ARTICLE XXIV.

tions from citi

authorities, how

nese subjects to

If citizens of the United States have special occasion to ad- Communicadress any communication to the Chinese local officers of gov- zens of U. S. to ernment, they shall submit the same to their consul, or other Chinese local officer, to determine if the language be proper and respectful, to be addressed. and the matter just and right; in which event, he shall transmit the same to the appropriate authorities, for their consideration and action in the premises. In like manner, if subjects Communicaof China have special occasion to address the consul of the tions from ChiUnited States, they shall submit the communication to the local the U.S. consul, authorities of their own government, to determine if the lan- how to be adguage be respectful and proper, and the matter just and right; in which case the said authorities will transmit the same to the consul or other officer for his consideration and action in the premises. And if controversies arise between citizens of the Controversies, United States and subjects of China, which cannot be amica- how settled. bly settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations acting in conjunction."

ARTICLE XXV.

dressed.

citizens

of

All questions in regard to rights, whether of property or Questions beperson, arising between citizens of the United States in China, tween Cuzens shall be subject to the jurisdiction, and regulated by the autho- be regulated by rities of their own government; and all controversies occurring authorities in China between citizens of the United States and the subjects ernment. of any other government shall be regulated by the treaties existing between the United States and such governments respectively, without interference on the part of China.

ARTICLE XXVI.

their own gov

vessels of U. S

Robbers and pirates to be ar

Merchant vessels of the United States, lying in the waters of Jurisdiction the five ports of China open to foreign commerce, will be under over merchant the jurisdiction of the officers of their own government, who, with the masters and owners thereof, will manage the same without control on the part of China. For injuries done to the citizens or the commerce of the United States by any foreign power, the Chinese government will not hold itself bound to make reparation. But if the merchant vessels of the United States, while within the waters over which the Chinese govern- Posted by Chiment exercises jurisdiction, be plundered by robbers or pirates, nese then the Chinese local authorities, civil and military, on re- ment. ceiving information thereof, will arrest the said robbers or pirates, and punish them according to law, and will cause all the property which can be recovered to be placed in the hands of the nearest consul, or other officer of the United States, to be by him restored to the true owner. But if, by reason of the extent of territory and numerous population of China, it should,

govern

U. S. wrecked

in any case, happen that the robbers cannot be apprehended, or the property only in part recovered, then the law will take its course in regard to the local authorities, but the Chinese government will not make indemnity for the goods lost.

ARTICLE XXVII.

Vessels of the If any vessel of the United States shall be wrecked or or stranded to stranded on the coast of China, and be subjected to plunder or be relieved and other damage, the proper officers of government, on receiving secured from information of the fact, will immediately adopt measures for

plunder.

INo embargo to

sels of U. S.

their relief and security; and the persons on board shall receive friendly treatment, and be enabled at once to repair to the most convenient of the free ports, and shall enjoy all facilities for obtaining supplies of provisions and water. And if a vessel shall be forced, in whatever way, to take refuge in any port other than one of the free ports, then in like manner the persons on board shall receive friendly treatment and the means of safety and security.

ARTICLE XXVIII.

Citizens of the United States, their vessels and property, shall be laid on ves- not be subject to any embargo; nor shall they be seized or forcibly detained for any pretence of the public service; but they shall be suffered to prosecute their commerce in quiet, and without molestation or embarrassment.

Mutineers and

U. S. vessels to

ARTICLE XXIX.

The local authorities of the Chinese government will cause deserters from to be apprehended all mutineers or deserters from on board the be apprehended vessels of the United States in China, and will deliver them up Criminals not to the consuls or other officers for punishment. And if criminals, subjects of China, take refuge in the houses or on board the vessels of citizens of the United States, they shall not be harbored or concealed, but shall be delivered up to justice, on due requisition by the Chinese local officers addressed to those of the United States.

to be harbored in U. S. vessels.

Superintend

zens of U. S.

