such a plan must of course depend upon the sanction enforcing compliance with its provisions. In this case, although the Imperial Government are unable directly to compel the Japanese subjects to register as desired, they can indirectly make registration highly desirable, if not indispensable, in the majority of instances, by refusing to grant certain consular certificates to nonregistered persons. These include certificates relating to conscription and various matters affecting personal rights and status the possession of which, in view of the processes of Japanese law, is of great importance to most Japanese resident abroad. Count Hayashi is gratified to find in the ambassador's statement with reference to the course to be adopted in the event of future renewal of Japanese emigration to Hawaii substantial accord with the opinion entertained by the Imperial Government, which is that if at any time hereafter it should appear desirable to depart from the present policy of prohibition, that step should only be taken after ascertaining through an American official source the labor conditions prevailing in the islands and the need thereof. No. 230.] Mr. O'Brien to Mr. Root. MARCH 10, 1908. SIR: I have the honor to confirm herewith, by separate inclosure, my cablegram of February 26 last. In this connection, there is little to add beyond an explanation for incurring so great an expense. I was finally influenced to give the entire note from the Foreign Office dated February 23, and a synopsis of the preceding one of the 18th, because it was assumed that the subject was imminent in Congress, and I disliked to take the responsibility of giving a synopsis. I ventured to say at the close of the telegram that perhaps as much had been promised as could be expected, and that it was believed there was an honest intention to make these promises effective. I adhere to the first, but my confidence in the matter of enforcement has been a little shaken by a report from Dr. Cumming at Yokohama showing the large number sailing during the month of February. The figures will be made. a part of a separate despatch. There is among the officials of the Foreign Office the greatest appearance of sincerity, but I am greatly disappointed by the February record. The only explanation made by the Foreign Office will appear in separate despatches, but it is far from satisfactory to me. I have the honor, etc., T. J. O'BRIEN. Inclosure: Copy of cablegram of February 26, 1908 [omitted]. P. S. On the overleaf is confirmed an exchange of telegrams between the Department and this embassy on the same matter. T. J. O'BRIEN. Confirmation of telegrams, mentioned in postscript to Mr. O'Brien's No. 230 of March 10, 1908. (Reading of telegram received February 28, 1908.) AMERICAN EMBASSY, Tokyo. Repeat eleven hundred sixty-eight text 61478. ADEE. (Reading of telegram sent February 28, 1908.) SECRETARY STATE, Washington. FEBRUARY 28-3 p. m. Group eleven sixty-eight correctly transmitted. Foreign Office now substitutes for sanction the words "means of;" group eleven hundred eight should be registration. Mr. Root to Mr. O'Brien. [Telegram.] DEPARTMENT OF STATE, O'BRIEN. Washington, March 9, 1908. Convey to the Minister for Foreign Affairs an expression of the appreciation of the United States Government of the considerate and kindly way in which the Government of Japan has treated our suggestions designed to aid in promoting the effectiveness of the new regulations through which the Government of Japan aims to limit emigration to the United States. In making those suggestions the Government of the United States has not at any time lost sight of the fact that we are in a far less favorable position than the Government of Japan to form a correct judgment as to what regulations will be most effective and can most conveniently be enforced under the jurisdiction of Japan for the accomplishment of the purpose which both Governments have in view. While the adequacy of the measures now contemplated must very soon be determined by experience, the Government of the United States is happy to join in the hope that the measures which the Imperial Japanese Government has determined upon will be effective, and will make quite unnecessary any distinctively American measures in the future to accomplish the same objects. In furtherance of this result the Government of the United States will gladly assist in every way, including the monthly exchange of statistics and the cordial and frank cooperation of the officials of the two countries. For your information. The inclosures with your No. 174, the laws and regulations relating to emigration, and generally the methods and practices of the Japanese Government make our conviction complete that they can control this immigration if they really try to, including registration and even deportation by Japanese lines to Canada or Mexico. We