Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part III

Mr. Pruyn to Mr. Seward

No. 44.]

Legation of the United States in Japan, Kanagawa, July 2, 1864.

Sir: I have the honor to enclose, for your information, copies of letters in relation to the arrest of Quartermaster West, of the Jamestown, by the French guard, in the streets of Yokohama, and his confinement in the French guardhouse.

No. 1.—Consul George S. Fisher to M. de Bellecourt.

No. 2.—Reply by French Acting Vice-Consul Vander Voo.

No. 3.—French circular letter to consuls, Kanagawa.

No. 4.—French Admiral Jaures to French minister.

No. 5.—Consul Fisher to French minister de Bellecourt.

No. 6.—Reply by French Acting Vice-Consul Vander Voo.

No. 7.—Mr. Pruyn to M. de Bellecourt.

No. 8.—M. de Bellecourt to Mr. Pruyn.

Immediately after the troubles had arisen growing out of the British demands and the British admiral had announced his inability to defend this place, Admiral Jaures undertook the task, obtaining from the Japanese government for that purpose a strong position on the bluff commanding the town. This position is still held by the French alone, though it was understood at the time it should be held jointly with the British.

The arrangements between the French and British officers were made while I was still at Yedo, and restored confidence to this community.

The arrest of Quartermaster West was one of those events which, while it could not be justified, very naturally grew out of the exceptional position of affairs.

Not feeling at liberty while our citizens were enjoying the benefits of the French guard, the withdrawal of which would have been at that time the cause of serious mercantile loss, (nearly all the merchants prior thereto having embarked their merchandise,) to insist too rigidly on the punishment of the offenders in this case at the evident risk of a quarrel with my colleague of France, who showed great sensitiveness on the subject, I endeavored to reconcile matters in several personal conferences.

The order of Admiral Jaures having been issued, and security thereby afforded against the repetition of such arrests and confinement, and the French minister having so promptly intervened to procure West’s discharge, I was still more inclined to overlook the offence, as I was also satisfied West had insulted the officers, notwithstanding his denial. Admiral Jaures had meanwhile left, and I was awaiting his return in the confident belief that then satisfactory explanations would be given, when I learned that M. de Bellecourt’s successor was daily expected. I thereupon addressed a letter, (enclosure No. 7,) and received his reply, (enclosure No. 8.)

I presume you will think it unnecessary to take any notice of the case. Admiral Jaures is now in port with his flag-ship. But while I have thought it proper to send you the papers, I think it unnecessary to reopen the subject for the purpose of procuring the names of the officers, as they can be obtained as readily from their government if you regard the case of sufficient importance to notice it. It has appeared to me one of those cases which must almost necessarily arise from a quasi state of hostilities in a semi-civilized country; and in the absence of all intention of insult, and in view of the prompt action of the admiral to guard against future cause of complaint, I have thought I could with honor refrain from further insisting on the punishment of the offenders or an apology.

I have the honor to be, sir, very respectfully, your most obedient servent,

ROBERT H. PRUYN, Minister Resident in Japan.

Hon. William H. Seward, Secretary of State, Washington.

No. 1.

Consulate of the United States of America, Kanagawa, Japan, August 12, 1863.

Sir: I am requested by C. Price, captain United States navy, to ask for information in relation to the imprisonment, on the 9th instant, of Signal Quartermaster Henry West, of the United States ship-of-war Jamestown, he having learned that it was by order of a French officer.

Be kind enough to give me the name of the officer ordering it; also information as to whether the said officer knew the nationality of the said Henry West when ordered by him under arrest.

I have the honor to be, very respectfully, your obedient servant,

GEO. S. FISHER, United States Consul.

M. Du Chesne de Bellecourt, H. I. M.’s Minister Plenipotentiary and Consul General in Japan.

No. 2.

Legation and Consulate of France in Japan, Yokohama, August 12, 1863.

(Consular service.)

Sir: I am directed by the minister of France to inform you that he has transmitted to Admiral Jaures the letter which you addressed to him at the instance of the commander of the United States ship Jamestown, with the view of being furnished with a report of the circumstances of the arrest of a petty officer of his ship.

