Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1879
No. 298.
Mr. Bingham to Mr. Evarts.
Tokio, Japan , July 26, 1879. (Received September 1.)
Sir: Since writing my No. 918, in relation to the presence of Asiatic cholera in Hiogo and Osaka, and the quarantine established by this government in the Bay of Yedo to prevent the incoming, for the time being, of infected vessels or vessels arriving from said infected ports, I am in receipt of the revised quarantine regulations adopted on the 21st instant for all the open ports of Japan, a copy of which, together with copies of Mr. Terashima’s letter of transmittal, of my reply thereto, and also copies in duplicate of my notification to our citizens and the officers of our vessels, and a copy of my letter to our consul-general, I have the honor to inclose herewith.
Being advised of the rapid spread of this malignant disease in the interior of Japan, and of the very great mortality occasioned by it in the ports of Hiogo and Osaka within the last thirty days, it was to my mind the duty of His Imperial Japanese Majesty’s Government to establish a quarantine as it has done, and thereby prevent, if possible, the transmission of the contagion into other ports of the empire. To observe and enforce these needful and just measures of quarantine also seemed to me to be the duty of our government, as indicated by my general instructions, our treaty obligations, and especially by your instruction to me No. 404, dated the 6th of December, 1878.
I also inclose for your information a copy of the published notification of the minister of Great Britain for the enforcement of the revised quarantine regulations as qualified by him. It is difficult to see in this notification of the British minister any recognition of the right of the Japanese Government to establish and maintain a quarantine other than that which the British minister and consuls may from time to time deem “necessary or expedient.”
I have issued an instruction to each of our several consuls corresponding with that which I addressed to the consul-general, a copy of which is herewith as above stated.
None of the other European powers represented at this court have, so far as I can learn, given public notice of any purpose to observe, in whole or in part, the quarantine regulations of this government. It remains to be seen how long the governments of the western powers will countenance the monstrous pretension that they may each and all lawfully deny to this government the inalienable right of self-preservation.
I have, &c.,
Mr. Terashina Munenori to Mr. Bingham.
The 21st the 7th month, the 12th year Meiji .
Sir: I have the honor to inform your excellency that the quarantine regulations, which I had the honor to forward on the 15th instant, having since undergone revision, an amended edition of the same has been this day promulgated by the imperial government, an English translation of which I beg herewith to inclose, and I have respectfully to request that, in accordance with the method of proceeding in such matters hitherto found convenient, your excellency will take the necessary steps to secure the observance of these regulations by your nationals in all open ports.
I avail myself, &c.,
His Imperial Japanese Majesty’s Minister for Foreign Affairs.
His Excellency John A. Bingham,
&c., &c., &c.,
Mr. Bingham to Mr. Terashima Munenori.
Tokei , July 22, 1879.
Sir: I have the honor to acknowledge the receipt of your excellency’s two communications numbered 18 and 19, respectively, and dated the 21st instant, in the former of which you inclosed copies of the quarantine regulations, and in the latter of which you acknowledge and answer satisfactorily my letter of the 17th instant.
I beg leave further to acquaint your excellency that, in compliance with the request made in your No. 18, I have this day issued a notification to citizens of the United States of America to conform to and observe the provisions of the revised regulations, a copy of which notification, together with a copy of the revised quarantine regulations, will appear in the Japan Daily Mail of to-morrow.
I avail myself, &c.,
His Excellency Terashima Munenori,
&c., &c., &c.
Tokei , July 22, 1879.
The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America in Japan, gives notice that the annexed revised quarantine regulations, adopted and promulgated as applicable to the several open ports of Japan until further ordered by His Imperial Japanese Majesty’s Government, are to be observed and conformed to by the commanders and officers of all naval and merchant vessels of the United States of America which are now or may hereafter be in Japanese waters.
And the undersigned gives further notice that all citizens of the United States of America who shall violate the provisions of said regulations may be held to answer therefor in the appropriate United States consular court in Japan.
Quarantine regulations established by His Imperial Japanese Majesty’s Government, 14th July, 1879.
(Revised 21st July, 1879.)
Article. I. The Government of Japan having declared a quarantine for the purpose of preventing the spread of cholera the following regulations are hereby declared applicable to the open ports, and the same shall be observed and enforced until further notification.
