the 4th February, the people of Japan would not comprehend why the criminal was executed, and they might feel hurt to learn that while no foreigner lost his life, that of a Japanese had been taken. In proof of their argument, and referring to the proceedings in the case of the person who in Paris fired at his Majesty the Emperor of Russia, it is said that in Europe, when no one is killed, the life of the criminal is spared.

The Japanese commissioners further declare, that the man has deserved death; that sentence has been passed, and that they applied to the clemency of the representatives in order to learn whether means could be found to save the life of the criminal.

The first argument requires no refutation. The attack made upon a great number of unarmed and peaceful foreigners is certainly the most serious one that has been committed since the establishment of relations between the treaty powers and Japan, and the fact that by God's mercy no one was killed, should certainly not be admitted in extenuation, as the will to kill unquestionably was not lacking. It should moreover not be forgotten that during the entire period in which this matter has been discussed no expression of regret was tendered to the representatives, neither on behalf of the Prince of Bizen nor of his karo, (secretary,) or the guilty officer.

The second argument is simply an appeal to our feelings of humanity, and the minister of England has correctly summed up the impression of the conference, when he stated that we had met to decide whether clemency or strict justice would produce the better effect and protect more efficiently in the future the lives of our countrymen in Japan.

I consider the crime a political one, and one flowing from the estimate of worthlessness of the life of a foreigner, and from the almost certainty of impunity for an attack against foreigners, and this, in my opinion, has been the case of all murders for political reasons in Japan, and which the inefficiency of the laws and of the police in this country has unfortunately countenanced.

Six months ago, on the occasion of the attack on my secretary, Mr. Schnell, I had the honor to state to my colleagues, as I officially stated to the government of the Tycoon, that I saw of only one way of putting a stop to such murders and repeated attacks, and that was to demand the capital punishment of any samurai (two-sworded man) who, without just provocation, should draw his sword on a Prussian subject.

Recent events have not changed my opinions. However I may individually regret my inability to save the life of a man, I feel the more convinced that our clemency would not be appreciated, but would rather be mistaken for an admission of weakness or fear.

I regret to say that I am far from believing that the execution of this criminal will put a stop to murder in Japan; it is quite possible that some may be perpetrated by the relatives or the friends of the criminal from motives of personal revenge, but it is my opinion that the execution of the criminal, who is of high rank, and who evidently belongs to a good family, will produce an excellent and wholesome effect on the people of Japan.

It will prove, at all events, to Daimios, to superior officers and to the armed classes generally, that whoever attacks a foreigner does so at the risk of his life-that punishinent will be demanded; that in Japan a power exists which can decree such punishment, and that the head of such a person, however high it may be placed, will fall in atonement of the crime.

The fact that the attack was made by a Daimio's train, and the plea that foreigners had broken through the ranks, is for me an additional reason to insist upon capital punishment. This is the second time that, for a similar reason, a Daimio's train murders inoffensive foreigners by the sword or with muskets. On the first occasion the attack on Messrs. Richardson, Marshall and others, remained unpunished, in so far at least that both the man who gave the order and those who carried it out escaped the deserved chastisement. Would it not be well, therefore, to prove to the Daimios and their Karos, that if we are unable to protect our countrymen from the attacks of common assassins, we are quite able to protect them in cases as now in question, and that an infringement of Japanese ceremonial shall no longer be regarded as excusing the order to murder foreign subjects.

In conclusion, and though this consideration is far from exercising a decided influence on my opinion, I cannot help believing, particularly after the request which has so unexpectedly been made to us, that the grant of mercy would have a very bad effect on our relations with the government of the Mikado, which has furnished us brilliant evidence of their energy and power. Neither myself, nor, I believe, the majority of foreigners and Japanese, could well escape the instinctive self-suggestion that sentence has been passed only to meet our demands, and not as a punishment justly due; that it was in fact a result of political circumstances, a compliance in an emergency, rather than the expression of the will and the power of the Mikado to cause the lives of foreigners to be respected.

Clemency would thus have a worse effect; it would completely destroy the respect and the consideration which are our only means of legitimate influence in this country,

and the steps we have taken for the protection of our countrymen would become base

ness.

