Mr. Van Valkenburgh to Mr. Seward

No. 69.]

Sir: With reference to the opening of the city of Yedo on the 1st day of January next, I have the honor to enclose, No. 1, copy of a communication from the minister for foreign affairs, received by me on the 27th November, asking a postponement of such opening until the 1st day of April next. Such a delay in the opening of this city had been previously considered by my colleagues and myself. the representatives of France, Great Britain, and Prussia, (the representative of Holland being absent from Yedo,) and we had unanimously agreed that it was prudent to assent to it, provided the Japanese government should ask it, as it seemed probable it would.

The principal reasons which induced this unanimous conclusion among ourselves, were as follows:

1. The great change which the form of government of this Empire is now undergoing renders the officials and the people uneasy and suspicious. The affairs of the nation are quite unsettled, and we are all uncertain whether war or peace is to be the order.

2. The impossibility of protecting our citizens at Osacca, Hiogo, and Yedo, if all these ports and cities were to be opened upon the same day.

3. The preparations making by the Japanese government for the occupation of the site set apart for foreigners, although in a state of forwardness, cannot be completed by the 1st of January, and the opening on that day would result in putting our countrymen to much trouble and many discomforts, aside from the personal danger to which they would be subject.

I enclose, No. 2, copy of the “Arrangements for the settlement of foreigners at Yedo;” also a copy of the “Regulations for the establishment of a tow-boat, lighter, and passage-boat service between Yedo and Yokohama,” both of which having been discussed in several meetings of my colleagues and myself, together with commissioners appointed by the Japanese government for that purpose, were finally agreed upon on the 26th day of November.

I also enclose, No. 3, copy of a notice I deemed best to issue on this subject.

I trust my action in this matter will meet with the approval of the President and yourself.

I have the honor to be, sir, your most obedient servant,

R. B. VAN VALKENBURGH.

Hon. William H. Seward Secretary of State, Washington, D. C.

[Translation.]

I have the honor to make the following communication to your excellency:

I have to-day transmitted to you two copies of the regulations as agreed upon, under which the city of Yedo was to be thrown open to foreigners for purposes of trade only, on the 7th day of the 12th month, (January 1, 1868,) according to the treaties. In those regulations it is agreed that the hotel for foreigners shall be built and the ground set apart for their use shall be prepared by the day above named. I regret that it is not possible to do all these things before the 1st day of January.

I do not think that in the present state of affairs, and under the circumstances, it would be expedient to open Yedo and Osacca at the same time, and I therefore suggest that the opening of the city of Yedo be postponed until the 1st of April, 1868, at which time all the preparations can be completed, and to accomplish this the Japanese government will use every means in its power.

Should you agree to this proposal I will issue to the people a proclamation of which I enclose a copy.

With respect and consideration,

OGASAWARA IKI NO KAMI.

His Excellency R. B. Van Valkenburgh, Minister Resident of the United States of America.

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[Translation.]

Proclamation.

We have proclaimed that the city of Yedo would be opened for trade with foreigners on the 7th day of 12th month, (January 1, 1868,) but as this will not be expedient, we have agreed with the ministers of foreign powers to postpone it until the 9th day of the 3d month of next year, (April 1, 1868.)

ARRANGEMENTS FOR THE SETTLEMENT OF FOREIGNERS AT YEDO.

Article 1. Within the limits colored red in the annexed plan foreigners of nations having treaties with Japan may hire houses and reside for purposes of trade. But no Japanese shall be compelled to rent any buildings to foreigners within the said limits against his will. Moreover, as the Japanese government are willing that foreigners of those nations having treaties with Japan should enjoy at Yedo the same facilities for leasing ground and building houses that are secured to them by treaty at the ports, the Japanese government are prepared to lease to foreigners for building purposes that portion of land on the same plan which is colored blue.

Art. 2. Whenever the above named building ground shall have been occupied by foreigners, and more space is required for their use, the Japanese government will prepare the adjoining space, marked A A on the same plan, which in that case will be provided with a surrounding road of not less than forty feet in width. Should more land be subsequently required, the above named building ground will be further extended, as may from time to time be desirable, within the limits colored red.

Art. 3. Before the opening of the city to foreign trade the Japanese government will clear the ground colored blue in the same plan, and will surround it with a road, which shall be properly drained, of not less than 40 feet in width. The ground within this site not required for roads will be leased to foreigners in the manner provided in articles 6, 7, 8, and 9 of the arrangements for the formation of foreign settlements at Hiogo and Osacca.

Art. 4. The Japanese government will see that the canals passing through the limits colored red are cleared before the opening of the city to foreign trade, and are subsequently kept in good order. All expenses connected with the cleansing of these canals will be borne by the Japanese government.

Art. 5. The Japanese government engage to push on with all the expedition possible the foreign hotel which is being built on the site marked B in the same plan, with a view to its being completed before the opening of the city to foreign trade. The management of the hotel will be in the hands of Japanese.

