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No.30.)

TOKYO, December 23, 1893. SIR: I have to acknowledge the receipt of your dispatch, No. 464, of date the 16th instant, together with its inclosures, relative to the case of G. W. Lake, and the action taken by you in connection therewith and correspondence with the Japanese authorities in regard thereto.

In reply to your request for advice, as stated in the last paragraph of your dispatch, I refer you, in reply to your first inquiry, to my telegrams and to my dispatch of the 18th instant. As to the second,

Whether he shall be forcibly redeported by me on the 31st December," etc., I can only refer you to Mr. Payson's instruction, No. 158, to Mr. Van Buren, dated November 23, 1878 (Foreign Relations, 1879, p. 697), in which you will find the following:

The Department has consequently disapproved sentences of deportation whenever they have been pronounced by consuls of this Government as being a mode of punishment not recognized in this country.

In reply to your last inquiry, I have to say that at this time I am not prepared to say what steps should be taken to prevent his landing at Kobe or Yokohama. I shall refer the entire matter to the Department by this mail for instructions in the premises.

I would suggest that upon a complaint being made by the Japanese authorities you should summons Lake to appear before you in your judicial capacity, and, should the finding of the court be that he has forfeited his right of residence in Japan and is now here in violation of law, that the court should fix a time when he shall leave the country.

The part of section 4101, Revised Statutes, to which I desired to call your attention in my telegram of the 21st instant, reads as follows:

It shall, however, be the duty of such officer to award punishment according to the aggravation and magnitude of the offense. Every person who refuses or neglects to comply with the sentence passed upon him shall stand committed until he does comply or is discharged by order of the consul, with the consent of the minister in the country. I am, etc.,

EDWIN DUN.

Mr. Uhl to Mr. Dun.

No. 47.)

DEPARTMENT OF STATE,

Washington, February 19, 1894. SIR: Acknowledging the receipt of your No. 48, of 230 December last, relative to the jurisdiction of the United States consul at Nagasaki over civil suits there instituted against the American citizen George W.

FR94-25

Lake, I inclose a copy of an instruction to that consul which appears to contain an answer to your inquiries. I am, etc.,

EDWIN F. UHL,

Acting Secretary.

[Inclosure in No. 47.)

No. 25.)

Mr. Strobel to Mr. Abercrombie.

DEPARTMENT OF STATE,

Washington, February 16, 1894. Sir: Your dispatch No. 81,* of January 17 last, with its inclosures has been received and considered.

It raises the question of the status of one George W. Lake, an American citizen, who, having been twice convicted of misdemeanors by the American consular court in Japan, and consequently expelled from the country, pursuant to the provisions of Article vii of the treaty of 1858, has recently returned to Japanese territory.

The Department some time since received from Mr. Dun a dispatch and inclosures in reference to this man Lake. The specific inquiry therein raised being whether you, as American consul at Nagasaki, had jurisdiction over civil suits there instituted against Lake. You now state that the civil suits brought against him before you, which gave rise to the question submitted by Mr. Dun, have proceeded to judgment by default. You further state that on December 31, the time allowed Lake by the consular court for the settlement of his affairs, having expired, he was arrested, and upon his refusal to comply with sentence was taken to jail, where he will be kept until he either consents to leave Japan or you are otherwise advised by the Department. Finally, you request full instructions not only as to the further steps to be taken in Lake's case, but as to the principles which should govern your action in similar cases, ab initio.

In reply, I have to say in the first place that you undoubtedly had jurisdiction over the civil suits brought against Lake, and the Japanese courts had no jurisdiction over them. Lake did not, either by being twice convicted of misdemeanors or by his expulsion from Japan, cease to be an American citizen, and upon his return to Japanese territory the jurisdiction of our consul over civil suits against him arose just as it would arise in respect to any other American citizen coming into Japan. Japan, it is true, might exercise her right under the treaty to expel Lake from the country, but so long as the Japanese authorities take no steps for his expulsion the treaty provisions as to consular jurisdiction apply no less to him than to other American citizens. The right of expulsion, however, belongs to and must be exercised by the Japanese Government. The expulsion can neither be decreed nor executed by our consul. The party's refusal to leave the country is not a criminal offense of which our consular courts can take cogni. zance.

The party having been convicted of a felony or twice convicted of misdemeanors in the consular court, the right of the Japanese Government to expel him from the country arises without further action on the part of the consul. That officer's duty in respect to the expulsion is merely to abstain from interference where the Japanese Government has the right to expel, unless this right should be exercised in an unnecessarily harsh and oppressive manner.

* Not printed.

