Van Valkenburgh to William H. Seward, February 24, 1868

Mr. Van Valkenburgh to Mr. Seward.

Sir: I have the honor to inform you that on the 14th instant I received from Higashi Kuze Saki No Shosho, the envoy of the Mikado, a communication, stating that in consequence of the revolt of Tokigawa Yoshinobu, (the Tycoon,) a prince of the blood of the second rank had been appointed commander-in chief of the army of execution, and also asking that strict neutrality be observed on the part of citizens of the United States. Similar letters were addressed to each of the foreign representatives at the same time. I inclose a copy, marked No. 1. We immediately held a conference and had the matter under discussion from day to day until the 18th instant, when, after careful examination, we agreed upon the terms of a notice to be issued by us respectively, and bearing date on that day. I inclose, marked No. 2, a printed copy of the one issued, and No. 3, copies of those issued by my colleagues, the representatives of France, Great Britain, Italy, the Netherlands, and Prussia. I also enclose (No. 4) copy of my letter transmitting these notices to the United States consul at Kanagawa, similar letters having been forwarded by me to the vice-consul at Nagasaki and the consular agents at Hiogo and Osaka. I shall also, by the first opportunity, send copies of the notice to the acting consul general at Shanghai, and also to Hakodadi. It is now more than sixteen days since we have heard from Yokohama direct, the opportunities for communication being very few. At that time the Stonewall had not arrived. Whether she has since arrived and been delivered to the Tycoon it is impossible for me to say. I have not been informed of the nature of the instructions given to her commander, and do not know the expected time of arrival. The question of her delivery, under this complication of affairs, has given me great trouble. I am informed by the representative of Great Britain that there are several men-of-war which have been built in England for some of the Daimios, now acting with the Mikado, on their way out for delivery, and one or two of them are almost daily expected. The situation of affairs is such that the delivery of these vessels at this juncture might prolong this unhappy contest to an interminable length, and have the effect to ruin all foreign trade and commerce in this country.

The Tycoon is still strong east of the Hakim Mountains, having Yedo for his capital, and nearly one-half of Japan is said to favor his position and may fight under his banner. He has the Kaio Maro, a beautiful frigate of about 2,500 tons measurement, and carrying twenty-six guns, built expressly for him in Holland, the Fusiyama, built in the United States, and several steam and sailing vessels and gunboats of smaller size. Some of the Daimios, now in alliance with the Mikado, have each several steamers and gunboats, each party being possessed of quite a squadron. I am of the opinion that there is but one vessel in all the squadrons now in these waters that can successfully compete with the Stonewall if she were properly managed, and that vessel is the English iron-clad Ocean. Such, also, is the opinion of all the naval officers with whom I have consulted upon the subject, or heard express an opinion. The Tycoon, with the Stonewall in his possession, would at once command the seas; could blockade successfully Osaka, Hiogo, and Nagasaki, all now in possession of the Mikado, cutting off all communication, and thus prevent the carrying on of any business, and endanger the lives and property of our countrymen.

After mature deliberation and frequent consultation with all my colleagues, who agree with me upon this question, I have written a letter to Mr. Portman, secretary of our legation, who is now at Yokohama, and instructed him, in case the Stonewall should not have been delivered to the Tycoon before the reception of my letter, to prevent such delivery if possible, and to detain her at Yokohama, or send her to Hong Kong for detention until I shall have returned, when I will probably cause her further detention until I have received instructions through you, sir, in regard to her. I believe it to be the only course I can pursue under the circumstances, having due regard for the honor and the interests of our government.

I inclose (No. 5) copy of my letter to Mr. Portman upon this subject. I have asked Mr. Portman to communicate to the department such information as he may obtain at Yedo and Yokohama during my absence from those places.

Trusting that my action in this matter will be approved by the President and yourself, and that I shall soon be favored with instructions, I have the honor to be, sir, your very obedient servant,

Extract from an act to prevent the enlisting or engaging of Ms Majesty’s subjects to serve in foreign service, and the fitting out or equipping in his Majesty’s dominions, vessels for warlike purposes, without his Majesty’s license. (3d July, 1819.)

