CHINA, 1858.

TREATY OF PEACE, AMITY AND COMMERCE.

Concluded June 18, 1858. Ratifications exchanged at Pehtang, August 16, 1859. Proclaimed January 26, 1860.

ARTICLE I-Declaration of amity.

ARTICLE II. The original treaty, as ratified by the President of the United States, shall be deposited at Pekin, in charge of the Privy Council; and as ratified by the Emperor of China, shall be deposited at Washington, in charge of the Secretary of State.

ARTICLE III.-Promulgation of treaty.

ARTICLE IV.-The Minister of the United States "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, or of the "Two Kiangs."

ARTICLE V. (Formalities to be observed by Ministers of the United States; residence and suite of United States Ministers.)"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 and 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 Rites at the capital, and thereupon the said Board

shall give the necessary directions to facilitate his journey and give him necessary protection and respect on his 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."

ARTICLE VI.-Most favored nation principle to be applied to the privileges of the United States Minister.

ARTICLE VII.-Forms of communication between officers of the two nations. No presents shall ever be demanded.

ARTICLE VIII.-Rules as to personal intercourse between the representatives of the two nations.

ARTICLE IX.-The vessels of the United States shall enjoy all suitable facilities for procuring supplies, &c., in Chinese open ports. And if attacked by pirates, the national vessels of the United States may pursue the pirates, and if captured, deliver them over for trial and punishment.

ARTICLE V.-(Privileges of United States Consuls in China.) "The United States of America shall have the right to appoint Consuls 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; who shall hold official intercourse and correspondence with the local officers of the Chinese Government (a Consul or a Vice-Consul in charge taking rank with an Intendant 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 nation 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."

ARTICLE XI.-(Privileges of United States citizens in China.) "All citizens of the United States of America in China, peaceably attending to their affairs, being placed on a common footing of 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 property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately despatch 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 towards 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."

ARTICLE XII.-(Privileges of citizens of the United States residing at open ports.)-" Citizens of the United States, residing or sojourning at any of the ports open to foreign commerce, shall be permitted to rent houses and places of 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."

ARTICLE XIII.-United States vessels wrecked or stranded on the Chinese coast are to be protected. Such vessels shall also be as far as possible protected from the depredations of pirates.

ARTICLE XIV.-(Designation of open ports.)-"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 Cheh-kiang, 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 States 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."

ARTICLE XV.-(Commerce at open ports-Tariff of duties.)— "At each of the ports open to commerce citizens of the United States shall be permitted to import from abroad, and sell, purchase and export all merchandise of which the importation or exportation is not prohibited by the laws of the empire. The tariff of duties to be paid by citizens of the United States, on the export and import of 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."

ARTICLE XVI.-Certain tonnage duties to be paid by American vessels.

ARTICLE XVII.-Citizens of the United States shall be allowed to engage pilots, servants, and teachers.

ARTICLE XVIII.-Customs officers may be stationed on board United States vessels in Chinese ports. Deserters from such vessels shall be returned. Chinese criminals are not to take refuge on American vessels.

ARTICLE XIX.-Papers of vessels of the United States casting anchor in Chinese harbors must be deposited with Consul within forty-eight hours. Permits to land cargo-Tonnage duties, due after said forty-eight hours.

ARTICLE XX.-Customs examinations in case of dispute to be made by Consul and Superintendent of Customs.

ARTICLE XXI.-Re-exportation of goods permitted. ARTICLE XXII. and XXIII.-Regulations for the payment of tonnage and customs duties, and transshipment of goods. ARTICLE XXIV.-Regulation for the collection of debts; resort had to Consul. Neither government shall be held responsible.

ARTICLE XXV.-Liberty to employ Chinese teachers.

ARTICLE XXVI.-(Treatment of United States vessels in time of war between China and another power-Privileges only to be enjoyed by preserving strict neutrality.)" 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 the 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 should for that cause 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 powers, 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