[Page 659]Article. II. A local board of health will be organized at such of the open ports as the central board of health shall determine upon, consisting of government officers, properly educated and qualified Japanese or foreign medical men, a chemist, and a suitable staff of assistants. The number of members will be regulated in each instance by the amount of shipping at the port, but in all cases will be sufficient to insure the speedy disposal of all matters of quarantine.
All such local boards will be under the control of the central board of health.
Art. III. The government will appoint a quarantine anchorage at each of the open ports under quarantine regulations, and will provide a hospital for cholera patients, a separate hospital for the reception of doubtful cases, a place for the disposal of the dead, properly fitted buildings far disinfection, and quarters comprising all necessary accommodation for persons under surveillance.
Art. IV. A guard-ship, displaying a quarantine signal, will be stationed near the entrance to each port under quarantine regulations, where every vessel, before entering the harbor, will be detained for inspection by at least two members of the local board, one of whom must be a medical officer. The commanding officer, surgeon, if any, and any person on board shall answer all inquiries of the quarantine officers; and a written declaration shall be filled up and signed in the prescribed manner and form.
The commanding officer shall also, if required, open every portion of his vessel to inspection; the cargo-holds shall, however, only be subject to inspection when they have been occupied by passengers or crew during the voyage, or otherwise directly exposed to infection.
The quarantine officers shall be allowed to examine the ship’s log, and to compare the crew and passenger lists with the persons on board.
Art. V. If the commanding officer of any vessel arriving from an uninfected and unsuspected port shall have satisfied the quarantine officers, by his written declaration and otherwise, that his vessel has had no direct communication with any infected or suspected port or vessel, and that no cases of undoubted or suspected cholera have occurred on board during the voyage, the vessel shall be allowed to enter the port at once. In the case of a vessel of war, a written declaration to the above effect, signed by the commanding officer and surgeon, shall always be held sufficient, and the vessel shall be allowed to enter the port without inspection; but in the absence of such declaration, the vessel shall be subject to the rules of the quarantine.
Art. VI. On the arrival of any vessel which, either at the commencement or during the course of its voyage, had had any direct communication with an infected or suspected port or vessel, but on board which no case of suspected or confirmed cholera has occurred during the voyage, the vessel and persons on board shall be detained until the completion of a period of seven days, counting from the date of such exposure to infection, except in special cases in which the local board may consider it safe to shorten the term. Should the above period have expired on or before the arrival of the vessel, the passengers shall be at liberty to land immediately upon the completion of the necessary disinfection.
The cargo, unless consisting of rags, old clothes, bedding, or other articles considered specially dangerous by the quarantine officers, shall not be subject to disinfection; but disinfection of other articles shall be performed or omitted at the discretion of the quarantine officers, and disinfected articles may be landed as soon as the process is completed. Cargo and other articles, unless disinfected, shall not be landed until the expiration of the period of detention.
Should any case of confirmed or suspected cholera appear in a vessel during detention, such vessel and all persons and things on board the same shall be subject to the provisions of Articles VIII and IX.
Art. VII. Any vessel of war arriving from an infected or suspected port shall be allowed to enter at once, provided the commanding officer and surgeon shall furnish a written declaration that no person on board has landed at such port or has been otherwise exposed to infection within the period of seven days preceding the arrival of the vessel, and that no case of confirmed or suspected cholera has appeared on board during the voyage.
In the absence of such declaration, the vessel will be required to submit to the quarantine regulations.
Art. VIII. Any vessel on board of which suspected or confirmed cholera has appeared shall on arrival remove to an anchorage indicated by the quarantine officers, and shall be liable to detention for a period of seven days, counting from the date at which the necessary disinfection is completed.
If before the arrival of the vessel the disease shall have disappeared, and disinfection have been subsequently performed in a manner satisfactory to the quarantine officers, the period of detention may be shortened so far as the local board may deem advisable.
On the other hand, in the event of the apearance of cholera upon a vessel in quarantine after the disinfection has been performed, the disinfection shall be repeated so far as may be considered necessary by the officers of the local board, and the vessel [Page 660] shall be detained for three days from the time of completion of such disinfection for until the end of the period of detention at first prescribed, should the time unexpired exceed three days. Any patients or dead bodies shall be dealt with according to the provisions of Article IX.
Art. IX. On the arrival of any such vessel as in the last preceding clause mentioned, any patient still suffering from the disease shall, if his condition admits, be removed to the quarantine hospital; and, should death have resulted in any case, the body, if not already disposed of, shall either be burned at a place prepared for that purpose, or, at the request of the persons interested, buried after thorough disinfection.
