No. 268.
Mr. De Long to Mr.
Fish
No. 238.]
United States Legation, Yokohama, Japan, September 4, 1871. (Received October
16.)
Sir: I am, as yet, quite unable to furnish you with
the full information promised in my dispatch No. 233 by the last mail, in
regard to the great changes going on in the administration of the affairs of
this empire. I will roughly sketch, for your information, some of the most
important that have occurred within my knowledge, and give you my surmises
as to their intended effect, but I beg you not to place too much reliance on
the deductions that I may draw, as all here is still confusion, and such
information as I have received relative to the political bearing of these
events has been hastily gleaned and needs some further verification.
On the 31st of August last I received a note from Mr. Sawa, former minister
for foreign affairs, advising me of his removal from that position,
(inclosure No. 1,) to which I at once replied, (inclosure No. 2.)
On the same day I received a note from Mr. Ewackura, advising me of his
appointment to that position, (inclosure No. 3,) to which I also at once
replied in a friendly and cordial spirit, (inclosure No. 4.)
I beg to assure you that I felt deeply all I said in both of my replies, as
my relations with both of these gentlemen have ever been, since the date of
our first acquaintance, most cordial both officially and personally.
On the 1st instant I received from the minister for foreign affairs a note
advising me of the abolishment of the Hans throughout the empire. (Inclosure
No. 5.) Hans means what we call prince or daimio.
On yesterday, at the foreign office, where I met the ministers Ewackura and
Serashunia, I urged my inquiries about this matter, and learned that by a
decree all daimios had been removed from office, and directed in the ninth
Japanese month (two months from now) to assemble in Yeddo, and thereafter to
constantly reside in that city, they to be
[Page 598]
allowed ten per cent. of their former revenues as a
means of support, but to be allowed no commands or any rank or office except
to rank generally as noblemen; to be eligible to office under the central
government, but not otherwise than by selection by the central government to
have any official position; their Damiates or provinces to be directly under
the administration of the central government, which would for the present
retain the former local officials under the daimios in their respective
positions, but subject to such changes as the central government might see
proper from time to time to make. I inquired if any resistance to this
decree was feared or expected, and I was given to understand that, on the
contrary, many of the larger daimios had solicited the issuance of the
decree.
To you this will doubtless seem exceedingly strange, as it seemed to me, but
my own conclusions are these: That these daimios have, for a long time past,
been more nominal than actual rulers of their provinces, the real control of
which has been vested in a local legislature, presided over by a kiro or
dai-san-gu, who, reaching his position by merit and not from birth, has
gradually assumed more and more power, until, as a class, these kiros are
more properly the head of the respective clans than their lord the prince
has been; that the daimios, thus finding themselves as a class being
gradually supplanted in actual power, while they had entailed upon them the
expense and responsibility of the position of actual lord, are happy to
escape all responsibility, and the expenses of their sham sovereignty, and
retire to a position of ease and no responsibility, when they will perhaps
have, from the one-tenth of their former revenue devoted entirely to their
individual use, more money to thus expend than they formerly had when
receiving their full revenues.
This reasoning finds some support in the fact that some six or seven of these
kiros have been called to fill high offices in the central government and
elsewhere retained in their former positions. Some of these kiros, for the
first time in the history of this reign, have been appointed chief ministers
of their respective departments; as, for instance, Okubo is chief minister
of finance; Goto, of public works; while Okuma (saigo of Satsuma’s clan) and
numerous others are created sanji, or counselors of His Majesty.
The outlook of this whole affair to me is that it has been resolved to in
fact do away with hereditary rights of office below His Majesty himself.
Thus to push one side the koongays, or old court nobility, daimios and all
others who have no other claim to title or office except by birthright, and
at the same time dispense with innumerable useless offices, leaving these
same koongays and daimios eligible to office, and assigning them to such
positions as their characters and talents warrant them to be capable of in
the opinion of His Majesty; to thus centralize the government by practically
extinguishing clanship, and placing all under one supreme head. This plan is
one that is certainly wise and desirable, and if it can be executed without
bloodshed or trouble, will advance this nation in a day, as it were, to a
position that it has taken some nations years to accomplish, and which some
have never reached.
