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provisions of the treaty of 1858; and it confidently relies, in its expec tation of the reversal of that action, upon the expression found in the note of the Japanese chargé d'affaires of the readiness of the Japanese Government to abolish the taxes in question if shown to be in conflict with the treaties.

Your protest against these new exactions is therefore approved, and you are instructed to communicate the views herein expressed to the Japanese Government by leaving a copy of this communication with the minister for foreign affairs.

I am, etc.,

Mr. Blaine to Mr. Swift.

JAMES G. BLAINE.

No. 61.

DEPARTMENT OF STATE,
Washington, March 20, 1890.

SIR: I have to acknowledge the receipt of your No. 80, of the 3d of January last, in which you ask instructions on the subject of receiving from the Japanese Government medals and other gifts for American citizens, commemorative of events in which they may have been participants, or of services of a humane or other character which they may have rendered.

By section 9, article I, of the Constitution of the United States it is provided that

No person holding any office of profit or trust under them [the United States] shall, without the consent of the Congress, accept any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

This provision applies to the acceptance by officials of the United States of presents, emoluments, offices, or titles for themselves. By section 1751 of the Revised Statutes of the United States it is provided that "no diplomatic or consular officer shall ask or accept,

for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind," from any foreign government. To the constitutional prohibition against the acceptance by any officer of the United States for himself of a present from a foreign government this statute adds the inhibition that diplomatic and consular officers shall not even receive such a present for anyone else. This provision is absolute, and the words "present, emolument, pecuniary favor, office, or title of any kind" seem to comprehend everything that can be the subject of a gift.

The course generally observed in such matters is for the foreign government to transmit the present (if it be to a person competent to receive it) through its own officials. Where the present is intended for an officer of the United States who is precluded by the Constitution from receiving it, unless authorized by Congress so to do, the course to be followed is prescribed by section 3 of the act of January 31, 1881 (Stats. at Large, vol. 21, p. 604), which provides that—

Any present, decoration, or other thing which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person; but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress.

I am, etc.,

JAMES G. BLAINE.

No. 63.]

Mr. Blaine to Mr. Swift.

DEPARTMENT OF STATE,

Washington, March 21, 1890. SIR: I have to acknowledge the receipt of your No. 91 of the 16th ultimo, in which you inclosed a memorandum correcting Viscount Aoki's précis of the interview which you held with him at the imperial foreign office on the 23d of January last, in relation to the excise duties imposed by the Japanese Government on Scott's Emulsion.

In conducting conversations through an interpreter it frequently occurs that expressions are misinterpreted, and in such case each party is entitled to an opportunity to correct any misstatements attributed to him. After considering the respective accounts of yourself and Viscount Aoki of what was said at the interview, the Department is of opinion that the merits of the question at issue are not involved, and it is hoped that your respective explanations will be accepted as mutually satisfactory.

I am, etc.,

JAMES G. BLAINE.

No. 111.]

Mr. Swift to Mr. Blaine.

LEGATION OF THE UNITED STATES,
Tokio, April 8, 1890. (Received May 5.)

SIR: I have the honor to apprise you of the fact that I have been absent from Tokio for a period of 6 days, beginning with the 30th ultimo and ending the 4th instant. This time was occupied in going to, coming from, and, whilst there, witnessing a series of military and naval maneuvers and exercises of His Imperial Japanese Majesty's land and sea forces, ending with a grand review of troops, covering 4 days of operations within the above period, carried on at and in the immediate vicinity of a large city called Nagoya, on the eastern coast of Japan, and about 235 miles in a southerly direction from the capital. The members of the diplomatic corps were invited by direction of the Emperor, and, with two or three exceptions, all attended. The invita tions, however, so far as the diplomatic body was concerned, were limited to chiefs of missions, except in case of legations having military attachés, when such attachés were also invited. The utmost pains were taken by the officers of His Imperial Japanese Majesty's household department to make our visit enjoyable. Every possible provision was made for our comfort, and the officers having the matter in charge, as well, in fact, as all with whom we were brought in contact, from the Emperor down, were courteous and polite to a degree difficult to describe, but most delightful to enjoy. A large and commodious Japanese inn was fitted up in European style for our accommodation, with the electric light especially introduced for the occasion. Here an excellent table was served, and every day from 20 to 40 people, including 3 imperial princes, the entire cabinet, the generals of the army, and the foreign ministers present, sat down and dined together.

