Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I
File No. 6596/3–4.
Chargé Janes to the Secretary of State.
Santiago,July 11, 1907.
Sir: Referring to Department Instructions No. 62a (File No. 6596/–1), relating to Mr. Hicks’s dispatch (No. 134a) of April 4 last, I have the honor to inclose herewith two additional copies of the Spanish text of the treaty of friendship, commerce, and navigation between Chile and Japan, signed at Washington September 25, 1897, and officially promulgated in Chile March 31, 1907, accompanied by an English translation of the same.
I have, etc.,
Treaty of friendship, commerce, and navigation between Japan and Chile, published in Diario Official, April 3, 1907.
Pedro Montt, President of the Republic of Chile.
Inasmuch as a treaty of friendship, commerce, and navigation between the Republic of Chile and the Japanese Empire was negotiated, concluded, and signed on the 25th day of September, 1897, as well as a complementary protocol to the same on the 16th of October, 1899, by the respective plenipotentiaries, duly authorized, which are literally as follows:
“His Excellency the President of the Republic of Chile and His Majesty the Emperor of Japan, both animated by the desire to establish on a firm and lasting basis relations of friendship and commerce between their respective states, citizens, and subjects, have resolved to enter into a treaty of friendship, commerce, and navigation, and to this end have named their plenipotentiaries, to wit:
His Excellency the President of Chile, Señor Domingo Gana, envoy extraordinary and minister plenipotentiary of the Republic of Chile before the Government of the United States of America; and His Majesty the Emperor of Japan, Jushu Toru Hoshi, of the Order of the Rising Sun of the Third Class, his envoy extraordinary and minister plenipotentiary before the Government of the United States of America, who, having communicated to each other their respective full powers and found them to be in good and true form, have agreed upon the following articles:
First Article.
There shall be firm and perpetual peace and friendship between the Republic of Chile and the Empire of Japan and their respective citizens and subjects.
[Page 121]Article II.
His Excellency the President of the Republic of Chile may accredit, if he deem it expedient, a diplomatic agent before the court of Tokio, and, likewise, His Majesty the Emperor of Japan may accredit, if he deem it proper, a diplomatic agent before the Government of the Republic of Chile, and each of the high contracting parties will have the right to name, in the interest of commerce, consuls-general, consuls, vice-consuls, and general agents, to reside in all the ports and places of the territory of the other contracting party in which similar consular officials of other nations may be permitted to reside; but before any consul-general, consul, vice-consul, or consular agent may act as such he must be accepted and admitted in the usual form by the Government to which he may be sent.
The diplomatic and consular officials of each of the high contracting parties shall enjoy the territories of the other, subject to the provisions of this treaty, the rights, privileges, exemptions, and immunities which are or may be conceded to officials of the same rank of any European nation or of the United States of America.
Article III.
There will be reciprocal freedom of commerce and navigation between the territories and possessions of the high contracting parties.
The citizens and subjects of each of the high contracting parties, respectively, will have the right of entering safely and freely with their ships and cargoes in all the places, ports, rivers, and straits of the territories and possessions of the other in which entry may be allowed to the citizens and subjects of other nations; they may remain and reside in all the places and ports in which this may be allowed to citizens and subjects of other nations, and they may rent and occupy houses and places of business and trade in wholesale or retail in every kind of produce, manufactured articles, and merchandise in which traffic is permitted.
Article IV.
Each of the two high contracting parties do extend to the other contracting party every favor, privilege, or immunity referring to commerce, navigation, transit, or residence in their territories and possessions which any contracting party may at present or later concede to subjects or citizens of any European nation or of the United States of America; gratuitously, if the concession in favor of the European nation or of the United States of America shall have been gratuitous, and under the same and equivalent conditions if the concession should have been conditional.
Article V.
No other higher duties will be levied on any natural or industrial products or manufactured articles imported to the Republic of Chile from Japan, and no other or higher duties will be levied on any natural or industrial products or manufactured articles imported to Japan from the Republic of Chile, whether such importation is intended for consumption, storage, reexportation, or transit, than those paid or which may be paid for the importation for like purposes of the natural or industrial products or manufactured articles of any European country or of the United States of America.
Nor will other or higher duties or burdens be placed in the territories or possessions of any one of the contracting parties upon the exportation of any article for the territories or possessions of the other than those that are paid or may be paid for the exportation of the same article for any country of Europe or of the United States of America.
The importation or transit of any natural or industrial product or manufactured article of the territories of any one of the contracting parties in or across the territories or possessions of the other shall not be prohibited if such prohibition does not extend equally to the same natural or industrial products or manufactured articles of any country of Europe or of the United States of America.
Nor will the exportation of any article from the territories of any one of the high contracting parties to the territories or possessions of the other be in any way prohibited if such prohibition does not extend equally to the exportation of the same articles to the territories of the nations of Europe or of the United States of America.
[Page 122]Article VI.
In all that concerns the right of transit, storage, bounties, facilities, drawbacks, and reexportation, the citizens, subjects, merchandise, and shipping of any of the high contracting parties will be, in all respects, placed in the territories and possessions of the other on the same footing as the citizens, subjects, merchandise, and shipping of European nations or of the United States of America.
Article VII.
No other or higher duties or burdens for tonnage, light-houses, ports, pilotage, quarantine, salvage in case of damage (averias), or other similar or like duties or burdens, of whatever nature or denomination, whether they are demanded in the name of or for the benefit of the Government or of public officials or private persons, corporations, or establishments, shall be imposed in the ports, rivers, or straits of the Republic of Chile upon the ships of Japan, nor in the ports, rivers, and straits of Japan upon the ships of the Republic of Chile, than those which are paid or may be paid in the future in like cases upon the ships of European nations or of the United States of America in the same rivers, ports, and straits.
