Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873
No. 13.
Mr. Jay to Mr. Fish.
Vienna, September 3, 1872. (Received September 18.)
Sir: I herewith inclose the Official Gazette of this morning, containing, in an English and German version, the new treaty of friendship, commerce, and navigation between the Austro-Hungarian Empire and Japan, and the accompanying regulations under which the trade of the Austro-Hungarian monarchy is to be conducted in Japan.
I have, &c.,
Treaty between Austria-Hungary and Japan.
[English version.]
His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, on the one part, and His Majesty the Emperor of Japan, on the other part, being desirous to place the relations between the two Empires on a permanent and friendly footing, and to facilitate the commercial intercourse between their respective subjects, have resolved to enter into a treaty of friendship, commerce, and navigation, and have for that purpose appointed as their plenipotentiaries, that is to say, His Imperial and Royal Apostolic Majesty, the Rear-Admiral Baron Anthony Petz, minister plenipotentiary and envoy in extraordinary mission, Knight of the Military Order of Maria Theresa, &c., &c., &c.; His Majesty the Emperor of Japan, Sawa Kiyowara no Ason Nobuyoshi, principal minister for foreign affairs, invested with the second degree of the third rank, and Terashima Fujiwara no Ason Munenori, assistant minister for foreign affairs, invested with the second degree of the fourth rank, who, after having communicated to each other their respective full powers, and found them to be in due and proper form/have agreed upon the following articles:
[Page 51]Art. 1. There shall be perpetual peace and friendship between the high contracting powers and their respective subjects.
Art. 2. His Imperial and Royal Apostolic Majesty shall have the right to appoint a diplomatic agent, a consul general, and for every port or town in Japan open to foreign trade a consul, vice consul, or consular agent. These officials shall have the same privileges and rights as those of the most favored nation.
The diplomatic agent appointed by His Imperial and Royal Apostolic Majesty, as well as the consul general, shall have the right to travel freely in any part of the Japanese Empire.
Likewise those imperial and royal consular officers who are intrusted with judicial powers shall have the right, whenever an Austro-Hungarian ship is wrecked, or an attack is made upon the life and property of an Austro-Hungarian citizen within the limits of their jurisdiction, to proceed to the spot in order to collect such evidence as may be necessary. But in every such case the imperial and royal consular officers shall inform the Japanese local authorities, in writing, of the object of their journey and the place to which they intend to proceed, and shall undertake this journey only in the company of a high Japanese officer, to be appointed by the Japanese authorities.
His Majesty the Emperor of Japan may appoint a diplomatic agent at the Court of Vienna and consular officers at any port or town of the Austro-Hungarian monarchy where consular officers of any other power are admitted to reside.
The diplomatic agent and the consular officers of Japan shall, under the condition of reciprocity, enjoy in the territory of the Austro-Hungarian Empire the same rights, privileges, and immunities which those of any other power now enjoy or may hereafter enjoy
Art. 3. The ports and towns of Yokohama, (in the district of Kanawaga,) Hiogo, Osaka, Nagasaki. Niigata, Ebisuminato, on the island of Sado, Hakodate, and the city of Tokei, (Yedo,) shall, from the day on which this treaty comes into operation, be opened to the citizens of the Austro-Hungarian monarchy and to their trade.
In the above ports and towns Austro-Hungarian citizens may permanently reside; they shall have the right therein to lease land, to purchase houses, and to erect dwellings and warehouses.
The place where Austro-Hungarian citizens shall reside, and where they shall erect their buildings, shall be determined on by the imperial and royal consular officers in conjunction with the competent local authorities. The harbor regulations shall be arranged in a similar manner.
If the imperial and royal consular officer and the Japanese authorities cannot agree, the matter shall be submitted to the diplomatic agent and the Japanese government.
No wall, fence, or gate shall be erected by the Japanese around the place where Austro-Hungarian citizens reside, and nothing shall be done there which may prevent free egress or ingress.