The same is true in respect to the means to be adopted to prevent the person expelled from returning to the country. The consul has no authority to prohibit or prevent his return. That is exclusively a matter for the Japanese authorities.

I infer from your dispatch that Lake has been arrested and is now confined under your order for refusing to leave the country. As the preceding observations indicate, it was in the opinion of the Department no part of your duty to take this action. Lake's expulsion must be effected by the Japanese authorities and they can not call upon you to assist in accomplishing it. You should therefore release him, and abstain from all participation or interference in the proceedings which those authorities may take for his expulsion, except to see that he is not subjected by them to harsh treatinent further than may be necessary to coinpel him to depart. I am, etc.,

EDWARD H. STROBEL,

Third Assistant Secretary.

Mr. Gresham to Mr. Dun.

No. 70.)

DEPARTMENT OF STATE,

Washington, June 25, 1894. SIR: I inclose herewith for your information, in connection with your No. 48, of December 23, 1893, and the Departinent's No. 47, of February 19 last, copy of a dispatch, No. 88, of the 5th ultimo, from the consul of the United States at Nagasaki, and of the Department's reply, No. 28, of the 22d instant, in relation to the case of George W. Lake. I am, etc.,

W. Q. GRESHAM.

(Inclosure 1 in No.70.)

Mr. Abercrombie to Mr. Uhl.

No. 88.]

CONSULATE OF THE UNITED STATES,

Nagasaki, Japan, May 5, 1894. (Received June 1.) SIR: I have the honor to make the following further report in relation to the case of George W. Lake:

Previous to the receipt of instruction No. 25, of February 16, Lake consented to leave Japan and sailed for Shanghai on March 25. Upon learning in Shanghai of decision of the Department in regard to his redeportation, he made application to the governor, through me, for permission to return to Japan. A copy of the governor's reply denying his request is herewith inclosed (marked No. 1). Notwithstanding this, Lake returned to Nagasaki on April 9. In an interview with the governor of Nagasaki Ken, he informed me that Lake would be again deported on receipt of instructions from his Government at Tokyo in regard to the payment of Lake's passage money, as he refused to pay it himself.

I immediately sent for Mr. Lake and informed him that he would be forcibly deported by the Japanese authorities, and advised him to leave voluntarily without causing any further trouble. This he consented to do, and left Nagasaki on the Empress of China on April 16, ostensibly for America. His conduct after arriving at Yokohama and the action of the Japanese authorities are described in the Japan Daily Advertiser of April 21, 1894 (marked inclosure No. 2).

On May 1 the governor of Nagasaki Ken informed me that a telegram had been received by the chief of police notifying him of Lake's departure from Yokohama to Shanghai. As the steamer would stop at Nagasaki, and there being little doubt that Lake would again attempt to land here, a sufficient force of police would be detailed to watch the steamer to prevent his landing. In this way Lake may continue to annoy and harass the Japanese authorities indefinitely.

The character of Mr. Lake has been, I think, well shown in the history of his case already furnished to the Department of State. In a hypothetical case of Lake committing some crime while being deported by the Japanese, he being an American citizen under my jurisdiction, would be brought to this consular court for trial, and, if convicted, would the Japanese have a right to demand his delivery to them for deportation?

I have the honor to request the fullest instructions covering, if possible, the complications which may arise in this anomalous case. I have, etc.,

W. H. ABERCROMBIE.

[Subinclosure 1 in No. 70.) Governor Ohomori to Mr. Abercrombie.

NAGASAKI KENCHO, April 13, 1894. Sir: I have the horior to acknowledge the receipt of your letter dated the 9th , instant, inclosing a petition of Mr. George W. Lake, an American citizen, you received from Mr. F. P. Catterall, solicitor, in Shanghai.

I beg to request in reply that you will be so kind as to advise the petitioner that as tho said Mr. George W. Lake was deported from Japan before under article 7 of the treaty between Japan and the United States, as finformed you in my dispatch dated the 14th February, 1893, and in accordance with the instructions I received from my Government, I am prevented from allowing him to reside in Japan. I have, etc.,

CH. OHOMORI, Governor of Nagasaki Ken.

(Subinclosure 2 in No. 70.-Extracts from Yokohama papers.)

THE CASE OF MR. G. W. LAKE.