Should the French military authorities not send their report directly to Captain Price, they will then send it to this consulate, when it will be immediately transmitted to you.

Please accept, sir, the assurance of my high consideration.

The acting chancellor and vice-consul of France, ad interim,

ALPHONSE J. VANDER VOO.

Col. George S. Fisher, Consul of the United States in Japan.

No. 3.

[Circular.—Translation.]

Yokohama, August 12, 1863.

Gentlemen: In accordance to the communications made to me by Admiral Jaures, I have the honor to inform you that the strictest orders have been given in all the French guard posts to hand over to their competent authorities, without delay, any foreign soldiers or sailors arrested through urgency in the streets of the town because of creating trouble by the patrols ordered on for the preservation of order in Yokohama; the said patrols have orders not to arrest any foreigner without a good motive, of which a detailed account will be given, certified by the officers of the guard. It has also been recommended to the patrols to hand the persons arrested to their own consulate, where they will be delivered against a certificate from the consulate employé there present. In case the person arrested cannot be handed over because of the absence of the proper employes at his consulate, it will be sufficient to claim him with a written paper with the consular seal, or verbally by an officer of his nation in uniform. In either case a detailed report on the causes of the arrest will be given to the counsel or to the military authorities.

Be pleased, &c., &c., &c.

By authorization of the ministre le chancelier substituer ff. de vice-consul,

ALPHONSE J. VANDER VOO.

No. 4.

On board the Sémiramis, Yokohama Roads, August 13, 1863.

(Naval division, China seas.)

Monsieur le Ministre: I have the honor to acknowledge the receipt of your letter dated the 12th instant, and of the letter of the consul of the United States, which you enclosed to me.

I was informed that in the evening of the 9th instant an American sailor, having in the grossest manner insulted two French officers in uniform, was arrested under their orders and taken immediately to the nearest guard-house. As soon as this became known to the authority on shore, and an American officer presenting himself to claim the sailor, steps were taken to have him at once delivered to his superiors.

Be pleased to accept, Monsieur le Ministre, the assurance of my high consideration.

The rear-admiral commanding-in-chief the naval division in the China and Japan seas,

C. JAURES.

The Minister of France in Japan.

No. 5.

Consulate of the United States of America, Kanagawa, Japan, August 18, 1864.

Sir: I beg herewith to enclose to you copy of a communication, under date of the 17th instant, received by me from Captain Price, of the United States ship-of-war Jamestown, in relation to the imprisonment of Quartermaster West, of said ship, by order of two French officers, and to call your excellency’s particular attention to the same.

I shall be happy to know that this matter is amicably and speedily adjusted in that spirit of friendship and just understanding which has hitherto characterized the relations between his Imperial Majesty’s marine and that of the government I have the honor to serve and represent in this port and its dependencies.

I have the honor to be, very respectfully, your excellency’s obedient, humble servant,

GEORGE S. FISHER, United States Consul.

His Excellency M. Du Chesne de Bellecourt, His Imperial Majesty’s Minister Plenipotentiary and Consul General in Japan.

No. 6.

Legation and Consulate General of France in Japan, Yokohama, August 19, 1863.

(Consular service.)

Sir: The minister of France has authorized me to reply to your letter No. 95. It is not within my province to take consular action in this matter, inasmuch as it belongs to the special jurisdiction of the naval and military authorities of our respective countries. As it is, moreover, presented in an international point of view, it became necessary, though in all probability the competent naval authorities would have treated the matter in a most desirable spirit of good understanding, that it be presented in diplomatic course to the imperial legation by his excellency the minister of the United States himself. I have, therefore, the honor to transmit herewith the letter which you did me the honor to write to me on the 18th instant, as my legal incapacity prevents me from taking consular action in the matter in question.

Please accept, sir, the assurance of my high consideration,

ALPHONSE J. VANDER VOO, The Acting Vice-Consul of France at Yokohama.

Colonel George S. Fisher, United States Consul, Yokohama.

