CHINA AND JAPAN
APPENDIX
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No. I.
CORRESPONDENCE RELATIVE TO THE ACTION OF FLAG-OFFICER TATTNALL AT THE PEIHO RIVER
June, 1859
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Admiral Hope to Flag-Officer Tattnall
COROMANDEL, Off the Peiho, 1st July, 1859
SIR: -- I have the honor to request you will accept my acknowledgement of the services which you found it consistent with your duty to permit your tender, the "Toeywan," to render during the 25th ultimo, and especially in the conveyance of the wounded to their vessels; and I beg you will accept my warmest thanks for the same.
I have the honor to be, Sir,
Your Obedient Servant,
(Signed) J. HOPE
Rear-Admiral and Commander-in-Chief.
FLAG-OFFICER TATTNALL,
U.S. Steam-Frigate Powhatan.
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Flag-Officer Tattnall to Admiral Hope
U.S. STEAM-FRIGATE POWHATAN,
Flagship E. India Squadron
Off Peiho River, July 2d, 1859
SIR: -- I have the honor to acknowledge the receipt of your communications of the 1st inst., referring to the slight services it was in my power to render your gallant squadron on the 25th ult.
It reminds me that I have not yet thanked you officially, for your aid in extricating the "Toeywan" from her embarrassing position when on shore near the Batteries, on the 24th, and for your very kind and flattering tender of the services of one of your gunboats, with the privilege of hoisting on board of her the American ensign and my own flag.
The evidence of kindness and confidence from your service to ours, will be justly appreciated by our Government, to whom I have communicated it.
I have the honor to be, Sir,
Your Obd't Serv't
JOSIAH TATTNALL,
Flag-Officer, Commd'g E. India Squad'n
REAR-ADMIRAL JAMES HOPE
Commander-in-Chief
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Col. Lemon to Flag-Officer Tattnall.
H.M. SHIP ASSISTANCE
Gulf of Pecheelee, 1st July, 1859.
SIR: -- Permit me to offer to yourself and the officers under your command the most sincere thanks of myself and officers, for the very kind manner in which officers and detachments of the Royal Marines were received on board the Toeywan, a few days ago; and for the very hospitable manner in which they were entertained while there.
I should have done myself the honor of thanking you personally for this great attention and kindness, but am unfortunately prevented from so doing, by a severe wound in the head, which I received on the 25th ult.
I have the honor to be, etc.
(Signed) W. LEMON,
Col. Commanding Royal Marines,
Expeditionary Force
FLAG-OFFICER TATTNALL,
U.S. Navy
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Lord Lyons to General Cass
WASHINGTON, October 10th, 1859.
SIR: -- Her Majesty's minister in China, has not failed to bear testimony to the friendly feeling of the United States Envoy, Mr. Ward, and of Flag-Officer Tattnall, and to the assistance which they rendered during the later operations at the Peiho River.
Her Majesty's Principal Secretary of State for Foreign Affairs has instructed me to express to the President of the United States, and to you, Sir, the thanks of Her Majesty's Government for the assistance thus rendered to Her Majesty's service by those distinguished officers, and to request that such thanks may be conveyed to them through the regular official channel.
I have the honor to be, with the highest consideration, Sir,
Your most Obedient humble Servant,
(Signed) LYONS
THE HONORABLE LEWIS CASS, etc., etc., etc.
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Lord Lyons to General Cass
WASHINGTON, October 17th, 1859
SIR: -- I have the honor to acknowledge the receipt of your note of the day before yesterday's date, informing me that in compliance with my request, the thanks of Her Majesty's Government will be conveyed to the United States Envoy in China, Mr. Ward, and to Flag-Officer Tattnall, for the friendly feeling manifested, and the assistance given by them during the late operations at the mouth of the Peiho River.
I have received by the mail which has just arrived from London, instructions to address myself again to your kindness, and to request you to convey to Flag-Officer Tattnall, the best acknowledgements of the Lords Commissioner of the Admiralty, for his courteous and valuable assistance on the occasion referred to.
I have the honor to be, with the highest consideration, Sir,
Your most Obedient humble Servant,
(Signed) LYONS.
HON'BLE LEWIS CASS,
Secretary of State, etc., etc., etc.
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Lord Lyons to Lord John Russell
WASHINGTON, 17th October, 1859
MY LORD: -- I have the honor to state that General Cass has informed me that the U.S. Envoy in China, Mr. Ward, and Flag-Officer Tattnall, will each be furnished with a copy of my note of the 10th instant, expressing the thanks of Her Majesty's Government for the assistance rendered by those distinguished officers during the late operations at the mouth of the Peiho River.
I have also the honor to inform you that I have requested that the best acknowledgements of the Lord Commissioners of the Admiralty may be conveyed to Flag-Officer Tattnall, for his courteous and valuable assistance on the occasion referred to.
In the course of the conversation which passed during a visit which I paid to the President on the evening of the 13th inst., he observed that one of the newspapers had blamed the conduct of Mr. Ward, and Flag Officer Tattnall, at the Peiho, as an improper departure from their neutral position, but that he was sure that the assistance rendered to H.M.'s ships had met with the hearty approbation of the great majority of the people of the United States.
I have, etc.
(Signed) LYONS
THE LORD JOHN RUSSELL, etc., etc., etc.
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Secretary Toucey to Flag-officer Tattnall
NAVY DEPARTMENT, October 22d, 1859
SIR: -- I enclose copies of two notes, dated the 10th and 17th inst., addressed to the Honorable Lewis Cass, Secretary of State, by Lord Lyons, the British Minister at Washington, expressing the thanks of Her Majesty's Government and the Lords Commissioners of the Admiralty, for your courteous and valuable assistance to Her Majesty's service during the late operations at the Peiho River.
I am very respectfully
Your obedient servant
(Signed) ISAAC TOUCEY
FLAG-OFFICER JOSIAH TATTNALL
Commanding U.S. East India Squadron
Hong Kong, China
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Flag-officer Tattnall to Secretary Toucey
U.S. STEAM-FRIGATE POWHATAN
Hong Kong, China, 28th December, 1859
SIR: -- I have the honor to acknowledge the receipt of your letter of the 5th of October, containing the very gratifying intelligence of the Department's approval of my course at the Peiho.
I have received from the hands of the British Admiral a copy of a letter from Lord Lyons, relative to the same affair, of which I inclose a copy.
I am, sir, with great respect,
Your obedient servant,
(Signed) JOSIAH TATTNALL
Flag-officer on return from command of
East India Squadron
HON. I. TOUCEY
Secretary of the Navy
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Flag-officer Tattnall to Admiral Hope
U.S. STEAM-FRIGATE POWHATAN
Hong Kong, December 28th, 1859
SIR: -- I have the honor to acknowledge the receipt of your communication of the 27th inst., and its accompaniment, a copy of a letter from H.B.M. Minister at Washington, to H.M. Secretary of State for Foreign Affairs, relative to the part taken by the American Minister and myself in the affair at the Peiho.
I have the honor to be, etc.
(Signed) JOSIAH TATTNALL
Flag-officer, etc.
REAR ADMIRAL J. HOPE
Commander-in-Chief H.B.M. Naval Forces
in India and China
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Admiral Hope to the Commander of Any British Vessel-of-War at Yedo
CHESAPEAKE, AT HONG KONG, 30th December, 1859
SIR: -- Should Flag-officer Tattnall be desirous of proceeding in the vessel you command to "Nagasaki," it is my direction that you receive him and his suite on board for that purpose, and you will, so far as the service in which you are engaged permits, suit his convenience as to the time of proceeding thither.
Should you be on your return to Shanghai, you will further offer the Flag-office a passage to that Port.
I have the honor to be, Sir,
Your obedient servant,
(Signed) J. HOPE
Rear Admiral and Commander-in-Chief
The Commander of any
British vessel-of-war at Yedo
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No. II.
TREATY OF TIENTSIN
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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas a treaty between the United States of America and the Ta-Tsing Empire was concluded and signed at Tientsin by their respective plenipotentiaries, on the eighteenth day of June, 1858, which treaty is, word for word, as follows:
The United States of America and the Ta-Tsing Empire, desiring to maintain firm, lasting, and sincere friendship, have resolved to renew, in a manner clear and positive, by means of a treaty or general convention of peace, amity, and commerce, 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 and the august sovereign of the Ta-Tsing Empire have named for their plenipotentiaries, to wit: The President of the United States of America,, William B. Reed, Envoy Extraordinary and Minister Plenipotentiary to China; and his Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments; and Hwashana, President of the Board of Civil Office and Major General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them being Imperial Commissioners and Plenipotentiaries; and the said ministers, in virtue of the respective full powers they have received from their governments, have agreed upon the following articles:
ARTICLE I.
There shall be, as there have always been, peace and friendship between the United States of America and the Ta-Tsing Empire, and between their people, respectively. They shall not insult or oppress each other for any trifling cause, so as to produce an estrangement between them; and if any other nation should act unjustly or oppressively, the United States will exert their good offices, on being informed of the cause, to bring about an amicable arrangement of the question, thus showing their friendly feelings.
ARTICLE II.
In order to perpetuate friendship, on the exchange of ratifications by the President, with the advice and consent of the Senate of the United States, and by his Majesty the Emperor of China, this treaty shall be kept and sacredly guarded in this way, viz: The original treaty, as ratified by the President of the United States, shall be deposited at Peking, the capital of his Majesty the Emperor of China, in charge of the Privy Council; and, as ratified by his Majesty the Emperor of China, shall be deposited at Washington, the capital of the United States, in charge of the Secretary of State.
ARTICLE III.
In order that the people of the two countries may know and obey the provisions of this treaty, the United States of America agree, immediately on the exchange of ratifications, to proclaim the same and to publish it by proclamation in the gazettes where the laws of the United States are published by authority; and his Majesty the Emperor of China, on the exchange of ratifications, agrees immediately to direct the publication of the same at the capital and by the governors of all the provinces.
ARTICLE IV.
In order further to perpetuate friendship, the minister or commissioner, or the highest diplomatic representative of the United States of America in China, shall at all times have the right to correspond on terms of perfect equality and confidence with the officers of the Privy Council at the capital, or with the governors general of the Two Kwangs, the provinces of Fuhkien and Chehkiang or of the Two Kiangs; and whenever he desires to have such correspondence with the Privy Council at the capital he shall have the right to send it through either of the governors general or by the general post; and all such communications shall be sent under seal, which shall be most carefully respected. The Privy Council and governors general, as the case may be, shall in all cases consider and acknowledge such communications promptly and respectfully.
ARTICLE V.
The minister of the United States of America in China, whenever he has business, shall have the right to visit and sojourn at the capital of his Majesty the Emperor of China, and there confer with a member of the Privy Council, or any other high officer of equal rank deputed for that purpose, on matters of common interest and advantage. His visits shall not exceed one in each year, and he shall complete his business without unnecessary delay. He shall be allowed to go by land or come to the mouth of the Peiho, into which he shall not bring ships-of-war, and he shall inform the authorities at that place in order that boats may be provided for him to go on his journey. He is not to take advantage of this stipulation to request visits to the capital on trivial occasions. Whenever he means to proceed to the capital he shall communicate, in writing, his intention to the Board of Rites at the capital, and thereupon the said board shall give him the necessary directions to facilitate his journey and give him necessary protection and respect on his way. On his arrival at the capital he shall be furnished with a suitable residence prepared for him, and he shall defray his own expenses; and his entire suite shall not exceed twenty persons, exclusive of his Chinese attendants, none of whom shall be engaged in trade.
ARTICLE VI.
If at any time his Majesty the Emperor of China shall, by treaty voluntarily made, or for any other reason, permit the representative of any friendly nation to reside at his capital for a long or short time, then, without any further consultation or express permission, the representative of the United States in China shall have the same privilege.
ARTICLE VII
The superior authorities of the United States and of China in corresponding together shall do so on terms of equality and in form of mutual communication, (chauhwui.) The consuls and the local officers, civil and military, in corresponding together shall likewise employ the style land form of mutual communication, (chauhwui.) When inferior officers of one government address superior officers of the other they shall do so in the style and form of memorial, (shin chin.) Private individuals, in addressing superior officers, shall employ the style of petition, (pinching.) In no case shall any terms or style be used or suffered which shall be offensive or disrespectful to either party. And it is agreed that no presents, under any pretext or form whatever, shall ever be demanded of the United States by China, or of China by the United States.
ARTICLE VIII.
In all future personal intercourse between the representative of the United States of America and the governors general or governors, the interviews shall be had at the official residences of the said officers or at their temporary residences, or at the residence of the representative of the United States of America, whichever may be agreed upon between them; nor shall they make any pretext for declining these interviews. Current matters shall be discussed by correspondence, so as not to give the trouble of a personal meeting.
ARTICLE IX.
Whenever national vessels of the United States of America, in cruising along the coast and among the ports opened for trade for the protection of the commerce of their country or for the advancement of science, shall arrive at or near any of the ports of China, commanders of said ships and the superior local authorities of government shall, if it be necessary, hold intercourse on terms of equality and courtesy, in token of the friendly relations of their respective nations; and the said vessels shall enjoy all suitable facilities on the part of the Chinese government in procuring provisions or other supplies and making necessary repairs. And the United States of America agree that in case of the shipwreck of any American vessel, and its being pillaged by pirates, or in case any Americana vessel shall be pillaged or captured by pirates on the seas adjacent to the coast, without being shipwrecked, the national vessels of the United States shall pursue the said pirates, and if captured deliver them over for trial and punishment.
ARTICLE X
The United States of America shall have the right to appoint consuls and other commercial agents for the protection of trade, to reside at such places in the dominions of China as shall be agreed to be opened; who shall hold official intercourse and correspondence with the local officers of the Chinese government, (a consul or vice-consul in charge taking rank with an intendant of curcuit or a prefect,) either personally or in writing, as occasion may require, on terms of equality and reciprocal respect. And the consuls and local officers shall employ the style of mutual communication. If the officers of either nation are disrespectfully treated or aggrieved in any way by the other authorities, they have the right to make representation of the same to the superior officers of the respective governments, who shall see that full inquiry and strict justice shall be had in the premises. And the said consuls and agents shall carefully avoid all acts of offence to the officers and people of China. On the arrival of a consul duly accredited at any port in China, it shall be the duty of the minister of the United States to notify the same to the governor general of the province where such port is, who shall forthwith recognize the said consul and grant him authority to act.
ARTICLE XI
All citizens of the United States of America in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of government, who shall defend them from all insult or injury of any sort. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the consul, shall immediately despatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigor of the law. Subjects of China guilty of any criminal act towards citizens of the United States shall be punished by the Chinese authorities according to the laws of China; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons the persons or injure the property of Chinese, or commit any other improper act in China, shall be punished only by the consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chinese or the United States authorities.
ARTICLE XII
Citizens of the United States, residing or sojourning at any of the ports open to foreign commerce, shall be permitted to rent houses and places of business, or hire sites on which they can themselves build houses or hospitals, churches and cemeteries. The parties interested can fix the rent by mutual and equitable agreement; the proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, unless there be some objections offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be paid. The citizens of the United States shall not unreasonably insist on particular spots, but each party shall conduct with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according to law. At the places where the ships of the United States anchor, or their citizens reside, the merchants, seamen, or others can freely pass and repass in the immediate neighborhood; but, in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue.
ARTICLE XIII
If any vessel of the United States be wrecked or stranded on the coast of China, and be subjected to plunder or other damage, the proper officers of government, on receiving information of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtaining supplies of provisions and water. If the merchant vessels of the United States, while within the waters over which the Chinese government exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereon, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the property which can be recovered to be restored to the owners or placed in the hands of the consul. If, by reason of the extent of territory and numerous population of China, it shall in any case happen that the robbers cannot be apprehended, and the property only in part recovered, the Chinese government shall not make indemnity for the goods lost; but if it shall be proved that the local authorities have been in collusion with the robbers, the same shall be communicated to the superior authorities for memorializing the Throne, and these officers shall be severely punished, and their property be confiscated to repay the losses.
ARTICLE XIV
The citizens of the United States are permitted to frequent the ports and cities of Canton and Chau-chau or Swatau, in the province of Kwang-tung, Amoy, Fuh-chau, and Tai-wan, in Formosa, in the province of Fuh-kien, Ningpo, in the province of Cheh-kiang, and Shanghai, in the province of Kiang-su, and any other port or place hereafter by treaty with other powers or with the United States opened to commerce, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of China not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Chinese government; and any citizen of the United States who shall trade in any contraband article of merchandise shall be subject to be dealt with by the Chinese government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subject of other nations as a cover for the violation of the laws of the Empire.
ARTICLE XV
At each of the ports open to commerce citizens of the United States shall be permitted to import from abroad, and sell, purchase, and export all merchandise of which the importation and exportation is not prohibited by the laws of the Empire. The tariff of duties to be paid by citizens of the United States, on the export and import of goods from and into China, shall be the same as was agreed upon at the treaty of Wanghia, except so far as it may be modified by treaties with other nations, it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favored nation.
ARTICLE XVI
Tonnage duties shall be paid on every merchant vessel belonging to the United States entering either of the open ports at the rate of four mace per ton of forty cubic feet, if she be over one hundred and fifty tons burden, and one mace per ton of forty cubic feet, if she be of the burden of one hundred and fifty tons or under, according to the tonnage specified in the register; which, with her other papers, shall, on her arrival, be lodged with the consul, who shall report the same to the commissioner of customs. And if any vessel, having paid tonnage duty at one port, shall go to any other port to complete the disposal of her cargo, or being in ballast, to purchase and entire or fill up an incomplete cargo, the consul shall report the same to the commissioner of customs, who shall note on the port clearance that the tonnage duties have been paid, and report the circumstances to the collectors at the other customs houses; in which case, the said vessel shall only pay duty on her cargo, and not be charged with tonnage duty a second time. The collectors of customs at the open ports shall consult with the consuls about the erection of beacons or light-houses, and where buoys and light-ships should be placed.
ARTICLE XVII
Citizens of the United States shall be allowed to engage pilots to take their vessels into port, and, when the lawful duties have all been paid, take them out of port. It shall be lawful for them to hire at pleasure servants, compradores, linguists, writers, laborers, seamen, and persons for whatever necessary services, with passage or cargo boats, for a reasonable compensation, to be agreed upon by the parties or determined by the consul.
ARTICLE XVIII
Whenever merchant vessels of the United States shall enter a port, the collector of customs shall, if he see fit, appoint custom-house officers to guard said vessels, who may live on board the ship or their own boats, at their convenience. The local authorities of the Chinese government shall cause to be apprehended all mutineers or deserters from on board the vessels of the United States in China on being informed by the consul, and will deliver them up to the consuls or other officer for punishment. And if criminals, subjects of China, take refuge in the houses or on board the vessels of citizens of the United States, they shall not be harbored or concealed, but shall be delivered up to justice on due requisition by the Chinese local officers, addressed to those of the United States. The merchants, seamen, and other citizens of the United Sates shall be under the supervision of the appropriate officers of their government. If individuals of either nation commit acts of violence or disorder, use arms to the injury of others, or create disturbances endangering life, the officers of the two governments will exert themselves to enforce order to maintain the public peace, by doing impartial justice in the premises.
ARTICLE XIX
Whenever a merchant vessel belonging to the United States shall cast anchor in either of the said ports, the supercargo, master, or consignee, shall, within forty-eight hours, deposit the ship's papers in the hands of the consul or person charged with his functions, who shall cause to be communicated to the superintendent of customs a true report of the name and tonnage of such vessel, the number of her crew, and the nature of her cargo, which being done, he shall give a permit for her discharge. And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars, and the goods so discharged without permit shall be subject to forfeiture to the Chinese government. But if a master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duty on such part only, and to proceed with the remainder to any other ports. Or, if the master so desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he shall not be subject to pay tonnage or other duties or charges until, on his arrival at another port, he shall proceed to discharge cargo, when he shall pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held due after the expiration of the said forty-eight hours. In the case of the absence of the consul or person charged with his functions, the captain or supercargo of the vessel may have recourse to the consul of a friendly power, or, if he please, directly to the superintendent of customs, who shall do all that is required to conduct the ship's business.
ARTICLE XX
The superintendent of customs, in order to the collection of the proper duties, shall, on application made to him through the consul, appoint suitable officers, who shall proceed, in the presence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation or laden for exportation on board any merchant vessel of the United States. And if disputes occur in regard to the value of the goods subject to ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not afterward, be referred to the said consul to adjust with the superintendent of customs.
ARTICLE XXI
Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty thereon, if they desire to re-export the same in part or in whole to any other of the said ports, shall be entitled to make application, through their consul, to the superintendent of customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by suitable officers, to see that the duties paid on such goods as are entered on the custom-house books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant, and shall also certify the facts to the officers of customs of the other ports; all which being done on the arrival in port of the vessel in which the goods are laden, and everything being found, on examination there, to correspond, she shall be permitted to break bulk and land the said goods without being subject to the payment of any additional duty thereon. But if, on such examination, the superintendent of customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese government. Foreign grain or rice brought into any port of China in a ship of the United States, and not landed, may be re-exported without hindrance.
ARTICLE XXII
The tonnage duty on vessels of the United States shall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading of the same. When all such duties shall have been paid, and not before, the collector of customs shall give a port clearance, and the consul shall return the ship's papers. The duties shall be paid to the shroffs authorized by the Chinese government to receive the same. Duties shall be paid and received, either in syce silver or in foreign money, at the rate of the day. If the consul permits a ship to leave the port before the duties and tonnage dues are paid he shall be held responsible therefor.
ARTICLE XXIII
When goods on board any merchant vessel of the United States in port require to be transhipped to another vessel, application shall be made to the consul, who shall certify what is the occasion therefor to the superintendent of customs, who may appoint officers to examine into the facts and permit the transhipment. And if any goods be transhipped without written permits they shall be subject to be forfeited to the Chinese government.
ARTICLE XXIV
Where there are debts due by subjects of China to citizens of the United States, the latter may seek redress in law; and, on suitable representations being made to the local authorities, through the consul, they will cause due examination in the premises, and take proper steps to compel satisfaction. And if citizens of the Untied states be indebted to subjects of China, the latter may seek redress by representation through the consul, or by suit in the consular court; but neither government will hold itself responsible for such debts.
ARTICLE XXV
It shall be lawful for the officers or citizens of the United States to employ scholars and people in any part of China, without distinction of persons, to teach any of the languages of the empire, and to assist in literary labors; and the persons so employed shall not for that cause be subject to any injury on the part either of the government or of individuals; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China.
ARTICLE XXVI
Relations of peace and amity between the United States and China being established by this treaty, and the vessels of the United States being admitted to trade freely to and from the ports of China open to foreign commerce, it is further agreed that, in case at any time hereafter China should be at war with any foreign nation whatever, and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent powers, full respect being paid to the neutrality of the flag of the United States; provided, that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's service, nor shall said flag be fraudulent used to enable the enemy's ships, with their cargoes, to enter the ports of China; but all such vessels so offending shall be subject of forfeiture and confiscation to the Chinese government.
ARTICLE XXVII
All questions in regard to rights, whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction and regulated by the authorities of their own government; and all controversies occurring in China between citizens of the United States and the subjects of any other government shall be regulated by the treaties existing between the United States and such governments, respectively, without interference on the part of China.
ARTICLE XXVIII
If citizens of the United States have special occasion to address any communication to the Chinese local officers of government, they shall submit the same to their consul or other officer, to determine if the language be proper and respectful, and the matter just and right, in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. If subjects of China have occasion to address the consul of the United States, they may address him directly at the same time they inform their own officers, representing the case for his consideration and action in the premises; and if controversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations, acting in conjunction. The extortion of illegal fees is expressly prohibited. Any peaceable persons are allowed to enter the court in order to interpret, lest injustice be done.
ARTICLE XXIX
The principles of the Christian religion, as professed by the Protestant and Roman Catholic churches, are recognized as teaching men to do good, and to do to others as they would have others do to them. Hereafter those who quietly profess and teach these doctrines shall not be harassed or persecuted on account of their faith. Any person, whether citizen of the United States or Chinese convert, who, according to these tenets, peaceably teach and practise the principles of Christianity, shall in no case be interfered with or molested.
ARTICLE XXX
The contracting parties hereby agree that should at any time the Ta-Tsing Empire grant any nation, or the merchants or citizens of any nation, any right, privilege, or favor, connected either with navigation, commerce, political or other intercourse, which is not conferred by this treaty, such right, privilege, and favor shall at once freely enure to the benefit of the United States, its public officers, merchants, and citizens.
The present treaty of peace, amity, and commerce shall be ratified by the President of the United States, by and with the advice and consent of the Senate within one year, or sooner, if possible, and by the august Sovereign of the Ta-Tsing Empire forthwith; and the ratification shall be exchanged within one year from the date of the signatures thereof.
In faith whereof, we, the respective plenipotentiaries of the United States of America and of the Ta-Tsing Empire, as aforesaid, have signed and sealed these presents.
Done at Tientsin this eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight, and of the independence of the United States of America the eighty-second, and in the eighth year of Hienfung, fifth month and the eighth day.
WILLIAM B. REED
[L.S.]
KWEILIANG
[L.S.]
HWASHANA
[L.S.]
And whereas the said treaty has been duly ratified on both parts, and the respective ratification of the same have been exchanges:
Now, therefore, be it known that I, JAMES BUCHANAN, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause or article thereof, may be fully observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington, this twenty-sixth day of January, in the year of our Lord one thousand eight hundred and sixty, and of the independence of the United States the eighty-fourth.
[L.S.]
JAMES BUCHANAN
By the President;
LEW. CASS, Secretary of State.
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No. III
TREATY OF YEDO
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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas a treaty of amity and commerce between the United States and the Empire of Japan was concluded and signed by their respective plenipotentiaries at the city of Yedo, on the twenty-ninth of July, one thousand eight hundred and fifty-eight, which treaty is word for word as follows:
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 Jno-oo-ye, 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 I
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.
The President of the United States may appoint a diplomatic agent to reside in 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 II
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.
ARTICLE III
In addition to the ports of Simoda and Hakodadi, 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 (1st of January, 1860) first day of January, one thousand eight hundred and sixty; Hiogo, on the (1st 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 harbor, another port on the west coast of Nipon shall be selected by the two governments in lieu thereof. Sixth 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 dwellings 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 harbor 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 government 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 IV
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-house 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, Hakodadi, and Nagasaki, and stored in warehouses, in the custody of an officer of the American government, without 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 three (3) 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 V
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 harbor, furnish the Americans with Japanese coin, in exchange for theirs, equal weight 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.
ARTICLE VI
Americans committing offences against Japanese shall be tried in American consular courts, and when guilty shall be punished according to American law. Japanese committing offenses 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 debts contracted by their respective citizens or subjects.
ARTICLE VII
In the opened harbors 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 another direction.
At Hakodadi, (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) ri. The crews of vessels resorting to Hiogo shall not cross the River Enagawa, which empties into the Bay between Hiogo and Osaca. The distances shall be measured inland from Goyoso, or town hall, of each of the foregoing harbors, 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. The boundaries of Nee-e-gata, or the place that may be substituted for it, shall be settled by the American diplomatic agent and the government of Japan. Americans who have been convicted of felony, or twice convicted of misdemeanors, shall not go more than (1) Japanese ri inland from the places of their respective residences, and all persons so convicted shall lose their right of permanent residence in Japan, and the Japanese authorities may require them to leave the country.
A reasonable time shall be allowed to all such persons to settle their affairs, and the American consular authority shall, after an examination into the circumstances of each case, determine the time to be allowed, but such time shall not in any case exceed one year, to be calculated from the time the person shall be free to attend to his affairs.
ARTICLE VIII
Americans in Japan shall be allowed the free exercise of their religion, and for this purpose shall have the right to erect suitable places of worship. No injury shall be done to such buildings, nor any insult be offered to the religious worship of the Americans. American citizens shall not injure any Japanese temple of mia, or offer any insult or injury to Japanese religious ceremonies, or to the objects of their worship.
The Americans and Japanese shall not do anything that may be calculated to excite religious animosity. The government of Japan has already abolished the practice of trampling on religious emblems.
ARTICLE IX
When requested by the American consul, the Japanese authorities will cause the arrest of all deserters and fugitives from justice, receive in jail all persons held as prisoners by the consul, and give to the consul such assistance as may be required to enable him to enforce the observance of the laws by the Americans who are on land, and to maintain order among the shipping. For all such service, and for the support of prisoners kept in confinement, the consul shall in all cases pay a just compensation.
ARTICLE X
The Japanese government may purchase or construct in the United States ships of war, steamers, merchant ships, whale ships, cannon, munitions of war, and arms of all kinds, and any other things it may require. It shall have the right to engage in the United States scientific, naval and military men, artizans of all kinds, and mariners to enter into its service. All purchases made for the government of Japan may be exported from the United States, and all persons engaged for its service may freely depart from the United States: Provided, That no articles that are contraband of war shall be exported, nor any persons engaged to act in a naval or military capacity, while Japan shall be at war with any power in amity with the United States.
ARTICLE XI
The articles for the regulations of trade, which are appended to this treaty, shall be considered as forming a part of the same, and shall be equally binding on both the contracting parties to this treaty, and on their citizens and subjects.
ARTICLE XII
Such of the provisions of the treaty made by Commodore Perry, and signed at Kanagawa, on the 31st of March, 1854, as conflict with the provisions of this treaty are hereby revoked; and as all the provisions of a convention executed by the consul general of the United States and the governors of Simoda, on the 17th of June, 1857, are incorporated in this treaty, that convention is also revoked.
The person charged with the diplomatic relations of the United States in Japan, in conjunction with such person or persons as may be appointed for that purpose by the Japanese government, shall have power to make such rules and regulations as may be required to carry into full and complete effect the provisions of this treaty, and the provisions of the articles regulating trade appended thereunto.
ARTICLE XIII
After the (4th of July, 1872) fourth day of July, one thousand eight hundred and seventy-two, upon the desire of either the American or Japanese governments, and on one year's notice given by either party, this treaty, and such portions of the treaty of Kanagawa as remain unrevoked by this treaty, together with the regulations of trade hereunto annexed, or those that may be hereafter introduced, shall be subject to revision by commissioners appointed on both sides for this purpose, who will be empowered to decide on, and insert therein, such amendments as experience shall prove to be desirable.
