Letter

HA WES, United States Consul to Thos. B. Van Buren , United States, April 26, 1875

[Inclosure 9 in No. 228.]

Mr. Hawes to Mr. Van Buren.

Sir: I am in receipt of your letter No. 684, dated April 2, inquiring, by direction of the American minister, what powers, if any; are exercised or claimed by the consular board, or any of the consuls resident in Hakodadi, to make laws or regulations having the force of law at this port, and how such power, if exercised, is conferred. Also, upon what authority the general police and municipal regulations are adopted and made binding.

In reply, I have to state that no rules nor regulations in regard to licenses or any other subject have been made at Hakodadi by the consuls, either collectively or separately, except some harbor regulations which were at one time drawn up and adopted in a somewhat irregular manner, but which have since been formally annulled by the consuls conjointly.

Exclusive jurisdiction in all civil and criminal proceedings against or between citizens or subjects of foreign countries at this port, is conceded by the local authorities to, and is exercised by, the consul representing the nationality of the party or parties immediately concerned, the action of the consul being governed by the laws of his own country. The same is true substantially of the local municipal and police regulations. So far as foreigners are concerned they are only arrested, tried, and punished by or through their respective consuls, acting independently of each other. We have no organized foreign police. The municipal and police regulations of Hakodadi relate, principally, to Japanese, and, of course, are made and enforced by Japanese authority. Lest this paragraph lead to a misapprehension, I will state that, speaking for myself only, I should deem it proper to enforce the observance by American citizens of any reasonable regulation of the local authorities, if occasion should require; but no case has ever occurred which called for my action in this direction.

Trusting that my answer to your inquiries is sufficiently explicit to meet your wishes, I have the honor to be very respectfully, your obedient servant,

J. H. HA WES,
United States Consul.

Gen. Thos. B. Van Buren, United States Consul-General, Yokohama.

Sources
FRUS u2014 Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P.