covery of their just claims against the Japanese," and that it might be called "a denial of justice." In the opinion of this Department the treaty of 1858 opens the Japanese courts to American citizens to the same extent and with like limittations as such courts are open to the Japanese. American citizens are entitled to all the advantages and facilities which are accorded to their own suitors. Your dispatch fails, however, to inform this Department upon the vital point to be considered in determining whether there has been a denial of justice, or the withholding of any of the means of compelling the attendance of witnesses. An expression of opinion by the Department on this point will be withheld until you ascertain and report whether the practice of the Japanese courts was correctly stated, in the decision of the court, to summon the witnesses, as quoted in your dis patch and as cited above; also whether any unjust discrimination was made against Mr. Dunn. If, as matter of fact, the system of justice as administered in Japan does not provide for the compulsory attendance of unwilling witnesses, this Department would hesitate in demanding in behalf of American citizens an intervention of the court not exercised or allowed in behalf of Japanese. If, however, it should appear, after a careful examination of the facts, that in this case Mr. A. C. Dunn was not accorded the same facilities and opportunities to obtain testimony as are allowed Japanese suitors, you will make such representation as may seem proper under the cir SIR Referring to your dispatch No. 78, in which you seek instructions upon the various questions arising out of the participation of cit izens of the United States in the late expedition against Formosa, and of the employment of an American vessel, I have to inform you that your proceedings to detach the citizens of the United States and the steamer New York from the expedition are approved. You are referred to the instructions already given by this Department on this question. The act of June 22, 1860, affords ample authority to the ministers of the United States to issue writs and proclamations to prevent the citizens of the United States from enlisting in the military or naval service of China or Japan to make war upon any foreign power with whom the United States are at peace, or in insurrectionary movements; and, should a warning or proclamation prove ineffectual, the minister is authorized to resort to such force as may be within his reach belonging to the United States, to accomplish the purpose. It is believed by the Department that the powers conferred upon the minister of the United States by this act will prove sufficient in these cases. The representatives of the Government will take every means to pre vent any violation of these provisions of law, and it is believed that in most instances no actual resort to force will be required. Your response to the representation of General Le Gendre, that the act of 1860 was unconstitutional, is approved. No officer of the Government is made a judge of the constitutionality of an act of Congress; and all acts are to be deemed constitutional until the question be legally decided otherwise. This Department has been officially informed by the Secretary of War that Mr. Wasson, who was attached to the expedition against Formosa, above referred to, has not been in the service of the United States since July 1, 1872. I am, &c., HAMILTON FISH. No. 105.] No. 440. Mr. Bingham to Mr. Fish. UNITED STATES LEGATION, JAPAN, Tokei, July 29, 1874. (Received September 1.) SIR: I have the honor to acknowledge the receipt of your telegram of date the 21st instant, in which you instruct me to caution American citizens against hostile proceedings against China. This telegram reached me on the 26th instant, at 4 p. m. I have, in pursuance of your instructions, notified our consuls to warn American citizens not to engage in hostile proceeding against China. On the 28th instant, notices were given by the consuls at Hiogo and Yokohama, and I presume that notice has also been given by the consul at Nagasaki in accordance with my instructions sent to him by telegram. I have carefully considered the twenty-sixth article of the treaty with China, made at Tien-tsin, and consider it highly important to the interests of American commerce that American citizens should not be allowed to violate that provision. On the 28th instant I had an interview with the minister for foreign affairs, in which I told him that while I had respect for the rights of Japan, and had no purpose to question her full right to judge for herself touching her relations with China, it was my duty to acquaint myself as