civil and criminal matters; a jurisdiction which we might be prepared
to surrender if the courte of Japan hereafter, in the judgment of the
President, should be so organized and conducted as to afford as full and
complete remedies and protection as the consular courts now do. We
would not think it wise to make the privilege above referred to obtain-
able by the payment of money, or to have it confer upon the foreigner
domiciled in Japan any special exemptions from local taxation. On the
contrary, it would be desirable to have a foreigner so domiciled bear
the same relations toward the government of the country that he would
bear toward the government of a Christian country, except his right or
amenability to trial in consular courts,
   Your general views on the subject commend themselves to the De-
partment, and make it unnecessary to give detailed instructions. Should
any definite proposition be made, time will doubtless be afforded youd
for a reference to your government.
       I am, &c.,
                                               HAMILTON FISH.


                               No. 426.
                       Mr. Bingham to Mr. Fish.
No. 65.1                   UNITED STATES LEGATION, JAPAN,
                     Yokohama, MIarch 9 1874. (Received April 13.)
  SIR: I have the honor to inclose for your consideration a communica-
tion from the minister of foreign affairs in reply to a letter from my
predecessor of date 15th February, 1873. You will observe that Mr.
Terashima concedes that the Japanese commissioners of customs must
consult the consuls in relation to regulations which relate only to the
removal of inconveniences, but claims that neither the seventh article
of the convention of 1866 with the United States, nor the eleventh
article of the trade-regulations of the Austro-Hungarian treaty, requires
that foreign consuls shall be consulted by the commissioner of customs
as to "1regulations deemed necessary for the proper management of the
custom-house business at treaty-ports in Japan."
  A like letter having been communicated by the minister for foreign
affairs to the other foreign ministers, a meeting of the foreign represen-
tatives was called to consider it, which I attended. This meeting
resulted in the preparation of a joint note addressed to the minister for
foreign affairs, a copy of which is herewith inclosed. This note was
transmitted to me, by Sir Harry S. Parkes, for my consideration and
approval. I declined to give it my approval, for the reasons, among
others-
  First. That it assumes that the two treaty-provisions above referred
to take from Japan the right to make any general customs-regulations
without the consent and concurrence of the several foreign consuls.
  Second. That the foreign consuls havena right to determine upon all
means and measures for the correction of any abuses and inconveniences
that may cause complaint, "4relative not only to the landing and ship-
ping of goods, but also to the transaction of business at the custom-
house."
  Third. That the joint note condemns the notification of the 6th Novem-
ber last, issued by the commissioner of- customs at Yokohama, which is
as follows: "That after the lapse of ten days no application for the


JAPAN,


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