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In order to perpetuate friendship, on the exchange of ratifications by the President, with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of China, this treaty shall be kept and sacredly guarded in this way, viz: The original treaty, as ratified by the President of the United Statesj shall be deposited at Pekin, the capital of Ilis Majesty the Emperor of China, in charge of the Privy Council; and, as ratified by Ilis Majesty the Emperor of China, shall be deposited at Washington, the capital of the United States, in charge of the Secretary of State.
In order that the people of the two countries may know and obey the provisions of this treaty, the United States of America agree, immediately on the exchange of ratifications, to proclaim the same, and to publish it by proclamation in the gazettes where the laws of the United States of America are published by authority; and His Majesty the Emperor of China, on the exchange of ratifications, agrees immediately to direct the publication of the same at the capital and by the governors of all the provinces.
In order further to perpetuate friendship, the Minister or Commissioner, Th« cued s«t«. or the highest diplomatic representative of the United States Minuter.»chiTM. Qf America in China, shall at all times have the right to correspond on terms of perfect equality and confidence with the officers of the Privy Council at the capital, or with the Governors-General of the Two Kwangs, the provinces of Fuhkien and Chehkiang or of the Two Kiangs; and whenever he desires to have such correspondence with the Privy Council at the capital he shall have the right to send it through either of the said Governors-General or by the general post; and all such communications shall be sent under seal, which shall be . most carefully respected. The Privy Council and Governors-General, as the case may be, shall in all cases consider and acknowledge such communications promptly and respectfully.
The Minister of the United States of America in China, whenever he has business, shall have the right to visit and sojourn at the capital of His Majesty the Emperor of China, and there confer with a member of the Privy Council, or any other' high officer of equal rank deputed for that purpose, on matters of common interest #nd advantage. His visits shall not exceed one in each year, and he shall complete his business without unnecessary delay. He shall be allowed to go by land or come to the mouth of the Peiho, into which he shall not bring ships of war, and he shall inform the authorities at that place in order that boats may be provided for him to go on his journey. He is not to take advantage of this stipulation to request visits to the capital on trivial occasions. Whenever he means to proceed to the capital, he shall communicate, in writing, his intention to the Board of Kites at the capital, and thereupon the said Board shall give the necessary directions to facilitate bis journey and give hiui necessary protection and respect on
bis way. On his arrival at the capital he shall be furnished
with a suitable residence prepared for him, and he shall
defray his own expenses; and his entire suite shall not exceed twenty
persons, exclusive of his Chinese attendants, none of whom shall be
engaged in trade.
If at any time His Majesty the Emperor of China shall, by treaty voluntarily made, or for any other reason, permit the representative of any friendly nation to reside at his capital for a long or short time, then, without any further consultation or express permission, the representative of the United States in China shall have the same privilege.
The superior authorities of the United States and of China, in corresponding together, shall do so on terms of equality and in form of mutual communication, (chau-hwui.) The Consuls .poX"c.° b«£££ and the local officers, civil and military, in corresponding United SUttM ana together, shall likewise employ the style and form of mutual Ch"^ communication, (chau-htcui.J "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, (pinching.) In no case shall any terms or style be used or suffered which shall be offensive or disrespectful to either party. And it is agreed »„„„„ MXatl, that no presents, under any pretext or form whatever, shall ever be demanded of the United States by China, or of China by the United States.
In all future personal intercourse between the representative of the United States of America and the Governors-General or Gov- _ ernors, the interviews shall be had at the official residence '"">°" of the said officers, or at their temporary residence, or at the residence of the representative of the United States of America, whichever may be agreed upon between them; nor shall they make any pretext for declining these interviews. Current matters shall be discussed by correspondence, so as not to give the trouble of a personal meeting.
Whenever national vessels of the United States of America, in cruising along the coast and among the ports opened for trade r„ililiM „r ;„,„. for the protection of the commerce of their country or for the 5TMrTM "^""'in advancement of science, shall arrive at or near any of the c""""° ports of China, commanders of said ships and the superior local authorities of Government shall, if it be necessary, hold intercourse on terms of equality and courtesy, in token of the friendly relations of their respective nations; and the said vessels shall enjoy all suitable facilities on the part of the Chinese Government in procuring provisions or other supplies and making necessary repairs. And the United States of America agree that in case of the shipwreck of any American vessel, and its being pillaged by pirates, or in case any American vessel shall bepillaged or captured by pirates on the seas adjacent to the 1 A coast, without being shipwrecked, the national vessels of the United States shall pursue the said pirates, and if captured deliver them over for trial and punishment.
