[Title] Preliminary Convention of Commerce between the Netherlands and Japan (Dutch-Japanese Preliminary Convention of Commerce)

Signed at Nagasaki, November 9, 1855 (30th day, 9th month, 2nd year of Ansei).

(Translation.)

CONVENTION between Mr. Jan Hendrik Donker Curtius, Netherlands Commissioner in Japan, Knight of the Order of the Netherlands Lion, and Plenipotentiary Extraordinary of His Majesty the King of the Netherlands, and Arawo Iwamino Kami, and Kawa Moera Tsoesimano Kami, Governors of Nagasaki, and Asano Ikkakf, Imperial Superintendent at Nagasaki, entered into at the Government House in that town on the 9th of November, 1855.

ART. I. From the 1st December, 1855, the Netherlanders shall enjoy full personal freedom, and may therefore leave Desima at all times without an escort, just as they are allowed to do now, upon leave, with an escort.

ART. II. If a Netherlander should at any time transgress any Japanese law, information thereof shall be given to the highest Netherlands officer stationed at Desima, and through his interposition the transgressor shall be punished by the Netherlands Government according to the Netherlands laws.

ART. III. In case any Netherlander should be improperly treated by a Japanese, the matter shall, on complaint by the Netherlands Commissioner in Japan, be enquired into by the Japanese magistrates, and the Japanese shall be punished according to the Japanese law.

ART. IV. In case one or more other ports of the Japanese empire may be opened now or hereafter to one or more other nations, exactly the same privileges shall be immediately granted to the Netherlands.

ART. V. Whenever an officer or other seaman belonging to one of the ships-of-war of His Majesty the King of the Netherlands, or any person belonging to the Netherlands land forces, may die in Japan, his funeral shall take place with the military ceremonies used by the Netherlands land and sea forces, and hitherto observed. Volleys may also be fired from small arms at the burial-place, as well as on board the Netherlands ships-of-war, even with great guns.

ART. VI. The Netherlands merchant-ships coming to the port of Nagasaki shall, upon nearing the coast, show a private signal-flag, in addition to the national flag, as has been the custom hitherto. The ships-of-war have no private signal flag.

ART. VII. When the two flags are seen by the watch on the Island of Iwo Sima the Netherlands flag shall be exhibited from the flag-staff there, in token of recognition, just as is usual now also for the ships-of-war.

ART. VIII. The Netherlands ships-of-war and merchant vessels shall come to anchor behind the Papenberg, as has been the custom hitherto.

ART. IX. So soon as the Governor of Nagasaki shall have satisfied himself of the nationality of the vessels, by sending off for that purpose an officer of the guard accompanied by one of the officers from the Netherlands factory at Desima, the ships shall be at liberty to sail or steam into the harbour, or to have themselves towed therein by Japanese vessels, as has been the custom hitherto but without giving hostages.

ART. X. The crews of the ships shall be at liberty to use the ships' boats for communication with the other Netherlands ships and with the Island of Desima, or in rowing round the bay for their health with this understanding, that the sailors of the Netherlands merchant ships may only enjoy this privilege when a captain or mate is with them in the boat or boats. They shall, of course, land nowhere else than at the water-gate of Desima, and they must have no intercourse with the crews of Japanese vessels. The boats shall bear the Netherlands flag for the purpose of recognition.

ART. XI. There shall be no landing from the boats at any other place than the water-gate of Desima.

ART. XII. Except the outer wall, the guard-houses, and public buildings of Desima, all the dwellings and warehouses shall be sold, through the intervention of the Governors of Nagasaki, to the Netherlands factory, and the ground of Desima let. They shall be under the direction of the highest Netherlands officer dwelling there, and be maintained at the cost of the Netherlands factory.

ART. XIII. For the performance of the necessary repairs, the building or pulling down of warehouses or dwellings, or for making alterations and improvements therein, the Netherlands factory shall be at liberty to employ Japanese tradesmen and to buy Japanese materials, for which payment shall be made in "kambang" money. Previous notice of these operations shall be given to the Governor of Nagasaki.