That I wish this government success in its efforts to work this reform I need
not assure you, or that I will lend it every kindly aid by counsel or
otherwise. Another thing of interest to foreigners is observable in the
changes that have taken place, especially in the acceptance by Mr. Ewackura
of the office of minister for foreign affairs.
Originally, when the Mikado’s government assumed control, swayed
[Page 599]
as it then was by the strongest
kind of anti-foreign sentiments, the department of foreign affairs was
seemingly made as low and unimportant as possible, to even make it appear to
the native mind to be in fact no department of the government at all. To
this end the office was located near the foreign concession, in Yedo, in a
miserable building, in what they consider the fishermen’s quarters of the
city, while all the other departments had their offices in or adjacent to
the palace.
Gentlemen of first merit and talent in the government sought other posts, but
appeared to scorn this; in fact it is said that it was looked upon more as a
mark of royal neglect or contempt than one of favor or preferment to be
appointed to any position in the foreign department.
The daily increasing importance of the foreign relations of Japan with the
lapse of time has revolutionized this idea, until I believe the Japanese
court have learned to look upon this department in its true light, as being
in fact the one of the very greatest in point of honor and difficulty of any
that they have to fill. This is evidenced by Mr. Ewackura’s acceptance of a
post to-day that one short twelve months ago I believe he would have
regarded as most demeaning for him to accept.
I have long believed, and still believe, him to be one of the very foremost
men of this government, both in point of ability and power. He has held, and
I believe he still holds, the rank and position of chief dainegon, that is,
first counselor of His Majesty, next to the prime minister, Sanjo
Daijen.
That I have had some little share in producing this last-mentioned result, I
am happy to have some reason for believing.
During last month, annoyed and perplexed by having a stream of claims poured
in upon me for adjustment, matters properly for courts, and meeting in one
case what I considered to be unconscionable delay in the Foreign Office, I
addressed an appeal to the dainegons (inclosure No. 6) asking for the
necessary reform of having courts established here in which my countrymen
could sue and obtain relief, without thus constantly burdening me with their
unusual and improper business. During the course of my interview with Mr.
Ewackura on yesterday, he informed me that my appeal had caused the
counselors of His Majesty to seriously deliberate for several successive
days over the suggestions I had made, and fairly intimated, although he did
not say so, that this document had assisted in causing the government to
properly estimate its department of foreign affairs.
If I had imagined that my appeal would have met with such distinguished
consideration, I should have prepared it much more carefully.
His excellency Mr. Ewackura, in view of my departure for Hakodada, day after
tomorrow, has sent me word that he wished a confidential interview with me
to-morrow, and for that purpose will visit me at Yokohama. If, from that
conversation, any new light should be shed, I will write you a hurried
statement that evening before sailing.
I have, &c., &c.,
Inclosures.
No. 1.—Note from Mr. Sawa advising me of his resignation.
No. 2.—My reply thereto.
No. 3.—Note from Mr. Ewackura advising me of his appointment. No. 4.—My
reply thereto.
No. 5.—Note from the ministers for foreign affairs advising me of the
abolishment of the hans.
No. 6.—My appeal to the board of dainegons.
[Page 600]
No. 1.
[Translation.]
His excellency Jusaumi Sawa Nohuyoshi
to Mr. De Long
Tokie,7th month, 14th day, 4th year Miji.
Your Excellency: I have the honor to advise you
that I have been removed from the office of guiamssshio, (minister for
foreign affairs,) and Mr. Ewackura has been appointed in my place as my
successor in that office. I beg to tender you my most sincere thanks for
your courteous and friendly consideration for me hitherto, while I
occupied that position.
I have, &c., &c.,
No. 2.
Mr. De Long to his excellency Sawa Nobuyoshi
No. 30.]
United States Legation, Yokohama, Japan,
September 1, 1871.
