Chapter 29

After the feast, which passed pleasantly and convivially, compliments being freely exchanged, and healths drunk in Liliputian cups of sake, the commissioners expressed great anxiety about the proposed visit of the Commodore to Yedo. They earnestly urged him not to take his ships any farther up the bay, as they said it would lead to trouble by which the populace might be disturbed and their own lives perhaps jeoparded. The Commodore argued the matter with them for some time, and, as they still pertinaciously urged their objections to his visit to the capital, it was agreed that the subject should be further discussed by an interchange of notes. The meeting then broke up.

When it was determined by our Government to send an expedition to Japan, those in authority were not unmindful of the peculiar characteristics of that singular nation. Unlike all other civilized peoples, it was in a state of voluntary, long-continued, and determined isolation. It neither desired nor sought communication with the rest of the world, but, on the contrary, strove to the uttermost to prevent it. It was comparatively an easy task to propose, to any Power the ports of which were freely visited by ships from every part of the world, the terms of a commercial treaty. But not so when, by any Power, commerce itself was interdicted. Before general conditions of commerce could be proposed to such a Power, it was necessary to settle the great preliminary that commerce would be allowed at all. Again, if that preliminary was settled affirmatively, a second point of great moment remained to be discussed, viz., to what degree shall intercourse for trading be extended? Among nations accustomed to the usages of Christendom, the principles and extent of national comity in the interchanges of commercial transactions have been so long and so well defined and understood that, as between them, the term "commercial treaty" needs no explanation; its meaning is comprehended alike by all, and in its stipulations it may cover the very broad extent that includes everything involved in the operations of commerce between two maritime nations. But in a kingdom which, in its polity, expressly ignored commerce and repudiated it as an evil instead of a good, it was necessary to lay the very foundation as well as to adjust the terms.

Hence the instructions to Commodore Perry covered broad ground, and his letters of credence conformed to his instructions. If he found the Japanese disposed to abandon, at once and forever, their deliberately adopted plan of non-intercourse with foreigners (an event most unlikely), his powers were ample to make with them a commercial treaty as wide and general as any we have with the nations of Europe. If they were disposed to relax but in part their jealous and suspicious system, formally to profess relations of friendship, and, opening some only of their ports to our vessels, to allow a trade in those ports between their people and ours, he was authorized to negotiate for this purpose, and secure for his country such privileges as he could, not inconsistent with the self-respect which, as a nation, we owed to ourselves. It must not be forgotten, in the contemplation of what was accomplished, that our representative went to a people who, at the time of his arrival among them, had, both by positive law and usage of more than two hundred years, allowed but one of their harbors, Nagasaki, to be opened to foreigners at all; had permitted no trade with such foreigners when they did come, except, under stringent regulations, with the Dutch and the Chinese; were in the habit of communicating with the world outside of them at second-hand only, through the medium of the Dutch who were imprisoned at Dezima; and a people who, as far as we know, never made a formal treaty with a civilized nation in the whole course of their history.

There were but two points on which the Commodore's instructions did not allow him a large discretion to be exercised according to circumstances. These were, first, that if happily any arrangements for trade, either general or special, were made, it was to be distinctly stipulated that, under no circumstances and in no degree, would the Americans submit to the humiliating treatment so long borne by the Dutch in carrying on their trade. The citizens of our country must be dealt with as freemen, or there should be no dealings at all. The second point was that, in the event of any of our countrymen being cast, in God's providence, as shipwrecked men on the coast of Japan, they should not be treated as prisoners, confined in cages, or subjected to inhuman treatment, but should be received with kindness and hospitably cared for until they could leave the country.

The nearest approach to a precedent was to be found in our treaty with China, made in 1844. This therefore was carefully studied by the Commodore. Its purport was "a treaty or general convention of peace, amity, and commerce," and to settle the rules to "be mutually observed in the intercourse of the respective countries." So far as "commerce" is concerned, it permitted "the citizens of the United States to frequent" five ports in China "and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise to or from any foreign port, and from either of the said five ports to enter any other of them." As to duties on articles imported, they were to pay according to a tariff that was made part of the treaty, and in no case were to be subjected to higher duties than those paid, under similar circumstances, by the people of other nations. Consuls were provided for, to reside at the five open ports, and those trading there were "permitted to import from their own or any other ports into China, and sell there and purchase therein, and export to their own or any other ports, all manner of merchandise of which the importation or exportation was not prohibited by the treaty." In short, so far as the five ports were concerned, there existed between us and China a general treaty of commerce.

