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May hire ser- have all been paid, they may engage pilots to leave port. It vants, &c.
shall also be lawful for them to hire at pleasure, servants, compradors, linguists, and writers, and passage or cargo boats, and to employ laborers, seamen, and persons for whatever necessary service, for a reasonable compensation, to be agreed on by the parties, or settled by application to the consular officer of their government, without interference on the part of the local officers of the Chinese government.
Guards for U.
Whenever merchant vessels belonging to the United States S. vessole in shall have entered port, the superintendent of customs will, if Chinese ports. he see fit, appoint custom-house officers to guard said vessels
, who may live on board the ship or ikeir own boats, at their convenience; but provision for the subsistence of said offi. cers shall be made by the superintendent of customs, and they shall not be entitled to any allowance from the vessel or owner thereof; and they shall be subject 10 suitable punishment for any exaction practised by them in violation of this regulation.
U. S. vessels Whenever a merchant vessel belonging to the United States
in the ports of shall cast anchor in either of said ports, the supercargo, master China to be re-or consignee, will, within forty-eight hours, deposite the intendent of ship's papers in the hands of the consul, or person charged customs, who with the affairs of the United Siates, who will cause to be comshall give a per- municated to the superintendent of customs a true report of the
name and tonnage of such vessel, the names of her men, and of the cargo on board; which being done, the superintendent
will give a permit for the discharge of her cargo. Penalty for. And the master, supercargo, or consignee, if he proceed to go without per discharge the cargo without such permit
, shall incur a fine of five hundred dollars; and the goods so discharged without permit shall be subject to forfeiture to the Chinese governmentBut if the master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, pay. ing duty on such part only, and to proceed with the remain
der to any other ports. May depart in Or, if the master so desire, he may, within forty-eight hours 48 hours with after the arrival of the vessel, but not later, decide to depart
breaking bulk. without breakilg bulk; in which case he will not be subject to
pay tonnage or other duties or charges, until, on his arrival at another port, he shall proceed to discharge cargo, when he will pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held to be due after the expiration of said forty-eight hous.
The superintendent of customs, in order to the collection of A just and fair the proper duties, will, on application made to him through the made of goods consul, appoint suitable officers, who shall proceed, in the pre-for exportation. sence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation, or laden for exportation on board any merchant vessel of the United States. And if dispute occur in regard to Questions in the value of goods subject to an ad valorem duty, or in regard dispute-how to
be adjusted. to the amount of tare, and the same cannot be satifactorily arranged by the parties, the question may, within twenty-four hours, and not afterwards, be referred to the said consul to adjust with the superintendent of customs.
Sets of standard balances, and also weights and measures, Uniformity of duly prepared, stamped, and sealed, according to the standard weights and of the custom house at Canton, shall be delivered by the su- red. perintendents of customs to the consuls at each of the five ports, to secure uniformity, and prevent confusion in measures and weights of merchandise.
The tonnage duty on vessels belonging to citizens of the No tonnage duUnited States shall be paid on their being admitted to entry.— ty on the entry
. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading of the same. When all Duties of insuch duties have been paid, and not before, the superintendent port and export of customs shall give a port clearance, and the consul shall re- whom to be turn the ship's papers, so that she may depart on her voyage.— paid. The duties shall be paid to the shroffs authorized by the Chinese government to receive the same in its behalf. Duties payable by merchants of the United States shall be received either in sycee silver or in foreign money, at the rate of exchange as ascertained by the regulations now in force. And imported goods, on their resale or transit in any part of the empire, shall be subject to the imposition of no other duty than they are accustomed to pay at the date of this treaty.
No goods on board any merchant vessel of the United States Goods not to be in port are to be transhipped to another vessel, unless there be transhipped ex particular occasion therefor; in which case the occasion shall cases.
cept in certain be certified by the consul to the superintendent of customs, who may appoint officers to examine into the facts, and permit the transhipment. And if any goods be transhipped without
such application, inquiry, and permit, they shall be subject to be forfeited to the Chinese government.
Citizens of U. The former limitation of the trade of foreign nations to cerS. admitted to tain persons appointed at Canton by the government, and comtrade subjects of monly called hung.merchanıs, having been abolished, citizens China without of the United States, engaged in the purchase or sale of goods distinction:
of import or export, are admitted to trade with any and all subjects of China, without distinction; they shall not be subject to any new limitations, nor impeded in their business by monopolies or other injurious restrictions.
