Mr. Van Valkenburgh to Mr. Seward

No. 56.]

Sir: I have not yet received from the Japanese government the agreement and regulations they propose for the foreign settlement in this city. In my No. 43, of August 22d, I informed you that the site had been selected and that a hotel was in process of construction. The work is going on rapidly and the ground is being prepared previous to its occupation by foreigners. My colleagues and myself having had several interviews, have unanimously agreed to accept certain regulations, if proposed by the Japanese government, and that government has also assented to them, so we await now only their reception officially to approve of them. Enclosure No. 1 is a copy of the regulations in about the form they will be sent to us. I have not been able to procure the map referred to in the enclosure, but will forward one with the agreement when it shall have been concluded.

The port to be opened upon the west coast has not yet been fixed upon. The English and French ministers both strongly favor Neeëgata with an open harbor on the island of Sado, thirty-five miles distant. The Tycoon owns both this island ana the city of Neeëgata, while the other harbors on the west coast are all owned by princes or Daimios. The Japanese government urge the opening of Neeëgata not only as a matter of convenience to them, but to avoid difficulties with the Daimios, which would occur were they compelled to wrest a port from them for the benefit of foreigners. Upon the island of Sado are the gold mines of Japan, and should Neeëgata and a harbor on this island both be opened with steam communication between the two, more trade, of course, would be the result, especially as Neeëgata is the largest and most prosperous city on that sea-coast.

I am impressed with the importance of having some port opened by the 1st of January, not so much on account of trade, but to keep up the spiritof progress which is evidently abroad in this land. Therefore, rather than not to succeed in the opening of a port by the time indicated in the treaty, I may consent to Neeëgata, upon the condition that the harbor in Sado shall also be opened, a foreign settlement designated at both places with steam communication between them.

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.

Arrangements for the settlement of foreigners at Yedo.

1. Within the limits colored red in the annexed plan foreigners of all nations having treaties with Japan may hire or purchase houses or lease building land from any Japanese owning said houses or land and willing to hire, sell, or lease the same. The said foreigners and Japanese may make between themselves such engagements as they may please for the [Page 67] above purposes, without the interference of the Japanese officers; but all contracts for the hire or sale of houses, and all leases of land must be registered directly after they are made at the office of the Matsibujio in the Teppodru, and the consul of the nation to which the foreigner belongs.

2. Foreigners occupying houses or land within the said limits will pay land rent to the Japanese government, and will be liable to the same municipal charges as are paid by Japanese occupants within the said limits. The amount of such land rent and municipal charges will be formally notified by the Japanese government to the foreign representatives.

3. Before the 1st January, 1868, the Japanese government will clear the ground colored black and marked A A in the annexed plan, and will surround this site with a road not less than 40 feet in width. The ground in this site will be leased to foreigners in the manner provided in articles 6, 7, 8, and 9 of the arrangement for the establishment of foreign settlements at Hiogo and Osacca. In case more space should be required upon these terms, the Japanese government will extend this site by clearing and filling in the adjoining ground marked B B B on the annexed plan, which, in that case, will also be provided with a surrounding road of not less than 40 feet in width.

4. The Japanese government will see that the canals passing through the limits colored red in the annexed plan are thoroughly cleansed before the 1st January next, and are subsequently kept in good order.

5. The Japanese government undertake to erect on the ground marked C in the annexed plan a set of buildings adapted to the purposes of a foreign hotel. The buildings are to be constructed on a plan supplied by a foreign architect, and will be finished by the 1st January next. The management of the hotel will be in the hands of the Japanese.

6. The Japanese government will establish an office for the inspection of goods and a bonded warehouse at the point marked D on annexed plan, and will construct at the same point a convenient wharf, at which all merchandise belonging to foreigners must be landed or shipped. All import and export duties on goods landed or shipped at Yedo will be paid at Yokohama, and any attempt to evade payment of duties at the latter place will be dealt with in accordance with the treaty and regulations of trade. As Yedo is not an open port no merchant vessels of any nation will be allowed to anchor in Yedo bay.

7. On the opening of Yedo to trade, guards will not accompany foreigners when they go out; but as it would be unsafe for foreigners to pass beyond the limits colored red in the annexed plan after nightfall without a guard, the Japanese officers will furnish one in case of emergency, or on the written requisition of a diplomatic or consular authority.

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 must be provided with a passport from the consular authority of his nation at Yokohama, which must be vised by the governor of Kanagawa, and must be produced when demanded by the Japanese officers at the Sogo river, or on landing at Yedo.