No. 6.] Mr. Henry Baxter to Sr. Don Francisco Alvarado. LEGATION OF THE UNITED STATES, Tegucigalpa, Honduras, March 26, 1871. MY DEAR SIR: I have the honor to acknowledge the receipt of your communication of the 24th ultimo, officially asking protection for the city of Comayagua in case of its occupation by the troops of Salvador, (as you say is to be feared,) which you doubt not I will give, in virtue of the existing treaty. In reply, permit me to say that the government of Salvador is well aware that Camayagua is on the line of the Honduras Interoceanic Railway, and being apprised of the treaty existing between the United States and Honduras of July 4, 1864, both myself and the United States minister resiident in Salvador (General Torbert) will most assuredly give it due consideration. It would, in my opinion, be exceeding my authority to officially authorize the raising of the United States flag as a signal of protection in the principal plaza of Camayagua, (as you suggest,) in case of the occupation of the city by the troops of Salvador; but permit me further to say that the government of Salvador will be held strictly accountable by my Government for any disregard of the conditions and stipulations of the referred to treaty. With high regard, I subscribe myself, your, &c., &c., HENRY BAXTER, United States Minister Resident, &c. No. 258. Mr. Fish to Mr. Baxter. No. 21.] DEPARTMENT OF STATE, SIR: Your dispatch No. 25, of the 1st ultimo, has been received. The Department has already instructed you in regard to the obligations of the United States to maintain the neutrality of the railway between the two oceans, through Honduras. That obligation can in no event be construed as imposing upon this Government the duty of forcible intervention in quarrels between Hondurus and her neighbors, even if the advantages promised to the United States were available by the completion of the railway. If that work were in a condition to perform the service between the Atlantic and the Pacific for which it was intended, and that service were to be forcibly obstructed or interrupted by a foreign power, especially with a view to divest Honduras of her right of eminent domain in the railway, it would be incumbent upon their government first to remonstrate against such obstruction or interruption. If this should be unheeded or persisted in, the aggressor might then be warned of the consequences, and if this warning also should be fruitless, the President might then apply to Congress for authority and means to carry the guaranty of neutrality into effect. That guaranty, however, by no means implied that the United States are to maintain a police or other force in Honduras for the purpose of keeping petty trespassers from the railway. This would be a measure contrary to the dig nity of Honduras as an independent republic, and contrary to that cardinal policy of non-intervention in ordinary cases, which has hitherto characterized the United States. I am, &c., HAMILTON FISH. No. 137.] JAPAN. No. 259. Mr. DeLong to Mr. Fish. UNITED STATES LEGATION, YOKOHAMA, Japan, January, 20, 1871. (Received February 20.) SIR: I have the honor to inform you of the attempted assassination. in the streets of Yeddo on the 14th instant of two British subjects, Messrs. Dallas and King. They were very seriously wounded by the sword of the assailant, who approached them from behind, in the night, while they were walking quietly along the streets. Both are stated to be now in a fair way of recovery. The attack further proves the insecurity of foreigners in Japan when not constantly guarded, and forms rather a curious commentary on a proclamation issued by the British minister here to his subjects only a very few days prior to the date of this attack, assuring them that they were perfectly safe to go anywhere within the treaty limits of Yeddo without guards. Soon after this assault was made I received the inclosed letter (inclosure No. 1) from their excellencies the ministers for foreign affairs, informing me of it, and of the measures that had been taken to arrest the offenders. I at once replied to them, thanking them for their courtesy, expressing my regret over the unfortunate occurrence, complimenting them upon their activity in attempting to arrest and bring to punishment those would-be assassins; but assuring them that in addition to the arrest and punishment of men for acts of this nature, I felt compelled to call upon them to adopt some measures to prevent a repetition of such occurrences, and suggesting to them the enactment and enforcement of a law by their government compelling a general disarming of their people, except officers and soldiers on duty within the limits of treaty ports where foreigners were allowed to go. (Inclosure No. 2). At a conference of foreign representatives, held on the 17th instant, and after I had written and dispatched the foregoing letters upon the subject, it was agreed that we would all address them a letter of a similar character, but calling for, or recommending this disarming process to apply throughout the empire. I consented to this for the sake of co-operation, and forwarded to them a letter such as was agreed upon, a copy of which I inclose, (inclosure No. 3,) although my own judgment was that the position assumed by me in the first dispatch was the more correct one, namely, to ask its operation only within limits where our people are allowed to go, and where we might, I thought, reasonably claim to be heard about what laws should be adopted. And also, as it would be from its narrow limit more easy of execution, our recommendation would soon probably be effectual. I have, &c., Inclosures. C. E. DELONG. No. 1.