State journal & flag. [volume], December 18, 1846, Image 1

About State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846

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OLD SER1ES— VOL. XIJ•
CITY OF TUSCALOOSA, ALA., FRIDAY, DEC. IS. 1846.
NEW SERIES-VOL 4-NO. 5
JiHK M’CORIffIC’K98TATE PHINTEKt
FLAG OF THE UNION,
Established July 4, 1833.
STATE JOURNAL & FLAG OF TltE UNION,
United Norember 9,1843.
BY AUTHORITY.
TREATIES.
Convention with the Hrand Duchy of Hesse
Cassel for the abolition of the Droit D'Au
baine and of Taxes on Emigration.
Concluded March 26, 1344.
By the President of the United Slates of America:
A PROCLAMATION.
Whereas a Convention between the United
States of America and His Royal Highness
the Grand Duke of Hesse was concluded and
signed by their Plenipotentiaries, at 15 irlm,
on the twenty sixth day of March, one thou
sand eight hundred and forty-four, which
Convention, being in the French and English
languages, is, word fur word, as follows :
Convention for the mutual abolition of the
droit d'anbaine and taxes on emigration
between the United States of America and
the Grand Duchy of Hesse.
The United States of America on the one’
part, and His Royal Highness the Grand Duke .
of Hesse, on the other part, being equally desi- I
rous of removing the restrictions which exist in |
their territories upon the acquisition and trans
fer of property by their respective citizens and
subjects, have agreed to enter into negotiation
for'his purpose.
For the attainment nf this desirable object,
the President of the United States of America
has conferred full powers on Henry Wheaton,
their Envoy Extraordinary and Minister Pleni
potentiary at the Court of His Majesty the King
of Prussia, and his Royal Highness the Grand
Duke of llesse upon Baron Shacffcr-Bornstein
bis Chamberlain, Colonel, Aidde-cmnp, and
Minister Resident near His Majesty the King ,
of Prussia,who, afier having exchanged ilieir said
fu l powers, found in due and proper form, have
agreed to the following articles :
Article I.
Every kind of droit d'anbaine, droit de retraite,
and droit de detraction, or tax on emigration, is,
hereby, and -hall remain aboiisb“d, between the
two contracting parties, their States, citizens, 1
and subjects, respectively.
Article II.
Where, on the death of any person holding 1
real property within the territories of one p-rly,
such real property, would, by the laws of the j
land, descend on a subject or oil Z' lis of th ■ oth- I
er, were he not disqualified by alienage, such :
citizen o subject shall be allowed a term of two
years to sell the 6ame—which term may bo rea
sonably prolonged according to circumstances
—and to withdraw the proceeds thereof, wit bout
molestation, and exempt from ah duties of de
traction on the part of the Government of the
rerpec live States.
Article 111.
The citizens or subj'cts of each of the con
tracting parties shall have power to dispose of
their personal property within the States of the
other, by testament,donation or otherwise ; and
their heirs, being citizens or subjects ofthe oth
er contracting party, shah succeed to their said
personal properly, whether by testament or ab
intestato, and may take possession thereof, eith
er by themselves ur by others nc ing for them,
and dispose of the same at their pleasure, pay
ing such duties only as the inhabitants of the
country where the said property lies shall be
liable to pay in like cases.
Article IV.
In case of the absence of the heirs, the same
care shall be taken, provisionally, nf such real
or personal property as would be taken in a like
case of property belonging to the natives of
the coumry, until the lawful owner, or the per
son who lias a right to sell the same, according
to article second, may take measures to receive
Of dispose of the inheritance.
Article V.
If any dispute should arise between different
claimants to the same inheritance, they shall be
decided, in the last resort, according to the
laws and by the judges of the country where
the property is siiuated.
AaTirtB VI.
This Convention shall be ratified by the Pre
indent of the United States of Ameri ca, by and
with the advice and consent of their Senate,
and by His Royal Highness the Grand Duke of
Hesse, and the ratifications shull be exchanged
at Berlin, within the term of six months from
the date of the signature hereof, or sooner it
possible.
In faith of which, the respective Plenipoten.
iiariea have signed the above articles, both in
French and English, and have thereto affixed
their seals ; declaring, nevertheless, that the
signing in both languages shall rut hereafter be
cited as a precedent,'nar in any way operate to
tbe prejudice of the contracting parlies.
Done in quadruplicate, in the city of Berlin,
on the twentyutix'.h day of March, in the yesr of
our Lord one thousand eight hundred and forty
four, and the sixty-eighth ut the Independence
of the United States of America.
Baron de Schaeffer-Bernstein, [l. s.]
And whereas the said Convention lias been
duly ra'ified on both parts, and the respective
ratifications of the same having been exchanged,
to wit: at Berlin, on the sixteenth day of Oc
tober, one thousand eight hundred and forty
four, by Theudore S. F.>y, Charge d’Affairs ad
interim of the United States, and Haron de
Schaeffer-Bernstein, Chamberlain, Colonel. Aid
deCamp,and Minister Keaident of His Royal
Highness the Grand Duke of Hesse near the
Court of his Majeaty the King of Prussia, on
tbe part of their respective Governments ;
Now, THEREFORE, BE IT KNOWN, that I,
JAMES K. POLK, President of the Untied
States of America, have caused the said Con
vention to be made public, to the end that the
aame, and every clause and article thereof may
be observed and fulfilled with good faith, by the
United States and the citizens thereof.