Austro-Hungarian citizens shall be free to go where they please within the following limits:
At Yokohama (in the district of Kahagawa) to the river Rokugo and ten ri in any other direction.
At Hiogo in the direction of Kioto as far as ten ri from that city, and ten ri in any other direction.
At Osaka, on the south, from the mouth of the Yamatogawa to Funabashimura, and from the latter place within the limits of a line drawn from there through Kiokojimura to Sada. The town of Sakai lies outside these limits, but Austro-Hungarian citizens shall be allowed to visit it.
At Nagasaki into any part of the Nagasaki district.
At Niigata and Hakodate ten in any direction.
At Ebisuminato throughout the whole island of Sado.
At Tokei (Yedo) within the following boundaries: From the mouth of the Shintonegawa to Kanamashi, and from there along the high-road to Mito as far as Senji; from there, along the river Sumida, as far as Furuyakamigo, and thence through Omuro, Takakura, Koyata, Ogiwara, Miyadera, Mitsugi, and Tanaka to the ferry of Hino on the river Rokugo.
The distances of ten ri shall be measured by land from the sahibansh, or town-hall, of each of the above-mentioned places. One ri is equal to 12,367 feet Austrian measure, 4,275 yards English measure, 3,910 meters French measure.
Austro-Hungarian citizens who transgress these limits shall be liable to a fine of one hundred Mexican dollars for the first offense, and for a second offense to a fine of two hundred and fifty Mexican dollars.
Art. 4. Austro-Hungarian citizens residing in Japan shall be allowed the free exercise of their religion, and for this purpose they shall have the right to erect within the limits of their settlement suitable places of worship.
Art. 5. All questions in regard to rights, whether of property or of person, arising between Austro-Hungarian citizens residing in Japan, shall be subject to the jurisdiction of the imperial and royal authorities. In like manner the Japanese authorities [Page 52] shall not interfere in any question which may arise between Austro-Hungarian citizens and the subjects of any other treaty power.
If an Austro-Hungarian citizen has a complaint or grievance against a Japanese subject, the case shall be decided by the Japanese authorities.
If, on the contrary, a Japanese has a complaint or grievance against a citizen of the said monarchy, the case shall be decided by the imperial and royal authorities.
Should any Japanese subject fail to discharge debts incurred to an Austro-Hungarian citizen, or should he fraudulently abscond, the competent Japanese authorities will do their utmost to bring him to justice and to enforce recovery of the debts. And should any Austro-Hungarian citizen fraudulently abscond, or fail to discharge debts incurred by him to a Japanese subject, the imperial and royal authorities will do their utmost to bring him to justice and to enforce recovery of the debts.
Neither the Austro-Hungarian nor the Japanese authorities shall be held responsible for the payment of any debts contracted by Austro-Hungarian or Japanese subjects.
Art. 6. Austro-Hungarian citizens who may commit any crime against Japanese subjects, or against the subjects of any other nation, shall be brought before the imperial and royal consular officer and punished according to the laws of their country.
Japanese subjects who may commit any crime against Austro-Hungarian citizens shall be brought before the Japanese authorities, and punished according to Japanese laws.
Art. 7. Any case involving a penalty or confiscation by reason of any breach of this treaty, the trade-regulations, or the tariff annexed thereto, shall be brought before the imperial and royal consular authorities for decision. Every penalty enforced or confiscation made by these authorities shall belong to and be appropriated by the Japanese government.
Goods which are seized shall be put under the seals of both the Japanese and the consular authorities, and shall be kept in the godowns of the custom-house until the imperial and royal consul shall have given his decision.
If this decision is in favor of the owner or consignee of the goods, they shall be immediately placed at the disposal of the consul; but should the Japanese government wish to appeal against the decision of the consul, the owner or consignee of the goods shall be bound to deposit their value at the imperial and royal consulate until the final decision has been pronounced.
Should the seized goods be of a perishable nature, they shall be handed over to the owner or consignee, even before the final decision be given, on his lodging the amount of their value at the imperial and royal consulate.
