Rosenfeld Susan. Encyclopedia of American Historical Documents

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ernor and ex-officio Superintendent of Indian Affairs in

aid territory, acting as commissioners, and the Med-ay-wa-

kan-toan and Wah-pay-koo-tay bands of Dakota or Sioux

Indians, which treaty is in the words following, to wit:

Articles of a treaty made and concluded at Mendota, in

the Territory of Minnesota, on the fifth day of August, eigh-

teen hundred and fifty-one, between the United States of

America, by Luke Lea, Commissioner of Indian Affairs, and

Alexander Ramsey, Governor and ex-officio Superintendent

of Indian Affairs in said territory, commissioners duly

appointed for that purpose, and the Med-ay-wa-kan-toan

and Way-pay-koo-tay bands of Dakota and Sioux Indians.

Article 1. The peace and friendship existing between

the United States and the Med-ay-wa-kan-toan and Wah-

pay-koo-tay bands of Dakota or Sioux Indians, shall be per-

petual.

Article 2. The said Med-ay-wa-kan-toan and Wah-pay-

koo-tay bands of Indians do hereby cede and relinquish all

their lands and all their right, title and claim to any land

whatever, in the Territory of Minnesota, or in the State of

Iowa.

Article 3. In part consideration of the foregoing ces-

sion and relinquishment, the United States do hereby set

apart for the future occupancy and home of the Dakota

Indians, parties to this treaty, to be held by them, as Indian

lands are held, a tract of country of the average width of

ten miles on either side of the Minnesota River, and

bounded on the West by the Tchay-tam-bay and Yellow

Medicine Rivers, and on the East by the Little Rock River,

and a line running due South from its mouth to the Waraju

River; the boundaries of said tract to be marked our by as

straight lines as practicable, whenever and in such manner

as the President of the United States shall direct: Provided,

That said tract shall be held and occupied by said bands in

common, and that they shall hereafter participate equally

and alike, in all the benefits derived from any former treaty

between said bands or either of them, and the United

States.

Article 4. In further and full consideration of said ces-

sion and relinquishment, the United States agree to pay to

said Indians the sum of one million four hundred and ten

thousand dollars, ($1,410,000) at the several times, in the

manner and for the purposes following, to wit:

1st. To the Chiefs of the said bands, to enable them to

settle their affairs and comply with their present just

engagements; and in consideration of their removing them-

selves to the country set apart for them as above, (which

they agree to do within one year after the ratification of this

treaty, without further cost or expense to the United States,)

and in consideration of their subsisting themselves the first

year after their removal, (which they agree to do without

further cost or expense on the part of the United States,) the

sum of two hundred and twenty thousand dollars

($220,000.) Provided, That said shall be paid, one half to the

Chiefs of the Med-ay-wa-kan-toan band, and one half to the

Chief and Headmen of the Wah-pay-koo-tay band, in such

manner as they, hereafter, in open Council, shall respec-

tively request, and as soon after the removal of said Indians

to the home set apart for them as the necessary appropria-

tions therefor shall be made by Congress.

2d. To be laid out, under the direction of the Presi-

dent, for the establishment of manual labor schools; the

erection of mills and blacksmith shops, opening farms,

fencing and breaking land, and for such other beneficial

objects as may be deemed most conducive to the prosper-

ity and happiness of said Indians, thirty thousand dollars

($30,000.)

The balance of said sum of one million four hundred

and ten thousand dollars, ($1,410,000) to wit: One million,

one hundred and sixty thousand dollars ($1,160,000) to

remain in trust with the United States, and five per cent.

interest thereon to be paid annually to said Indians for the

period of fifty years, commencing on the first day of July,

eighteen hundred and fifty two (1852,) which shall be in

full payment of said balance, principal and interest: said

payments to be made and applied, under the direction of

the President as follows, to wit:

3d. For a general agricultural improvement and civi-

lization fund, the sum of twelve thousand dollars,

($12,000.)

4th. For educational purposes, the sum of six thou-

sand dollars, ($6,000.)

5th. For the purchase of goods and provisions, the

sum of ten thousand dollars, ($10,000.)

6th. For money annuity, the sum of thirty thousand

dollars, ($30,000.)

Article V. The entire annuity, provided for in the first

section of the second article of the treaty of September

twenty-ninth, eighteen hundred and thirty seven (1837,)

including any unexpended balance that may be in the trea-

sury on the first of July, eighteen hundred and fifty-two,

(1852,) shall thereafter be paid in money.

Article VI. The laws of the United States prohibiting

the introduction and sale of spirituous liquors in the Indian

country shall be in full force and effect throughout the

Territory hereby ceded and lying in Minnesota, until oth-

erwise directed by Congress or the President of the United

States.

Article VII. Rules and Regulations to protect the

rights of persons and property among the Indians parties

to this Treaty, and adapted to their condition and wants,

may be prescribed and enforced in such manner as the

President or the Congress of the United States, from time

to time, shall direct.

