Oldalképek
PDF
ePub

all subjects of Her Britannic Majesty (whether natives of Europe or India), who may be in confinement at this moment in any part of the Chinese Empire.

Art. 9.-The Emperor of China agrees to publish and promulgate ander His Imperial Sign Manual and seal, a full and entire amnesty and act of indemnity to all subjects of China, on account of their having resided under, or having had dealings and intercourse with, or having entered the service of Her Britannic Majesty, or of Her Majesty's Officers; and His Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.

Art. 10.-His Majesty the Emperor of China agrees to establish at all the ports which are, by the Second Article of this Treaty, to be thrown open for the resort of British merchants, a fair and regular Tariff of export and import customs, and other dues, which tariff shall be publicly notified and promulgated for general information; and the Emperor further engages, that when British merchandise shall have once paid at any of the said ports the regulated customs and dues, agreeable to the Tariff to be hereafter fixed, such merchandise may be conveyed by Chinese merchants to any province or city in the interior of the Empire of China, on paying a further amount as transit duties, which shall not exceed* per cent on the tariff value of such goods.

Art. 11.-It is agreed that Her Britannic Majesty's Chief High Officer in China, shall correspond with the Chinese High Officers, both at the capital and in the provinces, under the term "com

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Art. 12.-On the assent of the Emperor of China to this Treaty being received, and the discharge of the first instalment of money, Her Britannic Majesty's forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the trade of China. The military post at Chinhai will also be withdrawn ; but the islands of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty's forces, until the money payments, and the arrangements for opening the ports to British merchants, be completed.

Art. 13. The ratification of this Treaty by Her Majesty the Queen of Great Britain, &c., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will admit; but in the meantime, counterpart copies of it, signed

• See Declaration on this subject which follows the Treaty.

and scaled by the Plenipotentiaries on behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions and arrangements shall take effect.

Done at Nanking, and signed and sealed by the Plenipotentiaries on board Her Britannic Majesty's

66

ship "Cornwallis," this twentyninth day of August, 1842, corresponding with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second year of Taoukwang.

RESPECTING

(L.S.) HENRY POTTINGER, Her Majesty's Plenipotentiary.

TRANSIT DUTIES.

DECLARATION
Signed in the English and Chinese Languages.

WHEREAS by the Tenth Article of the Treaty between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, concluded and signed on board Her Britannic Majesty's ship Cornwallis," at Nanking, on the 29th day of August, 1842, corresponding with the Chinese date 24th day of the 7th month, in the 22nd year of Taoukwang, it is stipulated and agreed, that His Majesty the Emperor of China shall establish at all the ports which, by the Second Article of the said Treaty, are to be thrown open for the resort of British merchants, a fair and regular Tariff of export and import customs and other dues, which Tariff shall be publicly notified and promulgated for general information; and further, that when British merchandise shall have once paid, at any of the said ports, the regulated customs and dues, agreeably to the Tariff to be hereafter fixed, such merchandise may be conveyed by Chinese merchants to any province or city in the interior of the empire of

China, on paying a further amount of duty as transit duty;

And whereas the rate of transit duty to be so levied was not fixed by the said Treaty;

Now therefore, the undersigned Plenipotentiaries of Her Britannic Majesty, and of His Majesty the Emperor of China, do hereby, on proceeding to the exchange of ratifications of the said Treaty, agree and declare, that the further amount of duty to be so levied on British merchandise, as transit duty, shall not exceed the present rates, which are upon a moderate scale; and the ratifications of the said Treaty are exchanged subject to the express declaration and stipulation herein contained.

In witness whereof the respective Plenipotentiaries have signed the present declaration, and have affixed thereto their respective seals.

Done at Hong-Kong, the 26th day of June, one thousand eight hundred and forty-three, corresponding with the Chinese date, Taoukwang twenty-third year, fifth month, and twenty-ninth day.

(L.S.) HENRY POTTINGER.

SUPPLEMENTARY TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA.

Signed at Hoomun-Chae, October 8, 1843.

WHEREAS a Treaty of perpetual peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, was concluded at Nanking, and signed on board her said Majesty's ship "Cornwallis," on the 29th day of August, A.D. 1842, corresponding with the Chinese date of the 21th day of the 7th month, of the 22nd year of Taoukwang, of which said Treaty of perpetual peace and friendship, the ratifications, under the respective seals and signs manual of the Queen of Great Britain, &c., and the Emperor of China, were duly exchanged at Hong-Kong on the 26th day of June, a. D., 1843, corresponding with the Chinese date the 29th day of the fifth month, in the 23rd year of Taoukwang; and whereas in the said Treaty it was provided (amongst other things), that the five ports of Canton, Foochowfoo, Amoy, Ningpo, and Shanghai, should be thrown open for the resort and residence of British merchants, and that a fair and regular Tariff of export and import duties, and other dues, should be established at such ports; and whereas various other matters of detail, connected with, and bearing relation to the said Treaty of perpetual peace and friendship, have been since under the mutual discussion and consideration of the Plenipotentiary and accredited Commissioners of the high contracting parties; and the said Tariff and details having been now finally

examined into, adjusted, and agreed. upon, it has been determined to arrange and record them in the form of a Supplementary Treaty of Articles, which Articles shall be held to be as binding, and of the same efficacy, as though they had been inserted in the original Treaty of perpetual peace and friendship.

Art. 1.-The Tariff of export and import duties, which is hereunto attached under the seals and signatures of the respective Plenipotentiary and Commissioners, shall henceforward be in force at the five ports of Canton, Foochowfoo, Amoy, Ningpo, and Shanghai.

Art. 2.-The General Regulations of Trade, which are hereunto attached under the seals and signatures of the respective Plenipotentiary and Commissioners, shall henceforward be in force at the five aforenamed ports.

