Documents in History: 1857 Additional Articles to the Treaty of Commerce between the Netherlands and Japan

The Dutch, after Perry's departure, negotiated and signed a treaty in 1856 with the Japanese expanding its activities beyond Dejima and into the whole of Nagasaki. In 1857, Donker Curtius, head of the Dutch enclave negotiated additional articles that expanded further Dutch influence, including the addition of the status of most favored state. Explore the contents of this 1857 treaty bellow.

Additional Articles to the Treaty of Commerce concluded January 30, 1856, Between the Netherlands and Japan

Signed at Nagasaki, October 16, 1857

Additional Articles agreed upon between the Netherlands and the Japanese Plenipotentiaries:

Master Jan Hendrik Donker Curtius, Netherlands Commissioner in Japan; and Midsoeno Tsikoegono Kami, Financial Governor and Governor of Nagasaki, Alao Iwamino Kami, Governor of Nagsaki, Iwase Igano Kami, Imperial superintendent;

In order to form part of the Treaty concluded between the Netherlands and Japan, at Nagasaki on the 30th January 1856.

Art. I. Trading shall be allowed from henceforth in the ports of Nagasaki and Hakodate.

Trading at Hakodate shall begin 10 months from the date hereof.

II. Tonnage dues calculated at Sp. M. 0.5 (5 maas). Or ƒ. 0.80 (80 cents.) Netherlands currency per ton, shall be paid within two days after arriving.

For ships of less than 150 tons burden Sp. M. 0.1 (1 maas) or ƒ.  016 (16 cents.) Netherlands currency is to be paid per ton.

Ships of war pay no tonnage dues but they pay pilot dues, and the hire of towing vessels.

In case the tonnage dues have been once pair at Nagasaki, and the ships depart from thence direct for Hakodate, the tonnage dues are not to be paid a second time. For this effect a receipt shall be given at Nagasaki, on the manifest for the tonnage dues paid, and vice versa, in like manner on departing from Nagasaki for Hakodate. After having visited a foreign port a manifest must again be produce and tonnage dues paid whenever new articles are brought.

In case vessels are hired for unloading, loading or towing, coolies are to be employed who are registered as such. No coolies shall be employed who are not provided with a certificate of registration.

III. Merchant ships which do not trade, but remain longer than twice 24 hours in a port pay tonnage dues.

Merchant ships which run in for repairs, from distress, and c., without trading or transshipping, pay no tonnage dues. In case the cargo disembarked before the repairs should be sold, tonnage dues must be paid.

IV. Within 48 hours after the arrival of a merchant-ship at Nagasaki the name of the ship and of its commander shall be sent in by the highest Netherlands officer at Desima, accompanied by the manifest and the burden of the ship in tons, on pain of punishment for the commander, as provided in Article XXII. At Hakodate the same shall be done by the commander within 24 hours. At Nagasaki the unloading can take place at once during the day; but at Hakodate the unloading must be after the manifest is presented, and in presence of Japanese officers appointed for the purpose. If a place for the examination of imported or exported goods should be provided also at Nagasaki, negotiations shall take place thereon, and the necessary regulations shall be established.

V. The number of merchant ships is unlimited. There is no limitations of the trade to a certain sum of money. In case goods brought in are not brought in are not bought by the Japanese, or that there is deficiency of goods for return, then they remain unsold. In case the goods brought in are bought, but there is a deficiency of goods for return, then payment shall be made in foreign gold and silver coin, whenever there is any in the Treasury, more or less in quantity.

VI. A duty of 35 per cent. shall be levied on the produce of all merchandize sold at public sale or by private contract; but this levy is not applicable in regard to goods which are disposed of to the Treasury. Duties upon importation, transit, and exportation shall be fixed by negotiation from time to time. Until then, the present levy continues.

VII. After inspection of the goods for sale, the sales take place at the Treasury, which receives and takes care of the purchase money unless goods are received in payment by the sellers. If the buyers who have purchased at the public sales fail to pay the purchase money, it shall be made good by the Treasury. But if the purchase money of goods sold privately, be not paid, it is not made good by the Treasury. The Netherlands merchants shall be at liberty to have such public sales held as often as they think fit, without limitation of the number of merchants who are admitted thereto.

VIII. Whenever any goods are brought for sale, but remain unsold, and these are kept at Desima, to be again offered for sale, the proceedings shall be always according to the foregoing Article. The goods may also be sold privately.

But all articles bought privately by the Japanese must be paid for in hard cash at the Treasury. Direct returns must not be given for them by the Japanese buyers. In case a list of goods privately sold to the Japanese, be presented through the highest Netherlands officer at Desima, to the Treasury with a statement of the purchase money, then the goods shall be delivered to the buyers, upon production of a proof of payment at the Treasury.

IX. Not only the appointed purveyors, but all merchants may come to Desima to treat concerning the buying and selling goods. At Hakodate a place (commercial house or bazaar) shall be appointed for the purpose.

X. In case the Japanese merchants have bought goods privately, and these have been delivered by the Netherlands merchant before the purchase money has been paid at the Treasury, and thereupon difficulties arise; if the goods should have disappeared or the buyers have fled, or also, if agreements for commission cause difficulties, the matter shall be inquired into as far as possible; but the Treasury shall not be answerable for the damage. After the delivery and reception of goods, complaint can no longer be made respecting the quality, the weight, and the measure of the goods bought or sold.

XI. If a Netharlander buy goods of a Japanese he shall pay for them in notes which are to be issued by the Treasury. These notes shall be immediately paid by the Treasury to the Japanese holders in Japanese coin. All the expenses of Desima, the hire of towing vessels, & c., shall be paid for with money kept by the Treasury.

XII. The Netherlanders may also pay in foreign gold and silver coin. In case the Japanese should wish to receive foreign gold and silver coin, they shall arrange thereupon with the Netherlanders. All foreign gold and silver coin must, however, be taken only to the Treasury.

The silver Spanish dollar, or pillar dollar, is reckoned at the value of ƒ. 2.50 (2 guldens 50 cents). The silver Mexican dollar at the value of ƒ 2.55 (2 guldens 55 cents).

XIII. Munitions of war in general may be delivered to the Japanese Government, but not to the merchants.

If amongst goods brought to Japan for the first time, articles should be found, which the merchants are forbidden to deliver in Japan, the matter shall be officially arranged.

XIV. The introduction of opium into Japan is forbidden.

XV. Gold and silver must not be bought by the Netherlanders, but this does not apply to gilt articles, nor to manufactured gold and silver. Japanese coin must not be exported. If there should be any other articles, the exportation of which cannot be allowed, official communications and decisions shall take place thereon in each case.

XVI. Rice, barley, wheat, ‘daitz’ (daidzu), ‘schoods’ (shodzu), coals, paper – ‘mino’ an paper – ‘hansi’, books, amps, brasswork, shall only be delivered by the Treasury. But this restriction has no application to articles bought for personal use of the purveyors or in the town. Books and maps which have been printed, or written, or sold without the permission of the Japanese Government must not be exported.

XVII. Copper, sabres and appurtenances, ‘Jamatonisiki’ (a certain silk stuff), armour, fire-arms, bows with appurtenances, harness and other warlike apparatus, must not be delivered by the Japanese merchants. But upon a contract for the delivery of goods to the Japanese Governement, it may be agreed to make them serve in part payment. If there should be other forbidden articles, they shall be treated in the same way, according to official arrangement.

XVIII. All the goods sold by the Japanese are to be delivered at prices agreed upon in each case, and not at fixed prices.

On the failure of the harvest, the Japanese Government shall have the power of forbidding, for a time, the exportation of any provisions. The exportation of wax and paper may also be temporarily forbidden upon occasion of any disaster.

XIX. During the stay of the merchant-ships at Hakodate, all ships’ paper shall be delivered into the keeping of the Government there. At Nagasaki they are to be given into the keeping of the highest Netherlands officer in Desima. In both ports Japanese guard-ships shall be placed near the merchants vessels, to prevent smuggling. The number of these vessels may be increased or diminished, according to circumstances. The Netherlanders pay nothing for these.

XX. As the boats for loading and unloading are hired privately, the goods which may be lost thereby are not to be made good by the Treasury. But the matter shall be inquired into, as far as possible, on the Japanese side.

XXI. If on the arrival of a merchant-ship a false manifest should be delivered, the highest Netherlands officer shall inquire into the matter, and impose a penalty on the commander to the amount of 500 silver dollars for the Treasury.

XXII. If on the arrival at Hakodate no manifest is delivered within 24 hours, the commander shall pay to the Treasury a penalty of 50 silver dollars for every day’s neglect; but in no case shall this penalty amount to more than 200 silver dollars. If unloading take place at Hakodate before the manifest has been delivered, the goods unloaded shall be declared forfeited, and the commander shall pay a penalty of 500 silver dollars to the Treasury.

XXIII. Nothing belonging to the cargo shall be transferred from one ship to another lying in the port, whether the ships be native or foreign, without the previous permission of the Government and in the presence of the appointed Japanese officers. Cargo transferred from ship to ship without this permission shall be declared forfeited to the Treasury.

XXIV. If smuggling should be carried on in the open ports, the Japanese smugglers shall be punished according to the Japanese law. The Netherlands smugglers hall be subject to the forfeiture of the goods smuggled in or out when legally seized. If smuggling should be carried on along the Japanese coasts, the boat and the cargo shall be declared forfeited. The highest Netherlands officer residing in Japan shall, after examination, make no difficulty in regard to these matters.