Your Excellency: Your note of yesterday,
advising me of your having vacated your former position of minister of
foreign affairs, I have just received.
It gives me great pain to know that our official relations, so long and
so pleasantly maintained, are terminated. I trust that in your
retirement you will do me the honor to consider me as still being a
warm, sincere, and personal friend, who will at any time be only too
happy to serve you at your command.
I feel sure that all of my colleagues join me in the belief that no
monarch ever had a more honest or faithful officer than His Majesty the
Tenno had in the person of yourself.
I remain, &c., &c.,
No. 3.
Translation.
His excellency Junie Ewackura
Tamochika to Mr. De
Long
Tokie, 7th month, 14th
day, 4th year
Miji.
Your Excellency: I have the honor to advise you
that I have recently been appointed to the office of guamssshio, (chief
minister for foreign affairs.)
It is my great desire that hereafter you will establish with myself the
very intimate and exceedingly kind relations that you have formerly held
with my predecessor.
I have, &c., &c.,
JUNIE EWACKURA TOMOCHIKA.
No. 4.
Mr. De Long to Mr. Ewackura Tomochika
No. 31.]
United States Legation,
Yokohama, Japan,
September 1, 1871.
Your Excellency: Your note advising me of your
appointment to the office of chief minister for foreign affairs of this
empire has been received.
I sincerely believe that the department, of which you are now the chief,
is the most important one in your government. Through it all the
business of your government with foreign powers should be conducted;
consequently, in its keeping is confided the great duties of conducting
affairs with nations, that Japan may be kept at peace with all the
world, and enjoy the honor and respect of every nation.
In the discharge of your high and honorable duties, it will be my
greatest pleasure at all times to render you every possible assistance;
and I sincerely hope that you will honor me by calling upon me for such
assistance, whenever you feel that I can serve you. My Government has no
higher or other desire than to maintain her present cordial
[Page 601]
relations with your own, and
to see Japan advance constantly in dignity and power. Thus, when I can
in any way assist your government I will be carrying out the wishes of
my own.
Our personal acquaintance, so pleasantly commenced, I sincerely hope may
continue to grow more intimate and cordial as time passes.
Receive, my dear sir, the assurance of my highest respect and
consideration.
No. 5.
[Translation.]
Ministers of Foreign Affairs to
Mr. De Long
Tokei, the 16th, 7th month, 4th year
Miji.
Your Excellency: We have the honor to hastily
bring to your knowledge the fact that, while the local government of
Japan was hitherto divided into three classes, viz, Fu, Han, and Ken,
that the title of Han is now entirely abolished and changed into that of
Ken, for the future convenience of this nation.
With respect and consideration.
SERASHUNIA MUNVENORI, His Imperial Majesty’s
Ministers for Foreign Affairs.
No. 6.
Mr. De Long to the board of Dainegons
No. 22.]
Legation of the United States of
America. [August 31,
1871.]
Your Excellencies: The undersigned, envoy
extraordinary and minister plenipotentiary of the United States of
America in Japan, in accordance with the privileges allowed by the laws
of your empire, begs leave to address, in a most respectful manner, to
your high and honorable body this appeal from the action and conclusions
of the minister for foreign affairs of your empire, in a certain matter
of business that he has had occasion officially to place before them.
The undersigned begs leave to assure your excellencies that, in
addressing this appeal to you, he does so in no spirit of complaint or
fault-finding with their excellencies, the ministers for foreign
affairs, or with any of them, with all of whom the undersigned has ever
sustained, and trusts always be able to sustain, the most cordial and
friendly relations. Neither is the undersigned moved to take this appeal
by any sense of the importance or necessity for haste that there is
attending to the settlement of the special matter upon which this appeal
is founded, but the undersigned thinks that the present system pursued by your government, in its
management of affairs of this nature, is grievously faulty; and with a
view of being able to convince you that reforms are needed, and of
showing you in what manner the reforms desired might be worked, this
appeal is taken.
The undersigned begs leave, therefore, to premise by advising your
excellencies of certain rules and principles that obtain in American and
European countries, in meteing out justice and settling disputes between
people, whether native or alien, and the reason why such rules are
followed.
