SIAM. 1833. CONVENTION OF AMITY AND COMMERCE. Concluded March 20, 1833; ratification advised by the Senate June 30, 1834; ratified by the President; ratifications exchanged April 14, 1836; proclaimed June 24, 1837. (Treaties and Conventions, 1889, p. 992.) (The provisions of this treaty were modified by the Treaty of 1856.) I. Peace. II. Freedom of trade, etc. III. Shipping duties in Siam. V. Shipwrecks. ARTICLES. VI. Settlement of debts. X. Consuls in Siam. His Majesty the Sovereign and Magnificent King in the City of SiaYut'hia has appointed the Chau Phaya-Phra-klang, one of the first Ministers of State, to treat with Edmund Roberts, Minister of the United States of America, who has been sent by the Government thereof, on its behalf, to form a treaty of sincere friendship and entire good faith between the two nations. For this purpose, the Siamese and the citizens of the United States of America shall, with sincerity, hold commercial intercourse in the ports of their respective nations as long as heaven and earth shall endure. This treaty is concluded on Wednesday, the last of the fourth month of the year 1194, called Pi-marông-chat-tava-sôk (or the year of the Dragon), corresponding to the twentieth day of March, in the year of our Lord 1833. One original is written in Siamese, the other in English; but as the Siamese are ignorant of English, and the Americans of Siamese, a Portuguese and a Chinese translation are annexed, to serve as testimony to the contents of the treaty. The writing is of the same tenor and date in all the languages aforesaid. It is signed, on the one part, with the name of the Chau P'haya-P'hra-klang, and sealed with the seal of the lotus flower, of glass; on the other part, it is signed with the name of Edmund Roberts, and sealed with a seal containing an eagle and stars. One copy will be kept in Siam, and another will be taken by Edmund Roberts to the United States. If the Government of the United States shall ratify the said treaty and attach the seal of the Government, then Siam will also ratify it on its part, and attach the seal of its Government. ARTICLE I. There shall be a perpetual peace between the United States of America and the Magnificent King of Siam. ARTICLE II. The citizens of the United States shall have free liberty to enter all the ports of the Kingdom of Siam with their cargoes, of whatever kind the said cargoes may consist; and they shall have liberty to sell the same to any of the subjects of the King, or others who may wish to purchase the same, or to barter the same for any produce or manufacture of the Kingdom, or other articles that may be found there. No prices shall be fixed by the officers of the King on the articles to be sold by the merchants of the United States, or the merchandise they may wish to buy, but the trade shall be free on both sides to sell or buy or exchange on the terms and for the prices the owners may think fit. Whenever the said citizens of the United States shall be ready to depart, they shall be at liberty so to do, and the proper officers shall furnish them with passports: Provided always, There be no legal impediment to the contrary. Nothing contained in this article shall be understood as granting permission to import and sell munitions of war to any person excepting to the King, who, if he does not require, will not be bound to purchase them; neither is permission granted to import opium, which is contraband, or to export rice, which cannot be embarked as an article of commerce. These only are prohibited. ARTICLE III. [Provisions abolished by Treaty of 1856, p. 706.] ARTICLE IV. If hereafter the duties payable by foreign vessels be diminished in favor of any other nation, the same diminution shall be made in favor of the vessels of the United States. ARTICLE V. If any vessel of the United States shall suffer shipwreck on any part of the Magnificent King's dominions, the persons escaping from the wreck shall be taken care of and hospitably entertained at the expense of the King, until they shall find an opportunity to be returned to their country; and the property saved from such wreck shall be carefully preserved and restored to its owners; and the United States will repay all expenses incurred by His Majesty on account of such wreck. ARTICLE VI. If any citizen of the United States, coming to Siam for the purpose of trade, shall contract debts to any individual of Siam, or if any individual of Siam shall contract debts to any citizen of the United States, the debtor shall be obliged to bring forward and sell all his goods to pay his debts therewith. When the product of such bona fide sale shall not suffice, he shall no longer be liable for the remainder, nor shall the creditor be able to retain him as a slave, imprison, flog, or otherwise punish him, to compel the payment of any balance remaining due, but shall leave him at perfect liberty. ARTICLE VII. Merchants of the United States coming to trade in the Kingdom of Siam, and wishing to rent houses therein, shall rent the King's factories, and pay the customary rent of the country. If the said merchants bring their goods on shore, the King's officers shall take account thereof, but shall not levy any duty thereupon. ARTICLE VIII. If any citizens of the United States, or their vessels, or other property, shall be taken by pirates and brought within the dominions of the Magnificent King, the persons shall be set at liberty, and the property restored to its owners. ARTICLE IX. Merchants of the United States trading in the Kingdom of Siam shall respect and follow the laws and customs of the country in all points. ARTICLE X. If hereafter any foreign nation other than the Portuguese shall request and obtain His Majesty's consent to the appointment of Consuls to reside in Siam, the United States shall be at liberty to appoint Consuls to reside in Siam, equally with such other foreign nation. [SEAL.] EDMUND ROBERTS. Whereas the undersigned, Edmund Roberts, a citizen of Portsmouth, in the State of New Hampshire, in the United States of America, being duly appointed an envoy, by letters-patent, under the signature of the President and seal of the United States of America, bearing date at the city of Washington, the twenty-sixth day of January, A. D. 1832, for negotiating and concluding a treaty of amity and commerce between the United States of America and His Majesty the King of Siam: Now know ye, that I, Edmund Roberts, Envoy as aforesaid, do conclude the foregoing treaty of amity and commerce, and every article and clause therein contained; reserving the same, nevertheless, for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the said United States. Done at the royal city of Sia-Yuthia, (commonly called Bankok,) on the twentieth day of March, in the year of our Lord one thousand eight hundred and thirty-three, and of the Independence of the United States of America the fifty-seventh. [SEAL.] S. Doc. 318, 58-2—45 EDMUND ROBERTS. 