consider that the success of the plans outlined depends solely upon a continued and sincere determination and constant circumspection by the Japanese Government. It is very important that statistics immediately respond to the new policy. To prevent exclusion legislation it is necessary not merely that the number of nominal laborers be reduced, but that the total number of Japanese coming to this country shall promptly and materially decrease. ROOT. Mr. O'Brien to Mr. Root. AMERICAN EMBASSY, Tokyo, March 25, 1908. (Received April 22, 1908.) SIR: I have the honor to acknowledge the receipt of the Department's telegraphic instruction of the 9th instant on the subject of Japanese emigration, a copy of which is transmitted herewith (Inclosure No. 1). In a note to the Japanese Minister for Foreign Affairs on March 12, a copy of which accompanies this despatch (Inclosure No. 2), I expressed the appreciation of the United States Government of the consideration and good will of the Government of Japan and its hope that the regulations introduced will finally prove effective. At the same time I pointed out the lack of complete success up to the present time of these regulations in controlling the desired restriction. The reply of the Imperial Government to this note has been received to-day, and is now forwarded (Inclosure No. 3). Inclosures: I have the honor, etc., T. J. O'BRIEN. No. 1. Copy of Department's telegram of 9th instant [see p. 36]. [Inclosure No. 2 with Mr. O'Brien's Despatch No. 257, of March 25, 1908.] F. O. No. 74.] Copy of note to Minister for Foreign Affairs. MARCH 12, 1908. MONSIEUR LE MINISTRE: I have the honor to advise your excellency that after receiving your note of the 23d ultimo, on the subject of Japanese emigration, I promptly made known its substance to my Government. The measures proposed by you in the note referred to, and in those preceding, have been considered and a response has just come to hand. Your excellency will be pleased to be informed of the expression of confidence and good will entertained by my Government, and I am asked to make known to you its appreciation of the considerate and kindly way in which the Government of Japan has treated the suggestions designed to aid in promoting the effectiveness of the additional regulations. In making these suggestions the Government of the United States has not at any time lost sight of the fact that it is in a far less favorable position than the Government of Japan to form a correct judgment as to what regulations will be most effective and can most conveniently be enforced under the jurisdiction of Japan for the accomplishment of the purpose which both Governments have in view. While the adequacy of the measures now contemplated must very soon be determined by experience, the Government of the United States is happy to join in the hope that the plans which the Imperial Japanese Government has determined upon will be effective and will make quite unnecessary any distinctly American measures in the future to accomplish the same object. In furtherance of this result, the Government of the United States will be glad to exchange, each month, the statistics, and shall hope for the cordial and frank cooperation of the officials of the two countries. The Government of the United States is convinced that the Japanese Governcompletely control the desired restriction, if the measures proposed shall ment can be put in force, and if through administrative effort a constant circumspection shall be maintained. To this end it is hoped that the Japanese Government will proceed to the extent of deporting to Canada or Mexico, by way of Japanese lines, those persons originally emigrating to the territories named, but who have wrongfully obtained admission into the United States. In order to minimize to the greatest extent this evil practice, the measure proposed would go far toward limiting the abuse in question, and will relieve my Government from the watchfulness, anxiety, and expense which will otherwise be found necessary. I expected that the measures voluntarily adopted by the Japanese Government in the past would have shown a higher degree of success than is indicated by continuing statistics, and that ere this the number proceeding thence would have more sensibly decreased. I have lately, in an informal way, drawn the attention of your excellency to the large number proceeding to Honolulu and the continental territory of the United States during February-figures which have been a source of real disappointment. Still later information showing an unexpected number taking passage on ships sailing on the 3d and 4th of the present month has just been received. I am informed that on the Tango Maru, sailing the 4th instant, there were 169 Japanese in the steerage destined to Seattle. My fear is that a large percentage of these will be found to be laborers within