Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part III
Mr. Pruyn to Mr. Seward
Sir: I have the honor to inform you that the American steamer Monitor, on the 19th July, entered one of the ports of the Prince of Choshu, on the western coast of the province of Nagato, and was fired at by one of his batteries.
The letter of the United States consul at Nagasaki and the protest of the officers of the steamer sufficiently set forth the facts.
I received the copies of the letters while at Yedo, and immediately had a conference with governors for foreign affairs sent to me for that purpose by the ministers. The original letters in the overland mail despatched by the governor of Nagasaki did not reach me till the evening before my departure from Yedo, The Japanese governors very properly asked me to wait till they had received letters from the governor of Nagasaki, before entering further into the consideration of the subject, engaging, however, to make a speedy and satisfactory settlement of the matter.
I made no claim, nor do I feel disposed to make any in favor of the owners of the vessel, one of whom was on board at the time.
While I have no reason to distrust the truth of the declarations that they were destitute of coal, and that they were obliged to go into the harbor, I cannot forget that while here in 1863 the same vessel entered a port in the territories of Satsuma; and it would be unwise to encourage owners of vessels brought to this country for sale to enter the ports of hostile Daimios, or any ports not open to trade.
I have the honor to be, sir, very respectfully, your most obedient servant,
Hon. William H. Seward, Secretary of State, Washington.
[Untitled]
In two interviews which I have had with the governors for foreign affairs, Takemoto Hayato-no-kami and Takemoto Kai-no-kami, my attention has been called to the Japanese version of that portion of my letter presenting the demands my government has instructed me to make on the government of his Majesty the Tycoon, which relates to the destruction by fire of the legation buildings at Yedo.
I have the honor to say that the translation as explained by these governors is entirely inaccurate; and I now reiterate the views of the President, in order to remove any unpleasantness which may have been occasioned by such mistake. The President does not impute to the Japanese government any complicity in that destruction at the time of its occurrence, or any knowledge that it was to be effected; but he does believe that the same hostile feelings which occasioned the destruction of the British legation at Groten Yama, the murder of the guards at the British legation at Tosenji, and which in June, according to the declaration of the government of his Majesty the Tycoon, prompted the assemblage of Lronins at Yedo for the purpose of attacking the American minister at his temporary residence, effected the destruction of the legation buildings, a week before the latter conspiracy, and he thinks that this should have been foreseen and prevented by the government.
Your excellencies will perceive that such a conclusion, while not unreasonable in itself, does no injustice and imputes no wrong to the Japanese government.
But, while the Japanese government is not censured for these acts, it is proper that it should indemnify the government of the United States for a loss sustained, while its minister was reposing on the fidelity and vigilance of Japanese guards. And whether the fire was occasioned by the guilt of one or more of the guards conniving with the hostile party, as was the case at Tosenji, or by their want of vigilance, the claim is equally just. Nor is it less just if the views of the government be correct and the fire took place accidentally.
Your excellencies will bear in mind that the American minister had no foreign guards. The fire originated in one of the guards’ houses or in the kitchen adjoining it, which of the two the undersigned does not know; nor is it material, as none of his private Japanese servants were there at the time. If the fire was accidental it arose on the premises, and the Japanese government should make good the loss sustained by the acts or earlessness of its own agents.
The undersigned makes these remarks in the sincere hope that the government of his Majesty the Tycoon will see their way clear to pay at once the indemnity asked, as it can do so with perfect honor.
If your excellencies will cause the same governors to have another interview with me I hope we can arrive at an amicable settlement. It would be a shame if this could not be done by two nations, both of whom must be desirous of acting justly. The United States will never ask of Japan what it would not be prepared to grant under similar circumstances.
With respect and esteem,
Their Excellencies the Ministers for Foreign Affairs, &c., &c., &c., Yedo.
[Untitled].
We received your letter No. 54, dated the 24th May, and understand all you stated in relation to the fire at Drenf-Kujee.
As your excellency, according to your letter, wishes to confer in a friendly manner with Takemoto Hayato-no-kami and Takemoto Kai-no-kami on this subject, we would send them to you, but in your letter it is mentioned that it is uncertain whether the fire originated in the guard-house or in the kitchen adjoining it.
