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JAPAN.

BRINGING INTO OPERATION OF JAPANESE TREATIES.

No. 269.]

Mr. Herod to Mr. Hay.

UNITED STATES LEGATION,
Tokyo, Japan, March 23, 1899.

SIR: I have the honor to call the Department's attention to Article XXIV of the treaty of commerce and navigation between France and Japan signed at Paris August 4, 1896, the first sentence in the first paragraph of which reads as follows:

Le présent Traité ne produira ses effets que trois ans au moins après la signature. It will thus be seen that the French treaty can not come into operation prior to August 4 of this year, eighteen days after the date (July 17) fixed for the operation of the American treaty in common with that agreed upon by the other powers which have in recent years concluded treaties with Japan. In consequence, citizens of France will continue, under the old and now existing treaty of October 9, 1858, to enjoy the privileges of consular jurisdiction up to August 4 and, after July 17 and up to August 4, when their new treaty comes into force, will secure, under the most-favored-nation clause in the old treaty, all rights of residence, commerce, and navigation guaranteed to citizens and subjects of other powers under the provisions of their treaties, whereby consular jurisdiction is abolished. In other words, French citizens will from July 17 to August 4 enjoy all the rights of other foreigners in matters relating to navigation and commerce, and, in addition, extraterritoriality and freedom from taxation by Japan.

In view of the concise nature of Article XVIII of the American treaty of November, 1894, which provides that on July 17 next consular "jurisdiction shall absolutely cease and determine," and the fact that our most-favored-nation clause relates only to matters of navigation and commerce, I realize that a claim for the continuance of consular jurisdiction up to August 4 could not be maintained. On the other hand, Article XIV referred to does guarantee to citizens of the United States most-favored-nation treatment in all that concerns commerce and navigation, and if French citizens are up to August 4 to be free from taxes of all kinds levied by the Japanese Government, I am of the opinion that American citizens should enjoy equal “privileges, favors, and immunities."

If my opinion coincides with that of the Department, I have the honor to request instructions authorizing me to claim at the proper time all privileges of trade and navigation that will be enjoyed by French citizens after July 17 and up to August 4, 1899.

That the date for the operation of the French treaty differs from that fixed upon in Japan's other engagements is due to the carelessness of the Japanese negotiator at Paris. Since the ratification of

the treaty Japan has tried ineffectually to have the date changed to July 17.

I have, etc.,

JOSEPH R. HEROD.

Mr. Hay to Mr. Herod.

No. 223.]

DEPARTMENT OF STATE,
Washington, April 25, 1899.

SIR: I have to acknowledge the receipt of your dispatch No. 269, of the 23d ultimo, calling attention to the fact that by virtue of the treaty of commerce and navigation between France and Japan, signed August 4, 1896, as well as of their treaty of October 9, 1858, French citizens will from July 17 to August 4 next enjoy all the rights of other foreigners in Japan in matters relating to navigation and commerce and, in addition, extraterritoriality and freedom from taxation by Japan. You also point out that Article XIV of our treaty with Japan of November 22, 1894, guarantees to Americans most-favorednation treatment in all that concerns commerce and navigation, and you express the opinion that, if French citizens are up to August 4, to be free from taxes of all kinds levied by the Japanese Government, American citizens should enjoy equal privileges, favors, and immunities.

In reply I have to inform you that the Department concurs in your view of the matter.

The third paragraph of Article II of our treaty is even more comprehensive than Article XIV in granting to American citizens mostfavored-nation treatment.

You will bring the matter to the attention of the Japanese Government and claim for American citizens all privileges of trade and navigation that will be enjoyed by French citizens after July 17 and up to August 4, 1899.

I am, etc.,

JOHN HAY.

No. 310.]

Mr. Buck to Mr. Hay.

UNITED STATES LEGATION,
Tokyo, Japan, June 17, 1899.

SIR: I have the honor to inclose herewith translation of an Imperial ordinance, dated the 14th instant, bringing into operation the new treaties between Japan and other powers.

It will be observed that the French and Austro-Hungarian do not come into operation until August 4 next, while all the others take effect on July 17.

I have, etc.,

[Inclosure.]

A. E. BUCK.

We hereby sanction the enforcement of the conventions of commerce and navigation promulgated on August 27, 1894, and other conventions, and promulgate the same.

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IMPERIAL ORDINANCE NO. 251.

