Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873
No. 266.
Mr. De Long to Mr. Fish.
September 2, 1873. (Received October 8.)
Sir: I have the honor to forward to you herewith a printed copy of the treaty concluded between Japan and Peru, which was handed to me unofficially by the Peruvian envoy, (inclosure No. 1.)
I remain, &c.,
Preliminary treaty of peace, friendship, commerce, and navigation between Peru and Japan.
His Excellency the President of the Republic of Peru and His Majesty the Emperor 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 facilitate the commercial intercourse between their respective citizens and subjects, have resolved, with this important object, to conclude a treaty, and have therefore named as their plenipotentiaries, that is to say:
His Excellency the President of Peru, Aurelio Garcia y Garcia, a post captain in the Peruvian navy, and envoy extraordinary and minister plenipotentiary of that republic for the empires of Japan and China; and
His Majesty the Emperor of Japan, Soyeshima Tane-Omi, His Imperial Majesty’s minister for foreign affairs;
Who, after having communicated to each other their respective full powers, and found them to be in due and proper form; and whereas in the present year the revision of all the treaties of Japan is to commence, and the Japanese government is desirous to establish with that of Peru the same relations which it maintains with those of other states, thus securing in an efficient manner the interests of both nations until the said revision takes place, have agreed to conclude and sign a preliminary treaty of peace, friendship, commerce, and navigation, and stipulated the following articles:
I. There shall be perpetual peace and friendship between the Republic of Peru and His Majesty the Emperor of Japan, his heirs and successors, and between their respective citizens and subjects, who shall reciprocally enjoy in the territories of the high contracting parties full and perfect protection for their persons and property.
II. His Excellency the President of Peru may appoint a diplomatic agent to reside [Page 630] at the capital of the empire, a consul-general, and consuls or consular agents, to reside at any or all the ports and cities of Japan which are now or may hereafter be opened to foreign commerce. All of these officers shall enjoy in Japan the same rights, powers, and privileges as those of the most favored nation. The diplomatic agent of Peru, as well as the consul-general, shall have the right to travel freely in any part of the Japanese Empire.
His Majesty the Emperor of Japan may appoint a diplomatic agent to reside at Lima, a consul-general, and consuls or consular agents at any port or town of Peru, where consular officers of any other power are admitted to reside. All of these officers shall enjoy the same rights and privileges as those of the most favored nation, and shall have the right to travel freely in any part of Peru.
III. All the ports and towns of Japan which are now or may hereafter be opened to the subjects, citizens, or trade of any foreign nation shall, from the day on which this treaty comes into operation, be opened to the citizens of Peru and to their trade. Peruvian citizens may reside in those places, visit the ports with their ships, and trade in them, enjoying the same rights and privileges as those of the most favored nation.
Japanese subjects may reside in any part of the Republic of Peru, may visit with their ships all the ports opened to foreign commerce, and trade in them, enjoying the same rights and privileges which in Peru are granted to the citizens and subjects of the most favored nation.
IV. If any Peruvian vessel be wrecked or stranded on the coasts of Japan, or be compelled to take refuge in any of the ports of its territory, 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 Peruvian consulate.
The same assistance shall be rendered by the maritime authorities of Peru to Japanese vessels that may be wrecked or stranded on the coasts of the republic.
V. The export and import duties which are now in force in the open ports of Japan for the regulations of foreign commerce shall be applicable in the said ports of Japan to the commerce to or from Peru.
No other or higher duties shall be imposed in the ports of Peru on the commerce to or from Japan, than those which are or may be imposed in Peru on the commerce to or from the most favored nation.
VI. It is hereby expressly stipulated that the government, public officers, and citizens of the Republic of Peru shall, from the day on which this treaty comes into operation, participate in all privileges, rights, immunities, jurisdiction, and advantages of every kind which have been granted, or may hereafter be granted, by His Majesty the Emperor of Japan to the government, public officers, citizens, or subjects of any other nation.
In like manner, the government, public officers, and subjects of the Empire of Japan shall enjoy in Peru all the rights, privileges, immunities, and advantages of every kind which in Peru are enjoyed by the government, public officers, citizens, or subjects of the most favored nation.
VII. No restrictions shall be placed by either government upon the employment of their respective citizens or subjects reciprocally, in any lawful capacity. They may go freely from the one country to the other, fulfilling the conditions required by the laws of their respective nations.
VIII. When the revision of the treaties of Japan takes place, the Republic of Peru and the Empire of Japan shall conclude a treaty of amity, commerce, and navigation, and the present preliminary one shall then cease.
IX. The present treaty is written and signed in nine copies, viz, three in Spanish, three in Japanese, and three in English. All these versions have the same meaning and intention; but in case of dispute, the English text shall be considered as the original and decisive one.
X. The present treaty shall be ratified by His Excellency the President of the Republic of Peru, after being approved by the Peruvian Congress, and by His Majesty the Emperor of Japan, and the ratifications shall be exchanged at Tokei, (Yedo,) as soon as 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.
(Signed)
(Signed)