1856. TREATY OF AMITY AND COMMERCE. Concluded May 29, 1856; ratification advised by the Senate with amendment March 13, 1857; ratified by the President March 16, 1857; ratifications exchanged June 15, 1857; time for exchange of ratifications extended by the Senate June 15, 1858; proclaimed August 16, 1858. (Treaties and Conventions, 1889, p. 995.) I. Amity; mutual assistance. IV. Trade privileges in Siam. VI. Religious freedom, etc. ARTICLES. VII. Privileges to ships of war in Siam. VIII. Duties; trade, etc. IX. Treaty regulations. X. Most favored nation privileges. XI. Duration; revision. XII. Ratification. The President of the United-States of America, and their Majesties Phra-Bard, Somdetch, Phra-Paramendr, Maha, Mongkut, Phra, Chom, Klau, Chau, Yu, Hua, the first King of Siam, and Phra, Bard, Somdetch, Phra, Pawarendr, Ramesr, Mahiswaresr, Phra, Pin, Klau, Chau, Yu, Hua the Second King of Siam, desiring to establish upon firm and lasting foundations the relations of peace and friendship existing between the two Countries, and to secure the best interest of their respective citizens and subjects by encouraging, facilitating and regulating their industry and trade have resolved to conclude a Treaty of Amity and Commerce for this purpose, and have therefore named as their Plenipotentiaries that is to say: The President of the United States, Townsend Harris Esquire of New York, Consul-General of the United States of America for the Empire of Japan, And their Majesties the First and Second Kings of Siam, His Royal Highness, the Prince Krom Hluang, Wongsa, Dhiraj, Snidh, His Excellency Somdetch, Chau, Phaya, Param, Maha, Bijai, Neate, His Excellency Chau, Phaya, Sri, Suriwongse, Samuha, Phra, Kralahom, His Excellency Chau, Phaya, Rawe, Wongee, Maha, Kosa, Dhipade, the Phra Klang, His Excellency Chau, Phaya, Yomray, the Lord Mayor. who after having communicated to each other their respective full powers and found them to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I. There shall henceforward be perpetual peace and friendship, between the United States, and their Majesties the First and Second Kings of Siam and their successors, All American Citizens coming to Siam, shall receive from the Siamese Government full protection and assistance, to enable them to reside in Siam, in all security, and trade with every facility free from oppression or injury on the part of the Siamese. In asmuch as Siam has no ships, trading to the ports of the United States, it is agreed that the ships of war of the United States shall render friendly aid and assistance to such Siamese vessels as they may meet on the high seas, so far as can be done, without a breach of neutrality and all American Consuls, residing at Ports, visited by Siamese vessels, shall also give them such friendly aid, as may be permitted by the laws of the respective countries in which they reside. ARTICLE II. The interests of all American Citizens, coming to Siam, shall be placed under the regulations and control of a Consul, who will be appointed to reside at Bangkok. He will himself conform to and will enforce the observance by American Citizens, of all the provisions of this Treaty, and such of the former Treaty, negotiated by Mr. Edmund Roberts in 1833, as shall still remain in operation. He shall also give effect to all rules and regulations as are now or may hereafter be enacted for the government of American citizens in Siam, the conduct of their trade, and for the prevention of violations of the laws of Siam. Any dispute arising between American Citizens and Siamese Subjects shall be heard and determined by the Consul in conjunction with the proper Siamese officers; and criminal offences will be punished in the case of American offenders, by the Consul, according to American laws, and in the case of Siamese offenders, by their own laws, through the Siamese Authorities. But the Consul shall not interfere in any matters, referring solely to Siamese, neither will the Siamese Authorities interfere in questions, which only concern the Citizens of the United States. ARTICLE III. If Siamese in the employ of American Citizens, offend against the laws of their country, or if any Siamese having so offended, or desiring to desert, take refuge with American Citizens in Siam, they shall be searched for, and upon proof of their guilt or desertion, shall be delivered up, by the Consul, to the Siamese authorities. In like manner, any American Offenders, resident or trading in Siam, who may desert, escape to, or hide themselves in Siamese Territory, shall be apprehended and delivered over, to the American Consul on his requisition. ARTICLE IV. American Citizens are permitted to trade freely in all the Sea-ports of Siam, but may reside permanently only at Bangkok, or within the limits assigned by this Treaty. American citizens coming to reside at Bangkok may rent land and buy or build houses, but cannot purchase land within a circuit of two hundred Seng (not more than four Miles English) from the citywalls, until they shall have lived in Siam for ten years, or shall obtain special authority from the Siamese Government to enable them to do so. But with the exception of this limitation, American Residents in Siam may at any time buy or rent houses, lands or plantations, situated anywhere within a distance of twenty four hours journey from the city of Bangkok, to be computed by the rate at which boats of the country can travel. In order to obtain possession of such lands or houses, it will be necessary that the American Citizen shall, in the first place, make application through the Consul, to the proper Siamese Officer, and the Siamese Officer and the Consul having satisfied themselves of the honest intentions of the Applicant, will assist him in settling, upon equitable terms, the amount of the purchase money, will make out and fix the boundaries of the property, and will convey the same to the American Purchaser under sealed deeds, whereupon he and his property shall be placed under the protection of the Governor of the District, and that of the particular local Authorities: He shall conform in ordinary matters to any just direction given him by |