The convention of commerce and navigation promulgated on August 27, 1894, the convention of commerce and navigation promulgated on August 16, 1895, the convention of commerce and navigation promulgated on September 10, 1895, the convention of commerce and navigation promulgated on May 16, 1896, the convention of commerce and navigation promulgated on November 19, 1896, the convention of commerce and navigation promulgated December 28, 1896, the convention of commerce and navigation promulgated on May 22, 1897, the convention of commerce and navigation and the convention of amity, residence, and commerce promulgated on September 15, 1897, and the convention of amity and commerce promulgated on September 16, 1897, shall be enforced on and after July 17, 1899. The convention of commerce and navigation promulgated on March 30, 1898, and the convention of commerce and navigation promulgated on September 9, 1895, shall be enforced on and after August 4, 1899.

No. 323.]

Mr. Buck to Mr. Hay.

UNITED STATES LEGATION,
Tokyo, Japan, July 7, 1899.

SIR: I have the honor to inclose herewith newspaper clippings from the local papers, giving translations of several rescripts and instructions issued by the Emperor and the ministers of state respecting the operation of the new treaties, together with the comments of the vernacular press in relation thereto.

I have, etc.,

A. E. BUCK.

[Inclosure 1.]

IMPERIAL RESCRIPT ON THE NEW TREATIES.

Governing our realm by the abiding aid of our ancestors' achievements, which have enabled us to secure the prosperity of our people at home and to establish relations of close amity with the nations abroad, it is a source of heartfelt gratification to us that, in the sequel of exhaustive planning and repeated negotiations, an agreement has been come to with the powers, and the revision of the treaties, our long-cherished aim, is to-day on the eve of becoming an accomplished fact; a result which, while it adds materially to the responsibilities of our Empire, will greatly strengthen the basis of our friendship with foreign countries.

It is our earnest wish that our subjects, whose devoted loyalty in the discharge of their duties is conspicuous, should enter earnestly into our sentiments in this matter and, in compliance with the great policy of opening the country, should all unite with one heart to associate cordially with the peoples from afar, thus maintaining the character of the nation and enhancing the prestige of the Empire.

In view of the responsibilities that devolve upon us in giving effect to the new treaties, it is our will that our ministers of state, acting on our behalf, should instruct our officials of all classes to observe the utmost circumspection in the management of affairs, to the end that subjects and strangers alike may enjoy equal privileges and advantages and that, every source of dissatisfaction being avoided, relations of peace and amity with all nations may be strengthened and consolidated in perpetuity.

[Imperial sign manual.]

JUNE 30, 1899.

[Signatures of all the cabinet ministers.]

[Inclosure 2.]

CABINET NOTIFICATION NO. 1.

The work of revising the treaties has caused deep solicitude to His August Majesty since the centralization of the Goverment, and has long been an object of earnest desire to the people. More than twenty years have elapsed since the

question was opened by the dispatch of a special embassy to the West in 1871. Throughout the whole of that interval, numerous negotiations were conducted with foreign countries and numerous plans discussed, until finally, in 1884, Great Britain took the lead in concluding a revised treaty, and the other powers all followed in succession, so that now the operation of the new treaties is about to take place on the 17th of July and the 4th of August.

The revision of the treaties in the sense of placing on a footing of equality the intercourse of this country with foreign States, was the basis of the great liberal policy adopted at the time of the restoration, and that such a course conduces to enhance the prestige of the Empire and to promote the prosperity of the people, is a proposition not requiring demonstration. But if there should be anything defective in the methods adopted for giving effect to the treaties, not merely will the object of revision be sacrificed. but also the country's relations with friendly powers will be impaired and its prestige may be lowered. It is of course beyond question that any rights and privileges accruing to us as a result of treaty revision should be duly asserted. But there devolves upon the Government of this Empire the responsibility, and upon the people of this realm, the duty of protecting the rights and privileges of foreigners, and of sparing no effort that they may one and all be enabled to reside in the country confidently and contentedly. It behooves all officials to clearly apprehend the august intentions, and to pay profound attention to these points.

MARQUIS YAMAGATA, Minister President of State.

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GENERAL INSTRUCTIONS NO. 10 OF THE MINISTER OF STATE FOR EDUCATION TO LOCAL GOVERNORS.

Since my assumption of office the condition of the schools has caused me much solicitude, and on the occasion of the assembling of the government of prefectures and cities last April, I urged them to give serious consideration to the question of correcting the conduct of students and making the school regulations more stringent. The time for the operation of the revised treaties is now only a few days distant, and His Majesty has graciously issued an imperial edict on the subject. Doubtless the number of foreigners visiting the interior of the country will greatly increase, and if, at such a time, students be left without proper control, and suffered to neglect the dictates of propriety by cherishing sentiments of petty arrogance, and behaving in a violent, outrageous, or vulgar manner, not only will the educational system be brought into discredit, but also the prestige of the country will be impaired, and its reputation may even be destroyed. It is desired, therefore, that. in respectful accord with the august will, the directors of schools and the teachers should exert themselves to the utmost to effect reforms, and to discharge their functions with such earnestness that educational methods may be freed from all errors.