After the removal from the vessel of such patients or dead bodies, the bedding, clothes, and other articles and any part of the vessel which has been exposed to the infection shall be thoroughly disinfected in the manner prescribed by the local board; and all persons on board, except those required for completing the disinfection and taking care of the vessel, shall be removed to and disinfected at the quarantine buildings set apart for their accommodation. Those remaining on the vessel may undergo disinfection either on board or, when replaced by others, in the proper buildings ashore.
Art. X. Vessels which have been at an infected or suspected port, and which have subsequently touched at a port without undergoing a quarantine, shall be treated as coming directly from the infected port.
Art. XI. All vessels regularly carrying mails shall be allowed to land mail-matter immediately on their arrival, and suitable means for transport and delivery of such mail-matter will be provided by the government.
Art. XII. Patients in the quarantine hospital shall receive medical attendance and all necessaries.
Any person desiring to visit a patient in the hospital, or on board any vessel in quarantine, will be permitted to do so under certain conditions prescribed by the local board.
Qualified medical men, not connected with the quarantine hospital, may be admitted to consultation, at the request of patients or their representatives.
No patient shall leave the hospital until discharged by the medical officers.
Art. XIII. In cases where no confirmed or doubtful cholera has occurred on board, persons under surveillance may be detained in the vessel, or, at the discretion of the local board, be removed to the quarantine quarters provided on shore, according to the hygienic condition of the vessel.
Art. XIV. In the event of the appearance on board a vessel coming to a port under quarantine regulations of any case of illness with obscure symptoms which the quarantine officers may consider probably of choleraic origin, the patient shall be removed to a special quarter of the quarantine hospital, and the vessel shall be detained until the expiration of a sufficient time, which shall not exceed forty-eight hours, to enable the medical officer to form a decision as to the nature of the disease; and the local board, on the report of the medical officer, shall put in force such of these regulations as shall be applicable to the case.
Art. XV. All vessels in transit from infected or suspected ports, touching at a port under quarantine regulations for the purpose of receiving supplies or cargo, shall be allowed to receive such supplies or cargo by such means and under such restrictions and conditions as may in each case be imposed by the local board. But all such vessels shall previously be subject to medical inspection and to any disinfection considered necessary by the quarantine officers. Should any case of doubtful or confirmed cholera have occurred on board, the vessel and all persons and things on board shall be subject to the provisions of Articles VIII and IX. All persons landed from such vessels shall be subject to the regulations applicable to persons arriving in other vessels.
Art. XVI. The inspection of all vessels shall be completed as soon as possible after arrival. If, upon the expiration of twelve hours from the time of arrival, no inspection shall have been made, the vessel shall be allowed to enter the port, unless such delay has been occasioned by bad weather or other unavoidable circumstances, or by any act or default of the commanding officer or other person connected with the ship, in which case the inspection shall be made when the causes of delay have terminated.
Art. XVII. The disinfection ordered by the local board shall in all eases be carried out by the quarantine officers, assisted by the officers and crew of the vessel, at the expense of the owners of the vessel or other persons concerned, and shall be completed, if possible, within twenty-four hours after the order for disinfection has been given.
Art. XVIII. Should a case of confirmed or doubtful cholera occur on board any vessel lying in any port under quarantine regulations, such vessel and all persons and things on board the same at the time of such occurrence, shall immediately become subject to the provisions of Articles VIII and IX. Should the vessel, however, have been already in quarantine at the port in which she is lying, the quarantine officers shall repeat the measures of disinfection and surveillance only to such an extent and in such manner as shall be considered necessary by the local board.
[Page 661]Art. XIX. Vessels arriving at an open port where cholera already prevails shall he subject to those of the foregoing regulations which refer to inspection, disinfection, and the disposal of cholera patients and of the bodies of those who have died of the disease; for the carrying out of which due provision will be made by the government; but the rules for the detention of vessels and persons on board shall be suspended.
Art. XX. In the case of the arrival of vessels coming within the terms of Article VI or of Articles VIII and IX, the condition of which is considered especially dangerous to the public health, such vessels may be subjected to precautionary and restrictive measures beyond such as are authorized in ordinary cases by these regulations, if in the opinion of the local board such extraordinary measures are necessary. In such cases the local board shall at once forward a special report of the circumstances to the central board, and a copy of such report shall upon application be afforded by the local board to the master, owners, or agents of any vessel so treated.