One of the first objects of all law is to mete out justice; another
object is to make justice pursue quickly on the heels of wrong; for
justice delayed often fails to properly indemnify the injured party,
especially in business transactions; therefore, when a system is found
to be so faulty that a wrong-doer may, for a long time, by tricks and
artifices avoid doing justice, it should be so remodeled as to permit
the officers of the law, whose duty it is to see justice done, to
prevent such unreasonable delays. The next object of the law is, in all
cases, to ascertain the truth. To do this, in judicial investigations,
it has for a long time been admitted by the jurists and statesmen of all
civilized countries that witnesses, men called upon to declare the truth
about transactions within their knowledge, should be subject in their
examinations relative to such matters to examination and
cross-examination, by and in the presence of both the parties to the
controversy. In this way the conscience and knowledge of the witness is
best sifted, so that the judicial eye can the clearest see the truth.
Another object our law has in view, in the adoption of rules for the
government of trials, is that thus all claimants and defendants are
treated alike, and none may complain of the
course that is pursued with all.
To that end, when one person wishes to commence in our courts a civil
action for the
[Page 602]
enforcement of
a claim for money or damages against another, our law compels him to
file a written statement of his grievances, stating concisely who his
claims are against, and upon what grounds he asks for his relief. The
court then issues a writ called a summons, notifying the party
complained of (called by us the defendant) of the complaint made against
him, and of the relief or judgment that is asked, and notifies him to
appear within some certain specified time, (usually regulated by the
distance where he is when he is summoned from where the court sits
before which he is to appear.) and file with the court his written
reply, if he has any to make, to the complaint filed against him. If he
fails to obey this summons, in some cases our courts, without further
investigation, decree the complainant the relief he seeks; or the court
may, notwithstanding the defendant offers no defense, call upon the
complainant to prove his case before awarding him a judgment.
If the defendant in reply to the summons admits the truth of the
complainant’s statement, judgment is at once rendered against him. If,
however, he answer, denying in whole or in part the complaint of the
complainant, the court causes at once a copy of his reply to be given to
the complainant, so that he may know which of his statements stand
contradicted, and may, therefore, correctly judge what he will be called
upon to prove. Thus he is saved the necessity of going to the expense of
procuring witnesses to prove uncontroverted assertions. Then the cause
is set for trial at a certain place on a certain time, and both parties
are notified to be there present with their witnesses. At that time the
examination proceeds in the presence of the court, which first hears the
witnesses for the complainant and then those for the defendant, and
finally any additional evidence that may be proper.
When a party who produces a witness has concluded his examination of him,
the other party is allowed to question him, and thus in the presence of
the court a witness is often detected in telling an untruth, the
sagacity of the court being aided and reenforced by the knowledge of the
opposite party who is interrogating the witness. After such examination
the court renders judgment by the light of the law, to which all must
cheerfully submit. This course, to which all foreigners are accustomed,
is not followed by either your local governors or ministers, to whom
consuls and representatives are compelled to address the demands of
their countrymen for examination and determination. No known rules in
regard to the time within which cases will be tried and decided, or
rules of evidence by which causes are determined, are published and made
known so as to be understood by foreign officers, who are, therefore,
compelled constantly to grope in the dark in transacting business of
this nature with your government.
