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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.)
I. Peace and amity.
X. Open ports.
(As this treaty has been superseded in part by the Treaty of 1858, only such portions are reprinted as were not definitely referred to in the latter treaty.)
Whenever Ships of the United States are thrown or wrecked on the Coast of Japan, the Japanese vessels will assist them, and carry their crews to Simoda, or Hakodade, and hand them over to their Countrymen, appointed to receive them; whatever articles the shipwrecked men may have preserved shall likewise be restored, and the expenses incurred in the rescue and support of Americans and Japanese who may tlíus be thrown upon the shores of either nation are not to be refunded.
ARTICLE IV. Those Shipwrecked persons and other Citizens of the United States shall be free as in other Countries, and not subjected to confinement, but shall be amenable to just laws.
Shipwrecked men and other Citizens of the United States, temporarily living at Simoda and Ilakodade, shall not be subject to such restrictions and confinement as the Dutch and Chinese are at Nagasaki, but shall be free at Simoda to go where they please within the limits of Seven Japanese miles (or Ri) from a small Island in the harbor of Simoda, marked on the accompanying chart, hereto appended :-and shall in like manner be free to go where they please at Hakodade, within limits to be defined after the visit of the United States squadron to that place,
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 This treaty of nine articles was superseded by the Treaty of 1858.
Federal case: Ross v. McIntyre, 140 U. S., 453.
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.
aimed May 23, 1860. (Treaties and Conventions, 1889, p. 601.)
This treaty will be superseded July 17, 1899, when the Treaty of November 22, 1894 (p. 352), goes into effect.
ARTICLES. I. Amity; diplomatic and consular VIII. Religious freedom. officers.
IX. Deserters and fugitives from jusII. Mediation and assistance by the
tice. United States.
X. Purchases of ships, etc., by JaIII. Ports oper.ed; trade regulations.
pan. IV. Duties; naval supplies; opium. XI. Trade regulations. V. Coins authorized.
XII. Revocation of former treaties, VI. Consular courts, etc.
XIII. Duration. VII. Limits of open ports.
XIV. Effect; ratification. The President of the United States of America, and His Majesty the Ty-coon of Japan, desiring to establish on firm and lasting foundations, the relations of peace and friendship now happily existing between the two Countries, and to secure the best interest of Their respective Citizens and Subjects by encouraging, facilitating, and regulating their industry and trade, have resolved to conclude a Treaty of amity and commerce, for this purpose, and have therefore named, as their Plenipotentiaries, that is to say:
The President of the United States, His Excellency Townsend Harris, Consul General of the United States of America, for the Empire of Japan, and His Majesty the Ty-coon of Japan, Their Excellencies Ino-ooye Prince of Sinano and Iwasay Prince of Hego, who, after having communicated to each other their respective Full Powers, and found them to be in good and due form, have agreed upon and concluded the following Articles:
ARTICLE FIRST There shall henceforward be, perpetual peace and friendship between the United States of America, and His Majesty the Ty-coon of Japan, and His Successors.
Federal case: Ross v. McIntyre, 140 V. S., 453.
The President of the United States may appoint a Diplomatic Agent to reside at the City of Yedo, and Consuls or Consular Agents to reside at any or all of the Ports in Japan which are opened for American Commerce by this Treaty. The Diplomatic Agent and Consul General of the United States shall have the right to travel freely, in any part of the Empire of Japan from the time they enter on the discharge of their official duties.
The Government of Japan may appoint a Diplomatic Agent to reside at Washington, and Consuls or Consular Agents, for any or all of the ports of the United States. The Diplomatic Agent and Consul General of Japan, may travel freely in any part of the United States from the time they arrive in the country.
ARTICLE SECOND. The President of the United States, at the request of the Japanese Government, will act as a friendly Mediator, in such matters of difference, as may arise between the Government of Japan and any European Power.
The ships of war of the United States shall render friendly aid and assistance, to such Japanese vessels, as they may meet on the high seas, so far as can be done without a breach of neutrality, and all American Consuls, residing at Ports, visited by Japanese vessels shall also give them, such friendly aid as may be permitted by the Laws of the respective Countries, in which they reside.
In addition to the Ports of Simoda and Ilakodade, the following Ports and Towns shall be opened on the dates respectively appended to them, that is to say:
Kanagawa, on the (4th of July 1859) fourth day of July, one thousand, eight hundred and fifty nine.
Nagasaki, on the (4th of July 1859) fourth day of July, one thousand eight hundred and fifty nine.
Nee-e-gata, on the (1*t of January 1860) first day of January, one thousand eight hundred and sixty.
Iliogo, on the (1* of January 1863) first day of January, one thousand, eight hundred and sixty three.
If Nee-e-gata is found to be unsuitable as a Harbour, another Port, on the West coast of Nipon, shall be selected by the two Governments, in lieu thereof.
Six months after the opening of Kanagawa, the port of Simoda shall be closed as a place of residence and trade, for American Citizens.
In all the foregoing Ports and Towns, American Citizens may permanently reside, they shall have the right to lease ground, and purchase the buildings thereon, and may erect dwellings and warehouses. But no fortification or place of military strength, shall be erected under pretence of building dwelling or warehouses, and to see that this Article is observed, the Japanese Authorities shall have the right to inspect from time to time any buildings, which are being erected, altered or repaired.
