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After reflection, it appears to me that the satisfaction required might be given in either of the three following forms, viz: 1st, by the arrest and punishment of the assassins; 2d, by a salute to our flag; or, 3d, by a money payment as an indemnity.

To enable you to form an opinion as to the will or ability of this government to comply with the first of those propositions, I will briefly recapitulate what has already been done in that direction.

The night on which Mr. Heusken was murdered was rainy and dark, and in the unlighted streets his assassins had no difficulty in making their escape without leaving the least trace or clue behind them. The police were immediately on the alert, and orders were sent in all directions to employ a large extra force to seek for the criminals, and the ministers for foreign affairs themselves took part in issuing stringent orders that no effort should be wanting for the arrest of the murderers. These efforts to arrest the malefactors were and are still continued; many persons have been arrested, and although some of them have been put to death, it was for other crimes. The Japanese have zealously investigated every rumor (and there were many) having any reference to Mr. Heusken's death; that their efforts thus far have been fruitless, I conssider as being rather their misfortune than their fault. The officers who attended Mr. Heusken, and the guards who were on duty near the place of his murder, have all been punished for neglect of duty by dismissal from the imperial service, and declared incapable of ever again serving his Majesty. To a Japanese official such a punishment is next to a death penalty; for it deprives him of all means of support, except beggary, as he would prefer suicide to what he would consider as the degradation of labor.

The funeral of Mr. Heusken was attended by the three chief personages of the embassy to the United States, and this mark of sympathy and respect was cheerfully paid, although it was contrary to Japanese custom for non-relatives to attend a funeral, as all the persons so attending are rendered unclean, and must isolate themselves for a certain period of time. I have heretofore informed you of the great imprudence of Mr. Heusken in being out at night after repeated warnings from the Japanese that he ran a risk of being murdered by exposing himself in the way he did. I firmly believe that his death was chiefly owing to his disregard of the warnings of the Japanese, and I equally believe that, had he followed my example, he would have been a living man at this day.

For the reasons thus briefly set forth, I feel constrained to acquit the Japanese government of any complicity in the death of Mr. Heusken, or of even desiring it; and I am equally convinced that they have loyally and zealously endeavored to arrest and punish his assassins.

A salute to our flag would be given under the following circumstances: The five forts of Yedo are built on flats over a mile from the city front, and between three and four miles from the anchorage for large vessels. At present we have no man-of-war here to receive a salute to our flag, nor are there any foreign men-of-war to witness it. The Japanese are almost daily practicing firing from their forts, and for this reason a salute would excite no attention among the masses of the people, and would probably be unknown beyond the persons actually engaged in ordering and firing the salute. The value of this mark of respect would therefore be greatly diminished by the very unfavorable circumstances under which it would be given.

A money indemnity would be attended by a two-fold difficulty; on the one hand, by receiving a sum of money as a satisfaction for the death of Mr. Heusken, it would almost look like selling his blood; while, on the other hand, it might assume the appearance of a "condition precedent" to consenting to postpone our treaty stipulations, and thus be stamped as a transaction.

I am to have an interview with the ministers for foreign affairs on the 26th

instant, and in the interim I shall endeavor to find some solution for the difficulties which occur to me in connexion with this business.

I have not the least doubt that the ministers will readily agree to any demand I may make, provided it be in their power to comply with it.

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

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington.

Mr. Harris to Mr. Seward.

Minister Resident.

No. 50.]

LEGATION OF THE UNITED STATES IN JAPAN,
Yedo, November 27, 1861.

SIR: I have the honor to inform you that, agreeably to a previous appointment, I yesterday had an interview with Kudsi Yamato no Kami and Ando Tsusima no Kami, ministers for foreign affairs, who were assisted by some members of the second council of state.

After an interchange of the usual compliments, I informed the ministers that the President had been pleased to give me discretionary powers in regard to the question of postponing the opening of the cities of Yedo and Osacca, and the harbors of Hiogo and Neegata; but that I had been expressly instructed by you to demand full satisfaction for the murder of Mr. Heusken, the interpreter of this legation, before I entered on the consideration of their requests.

Ando Tsusima no Kami answered that they were willing to give me any satisfaction that might be in their power, and asked me what I required.

I replied, that the arrest and punishment of the murderers of Mr. Heusken was all that I desired.