In witness whereof, I have hereunto set
my band, and caused the seal of the United
States to be affixed.
Done at thy city of Washington, thisvoiglnh
day of May, in the year of our Lord
[seal] one thousand eight hundred and forty
five, and of the Independence of the
United States the sixty-ninth.
JAMES K. POLK.
By the President,
James Buehakan, Secretary of State.
Treaty with Belgium, of Commerce and Navi
gation,
Concluded November 10, 1846.
By the Preeident of the United Staten of America:
A PROCLAMATION.
VVhereag.a treaty of commerce and navigation,
between the United States of America and
his Majesty the King of the Belgians, was
concluded ar.d signed at Brussels, on the
tenth day of November, one thousand eight
hundred and forty-five, which treaty, btinn-in
the English and French languages, is, word
for word, as follows :
Treaty of commerce arrl navigation between
the United Stales of America and his Maj
esly the King of the Belgians.
The United States of America on the one
part, and his Majesty the King of the Belgians
on the other part, wishing to regulate in a for
mal manner the reciprocal relations of com
tnerce and navigation, and further to strength
en, through the developments of the interests
respectively, the bonds of friendship and good
understanding so happily established between
the governments and people of the twocoun.
tries; sud desiring, with this view, to conclude,
by common agreement, a treaty establishing
conditions equally advantageous to the commerce
and navigation of both states, have, to that ef
fect, appointed as their plen-potentiiiries. name
ly: the President of the United Stales, Thomas
(i. Olemson, charge d’ufl'urs of the United
Slates of America to his Majesty the King of
the Be'gin ns ; and his Majesty the King of the
Belgians, M. Adolphe L) champs, officer of the
Order of Leopold, knight of the Order of the
Red E . I. et ttie first class, grand cross of the
order of iii. Michel of Bavaria, his minister for
foreign affairs, a member of the Chamber of Rep.
resentanls, who, after having communicated to
each other their full powe/s. a-,cei tamed lobe
in good and proper form, have agreed and con
cluded the following articles:
Article I.
Tliere shall be full and entire freedom of com.
merce nod navigation between the inhabitants
of the two countries; and the same security
and protection which is enjoyed by the citizens
or subjects of each coumry, shall be guarantied
on bath sides. The said inhabitants, whether
established or temporarily residing within any
porls, cities, or places whatever, of the two
countries, shall not, on account of their com
merce or industry, pay any other or higher du
ties, taxes, or imposts, than those which shall
be levied on citizens or sntij cts of the country
in which they may be ; and the priv leges, im
munities, and other favors, with regard to com
merce or industry, enjoyed by the citizens or
subjects ofone of the two states, shall be com
mon to those of the other.
Article II.
Belgian vessels, whether coming from a Bel
gian or a foreign port, shall not pay, either on
entering or lenving the poris of the United
Slates, whatever mny be I heir destination, any
other or higher duties of tonnage, pilotage, an
chorage, buoys, light-houses, clearance, broker
age, or generally other charges whatsoever,
than are required from vessels of the United
Slates in similar cases. This provision exlends,
not only to duties levied for the benefit of the
stole, but also to those levied tor the benefit of
provinces, cities, countries, districts, townships,
corporations, or any other division or jurisdiction
whatever may be its designation,
Article III.
Reciprocally, vessels of the United Slates,
whether coming from a port of said S'aies, or
horn a foreign port, shall net pay, either nil
entering or leaving the ports of Belgium, what
ever may be their destination, any other or
higher duties of tonnnge, pilotage, anchorage,
buoys, light houses, clearance, brokerage, or
geneially other charges whatever, than are re
quired from Belgian vessela in similar cases.
1'his provision exlends not only to duties levied
for the henefii of tile state, but also to those lev
ied foi the benefit of provinces cities, countries,
districts, townships corpoiutiotis, or any other
division or jurisdiction, whatever may be its des
ignation.
Article IV.
The restitution by Belgium of the duty lev.
ie.l by the Government of the Netherlands on
the navigation of the Scheldt, in virtue of the
third paragraph of the ninth article of the treaty
of April nineteenth, eighteen huudyfd and lliir
nine, is guarantied to the vessels of the United
States,
Article V.
Steam vessels of the United States and of
Belgium, engagid in regular vavigation be
tween the United States and Belgium, shall be
exempt in both countries from the payment of
duties of tonnage, anchorage, bjoys and light
houses.
Article VI.
As regards the coasting trade between the
ports of either country, ihe vessels of the two i
nations shall be treated on both sides on tiie
same footing with the vessels of the most fa
vored nations.
Article VII.
Articles of every description, whether pre
ceding from the soil, industry, or warehouses
of Belgium, directly imported therefrnir, iito l
the ports of the United States, in Belgian vea
sels, shall pay no other or higher duties of im
port than if they were imported under the flag
of said Slates.
And reciprocally, articles of every description
directly imported into Belgium from the United
Slates, under the flag of the said States, shall
pay no other or higher duties than if they were
imported under the Belgian flag.