II. And he it further declared and enacted, That if any natural-born subject of his Majesty, his heirs and successors, without the leave or license of his Majesty, his heirs and successors, for that purpose first had and obtained, under the sign manual of his Majesty, his heirs and successors, or signified by order in council, or by proclamation of his Majesty, his heirs or successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a soldier, or to be employed or to serve in any warlike or military operation in the service of, or for, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or of any person or persons, exercising, or assuming to exercise the powers of government in or over any foreign country, province, colony, or part of any province or people, either as an officer or soldier, or in any other military capacity; or if any natural-born subject of his Majesty shall, without such leave or license as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment as an officer, or shall enlist or enter himself, or shall agree to enlist or enter himself to serve as a sailor or marine, or to be employed or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out or equipped, or intended to be used for any warlike purpose in the service of, or for, or under, or in aid of any foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people; or if any natural-born subject of his Majesty shall, without such leave and license as aforesaid, engage, contract, or agree to go, or shall go, to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent or in order to enlist or enter himself to serve under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or in the service of, or for, or under, or in aid of any person or persons exercising, or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or a soldier, or in any other military capacity, or as an officer or sailor or marine in any such ship or vessel as aforesaid, although no enlisting money or pay or reward shall have been or shall be in any or either of the cases aforesaid actually paid to, or received by him, or by any person to or for his use or benefit; or if any person whatever, within the United Kingdom of Great Britain and Ireland, or in any part of his Majesty’s dominions elsewhere, or in any country, colony, settlement, island, or place belonging to, or subject to his Majesty, shall hire, retain, engage or procure, or shall attempt or endeavor to hire, retain, engage or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, for or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or for, or under, or in aid of any person or persons exercising or assuming to exercise any powers of government as aforesaid, or to go or to agree to go, or embark from any part of his Majesty’s dominions, for the purpose or with intent to be so enlisted, entered, engaged or employed as aforesaid, whether any enlisting money, pay, or reward shall have been, or shall be actually given or received or not—in any or either of such cases every person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted.

VII. And be it further enacted, That if any person within any part of the United Kingdom, or in any part of his Majesty’s dominions beyond the seas, shall, without the leave and license of his Majesty for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavor to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or storeship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects of any prince, state, or potentate, or against the persons exercising or assuming to exercise the powers of government in any colony, province, or part of any province or country, or against the inhabitants of any foreign colony, province, or part of any province or country, with whom his Majesty shall not then be at war, or shall, within the United Kingdom, or any of his Majesty’s dominions, or in any settlement, colony, territory, island, or place belonging or subject to his Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of any such ship or vessel, shall be forfeited; and it shall be lawful for any officer of his Majesty’s customs or excise, or any officer of his Majesty’s navy who is by law empowered to make seizures for any forfeitures incurred under any of the laws of customs or excise, or the laws of trade and navigation, to seize such ships and vessels aforesaid, and in such places and in such manner in which the officers of his Majesty’s customs or excise and the officers of his Majesty’s navy are empowered respectively to make seizures under the laws of customs and excise, or under the laws of trade and navigation; and that every such ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the like manner and in such courts as ships or vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navigation.

VIII. And be it further enacted, That if any person in any part of the United Kingdom of Great Britain and Ireland, or in any part of his Majesty’s dominions beyond the seas, without the leave and license of his Majesty for that purpose, first had and obtained as aforesaid, shall, by adding to the number of the guns of such vessels, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war, or cruiser, or other armed vessel which at the time of her arrival in any part of the United Kingdom, or any of his Majesty’s dominions, was a ship of war, cruiser, or armed vessel in the service of any foreign prince, state, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in or over any colony, province, or part of any province or people belonging to the subjects of any such prince, state, orpotentate, or to the inhabitants of any colony, province, or part of any province or country under the control of any person or persons so exercising or assuming to exercise the powers of government, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon being convicted thereof upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted.