Wednesday, July 13, 2016

Documents in History: Supplementary Treaty of Commerce and Navigation between Russia and Japan

Admiral YevfimyPutyatin
The Treaty of Shimoda opened Japan for Russia, but in 1857, the Russians expanded their relations with the Japanese with a supplementary treaty.

Supplementary Treaty of Commerce and Navigation Between Russia and Japan
Signed at Nagasaki, October 12/24, 1857

In addition to the Treaty concluded between Russia and Japan at Shimoda, on the 26th January, 1855, or of Ansey (ansei) the first year, 21st day of the 12th month, the undersigned Count Euphinicus Poutiatine, Vice-Admiral and Aide-de-Camp, General of His Majesty the Emperor of all the Russias, and their Excellencies Midzno-Tsikogono-Kami (Mizuno Chikugo no Kami), Controller and First Governor of Nagasaki, Alao-Iwamino-Kami (Arao Iwami no Kami), Second Governor of Nagasaki, and Twase-Igano-Kami, Imperial Commissioner, came to an agreement, and have stipulated the following Articles:

Art. I. In order to establish commerce and friendly intercourse between Russia and Japan on a more solid foundation, new regulations are hereby enacted for the guidance of the Russians and Japanese in the ports of Hakodate and Nagasaki.

As to the Port of Simoda, it being an unsafe harbor, the former stipulations alone will there remain in force. The new regulations will then be applicable, when it is finally decided that Simoda, or some safer port, is to be opened for foreign trade.

II. In future the number of ships, or the amount of money employed in trade will not be limited, and all commercial transactions will be done by the mutual consent of both parties.

III. When a Russian merchant vessel arrives in one of the above-mentioned ports, the captain and supercargo is bound to present through the Russian Consul, or where there is not one, to deliver himself to the local authorities, a declaration comprising the name of the ship, its tonnage, the name of the captain and supercargo, as well as the sort and quantity of goods brought by him, such declaration is to be made during the first day or not later than 48 hours; in that space the captain is bound to pay anchorage money, consisting of 5 mace or 42 copecks for each ton, if the vessel is above 150 tons, and 1 mace or 9 copecks for every ton, if the vessel is 150 tons, or of a smaller size.

The anchorage money is to be paid even when a vessel has entered the port not for the purposes of trade, but has been staying in it longer than 48 hours.

No anchorage money is levied from a vessel coming for repairs except its cargo, or a part of it, has been discharged on land, or into another ship.

The Custom-House having received the anchorage money is bound to give a receipt, and to allow at the same time the unloading of the ship.

IV. If the captain of a merchantman does not present a declaration during the first 48 hours after his arrival in port, he will have to pay a penalty of 65 roubles 50 copecks for each day, which is not to exceed 266 roubles.

In case of a false declaration, the captain will be fined 655 roubles, and for unloading the cargo without licence, besides the aforesaid penalty, his goods will be confiscated.

V. Russian vessels having paid the anchorage money on their arrival in the first Japanese port, can go into other ports, without further payment, if they only produce the receipt given them at the first port.

It is understood that this rule does not apply to vessels, which during their voyage enter and take new cargoes in ports of other nations.

VI. Boats employed in towing vessels, loading, or discharging goods, and all sorts of workmen are to be hired from the number appointed for that purpose by the local Japanese authorities. These boats, as well as all others, are to land at fixed places and wharfs.

VII. The goods purchased by Japanese from Russian merchant vessels, as well as those that are sent in return, are to be transmitted through the Custom-House. Besides this transmission the Custom-House is not to interfere in any commercial transaction between Japanese and Russian merchants.

VIII. In default of Japanese goods to be exchanged in return for a Russian cargo sold in Japan, the Custom-House will pay for it in silver, or gold foreign coin, according to the fixed rate of exchange.

IX. The existing duty of 35 per cent. will be levied on the sums realized for goods sold by public sale or private transactions, till a tariff shall be enacted. For this purpose the Consul, or the captain of the merchant vessel is bound to signify at the Custom-House the payments agreed for the purchase of the Russian goods.

The above-mentioned duty does not apply to the goods purchased by the Custom-House.

The exposition of the goods and the public sale may be repeated as often as the Russian merchant desires, and the Custom-House cannot limit the number of Japanese merchants coming to that sale.

X. If the goods are sold at the public sale the Custom-House is answerable for their payment. In private transactions it does not take the responsibility on itself, but will examine and decide any complaints which may arise, together with the Consul.

After the goods have been once delivered, neither party can complain about the quality or value of the purchased goods.

XI. Goods bought by Russians in Japanese ships will be paid in paper money, delivered by the Custom-House, for which it is bound to give real coin to the Japanese merchants immediately on the presentation of the paper money. The Russians will make payment in the same way for the hiring boats, purchasing provisions and other objects, but the pay in Russian or foreign coin is only to be made through the Custom-House.