Through Ogasawara Setti-no-kami we already gave you full information on the subject, and you have also well understood that the fire originated in the kitchen; and while informing your government of the faithful manner in which the officers on duty acquitted themselves, you stated, nevertheless, that you wanted to know all the circumstances fully. We held a strict investigation and informed you of the result in writing. Wherefore we believed that you fully understood it all. Afterwards you stated, however, that you had a communication to make to us. Wherefore we sent Hayato-no-kami and Kai-no-kami to you, who on several occasions conferred with you on the subject, and it cannot now be admitted by us what you stated, as the place where the fire originated is not known with certainty. It is desirable, therefore, that you will take this into consideration in connexion with your former impression.
Which we have to state in reply, with respect and esteem.
His Excellency Robert H. Pruyn, Minister Resident of the United States of America, &c., &c., &c.
[Untitled]
I have to acknowledge the receipt of your excellencies’ letter of the 7th day of the 5th month, and to say, in reply, that it is entirely unsatisfactory, and that I regard it as a final rejection of the claims I have been instructed to make by order of the President, both for the burning of the legation and the outrages at this place on American citizens.
I have only now to notify the government of his Majesty the Tycoon that the government of the United States have a right to demand of the Japanese government, and will demand, the payment of all expenses to which it will now be subjected in enforcing these demands by reason of such refusal.
With respect and esteem,
Their Excellencies the Ministers for Foreign Affairs, &c., &c., &c., Yedo.
[Untitled]
I had the honor by last mail to receive a letter from the honorable William H. Seward, Secretary of State of the United States, in which he made known to me the approval of the President of the United States of the manner in [Page 520] which I had carried out his instructions in presenting the demands on the government of his Majesty the Tycoon.
While approving of the manner in which I had presented these claims to your excellencies, in my letter No. 136, of the 21st December, 1863, the Secretary of State says that the President hopes, and indeed confidently expects, that these claims have already been complied with by the Japanese government.
In proportion to the confidence with which such amicable settlement was relied on will now be the sorrow with which the President will learn that your excellencies are so little inclined to reciprocate his friendly feelings as to have rejected, without even a word of regret or excuse, my suggestions for further conferences, through which I confidently hoped and believed an amicable understanding would result.
I will at least have the satisfaction of knowing that the relations of the two countries have not been disturbed by my unwillingness to consider patiently and calmly the questions at issue, nor by my failure to show all the forbearance towards the government of his Majesty the Tycoon, in the difficult position it now occupies, which is consistent with my duty to my government in maintaining its treaty rights.
With respect and esteem,
Their Excellencies the Ministers for Foreign Affairs, &c., &c., &c., Yedo.
[Untitled]
Sir: I beg to inform you that this morning six or seven Japanese entered my dwelling house and attacked me while dressing. They robbed me of my watch and jewelry about my person, and carried me down into the swamps behind my house, with the intention, as I thought, of killing me, but I was rescued by the presence of Mr. Allmand and Captain Walsh, together with several of the English guards stationed at the new consulate. Thinking myself no longer safe, I have abandoned the house to the Japanese government.
Yours faithfully,
Geo. S. Fisher, Esq., United States Consul.
[Untitled]
Be it remembered, that on the day and date above mentioned personally came before me the undersigned, S. Robertson, who, being duly sworn, on his oath deposes and says, that on the morning of the 6th instant, between the hours of 9 and 10 o’clock, six or seven Japanese men, headed by a merchant named San-oriah, entered in and upon his premises, and into his dwelling-house, and then and there, while he was dressing, by force of arms, seized, took and carried the said Robertson out of his house, and violently, forcibly, and against his will and consent, abducted and carried him away, and were proceeding with him, by the back way of his lot, towards what is called the swamp or low ground, in the rear of the foreign settlement, as he believes, to drown or kill him; that while doing this, his arms were pinioned and bruised, and he was [Page 521] violently choked by the said abductors, and at the same time one man walked behind him, holding over his head a double-headed barbed hook, such as the Japanese police use in catching thieves and other felons. And affiant further says that he knows no cause for any such proceeding, and that no authority whatever existed for, or could be or was pretended to be shown, for such highhanded outrage upon his person.