ARTICLE XIV
This treaty shall go into effect on the (4th of July, 1859) fourth day of July, in the year of our Lord one thousand eight hundred and fifty-nine, on or before which day the ratifications of the same shall be exchanged at the city of Washington; but if, from any unforeseen cause, the ratifications cannot be exchanged by that time, the treaty shall still go into effect at the date above-mentioned.
The act of ratification on the part of the United States shall be verified by the signature of the President of the United States, countersigned by the Secretary of State, and sealed with the seal of the United States.
The act of ratification on the part of Japan shall be verified by the name and seal of his Majesty the Ty-Coon, and by the seals and signature of such of his high officers as he may direct.
This treaty is executed in quadruplicate, each copy being written in the English, Japanese, and Dutch languages, all the versions having the same meaning and intention, but the Dutch version shall be considered as being the original.
In witness whereof, the above-named plenipotentiaries have hereunto set their hands and seals, at the city of Yedo, this twenty-ninth day of July, in the year of our Lord one thousand eight hundred and fifty-eight, and of the independence of the United States of America the eighty-third, corresponding to the Japanese era, the nineteenth day of the sixth month of the fifth year of Ansei Mma.
TOWNSEND HARRIS [SEAL]
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Regulations under which American trade is to be conducted in Japan
REGULATION FIRST
Within (48) forty-eight hours (Sundays excepted) after the arrival of an American ship in a Japanese port, the captain or commander shall exhibit to the Japanese custom-house authorities the receipt of the American consul, showing that he has deposited the ship's register and other papers, as required by the laws of the United States, at the American consulate, and he shall then make an entry of his ship, by giving a written paper, stating the name of the ship, and the name of the port from which she comes, her tonnage, the name of her captain or commander, the names of her passengers, (if any,) and the number of her crew, which paper shall be certified by the captain or commander to be a true statement, and shall be signed by him; he shall at the same deposit a written manifest of his cargo, setting forth the marks and numbers of the packages and their contents, as they are described in his bills of lading, with the names of the person or persons to whom they are consigned. A list of the stores of the ship shall be added to the manifest. The captain or commander shall certify the manifest to be a true account of all the cargo and stores on board the ship, and shall sign his name to the same. If any error is discovered in the manifest, it may be corrected within (24) twenty-four hours (Sundays excepted) without the payment of any fee; but for any alteration or post entry to the manifest made after that time, a fee of ($15) fifteen dollars shall be paid. All goods not entered on the manifest shall pay double duties on being landed. Any captain or commander that shall neglect to enter his vessel at the Japanese custom-house by the time prescribed by this regulation shall pay a penalty of ($60) sixty dollars for each day that he shall so neglect to enter his ship.
REGULATION SECOND
The Japanese government shall have the right to place custom-house officers on board any ship in their ports (men-of-war excepted.) All custom-house officers shall be treated with civility, and such reasonable accommodation shall be allotted to them as the ship affords. No goods shall be unladen from any ship between the hours of sunset and sunrise, except by special permission of the custom-house authorities, and the hatches, and all other places of entrance into that part of the ship where the cargo is stowed, may be secured by Japanese officers, between the hours of sunset and sunrise, by affixing seals, locks, or other fastenings; and if any person shall, without due permission, open any entrance that has been so secured, or shall break or remove any seal, lock, or other fastening that has been affixed by the Japanese custom-house officers, every person so offending shall pay a fine of ($60) sixty dollars for each offence. Any goods that shall be discharged or attempted to be discharged from any ship, without having been duly entered at the Japanese custom-house, as hereinafter provided, shall be liable to seizure and confiscation.
Packages of goods made up with an attempt to defraud the revenue of Japan, by concealing therein articles of value which are not set forth in the invoice, shall be forfeited.
American ships that shall smuggle, or attempt to smuggle, goods in any of the non-opened harbors of Japan, all such goods shall be forfeited to the Japanese government, and the ship shall pay a fine of ($1,000) one thousand dollars for each offence. Vessels needing repairs may land their cargoes for that purpose without the payment of duty. All goods so landed shall remain in charge of the Japanese authorities, and all just charges for storage, labor, and supervision shall be paid thereon. But if any portion of such cargo be sold, the regular duties shall be paid on the portion so disposed of. Cargo may be transhipped to another vessel in the same harbor without the payment of duty; but all transhipments shall be made under the supervision of Japanese officers, and after satisfactory proof has been given to the custom-house authorities of the bona fide nature of the transaction, and also under a permit to be granted for that purpose by such authorities. The importation of opium being prohibited, if any person or persons shall smuggle, or attempt to smuggle, any opium, he or they shall pay a fine of ($15) fifteen dollars for each catty of opium so smuggled or attempted to be smuggled; and if more than one person shall be engaged in the offence, they shall be held collectively responsible for the payment of the foregoing penalty.
REGULATION THIRD
The owner or consignee of any goods, who desires to land them, shall make an entry of the same at the Japanese custom-house. The entry shall be in writing, and shall set forth the name of the person making the entry, and the name of the ship in which the goods were imported, and the marks, numbers, packages, and the contents thereof, with the value of each package extended separately in one amount, and at the bottom of the entry shall be placed the aggregate value of all the goods contained in the entry. On each entry the owner or consignee shall certify, in writing, that the entry then presented exhibits the actual cost of the goods, and that nothing has been concealed whereby the customs of Japan would be defrauded; and the owner or consignee shall sign his name to such certificate.