Your courts examine by themselves, unknown to us, the defendant and his
witnesses; we do not even know what is in dispute or what is necessary
or unnecessary for us to prove. While foreign officers are thus
situated, in attempting to obtain legal redress for their countrymen
against Japanese subjects, all foreign powers having treaties with Japan
hold courts constantly open, governed by published and proclaimed rules
and laws, that may be known to all, and Japanese claimants are kept
constantly advised as to what time trials will be held, what they will
be required to prove, and are allowed to be present to hear what the
witnesses may have to say who testify against them and to ask of such
witnesses all proper questions. In this way foreign tribunals mete out
justice to Japanese subjects by the same rules that it is administered
to the citizens or subjects of their own or other states. This system
brings content and satisfaction to all classes, but, above all, it
inspires the masses with respect for and confidence in the laws, and
thus secures the ruler in his place by inspiring obedience. When,
therefore, I present a claim or demand on behalf of any of my people at
the Foreign Office, I should, I think, be given to understand within
what time the officers, han, or individual complained against would be
compelled to answer my complaints. When the answer is filed, I should,
without delay, be furnished with a copy of it, and the cause set down
for hearing at some certain time, within which the attendance of the
necessary witnesses can be procured, and a trial follow, participated in
by both parties, with all of the witnesses present. I can best
illustrate the grievances of which I complain by stating the facts of
the case upon which this appeal is based:
On the 28th day of May last, I presented to the minister of foreign
affairs a claim of Messrs. Walsh, Hall & Co., American citizens,
against the Uki han for some twenty-three thousand dollars, the value of
a certain quantity of rice sold and delivered by them to that han under
contract bearing the seal of the han. From time to time I inquired what
had been done or was being done about this matter, and was answered that
the governor of Kanagawa was investigating the case, under the direction
of the Foreign Office; that his report might soon be expected, and then
I would be fully advised, and thus the matter continued. I did not know,
nor could I find out, what investigation was being made; whether our
claim was disputed or admitted, and, if disputed, what grounds of
defense were assigned; neither do I know at present. I was informed that
it was alleged that the seal of the han had been stolen and used by a
discharged officer. I urged upon the minister that we could prove that
the han had
[Page 603]
received our rice,
and hence we ought to be allowed our money for it, regardless of whether
the seal of the. han was properly placed on the paper or not; hence,
that I did not think it proper that our claim should be delayed pending
an investigation which was being made, not to determine whether our
claim was just or not, but to determine whether a certain man ought to
be punished or not. I waited patiently until yesterday, when their
excellencies informed me that the report of the governor had been
received, but it was not satisfactory, and a further investigation had
to be made.
When I inquired how long it would be before I could find out about this
matter I was advised that no reply could be promised for thirty days. I
then felt, and still feel, that such delays amount to a denial of
justice. An investigation is pending that I am not allowed to
participate in, or know anything about, and which is to decide a right
of my countrymen.
One of the main witnesses on my behalf has been imprisoned by your
authorities, and has died in prison; thus we are deprived of his
evidence.
I have now no more assurance as to when I may expect judgment, or what
kind of judgment I may expect, than I had three months ago; whereas, in
the meantime, one of the officers, and the main one who conducted this
business with Walsh, Hall & Co., is daily in our sight; even the
other day was engaged in attempting to negotiate a large loan of money
at one of the foreign banks in Yokohama, apparently having plenty of
money, his full liberty, and fairly laughing to scorn all attempts to
make him do justice.
This condition of affairs leads to immeasurable evils. Foreigners, in
dealing with Japanese, are led thereby to charge them unreasonable
prices for moneys loaned, or goods sold on credit, because they
calculate the difficulties and delays in obtaining justice, and they
increase their charges proportionally. They make secret and unreasonable
contracts with Japanese, seeking to avoid and conceal their transactions
from their own and the Japanese authorities, because of their fear of
them, and their want of confidence in them.
Troubles are increased on every hand, not alone to the foreign, but to
the Japanese authorities, and all because foreigners, not understanding
your methods of settling disputes, are afraid to trust to your
tribunals. Evil-minded persons spread about reports to the effect that
subordinate officers in the departments, if paid money, will expedite or
retard the collection of claims; hence some of them resort to attempts
to bribe your officers, and if, in the conduct of their business, your
officers decide against them, instead of being contented with their
decisions, they are discontented and troublesome; they imagine thaty our
officers have been corrupted, and so, constantly, false and infectious
impressions are allowed to gain ground, to the injury of the good name
of His Majesty’s government abroad.