Affiant further states, that when near to the British consulate and new jail buildings his cries attracted the British guard there stationed, when Sergeant Simeon Lawrence and two privates, of her Britannic Majesty’s 61st foot, Lieutenant Price commanding, cams to his relief and rescue. About the same time, also, Mr. John Allmand, an American citizen, and Captain Walsh, also an American citizen, arrived and assisted him, the said Japanese escaping and running away.
Affiant further swears, that on his return to his house he found his watch and chain, worth seventy-five ($75) dollars, his sleeve buttons, worth seven ($7) to ten ($10) dollars, and seven ($7) dollars in Mexicans, taken from his pockets and person. Also, that all his household servants, being frightened, had left and gone to parts unknown, and not one of whom has yet returned.
Affiant further says, that the only cause of difference that could exist between the said leader, San-o-riah, and himself was, so far as he is aware, in relation to a small mercantile balance of, perhaps, thirty ($30) to forty ($40) dollars on a running account, unadjusted and unsettled, and which, when settled and agreed upon, he was ready on demand to pay.
Affiant further swears, that no demand was made upon him for any sum of money whatever, and that this gross and unwarrantable violence, assault, and abduction were an outrage upon his person and rights, sacredly guaranteed to him, under and by virtue of the existing treaties between the United States of America and Japan.
S. ROBERTSON.
Subscribed and sworn to as above stated.
[Untitled]
On this day and year above written, before me, the undersigned, her Britannic Majesty’s consul for Kanagawa, Japan, personally came Sergeant Simeon Lawrence, of her Majesty’s 67th regiment, who being by me duly sworn, on his oath deposes and says, that on the morning of the 6th instant he heard cries and shouts of a man, and going out from the station, the British new consular buildings and jail, he saw a crowd of he thinks near a dozen Japanese around a foreigner, who was found to be an American citizen, Mr. S. Robertson; that said Japanese were forcibly taking and carrying him away; that with two men he proceeded and rescued Mr. Robertson; that when he did so, Mr. Robertson’s shirt was torn and hanging down around his legs, and he had no coat, vest, or hat on, and one of the Japanese had holding over him an iron hook, or hatchet-like instrument; that a part of the Japanese ran away, but no arrests were made, as Mr. Robertson knew the men, and said he would make complaint, and have an officer make the necessary arrests through the American consul.
SIMEON LAWRENCE.
Subscribed and sworn to before me, the day and year above written.
[Untitled]
On this day and year above written personally appeared before me John Allmand, an American citizen, who, having duly sworn on his oath, deposes and says that on the 6th instant, between the hours of nine and ten o’clock a. m., hearing the cries of a man in distress, he immediately ran out of his house, No. 93, and in the rear could just see a man being carried away by several Japanese; that he followed to render such relief as possible, and was accompanied by Captain Walsh, late of the American bark Rover; and that as soon as he had reached the street he saw it was Mr. S. Robertson, and that just then three men of her Britannic Majesty’s 67th regiment had reached Mr. Robertson; also Mr. Corns, of Aspenall, Corus & Co., he believes; and altogether they rescued Mr. Robertson; that Mr. Robertson appeared greatly distressed, and had only his shirt and pantaloons on, the former garment all torn and dangling round his legs; also that he had no hat on, and appeared badly frightened, and said he believed he was going to be killed. Affiant further swears that they let the Japanese go, those that did not run away, as he and Mr. Robertson knew the leaders, and they saw a large crowd gathering near, undoubtedly intending to reattack Mr. Robertson or to rescue such of the abductors as we might attempt to secure. Affiant also believed them too poorly armed to resist an attack from the Japanese in such force as seemed to be gathering. Affiant farther swears that about 4½ p. m. the same day, on the main street of Yokohama, and within five minutes after meeting, the United States consul related this fact to him, viz: that the leader, San-o-riah, he, this affiant, had just met on the street, notwithstanding, as he heard from the consul, that the governor had said the said San-o-riah was in custody and should be retained until a fair hearing of Mr. Robertson could be had; that this affiant could not be mistaken in his identity. Mr. Allmand further swears that within the past three days he has twice met the same man on the public street in Yokohama unattended by any officer or person whatever on either of said occasions.