Article VIII. The Half-Breeds of the Sioux Nation

having failed and refused to avail themselves of the provi-

sions for their benefit in the ninth and tenth articles of the

treaty concluded at Prairie du Chien on the fifteenth of

682 ERA 4: Expansion and Reform

July, eighteen hundred and thirty, it is hereby agreed at

their request, that, in lieu of the tract of land set apart for

the occupancy of said Half-Breeds there shall be paid to

them, by the United States, under the direction of the

President, the sum of one hundred and fifty thousand dol-

lars ($150,000): Provided, That the non-ratification of this

article shall, in no manner affect the other provisions of

this Treaty.

In witness whereof, the said Luke Lea and Alexander

Ramsey, Commissioners on the part of the United States

and the undersigned Chiefs and Headmen of the Med-ay-

wa-kan-toan and Wah-pay-koo-tay bands of Dakota or

Sioux Indians, have hereunto set their hands, at Mendota,

in the Territory of Minnesota, this fifth day of August,

Anno Domini, one thousand eight hundred and fifty-one.

Source:

Statutes at Large, Vol. 10, pp. 949–959.

Gadsden Purchase Treaty of 1853

Agreement negotiated in 1853 by James Gadsden to settle

boundary issues between the United States and Mexico arising

from the Treaty of Guadalupe-Hidalgo. Mexico agreed to cede

territory in what is now southern Arizona and southern New

Mexico in exchange for $15 million. The United States wanted

that area for a southern transcontinental railroad route and to

protect private U.S. concessions there. The treaty (signed on

December 30, 1853) met strong opposition in the Senate,

which cut the payment to Mexico to $10 million and the size

of the new territory to about 30,000 square miles before rati-

fying the treaty in 1854.

The treaty did not contain a clause prohibiting slavery.

Such a proposal, the Wilmot Proviso, named after Democratic

congressman David Wilmot of Pennsylvania, had passed the

House of Representatives in 1846 and 1847; however, the

Senate rejected it. The proviso stated that a fundamental con-

dition of any such territorial acquisition was a ban on slavery

and involuntary servitude within that territory. It sparked a

national debate and fueled the sectional dispute over slavery.

________________________

_______________________

A Proclamation

Whereas a treaty between the United States of America and

the Mexican Republic was concluded and signed at the City

of Mexico on the thirtieth day of December, one thousand

eight hundred and fifty- three; which treaty, as amended by

the Senate of the United States, and being in the English

and Spanish languages, is word for word as follows:

In the name of Almighty God:

The Republic of Mexico and the United States of

America, desiring to remove every cause of disagreement

which might interfere in any manner with the better friend-

ship and intercourse between the two countries, and espe-

cially in respect to the true limits which should be estab-

lished, when, notwithstanding what was covenanted in the

treaty of Guadalupe Hidalgo in the year 1848, opposite

interpretations have been urged, which might give occasion

to questions of serious moment: to avoid these, and to

strengthen and more firmly maintain the peace which hap-

pily prevails between the two republics, the President of the

United States has, for this purpose, appointed James Gads-

den, Envoy Extraordinary and Minister Plenipotentiary of

the same, near the Mexican government, and the President

of Mexico has appointed as Plenipotentiary “ad hoc“ his

excellency Don Manuel Diez de Bonilla, cavalier grand

cross of the national and distinguished order of Guadalupe,

and Secretary of State, and of the office of Foreign Rela-

tions, and Don Jose Salazar Ylarregui and General Mariano

Monterde as scientific commissioners, invested with full

powers for this negotiation, who, having communicated

their respective full powers, and finding them in due and

proper form, have agreed upon the articles following:

Article I

The Mexican Republic agrees to designate the following as

her true limits with the United States for the future: retain-

ing the same dividing line between the two Californias as

already defined and established, according to the 5th article

of the treaty of Guadalupe Hidalgo, the limits between the

two republics shall be as follows: Beginning in the Gulf of

Mexico, three leagues from land, opposite the mouth of the

Rio Grande, as provided in the 5th article of the treaty of

Guadalupe Hidalgo; thence, as defined in the said article,

up the middle of that river to the point where the parallel of

31 degree 47 degree north latitude crosses the same; thence

due west one hundred miles; thence south to the parallel of

31 degree 20 degree north latitude; thence along the said

parallel of 31 degree 20 degree to the 111th meridian of lon-

gitude west of Greenwich; thence in a straight line to a point

on the Colorado River twenty English miles below the junc-

tion of the Gila and Colorado Rivers; thence up the middle

of the said river Colorado until it intersects the present line

between the United States and Mexico.

For the performance of this portion of the treaty, each

of the two governments shall nominate one commissioner,

to the end that, by common consent the two thus nomi-

nated, having met in the city of Paso del Norte, three

months after the exchange of the ratifications of this treaty,

may proceed to survey and mark out upon the land the

dividing line stipulated by this article, where it shall not

have already been surveyed and established by the mixed

commission, according to the treaty of Guadalupe, keeping

a journal and making proper plans of their operations. For

this purpose, if they should judge it necessary, the con-

tracting parties shall be at liberty each to unite to its

respective commissioner, scientific or other assistants,

Territorial Expansion, Political and Economic Developments, and International Relations 683

such as astronomers and surveyors, whose concurrence

shall not be considered necessary for the settlement and

ratification of a true line of division between the two

Republics; that line shall be alone established upon which

the commissioners may fix, their consent in this particular

being considered decisive and an integral part of this

treaty, without necessity of ulterior ratification or approval,

and without room for interpretation of any kind by either

of the parties contracting.