No. 7.

Legation of the United States in Japan, Kanagawa, March 22, 1864.

Sir: I regret that your excellency has not been able to view the arrest of the quartermaster of the Jamestown in the light in which I had the honor to present it to your excellency, and in the hope that a further consideration of the case may enable you to express such regret for the occurrence I deem proper, I again call your attention to the principles which govern the case.

1st. The arrest was made by orders of officers not on duty as officers of any guard, but who were walking in the streets of Yokohama, in pursuit of ordinary business or pleasure.

2d. The alleged offence of the quartermaster was making use of insulting language. There was no such breach of the peace committed as then endangered, or was likely to endanger, life or occasion bodily harm or injury. As the arrest could only be for the purpose of having the offender tried and punished, and the court of the United States consul was the only competent civil tribunal for that purpose, the officers of his Imperial Majesty should have taken the proper steps to identify him when he declared he was a petty officer in the United States navy, which, in this case, was very easy, in consequence of his French descent and his fluent use of the language, which indeed caused them at first to insist he was a French subject.

3d. No officer or citizen of the United States could have arrested him except on proper warrant, and no greater right can be accorded to a subject of his Imperial Majesty.

4th. If arrested, he should have been taken to the United States consul, whose flag was then in sight at a point nearer to the scene than the French guard-house, to which he was taken and where he was confined.

5th. This case undoubtedly led to the issue of the order of Rear-Admiral Jaures the next day, providing that in all cases of arrest by the French guard of any person not a French subject the party arrested should be taken to the consul of the nationality to which he belonged.

Your excellency is about retiring from your post as minister plenipotentiary of his Imperial Majesty in Japan. It affords me great pleasure, in the review of our personal and official intercourse, that it has been uninterruptedly pleasant and cordial, and I desire that our official relations shall terminate without any case being left undisposed of to our mutual satisfaction. I therefore simply ask that the principles of Admiral Jaures’s order shall be applied to this case, and that your excellency shall express your regret that the arrest has been made, and that the quartermaster was confined in the French guard-house.

Should your excellency be unable to do this, you will oblige me by furnishing me with the names of the officers who ordered the arrest, that I may make them known to my government.

I have the honor to be your excellency’s most obedient, humble servant,

ROBERT H. PRUYN, Minister Resident of the United States in Japan.

His Excellency Du Chesne de Bellecourt, Minister Plenipotentiary of France in Japan.

No. 8.

[Translation.]

Legation and Consulate General of France in Japan, Yokohama, March 28, 1864.

Sir: When your excellency did me the honor, about six months ago, to speak to me about the temporary arrest of Quartermaster West, of the Jamestown, effected by orders of French officers, whom the sailor had grossly insulted, and in the French language, in the main street of Yokohama, and in the presence even of French soldiers, the subordinates of those officers, I hastened to furnish your excellency with all the explanation it was in my power to give. I communicated to you the reply of Rear-Admiral Jaures to the communication which I had made him of the demand of the consul of the United States on his behalf, in which reply Admiral Jaures states why the arrest was made, (rudeness in public towards two of his officers,) while he also shows his respect for international privileges, as orders have been given to have the foreigner immediately delivered to his own authorities as soon as claimed by them, which implies that the arrest could not be regarded as a punishment, but only as a pressing measure of prevention.

I have, moreover, proved already to your excellency that in this case my legal capacity must give way to that of the military authority, giving it as my opinion that this authority had acted in a rightful and proper manner, while for myself I believed on that occasion to have satisfied all international requirements, inasmuch as finding myself by accident, during a walk on the evening of the occurrence, (it was 6 o’clock, the arrest had taken place at half past 4 o’clock,) in the neighborhood of the residence of the consul of the United States, and having met that functionary and learned from him what had taken place, I at once dismounted to go to the consulate and join an American officer of the Jamestown who was there, and to guide him myself in his proceedings with the competent officers in order to bring the requisite formalities for the discharge of the offender to a speedy issue. My presence was useful, as the officer who made the claim was not in uniform; a correspondence in writing would probably have led to some more delay in the delivery of the person arrested.

