In 1858, First American Consul to Japan, Townsend Harris negotiated a treaty of amity and commerce with the Japanese Bakufu. Months of intense negotiations resulted to what became known as the Harris Treaty signed on July 29, 1858. Explore its contents bellow.
Treaty
of Amity and Commerce, Between the United States and Japan
Signed
at Yedo, July 29, 1858
[Ratification exchanged at Washington, May 22, 1860.]
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 Ino-ooye (Inouye), Prince of Sinano, and Iwasay (Iwase), Prince of
Hego (Higo); after having communicated to each other their respective full
powers, and found them to be in good and due form, have agree upon and
concluded the following Articles:
Art.
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 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.
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.
III.
In addition to the ports of Simoda and Hakodade, 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; Nagasaki, on the 4th of July, 1859;
Nee-e-gata, on the 1st of January, 1860; Hiogo, on the 1st January, 1863.
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 building thereon, and may erect dwelling and
warehouses. But no fortification or place of military strength shall be erected
under pretence (pretense) of building
dwelling 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, Americans shall be allowed to reside in the city of
Yedo; and from the 1st of Osaca, for the purposes of trade only. In each of
these two cities suitable place within which they may hire houses, and the
distance they may go, shall 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 ratification 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.
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 the 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, Hakodade, and
Nagasaki, and stored in warehouses, in the custody of an officer of the
American Government, without the 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 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 the 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.
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 weights being given and no discount taken for
re-coinage. Coins of all description (with the exception of Japanese copper
coin), may be exported from Japan, and foreign gold and silver uncoined.
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 offences 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 (nor) Japanese Governments are to be held responsible for the
payment of any debts contracted by their respective citizens or subjects.
VII.
In the opened harbours of Japan, Americans shall be free to go where they
please, within the following limits:
At
Kanagawa, the River Logo (Rokugo) (which empties into the Bay of Yedo between
Kawasaki and Sinagawa), and 10 ri in any other direction.
At
Hakodade, 10 ri in any direction.
At
Hiogo, 10 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 Gyoso (Gyosho), or the town hall,
of each of the foregoing harbours, the ri being equal 4,272 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
misdemeanours, shall not go more than one Japanese ri inland from the places of
their respective residences, and all persons so convicted shall lose their
right of permanent residences 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.
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 or 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.
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.
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, artisans 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.
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.
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.
XIII.
After the 4th of July, 1872, upon the desire 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.
XIV. This Treaty shall go into effect on the 4th of July, 1859, 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 signatures of such of his high
officers as he may direct.
This
Treaty is executed in quadruplicate, each copy being written in the Enlish,
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 29th day of July, in the year of our
Lord 1858, and of the Independence of the United States of America the 83rd,
corresponding to the Japanese era, the 19th day of the 6th month of the 5th
year of Ansei.
(L.S.) Townsend Harris
Source:
Gubbins, J.H. The Progress of Japan, 1853 - 1871. Oxford: Clarendon Press, 1911.
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