The original invoice or invoices of the goods so entered shall be presented to the custom-house authorities, and shall remain in their possession until they have examined the goods contained in the entry.
The Japanese officers may examine any or all of the packages so entered, and for this purpose may take them to the custom-house, but such examination shall be without expense to the importer or injury to the goods, and after examination, the Japanese shall restore the goods to their original condition in the packages, (so far as may be practicable,) and such examination shall be made without any unreasonable delay.
If any owner or importer discovers that his goods have been damaged on the voyage of importation before such goods have been delivered to him, he may notify the custom-house authorities of such damage, and he may have the damaged goods appraised by two or more competent and disinterested persons, who, after due examination, shall make a certificate setting forth the amount per cent. of damage on each separate package, describing it by its mark and number, which certificates shall be signed by the appraisers in presence of custom-house authorities, and the importer may attach the certificate to his entry, and make a corresponding deduction from it. But this shall not prevent the custom-house authorities from appraising the goods in the manner provided in the article fourth of the treaty, to which these regulations are appended.
After the duties have been paid, the owner shall receive a permit authorizing the delivery to him of the goods, whether the same are at the custom-house or on shipboard. All goods intended to be exported shall be entered at the Japanese custom-house before they are placed on shipboard. The entry shall be in writing, and shall state the name of the ship by which the goods are to be exported, with the marks and numbers of the packages, and the quantity, description, and value of their contents. The exporter shall certify in writing that the entry is a true account of all the goods contained therein, and shall sign his name thereto. Any goods that are put on board of a ship for exportation before they have been entered at the custom-house, and all packages which contain prohibited articles, shall be forfeited to the Japanese government.
No entry at the custom-house shall be required for supplies for the use of the ships, their crews and passengers, nor for the clothing, etc., of passengers.
REGULATION FOURTH
Ships wishing to clear shall give (24) twenty-four hours' notice at the custom-house, and at the end of that time they shall be entitled to their clearance; but if it be refused, the custom-house authorities shall immediately inform the captain or consignee of the ship of the reason why the clearance is refused, and they shall also give the same notice to the American consul.
Ships of war of the United States shall not be required to enter or clear at the custom-house, nor shall they be visited by Japanese custom-house or police officers. Steamers carrying the mails of the United States may enter and clear on the same day, and they shall not be required to make a manifest, except for such passengers and goods as are to be landed in Japan; but such steamers shall, in all cases, enter and clear at the custom-house.
Whale ships touching for supplies, or ships in distress, shall not be required to make a manifest of their cargo; but if they subsequently wish to trade, they shall then deposit a manifest, as required in regulation first.
The word ship, wherever it occurs in these regulations, or in the treaty to which they are attached, is to be held as meaning ship, barque, brig, schooner, sloop, or steamer.
REGULATION FIFTH
Any person signing a false declaration or certificate with the intent to defraud the revenue of Japan shall pay a fine of ($125) one hundred and twenty-five dollars for each offence.
REGULATION SIXTH
No tonnage duties shall be levied on American ships in the ports of Japan, but the following fees shall be paid to the Japanese custom-house authorities: For the entry of a ship ($15) fifteen dollars; for the clearance of a ship ($7) seven dollars; for each permit ($1«) one dollar and a half; for each bill of health ($1«) one dollar and a half; for any other document ($1«) one dollar and a half.
REGULATION SEVENTH
Duties shall be paid to the Japanese government on all goods landed in the country according to the following tariff:
Class One. -- All articles in this class shall be free of duty.
Gold and silver, coined or uncoined
Wearing apparel in actual use.
Household furniture and printed books not intended for sale, but the property of persons who come to reside in Japan.
Class Two. -- A duty of (5) per cent. shall be paid on the following articles: All articles used for the purpose of building, rigging, or fitting out of ships; whaling gear of all kinds; salted provisions of all kinds; bread and breadstuffs; living animals of all kinds; coals; timber for building houses; rice; paddy; steam machinery; zinc; lead; tin; raw silk.
Class Three. -- A duty of (35) thirty-five per cent. shall be paid on all intoxicating liquors, whether prepared by distillation, fermentation, or in any other manner.
Class Four. -- All goods not included in any of the preceding classes shall pay a duty of (20) twenty per cent.
All articles of Japanese production, which are exported as cargo, shall pay a duty of (5) five per cent., with the exception of gold and silver and copper in bars. (5) Five years after the opening of Kanagawa the import and export duties shall be subject to revision if the Japanese government desires it.
TOWNSEND HARRIS [L.S.]
And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at Washington on the 22d inst. by Lewis Cass, Secretary of State of the United States, and Simme Boozen no Kami, Muragaki Awadsi no Kami, and Ogure Bungo no Kami, Envoys Extraordinary and Ministers Plenipotentiary of his Majesty the Ty-Coon of Japan, on the part of their respective governments.
Now, therefore, be it known that I, JAMES BUCHANAN, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington, this twenty-third day of May, in the year of our Lord one thousand eight hundred and sixty, and of the independence of the United States of America the eighty-fourth.
[L.S.]
JAMES BUCHANAN
By the President:
LEWIS CASS, Secretary of State.
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