392 



EXPEDITION TO JAPAN. 



five or ten days, or, at the utmost, a few months. Unless I will consent to his definition, by asking for some short definite 

 period, after which you may be sent away, he utterly refuses to permit you to sleep on shore a single night. I have replied that 

 I dare not define temporary residence in other than the usual manner. That if two governments, in their wisdom, preferred to 

 give you permission to " live temporarily" in Hakodadi, I would not so circumscribe the meaning of the treaty. 



" I apprehend no ditficulty in obtaining permission for you to live for a few months in Hakodadi ; but I must say how long you 

 may remain. After the time expires, the Japanese will consider that you cease to be temporary residents, and that you 

 commence to live permanently. If permanent residence is not in the treaty, they will then have a right to send you away. 

 1 have been officially informed of the fact, and, therefore, say to you officially that the government of Japan will not suffer you 

 to sleep a night on shore while I persist in claiming temporary residence to mean an indefinite period of time. 



" If the government of the United States decides that the treaty has been broken to your prejudice, I believe it will demand 

 the proper redress for you. Should the government decide that the Japanese are right, your coming here was rash." 



Subsequently Messrs. Reed and Dougherty, with their families, left Simoda in their schooner, and proceeded to Hakodadi, 

 arriving at that port eight days after the arrival of the Vincennes, and being the first American merchant vessel which had 

 entered the port under the treaty. In fact the port had but just been opened. Mr. Doty states that they " were refused 

 permission to land, and ordered away." 



These seem to be substantially the facts connected with the voyage of the Foote, and it will be perceived, that the question 

 involved in them is one of interpretation of the treaty merely. The conduct of the Japanese at Simoda certainly showed no 

 unwillingness to comply with the treaty stipulations, for everything they did was performed by reason of the treaty, and, but 

 for its existence, would not iiave been performed at all. The only question raised by them was whether the treaty, by 

 ■ 'temporary residence," meant a residence which might be made "permanent" by continuance for an indefinite period- 

 As to Hakodadi, it must be remembered that the port is at a long distance from the capital on the island of Nippon, being, 

 in truth, on another island, (Jesso,) and ordinarily has but little communication with its more populous neighbor. Tlie 

 authorities at Hakodadi did not refuse to let the Americans land — for under the treaty they had a riglit to do this for "temporary 

 residence " — but asked them to name, before landing, some definite period which should be considered as being " temporary " 

 in the sense of the treaty. They did, however, object to Americans coming on shore, with their wives and children, to live at 

 Hakodadi as long as they pleased, just as a Japanese would live there ; they did object to their opening a warehouse and making 

 a permanent depot of supply, and establishing a commercial house in Japan, as our merchants do in China ; and it will probably 

 be conceded, after reading the conferences of negotiation which we have detailed, that they never meant to bind themselves by 

 the treaty to the concession of such privileges. If they did not, and if, as at Simoda, they carried out all their stipulations 

 touching the temporary sojourn and personal comfort of our countrymen, then it would seem they are not chargeable with any 

 wilful breach of faith. Some may think they misinterpret as to the extent of what they did concede ; but this, as Commander 

 Rogers very truly said, is a point wliich can be settled only by the two governments. One thing seems very certain from the 

 records of the negotiation, that botli Commodore Perry and the Japanese commissioners supposed that the treaty they were 

 making was but " a beginning " of friendly relations, and a partial agreement for trade ; but neither party could have believed 

 they were framing a general " commercial treaty," inasmuch as the Japanese had, in the beginning, expressly declined to enter 

 into such a compact. It is understood, though we know not that the fact has been officially promulgated, that the iuterpretatiou 

 of the treaty by our government agrees with that of the Japanese. 



Tedo and Simoda dogs preijeated to Commodore M. C. Perry by the Japanese commissioner!. 



