The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-15


Treaty Nulllficd Already
We publish elsewhere an interesting cores
pondence between the Governor of Simoda, in !
Japan, several American citizens temporarily |
residing at that place, and Commander Rodg- |
ers, Of the United States surveying expedi-
tion. Some months ago, the American vessel
c. e. Foote sailed from the Sandwich Islands
for Simoda. After arriving there, she was
chartered by Russian Admiral to convey
home the crew'o of the Russian vessel Dwina,
lately wrecked in that port. On this, II. II.
Doty and two other Americans, with their
families, landed from the c. E. Foote, and took
up their abode at the Yokusheu Temple, one
Of the buildings set apart by the late treaty
for the temporary residence" of foreigners
until hotels shall have been built. After re-
manning there unmolested for several days, on
the Esd April last they we're notified by the
Japanese authorities that they could not be
allowed to reside there. Mr.. Doty and his
friends appealed to the treaty, but the Japa-
nese refused to listen to his reasoning, and only
granted as favor that he should be suffered
to remain where he was for "a reasonable
time" in the hope of the return of the G. e.
Foote, after the expiration of which period ne
was TO be shipped off on board the first ship
which passed that way. The Americans appeal
ed to Commander Rodgers, and that officer
communicated with the Governor of Simoda,
arguing that the clause of the treaty
gu aranteeing temporary residence" to
Americans in Japan would be violated if the
Japanese expelled Doty and his companions.
They replied that, according to their views,
the temporary residence" conceded by the
treaty ought not to exceed q period of from
''fve to seven days, or at most few months"
In fine, after long discussion, the Americans
were forced to leave, having incurred heavy
losses on the goods they had taken with them,
and seen their plans frustrated by this unex-
pected decision Of the Japanese government.
The point at issue between them aud the
Emperor of Japan is very simple indeed. By
the treaty of Kanagawa, article fifth, it was
provided that Z" shipwrecked mariners and
other citizens Of the United States temporarily
living at Simoda and Hakodadi shall not be
subject to such restrictions and confinement as
the Dutch and Chinese are in Naugasaki," &c.
This article has been interpreted in this coun-
try as implying permission to American citi-
zens to ''rcside temporarily" at the places men
toned; and the word temporary" has been
understood as covering any indefinite period
of time. The Japanese, on the contrary, seem
to have meant, when they spoke of temporary
residence, that the Americans should be at
liberty to land for the purpose Of taking in
coal, water or wood, and remain on shore long
enough to perform these operations, but no
longer.
It is obvious that the former acceptation is
the only one under which the treaty would
possess any real value to the commercial in
terests Of the United States. 1t appears that
ship stores such as heavy chains, cordage,
tar, sails, pork, beef, and most of the articles
comprised in the term ship chandlery--are
not to be bought in Japan. If American YES
sells are to trade thither, these commodities
must be sent to Simoda and the other trading
ports, and held there for sale; and hence there
must be Americans residing there for long
consecutive period of time, to sell them. This
is too clear for argument.
The gentlemen whose mercantile schemes
have been SO Unexpectedly foiled have re turn
ed to San Francisco in no good humor with
the Japanese. They accuse them Of wantonly
violating treaty which they made in bad
faith. If any charge of the kind can be sub.
stantiated it will be well for the government
not to let slip the opportunity to teaching the
Japanese that the United States are not to be
trifed with. At the same time, it is due to
justice TO say that the treaty is fairly suscept-
BILE of the Interpretation placed upon it by the
Governor Of Simoda. Reading it by the light
Of the histories Of Japan, it would seem natural
to construe it in the most restricted sense. We
cannot take for granted that so exclusive q
people conceded hairs breadth the more
than appears openly on the face of the bond.
II, therefore, it should appear that the recent
difficulty is nothing more than misunder-
standing, and that the Japanese never intend
ed to allow Americans to open stores at Simo-
da, the work lately achieved will have to be
commenced anew. Another Japan expedition
will need to be fitted out; and it is to be hoped
that the duty of concluding new treaty will
be entrusted to some one who will not perform
the work in 70 slovenly manner as to leave
room for misunderstanding on SO capital a
point as the residence of commercial agents at
the japanese ports.
The Russian government have just conclud-
ed a treaty with Japan. On behalf of the
government of Great Britain treaty has been
negotiated, and now awaits ratification. French
agents have likewise opened negotiations, and
are in fair way TO conclude satisfactory
treaty. Thus, through the bungling of the
parsonage to whom this government entrusted
the matter, instead Of being the first, the United
States will really be the fourth nation to
commence an intercourse with Japan.
Whatever is done, should be done quickly.
II the Japanese have been guilty of wrong,
they should be sharply held to account 1t
should be remembered that tenderness on
email scale is certain to prove the worst kind
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