COUNT KABAYAMA,

Minister of State for Education.

JULY 1, 1899.

[Inclosure 4.]

SPECIAL INSTRUCTION NO. 11 OF THE MINISTER OF STATE FOR EDUCATION TO GOVERNMENT SCHOOLS.

The schools under the direct control of the Government serve as models to all the public and private educational institutions throughout the country. It is. therefore, my earnest desire that the behavior of the students at such schools should be regulated with notably strict regard to the canons of propriety, so that they may show themselves worthy of the station they occupy. The date of the operation of the revised treaties is now imminent, and His Imperial Majesty has issued a gracious rescript. It may be expected that the coming and going of foreigners in the interior of the country will henceforth grow more frequent, and if at such a time students be left without proper control and suffered to neglect the dictates of propriety by cherishing sentiments of petty arrogance, and behaving in

a violent, outrageous, or vulgar manner, not only will the educational systems be brought into discredit, but also the prestige of the country will be impaired, and its reputation may even be destroyed. For that reason I have addressed an instruction to the local governors urging them to guard against any defects in educational methods, and I am now constrained to appeal to the Government schools, which serve for models. 1 trust that those upon whom the functions of direction and teaching devolve, paying respectful attention to the august intention, will discharge their duties carefully toward the students, and, by securing the latter's strict adherence to rules, will contrive that they shall serve as a worthy example to the schools throughout the country.

COUNT KABAYAMA,

Minister of State for Education.

JULY 1, 1899.

[Inclosure 5.]

[The Japan Daily Mail, Yokohama, July 3, 1899.]

IMPERIAL RESCRIPT ON TREATY REVISION.

The rescript which His Majesty, the Emperor, has issued in connection with the operation of the revised treaties will be read with satisfaction by foreigners. and can not fail to produce an excellent impression upon the public at large. The Emperor uses language of very exceptional force and frankness. It is an almost invariable rule that the expressions employed in a Japanese Imperial rescript are comparatively colorless and unmarked by any evidence of strong feeling. But in the message just addressed to his people, the Emperor of Japan tells them that treaty revision has for years been to him an abiding object of desire; declares that its consummation has entailed exhaustive planning and repeated negotiations, and speaks frankly of the heartfelt gratification he derives from the achievement of this long purpose. It is, perhaps, difficult for foreigners in general to appreciate the moving effect that such language must exercise upon the Japanese people, whose mental attitude toward their sovereign is still based on a profound belief in His Majesty's divine origin. We may be sure, however, that every Japanese will derive from this portion of the rescript a conviction that the nation's mood should be one of deep gratitude, and that the sovereign has invited his subjects to participate in his own satisfaction and to assist in completing it. Following upon these words comes a remarkable behest, which can not fail to derive added force from such a preface. The Emperor, addressing himself to his people, whose devoted loyalty in the discharge of their public duties is conspicuous, asks them to enter earnestly into his wishes, and all to unite with one heart in associating cordially with the people from afar, by which means, His Majesty says, the character of the nation will be upheld and the prestige of the empire enhanced. The significance that such expressions must convey to Japanese readers can scarcely be overestimated. Thoy have evoked comments of a very strong character from the leading vernacular journals, and they will come with the force of an irresistible command to the whole nation.

By the average foreigner, however, the last paragraph of the rescript will probably be read with most interest. It is not easy to convey, by means of any concise translation, the full value of His Majesty's language. In speaking to his officials of the responsibilities that devolve on them in carrying out the treaties, the Emperor uses the words "Chin ga tame ni," which literally mean, "for my sake," or "on my behalf," and which, in this context, amount to a frank declaration that the responsibilities primarily belong to the sovereign himself, and that he invites his officials to discharge them on his account. As to the manner of their discharge, His Majesty lays down the broad principle that both natives and foreigners must enjoy equal benefits and advantages, so that, all sources of dissatisfaction being removed, amity and peace with the powers may be strengthened and perpetuated. Nothing could be less equivocal. The Emporer declares in the plainest terms that it is his policy and desire to abolish all distinctions between natives and foreigners, and that, by pursuing that course, his people will best consult his wishes, maintain the character of the nation, and promote its prestige. It is a very gracious and enlightened rescript. worthy of the epoch and of the sovereign under whose government Japan has risen to a position never before attained by an Oriental state.

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