The minister then said that those criminals should be arrested and punished, but whether that could be done in a month or a year was more than he could foresee. He then recapitulated what had been done by the government to secure the arrest of the assassins, and his statement corresponded with the detail I had the honor to give you on this head in my despatch of the 23d instant, (No. 19.) He continued by quoting the case of the regent, and stating their inability to arrest his murderers, as a proof that their present failure was not an exceptional case. The minister reiterated his assurance that no effort on his part should be wanting to bring these men to punishment, and concluded by saying that if this assurance was not satisfactory, that he wished I would tell him what I further required of them.

I replied that Mr. Heusken was the only child of his widowed mother, who, by his death, had been deprived of her sole means of support. I would therefore propose that they should pay her a sum sufficient for her support, either in annual payments or in a sum sufficient to purchase a life annuity equal in amount to the income she received from her late son. I stated, very emphatically, that they must not consider this a proposition from me to sell the blood of Mr. Heusken, or that the payment of any sum of money could atone for his murder.

After a few explanations had been asked and given, the ministers promptly agreed to pay me the sum of $10,000 for the benefit of Mrs. Heusken. They then stated that they did not consider that the payment of this sum in any way released them from their obligation to bring to punishment the murderers of Mr. Heusken.

It was after much reflection that I concluded to adopt the above mode of

settling this question; and I trust that my action in this matter will meet with your approbation and receive the approval of the President.

I have delivered your letter to the ministers for foreign affairs, and requested them to appoint a day when I can have an audience of his Majesty the Tycoon, for the purpose of delivering the President's letter.

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

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington.

Minister Resident.

No. 52.]

Mr. Harris to Mr. Seward.

LEGATION OF THE UNITED STATES IN JAPAN,
Yedo, December 2, 1861.

SIR: I have the honor to transmit herewith copies of a correspondence had with my colleagues on the subject of the postponement of the date fixed for the opening of the city of Yedo.

The French and English ministers are both awaiting new instructions, which are daily expected to arrive.

Mr. De Witt, the Netherlands consul general, is now at Nagasaki, but I shall no doubt hear from him in the course of the next fifteen days.

The enclosures above referred to consist of, No. 1, Mr. Harris to Mr. De Witt, Netherlands consul general; No. 2, Mr. Harris to Mr. Alcock, British minister; No. 3, Mr. Harris to Mr. de Bellecourt, French minister; No. 4, Mr. Alcock to Mr. Harris; No. 5, Mr. de Bellecourt to Mr. Harris.

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

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington.

Minister Resident.

No. 115.]

LEGATION OF THE UNITED STATES IN JAPAN,
Yedo, November 27, 1861.

SIR: I have the honor to inform your excellency that my government has been pleased to give me full powers to act according to my own discretion in the matter of postponing the opening of the cities of Yedo and Osacca and the harbors of Hiogo and Neegata.

I have already expressed to you verbally my opinion that it was not desirable to open the city of Yedo, at the time fixed by treaty, for the purposes of trade. On reviewing that opinion I do not find any cause to alter the view heretofore taken of this subject; but, on the contrary, I see additional reasons for thinking that the present opening of this city would be attended by complications that would seriously embarrass the diplomatic agents resident here, and possibly might compromise our friendly relations with this country. The case of Yedo is pressing, and requires immediate action, and I much regret that you are not here to give your valuable counsel in this emergency.

I pray you to inform me of your views, not only in respect to the city of Yedo, but also in reference to Osacca, Hiogo, and Neëgata.

The Japanese government have promised to pay me the sum of ten thousand dollars for the benefit of the widowed mother of Mr. Heusken, late interpreter

to this legation, who was murdered in this city on the 15th of last January. As soon as this money has been received by me, I shall cause it to be remitted to Amsterdam for Mrs. Heusken.

I avail myself of this occasion to express to you the sincere esteem and regard with which I have the honor to be your excellency's most obedient, humble

servant,

TOWNSEND HARRIS,
Minister Resident of the United States in Japan.

His Excellency J. K. DE WITT,
His Netherlands Majesty's Consul General in Japan, Nagasaki.

No. 116.]

LEGATION OF the United States in JapAN,
Yedo, November 27, 1861.