JNO. ALLMAND, Jr.
Subscribed and sworn to before me on the 21st day of May, A. D. 1863.
GEO. S. FISHER, United States Consul.
Richard B. Smith also swears that he has seen and recognized the said San-o-riah on the public streets in said Yokohama, unattended by any person or officer, since the above affair, on three several occasions.
R. B. SMITH.
Subscribed and sworn to before me on the 21st day of May, 1863.
[Untitled]
On this day and year above written personally appeared before me the undersigned, Raphael Schoyer, who being by me duly sworn, on his oath doth depose and say that on the morning of the 6th instant, between the hours of seven and eight o’clock, a large party of Japanese coolies, carpenters, and other laboring men, numbering not less than one hundred to one hundred and [Page 523] twenty-five men, came to and surrounded his house, and entered his yard and halls, filling the same, and in a riotous, loud, and violent manner demanded of him the payment of eleven hundred (1,100) itzibus, immediately threatening his person and property unless their demand was complied with; that they claimed said sum for work and labor done, and materials furnished, for buildings then in the course of construction by this affiant; that this affiant then and there remonstrated with and warned the leaders that they were doing wrong; that by his agreement he owed them nothing; that they then consulted and reduced their claim to three hundred (300) itzibus; that this affiant still declined payment, but said to them “There is my money,” pointing to his safe, “and if you mean to rob me take the money; you are the strongest—I am weak;” that the said leaders then insisted on the payment of the said last sum, and this affiant, under their threats and to save the life of his wife, self, and property, then paid the said three hundred (300) itzibus as demanded. That this affiant believes, had he not have complied with this demand, his wife and son in the adjoining room, as well as himself and his house and property, would have been in the greatest peril, if not totally destroyed.
Affiant further swears that he was in truth and in fact not indebted to these men; that he paid his laborers and carpenters every night, and that the whole attack was unprovoked by him and without any real cause whatever, and an outrage upon his person, his property, and his sacred rights as a citizen of the United States, by virtue of the treaty between the United States of America and Japan.
R. SCHOYER.
Subscribed and sworn to as above stated.
[Untitled]
On this day and year above written personally appeared before me, the under signed, John O. P. Stearns, who, being first duly sworn, deposes and says, that on the morning of the 5th instant, between the hours of 7 and 8 o’clock, a large number of Japanese coolies and laborers, numbering from 125 to 150, came into his enclosure and compound, and, with threats of violence and destruction, and loud and unusual noises, expressed their intention to tear down the garden fences and house; that immediately his household servants came to and awakened him with the above intelligence, and to leave, or he would be killed; that he then hurriedly arose, and taking his double-barrelled fowling-piece proceeded to the door of his house and warned them to leave; that at once they set up loud shouts of derision and threats, and with brandished poles and clubs refused to leave; that this affiant then went out to reason with or drive them away, holding in his left hand his gun, not offering or intending to use the same except in self-defence; that on approaching the ringleader, a man to whom he was indebted in a balance of $110 for work and labor done, and whom he had never refused to pay, his gun was knocked out of his hand, he himself was knocked down by a violent blow on the head, and then and there kicked, bruised, and trampled upon, and would, in all human probability, and he believes, have been immediately killed but for the intervention and faithfulness of his domestics, who at once flew to his rescue, and who, by united and powerful efforts, succeeded in rescuing him and getting him into his house again, seriously but not dangerously wounded.
Affiant further says, that, by the warning and threats then made, his servants left his house and employ, and have not since returned, and he believes dare not [Page 524] return; and further, that it is dangerous for him to remain in his said house alone, and that he cannot do so without his said servants; and that this gross and unprovoked assault and violence upon him was without just cause, and an outrage upon his person and property under and by virtue of treaty and other rights existing between the United States of America and Japan.
JOHN O. P. STEARNS.
Subscribed and sworn to as above stated.
[Untitled]
Sir: Your excellency has already been informed of the circumstances and facts concerning the late brutal attack upon my person by a number of Japanese subjects, headed by a merchant named San-o-riah.
I now avail myself of this opportunity to acquaint your excellency that the said merchant is still within the settlement, and yesterday I met him in the streets of the foreign quarter.
