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Regulations

FOR THE CONSULAR COURTS

OF THE UNITED STATES OF AMERICA IN CHINA.

By authority of Congress, given for the fulfillment of existing treaty stipulations between the United States of America and China, the following additional regulations and orders, for the use and government of the United States consular courts in China, are ordered and established in conformity to the Act of Congress, approved August 11th, 1848, entitled, "An Act to carry into effect certain provisions in the treaties between the United States and China and the Ottoman Porte, giving certain judicial powers to Ministers and Consuls of the United States in those countries."

CLERK'S FEES.

For docketing every suit commenced,.....
For drawing every notice, paper, order, or process,

.............

$1.00

not heretofore provided for,..
And if it exceed two hundred words, for every

2.00

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For apprehending a deserter, and delivering him
on board the vessel deserted from, to be paid
by the vessel before leaving port,.......... 5.00
For searching for the same, and if not found, to
be certified by the Consul, and on his order to
be paid by said ship,................................

2.00

For serving every notice not heretofore provided
for, in addition to the usual traveling fees,.... 0.50

CRIER'S FEES.

On trial of every suit,................

1.00

........

All fees and expenses of court are to be paid by the party against whom judgment is entered, unless otherwise ordered by the court.

L. S.

WILLIAM B. REED,

Envoy Extraordinary & Minister Plenipotentiary of the United States of America in China,

LEGATION OF THE UNITED STATES OF AMERICA,

SHANGHAI, November 9th, 1858.

Assented to, November 9th, 1858.

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TREATY BETWEEN THE UNITED STATES OF AMERICA

AND THE EMPIRE OF JAPAN.

Signed at Kanagawa, March 31st, 1854.

Ratified by the President of the United States, July, 1854.
Ratifications exchanged at Simoda, February 21st, 1855.
Proclaimed by the President, June 22d, 1855.

THE United States of America and the empire of Japan, desiring to establish firm, lasting, and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace and amity, the rules which shall in future be mutually observed in the intercourse of their respective countries; for which most desirable object the President of the United States has conferred full powers on his commissioner, MATTHEW CALBRAITH PERRY, special embassador of the United States to Japan, and the August Sovereign of Japan has given similar full powers to his commissioners, HAYASHI, Dai-gaku-no-kami, IDO, prince of Tsussima, Izawa, prince of Mimasaki, and UDONO, member of the Board of Revenue. And the said commissioners, after having exchanged their said full powers and duly considered the premises, have agreed to the following articles:

ART. I.-There shall be a perfect, permanent and universal peace, and a sincere and cordial amity between the United States of America on the one part, and the empire of Japan on the other part, and between their people respectively, without exception of persons or places.

ART. II. The port of Simoda in the principality of Idzu, and the port of Hakodade in the principality of Matsmai, are granted by the Japanese as ports for the reception of American ships, where they can be supplied with wood, water, provisions, and coal, and other articles their necessities may require, as far as the Japanese have them. The time for opening the first-named port is immediately on signing this treaty; the last-named port is to be opened immediately after the same day in the ensuing Japanese year. [Note.-A tariff of prices shall be given by the Japanese officers of the things which they can furnish, payment for which shall be made in gold and silver coin.]

ART. III. Whenever ships of the United States are thrown on the coast of Japan, the Japanese vessels will assist them, and carry their crews to Simoda or Hakodade, and hand them over to their countrymen appointed to receive them; whatever articles the shipwrecked men may have preserved shall likewise be restored, and the expenses incurred in the rescue and support of Americans and Japanese who may thus be thrown upon the shores of either nation are not to be refunded.

ART. IV. Those shipwrecked persons and other citizens of the United States shall be free as in other countries, and not subjected to confinement, but shall be amenable to just laws.

ART. V. Shipwrecked men and other citizens of the United States, temporarily living at Simoda and Hakodade, shall not be subject to such restrictions and confinement as the Dutch and Chinese are at Nagasaki, but shall be free at Simoda to go where they please within the limits of seven Japanese miles (or ri) from a small island in the harbor of Simoda, marked on the accompanying chart hereto appended; and shall in like manner be free to go where they please at Hakodade, within limits to be defined after the visit of the United States squadron to that place.

ART. VI. If there be any other sort of goods wanted, or any business which shall require to be arranged, there shall be careful deliberation between the parties in order to settle such matters.

