Accordingly I was furnished with a copy of the original treaty, a translation
of which I have just obtained from Mr. Rice, and herewith forward.
(Inclosure No. 1.)
Of course it will not be safe to act upon this officially, but as I have no
doubt that it is nearly as the ratified treaty will prove to be, I send it
early for information, begging leave to observe that, should the treaty that
is ratified prove similar, I think several questions between ourselves and
the Japanese are thereby settled; for instance, the right to travel freely
throughout the empire. The right to circulate our literature freely,
&c., must, it seems to me, flow to us as of right under the most favored
nation clause. To get your opinion and instructions speedily upon these
points is much desired.
[Translation.]
Treaty of peace and amity.
The country of Japan and that of China having been for years past upon
intimate terms of friendship, it is desired to strengthen such intimacy,
and closer cement such friendship. Wherefore, Jienni Yii Date, for
Japan, chief minister of finance, envoy extraordinary and minister
plenipotentiary, and Li Yihaku, for China, commissioner
[Page 603]
for commerce, guardian of the heir
apparent, chancellor of states, president of the hoard of war, and
viceroy of Chili, each, in accordance with instructions from their
respective sovereigns, to confer together and deliberate upon articles
of agreement to be observed perpetually without infringement, by both
states, have agreed upon the following articles:
Article I.
Japan and China shall strengthen their friendship for each other, and
render it en during. The attitude of each towards the other shall be
that of mutual respect, abstaining from all thoughts of invasion, and
each shall maintain lasting peace.
Article II.
Both countries, being thus on friendly terms, must mutually assist in
time of trouble. In event of either experiencing injustice or wrong from
another state, the other, upon learning of such, shall render its good
offices.
Article III.
The administration of the two countries being different, neither shall
seek to impose its own views upon the other, but shall afford mutual
protection to each other’s laws. The merchants of both countries shall
be carefully instructed thereon, and no violation of the law by
residents in either country shall be allowed.
Article IV.
The embassadors of either country, with their families and suite, may
reside in the capital permanently, or while traveling, and may travel at
will, in any direction throughout the interior. They will on all such
occasions defray their own expenses. They may rent land or houses for
official occupation, and shall have facilities for the carriage of their
effects, sending dispatches, &c.
Article V.
Although, there are grades of rank in either country, the method of
service is different in each, therefore those to whom are assigned
similar duties may correspond and meet upon terms of equality; but those
in subordinate positions, when brought into contact with those in higher
offices, shall give precedence and observe due ceremonies. In the
transaction of official business, the officer shall make his
communication to one of an equal rank with himself, and have it passed
by him to his superior, avoiding direct communication with one in a
higher position. At visits of ceremony official cards shall be used.
Officials sent from either country to the other shall, upon arrival,
present for inspection a paper, with seal attached, to guard against
imposition.
Article VI.
In correspondence between the two countries China shall use the Chinese
character and idiom, and Japan the Japanese character, with or without
the Chinese idiom, or even the Chinese character alone if found to be
more convenient.
Article VII.
When entering upon friendly relations, each country shall point out to
the other the ports for trade in each, to which the subjects of either
may go for trade; and regulations for trade shall be made, and the
subjects of both countries compelled to conform thereto.
Article VIII.
At the treaty ports of each country consuls may be stationed, who shall
control their respective countrymen. All questions of litigation,
administration of property, and of that character, shall be determined
by the said consul according to the laws of his country. In questions
where subjects of both countries are concerned, the complainant shall
address a petition to the consul of the accused, who shall first
endeavor to bring about an amicable settlement of the case, who, failing
in this, shall acquaint the local authorities, and with them decide the
question.
In cases of theft, or desertion from service, the local authorities of
either country shall make arrests, but may not be held responsible for
losses of individuals.
Article IX.
If either state have no consul at a treaty port the local authorities
shall guard thinterests of its subjects there, and in event of any
transgression of the law by such, said authorities may investigate the
same, arrest the culprit, and try the case, submitting the evidence and
forwarding the offender to the nearest consul of his nation for
adjudication.
