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in the transportation of officers or soldiers in the enemy's service; nor shall said flag be fraudulently used to enable the enemy's ships with their cargoes to enter the ports of China: but all such vessels so offending shall be subject to forfeiture and confiscation to the Chinese govern

ment.

TRADE REPORTS TO BE ANNUALLY MADE.

ART. XXIII. The consuls of the United States at each of the five ports open to foreign trade, shall make annually to the respective governors-general thereof, a detailed report of the number of vessels belonging to the United States which have entered and left said ports during the year, and of the amount and value of goods imported or exported in said vessels, for transmission to and inspection of the Board of Revenue.

SETTLEMENT OF DISPUTES.

ART. XXIV. If citizens of the United States have special occasion to address any communication to the Chinese local officers of government, they shall submit the same to their consul, or other officer, to determine if the language be proper and respectful, 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 of China have special occasion to address the consul of the United States, they shall submit the communication to the local authorities of their own government, to determine if the language 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 United States and subjects of China, which cannot be amicably 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.

AMERICANS TO SETTLE THEIR OWN CONTROVERSIES.

ART. XXV. All questions in regard to rights, whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction, and regulated by the authorities of their own government. And all controversies occurring in China between citizens of the United States and the subjects 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.

ART. XXVI. Merchant vessels of the United States, lying in the waters of the five ports of China open to foreign commerce, will be under the jurisdiction of the officers of their own government, who, with the master 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 government exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving 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, 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.

WRECKED SHIPS AND CREWS TO BE PROTECTED.

ART. XXVII. If any vessel of the United States shall be wrecked or stranded on the coast of China, 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 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 five 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 five ports, then in like manner the persons on board shall receive friendly treatment, and the means of safety and security.

NO EMBARGO TO BE PUT ON AMERICAN SHIPS.

ART. XXVIII. Citizens of the United States, their vessels and property, shall 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 CRIMINALS FLEEING FROM JUSTICE.

ART. XXIX. The local authorities of the Chinese government will cause to be apprehended all mutineers or deserters from on board the vessels of the United States in China, and will deliver them up 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. The merchants, seamen, and other citizens of the United States shall be under the superintendence of the appropriate officers of their government. If individuals of either nation 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.

MODE OF OFFICIAL COMMUNICATION PRESCRIBED.

ART. XXX. The superior authorities of the United States and of China, in corresponding together, shall do so in terms of equality, and in the form of mutual communication (cháu hwui.) The consuls and the local officers, civil and military, in corresponding together, shall likewise employ the style and form of mutual communication (cháu hwui.) When inferior officers of the one government address superior officers of the other, they shall do so in the style and form of memorial (shin chin.) Private 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 either party. And it is agreed that no presents, under any pretext or form whatever shall ever be demanded of the United States by China, or of China by the United States.

COMMUNICATIONS FOR THE EMPEROR.

ART. XXXI. Communications from the government of the United States to the court of China shall be transmitted through the medium of the imperial commissioner charged with the superintendence of the concerns of foreign nations with China, or through the governors-general of the Liáng Kwáng, that of Min and Cheh, or that of the Liáng Kháng.

SHIPS OF WAR MAY VISIT ANY PORT.

ART. XXXII. Whenever ships of war of the United States, in cruising for the protection of the commerce of their country, shall

arrive at any of the ports of China, the commanders of said ships, and the superior local authorities of government shall hold intercourse 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.

CLANDESTINE TRAFFIC AND OPIUM DISALLOWED.

ART. XXXIII. Citizens of the United States, who shall attempt to trade clandestinely with such of the ports of China as are not open to foreign commerce, or who shall trade in opium or any other 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.

REVISION OF THIS TREATY.

ART. 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 relate to commerce and navigation; in which case the two governments will, at the expiration of twelve years from the date 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.

The present treaty of peace, amity, and commerce shall be 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 Tá Tsing Empire; and the ratifications shall be exchanged within eighteen months from the date of the signature thereof, or sooner if possible.

In faith whereof, we, the respective plenipotentiaries of the United States of America, and of the Tá Tsing Empire, as aforesaid, have signed and sealed these presents.

Done at Wánghiá, this third day of July, in the year of our Lord Jesus Christ, one thousand eight hundred and forty-four, and of Táukwáng, the twenty-fourth year, fifth month, and eighteenth day.

C. CUSHING.

TSIYENG.

L. S.

L. S.