Art. 3.-All penalties enforced or confiscations made under the third clause of the said general regulations of trade, shall belong and be appropriated to the public

service of the Government of China.

Art. 4.-After the five ports of Canton, Foochow, Amoy, Ningpo, and Shanghai, shall be thrown open, English merchants shall be allowed to trade only at those five ports. Neither shall they repair to any other ports or places, nor will the Chinese people at any other ports or places be permitted to trade with them. If English merchant vessels shall, in contravention of this agreement, and of

a proclamation to the same purport, to be issued by the British Plenipotentiary, repair to any other ports or places, the Chinese Government officers shall be at liberty to seize and confiscate both vessels and cargoes; and should Chinese people be discovered clandestinely dealing with English merchants at any other ports or places, they shall be punished by the Chinese Government in such manner as the law may direct.

Art. 5.-The fourth clause of the General Regulations of Trade, on the subject of commercial dealings and debts between English and Chinese merchants, is to be clearly understood to be applicable to both parties.

Art. 6.—It is agreed that English merchants and others residing at, or resorting to, the five ports to be opened, shall not go into the surrounding country beyond certain short distances to be named by the local authorities, in concert with the British Consul, and on no pretence for purposes of traffic. Seamen and persons belonging to the ships shall only be allowed to land under authority and rules which will be fixed by the Consul, in communication with the local officers; and should any persons whatever infringe the stipulations of this Article, and wander away into the country, they shall be seized and handed over to the British Consul for suitable punish

ment.

Art. 7.-The Treaty of perpetual peace and friendship provides for British subjects and their families residing at the cities and towns of Canton, Foochow, Amoy, Ningpo, and Shanghai, without molestation or restraint. It is accordingly determined that ground and houses, the rent or price of which is to be

fairly and equitably arranged for, according to the rates prevailing amongst the people, without exaction on either side, shall be set apart by the local officers, in communication with the Consul, and the number of houses built, or rented, will be reported annually to the said local officers by the Consul, for the information of their respective viceroys and governors; but the number cannot be limited, seeing that it will be greater or less, according to the resort of merchants.

Art. 8.-The Emperor of China having been graciously pleased to grant to all foreign countries whose subjects or citizens have hitherto traded at Canton, the privilege of resorting for purposes of trade to the other four ports of Foochow, Amoy, Ningpo, and Shanghai, on the same terms as the English, it is further agreed, that should the Emperor hereafter, from any cause whatever, be pleased to grant additional privileges or immunities to any of the subjects or citizens of such foreign countries, the same privileges and immunities will be extended to, and enjoyed by, British subjects; but it is to be understood, that demands or requests are not on this plea to be unnecessarily brought forward.

Art. 9.-If lawless natives of China, having committed crimes or offences against their own Government, shall flee to Hong-Kong, or to the English ships of war, or English merchant-ships, for refuge, they shall, if discovered by the English officers, be handed over at once to the Chinese officers for trial and punishment; or if, before such discovery be made by the English officers, it should be ascertained or suspected by the officers of the Government of China

whither such criminals and offenders have fled, a communication shall be made to the proper English officer, in order that the said criminals and offenders may be rigidly searched for, seized, and, on proof or admission of their guilt, delivered up. In like manner, if any soldier or sailor, or any other person, whatever his caste or country, who is a subject of the Crown of England, shall, from any cause or on any pretence, desert, fly, or escape into the Chinese territory, such soldier or sailor, or other person shall be apprehended and confined by the Chinese authorities, and sent to the nearest British Consular or other Government of ficer. In neither case shall concealment or refuge be afforded.

Art. 10.-At each of the five ports to be opened to British merchants, one English cruizer will be stationed to enforce good order and discipline amongst the crews of merchant shipping, and to support the necessary authority of the Consul over British subjects. The crew of such ship of war will be carefully restrained by the officer commanding the vessel, and they will be subject to all the rules regarding going on shore and straying into the country, that are already laid down for the crews of merchant-vessels. Whenever it may be necessary to relieve such ships of war by another, intimation of that intention will be communicated by the Consul, or by the British Superintendent of Trade, where circumstances will permit, to the local Chinese authorities, lest the appearance of an additional ship should excite misgivings amongst the people; and the Chinese cruizers are to offer no hindrance to such relieving ship, nor is she to be consider

ed liable to any port-charges, or other rules laid down in the general regulations of trade, seeing that British ships of war never trade in any shape.

Art. 11.-The posts of Chusan and Koolangsoo will be withdrawn, as provided for in the Treaty of perpetual peace and friendship, the moment all the monies stipulated for in that Treaty shall be paid; and the British Plenipotentiary distinctly and voluntarily agrees, that all dwelling-houses, store-houses, barracks, and other buildings that the British troops or people may have occupied, or intermediately built or repaired, shall be handed over, on the evacuation of the posts, exactly as they stand, to the Chinese authorities, so as to prevent any pretence for delay, or the slightest occasion for discussion or dispute on those points.

[ocr errors]

Art. 12.-A fair and regular Tariff of duties and other dues having now been established, it is to be hoped that the system of smuggling which has heretofore been carried on between English and Chinese merchants - in many cases with the open connivance and collusion of the Chinese Custom-house officers - will entirely cease; and the most peremptory proclamation to all English mer. chants has been already issued on this subject by the British Plenipotentiary, who will also instruct the different Consuls to strictly watch over, and carefully scrutinize the conduct of all persons, being British subjects, trading under his superintendence. In any positive instance of smuggling transactions coming to the Consul's knowledge, he will instantly ap prize the Chinese authorities of the fact, and they will proceed to

« ElőzőTovább »