States from the new installment of the Simonoseki indemnity, as special damages, according to the arrangement made between the four powers; and, when paid, you may remit it by bill to Messrs. Morton, Rose & Co., in London, to be passed to the credit of the United States. The subject of releasing the Japanese government from the payment of the residue of the indemnity has been twice before Congress without action. Had the other powers interested refrained from collecting their portions, this Government would not have been disposed to press for its portion, notwithstanding the refusal of Congress to act on the subject. But as the other governments interested have been paid, you will make known to the Japanese government our expectation of being treated in the same manner, and your readiness to receive an install. ment equivalent to the sums paid to each of the other powers. When this shall be paid to you, you will, in like manner, remit it to Messrs. Morton, Rose & Co., to be placed to the credit of the United States, and will in each case notify the Department of your action. * * It has been the policy of the United States to act in concert with European powers in Oriental matters. The President has considered your suggestions respecting possible political or commercial objects of other powers conflicting with the interests of the United States, and he has come to the conclusion that it is for the interest of this country to continue the harmonious co-operative action which has been maintained by your predecessors. Treaty advantages gained by any other power must inure equally to the benefit of the United States under the provisions of article 9 of the treaty of 1854. If by reason of want of inertness of capital caused by a vicious system of taxation, American citizens cannot take advantage of them for the moment, the disabilities cannot last long, and the time must inevitably come when Americans will enter and enjoy the rich field which may be explored and opened by others for their use. The Department, therefore, desires that you will act in harmony with your European colleagues as your predecessors have acted. If at any time you differ with them, there will probably be time enough allowed you to take the opinion of your government. Should there not be, you will act on your own judgment, assured that your action will be appreciatingly judged by the Department. Respecting the particular proposal of your colleagues for liberty to visit the interior, you will accede to it, with the modification as to Ameri cans, respecting the proposed payment to consuls, which was suggested by my No. 14 of the 7th November. I am, &c., HAMILTON FISH. No. 76.] No. 429. Mr. Bingham to Mr. Fish. UNITED STATES LEGATION, JAPAN, Tokei, April 22, 1874. (Received May 25.) SIR: I have the honor to inform you that for some days during the past week there were rumors that the government of Japan was about to send a military and naval expedition to Formosa for hostile purposes against the island, and that an American ship, the New York, belonging to the Pacific Mail Steam-Ship Company, and three citizens of the United States, viz, General C. W. Le Gendre, Lieut. Commander Cassell, and Mr. Wasson, together with an English ship, the Yorkshire, had been engaged by the Japanese government to accompany the expedition. On the 18th instant I addressed to the minister of foreign affairs a note, (inclosure 1,) and also called upon him personally, and made inquiry about the truth of the rumors as to the employment of American ships and citizens in such expedition. In this interview the minister said that it was not the intent of Japan to commit a hostile act against China, or any portion of the people of China in Formosa, but simply to demand of the aborigines of Formosa satisfaction for cruelties inflicted by them upon Japanese mariners wrecked upon the coast of Formosa; and that to effect this purpose the government was sending, with the knowledge and consent of China, a high commission to Formosa, under the protection of an armed force, to obtain amicably from the aboriginal chiefs a convention, which in future would prevent cruelty to the shipwrecked Japanese seamen. Having insisted upon a definite and immediate reply to my note of the 18th instant, on the 19th I received a note from the minister of foreign affairs, (inclosure No. 2,) with accompanying memorandum, (inclosure to inclosure No. 2,) in which you will note that the minister reiterates his verbal statement to me, that his govvernment is on the point of sending a high commission to the aborigines of Formosa, and that troops accompany the mission for protection; and that his government is far from entertaining even the slightest intention of performing any hostile act against China. This paper clearly disclosed the fact that the expedition was about to proceed to Formosa and take such measures, 66 upon inflicting fitting retribution on the Formosans," as would enable the people of Japan to hereafter navigate their waters with safety, &c., and omitted any statement that this was to be done with the consent of China, whose jurisdiction over the island is admitted in the memorandum, and is therein attempted to be excluded from that portion of the island occupied by "these savages,” upon the verbal reply of Tsung-li-yamun a year ago to the Japanese embassador that the country of the aborigines of Formosa did not belong to China. It seemed to me that this declaration of the purpose of the expedition, to commit hostilities against the Formosans without any satisfactory evidence of the assent thereto of China, whose territory and jurisdiction were to be invaded by the expedition, called for renewed protest on my part against employing American ships or citizens in such service. I immediately addressed to the minister for foreign affairs a reply to his dispatch of the 19th instant, (inclosure 4,) in which you will observe that I declare to him that I again protest against the employment of any ship or citizen of the United States in a military or naval expedition against Formosa until the written consent of China be first obtained in approval of the proposed expedition to that island. It is proper to say that I consider my power in this behalf thus to interfere in any proposed action of the government of Japan against the territory of China in Formosa to be defined and limited by the act of June 22, 1860, (Statutes at Large, vol. 12, p. 72,) entitled "An act to carry into