The Secretary of State to the Chargé in Japan (Neville)

No. 865

Sir: It has been suggested that there be incorporated in the proposed consular convention between the United States and Japan, which was the subject of the Department’s instruction No. 677 of January 28, [Page 1067] 1935, a provision which would permit of the visit at any time by consular officers to their nationals accused of a criminal offense, who may be under arrest or confinement.

In this connection a search of the Department’s files has revealed that the Legation at Tokyo reported in its despatch No. 240 of January 16, 1899,46 that Mr. Buck, the American Minister, handed a memorandum to the Japanese Minister for Foreign Affairs in which it was pointed out that since Japanese subjects in the United States are accorded certain privileges of counsel while in confinement, the according of like privileges to American citizens in Japan would be received with gratification. The Legation’s despatch No. 245 of January 23, 1899,46 reported that the British Legation in Tokyo had made similar representation to the Japanese Government.

A search of the archives of the Department reveals no record of the receipt of any further communications in regard to this subject. It is therefore requested that a search be made of the archives of the Embassy in order to determine whether or not a reply to the memorandum under reference was received by the Legation. It is requested that copies of any documents relating to this subject, other than those referred to above, which may be found, be furnished to the Department.

Very truly yours,

For the Secretary of State:
William Phillips
  1. See Department of State Despatches, Japan, vol. 72.
  2. See Department of State Despatches, Japan, vol. 72.