The fact that this is the first time, at least in Japan, that the diplo matic body has been invited to witness these maneuvers and displays of force renders it not improbable that the Government are of the opinion that the army and navy have now reached a point of completeness in numbers, equipment, and discipline that they can with

benefit to the prestige of the country exhibit them to the powers and boldly challenge criticism. Not having myself any military knowledge beyond that obtained by having to some extent traveled in Europe with more or less opportunity to witness parades and reviews of troops, but, except during the Franco-Prussian war, chiefly in time of peace, my opinions of what I saw can be of little or no technical value. But it scarcely requires professional skill to discover that Japan has made very considerable progress in creating both an army and navy modeled upon European systems of construction and discipline, and the recent maneuvers about Nagoya were well calculated to show to the best advantage the progress that has actually been made. The entire affair was laid out so that the operations should be conducted as in a genuine state of war, the general outlines of which alone were prearranged. The scheme of maneuvers and sham battles assumed that an alliance against Japan had been formed between two foreign powers for the conquest of the country; that these allied forces with a powerful fleet of war ships dominated the sea, under the protection of which fleet an army of invasion had been disembarked on the eastern coast off Nagoya; that other hostile vessels of war menaced all the prominent cities of the Empire from Hakodate, on the north, to Nagasaki, on the south; that for defense the Japanese army had completed its mobilization in its various garrisons, while the navy was concentrated in certain protected harbors, and the merchant marine, under the protection of such harbor defenses, were securely anchored in the same ports. The defenses of these ports were assumed to be completely organized. The invading army, so said the scheme of operations, had obtained possession of the railroads south of Nagoya on the Osaka side, while the army of defense held those leading from Tokio south, and from thence approached to repel the invaders.

The 31st of March was taken up with a naval sham battle, which I did not have the opportunity to witness. But I am able to inform you that the fleet of defense contained no less than six powerful iron or steel men-of-war, built and armed in Europe upon the best modern plans, with a number of torpedo boats; while that of attack had nine cruisers or gunboats of similar class and quality, among which I noticed the Naniwa, after the model and lines of which the U. S. cruiser Charleston, recently constructed at San Francisco, is, I believe, copied. The fleet of attack was accompanied by three transports.

The sham fight and other maneuvers at sea which took place on Monday, according to information I received from Captain Ingalls, a British naval officer of high standing who was present and saw them, were highly creditable to both ships and crews and showed that, at least so far as operating the ships and guns was concerned, the Japanese have but little, if anything, to learn from western nations.

The land operations were carried on between two opposing armies embracing on the actual field of battle in the aggregate about 28,000 troops of various arms of the service, including artillery, cavalry, and infantry. The opposing forces moved forward over the country as in actual war, the fight commencing whenever contact was felt at any point. I need hardly call attention to the fact that more troops were actually engaged in these maneuvers than are now contained in the entire United States Army. As for the make-up and equipment, personal bearing, appearance, and movement of the rank and file of the Japanese army at Nagoya, I will only say that, to the best of my judg ment, all were in the highest degree complete, effective, and soldierly, according to the best European standards. Though at present I

believe such foreign military instructors as remain in Japanese service are mostly German, the dress and equipment of the Japanese army are strongly marked by earlier French influence. The troops dress much as French soldiers dress. They are well clothed in serviceable uniforms, with good substantial leather shoes, and on the march bear a neatly constructed knapsack with a second pair strapped in sight. The dress of all branches of the service as to material and make and as to color and style of trimmings follows closely the French military dress and is well calculated to command respect for the wearer and at the same time to inspire the soldier wearing it with a proper and useful pride in his uniform and profession.

