U.S.–Japan Treaties: From 1854 to Modern Tax Agreements

Introduction

The United States and Japan have a relationship that has been both turbulent and triumphant. For many years the two nations have participated in treaties that encourage cooperation and growth. The purpose of this paper is to provide information concerning the various treaties that have existed between the United States of America and Japan, tracing the arc of a diplomatic relationship from its nineteenth-century origins to the early twenty-first century.

The Empire of Japan Treaty (1854)

The Convention of Kanagawa — commonly called the Empire of Japan Treaty — was signed on March 31, 1854. Prior to its signing, most foreign traders were prevented from trading along the coast of Japan. The treaty arose as a result of problems that occurred when American ships received unfair treatment after being shipwrecked off the Japanese coast. American ships had also frequently been treated unfairly when docking for repairs or provisions.

The first article of the treaty asserts that there "shall be a perfect, permanent and universal peace" between America and Japan. It further declares that peace shall exist between the peoples of both nations and calls for unity between the two countries.

The second article of the treaty goes into specific detail regarding the treatment of American ships while in Japan. It states that the port of Simoda, in the principality of Idzu, and the port of Hakodade, in the principality of Matsmai (Hokkaido), are granted by the Japanese as ports for the reception of American ships, where they can be supplied with wood, water, provisions, coal, and other articles their necessities may require, as far as the Japanese have them. The time for opening the first-named port was immediately upon signing the treaty; the last-named port was to be opened on the same day in the ensuing Japanese year. This article also stipulates that Japanese officers would be paid in silver and gold coins for materials furnished to American ships.

The third article provides details related to what should occur if American ships wreck off the coast of Japan. Japanese ships were obligated to assist the crews by taking them to Simoda or Hakodade. This article also stipulates that any expenses incurred as a result of such a rescue at the shore of either nation would not be refunded. The fourth article is related to the third in that it prohibits either country from holding shipwrecked persons in jail. The fifth article further asserts that shipwrecked persons, along with other American citizens living temporarily in Simoda, would not be subject to the same restrictions and confinement as the Chinese or Dutch were at Nagasaki. Instead, such persons would be permitted to travel freely within a seven-mile radius.

Article six addresses the handling of business arrangements for goods desired by either party, calling for special deliberation between the parties on such matters. Article seven ensures that American ships would be permitted to exchange gold and silver coins and trade goods, and explains that the Japanese government would be responsible for developing regulations to govern such trade. Article eight specifies that provisions and goods for American ships could only be supplied by designated Japanese officers. Article nine guarantees that any additional rights granted to citizens of other nations at a later date must also be extended to American citizens without delay and without consultation. Article ten establishes that American ships were only to enter the designated ports of Simoda and Hakodade, unless driven by severe weather or some other form of distress.

The eleventh article describes the appointment of agents or consuls to reside in Simoda. The final article assures that all other articles of the treaty would be adhered to by the American and Japanese governments and by the citizens of both nations.

This treaty was one of the first of many to be signed between the United States and Japan. It established clear rules for the treatment of American vessels while in Japan and played an integral role in the development of the 1858 Harris Treaty, discussed in the following section.

The 1858 Harris Treaty

The Harris Treaty was signed on June 19, 1858, and was controversial from the very start. According to Thomas Huber's The Revolutionary Origins of Modern Japan, Ii Naosuke — then chancellor, or tairo, of Japan — signed the treaty without court sanction (Huber, 1981). Although enacted over the objections of many, it was observed for many years.

According to K.C. Murphy's The American Merchant Experience in Nineteenth Century Japan, the most important features of the Harris Treaty were the establishment of treaty ports and the principle of extraterritoriality. Extraterritoriality and foreign control over Japanese import and export tariffs together guaranteed that non-native merchants in Japan could operate under their own laws and benefit from favorable tariff rates. Both the treaty port system and extraterritoriality remained in effect in Japan until 1899 (Murphy, 2002). Throughout this period the foreign merchant population in the three primary treaty ports of Yokohama (Kanagawa), Hyogo (Kobe), and Nagasaki increased dramatically, and Americans became the second most prevalent nationality (Murphy, 2002).

While the increase in foreign presence benefited trade, it also strengthened the Sonno-joi movement — a political current that embraced the idea of revering the emperor and repelling foreigners. As Murphy explains:

"Sonno-joi had immediate consequences for the newly-forming merchant community at Yokohama in the late 1850s and early 1860s. The 'shishi,' often referred to as 'men of high purpose,' were mainly lower samurai and political extremists, many of whom argued for immediately driving out the foreigners. To accomplish this, some shishi undertook to assassinate members of the foreign community" (Murphy, 2002, p. 23).

Although the Harris Treaty opened Japan to foreign trade, the situation was volatile for foreign merchants. Many did not survive the conditions, and many businesses failed. Nevertheless, some firms succeeded in conducting business in Japan. Even so, the growing tensions between the two nations would eventually contribute to a broader rupture culminating in World War II.

Conclusion

The research found that each of these treaties has played a pivotal role in solidifying the relationship between America and Japan. The Empire of Japan Treaty set the stage for trade between the two countries, while the Harris Treaty further developed and codified trade relations between the nations for a time. However, the Harris Treaty was controversial from its inception, and the Sonno-joi movement led to violence against foreign merchants in some cases. The San Francisco Peace Treaty laid the foundation for the relationship that Japan and America share today and formally brought World War II to a close. Finally, the 2003 income tax treaty is designed to assist individuals and businesses living in or operating across both countries so that they are not subjected to double taxation.

Taken together, these treaties assisted in forging the relationship that now exists between Japan and the United States. Although this relationship has been volatile at various points in history, it is currently rather amicable: Japanese citizens travel frequently and freely to America, and American citizens do likewise to Japan. The relationship has developed over time through a series of treaties and agreements that allow both nations to work together toward a common good.