Art. 8. At each of the ports open or to be opened to trade, Austro-Hungarian citizens shall be at full liberty to import from their own or any other ports, and sell there and purchase therein, and export to their own or to any other ports, all manner of merchandise not contraband, paying the duties thereon as laid down in the tariff annexed to this treaty, and no other charges whatsoever.
In estimating ad valorem duties, if the custom-house officers are dissatisfied with the value placed by a merchant on any of his goods, they may themselves place a value thereon, and offer to take the goods at that valuation. If the owner refuses this offer, he shall pay the duty on the valuation which the Japanese custom-house officers have made. If, on the contrary, the owner accepts the offer, the custom-house valuation shall be paid to him without delay, and without any abatement or discount.
Art. 9. Austro-Hungarian citizens having imported merchandise into one of the open ports of Japan, and having paid the” duty due thereon, shall be entitled to demand from the Japanese custom-house authorities a certificate, stating that such payment has been made, and shall be at liberty by virtue of this certificate to re-export the same merchandise and land it in any other of the open ports without the payment of any additional duty whatever.
Art. 10. The Japanese government engages to erect in all the open ports warehouses in which imported goods may be stored on the application of the importer or owner without payment of duty.
The Japanese government will be responsible for the safe custody of these goods so long as they remain in their charge, and during such time will adopt all the precautions necessary to render the said goods insurable against fire. When the owner or importer wishes to remove the goods from the said warehouses, he must pay the duties fixed by the tariff annexed to this treaty; but if he should wish to re-export them, he may do so without payment of duty.
Storage charges must be paid, in any case, on delivery of the goods. The amount of these charges, as well as the regulations necessary for the management of the said warehouses, will be established by common consent of the high contracting parties.
Art. 11. Citizens of the Austro-Hungarian Empire shall be at liberty to ship all kinds of Japanese produce bought in one of the open ports in Japan to another open port in Japan without the payment of any duty.
When Japanese products are shipped by an Austro-Hungarian citizen from one of the open ports to another, the said citizen shall deposit at the custom-house the amount of [Page 53] duty which would have to be paid if the same goods were exported to foreign countries. This amount shall he returned by the Japanese authorities to the said citizen immediately, and without any objection on their part, upon the production within six months of a certificate from the custom-house authorities at the port of destination stating that the same goods have been landed there.
In the case of goods the export of which to foreign ports is absolutely prohibited, the shipper must deposit at the custom-house a written declaration, binding himself to pay to the Japanese authorities the full value of the said goods in case he should fail to produce the aforesaid certificate within the above-mentioned time.
Should a vessel bound from one of the open ports to another be lost on the voyage, proof of the loss shall take the place of the custom-house certificate, and a term of one year shall be allowed to the Austro-Hungarian citizen to furnish this proof.
Art. 12. All goods imported by citizens of the Austro-Hungarian monarchy into one of the open ports in Japan, on which the duties stipulated by the present treaty have been paid, may—whether they are in the possession of Austro-Hungarian citizens or of Japanese subjects—be transported by the owners into any part of the Japanese Empire without the payment of any tax or transit duty whatever.
All articles of Japanese production may be conveyed by Japanese subjects from any place in Japan to any of the open ports without being liable to any tax or transit duty, with the exception of such tolls as are levied equally on all traders for the maintenance of roads or navigation.
Art. 13. Austro-Hungarian citizens shall be at liberty to buy from Japanese and sell to them all articles, without the intervention of any Japanese officer, either in such purchase or sale or in making or receiving payment for the same.
All Japanese shall be at liberty to buy any articles from Austro-Hungarian citizens, either within the limits of the Austro-Hungarian Empire or in the open ports of Japan, without the intervention of any Japanese officer; and they may either keep and use the articles, which they have thus bought, or resell them. In their commercial transactions with Austro-Hungarian citizens the Japanese shall not be subject to higher taxation than that usually paid by them in their transactions with each other.