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Soldierly bearing is encouraged here, as in France, by the private soldier of all arms of the service being allowed, whether on or off duty, to wear his side arms, the sword bayonet of the infantryman being specially fitted with a scabbard and belt for that purpose. The foot soldiers seen alone walking the streets of Tokio would, for style, step, and dress, pass fairly well in Paris. The weapon of the Japanese foot soldier is a rifle invented in Japan. by Colonel Marata, is very similar to the HenryMartini, and is considered fully equal to the best breech-loading gun in use in Europe and America. In the maneuvers at Nagoya ordinary black powder was generally used, but the Government is understood to have a smokeless powder, the secret of which they are zealously guarding, which they claim to be an assured success. The artillery, of which a relatively sufficient force of field batteries was engaged, was all of the best and latest pattern of brass breech-loading and rapid-firing guns, and, so far as I could see, well served. On one occasion during the sham battle I stood in the Emperor's suite on the brow of a hill which had been defended by a battery of ten (breech-loading) mountain guns, when an order was given to replace them with a like number of field ordnance. The small guns were taken out of position, mounted with the carriages, equipment, and ammunition on the backs of horses, and moved off the field, while a battery of larger field guns, 12-pounders, I think, on wheels galloped up, were placed in position, and fire resumed from them, the change being made with a degree of rapidity and precision of maneuver that I thought admirable. Not knowing at first the meaning of the movement, I did not time the operation, but thought that within 5 minutes from the cessation of fire from the light guns the heavy ones opened it again from the same spot.

The weakest arm of the service, and the only one I felt disposed to compare unfavorably with that of other countries, was the cavalry, and this mainly because of the smallness of the horses, which were of the native Japanese breed. The Japanese horse, though strong and pos sessing many good points, is too small for a good cavalry horse, besides having so hard a mouth that it must be difficult to manage with the bridle. These are faults that can only be mended by improving the breed by judicious crossing, which will take several years to bring about, though progress is already being made in that direction by the service of imported stallions.

During the field operations I was mounted upon a half-bred horse sent down from the imperial stables at Tokio, of good form and as an example most promising of what will be the future horse of Japan.

The difficulty of prosecuting military operations in the seacoast territory of Japan, owing to the fact that rice is so extensively cultivated, with the consequent almost impassable paddy field, an actual swamp, was brought sharply to my attention. As a defense, the rice fields are of great strategic value to the country. The roads through them are

few and very narrow. In fact, were the land absolutely covered with water navigable for any kind of boats it would be more easily crossed than when used for rice culture. It is absolutely impossible for artillery or cavalry to march except by single and always exceedingly narrow roads, and the same is practically true as to infantry. To display a force or to march even on foot in any manner except in column along these narrow roads skirted by rice swamps, when men would sink to their knees at every step, to say nothing of the irrigating canals and ditches that abound everywhere, is substantially out of the question. It follows that the defensive force holding the high ground where the road leaves the rice land has a position of immense advantage.

On the first day the attacking army organized a storming column to rush along one of these dikes against the defense thus posted. But after having advanced at double-quick pace along the road, quite up to the line of defense, they were ordered by the umpire, His Imperial Highness Prince Arisugama, to retire, he having, as it seemed to me, very justly decided that in actual battle they must have been either forced back or annihilated by the musketry fire at the end.

Considered as a whole, the maneuvers and display of force were very creditable and must have been very satisfactory to the Emperor and his cabinet, who were all on the ground.

In a personal interview, held on the field with the various foreign ministers, the Emperor asked the opinion of each of them upon all that had occurred. What the others said I do not know, but, for myself, I sincerely expressed my admiration for his army, its equipment, discipline, and conduct.

That the splendid showing of military and naval strength and discipline manifested on this occasion will tend to render His Imperial Japanese Majesty's Government firmer in their overtures for modifications of existing treaties upon points with which they have long been dissatisfied seems to me not improbable.

I have, etc.,

No. 66.]

Mr. Blaine to Mr. Swift.

JOHN F. SWIFT.

DEPARTMENT OF STATE,
Washington, April 17, 1890.

SIR: I have to acknowledge the receipt of your No. 106 of the 18th ultimo, the section of the sacred rope which accompanied the same, and the other inclosures which you mention. They have been sent to the Smithsonian Institution, with a copy of your dispatch.

You will convey to the Buddhist priests at Kioto, the donors of this greatly prized gift, and to Mr. V. M. Law, the gentleman through whose courtesy the gift was made possible, the sincere thanks of the Government.

I am, etc.,

No. 120.]

Mr. Swift to Mr. Blaine.

JAMES G. BLAINE.

LEGATION OF THE UNITED STATES,

Tokio, May 20, 1890. (Received June 11.)

SIR: I have the honor to acknowledge the receipt of your instruction No. 59, dated the 18th of March, containing your ruling upon the question raised by the correspondence and interview between myself and

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