XII. In settling accounts for purchased goods and all sorts of objects, the value of the money will be defined by the comparative weight and quality of the Russian or foreign gold and silver, with the Japanese gold and silver itsebous, viz., gold with gold, and silver with silver, and after an exact appreciation of their value, a further sum of 6 per cent. will be allowed for the expenses of recoinage. The settlement of accounts may also be done by reckoning 1 Spanish dollar equal to 2 ½ Dutch florins, or 1 rouble 33 copecks, or 1 Mexican dollar to 2 Dutch florins 55 cents, or 1 rouble 35 copecks.

The weights, the measures of capacity and length will be compared and fixed in each of the opened ports by persons appointed for this purpose by both Governments.

XIII. All articles of war are not to be sold to private persons, but to the Government alone.

If in future the Japanese Government finds it necessary to stop the sale into private hands of some imported goods unknown to it, they will be purchased then on account of the Custom-House.

XIV. In case Russian vessels shall import opium in Japan, their cargoes will be confiscated and the guilty will be dealt with according to the Russian laws, strictly forbidding that pernicious trade.

XV. The exportation from Japan of gold and silver in coin or bars is prohibited, except gilt object or gold and silver manufactured wares.

Copper, all sorts of arms, harness, silk stuff, under the name of ‘Pamatonisiki’ (Yamatonashiki), can only be exchanged for objects purchased or ordered by the Japanese Government.

XVI. Rice, barley, wheat, red and white beans, coals, writing paper called ‘Mino’ and ‘Hanci’ (Hanshi), books, charts, and copper wares, can only be obtained by purchase from the Custom-House; but this prohibition does not apply to persons buying these objects for their own use, with the exception of prohibited books and charts.

In case of scarcity, the exportation of articles of food, vegetable wax, and paper may be stopped for a time.

XVII. To prevent smuggling, guard-boats may be stationed about merchant vessels by the local authorities, but the expenses on that account are not to be levied on Russian trade.

XVIII. For above-mentioned reason the crew of a merchantman and boats loaded with merchandise may be searched at the Custom-House, or at the place appointed as a depot for goods.

XIX. If any loss of goods or other objects belonging to the Russians shall ensue during the transportation in hired boats, a strict examination will be made and all means taken to recover what was lost, but in this case, as in all similar difficulties, the Custom-House, besides making inquiries, will not be responsible for any losses.

XX. The transshipment of goods from one Russian vessel to another or a foreign one, cannot be done without previous declaration to the Custom-House by the Consul or the captain of the vessel. The declaration must contain the sort and quantity of merchandise intended for the transshipment, and in such cases the Custom-House can send an officer on board to insure that no contraband should take place during the dischargement.

If the transshipment is done without license, the Custom-House will make it known to the Consul, and where there is not one, will itself stop and seize the transshipped goods.

XXI. When any Russian merhcantman is found smuggling in open ports, the goods alone will be confiscated, but if in other places of Japan, the vessel also will be seized.

This, however, must not be done before a previous examination and decision of the case shall be made by the Japanese authorities, together with the Russian Consul.

XXII. If a merchantman or any one belonging to the vessel, desire to make a present to a Japanese, they are to deliver with the donations a note certifying its being made by them.

XXIII. During the stay of a vessel in port, all the ship’s papers are to be kept at the Russian Consulate, and where there is none they are to be delivered to the local authorities.

The Consul or the authorities at the departure of the vessel will not give up the ship’s papers till all accounts are settled with the Custom-House and the Japanese merchants.

XXIV. Russian desiring to study the Japanese language or any of the Japanese arts, are bound to make their wishes known through the Consul or Captain to the local authorities, and proper persons will be appointed for the desired instruction.

XXV. All communications of the Russian Government with the Japanese, will be done through the highest person representing Russian authority in Japan, and by him transmitted to the local Governor. If from some circumstances, the communication or the letter is brought to a port where there is no Consul resident, it will be presented by the person to whom it was intrusted (entrusted) to the Governor of the place, and immediately sent by him to its destination. The answer may be forwarded to the port where the letter was delivered, if the vessel is awaiting it there, or may be sent through the Consul to forward it by the first opportunity to Russia.

XXVI. The rights of neutrals, acknowledged by all civilized nations, oblige two belligerent States not to attack the ships of their adversaries in neutral ports, it is understood that in case of war between Russia and another nation, the Russian ships will not attack their enemies lying in Japanese ports.

XXVII. Russians residing constantly or temporarily in Japan, have a right to bring their wives and families to live in that country.

XXVIII. If in future it may be found necessary to alter or add any Articles to this Treaty, each of the Governments has a right to demand a revision of it.

The ratification of this Supplementary Treaty will be exchanged in 8 months, or as circumstances will allow. The copies in Russian, Japanese, Dutch, and Chinese languages, signed and sealed by those who have concluded this Treaty, will be now exchanged, and all the Articles are binding from the date of the signature and will observed by the Contracting Parties faithfully and inviolably.

Done and signed at Nagasaki the 12/24th October, in the year of our Lord, 1857, and the 3rd of the reign of His Majesty Alexander II, Emperor of All the Russias, or of Ansey, the 4th year, 7th day of the 9th moon.

(L.S.) C. E. Poutiatine
(L.S.) Midyno-Tsikogono-Kami
(L.S.) Alao-Twamino-Kami
(L.S.) Twase-Igano-Kami

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

No comments:

Post a Comment