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The consuls general, consuls, vice-consuls, and consular agents of each of the high contracting parties, residing in the territories of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries.
It is understood that this stipulation shall not apply to the citizens or subjects of the country where the desertion takes place.
The high contracting parties agree that, in all that concerns commerce and navigation, any privilege, favor or immunity which either high contracting party has actually granted, or may hereafter grant, to the government, ships, citizens or subjects, of any other state, shall be extended to the government, ships, citizens or subjects of the other high contracting party, gratuitously, if the concession in favor of that other state shall have been gratuitous, and on the same or equivalent conditions if the concession shall have been conditional; it being their intention that the trade and navigation of each country shall be placed, in all respects, by the other upon the footing of the most favored nation.
Each of the high contracting parties may appoint consuls general, consuls, vice-consuls, pro-consuls, and consular agents, in all the ports, cities, and places of the other, except in those where it may not be convenient to recognize such officers.
This exception, however, shall not be made in regard to one of the high contracting parties without being made likewise in regard to every other Power.
The consuls general, consuls, vice-consuls, pro-consuls, and consular agents may exercise all functions, and shall enjoy all privileges, exemptions, and immunities which are, or may hereafter be, granted to consular officers of the most favored nation.
The citizens or subjects of each of the high contracting parties shall enjoy in the territories of the other the same protection as native citizens or subjects in regard to patents, trade-marks and designs, upon fulfilment of the formalities prescribed by law.
The high contracting parties agree to the following arrangement: The several foreign settlements in Japan shall, from the date this treaty comes into force, be incorporated with the respective Japanese communes, and shall thenceforth form part of the general municipal system of Japan. The competent Japanese authorities shall thereupon assume all municipal obligations and duties in respect thereof, and the common funds and property, if any, belonging to such settlements shall at the same time be transferred to the said Japanese authorities.
When such incorporation takes place existing leases in perpetuity upon which property is now held in the said settlements shall be confirmed, and no conditions whatsoever other than those contained in such existing leases shall be imposed in respect of such property. It is, however, understood that the consular authorities mentioned in the same are in all cases to be replaced by the Japanese authorities. All lands which may previously have been granted by the Japanese Government free of rent for the public purposes of the said settlements shall, subject to the right of eminent domain, be permanently reserved free of all taxes and charges for the public purposes for which they were originally set apart.
This treaty shall, from the date it comes into force, be substituted in place of the Treaty of Peace and Amity concluded on the 3d day of the 3d month of the 7th year of Kayei, corresponding to the 31st day of March 1854; the Treaty of Amity and Commerce concluded on the 19th day of the 6th month of the 5th year of Ansei, corresponding to the 29th day of July, 1858; the Tariff Convention concluded on the 13th day of the 5th month of the 2nd year of Keio, corresponding to the 25th day of June, 1866; the Convention concluded on the 25th day of the 7th month. of the 11th year of Meiji, corresponding to the 25th day of July, 1878, and all arrangements and agreements subsidiary thereto concluded or existing between the high contracting parties; and from the same date such treaties, conventions, arrangements and agreements shall cease to be binding, and, in consequence, the jurisdiction then exercised by courts of the United States in Japan and all the exceptional privileges, exemptions and immunities then enjoyed by citizens of the United States as a part of, or appurtenant to such jurisdiction, shall absolutely and without notice cease and determine, and thereafter all such jurisdiction shall be assumed and exercised by Japanese courts.
This treaty shall go into operation on the 17th day of July, 1899, and shall remain in force for the period of twelve years from that date.
Either high contracting party shall have the right, at any time thereafter to give notice to the other of its intention to terminate the same, and at the expiration of twelve months after such notice is given this treaty shall wholly cease and determine.
This treaty shall be ratified, and the ratifications thereof shall be exchanged either at Washington or Tokio, as soon as possible and not later than six months after its signature.
In witness whereof the respective plenipotentiaries have signed the present treaty in duplicate and have thereunto affixed their seals.
