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particular; and even worse, it becomes a means of deception. Our constituents, seeing the President's approval and signature attached to each Act of Congress, are induced to believe that he has actually performed this duty, when, in truth, nothing is, in many cases, more unfounded.
From the practice of Congress, such an examination of each Bill as the Constitution requires has been rendered impossible. The most important business of each session is generally crowded into its last hours, and the alternative presented to the President is either to violate the constitutional duty which he owes to the people, and approve Bills which, for want of time, it is impossible he should have examined, or, by his refusal- to do this, subject the country and individuals to great loss and inconvenience.
Besides, a practice has grown up of late years to legislate in Appropriation Bills, at the last hour3 of the session, on new and important subjects. This practice constrains the President either to suffer measures to become laws which he does not approve, or to incur the risk of stopping the wheels of the Government by vetoing an Appropriation Bill. Formerly such Bills were confined to specific appropriations for carrying into effect existing laws and the well-established policy of the country, and little time was then required by the President for their examination.
For my own part, I have deliberately determined that I shall approve no Bill which I have not examined, and it will be a case of extreme and most urgent necessity which shall ever induce me to depart from this rule. I therefore respectfully, but earnestly, recommend that the two Houses would allow the President at least two days previous to the adjournment of each session within which no new Bill shall be presented to him for approval. Under the existing joint rule one day is allowed; but this rule has been hitherto so constantly suspended in practice, that important Bills continue to be presented to him up till the very last moments of the session. In a large majority of cases no great public inconvenience can arise from the want of time to examine their provisions, because the Constitution has declared that if a Bill be presented to the President within the last ten days of the session, he is not required to return it, either with an approval or with a veto, "in which case it shall not be a law." It may then lie over, and be taken up and passed at the next session. Great inconvenience would only be experienced in regard to Appropriation Bills; but fortunately, under the late excellent law allowing a salary, instead of a per diem, to members of Congress, the expense and inconvenience of a called session will be greatly reduced.
I cannot conclude without commending to your favourable cou* sideration the iuterest of the people of this district. "Without a representative on the floor of Congress, they have for this very reason peculiar claims upon our just regard. To this I know, from Bit long acquaintance with thein, they are eminently entitled. WmhtNg/oR, December 8, 1857.
TREATY' between The United States and Japan, regulating the Intercourse of American Citizens with Japan.—Signed at Shnoda, June 17, 1857.*
Foe the purpose of further regulating the intercourse of American citizens within the Empire of Japan, and, after due deliberation, his Excellency Townsend Harris, Consul-General of the United States of America for the Empire of Japan, and their Excellencies Inowouye, Prince of Sinano, and Nakamoera, Prince of Dewa, Governors of Simoda, all having full powers from their respective Governments, have agreed to the following articles, to wit:
Abt. I. The port of Nagasaki, in the principality of Hizen, siull be open to American vessels, where they may repair damages, procure water, fuel, provisions, and other necessary articles, even coals, where they are obtainable.
II. It being known that American ships coming to the ports of Simoda and Hakodade cannot have their wants supplied by the ■Japanese, it is agreed that American citizens may permanently reside at Simoda and Hakodade, and the Government of The United States may appoint a Vice-Consul to reside at Hakodade.
This Article to go into effect on the 4th day of July, 1858.
III. In settlement of accounts the value of the money brought by the Americans shall be ascertained by weighing it with Japanese coin (gold and silver itsebues), that is, gold with gold and silver *;th silver, or weights representing Japanese coin may be used, a!:er such weights have been carefully examined and found to be correct.
The value of the money of the Americans having been thus ascertained, the sum of 6 per cent, shall be allowed to the Japanese for the expense of recoinage.
IT. Americans committing offences in Japan shall be tried by 'be American Consul-General or Consul, and shall be punished according to American laws.
Japanese committing offences against Americans shall be tried by the Japanese authorities, and punished according to Japanese laws.
* Signed also in the Japanese and Dutch languages.
V. American ships which may resort to the ports of Simoda, Hakodade, or Nagasaki, for the purpose of obtaining necessary supplies, or to repair damages, shall pay for them in gold or silver coin, and if they hate no money, goods shall be taken iu exchange.
VI. The Government of Japan admits the right of his Excellency the Consul-General of The United States to go beyond the limits of Seven Hi, but has asked him to delay the use of that right, except in cases of emergency, shipwreck, &c, to which he has assented.
VII. Purchases for his Excellency the Consul-General, or \ua family, may be made by him only, or by some member of his family, and payment made to the seller for the same, without the intervention of any Japanese official, and for this purpose Japanese silver and copper coin shall be supplied to his Excellency the ConsulGeneral.
VIII. As his Excellency the Consul-General of the Unit States of America has no knowledge of the Japanese language, nor their Excellencies the Governors of Simoda a knowledge of the English language, it is agreed that the true meaning shall be f ound in the Dutch version of the Articles.
