reliably informed that the amount appropriated by Congress would be sufficient to endow such a school. This school, should it be established, would be a memorial institution; it would convey to all the high appreciation in which our Government holds humane services. It would meet the approval, command the respect, and enlist the sympathy and support of the minister of state for education as well as the local government at Kagoshima.

The governor of Kagoshima in his letter suggests that something might be done toward industrial advancement, but I doubt this, and I am not sure that anything could be sent from America suitable for the use of the Japanese. For example, the idea of presenting the Japanese with agricultural implements does not commend itself for the reason that agricultural conditions of America are altogether different from those which exist here. American implements would practically be useless to the Japanese farmer. The same may perhaps not be said as regards specimens of various teaching appliances, as outline maps, globes, etc., or articles connected with education, should the school be established. Text-books other than those printed in Japanese and English would be of no practical benefit. To the five men not permanent residents of Isekimura and Akimura, who aided in the rescue, I would suggest that the sum of $200, or $40 to each man, be presented.

I am, etc.,

JOHN M. BIRCH.

No. 545.]

Mr. Hubbard to Mr. Bayard.

LEGATION OF THE UNITED STATES,

Tokio, February 5, 1889. (Received March 1.) SIR: I have the honor to inform the Department that His Majesty the Emperor removed on the 11th ultimo to the new Imperial palace which has just been completed on the site of the palace burned in 1873.

When the Emperor removed from Kyoto to Tokio in 1868 he took up his residence in the palace formerly occupied by the Tycoon. This palace was burned in May, 1873, and since that time His Majesty has occupied the spacious premises in another part of the city known as the Akasaka Palace.

The new palace proper and the Imperial household department offices are, while distinct in architecture, closely connected by covered passages. The head of the household department, it should be remarked en passant, is a cabinet minister.

The palace proper was constructed entirely under the direction of Japanese architects, in Japanese and foreign styles of architecture. The department buildings have been constructed in the foreign style of architecture, and by Japanese architects assisted by foreign architects. The cost of the palace and the department buildings amounted to 3,967,231.56 yen.

After the completion of the new palace a large number of Japanese and foreign residents were permitted by the Government to visit it, and a number of our countrymen availed themselves of the opportunity. I have, etc.,

RICHARD B. HUBBARD.

No. 547.]

Mr. Hubbard to Mr. Bayard.

LEGATION OF THE UNITED STATES,

Tokio, February 14, 1889. (Received March 12.)

SIR: I have the honor to transmit official copies of the constitution of Japan, with accompanying papers, consisting of "Imperial speech on the promulgation of the constitution;""Imperial oath at the sanc

tuary of the Imperial palace;" "Imperial ordinance concerning the House of Peers;" "Law of the houses;" "The law of finance;" "Law of election for the members of the House of Representatives," and "Appendix of the law of election for the members of the House of Representatives."

Inasmuch as the Department of State will give to this constitution and accompanying papers an earnest and patient examination before forming a final judgment as to their merits, any attempted synopsis or discussion by me is unnecessary in the premises.

On the 11th February, at 10 o'clock a. m., the constitution was promulgated by his majesty the Emperor in the throne-room of the new palace with suitable and most imposing ceremonies. The diplomatic corps attended the ceremony at the express invitation of his majesty, and occupied a place of honor with the princes of the imperial blood immediately to the left of the throne.

The occasion was a most impressive one.

If I may be allowed to express my views, I am convinced that a careful reading of this constitution will enable my Government to reach the same opinion with its representative here, that the substance of this most important instrument, its declaration of rights to be held sacred alike by the Crown and its subjects, and to be hereafter inviolate, not only should have made the day memorable forever in the annals of the Empire, but should be a cause of sincere congratulation from all Western nations.

My observation and experience-personal and official-at this court and among this people since 1885, convinces me that all their progress, of which so much has been written and spoken-a progress in wise and freer government, of which this constitution is the highest and noblest testimonial-is not a short-lived or experimental thing, nor a thin veneering of Western civilization, so to speak, on the still vigorous body of oriental political systems, but rather proof of a solid and permanent triumph over the past of her history which ushers in a new era for Japan among the nations.