In view of the foregoing considerations, I believe it to be my duty to vote for the execution of the sentence passed by the Mikado, and admitted by him to be just and reasonable.

VON BRANDT.

Taki Tensaboro, a retainer of Hiki Tatewaki, a retainer of Matsdaira Bizennokami, being an officer in command of armed troops in the service of his Majesty the Mikado of Japan, such detachment of troops numbering not less than one hundred and fifty, while marching through the foreign concession at Hiogo (Kobé) on the 4th day of February, 1868, wantonly and without provocation dismounted from his horse, and ordered his troops to fire with their rifles upon the unarmed, defenceless, and unsuspecting foreigners then in the streets, and upon the concession ground.

The order was immmediately obeyed, and without warning a rapid fire was opened by his men upon all the foreign residents and representatives, nearly fifty of whom were exposed to this savage and lawless attack for the space of five minutes and Two French marines were wounded by spears in the hands of Japanese, while an American sailor was struck down in the act of running from them, by a rifle bullet; two citizens, in attempting to remove this wounded man, were deliberately fired at several times at short range.

more.

This was an indignity offered to the foreign powers, whose flags were floating in plain view, and at which some of the balls were evidently directed. It was a breach of international law-an infringement of the most sacred treaty obligations, first guaranteed by the Tycoon and then ratified by the Mikado, and a violation of the personal rights and privileges of those foreign representatives, citizens, and subjects who were exposed upon this occasion to the murderous attack.

All this was done by an officer in the service of the Mikado, the supreme power in Japan.

After mature deliberation, the foreign representatives unanimously demanded a reparation, which they believed to be only commensurate with the acts: an ample apology from the government of the Mikado to the respective governments who had thus been outraged, and the capital punishment of the officer who had directed it.

This demand was not made in a vindictive spirit, but with the object of impressing upon the Mikado, his government, and the whole people of Japan, the fact that it is no trifling matter to violate treaty obligations and international law, and that they could not with impunity thus insult the governments which were here represented. The Mikado answered that the demand was reasonable and should be carried out. No extenuating circumstances have been offered upon the part of Taki Zensaborohe has expressed no regrets and tendered no apology.

The offender was ordered to Kioto, was judicially tried according to the laws of Japan, and by a court having competent jurisdiction, upon the evidence given, was found guilty, and properly sentenced to the punishment awarded to the offence of which he was so convicted.

There is no error in the proceedings, and there is no complaint that the punishment is excessive. On the other hand, we are officially informed that the judgment is warranted by the law and the evidence, that the sentence is just and right, and the punishment such as is usual for the commission of like offences. The time and place of the execution of that sentence is fixed, and the question now is, shall we request the Mikado to reprieve the man?

Were it a matter personal to myself, where my own feelings and interests were alone concerned, I should say yes. I do not desire, as an individual, this man's execution. But I am not acting for myself alone. My government and my countrymen have rights, and I am here to protect them. What I believe to be a stern duty, compels me, after serious and careful deliberation, to say no.

I think it would be clemency thrown away, humanity wasted. From my limited knowledge of Japanese character, I believe such an application on our part would be looked upon by them as an indication of weakness and fear, and the motives which induced the act would not only be misunderstood, but misrepresented. Reprieve him, and on the next occasion of the passage of troops through this town, there may be a recurrence of the outrage.

It will be said and believed throughout Japan that the foreign representatives dare not require the punishment of a Japanese, awarded by their courts of justice, and the murder of foreigners will occur with impunity. The courts themselves, seeing what they will denominate our weakness and vacillation, will be remiss in their efforts to detect, try, and properly punish criminals of this character.

The same reasons which induced me to unite in the demand for the capital punishment of this offender are still active in my mind. It will demonstrate to us that the

Mikado's government is a reality, that it is a substantial government, that it can and will punish the infraction of treaty stipulations and breaches of international law, and that it desires to strengthen its friendly relations with the foreign treaty powers.

In my view, our only true safety consists in making just demands and standing to them. Japanese character is not that of a Christian country. In yielding one iota from what we believe to be right, and what has been pronounced reasonable by the Mikado, we lose our vantage ground, and we are again plunged into a new sea of difficulties.