The United States of America shall have the right to appoint Consuls unitedsuimen- and other Commercial Agents for the protection of trade, to reside at such places in the dominions of China as shall be agreed to be opened; wrho shall hold official intercourse and correspondence with the local officers of the Chinese Government, (a Consul or a ViceConsul in charge taking rank with an intendaut of circuit or a prefect,) either personally or in writing, as occasions may require, on terms of equality and reciprocal respect. And the Consuls and local officers shall employ the style of mutual communication. If the officers of either natiou are disrespectfully treated or aggrieved in any way by the other authorities, they have the right to make representation of the same to the superior officers of the respective Governments, who shall see that full inquiry and strict justice shall be had in the premises. And the said Consuls and Agents shall carefully avoid all acts of offence to the officers and people of China. On the arrival of a Consul duly accredited at any port in China, it shall be the duty of the Minister of the United States to notify the same to the Governor-General of the province where such port is, who shall forthwith recognize the said Consul and grant him authority to act.
All citizens of the United States of America in China, peaceably uniwd sun,, ciu- attending to their affairs, being placed on a common footing um.inch.n* 0f amity and good will with the subjects of China, shall receive and enjoy for themselves and everything appertaining to them, the protection of the local authorities of Government, who shall defend them from all insult or injury of any sort. If their dwellings or propertybe threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigor of the law. . ^ ^ Subjects of China guilty of any criminal act toward citizens of the United States shall be punished by the Chinese authorities according to the laws of China; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of Chinese, or commit any other improper act in China, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chinese or the United States authorities.
Citizens of the. United States, residing or sojourning at any of the ports c»i.en. of Uniird open to foreign commerce, shall be permitted to rent houses sutTMm open port.. ant] piaces 0f business, or hire sites on which they can themselves build houses or hospitals, churches, and cemeteries. The parties interested can fix the rent by mutual and equitable agreement; the
proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, unless there be some objections offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be paid. The citizens* of the United States shall not unreasonably insist on particular spots, but each party shall conduct with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according to law. At the places where the ships of the United States anchor, or their citizens reside, the merchants, seamen, or others, can freely pass and repass in the immediate neighborhood; but, in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue.
If any vessel of the United States 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, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtaining supplies of provisions and water. 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, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the property which can be recovered to bo restored to the owners or placed in the hands of the consul. If, by reason of the extent of territory and numerous population of China, it shall in any case happen that the robbers cannot be .apprehended, and the property only in part recovered, the Chinese Government shall not make indemnity for the goods lost; but if it shall be proved that the local authorities have been in collusion with the robbers, the same shall be communicated to the superior authorities for memorializing the throne, and these officers shall be severely punished, and their property be confiscated to repay the losses.
The citizens of the United States are permitted to frequent the ports and cities of Canton and Chau-chau or Swatau, in the province of Kwang-tung, Amoy, Fuh-chau, and Tai wan, in Formosa, in the province of Fuh-kien, Ningpo, in the province of Chehkiang, and Shanghai, in the province of Kiang-su, and any other port or place hereafter by treaty with other powers or with the United States opened to commerce, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of China not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision, shall, with her cargo, be subject to confiscation to the Chinese Government; and any citizen of the United Stales who shall trade in any 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.
At each of the ports open to commerce citizens of the United States cTM^,,,,^, shall be permitted to import from abroad, and sell, purchase, por"- and export all merchandise of which the importation or ex
portation is not prohibited by the laws of the empire. The tariff of duties to be paid by citizens of the United States, on the T." ° export and import oi' goods from and into China, shall be
the same as was agreed upon at the treaty of Wanghia, except so far as it may be modified by treaties with other nations; it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favored nation.
Tonnage duties shall be paid on every merchant vessel belonging to T»n» d« United States entering either of the open ports, at the
<""w rate of four mace per ton of forty cubic feet, if she bo over
one hundred and fifty tons burden, and one mace per ton of forty cubic feet, if she be of the burden of one hundred and fifty tons or under, according to the tonnage specified in. the register, which, with her other papers, shall, on her arrival, be lodged with the Consul, who shall report the same to the commissioner of customs. And if any vessel, having paid tonnage duty at one port, shall go to any other port to complete the disposal of her cargo, or, being in ballast, to purchase an entire or fill up an incomplete cargo, the Consul shall report the same to the commissioner of customs, who shall note on the port clearance that the tonnage duties have been paid, and report the circumstances to the collectors at the other custom-houses; in which case, the said vessel shall only pay duty on her cargo, and not be charged with tonnage duty a second time. The collectors of customs at the open ports Bwcon,, u«hv shall consult with the Consuls about the erection of beacons we., *c. or Hght-houses, and where buoys and light-ships should be placed.
Citizens of the United States shall be allowed to engage pilots to take piiou, wrruu, their vessels into port, and, when the lawful duties have all **• been paid, take them out of port. It shall be lawful for
them to hire at pleasure servants, compradores, linguists, writers, laborers, seamen, and persons for whatever necessary service, with passage or cargo boats, for a reasonable compensat ion, to be agreed upon by the parties or determined by the consul.
Whenever merchant vessels of the United States shall enter a port, the collector of customs shall, if he see fit, appoint customhouse officers to guard said vessels, who may live on board the ship or their own boats, at their convenience. The local authorities of the Chinese Government shall cause to be apprehended all mutineers or deserters from on board the vessels of the United States in China on being informed by the Consul, and will deliver