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. ART. XI. The articles for the regulation 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. ART. 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. ART. 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. ART. 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 Tycoon, and by the seals and signatures 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 abovenamed 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. REGULATIONS UNDER WHICH AMERICAN TRADE IS TO BE CONDUCTED IN JAPAN. REG. I. 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 time 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. 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 within 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. REG. II. The Japanese government shall have the right to place custom-house officers on board of any ship in their ports (men-ofwar excepted). All custom-house officers shall be treated with civility, and such reasonable accommodations 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 offense. 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 bereinafter provided, shall be liable to seizure and confiscation. Packages of goods made up with an intent 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 nonopened harbors of Japan, all such goods shall be forfeited to the Japanese government, and the ship shall pay a fine of ($1000) one thousand dollars for each offense. Vessels needing repairs may land their cargo 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 labor, storage, 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 dispos ed of. Cargo may be transhipped to another vessel in the same harbor without the payment of duty; but all such 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 offense, they shall collectively be held responsible for the payment of the foregoing penalty. REG. III. The owner or consignee of any goods, who desires to land them, shall make an entry of the same at the Japanese customhouse. 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 the 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 certificate shall be signed by the appraisers in presence of the 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 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 ship board. All goods intended to be exported shall be entered at the Japanese custom-house before they are placed on ship board. 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 customhouse, and all packages which contain prohibited articles shall be forfeited to the Japanese government. No entry at the customhouse shall be required for supplies for the use of ships, their crews and passengers, nor for the clothing, &c., of passengers. REG. IV. Ships wishing to clear shall give (24) twenty-four hours' notice (Sundays excepted) 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 reasons 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. REG. V. Any person signing a false declaration or certificate, with the intent to defaud the revenue of Japan, shall pay a fine of ($125) one hundred and twenty-five dollars for each offense. REG. VI. 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 each bill of health ($14) one dollar and a half. REG. VII-Duties shall be paid to the Japanese government on all goods landed in the country, according to the following tariff:Class 1. 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 2. A duty of (5) five 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 3. 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 4. All goods not included in 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. 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. COMPACT BETWEEN THE UNITED STATES OF AMERICA AND THE ROYAL GOVERNMENT OF LEWCHEW. Concluded at Napa, July 11th, 1854. Proclaimed by the President of the United States, March 9th, 1855. HEREAFTER, whenever citizens of the United States come to Lewchew, they shall be treated with great courtesy and friendship. Whatever articles these persons ask for, whether from the officers or people, which the country can furnish, shall be sold to them; nor shall the authorities interpose any prohibitory regulations to the people selling, and whatever either party may wish to buy shall be exchanged at reasonable prices. Whenever ships of the United States shall come into any harbor in Lewchew, they shall be supplied with wood and water at reasonable prices; but if they wish to get other articles, they shall be purchasable only at Napa. |