ARTICLE XI.-(Privileges of United States citizens in China.) "All citizens of the United States of America in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with the subjects of China, shall receive and enjoy for themselves and everything appertaining to them, the protection of the local authorities of Government, who shall defend them from all insult or injury of any sort. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately despatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigor of the law. Subjects of China guilty of any criminal act towards citizens of the United States shall be punished by the Chinese authorities according to the laws of China; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of Chinese, or commit any other improper act in China, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chinese or the United States authorities." ARTICLE XII. (Privileges of citizens of the United States residing at open ports.)-" Citizens of the United States, residing or sojourning at any of the ports open to foreign commerce, shall be permitted to rent houses and places of business, or hire sites on which they can themselves build houses or hospitals, churches and cemeteries. The parties interested can fix the rent by mutual and equitable agreement; the proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, unless there be some objections offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be paid. The citizens of the United States shall not unreasonably insist on particular spots, but each party shall conduct with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according to law. At the places where the ships of the United States anchor, or their citizens reside, the merchants, seamen or others, can freely pass and repass in the immediate neighborhood; but, in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue." ARTICLE XIII.—United States vessels wrecked or stranded on the Chinese coast are to be protected. Such vessels shall also be as far as possible protected from the depredations of pirates. ARTICLE XIV.-(Designation of open ports.)-"The citizens of the United States are permitted to frequent the ports and cities of Canton and Chau-chau or Swatau, in the province of Kwang-tung, Amoy, Fuh-chau, and Tai-wan, in Formosa, in the province of Fuh-kien, Ningpo, in the province of Cheh-kiang, and Shanghai, in the province of Kiang-su, and any other port or place hereafter by treaty with other powers or with the United States opened to commerce, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of China not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision, shall, with her cargo, be subject to confiscation to the Chinese Government; and any citizen of the United States who shall trade in any 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." ARTICLE XV.-(Commerce at open ports-Tariff of duties.)— "At each of the ports open to commerce citizens of the United States shall be permitted to import from abroad, and sell, purchase and export all merchandise of which the importation or exportation is not prohibited by the laws of the empire. The tariff of duties to be paid by citizens of the United States, on the export and import of goods from and into China, shall be the same as was agreed upon at the treaty of Wanghia, except so far as it may be modified by treaties with other nations; it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favored nation." ARTICLE XVI.-Certain tonnage duties to be paid by American vessels. ARTICLE XVII.-Citizens of the United States shall be allowed to engage pilots, servants, and teachers. ARTICLE XVIII.-Customs officers may be stationed on board United States vessels in Chinese ports. Deserters from such vessels shall be returned. Chinese criminals are not to take refuge on American vessels. ARTICLE XIX.-Papers of vessels of the United States casting anchor in Chinese harbors must be deposited with Consul within forty-eight hours. Permits to land cargo-Tonnage duties, due after said forty-eight hours. ARTICLE XX.-Customs examinations in case of dispute to be made by Consul and Superintendent of Customs. ARTICLE XXI.-Re-exportation of goods permitted. ARTICLE XXII. and XXIII.-Regulations for the payment of tonnage and customs duties, and transshipment of goods. ARTICLE XXIV.-Regulation for the collection of debts; resort had to Consul. Neither government shall be held responsible. ARTICLE XXV.-Liberty to employ Chinese teachers. ARTICLE XXVI.—(Treatment of United States vessels in time of war between China and another power-Privileges only to be enjoyed by preserving strict neutrality.)-" Relations of peace and amity between the United States and China being established by this treaty, and the vessels of the United States being admitted to trade freely to and from the ports of China open to foreign commerce, it is further agreed that, in case at any time hereafter China should be at war with any foreign nation whatever, and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent powers, full respect being paid to the neutrality of the flag of the United States, provided that the said flag shall not protect vessels engaged 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 Government." ARTICLE XXVII.-(Jurisdiction in questions of rights of property and persons.)-" 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." ARTICLE XXVIII. (Communications between citizens of the United States and Chinese local officers.)-"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. If subjects of China have occasion to address the Consul of the United States, they may address him directly at the same time they inform their own officers, representing the case 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. The extortion of illegal fees is expressly prohibited. Any peaceable persons are allowed to enter the court in order to interpret, lest injustice be done." ARTICLE XXIX.-Religious freedom granted to citizens of the United States in China. ARTICLE XXX.-Most favored nation privileges in commerce navigation, and political rights secured to the United States, The treaty is to be ratified within one year. "Done at Tien-tsin this eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight, and the Independence of the United States of America the eighty second, and in the eighth year of Hien-fung, fifth month, and eighth day. "WILLIAM B. REED. "KNEILIANG. "HWASHANA.” CHINA, 1868. TREATY CONCERNING TRADE, CONSULS, RELIGIOUS TOLERATION AND EMIGRATION, BEING ADDITIONAL ARTICLES TO THE TREATY OF JUNE 18, 1858. Concluded July 28, 1868. 23, 1869. Ratifications exchanged at Pekin, November ARTICLE I.-Treatment of citizens in time of war. ARTICLE III.-China may appoint Consuls. ARTICLE V.-(Voluntary emigration of Chinese only permitted.) The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migration and emigration of their citizens. and subjects respectively, from the one country to the other for purposes of curiosity, of trade or as permanent residents. The high contracting parties therefore join in reprobating any other than an entirely voluntary emigration for these purposes. They consequently agree to pass laws making it a penal offence for a citizen of the United States or Chinese subjects to take Chinese subjects either to the United States or to any other foreign country, or for a Chinese subject or citizen of the United States to take citizens of the United States to China or to any other foreign country without their free and voluntary consent, respectively?' ARTICLE VIII.-(Citizens of the United States are not to intervene in the affairs of the Chinese Government.)-"The United States, always disclaiming and discouraging all practices of unnecessary dictation and intervention by one nation in the affairs or domestic administration of another, do hereby |