Likewise all Japanese subjects may, on condition of observing the laws, visit the Austro-Hungarian Empire as well as the open ports of Japan, and there transact business with citizens of the said Empire freely and without the intervention of Japanese officers; provided, always, they submit to the existing police regulations and pay the established duties.
All Japanese subjects may ship goods of Japanese or foreign origin to, from, or between the open ports in Japan, or from or to foreign ports, either in vessels owned by Japanese or by citizens of the Austro-Hungarian monarchy.
Art. 14. The regulations of trade and the tariff annexed to this treaty shall be considered as forming a part of the treaty, and therefore as binding on the high contracting parties.
The diplomatic agent of the Austro-Hungarian monarchy in Japan, in conjunction and by mutual agreement with such officers as the Japanese government may designate for this purpose, shall have power to make for all ports open to trade such rules as are necessary to carry out the provisions of the annexed regulations of trade.
The Japanese authorities will adopt at each port such measures as they may judge most proper to prevent fraud and smuggling.
Art. 15. The Japanese government will not prevent citizens of the Austro-Hungarian monarchy residing in Japan from taking Japanese into their service as interpreters, teachers, servants, &c., or from employing them in any way not forbidden by law; provided, always, that in case such Japanese shall commit a crime, he shall be subject to Japanese law.
Japanese shall also be at liberty to take service in any capacity on board of ships belonging to the Austro-Hungarian monarchy.
Japanese in the service of Austro-Hungarian citizens shall, on application to the local authorities, obtain permission to accompany their employers abroad.
Furthermore, all Japanese, on being provided with regular passports from their authorities, according to the proclamation of the Japanese government, dated the 23d of May, 1866, may travel to the Austro-Hungarian Empire for purposes of study or trade.
Art. 16. The Japanese government engage to improve immediately the manufacture of Japanese coin. The Japanese principal mint, as well as the special offices to be organized at all the open ports, will then receive from foreigners and Japanese, without distinction of rank, foreign coins of all kinds as well as silver and gold bullion, and will exchange the same for Japanese coin of the same intrinsic value, deducting a certain charge for coinage, the amount of which will be fixed by consent of the high contracting powers.
Citizens of the Austro-Hungarian monarchy and Japanese subjects may freely use foreign or Japanese coin in making payments to each other.
[Page 54]Coins of all description, (with the exception of Japanese copper coin,) as well as foreign bullion in gold and silver, may be exported from Japan.
Art. 17. The Japanese government will provide all ports open to the trade of Austro-Hungarian citizens with such light-houses, lights, buoys, and beacons as may be necessary to facilitate and render secure the navigation of the approaches to the said ports.
Art. 18. If any vessel of the Austro-Hungarian monarchy be wrecked or stranded on the coasts of Japan, or be compelled to take refuge in any Japanese port, the competent Japanese authorities, on being apprised of the fact, shall immediately render to the vessel all the assistance in their power. The persons on board shall receive friendly treatment and be furnished, if necessary, with the means of conveyance to the nearest Austro-Hungarian consular station.
Art. 19. Supplies of all kinds for the use of the Austro-Hungarian navy may be landed at the open ports of Japan, and stored in warehouses in the custody of Austro-Hungarian officers, without the payment of any duty. But if any such supplies are sold to foreigners or Japanese, the purchasers shall pay the proper duty to the Japanese authorities.
Art. 20. It is hereby expressly stipulated, that the Austro-Hungarian government, and the citizens of the Austro-Hungarian monarchy, shall, from the day on which this treaty comes into operation, participate in all privileges, immunities, and advantages which have been granted or may be hereafter granted by His Majesty the Emperor of Japan to the government or subjects of any other nation.
Art. 21. It is agreed that either of the high contracting parties may demand a revision of this treaty, of the trade regulations and the tariff annexed thereto, on and after the 1st of July, 1872, with a view to the insertion therein of such modifications or amendments as experience shall prove to be expedient. It is necessary, however, that one year’s notice must be given before such revision can be claimed.
In case, however, His Majesty the Emperor of Japan should desire the revision of all the treaties before the above-mentioned date, and obtain thereto the consent of all the of her treaty powers, the Austro-Hungarian government will also join, at the request of the Japanese government, in the negotiations relating to the same.
Art. 22. All official communications addressed by the imperial and royal diplomatic agent or consular officers to the Japanese authorities, shall be written in the German language.
In order, however, to facilitate the transaction of business, these communications will, for a period of three years from the date on which this treaty comes into operation, be accompanied by an English or Japanese translation.
Art. 23. The present treaty is written in seven copies, viz: two in the Japanese, three in the English, and two in the German language. All these versions have the same meaning and intention, but in case of dispute the English text shall be considered as the original one.
Art. 24. The present treaty shall be ratified by His Majesty the Emperor of Austria and Apostolic King of Hungary and His Majesty the Emperor of Japan under their hands and seals, and the ratifications shall be exchanged within twelve months from this date, or sooner if possible.
It is also agreed, that this treaty shall come into operation from the present date.
In token whereof the respective plenipotentiaries have signed and sealed this treaty.
- SAWA KIYOWARA NO ASON NOBUYOSHI,
- TERASHIMA FUJIWARA NO ASON MUNENORI.
- BARON VON PETZ, Rear-Admiral.
Regulations under which the trade of the Austro-Hungarian monarchy is to be conducted in Japan.
Regulation I.
Within forty-eight hours (Sunday excepted) after the arrival of an Austro-Hungarian ship in Japanese port, the captain or commander shall exhibit to the Japanese customhouse authorities the receipt of the imperial and royal consul, showing that he has deposited all the ship’s papers, the ship’s bills of lading, &c., at the imperial and royal 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 paper shall be certified by the captain or commander [Page 55] to be a true statement and shall be sighed 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 bills 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 hours (Sunday excepted) without the payment of any fees, but for any alteration or post-entry to the manifest, made after that time, a fee of $15 shall be paid.
All goods not entered on the manifest shall, besides the duty, pay a fine equal in amount to that duty.
Any captain or commander who shall neglect to enter his vessel at the Japanese custom-house within the time prescribed by this regulation shall pay a penalty of $60 for each day that he shall so neglect to enter his ship.
Regulation II.
The Japanese government shall have the right to place custom-house officers on board of any ship in their ports, (men-of-war excepted.) The custom-house officers shall be treated with civility, and such reasonable accommodation as the ship affords shall be allotted to them.
No goods shall be unladen from any ship between 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 sunset and sunrise by fixing seals, locks, or other fastenings; and if any person shall, without due permission, open any entrance so secured, or break open or take off 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 sixty dollars for each offense.
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 intent to defraud the revenue of Japan, by concealing therein articles of value which are not set forth in the invoice, shall be forfeited.
If any Austro-Hungarian ship shall smuggle or attempt to smuggle goods at any of the non-opened harbors of Japan, all such goods shall be forfeited to the Japanese government, and the ship shall pay a fine of one thousand dollars for each offense of this kind.
Vessels needing repairs may land their cargo for that purpose without the payment of duty. All goods so landed shall remain in charge of the Japanese authorities, and all just charges for storage, labor, and supervision shall be paid thereon. But if any portion of such cargo be sold, the regular duties shall be paid on the portion so disposed of.
Cargo may be transshipped to another vessel in the same harbor without payment of duty, but all transshipment shall be made under the supervision of Japanese officers, and after satisfactory proof has been given to the custom-house authorities of the bona fide nature of the transaction, and also under a permit to be granted for that purpose by such authorities. A fine of sixty dollars shall be paid for any infraction of this rule.
The Importation of opium being prohibited, any Austro-Hungarian vessel coming to Japan for the purpose of trade, and having more than three catties’ weight of opium on board, the surplus quantity may be seized and destroyed by the Japanese authorities; and any person or persons smuggling or attempting to smuggle opium, shall be liable to pay a fine of fifteen dollars for each catty of opium so smuggled or attempted to be smuggled.
Regulation III.
