connected with
the shogun's family was bitterly hostile to the policy of holding any
friendly relations with foreigners. He was therefore regarded as the head
of the _Jo-i_ party, and many of the disaffected _samurai_ rallied about
him as their champion and leader.

It was charged against the shogun that in making treaties with foreign
nations he had transcended the powers(274) that rightly belonged to him.
He was not the sovereign of Japan and never had been. He was only the
chief executive under the emperor, and was not even next in rank to the
emperor. It was impossible, therefore, that treaties made by the shogun
and not ratified by his sovereign should be regarded by the Japanese as
legitimate and binding.

The question of the legality of the treaties which the shogun had made was
an important one, and interested not only the Japanese themselves but the
foreigners whose privileges under these treaties were at stake. There is
no doubt that Commodore Perry as well as all the subsequent negotiators,
believed that in making treaties with the shogun they were dealing with a
competent authority. The precedents occurring in the history of Japan
seemed all to bear in this direction. The Portuguese and the Spanish had
dealt with the shogun and never with the emperor. The Dutch had received
from Ieyasu the privileges of trade and had ever since continued under the
shogun's protection. Captain Saris in his negotiations in 1614 received
written assurances of protection and privileges of trade from the shogun.

It was because the shogun's power had become weakened, and there had grown
up an active sentiment against him, that the question in reference to his
legitimate authority arose. "Had the treaty" (with Perry) "been concluded
when the power of Yedo was at its former height, it is probable that no
questions would have been asked."(275)

According to the terms of the treaty made with the United States it was
provided that a consul should be appointed "to reside at Shimoda at any
time after the expiration of eighteen months from the signing the treaty."
In execution of this provision the United States government sent out
Townsend Harris, who arrived in August, 1856. After some hesitation he was
allowed to take up his residence at Shimoda. He was a man of great
patience and tact, and gradually urged his way into the confidence of the
government. He became the counsellor and educator of the officials in
everything pertaining