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 grataitously, 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 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., C. E. DE LONG. No. 239.] No. 269. Mr. De Long to Mr. Fish. UNITED STATES LEGATION, Yokohama, Japan, September 4, 1871. (Received October 16.) SIR: I have the honor to advise you of the safe arrival in this empire, by the last steamer, of General Capron, with his staff, composing the scientific commission; also, by the same steamer, Lieutenants Wasson, Dunwoodie, Jones, Hoag, and Poillon, all in good health. General Capron, Lieutenants Dunwoodie, Wasson, and others produced to me your letters, as also those of Messrs. Davis and other officers, and I did all in my power, and will continue to to do all I can conveniently for all of these gentlemen. I trust, however, you will bear in mind that one clause contained in the printed instructions furnished me, when I was appointed to this position, provides, "that I shall recommend no citizen of the United States for any position under the government to which I am accredited." This clause of my instructions I have always respected as strictly as all others; but in the matter of these gentlemen, I have accepted the letters received as a special license, and I have gone far enough, at least, to aid them somewhat. General Capron and staff have been most cordially and honorably received. They have already been called upon by most of the govern ment authorities, and from those officers highest in power, and whose opinion I most value. I learn that all are favorably impressed with the general and assistants. I have been active in my operations to influence the government to give to this commission the widest possible range for its labors, and I feel sure that, in the highest degree, the commission will prove a success so complete that it will most materially aid in stimulating the tide of good feeling now setting in so strongly in Japan for our country and its people. Mr. Ewackura, the new minister for foreign affairs, in our interview yesterday, spoke of the commission with great pride and pleasure as having been sent by the United States Government to Japan; that is, that the United States Government, out of kindness for Japan, had spared and sent out of its high offices this commission, for which they felt greatly obliged, and wished me so to assure you. The commissioners are now temporarily quartered in the "Siba Temples," those temples so noted as being the finest in Japan, and also as being the burial-place of the tycoons. I called on the general there yesterday, and found him surrounded with all comforts and convenience, in high spirits, and looking hopefully forward. I rejoice in the arrival of this commission; it will greatly aid my efforts here, I am sure; but what is still more desirable, it will cause our people to study more closely this country and its people, and the more quickly arouse them to the realization of the fact that Japan is a great nation, well deserving the most earnest efforts to be assisted in its march from the barbarism of the past centuries to the high civilization to which it is now in some degree tending, and to achieve which seems now to be the controlling passion of its statesmen. I have the honor, &c., No. 270. C. E. DE LONG. No. 114.] Mr. Davis to Mr. De Long. DEPARTMENT OF STATE, Washington, October 17, 1871. SIR: I have to acknowledge the receipt of your dispatch of the 4th ultimo, No. 239, containing the gratifying intelligence of the arrival of General Capron and his assistants, and their cordial and hospitable reception by the Japanese government. With reference to the restriction referred to by you, as to the recommendation by our diplomatic and consular agents of citizens of the United States for any positions under the government of the countries in which they may be residing, I have to inform you that it is satisfactory. Upon the convening of Congress the Department will submit a copy of your dispatch, now under consideration, to the proper committees of the two Houses. I am, sir, your obedient servant, J. C. B. DAVIS, No. 241.] No. 271. Mr. De Long to Mr. Fish. UNITED STATES LEGATION, HAKODADI, Japan, October 8, 1871. (Received November 25.) SIR: In view of the near meeting of Congress, of the increasing duties of my office, and of the present position of this legation, I beg leave, with due respect, to urge again upon your attention and that of the President, the necessity for some reforms in legislation affecting my office. In a few months the treaties between the United States and Japan are to be revised. This will add greatly to the labors of my office, as constant conferences with my colleagues and with the Japanese authorities must ensue; to keep you well advised of these proceedings an immense amount of writing will have to be done. In addition to this the judicial business of my legation increases monthly, there being now in my court some half dozen cases on my trial calendar, some of them involving very large amounts, and necessitating long trials. These considerations make it almost a necessity that I should be allowed a secretary of legation. That I need an interpreter is of course true; for, otherwise, I am at the mercy of those I deal with or dependent on the charity of my colleagues. That it is impossible to get a competent person to act as both secretary and interpreter for a salary of $2,500 per year is a fact that my efforts for the last year fully attest. What I ask for very earnestly is a secretary, at a salary of $3,000, and an interpreter, at a similar salary. If this cannot be allowed, let the office be made that of secretary and interpreter, at a salary of, say, $5,000 per annum. This latter course would be better than nothing, but still not what is needed, for my interpreter cannot well fill both offices. He cannot carry on a conversation and write at the same time, neither can I find any person here whom I could recommend as an interpreter, whom I would also be willing to recommend as secretary, who would accept the position. The secretary, I submit, should be a commissioned officer competent to take charge of the legation in case of a minister's absence or death, and also competent by his counsel and advice to assist his chief and aid in the transaction of business. An interpreter, on the contrary, need not be a man of any commanding ability or of great qualifications, but need only be conversant with the language; but should at the same time, as I think, be immediately subject to the minister. liable to removal by him, at once, if found abusing his position or plotting with others for gain. I hope that this request of mine may find favor and be recommended to Congress. I shall take Mr. Nathan E. Rice with me as interpreter, and give him a trial. If I find that he is sufficiently conversant with the language, and he is disposed to serve for the salary allowed after trial, I will so advise you. I hope that I may be allowed by Congress to draw for the undrawn appropriation for the last year for this office of interpreter, to pay Dr. Hepburn for the time he served, and also to pay Mr. Rice for such services in this capacity as he may render. I have the honor to be, sir, your most obedient servant, No. 123.] MEXICO. No. 272. Mr. Fish to Mr. Nelson. DEPARTMENT OF STATE, Washington, November 16, 1870. SIR: Your dispatch No. 292, dated September 29, has been received. The accountability of the Mexican government for the losses sustained by citizens of the United States from the robbery and exactions committed at Guaymas, in May last, by the armed force under the command of Fortino Viscaino, seems to be unquestionable. That person was a subordinate of Placido Vega, as appears by the orders of the latter to him, dated at Teacapan the 18th of May. Those orders directed Viscaino to proceed in the vessel (meaning the Forward) and perpetrate the very acts complained of. The orders were fulfilled. It is true that Mr. Sisson, the United States consular agent at Mazatlan, in his letter to you of the 13th of June, represents that since the evacuation of Mexico by the French the government of that republic had had no other authority in the canton of Tepic, where the expedition of the Forward was organized and whence it proceeded, than that connived at by one Manuel Lozada, of whom Placido Vega is supposed to have been an instrument. Mr. Sisson, however, acknowledges that the general government had appointed a collector and other officers in that quarter, but adds that they are creatures of Lozada. He also says that he had been informed by General Davalos, the commander at Mazatlan, and by Mr. Sessalveda, the inspector of the customs there, that the general government had directed that its troops must not invade the territory of Lozada. Whether this be a fact or not, that government, so long as it shall claim jurisdiction over that territory, must be held responsible for any injuries to citizens of the United States, there or elsewhere, by any force which may have proceeded from the same territory. In times of peace redress for such injuries may, in the first instance at least, be sought through the judicial tribunals of the country where they may have been committed. When, however, they are silenced or overawed by the force of arms, it seems a mockery to be referred to them, especially if there should be any ground for the charge that the Mexican governmant has willfully connived at a defiance of its authority in the canton of Tepic. You will, consequently, in a courteous way, make known to the minister for foreign affairs our views on this subject. The case will be taken into further consideration when the Department shall have received the reply which he may make. I am, &c., No. 273. Mr. Fish to Mr. Nelson. HAMILTON FISH. No. 128.] DEPARTMENT OF STATE, Washington, December 12, 1870. SIR: A letter of the 7th instant has been received at this Department from the Secretary of War, in which it is stated that the depredations committed by bands of hostile Texan Indians, chiefly located in |