The place which the Americans shall occupy for their buildings, and the Harbour Regulations, shall be arranged by the American Consul, and the Authorities of each place, and if they cannot agree, the matter shall be referred to, and settled by the American Diplomatic Agent and the Japanese Government.
No wall, fence, or gate shall be erected by the Japanese, around the place of residence of the Americans, or anything done, which may prevent a free egress and ingress to the same.
From the (1st of January 1862) first day of January, one thousand, eight hundred and Sixty two, Americans shall be allowed to reside, in the City of Yedo, and from the (1st of January 1863) first day of January one thousand, eight hundred and sixty three, in the City of Osaca, for the purposes of trade only. In each of these two Cities a suitable place, within which they may hire houses, and the distance they may go, shall be arranged by the American Diplomatic Agent, and the Goverment of Japan.
Americans may freely buy from Japanese and sell to them, any articles, that either may have for sale, without the intervention of any Japanese officers, in such purchase or sale or in making or receiving payment for the same, and all classes of Japanese, may purchase, sell, keep or use, any articles sold to them, by the Americans.
The Japanese Government will cause this clause to be made public, in every part of the Empire, as soon as the Ratifications of this Treaty shall be exchanged.
Munitions of war shall only be sold to the Japanese Government and Foreigners.
No rice or wheat shall be exported from Japan, as cargo, but all Americans resident in Japan, and ships for their crews and passengers, shall be furnished with sufficient supplies of the same. The Japanese Government will sell from time to time, at public auction, any surplus quantity of copper, that may be produced.
Americans residing in Japan, shall have the right to employ Japanese as servants, or in any other capacity.
ARTICLE FOURTH, Duties shall be paid, to the Government of Japan, on all goods landed in the Country, and on all Articles of Japanese production, that are exported as cargo, according to the Tariff hereunto appended.
If the Japanese Custom IIouse Officers are dissatisfied, with the value, placed on any goods by the owner, they may place a value thereon, and offer to take the goods, at that valuation. If the owner refuses to accept the offer, he shall pay duty on such valuation. If the offer be accepted, by the owner, the purchase money shall be paid to him, without delay, and without any abatement or discount.
Supplies for the use of the United States Navy may be landed at Kanagawa, Hakodade and Nagasaki, and stored in warehouses in the custody of an Officer of the American Government, without the payment of any duty. But if any such supplies are sold in Japan, the Purchaser shall pay the proper duty, to the Japanese Authorities.
The importation of opium is prohibited, and any American vessel coming to Japan, for the purposes of trade, having more than (3) three catties, (four pounds avoirdupois) weight of opium on board, such surplus quantity shall be seized, and destroyed by the Japanese Authorities.
All goods imported into Japan, and which have paid the duty fixed by this Treaty, may be transported, by the Japanese, into any part of the Empire, without the payment of any tax, excise or transit duty whatever.
No higher duties shall be paid, by Americans, on goods imported into Japan, than are fixed by this Treaty, nor shall any higher duties be paid, by Americans, than are levied on the same description of goods, if imported in Japanese vessels, or the vessels of any other Nation.
ARTICLE FIFTH 1
All foreign coin shall be current in Japan, and pass for its corresponding weight of Japanese coin, of the same description.
Americans and Japanese may freely use foreign or Japanese coin, in making payments to each other.
As some time will elapse, before the Japanese will be acquainted with the value of foreign coin, the Japanese Government will for the period of one year, after the opening of each Harbour, furnish the Americans with Japanese coin, in exchange for theirs, equal weights being given, and no discount taken for recoinage.
Coins of all description (with the exception of Japanese copper coin) may be exported from Japan, and foreign gold and silver uncoined.
Americans committing offences against Japanese, shall be tried in American Consular Courts, and when guilty, shall be punished according to American law.
Japanese committing offences against Americans, shall be tried by the Japanese Authorities, and punished according to Japanese law.
The consular courts shall be open to Japanese Creditors, to enable them, to recover their just claims, against American Citizens, and the Japanese Courts shall in like manner be open to American citizens, for the recovery of their just claims, against Japanese.
All claims for forfeitures or penalties, for violations of this Treaty, or of the Articles regulating trade which are appended hereunto, shall be sued for in the Consular Courts, and all recoveries shall be delivered to the Japanese authorities.
Neither the American or Japanese Governments are to be held responsible for the payment of any lebts, contracted by their respective Citizens or Subjects.
In the opened Harbours of Japan, Americans shall be free to go, where they please, within the following limits.
At Kanagawa, the River Logo (which empties into the Bay of Yedo, between Kawasaki and Sinagawa) and (10) Ten Ri, in any other direction.
At Ilakodade, (10) Ten Ri, in any direction.
At Hiogo, (10) Ten Ri, in any direction, that of Kioto excepted, which City shall not be approached nearer than (10) Ten Ri. The crews of vessels resorting to Iliogo shall not cross the River Enagawa, which empties into the Bay between Hiogo and Osaca.
The distances shall be measured inland, from the Goyoso, or Town Hall, of each of the foregoing Harbours, the Ri being equal to (4,275) four thousand, two hundred and seventy five yards, American measure.
At Nagasaki, Americans may go, into any part of the imperial domain in its vicinity.
1 This article
amended by Article VI of the Convention of 1866, p. 338.