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.
Explore also:
The Bakumatsu (Part 1): Opening of Japan
The Bakumatsu (Part 1): Opening of Japan
No comments:
Post a Comment