The dividing line thus established shall, in all time, be

faithfully respected by the two governments, without any

variation therein, unless of the express and free consent of

the two, given in conformity to the principles of the law of

nations, and in accordance with the constitution of each

country respectively. In consequence, the stipulation in the

5th article of the treaty of Guadalupe upon the boundary

line therein described is no longer of any force, wherein it

may conflict with that here established, the said line being

considered annulled and abolished wherever it may not

coincide with the present, and in the same manner remain-

ing in full force where in accordance with the same.

Article II

The government of Mexico hereby releases the United

States from all liability on account of the obligations con-

tained in the eleventh article of the treaty of Guadalupe

Hidalgo; and the said article and the thirty-third article of

the treaty of amity, commerce, and navigation between the

United States of America and the United Mexican States

concluded at Mexico, on the fifth day of April, 1831, are

hereby abrogated.

Article III

In consideration of the foregoing stipulations, the Govern-

ment of the United States agrees to pay to the government

of Mexico, in the city of New York, the sum of ten millions

of dollars, of which seven millions shall be paid immedi-

ately upon the exchange of the ratifications of this treaty,

and the remaining three millions as soon as the boundary

line shall be surveyed, marked, and established.

Article IV

The provisions of the 6th and 7th articles of the treaty of

Guadalupe Hidalgo having been rendered nugatory, for

the most part, by the cession of territory granted in the

first article of this treaty, the said articles are hereby abro-

gated and annulled, and the provisions as herein expressed

substituted therefor. The vessels, and citizens of the

United States shall, in all time, have free and uninter-

rupted passage through the Gulf of California, to and from

their possessions situated north of the boundary line of the

two countries. It being understood that this passage is to

be by navigating the Gulf of California and the river Col-

orado, and not by land, without the express consent of the

Mexican government; and precisely the same provisions,

stipulations, and restrictions, in all respects, are hereby

agreed upon and adopted, and shall be scrupulously

observed and enforced by the two contracting govern-

ments in reference to the Rio Colorado, so far and for such

distance as the middle of that river is made their common

boundary line by the first article of this treaty.

The several provisions, stipulations, and restrictions

contained in the 7th article of the treaty of Guadalupe

Hidalgo shall remain in force only so far as regards the Rio

Bravo del Norte, below the initial of the said boundary

provided in the first article of this treaty; that is to say,

below the intersection of the 31 degree 47’30” parallel of

latitude, with the boundary line established by the late

treaty dividing said river from its mouth upwards, accord-

ing to the fifth article of the treaty of Guadalupe.

Article V

All the provisions of the eight and ninth, sixteenth and sev-

enteenth articles of the treaty of Guadalupe Hidalgo, shall

apply to the territory ceded by the Mexican Republic in

the first article of the present treaty, and to all the rights of

persons and property, both civil and ecclesiastical, within

the same, as fully and as effectually as if the said articles

were herein again recited and set forth.

Article VI

No grants of land within the territory ceded by the first

article of this treaty bearing date subsequent to the day—

twenty-fifth of September—when the minister and sub-

scriber to this treaty on the part of the United States,

proposed to the Government of Mexico to terminate the

question of boundary, will be considered valid or be rec-

ognized by the United States, or will any grants made pre-

viously be respected or be considered as obligatory which

have not been located and duly recorded in the archives of

Mexico.

Article VII

Should there at any future period (which God forbid)

occur any disagreement between the two nations which

might lead to a rupture of their relations and reciprocal

peace, they bind themselves in like manner to procure by

every possible method the adjustment of every difference;

and should they still in this manner not succeed, never will

they proceed to a declaration of war, without having previ-

ously paid attention to what has been set forth in article

twenty-one of the treaty of Guadalupe for similar cases;

which article, as well as the twenty-second, is here reaf-

firmed.

Article VIII

The Mexican Government having on the 5th of February,

1853, authorized the early construction of a plank and rail-

684 ERA 4: Expansion and Reform

road across the Isthmus of Tehuantepec, and, to secure the

stable benefits of said transit way to the persons and mer-

chandise of the citizens of Mexico and the United States,

it is stipulated that neither government will interpose any

obstacle to the transit of persons and merchandise of both

nations; and at no time shall higher charges be made on

the transit of persons and property of citizens of the

United States, than may be made on the persons and prop-

erty of other foreign nations, nor shall any interest in said

transit way, nor in the proceeds thereof, be transferred to

any foreign government.

The United States, by its agents, shall have the right

to transport across the isthmus, in closed bags, the mails

of the United States not intended for distribution along

the line of communication; also the effects of the United

States government and its citizens, which may be

intended for transit, and not for distribution on the isth-

mus, free of custom-house or other charges by the Mexi-

can government. Neither passports nor letters of security

will be required of persons crossing the isthmus and not

remaining in the country. When the construction of the

railroad shall be completed, the Mexican government

agrees to open a port of entry in addition to the port of

Vera Cruz, at or near the terminus of said road on the Gulf

of Mexico.

The two governments will enter into arrangements for

the prompt transit of troops and munitions of the United

States, which that government may have occasion to send

from one part of its territory to another, lying on opposite

sides of the continent.

The Mexican government having agreed to protect

with its whole power the prosecution, preservation, and

security of the work, the United States may extend its

protection as it shall judge wise to it when it may

feel sanctioned and warranted by the public or interna-

tional law.

Article IX

This treaty shall be ratified, and the respective ratifications

shall be exchanged at the city of Washington within the

exact period of six months from the date of its signature, or

sooner, if possible.

In testimony whereof, we, the plenipotentiaries of the

contracting parties, have hereunto affixed our hands and

seals at Mexico, the thirtieth (30th) day of December, in

the year of our Lord one thousand eight hundred and fifty-

three, in the thirty-third year of the independence of the

Mexican republic, and the seventy-eighth of that of the

United States.

James Gadsden, [l. s.]

Manuel Diez De Bonilla [l. s.]

Jose Salazar Ylarregui [l. s.]

J. Mariano Monterde, [l. s.]

And whereas the said treaty, as amended, has been duly

ratified on both parts, and the respective ratifications of

the same have this day been exchanged at Washington, by

William L. Marcy, Secretary of State of the United States,

and Senor General Don Juan N. Almonte, Envoy Extraor-

dinary and Minister Plenipotentiary of the Mexican

Republic, on the part of their respective Governments:

Now, therefore, be it known that I, Franklin Pierce,

President of the United States of America, have caused the

said treaty to be made public, to the end that the same, and

every clause and article thereof, may be observed and ful-

filled with good faith by the United States and the citizens

thereof.

In witness whereof I have hereunto set my hand and

caused the seal of the United States to be affixed.

Done at the city of Washington, this thirtieth day of

June, in the year of our Lord one thousand eight hundred

and fifty-four, and of the Independence of the United

States the seventy-eight.

Source:

Charles I. Bevans, comp. Treaties and Other Agreements of the

United States of America, 1776–1949. Washington, D.C.:

Government Printing Office, 1968–76.

Harris Treaty of 1858

First commercial treaty between Japan and the United States,

signed on July 29, 1858. It was negotiated by Townsend Harris,

acting as consul general (the first U.S. diplomatic representative

to Japan,1855–61). His arrival was a result of the Treaty of Kana-

gawa of 1854. This pact of peace, friendship, and commerce

was negotiated by U.S. commodore Matthew C. Perry, and it

ended Japan’s isolation from the West. In 1853 Perry sailed into

Tokyo Bay with a fleet of warships as a show of force to deliver

proposals from President Millard Fillmore on establishing com-

mercial relations. When Perry returned the following year with

a larger fleet, Japanese officials decided to abandon their policy

of seclusion. Signed on March 31, 1854, the treaty opened the

Japanese ports of Shimoda and Hakodate to U.S. trade, allowed

the United States to establish a consulate at Shimoda, and pro-

vided for the protection of shipwrecked U.S. nationals. Three

years later, an 1857 agreement opened Nagasaki to U.S. com-

merce. The Harris Treaty of 1858 then opened additional

ports, granted Americans residence rights, and established

diplomatic representatives at the capitals of the two nations. The

U.S. Senate consented to the treaty on December 15, 1858.

________________________

_______________________

Treaty

The President of the United States of America and his

Majesty the Ty-Coon of Japan, desiring to establish on firm

and lasting foundations the relations of peace and friend-

Territorial Expansion, Political and Economic Developments, and International Relations 685

ship now happily existing between the two countries, and

to secure the best interest of their respective citizens and

subjects by encouraging, facilitating, and regulating their

industry and trade, have resolved to conclude a treaty of

amity and commerce for this purpose, and have, therefore,

named as their plenipotentiaries, that is to say: The Presi-

dent of the United States, his excellency Townsend Harris,

Consul General of the United States of America for the

Empire of Japan, and his Majesty the Ty-Coon of Japan,

their excellencies Jno-oo-ye, Prince of Sinano, and Iwasay,

Prince of Hego, who, after having communicated to each

other their respective full powers, and found them to be in

good and due form, have agreed upon and concluded the

following articles:

Article I

There shall henceforward be perpetual peace and friend-

ship between the United States of America and his

Majesty the Ty-Coon of Japan and his successors.

The President of the United States may appoint a

diplomatic agent to reside at the city of Yedo, and consuls

or consular agents to reside at any or all of the ports in

Japan which are opened for American commerce by this

treaty. The diplomatic agent and consul general of the

United States shall have the right to travel freely in any

part of the empire of Japan from the time they enter on the

discharge of their official duties.

The government of Japan may appoint a diplomatic

agent to reside at Washington, and consuls or consular

agents for any or all of the ports of the United States. The

diplomatic agent and consul general of Japan may travel

freely in any part of the United States from the time they

arrive in the country.

Article II

The President of the United States, at the request of the

Japanese government, will act as a friendly mediator in

such matters of difference as may arise between the gov-

ernment of Japan and any European power.

The ships of war of the United States shall render

friendly aid and assistance to such Japanese vessels as they

may meet on the high seas, so far as can be done without a

breach of neutrality; and all American consuls residing at

ports visited by Japanese vessels shall also give them such

friendly aid as may be permitted by the laws of the respec-

tive countries in which they reside.

Article III

In addition to the ports of Simoda and Hakodadi, the fol-

lowing ports and towns shall be opened on the dates

respectively appended to them, that is to say: Kanagawa,

on the (4th of July, 1859) fourth day of July, one thousand

eight hundred and fifty-nine; Nagasaki, on the (4th of July,

1859) fourth day of July, one thousand eight hundred and

fifty-nine; Nee-e-gata, on the (1st of January, 1860) first

day of January, one thousand eight hundred and sixty;

Hiogo, on the (1st of January 1863) first day of January,

one thousand and eight hundred and sixty-three.

In Nee-e-gata is found to be unsuitable as a harbor,

another port on the west coast of Nipon shall be selected

by the two governments in lieu thereof. Six months after

the opening of Kanagawa the port of Simoda shall be

closed as a place of residence and trade for American citi-

zens. In all the foregoing ports and towns American citi-

zens may permanently reside; they shall have the right to

lease ground, and purchase the buildings thereon, and may

erect dwellings and warehouses. But no fortification or

place of military strength shall be erected under pretence

of building dwellings or warehouses; and to see that this

article is observed, the Japanese authorities shall have the

right to inspect, from time to time, any buildings which are

being erected, altered, or repaired. The place which the

Americans shall occupy for their buildings, and the harbor

regulations, shall be arranged by the American consul and

the authorities of each place, and if they cannot agree the

matter shall be referred to and settled by the American

diplomatic agent and the Japanese government.

No wall, fence, or gate shall be erected by the

Japanese around the place of residence of the Americans,

or anything done which may prevent a free egress and

ingress to the same.

From the (1st of January, 1862) first day of January, one

thousand eight hundred and sixty-two, Americans shall be

allowed to reside in the city of Yedo; and from the (1st of

January, 1863) first day of January, one thousand eight hun-

dred and sixty-three, in the city of Osaca, for the purposes

of trade only. In each of these two cities a suitable place

within which they may hire houses, and the distance they

may go, shall be arranged by the American diplomatic agent

and the government of Japan. Americans may freely buy

from Japanese and sell to them any articles that either may

have for sale, without the intervention of any Japanese offi-

cers in such purchase or sale, or in making or receiving pay-

ment for the same; and all classes of Japanese may purchase,

sell, keep, or use any articles sold to them by the Americans.

The Japanese government will cause this clause to be

made public in every part of the empire as soon as the rat-

ifications of this treaty shall be exchanged.

Munitions of war shall only be sold to the Japanese

government and foreigners.

No rice or wheat shall be exported from Japan as

cargo, but all Americans resident in Japan, and ships, for

their crews and passengers, shall be furnished with suffi-

cient supplies of the same. The Japanese government will

sell, from time to time, at public auction, any surplus quan-

tity of copper that may be produced. Americans residing in

686 ERA 4: Expansion and Reform

Japan shall have the right to employ Japanese as servants

or in any other capacity.

Article IV

Duties shall be paid to the government of Japan on all

goods landed in the country, and on all articles of Japanese

production that are exported as cargo, according to the tar-

iff hereunto appended.

If the Japanese custom-house officers are dissatisfied

with the value placed on any goods by the owner, they may

place a value thereon, and offer to take the goods at that

valuation. If the owner refuses to accept the offer, he shall

pay duty on such valuation. If the offer be accepted by the

owner, the purchase money shall be paid to him without

delay, and without any abatement or discount.

Supplies for the use of the United States navy may be

landed at Kanagawa, Hakodadi, and Nagasaki, and stored

in warehouse, in the custody of an officer of the American

government, without the payment of any duty. But, if any

such supplies are sold in Japan, the purchaser shall pay the

proper duty to the Japanese authorities.

The importation of opium is prohibited, and any

American vessel coming to Japan for the purposes of trade,

having more than three (3) catties (four pounds

avoirdupois) weight of opium on board, such surplus quan-

tity shall be seized and destroyed by the Japanese authori-

ties. All goods imported into Japan, and which have paid

the duty fixed by this treaty, may be transported by the

Japanese into any part of the empire without the payment

of any tax, excise, or transit duty whatever.

No higher duties shall be paid by Americans on goods

imported into Japan that are fixed by this treaty, nor shall

any higher duties be paid by Americans than are levied on

the same description of goods if imported in Japanese ves-

sels, or the vessels of any other nation.

Article V

All foreign coin shall be current in Japan and pass for its

corresponding weight of Japanese coin of the same

description. Americans and Japanese may freely use for-

eign or Japanese coin in making payments to each other.

As some time will elapse before the Japanese will be

acquainted with the value of foreign coin, the Japanese

government will, for the period of one year after the open-

ing of each harbor, furnish the Americans with Japanese

coin, in exchange for theirs, equal weight being given and

no discount taken for recoinage. Coins of all description

(with the exception of Japanese copper coin) may be

exported from Japan, and foreign gold and silver uncoined.

Article VI

Americans committing offences against Japanese shall be

tried in American consular courts, and when guilty shall be

punished according to American law. Japanese committing

offences against Americans shall be tried by the Japanese

authorities and punished according to Japanese law. The

consular courts shall be open to Japanese creditors, to

enable them to recover their just claims against American

citizens, and the Japanese courts shall in like manner be

open to American citizens for the recovery of their just

claims against Japanese.