Done in the city of Washington the 22nd day of November in the eighteen hundred and ninety-fourth year of the Christian era, corresponding to the 22d day of the 11th month of the 27th year of Meiji. WALTER Q. GRESHAM. [SEAL] SHINICHIRO KURINO. [SEAL]
The Government of the United States of America and the Government of His Majesty the Emperor of Japan, deeming it advisable in the interests of both countries to regulate certain special matters of mutual concern, apart from the Treaty of Commerce and Navigation signed this day, have, through their respective plenipotentiaries, agreed upon the following stipulations:
1. It is agreed by the contracting parties that one month after the exchange of the ratifications of the Treaty of Commerce and Navigation signed this day the import tariff now in operation in Japan in respect of goods and merchandise imported into Japan by citizens of the United States shall cease to be binding. From the same date the general statutory tariff of Japan shall, subject to the provisions of Article IX of the Treaty of March 31, 1854, at present subsisting between the contracting parties, so long as said treaty remains in force, and, thereafter, subject to the provisions of Article IV and Article XIV of the Treaty signed this day, be applicable to goods and merchandize being the growth, produce or manufacture of the territories of the United States upon importation into Japan.
But nothing contained in this protocol shall be held to limit or qualify the right of the Japanese Government to restrict or to prohibit the importation of adulterated drugs, medicines, food or beverages; indecent or obscene prints, paintings, books, cards, lithographic or other engravings, photographs or any other indecent or obscene articles; articles in violation of the patent, trade-mark or copy-right laws of Japan; or any other article which for sanitary reasons, or in view of public security or morals, might offer any danger.
2. The Japanese Government, pending the opening of the country to citizens of the United States, agrees to extend the existing passport system in such a manner as to allow citizens of the United States, on the production of a certificate of recommendation from the representative of the United States at Tokio or from any of the consuls of the United States at the open ports of Japan, to obtain upon application passports available for any part of the country and for any period not exceeding twelve months, from the Imperial Japanese Foreign Office in Tokio, or from the chief authorities in the prefecture in which an open port is situated, it being understood that the existing rules and regulations governing citizens of the United States who visit the interior of the empire are to be maintained.
3. The undersigned plenipotentiaries have agreed that this protocol shall be submitted to the two high contracting parties at the same time as the treaty of commerce and navigation signed this day, and that when the said treaty is ratified the agreements contained in the protocol shall also equally be considered as approved, without the necessity of a further formal ratification.
It is agreed that this protocol shall terminate at the same time the said treaty ceases to be binding.
In witness whereof the respective plenipotentiaries have signed the same and have affixed thereto their seals.
Done at Washington the 22d day of November in the eighteen hundred and ninety-fourth year of the Christian era, corresponding to the 22d day of the 11th month of the 27th year of Meiji.
WALTER Q. GRESHAM. [SEAL]
CONVENTION BETWEEN THE UNITED STATES AND MEXICO FOR THE ARBITRATION OF THE CHAMIZAL CASE.1
Signed at Washington, June 24, 1910; ratifications exchanged, January 24, 1911; proclaimed, January 25, 1911.
The United States of America and the United States of Mexico, desiring to terminate, in accordance with the various treaties and conventions now existing between the two countries, and in accordance with the principles of international law, the differences which have arisen between the two governments as to the international title to the Chamizal tract, upon which the members of the International Boundary Commission have failed to agree, and having determined to refer these differences to the said commission, established by the convention of 1889, which for this case only shall be enlarged as hereinafter provided, have resolved to conclude a convention for that purpose, and have appointed as their respective plenipotentiaries:
The President of the United States of America, Philander C. Knox, Secretary of State of the United States of America; and
The President of the United States of Mexico, Don Francisco León de la Barra, Ambassador Extraordinary and Plenipotentiary of the United States of Mexico at Washington;
Who, after having exhibited their respective full powers, and having found the same to be in good and due form, have agreed upon the following articles:
The Chamizal tract in dispute is located at El Paso, Texas, and Ciudad Juarez, Chihuahua, and is bounded westerly and southerly by the middle. of the present channel of the Rio Grande, otherwise called Rio Bravo del Norte, easterly by the middle of the abandoned channel of 1901, and northerly by the middle of the channel of the river as surveyed by Emory and Salazar in 1852, and is substantially as shown on a map on a scale of 1-5,000, signed by General Anson Mills, commissioner on the part of the United States, and Señor Don F. Javier Osorno, commissioner on the part of Mexico, which accompanies the report of the International Boundary Commission, in Case No. 13, entitled "Alleged Obstruction in the Mexican End of the El Paso Street Railway Bridge and Backwaters Caused by the Great Bend in the River Below," and on file in the archives of the two governments.
1U. S. Treaty Series, No. 555.