De Long to the ministers of foreign affairs, August 31, 1872

Mr. De Long to the ministers of foreign affairs.

Your Excellencies: The captain of the Maria Luz, a Peruvian citizen and an officer of that government, in command of a vessel now at anchor in the port of Yokohama, has addressed me a letter, (inclosure No. 1,) inclosing therewith a copy of a note addressed by him to the Kanagawa kencho, (inclosure No. 2,) with a copy of the reply of the Kencho thereto, (inclosure No. 3.) It will be seen that the captain complains that your local authorities at this port, having summoned his Chinese passengers to land at this port to give evidence in a proceeding set on foot in part by a complaint made to you by Her Britannic Majesty’s chargé d’affaires, and in part by your own direction, now holds those Chinese in confinement, and refuses either to order their return on board the Maria Luz or to extend any aid to the captain to restore them to his ship. I inclose also for your excellencies’ consideration a published copy of the judgment of your Kencho in the above-mentioned proceedings, (inclosure No. 4;) and also refer your excellencies to the following language addressed by your Kencho to the captain, through the interpreter, after having rendered judgment, to wit: “As the Chinamen have determined not to return on board ship, they will be detained here for a few days in charge of officers appointed to look after them, so that if any action be brought on their contracts they can be found.”

Your excellencies have been officially informed by me that at the instance of the government of Peru I have been requested by the honorable Secretary of State of the United States to act for the Peruvian government in this empire in all matters not incompatible with my instructions as the representative of the United States.

That, under such request, I have assumed to act for the government of Peru, and in such capacity I have heretofore been fully recognized and treated with by your government.

Distinctly disavowing any wish or desire to influence your excellencies in your action relative to this matter, and frankly admitting my abhorrence for the so-called coolie-trade, yet, as I have undertaken a charge for a power friendly to my own Government, whose citizen, Captain Heriero, is now here involved in trouble and totally powerless to approach you officially except by my assistance; and as he has appealed to me to aid him to the extent of placing his complaint before you, I feel that I am not acting in contravention of my duties as the representative of the United States and only fulfilling the obligations I have assumed for the Peruvian government in herewith forwarding these communications and in asking you to officially inform me, that I in turn may advise the Peruvian government if it is true—

That by and with your advice and direction the investigation at the Kencho in Yokohama was called and held.

If the Chinese summoned by your authorities and brought on shore from the Maria Luz to give testimony as witnesses are now, by your direction, held in custody?

If you authorize and sustain thee Kncho in refusing to return them on board the Maria Luz?

And if these things are true, by virtue of what law, custom, or precedent such action has been or is now being taken?

I trust that your excellencies will favor me with an early and explicit reply to this note, as the Maria Luz is being detained to await your final advices.

I also trust that orders will be given directing your Kencho at this port to take no other or further action until I am advised of your final determination of this matter.

I have, &c.,