not, for that cause, be subject to any injury on the part either of the Government or of individuals; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China. Protection. ARTICLE XIX. All citizens of the United States in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receive and enjoy, for themselves and everything appertaining to them, the special protection of the local authorities of Government, who shall defend them from all insult or injury of any sort on the part of the Chinese. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, will immediately despatch a military force to disperse the rioters, and will apprehend the guilty individuals, and punish them with the utmost rigor of the law. ARTICLE XX. Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty Re-exportation. thereon, if they desire to re-export the same, in part or in whole, to any other of the said ports, shall be entitled to make application, through their Consul, to the superintendent of customs, who, in order to prevent frauds on the revenue, shall cause examination to be made by suitable officers to see that the duties paid on such goods, as entered on the custom-house books, correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port-clearance of the goods, and the amount of duties paid on the same, and deliver the same to the merchant; and shall also certify the facts to the officers of customs of the other ports. All which being done, on the arrival in port of the vessel in which the goods are laden, and everything being found on examination there to correspond, she shall be permitted to break bulk and land the said goods, without being subject to the payment of any additional duty thereon. But if on such examination the superintendent of customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. Frauds. Criminal acts. ARTICLE XXI. Subjects of China who may be guilty of any criminal act towards citizens of the United States shall be arrested and punished by the Chinese authorities according to the laws of China; and citizens of the United States who may commit any crime in China shall be subject to be tried and punished only by the Consul, or other public functionary of the United States, thereto authorized, according to the laws of the United States. And in order to the prevention of all controversy and disaffection, justice shall be equitably and impartially administered on both sides. ARTICLE XXII. Relations of peace and amity between the United States and China being established by this treaty, and the vessels of the United States being admitted to trade freely to and from Case of war. the five ports of China open to foreign commerce, it is further agreed that in case, at any time hereafter, China should be at war with any foreign nation whatever, and for that cause should exclude such nation from entering her ports, still the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent parties, full respect being paid to the neutrality of the flag of the United States: Provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's service; nor shall said flag be fraudulently used to enable the enemy's ships with their cargoes to enter the ports of China; but all such vessels so offending shall be subject to forfeiture and confiscation to the Chinese Government. Proviso. ARTICLE XXIII. Consuls. The Consuls of the United States, at each of the five ports open to foreign trade, shall make annually to the respective Governors-General thereof a detailed report of the number of vessels belonging to the United States which have entered and left said ports during the year, and of the amount and value of goods imported or exported in said vessels, for transmission to and inspection of the board of revenue. ARTICLE XXIV. Communications. If citizens of the United States have special occasion to address any communication to the Chinese local officers of Government, they shall submit the same to their Consul, or other officer, to determine if the language be proper and respectful, and the matter just and right; in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. In like manner, if subjects of China have special occasion to address the Consul of the United States, they shall submit the communication to the local authorities of their own Government, to determine if the language be respectful and proper, and the matter just and right; in which case the said authorities will transmit the same to the Consul, or other officer, for his consideration and action in the premises. And if controversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations acting in conjunction. ARTICLE XXV. Controversies. All questions in regard to rights, whether of property or person, arising between citizens of the United States in China, shall Regulation of quesbe subject to the jurisdiction, and regulated by the authori- tions in China. ties of their own Government. And all controversies occurring in China. between citizens of the United States and the subjects of any other Government shall be regulated by the treaties existing between the United States and such Governments, respectively, without interference on the part of China. ARTICLE XXVI. Merchant vessels of United States in Merchant vessels of the United States lying in the waters of the five ports of China open to foreign commerce will be under the jurisdiction of the officers of their own Government; who, the five ports. with the masters and owners thereof, will manage the same without control on the part of China. For injuries done to the citizens or the commerce of the United States by any foreign power, the Chinese Government will not hold itself bound to make reparation. But if the merchant vessels of the United States, while within the waters over which the Chinese Government exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereof, will arrest the said robbers or pirates, and punish them according to law, and will cause all the property which can be recovered, to be placed in the hands of the nearest Consul, or other officer of the United States, to be by him restored to the true owner. But if, by reason of the extent of territory and numerous population of China, it should, in any case, happen that the robbers cannot be apprehended, or the property only in part recovered, then the law will take its course in regard to the local authorities, but the Chinese Government will not make indemnity for the goods lost. Robbers, pirates, &c. Shipwrecks. ARTICLE XXVII. If any vessel of the United States shall be wrecked or stranded on the coast of China, and be subjected to plunder or other damage, the proper officers of Government, on receiving information of the fact, will immediately adopt measures for their relief and security; and the persons on board shall receive friendly treatment, and be enabled at once to repair to the most convenient of any other thin one the free ports, and shall enjoy all facilities for obtaining supof the five ports. plies of provisions and water. And if a vessel shall be forced, in whatever way, to take refuge in any port other than one of the free ports, then in like manner the persons on board shall receive friendly treatment, and the means of safety and security. Vessels forced into Embargo. ARTICLE XXVIII. Citizens of the United States, their vessels and property, shall not be subject to any embargo; nor shall they be seized or forcibly detained for any pretence of the public service; but they shall be suffered to prosecute their commerce in quiet, and without molestation or embarrassment. ARTICLE XXIX. serters. The local authorities of the Chinese Government will cause to be Mutineers and de- apprehended all mutineers or deserters from on board the vessels of the United States in China, and will deliver them up to the Consuls or other officers for punishment. And if criminals, subjects of China, take refuge in the houses or on board the vessels of citizens of the United States, they shall not be harbored or concealed, but shall be delivered up to justice, on due requisition by the Chinese local officers addressed to those of the United States. The merchants, seamen, and other citizens of the United States shall be under the superintendence of the appropriate officers of their Government. If individuals of either nation commit Merchants, &c., of United States, acts of violence and disorder, use arms to the injury of others, or create disturbances endangering life, the officers of the two Governments will exert themselves to enforce order, and to maintain the public peace, by doing impartial justice in the premises. ARTICLE XXX. Governments. The superior authorities of the United States and of China in corresponding together shall do so in terms of equality and in the Correspondence beform of mutual communication, (chau-hwui.) The Consuls tween the respective and the local officers, civil and military, in corresponding together shall likewise employ the style and form of mutual communication, (chau-hwui.) When inferior officers of the one Government address superior officers of the other, they shall do so in the style and form of memorial, (chin-chin.) Private individuals in addressing superior officers shall employ the style of petition, (pin-ching.) In no case shall any terms or style be suffered which shall be offensive or disrespectful to either party. And it is agreed that no presents, under any pretext or form whatever, shall ever be demanded of the demanded. United States by China, or of China by the United States. ARTICLE XXXI. Presents not to be communications. Communications from the Government of the United States to the Court of China shall be transmitted through the medium of Transmission ΟΙ the Imperial Commissioner charged with the superintend ence of the concerns of foreign nations with China, or through the Governor-General of the Liang Kwang, that of Min and Cheh, or that of the Liang Kiang. ARTICLE XXXII. Whenever ships of war of the United States in cruising for the protection of the commerce of their country shall arrive at any Intercourse with of the ports of China, the commanders of said ships and the ships of war. superior local authorities of Government shall hold intercourse together in terms of equality and courtesy in token of the friendly relations of their respective nations. And the said ships of war shall enjoy all suitable facilities on the part of the Chinese Government in the purchase of provisions, procuring water, and making repairs if occasion require. ARTICLE XXXIII. Clandestine trade. Citizens of the United States who shall attempt to trade clandestinely with such of the ports of China as are not open to foreign commerce, or who shall trade in opium or any other contraband article of merchandise, shall be subject to be dealt with by the Chinese Government without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Empire. ARTICLE XXXIV. When the present convention shall have been definitively concluded, it shall be obligatory on both powers, and its provisions shall not be altered without grave cause; but inasmuch as the circumstances of the several ports of China open to foreign commerce are different, experience may show that inconsiderable modifications are requisite in those parts which relate to commerce and navigation; in which case the two Governments will, at the expiration of twelve years from the date of said convention, treat amicably concerning the same, by the means of suitable persons appointed to conduct such negotiation. The treaty, when And when ratified this treaty shall be faithfully observed in all its parts by the United States and China and by every citizen ratified, to be faith and subject of each. And no individual State of the United fully observed. States can appoint or send a minister to China to call in question the provisions of the same." The present treaty of peace, amity, and commerce, shall be ratified and approved by the President of the United States, by and with the advice and consent of the Senate thereof, and by the August Sovereign, of the Ta Tsing Empire, and the ratifications shall be exchanged within eighteen months from the date of the signature thereof, or sooner if possible. In faith whereof we, the respective Plenipotentiaries of the United States of America and of the Ta Tsing Empire as aforesaid, have signed and sealed these presents. Done at Wang Hiya, this third day of July, in the year of our Lord Jesus Christ one thousand eight hundred and forty-four, and of Taoukwang the twenty-fourth year, fifth month, and eighteenth day. TSIYENG, (in Manchu.) [L. S. C. CUSHING. [L. S.] The tariff of duties to be levied on imported and exported merchandise at the five ports. The duties which it is agreed shall be paid upon goods imported and exported by the United States, at the custom-houses of Canton, Amoy, Fuchow, Ningpo, and Shanghai, are as follows, the articles being arranged in classes, viz: EXPORTS. CLASS 1.-Alum, oils, &c. Alum, i. e., white alum, formerly white alum and bluestone, per 100 catties.. CLASS 2.-Tea, spices, &c. Tea, formerly divided into fine and native black, and fine and native green teas, per 100 catties Cassia buds, not formerly contained in the tariff, per 100 catties.. *Taels, mace, and candareens. |