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NOTE.-The treaty as to commercial relations, concluded October 8, 1903, page 166, Article XVII, provides: “It is agreed that all the provisions of the several treaties between the United States and China which were in force on the 1st day of January, 1900, are continued in full force and effect, except in 80 far as they are modified by the present treaty or other treaties to which the United States is a party."]
TREATY OF PEACE, AMITY, AND COMMERCE.
Concluded July 3, 1844; ratification advised by the Senate January
16, 1845; ratified by the President January 17, 1845; ratificatims erchanged December 31, 1845; proclaimed April 18, 1846. (Treaties and Conventions, 1889, p. 145.)
As the Treaty of 1858 was negotiated as a substitute, the references are here given to the corresponding articles in the later treaty, and the articles not referred to therein are printed.
I. Peace and amity. (See Art. I, p. 135.)
1858, p. 145.)
V. Commerce. (See Art. XV, p. 110.)
ARTICLE VII. Passenger and cargo boats. 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 five ports. All cargo boats however, conveying merchandise subject to duty shall pay the regular 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.
VIII. Pilots, etc. (See Art. XVII, p. 110.)
X. Vessels arriving in China. (See Art. XIX, p. 141.)
ARTICLE XII. Standard weights and measures. Sets of standard balances, and also weights and measures, duly prepared, stamped and sealed according to the standard of the custom
house at Canton shall be delivered by the superintendent of customs to the Consuls of each of the tive ports to secure uniformity and prerent confusion in measure and weight of merchandise.
XIII. Parment of duties. (See Art. XXII, p. 142.)
ARTICLE XV. Liberty to trade. The former limitation of the trade of foreign nations to certain persons appointed at Canton by the Government and commonly called Hong-merchants, having been abolished, citizens of the C'nited 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.
XVI. Collection of debts. (See Art. XXIV, p. 143.)
ARTICLE XXIII. Reports by consuls. The Consuls of the United States at each of the fire 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 sear; and of the amount and value of goods imported or exported in aid vessels for transmission to and inspection of the board of Perenue. XXIV. Communications with officials. (See Art. XXVIII,
p. 114.) XXV. Rights of United States citizens. (See Art. XXVII,
p. 14.) XXVI. Merchant ressels in Chinese waters. (See Art. XIII,
XXVI!. Shipwrecks, etc. (See Art. XIII, p. 139.)
ARTICLE XXVIII. Embargo. Citizens of the C'nited States their ressels and property shall not be subject to any embargo; nor shall they be seized and 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.
XXIX. Control over seamen. (See Art. XVIII, p. 110.) XXX. Official correspondence. (See Art. VII. p. 137.) XXXI. Communications. (See Art. VIII, p. 137.) XXXII. Naral vessels in Chinese waters. (See Art. IX. p. 137.) XXXIII. Clandestine trade. (See Art. XIV, p. 139.)
ARTICLE XXXIV. Duration; ratification.
When the present convention shall have been definitely 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 negotiations.
And when ratified, the treaty shall be faithfully observed in all its parts by the United States and China, and by every citizen and subject of each. And no individual State of the United States can appoint or send a Minister to China to call in question the provisions of the
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.
În 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 Taou Kwang the twenty fourth year, fifth month and eighteenth day.
The Tariff of Duties to be levied on imported and exported Merchandise
at the Five Ports.
(See Convention of November 8, 1858, p. 146.)
TREATY OF PEACE, AMITY, AND COMMERCE.
Concluded June 18, 1858; ratification advised by the Senate December
15, 18.58; ratified by the President December 21, 1858; ratifications unchanged August 16, 1859; proclaimeil January 26, 1860. (Treaties and Conventions, 1889, p. 159.)
ARTICLES. I. Declaration of amity.
XVII. Pilots, etc. II. Deposit oi treaty.
XVIII. Control of ships, etc. III. Promuigation.
XIX. Ships' papers, etc. IV. Diplomatic privileges.
XX. Customs examinations. V. Visit of minister to Capital.
XXI. Reexportation. VI. Residence oi minister at the Cap- XXII. Payment of duties. ital.
XXIII. Transshipment of goods. VII. Correspondence.
XXIV. Collection of debts. VIII. Personal interviews.
XXV. Chinese teachers, etc. IX. Saral vessels in Chinese waters. XXVI. Trade with China in case of
S. Consnls authorized. XI. United States citizens in China. XXVII. Rights of United States citiXI. Privileges in open ports. XIII. Shipwrecks; pirates.
XXVIII. Communications with officers. XIV. Open ports; clandestine tra le pro- IXIX. Freedom of religion. hibited.
XXX. Most favored nation privileges IV. Commerce permitted; tariff.
to United States citizens; XI Tonnage duties.
ratification. The United States of America and the Ta Tsing Empire, desiring to maintain firm, lasting, and sincere friendship, bare resolved to renew, 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 he mutually observed in the intercourse of their respective countries: for which most desirable object, the President of the United States and the August Sorereign of the Ta Tsing Empire hare named for their plenipotentiaries to wit: The President of the United States of America, William B. Reed, Enror Extraordinary and Minister Plenipotentiary to China and His Majesty the Emperor of China, Eweiliang, a member of the Privy Council and Superintendent of the Board of Punishments; and Hwa hana, President of the Board of Civil Office and Major General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them being Imperial Commissioners and Plenipotentiaries: And the said Ministers, in virtue of the respective full powers they have received from their Governments, have agreed upon the following articles.
There shall be, as there have always been, peace and friendship between the l’nited States of America and the Ta Tsing Empire, and between their people respectively. They shall not insult or oppress eah other for any trifling cause so as to produce an estrangement between them, and if any other nation should act unjustly or oppressively, the l'nited States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing their friendly feelings.
See Treaty of July 28, 1868, p. 155; and Treaty of October 8, 1903, p. 166.
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 States, shall be de osited at Pekin, the capital of His Majesty the Emperor of China in charge of the Privy Council; and as ratified by His 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 or the highest diplomatic representative of the United States of 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 and advantage. His visit 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