Art. 6. The Japanese government will construct at the point marked C a convenient landing place, to be provided with suitable sheds, at which all goods belonging to foreigners must be landed or shipped. As Yedo, however, is not an open port, no foreign merchant vessel can anchor there, and all goods belonging to foreigners must be entered at the custom house at Yokohama, according to the regulation of trade attached to the treaties, and must pay duty there, or at some other open port, before they can be imported into Yedo. For the present, also, and until it shall be found convenient to collect export duties on foreign trade at Yedo, all goods exported from that city by foreigners must be cleared from and pay duty at the custom house at Yokohama, before they can be shipped on board any foreign vessel at that port.

Art. 7. Lighters, tow-boats, and passage-boats, propelled by steam or sails, and belonging to foreigners, may ply between Yedo and Yokohama for the conveyance of cargo and passengers, under the regulations annexed to this agreement, and subject to the provisions of the regulations of trade attached to the treaties.

Art. 8. In order to give due effect to the provisions of the treaties which relate to the residence of foreigners at Yedo, every foreigner coming to Yedo, unless he be an officer of a foreign government, and in uniform, must be furnished with a passport from the consular authority of his nation at Yokohama, which must be vised by the governor of Kanagawa. Persons coming from Yokohama by land will be required to show their passports at the ferry at Kawasaki, while those coming by sea will have to exhibit them on arriving off the forts at Yedo. Any person, other than an officer as above named, arriving at Yedo without a passport, may be arrested and conveyed before his consul.

Art. 9. Foreign lighters, tow-boats, and passage-boats, and all other foreign boats, with the exception of those belonging to vessels of war, will be required on arriving off Yedo to enter by the channel between the two forts marked with white beacons. Each boat must stop or heave to on passing between these forts, in order that it may be boarded by a Japanese officer. The master of each foreign boat must deliver to the boarding officer a list of all the passengers on board, and each foreign passenger must exhibit his passport to the boarding officer, if the latter requires him to do so.

Art. 10. The Japanese government undertake to lay down marks or buoys in the above named channel, from its entrance at the two said forts to the foreign settlement.

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Art. 11. Foreigners living at Yedo shall be free to go where they please, within the following boundaries, namely :

The Shintonegawa, (Yedo gawa) from its mouth as far as the guard house at Kanawachi. From Kanawachi to Senji by the Mito road. From Senji along the course of the Funitagawa to Furaga no Kamigô. From the latter place a line drawn through the following villages :

Omuro, Takakura, Koyata, Ogiwara, Migodera, Ishibatake, Mitsugi, and Tauaka to Hino. From Hino to the mouth of the Tamagawa. No obstruction shall be opposed to the free circulation of foreigners, either by land or water, in every part of the city of Yedo open to the Japanese public.

REGULATIONS FOR THE ESTABLISHMENT OF A TOWBOAT,LIGHTERANDPASSAGE-BOAT SERVICE BETWEEN YEDO AND YOKOHAMA.

1st. No foreign lighter, towboat or passage-boat may ply between Yedo and Yokohama, unless furnished with a license by the Japanese authorities.

2d. Whenever application is made for a license, the governor of Kanagawa and the consul of the nation to which the boat belongs shall consider the application and determine whether a license shall be granted. Each license must be signed by the governor and countersigned by the consul, and must contain a full description of the boat, in their respective languages.

3d. Each license must be cancelled or renewed as the governor and consul may determine at the expiration of each year, and a fee of one ichibu per ton measurement, payable to the Japanese government, will be charged on the issue or renewal of each license.

4th. No license shall be issued to any foreign boat or vessel drawing more than six feet of water when loaded, and no boat or vessel thus licensed may discharge or take in cargo or passengers outside the forts at Yedo, except under unusual circumstances, and by special written permission from the Japanese authorities.

5th. The Japanese government may put custom-house officers on board any licensed boat, whenever they may think proper, or may appoint officers to accompany the said boats on the passage between Yedo and Yokohama.

6th. All goods taken on board a licensed boat at Yokohama must be accompanied by duty-paid or duty-free certificates, and all goods landed at Yedo without such certificates will be liable to seizure and confiscation.

7th. A licensed boat may only take in and discharge goods at Yedo and Yokohama at the wharves indicated by Japanese authorities, or by means of boats authorized for the purpose by the Japanese government.

8th. No licensed boat may be employed in any other way than for the conveyance of goods and passengers or the towage of licensed boats between Yedo and Yokohama, nor may they communicate with any other place, or with any native or foreign vessel, on the passage.

9th. The foreign crews of licensed boats or vessels, with the exception of the masters, will not be allowed to land at Yedo.

10th. Any breach of these regulations, or of any other regulations that may subsequently be made on this subject, may be punished by forfeiture of license in addition to such penalty as may be imposed by the consul of the nation to which the boat belongs, under the powers vested in him by his government for securing the observance of treaties and conventions by his countrymen.

[Untitled]

Citizens of the United States are informed that in conjunction with my colleagues, I have made arrangements with the Japanese government by which the city of Yedo, the town of Neegata on the west coast, and the harbor of Ebisuminato, on the island of Sado, will be opened to them for trade and residence, pursuant to treaty stipulations, on the first day of April next.

R. B. VAN VALKENBURGH, Minister Resident of the United States in Japan.