SIR: In compliance with your request, I witnessed the execution of the Japanese official who ordered his troops to fire on the foreigners at this place, on the 4th ultimo. The particulars are as follows:

I left the legation at about 9 p. m. last evening, in company with the officers attached to the foreign legations, and proceeded to Hiogo, where we were met by a guard who escorted us to the temple where the execution was to take place. There was a large number of people on each side of the street leading to the temple, and quite a number of soldiers drawn up inside and about the temple. We were shown into a room adjoining the Japanese officials, where we were asked if we wished to question the person about to be executed, (to which we answered in the negative,) and also the names of the officials present.

After waiting about a half hour, we were conducted by the Japanese officials into what appeared to be the principal room of the temple, which was lighted with candles, and in front of the altar was a raised platform of about a foot in height, which extended across the room, and we were placed on the right of the altar, within a few feet of where the execution was to take place, with the Japanese officials on the left. In front of the altar there was a green cloth, and in front of that a red one. We were informed that the execution would take place on the red cloth. Seating ourselves upon the mats on the platform, we awaited the execution.

In a few minutes the prisoner came in, dressed in the usual Japanese dress of a person of rank, accompanied by the executioner. He walked, with a steady, firm step, in front of the altar, where he knelt in prayer. He then arose and went to the red cloth, where he knelt and made the confession that "he was the officer that ordered the troops to fire upon the foreigners, and also to fire upon them when they were trying to escape." He then disrobed himself to his waist, and reached out for a knife that was near him, which he thrust into his bowels, and leaning forward at the same time, the executioner, with one blow from his sword, severed his head from his body. This occurred about 10.30 p. m. The Japanese then bowed to the floor, on which we all did the same. We were then asked if we were satisfied with what we had witnessed, when we replied in the affirmative. After a lapse of a few moments we were informed that all was over, when we arose and took our departure. The whole scene was one of great solemnity, and very impressive.

Very respectfully, your obedient servant,

General R. B. VAN VALKENBURGH,

J. BLAKELY CREIGHTON, Commander.

Minister Resident of the United States in Japan.

MARCH 2, 1868.

SIR: I have received his Majesty's command to apologize to you, for the unprovoked attack by the retainers of Bizen, upon the ministers and subjects of foreign powers, which offense is all the more grave from its being committed just at a time when the new government of the Imperial Court is being constituted. I am also commanded to state to the R. R. that the clans will be informed of the intention to cultivate mutual good faith, and strictly enjoined to abstain from such outrages upon our intercourse, and that consequently the Imperial Court holds itself responsible for all such acts.

I have, &c.,

UWAGIMA SHOSHÔ. [SEAL.]

NOTE. In the present case Hiki Tatewaki is condemned to be put in confinement, and Taki Zenaburo to commit hara-kiri, as shown by the enclosed document.

[Translation.]

TO HIKI TATEWAKI, Retainer of Bizen, No Shoshô.

D

On the occasion of your passing through Kobé weapons were used against foreigners on the pretext that they had broken your ranks, and in aggravation of this the Americans and French, who were trying to escape, and also the foreign ministers, were fired upon, nor was any attempt made to arrange the matter there. This is an outrageous and criminal act. The reformation at present in course of being carried out causes much anxiety to the Imperial bosom, especially in the case of foreign relations, in which is greatly concerned the stability of the nation. His Majesty is determined, whilst preserving his own dignity, to act in accordance with the public law of the universe, and to perform those things which are right and proper.

To have disregarded this state of things, and to have, on the contrary, acted in a way calculated to cause shame to his Majesty, is a flagrant crime, and one which cannot be passed over.

The man who gave the order to fire is therefore condemned to perform hara-kiri in the presence of witnesses of the different nationalities. Dated second month.

TO HIKI TATEWAKI, Retainer of Bizen, No Shosho.

When you were passing through Kobé your followers committed an outrage on foreigners. As this is an act which cannot be passed over, they are punished for it. But as his Majesty is of opinion that it proceeded from the said man's (Hiki Tatewaki's) orders not being properly enforced, it is ordered that he be kept under arrest. Dated second month.