I am not prepared to enter with your excellency upon a full discussion as to the degree of culpability of the offensive acts which have caused the measure taken by the French officers on the 9th of August, inasmuch as my legal incapacity in this case has prevented me from obtaining other data for discussion than those furnished me by the Admiral Jaures, who alone has had to examine and estimate the facts.

And as for that part of your excellency’s argument which establishes that the arrest could be made only in order to procure the repression of the act under accusation before the competent authorities, I find myself, and so did the French. admiral, as shown by the orders given to deliver the person arrested immediately to his authorities as soon as claimed by them, in perfect harmony with the principles of international law to which your excellency refers. There is no doubt that, in view of those principles, Quartermaster West, as soon as the report on his conduct was made out and read, would have been taken in the evening on board of the Jamestown either with an officer or with a letter explaining to the commander of that ship the motives of the arrest. My personal intervention may have shortened some delays, and led to the immediate delivery of this person to the officer of the Jamestown, who claimed him and received him with all the necessary verbal explanations of the reasons of his temporary arrest.

Your excellency states, in the second part of the second paragraph of your letter, that the French officers should have assured themselves of the identity of the individual who had insulted them when he declared that he was a sailor in the service of the United States, because this sailor, owing to his French descent, spoke the French language quite fluently.

I fear to enter too much upon the discussion of facts which it has not been within my legal capacity to estimate, but in order to reply, as far as lies in my power, and in courtesy to a colleague, to the arguments of your excellency, I shall venture here upon the expression of my personal opinion. I think from the nature of the occurrence that it was rather difficult to carry out the mode of proceeding indicated by your excellency in order to secure the cessation of a public insult. In fact, from the moment that offensive language was addressed to the French officers in French, in the presence even of several soldiers, the subordinates of those officers, those whom self-respect required to have that riotous noise stopped could not commence a public conversation with a man already excited, and who would probably have declined to comply with any demand or requisition. To commence such a conversation would have led to the aggravation of the improper conduct of Quartermaster West. The only measure to be taken, therefore, was the forcible removal of the person insulting, and placing him in safe-keeping until delivery to his own authorities, and I beg to observe that your excellency yourself seems to admit an arrest in the 4th paragraph of your letter, when stating that it was to the consulate of the United States, and not to the French guard-house, that the delinquent should have been taken for trial.

As for that part of the argument relating to the place to which the delinquent should have been taken, I must observe that the officers who found themselves compelled to require this arrest from that moment, and according to regulations, became responsible towards their superior officers for the motives of their measure, they having no option whatever, as the military regulations prescribed to them the duty of sending to the nearest guard-house, and to no other place, and there to keep the person arrested, and to report immediately to their superior officers, who alone could indicate, in view of the position of the person arrested, what was to be done under the circumstances. And also, the person arrested being a foreign soldier or sailor, the French officers were very naturally inclined to believe that their superior officers would decide that this sailor was to be taken back to his military authorities. At all events, it was not for them to determine to what place the person arrested should be taken. Their duty was the observance of the regulation and to report immediately in course of rank, (par voie hierarchique,) and this was done without any delay.

Following the argument of paragraph four of your excellency’s letter, I must also remark that military officers under higher command are not allowed, according to regulations, to place themselves in matters of duty in direct communication with authorities not belonging to their department without first having been authorized to that effect. No officer, therefore, could take upon himself to appear without authority at a consulate or at a foreign legation, or even near the civil functionaries of his nationality, without incurring blame from his superiors. The military regulations thus require it, and no exception could be made than by the general order which the admiral commander-in-chief made known three days after the occurrence of the 9th August, directing the officers or sub-officers in command of the patrols to cause persons whom it became necessary to arrest to be taken, as far as feasible, to their respective consulates, and only with last resort to apply the usual regulation, which requires the preliminary confinement of any delinquent at the nearest military guard-house until claimed by his own authorities.

