To His Excellency John A. Bingham to Thomas B. Van Buren , United States, May 20, 1875

No. 383. Mr. Bingham to Mr. Fish.

Sir: I have the honor, in compliance with your instruction No. 115, of 7th January last, to inclose herewith a copy of my dispatch to Consul General Van Buren, on the subject of my inquiry, made in obedience to your instruction, (inclosure 1,) and also copies of the several answers thereto transmitted by him to me, as per inclosures 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, respectively. With the exception of the consuls of Germany and the Netherlands, it does not seem that the consuls in Japan have any authority to make local regulations having the force of law or to issue licenses in the open ports.

You will observe the convention, so called, (inclosure 11,) is a clear recognition, by the foreign representatives who signed it, that the power to make municipal regulations for the foreign settlements in Japan is within the authority of the Japanese government; hence they petition that government to adopt the municipal regulations for Yokohama by them recommended.

The Nagasaki regulations (inclosure 8) seem to me to have been agreed upon without the authority of law.

I submit the several inclosures as the fullest replies to the several inquiries made in your instruction which I have been able to obtain.

It seems to me that the local municipal and police regulations in the several open ports should be made by the authority of the Japanese government, and the violations thereof by the subjects or citizens of the treaty-powers should be punished by the consuls severally of those powers, in accordance with the laws of their respective governments. To confer the legislative power upon the several consuls for such local government might lead to some conflict of opinion among them. It is not, to my mind, clear that Congress could delegate legislative power either to our consuls or diplomatic representatives, while it is not to be doubted that Congress has the power to pass all necessary and proper laws to carry into effect our treaty with Japan, and, to that end, to authorize the trial of our citizens before American consular courts in Japan for every infraction by them, in Japan, of the treaty, of our statutes, or of the laws of Japan not inconsistent with our laws or with the rights guaranteed by treaty.

I am, &c.,

Extract in regard to the jurisdiction of German consuls.

Section 17.

“Every consul has the right to issue police-rules, with binding power, for those persons who are under his jurisdiction, and to levy a fine not exceeding thalers 10 ($7) in case of non-compliance.

“These rules have to be transmitted to the legation, or to the minister for foreign affairs. The envoy plenipotentiary, as well as the minister for foreign affairs, have the right to annul the police laws of the consular court.”

Mr. Kraetzer to Mr. Van Buren.

M. le Consul-General: I did not deem it possible that the circular which you have done me the honor of addressing me, the 1st of April, could be addressed me, because in the consular union, where we occupy ourselves with these regulations, I have had the honor to make known the fact, verbally, that France has no special laws for the consulates; that I have no special rule to promulgate; but that it is my business to cause to be respected the French laws in general, (in the usual French code.) That all the French laws are regulated for Frenchmen in countries of jurisdiction, (where bodies of magistrates preside,) these Frenchmen being considered in the same light as inhabitants of France, (or of a French country.) The only differences that exist are in the procedure, which is regulated by the edict royal of June, 1778, and the laws of July 8, 1852, and of March 9, 1882.

Receive, Monsieur le Consul-General, the assurance of my most distinguished consideration.