The New York herald., 1845-01-22
BY THE SOUTHERN MAIL.
[From the National Intelligencer, Jan. 81 ]
The Treaty with China.

lhe WIN Cnlna.
The treaty between the United States and China
seIng yet under the seal OF confidence, which has
been removed from the greater part OF the docu-
,nents communicated with the treaty the Senate,
We have selected from those documents tor imme-
diate publication the following paper, which, for
al practical uses, will be interesting 10 our
readers than the treaty itself, because gives
our Minister'S own view OF the character and bear
Inss OF the treaty.
Faom Ma. CUSHING TO THE sIcRETARY o STATE.
MACAO, July D, 1914.
siR- have the honor to enclose to you copy OF the
treaty of Wang Hiya, as signed on the 81 instant.
On examining this document you will find in the hrst
!ace that description Of the contracting parties
The language Of the stpuatins and the mode Of
on, the style of perfect equality between the United
may add that has been carefully attended in the
Chinese Us well az in the English duplicate Of the treaty
You viii perceive in the second place. that this cay
contains many provisions which not Embraced either
IN the English treaty OF NankDg, or 10 the treaty sup
Elementary thereto. which comprehends the tariff and
the commercial regulations
list The tirif amended by the reduction Of the du
lies on some articles of American production, and by
fixing with greater precision what goods contIaband
OF subjects OF monopoly.
There is nothing in the English resties to limit the
power OF the Emperor in the exclusion OF articles Of i'm
Thus might render all commercial privileges nuga-
tory, by prohibiting the expectation OF tea and silk and
the importation Of cotton cotton fabrics; he might
obst uc the commerce in hese any other articles by
making them the subjects OF close monopoly, as is
the case with salt.
This guarded against in the treaty of Wang Hiye by
making the objects of contraband and monopoly mat.
ter of stipuaIIen between the governments And
notifications Of The tariff to be made without the
consent Of he United States.
~. By the English eaties the Consul security for
the Of duties and bound to prosecute Tor all
ntracons OF the revenue laws Of China. This Is to
the British Cove the ftce and respon
sbty of paying duties which involves much of regu
lon and OF form IN the OF trade which ex
subjects as well as the Government Of Great Britain All
s avoided in the treaty of Wang Hiya by making
he duties ~ cash. which perfectly acceptable
In M md in yuIt Of
business in China.
Sd. New provision is made in the amplest for
lie trade from port to port in China.
ship which, having touched at Canton has there paid
tonnage duties Ind discharged part Of her cargo,
being subject the payment Of duty second
aud goods which have been landed, and paid duty
ported any other poit Of China without being subject
TO any further duty This latter provision IL equivalent
4th Due provision is made for the recognition and per-
sonal dignity and security ofconsus any other officers
whom the Government Of the United States may see Ut to
9TH In regard the payment of duties various prov
sions inserted for the convenience c commerce.
with respect to the mode OF and among others,
that merchandise may be landed from time to time as
be conveHent duty being paid on the articles only
hen they landed, and that ssels may. within
limited time Depart they please without breaking bulk
9th Citizens OF the United States have all accom-
modaon at each Of the FIVE pors only heretofore
in the construction of dwelling houses and magazines but
also OF churches, cemeteries, and hospitals
7h. Provision is made for the employ ment, by Ameri
cans persons to teach the languages empire; and
purchase Of books is legazed-it having been the
oPpress such OF subjects either gave instruction
sold books to foreigners in cTcumstance
has been great obstacle the study Of the Languages
China and the acquisition OF the OF satisfactory in
tercourse with its government
sth. All Americans in China to be deemed subject
only to the jurisdiction of their Govern ment both
in criminal matters and in questions Of civil right
shall eater to enter into these sub
jets somewhat in DETAIL and to suggest the President
The expediency of recommending Congress the enact
ent Of laws in this relation. applicable not only to
Americans in China but in Turkey and elsewhere in
sia, where Americans lin common with Europeans)
IN like manner exempt from the jurisdiction OF the local
Government
9th. Citizens of the United States in China. and every
thing apperainng to them are placed under the special
protection of the Chinese Government, which engages
10 defend them from all insult or injury.
the chinese authorities neglect their duty in this
spect they Of course become responsible for all conse
quences on complaint being made TO the government OF
part execution of this, and other corresponding pro-
visions of the treaty particular arrangements are in train
for the further security Of citizens Of the United States
siding in Canton, which report will bs made to you
10TH The vessels OF the nted States to and
80 freely between the ports OF China and those OF any
il full security not only for the ship but for all descrp
iions of merchandise the neutrality of hsg and
every thing i covers. being especially guaranteed
vessels stranded the coast Of China driven by any
soit OF rs into whatever port Of China and also
the restitution of property taken by pirates in the seas
China.
iath. Equality in correspondence between civil mi
o China stipulated also the Observance Of all cour
tsy and respect he correspondence between indivi
dual citizens OF the United States and officers Of the Chi
Government.
Is No presents are to be demanded of either Govern
ment by the other.
The usage among Asatc States of giving and recev-
ing has been the of Inconvenience
the United States in those cases even where il has
been mere matter OF courtesy But as the receipt OF
presents by the Chinese Government has always hither
been assumed by the letter act OF tribute the
part OF the Government making such presents seemed
be still more desirable to abolish the practice at once
by provision of the treaty.
I4h. Ships Of OF the United States and their
mandes at all times to be courteousy received in
,se ports of China.
1t seemed to me that such provision would secure to
ships of all such the ports of China
may he needul either tor their relief for the
lection of the ships and citizens Of the United
tates while il would be to go far as the
Engh have done and engage to keep ship OF war at
10th. Heretofore, Government except Russia) has
held dirt CT communication with the Court CT China At
the present time the British Government does not
hold correspondence with the court Of Pekng insisted
upon and obtained provision for communications be-
tween the two governments
The article Of the treaty does not specify to whom COM
nunicaiions from the United States shall be addressed
being left to the discretion of the American Government
elect whom will address, not excepting the emperor
Upon this point shall make you separate commu-
nicston with reference well to its importance as for
@ pos % ter the Of State 10 s
dress, when occasion shall arise.
lsb In regard to opium which is not directly dir M men
Wang Hya that citizens OF the United States engaged
in this other contraband trade shall receive no
protection from the American Government shall the
flag Of the United States be abusvey employ ed BY ether
nations the violation Of the laws OF China
Upon this point ALSO shall have occasion to address to
you separate despatch.
have thus brief manner, indicated some Of the pc
culiar provisions Of this treaty.
Many Of them and important.
Some Of the English newspapers have commented ra
ther boastuy upon the fact that the English arms bad
opened the ports of China to other nations, and the
same time have. with fppant gnorance, ridculed the
idea of mission from the United States to do that which
Ut said) had been already wholly done by England
oscribe s possible honor TO the ability displayed ~
sir Henry Ponger in China, and to the success which
attended his gocations; and recognise the debt OF
gratitude which the United States and all other nations
owe 10 England far what she has accomplished hina.
r all this much benefit has accrued to the United
States.
But in return, the treaty Of Wang Hya, in the new
provisions il makes conferB great benefit the
aoff Rriti he