File No. 124.0665/21
The Ambassador in Japan (Guthrie) to the Secretary of State
No. 219]
Tokyo,
February 23, 1915.
[Received March 18.]
Sir: With reference to the Department’s
telegram of November 25 last,1 concerning the establishment of uniform
regulations for the transference of correspondence of American
diplomatic and consular officers in belligerent territories, I have
the honor to transmit herewith a copy of a note
verbale received from the Foreign Office in response to
this Embassy’s representations.
I have [etc.]
[Enclosure]
The Japanese Foreign
Office to the American
Embassy
Note Verbale
In reply to the note verbale of the
American Embassy in Tokyo under date November 27, 1914, relative
to the transmission of the official correspondence of American
diplomatic and consular officers, the Imperial Department of
Foreign Affairs has the honor to make the following
statement:
The Imperial Government, although they are at present in state of
war, are treating the mail matter referred to in the
above-mentioned note verbale of the
American Embassy in Japanese territory in absolutely the same
manner as in time of peace, and do not, therefore, deem it
necessary at this juncture to conclude a special agreement on
the subject; but if the United States Government still desire to
conclude such an agreement, they will have no objection to the
acceptance of the American proposals, subject to the following conditions:
- 1.
- That any mail matter which is deemed to contain
prohibited matter or other matter which has been sent
contrary to regulations will, whether the proposed
agreement is concluded or not and whoever may be the
sender or recipient of such mail matter, be dealt with
according to the provisions of Article 16 of the
Imperial postal law and Article 16 of the international
postal convention concluded at Rome;
- 2.
- That it is understood that the localities which are
occupied, blockaded, or invested by Imperial forces and
those localities in Japanese territory where law on the
state of siege (Kaigen Rei) is in force shall not come
within the scope of the proposed agreement;
- 3.
- That the United States Government formally recognize
the fact that consular officers, as such, having no
claim to the above-mentioned exemption, the concession
is merely a friendly act, that the same Government
engage by a written guarantee for the strict observance
of the rule that no private correspondence shall be sent
under official seal or cover by United States diplomatic
or consular officers, and that consuls de carrière alone should have the
privilege.
Tokyo
,
February 17, 1915.