It la well understood :
1st That the goods shall have been really
put on board in the ports from which they are
declared respectively to come.
2d. That a putting in at an intermediate
port, produced by uncontrollable circums'ances,
duly proved, does not occns'on the forfeiture of
the advantage allowed to direct importation.
Article VIII.
Ariiclcs of every description, imported into
'he United Stales from o her countries than
Belgium, under the Belgian flag, ahull pay no
other or higher duties whatsoever, than if they
had been imported under the flag of the moat
lavored toieign nation, other than the flag of
lie country from which tho importation is
node And, reciprocally, articles of every
description, imported under the flag of the
United States into Belgium, from other coun
tries than the United States, shall pay no other
rr higher duties whatsoever, than if they had
leen imported under the flag of the foreign na
ion most favored, other Ilian that of the coun
try from which the importation ta made.
Article IX.
Articles of every description, exported by
Belgian vessels, or by those of the United
States ot America, from the porta of either
:ountry to any country whatsoever, shall be
mbjecied to no other .duties or formalities
ban such as are required for exportation un
ler the flag of the country where the ship
ment ia made.
Article X.
AH premiums, drawbacks, or other favors of
like nature, which may be allowed in the states
of eitner of the contracting parties, upon goods
imported or exported in national vessels, eball
be likewise, and in the same manner, allowed
upon woods imported directly from one of the
hvo countries, by its vessels, into the other, or
exported from one of the two countries, by the
vessels of-tho other, tu any destination what
soever.
Article XI.
The preceding article is, however, not to ap
ply to the importation of sail, anil of the pro
duce of the national fisheries ; each of the two
parties reserving to itself the faculty of gran'ing
special privileges for the importation of those
ariteles under its own flag.
Article XII,
The high contracting parties agree to con ■
sider and to treat as Belgian vessels, and aa
vessels of the United States, all those which,
being provided by the competent authority with
a passport, sea letter, or any other sufficient
document, shall be recognised conformably with
I existing laws as national vessels in the country
to which they respectively belong.
Article XIII.
Belgian vessels and those of the United
Stales may, conformably with the lawa of the
two countries, retain on board, in the ports of
both, such paitaof their csrgoes as msy be des
tir.ed fo' a foreign country ; anil such par's
shall not be subjected either while they remain
on board, or upon re-exportation, to any char
ges whatsoever, other than those for the preven
tion of smuggling.
Article XIV.
During the period allowed by the lavs of
the two countries respectively for the warehous
ing of goods, no duties, other than those of
watch and storage, shall be levied upon arti
clos brought from either country into the other,
while rwaitmg transit, re-exportation, or eniry
for consumption. Such goods shall in no case
be subject to higher warehouse charges, or to
other formalities, Ilian if they had been imported
under the Hug of tlio country.
Article XV.
In nil that relates to duties of customs and
navigation, the two high contracting parties
promise, reciprocally, not to grant any lavor,
privilege, or unmuniiy, to any other state, which
shall not instantly become common to the citi
zens and sihj-cts of belli parties respectively ;
gratuitously, if the concession or favor to such
other state is gratuitous, and on allowing tho
sam" comp' nsation or ils equivalent, if the con
cession is conditional.
Neither of the contracting parlies shall lay
upon goods proceed ng from the soil o' tho in.
dustry oftlie other pariy, which may he impor
ted into its ports, any oilier or higher duties of
importation or re-exportation than are laid upon
the importation and re-exportation of similar
goods coming from any other foreign country.
Article XVI.
In cases of shipwreck, damages at sen,
or forced putting-in, each parly shall afford to
toe vessels of the other, whether belonging to
the slate or to individuals, the same assistance
and protection, and the same immunities, which
would have been granted to its own vessels in
similar cases.
Article XVII,
It is moreover agreed between the two con
tracting parties, thot the consuls and vice con
8u's of the United Slates in the ports of Bel
gium, and, reciprocally, the consuls and vice
consuls of B Igium in the ports of the United
States, shall continue to enjoy all the privileges,
protection, and assistance, usually granted to
them, nod which mny be necessary for the
proper discharge of their functions. 1 he said
consuls and vice consuls may cause to be arres
ted and sent back, either to their vessels or to
their country, such seomen as may hive deser
ted from the vessels ot their nation. To this
end, they shall apply in writing tn the compe
tent local authorities, and they shall prove, by
exhibition of the vessel’s crew list, or oilier
document, or, if she shall have departed, by copy
of said documents, duly certified by I hem, that
the seamen whom they claim lormed part of tho
said crew. Upon such demand, thus supported,
the delivery of the deserters shall not be refus
ed. They shall moreover receive ail aid and
assistance in searching for, seizing, and arrest
ing such deserteis, who shall, L'pim I lie requisi
tion and at the expense of the consul or vice
consul, be confined and kept in I lie prisons of
the country until he shall have found tin oppor
tunity for sending them home. If, however,
ruch an opportunity should not occur wi'hin
three months after the arrest, the deserters shall
be set at l.bcrty, and shall not again be arrested
for the same cause. It is, however, understood,
that seamen of (tic country in which the deser
tion shall occur are excepted from these provis- I
ions, unless they be naturalized citizens or
subjects of the other country.