Art. XXI. No person shall be permitted to visit any vessel under inspection or in quarantine, or to enter the surveillance quarters, without permission of the local board.
Art. XXII. All personal expenses for food, medical treatment, and other necessaries incurred under or by reason of any of the foregoing regulations shall be borne by the persons on whose behalf such expenses have been incurred or their representatives.
Art. XXIII. Any person violating or refusing to comply with any of the foregoing regulations shall be liable to a fine not exceeding 200 yen for each offense; unless such person be the commanding officer, owner, or agent of any vessel in connection with which such violation or refusal occurs, or be acting under the orders or on behalf of such last-mentioned persons or any of them, in which case the fine may be increased to 500 yen for each such offense: Provided, That the non-payment of any expenses payable under these regulations shall not subject any person to a fine, but that such expenses shall be recoverable by civil process only.
Persons or vessels leaving the quarantine station in breach of these regulations shall, in addition to any fines incurred, be liable to be immediately reconveyed thither.
His Imperial Japanese Majesty’s Prime Minister.
I hereby certify that the foregoing is a true copy of the original revised quarantine regulations on file in this legation.
Secretary of the United States Legation.
Mr. Bingham to Mr. Van Buren.
Tokei , July 22, 1879.
Thos. B. Van Buren,
Esq.,
United States Consul-General,
Kanagawa:
Sir: I herewith inclose for your information an official copy (translated) of the revised quarantine regulations of the Japanese Government, which, until further ordered by said government, are to be enforced in the several open ports of Japan. I have issued an official notice on the subject, which will appear in the Japan Daily Mail of to-morrow, to which will be annexed a certified copy from the records of this legation of the revised regulations.
When you shall receive the published copy in the Mail, I will thank you to post it up in a conspicuous place in your office for the information of all parties concerned. Of course all judicial proceedings that may be instituted against American citizens for any violation of these regulations, as you will observe by my notice, are to be instituted in our consular courts, and conducted therein according to American law.
I am, &c.,
notification.
Whereas the Imperial Japanese Government did, in the commencement of this present month, declare the ports of Kobe (Hiogo) and Osaka to be infected with [Page 662] cholera, and did thereupon issue and promulgate certain provisional quarantine regulations, hearing date the 3d day of this month, for “all vessels arriving in the Bay of Yedo from one of such ports, or which during their voyage have touched at such ports,” and did in and by such provisional regulations, make provision, amongst other matters, for the detention and medical examination and disinfection of such vessels and the crews, passengers, and cargoes thereof, and did subsequently officially communicate the same to the undersigned, Her Britannic Majesty’s envoy extraordinary and minister plenipotentiary in Japan;
And whereas the undersigned, believing the same to be urgently necessary, did, under and by virtue of the powers vested in him in that behalf, thereupon make and publish a regulation, bearing date Yedo, the 14th day of this present month, for the purpose of enabling the British consul at Kanagawa to co-operate effectually with the Japanese authorities, with the object of preventing the introduction into the port of Kanagawa of cholera or other infectious disease highly dangerous to the health of man, and by such regulation did temporarily confer upon the said consul certain special powers over any British vessel entering the Bay of Yedo from the port& of Hiogo and Osaka, or either of them, and the crew, cargo, and passengers (if any) on board such vessel;
And whereas the said Imperial Japanese Government did, on the 14th day of this present month, issue and proclaim, and did subsequently officially communicate to the undersigned, certain other regulations in place of the said provisional quarantine regulations;
And whereas, after the issue and proclamation of the said regulations of the 14th of this present month, the said Imperial Japanese Government did revise the same, and did 6n the 21st day of this present month promulgate the same so revised, under the style or heading of the “Quarantine regulations established by His Imperial Japanese Majesty’s government, 14th July, 1879 (revised 21st July, 1879),” and did officially commuicate the same to the undersigned;
And whereas in the first article of the said revised regulations it is set forth that “The Government of Japan having declared a quarantine for the purpose of preventing the spread of cholera in Japan,” the regulations thereafter following shall be applicable to the open (treaty) ports, and that the same shall be observed and enforced until further notification;
And whereas by such revised regulations provision is made, amongst other matters, for the establishment of local boards of health, under the control of a central board of health, quarantine grounds, hospitals, and guard-ships, as well as for the detention, medical inspection, and, when necessary, the retention in quarantine and proper disinfection of all vessels entering any of the open (treaty) ports, together with their crews, cargoes, and passengers;
