to what disposition will be made of existing foreign settlements and real property held by foreigners under the law promulgated by the Korean Government October 31, 1906.
- Fifth, as to what Japan further purposes doing to secure adequate protection of foreign interests.
The Department assumes that no change is contemplated in the policy of encouraging American mission schools and other commendable activities in Korea, but the missionary societies would doubtless be glad of assurance to that effect.
It is clearly desirable that consular jurisdiction be continued until the old Korean system shall have been completely replaced, under Japanese supervision, by actually operating laws and courts in substantial conformity to those of Japan itself; or that the trial of American citizens under Japanese laws be limited to such tribunals as the supreme court, the court of appeals, and the eight local courts, which the Japanese Government will presumably engage to maintain at a high standard of efficiency.