The following day the Commodore landed to have a conference in regard to the remaining points of the treaty, previous to signing.  He was met at the treaty-house by the commissioners.  As soon as the Commodore had taken his seat, a letter was handed to him, which the Japanese said they had just received from Simoda.  It was from Commander Pope, and had been transmitted through the authorities overland.  Its contents gave a satisfactory report of Simoda, and the Commodore at once said he accepted that port, but declared that it must be opened without delay.  Hakodate, he added, would do for the other, and Napha, in Riu Kiu [Loo Choo Islands], could be retained for the third.  In regard to the other two he was willing, he said, to postpone their consideration to some other time.

The Commodore now proposed to sign the agreement in regard to the three ports, and directed his interpreter to read it in Dutch.  When the document had been thus read and afterward carefully perused by the Japanese, they said they were prepared to concur in everything except as to the immediate opening of Simoda.  After discussion, it was finally settled that, though the port might be opened, the Japanese would address a note to the Commodore, saying that not everything which might be wanting by ships would be furnished there before the expiration of ten months, but that wood and water and whatever else the place possessed would be supplied immediately; and to this note the Commodore promised to reply and express his satisfaction with such an arrangement.

The question now came up with respect to the extent of privileges to be granted to Americans who might visit Simoda, in the discussion of which it was plain that the Japanese meant to be distinctly understood as prohibiting absolutely, at least for the present, the permanent residence of Americans, with their families, in Japan.  The distance, also, to which Americans might extend their excursions into the country around the ports of Simoda and Hakodate was settled; and it is observable that, at the special request of the Japanese, the Commodore named the distance, they assenting at once to that which he mentioned.

The proposition to have consular agents residing in Japan evidently gave great anxiety to the commissioners.  The Commodore was firm in saying there must be such agents, for the sake of the Japanese themselves as well as for that of his own countrymen, and it was finally conceded that there should be one, to live at Simoda, and that he should not be appointed until a year and eighteen months from the date of the treaty.

Two more articles, including the new points that had been discussed, were now added to the transcript of the proposed treaty; the Japanese promised to bring on board the Powhatan next day a copy in Dutch of their understanding of the agreement as far as concurred in, and the Commodore departed.