The injustice of allowing this condition of things longer to continue
will be manifest to your excellencies when you read that clause in your
treaty with the United States which reads as follows: “The consular
court shall be open to Japanese creditors, to enable them to recover
their just claims against American citizens, and the Japanese courts
shall in like manner be open to American citizens for the recovery of
their just claims against Japanese.” This clause of the treaty the
American Government has fully and constantly carried out, whereas the
Japanese government has wholly failed to do so.
I am aware that your government has taken steps to do so, and to that end
has sent to my Government for men learned in the law to assist in this
work but, pending the arrival of those people, and until such courts are
established, the reforms that I suggest should be adopted. My Government
does not desire that its representatives here should have anything to do
with claims such as are ordinarily tried and determined in courts. It is
business that in other lands, ministers have no connection with. Their
duties are higher, and are confined to the management of diplomatic
affairs exclusively, while here, seven-tenths of the business I have to
do, and that is done by your minister for foreign affairs, is the
settlement of claims and demands of a purely private nature. It is
exceedingly unfitting that officers charged with the high and
responsible duties of managing the diplomatic affairs of state, should
be expected to daily try causes, and differ and dispute about mere
private demands.
I have consented to, and followed this course, so far, to accommodate
your government for the present, and until you have the time and the
assistance necessary to enable you to open regular courts, where my
countrymen may bring actions, try the same, and obtain civil redress in
the usual manner. This labor, that I do gratuitously, that is so
unpleasant in its nature, should be made by you as easy as possible;
this is a simple act of justice, that I feel that I have a right to ask
for and expect.
Observe, if you please, the great difference that exists between your
system and that of my Government, and its different results. My people
purchase of yours annually nearly the whole tea crop of Japan, amounting
to millions of pounds; also large quantities of silk, cabinet-ware,
bronze, &c.; and yet your people are rarely ever defrauded of their
dues. The reason why this is so is because our judicial system is such
that justice outsteps fraud, and evil-doers are deterred from attempting
to do wrong by
[Page 604]
the knowledge
that they cannot escape with their ill-gotten gains. Thus you will
observe that it is the certainty of punishment
and the speedy retribution of our law that
prevents wrongs.
Were the consular courts of the United States to be closed but for one
month against Japanese creditors, and this fact become generally known
among my people, I am of the opinion that evil-disposed men would
defraud your people out of millions of dollars’ worth of property. Hence
you will observe that if I should allow myself to be governed by
passion, or a desire to retaliate against you, for the non-fulfillment
by you of that clause of your treaty above quoted, the greater loss by
far would be with you, for your people sell more property to mine than
they purchase from them. Such a thought as this has never entered for
one moment into my mind, and has only been referred to here to show you
what a disastrous result would follow such a course should I adopt it.
When a Japanese creditor wishes to bring an action against an American
creditor, he finds our consular courts always open and ready to receive
his complaints. As soon as it is filed in the court, the party
complained against is summoned to answer the demand; as soon as his
answer is filed, the Japanese plaintiff is advised of its nature, and
can have a copy of it, if he desires; if the defendant admits that he
owes the money, a judgment is at once entered against him, and his
property is at once seized to satisfy the judgment. If he denies the
demands, a day is set for the trial of the action; the plaintiff at once
advised, and invited to be present with his witnesses. He knows from the
answer of the defendant just which portion of his assertions in his
complaints are denied, and which are admitted; he, therefore, knows that
he will only be expected to prove those in dispute, and he is saved the
necessity of bringing numerous witnesses. At the trial he hears what the
defendant’s witnesses say, and has the privilege of asking them
questions; thus truth is elicited, and justice done. May I not with
propriety ask of your high and honorable body the adoption of some such
rules governing the conduct of this kind of business in your Foreign
Office? I ask it with all due respect to your excellencies, ministers
for foreign affairs, whose labors in the dispatch of this kind of
business are most severe and continuous. I willingly accord to them all
praise for their uniform courtesy, integrity, and assiduity, but the
system they are compelled to follow, while it materially increases their
labors, as well as my own, subjects them, as well as myself, to constant
complaints made by people pressing for a settlement of their claims.
I have, &c., &c.,