All claims for forfeitures or penalties for violations of

this treaty, or of the articles regulating trade which are

appended hereunto, shall be sued for in the consular

courts, and all recoveries shall be delivered to the Japanese

authorities.

Neither the American or Japanese governments are to

be held responsible for the payment of any debts con-

tracted by their respective citizens or subjects.

Article VII

In the opened harbors of Japan Americans shall be free to

go, where they please, within the following limits:

At Kanagawa, the River Logo, (which empties into the

Bay of Yedo between Kawasaki and Sinagawa,) and (10)

ten ri in another direction.

At Hakodadi, (10) ten ri in any direction.

At Hiogo, (10) ten ri in any direction, that of Kioto

excepted, which city shall not be approached nearer than

(10) ten ri. The crews of vessels resorting to Hiogo shall not

cross the River Enagawa, which empties into the Bay

between Hiogo and Asaca. The distances shall be measured

inland from Goyoso, or town hall, of each of the foregoing

harbors, the ri being equal to (4,275) four thousand two

hundred and seventy-five yards, American measure.

At Nagasaki Americans may go into any part of the

imperial domain in its vicinity. The boundaries of Nee-e-

gata, or the place that may be substituted for it, shall be

settled by the American diplomatic agent and the govern-

ment of Japan. Americans who have been convicted of

felony, or twice convicted of misdemeanors, shall not go

more than (1) one Japanese ri inland from the places of

their respective residences, and all persons so convicted

shall lose their right of permanent residence in Japan, and

the Japanese authorities may require them to leave the

country.

A reasonable time shall be allowed to all such persons

to settle their affairs, and the American consular authority

shall, after an examination into the circumstances of each

case, determine the time to be allowed, but such time shall

not in any case exceed one year, to be calculated from the

time the person shall be free to attend to his affairs.

Article VIII

Americans in Japan shall be allowed the free exercise of

their religion, and for this purpose shall have the right to

Territorial Expansion, Political and Economic Developments, and International Relations 687

erect suitable places of worship. No injury shall be done to

such buildings, nor any insult be offered to the religious

worship of the Americans. American citizens shall not

injure any Japanese temple or mia, or offer any insult or

injury to Japanese religious ceremonies, or to the objects

of their worship.

The Americans and Japanese shall not do anything

that may be calculated to excite religious animosity. The

government of Japan has already abolished the practice of

trampling on religious emblems.

Article IX

When requested by the American consul, the Japanese

authorities will cause the arrest of all deserters and fugi-

tives from justice, receive in jail all persons held as prison-

ers by the consul, and give to the consul such assistance as

may be required to enable him to enforce the observance

of the laws by the Americans who are on land, and to main-

tain order among the shipping. For all such service, and for

the support of prisoners kept in confinement, the consul

shall in all cases pay a just compensation.

Article X

The Japanese government may purchase or construct in

the United States ships of war, steamers, merchant ships,

whale ships, cannon, munitions of war, and arms of all

kinds, and any other things it may require. It shall have

the right to engage in the United States scientific, naval

and military men, artizans of all kinds, and mariners to

enter into its service. All purchases made for the govern-

ment of Japan may be exported from the United States,

and all persons engaged for its service may freely depart

from the United States: Provided, That no articles that are

contraband of war shall be exported, nor any persons

engaged to act in a naval or military capacity, while Japan

shall be at war with any power in amity with the United

States.

Article XI

The articles for the regulation of trade, which are

appended to this treaty, shall be considered as forming a

part of the same, and shall be equally binding on both the

contracting parties to this treaty, and on their citizens and

subjects.

Article XII

Such of the provisions of the treaty made by Commodore

Perry, and signed at Kanagawa, on the 31st of March,

1854, as conflict with the provisions of this treaty are

hereby revoked; and as all the provisions of a convention

executed by the consul general of the United States and

the governors of Simoda, on 17th of June, 1857, are incor-

porated in this treaty, that convention is also revoked.

The person charged with the diplomatic relations of

the United States in Japan, in conjunction with such per-

son or persons as may be appointed for that purpose by

the Japanese government, shall have power to make such

rules and regulations as may be required to carry into full

and complete effect the provisions of this treaty, and the

provisions of the articles regulating trade appended there-

unto.

Article XIII

After the (4th of July, 1872) fourth day of July, one thou-

sand eight hundred and seventy-two, upon the desire of

either the American or Japanese governments, and on one

year’s notice given by either party, this treaty, and such por-

tions of the treaty of Kanagawa as remain unrevoked by

this treaty, together with the regulations of trade hereunto

annexed, or those that may be hereafter introduced, shall

be subject to revision by commissioners appointed on both

sides for this purpose, who will be empowered to decide

on, and insert therein, such amendments as experience

shall prove to be desirable.

Article XIV

This treaty shall go into effect on the (4th of July, 1859)

fourth day of July, in the year of our Lord one thousand

eight hundred and fifty-nine, on or before which day the

ratifications of the same shall be exchanged at the city of

Washington; but if, from any unforseen cause, the ratifica-

tions cannot be exchanged by that time, the treaty shall still

go into effect at the date above mentioned.

The act of ratification on the part of the United States

shall be verified by the signature of the President of the

United States, countersigned by the Secretary of State,

and sealed with the seal of the United States.

