John A. Bingham to Terashima Munenori , His Imperial Japanese Majesty’s, March 6, 1876

No. 192. Mr. Bingham to Mr. Fish.

Sir: * * * * * * *

On the 3d instant I addressed to Mr. Terashima, the minister for foreign affairs, a dispatch asking to be informed in regard to the mode of adjusting claims presented against the Japanese government by foreign governments and the citizens or subjects thereof, and also requesting a reply specifically to the several inquiries of the instruction, a copy of which dispatch is herewith. When the reply is received from the foreign office, I shall lose no time in transmitting the same to the Department.

From the information already gained by conversation and official communications with the Department, it is my opinion that all claims against this government are determined by its executive departments upon ex parte evidence, save where a submission is made to arbitration, and that His Majesty, with the advice of his council, (Daijo Kuan,) appropriates from the treasury the money for the payment thereof. So far as I know the mode of procedure as to the claims of foreigners, it is to present the same in writing to the foreign office through the diplomatic representative of the foreign government or foreign citizen or subject in interest. I am of opinion that this government is not liable to be sued in any judicial tribunal of the empire. I am also of opinion that any citizen or subject of a treaty power resident or non-resident in Japan can maintain an action against Japanese subjects in the courts of His Majesty, but that foreigners not citizens or subjects of a treaty power, unless resident here, cannot maintain such action here.

This is all that with my limited information I can at present say upon the subject. I regret that the circular of June 23, 1874, did not reach me sooner.

I have, &c.,