To His Excellency John A. Bingham to Terashima Munenari , His Imperial Japanese Majesty’s, August 23, 1875

No. 391. Mr. Bingham to Mr. Fish.

Sir: I have the honor to inform you that on the 14th instant, Hon. William A. Richardson and Commander R. F. R. Lewis, U. S. N., in the absence of the admiral commanding the United States Asiatic squadron, visited Hachoji, in the province of Musashi, about eighteen miles distant from Yokohama, south of the river Logo, and within the limits defined in the seventh article of the treaty of 1858 between the United States and Japan. You will observe by the seventh article of the treaty that it is expressly provided that “in the open harbors of Japan, Americans shall be free to go where they please within the following limits: At Kanagawa, the river Logo (which empties into the bay of Yedo between Kawasaki and Shinagawa) and ten ri in any other direction.” The language of this provision leaves no room to doubt that Americans are free to visit at pleasure any point between Kanagawa and the Logo River, which lies north thereof and is made the northern boundary of the treaty-limit. These gentlemen having visited the place named, in the exercise of their privilege, were on the 14th instant arrested in Hachoji by Japanese police and detained in custody during that night. On the next day they were conducted to Yokohama under guard of the police and handed over to the Japanese officers at the police-station, where they were held in custody until late in the evening of the 15th, when they were finally released upon assurances given by Mr. Elmer, the jailer of the United States consulate-general, that they would appear if required to answer any complaint that might be made against them. There is no pretense that there was any ground of complaint against these gentlemen save that they visited Hachoji, in the exercise of their treaty-privilege, without passes. It cannot be that any pass is needed to enable Americans to go where they please within the treaty-limits. Upon being officially informed on the evening of the 15th by Consul-General Van Buren of the wrongful arrest and detention of these gentlemen, on the 16th I addressed to his excellency the minister for foreign affairs a note stating the facts, and requesting his immediate consideration of the matter, to the end that the offender in the premises might be punished, and that such further action might be taken by his excellency’s government as would assure the United States and the citizens thereof in future the full enjoyment of the privileges guaranteed by treaty, a copy of which communication is herewith. (Inclosure 1.)

On the 22d instant the minister for foreign affairs replied to my note, a copy of which reply is herewith. (Inclosure 2.)

You will observe that the minister clearly states that the two police officials who participated in this transaction at Hachoji and Yokohama ignorantly disobeyed orders, and did violence to the treaty-rights of the two citizens of the United States so wrongfully arrested, and that they, viz, Ito Shigehide and Yoshimura, have been dismissed because they acted without authority and in an unbecoming manner in the premises. The minister also states that he desires that the sincere regret of his government be communicated to Mr. Richardson and Commander Lewis “for the injustice and indignity put upon them,” and adds that, to guard against a recurrence of such usage, the government has taken steps which it is hoped will prove effectual. This morning I addressed a communication to the minister for foreign affairs acknowledging the receipt of his dispatch of the 22d, a copy of which I have the honor to inclose. (Inclosure 3.)

You will observe that I have ventured in this reply to express the hope that the action taken by his excellency’s government, if given to the public by due official notification, will be satisfactory to my Government. I make this suggestion to the minister because all duties enjoined by this government, so far as I am advised, are published in the official organ in the form of a notification or imperial decree. As this was the course pursued last year when the British minister complained of the wrongful arrest of a member of his escort within the British legation, I deemed it proper to call his excellency’s attention to the precedent in that case, and to ask that it be followed in this instance, believing that it was due alike to both governments that such public notification should be given, and that it would go far to prevent like violations of the rights of American citizens in the future.

Since writing the foregoing, I am in receipt of the reply of the minister for foreign affairs to my note of this morning, a copy of which reply I have the honor to inclose herewith. (Inclosure 4.) It seems to me that the action taken, as hereinbefore stated, and the notification to be given, as stated in inclosure 4, are all that could be asked of this government toward the redress of a wrong committed by its inferior officials in violation of instructions and in ignorance of their duties, and which wrong the government condemns and visits upon the officials who committed the same the punishment of dismissal from the public service.

Trusting that my action and the action of this government in relation to the wrongful arrest and detention of Mr. Richardson and Commander Lewis may meet your approval,

I am, &c.,