and fair dealing with the United States, has seriously and steadily pursued and still pursues the course indicated by the able leader from his pen, to which I have pleasure in inviting the attention of yourself and of our countrymen through the State Department. I have, etc., RICHARD B. HUBBARD. [Inclosure in No. 409-Translation.] IMPORTS FROM THE UNITED STATES SHOULD BE ENCOURAGED. [From the Jiji Shimpo.] The public as a rule generally speak of Western nations as a whole, but if considered from their relations with the East, there must be different degrees in their grade. Germany and France, for instance, are strong continental powers of Europe, but their strength is only limited to Europe and their influence in the affairs of the Orient is not predominant. In the case of England, however, it is entirely different; she is the most influential power in the East with regard to commercial and military affairs. The circumstances being thus, we most strongly dissent from any action which may in any way wound the susceptibilities of that power. Therefore Japan should be careful not to injure the commercial interests of England, but, on the contrary, do all in her power to gain her good-will in diplomatic and other relations so far as is consistent with national honor. The above view is not only held by ourselves but also by those who have the welfare of the country at heart. Although we do not mean by the above that our commercial and other relations with foreign powers should be unheeded, yet we are of opinion that England should be placed in the foremost position in diplomacy as well as commerce in the affairs of Oriental nations. Without any reference to political relations, there is one other country which is in no way inferior to England from a commercial point of view, the United States of America. The present foreign trade of Japan is 80,000,000 yen, of which 48,000,000 yen consists of exports. Out of this amount 19,000,000 yen are exported to the United States. Though a portion should be deducted from this amount which is forwarded for sale and consumption in Canada, yet the United States must be considered as the foremost of our customers. The commercial relations existing between England and Japan are only due to the large amount of imports from that country. The demand for yarns and shirtings is very great, and these, taken in connection with other manufactures, make the total value of imports from England 12,000,000 yen. She is the largest importer to Japan, but as a customer she is far inferior to the United States and even China and France. If a comparison be made between England and the United States on the basis of which country benefits Japan the more, we think we must decide in favor of the United States. Leaving the question of importance aside, what is most strikingly observable by the Japanese is, that the United States is a new country where everything is also new. It is not only observable in the increase of population and advancement of commerce, but also in the less cut and dried working way of things, through which Japan may be enabled to make substantial profits. In England and other European countries it is different, everything being carried on under a regular system, and although the commerce of those countries is prosperous, there is not much opening for Japanese enterprise. In the United States, however, Japanese may freely enter into commerce with a fair prospect of success, as will be seen on reference to the success of some of our most enterprising merchants. Japan is at present very busy in studying which of her productions will be the most suitable for export and also of most benefit to the country. Our most suitable exports seem to have been those accepted by the United States, and we would do well to stimulate as much as possible our present commerce with her in tea and silk. On careful examination it will be seen that the United States will in the future become the chief consumer of the productions of Japan. No one can deny the fact that it would be better for us to seek trade in the United States than to seek it in Europe. If the country is to be benefited in the future, the United States must in no wise be slighted. One question-and that an important one-is the inequality of the balance of trade between the two countries. Our exports to the United States last year were 19,000,000 yen, while the imports from that country amounted to only 3,400,000 yen, which is only one-sixth of the export. This inequality was not noticed only last year, but it has been so for some years past, owing to the large increase in the export of raw silk. Unless some means are discovered to encourage imports from the United States, the difference will become still greater year by year, as there is a prospect of our exports to that country being increased in the future, but it is also clear that this disproportioned state of trade is not causing loss to the United States. For instance, the import of raw silk from Japan is necessary to repel the import of European silks, which are high