File No. 895.00/513.
The American Ambassador
to the Secretary of State.
[Extract.]
American Embassy,
Tokyo, October 4,
1910.
No. 1235.]Sir: With reference to your telegram of
September 18, received on the following day, I have the honor to advise
that on the 20th ultimo, by my No. 491, I sent a communication to the
minister for foreign affairs relating to certain phases of the
annexation of Korea. This communication adhered quite closely to your
instruction, and perhaps a knowledge of the real wording will be best
understood from an exact copy, and this I have the honor to inclose. You
will notice that the concluding clause is a suggestion not appearing in
your instruction, but which seemed to me to be highly desirable. In case
the Japanese Government will accede to this, I should advise the trial
of all American citizens at Seoul, no matter where the alleged offense
may have been committed. No reply has yet been received, but I was
assured by the vice minister on the 24th ultimo that the subject was
under consideration.
I have, etc.,
[Inclosure.]
The American
Ambassador to the Minister for
Foreign Affairs.
American Embassy,
Tokyo, September 20,
1910.
No. 491.]Excellency: I beg to advise you that I have
received a communication from my Government touching one phase of
the treaty of annexation between the
[Page 322]
Government of Japan and the Government of
Korea, signed on August 22 last, and of the declaration bearing the
same date. The Department of State, while recognizing with pleasure
the great value of the many reforms already put into effect by Japan
in Korea, can not be unmindful of the fact that citizens of the
United States have and in the future will have many varied
commercial and other interests in that country, and that, therefore,
any proposed action which affects their rights and liberties must be
considered as important.
Since the present local conditions in Korea are not known to my
Government, I feel free to direct your excellency’s attention to
certain lines of inquiry:
- First. Kindly advise me to what extent a modern judiciary
system has been put into actual operation throughout the
country and under what procedure or codes of law American
citizens will be tried or their property interests be
determined in the event that the present system of consular
jurisdiction should be suspended.
- Second. In the first clause of the declaration above
referred to it is stated that foreigners resident in Korea
will enjoy the same rights and immunities as in Japan proper
“so far as conditions permit.” In case the codes of law of
Japan shall be applied in the territory of Korea, as seems
likely, may I not inquire what material modifications may be
contemplated by the words above quoted.
- Third. The department is quite without information as to
the condition of Korea prisons and is anxious to know what
early provision the Japanese Government will make for
confinement of American citizens in a suitable and modern
prison or place of detention in the case of any such who may
be under arrest or who have been condemned to undergo
sentence of imprisonment.
- Fourth. My Government will also be glad to be advised
concerning the existing foreign settlements and the real
property now held by foreign subjects under the law
promulgated October 31, 1906.
- Fifth. In case any other measures of general importance
are contemplated by the Japanese Government to insure
adequate protection for foreign interests in Korea, I shall
learn of them with great interest.
Both your excellency and I are well aware that a number of missionary
societies maintain representatives in Korea, and it is believed that
their activities in the past have resulted in genuine good to the
people. Bearing in mind the tolerance and even encouragement
extended to these missionaries under the residency general, I hope I
am safe in assuming that in the future like encouragment for the
advancement of Christian educational and other commendable
enterprises will be the policy of your Government.
The Department of State is of the opinion that it is desirable that
consular jurisdiction be continued for the present and until such
time as the former Korean judicial system is completely replaced
under Japanese rule by laws and courts which are in actual
operation, substantially conforming to those which now exist in
Japan proper. It is expected in any event that the trial of American
citizens under Japanese laws shall take place only in such courts as
the Imperial Government will agree to maintain at a high standard of
efficiency. I have in mind such courts only as shall be established
in large centers of population, thus affording to a person under
arrest the opportunity to employ counsel and to have consular advice
and assistance.
Accept, excellency, etc.,