The Chinese government will not hold itself responsible for ernment not re- any debts which may happen to be due from subjects of China sponsible debts due by
to citizens of the Uniled States, or for frauds committed by its subjects, or them ; but citizens of the United States may seek redress in for frauds com- law; and on suitable representation being made to the Chinese
local authorities, through the consul, they will cause due examination in the premises, and take all proper steps to compel satisfaction. But in case the debtor be dead, or without property, or have absconded, the creditor cannot be indemnified, according to the old system of the co-hong, so called. And if citizens of the United States be indebted to subjects of China, the latter may seek redress in the same way through the consul, but without any responsibility for the debt on the part of the United States.
Citizens of the United States, residing or sojourning at any Citizens of the U.S. may ob. of the ports open to foreign commerce, shall enjoy all proper tain houses and accommodation in obtaining houses and places of business, or places of busi
in hiring sites from the inhabitants on which to construct hou
ses and places of business, and also hospitals, churches, and Local authori- cemeteries. The local authorities of the two governments shall ties to select select in concert the sites for the foregoing objects, having due sites.
regard to the feelings of the people in the location thereof; and the parties interested will fix the rent by mutual agreement, the proprietors on the one hand not demanding any exorbitant price, nor the merchants on the other unreasonably insisting on par
ticular spots, but each conducting with justice and moderation. Desecration of And any desecration of said cemeteries by subjects of China, cemeteries pun. shall be severely punished according to law. ished.
Limitation to At the places of anchorage of the vessels of the United States, the excursions the citizens of the United States, merchants, seamen, or others S. sojourning in sojourning there, may pass and repass in the immediate neighChina. borhood; but they shall not, at their pleasure, make excursions
into the country among the villages at large, nor shall they re. pair to public marts for the purpose of disposing of goods unlawfully and in fraud of the revenue.
And, in order to the preservation of the public peace, the lo. cal officers of government at each of the five ports, shall, in concert with the consuls, define the limits beyond which it shall not be lawful for citizens of the United States to go.
It shall be lawful for the officers or citizens of the United, Scholars may States to employ scholars and people of any part of China, teach the lanwithout distinction of persons, to teach any of the languages of guages of the the empire, and to assist in literary labors; and the persons so
empire. employed, shall not, for that cause, be subject to any injury on the part either of the government or of individuals; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China.
All citizens of the United States in China, peaceably attend Citizens of the ing 10 their affairs, being placed on a common footing of amity protected and good will with subjects of China, shall receive and enjoy, the local gufor themselves and everything appertaining to thein, the special protection of the local anhorities of government, who shall defend them from all insult or injury of any sort on the part of the Chinese. 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, will immediately despatch a military force to disperse the rioters, and will apprehend ille guilty individuals, and punish them with the utmost rigor of the law.
Goods may be
exported from chandise into any of the free ports of China, and paid the du- one to another ty thereon, if they desire to re-export the same, in part or in of the free porte whole, to any other of the said ports, shall be entitled to make additional du application, through their consul, to the superintendent of cus. ties. toms, who, in order to prevent frauds on the revenue, shall cause examination to be made by suitable officers, to see that the duties paid on such goods as entered on the custom-house books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall Then make a memorandum in the port clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant; and shall also certify the facts to the officers of customs of the other ports. All which being done, on the arrival in port of the vessel in which the goods are la
den, and every thing being found on examination there to correspond, she shall be permitted to break bulk, and land the said goods, without being subject to the payment of any additional duty thereon. But if, on such examination, the superintendent of customs shall detect any fraud ou the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese government.
Subjects of Subjects of China, who may be guilty of any criminal act China.
towards citizens of the United States, shall be arrested and pun.
ished by the Chinese authorities according to the laws of ChiCriminal acts-na; and citizens of the United States, who may commit any how punished. crimne in China, shall be subject to be tried and punished only
by the consul, or other public functionary of the United States thereto authorized, according to the laws of the United States. And in order to the prevention of all controversy and disaffection, justice shall be equitably and impartially administered on both sides.
In case of war Relations of peace and amity between the United States and between China and any other
China being established by this treaty, and the vessels of the power, the neu. United States being admitted to trade freely to and from the Ang of the U.S. five ports of China open to foreign commerce, it is further agreed to be respected. that in case, at any time hereafter, China should be at war with
any foreign nation whatever, and for that cause should 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 parties, full respect being paid to the Proviso. 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 alí such vessels so offending shall be subject to forfeiture and confiscation to the Chinese government.
Consuls of the The consuls of the United States at each of the five ports U. S. to make open to foreign trade shall make, annually, to the respective of the number governors.general thereof, a detailed report of the number of of vessels arrive 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 10 and inspection of the board of revenue.