The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-01-21
F|ds the .Nalionsl Iaisi!ig .nesy.
THE TREATY WITH CHINA.


The Treaty between the United States aod Chins
being yet under tho gal Of confidence, which has
been removed from 10 greater part OF the Docu-
menls communicated nth the Treaty to the Senate,
NC have selected froa those documents for imme-
date publication the Glowing paper, which, for all
practical uses, will b more interesting to res
dsrs Than the Teaty itself because IL gives our
Minister'S own view Il the character and bearings OF
The Treaty.
From Mr., Cushi,g TO The Secretary Of State
MACAO, JuLr 5, ls44.
sH have the h,nor to enclose to you a copy of
tbe treaty Of Wang iya, Ne signed On the Sd Instant
On examining this document, you will find, IN the
6r place, that In DC description OF the contracting
psres the laogusgeoI the stipulaions and The mode
of execution, the size Of perfect equality between
,he United States aa China has been seduously OBJ
served and may i'd, that this has been carefully
attended TO in tho Chinese as well as in the English
duplicate Of the treay.
You will pereeivs in the second place, that this
treaty contains mag provision. which not en-
braced either In the EDgllsh treaty of Making or in
the treaty supplementary thereto. which comprehends
the tariff and the commercial regulations.
FJra. The tariff $ amended, by the REDUCTION of
the duties on some articles Of American production,
contraband, or subjects Of monopoly
There Is noh iogia tbs English treaties 10 limit the
power Of the Emperor in the exclusion Of articles Of
import or export.
Thus he might render all commercial privileges
pugatory by prohibiting the expectation OF tea and
silk aud the Importation OF cotton cotton fabrics
or he might District the commerce In those any
other articles, bysAskng them tho subjects Of close
monopoly, as Is nov the case with salt
This is guarded against in the treaty Of Wang
Hya, by making he objects of contrabaod and mo-
nOpoy matter of stipulation between the Govern
ments. And no notifications OF the tariff TO be
made without the consent Of the United States.
Second. BY the Esglish treaties, the Consul is
curly for the payment OF duties, and is bound to
prosecute for all inracons OF the revenue laws Of
China. This is TO transfer to the British Govern
men, the Office and responsibility Of paying duties,
which involves much Of regulation and Of form in
lbs prosecution Of trade, which experience has al.
ready shown To be inconvenent TO the subjects as
we'll The Government Of Great Britain. All
this is avoided in the treaty Of Wang Hya, by max
Ing the duties payable in cash, which is perfectly ac-
ceptabc to the merchant and in accordance with the
course Of business IN China. .I
Third. New provision made in the ampest man.
ner Tor the trade, FROM port To port, in hina.
A ship which, having touched at Canton, has there
paid tonnage duties, and discharged a part OF her
cargo, may proceed with the residue 10 any other
port IN China, without being subject TO the payment
Of tonnage duty q second time and goods which
have been landed, and paid duty at of the ports
Of China, may, at any time, DO Te-exported to any
other port Of China, without being subject to any
further duty This latter provision is equivalent to
a warehousng system Tor all the coast Of China,
Fourth Due provision is made for the recognition
and personal dignity and security Of consus or any
other officers whom tho Government of the United
States may see fl to appoint for the suPerinendence
Of our trade in China.
Fylh. 10 regard 10 the payment Of duties, various
provisions are inserted, for the convenience Of our
commerce, with respect 10 the mode Of payment,
and, among Others, that merchandise may be landed
from time TO ume as may be convenient, duty being
paid on the articles only when they landed, and
that vessels may, within limited tune, depart, n
they please, without breaking bulk.
Sirh. Citizens Of the United States to have all
accommodation at each Of the five ports, only as
heretofore in the construction of dwellng-houses
and magazines, but also Of churches cemeteries and
hospitals.
Sevemlh. Provision is made for the employment,
by Americans, of persons to teach The language Of
the Empire ond the purchase of books is iegalized
having bsen the custom heretofore for the Chinese
Government to persecue and Cypress such of its
subjects as either gave instruction or sold books to
foreigners in China; which circumstance has been a
great obstacle 10 the study of the languages Of Chi
ma and the acquisition Of the of satisfactory in
tercourse with its Government
Eighth. All Americans in China are to be deemed
subject only to the jurisdiction of their own Govern
ment, both ia criminal matters, and in questions of
civil right.
shall have occasion hereafter to enter into these
subjects some what in detail and to suggest to the
President the expediency of recommending TO Con-
gress the enactment of laws in this relation, appca
Bile not only to Americans in China, but in Turkey
and elsewhere in Asia, where Americans lin COM
mon with Europcans) are IN like manner exempt
from the jurisdiction of the local Government.
nth If he od 2tofe in nd
every thing appertaining to them, are placed under
the special protection Of the Chinese Government,
which engages to defend them from all insult or in.
jury
If the Chinese authorities neglect their duty in this
respect, they of course become responsible tor all
consequences, on complaint being made to the Gov
eminent of the United States.
In part execution of this, and other corresponding
provisions Of the treaty. particular arrangements are
in train for the further security of citizens of the
United States residing in Canton, of which report
will be made to you 10 due time.
Tenth. The vessels of the United States are to
come and 60 freely between the ports of China and
those of any other country with which China may hap
pen 10 be at war; in full security not only for the ship,
mt for all descriptions of merchandse the neutral
y of our flag, and every thing it covers being espe
cialy guaranteed.
relief Of vessels stranded on the coast of China or
driven by any sort of ris major into whatever port Of
China and also for the restitution Of properly taken
by pirates in the seas of China. g
Tpe!ah Equality in correspondence between civil
or military and naval officers Of the United States and
those of China is stipulated and also the observance
of all courtesy and respect In the correspondence be-
tween individual citizens Of the United States and
officers of the Chinese Government.
Thirteenth No presents are to be demanded OF
either Government by the other.
The usage among Asiatc States of giving and re-
ceivng presents has been the Of great incon
venience to the United States in those cases even
where 1t has been mere matter of courtesy. But,
as the receipt of presents by the Chinese Government
has always hitherto been assumed by the latter as an
act Of tribute on the part Of the Government making
such presents it seemed to be still more desirable to
abolish the practice at once by provision OF the
treaty.
their commanders at all times to be courteous J