in price, owing to little competition, and as for tea and other articles which we forward, they stand outside the sphere of American productions. As they do not injure or interfere with American interests, it will be thought that it is best to leave it to take its own course, but in the trade of the civilized world it is incumbent that all the means in a nation's power should be brought to bear on trade for mutual benefit. It follows, therefore, that it is a moral obligation on the part of commercial men to order goods from their customers rather than from others if there is no difference in the price. The United States is just such a customer, so Japan must do her very utmost to oblige her and gain her esteem; therefore it is necessary that Japan should, in view of the moral obligation above mentioned, purchase from the United States instead of Europe. In addition to this there are many articles manufactured in the United States.which are far superior to those of other countries, both in quality and cheapness. We will now mention a case in point. The entire capital to be invested in the railway industry is estimated at 50,000,000 yen; of this amount 25,000,000 yen will be paid for the importation of rails, locomotives, etc., from abroad. Although we consider that England stands foremost in the manufacture of rails, it is beyond all question that in the manufacture of locomotives and passenger cars none can equal the United States, and it would be well for us to purchase from her if only or the purpose of balancing trade. Other articles, if there is no perceptible difference in the price, should also be purchased from the United States. This is important, as it will be the means of greatly increasing the exports of Japan in the future. No. 419.] No. 733. Mr. Hubbard to Mr. Bayard. [Extract.] LEGATION OF THE UNITED STATES, Tokio, December 28, 1887. (Received January 21, 1888.) SIR: I have the honor to inclose for the information of the State Department two copies of a late Imperial rescript promulgated on the 25th instant, intended, as expressed by the Government, to secure "the maintenance of public tranquility and to prevent disturbances opposed to the welfare of the people and to the nation's political reforms." I have, etc., RICHARD B. HUBBARD. [Inclosure in No. 419.-Translation.] IMPERIAL ORDINANCE, NO. 67. I hereby sanction the following ordinance and order it to be duly proclaimed, deeming it necessary at the present juncture to the maintenance of public tranquility and to the prevention of disturbances opposed to the public weal and to the improvement of the administration and the progress of the nation. HIS IMPERIAL MAJESTY'S SIGN-MANUAL. [PRIVY SEAL. ] December 25, 1887. Countersigned: ITO HIROBUMI, President of the Cabinet. YAMAGATA ARITOMO, Minister of State for Home Affairs. YAMADA AKIYOSHI, Minister of State for Justice. ART. I. Secret societies and secret assemblies are hereby forbidden. Those violating this regulation are liable to be punished with minor imprisonment for a period of not less than one month and not more than two years, together with a correctional fine of from 10 yen to 100 yen. Ringleaders and instigators shall be liable to punishment two degrees heavier than the above. The minister for home affairs is authorized to provide and enact suitable measures for obstructing the communication or union of the above-mentioned secret societies and meetings, in accordance with article 8 of the meeting regulations. Any person violating them shall be liable to the above penalties. ART. II. It shall be competent for the police, without preliminary reference to higher authority, to put a stop to open-air assemblies or meetings, should they deem such a step necessary. Persons acting in violation of this order, or inciting others to disobey, ot persons willingly attending such meeting or assembly, are liable to minor imprison. ment for a period of not less than three months and not more than three years, together with a correctional fine of from 10 yen to 100 yen. Any person acting as a follower of the above is liable to a fine of from 2 yen to 10 yen. And any person carrying arms or causing arms to be carried at such meetings or assemblies is liable to punishment two degrees heavier than the above. ART. III. Any person or persons plotting or instigating disturbance, or who publish books or pictures designed to disturb the public peace, are liable to punishment under the criminal code and the press laws, and to the confiscation of all publications as well as the plant used in their publication. Ignorance of the import of such publications will not constitute a valid plea for exemption from the penalties imposed by this article. ART. IV. Persons residing or sojourning within a radius of 3 ri round the Imperial palace or an Imperial place of resort, who plot or incite disturbance or who are judged to be scheming something detrimental to the public peace, may be ordered by the police or local authorities to leave the district within a fixed number of days or hours with the sanction