The Commodore caused to be prepared, in the Chinese characters, a transcript of the treaty, with such verbal alterations as would make it applicable to Japan, with the view of exhibiting it to the Imperial commissioners of that country should he be so successful as to open negotiations. He was not sanguine enough to hope that he could procure an entire adoption of the Chinese treaty by the Japanese. He was not ignorant of the difference in national characteristics between the inhabitants of China and the more independent, self-reliant, and sturdy natives of the Japanese islands. He knew that the latter held the former in some degree of contempt and treated them in the matter of trade very much as they treated the Dutch. He was also aware that the Chinese, when they made their treaty, did know something of the advantages that might result from intercourse with the rest of the world; while as to the Japanese, in their long-continued isolation, either they neither knew nor desired such advantages, or, if they knew them, feared they might be purchased at too high a price in the introduction of foreigners, who, as in the case of the Portuguese, centuries before, might seek to overturn the empire. It was too much, therefore, to expect that the Japanese would in all the particulars of a treaty imitate the Chinese.

Of the difficulties encountered, even after the Japanese had consented to negotiate, the best account may be given from the conferences and discussions between the negotiators, of all which most accurate reports were kept on both sides, in the form of dialogue. At the first meeting of the Commodore with the Imperial commissioners, on March 8th, he acted on the plan he had proposed to himself with respect to the treaty with China, and thus addressed them:

_Commodore Perry_. I think it would be better for the two nations that a treaty similar to the one between my country and the Chinese should be made between us. I have prepared the draft of one almost identical with our treaty with China. I have been sent here by my Government to make a treaty with yours; if I do not succeed now, my Government will probably send more ships here; but I hope we shall soon settle matters amicably.

_Japanese_. We wish for time to have the document translated into the Japanese language.

This was but one among a hundred proofs of their extreme suspicion and caution; for there was not one of the Imperial commissioners, probably, who could not have read, without the least difficulty, the document as furnished by the Commodore; and certain it is that their interpreters could have read it off into Japanese at once.

The Commodore, who wished to do as far as possible everything that might conciliate, of course made no objection to a request so seemingly reasonable, though he knew it to be needless, and was content to wait patiently for their reply. In one week that reply came in writing, and was very explicit: "As to opening a trade, such as is now carried on by China with your country, we certainly cannot yet bring it about. The feelings and manners of our people are very unlike those of other nations, and it will be exceedingly difficult, even if you wish it, to change immediately the old regulations for those of other countries. Moreover, the Chinese have long had intercourse with Western nations, while we have had dealings at Nagasaki with only the people of Holland and China."

This answer was not entirely unexpected, and put an end to all prospect of negotiating a "commercial treaty" in the European sense of that phrase. It only remained therefore to secure, for the present, admission into the kingdom, and so much of trade as Japanese jealousy could be brought to concede. At length, after much and oft-repeated discussion, the point was yielded that certain ports might be opened to our vessels; and then, in the interview of March 25th, came up the subject of consuls.

_Japanese_. About the appointment of consuls or agents, the commissioners desire a delay of four or five years, to see how the intercourse works. The governor of the town and the official interpreter will be able to carry on all the business of supplying provisions, coal, and needed articles, with the captain, without the intervention of a consul.

_Perry_. The duties of a consul are to report all difficulties that arise between American citizens and Japanese to his Government in an authentic manner, assist the Japanese in carrying out their laws and the provisions of the treaty and recovering debts made by the Americans; and also communicating to the Government at Washington whatever the Japanese wish, as no letters can be received after this through the Dutch; and if no consuls are received, then a ship-of-war must remain in Japan constantly, and her captain must do the duties of a consul.

_Japanese_. If we had not felt great confidence in you, we should not have consented to open our ports at all. Consuls may be accepted by and by, after experience has shown their need; and we hope that all American citizens obey the laws of their country and behave properly.

_Perry_. True, and I hope no difficulty will arise; and this appointment of consuls in Japan, as they are in China, Hawaii, and everywhere else, is to prevent and provide for difficulties. No American will report his own misdeeds to his own Government, nor can the Japanese bring them to our notice except through a government agent. This provision must be in the treaty, though I will stipulate for only one, to reside at Simoda, and he will not be sent probably for a year or two from this time.

And thus it was that the Commodore had to explain everything and feel his way, step by step, in the progress of the whole negotiation.

_Japanese_. The commissioners wish every point desired by the Admiral to be stated clearly, for the Japanese are not equal to the Americans, and have not much to give in exchange.

_Perry_. I have already stated all my views as regards our intercourse, in the draft of the treaty you have. [This was one prepared by the Commodore after the rejection of the transcript of the Chinese treaty.] Let the commissioners state their objections to it. This treaty now to be made is only a beginning; and as the nations know each other, the Japanese will permit Americans to go anywhere, to Fujiyama--all over the country.

_Japanese_. We have found restrictions necessary against the Portuguese and the English.

Then followed observations by the Japanese on Pellew's entry into Nagasaki harbor, which showed how much dislike of the English that event had occasioned. A strong proof of their remarkable caution was furnished by the Japanese at the conference held on March 28th when most of the terms of the treaty had been agreed upon.

_Perry_. I am prepared now to sign the treaty about these three harbors.

Mr. Portman, interpreter, then read in Dutch that portion of the treaty which contained such points as had been already agreed upon.

_Japanese_. It is all correct except that we have objection to opening the port of Simoda immediately; if any vessels were to go there in distress, we should be glad to furnish them with provisions, wood, and water.

_Perry_. You have already consented, in one of your letters to me, to open that port immediately. I am very desirous of settling that matter now, as I wish to despatch the Saratoga home to inform the Government, before Congress adjourns, how matters are advancing; that will take some time, and there is no probability that any ships will come here before ten or twelve months have expired; so that it will make no difference to you whether you put it in the treaty to be opened now or in ten months.

_Japanese_. We are willing to put it in the treaty "to be opened now," if you will give us a letter or promise that no ships will come here before the President gives his permission.

_Perry_. I cannot do that very well, but I am willing to put it off ninety days; that will be about the time I shall return from Hakodate; it was your own proposition, yesterday, to open that port immediately. I consent to this, however, to show you how desirous I am to do what I can to please you. I cannot consent to a longer time.

_Japanese_. If we put it in the treaty to be opened now, we would like you to give us an order that no ships shall enter that port before ten months.

_Perry_. I cannot do that. But there is no probability that any ships will come here before that time, as I shall not leave here for three months, and they will not hear of it before that time; and when they do hear of it, it will take several months for ships to make the voyage here. If you choose I will keep one of the ships at Simoda for several months.

_Japanese_. If ships go there before that time we shall not be able to give them other than provisions, wood, and water.

_Perry_. The ships that may go there will want such things only as you may have; if you have them not, of course you cannot and will not be expected to furnish them; but, as I said before, there is no probability that ships will go there before the expiration of ten months.

_Japanese_. When you come back from Matsumai, we shall have plenty of provisions at Simoda for the whole squadron; but to other ships we cannot furnish more than wood, water, etc.

_Perry_. When we return from Matsumai we shall not want many provisions, as we shall be going to a place where we shall get plenty. It is only the principle I wish settled now. I have come here as a peacemaker, and I desire to settle everything now, and thus prevent trouble hereafter; I wish to write home to my Government that the Japanese are friends.

_Japanese_. We will write you a letter stating that we cannot furnish you anything before ten months, but that we can furnish wood and water immediately, and that we will furnish such other things as we possibly can. This letter we should like you to answer.

_Perry_. Very well; I will.

_Japanese_. [Entering on another part of the terms agreed on.] We will not confine Americans, or prevent them from walking around; but we should like to place a limit to the distance they may walk.

_Perry_. I am prepared to settle that matter now, but they must not be confined to any particular house or street. Suppose we make the distance they may walk, the same distance that a man can go and come in a day. Or, if you choose, the number of _lis_ or _ris_ may be agreed upon.

_Japanese_. We are willing that they shall walk as far as they can go and come in a day.

_Perry_. There is no probability that sailors would wish to go on shore more than once from curiosity; besides, they will have their daily duties to attend to on board ship and will not be able to go on shore.

_Japanese_. We do not wish any women to come and remain at Simoda.

_Perry_. The probability is that few women will go there, and they only the wives of the officers of the ships.

_Japanese_. When you come back from Matsumai we should like _you_ to settle the distance that Americans are to walk. It is difficult for _us_ to settle the distance.

_Perry_. Say the distance of seven Japanese miles in any direction from the centre of the city of Simoda.

_Japanese_. Very well. A few miles will make no difference. You are requested not to leave agents until after you have experienced that it is necessary.

