FOREIGN RELATIONS.


refund of duties overpaid in error can be entertained." It seems to
me
that this notification, as it is termed, limiting the time within which
application shall be made for the refund of duties overpaid in error, is
as clearly within the power of Japan, under the treaty-provisions recited,
to ordain without consulting foreign consuls, as it is within the power
of Japan, without such consultation, to lay and collect duties upon
imports within the express limitations of the treaties. It is clear that
no nation can be held to have surrendered its essential power to limit
in time the demands upon its own treasury without words expressly and
manifestly surrendering such power. It will be observed that Japan
has followed very closely our own example in making this limitation of
time within which the demand shall be made upon her treasury for the
refund of duties overpaid in error.
  I have the honor to remark further that, inasmuch as the treaties with
Japan are several, it is clearly the right of the United States, through
its own consuls, without the consent or co-operation of other foreign
consuls, to agree with the governors of the open ports upon such regu-
lations as are authorized by the seventh article of the convention of
1866, and the like right belongs to the Austro-Hungarian power by
virtue of the eleventh article of its treaty-regulations. But it does not
follow that the Austro-Hungarian treaty in any wise takes away or
restricts the right of the consuls of the United States to agree upon
their own regulations with the local :authorities of the several ports of
Japan. The joint note, however, seems to assume that the co-operation
of all foreign consuls is necessary for the enforcement of such regulations.
  I hear of no special complaints from our c9nsuls on this subject; on
the contrary, I am just in receipt of regulations which meet the ap-
proval of the United States consul at iHiogo and Osaca, and which he
says meet the approval -of all the consuls there. It is also well to add
that some regulations as-to the landing, &c., of goods might answer
our purpose at Hiogo and Osaca, which would not be at all acceptable
or advisable at Yokohama.
  It certainly would be very inconvenient in practice to allow a con-
struction to obtain in Japan to the effect that an American consulcould
not consent to, and agree upon, regulations, under our own treaty, with
the Japanese authorities at any open port, so long as any other foreign
consul in Japan chose to disagree. Local co-operation among the for-
eign consuls at each port for regulations touching the landing of goods,
&c., is certainly desirable where it can be obtained; the consuls at
each
port, however, acting for themselves exclusive of all others.
   I respectfully ask your instructions in regard to this matter, and
hope that my action may meet your approval.
       I am" &c.,
                                               JNO. A. BINGHA.M.


                       [Inclosure 1 in N_.ao 65--Transiation. ]
                       Mr. Terashima to Mr. Bingham.
                                             FOREIGN OFFICE, TOxEi,
                                                2d month, 7th year of Meiji.
  YOUR EXCELLENsCY: Your excellency's predecessor communicated to his excellency
  Soyeshima Taneomi, late minister for foreign affairs, a dispatch, bearing
date the 15th
  February of last year, stating that the action of the chief commissioner
of customs in
  framing and issuing regulations without having previously consulted With
the foreign
  consuls is in violation of the treaty.
  I have now the honor to inform your excellency that, under the power and
authority


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