XXV. No Japanese may stay on board a Netherlands ship without the knowledge of the Government. If a Japanese goes on board a Netherlands ship of his own accord, or without consent, he shall be taken up and delivered to the Japanese officers.

XXVI. The highest Netherlands officer at Desima shall not allow any Netherlands merchant-ship to depart before all accounts are settled. At Hakodate, the goods bought there by the Netherlanders must not be all loaded before they have been entirely paid for, or goods have been delivered for them.

XXVII. Goods smuggled in or out through the landgate of Desima (not agreeing with the permit) shall, when legally seized, be declared forfeited.

XXVIII. Goods for private use, given by a Netherlander to a Japanese, can only be taken out at the gate, on a permit granted by the highest Netherlands officer at Desima.

XXIX. On the arrival of ships of any nation which has already entered into a Treaty with Japan, there shall be free personal intercourse between the Netherlanders and the persons coming on board such ships, both in the ships and at Desima. Due care shall be taken herein, that it may appear to the officer on guard, upon examination, to what nation the ships belong.

XXX. The Netherlanders shall not, unless invited to do so, enter batteries, Government buildings, houses or other places having a door. Temples, tea and resting houses, & c., are expected. The prohibition of this Article is not applicable when the highest Netherlands officer residing in Japan wishes to visit the Government respecting matters of business.

XXXI. For payments in resting or tea houses and in temples, and for what is bought in the shops for private use, and for carriage hire, payment shall be made in notes to be issued by the Treasury.

XXXII. The boundaries for the excursions of the Netherlanders at Nagasaki are shown upon the accompanying map. At Hakodate the boundary is fixed at five Japanese miles. If a Netherlander has exceeded these bounds without the consent of the Government, upon receiving notice from those present, he shall go back. If he does not attend to such a notice, he shall, without respect of person, be taken up and delivered to the highest Netherlands officer.

XXXIII. The Netherlanders are at liberty to practice their own or the Christian religion within their buildings and at the burying-places appointed for them.

XXXIV. Letters from the Netherlands Government to that of Japan shall be delivered by the highest Netherlands officer to the Governor of Nagasaki, or in his absence to the highest Japanese officer present there, in order that they may be sent on.

Vice versa letters from the Japanese Government to that of the Netherlands shall be delivered by the Governor of Nagasaki to the highest Netherlands officer at Desima in order to be sent on. Autograph letters from His Majesty the King of the Netherlands to His Majesty the Emperor of Japan, or from His Majesty the Emperor of Japan to His Majesty the King of the Netherlands shall be transmitted in the same way.

XXXV. In case Netherlanders should wish to learn the Japanese language or the other Japanese sciences and arts, then, at the request of the highest Netherlands officer at Desima, teachers shall be chosen and sent by the Japanese Government to give instructions therein at Desima in the day time.

XXXVI. In case disputes or disagreements should arise between the foreigners who arrive, they shall be settled without the interference of the Japanese Government.

XXXVII. If such should be the case between Netherlanders and Japanese, or if fighting, wounding, robbery, incendiarism, should take place between them, the matters shall be examined into, and if possible settled by officers on both sides. And such occurrences shall not of themselves interfere with the mutual friendship of the two States.

XXXVIII. All matters on the part of the Netherlands shall, in the absence of the highest Netherlands officer at Desima, be managed by the Netherlands officer immediately next to him in rank.

XXXIX. All rights that are or shall be granted to other foreign nations shall at the same time be immediately extended to the Netherlands. As for the rest, the local regulations shall be observed.

XL. The stipulations of the Treaty which are not altered hereby, and all other stipulations not annulled hereby, remain as at present. At Hakodate, things shall be managed as nearly as possible in the manner provided in these Articles.

If any alteration or explanation should appear to be necessary in regard to some stipulations or subjects, they shall be settled by negotiation.

The foregoing Articles shall be looked upon as forming part of the above-mentioned Treaty between the Netherlands and Japan of the 30th January, 1856, and they shall have the same force as if they had been inserted word for word therein.

These Additional Articles shall be submitted for the ratification of His Majesty the King of the Netherlands and of His Majesty the Emperor of Japan, and the ratifications drawn up according to the provisions of Article XXVIII of the Treaty, shall be exchanged at Nagasaki within one year from the date hereof.

In witness whereof we, the Plenipotentiaries on both sides, Master Jan Hendrik Donker Curtius, Netherlands Commissioner in Japan, Knight, & c.; and Midsoeno Tsikoegono Kami, Finance Governor and Governor of Nagasaki, Alao Iwamino Kami, Governor of Nagasaki, Iwase Igano Kami, Imperial Superintendent, have signed these presents and set our seals hereto. Done in duplicate in the town of Nagasaki on the 16th October, 1857.

(L.S.) J.H. Donker Curtius. 

Source:

Gubbins, J.H. The Progress of Japan, 1853 - 1871. Oxford: Clarendon Press, 1911. 

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