far as possible of the actual state of affairs between Japan and China, to the end that the treaty relations of the United States with the two countries might be fully maintained. In this conversation Mr. Terashima informed me that China had made two communications to Japan since the invasion of Formosa by the Japanese forces in relation thereto; first, that the Japanese forces should withdraw from the island; and second, that the Japanese having inflicted punishment upon the Bootang savages, should at once recall their forces, and China would pledge herself to build a light-house upon the northeast coast of Formosa, and to furnish protection hereafter to foreign commerce upon that coast by a land and naval force. To my astonishment I was informed that Japan had not accepted either of these conditions, and I was left to infer, therefore, that the conditions were rejected, because Japan purposes to retain possession of that portion of the island of Formosa. Mr. Terashima also informed me that China has withdrawn her second proposition, and is actively engaged in preparing for war. He con cluded by saying that the Japanese embassador has reached Peking and is now engaged in negotiation, with the Chinese government, but that he, Mr. Terashima, is not yet advised of the result. Referring to your instruction No. 43, of date the 6th ultimo, I beg leave to thank you for the expression therein of confidence entertained by the Department in my discretion, and also for the views therein expressed with relation to the scope and effect of the act of 1860. I am, &c., No. 441. JNO. A. BINGHAM. No. 108.] Mr. Bingham to Mr. Fish. UNITED STATES LEGATION, JAPAN, Tokei, August 12, 1874. (Received September 12.) SIR: I received a communication of date the 27th ultimo, from the minister for foreign affairs, (inclosure No. 1,) inquiring whether it was my wish to receive the remaining installment of the Simonoseki indemnity, due the last of July, amounting to $125,000, and asking from me, on the receipt thereof, an acknowledgment that the indemnity to the United States had been received in full. To this I made reply, (inclosure No. 2,) on the 30th ultimo, to the effect that I would receive the remaining installment, and would receipt therefor, for all the money paid to me as having been paid as the balance in full of the Simonoseki indemnity, subject, however, to the approval of my Government. On the 4th instant I received a communication from Sir Harry Parkes informing me that he had deposited another amount of $5,833.33 on account of the Simonoseki indemnity, to my credit, in the Oriental Bank at Yokohama, (inclosure No. 3.) I also received a letter (inclosure No. 4) from J. Robertson, esq., the agent of that bank, notifying me of his receipt from the Japanese minister for foreign affairs of the sum of $125,000, which was there set to my account as minister of the United States. On the 8th instant, in pursuance of your instructions, I negotiated with the Oriental Bank in exchange on London for an amount equivalent to $130,833.33, and received on that day a bill of exchange on the Bank of England, dated August 8, 1874, payable on demand to my order, for £26,984. 78. 6d. A copy of Mr. Robertson's certificate of exchange, together with copies of two letters from brokers, are herewith (inclosures 5, 6, and 7) inclosed. In accordance with your instructions I have forwarded this bill (in letter of this date, inclosure No. 8,) to Messrs. Morton, Rose & Co., indorsed by me to them, with request that they will place the same to the credit of the United States. I beg leave to call your attention to my No. 94, of date June 17, notifying you of the two several amounts received by me up to that date from Sir Harry Parkes on account of the indemnity, amounting, in gross, to $11,666.66, for which amouut I obtained exchange on London for £2,479 38. 4d. sterling, and remitted the same to Messrs. Morton, Rose & Co. at that date for the use of the United States. I have the honor to call your attention also to my No. 97, dated the 7th ultimo, in which I acquainted you that I had received from the minister for foreign affairs $250,000, and that for that sum I had obtained exchange on London to the amount of £52,083 68. 