TAKI ZENZABURO, (aged 32,)

Retainer of Hiki Tatewaki, of Bizen.

Mr. Portman to Mr. Seward.

LEGATION OF THE UNITED STATES,
Yokohama, March 6, 1868.

SIR: On the 3d instant the people of Yedo were publicly notified by the government that war had been reported to exist between the Mikado and the Tycoon; that this was not true, but southern Daimios, claiming to act in the name of the Mikado, had declared war against Tokugawa, and that Tokugawa (of which family the Tycoon is the chief) was firmly resolved to maintain his rights.

With reference to this notice, another one was issued to the army and navy, and to two-sworded men generally, ordering them to appear at certain places named to testify their devotion to the Tokugawa cause, and intimating that "those who might be inconvenienced by scruples to appear for the purpose indicated, were permitted to commit hara-kiri, (suicide,) and would receive the assistance of the government to that effect."

Similar notices were issued in the provinces.

I was informed that the attendance at Yedo was universal and most enthusiastic.

An embassy sent by the Tycoon to the Prince of K'shi, offering to ab dicate in his favor, has not yet returned. It is considered doubtful whether this prince will accept, as those who claim to act in the name of the Mikado have abolished the Tycoonate. By accepting the high office of Tycoon, the Prince of K'shi would deviate from his policy of armed neutrality, and invite the hostility of the Mikado's party, which appears to be gaining strength.

If K'shi, therefore, assumes those rights, he may soon have to fight for them, and Stotsbasi (Yokugawa) probably calculates in that case to

step in with his well-organized forces, and decide the contest on his own chosen ground.

Intelligence has been received here, yesterday, that the powerful Daimio Tye Kamonnokami, whose father, while regent, was murdered in Yedo by the Mito party, in March, 1860, had sent in his adhesion to the Mikado's party, and agreed to furnish an escort of three thousand men to the Mikado's envoys now on their way to Yedo. Instead of furnishing the three thousand men that were promised, only five hundred men, indifferently armed, had been sent, and the Mikado's envoys are reported to have been somewhat delayed in consequence.

The Swiss and Portuguese consular officers, claiming to have no authority, have not yet issued any notices of neutrality.

I have reported this omission to Mr. Van Valkenburgh for the information of himself and colleagues.

I have the honor to be, sir, very respectfully, your most obedient servant, A. L. C. PORTMAN.

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington, D. C.

No. 25.]

Mr. Van Valkenburgh to Mr. Seward.

LEGATION OF THE UNITED STATES,
Hiogo, March 11, 1868.

SIR: In pursuance of the joint resolution of the representatives to proceed to Osaka, of which I informed you in my last (No. 24) on Thursday, the 5th instant, Lwent on board of the United States ship Oneida, accompanied by the Italian and Prussian representatives, and proceeded to that city. We found there everything quiet, it being in the possession of the troops of the Mikado, the citizens having returned and being in the performance of their accustomed avocations. The residence of the late Tycoon within the walls of the castle had been entirely destroyed by fire, while the walls themselves and the turrets were shattered by explosions. The barracks surrounding it, together with the buildings formerly occupied as the English legation had also been burned; the building occupied as the French legation and the governor's house and offices were much torn to pieces, and some fires had occurred in other portions of the city. I found Uraijee, the temple I had occupied as a legation, in good condition and ready to receive me. A portion of my furniture, which I had been compelled to leave behind on our hasty departure, had been taken away or destroyed by the troops that had subsequently occupied the temple. I landed and marched through the city, some seven miles, taking with me only a marine guard of ten men, under command of Midshipman Emory, all of whom were kindly furnished me by Commander Creighton of the Oneida. On the next day, the 8th instant, I received a visit of ceremony from Higashi Kuze, Sakinoshosho and Date Tyonokami, the two commissioners for foreign affairs, who congratulated me upon my arrival and expressed a desire to continue and cultivate friendly relations between the government of the United States and that of the Mikado. I reciprocated their friendly desire and good wishes. They informed me again, in answer to inquiries put, that large bodies of troops were marching toward Yedo, that three envoys had been sent with them to treat with Tokugawa Yoshinobu, (the late Tycoon,)