The constitution having been promised some years ago to be given in 1889 by the Emperor to his subjects, the 11th of February (the two thousand five hundred and forty-ninth anniversary of the foundation of the Empire) was recently declared the day on which the constitution should be promulgated; and the event, having been for years eagerly awaited, was celebrated with rejoicing by all Japanese subjects from the homes of fishermen and peasants to the palace of the Emperor.

The day was observed as the most important political event in the history of the Empire throughout the entire country with illuminations, bonfires, military and naval salutes, ringing of bells, processions, and decorations of houses and the streets of towns and cities with bunting and evergreens; and to the inspiring sounds of music the people literally "danced for joy."

In an interview with his majesty in the evening of the day of the promulgation of the constitution, he having invited a large company of guests to dine at the palace, I took occasion to tender to him the earnest congratulations of my Government and of its representative on the completion of this glorious day's work.

The Emperor, with evident gratification, replied, expressing his thanks for my words of congratulation, and expressed the hope that the occasion of the promulgation of the constitution which guarantied in a liberal sense political and religious liberty to his subjects might be an event which would increase the sympathy and friendship which the

Government and people of the United States had so long cherished for Japan.

Apropos to this celebration, the greatest political event in the history of the Empire, I herewith have the honor, as a matter of interest to the Department of State, to inclose a leader from the Japan Daily Mail, giving a careful resumé of the main points involved in this revolution of the political system of this Government, which henceforth places the Empire among enlightened constitutional monarchies.

I have, etc.,

RICHARD B. HUBBARD.

[Inclosure in No. 547.-From the Japan Daily Mail, Yokohama, Tuesday, February 12, 1889.]

THE CONSTITUTION.

The long looked for constitution was promulgated yesterday amid general rejoicing. His majesty the Emperor, having sworn a solemn oath in the imperial sanctuary to "maintain and secure from decline the ancient form of government," and never at this time nor in the future to fail to be an example, to his subjects in the observance of the laws hereby established," took his place on the throne, and in the presence of all the highest functionaries of the Empire as well as of chosen representatives of the people, handed to the minister president of state the five laws forming the new system. These laws are "The Constitution of the Empire of Japan;" the "Imperial ordinance concerning the House of Peers;" the "Law of the houses;" the "Law of election of members of the House of Representatives," and the "Law of finance." They comprise in all three hundred and thirty-two articles. Without attempting to enter into details, we shall here endeavor to give our readers a general idea of this important legislative work.

In the first place, the sacred and inviolable nature of the imperial title and the perpetuity of the throne are asserted with the fullest emphasis. His majesty remains as before the source of all law. But his legislative function is henceforth to be exercised with the sanction of the diet. Only in presence of an urgent necessity to maintain public safety or to avert a public calamity can he issue ordinances in lieu of laws, and it is expressly provided that such ordinances must be laid before the diet at its next session, when if not approved by that body they become invalid. While, however, handing over his law-making function to parliament, the Emperor reserves to himself the function of issuing, or causing to be issued, the ordinances necessary for carrying out the laws, or for the maintenance of public peace and order. He also determines the organization of the different branches of the administration, appoints and dismisses all officials, and fixes their salaries. His majesty has further the supreme command of the army and navy; determines their organization and peace standing; has the power of making war, peace, and treaties; confers title of nobility, rank, and other marks of honor, and orders amnesties, pardons, commutations of punishments, and so forth.