The owner or consignee of any goods who desires to land them, shall make an entry of the same at the Japanese custom-house. The entry shall be in writing, and shall set forth the name of the person making the entry and the name of the ship in which the goods were imported, and the marks, numbers, packages, and the contents thereof, with the value of each package extended separately in one amount: and at the bottom of the entry shall be placed the aggregate value of all the goods contained in the entry. On each entry the owner or consignee shall certify, in writing, that the entry then presented exhibits the actual cost of the goods and that nothing has been concealed whereby the customs of Japan would be defrauded, and the owner or consignee shall sign his name to such certificate.
The original invoice or invoices of the goods, so entered, shall be presented to the [Page 56] custom-house authorities, and shall remain in their possession until they have examined the goods contained in the entry.
The Japanese officers may examine any or all the packages so entered, and for this purpose may take them to the custom-house; but this examination must be made without expense to the importers or injury to the goods; and after examination the Japanese shall restore the goods to their original condition in the packages, (so far as may be practicable,) and such examination shall be made without any unreasonable delay.
If any owner or importer discovers that his goods have been damaged on the voyage of importation before having been delivered to him, he may notify such damage to the custom-house officers, and he may have the damaged goods appraised by two or more competent and disinterested persons, who, after due examination, shall deliver a certificate setting forth the amount per cent, of damage on each separate package, describing it by its mark and number. This certificate shall be signed by the appraisers in presence of the custom-house authorities. The importer may attach it to his entry and make a corresponding deduction from it.
But this shall not prevent the custom-house authorities from appraising the goods in the manner provided in the Article VIII of the treaty to which these regulations are appended.
After the duties have been paid the owner shall receive a permit authorizing the delivery to him of the goods, whether the same are at the custom-house or on shipboard.
All goods intended to be exported shall be entered at the Japanese custom-house before they are placed on ship-board. The entry shall be in writing and shall state the name of the ship by which the goods are to be exported, with the marks and numbers of the packages and the quantity, description, and value of their contents. The exporter shall certify, in writing, that the entry is a true account of all goods contained therein, and shall sign his name thereto.
Any goods which are put on board a ship for exportation before they have been entered at the custom-house, and all packages which contain prohibited articles, shall he forfeited to the Japanese government.
No entry at the custom-house shall be required for supplies for the use of the ships, their crews and passengers, nor for the clothing, &c., of passengers.
The Japanese custom-house officers may seize any suspected package, but on doing so, they must give notice to the imperial and royal consular officer.
Goods which are confiscated by the decision of the imperial and royal consular officers shall at once be delivered to the Japanese authorities, and all fines or forfeitures decreed by the imperial and royal consular officers shall be levied by them without delay and paid over to the Japanese authorities.
Regulation IV.
Ships wishing to clear, shall give twenty-four hours’ notice at the custom-house, and at the end of that time they shall be entitled to their clearance. But if it be refused, the custom-house authorities shall immediately inform the captain or consignee of the ship of the reason why the clearance is refused, and they shall also give the same notice to the imperial and royal consul, who will not deliver to the captain the deposited ship-papers until he produces a receipt from the custom-house stating that all duties have been paid.
Imperial and royal men-of-war shall not be required to enter or clear at the customhouse, nor shall they be visited by Japanese custom-house or police officers.
Steamers conveying the mails of the Austro-Hungarian monarchy may enter and clear on the same day, and they shall not be required to make a manifest, except for such passengers and goods as are to be landed in Japan. But such steamers shall in all cases enter and clear at the custom-house.
Whaleships touching for supplies, or ships in distress, shall not be required to make a manifest of their cargo; but if they subsequently wish to trade, they shall then deposit a manifest as required in Regulation I.
The word “ships,” wherever it occurs in these regulations, or in the treaty to which they are annexed, is to be held as meaning a vessel, bark, brig, schooner, sloop, or steamer.
Regulation V.
Any person signing a false declaration or certificate, with the intent to defraud the revenue of Japan, shall pay a fine of one hundred and twenty-five (125) dollars for each offense.
Regulation VI.
