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JAPAN.

1854.

TREATY OF PEACE, AMITY, AND COMMERCE.

Concluded March 31, 1854; ratification advised by the Senate July 15, 1854; ratified by the President August 7, 1854; ratifications exchanged February 21, 1855; proclaimed June 22, 1855. (Treaties and Conventions, 1889, p. 597.)

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This treaty of twelve articles was superseded from July 17, 1899, by treaty of November 22, 1894, Article XVIII, page 479.

1857.a

COMMERCIAL AND CONSULAR TREATY.

Concluded June 17, 1857; ratification advised by the Senate June 15, 1858; ratified by the President June 30, 1858; proclaimed June 30, 1858. (Treaties and Conventions, 1889, p. 599.)

This treaty of nine articles was superseded by the treaty of 1858.

1858.

TREATY OF COMMERCE AND NAVIGATION.

Concluded July 29, 1858; ratification advised by the Senate December 15, 1858; ratified by the President April 12, 1860; ratifications exchanged May 22, 1860; proclaimed May 23, 1860. (Treaties and Conventions, 1889, p. 601.)

This treaty containing fourteen articles was superseded on July 17, 1899, by treaty of November 22, 1894, Article XVIII, page 474.

a Federal case: Ross v. McIntyre, 140 U. S., 453.

JAPAN―JAN. 28, 1864; OCT. 22, 1864; JUNE 25, 1866; JULY 25, 1878. 469

1864.

CONVENTION FOR THE REDUCTION OF IMPORT DUTIES.

Concluded January 28, 1864; ratification advised by the Senate February 21, 1866; ratified by the President April 9, 1866; proclaimed April 9, 1866. (Treaties and Conventions, 1889, p. 610.)

This convention of four articles was superseded by the Convention of 1866, below.

1864.

CONVENTION FOR THE PAYMENT OF THE SIMONOSEKI INDEMNITIES.

Concluded October 22, 1864; ratification advised by the Senate February 21, 1866; ratified by the President April 9, 1866; proclaimed April 9, 1866. (Treaties and Conventions, 1889, p. 611.)

This convention, between Japan and the United States, Great Britain, France, and the Netherlands, provided for the payment of $3,000,000 to the four powers.

1866.

CONVENTION ESTABLISHING TARIFF OF DUTIES BETWEEN JAPAN AND THE UNITED STATES, GREAT BRITAIN, FRANCE, AND THE NETHER

LANDS.

Concluded June 25, 1866; ratification advised by the Senate June 17, 1868. (Treaties and Conventions, 1889, p. 612.)

This treaty containing twelve articles was not proclaimed and was superseded July 17, 1899, by the treaty of November 22, 1894.

1878.

COMMERCIAL CONVENTION.

Concluded July 25, 1878; ratification advised by the Senate December 18, 1878; ratified by the President January 20, 1879; ratifications

exchanged April 8, 1879; proclaimed April 8, 1879. (Treaties and

This treaty containing ten articles was superseded July 17, 1899, by the treaty of November 22, 1894.

1880.

CONVENTION FOR REIMBURSING SHIPWRECK EXPENSES."

Concluded May 17, 1880; ratification advised by the Senate March 23, 1881; ratified by the President April 7, 1881; ratifications exchanged June 16, 1881; proclaimed October 3, 1881. (Treaties and Conventions, 1889, p. 624.)

The United States of America and the Empire of Japan being desirous of concluding an agreement providing for the reimbursement of certain specified expenses which may be incurred by either country in consequence of the shipwreck on its coasts of the vessels of the other, have resolved to conclude a special convention for this purpose, and have named as their Plenipotentiaries:

The President of the United States of America, John A. Bingham, their Envoy Extraordinary and Minister Plenipotentiary to His Imperial Majesty, and His Majesty the Emperor of Japan, Inouye Kaoru Sho-shii, Minister for Foreign Affairs and decorated with the 1st Class of the order of the Rising Sun, who after reciprocal communication of their full powers found in good and due form, have agreed as follows: All expenses incurred by the Government of the United States for the rescue, clothing, maintenance and travelling of needy shipwrecked Japanese subjects, for the recovery of the bodies of the drowned, for the medical treatment of the sick and injured, unable to pay for such treatment, and for the burial of the dead, shall be repaid to the Government of the United States by that of Japan. And a similar course of procedure to the above shall be observed by the Government of the United States in the case of assistance being given by that of Japan to shipwrecked citizens of the United States.

But neither the Government of the United States, nor that of Japan shall be responsible for the repayment of the expenses incurred in the recovery or preservation of a wrecked vessel or the property on board. All such expenses shall be a charge upon the property saved, and shall be repaid by the parties interested therein upon receiving delivery of the same.

No charge shall be made by the Government of the United States nor by that of Japan for the expenses of the Government officers, police or local functionaries who shall proceed to the wreck, for the travelling expenses of officers escorting the shipwrecked men, nor for the expenses of official correspondence. Such expenses shall be borne by the Government of the country, to which such officers police and local functionaries belong.

This convention shall be ratified by the respective Governments in due form of law, and the ratifications shall be exchanged at Washington as soon as may be. It shall take effect in the respective countries thirty days after the Exchange of said ratifications.

In witness whereof the respective Plenipotentiaries have hereunto affixed their signatures and seals.

Done, in duplicate in the English and Japanese languages at the City of Tokio, Japan, this 17th day of May in the year 1880. (17th day of the 5th month of the 13th year Meiji).

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1886.

EXTRADITION TREATY.

Concluded April 29, 1886; ratification advised by the Senate with amendments June 21, 1886; ratified by the President July 13, 1886; ratifications exchanged September 27, 1886; proclaimed November 3, 1886. (Treaties and Conventions, 1889, p. 625.)

I. Delivery of accused. II. Extraditable crimes. III. Persons under arrest. IV. Political offenses.

V. Procedure.

ARTICLES.

VI. Temporary detention.
VII. Delivery of citizens.
VIII. Expenses.

IX. Duration; ratification.

The President of the United States of America and his Majesty the Emperor of Japan having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter named and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, they have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say:

The President of the United States of America, Richard B. Hubbard, their Envoy Extraordinary and Minister Plenipotentiary near His Imperial Majesty, and His Majesty the Emperor of Japan Count Inouye Kaoru, Jinsammi, His Imperial Majesty's Minister of State for Foreign Affairs, First Class of the Order of the Rising Sun, &c. &c. &c. who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles:

ARTICLE I.

The High Contracting Parties engage to deliver up to each other, under the circumstances and conditions stated in the present Treaty, all persons, who being accused or convicted of one of the crimes or offences named below in Article II, and committed within the jurisdiction of the one Party, shall be found within the jurisdiction of the other Party.

ARTICLE II.

1. Murder, and assault with intent to commit murder.

2. Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit of either of the parties, and the utterance or circulation of the same.

3. Forgery or altering, and uttering what is forged or altered.

4. Embezzlement or criminal malversation of the public funds, committed within the jurisdiction of either party, by public officers or depositaries.

5. Robbery.

6. Burglary, defined to be the breaking and entering by night-time into the house of another person with the intent to commit a felony therein; and the act of breaking and entering the house of another,

whether in the day or night-time, with the intent to commit a felony therein.

7. The act of entering, or of breaking and entering, the offices of the Government and public authorities, or the offices of banks, banking-houses, savings-banks, trust companies, insurance or other companies, with the intent to commit a felony therein.

8. Perjury, or the subornation of perjury.

9. Rape.

10. Arson.

11. Piracy by the law of nations.

12. Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship bearing the flag of the demanding country.

13. Malicious destruction of, or attempt to destroy, railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.

ARTICLE III.

If the person demanded be held for trial in the country on which the demand is made, it shall be optional with the latter to grant extradition or to proceed with the trial: Provided that, unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition.

ARTICLE IV.

If it be made to appear that extradition is sought with a view to try or punish the person demanded for an offence of a political character, surrender shall not take place; nor shall any person surrendered be tried or punished for any political offence committed previously to his extradition, or for any offense other than that in respect of which the extradition is granted.

ARTICLE V.

The requisition for extradition shall be made through the diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, by superior consular officers.

If the person whose extradition is requested shall have been convicted of a crime, a copy of the sentence of the court in which he was convicted, authenticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the Minister or Consul of the United States or of Japan, as the case may be, shall accompany the requisition. When the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country making the demand and of the depositions on which such warrant may have been issued, must accompany the requisition.

The fugitive shall be surrendered only on such evidence of criminality as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime had been there committed.

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