Mr. Seward to Mr. Van Valkenburgh.
Sir: I have to acknowledge the receipt of your dispatch of the 29th of May, No. 54, by which I learn that some Japanese subjects were recently shipped with duress, or compulsion, as laborers, under form of a contract to work on plantations in the Hawaiian Islands, by a person claiming to be a citizen of the United States.
I learn, further, that you have censured this proceeding, and have given notice of your disapprobation thereof to the Japanese government. You further inform me that you promulgated an order or regulation on the 26th of May last, whereby you declared that the act of Congress to prohibit the coolie trade, approved February 19, 1862, and which was framed in regard to China, was thereby made applicable to Japan.
The spirit in which these proceedings were taken, is approved by the President. This department, however, upon examining the subject, has come to the conclusion that the order or regulation which you have thus promulgated is without sufficient foundation in law, and is, therefore, invalid and ineffectual. You will, therefore, be under the necessity of rescinding that regulation. On the other hand, to provide a remedy against the newly discovered evil, application will be made to Congress to amend the act of February 19, 1862, so as to extend and apply its provisions. The result of this application will be communicated to you.
[Page 779]A copy of the existing resolution of Congress on the subject of the coolie trade is herewith inclosed, together with a copy of the circular of this department of the 17th of January, 1867.
I am, sir, your obedient servant,
R. B. Van VALKENBURGH, Esq., &c., &c., &c.