John A. Bingham to Terashima Munenori , His Imperial Japanese Majesty’s, March 3, 1876

Mr. Bingham to Mr. Terashima.

Sir: For the information of my Government, and in compliance with instructions therefrom, I have the honor to inquire of your excellency whether there is any general and uniform system and mode of procedure for the investigation and determination of claims preferred or held against the government of His Imperial Japanese Majesty by the government of any foreign power or any citizen or subject thereof.

I am instructed to obtain full information on this subject, and to report the same to my Government, and to that end I beg leave to request, at as early a day as may suit your exce lency’s convenience, replies to the following inquiries:

• Are claims against your excellency’s government investigated, determined, and, if allowed, their payment directed and provided for by the legislative branch of the government?
• If the legislative authority does entertain such claims, what is the mode of procedure, by committee or otherwise, and what means, if any, are provided for procuring evidence on behalf of your excellency’s government?
• What provision, if any, is made for the determination of claims by the executive department? What is the mode of procedure in the investigation of claims by or before executive officers, and what means are provided for procuring evidence on behalf of your excellency’s government?
• Is there any provision of law allowing a Japanese subject to sue your excellency’s government in the regularly-established courts or in any special tribunal, and does the privilege of maintaining an action against your government (if it exists) extend to aliens?
• What is the status of aliens before the regularly-established courts of your excellency’s country? Can they maintain an action in such courts against a Japanese subject, and, if so, does the privilege extend to all aliens, or is it confined to resident aliens only?
• If different systems of adjudication exist as regards different classes of claims, what is the system with reference to each class, and what the mode of procedure and the privileges of your excellency’s government in relation to evidence in its behalf and the means of procuring such evidence?
• Please add any other information, general or special, of which your excellency may be possessed bearing on the subject.

I have the honor to be, sir, your obedient servant,