Article XVIII.
Articles of all kinds, the transit of which is
allowed io Belgium, coming from or going to
the United States, shall be exempt from all tran
sit duly In Bel'turn, when the tran*po> lati on
through the Belgium territory, is effected on
the rail roads of the 6tate.
Article XIX.
The present treaty shall be in force during
ten yeors from the date of the exchange of the
ratifications, and until the expiration of twelve
months alter either of the high contracting
parties shall have announced to the other its in
tention to terminate theoperation thereof; each
party reserving to itself the right of making
such declaration lotlie other, at the end of the
ten yiara above mentioned; and it is agreed,
that after the expiration of the twelve months
of prolong ition accorded on both sides, this trea
ty and all its stipulations shall cease to be in
force.
Article XX.
This treaty shall be ratified and the ratifica
tions 'hall be exchanged at Washington, with
in the term of six mouths after its dote, or
sooner if possible ; and the treaty shall be put
in execution within the term of twelve months.
In faith whereof, the respective plenipotenli..
aries have signed the present treaty, in dupli
cate, and have affixed thereto their seals. Brus
sels, the tenth of November, eighteen hundred
and forty.five.
[l. s | Tuos. G Clemson.
[l. a j A. Decmamps.
And whereas flic said Treaty lias been duly
ratified on both parts, and the respective ratifi
cations of the Bamt were exchanged at Wash
ington, on the thirtieth day of March, onp thou
sand eight hundred and forty-six, by James Bn
clianan, Secretary ofhtate of the United Slates,
and N. A. Beaulieu, Minister Resident of Ins
Majesty, the King of the Belgians to the Gov
ernment of the United States, on the part of
their respective Governments:
Now, THER EFOnE, BE IT KNOWN, that I,
JAMBS K. POLK, President of the United
States of America, have caused the said treaty
to be made public, to the end that the same
and every clause and article thereof may be ob
served and fulfilled with good faith by the Uni
ted Slat i s and citizens thereof,
In witness whereof, 1 have hereunto get
my hand, and caused the seal of the United
Slates to be affixed.
Done at the city of Washington, this thirty
first day of Marsh, in the year of our
|L. 8.] Lord one t lie Hand eight hundred and
forty -nix, and of tbe independence of
the United States, the seventieth.
JAMES K. POLK.
By the President :
N. P. Tkist, Acting Secretary of Sta'e.
Treaty with the Chinese Empire, of Peace,
Amity and Commerce.
Concluded July 3d, lb-14.
By the resident of the United Slates of America;
A PROCLAMATION.
Whereas a treaty of peace, amity and com
merce, between the Unfed States of America
and the Ta Tsing Empire, was concluded and
s gneil at Win» Hiya, on the third day of Ju»
ly one thousand eight hundred und forty-Ion, :
which treaty is. Word tor word, as foliows:
The United State# cf America and the l a
Tsitig Ett pire, desiring to establish firm, last'
mg and sincere friendship between the two
nations, have resolved to fix, 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 respect ve countries;
for which most desirable object, the President
of the United States has conferred full powers
on their commissioner, Caleb Cushing, envoy
extraordinary and minister plenpotetitiary of
the United Slates to China : and the August
Sovereign of flie Ta Tsing empiie, on his min
isler and commissioner extraordinary, Taiyeng,
of the imperial house, a vice-guardian of the
heir apparent, governor generll of the Two
Kwangs, and superintendent feneral of the
trade and foreign intercourse oflhe Five Ports.
And the said commissioner, after having
exchanged their said full powedi, and duly con
sidered the premises, have ayreed to the fol
lowing articles:
Akticle 1. !
There shall bo perfect, peitnanent, and uni
versal peace, and a sincere aril cordial amity,
between the United States of America on the
one pnrt, and the Ta Tsirg empire on the
other part, mid between thrir people, r"apcc»
lively, without exception of persons or places.
Article II,
Citizens of the United Slites resorting to
Chins for the purposes of cotnnerce, will pay
the duties of impoit .ml expert prescribed in
the tariff, which is fixed by and made a part of
this treaty. Tiny shall in no case be subject to
other or higher nation whatever. Fees and
charges of every sort are wholly abolished ;
and officers of the revenue, who may be guilty
of exaction, shall be punished according to the
laws of China, ti die Chinese goven inent de
sire to modify in any respret the said tariff,
such tnodificJtie shall be node only in consul
tation with con: .is or other functionaries ihere.
to duly autlioiized in behtlf of the Un ted
Slates, and with consent theieot. And if addi
tional advantages or privileges, ofwholevei de
scription, be conceded hereafter by China to
any other nation, the United States, and the cit
izens thereof, shall be entitled thereupon to a
complete, equal and impartial participation in
the same.
Artici.r III.
The citizens of the United Slates are per
mitted to frequent the live ports of Kwangchow,
Amoy, Fuolmw, Nmgpo, and Shanghai, and to
reside with their families and trade there,and to
proceed at pleasure with tlieii vessels and mer
chandise to and from any foreign port and eith
er of the said live ports, and from either of the
said five ports to any other of them. But said
veBsels shall not unlawfully enter the other
ports of Chins, nor carry on a clandestine and
fraudulent trade along the coasta thereof. And
any vessel belonging to a citizen of the United
Slates which violates this provision, shall, with
her cargo, he subject to confiscation to tile
Chinese government.
