308                          FOREIGN     RELATIONS.

                                [Inclosure 1 in No. 57.]

                              Gosheki to Mr. Henderson.

                              His IMPERIAL JAPANESE MAJESTY'S CONSULATE,
                                                           Amoy, August 11i,
1874.
   SIR: I have been informed that the Hon. Charles 'W. Le Gendre, a citizen
of the
 United States, who was engaged by the Japanese government, through the United
 States minister in Japan, in December, 1872, in conformity with the terms
of article
 10 of the treaty of 1858 between Japan and the United States, and now His
Imperial
 Japanese Majesty's special commissioner in China, was, on the 6th day of
August, 1874,
 forcibly taken before your court by United States marines, landed for that
purpose from
 the United States steamship Yantic, upon unknown charges, and in virtue
of a warrant
 issued by you while he was in Amoy on his way to Foo-Chow and Shanghai on
business
 connected with his mission ; that on the day following the Hon. Charles
:W. Le Gendre
 was against his will again brought before your court; that he is now forcibly
detained
 by you at this port and rendered unable to discharge the duties intrusted
to him by
 His Imperial Japanese Majesty; that he has already notified you that he
yielded only
 to force, which he was unable to resist, in suffering the violence and detention
to which
 he is row being subjected in Amoy; and that he has strongly protested against
these
 proceedings:
   Now. therefore, I, Gosheki, His Imperial Japanese Majesty's acting consul
at Amoy,
 find it my duty to myself'to protest, which I hereby do; in the most formal
and solemn
 manner, against this act of violence toward His imperial Japanese Majesty's
special
 commissioner as being a manifest infraction of the rights of nations, and
contrary to
 the privileges and immunities which public commissioners enjoy in civilized
countries.
       I have, &c.,
                                                                      GOSHEKI.


                                 [Inclosure 2 in No. 57.]
                             Mr. Henderson to Gosheki.

                                      *          UNITED STATES CONSULATE,
                                                           Amoy, August 10,
1874,
   SiR: I have to acknowledge the:receipt of your communication- of yesterday,
in
which you complain of my action in arresting Mr. C. W. Le Gendre, a citizen
of the
United States, who you say is sent to China as a special commissioner of
His Imperial
Japanese Majesty the Emperor of Japan.
  Although I have received no official notice of the establishment, or recognition
of a
Japanese consulate at this port, I will state for your information that on
the 6th instant
Mr. Le Gendre was arrested by me in the United States consulate upon the
charge ot
advising, aiding, and abetting an expedition in hostility to the governmneiit
of China,
in violation of the laws of the'United States and their treaty with China,
and was at
the time informed by me that I was acting under instructions from the United
States
legation at Peking.
  I will add that I know of no provision in the treaty between Japan and
the United
States permitting citizens of the latter country-to accept or exercise any
position under
the former which is inconsistent with their prior obligations to obey the
laws of their
own country, or so long as they reimhain its citizens, whereby they may deprive
their
,government of its jurisdiction over them either in Japan or China.
  The tenth article of our treaty to which you refer does not, even for a
lawful purpose,
  authorize the employment by the government of Japan of citizens of the
United
States to engage in her diplomatic service, and even if it did under the
treaty they
,would still be amenable to the laWs of the United States.
  However, I will forward your' dispatch to the legation for decision and
instructions.
       I am, &c.,
                                                             J. J. HENDERSON.


                                 lInclosure 3 in No. 57.]

                           Mr. Williams to Mr. Henderson.

                                           LEGATION OF THE uNITED STATES,
                                                          Peking, August
31, 1874.
  SIR : I have received your two dispatches of the 10th and 13th instant
(Nos. 10 and
11,) both relating to the arrest of Charles W. Le Gendre, and inclosing copy
of a pro-