The act of ratification on the part of Japan shall be ver-

ified by the name and seal of his Majesty the Ty-Coon, and

by the seals and signatures of such of his high officers as he

may direct.

This treaty is executed in quadruplicate, each copy

being written in the English, Japanese, and Dutch lan-

guages, all the versions having the same meaning and

intention, but the Dutch version shall be considered as

being the original.

In witness whereof, the above named plenipoten-

tiaries have hereunto set their hands and seals, at the city

of Yedo, this twenty-ninth day of July, in the year of our

Lord one thousand eight hundred and fifty-eight, and of

the independence of the United States of America the

eighty-third, corresponding to the Japanese era, the nine-

teenth day of the sixth month of the fifth year of Ansei

Mma.

Townsend Harris [seal]

688 ERA 4: Expansion and Reform

Regulations under which American trade is to be con-

ducted in Japan

Regulation First

Within (48) forty-eight hours (Sunday excepted) after the

arrival of an American ship in Japanese port, the captain or

commander shall exhibit to the Japanese custom-house

authorities the receipt of the American consul, showing

that he has deposited the ship’s register and other papers,

as required by the laws of the United States, at the Amer-

ican 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 to be

a true statement, and shall be signed 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 con-

signed. A list of the stores of the ship shall be added to the

manifest. The captain or commander shall certify the man-

ifest 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 (24) twenty-four hours (Sundays excepted) without

the payment of any fee; but for any alteration or post entry

to the manifest made after that time, a fee of ($15) fifteen

dollars shall be paid. All goods not entered on the manifest

shall pay double duties on being landed. Any captain or

commander that shall neglect to enter his vessel at the

Japanese custom-house within the time prescribed by this

regulation shall pay a penalty of ($60) sixty dollars for each

day that he shall so neglect to enter his ship.

Regulation Second

The Japanese government shall have the right to place

custom-house officers on board any ship in their ports

(men-of-war excepted.) All custom-house officers shall be

treated with civility, and such reasonable accommodation

shall be allotted to them as the ship affords. No goods shall

be unladen from any ship between the hours of 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 the

hours of sunset and sunrise, by affixing seals, locks, or

other fastenings; and if any person shall, without due per-

mission, open any entrance that has been so secured, or

shall break or remove 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 ($60) sixty

dollars for each offence. Any goods that shall be dis-

charged 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 attempt to

defraud the revenue of Japan, by concealing therein arti-

cles of value which are not set forth in the invoice, shall be

forfeited.

American ships that shall smuggle, or attempt to

smuggle, goods in any of the non-opened harbors of Japan,

all such goods shall be forfeited to the Japanese govern-

ment, and the ship shall pay a fine of ($1,000) one thou-

sand dollars for each offence. 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 transhipped to

another vessel in the same harbor without the payment of

duty; but all transhipments shall be made under the super-

vision 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. The

importation of opium being prohibited, if any person or

persons shall smuggle, or attempt to smuggle, any opium,

he or they shall pay a fine of ($15) fifteen dollars for each

catty of opium so smuggled or attempted to be smuggled;

and if more than one person shall be engaged in the

offence, they shall collectively be held responsible for the

payment of the foregoing penalty.

Regulation Third

The owner or consignee of any goods, who desires to land

them, shall make an entry of the same at the Japanese cus-

tom-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 aggre-

gate 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 custom-house authori-

ties, and shall remain in their possession until they have

examined the goods contained in the entry.

Territorial Expansion, Political and Economic Developments, and International Relations 689

The Japanese officers may examine any or all of the

packages so entered, and for this purpose may take them

to the custom-house, but such examination shall be with-

out expense to the importer 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 such

goods have been delivered to him, he may notify the cus-

tom-house authorities of such damage, and he may have

the damaged goods appraised by two or more competent

and disinterested persons, who, after due examination,

shall make a certificate setting forth the amount per cent.

of damage on each separate package, describing it by its

mark and number, which certificates shall be signed by the

appraisers in presence of the custom-house authorities,

and the importer may attach the certificate 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 article fourth 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

ship-board. 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 pack-

ages, and the quantity, description, and value of their

contents. The exporter shall certify in writing that the

entry is a true account of all the goods contained therein,

and shall sign his name thereto. Any goods that are put on

board of a ship for exportation before they have been

entered at the custom-house, and all packages which con-

tain prohibited articles, shall be forfeited to the Japanese

government.

No entry at the custom-house shall be required for

supplies for the use of ships, their crews and passengers,

nor for the clothing, &c., of passengers.

Regulation Fourth

Ships wishing to clear shall give (24) 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 reasons

why the clearance is refused, and they shall also give the

same notice to the American consul.

Ships of war of the United States shall not be required

to enter or clear at the custom-house, nor shall they be vis-

ited by Japanese custom-house or police officers. Steamers

carrying the mails of the United States 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.

Whale ships 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 first.

The word ship, wherever it occurs in these regula-

tions, or in the treaty to which they are attached, is to be

held as meaning ship, barque, brig, schooner, sloop, or

steamer.

Regulation Fifth

Any person signing a false declaration or certificate with

the intent to defraud the revenue of Japan shall pay a fine

of ($125) one hundred and twenty-five dollars for each

offence.