Article IV.
For the superiolendence and regulation of
the concerns ol citizens of the Un led States
doing business at the said five ports, the gov
ernment ot the United Slates may appoint con
suls or other officers at the same, who shall be
duly recognised as such by the officers of the
Chinese government, and shall hold official in.
lercoorse and correspondence with the latter,
either personal or in writing, as occasion may
require, on terms of equality and reciprocal re
spect. If disrespectfully treated or aggrieved
in any way !;y the local authorities, said officers
oil the one hand shall have the right to make
repreaeutaiion of the same to the superior offi
cers of the Chinese government, who will see
that full inquiry and strict justice be had in the
premises ; anil on the other band, the said con
suls will carefully avoid all acts of umiecccssa
ry offence to, or collision with, the officers and
people of China.
Article V.
At each of the said tt\% ports, citizens of the
United States lawfully engaged in commerce
shall be permitted to import from tlieir own or
any other ports in China, and sell there, and
purchase therein, and export to their own or
any other ports, all manner of merchandise, ot
winch the importation or exportation is not
prohibited by tins treaty, paying the duties
winch are prescribed by the tariff hereinbefore
established, ar.d no other charges whatso
ever.
Article VI.
W believer any merchant vessel belonging to
the United Stales shall enter either of the said
five ports lor trade, her papers shall be lodged
with the consul or person churged with affairs,
wiio will report the same to the commissioner
of customs ; and tonnage duly shall be paid on
said vessel, at the rate of five mace per ton, if
she be over one hundred and fitiy tons burden;
and one mace per loo, if she be of the burden
of one hundred and fifty tons or under, accord
ing to llie amount of her tonnage, as specified
in i he register; said payment to be in full of the
former charg sof measurement and other fees,
which are wholly abolished. And if any ves
sel, which hiving anchored at one of the said
ports, and there paid tonnage duty, shall have
occasion to go to any oilier of the'said ports to
complete the disposal of her cargo, the consul,
or person charged with affairs, will report the
same to the cominiasioner of customs, who, on
the departure of the said vessel, shall note in
the port clearance thai the tonnage duties have
been paid, and report the same to the other cus
tom houses ; in which case, on entering anoth
er port, the said vessel will only pay duly there
on her cargo, but shall not be subject to the
pay meat of tonnage duly a second time.
Article VII.
No tonnage du'y shall be required on boats
belonging to citizens of the United States, em
ployed in the cor veyance of passengers, bag
gage, letters, and articles of provision, or others
not subject to duty, to or from any of the five
ports. All car o boats, however, conveying
merrhandise subject to duly, shall pay the reg
ular tonnage duty of one mace per Ion, provided
they belong to citizens of the United Stales,
but not if hired by them from subjects of China.
• Article VIII.
Citizens of the United States, for their ves
sels bound in, shall be allowed to engage pilots,
who will report said vessels at the passes, and
lako them into port; and, when the lawful du
ties have all been paid, they may engage pilots
to leave port. It shall also bo lawful for them
to bite at pleasure, servants, compracors, lingu
istp, and writers, and passage or cargo boa's,
and to employ laborers, seamen, and persons Tor
whatever necessary service, for a reasonable
compensation, to be agreed on by the parties, or
settled by application to the consular officer of
their government, without interference on the
( part of the local officers of the Chinese gov
ernment.
ARTtCLK IX.
Whenever merchant vessels belonging m
(he United Slates shall have entered port, the
superintendent of customs will, if he see fit, .,p.
point custom-house officers to guard said ves
•els, who may live on board the ship or their
own boats, at their convenience ; hut provision
for the subsistence of said officers shall be made
by the superintendent of customs, and they
shall not be entitled to any allowance from the
vessel or owner thereof; and .hey shall be sub
ject to sinlatde punishment for any exaction
practised by them in violation of this regula
tion.
Arttcle X.*
Whenever a merchant vessel belonging to
the United States shall cast anchor ill either of
said ports, theaupereargo, muster or consignee,
will, within forty-eight hours, deposito the ship’s
papers in the hands of the consul, or person
charged with the affairs of the United States,
who will cause to he communicated to the su->
permtendeut of customs a true report of the
name and tonnage of such vessel, the names of
her men, and of the cargo on board ; which be
ing done, the superintendent will give a permit
lor the discharge of her cargo.
And the master, supercargo, or consignee, if
he proceed to discharge tliecurgo without such
permit, shall incur a fine of five hundred dollars;
and the guilds so discharged without permit
shall he subject to forfeiture lo the Chinese
government.— Hut if the master ol any vessel
in port desire tu discharge a part only of i lie
cargo, it shall he lawful for him to do so, paying
duty on such part only, and 10 proceed with
the remainder to any other ports.
Or, if the master so desire, he may, within
forty-right hours after thu arrival of the ves
sc I, hut uni later, decide lo depart without
breaking bulk ; in which case lie will not be
subject to pay tonnage or other duties or char
ges, until, on bis arrivul st another port, be
shall proceed lo discharge cargo, when be will
pay the duties on vessel and cargo, according
to law. And tile tonnage duties shall beheld
to be due after the expiration of said forty eight
linnr.