effect the provisions of the treaties between the United States, China, &c." The twenty-fourth section of this act gives jurisdiction to the minister on certain conditions, and declares that it shall be competent for the minister in Japan to issue all manner of writs to prevent the citizens of the United States from enlisting in the military or naval service of either of said countries to make war upon any foreign power with whom the United States are at peace. I have the honor to call your attention especially to the demand, in my dispatch of the 19th instant to the minister for foreign affairs, that the American citizens and ship employed by the Japanese government in this expedition be detained from proceeding to Formosa with the expedition until the written consent of China thereto shall have been obtained. This demand is made upon the twenty-fourth section of the act cited, and, in my opinion, the written consent of China to the expedition and its purposes being first had, I would have no authority under the law to press my demand upon the Japanese government, for the prohibition of the statute only restricts employment in the military or naval service of Japan, &c., to make war upon a foreign power with which the United States are at peace. The consent of China being had to invade her territory in Formosa, excludes the conclusion that such invasion could be an act of war upon any foreign power, China being the only power in possession or claiming that island. Although no reply to my dispatch of the 19th has been given, I have received verbal communica tions from the minister for foreign affairs to the effect that the expedition will not proceed to Formosa, nor to any other part of the Chinese Empire without the written and authenticated consent and approval of the Chinese government thereto. I am also verbally informed by the minister that the proclamation (inclosure 5) of Sanjo, prime minister, has been recalled. I also deemed it my duty to place in the hands of the minister for foreign affairs, with my dispatch of the 19th instant, notices in writing to Messrs. Le Gendre, Cassel, and Wasson, American citizens employed in this expedition, to the effect that they should not proceed in this military and naval expedition to Formosa until they have received further official orders and authority for so doing. I was assured yesterday by the minister, that the notices to Messrs. Cassell and Wasson were delivered on the 19th instant, and that the notice to General Le Gendre was forwarded to that gentleman at Nagasaki, where it would reach him before he went further. Although the vessels of this expedition have sailed from this port to Nagasaki, I feel justified from the assurances given me by the minister for foreign affairs in asserting that no hostile act will be committed or attempted upon any foreign power with which the United States are at peace. It has been my desire faithfully to discharge my duty and to maintain the rights of the United States in the premises, and, in doing so, to avoid the appearance of any unwarranted interference with the rights which pertain to Japan as a sovereignty. I submit the matter to your consideration, hoping that my action thus far will meet your approval, and especially desiring, should any new exigency arise of which you may be apprised by telegram, that you will, if you deem it important, instruct me by telegram. I am, &c., JNO. A. BINGHAM. [Inclosure 1 in No. 76.] Mr. Bingham to Mr. Terashima. UNITED STATES LEGATION, JAPAN, com YOUR EXCELLENCY: For the first time I learn, by an article in the Japan Daily Herald of the 17th instant, that the Japanese expedition, now being fitted out, prehends within its scope effecting a settlement on and subsequently, if permitted, a permanent occupation of the eastern side of the island of Formosa." It is also asserted in the same article that "American ships have been employed to sail under the American flag on what must be regarded, in the absence of the necessary authoritative declarations, as a semi-filibustering expedition, and that Mr. Bingham, the American minister, has tacitly, if not expressly, sanctioned such employment," and that "the American government has so far sanctioned the expedition as to grant leave to officers in its service to identify themselves with it," &c. Inasmuch as these charges gravely imply that your excellency's government is about to commit an act of war against China, or a portion of her people, I beg leave to know whether any ships of the United States have been chartered under the authority of the government of Japan to engage in a military expedition against and hostile to Formosa, and whether any officers or citizens of the United States have been employed by the government of Japan in such expedition. It is due to myself to say that I have at no time been consulted about employing American ships or officers for any such hostile purposes. I was assured by two American citizens, who were invited to take employment in your excellency's government, that they were not to engage in hostilities against any power whatever, and that no act hostile to China or any portion of the people thereof, or any other power with which the United States is at peace, was contemplated by your excellency's government. It is due to my government that I should know at once whether any such hostile purposes are entertained by your excellency's government toward China, or any portion of her people, or any other power, as are attributed to it by the article I have cited, and I have the honor to request that your excellency will advise me without delay and definitely on that subject. Without assuming that any such purposes are entertained by the Japanese government, I beg leave to say that it is my duty in the name of my Government to protest, as I do hereby protest, against the employment by your excellency's government of any ship or any citizen of the United States in any military or naval expedition hostile to the government or authority of China, or to any portion of her people, inasmuch as such employment is expressly forbidden and prohibited by the laws of the United I am, with great respect, your excellency's obedient servant, States. JNO. A. BINGHAM. [Inclosure 2 in No. 76.