ART. XIV. The Netherlanders residing at Desima are at liberty to go round the bay in Netherlands or Japanese vessels, but without landing anywhere. They may fish from these vessels in the bay for their health. These vessels shall bear the Netherlands flag for the purpose of recognition.

ART. XV. The keys of the water-gate are in the exclusive keeping of the highest Netherlands officer at Desima.

ART. XVI. The keys of the land-gate are in the keeping of the Japanese officer on guard there.

ART. XVII. But the sailors belonging to the Netherlands merchant ships are, except the commanders, subject to personal search, as has been the custom hitherto, when they go by the land-gate of Desima to Nagasaki and when they return from thence. At the water-gate and on board the Netherlands ships no search takes place.

ART. XVIII. The examination of goods only takes place when they are introduced into Japan from Desima, or when they are brought from Japan to Desima, as has been the custom hitherto, and not at the delivery from the ships into Desima, or at the delivery from Desima on board the ships. The strongest precautions shall be taken against smuggling.

ART. XIX. During the presence of Netherlands merchant-ships in the port of Nagasaki, while works are going on there a Japanese officer shall be stationed at Desima to keep order amongst the Japanese coolies in general who are then to be found there, as has been the custom hitherto.

ART. XX. The management of mercantile affairs remains for the rest on the present footing. The keys of the warehouses are always in the keeping of the highest Netherlands officer residing at Desima, whenever Netherlands goods are deposited therein. No Japanese seals are placed upon the warehouses.

ART. XXI. All Japanese who have the necessary permission according to the Japanese laws, are to be admitted into Desima.

ART. XXII. At all meetings that take place at Nagasaki, the compliments and the reception by the Japanese are to be according to the Japanese forms, and by the Netherlanders according to the Netherlands forms.

ART. XXIII. Whenever opportunities may occur, the Netherlanders residing at Desima shall be at liberty to send letters by the Chinese junks as well as by the ships of other nations.

ART. XXIV. The Netherlanders shall be at liberty to have free correspondence by letters with the commanders of ships or squadrons of foreign nations at peace with Japan, who are stopping in the bay of Nagasaki.

ART. XXV. Musterings are to take place only on board the Netherlands merchant ships, on their arrival and departure, and not at Desima.

ART. XXVI. The Netherlands merchant-ships shall retain their gun-powder and arms, including their great guns.

ART. XXVII. The customary presents for His Majesty the Emperor and other great personages, and the annual "fassak", are regulated on the present footing. No alteration is to be introduced in the manner in which the trade with the factory is carried on. If any alteration therein should be hereafter desired, either on the part of the Japanese or the Netherlanders, it shall be agreed upon and regulated by the Governor of Nagasaki and the Netherlands Commissioner in Japan.

ART. XXVIII. In case it should appear that any matter requires further regulation, it shall be taken into careful consideration by the Governor of Nagasaki and the Netherlands Commissioner in Japan, and all restrictions which are now found to be burthensome by the Netherlanders shall be removed as far as possible.

ART. XXIX. So soon as a Treaty shall have been entered into between the Netherlands and Japan, this Convention shall become void. In case such a Treaty should not be entered into soon, this Convention shall, nevertheless, remain in force, but subject to the ratification both of His Majesty the King of the Netherlands and of His Majesty the Emperor of Japan, and the ratifications signed by high officers empowered thereto on both sides shall be exchanged at Nagasaki within the space of two years from the date hereof.

All the stipulations of this Convention come into immediate operation with the exception of the following Articles:

ART. I. The freedom therein granted comes into operation on the 1st December, 1855, and Articles IX, XII, XIII, XIV, XVIII, XX, and XXVI, come into operation on the 1st January, 1856.

In witness whereof we, Mr. J. H. Donker Curtius, Netherlands Commissioner in Japan, Knight of the Order of the Netherlands Lion, and Plenipotentiary Extraordinary of His Majesty the King of the Netherlands; and Arawo Imamino{sic} Kami, Kawa Moera Tsoesimano Kami, Governors of Nagasaki, and Asano Ikkakf, Imperial Superintendent at Nagasaki, have signed this Convention, and set our seals hereto.

Done in duplicate, in the town of Nagasaki, on the 9th November, in the year of our Lord, 1855.

(L.S.) J. H. DONKER CURTIUS.