ART. VII. It is agreed that ships of the United States resorting to the ports open to them shall be permitted to exchange gold and silver coin and articles of goods for other articles of goods, under such regulations as shall be temporarily established by the Japanese government for that purpose. It is stipulated, however, that the ships of the United States shall be permitted to carry away whatever articles they are unwilling to exchange.

ÅRT. VIII.-Wood, water, provisions, coal, and goods required, shall only be procured through the agency of Japanese officers appointed for that purpose, and in no other manner.

ART. IX. It is agreed, that if at any future day the government of Japan shall grant to any other nation or nations privileges and advantages which are not herein granted to the United States and the citizens thereof, that these same privileges and advantages shall be granted likewise to the United States and to the citizens thereof, without any consultation or delay.

ART. X.-Ships of the United States shall be permitted to resort to no other ports in Japan but Simoda and Hakodade, unless in distress or forced by stress of weather.

ART. XI.-There shall be appointed by the government of the United States consuls or agents to reside in Simoda, at any time after the expiration of eighteen months from the date of the signing of this treaty: provided that either of the two governments deem such

ment necessary.

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ART. XII. The present convention having been concluded and duly signed, shall be obligatory and faithfully observed by the United States of America and Japan, and by the citizens and subjects of each respective power; and it is to be ratified and approved by the President of the United States, by and with the advice and consent of the Senate thereof, and by the August Sovereign of Japan, and the ratifications shall be exchanged within eighteen months from the date of the signature thereof, or sooner if practicable.

In faith whereof, we, the respective plenipotentiaries of the United States of America and the Empire of Japan aforesaid, have signed and sealed these presents.

Done at Kanagawa this thirty-first day of March, in the year of our Lord Jesus Christ one thousand eight hundred and fifty-four, and of Kayei, the seventh year, third month, and third day.

L. S.

M. C. PERRY.

CONVENTION BETWEEN THE UNITED STATES
OF AMERICA AND THE EMPIRE OF JAPAN.

Concluded at Simoda, June 17th, 1857.

Ratified by the President of the United States, June 30th, 1858. Proclaimed by the President, June 30th, 1858.

FOR the purpose of further regulating the intercourse of American citizens within the empire of Japan, and, after due deliberation, his excellency TOWNSEND HARRIS, consul-general of the United States of America for the Empire of Japan, and their excellencies INO-00-YE, prince of Sinano, and NAKAMURA, prince of Dewa, governors of Simoda, all having full powers from their respective governments, have agreed on the following articles, to wit:

ART. I. The port of Nangasaki, in the principality of Hizen, shall be open to American vessels, where they may repair damages, procure water, fuel, provisions, and other necessary articles, even coals, where they are obtainable.

ART. II.-It being known that American ships coming to the ports of Simoda and Hakodade cannot have their wants supplied by the Japanese, it is agreed that American citizens may permanently reside at Simoda and Hakodade, and the government of the United States may appoint a vice-consul to reside at Hakodade.

This article to go into effect on the fourth day of July, eighteen hundred fifty-eight.

ART. III. In settlement of accounts the value of the money brought by the Americans shall be ascertained by weighing it with Japanese coin, (gold and silver itsebues,) that is, gold with gold, and silver with silver, or weights representing Japanese coin may be used, after such weights have been carefully examined and found to be correct. The value of the money of the Americans having been thus ascertained, the sum of six per cent. shall be allowed to the Japanese for the expense of recoinage.

ART. IV.-Americans committing offenses in Japan shall be tried by the American consul-general or consul, and shall be punished according to American laws. Japanese committing offenses against Americans shall be tried by the Japanese authorities, and punished according to Japanese laws.

ART. V.-American ships which may resort to the ports of Simoda, Hakodade, or Nangasaki, for the purpose of obtaining necessary supplies, or to repair damages, shall pay for them in gold or silver coin, and if they have no money, goods shall be taken in exchange.

ART. VI. The government of Japan admits the right of his excellency the consul-general of the United States to go beyond the limits of seven ri, but has asked him to delay the use of that right, except in cases of emergency, shipwreck, &c., to which he has assented.

ART. VII.-Purchases for his excellency the consul-general, or his family, may be made by him only, or by some member of his

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