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ARTICLE III.

When official notification of His Majesty's ratification shall have been given to the Government of the United States, the President of the United States shall publish his proclamation, giving full effect to the provisions contained in Article I of this Agreement. From and after the date of such proclamation this Agreement shall be in full force and effect, and shall continue in force until the expiration of one year from the time when either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same.

In witness whereof we, the respective Plenipotentiaries, have signed this Agreement, in duplicate, in the English and Italian texts, and have affixed hereunto our respective seals.

Done at Washigton, this second day of March, A. D. one thousand nine hundred and nine.

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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.

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The United States of America and the Empire of Japan, desiring to establish firm, lasting, and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace and amity, the rules which shall in future be mutually observed in the intercourse of their respective countries; for which most desirable object the President of the United States has conferred full powers on his Commissioner, Matthew Calbraith Perry, Special Ambassador of the United States to Japan, and the August Sovereign of Japan has given similar full powers to his Commissioners, Hayashi, Daigaku-no-kami; Ido, Prince of Tsus-Sima; Izawa, Prince of Mima-saki; and Udono, Member of the Board of Revenue. And the said Commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles:

ARTICLE I.

There shall be a perfect, permanent, and universal peace, and a sincere and cordial amity between the United States of America on the one part, and the Empire of Japan on the other part, and between their people respectively, without exception of persons or places.

ARTICLE II.

The port of Simoda, in the principality of Idzu, and the port of Hakodade, in the principality of Matsmai, are granted by the Japanese as ports for the reception of American ships, where they

This treaty was superseded on July 17, 1899, by the treaty of November 22, 1894, Article XVIII.

can be supplied with wood, water, provisions, and coal, and other articles their necessities may require, as far as the Japanese have them. The time for opening the first-named port is immediately on signing this treaty; the last-named port is to be opened immediately after the same day in the ensuing Japanese year.

NOTE.-A tariff of prices shall be given by the Japanese officers of the things which they can furnish, payment for which shall be made in gold and silver coin.

ARTICLE III.

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 thus 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.

ARTICLE V.

Shipwrecked men and other citizens of the United States, temporarily living at Simoda and Hakodade, 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 in shall 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.

ARTICLE VI.

If there be any other sort of goods wanted, or any business which shall require to be arranged, there shall be careful deliberation between the parties in order to settle such matters.

ARTICLE VII.

It is agreed that ships of the United States resorting to the ports open to them shall be permitted to exchange gold and silver coin and articles of goods for other articles of goods, under such regulations as shall be temporarily established by the Japanese Government for that purpose. It is stipulated, however, that the ships of the United States shall be permitted to carry away whatever articles they are unwilling to exchange.

ARTICLE VIII.

Wood, water, provisions, coal, and goods required, shall only be procured through the agency of Japanese officers appointed for that purpose, and in no other manner.

ARTICLE IX.

It is agreed that if at any future day the Government of Japan shall grant to any other nation or nations privileges and advantages which are not herein granted to the United States and the citizens thereof, that these same privileges and advantages shall be granted likewise to the United States and to the citizens thereof, without any consultation or delay.

ARTICLE X.

Ships of the United States shall be permitted to resort to no other ports in Japan but Simoda and Hakodade, unless in distress of forced by stress of weather.

ARTICLE XI.

There shall be appointed, by the Government of the United States. Consuls or Agents to reside in Simoda, at any time after the expiration of eighteen months from the date of the signing of this treaty: provided that either of the two Governments deem such arrangement necessary.

ARTICLE XII.

The present convention having been concluded and duly signed. shall be obligatory and faithfully observed by the United States of America and Japan, and by the citizens and subjects of each respective Power; and it is to be ratified and approved by the President of the United States, by and with the advice and consent of the Senate thereof, and by the August Sovereign of Japan, and the ratification shall be exchanged within eighteen months from the date of the signature thereof, or sooner if practicable.

In faith whereof we, the respective Plenipotentiaries of the United States of America and the Empire of Japan aforesaid, have signed and sealed these presents.

Done at Kanagawa, this thirty-first day of March, in the year of our Lord Jesus Christ one thousand eight hundred and fifty-four, and of Kayei the seventh year, third month, and third day.

M. C. PERRY.

1857.

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,

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This treaty was superseded by the treaty of 1858. Ross v. McIntyre (140

U. S., 453).

For the purpose of further regulating the intercourse of American citizens within the Empire of Japan, and after due deliberation, His Excellency Townsend Harris, Consul General of the United States of America for the Empire of Japan, and their Excellencies_Inowouye, Prince of Sinano, and Nakamoera, Prince of Dewa, Governors of Simoda, all having full powers from their respective Governments, have agreed on the following articles, to wit:

ARTICLE I.

The port of Nangasaki, in the principality of Hizen, shall be open to American vessels, where they may repair damages, procure water, fuel, provisions, and other necessary articles, even coals, where they are obtainable.

ARTICLE II.

It being known that American ships coming to the ports of Simoda and Hakodade cannot have their wants supplied by the Japanese, it is agreed that American citizens may permanently reside at Simoda and Hakodade, and the Government of the United States may appoint a Vice-Consul to reside at Hakodade.

This article to go into effect on the fourth day of July, eighteen hundred fifty-eight.

ARTICLE III.

In settlement of accounts the value of the money brought by the Americans shall be ascertained by weighing it with Japanese coin (gold and silver itsebues,) that is, gold with gold, and silver with silver, or weights representing Japanese coin may be used, after such weights have been carefully examined and found to be correct.

The value of the money of the Americans having been thus ascertained, the sum of six per cent. shall be allowed to the Japanese for the expense of recoinage.

ARTICLE IV.

Americans committing offences in Japan shall be tried by the American Consul General or Consul, and shall be punished according to American laws.

Japanese committing offences against Americans shall be tried by the Japanese authorities, and punished according to Japanese laws.

ARTICLE V.

American ships which may resort to the ports of Simoda, Hakodade, or Nangasaki, for the purpose of obtaining necessary supplies, or to repair damages, shall pay for them in gold or silver coin; and if they have no money, goods shall be taken in exchange.

ARTICLE VI.

The Government of Japan admits the right of His Excellency the Consul General of the United States to go beyond the limits of Seven Ri, but has asked him to delay the use of that right, except in cases of emergency, shipwreck, &c., to which he has assented.

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