Article VIII.
The provisions of the present treaty do not apply to the coastwise trade of the two high contracting parties, which will be regulated in conformity with the laws of Chile and Japan, respectively.
Article IX.
All the ships which, according to the laws and regulations of Chile, should be considered Chilean ships, and all the ships which, according to the laws and regulations of Japan, should be considered Japanese ships, shall for the purpose of this treaty be regarded as Chilean and Japanese ships, respectively.
Article X.
The citizens and merchant ships of the Republic of Chile which go to Japan to remain in its territorial waters are subject, while they remain there, to the laws of Japan and to its tribunals of justice; and, in the same manner, the subjects and merchant ships of His Imperial Majesty which go to Chile or remain in its territorial waters are subject, while they remain there, to the laws and jurisdiction of Chile. It is understood, however, that the stipulation of this article is not extended to matters having to do exclusively with the internal discipline of the ships of either one of the contracting parties in the ports or territorial waters of the other.
Article XI.
The citizens or subjects of each of the high contracting parties, in the territories or possessions of the other, shall receive and enjoy reciprocally in their persons and property the same ample and perfect protection which is given to native citizens or subjects; they will have free and open access to tribunals of justice for the prosecution and defense of their rights, and can, in the same manner as native citizens or subjects, employ attorneys at law, solicitors, or agents which may represent them before said tribunals of justice.
They will enjoy also entire freedom of conscience, and will enjoy, as far as the laws which may be in force will permit it, the right of exercising privately or publicly their religious worship, as well as the right of burying their respective compatriots, in accordance with the regulations in force, in fit and proper places which may be established and maintained for such a purpose.
Article XII.
As to quartering soldiers, obligatory service, whether on land or sea, contributions of war or military requisitions, or forced laws, the citizens and subjects each of the two high contracting parties will enjoy, in the territories or possessions of the other, the same privileges, immunities, and exemptions which are conceded or which may be conceded to the subjects or citizens of European nations or of the United States of America.
[Page 123]Article XIII.
The present treaty will enter into force immediately after the exchange of ratifications, and will continue in force six months after one of the high contracting parties may have notified the other of his intention of arresting its operation.
Article XIV.
The present treaty will be signed in duplicate in the Spanish, Japanese, and English languages; and in case that any discrepancy should be found to exist between the Spanish and Japanese texts, it will be decided in conformity with the English text, which is binding on both Governments.
Article XV.
The present treaty will be ratified by the two high contracting parties, and the ratifications will be exchanged in Washington as soon as possible.
In witness whereof the respective plenipotentiaries have signed this treaty and have thereunto affixed their respective seals.
Done in sextuplicate in Washington, the twenty-fifth of the month of September, eighteen hundred and ninety-seven, corresponding to the twenty-fifth of the ninth month of the thirtieth year of Meiji.
| [l. s.] | (Signed) Domingo Gana. |
| [l. s.] | (Signed) Toru Hoshi. |
protocol.
His Excellency the President of the Republic of Chile and His Majesty the Emperor of Japan, desiring to explain with all clearness the import of the stipulations relative to the most-favored-nation treatment contained in the treaty of friendship, commerce, and navigation, subscribed in Washington the 25th day of September, 1897, corresponding to the 25th day of the ninth month of the 30th year of Meiji, have designated and authorized with that object, to wit:
His Excellency the President of the Republic of Chile, Don Carlos Morla Vicuña, envoy extraordinary and minister plenipotentiary of Chile in the court of His Majesty the Emperor of Japan; and
His Majesty the Emperor of Japan, the Viscount Aoki Siuze, minister of foreign relations of His Imperial Majesty, who have agreed upon the following
Additional article.
The high contracting parties agree that, saving the exception which is established in the following, every special favor, privilege, or immunity which in the matter of commerce or navigation may or shall be conceded by one of them to the citizens or subjects or to the ships or products of any other nation, shall be conceded in the same terms and under the same conditions to the citizens or subjects or to ships or products of the other contracting party. Consequently and saving the exception mentioned, the citizens, ships, or products of Chile in Japan and the subjects, ships, and products of Japan in Chile, shall enjoy all the favors, privileges, or immunities conceded to citizens or subjects, or to ships or products of any other nation.
However, the preceding stipulation does not apply to any of the special favors, privileges, or immunities referring to the commerce or navigation which Chile may have conceded or shall concede to any Latin-American republic, as well as the special favors, privileges, or immunities of a similar nature which Japan may have conceded or shall concede to any independent nation of Asia.
The present article shall be considered as forming an integral part of the treaty of friendship, commerce, and navigation signed in Washington the 25th day of September, 1897, corresponding to the 25th day of the ninth month of the thirtieth year of Meiji, in the same manner as though the letter were incorporated in it; it will be submitted to the ratification of the high contracting [Page 124] parties according to the respective constitutional provisions, and the ratifications will be exchanged conjointly with the treaty of which it forms a part.
In witness whereof the respective plenipotentiaries have signed this additional article and have attached thereto their respective seals.
[l. s.] (Signed)
[l. s.] (Signed)
And inasmuch as the treaty and protocol above attached have been ratified after the previous approbation of the National Congress and the respective ratifications were exchanged in the city of Washington the 24th day of September, 1906, by the authorized representatives of the two Governments:
Therefore, and in use of the power which is conferred on me by article 73, part 19, of the political constitution, I dispose and order that they be carried out and executed in all ports as a law of the Republic.
Santiago; the 31st of March, 1907.—Pedro Montt.—Ricardo Salas Edwards.