JAPAN.                              691

                             [Inclosure 5 in No. 95 1
                         Mr-. Seward to ýMr., Binyham.
No. 22.]                           UNITED STATES CONSULATE GENERAL,
                                                    Shanqhai, May 30, 1874.
  SIR: I have had the honor to receive your dispatch of the 18th instant
in regard to
the expedition to Formosa. I have sent letters to the appropriate consuls
in China
embodying the information contained in your dispatch and saying that I think
that
any steps which they may take to discourage, or, within the provisions of
law, to
prevent our people from taking part in such expedition will meet the warm
approval
of our Government.
  I have sent a copy of your letter to Dr. Williams.
      Iam, &c,,-
                                               GEORGE F. SEWARI),
                                                           Consul-General.


                             [Inclosure 6 in No. 95.]

           Telegram fraom Commander Kautz, and Admiral Pennock's reply.

                                    A.
                                    4JUNE 4, 1874.
Captain COLnOUN, Hartford, Yokohama:
  Viceroy (Chinese) has ordered Japanese to leave Formosa. Requests consul
to pre-
vent American citizens from assisting Japanese. Consul asks me to assist
him in com-
p)elling Americans to leave the Japanese forces in Formosa.
  I await your orders.
                                                             KAUTZ.
                                                         llMonocacy, Amoy.
                                    B.
                                                             JUNE 4, 1874.
 Commander ALBERT KAUTZ,
      United States Steamer Monocacy, care American consul, Amoy, China:
  Notify and command all American citizens to abstain and withdraw from all
enter-
prises unfriendly to the Chinese government, and to avoid all acts which
are incon-
sistent with treaty obligations, on pain of forfeiting all claim to American
protection.
                                                          PEINNOCK.
                                                            Bear-Admiral.


                                 No. 438.

                         Mr. Fish to Mr. Bingham.

 No. 55.]                             DEPARTMENT OF STATE,
                                             Washington, July 20, 1874.
   SIR: I am in receipt of your dispatch of Jane 3, 1874, No. 88, in refer-
 ence to the refusal of the Japanese court to issue process to compel the
 attendance of witnesses in a civil proceeding commenced by A. C. Dunn,
 an American citizen, in the Japanese court, and of the written state-
 ment of Mr. Dickins, the counsel of Mr. Dunn, as to the facts of the
 case.
   From such statement it appears that the court refused to summon the
 witnesses as requested, "alleging that by the rules of the court each
 party had to bring his own witnesses, and that the court only summoned
 those whom for its own satisfaction it wished to examine," but that
no
 such rules appeared to exist in a printed form.
   You st aIte in your dispatch that "4it would seem that this refusal
is
 in flagrant disregard of article 6 of the treaty of 1858, which provides
 that the Japanese courts shall be open to A~merican citizens for the re-