Article XI.
The superintendent of customs, in order to
the co. lection of Hie proper duties, will, on ap
plication in.de Ic him through tho consul, ap
point suitable ctHcers, who simll proceed, m the
presence ol tho enptain, supercargo, or con
signee, to mukc a just and fuir examination of
all goods in the act of being discharged for im
j porlation, or laden for exportation on board
any merchant vessel of the United States. And
| if dispute occur in regard to the value of goods
subject loan ad valorem duty, or in regard to 'he
amount of tare, and the same cannot be satisfac
torily arranged by the parties, the question may,
within twenty lour hours, and not afterwords,
be referred to the said consul to adjust with the
superintendent of customs.
Auticlk XII.
Sets of standard balances, and also wei hts
' and measures, duly prepared, stumped, and
I sealed, aceord'ng to the standard of the custom
house at Canton, shall be delivered by the su
1 permlendents of customs to the consuls at each
I ot the five ports, to secure uniformity, and pre
vent co .fusion in measures and weights of mcr
chandise.
A ItTICLE XIII.
\ The tonnage duty on vessels belonging to cit
; izens of the United Slates shall be paid on
their being admitted to entry.— Duties of im
port shall be paid on the discharge of tho goods,
| and duties of export on the landing of the same.
| When all such duties have betn paid, and not
before, tho superintendent ofthe customs shall
give a port clearance, and the consul shull re
j turn the slop’s papeis, so that she may depart
on her voyage.—The duties shull be paid to
| the shroffs authorized by the Chinese govern
j inent to receive the same in its behalf. Duties
payable by merchants ot the United States shall
lie received either in aycee silver or in foreign
! money, at the rate of exchange as ascertained
' by the regulations now m force. And import
ed goods, on Ihelr resaJe or transit in any part
of the empire, shull be subject to tho imposition
ol no other duly than they are accustomed to
puy at the dute of this treaty.
Article XIV.
N > goods on hoard any merchant vessel of
the United States in port are to be transhipped
to another vessel, unless there be particular oc
casion tberelor; in which case the occasion
shull be certified by the consul to the superin
tendent ol customs who may appoint officers to
examine into the facts, and permit the trunship.
men’. And if any goods he transhipped with
out such application, inquiry, anil permit, they
shall be subject to be forfeited to tho Chinese
government.
Article XV.
The former limitation of the trade r.f foreign
nations to certain persons appointed at Canton
by the government, and commonly called liong
merchante, having been abolished, ciuzens of
the United States, engaged in the purchase or
sale of goods of import or export, are admitted
to trade wilh any and all subjects of China,
without distinction ; they shall not be subject
to any new limitations, nor impeded in their bu
siness by monopolies or oilier injurious restric
tions.
Article XVI.
1 lie C'inrse govcrnmcmw.il not hold itself
responsible for any deblB wliicli may happen to
be due from subjects of China to citizens of the
United Slates, or for frauds committed by ihem;
but citizens of the United Stales may seek re
dress in law ; and on suitable representation
being made to the Chinese local authorities,
through the consul, they will cause due exami
nation in the premises, and take all proper steps
to compel satisfaction. Hut in case the debtor
be dead, or without properly, or have absconded,
the creditor cannot be indemnified, according to
the old system of the co hong, so ca led. And
if citizens of the United Stales be indebted to
subjects of China, the latter may seek redress
lit the same way through the consul,but without
any responsibility for the debt on the part of
the United States.
Ahticls XVII.
Citizens of the United Stntes, residing or so»
jourtiing at any ot the ports open to foreign
commerce, shall enjoy all proper accommoda
tion in obtaining houses and places of busioi ss,
or in hiring sites from the inhabitants oil which
to construct houses and places of business, and
also hospitals, churches, and cemeteries. The
local authorities of the two governments shall
select m concert the sites for the toregomg ob
jects, having due regard to the feelings of the
people in the location thereof; and the parties
interested will fix ttie rent by mutual agreement
the proprietors on the one hand not demanding
any exorbitant price, nor the merchants ou the
other unreasonably insisting on particular spots,
but each cunducting with justice and modera
tion. And any desecration of said cemeteries
by subjects of China, shall be severely punished
according to law.
At the places of anchorage of the vessels of
the United Slates, the citizens of the United
States, mere h i ills seamen, or o'lier* sojourn-,
ing there, may pass ami repass in the nnmedi
a'e neighborhood ; but they shall not, at I heir
pleasure, make excursions into the country
among the villages a*, large, nor shall they re
pair to public marts for the purpose of d spos
ing of goods unlawfully and in fraud of the reve
nue.
And, in ord« r to the observation of the pub
lic peace* the local officers of government at
each of the live pm ts, shall, in concert with the
consul-, d. fine the limits beyon«l which it shall
not be lawful for citizens of the United States to
2°
Article XVIII.
It shall be lawful for the officers or citznna
of the United St;Jes to employ scholars and
people of anv part of China, without distinction
of persons, to teach any of the languages of the
empire, and to assist in literary labors, and the
persons so employed, shall not, for that cause,
be subject to any injury on the part either of
the government or of individuals ; and it shall
m like manner be lawful fur citizens of the Uni
ted States to purchase all manner of books in
China.
