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TREATY WITH CHINA, CONCLUDED JULY 3, 1844; RATIFICATIONS EXCHANGED DECEMBER 31, 1845; PROCLAIMED APRIL 18, 1846.
The United States of America and the Ta Tsing Empire, desiring to establish firm, lasting, and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries:
For which most desirable object the President of the United States has conferred full powers on their Commissioner, Caleb Gushing, Envoy Extraordinary and Minister Plenipotentiary of the United States to China; and the August Sovereign of the Ta Tsing Empire on his Minister and Commissioner Extraordinary Tsiyeng, of the Imperial House, a Vice Guardian of the Heir Apparent, Governor General of the Two Kwang, and Superintendent General of the trade and foreign intercourse of the five ports. i
And the said Commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles:
There shall be a perfect, permanent, and universal peace, and a sincere and cordial amity, between the United States of America on the one part, and the Ta Tsing Empire on the other part, ,**c""" and between their people respectively, without exception of persons or places.
Citizens of the United States resorting to China for the purposes of commerce will pay the duties of import and export prescribed in the tariff, which is fixed by and made a part of this treaty. They shall, in no case, be subject to other or higher duties than are or shall be required of the people of any other nation whatever. Fees and charges of every sort are wholly abolished, and officers of the revenue, who may be guilty of exaction, shall be punished according to the laws of China. If the Chinese Government desire to modify, in any respect, the said tariff, such modification shall be made only in consultation with Consuls or other functionaries thereto duly authorized in behalf of the Uuited States, and with consent thereof. And if additional advantages or privileges, of whatever description, be conceded hereafter by China to any other nation, the United States, and the citizens thereof, shall be entitled thereupon to a complete, equal, and impartial participation in the same.
The citizens of the United States are permitted to frequent the five ports of Kwang-chow, Amoy, Fuchow, Niugpo, and Shang- Port, whkh „w hai, and to reside with their families and trade there, and to ^wih^L.ed proceed at pleasure with their vessels and merchandise to sute*
and from any foreign port and either of the said five ports, and from either of the saitl five ports to any other of them. But said vessels shall not unlawfully enter the other ports of China, nor carry on a clandestine and fraudulent trade along the coasts thereof. And any vessel belonging to a citizen of the United States which violates this provision shall, with her cargo, be subject to confiscation to the Chinese Government.
For the" superintendence and regulation of the concerns of the citizens of the United States doing business at the said five ports, the Government of . the United States may appoint Consuls or other officers at the same, who shall be duly recognized as such by the officers of the Chinese Government, and shall hold official intercourse and correspondence with the latter, either personal or in writing, as occasions may require, on terms of equality and reciprocal respect. If disrespectfully treated or aggrieved in any way by the local authorities, said officers on the one hand shall have the right to make representation of the same to the superior officers of the Chinese Government, who will see that full inquiry and strict justice be had in the premises; and, on the other hand, the said Consuls will carefully avoid all acts of unnecessary offence to, or collision with, the officers and people of China.
At each of the said five ports, citizens of the United States lawfully engaged in commerce shall be permitted to import from ri^ioTh^H'Sa. their own or any other ports into China, and sell there, and °' °" u" purchase therein, and export to their own or any other ports, all manner of merchandise, of which the importation or exportation is not prohibited by this treaty, paying the duties which are prescribed by the tariff hereinbefore established, and no other charges whatsoever.
Whenever any merchant vessel belonging to the United States shall The r.of Y., ellter either of the said five ports for trade, her papers shall »u .Ttb? viJS. be lodged with the Consul, or person charged with affairs, *'ihTM cYrtbJ*6.". who will report the same to the commissioner of customs;
and tonnage duty shall be paid on said vessel at the rate of five mace per ton, if she be over one hundred and fifty tons burden;
and one mace per ton if she be of the burden of one hundred and fifty tons or under, according to the amount of her tonnage as specified in the register; said payment to be in full of the former charges of measurement and other fees, which are wholly abolished. And if any vessel, which having anchored at one of the said ports, and there paid tonnage duty, shall have occasion to go to any others of the said ports to complete the disposal of her cargo, the Consul, or person charged with affairs, will report the same to the commissioner of customs, who, on the departure of the said vessel, will note in the port-clearance that the tonnage duties have been paid, and report the same to the other custom-houses; in which case on entering another port the said vessel will only pay duty there on her cargo, but shall not be subject to the payment of tonnage duty a second time.
No tonnage duty shall be required on boats belonging to citizens of the United States, employed in the conveyance of passengers, baggage, letters, and articles of provision, or others not subject to duty, to or from any of the live ports. All cargo boats, however, conveying merchandise subject to duty, shall pay the regular tonnage duty of one mace per ton, provided they belong to citizens of the United States, but not if hired by them from subjects of China.
Citizens of the United States, for their vessels bound in, shall be allowed to engage pilots, who will report said vessels at the pito ^ passes, and take them into port; and, when the lawful duties have all been paid, they may engage pilots to leave port. It shall also be lawful for them to hire, at pleasure, servants, compradors, linguists, and writers, and passage or cargo boats, and to employ laborers, seamen, and persons for whatever necessary service, for a reasonable compensation, to be agreed on by the parties, or settled by application to the Consular Officer of their Government, without interference on the part of the local officers of the Chinese Government.