The merchants, seamen, and other citizens of the United ance over citi States shall be under the superintendence of the appropriate Officers of the Officers of their government. If individuals of either nation two govern- commit acts of violence and disorder, use arms to the injury of others, or create disturbances endangering life, the officers of the two governments will exert themselves to enforce order, and to maintain the public peace, by doing impartial justice in the premises.

ments to preserve order.

ARTICLE XXX.

Correspond

perior officers

tries to be on

The superior authorities of the United States and of China, in corresponding together, shall do so in terms of equality, and ence of the suin the form of mutual communication (cháu hwui.) The con- of the two counsuls, and the local officers, civil and military, in corresponding terms of equaltogether, shall likewise employ the style and form of mutuality. communication (cháu hwui.) When inferior officers of the How inferior one government address superior officers of the other, they shall address do so in the style and form of memorial (shin chin.) Private riors. individuals, in addressing superior officers, shall employ the style of petition (pin ching.) In no case shall any terms or style be suffered which shall be offensive or disrespectful to

officers

shall

supe

either party. And it is agreed that no presents, under any pre- No presents to text or form whatever, shall ever be demanded of the United be demanded. States by China, or of China by the United States.

ARTICLE XXXI.

which commu

Communications from the Government of the United States Medium thro' to the court of China shall be transmitted through the medium nications to the of the imperial commissioner charged with the superintendence Court of China of the concerns of foreign nations with China, or through the shall be made. governor general of the Liang Kwang, that of Min and Cheh, or that of the Liang Kiảng.

ARTICLE XXXII.

commanders of

nese authori.

Whenever ships of war of the United States, in cruising for Intercourse of the protection of the commerce of their country, shall arrive U. S. ships of at any of the ports of China, the commanders of said ships, war with Chiand the superior local authorities of government, shall hold in- ties. tercourse together in terms of equality and courtesy, in token of the friendly relations of their respective nations. And the said ships of war shall enjoy all suitable facilities on the part of the Chinese Government in the purchase of provisions, procuring water, and making repairs, if occasion require.

ARTICLE XXXIII.

contraband

Citizens of the United States, who shall attempt to trade Clandestine & clandestinely with such of the ports of China as are not open trade, how pun to foreign commerce, or who shall trade in opium or any other ished. contraband article of merchandise, shall be subject to be dealt with by the Chinese Government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations, as a cover for the violation of the laws of the empire.

This conven. tion to be obligatory when ratified.

ARTICLE XXXIV.

When the present convention shall have been definitively concluded; it shall be obligatory on both powers, and its provisions shall not be altered without grave cause; but, inasmuch as the circumstances of the several ports of China open to foreign commerce are different, experience may show that inconsiderable modifications are requisite in those parts which reMay be altered late to commerce and navigation; in which case the two gov at the expira-ernments will, at the expiration of twelve years from the date tion of 12 years. of said convention, treat amicably concerning the same, by the means of suitable persons appointed to conduct such negotiation. And, when ratified, this treaty shall be faithfully observed in all its parts by the United States and China, and by every citizen and subject of each; and no individual State of the United States can appoint or send a minister to China to call in question the provisions of the same.

Shall be faithfully observed.

To be ratified

in 18 months.

The present treaty of peace, amity, and commerce, shall be and exchanged ratified and approved by the President of the United States, by and with the advice and consent of the Senate thereof, and by the august sovereign of the Ta Tsing empire, and the ratifications shall be exchanged within eighteen months from the date of the signature thereof, or sooner if possible.

Signed July 3, 1844.

In faith whereof, we, the respective plenipotentiaries of the United States of America, and of the Ta Tsing empire, as afore said, have signed and sealed these presents.

Done at Wang Hiya, this third day of July, in the year of our Lord Jesus Christ, one thousand eight hundred and fortyfour; and of Taou Kwang, the twenty-fourth year, fifth month, and eighteenth day.

Tariff of duties.

On exports.

Class 1.

The Tariff of duties to be levied on imported and exported merchandise at the five ports.

The duties which it is agreed shall be paid upon goods imported and exported by the United States at the custom-houses of Canton, Amoy, Fuchow, Ningpo, and Shanghai, are as follows; the articles being arranged in classes, viz: