To His Excellency John A. Bingham to Terashima Munenor, September 7, 1875

No. 392. Mr. Bingham to Mr. Fish.

Sir: Referring to my No. 257, of date August 23, 1875, in relation to the wrongful arrest and detention of the honorable William A. Richardson and Commander R. F. R. Lewis, United State Navy, by the police at Hachoji and Yokohama, I have the honor to inform you that on the 30th ultimo I received from the minister for foreign affairs the imperial notification in relation thereto, and on the 31st the official translation thereof, a copy of which translation is herewith inclosed. (Inclosure 1.) This translation was promptly published by Sanjo Saneyoshi, the prime minister of His Majesty the Emperor, and has also appeared in the English journals of Yokohama. You will observe that the notification declares the right of foreigners to travel freely within treaty-limits; that the arrest of Commander Lewis and Mr. Richardson by the police at Hachoji was wrongfully made, inasmuch as that village is within the treaty-limits and the jurisdiction of Kanagawa ken; that the police officials acted in the premises in disregard of instructions given them by the government, and have therefore been dismissed from the service; and that instructions are directed to be given to the police to prevent the recurrence in future of like interference with the treaty-rights of foreigners.

On the 6th instant I addressed to his excellency the minister for foreign affairs a dispatch acknowledging the receipt of the notification and the official translation thereof, and expressing the hope that the same, together with his excellency’s letter of the 22d ultimo, addressed to me on the same subject, would be satisfactory to my Government. A copy of my dispatch of the 6th instant is herewith, (inclosure 2,) and a copy of the letter of his excellency of the 22d ultimo was transmitted in my No. 257, as inclosure 2, to which I beg leave to refer.

Inasmuch as the minister for foreign affairs, in his letter of the 22d ultimo, requested that I should communicate the same to Commander Lewis and Mr. Richardson, on the 25th instant I forwarded a copy thereof to each of those gentlemen, and on the 30th ultimo I received from them a communication, under date August 28th, thanking me for the action taken by me, and expressing their entire satisfaction with the course pursued by the Japanese government in declaring the conduct of the police a violation of treaty guarantees, and making known the sincere regret of the government that such injustice had been done, and that such indignity had been put upon them. I have the honor to inclose a copy of the letter of these gentlemen.

It seems to me, in view of the fact that no special damage was done to the persons of the gentlemen arrested, that the prompt disavowal of the lawless acts of the police, their immediate dismissal from service, and the efficient action taken by the government to prevent such wrongful arrests in the future, are gratifying evidences of the purpose of this government to assure to all citizens of the United States, and to the citizens and subjects of other treaty-powers as well, the full enjoyment of their treaty-rights and privileges, and deserve the express recognition and approval of our Government.

Notwithstanding the clamor for satisfaction by persons not immediately concerned nor authorized to speak for Japan or for either of the treaty-powers, I am of opinion that no further satisfaction than has been so promptly given in this case could be demanded, save upon the hypothesis that a government is to be punished for every lawless act of its petty officials, committed in ignorance of duty and in violation of express instructions. The adoption of any such rule would surely imperil the peace of nations and insult the enlightened judgment of mankind.

I respectfully submit the action taken in the premises by me and by this government to your consideration, and beg leave to express the hope that both may meet your approval.

I am, &c.,