1497. ARTICLE VII.

Purchases for his excellency the Consul-General, or his family, may be made by him only, or by some member of his family, and payment made to the seller for the same without the intervention of any Japanese official, and for this purpose Japanese silver and copper coin shall be supplied to his excellency the Consul-General.

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Treaty concluded July 29, 1858 (Peace and Friendship).

1498. ARTICLE I.

There shall henceforward be perpetual peace and friendship between the United States of America and his Majesty the Tycoon of Japan and his successors.

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.

1499. 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.

1500. 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 fiftynine; 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. 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 pretense 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.

Americans committing offenses 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

ued for in the Consular Courts, and all recoveries shall be delivered to he Japanese authorities.

Neither the American nor Japanese Governments are to be held esponsible for the payment of any debts contracted by their respective itizens or subjects.

1502. ARTICLE VII.

In the opened harbors of Japan Americans shall be free to go where hey 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 ity shall not be approached nearer than (10) ten ri. The crews of vesels resorting to Hiogo shall not cross the River Enagawa, which empties Into the bay between Hiogo and Osaca. The distances shall be measired inland from Goyoso, or town hall of each of the foregoing harbors, he ri being equal to (4,275) four thousand two hundred and seventyive yards, American measure.

At Nagasaki Americans may go into any part of the imperial domain n 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 ind the Government of Japan. Americans who have been convicted of 'elony, or twice convicted of misdemeanors, shall not go more than (1) ne Japanese ri inland from the places of their respective residences, nd all persons so convicted shall lose their right of permanent residence n 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 examinaion into the circumstances of each case, determine the time to be llowed, but such time shall not in any case exceed one year, to be calulated from the time the person shall be free to attend to his affairs.

When requested by the American Consul, the Japanese authorities will cause the arrest of all deserters and fugitives from justice, receive n 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 observ ance 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.

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.

1505. 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.

Regulations under which American trade is to be conducted in Japan.

1506. REGULATION FIRST.

Within forty-eight (48) 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 papers 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 bill 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 twenty-four (24) hours (Sunday excepted) without the payment of any fee; but for any alteration or post entry to the manifest made after that time, a fee of fifteen dollars ($15) 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 sixty dollars ($60) for each day that he shall so neglect to enter his ship.

1507. REGULATION SECOND.

The Japanese Government shall have the right to place custom-house officers on board of 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 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 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