-Translation.] Mr. Terashima to Mr. Bingham. TOKEI, the 19th, 4th month, 7th year Meiji. YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's dispatch dated the 18th April, 1874, in which you state that you have learned, by an article in the Japan Daily Herald of the 17th instant, published at Yokohama, that a Japanese expedition to Formosa being now fitted out "comprehends within its scope a permanent occupation of the eastern side of the island of Formosa," and that it is also asserted in the same article that American ships have been employed to sail, and also that you have tacitly sanctioned such employment, and that your Government has sanctioned to engage your officers, &c. The foregoing article implies that my government is about to commit an act of war against China or a portion of her people. In the same dispatch you express your anxious desire to know at once whether any ships of your country have been chartered under the authority of my government to engage in such expeditions against and hostile to Formosa, and whether any such hostile purpose is entertained by my government toward China and any portion of the people thereof. I beg leave, in reply, to say that, as I have detailed to you in our last interview, my government is on the point of sending a high commission to the aborigines of Formosa, to take such proper measures as will enable our people-upon our inflicting fitting retribution on the Formosans, who have recently pillaged and maltreated countrymen of ours cast away upon their coasts -to hereafter navigate their waters with safety. As a precautionary measure, however, and in case they should threaten to oppose our mission, troops accompany the expedition to guard against any emergency or opposition. My government is far from entertaining even the slightest intention of performing any hostile act against China. Your excellency will perceive from what precedes that the officers and ships of your nationality engaged in this service are employed in a quiet and amicable undertaking, and without any hostile intent. For your excellency's further information I have the honor to inclose memorandum concerning the present expedition to Formosa. I am, with respect and consideration, your excellency's humble servant, His Imperial Japanese Majesty's Minister for Foreign Affairs. His Excellency JOHN A. BINGHAM, Envoy Extraordinary and Minister Plenipotentiary of United States of America in Japan. [Inclosure 3 in No. 76.-Translation.] MEMORANDUM. Memorandum concerning a high commission about to leave Japan for aboriginal Formosa, accompanied by a force sufficient for its protection, to inquire into the circumstances of the murder of fifty-four Japanese subjects there in December, 1871, and to take such steps as may be required to prevent the recurrence of such atrocities. The cruel treatment of castaways by the inhabitants of aboriginal Formosa has long been a subject of much solicitude to mariners and to the government whose duty it is to afford them protection in their perilous avocations, and in more than one case western powers have had to resort to act of war against these tribes to punish them for their crimes. (*) At least eighteen of the southern tribes, under the chief Tanketok, being convinced they could not resist the power which experience had taught them could be brought to bear against them by England and America, made an agreement with the United States consul for Amoy and Formosa in 1867 to protect castaways. (†) To this agreement they have ever since remained remarkably faithful. (†) The eastern coast of aboriginal Formosa being very little known, it was indispensable, in order to prosecute the work of pacification of the tribes north of Tanketok's dominions, to first thoroughly explore it; and as this would have entailed considerable expense and labor, it was not followed up by any one until a circumstance occurred which has rendered it imperative for Japan to take an active part in this humane task. On the 11th of December, 1871, sixty-six Japanese subjects were wrecked on the eastern coast of aboriginal Formosa, in about latitude 22° 18′ north, and all except twelve, who made their escape, were murdered by the Bontans, one of the tribes of that region. On the 8th of March, 1873, four Japanese subjects were wrecked on the coast, (Mafoke,) and all the cargo on board their junk and everything in their possession was robbed. When our embassador went to Peking last year, and asked that an adequate punishment should be inflicted on these savages, the Tsung-le-yamen replied that their country did not belong to China. A reference to Chinese maps, whereon, of all that was known of the island of Formosa by the Dutch in 1635, only the Chinese possessions therein-that is to say, the northern and a portion of the western coast-were marked, convinced our embassador that not only was His Imperial Chinese Majesty's government sincere in making this affirmation, but that it really had no desire to extend its sway over the island farther than the natural boundary formed by the chain of mountains that separates Chinese from aboriginal Formosa and stretches from Pong-lee to San-o Bay. On the return of the embassy to Tokei orders were issued to make preparations for a high commission to be sent to aboriginal Formosa to investigate the circumstances of the murder of our countrymen, and to take such other steps as may be found necessary to insure the non-recurrence of such tragedies there. These preparations being com (*) The Dutch sent an expedition against the Bontans, 1654. (See relation de la prise de l'isle For mosa, par les Chmois, le cinquiesme Juillet, 1661, tradnite de l'Hollandois; Paris, MDCLXIII pages 36 and 37.) Her Britannic Majesty's steamer Cormorant, Captain Broad, bombarded the Koaluts on the 26th of March, 1867; Admiral Bell landed a force of marines at Kewaliang Bay, in June, 1867. (See Report of United States Secretary of Navy, 1867, pages 54 to 57.) (f) An effort was made at this time by the consul to induce the Chinese to annex that portion of aboriginal Formosa that lies south of Pong-lee, (see United States Diplomatic Correspondence for 1868-69, pages 505 to 510,) but the central government declined doing so. (See United States Commermercial Relations for 1869, page 69.) (2) Wreck of Bashee planders (?) September, 1869. (See Customs Gazette, published by order of inspector-general of customis, Shanghai, December 9, 1869, page 64.) Wreck of Mr. Horn, in November, 1869. (See Customs Gazette, quoted above, 17th February, 1870.) Wreck of London Castle, in July, (See official manuscript narrative of the occurrence, by Mr. Pelham Warren, of Her Britannic Majesty's consulate, Tokei.) 1871. |