A

COMMERCIAL GUIDE.

CHAPTER I.

FOUR TREATIES WITH CHINA.

Section 1.

TREATY WITH GREAT BRITAIN.

TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA.

SIGNED AT TIENTSIN, JUNE 26TH, 1858.

RATIFICATIONS EXCHANGED AT PEKING, OCTOBER 24TH, 1860.

HER Majesty the QUEEN of the United Kingdom of Great Britain and Ireland, and his Majesty the EMPEROR of China, being desirous to put an end to the existing misunderstanding between the two countries, and to place their relations on a more satisfactory footing in future, have resolved to proceed to a revision and improvement of the treaties existing between them; and for that purpose have named as their plenipotentiaries, that is to say :

Her Majesty the Queen of Great Britain and Ireland, the right honourable the EARL OF ELGIN AND KINCARDINE, a peer of the United Kingdom, and Knight of the most Ancient and most Noble Order of the Thistle;

And his Majesty the Emperor of China, the high Commissioners KWEILIANG, a senior chief Secretary of State, styled of the East Cabinet, Captain-General of the plain white Banner of the Manchu Banner force, Superintendent-General of the administration of criminal law; and HWASHANA, one of his Imperial Majesty's expositors of the Classics, Manchu President of the office for the regulation of the Civil Establishment, Captain-General of the bordered blue Banner of the Chinese Banner force, and visitor of the Office of Interpretation;

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 :

C. G. 1

Treaty of Nanking confirmed, and Treaty of the Bogue abrogated.

ART. I. The treaty of peace and amity between the two nations, signed at Nanking on the twenty-ninth day of August, in the year eighteen hundred and forty-two, is hereby renewed and confirmed.

The Supplementary Treaty and General Regulations of Trade having been amended and improved, and the substance of their provisions having been incorporated in this treaty, the said Supplementary Treaty and General Regulations of Trade are hereby abrogated.

Ministers to be reciprocally accredited between the Courts.

(French, Art. 11.)

ART. II. For the better preservation of harmony in future, her Majesty the Queen of Great Britain and his Majesty the Emperor of China mutually agree that, in accordance with the universal practice of great and friendly nations, her Majesty the Queen may, if she see fit, appoint ambassadors, ministers, or other diplomatic agents to the Court of Peking; and his Majesty the Emperor of China may, in like manner, if he see fit, appoint ambassadors, ministers, or other diplomatic agents, to the Court of St James.

British Minister may reside at Peking.

(American, Art. V.-French, Art. II.-Russian, Art. II.)

ART. III.-His Majesty the Emperor of China hereby agrees, that the ambassador, minister, or other diplomatic agent, so appointed by her Majesty the Queen of Great Britain, may reside, with his family and establishment, permanently at the capital, or may visit it occasionally, at the option of the British government. He shall not be called upon to perform any ceremony derogatory to him as representing the sovereign of an independent nation on a footing of equality with that of China. On the other hand, he shall use the same forms of ceremony and respect to his Majesty the Emperor as are employed by the ambassadors, ministers, or diplomatic agents of her Majesty towards the sovereigns of independent and equal European nations.

It is further agreed, that her Majesty's government may acquire at Peking a site for building, or may hire houses for the accommodation of her Majesty's mission, and that the Chinese government will assist it in so doing.

Her Majesty's representative shall be at liberty to choose his own servants and attendants, who shall not be subjected to any kind of molestation whatever.

Any person guilty of disrespect or violence to her Majesty's representative, or to any member of his family or establishment, in deed or word, shall be severely punished.

British Ministers free to travel and send Couriers.

(American, Art. V.-French, Art, IL-Russian, Arts. II. and X.)

ART. IV. It is further agreed, that no obstacle or difficulty shall be made to the free movements of her Majesty's representative, and that

he, and the persons of his suite, may come and go, and travel at their pleasure. He shall, moreover, have full liberty to send and receive his correspondence to and from any point on the sea-coast that he may select; and his letters and effects shall be held sacred and inviolable. He may employ, for their transmission, special couriers, who shall meet with the same protection and facilities for travelling as the persons employed in carrying dispatches for the Imperial government; and generally, he shall enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of western nations.

All expenses attending the diplomatic mission of Great Britain [in China] shall be borne by the British government.

British Minister to confer with high Chinese Officers.

(American, Arts. IV. and VIII-Russian, Art. II)

ART. V. His Majesty the Emperor of China agrees to nominate one of the Secretaries of State, or a President of one of the Boards, as the bigh officer with whom the ambassador, minister, or other diplomatic agent of her Majesty the Queen shall transact business, either personally or in writing, on a footing of perfect equality.

Ministers received at the Court of St James from Peking.

(French, Art. II.)

ART. VI.-Her Majesty the Queen of Great Britain agrees that the privileges hereby secured shall be enjoyed in her dominions by the ambassadors, ministers, or diplomatic agents of the Emperor of China, accredited to the Court of her Majesty.

British Consuls to reside at the open Ports; their relative Rank.

(American, Art. X.-French, Art. V.-Russian, Arts. II. and V.)