Article X.
The officials or merchants of either country, while residing at treaty
ports, may employ the people of that locality as servants or clerks, and
will constantly observe that
[Page 604]
such servants do not misconduct themselves, at the same time avoiding
causing trouble for the government by repeating remarks made by them.
When any servant commits an offense he shall be given up, and no
hinderance offered the local authorities in the performance of their
duty.
Article XI.
The subjects of either state residing at a treaty port shall maintain
friendly intercourse. They are not to carry swords nor other weapons.
Offenders in this respect will be punished and their arms
confiscated.
Subjects of either state residing in the territory of the other must each
attend to his chosen business; and whether his stay be short or long,
will be subject to the consul’s control. He shall not change his
costume, nor cause confusion by accepting any office that shall create a
doubt of his identity.
Article XII.
Subjects of either state flying from justice to the territory of the
other, or concealing himself on board any ship, or within the office or
residence of any subject of the other, shall, upon a requisition from
his own consul, made after learning his whereabouts, be sought for by
the local authorities without hesitation or assistance at further
concealment, arrested, yet always be treated with kindness and
consideration while being conducted to his own authorities.
Article XIII.
Subjects of either country residing at the treaty ports of the other, who
are guilty of crime, or who go into the interior and commit
incendiarism, murder, robbery, or plunder, shall be arrested by the
local officials, and a report sent to the nearest consul. If such
offender forcibly resist the officer making the arrest, he may be
killed, slain, upon the spot; but the consul must be informed of the
circumstances and be given opportunity for investigation.
When such cases occur in the interior, beyond the consul’s cognizance, a
complete statement shall still be sent to him.
Such offenders arrested at a treaty port will be tried by the local
authorities and the consul, acting conjointly.
If such offender be arrested in the interior the local official may try
him, and inform the consul of the circumstances.
If subjects of either country assemble riotously in the territory of the
other, to the number of ten or upwards, and persuade or invite the
natives to co-operate with them to the public injury, the local
authorities shall forthwith apprehend them. In such a case the consul
shall be informed and shall co-operate. If it occur in the interior the
local authorities shall, after a representation to the nearest consul,
adjudicate on the spot.
Article XIV.
Vessels of war of either state, when resorting to treaty ports of the
other for the protection of their countrymen, shall not enter unopened
harbors, inland rivers, or lakes.
Infringement of this prohibition will be punished.
But cases of distress from severity of the weather are exempt from this
clause.
Article XV.
If either state be at war with another power, it may notify the fact at
each treaty port, and proclaim any such port closed to trade. Care must
be taken that vessels coming or going sustain no injury from
carelessness. Japanese residing in China or Chinese residing in Japan,
at such a time, shall not take side with either belligerent.
Article XVI.
Each state will prohibit it consuls from engaging in trade. Neither may
they be allowed to act as consuls for other treaty powers.
If there is any proof of any one consul having caused general
disatisfaction, the same shall be represented to the ambassador
resident, and upon due evidence of the justice of such complaint he
shall be recalled, so that no individual may disturb the harmony between
the two countries.
Article XVII.
Each country having its maritime flag, if any vessel belonging to either
employ the flag of the other, and under that flag infringe their rules,
such ship and cargo shall be confiscated, and if such flag shall have
been given by an official he shall be degraded.
The literature of either country may circulate freely in the other, and
may be bought or sold at will.
[Page 605]
Article XVIII.
These articles are agreed to in order to prevent misunderstanding, and
preserve friendly relations.
In token whereof the plenipotentiaries of both countries affix their
respective signatures.
When the approval of the sovereigns of each country is obtained, and
ratifications exchanged, it shall be printed and promulgated throughout
each country, in order that the officials may become acquainted with it,
and uphold its provisions.
On the 29th day of the 7th month in the 4th year
Meiji.
[
l. s.] (Signature.)
Of Japan.
On the 29th day of the 7th month in the 10th year
of Dochi.
[
l. s.] (Signature.)
Of China.
Translated by interpreter United States legation, Japan, from the
Japanese copy.