No tonnage-dues shall be levied on Austro-Hungarian ships in ports of Japan, but the following fees shall be paid to the Japanese custom-house authorities:
- For the entry of a ship, fifteen dollars.
- For the clearance of a ship, seven dollars.
- For the permit to land or ship goods, wherever they may be mentioned in these regulations, no fee has to be paid.
- For every other document, as bills of health, &c., one dollar and a half.
Regulation VII.
Duties shall be paid to the Japanese government on all goods landed in Japan, and on all Japanese goods, intended for exportation, according to the tariff annexed to this treaty.
Regulation VIII.
Any Japanese subject shall be free to purchase, either in the open ports or abroad, every description of sailing-vessels or steamers, intended to carry either cargo or passengers, with the exception of ships of war, which may only be purchased under the authorization of the Japanese government.
All Austro-Hungarian ships purchased by Japanese subjects shall be registered as Japanese ships on payment of a duty of three boos per ton for steamers and one boo per ton for sailing-vessels.
The tonnage of each vessel shall be proved by the Austro-Hungarian register of the ship, which shall be certified as authentic by the imperial and royal consular officer, and exhibited by him to the Japanese authorities on their demand.
Ammunition of war can only be sold to the Japanese government and to foreigners.
Regulation IX.
Austro-Hungarian citizens residing in Japan, and the crews and passengers of ships belonging to the said monarchy, shall be free to purchase for their own consumption supplies of those kinds of grain and flour the export of which is prohibited by the tariff; but the usual permit must be obtained from the custom-house before any of the aforesaid kinds of grain or flour can be shipped on board of an Austro-Hungarian vessel.
The Japanese government will offer no difficulty to the transport from one open port to another of those kinds of Japanese grain and flour the export of which to foreign ports is prohibited. Should, however, particular circumstances make it desirable that the transport of these articles from any one of the open ports should for a certain time be prohibited both to Japanese and foreigners, the Japanese government will give two months’ notice of such prohibition to the foreign authorities, and will further undertake that the said prohibition shall not remain longer in force than is absolutely necessary.
Regulation X.
The catty, mentioned in the tariff, is equal to 604 grammes 53 centigrammes, or 1⅓ pounds English avoirdupois, or 1.08 pound Austrian weight.
The yard is a measure of three English feet, equal to 914 millimeters.
The English foot is equal to 0.3047 metres and is one-eighth of an inch longer than the Japanese kaneshaku.
The koku is equal to ten cubic feet English measure, or to one hundred and twenty feet of American timber-measure of one inch in thickness.
The boo or itziboo is a silver coin weighing not less than 8.67 grammes, (134 grains troy weight,) and containing nine parts of pure silver and one part of alloy.
The cent is the one-hundredth part of the boo.
Regulation XI.
In order to put a stop to the abuses and inconveniences at the open ports, relative to the transaction of business at the custom-house, the landing and shipping of goods, and the hiring of boats, coolies, servants, &c., the high contracting parties have agreed, that at each port the local authorities shall, from time to time, enter into negotiations with the foreign consuls, with a view to the establishment by mutual consent of such measures as shall effectually put an end to any complaints, and shall afford all desirable facility and security both to the operation of trade and to private transactions between foreigners and Japanese.
The Japanese government will construct, at the landing-places of each of the open ports, one or more landing-sheds for the use of Austro-Hungarian citizens when landing or shipping cargo.
- SAWA KIYOWARA NO ASON NOBUYOSHI.
- TERASHIMA FUJIWARA NO ASON MUNENORI.
- BARON V. PETZ, Rear-Admiral.
TARIFF.