the settled meaning of that term. I shall be gratified beyond expression when the new type of passports shall be introduced, and above all when the granting of them shall be taken in hand by your excellency. It has been demonstrated that no satisfactory result can be expected. so long as the power to issue passports shall remain in the governors of the Provinces as heretofore, and I look upon this reform as indispensable. Under the intelligent and harmonious system thus to be adopted, it will be easy to limit the issuance of passports to those whom all would agree were entitled to possess them. I avail myself, etc., COUNT HAYASHI, His Imperial Majesty's Minister for Foreign Affairs, etc., etc., etc. T. J. O'BRIEN. [Inclosure No. 3 with Mr. O'Brien's Despatch No. 257, of March 25, 1908.] Copy of note from Imperial Government. DEPARTMENT FOR FOREIGN AFFAIRS, Tokyo, March 25, 1908. MONSIEUR L'AMBASSADEUR: I have the honor to acknowledge the receipt of your excellency's note, dated the 12th instant, conveying the expression of confidence. and good will of the American Government, as well as its appreciation of the considerate and kindly way in which the Government of Japan has treated the suggestions made on the subjects of Japanese immigration. The Government of the United States, while being convinced that the Imperial Government can completely control the desired restriction, expresses the hope that the Japanese Government will proceed to the extent of deporting to Canada or Mexico, by way of Japanese lines, those persons originally emigrating to the territories named, but who have wrongly obtained admission into the United States. It is the source of great satisfaction to learn that the unreserved efforts of the Imperial Government to attain an honorable solution of the question of Japanese immigration have been the subject of so cordial appreciation on the part of the Government of the United States. While it can not of course be expected that any new system of administration should have its real effect immediately with its inauguration, the Imperial Government is certain that such real effect of the scheme of restriction which has just been put into execution will not fail to appear within reasonable course of time. As for the hope expressed by the American Government to the effect that the persons who have wrongfully obtained admission into the United States across the Canadian and Mexican frontiers may be deported by way of Japanese lines to the territories named, I regret to have to refer to the memorandum attached to my note of 18th February last. In addition to the reason as set forth in said memorandum, wherefore the Imperial Government is incapable of compelling any Japanese steamship company to carry the persons under consideration back to Japan or to any other territory at its own expense, it must further be noticed that there is no Japanese line whatsoever plying between an American and Mexican ports. In any case this phase of the question, as was explained in my previous note, may be considered as temporary and will settle itself in due course. I avail myself, etc., His Excellency THOMAS J. O'BRIEN, COUNT HAYASHI, Minister for Foreign Affairs. Ambassador Extraordinary and Plenipotentiary of the United States of America. Mr. Root to Mr. O'Brien. Serial No. 131.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your despatch No. 257, of the 25th ultimo, with which you transmit the text, as deciphered by the embassy, of the Department's telegram of the 9th of the same month, a copy of the note based thereon, which you addressed to the Minister for Foreign Affairs on March 12, and a copy of the reply thereto. The embassy's confirmation revealed the fact that several errors had crept into this telegram in the course of transmission or deciphering. One of these, the transposition of the words "by Japanese lines to Canada or Mexico" so as to read "to Canada or Mexico by Japanese lines," in fact materially affects the meaning intended. The Department's reference was to lines plying between Japan and Canada or Mexico. The impression previously expressed that deportation would present no great difficulties was confirmed by a perusal of Article V of Imperial Ordinance No. 153 of 1900 (Regulations Relating to the Functions of Consular Officers), wherein it is stated that Japanese consular officers may, if deemed necessary for the purpose of relief or supervision, order the captain of any Japanese vessel to deport Japanese subjects. If the bearing of this article upon the question of deportation has not been discussed with the Foreign Office, you may deem it advisable that it be touched upon when the embassy explains the misunderstanding which arose through imperfection in the text of the telegram. SIR: I have the honor to acknowledge the receipt of the Department's telegram of the 8th instant, reading as follows: |