of the minister for home affairs. Any person who does not depart within the stated time or day, or who after departure is again guilty of any of the aforesaid offences, is liable to a penalty of from one to three years' minor imprisonment and to police surveillance for a period not exceeding five years. Such surveillance to be exercised within the district of their original registration. ART. V. In the event of peace and good order in any place or district being imperilled by popular excitement or preparations pointing to disturbance, it shall be within the power of the cabinet to proclaim that district and to order that the following provisions, either wholly or in part, be applied within it for a fixed period: (1) All public meetings, whether in the open air or otherwise, under whatsoever pretext they may be held, shall be illegal, unless previous sanction has been obtained from the police authorities. (2) The publication of all newspapers and printed matter shall be illegal without a preliminary inspection by the police authorities. (3) It shall be illegal to use, carry, or trade in guns, pistols, gunpowder, sword canes, etc., without special permission from the local authorities. (4) The comings and goings of travellers shall be submitted to surveillance and a special passport system will be put in force. ART. VI. Persons guilty of offences against these regulations are liable to minor imprisonment for a period of from one to two years, together with a fine of from 5 yen to 200 yen. Any one guilty of an offence against the criminal code, as well as against these special regulations, shall be further liable to punishment under that code. ART. VII. This ordinance shall be put in force and effect from the day of its promulgation. No. 426.1 No. 734. Mr. Hubbard to Mr. Bayard. LEGATION OF THE UNITED STATES, Tokio, January 13, 1888. (Received February 9.) SIR: I have the honor herewith to transmit to the Department of State copies of "Imperial Ordinance No. 75," embodying certain amendments and alterations in the "Newspaper Regulations" of this Empire. While the Government has by the Imperial rescript issued on the 25th December, 1887 (forwarded to the Department in my dispatch No. 419), strengthened its powers against political agitators, they have almost contemporaneously, to a large and gratifying extent, struck the fetters which bound the press, and thus widened the sphere for usefulness and power of this great promoter of civilization and just government. The punishments for the violation of certain articles (to wit, articles 1, 3, 4, 16, 17, and 18) of the former press regulations have all been reduced, being in most cases for the same defined offenses only about half as severe as formerly imposed. In some cases the reduction of punishments are even greater than that just designated. In article 31, for example, for the publication of articles tending to disturb the present form of government, the punishment has been reduced from imprisonment for from one to three years and a fine of from 100 to 300 yen to impris onment for from two months to two years and a fine of from 50 to 300 yen. In this connection it is also gratifying to observe that the old article of the press regulations which prohibited the proprietor, editor, or printer of any newspaper which had been suppressed from acting in a similar capacity for two years has been entirely expunged, as well as several other articles of the old repressive rules imposing seemingly harsh and onerous punishments. Taken as a whole, these new regulations in liberality are far in advance of the old ones and as such deserve and will receive the earnest welcome of all the treaty powers. It is a decided step to the front and towards what we are pleased to call the "liberty of the Press," as defined in England and America. While this step may seem to be, and in fact is, hesitating and timidly cautious, when viewed from the standpoint of the great English-speaking countries, yet appreciating as we should the difficulties under which this Government has labored, and the conrage with which it has cut loose from the traditions of ignorant superstitions and the tyranny of feudal days in its wonderful strides toward higher national standards, and what real and unprecedented advances have been made within the past one-third of a century-a mere moment of time compared with the centuries of progress and ripening civiliza tion of western nations-when these and other obvious conditions are regarded, the promulgation of such an imperial ordinance enlarging the liberties of the press may properly be welcomed as the harbinger of a brighter day for the people and the Government of the Empire. I have, etc., RICHARD B. HUBBARD. [Inclosure in No. 426.-Translation.] IMPERIAL ORDINANCE. We hereby give our sanction to the present ordinance relating to the amendment of the newpaper regulations and order it to be promulgated. [PRIVY SEAL.] HIS IMPERIAL MAJESTY'S SIGN-MANUAL. COUNT HIROBUMI ITO, Minister President of State. COUNT ARINORI YAMAGATA, Minister of State for Home Affairs, COUNT AKIYOSHI YAMADA, Minister of State for Justice. IMPERIAL ORDINANCE NO. 75.