The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-16

TROUBLE IN Observation-Disclosures OF THE
TREATY.-We published in yesterdays
HERALD full particulars in regard to the re
fusal of the Governors of Simoda and Hako-
dadi to allow American citizens to reside in
these ports. The question of right has arisen
from the fact of two gentlemen-Messrs. Reed
and Dougherty-having undertaken to estab-
lish business house there, and having insisted
before the Japanese authorities on their right
under the treaty, so to do. The correspon-
dence which took place between them and the
Governors, and between Commander Rodgers
and the Governors which we published
yesterday-embraces all the points on which
either party relies for the principle which it
seeks to maintain.
To enable the community to form a correct
Judgment on the merits Of the controversy, we
publish to-day the text of the treaty. The
article whose meaning is in dispute is the
fifth This provides for the security and per-
sonal freedom of " shipwrecked men and other
citizens of the United States temporarily re-
siding at Simoda and Hakodad." The par
ties specially interested in the question claim
that under this CLAUSE of temporary residence
they have q right to remain there as long as
they choose, and carry on business unmolested.
The Japanese, on the other hand, insist that
temporary residence must have some limit /;
that it cannot be extended ad Hbitun; and that,
in fine, it means days, weeks, or months. They
have no objection to give license to Americans
| to remain for a certain period so limited, but
object to the construction sought to be practi-
cally given to the article by Messrs. Reed and
Dougherty.
Now, it is plain that the solution of the diff
dering of the words which we have quoted ;
and that is thing to be settled between the
two governments. Possibly, on the arrival
out Of Mr.. Harris, the United States Commits
sioner to Japan, the matter may be adjusted
by his endorsing the construction given to the
treaty by that government. But possibly not ;
and then IL becomes question--as it is now
for public discussion aud final decision Our
own impression is that the Japanese have rea
son on their side. We know that if there is
one principle which, more than another, per-
Eneates and governs Japanese habits OF thought
and action, il is jealousy of foreigners aud
tf2conquerable aversion to allow them foot
ing in the country. And that principle was
in active operation even at the time the treaty
was signed. That fact once conceded, Il fol-
lows that the fifth article was merely intended
to apply TO shipwrecised men and such chance
American citizens as circumstances might
cause to seek shelter there. The platform
on which the negotiations were conducted
susiains ina, view |; for IL " therein stated by
the Imperial Commissioner, on the point in
question, that the urgency OF having port of
shelter there is admitted, and that they should
entirely comply with the proposition of the
American government concerning wood. water.
provisions and che saving Of ships and their
crews in distress. But there is nothing in all
this in the treaty, or in the preliminary nego-
Sations, which goes at all to give color of right
ts the principle contSnded for by Messrs. Reed
and Dougherty.
re admit that If tie japanese in,erprcta-
ton IL established, the treaty secures very few
advantages to the United States, and that, as
the matter now stands. those splendid visions
Of Eastern trade and commerce which were so
eagerly iasulged in at the time of forming the
treaty, turn cut to be mere moonshne But |
of course We cannot dispute the right of |
nation 20 reject osertures as to the opening of |
commerce, or to refuse residence to foreigners;
and Il the japanese are stupid enough to ex- !
,rcise that natural right. we have no remedy |
Tut 10 submit. If the treaty be officially con- !