A. Import.—Class I.—Specific duties.
| No. | Articles. | Per— | Boos. | Cents. |
| 1 | Alum | 100 catties | 15 | |
| 2 | Betel-nut | do | 45 | |
| 3 | Brass buttons | Gross | 22 | |
| 4 | Candles | 100 cattles | 2 | 25 |
| 5 | Canvas and cotton duck | 10 yards | 25 | |
| 6 | Cigars | Catty | 25 | |
| 7 | Cloves and mother-cloves | 100 cattles | 1 | |
| 8 | Cochineal | do | 21 | |
| 9 | Cordage | do | 1 | 25 |
| 10 | Cotton, raw | do | 1 | 25 |
| Cotton manufactures: | ||||
| 11 | Shirtings, gray, white, and twilled, white, spotted, or figured drills and jeans, white brocades, veloth, cambrics, muslins, lawns, dimities, quiltings, cottonets; all the above goods dyed printed cottons, chintzes, and furniture: | |||
| a. Not exceeding 34 inches wide | 10 yards | 7½ | ||
| b. Not exceeding 40 inches wide | do | 8¾ | ||
| c. Not exceeding 46 inches wide | do | 10 | ||
| d. Exceeding 46 inches wide | do | 11¼ | ||
| 12 | Taffachelass, not exceeding 31 inches | do | 17½ | |
| Taffachelass, exceeding 31 inches and not exceeding 43 inches | do | 25 | ||
| 13 | Fustians, as cotton velvets, velveteens, satins, sattinets, and cotton damask, not exceeding 40 inches | do | 20 | |
| 14 | Ginghams, not exceeding 31 inches | do | 6 | |
| Ginghams, not exceeding 43 inches | do | 9 | ||
| 15 | Handkerchiefs | Dozen | 5 | |
| 16 | Singlets and dravers | do | 25 | |
| 17 | Table-cloths | Each | 6 | |
| 18 | Cotton-thread, plain or dyed, in reel or ball | 100 catties | 7 | 50 |
| 19 | Cotton-yarn, plain or dyed | do | 5 | |
| 20 | Cutch | do | 75 | |
| 21 | Feathers, (kingfisher, peacock, &c) | 100 in number | 1 | 50 |
| 22 | Flints | 100 catties | ||
| 23 | Gambier | do | 12 | |
| 24 | Gamboge | do | 3 | 45 |
| 25 | Glass, window | Box of 100 sq. feet. | 35 | |
| 26 | Glue | 100 catties | 60 | |
| 27 | Gum Benjamin and oil of do | do | 2 | 40 |
| 28 | Gum dragon’s-blood, myrrh, olibanum | do | 1 | 80 |
| 29 | Gypsum | do | 8 | |
| 30 | Hides, buffalo and cow | do | 1 | 20 |
| 31 | Horns, buffalo and deer | do | 1 | 5 |
| 32 | Horns, rhinoceros | do | 3 | 50 |
| 33 | Hoofs | do | 30 | |
| 34 | Indigo, liquid | do | 75 | |
| 35 | Indigo, dry | do | 3 | 75 |
| 36 | Ivory, elephant’s teeth, all qualities | do | 15 | |
| 37 | Paint, as red, white, and yellow lead, (minium, ceruse, and massicot,) and paint-oils | do | 1 | 50 |
| 38 | Leather | do | 2 | |
| 39 | Linen, all qualities | 10 yards | 20 | |
| 40 | Mangrove-bark | 100 catties | 15 | |
| 41 | Matting, floor | Roll of 40 yds | 75 | |
| Metals: | ||||
| 42 | Copper and brass in staabs, sheets, rods, nails | 100 catties | 3 | 50 |
| 43 | Yellow-metal, Muntz’s metal, sheeting, and nails | do | 2 | 50 |
| 44 | Iron, manufactured, as in rods, bars, nails | do | 30 | |
| 45 | Iron, manufactured in pigs | do | 15 | |
| 46 | Iron, manufactured in kendledge | do | 6 | |
| 47 | Iron, manufactured in wire | do | 80 | |
| 48 | Lead, pigs | do | 80 | |
| 49 | Lead, sheets | do | 1 | |
| 50 | Spelter and zinc | do | 60 | |
| 51 | Steel | do | 60 | |
| 52 | Tin | do | 3 | |
| 53 | Tin plates | Box of not ex. 90 cattles. | 70 |