Page images
PDF
EPUB

shall be allowed to reside at Yedo and Osaca for the purposes of trade only.

No rice or wheat shall be exported from Japan as cargo.

ARTICLE IV. Duties to be paid on imports into Japan. The importation of opium is prohibited.

ARTICLE VI.-Americans to be under the jurisdiction of their consul.

ARTICLE VII.-In the opened harbors of Japan, Americans may go where they please, within certain limits, generally 10 ri, the ri being equal to 4275 yards, American measure.1

1864.

CONVENTION FOR PAYMENT OF $3,000,000 TO THE GOVERNMENTS OF THE UNITED STATES, GREAT BRITAIN, FRANCE, AND THE NETHERLANDS, AS INDEMNITIES AND EXPENSES.

Concluded October 22, 1864. Proclaimed April 9, 1866.

This indemnity was the payment by Japan of the expenses incurred by the four powers mentioned above in quelling the insurrection of a local ruler of Japan, Prince Choshu, and for damages that he had inflicted upon their commerce. The United States received an amount equal to that of the other States, but the actual expense and estimated damages on their part were only $151,348. The several instalments received from Japan amounted to $785,000. By Act of Congress, February 22, 1883, the President was authorized to pay this sum to the government of Japan. At this time the fund with accumulated interest amounted to $1,837,823.78.

1 The treaty contains fourteen articles; then follow regulations under which American trade is to be conducted in Japan.

A convention was concluded for the reduction of duties in Japan.

1866.

CONVENTION ESTABLISHING A TARIFF OF DUTIES BETWEEN THE UNITED STATES, GREAT BRITAIN, FRANCE, THE NETHERLANDS, AND JAPAN.

By this convention the Japanese import and export duties, with reference to the four powers mentioned above, were fixed and regulated. This tariff was subject to revision after 1872.

1878.

CONVENTION REVISING CERTAIN PORTIONS OF EXISTING COMMERCIAL TREATIES.

Concluded July 25, 1878. Proclaimed April 8, 1879.

ARTICLE I.-The United States agree to the annulment of the treaty of 1866 regulating the tariff of Japan.

"It is further understood and agreed that from the time when this present convention shall take effect, the United States will recognize the exclusive power and right of the Japanese government to adjust the customs tariff and taxes and to establish regulations appertaining to foreign commerce in the open ports of Japan."

ARTICLE II.-No export duties are to be levied.

ARTICLE VII.-Japan to open additional ports.

ARTICLE X.-"The present convention shall take effect when Japan shall have concluded such conventions or revisions of existing treaties with all the other powers holding relations with Japan as shall be similar in effect to the present convention, and such new conventions or revisions shall also go into effect." 1

1 Japan has not as yet been able to fulfil this condition.

A Treaty of Extradition was concluded April 20, 1886. (See Extradition Treaties.)

THE OTTOMAN PORTE.

1830.

TREATY OF COMMERCE AND NAVIGATION.

Concluded May 7, 1830. Proclaimed February 4, 1832.

ARTICLE I.-Merchants to have the privileges of those of the most favored nation.

ARTICLE II.-Consuls may be appointed.

ARTICLE III.-American merchants may employ semsars (brokers).

ARTICLE IV.-(Settlement of disputes-Jurisdiction over American citizens.)" If litigations and disputes should arise between subjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgment be pronounced unless the American Dragoman be present. Causes in which the sum may exceed five hundred piasters, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted of any crime or offence, shall not be molested; and even when they may have committed some offence [they shall not be arrested] and put in prison, by the local authorities, but [they shall be tried by their minister, or consul, and punished according to their offence], following, in this respect, the usage observed towards other Franks."

ARTICLE V.-American merchant vessels may go and come with safety in the dominions of the Porte. Ministers and consuls of the United States shall not protect the rayahs of the Sublime Porte.

ARTICLE VII.-American merchant vessels may freely pass the Dardanelles, in like manner as vessels of the most favored nation.

ARTICLE VIII.-Merchant vessels shall not be impressed, for the shipment of troops, etc.

