FOREIGN RELATIONS.


  heard in the Tskiji Saibausho. brought by him against the Japanese Petroleum
Com-
  pany for wrongful dismissal from his employ in their service as chief engineer.
The,
  case was part heard on adjournment yesterday. As Mr. Dunn's counsel, I
applied to
  the court to summon two Japanese witnesses to appear to give evidence for
him.
  These witnesses had expressed a disinclination to appear unless summoned,
probably
  because they wished to avoid all semblance of partiality for either side.
My applica-
  tion was much insisted upon by me, and the obvious reasons for it pointed
out, but the
  court absolutely refused to summon the witnesses, alleging that by the
rules of the
  court each party had to bring his own witnesses, and the court only summoned
those
  whom, for its own satisfaction, it wished to examine. I asked to see such
rules, but
  none such were shown, and indeed did not appear to exist in a written form.
I have
  several times conducted cases in the Kanagawa kencho, and also before the
gaimusho,
  but have never before experienced any difficulty in procuring the authorities
to sum-
  mon such witnesses as might be-required.
  The answer to my client's petition (which answer was never served upon
us) charges
  him with falsely representing himself as a competent engineer, with being
an incom-,
  petent one, and with disobedience to orders. The witnesses in question
are necessary
  to my client for the rebuttal of both the charge of incompetency-and that
of disobedi-
  ence.
  Trusting, sir, that you may see fit to assist my client in such way as
your experience
  may deem advisable toward obtaining a just hearing of his claim.
       Ilhave, &c.,
                                                    FRED'K DICKINS,
                                                      Counsel for Mr. Dnin.


                                No. 434.

                         Mr. Binghamn to Mr. Fish.
 No. 89.]                    UNITED STATES LEGATION, JAPAN,
                               Tokei, June 3, 1874. (Received July 6.)
   Sir: It seems to me important to communicate to you the fact that
 the prime minister, SanjoD, who in April made and withdrew a procla-
 mation of hostilities against Formosa, on the 22d of May issued a new
 notification, as it is termed, a copy of which I herewith inclose.
   It is clear to my mind that the landing of an armed expedition in
 Formosa under this proclamation, for the purposes therein declared,
 imposes upon China the necessity of deciding whether it shall be con-
 sidered an act of war. On this point I had some conversation with
 the minister for foreign afihirs on yesterday. He said to me that the
 government had information of the landing of the Japanese troops on
 the southeast of Formosa, where they had         been attacked by the
 Bontons, who were repulsed after some loss of life on both sides. He
 also said that he had received the further imformation that the Chinese
 government had despatched a gunboat to Formosa, carrying a high
 commissioner, with instructions to treat with Saigo, who is in command
 of the expedition.
   I could not gather from the conversation that the minister had any
assurance that China would acquiesce inw the-armed occupation of any
portion of the island for any considerabletime by the Japanese forces.
He- intimated, however, that the government awaited communications
directly from  the Japanese envoy, who is reported to have arrived in
Peking.
  In my No. 78, of April 24, I informed you of the fact that the minister
for foreign affairs, upon my protest against the employment of American
citizens and vessels in hostile operations against China had detached
the steamer New York from      service in this expedition. I omitted to
state the fact that the agent of the Pacific Mail-Steamship Company,
Mr. Center, called upon me and signified his desire that the steamer


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