File No. 895.00/539.

[Untitled]

No. 1296.]

Sir: I have the honor to inclose herewith a copy of my note (No. 525) to the minister for foreign affairs, dated the 2d instant, on the subject of the transfer to the proper courts at Seoul of criminal proceedings against American citizens in Chosen; also a copy of the note (No. 6) in reply, dated the 6th instant. These notes, in conjunction with my telegram of yesterday1 will put the Department in possession of the manner in which the matter has been disposed of. I venture to hope that my action will have the approval of the Department.

I have, etc.,

T. J. O’Brien.
[Inclosure 1.]

The American Ambassador to the Minister for Foreign Affairs.

No. 525.]

Excellency: Referring to your excellency’s note of November 29 last, on the subject of the procedure in Chosen in cases in which American citizens are concerned, being a reply to my note to you on the same subject, dated October 14 preceding.

Within the last few days I have discussed informally with you the subject matter of this correspondence, and only yesterday had a conversation with Mr. Ishii, vice minister. In your note in question, you told me that on the 28th of November the governor general of Chosen issued a decree, which reads as follows:

The governor general of Chosen, whenever he deems it specially necessary, may order that criminal cases coming within the competence of one district or local court shall be dealt with by another court of the same grade.

This decree falls short of what was suggested in my note of October 14, above referred to, and some change or modification has been discussed by us. As a result, I understand that while the Imperial Government prefers to leave the decree in question undisturbed and unchanged, you are nevertheless willing formally to say in waiting that in any case where an American citizen is charged with a criminal offense in any part of Chosen, the procedure against him shall, on his request to the court or magistrate before whom the same is pending, be transferred for further proceedings or trial to the proper court at Seoul having jurisdiction of the subject matter of the charge.

In view of the fact that the decree was made by the governor general, no doubt you will wish that he join in the foregoing. The matter will thus become one of record not only in your excellency’s department in Tokyo, but also in the archives of the Government General at Seoul. In this way the arrangement, while limited in its application, will still be of as high an authority as the decree and other regulations made by the Government General in that territory.

Upon receiving your excellency’s reply, conforming to my understanding, as outlined above, I shall be glad to make known to my Government its character, and shall also advise that it be considered acceptable.

I avail, etc.,

T. J. O’Brien.
[Inclosure 2.]

The Minister of Foreign Affairs to the American Ambassador.

No. 6.]

Mr. Ambassador: I have the honor to acknowledge receipt of your excellency’s note of the 2d instant, on the subject of the transfer to the proper courts at [Page 333] Seoul of criminal proceedings which may be instituted against American citizens in Chosen.

I have duly referred to the governor general of Chosen your excellency’s suggestion contained in the note under acknowledgment, and the Imperial Government are entirely prepared to give the desired assurance, having in view the existing state of things in the new territory, that in any case where an American citizen is charged with a criminal offense in any part of Chosen the governor general, in the exercise of the authority provided for in the decree of November 28, 1910, will order, at the request of the accused, that the procedure against the latter be transferred to the proper court at Seoul having jurisdiction of the subject matter of the charge. It is confidently hoped that the foregoing assurance will be found satisfactory by the American Government, as well as by your excellency.

I avail, etc.,

Count Komura.
  1. Not printed.