IX. All the foregoing Articles shall go into effect from the date hereof, except Article II, which shall go into effect on the date :-J cated in it.
Done in quintuplicate (each copy being in English, Japane and Dutch), at the Goyosso of Simoda, on the 17th day of June, in the year of the Christian era 1857, and of the Independence of 1 United States of America the 81st, corresponding to the 4th Japanese year of Ansei, Mi, the 5th month, the 26th day, the English version being signed by his Excellency the Consul-General of the United States of America, and the Japanese version by their Excellencies the Governors of Simoda.
(L.S.) TOAVXSEXD HARRIS.
CONVENTION between The United States and Peru, interpreting Article XII of the Treaty of July 20, 1851, relating to Commerce and the Whale Fishery*—Signed at Lima, July 4, 1857.t
[Ratifications exchanged at Washington, October 13, 1S5S.]
Certain doubts having arisen with regard to the interpretation to be given to Article XII of the Treaty of the 2Cth July, 1851, as to the goods, other than oil and the produce of their fishery, that
* Vol. XL. Page 1095. t Signed also in Spanish.
the whale-ships of The United States may land and sell, or barter, duty free, for the purpose of obtaining provisions and refitting, a concession which, in Articles LXXXT, CX, of the General Commercial Regulations, is not so extensive; and it being convenient, for the advantage of the citizens of The United States employed in the whale fishery, and of the citizens of Peru, who furnish provisions, to fix, clearly and definitively, the proper meaning of the concessions stipulated in the above-mentioned Article XII of tho Treaty of the 26th July, 1851, so that while those reciprocal benefits are secured, all and every controversy in the matter may be avoided.
The Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Eepublic of Peru, John Eandolph Clay, in virtue of his full powers, and his Excellency Doctor Don Manuel Ortiz de Zevallos, Minister of Foreign Affairs of the Eepublic of Peru, fully authorized to act in the premises by the eicellent Council of Ministers charged with the government of the Eepublic, after having held repeated conferences, and come to a mutual understanding, upon the true spirit and extent of the exemption from duties conceded to the said whale-ships in the sale «nd barter of their stores and merchandize, by Article XII of the Treaty of 1851, which provides.
"The whale-ships of The United States shall have access to the port of Tumbez as well as to the ports of entry of Peru, and may aid from one port to another for the purposes of refreshment and refitting, &nd they shall be permitted to sell or barter their supplies It goods, including oil, to the amount of 200 dollars, ad valorem, for fsch vessel, without paying any tonnage or harbour dues, or any unties or imposts upon the articles so sold or bartered. They shall be also permitted, with like exemption from tonnage and harbour, dues, farther to sell or barter their supplies or goods, including oil, to the additional amount of 1,000 dollars, ad valorem, for each vessel, upon paving for the said additional articles the same duties as are payable upon like supplies or goods and oil when imported in tho vi-ssels and by the citizens or subjects of the most favoured nations."
Have agreed and declared:
Art. I. That the permission to the whale-ships of The United States to barter or sell their supplies and goods to the value of 200 dollars, ad valorem, without being obliged to pay port or tonnage dues, or other imposts, should not be understood to comprehend every kind of merchandize without limitation, but those only that *ha\e-sliips are usually provided with for their long voyages.
II. That in the said exemption from duties of every kind are included the following articles, in addition to the produce of their fishery, viz.:
White unbleached domestics.
White bleached domestics.
Wide cotton cloths.
Sailors' clothing of all kinds.
Boots, shoes, and brogans.
Biscuit of every kind.
Spermaceti and composition cau-
III. It is also agreed upon and understood between the Contracting Parties, that the whale-ships of The United States may land and sell or barter, free of all duties or imposts whatsoever, the supplies and merchandize specified in the preceding Article to the amount of 500 dollars, ad valorem, in conformity with Article LXXXI of the General Commercial Begulations; but for every additional quantity from 500 dollars to 1,000 dollars, ad valorem, the exemption shall only extend to port and tonnage dues.
IV. The stipulations in this Convention shall have the same force and effect as if inserted, word for word, in the Treaty concluded in Lima on the 26th of July, 1851, and of which they shall be deemed and considered as explanatory. For which purpose the present Convention shall be approve'd and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the executive power of the Bepublic of Peru, with the authorization of the National Peruvian Legislature; and the ratifications shall be exchanged in Washington in us short a time as possible- In faith whereof, the above-named Plenipotentiaries have signed, in quadruplicate, this Convention, explanatory of the Treaty of the 26th of July, 1851, and have hereunto affixed their seals.
Done at Lima, the 4th day of July, in the year of our Lord 1857.
(L.S.) J. EANDOLPH CLAY. (L.S.) MANUEL OET1Z DE ZEVALLOS.