The Japanese authorities, apparently, have taken no cognizance of the matter, which may induce the man to make a similar attempt, which might compel me to resort to such measures, in self-defence, as would be serious, and which I would wish to avoid. I am confirmed in this belief, as I have been informed by an English gentleman that he met this San-o-riah near the gate of my residence, and he (San-o-riah) told him that he was there for the purpose of waylaying me. This fact can be substantiated by the deposition of this English gentleman.
If this outrage is allowed to pass unnoticed by the Japanese authorities, it appears to me that other Japanese may be tempted to make similar attacks upon foreigners resident at this port.
This communication is respectfully submitted for your excellency’s consideration.
Your obedient and humble servant,
Hon. Robert H. Pruyn, United States Minister Resident in Japan.
[Untitled]
We recently replied to your letter, No. 136, of December 21, and as we then stated, in regard to the matters relating to Yokohama, referred to in that reply, we instructed the governors of Kanagawa to make a full statement on the subject.
As for the time at which the governors came to the custom-house, and the absence during the disturbance which took place at Yokohama, this was for necessary reasons, and your excellency has not well understood this; hence your mistake in our opinion, as you omitted fully to ascertain this.
And as for Robertson and the two other persons, the governors know fully well all that relates thereto, and we have learned it from them from the beginning to end. Taking into consideration all that your excellency and the governors have said on that subject, it is suspected that there must be some difference in the manner of representing between the governors and the consul.
We have, therefore, again instructed the governors to come to an understanding on the facts, and request your excellency to cause the consul again to confer with them on the subject. In this manner the circumstances of these matters [Page 525] will become clear and evident, and your doubt will be removed. And for the purpose of further consideration we transmit herewith abstract of the statement made to us by the governors.
With respect and esteem.
His Excellency Robert H. Pruyn, Minister Resident of the United States of America, &c., &c., &c.
(This letter, with enclosure, was received on the 15th of February, 1864.)
[Untitled]
Abstract from a letter of the governors of Kanagawa.
We have read the translation of the letter of the American minister relating to Kanagawa matters.
The governors of Kanagawa usually come to the custom-house at 10 o’clock; but when Asano Ega-no kami was governor he had no colleagues, being the only governor here, and he had personally to examine civil and criminal cases, passing sentence, &c., at his official residence, which delayed his appearance at the custom-house until after 12 o’clock.
The minister has not taken into consideration the circumstances under which the disturbance in Yokohama arose and public feeling was tranquillized, wherefore it is unnecessary for us to write again on that subject.
Having fully examined ail that relates to two Americans, Robertson and Stearns, and another foreigner called Scoyer, (but there is no foreigner of the name of Scoyer, though there is, we heard, an American merchant of some such name,) we now state as follows:
Upon receiving the statement of the American consul that some persons had violently demanded the payment of a debt of the American merchant, Robertson; had forcibly carried him off, beaten him, and robbed him of his watch, the jewelry about his person, clothes, dollars, and other things, we made inquiry, and found that Naorke, a servant of Suihatshiro, living in Momatshi, Fifth street, Yokohama, had sold to Robertson, in the eighth month of last year, (October, 1862,) bocurio (article of food) and sea-weed, receiving two hundred dollars from him on account. When Naorke afterwards applied for the balance due, Robertson wanted to buy potatoes and shark fins, upon delivery of which he would pay up on both accounts. Naorke delivered the merchandise desired, but received only one hundred dollars. After repeated applications for the balance, Robertson paid one hundred dollars in the first month of this year, (February, 1863;) but there remained a balance of something over $422 50, and though repeatedly applied to for the balance, yet Robertson did not pay.
During the third month of the year (April, 1863) the disturbance arose in Yokohama, and the owners of the goods, who had delivered them to Naorke on trust, strongly urged him to pay them; but he could not satisfy them, and was compelled on the ninth day of the month to take them with him to Robertson, who did not pay his debt. But Robertson became angry, was very uncivil to them, and, moreover, kicked Naorke down. Naorke, however, caught the foot of Robertson and upset him. Robertson got up and threatened to take a pistol from his bed, at which moment Naorke, with the owners, took hold of Robertson. As in front the houses of the foreign merchants line the streets, they took him out through the rear of his house into the street, Otamatshi, leading to the custom-house. When back of the house of the American merchant, Wartman, [Page 526] (Allmand,) Robertson cried out loud, and Allmand came out at once, and with the request that Robertson be delivered up to him, they complied, and went home.
