CORRESPONDENCE ENCLOSING THE PORTMAN GRANT

Enclosure No. 1 “Original Grant to Mr. Portman for a Railroad between Yedo and Yokohama Japan. 16 January 1868” (Literal Translation)

To A. L. C. Portman

Secretary of the Legation of the United States In compliance with Your request for permission to build and use a railroad between Yedo and Yokohama—and after hearing the report of the proper officers, I hereby give You permission to make the arrangements according to the documents herewith, granting this to You for Such persons as You may designate under observance of accompanying arrangements.

With respect
signed Ogasawara Iki no Kami

The 23rd day of the 12th month of the 3rd year of KeWo [Keio] (16 January 1868)

Conditions

1st	This railroad shall be finished within three years after commencement.
2	Should a permission to build and use such a railroad be applied for by anyone it shall never be given—but if the work be not commenced within five years the grant to be void.
3rd	This railroad must not interfere with the traffic on the Tokaido (main road existing).
4th	The railroad may be for single or double track as desired but a strong palisade must enclose it as in other Countries to prevent accidents.
5th	If the railroad is laid through rice fields it must not interfere with drainage and irrigation.
6th	The rates for freight and passengers must be reasonable and in no case exceed twenty five percent higher than the rates charged in the United States and England.
7th	All Japanese Government officers shall have the right of travel on the railroad at half price.
8th	All the material used for this railroad may be imported free of duty.
9th	The Japanese Government reserves the right at all times when desired to inspect the railroad and all its appurtenances—and whenever in the opinion of the proper officers repairs are needed the owners of the railroad shall make such repairs at once and at their expense.
10th	The Japanese Government will grant all facilities for making the survey and for building the railroad and all contracts made with Japanese in this connection shall be registered with the Government of Japan which will see to their being faithfully and punctually carried out on both sides.
11th	As soon as a Survey shall have been made and the proper route selected, notice thereof with copy of the plans attached must be sent to the Japanese Government, which will then procure the ground required from the owners or occupants within a period not exceeding six months after such notice shall have been received. For such ground the railroad will then pay a rent which in no case shall exceed five rios [ryos] per tan1 for upland and ten rios [ryos] per tan for rice land. This ground rent to be annually paid in advance, the first payment to be on delivery of the ground to the Railroad.
12th	As soon as the railroad shall be finished and in operation a full statement of the entire cost embracing all that relates to the railroad and its operations shall be submitted to the Japanese Government and a statement of receipts and expenditures shall also be sent in every Year.
13th	The Japanese Government reserves the right at any time to purchase the railroad, cars, etc., etc. complete at fifty per cent over and above its cost price.
14th	The Japanese Government will grant to Japanese the right to travel on that railroad freely. Japanese shall also be free to buy shares and such shares shall forever be free from taxation. The owners of the Railroad shall be entirely free in the management of the Same—and any protection that may at any time be needed shall promptly be granted free of expense on a proper application being made.

The foregoing rules or regulations shall be kept forever.

The 23rd day of the 12th month of the 3rd year of KeWo [Keio] (16 January 1868)

signed Ogasawara Iki no Kami

1   A tan is three hundred tsubo of six feet square or thirty-six square feet each; 1210 tsubos are equal to one acre [footnote in original text, i.e. 1 Tan = 300 Tsubo]