Article XIX.
All citizens or the United States in Ciena,
peaceably attending to their affairs, being placed
on a common footing of amity and good will
with subjects of Chinn, shall receive and enjoy,
tor themselves and everything appertaining to
them, the special protection of the local author
ities of government, who shall defend them from
all insult or injury of any sort on the part of the
Chinese, if their dwellings or property bo
threatened or attacked by mobs, incendiaries, or
other violent or lawless persons, the local offi.
cere, on requisition of the consul, will immedi
ately despatch a military force to disperse the
rioters, and will apprehend the guilty individu
als, and punish them with the utmost rigor of the
law.
Article XX.
v^iu&mjh oi mu unuua mates who may nave
imported merchandise into any of the free ports
ot China, and paid the duly thereon, if they de
sire to re-export the same, in part or in whole,
to any other of the said ports, shall be entitled to
make application, through their consul, to the
superintendent of customs, who, in order to pro
vent frauds on the revenue, shall cause exami
nation to be made by suitable officers, to see
that the duties paid on such goods as entered on
the custom-house books correspond with the
representation made, and that the goods remain
with their original marks unchanged, and shall
then make u memorandum in the port clearance
of the goods and the amount of duties paid on
the same, and deliver the same to the merchant;
and shuil also certify the facts to the officers of
customs of the other ports All which being
done, on the arrival in port of the vessel in which
the goods are laden, and every thing being
found on examination there to correspond, she
shall be permuted to breuk bulk, and find the
said goods, without being subject to the pay
ment of any additional duty thereon. But if,
on such examination, the superintendent of cus
toms shall detect any fraud on the revenue in
the case, then the goods shall be subject to for
feituie and confiscation to the Chinese govern
ment.
Article XXI.
Subjects of China, who may be guilty of any
criminal act towards citizms of the United
States, shall bo arrest'd and punished by the
Chinese authorities according to the laws o!
China ; and citizens of the United States, whe
may commit any crime, in China, shall be sub
ject to be tried and punished only hy the consul
or other public functionary of the United Statei
thereto authorized, according to the laws of tin
United State*. And in order to the preventioi
of alt controversy and disaffection, justice shal
be equitably and impartially adm.matured oi
both aides.
Article XXII.
Relations of peace and amity between the
United States and China being established hy
this treaty, and the vessels of the United States
being admitted to ti ade freely lo and from the
five ports of China open to foreign commerce,
it is further agreed that in cage, at any time
I hereafter, China should ho at war with any for
eign nation whateve r, and for that cause should
exclude such nation from entering her ports,
still the vessels of the United States shall not
the less continue to pursue their commerce in
freedom and security, and to transport goods to
and from the ports of the belligerent parties, full
respect being paid to the neutrality of the flag
of the United States; ilroiidcd% Thai the said
flag shall not protect vessels engaged in the
transportation of officers or soldiers in the ene
my’s service ; nor shall said flag be fraudulently
used to enable the enemy’s ships, with their
cargoes, to enter the ports of China; hut all
such vessels so offending shall be subject to for
feiture and confiscation lo the Chinese govern
ment,
Article XXIII.
The consuls of the United States at each of
the five ports open to foreign trude sha l make,
annually, to the respective governors g.-neral
thereof, a detailed report of the number of ves
sels b. longingtothe United Stoles which have
entered and left said ports during il.o year, and
of the amount and value of goods imported oi
exported in said vessels, fer transmission lo and
inspection of the board of revenue.
Article XXIV.
It citizens ot (he United States havo special
occasion to address any communication to the
Chinese local officers of government, they sliail
submit the same to their consul, or other offi
cer, to determine if the language be proper and
respectful, and the mailer just am! right; in
which event, tie ihnll transmit the same to the
appropriate authorities, for their consideration
and action in the premises, in like manner, if
su'jectj of China have special occasion to ad
dress the consul ofthe United States, they shall
submit the commumcatiun to the local million -
C it-s of I heir own government, io determine if the
language be respectful and proper, and the mat
ter just and right . in which case the said au
thorities will transmit the same to the consul or
other officer for Ids consideration and action in
the premises. And if controversies arise b -
tween citizens ofllie United Slates and subjects
of China, which cannot he amicably settled oth
erwise, tho same shall be examined and ccided
conformably to justice and equity by the public
officers ot the two nations acting in conjunc
tion.
Ahtici,is XXV.
All questions in regard to rights, whether ol
property or person, arising between ci iz ms of
the United Stales in China, sliull bo subject to
the jurisdiction, ami rtgululed by the autliori*
lies of their own government ; and all coulro
verse s occurring in China between citizens of
the United Slates and the subjects of any other
government shall be regulated by the treaties
exialing between tho United Stales and aucll
governments respectively, without interference
on the part of China.
Ahtici-E XX\I.