In contradistinction to these imperial prerogatives we have the rights of the subject. He is free to change his abode at will; he can not be arrested, detained, tried, or punished except according to law; he can not be deprived of his right of being tried by lawful judges; his house can not be entered or searched without his consent, except in cases provided by law; his letters are inviolably secret within similar limits; his right of property is sacred; he is entitled to freedom of religion, of public meeting, of speech, and of association, but religious freedom must not be exercised in a manner prejudicial to peace or order, or antagonistic to his duties as a subject, neither must freedom of speech and public meeting transgress the limits fixed by law. Passing from these general propositions as to the prerogatives of the ruler and the rights of the ruled, we come to the parliamentary system. It is bicameral, the house of peers and the house of representatives constituting the imperial diet. The upper house is partly elective, partly hereditary, and partly nominated. The hereditary portion comprises members of the imperial family, princes, and marquises. The elective portion comprises both noblemen and commoners. The noblemen are counts, viscounts, and barons, elected by the members of their respective orders, in numbers not exceeding one-fifth of the numbers of those orders. The commoners are chosen by cities and prefectures-one by each-from among the highest tax-payers, provided that the Emperor afterwards approves the persons thus elected. Finally, the nominated portion of the house comprises persons nominated by his majesty on account of meritorious services to the State, or of erudition. These imperial nominees are life

members, whereas the elected members sit for seven years only, which is also the period of the upper house. It is laid down that the number of imperial nominees together with those elected by cities and prefectures shall never exceed the number of nobles in the house.

The lower house, or house of representatives, consists of three hundred members, elected by ballot in districts fixed by a supplementary law. The qualifications of eligibility are that the candidate shall be of the full age of thirty; that he shall have been paying direct national taxes to an amount of not less than 15 yen annually for a period of at least one year previously to the date of making out the electoral list, and that he shall have been paying income tax for a period of not less than three years. Certain officials are not eligible, neither are officers of the Army or Navy in active service, or temporarily retired from active service. As for the persons upon whom the suffrage is conferred, they must be twenty-five years of age; they must be residing permanently in the district where they vote; they must have been in residence there for at least a year previously to their registration as electors, and they must satisfy the same conditions in respect of taxation as the persons eligible for election. A member sits for four years, which is also the period of the House's life. There is to be one session annually, and its duration is fixed at three months, but in case of necessity this term may be prolonged, or an extraordinary session may be convoked.

In addition to its legislative functions the diet is also to discuss and vote the budget, and any expenditure made in excess of this duly-voted budget must be subsequently approved by the diet. There are, however, certain restrictions in this section. Thus, the expenditure of the Imperial household, as at present fixed, is not to be subject to parliamentary sanction, and any expenditures incurred in the exercise of the powers reserved to the Emperor, or any that "may have arisen by the effect of law" or that "appertain to the legal obligations of the Government," can neither be rejected nor reduced by the diet without the concurrence of the Government. By the term "expenditures incurred in the exercise of the powers reserved to the Emperor" is meant the salaries of all civil and military officers, and the funds required to maintain the army and navy on a peace standing. A considerable portion of the budget is thus virtually removed beyond the control of Parliament. Further when, owing to exceptional circumstances of a domestic or foreign character, the diet can not be convoked, the Government may take all necessary financial measures by means of an Imperial ordinance; and should it happen that the budget has not been voted or brought into actual existence, the Government shall have competence to carry out the budget of the preceding year. Thus, while all financial matters are subjected to parliamentary scrutiny, they are removed from parliamentary control sufficiently to render the Government temporarily independent of a hostile diet.

This expression "Government," as distinguished from the diet, is evidently employed in the German sense of sovereign and cabinet. The Emperor nominates the ministers forming the cabinet-he nominates all officials-and with them constitutes a portion of the body politic that stands above and outside the diet. This, of course, is the theoretical state of affairs existing in all constitutional monarchies. The unwritten but practically acknowledged responsibility of the British cabinet to Parliament may be developed in Japan, as it was gradually developed with us, but there is no recognition of it in the new Japanese system.

A section is devoted to the judicature also. Its most interesting point is that the judges are to be appointed by law and removable by law only.

Such is the general outline of the constitution. Its provisions can not be amended unless a project in that sense is submitted to the diet by Imperial order. We may add that each member of the lower house, and each elected or nominated member of the upper, is to receive an annual allowance of 800 yen, together with traveling expenses.

