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TREATY OF PEACE, AMITY, AND COMMERCE,
THE UNITED STATES OF AMERICA
AND THE CHINESE EMPIRE.
Dated at Wanghia, July 3d, 1844.
Exchanged, December 31st, 1845.
Proclaimed, April 18th, 1846.
The United States of America and the Ta Tsing Empire, desiring to establish firm, lasting 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 respective 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 plenipotentiary of the United States to China: and the august Sovereign of the Ta Tsing Empire, on his Minister and commissioner extraordinary KIYING, of the Imperial House, a vice-guardian of the heir apparent, Governor-general of the Two Kwáng, 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.
PEACE TO BE MAINTAINED.
Art. I. There shall be a perfect, permanent and universal peace, and a sincere and cordial amity, between the United States of America on the one part, and the Tá Tsing Empire on the other part, and between their people respectively, without exception of persons or places.
DUTIES TO BE LEVIED BY A TARIFF.
ART. II. Citizens of the United States, resorting to China for the purposes of commerce, will pay the duties of import and export 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 nation what
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. If the Chinese government desire to modify in any respect the 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 description 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.
TRADE CARRIED ON AT FIVE PORTS.
ART. III. The citizens of the United States are permitted to frequent the five ports of Kwángchau, Amoy, Fuhchau, Ningpo and Shánghái, and to reside with their families, and to proceed at pleasure, with their vessels and merchandise to or from any foreign port, and from either of the said five ports to any other of them. But said vessels shall not unlawfully enter the other ports of China, nor carry on a clandestine and fraudulent trade along the coasts thereof. And any vessel, belonging to a citizen of the United States, which violates this provision, shall with her cargo be subject to confiscation to the Chinese government.
CONSULS TO BE APPOINTED AT EACH.
Art. IV. For the superintendence and regulation of the concerns of the citizens of the United States doing business at the said five ports, the government of the United States may appoint consuls, or other officers at the same, who shall be duly recognized 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 aggrieved in any way by the local authorities, the 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 cousuls will carefully avoid all acts of unnecessary offense to, or collision with, the officers and people of China.
IMPORTS AND EXPORTS NOT TO BE LIMITED.
Art. V. At each of the said five ports, citizens of the United States, lawfully engaged in commerce, shall be permitted to import from their own or any other ports into China, and sell there, 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 what
TWO RATES OF TONNAGE DUTY TO BE PAID.
ART. VI. Whenever any merchant vessel belonging to the United States sball enter either of the said five ports for trade, her papers: shall be lodged with the consul, or person charged with affairs, who will report the same to the commissioner of customs; and tonnage duty shall be paid on said vessel at the rate of five 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 at one of the said ports, and there paid tonnage duty, shall have occasion to go to any others 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.
PASSAGE BOATS NOT TO PAY TONNAGE DUTY.
Art. VII. No tonnage duty shall be required on boats belonging to citizens of the United States, employed in the conveyance of passengers, baggage, letters, and articles of provision, or others not subject to duty, to or from any of the five ports. All cargo boats, 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.