So far as the treaty between China and the United States requires concert and coöperation between the Imperial authorities and the authorities of the United States, that concert and coöperation shall be faithfully and fearlessly rendered, and supported by the military power of the United States now in China, when such support is required to give it effect. But in all matters, where such concert and coöperation is not required by treaty, a strict and practical neutrality has been maintained by the authorities of the United States in China, between those who defend the Imperial power and those who assail it. It is the duty of citizens of the United States residing and sojourning in China, to respect the Imperial government, under which, in concert and coöperation with the authorities of the United States, they are protected and defended, and permitted to resort to China for the purposes of commerce. But those who engage in military service on either side, are reminded that they are under the jurisdiction and control of the authorities of the United States, who have made known to their countrymen and the world, their determination to protect the lives and property of American citizens in China, no matter where or by whom assailed; and they will not permit the weak or vicious of their own countrymen to imperil the safety of all. More certainly to prevent the danger thereof, and for the better execution of the treaty between China and the United States, the following DECREE has been issued by the Undersigned, Commissioner of the United States to the Empire of China, in addition to the statutes of the United States already extended over citizens of the United States in China, in virtue of the Act of Congress, approved 11th August, 1848. ROBERT M. MCLANE. Commissioner of the United States of America to the Empire of China. L. S. So far as the treaty between China and the United States requires concert and coöperation between the Imperial authorities and the authorities of the United States, that concert and coöperation shall be faithfully and fearlessly rendered, and supported by the military power of the United States now in China, when such support is required to give it effect. But in all matters, where such concert and coöperation is not required by treaty, a strict and practical neutrality has been maintained by the authorities of the United States in China, between those who defend the Imperial power and those who assail it. It is the duty of citizens of the United States residing and sojourning in China, to respect the Imperial government, under which, in concert and coöperation with the authorities of the United States, they are protected and defended, and permitted to resort to China for the purposes of commerce. But those who engage in military service on either side, are reminded that they are under the jurisdiction and control of the authorities of the United States, who have made known to their countrymen and the world, their determination to protect the lives and property of American citizens in China, no matter where or by whom assailed; and they will not permit the weak or vicious of their own countrymen to imperil the safety of all. More certainly to prevent the danger thereof, and for the better execution of the treaty between China and the United States, the following DECREE has been issued by the Undersigned, Commissioner of the United States to the Empire of China, in addition to the statutes of the United States already extended over citizens of the United States in China, in virtue of the Act of Congress, approved 11th August, 1848. ROBERT M. McLANE. Commissioner of the United States of America to the Empire of China. L. S. Regulations FOR THE CONSULAR COURTS OF THE UNITED STATES OF AMERICA IN CHINA. IN pursuance of the fourth section of the Act of Congress, approved August 11th, 1848, entitled "An Act to carry into effect certain provisions in the treaties between the United States and China and the Ottoman Porte, giving certain judicial powers to Ministers and Consuls of the United States in those countries:" I, RoBERT M. MCLANE, Commissioner of the United States to the empire of China, do hereby decree the following Rules and Regulations, which shall have the force of law in the consular courts of the United States of America in China: I. That, if any citizen of the United States within the dominions of China, shall accept and exercise a commission to serve the Emperor of China, or any province, state, colony, district, or people in war, by land or by sea, within said dominions, against any other province, state, colony, district, or people, within said dominions, the person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and shall be imprisoned not exceeding three years in China or in the United States, at the discretion of the court. II. That, any citizen of the United States who shall, within the dominions of China, enlist or enter himself, as a soldier or as a mariner or seaman, on board of any vessel of war in the service of the Emperor of China, or any province, state, colony, district, or people within said dominions, against any other province, state, colony, district, or people within said dominions, any person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding ten thousand dollars, and be imprisoned not exceeding three years in China or in the United States, at the discretion of the court. III. That, if any citizen of the United States shall, within the dominions of China, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out, or arming, of any ship or vessel with intent that such ship or vessel shall be employed in the service of the Emperor of China, or any state, colony, district, or people within said dominions, to cruise or commit hostilities against the subjects, citizens or property of any province, state, colony, district, or people within said dominions, or shall issue or deliver a commission within said dominions, or any such ship or vessel, to the intent that she may be employed as aforesaid: Any citizen of the United States so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years in China or in the United States, at the discretion of the court: and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition and stores, which may have been procured for the building and equipment thereof, shall be forfeited, one half to the use of the informer, and the other half to the use of the government of the United States. L. S. ROBERT M. MCLANE, Commissioner of the United States of America to the Empire of China. Canton, 5th December, 1854. |