ARTICLE XIX.

The present treaty shall be in force during ten years from the date of the exchange of the ratifications, and until the expiration of twelve months after either of the high contracting parties shall have announced to the other its intention to terminate the operation thereof; each party reserving to itself the right of making such declaration to the other, at the end of the ten years abovementioned; and it is agreed, that after the expiration of the twelve months of prolongation accorded on both sides, this treaty and all its stipula tions shall cease to be in force.

ARTICLE XX.

This treaty shall be ratified and the ratifications shall be exchanged at Washington, within the term of six months after its date, or sooner if possible; and the treaty shall be put in execution within the term of twelve months.

In faith whereof, the respective plenipotentiaries have signed the present treaty, in duplicate, and have affixed thereto their seals. Brussels, the tenth of November, eighteen hundred and forty-five. [L. S.] THOS. G. CLEMSON. (L. s.] A. DECHAMPS.

ARTICLE 19.

be in force ten

years.

Le présent traité sera en vi- This treaty to gueur pendant dix ans, à dater du jour de l'echange des ratifications,et au delà de ce terme, jusqu'à l'expiration de douze mois après que l'une des hautes parties contractantes aura annoncé à l'autre son intention d'en faire cesser les effets: chacune d'elles se réservant le droit de faire à l'autre une telle déclaration à l'expiration des dix ans susmentionnés; et il est convenu, qu'après les douze mois de prolongation accordès de part et d'autre, ce traité et toutes les stipulations qu'il renferme cesseront d'être obligatoires.

Ratifications changed March

And whereas the said Treaty has been duly ratified on both parts, and the respective ratifications of the same were ex-30, 1846. changed at Washington, on the thirtieth day of March, one thousand eight hundred and forty-six, by James Buchanan, Secretary of State of the United States, and N. A. Beaulieu, Minister Resident of his Majesty, the King of the Belgians to the Government of the United States, on the part of their respective Governments:

Treaty proclaimed March 31, 1846.

Now, THEREFORE, BE IT KNOWN, that I, JAMES 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 observed and fulfilled with good faith by the United States and the citizens thereof.

IN WITNESS WHEREOF, I have hereunto set my hand, and caused the seal of the United States to be affixed.

Done at the city of Washington, this thirty-first day of March, in the year of our Lord, one thousand eight hundred [SEAL.] and forty-six, and of the independence of the United States, the seventieth.

By the President:

JAMES K. POLK.

N. P. TRIST, Acting Secretary of State.

TREATY WITH THE CHINESE EMPIRE, OF PEACE, AMITY AND

COMMERCE.

CONCLUDED JULY 3D, 1844.

By the President of the United States of America.

A PROCLAMATION.

1846.

Treaty with

1844.

Whereas a treaty of peace, amity, and commerce, between the United States of America and the Ta Tsing Empire, was China, July 3, concluded and signed at Wang Hiya, on the third day of July, one thousand eight hundred and forty-four; which treaty is, word for word, as follows:

THE UNITED STATES OF AMERICA AND THE TA TSING EMPIRE,

Desiring to establish firm, lasting and sincere friendship be- Preamble. tween 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 respective countries for which most desirable object, the President of the Uni- Negotiators. ted States has conferred full powers on their commissioner, Caleb Cushing, envoy extraordinary and minister plenipotentiary of the United States to China: and the August Sovereign of the Ta Tsing empire, on his minister and commissioner extraordinary, Tsiyeng, of the Imperial house, a vice-guardian of the heir apparent, governor general of the Two Kwangs, and superintendent general of the trade and foreign intercourse of the Five Ports.

And the said commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles:

ARTICLE I.

There shall be perfect, permanent, and universal peace, and a Peace & friendsincere and cordial amity, between the United States of Amer- ship to prevail. ica on the one part, and the Ta Tsing empire on the other part, and between their people, respectively, without exception of persons or places.

ARTICLE II.

S. to pay cer.

Citizens of the United States resorting to China for the pur-Citizens of U. poses of commerce, will pay the duties of import and export tain duties.

1

exaction pun-
ished.

Modifications of

prescribed in the tariff, which is fixed by and made a part of this treaty. They shall in no case be subject to other or higher duties than are or shall be required of the people of any other Fees & charges nation whatever. Fees and charges of every sort are wholly abolished, and abolished; and officers of the revenue, who may be guilty of exaction, shall be punished according to the laws of China. If the Chinese government desire to modify in any respect the the tariff-how said tariff, such modifications shall be made only in consultation with consuls or other functionaries thereto duly authorized in behalf of the United States, and with consent thereof. And if additional advantages or privileges, of whatever deseription, be conceded hereafter by China to any other nation, the United States, and the citizens thereof, shall be entitled thereupon to a complete, equal and impartial participation in the same.

made.

Five ports es. tablished.

ARTICLE III.

The citizens of the United States are permitted to frequent the five ports of Kwangchow, Amoy, Fuchow, Ningpo, and Shanghai, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise to and from any foreign port and either of the said five ports, and from either of the said five ports to any other of them. But said Vessels not to vessels shall not unlawfully enter the other ports of China, nor Chinese carry on a clandestine and fraudulent trade along the coasts ports, nor carry thereof. And any vessel belonging to a citizen of the United on clandestine States which violates this provision, shall, with her cargo, be subject to confiscation to the Chinese government.

enter unlawful

ly

trade.

ARTICLE IV.

For the superintendence and regulation of the concerns of U.S. may ap citizens of the United States doing business at the said five point consuls. ports, the government of the United States may appoint consuls or other officers at the same, who shall be duly recognised as such by the officers of the Chinese government, and shall hold official intercourse and correspondence with the latter, either personal or in writing, as occasion may require, on terms of equality and reciprocal respect. If disrespectfully treated or Privileges of aggrieved in any way by the local authorities, said officers on the one hand shall have the right to make representation of the same to the superior officers of the Chinese government, who will see that full inquiry and strict justice be had in the premises; and on the other hand, the said consuls will carefully-avoid all acts of unnecessary offence to, or collision with, the officers and people of China.

consuls.

ARTICLE V.

five ports.

At each of the said five ports, citizens of the United States Citizens of U. lawfully engaged in commerce shall be permitted to import and export at S. may import from their own or any other ports into China, and sell there, either of the and purchase therein, and export to their own or any other ports, all manner of merchandise, of which the importation or exportation is not prohibited by this treaty, paying the duties which are prescribed by the tariff hereinbefore established, and no other charges whatsoever.

ARTICLE VI.

U.S. vessels

of China shall

Whenever any merchant vessel belonging to the United States shall enter either of the said five ports for trade, her pa- entering ports pers shall be lodged with the consul or person charged with af- lodge her pa fairs, who will report the same to the commissioner of customs; pers with the and tonnage duty shall be paid on said vessel, at the rate of five consul, &e. mace per ton, if she be over one hundred and fifty tons burden; and one mace per ton, if she be of the burden of one hundred and fifty tons or under, according to the amount of her tonnage, as specified in the register; said payment to be in full of the former charges of measurement and other fees, which are wholly abolished. And if any vessel, which having anchored Tonnage duties at one of the said ports, and there paid tonnage duty, shall have occasion to go to any other of the said ports to complete the disposal of her cargo, the consul, or person charged with affairs, will report the same to the commissioner of customs, who, on the departure of the said vessel, shall note in the port clearance that the tonnage duties have been paid, and report the same to the other custom houses; in which case, on entering another port, the said vessel will only pay duty there on her cargo, but shall not be subject to the payment of tonnage duty a second time.

ARTICLE VII.

carrying pag

to pay tonnage

No tonnage duty shall be required on boats belonging to citi- Boats of U. S. zens of the United States, employed in the conveyance of passengers, provi sengers, baggage, letters, and articles of provision, or others not sions, &c. not subject to duty, to or from any of the five ports. All cargo boats, duties. however, conveying merchandise subject to duty, shall pay the regular tonnage 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.

ARTICLE VIIL

Citizens of the United States, for their vessels bound in, shall Citizens of U.S. may engage pibe allowed to engage pilots, who will report said vessels at the lots for their passes, and take them into port; and, when the lawful duties vessels.