The foregoing was stated to us by Naorke and the owners of the goods, and we have again examined them and asked if they had beaten Robertson, and stolen his watch, jewelry, and dollars, upon which they replied they had committed no such crime, but that no doubt Robertson would like to fasten crime upon them, and they hoped that we would advise Robertson to pay the debt due them.
Asano Ega-no-kami then said to the consul that Robertson should at all events pay his debt, and he would then suitably punish Naorke and the owners of the goods according to our laws, expecting from the consul that he would properly punish Robertson for what he had done. Afterwards, at the interview on the 19th of the fourth month between Ega-no-kami and the minister and consul, they insisted that Robertson had not kicked Naorke down, and they would write to their government about the punishment of Naorke if not punished to their entire satisfaction. But it is impossible, on application of the minister, to alter our criminal laws, which was fully stated.
The letter of the consul was answered with the same statement as that made at the conference, and since our reply, dated the 23d day of the ninth month, nothing further has been said on the same subject.
According to the statement of the American consul, Japanese coolies have violently claimed the payment of a debt from Stearns, an American merchant, beaten him, and broken his musket; but from strict investigation it appears that Sakitshi, a coolie master, living in the village of Tshikawamura, had fulfilled his contract for levelling the lot of Stearns in the rear of the house, for which work $150 was to be paid, he having received forty dollars in advanee.
The contract was fulfilled, and the balance due him claimed, but under various pretexts no satisfaction was given. During the third month the town was in confusion, and public feeling much unsettled, and the coolies clamored for their wages, and on the 13th day of that month he was compelled to go with them to Stearns’s house and claim the payment of the debt. But Stearns became angry, and levelled his musket with intent to shoot them, and, as a matter of course, Sakitshi took the musket from him and broke it. At that moment the servant and the groom of Stearns intervened, desired them to be quiet, declaring that they would see to the debt of Stearns being paid in full. Sakitshi trusted in that declaration, and withdrew with his coolies. On the same day Osano Ega-no-kami looked into the matter; but it was only on the 19th day that the American consul proposed that the broken musket should be paid for, to which Asano replied that it could not be paid according to the laws, and this Sakitshi could not be punished according to law unless Stearns first paid the balance of $110 due from him. The consul agreed to this, promising to pay that amount on the 20th day.
Afterwards, at the interview with the said consul on the 29th day of the fourth month, Asano asked about the payment, and why it had not yet been made; but though the consul had before assured that he would cause Stearns to pay that debt, he then covered the matter, because Stearns had said that, in view of the breaking of the musket, it was difficult to pay that money. He then returned to his residence, and we heard nothing further on the subject.
That at the house of Schoyer, an American merchant, many Japanese had collected to violently claim money due from him, and had taken three hundred itsibus from him, was made known to us by the said consul. Wherefore, investigating this, we came to the result as follows:
Tatrogoro, a builder, residing in the first street of Otamatshi, in the ninth month of last year, agreed to build the house of Schoyer on condition that wages were to be paid daily, and there was no contract in writing. Owing to [Page 527] Tatrogoro being confined to his house by illness since the spring, and being much worse during the third month, the wages due accumulated to 137½ rios, (550 itsibus.) The men got no money, Tatrogoro’s illness preventing him from asking for it. The town then being in confusion, all the men claimed their wages. From and under such pressure he came with all the workmen to Schoyer’s house, claimed the money, and received 75 rios, (300 itsibus,) thinking to receive the balance at some other time.
We suspected that many of these workmen coming to Schoyer might have made free to help themselves to money, and carefully investigating this, he said that no such thing was done; but Schoyer, fearing the crowd, gave him part of the sum due, and did so in view of the many assembled, though no violent language was used.
Our officers communicated the foregoing to the consul, but we heard nothing further on the subject. All these matters shall be taken up separately when he will bring them before us; and we are awaiting your further instructions. In the letter received from you it is mentioned that one of the guilty persons has been sentenced to take charge of the sewerage of this town, but this is not so.