Regulation Sixth

No tonnage duties shall be levied on American ships in the

ports of Japan, but the following fees shall be paid to the

Japanese custom-house authorities: For the entry of a ship

($15) fifteen dollars; for the clearance of a ship ($7) seven

dollars; for each permit ($1 1/2) one dollar and a half; for

each bill of health ($1 1/2) one dollar and a half; for any

other document ($1 1/2) one dollar and a half.

Regulation Seventh

Duties shall be paid to the Japanese government on all

goods landed in the country according to the following

tariff:

Class One.—All articles in this class shall be free of

duty.

Gold and silver, coined or uncoined.

Wearing apparel in actual use.

Household furniture and printed books not intended

for sale, but the property of persons who come to reside in

Japan.

Class Two.—A duty of (5) five per cent. shall be paid

on the following articles: All articles used for the purpose

of building, rigging, repairing, or fitting out of ships; whal-

ing gear of all kinds; salted provisions of all kinds; bread

and breadstuffs; living animals of all kinds; coals; timber

for building houses; rice; paddy; steam machinery; zinc;

lead; tin; raw silk.

Class Three.—A duty of (35) thirty-five per cent shall

be paid on all intoxicating liquors, whether prepared by

distillation, fermentation, or in any other manner.

Class Four.—All goods not included in any of the pre-

ceding classes shall pay a duty of (20) twenty per cent.

690 ERA 4: Expansion and Reform

All articles of Japanese production, which are

exported as cargo, shall pay a duty of (5) five per cent, with

the exception of gold and silver coin and copper in bars. (5)

Five years after the opening of Kanagawa the import and

export duties shall be subject to revision if the Japanese

government desires it.

Source:

Charles I. Bevans, comp. Treaties and Other Agreements of the

United States of America, 1776–1949. Washington, D.C.:

Government Printing Office, 1968–76.

The Slavery Debate and the Rights of Women 691

Liberator Editorial, 1831

Weekly antislavery newspaper published by militant American

abolitionist William Lloyd Garrison between January 1, 1831,

and December 29, 1865. This periodical, issued in Boston,

decried slavery as a national sin and promoted the immediate,

unconditional emancipation of slaves in the United States.

Although its paid circulation never exceeded 3,000 subscrib-

ers, the

Liberator

had a wide influence, persuading many

northern abolitionists to abandon proposals for more gradual,

compensated emancipation and encouraging southerners to

defend the institution of slavery. Few copies reached the South

between January and August of 1831. Nevertheless, when Nat

Turner instigated a rebellion that month in Virginia, southern-

ers blamed the

Liberator

. The paper ceased publication after

ratification of the Thirteenth Amendment, ending slavery. The

editorial below, from the paper’s first issue, illustrates the

anger, passion, and eloquence behind the movement.

________________________

_______________________

In the month of August, I issued proposals for publishing

‘The Liberator’ in Washington city; but the enterprise,

though hailed approvingly in different sections of the coun-

try, was palsied by public indifference. Since that time, the

removal of the ‘Genius of Universal Emancipation’ to the

Seat of Government has rendered less imperious the estab-

lishment of a similar periodical in that quarter.

During my recent tour for the purpose of exciting the

minds of the people by a series of discourses on the sub-

ject of slavery, every place that I visited gave fresh evi-

dence of the fact, that a greater revolution in public

sentiment was to be effected in the free States—and par-

ticularly in New England—than at the South. I found con-

tempt more bitter, opposition more active, detraction

more relentless, prejudice more stubborn, and apathy

more frozen, than among slave owners themselves. Of

course, there were individual exceptions to the contrary.

This state of things afflicted, but did not dishearten me. I

determined, at every hazard, to lift up the standard of

emancipation in the eyes of the nation, within sight of

Bunker Hill, and in the birth-place of liberty. That stan-

dard is now unfurled; and long may it float, unhurt by the

spoliations of time or the missiles of a desperate foe; yea,

till every chain be broken, and every bondman set free!

Let Southern oppressors tremble; let their secret abettors

tremble; let their Northern apologists tremble; let all the

enemies of the persecuted blacks tremble.

Assenting to the ‘self-evident truths’ maintained in the

American Declaration of Independence, ‘that all men are

created equal, and endowed by their Creator with certain

inalienable rights—among which are life, liberty, and the

pursuit of happiness,’ I shall strenuously contend for the

immediate enfranchisement of our slave population. In

Park Street Church, on the Fourth of July, 1829, in an

address on slavery, I unreflectingly assented to the popular

but pernicious doctrine of gradual abolition. I seize this

opportunity to make a full and unequivocal recantation,

and thus publicly to ask pardon of my God, of my country,

and of my brethren, the poor slaves, for having uttered a

sentiment so full of timidity, injustice and absurdity. A

similar recantation, from my pen, was published in the

‘Genius of Universal Emancipation,’ at Baltimore, in Sep-

tember, 1829. My conscience is now satisfied.

I am aware, that many object to the severity of my lan-

guage; but is there not cause for severity? I will be as harsh

as truth, and as uncompromising as justice. On this subject,

I do not wish to think, or speak, or write, with moderation.

No! no! Tell a man, whose house is on fire, to give a mod-

erate alarm; tell him to moderately rescue his wife from the

hands of the ravisher; tell the mother to gradually extricate

The Slavery Debate and the Rights of Women