No. 548.J

Mr. Hubbard to Mr. Bayard.

LEGATION OF THE UNITED STATES, Tokio, February 14, 1888. (Received March 12.) SIR: I have the honor to inform the Department of the assassination of the Japanese minister of education, Viscount Mori Arinori, which oc curred at his residence early on the morning of February 11.

So far as can be ascertained the assassination had no political sig. nificance whatever, and was committed by a Shintoist religious fanatic, without aid or instigation from any accomplice, for the purpose of avenging some real or imagined slight or indignity to a Shinto temple,

which the assassin claimed the late minister once committed in entering the temple without removing his hat and shoes. The assassin was at once killed by an attendant of the minister.

The minister lived about twenty-four hours after receiving the wound.

The assassination was especially deplorable coming, as it did, on a day when all of Japan had put on holiday attire and was rejoicing over the constitution which was to be promulgated that day.

Viscount Mori was born in 1841, and had served his country in many honorable capacities, having been at one time the diplomatic representative of Japan at Washington; afterwards becoming vice-minister for foreign affairs, and later envoy and minister to England and to China, respectively.

Under his administration of the department of education Japan has made wonderful strides in educational advancement.

I inclose a clipping from the Japan Mail, giving an account of the assassination, which is believed to be in the main correct.

I have, etc.,

RICHARD B. HUBBARD.

[Inclosure in No. 548.-Extract from the Japan Mail.]

Assassination of Viscount Mori.

It is with the most sincere regret that we have to announce the fatal termination of the injury received on the morning of the 11th by his excellency the minister of state for education. It appears that the weapon used by the assassin was an ordinary Japanese kitchen-knife, the flat triangular blade of which had been sharpened to a state of great keenness. Unfortunately the blow was delivered so as to cut an artery, and, owing probably to the fact that all Tokio had begun to keep festival, medical aid was not procured until three hours had elapsed. By that time the Viscount had fainted from loss of blood, and at 5 o'clock on Tuesday morning he passed away. The irony of fate could scarcely be shown more cruelly than in the death of such a man by such an instrument. The particulars of the sad affair are now known. The murderer, a youth of about twenty-five, went to Viscount Mori's house early in the morning, and asked for an interview with the minister. He was received by his excellency's private secretary, but at first declined to state his business through a third party, alleging that it demanded the utmost secrecy. Ultimately, however, he reluctantly consented to explain that he had come to warn the minister against an assault which certain discontented students of the university contemplated making upon him while he was en route for the palace. The secretary carried this message to Viscount Mori, but the minister treated it with some disdain, and told the secretary that he had better question the informant more fully. While the secretary was obeying this instruction the Viscount himself came down stairs dressed in full uniform, and as he was about to pass the door of the room in which the secretary and the youth were conversing, the former said,' "This, your excellency, is the man of whom I have just been speaking to you." The professed informant then advanced, and had begun to repeat his story when suddenly grasping the Viscount, and drawing a kitchen-knife which he had concealed in his clothes, he plunged it in the minister's abdomen. Concerning what immediately ensued there is, as may well be supposed, some confusion. Whether the man in attempting to make his way from the house seemed to threaten fresh violence, or whether he showed a disposition to follow up his murderous assault, it is at all events certain that one of the minister's guards, who though standing in the vestibule was unable to prevent the fatal deed, immediately cut the assassin down. Under any circumstances this was regretable, but it would have been more so had there been any suspicion that the assailant had accomplices. Such, however, was not the case. From a manifesto found on his person, and corroborated by subsequent inquiries, the fact is placed beyond doubt that he was absolutely alone in his attempt and that its sole motive was a fanatical desire to wreak vengeance on the Viscount for an act of sacrilege which it appears that the latter did really, whether ignorantly or inadvertently, commit by entering the principal shrine at Ise without removing his boots. By a zealot like Nishino Bunjiro-for that seems to have been the man's