M.’s Charge d’Affaires ad int to Soyeshima Tane-omi, August 3, 1872

Mr. Watson to Soyeshima Tane-omi.

Sir: I beg leave to bring to your excellency’s notice the following facts in connection with a Peruvian vessel named the Maria Luz, now in the port of Yokohama, and enjoying the hospitality of the Japanese government.

This ship is engaged in the transportation of coolies from the coast of China to Peru. She has put into this port under stress of weather. The coolies on board are stated to be free emigrants, taking passage under contracts, the nature of which is not apparent. Some time ago a man was found (fortunately at night) alongside Her Britannic Majesty’s ship Iron Duke, in a state of extreme exhaustion. He was taken on board, and having partially recovered, stated that he had swam from the ship in question, and claimed the protection of the British authorities. As this is not a British port he was handed over to Her Majesty’s consul, and was transmitted by him to the Japanese authorities, who appear to have sent him back to the ship.

This is not the only case in which the alleged passengers of that ship have endeavored to place themselves beyond the reach of those in authority on board; and information having reached me that these men have been severely ill treated, I determined to go on board and inquire into the facts.

I did accordingly go on board, accompanied by the flag-lieutenant of the Iron Duke. The disinclination of the officers whom we found in command to show me the ship or allow me to see the alleged emigrants was very apparent, and it was only when I threatened to obtain what I asked through the assistance of the Japanese authorities that I was permitted to go below, but I was not allowed to take with me the Chinese interpreter whom I had brought with me, and who was the only unbiased medium through whom I could communicate with the alleged passengers. I refrain for the present from entering into the question of the accommodation afforded by the ship, as that may be a fitting subject of hereafter inquiry by your government. On my return to the upper deck I requested to see the man who had taken refuge on the Iron Duke, to whom I have alluded. After some hesitation the man was sent for. He appeared ill and to have suffered much, and upon my proceeding to ask him through my interpreter what had happened since his return to the ship, he was forthwith violently ejected by the mate from the cabin. This conduct raised in my mind a suspicion that lie had been ill used, a suspicion borne out by his appearance and by the fact that his tail had been cut off.

Under these circumstances I think it my duty to bring the matter before your government.

The coolie-trade between Macao and the western ports of South America, particularly the Peruvian, has been characterized by such barbarity and by such disregard to the rights of the Chinese government, that it has most justly excited the strongest feeling in Europe and all civilized countries. The contiguity of Japan to China, and the importance to both countries that nothing should disturb the good feeling at present existing between them, renders it most important that Japan should not permit its hospitality to be abused to the possible injury of natives of China.

Hitherto the shores of Japan have been free from the scandal of this abominable traffic, and I think that your excellency will agree with me in deeming that the surest way of preventing its extending would be for the government, promptly and without hesitation, at once firmly to avow its determination not only not to permit it, but to prevent, by every means within its power, the possibility of its being carried on by the subjects of other nationalities.

This Peruvian ship has claimed and has received the hospitality of the Japanese government, which hospitality is of course due alike to every one on board that ship, as well passengers as officers or owners; but in the present case there is grave reason to believe that more than one person on board has been treated in a manner which no law could sanction, and it appears that without reference to your government within whose jurisdiction every soul on board is, by the force of circumstances, placed. The officers have assumed the right to punish as criminals men of another nationality whom they allege to be no more than passengers. This, I submit, they had no right to do within Japanese jurisdiction and in the presence of Japanese tribunals, and their assumption appears to me not only a gross breach of hospitality extended to them, but an insult to your excellency’s government. Whether this be so or not I leave to your excellency’s better judgment to decide.

The circumstances that I have narrated appear to justify me in requesting you to exercise the power which you unquestionably possess to institute an inquiry into events which have occurred within Japanese waters, and in order to do this effectually I would beg to suggest that you should take my application as the basis upon which the inquiry should proceed; that you should interrogate the captain and mate of the vessel; that you should place your authorities in communication with the alleged passengers, and particularly with the first man who sought refuge on board the Iron Duke, and that you should moreover call upon the captain to produce any contract he may have made with his passengers, and likewise any regulation he may have on board for the observance of order on his ship.

As in the present instance the Chinaman in question was delivered up to the Japanese officials by the British authority, I consider that I have the right to request that you will do me the favor of informing me when the inquiry will take place, so that I may be present on the occasion, and you may rely on my rendering you every assistance within my power.

As I am informed that the Maria Luz is about to leave the port, measures should, I think you will consider, be taken to detain her.

Probably this might best be effected by her papers being stopped, but inasmuch as it is possible that every attempt may be made to elude inquiry, steps might perhaps be taken to place the ship under surveillance.

I need hardly say that as the ship is under the flag of a country having no treaty relations with Japan, no other power can control your right to take proceedings which the circumstances that I have detailed appear to me amply to justify and which common humanity demands.

I avail myself, &c.