ART. VII. Her Majesty the Queen may appoint one or more consuls in the dominions of the Emperor of China; and such consul or consuls shall be at liberty to reside in any of the open ports or cities of China, as her Majesty the Queen may consider most expedient for the interests of British commerce. They shall be treated with due respect by the Chinese authorities, and enjoy the same privileges and immunities as the consular officers of the most favoured nation.

Consuls and vice-consuls in charge shall rank with intendants of circuits; vice-consuls, acting vice-consuls, and interpreters, with prefects. They shall have access to the official residences of these officers, and communicate with them, either personally or in writing, on a footing of equality, as the interests of the public service may require

Toleration of the Christian Religion.

(American, Art. XXIX.-French, Art. XIII., and Convention, Art. VL-Russian, Art. VIII. ART. VIII. The Christian religion, as professed by Protestants or Roman Catholics, inculcates the practice of virtue, and teaches man to do as he would be done by. Persons teaching it or professing it, therefore, shall alike be entitled to the protection of the Chinese authorities; nor

shall any such, peaceably pursuing their calling, and not offending against the laws, be persecuted or interfered with.

Travel into the Interior with Passports.

(French, Arts. VII, and XXXIII.-Russian, Art. VII)

ART. IX.-British subjects are hereby authorized to travel, for their pleasure or for purposes of trade, to all parts of the interior, under passports which will be issued by their consuls, and countersigned by the local authorities. These passports, if demanded, must be produced for examination in the localities passed through. If the passport be not irregular, the bearer will be allowed to proceed, and no opposition shall be offered to his hiring persons or hiring vessels for the carriage of his baggage or merchandize. If he be without a passport, or if he commit any offence against the law, he shall be handed over to the nearest consul for punishment, but he must not be subjected to any ill-usage in excess of necessary restraint. No passport need be applied for by persons going on excursions from the ports open to trade to a distance not exceeding 100 li, and for a period not exceeding five days.

The provisions of this article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the consul and the local authorities.

To Nanking, and other cities disturbed by persons in arms against the government, no pass shall be given until they shall have been recaptured.

The Yangtsz' River to be opened to British Trade.

(French, Art. VI.)

ART. X.-British merchant-ships shall have authority to trade upon the Great River (Yangtsz). The upper and lower valley of the river being, however, disturbed by outlaws, no port shall be, for the present, opened to trade, with the exception of Chinkiang, which shall be opened in a year from the date of the signing of this treaty.

So soon as peace shall have been restored, British vessels shall also be admitted to trade at such ports as far as Hankow, not exceeding three in number, as the British minister, after consultation with the Chinese secretary of state, may determine shall be ports of entry and discharge.

Chinese Ports opened to British Trade, and Privileges thereat.

(American, Arts. XII. and XIV.-French, Arts. VI. and X-Russian, Art. III.) ART. XI. In addition to the cities and towns of Canton, Amoy, Fuhcbau, Ningpo, and Shanghai, opened by the treaty of Nanking, it is agreed that British subjects may frequent the cities and ports of Newchwang, Tangchow, Taiwan (Formosa), Chauchow (Swatow), and Kiungchow (Hainan).

They are permitted to carry on trade with whomsoever they please, and to proceed to and fro at pleasure with their vessels and merchandize. They shall enjoy the same privileges, advantages, and immunities at the said towns and ports as they enjoy at the ports already opened to

trade, including the right of residence, of buying or renting houses, of leasing land therein, and of building churches, hospitals, and cemeteries.

Regulations about getting Land or Buildings.

(American, Art. XII-French, Art. X.-Russian, Art. V.)

ART. XII.-British subjects, whether at the ports or at other places, desiring to build or open houses, warehouses, churches, hospitals, or burial-grounds, shall make their agreement for the land or buildings they require at the rates prevailing among the people, equitably, and without exaction on either side.

British subjects can employ Natives of China.

(American, Art. XVII.-French, Art. XL)

ART. XIII. The Chinese government will place no restrictions whatever upon the employment, by British subjects, of Chinese subjects in any law ful capacity.

Chinese Boats can be freely hired.

(American, Art. XVII.-French, Art. XVIII.)

ART. XIV.-British subjects may hire whatever boats they please for the transport of goods or passengers, and the sum to be paid for such boats shall be settled between the parties themselves, without the interference of the Chinese government. The number of these boats shall not be limited, nor shall a monopoly in respect either of the boats or of the porters or coolies engaged in carrying the goods, be granted to any parties. If any smuggling takes place in them, the offenders will, of course, be punished according to law.

Chinese Authorities have no Jurisdiction over British Subjects.

(American, Art. XXVII-French, Arts. XXXIX. and XII.)

ART. XV.-All questions in regard to rights, whether of property or person, arising between British subjects, shall be subject to the jurisdiction of the British authorities.

Each Nation to judge and punish its own Criminals.

(American, Art. XI.-French, Art. XXXVIII.-Russian, Art. VII.)

ART. XVI.-Chinese subjects who may be guilty of any criminal act towards British subjects, shall be arrested and punished by the Chinese authorities, according to the laws of China.

British subjects who may commit any crime in China, shall be tried and punished by the consul, or other public functionary authorized thereto, according to the laws of Great Britain.

Justice shall be equitably and impartially administered on both sides.

British Consul to hear and decide Disputes.

(American, Art. XXVIII.-French, Art. XXXV.)

ART. XVII-A British subject having reason to complain of a