Whenever merchant vessels belonging to the United States shall have entered port, the superintendent of customs will, if he ru.tom.hoo~. «esee fit, appoint custom-house officers to guard said vessels, who may live on board the ship or their own boats, at their convenience; but provision for the subsistence of said officers shall be made by the superintendent of customs, and they shall not be eutitled to auy allowance from the vessel or owner thereof; and they shall be subject to suitable punishment for any exaction practiced by them in violation of this regulation.
Whenever a merchant vessel belonging to the United States shall cast anchor in either of said ports, the supercargo, master, rroctei,v,„r,„. or consignee, will, within forty-eight hours, deposit the ship's s'Lfnnlh^'^papers in the hands of the Consul or person charged with the rir'"'"CbmAaffairs of the United States, who will cause to be communicated to the superintendent of customs a true report of the name and tonnage of such vessel, the names of her men, and of the cargo on board; which being done, the superintendent will give a permit for the discharge of her cargo.
And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars; and the goods so discharged without permit shall be subject to forfeiture to the Chinese Government. But if the master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duties on such part only, and to proceed with the remainder to any other ports.
Or, if the master so desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he will not be subject to pay tonnage or other duties or charges, until, on his arrival at another port, he shall proceed to discharge cargo, when he will pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held to be due after the expirar tion of said forty-eight hours.
The superintendent of customs, in order to the collection of the proper duties, will, on application made to him through the Consul, u""Srdu'i"eAo"<: appoint suitable officers, who shall proceed, in the presence
1 of the captain, supercargo, or consignee, to make a just and
fair examination of all goods in the act of being discharged for importation, or laden for exportation on board any merchant vessel of the United States. And if dispute occur in regard to the value of goods subject to an ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not afterwards, be referred to the said Consul to adjust with the superintendent of customs.
Sets of standard balances, and also weights and measures, duly presuKhnboctiiht. pared, stamped, and sealed, according to the standard of the .•.nd mcuun... customhouse at Canton, shall be delivered by the superintendents of customs to the Consuls at each of the five ports, to secure uniformity, and prevent confusion in measures and weights of merchandise.
The tonnage duty on vessels belonging to citizens of the United States TD>Wi>dok shall be paid on their being admitted to entry. Duties of dotie.. import shall be paid on the discharge of the goods, and duties
of export on the lading of the same: When all such duties shall have been paid, and not before, the superintendent of customs shall give a port clearance, and the Consul shall return the ship's papers, so that she may depart on her voyage. The duties shall be paid to the shroff's authorized by the Chinese Government to receive the same in. its behalf. Duties payable by merchants of the United States shall be received either in sycee silver or in foreign money, at the rate of exchange as ascertained by the regulations now in force. And imported goods, on their resale or transit in any part of the empire, shall be subject to the imposition of no other duty than they are accustomed to pay at the date of this treaty.
Xo goods on board any merchant vessel of the United States in Tr«B.hipm^t of l)01"fc sire to be transhipped to another vessel, unless there Sirtecd'sJS uo particular occasion therefor; in which case, the occasion u.anoint. shall be certified by the Consul to the superintendent of customs, who may appoint officers to examine into the facts, and permit the transhipment. And if any goods be transhipped without such application, inquiry, and permit, they shall be subject to be forfeited to the Chinese Government.
The former limitation of the trade of foreign nations to certain persous appointed at Canton by the Government, and commonly called hong-merchants, haviug been abolished, citizens of the United States engaged in the purchase or sale of goods of import or export, are admitted to trade with any and all subjects of China without distinction; they shall not be subject to any new limitations, nor impeded in their business by monopolies or other injurious restrictions.
The Chinese Government will not hold itself responsible for any debts which may happen to be due from subjects of China to the citizens of the United States, or for frauds committed by them; but citizens of the United States may seek redress in law; and on suitable representation being made to the Chinese local authorities through the Consul, they will cause due examination in the premises, and take all proper steps to compel satisfaction. But in case the debtor be dead, or without property, or have absconded, the creditor cannot be indemnified according to the old system of the co-hong, so called. And if citizens of the United States be indebted to subjects of China, the latter may seek redress in the same way through the Consul, but without any responsibility for the debt on the part of the United States.
Citizens of the United States residing or sojourning at any of the ports open to foreign commerce shall enjoy all proper
* 1 j .. . iX ■ ■ 1 1 1 c 1 'Citiira. of United
accommodation in obtaining houses and places of business, si«e.re.id,M»t.w or in hiring sites from the inhabitants on which to con- ° 1' struct houses and places of business, and also hospitals, churches, and cemeteries. The local authorities of the two Governments shall select in concert the sites for the foregoing objects, having due regard to the feelings of the people in the location thereof; and the parties interested will fix the rent by mutual agreement, the proprietors on the one hand not demanding any exorbitant price, nor the merchants ou the other unreasonably insisting on particular spots, but each conducting with justice and moderation. And any desecration of said cemeteries by subjects of China shall be severely punished according to law.
At the places of anchorage of the vessels of the United States,-the citizens of the United States, merchants, seamen, or others
• ■ . ■ '-, • ,< -i ■ < Placos of anchorage.
sojourning there, may pass and repass in the immediate neighborhood; but they shall not at their pleasure make excursions into the country among the villages at large, nor shall they repair to public marts for the purpose of disposing of goods unlawfully and in fraud of the. revenue.
And, in order to the preservation of the public peace, the local officers of the Government at each of the five ports shall, in concert with the Consuls, define the limits beyond which it shall not be lawful for citizens of the United States to go.
It shall be lawful for the officers or citizens of the United States to employ scholars and people of any part of China, without distinction of persons, to teach any of the languages of the empire, and to assist in literary labors; and the persons so employed shall