Mr. Van Valkenburgh to Mr. Seward.
No. 54.]
Legation of the United States in
Japan, Yokohama,
May 29, 1868.
Sir: I incidentally learned now, two weeks ago,
that Japanese were being shipped as laborers, under contract to work on
plantations in the Hawaiian Islands. This contract is said to be for a
period of three years, at a fixed rate of wages. The vessel which was
taking these people on board being English, I informally called her
Majesty’s minister’s attention to this proceeding. Soon afterwards Sir
Harry Parkes sailed for Osaka, as stated in my No. 50, of the 25th
instant, and I heard nothing further on the subject than that this
British vessel, the Scioto, suddenly put to sea oh the 18th instant.
On the 27th (yesterday) I received a letter from the commissioners for
foreign affairs, Hizen Jijin and Higashi Kuze Jijio, copy of which I
herewith transmit, inclosure No. 1, informing me that those coolies had
actually sailed in the Scioto, and that the manager in this affair was a
Mr. Van Reed, an American citizen, and who appears to be acting at this
port as consul-general of the Hawaiian Islands with the consent of the
local authorities.
I transmit No. 2, copy of my reply, and No. 3, copy of a regulation
[Page 747]
I deemed it necessary to
establish, making the act approved February 19, 1862, prohibiting the
coolie trade in China, applicable in Japan. I inclose No. 4, copy of a
circular letter to the United States consuls in this country,
transmitting a copy of this regulation for their guidance.
The act is entitled, “An act to prohibit the coolie trade by American
citizens in American vessels,” and may be literally construed so as to
evade its provisions. Until otherwise directed, however, I shall, under
section 3 of the act, hold such special pleading inadmissible, and that
liability to the punishment prescribed is incurred by Americans as well
for shipping coolies in foreign as in American vessels.
This government entirely disapproves of the shipment of their people in
any other capacity than as voluntary emigrants; they will be able, no
doubt, to prevent similar shipments in future, and there is every reason
to hope, therefore, I am happy to say, that I shall have no infringement
to report of the regulation issued, of which I trust you will be pleased
to approve.
I am not provided with the Senate resolution of the 16th January, and
your circular of the 17th January, 1867, in relation to the coolie
traffic. I shall be greatly obliged to you for furnishing me with those
documents, and any other that may bear on the subject, and in the mean
time I shall endeavor to procure copies of the same from our consulate
general in Shanghai.
I have the honor to be, sir, very respectfully, your most obedient
servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Hizen Jijin to R. B. Van Valkenburgh.
Sir: We beg to inform you that Mr. Van
Reed, who is said to be consul-general for the Hawaiian Islands,
made known to us that he was engaged in sending out three hundred
and fifty of our countrymen to those islands to labor on
plantations, and it was required of us to give them passports for
that country.
One hundred and eighty of those people had, it seems, already been
granted such permits by the late government. Terasima Tozo replied
that, the treaty not yet having been concluded with Hawaii, we could
not give them the permits applied for; but if he, Mr. Van Reed,
insisted, we would grant them such permits, provided any one of the
ministers of the treaty powers would sanction the transaction.
Terasima was told by Mr. Van Reed that he would take it into
consideration. Since then Mr. Van Reed wrote us that the ministers
would have a meeting to confer on the subject.
On the 25th instant the ship on which our countrymen were bound
suddenly sailed from this harbor, without any information from Mr.
Van Reed of the decision taken at the conference by the ministers,
and in spite of the notice previously given to him by the
vice-governor, under our instructions, that we could not acknowledge
the permission given to the said one hundred and eighty men alleged
to have been given by the late government.
It seems to us to be improper that Mr. Van Reed has shipped at his
pleasure the men to whom permission had not been given and before
the matter had been settled, and we find from his actions that no
distinction exists between foreign and treaty powers. We, therefore,
sent him our vice-governor to ask his meaning, but instead of giving
a reasonable answer, Mr. Van Reed told him that we should give the
permission to the men to go to Hawaii or refund the money we had
expended for their engagement.
Now we can have nothing further to do with him, as he has been so
unreasonable in his discussion of this matter with, our officers,
and, therefore, understanding he is an American, we request you will
fully acquaint yourself with the foregoing, and after finding out
his motives inform us accordingly.
With respect and esteem, the 4th day of the 4th month, May,
1868,
HIZEN JIJIN.
His Excellency R. B. Van Vankenburgh,
Minister of America.
[Page 748]
Mr. Van Valkenburgh to their Excellencies Hizen Jijin, Higashi Kuze
Jijin.
Legation of the United States in
Japan, Yokohama,
May 26, 1868.
I have the honor to acknowledge the receipt of your excellencies’
letter of yesterday in relation to the shipment of Japanese to labor
on plantations in the Hawaiian Islands.
According to the law of the United States the shipment on board of
American vessels of Chinese to be held to labor is illegal, and an
offense punishable by the forfeiture of such vessel and of fine and
imprisoment of all those who have been engaged in such nefarious
traffic.
As soon as I learned that the Scioto had been chartered to transport
Japanese laborers to Hawaiian Islands, and that she was a British
vessel, I called the attention of the British minister to that
fact.
It now appears, from your letter under reply, that this vessel sailed
without a proper clearance from the custom-house, that the Japanese
on board had no proper passport, and that the manager in this affair
is Mr. Van Reed, an American citizen and resident at this port, who
has acted in this instance as the consul-general of the Hawaiian
kingdom.
With this action of Mr. Van Reed in that capacity I could no more
interfere than with the action of British ship-masters and other
subjects.
While I extremely regret the occurrence, and while I feel sure you
will prevent it being repeated, I can only say that, as soon as your
excellencies shall have determined what course you will adopt to
remedy the present difficulty, I shall be most happy to lend you my
influence and aid in procuring a satisfactory solution of the
same.
I transmit herewith copy of a decree I issued this day, and
immediately after your letter under reply had been translated.
I have the honor to be your obedient servant,
R. B. VAN VALKENBURGH, Minister Resident
in Japan.
Their Excellencies Hizen Jijin, Higashi Kuze Jijin, Commissioners for Foreign
Affairs, &c., &c., &c.
[Coat of arms of the United
States.]
Decree.
Legation of the United States in
Japan, Yokohama,
May 26, 1868.
In pursuance of the 4th section of the act of Congress giving certain
judicial powers, &c., approved June 22, 1850, I, Robert B. Van
Valkenburgh, minister resident of the United States in Japan, do
hereby decree the following regulation, which shall have the force
of law in the courts of the United States in Japan.
The act of Congress to prohibit the coolie trade, &c., approved
February 19, 1862, and which was framed with regard to China, is
hereby made applicable to Japan.
[seal.] R. B. VAN VALKENBURGH, Minister Resident of the United States in
Japan.
Mr. R. B. Van Valkenburgh to
J. Stahel, esq.
Legation of the United States in
Japan, Yokohama,
May 26, 1868.
Sir: I have the honor to transmit herewith,
for your information and observance, copy of a regulation
established by me this day, making the act of Congress, to prohibit
the coolie trade in China, equally applicable in Japan.
I am, sir, respectfully, your obedient servant,
R. B. VAN VALKENBURGH, Minister Resident
in Japan.
J. Stahel, Esq., United States Consul, Kanagawa.