Merchant vessels of the United States,
lying in tho waters of the five poris ofClii
na open to foreign commerce, will be un
der the jurisdiction ol' the officers of their
own gov-cminon', who, with the masters and
owners thereof, will manage tho sttne with
out control on the part of Chinu. For in*
juries done lo the citizens of the commerce
ul the United Slates hy tiny foreign power#
the Chinese'government will not hold itself
hound to make reparation. Hut if the mer
chant vessels or the United S ales, while
within the waters over which the Chinese
government exercises jurisdiction, be plun
dered by robbers nr pira'es, then the Chi
nese local authorities, civil and military,
; on receiving information thereof, will ar
j rest the said robbers or pirates, and punish
| them according to la tv, and will cause all
me property which can be recovered to be
placed in the hands of the nearest consul#
or other officer of the United Stales, to ha
hy hull restored to the true owner. But
if, hy renson of the extent of territory and
numerous population of Chinn, it shouid,
in any cuse, happen that the robbers can
not he apprehended, or the property only
in part recovered, then the law will take its
course in regard to the local authorities,
hut the Chinese government will not make
indemnity lor the goods lost.
Article XXVII.
If any vessels of the United States shall
he wrecked or stranded on the coast of Cht
! na, and be subjected to plunder or other
damage, the proper officers of government
on receiving information of the fact, will
immediately adopt measures for their re
lief'and security; nnd the persons on board
j slmll receive friendly treatment, and bo
' enabled at once to repair to the most con
venient of the free ports, and shnll enjoy nil
facilities lor obtaining supplies of prnvis
ions nml water. And if a vessel shall bo
forced, in whatever way. to take refuge in
any port other than one of the free ports,
then in liku manner the persons on hoard
shall receive a friendly treatment and the
! means of safety nnd security.
Article XXVIII.
Citizens of the United States, their vos.
sels ami property, shall not be subject to any
embargo ; nor shall they be seized or forci
bly detained for any pretence of the public
service ; lint they shall he suffered to pros
ecute their commerce in quiet, and, with
out molestation or emharrasment.
Article XXIK.
The lucnl authorities o! the Chinese gov
ernment will cause to be apprehended all
mutineers and deserters, from on hoard the
vessels of the United Suites in China, and
will deliver them up to tiie consuls or other
officers for punishment. And if criminals,
subject tu China, take refuge in the houses
or on hoard the vessels of citizens of the
United Slates, they shall not he harbored or
concealed, hot shall he delivered up to jus
tice, on duo requisition hy ihe Chinese local
officers addressed lo those ol (he United
States
The merchants, penmen, nnd other ci
tizens of the United Stales shall be under
the superintendence of the appropriate
officers of their government. If indi
viduals of either nation commit acts of
violence and di-order, use arms to the in
, jury of others, or create disturbanc e en
dangering life, the officers of the two gov
ernments will exert themselves to enforce
order, and to maintain the public peace, hy
doing impartial justice in the premises.
Article XXX.
The superior Authorities of tho United
States and of China, in corresponding to
gether, shall do so in tonne of equality, and
in the form of mutual communication (cliau
hwni.) The consuls, and the local officers,
civil uud military, in corresponding toge
ther, shiil likewise employ (he style and form
of mutual communication (cliau hicui.y
When inferior officers of the one govern
ment address superior officers of the other,
they shall do so in tlio style and form of me
morial [shin chin ) Piivnte individuals in
addressing superior officers shall employ
the style of | eiition [pinching.) In no
cns’, shall any term or style be suffered
which shall he offensive or disrespectful to
either party. And it is agreed that no pre
sents, under tiny pretext or lortn whatever,
shall ever be demanded of the United Suites
by China, or of China hv the United S ates.
Article XXXI.
Communication from the Oovcrnme.it of
the United Stales to the Court of China shall
be transmitted through the medium of the
imperial commissioners charged w.lh the
superintendence uf the concerns of fo
icign nations with China, or through the
governor genetal of the Liang Kwang, tint
of Min and Clteh, or that of the Li.ing Kiting.
Article XXXII.
Whenever ships of war of the United
Stales, in cruising for the protection of the
commerce of their country, shall arrive at
.ny of'lie ports of China, the cmnmandets
of said ships, and the superior local authori
ties of govi rnmeul, shall hold intercourse
together in terms of equality and courtesy,
in token of the friendly relations of their
respective nations. And the said ships ol
war shall enjov all suitable facilities on the
part of the Chinese Government in the pur.
chase of provisions, proem ing water, und
making repairs, if occasion require.
XXXIII.
Citizens of the United Suites, who shall
attempt to trade clandestinely with such of
the purls of China us are not open to fot*
eign commerce, or who shall trade in opium
or any other conirnliand article of meridian
Jise, slmll he subject to lie dealt with by thn
Chinese Ooverninont, without being entitled
to any eaunte anee or protection Irom tlmt
of the United States, and die United Slates
will take measures to prevent their d ig from
being 11bused by the subjects of other mi-*
tions, us a cover for the violation ot thn
Iuh's of the empire.
XXXIV. •
When tlie present convention shall have
been dolinitely concluded ; it shall lie obli
gatory mi both powers, and its provisions
shall nut lie altered without grave cause j
hut, inasmuch us the circumstances of the
several ports of China open to foreign com
inerco uro dill" rent, experience may show
that inconsiderable modifications aro requi
site ui those parts which r< late to commerce
ant navigation ) in which case the turn
government* will, at iheexpiration nf twelve
years from the dale of said convention, treat