ARTICLE IX.-Shipwrecks.

"Given the 14th day of the moon Zilcaade, and in the year of the Hegira 1245, corresponding with the 7th day of May, of the year of 1830 of the Christian æra.

"MOHAMMED HAMED.” 1

OTHER ASIATIC AND AFRICAN STATES.

CONGO. (1) Declaration as to the intention of the International Association of the Congo, and the recognition of its flag by the United States, April 22, 1884. The flag is blue with a golden star in the center. (2) Amity, Commerce, and Navigation, January 24, 1891.

COREA.-Treaty of Peace, Amity, Commerce, and Navigation, May 22, 1882.

LEW CHEW.-Compact of Friendship and Commerce, July 11, 1854.

1 In 1868 the Turkish authorities claimed jurisdiction over two Americans charged with offences against the Ottoman government. This laim was resisted by the American Minister, E. Joy Morris, on the ground of the stipulations of article IV. of the treaty of 1830. The Minister for Foreign Affairs replied that the words in brackets of that article were not in the original Turkish text of the treaty; and the Ottoman government has since adhered to that view. On the other hand, the government of the United States has procured a number of translations of that text, in no one of which some form does not appear of distinct admission of the intervention of the minister or consuls to inflict, administer or apply punishment in the case of American citizens. (See Davis' Notes.)

A treaty of Commerce and Navigation was concluded with the Ottoman Porte, February 25, 1862, to continue for twenty-eight years, either party having the right, however, to give notice of revision or discontinuance at the end of fourteen years and again at the end of twenty-one years. By the 22d article, a tariff was stipulated for the Ottoman Empire, subject to revision at the end of every period of seven years.

In 1874, the Ottoman government gave notice to terminate the treaty, and again in 1883; but the United States insisted that these notices were irregular, not being given at the times provided for by the treaty. Turkey has, however, considered the treaty abrogated.

Other treaties with the Porte are a treaty of extradition, 1874; and a protocol respecting the right of foreigners to hold real estate in the Ottoman Empire, 1874.

LIBERIA. Treaty of Commerce and Navigation, October 21, 1862.

MADAGASCAR.-(1) Treaty of Commerce and Navigation, February 14, 1867; stipulating for right of domicil, of persons and property; establishing tariff duties in Madagascar; jurisdiction of consuls. (2) Treaty of Peace, Friendship, and Commerce, May 13, 1881; the United States acquire right of coaling station, and rights of trade, and to lease land.

MUSCAT. Treaty of Amity and Commerce, September 21, 1833. American vessels may enter all the ports of the Sultan ; most favored nation privileges.

ORANGE FREE STATE.-Treaty of Friendship, Commerce, and Extradition, December 22, 1871. Most favored nation privileges for consuls.

PERSIA. Treaty of Friendship, and Commerce, December 13, 1856.

SAMOA.-Treaty of Friendship and Commerce, January 17, 1878. The United States acquire right of coaling and naval station in the port of Pagopago. (Article II.); Consular jurisdiction, etc.

By the Conference of Berlin, 1889, between the United States, Germany and England it was agreed that the Samoan Islands should be neutral territory, in which the citizens and subjects of the three signatory powers have equal rights of residence and trade. A Supreme Court of Justice was established, consisting of one judge, styled Chief Justice of Samoa, and named by the three powers, or failing that, by the King of Sweden and Norway.

SIAM. (1) Treaty of Amity and Commerce, March 20, 1833. (2) Treaty of Amity and Commerce, May 29, 1856. Americans acquire right to trade in all seaports of Siam, but may reside only at Bangkok, where a consul may also reside. Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. Tariff of duties arranged. This treaty was modified in the 1st article, in 1867. (3) Agreement regulating the liquor traffic in Siam.

TONGA. Treaty of Amity, Commerce, and Navigation, October 2, 1886. In the 2d article appears the following clause, after stipulating for the most favored nation privileges: "it being understood that the Parties hereto affirm the principle

« PreviousContinue »