PRUYN, Minister Resident of the United States in Japan, to We have to state that Sibata Hinga No Kami and Siraisi Simosa No Kami having under our instructions agreed with you about land for foreign settlement, we approve the same an4 will exchange ratifications accordingly. The 23d day of the 11th month of the 1 st year of Gengi (21st December, 1864 .) With respect and esteem, MIDLUNO IDLUMI NO KAMI. ABE BUNGO NO KAMI. SUNO INABA NO KAMI. His Excellency Robert H. Pruyn, December 21, 1864

Memorandum.

Certain proposals for the enlargement of the settlement at Yokohama, and other public objects connected therewith, having been discussed and generally agreed upon by the under-signed foreign representatives on the one part,, and Shibata Hiung No Kami and Shirashi Bhimosa No Kami on the other, on the 8th of September, 24th of October, and 8th of the present month, as recorded in minutes of each, signed by the aforesaid representatives, it has now been resolved to put on record, in a clear and practical shape, the bases and conditions of such improvements, extension, and public works, as now finally agreed upon, to which the signatures of the said foreign representatives and Japanese commissioners shall be appended for the ratification of the government of the Tycoon, at Yedo, within five days from the date of these presents. .

It has accordingly been agreed and resolved as follows:

1. An allotment of ground, already marked out on the other side of the canal, giving a circuit of one English mile (eighteen Japanese chô) to be made and designed in perpetuity for a parade and exercise ground for all nations; also, for a race-course for the foreign community. The ground being now a marsh, to be filled up by the Japanese government at their own expense, and as it is for common occupation both by Japanese and foreigners as a place of exercise, no rental to be claimed for the same, with exception of the ontside circle destined for a race-course, for which rent shall be paid at a rate hereafter to be fixed.

2. A site and temporary huts having been provided for naval, military, and civil smallpox patients of all nations, it is understood that an addition of either one or two huts being essential to complete the accommodation, these shall be put up by the Japanese government in the first instance, at the requisition of the foreign consuls to avoid delay, on the latter undertaking to repay the cost of erection.

3. A further extension within the limits already defined, of the ground for a cemetery for all nations, to be granted contiguous with that already so appropriated on the joint application of the consul.

4. A site having been allotted by the sea-shore for the building of abattoirs, &c., necessary to relieve the settlement of a great nuisance, unsightly alike to Japanese and foreigners, and prejudicial to health, it has now been agreed that the necessary buildings, according to plans already furnished, shall be erected without delay by the Japanese government, to be let under the control of the foreign consuls only to such butchers as they shall duly license; the said butchers to rent the premises when completed, paying a yearly rental of ten per cent, upon the cost of erection. But it is distinctly understood that the total cost shall not exceed about $10,000, a little more or less, the exact amount to be settled with the consuls.

5. The whole of the swamp on this side of the canal to be filled up by the Japanese government, and at their expense. When this is effected the Kosakimachi, now situated in the midst, to be removed to the end furthest from the foreign settlement. In the event of fire and the burning down of this establishment before the completion of this work, it is agreed that it shall not be built on the present site. Of this swamp ground, when filled up, the Japanese government shall reserve for foreign occupation, to be actually allotted to them from time to time, in such portions as may be required on the joint requisition of the consuls, the space lying between the Otamachi and the canal called Okagawa, on a line with the street between the custom-house and the consular lot, as marked in red in the plan annexed, No. 1; the proceeds arising from such disposal to be added to a municipal fund, which shall be employed for the making a drainage of roads, &c., and keeping them in a state of repair. It is understood that rents shall be paid as for all other allotments within the foreign settlement.

6. The location and site now being cleared and actually assigned for consular residences and offices, marked No. 2 in the annexed plan, the same to be cleared completely of all buildings or tenements, and delivered over to the consuls for appropriation to such uses and divided as heretofore agreed upon by the consuls among themselves, without further intervention of the Japanese authorities, rental being paid by the respective tenants as in the other portions of the foreign settlement.

7. The whole of the ground extending from the custom-house hatoba along the sea-front to the lot recently assigned to the French, at Bentong, and backward to the main street, (section No. 3 in the plan annexed,) to be held available for foreign occupation and appropriated at public sale, open to competition for foreigners and Japanese, in such proportions or quantity as, from time to time, may be found expedient.

The Japanese government undertakes, when these appropriations are in progress, to extend the present bounds of the foreign settlement from the custom-house hatoba to the French lot of Bentong. Toward the expense of this work, already agreed upon in former conferences of the 8th September and 24th October, and recorded in the memoranda before mentioned, of one-half the proceeds of sales or prices paid for right of location in this new extension of settlement along the sea-side, (after paying expenses and indemnities for loss or removal of the Japanese tenants,) to be paid to the governor of Kanagawa so long as the whole expense shall not have been reimbursed according to verified estimates and contracts for the work done. It is understood that the rent shall be paid the same as for all other allotments.

8. As the ministers of the treaty powers are not at present enabled to resume their residence at Yedo, it may be necessary to make provision for the temporary location of one or more at Yokohama. With this object in view, the French and Dutch representatives having already locations assigned at Bentong, (as also the Prussian consul,) it is expressly agreed and provided that the remaining portion of the sea-front of Bentong, extending from the Prussian lot to the western corner and marked No. 4 in the plan annexed, shall be reserved for the ministers of the diplomatic representatives of Great Britain and the United States, and if not immediately required shall not be otherwise appropriated for any use except as at present occupied without reference to them, and their consent obtained, the size of this location to be settled afterwards between the Japanese government and the representatives of the above named two nations.

9. An adequate site for a club-house for the united services of all nations having been promised, either on the site of the buildings now occupied by the British commissariat, marked No. 5 in the plan annexed, or in its close vicinity, it is agreed that quick possession shall be secured, and the trustees of the club shall pay the estimated Value of any buildings thereon or pay all the expenses of their removal by the owners, and be subject to rental in like manner as all other foreigners holding land.

10. A conveniently situated market being a great desideratum for Japanese for the sale of provisions, it is agreed that the open space now in use for that purpose, and marked No. 6 in the annexed plan, shall be further enlarged and levelled, and at one extremity a series of stalls erected under a piazza or covered-way for the sale of provisions.

11. As under the present state of affairs the Japanese government desire foreigners to ride on the Tokaido as little as possible, they undertake to make a good riding road for the exercise of foreigners four or five miles in extent, winding round and through the Mississippi valley, not less than twenty feet wide, to be made and kept in good order by the Japanese government in accordance with the plans agreed upon and already being put in execution under the direction and superintendence of Major Wray, a chief engineer officer.

12. Finally, in order to avoid all further discussion about the keeping of roads, drainage, cleaning of streets, and other municipal objects for which hitherto the Japanese local authorities have been held responsible in view of the high rental paid by all foreign leaseholders, it has been agreed that these objects shall henceforth be secured by the foreign land renters themselves, and towards the expenses that must be incurred annually there shall be a deduction of 20 per cent, from the yearly rent paid by all lands leased to foreigners, to be paid in a municipal fund.

In witness whereof we, the undersigned foreign representatives and Japanese commissioners duly empowered to that effect, hereto set our hands and seals this 19th day of December, 1864.

Done in quintuplicate.