No. 257.
Mr. De Long to Mr. Fish.
Yokohama, Japan, April 21, 1873. (Received May 23.)
Sir: I have the honor to advise you that, some twenty days since, I received a private note from Señor Garcia y Garcia, the Peruvian minister, requesting me to call upon him at his legation in Yedo, which I did. Upon my arrival he informed me that he had concluded his statement of the case of the Maria Luz on behalf of his government, and that he wished to read it to me and hear my views before he sent it in.
This he proceeded to do, and I found it to be a most able and comprehensive document, concluding, however, with a demand for indemnity on behalf of the owners of the bark and that a salute should be fired to the Peruvian flag. In reply to the minister’s inquiries as to what I thought of it, I replied that I thought his argument exceedingly able and exhaustive, and also agreed that his claim for indemnity was a logical sequence, but that I could not understand why he should demand a salute to be fired.
He replied that he felt called upon to demand something in behalf of his government as reparation for the outrage of the seizure of the vessel.
I replied that upon his arrival he and his whole legation had been most cordially received by this government; in fact, specially honored by being made for a number of days its guests by being quartered in the palace buildings; that, at the very first official interview he had held with the minister for foreign affairs, that officer had hastened to assure him, in the name of his government, that in seizing the Maria Luz land releasing the coolies the Japanese authorities had not been animated by any ill-feeling towards Peru or by any desire to wound the honor of that nation, but had been actuated solely by a desire to relieve suffering humanity—people of a neighboring treaty-power, who, claiming to have been kidnapped, were bound in slavery, and asked to be restored to freedom.
That, in my opinion, such a courtly reception and such a voluntary assurance should be considered entirely sufficient upon the point of honor. That to press for further concessions, and especially such as the one named, was to at once acknowledge on his part that he had not received satisfaction; and if the Japanese were to refuse to accord the salute, it would result in his being compelled to resort to war or submit to an affront. That the best friend of Peru could not conscientiously advise the Japanese to go further or do more than had already been done to appease ill-feeling; and, therefore, that I would strongly advise him to reframe his case so as to set forth that, the Japanese government having so cordially welcomed the Peruvian legation, and having so promptly disclaimed all intention of giving offense, this was accepted as a sufficient satisfaction by his government to itself, and he therefore contented himself by asking a pecuniary indemnity to be accorded to the private owners of the bark. The minister very readily acknowledged the correctness of my views, and remodeled his case accordingly; or, at least, he so informed me he would do.
I soon afterward called upon Mr. Mjeno Kagenori, second assistant minister for foreign affairs, (and now in charge of the department,) and advised him of what had transpired between the Peruvian minister and myself, substantially. I then asked him (as I had been requested by Senor Garcia to do) within what time the reply might be expected. In [Page 585] reply he advised me that he had received private instructions from Mr. Soyeshima prior to his departure to delay a reply until he returned from China.
I expressed my regret at this, stating that now, as the thing was situated, the best of humor prevailing, and the case of the Maria Luz being reduced to a simple demand for dollars and cents, it would be easy to at once adjust it by referring it to some arbitrator if a disagreement was the result of the negotiations, and then by giving Peru a treaty similar in all respects to those existing between Japan and other powers, the whole difficulty would be at once ended in a manner perfectly satisfactory to both, and the two countries be united in amicable relations. Mr. Mjeno replied that Mr. Soyeshima had also expressed himself as opposed to entering into any more new treaties giving extraterritorial rights.
I replied that I feared that if Japan should decline to enter into treaty relations with Peru upon as favorable conditions as she had with other powers, that it would be attributed to ill-feeling, and be pregnant with future difficulties; that I would strongly advise the offer of a treaty similar to the others, to be revisable when the others were to be revised, and if at that time Japan could free herself from the extraterritorial provisions with other powers she could do so with Peru and if not, it was certainly quite immaterial, as there were no Peruvian residents in Japan, and probably never would be any; that in fact it must be desirable to this government to have its treaty relations with all foreign states as nearly similar as possible.
Mr. Mjeno, in reply, acknowledged that he fully agreed with me, and promised to at once write Mr. Soyeshima, fully explaining all that had been done, and what I had advised, and asking his permission for him to at once proceed and conclude this business. This he did, and at the same time I addressed a private note to General Le Gendre asking him to state my arguments to Mr. Soyeshima.
Both Mr. Mjeno and Señor Garcia have since conferred with me as to whom I would suggest as an arbitrator, provided they could not agree. I replied that it would be very easy for them to agree upon some prominent officer of some power not specially interested in the question.
Mr. Mjeno mentioned his view as being in favor of a reference to the diplomatic corps resident here. I replied that for one I would not under any circumstances have anything to do with it, as my opinions were fixed, and I did not see how the British minister could well do so; that if they could agree upon some other member of the corps it would be very proper.
An answer from Mr. Soyeshima, by telegraph, is now daily expected, he being now at Tien-Tsin.
Trusting to your kind approval, I have, &c.,