To His Excellency John A. Bingham to Thomas B. Van Buren, November 30, 1874

Mr. Bingham to Mr. Van Buren.

Sir: In reply to your No. 368, of date 28th instant, inclosing a copy of penal regulations prepared by the British consul for the government of British subjects residing in Yokohama, I have to say that while it is exceedingly desirable that some legal regulations should be made in the premises so as to control the retail of ardent spirits, the keeping of disorderly houses, &c., I doubt much whether the penal provisions of the proposed regulations can be enacted by an American consul or minister into law for the government of American citizens. I give you this opinion under the impression that the scope of instructions heretofore given by the Department to this legation justifies the the conclusion at which I have arrived.

I would say further that it is my opinion that the power has not been conferred by the United States upon the consuls or minister in Japan to enact penal laws for the government of American citizens resident therein, while, in my judgment, the British minister is authorized to so legislate over British subjects in Japan. I shall ask the instructions of the Department on the subject, to the end that you may be fully advised of your powers in the premises.

I am, sir, your obedient servant,