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sented to the custom-house authorities, and shall remain in their possession until they have examained the goods contained in the entry.
The Japanese officers may examine any or all of the packages so entered, and for this purpose may take them to the custom-house, but such examination shall be without expense to the importer or injury to the goods, and after examination, the Japanese shall restore the goods to their original condition in the packages, (so far as may be practicable,) and such examination shall be made without any unreasonable delay.
If any owner or importer discovers that his goods have been damaged on the voyage of importation before such goods have been delivered to him, he may notify the custom-house authorities of such damage, and he may have the damaged goods appraised by two or more competent and disinterested persons, who, after due examination, shall make a certificate setting forth the amount per cent. of damage on each separate package, describing it by its mark and number, which certificates shall be signed by the appraisers in presence of the custom-house authorities, and the importer may attach the certificate to his entry, and make a corresponding deduction from it. But this shall not prevent the custom-house authorities from appraising the goods in the manner provided in article fourth of the treaty, to which these regulations are appended.
After the duties have been paid, the owner shall receive a permit authorizing the delivery to him of the goods, whether the same are at the custom-house or on ship-board. All goods intended to be exported shall be entered at the Japanese custom-house before they are placed on ship-board. The entry shall be in writing, and shall state the name of the ship by which the goods are to be exported, with the marks and numbers of the packages, and the quantity, description and value of their contents. The exporter shall certify in writing that the entry is a true account of all the goods contained therein, and shall sign his name thereto. Any goods that are put on board of a ship for exportation before they have been entered at the custom-house, and all packages which contain prohibited articles, shall be forfeited to the Japanese government.
No entry at the custom-house shall be required for supplies for the use of ships, their crews and passengers, nor for the clothing, &c., of passengers.
Ships wishing to clear shall give (24) twenty-four hours' notice at the custom-house, and at the end of that time they shall be entitled to their clearance; but if it be refused, the custom-house authorities shall immediately inform the captain or consignee of the ship of the reasons why the clearance is refused, and they shall also give the same notice to the American consul.
Ships of war of the United States shall not be required to enter or clear at the custom-house, nor shall they be visited by Japanese customhouse or police officers. Steamers carrying the mails of the United States may enter and clear on the same day, and they shall not be required to make a manifest, except for such passengers and goods as are to be landed in Japan. But such steamers shall, in all cases, enter and clear at the custom-house.
Whale ships touching for supplies, or ships in distress, shall not be required to make a manifest of their cargo; but if they subsequently wish to trade, they shall then deposit a manifest, as required in regulation first.
The word ship, wherever it occurs in these regulations, or in the treaty to which they are attached, is to be held as meaning ship, bark, brig, schooner, sloop or steamer.
Any person signing a false declaration or certificate, with the intent to defraud the revenue of Japan, shall pay a fine of ($125) one hundred and twenty-five dollars for each offence.
No tonnage duties shall be levied on American ships in the ports of Japan, but the following fees shall be paid to the Japanese custom-house authorities: For the entry of a ship, ($15,) fifteen dollars. For the clearance of a ship, ($7,) seven dollars. For each permit
, ($17,) one dollar and a half
. For each bill of health, ($11,) one dollar and a half. For any other document, ($11,) one dollar and a half.
Duties shall be paid to the Japanese government on all goods landed in the country according to the following tariff:
Class One.—All articles in this class shall be free of duty. Gold and silver coined or uncoined. Wearing apparel in actual use. Household furniture and printed books not intended for sale, but the property of persons who come to reside in Japan.
Class Two.—A duty of (5) five per cent. shall be paid on the following articles :
All articles used for the purpose of building, rigging, repairing or fitting out of ships. Whaling gear of all kinds. Salted provisions of all kinds. Bread and breadstuffs. Living animals of all kinds. Coals. Timber for building houses. Rice. Paddy. Steam machinery. Zinc. Lead. Tin. Raw silk.
Class Three.-A duty of (35) thirty-five per cent shall be paid on all intoxicating liquors, whether prepared by distillation, fermentation or in any other manner.
Class Four.--All goods not included in any of the preceding classes shall pay a duty of (20) twenty per cent.
All articles of Japanese production, which are exported as cargo, shall pay a duty of (5) five per cent., with the exception of gold and silver coin and copper in bars. (5) Five years after the opening of Kanagawa the import and export duties shall be subject to revision if the Japanese government desires it.
TOWNSEND HARRIS. (L. S.
II. CONVENTION with PARAGUAY.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
WHEREAS a convention relating to the claims of the “United States and Paraguay Navigation Company," against the Paraguayan government, was concluded between the United States of America and the Republic of Paraguay, and was signed by their respective plenipotentiaries at Asuncion on the fourth day of February, one thousand eight hundred and fifty-nine, the original of which convention being in the English and Spanish languages, is, word for word, as follows:
Special convention between the United States of America and the Republic of Paraguay, relating to the claims of the United States and Paraguayan Navigation Company" against the Paraguayan government.
His Excellency the President of the United States of America and his Excellency the President of the Republic of Paraguay, desiring to remove every cause that might interfere with the good understanding and harmony, for a time so unhappily interrupted between the two nations, and now so happily restored, and which it is so much for their interest to maintain ; and desiring for this purpose to come to a definite understanding, equally just and honorable to both nations, as to the mode of settling a pending question of the said claims of the “United States and Paraguay Navigation Company”—a company composed of citizens of the United States-against the government of Paraguay, have agreed to refer the same to a special and respectable commission, to be organized and regulated by the convention hereby established between the two high contracting parties; and for this purpose they have appointed and conferred full powers, respectively, to wit:
His Excellency the President of the United States of America upon JAMES B. Bowlin, a Special Commissioner of the said United States of America, specifically charged and empowered for this purpose ; and his Excellency the President of the Republic of Paraguay upon Señor NicoLAS Vasquez, Secretary of State and Minister of Foreign Affairs of the said Republic of Paraguay, who, after exchanging their full powers, which were found in good and proper form, agreed upon the following articles:
ARTICLE I. The government of the Republic of Paraguay binds itself for the responsibility in favor of the “ United States and Paraguay Navigation Company,” which may result from the decree of commissioners, who, it is agreed, shall be appointed as follows.
