In the next two days several notes passed between the Commodore and the Japanese commissioners, in the course of which various questions that had been already considered were definitely settled; and the American interpreters were occupied, in cooperation with the Japanese, in drawing up the treaty in the Chinese, Dutch, and Japanese languages. On the 29th the ships Vandalia and Southampton arrived from Simoda with the confirmation of what Commander Pope had already said in his despatch—which had been transmitted by the Japanese authorities, overland, to the Commodore—namely, that the harbor and town of Simoda had been found, on examination, suitable in every respect for the purposes of the Americans. All was now in readiness for the final signing of the treaty.
Accordingly, on Friday, March 31, 1854, the Commodore went to the treaty-house with his usual attendants, and immediately on his arrival signed three several drafts of the treaty written in the English language, and delivered them to the commissioners, together with three copies of the same in the Dutch and Chinese languages, certified by the interpreters, Messrs. Williams and Portman, for the United States. At the same time the Japanese commissioners, in behalf of their Government, handed to the Commodore three drafts of the treaty written respectively in the Japanese, Chinese, and Dutch languages, and signed by the four of their body delegated by the Emperor for that purpose.
Immediately on the signing and exchange of the copies of the treaty, the Commodore presented the first commissioner, Prince Hayashi, with an American flag, remarking that he considered it the highest expression of national courtesy and friendship he could offer. The Prince was evidently deeply impressed with this significant mark of amity, and returned his thanks for it with indications of great feeling. The Commodore then presented the other dignitaries with the various gifts he had especially reserved for them. All formal business being now concluded, to the satisfaction of both parties, the Japanese commissioners invited the Commodore and his officers to partake of an entertainment prepared for the occasion.
The tables were spread in the large reception hall. These were wide divans, such as were used for seats, and of the same height. They were covered with a red-colored crape, and arranged in order according to the rank of the guests and their hosts, an upper table raised somewhat above the rest being appropriated to the Commodore, his superior officers, and the commissioners. When all were seated the servitors brought in a rapid succession of courses, consisting chiefly of thick soups, or rather stews, in most of which fresh fish was a component part. These were served in small earthen bowls or cups, and were brought in upon lacquered stands, about fourteen inches square and ten inches high, and placed, one before each guest, upon the tables. Together with each dish was a supply of soy or some other condiment, while throughout there was an abundant quantity, served in peculiar vessels, of the Japanese national liquor, the sake, a sort of whiskey distilled from rice. Various sweetened confections and a multiplicity of cakes were liberally interspersed among the other articles on the tables. Toward the close of the feast, a plate containing a broiled crawfish, a piece of fried fish of some kind, two or three boiled shrimps, and a small square pudding with something of the consistence of blancmange, was placed before each, with a hint that they were to follow the guests on their return to the ships, and they were accordingly sent and duly received afterward.
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.