1858.

TREATY OF PEACE, AMITY, AND COMMERCE.a

Concluded June 18, 1858; ratification advised by the Senate December 15. 1858; ratified by the President December 21, 1858; ratifications exchanged August 16, 1859; proclaimed January 26, 1860. (Treaties and Conventions, 1889, p. 159.)

The United States of America and the Ta Tsing Empire, desiring to maintain firm, lasting, and sincere friendship, have 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 be mutually observed in the intercourse of their respective countries: for which most desirable object, the President of the United States and the August Sovereign of the Ta Tsing Empire have named for their plenipotentiaries to wit: The President of the United States of America, William B. Reed, Envoy Extraordinary and Minister Plenipotentiary to China and His Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments; and Hwashana, 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.

ARTICLE I.

There shall be, as there have always been, peace and friendship between the United States of America and the Ta Tsing Empire, and between their people respectively. They shall not insult or oppress each other for any trifling cause so as to produce an estrangement between them, and if any other nation should act unjustly or oppressively, the United 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.

ARTICLE II.

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 deposited 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.

ARTICLE III.

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.

ARTICLE IV.

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.

ARTICLE V.

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

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.

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.

ARTICLE VII.

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 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 (shinchin). Private individuals in addressing superior officers, shall employ the style of petition (pin ching). 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 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.

ARTICLE VIII.

In all future personal intercourse between the Representative of the United States of America and the Governors General or Governors 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.

ARTICLE IX.

Whenever national vessels of the United States of America in cruising along the coast and among the ports opened for trade, for the protection of the commerce of their country, or for the advancement of science, shall arrive at or near any of the 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 Americ tured by pirates on the seas adjace wrecked, the national vessels of the pirates, and if captured deliver t

The United States of Americ Consuls and other commercial age reside at such places in the dom to be opened, who shall hold offic with the local officers of the Chine Consul in charge taking rank with either personally or in writing as equality and reciprocal respect. shall employ the style of mutual either nation are disrespectfully the other anthorities they have th the same to the Superior Officers shall see that full inquiry and stri ises; and the said Consuls and age offense to the officers and people o sul duly accredited at any port in Minister of the United States to General of the province where such nize the said Consul and grant him

All citizens of the United State attending to their affairs, being pla and good will with the subjects of themselves and everything appertai local authorities of government, wh or injury of any sort. If their dwel attacked by mobs, incendiaries, or the local officers, on requisition of patch a military force to disperse individuals and punish them with th jects of China guilty of any criminal States shall be punished by the Ch laws of China. And citizens of the in any merchant vessel, who may ins or injure the property of Chinese o in China, shall be punished only by tionary thereto authorized according Arrests in order to trial may be m United States authorities.

Citizens of the United States resi ports open to foreign commerce shall places of business or hire sites on houses or hospitals, churches and cer

United States shall he pic of import shall be paid on the port on the king of the same and it be the col

and the Consul shall

papers. The duties shall be paid to the shroffs Chinese Government to receive the same. Duties received either in sycee silver or in foreign money lay. If the Consul permits a ship to leave the port nd tonnage dues are paid, he shall be held responsible

ARTICLE XXIII.

board any merchant vessel of the United States in transshipped to another vessel, application shall be 1, who shall certify what is the occasion therefor to of customs, who may appoint officers to examine permit the transshipment. And if any goods be out written permits, they shall be subject to be forese Government.

ARTICLE XXIV.

debts due by subjects of China to citizens of the latter may seek redress in law; and on suitable ing made to the local authorities through the cone due examination in the premises, and take proper tisfaction. And if citizens of the United States be ets of China, the latter may seek redress by reprethe consul, or by suit in the Consular Court. But nt will hold itself responsible for such debts.

ARTICLE XXV.

for the officers or citizens of the United States to d people of any part of China without distinction any of the languages of the Empire, and to assist and the persons so employed shall not for that any injury on the part either of the Government and it shall in like manner be lawful for citizens of o purchase all manner of books in China.

ARTICLE XXVI.

ce and amity between the United States and China by this treaty, and the vessels of the United States trade, freely to and from the ports of China open rce, it is further agreed, that in case at any time hould be at war with any foreign nation whatever, cause exclude such nation from entering her ports, the United States shall not the less continue to merce in freedom and security, and to transport the ports of the belligerent powers, full respect eutrality of the flag of the United States: provided hall not protect vessels engaged in the transportaoldiers in the enemy's service, nor shall said flag d to enable the enemy's ships, with their cargoes f China: but all such vessels so offending shall be e and confiscation to the Chinese Government.