ARTICLE II. The two high contracting parties, appreciating the difficulty of agreement upon the amount of the reclamations to which the said company may be entitled, and being convinced that a commission is the only equi. table and honorable method by which the two countries can arrive at a perfect understanding thereof, hereby covenant to adjust them accordingly by a loyal commission. To determine the amount of said reclamations it is therefore agreed to constitute such a commission, whose decision shall be binding, in the following manner:
The government of the United States of America shall appoint one commissioner, and the government of Paraguay shall appoint another; and these two, in case of disagreement, shall appoint a third, said appointment to devolve upon a person of loyalty and impartiality, with the condition that, in case of difference between the commissioners in the choice of an umpire, the diplomatic representatives of Russia and Prussia, accredited to the government of the United States of America, at the city of Washiogton, may select such umpire. VOL. XLV.-NO. II.
The two commissioners named in the said manner shall meet in the city of Washington, to investigate, adjust and determine the aniount of the claims of the above-mentioned company, upon sufficient proofs of the charges and defences of the contending parties.
ARTICLE III. The said commissioners, before entering upon their duties, shall take an oath before some judge of the United States of America that they will fairly and impartially investigate the said claims, and a just decision thereupon render, to the best of their judgment and ability.
ARTICLE IV. The said commissioners shall assemble, within one year after the ratification of the treaty of friendship, commerce and navigation” this day celebrated at the city of Assumption, between the two high contracting parties, at the city of Washington, in the United States of America, and shall continue in session for a period not exceeding three months, within which, if they come to an agreement, their decision shall be proclaimed ; and in case of disagreement, they shall proceed to the appointment of an umpire, as already agreed.
ARTICLE V. The government of Paraguay hereby binds itself to pay to the government of the United States of America, in the city of Assumption, Paraguay, thirty days after presentation to the government of the republic, the draft which that of the United States of America shall issue for the amount for which the two commissioners concurring, or by the umpire, shall declare it responsible to the said company.
ARTICLE VI. Each of the high contracting parties shall compensate the commissioner it may appoint the sum of nioney he may stipulate for his services, either lıy instalments or at the expiration of his task. In case of the appointment of an umpire, the amount of his remuneration shall be equally borne by both contracting parties.
ARTICLE VII. The present convention shall be ratified within fifteen months, or carlier if possible, by the government of the United States of America, and by the President of the Republic of Paraguay, within twelve days from this date. The exchange of ratifications shall take place in the city of Washington.
In faith of which, and in virtue of our full powers, we have signed the present convention in English and Spanish, and have hereunto set our respective seals.
Done at Assumption this fourth day of February, in the year of our Lord one thousand eight hundred and fifty-nine, being the eighty-third year of the independence of the United States of America, and the forty-seventh of that of Paraguay.
James B. Bowlin,
SEAL.] Nicolas VASQUEZ. SEAL.
III. TREATY WITH PARAGUAY.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
WHEREAS a treaty of friendship, commerce and navigation, between the United States of America and the Republic of Paraguay, was concluded and signed by their respective plenipotentiaries, at Asuncion, on the fourth day of February, one thousand eight hundred and fifty-nine, the original of which treaty being in the English and Spanish languages, is, word for word, as follows:
A treaty of friendship, commerce and navigation between the govern. ments of the United States of America and of the Republic of Paraguay, concluded and signed in the city of Assumption, the capital of the Republic of Paraguay, on the fourth day of February, in the year of our Lord one thousand eight hundred and fifty-nine, the eighty-third year of the independence of the United States of America, and the forty-seventh of that of the Republic of Paraguay.
In the name of the Most Holy Trinity! The governments of the two republics, the United States of America and of Paraguay, in South America, being mutually disposed to cherish more intimate relations and intercourse than those which have heretofore subsisted between them, and believing it to be of mutual advantage to adjust the conditions of such relations by signing a treaty of friendship, commerce and navigation,” for that object have nominated their respective plenipotentiarics, that is to say: His Excellency the President of the United States of America has nominated James B. Bowlin a Special Commissioner of the United States of America, at Assumption, and His Excellency the President of the Republic of Paraguay has nominated the Paraguayan citizen, Nicolas VASQUEZ, Secretary of State and Minister of Foreign Relations of the Republic of Paraguay, who, after having communicated competent authorities, have agreed upon and concluded the following articles :
ARTICLE I. There shall be perfect peace and sincere friendship between the government of the United States of America and the government of the Republic of Paraguay, and between the citizens of both States, and without exception of persons or places. The high contracting parties shall use their best endeavors that this friendship and good understanding may be constantly and perpetually maintained.
ARTICLE II. The Republic of Paraguay, in the exercise of the sovereign right which pertains to her, concedes to the merchant flag of the citizens of the United States of America the free navigation of the river Paraguay, as far as the dominions of the Empire of Brazil, and of the right side of the Paraná, throughout all its course belonging to the republic, subject to police and fiscal regulations of the supreme government of the republic, in conformity with its concessions to the commerce of friendly nations. They shall be at liberty, with their ships and cargoes, freely and securely to