And whereas it is urgently necessary that all and each of Her Britannic Majesty’s consuls at the open (treaty) ports in Japan should be vested with special legal powers and authority to enable them to co-operate more effectually than they can now do with the Japanese authorities in the matter of such quarantine regulations, with the object of preventing the spread of cholera in Japan, and in that behalf to detain or cause to be detained and medically inspected any British vessel, her crew, cargo, and passengers, entering any treaty port in Japan, and any such vessel, crew, cargo, and passengers thereafter, when necessary, to further detain or cause to be further detained in quarantine and properly disinfected;
And whereas it is just and expedient that the owners and master of any vessel which may be detained and medically inspected by or under the authority of any of Her Majesty’s consuls shall pay the expenses of such medical inspection, and, if such vessel should be subsequently disinfected, the expenses of and attendant upon such disinfection, and that all British subjects who shall, for the time being, be subject to quarantine at any treaty port in Japan, and who shall be landed in pursuance of any quarantine rules or regulations to which they may from time to time be subjected by or under the authority of Her Majesty’s consul, should pay the costs of medical attendance upon them find of their maintenance on shore:
The undersigned, Her British Majesty’s envoy extraordinary and minister plenipotentiary in Japan, under and by virtue of the powers conferred upon him by the China and Japan order in council, 1865, and of all powers vested in him, or in any wise enabling him in that behalf, has made and hereby publishes for the general information of Her Majesty’s subjects in Japan the following regulation, which, being urgent, will have effect unless and until it be disapproved by Her Majesty, and such disapproval be signified through one of Her Majesty’s principal secretaries of state, and notification of such disapproval be received and published by Her Majesty’s minister in Japan:
Regulation.
I. The regulation made and published by Her Majesty’s minister in Japan, dated the 14th day of July, 1879, is hereby revoked.
II. It shall be lawful for Her Majesty’s consul at each treaty port in Japan, whilst [Page 663] and so long as the quarantine for the prevention of the spread of cholera, declared by the Government of Japan as set forth in the first article of the “Quarantine regulations established by His Imperial Japanese Majesty’s Government, 14th July, 1879 (revised 21st July 1879),” shall be maintained and continue, by warrant under his hand and the seal of his consulate, to detain or cause to be detained and medically inspected by officers to be duly appointed by him in that behalf, any British vessel entering or about to enter the treaty port at which he is consul, together with her crew, cargo, and passengers, and, after such primary detention and medical inspection, if and when there shall be good reason for believing that there is danger of choleraic infection in and from such vessel, her crew, cargo, or passengers, the same or any or either of them to further detain in quarantine and cause to be properly disinfected, in such place or places and in such manner and subject to such quarantine rules and regulations as may from time to time be necessary or expedient.
Provided always, that no such vessel, crew, cargo, or passengers shall be detained under the provisions of this regulation more than seven days at any one time, unless the warrant under which such vessel, crew, cargo, and passengers shall have been originally detained shall have been renewed or extended, or a fresh warrant for such detention issued by the said consul.
And any British subject disregarding or disobeying any warrant of detention issued by any such consul under the provisions of this regulation, or omitting or refusing to obey any order for medical inspection or for disinfection, or any quarantine rule or regulation to which he may from time to time be subjected under or by virtue of this regulation, shall be deemed guilty of an offense against this regulation, and on conviction thereof before any of Her Majesty’s courts in Japan, shall for each such offense be liable to a tine not exceeding $500.
III. The owners and master of any British vessel which may be detained and medically inspected under section II of this regulation shall pay the costs attendant upon and incidental to such medical inspection, and, if such vessel be subsequently disinfected, the costs of or attendant upon or incidental to such disinfection; and any British subject who shall for the time being be subjected to quarantine at any treaty port in Japan under or by virtue of this regulation, and who shall be landed in pursuance of any rule or regulation of such quarantine, shall pay all costs of medical attendance upon him, and of his maintenance in any hospital or quarantine ground at which he may be landed.
The costs of such medical inspection, disinfection, medical charges, and maintenance, respectively, shall be recoverable summarily in any of Her Majesty’s courts in Japan from the person or persons respectively liable to pay the same.