In a flagrante delicto case there is no diplomatic disrespect in the arrest of a foreigner as a precautionary measure; such disrespect only commences in case of abuse of power, or in case of refusal to return the person arrested to his own authorities.

The general order of Admiral Juares, of the 12th August, is an exceptional act of courtesy, giving proof of the profound respect of that general officer for international rights and privileges. But this general order did not exist on the 9th of August, and the French officers consequently, limited by their existing regulations, could not, it seems to me, have been bound by obligations which it was the object of that general order to prescribe to them for the future.

From what precedes, only the necessity of the arrest would be left as matter for discussion, and I come back, therefore, upon the second paragraph of the letter, which argues the unimportant nature of the insult, being one in language only, and not by acts or bodily harm likely to endanger life.

It seems to me that in every country any injurious act committed by a military person of low or no grade towards an officer in uniform, to whatever nationality he may belong, constitutes an act which deserves immediate repression. Generally, and in countries having an organized local police, the necessary restraint to stop a disturbance and prevent the aggravation of a misdemeanor may pertain to the duty as a sometimes special police; but in certain countries, where the local police has no action, other means have to be used as a matter of necessity, in order not to live in the midst of continual disorder, and thus, in China, for instance, where, like in Japan at present, several nations keep military forces for the general security, the police forces, either civil or military, of several nationalities, take the place of the Chinese police; and it frequently happens that military foreigners, carried into excesses, find themselves arrested in case of public nuisance, by the way of prevention, to be handed over to their own judges on demand as speedily as possible, without any such cases ever giving rise to difficulties among the respective superior authorities.

Besides, the position, the honorable character, the age, and the rank of the French officers who found themselves obliged to take the measure of the 9th of August last, a measure which they submitted to their immediate superiors, and the explanations which the French admiral furnished upon taking cognizance of the facts, must be a sure guarantee for your excellency that Quartermaster West, whatever he may allege, has well deserved the measure of which he was the object by way of prevention.

I do not know whether the personal remarks I have made will convince your excellency that in the occurrence of the month of August none of the French authorities has for a moment thought of willingly slighting in any manner whatever the rights and privileges of independence of a foreign nationality by the measure in question, which unfortunately had become indispensable, there being only the provoker of that occurrence to blame for it.

I desire the more to have this conviction enter your excellency’s mind, as by accepting these explanations you relieve me from the necessity of declining the two alternatives you propose to me.

Your excellency will readily comprehend that the act you mention not having been accomplished by persons submitted to my immediate jurisdiction, I can only convey all the explanations which may be useful in removing the question which appears to have arisen on this occasion without pronouncing upon the proceedings of another jurisdiction in any other manner than may serve to render the action of that jurisdiction in this instance of easy appreciation.

The second alternative proposed by your excellency could no more aid in the solution of the question in the diplomatic way, inasmuch as the officers who ordered the arrest of the person who insulted them have been covered by the responsibility of their immediate superiors.

Should, therefore, your excellency feel yourself obliged to submit the question to the government of the United States, the only names to appear in this international litigation would be those of Rear-Admiral Jaures, commanding in chief the land and naval forces in Japan, and mine, as the admiral has only called troops to Yokohama in virtue of a commission (délégations) received from me to that effect, a measure which has also met with the sanction of the Tycoon’s government, and to which all the forces of the nations represented here have associated themselves in the most perfect harmony, in view of maintaining in common the order, tranquillity, and trade of this settlement.

Should this incident assume the proportions of an international incident, my departure from Japan would yet in no manner hamper the legitimate action of our respective governments, nor could it alter at all those cordial relations which have always been here of general benefit, and which, if not in Japan, we may, perchance, continue elsewhere.

I enclose herewith a copy of the letter of Admiral Jaures on the subject of the arrest of Quartermaster West.

I avail myself of this occasion to renew to you the assurance of the high consideration with which I have the honor to be your excellency’s most obedient, humble servant,

DU CHESNE DE BELLECOURT, Minister Plenipotentiary of his Majesty the Emperor of the French, in Japan.

His Excellency Gen. R. H. Pruyn, Minister of the United States in Japan.