_Perry_. I am willing to defer the appointment of a consul or an agent one year or eighteen months from the date of the signing the treaty; and then, if my Government think it necessary, it will send one.

In fact, not an article of the treaty was made without the most serious deliberation by the Japanese. In answer to a question from Captain Adams, in the very first stages of the negotiation, they replied: "The Japanese are unlike the Chinese; they are adverse to change; and when they make a compact of any kind they intend that it shall endure for a thousand years. For this reason it will be best to deliberate and examine well the facilities for trade and the suitableness of the port before any one is determined on." Probably nothing but the exercise of the most perfect truthfulness and patience would ever have succeeded in making a treaty with them at all; and from the language of one of their communications, it is obvious that, with characteristic caution, they meant that their present action should be but a beginning of intercourse, which might or might not be afterward made more extensive, according to the results of what they deemed the experiment.

This, it must be remembered, was the first formal treaty they ever made on the subject of foreign trade, at least since the expulsion of the Portuguese, and they evidently meant to proceed cautiously by single steps.

There is observable throughout the negotiations the predominating influence of the national prejudice against the permanent introduction of foreigners among them. The word "reside" is but once used in the whole treaty, and that in the article relative to consuls. The details of conferences, already given, show how anxiously they sought to avoid having consuls at all. Indeed, Commodore Perry says, "I could only induce the commissioners to agree to this article, by endeavoring to convince them that it would save the Japanese Government much trouble if an American agent were to reside at one or both of the ports opened by the treaty, to whom complaints might be made of any malpractice of the United States citizens who might visit the Japanese dominions." They wanted no permanent foreign residents among them, official or unofficial. This was shown most unequivocally in the remark already recorded in one of the conferences--"We do not wish any women to come and remain at Simoda."

Simoda was one of the ports open for trade with us; they knew that our people had wives and daughters, and that a man's family were ordinarily resident with him in his permanent abode, and that if the head of the family lived in Simoda as a Japanese would live, there would certainly be women who would "come and remain at Simoda." But more than this. It will be remembered that the Commodore had submitted to them our treaty with China, and they had held it under consideration for a week, at the end of which time they said: "As to opening a trade, such as is now carried on by China with your country, we certainly cannot yet bring it about. The Chinese have long had intercourse with Western nations, while we have had dealings at Nagasaki with only the people of Holland and China." Now what was "such a trade" as we carried on with China? The Japanese read in our treaty that five ports were open to us, that permission was given "to the citizens of the United States to frequent" them; and further, "to reside with their families and trade there." This they deliberately declined assenting to when they refused to make a treaty similar to that with China. They surely would not afterward knowingly insert it in any treaty they might make with us.

The only permanent residence to which they gave assent, and that most reluctantly, was the residence of a consul. Temporary residence was allowed to our shipwrecked citizens, as well as to those who went to Simoda or Hakodate on commercial business. They are allowed to land, to walk where they please within certain limits, to enter shops and temples without restriction, to purchase in the shops, and have the articles sent to the proper public office duly marked, where they will pay for them, to resort to public-houses or inns that are to be built for their refreshment "when on shore" at Simoda and Hakodate; and until built, a temple, at each place, is assigned "as a resting-place for persons in their walks." They may accept invitations to partake of the hospitality of any of the Japanese; but they are not permitted to enter "military establishments or private houses without leave." Without leave, our citizens cannot enter them within the territories of any nation with which we have a treaty. In short, the whole treaty shows that the purpose of the Japanese was to make the experiment of intercourse with us before they made it as extensive or as intimate as it was between us and the Chinese. It was all they could do at the time, and much, very much, was obtained on the part of our negotiator in procuring a concession even to this extent.

But, as he knew that our success would be but the forerunner of that of other powers, and as he believed that new relations of trade once commenced, not only with ourselves, but with England, France, Holland, and Russia, could not fail, in the progress of events, to break up the old restrictive policy, effectually and forever, and open Japan to the world; and must also lead gradually to liberal commercial treaties, he wisely, in the ninth article, secured to the United States and their citizens, without "consultation or delay," all privileges and advantages which Japan might hereafter "grant to any other nation or nations." And the Commodore's comments on this article conclusively show that _he_, at least, did not suppose he had made a "commercial treaty":

"Article IX. This is a most important article, as there can be little doubt that, on hearing of the success of this mission, the English, French, and Russians will follow our example; and it may be reasonable to suppose that each will gain some additional advantage, until a commercial treaty is accomplished. Article IX will give to Americans, without further consultation, all these advantages."