A considerable amount of excitement was caused on board the C. P. steamer Empre88 of China yesterday in connection with Mr. G. W. Lake, a passenger on board, who was recently redeported from Nagasaki. Without going into the particulars of the original case, it appears that Mr. Lake was deported from Japan in January, 1871, upon what he considered illegal grounds. He returned to Nagasaki in December last, and soon afterwards action was entered for his redeportation, which resulted in his imprisonment for two months or so and his departure from Nagasaki to Shanghai, whence he came by the C. P. steamer Empress of China to Yokohama. Upon the arrival of the Empress boat in this port on the 19th the Japanese police took every step possible to prevent the landing of Mr. Lake. Steam launches and boats with otticers of all ranks, from inspectors downward, surrounded the steamer, while other police officers in plain clothes boarded the vessel to keep a watch on the deportee. Capt. Archibald, of the Empress of China, was in a bit of a quandary as to what to do with his passenger, who was only booked to Yokohama, and applied to the British consul for assistance, with the result that instructions were given to the consular constable to go off to the steamer before her departure and see that Mr. Lake, as a passenger on a British steamer to Yokohama, was allowed to leave the vessel.

We understand that if opposition to this course was displayed by the Japanese police or others, the constable was empowered to call upon the captain of the Empress for any assistance required. The Empress of China was over an hour late in getting away, and when the C. P. Company's steam launch ran alongside of the steamer just outside the breakwaters about 1 p. m. yesterday to take off the visitors from ashore, two or three launches and boats with police ofticers and constables on board surrounded the gangway of the vessel. Just before the Empress boat left the harbor the Japanese authorities, through an officer on board, offered to pay the passage of Mr. Lake to Vancouver, but the otter was refused by Mr. Lake as he was not prepared for a trip to the other side. The first to leave the steamer after she was outside the harbor, to board the C. P. Company's tender Spindrift, were Mr. Lake and the British consular constable, Mr. Kircher, and no opposition was offered by the Japanese police, some of whom were on board the steamer in private clothes, while a strong detachment were in steam launches alongside. The latter followed the Spindrift to the English Hatoba, where Mr. Lake, at the invitation of Mr. Morse, of the C. P. Company, elected to stay on board the tender for the time. The landing place at the Hatoba was lined with police, in addition to the party which landed from the launches and boats, including Inspector Kawada and other officers in plain clothes.

After landing the other passengers the Spindrift left the lauding stage for her anchorage off the Hatoba, with Mr. Lake on board. Later in the afternoon, it appears, fresh instructions were issued to the police from the Kencho to the effect that Mr. Lake was to be permitted to land, but was to be arrested and detained at the police station, and at the same time a note from Mr. Mitsuhashi, secretary of the Kencho, was received by Messrs. Frazar & Co. to the effect that if they harbored Mr. Laké on board their launch they did so at their risk. About 6 o'clock Mr. Pope, who is in charge of the C. P. Company's launch Spindrift, went on board and acquainted Mr. Lake with the position of affairs, and after packing up his baggage that gentleman landed in a sampan at the Hatoba, where he was received by Mr. Inspector Kawada and some other police officers and conducted to the settlement station, arrangements being made for his detention there pending further instructions.-(Japan Daily Advertiser, 21st April.)

MR. LAKE STILL TROUBLESOME-HE DECLINES TO BE DEPORTED.

When we made inquiries before going to press last night, Mr. G. W. Lake was making himself as comfortable as possible on the C. P. R. steam launch Spindrift. Shortly afterwards, as the result of communications between the Kencho and the C. P. R. agents, he went ashore in a sampan and immediately ou landing was taken charge of by the police. He spent the night in the settlement police station. This morning his passage was booked to San Francisco in the City of Rio de Janeiro. Lake asserts that the passage was booked by the police with his own money. Wherever the money came from, his passage was booked, and he was taken on board by the police; but the difficulties did not end here.

When the arrest was removed Lake refused to go to San Francisco, and the police had no option but to again take him in charge. This they did, and on landing he was again escorted to the settlement police station. There, for the present, he remains, and so far as we can see he is likely to remain unless he consents to leave the country or the police confess themselves beaten. That he is under arrest is beyond question. The police decline to allow him to be interviewed, and Inspector Kawada informed representatives of the press this afternoon that he could give no information as to the intention of the authorities. The reporters next visited the police department in Honcho-dori, but were there informed that the chief of police was engaged at the English hatoba. They accordingly repaired to the hatoba, but the chief of police could not be found.—(Japan Gazette, 21st April.)

(Inclognre 2 in No. 70.)
Mr. Uhl to Mr. Abercrombie.

No. 28.)

DEPARTMENT OF STATE,

Washington, June 22, 1894. SIR: I have received your dispatch No. 88, of the 5th ultimo, in further relation to the case of George W. Lake, from which it appears that, having quitted Nagasaki under the Japanese order of deportation on April 16, he had subsequently taken passage from Yokohama for Shanghai, and it was thought he might attempt to land at Nagasaki when the steamer touched at that place on the way. In view of this

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