8d. sterling, which bill I forwarded, duly indorsed to Messrs. Morton, Rose & Co., to be placed to the credit of the United States. You will observe, therefore, that the gross amount of exchange, includ ing the three bills of exchange herein mentioned, remitted by me to Messrs. Morton, Rose & Co. for the use of the United States, is £81,546 17s. 6d. sterling, being the equivalent of the whole amount received by me from Sir Harry Parkes and the minister for foreign affairs, viz, $392,499.99. In these several instances it has been my care to negotiate for exchange on London on terms the most advantageous possible to the United States. You will notice that the minister for foreign affairs requires an acknowledgment of the full payment of the indemnity, and that in my letter to him of the 30th ultimo (inclosure No. 2) I notify him of my readiness to receive the payment as in full, upon his representation, subject, however, to your approval, giving as my reason for thus qualifying my receipt the fact "that I have no means of knowing the exact amount of the unpaid balance" of the indemnity. Should the amounts thus received and accounted for by me be the balance (as I suppose the fact to be) of the Simonoseki indemnity, I have the honor to request that you will authorize me to acknowledge the same to the Japanese minister for foreign affairs to be in full payment and discharge of the indemnity agreed to be paid by the government of Japan to the United States. I am, sir, &c., JNO. A. BINGHAM. [Inclosure 1 in No. 108.-Translation.] His Imperial Japanese Majesty's minister for foreign affairs to Mr. Bingham. FOREIGN DEPARTMENT, Tokei, the 27th of the 7th month, the 7th year of Meiji. (July 27, 1874.) YOUR EXCELLENCY: I have the honor to request your excellency to inform me whether it is your wish that the remaining installment of the Simonoseki indemnity, amounting to $125,000, and due at the end of the 7th month, shall be paid to you in the same manner in which the last payment was made. I beg leave to add that on receipt of the final installment your excellency will be pleased to furnish me with a written acknowledgment that the indemnity to your Government has been received in full. With respect and consideration, TERASHIMA MUNENORI, His Imperial Japanese Majesty's Minister for Foreign Affairs. [Inclosure 2 in No. 108.] Mr. Bingham to the minister for foreign affairs. UNITED STATES LEGATION, Tokei, July 30, 1874. YOUR EXCELLENCY: In reply to your letter of the 27th instant, I have the honor to say that under the instructions from my Government it is made my duty to receive from your excellency an amount equivalent to the amount paid to either of the parties to the settlement of the Simonoseki indemnity. Therefore, in compliance with your excellency's request, I have the honor to say that your excellency may make payment by depositing the same in the Oriental Bank Corporation subject to my order. I have the honor to inform your excellency that I will receipt for the amount which I have received, and may receive, as having been paid to me in full of the Simonoseki indemnity, subject, however, to the approval of my Government. I have no means of knowing the exact amount of the unpaid balance, but do not doubt that your excellency will state it correctly. I have the honor, &c., JOHN A. BINGHAM. [Inclosure 3 in No. 108.] Sir Harry Parkes to Mr. Bingham. YEDO, August 4, 1874. SIR: Having been informed by the agent of the Oriental Bank at Yokohama that he has received from the vice-minister for foreign affairs, on my account, another installment of the Simonoseki indemnity, amounting to $125,000, I have the honor to inform you that, for the reasons stated in my dispatch to you of the 23d February last, I have instructed the manager of the Oriental Bank to pay over to you the sum of $5,833.33. I have the honor, &c., [Inclosure 4 in No. 108.] HARRY S. PARKES. Mr. Robertson to Mr. Bingham. ORIENTAL BANK CORPORATION, DEAR SIR: I beg to advise having credited your account as minister of the United States with the sum of $125,000, being amount received from the Japanese minister for foreign affairs. Yours, faithfully, J. ROBERTSON, Agent. [Inclosure 5 in No. 108.] Mr. Robertson to Mr. Bingham. ORIENTAL BANK CORPORATION, I hereby certify that draft GL. 06764, £26,984 78. 6d., has to-day been issued in favor of the Hon. John A. Bingham, being the equivalent of $130,833.33 at the current exchange of 48. 14d. per dollar. For the Oriental Bank Corporation: J. ROBERTSON, Agent. N. B.-I have given you the advantage of the rise in rate since the date of the accompanying brokers' letters, as arranged. [Inclosure 6 in No. 108.] J. R. Messrs. McDonald & Dare to the managers of the Oriental Bank Corporation. SIR: The least rate obtainable for any large amount of bank-bills at sight would not, we consider, be better than 4s. 14, (four shillings and a penny farthing.) We are, sir, &c., MCDONALD & DARE, [Inclosure 7 in No. 108. [ Mr. Bland to Mr. Robertson. YOKOHAMA, August 5, 1874. SIR: I consider the rate of bank-bills on London at sight, to-day, to be 48. 1d. per dollar. Yours, faithfully, CHARLES S. BLAND. |