-NEWSPAPER REGULATIONS. ART. I. Any person desiring to publish a newspaper shall, two weeks previous to the day of the first publication thereof, send in a notice to that effect to the department of state for home affairs through the local government authorities (in Tokyo, through the metropolitan police office) in whose jurisdiction the said newspaper is to be published. ART. II. In the said notice of intention of the publication of a newspaper the following particulars shall be mentioned: (1) The name of the newspaper. (2) The nature of the topics to be treated. (3) The periods of publication. (4) The place wherein published and the place wherein printed. (5) The names and ages of the publisher, editor, and printer. When there are two or more editors the name of that editor shall be given who has the principal charge of the editorship. It is, however, permitted that the editing of a paper be divided into several sections, and that a responsible editor be placed over each one thereof. ART. II. When, after the foregoing notice has been given, any change is to be made in the name of the newspaper, in the nature of the topics to be treated, or of the pub-. lisher, a notice shall be sent in two weeks beforehand, in accordance with the provisions of Article I. Whenever any change has been made in the period or place of publication of any newspaper, in the place where it is printed, in its editor, or in its printer, a notice to that effect shall be sent within one week, in accordance with the provisions mentioned in Article I. ART. IV. When the publisher of a newspaper has died or has become legally disqualified a new publisher shall be instituted, and a notice thereof shall be given within one week, in accordance with the provisions of Article I. In the meanwhile, the paper may be published under the name of the "provisional publisher." ART. V. When there has been no issue of a newspaper after a lapse of fifty days from the day on which notice of its intended publication has been sent in, or from the day on which its publication has been stopped, the said notice of publication shall become void. ART. VI. Only a Japanese male subject above twenty full years of age can become the publisher, editor, or printer of a newspaper. No one who has been deprived of his public rights can become the publisher, editor, or printer of a newspaper, nor can any one do so whose public rights have been suspended, as long as they remain so suspended. ART. VII. Neither the editor nor the printer of a newspaper is allowed to act at one and the same time in both capacities. ART. VIII. Every publisher of a newspaper shall, simultaneously with the giving of notice of intended publication of a newspaper, deposit with the local government authorities (in Tokyo with the metropolitan police office) one or the other of the following sums of money as security: (1) In Tokyo, one thousand (1,000) yen. (2) In Kyoto, Osaka, Yokohama, Hyogo, Kobe, and Nagasaki, seven hundred (700) yen. (3) In all other localities, three hundred (300) yen. One-half only of the above specified respective amounts shall be required of newspapers published three or fewer times per month. The security required may be furnished in the form of public loan bonds at the current market rate, or in the form of deposit notes issued by national banks. Such papers as contain only matters relating to science, art, statistics, Government notifications, or to reports of market prices, shall not fall within the scope of the provisions of this article. ART. IX. The security shall be returned when the publication of the newspaper has been discontinued or prohibited. ART. X. When the notice mentioned in Articles I, III, and IV has not been sent in, or when a newspaper, for which security is required, has been published without the deposit thereof, the chief of the metropolitan police office or the governor of the locality shall stop the publication of such newspaper until the proper notice has been given or the security has been deposited. ART. XI. A newspaper shall contain in each and every issue the names of the publisher, of the editor, and of the printer, as well as of the place of publication. Any one appending his signature to a newspaper or to any statement therein contained, otherwise than as the publisher or printer of the newspaper, shall be held equally responsible with the editor thereof. ART. XII. On the issue of every number of a newspaper, two copies thereof shall be at once sent to the department of state for home affairs, and a copy each to the local government authorities (in Tokyo to the metropolitan police office) and to the public prosecutor's office in the court of first instance of the locality of publication. ART. XIII. Whenever a misstatement has been made in a newspaper, and the party affected thereby, or any party concerned in the matter, demands its correction, or sends for publication a communication containing correction or protest, the correction shall |