SIR: I have the honor to inform you that my government has been pleased to authorize me to exercise my own discretion in reference to the requests of the Japanese government, that the period fixed by treaty stipulations for the opening of the cities of Yedo and Osacca, and the harbors of Hiogo and Neëgata, might be postponed until the 1st of January, 1867.

During the summer of 1860 I had the honor to coufer with you in reference to the opening of the city of Yedo, and I believe there was an entire accordance of opinion between us that it was expedient that the opening of this city should be postponed.

Since that time the subject has frequently been anxiously considered by me, and after carefully reviewing the opinions I have hitherto formed on this subject, I am unable to discover any cause to change them, but, on the contrary, I have found additional reasons for thinking that the present opening of this city would be attended by complications that would seriously embarrass the diplomatic agents resident here, and possibly might compromise our friendly relations with this country, while only a trifling benefit would arise from the city being opened even under the most favorable circumstances.

The time fixed by treaty for the opening of Yedo is so near at hand that some immediate action is required; and if your opinions on this subject remain unchanged, I would respectfully propose that you, the French minister, (to whom I have addressed a counterpart of this note,) and myself, should at once issue notifications to our respective citizens and subjects that this city will not be opened on the 1st day of January next. After this, the question as to how long the city shall remain unopened may be leisurely considered.

In reference to Osacca, Hiogo, and Neëgata, I will give you my views at large whenever you inform me that you are prepared to consider the subject; and in the meantime I do not conceal from you that I am inclined to view the Japanese proposition favorably.

I have the honor to be, sir, your most obedient, humble servant,

TOWNSEND HARRIS,

Minister Resident of the United States in Japan.

RUTHERFORD ALCOCK, Esq., C. B.,

H. B. M.'s Envoy Extraordinary and Minister Plenipotentiary
in Japan, Yokohama.

No. 117.]

LEGATION OF The United States in Japan,
Yedo, November 27, 1861.

SIR: I have the honor to inform your excellency that my government has been pleased to authorize me to exercise my own discretion in reference to the requests of the Japanese government that the period fixed by treaty stipulations for the opening of the cities of Yedo and Osacca, and the harbors of Hiogo and Neegata, might be postponed until the 1st of January, 1867.

During the summer of 1860 I had the honor to confer with your excellency in reference to the opening of the city of Yedo, and I believe there was an entire accordance of opinion between us that it was expedient that the opening of this city should be postponed. Since that time this subject has frequently been anxiously considered by me, and after carefully reviewing the opinions I have hitherto formed on this subject I am unable to discover any cause to change them, but, on the contrary, I have found additional reasons for thinking that the present opening of this city would be attended by complications that would seriously embarrass the diplomatic agents here, and possibly might compromise our friendly relations with this country, while only a trifling benefit would arise from the city being opened even under the most favorable circumstances.

The time fixed by treaty for the opening of Yedo is so near at hand that some immediate action is required; and if your opinions on this subject remain unchanged, I would respectfully propose that your excellency, the British minister, (to whom I have addressed a counterpart of this note) and myself should at once issue notifications to our respective citizens and subjects that this city will not be opened on the 1st day of January next. After this the question, as to how long the city shall remain unopened, may be leisurely considered.

In reference to Osacca, Hiogo, and Neegata, I will give your excellency my views at large whenever you inform me that you are prepared to consider the subject; and in the meantime I do not conceal from you that I am inclined to view the Japanese proposition favorably.

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

TOWNSEND HARRIS,

Minister Resident of the United States in Japan.

His Excellency DUCHEME DE Bellecourt,

H. I. Majesty's Minister Plenipotentiary in Japan, Yokohama.

No. 90.]

YOKOHAMA, November 30, 1861.

SIR: I have the honor to acknowledge the receipt of your letter of the 27th instant, acquainting me that your government had authorized you to exercise your own discretion in reference to the requests of the Japanese government that the period fixed by treaty stipulations for the opening of the cities of Yedo and Osacca, and the harbors of Hiogo and Neëgata, might be postponed until the 1st of January, 1867.

I cannot enter fully into the subject, which is one of grave interest and importance, until I have had further communication with the French minister, and also with the ministers of foreign affairs at Yedo.

But as there is a whole month intervening before the date fixed by treaty for the opening of Yedo, little inconvenience, I conceive, is likely to result from any delay within that limit; and I will lose no time in forwarding you a statement

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