-Copy of a letter from the Japanese minister to C. E. DeLong, informing him of the assault upon Messrs. King and Dallas, and of the efforts being made to secure the culprits. No. 2.-Letter from C. E. DeLong, in reply, thanking them for their courtesy, and recommending the enactment of a law preventing the carrying of arms by Japanese, except officers and soldiers on duty within the treaty limits of the various open ports. No. 3.-Letter of C. E. DeLong to the ministers on the same subject, after a conference with his colleagues, joining with them, as agreed at the conference, upon a recommendation for the disarmament of their people throughout the empire. Minister of Foreign Affairs to Mr. De Long. [Translation.] TOKU, the 24th of the 11th month, 3d year Muji. YOUR EXCELLENCY: We regret to inform you that two English subjects, Mr. Dallas and Mr. King, in the employ of the Japanese College, have been attacked from the rear by certain Japanese, on the street Kanda Nabechio, last night, the 23d of the 11th month, about 10 o'clock, thereby they have received seven wounds on their backs: and they ran immediately into the house of Yamatoga Kechibu, near the place where the accident happened; accordingly the master of the said house hastened to the guard-house, stationed in its vicinity, to give notice of the occurrence, and also he sent for two Japanese doctors in its vicinity, by whom medical attendance was given to their wounds. We are exceedingly sorry to say that the offenders have escaped from the spot and their trace is unknown. Every possible means, however, to secure them was at once taken by the Tokrifu. With respect and consideration, No. 8.] Mr. DeLong to Minister for Foreign Affairs. UNITED STATES LEGATION, Yokohama, January 15, 1871. Your excellency's dispatch of yesterday, conveying to me the startling information of the assault made upon Messrs. Dallas and King, was received by me to-day. Thanking you for it, and complimenting you and all of the authorities of your government for the remarkable degree of activity manifested in the attempts to arrest the perpetrators, I beg leave to assure you of my great regret for this most important affair. Such occurrences as these, I beg leave to assure you do more to impair the credit of the Empire abroad than years of effort on the part of your well-disposed people can do to build it up. These acts discourage your friends, and will develop a disposition in the foreign mind for retaliation which may one day assume form and involve your government in the gravest consequences. I beg leave to assure you that I am convinced of the utter insecurity of foreigners, even within the treaty limits of the open ports of your Empire. Something should at once be done, not merely to avenge this or similar atrocities, but to prevent their recurrence. I can see but one way of effecting the result desired, and that is for your government to prohibit by law the carrying of arms by your people within the treaty limits where foreigners are allowed to go, excepting, of course, your officials, soldiery, and officers on duty. This is a simple, and will prove an efficacious remedy, and I can see no other. Outrages of this kind must be expected so long as one-half of the Japanese people in these cities are allowed constantly to carry two swords about with them. I beg leave to urge upon you and your government the expediency of at once adopting a law of this nature for the government of the treaty ports. With respect, C. E. DELONG. No. 14.] UNITED STATES LEGATION, YOKOHAMA, JAPAN, January 30, 1871. To their Excellencies the Ministers of Foreign Affairs, &c., &c. : I beg leave to inform your excellencies that since having answered your communication conveying to me the sad intelligence of the unfortunate assault recently made in Yeddo upon Messrs. Dallas and King, I would add to what I have already said, the assurance that the foreign representatives have heard of this outrage with deep concern. We had hoped that the establishment of the government of His Majesty the Tenno, would have been distinguished by a cessation of attacks upon the lives of foreigners, and we regret, therefore, to see in the present instance a repetition of so grave a crime. The two Englishmen had not provoked the attack. They were walking quietly in the streets when one or more Japanese stole up behind them under the cover of darkness, and cut them down with the long swords usually carried by the armed class. It is only too evident to all of the foreign representatives, that in the ranks of the Japanese sworded class there are men who are ready to use their weapons for the worst purposes, and who think little of taking the lives of their fellow-men. It is, also, evident that the disposition to crime is greatly encouraged by the light degree of restraint to which these dangerous men are subjected, and by the permission given them to wear their deadly weapons on all occasions. The sword should be the symbol of honor and distinction, and should be intrusted only to those who will not disgrace it, but how frequently many men of the sworded class are seen in the streets of Yeddo in an excited state, threatening defenseless people with their weapons, and cutting at dogs, or committing other offenses. Surely, such men are not worthy of the privilege of carrying arms, and how can the government who allows them to do so disclaim responsibility for the violence they commit. I trust that the measures now being taken by the government to bring to justice the Japanese who attacked Messrs. Dallas and King, will speedily prove successful, as the value of punishment in so serious a case depends greatly on the promptitude with which it is inflicted. But the foreign representatives all feel that the punishment due in the present instance will not alone suffice to protect their countrymen in Yeddo, or elsewhere, against the recurrence of similar violence, and they consider, therefore, that it is the duty of the Japanese government to take more resolute measures than they have hitherto done for controlling disorderly men of the sworded class. It is obvious that such danger would be avoided if officers only were allowed to wear their swords habitually, and if men of the common class were forbidden to carry these arms except when engaged on some public duty. The foreign representatives consider themselves bound, therefore, to earnestly urge on the Japanese government the adoption of a measure of this nature. If the latter should think from the trouble that it may entail it would be well for them to reflect on the danger to which they will expose themselves by allowing the lives of the subjects and citizens of all the treaty powers in Japan to be imperiled by a particular class of unruly Japanese, and on the reproach which the latter brings upon the country by such outrages as those of which the foreign repre sentatives now complain. With respect, No. 260. C. E. DELONG. No. 56.] Mr. Fish to Mr. DeLong. [Extract. J DEPARTMENT OF STATE, Washington, January 21, 1871. It is to me inconceivable that there are no courts in Japan. There must be tribunals, or officers of some kind, for settling civil controversies. The sixth article of the treaty of 1858 (Consular Regulations, page 157) refers to such courts. The treaty in effect, remits American creditors of Japanese subjects to such courts, and on general principles they must accept such remedies as the government of Japan provides for its own subjects, waiting for diplomatic intervention, till the case of a de nial of justice is established. If the minister will instruct his countrymen on this subject he will be relieved of the duties of an attorney in private controversies. * 典 * * It is not deemed advisable to propose or ask of Congress, a measure providing for an examiner of claims in Japan. The minister should not be deprived of his full responsibility about urging claims, but it would be well for our ministers every where to refrain from anything like a peremptory presentation of a claim until after it has been examined in this Department, except in cases of urgent emergency. The Government has frequently found itself at quite an advanced stage of the discussion of a doubtful claim before this Department had any information, or, if any, inadequate information for a judgment upon the case. I am, &c., No. 261. Mr. De Long to Mr. Fish. HAMILTON FISH. No. 152.] UNITED STATES LEGATION, February 16, 1871. (Received March 27.) SIR: Referring to my dispatch to you by the last mail, No. 155, about the attempted assassination of Messrs. Dallas and King, and the joint letter written to the Japanese ministers, I now beg leave to inclose you a copy of their reply thereto, received by me to-day, an examination of which I think will satisfy your mind that they have recently made very rapid progress, or otherwise have foreign advisers and excusers. The letter promises nothing in effect, and its context and style confirms my convictions, expressed to you in my dispatch No. 154. I beg you to carefully examine it by the light of that opinion. (Inclosure No. 1.) I have the honor, &c. C. E. DE LONG. Ministers of Foreign Affairs to Mr. C. E. DeLong. [Translation.] YOKEI, 26th of 12 month of 3d year Myi. YOUR EXCELLENCY: We have the honor to acknowledge the receipt of your excellency's dispatch of January 20. Our government has actually, and in accordance with your excellency's request in that dispatch, instructed the strictest and minutest search, with the object of arresting the perpetrators of the attempt to assassinate the two Englishmen in the streets of Yokei, on the night of the 13th ultimo. They have already been apprehended and are being interrogated. Your excellency in that dispatch declares it to be your opinion that, in order to insure that the measures to be taken by our government for preventing the recurrence of such acts of violence in the future may be effective, unofficial persons and the lower class of officials should cease to wear swords. This proposal has been suggested by your excellency's desire to insure the permanence of the friendly relations which exist between our respective countries, and, from a foreign point of view, we agree that the belief that order easily could be kept by adopting a principle which strikes at the root of the matter is a natual and a just one. The wearing of the sword by the Japanese Samurai, however, arose originally out of the lawless condition of the middle ages, when every man made fighting his business, and distrust and uneasiness were so great that it become necessary to wear a sword in self-defense. Since the power of government has been in the hands of the military |