The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-11-13

1RcAlI WIFI
We have obtained for publication copy Of the
lale treaty between the United States and China.
is not the custom ofthe government 10 publish trea
ties officially until after they have been ratified by
the parties, and the ratifcations have been ex-
changed. The consideration Of this fact probably
induced the Executive content ITSELF last winter,
with communicating to Congress- merely an abstract
of the treaty with China. But il is now known that
the treaty has been ratified by the Chinese, as well
as by the American government that, in anticipation
of the exchange Of publications. il has actually been
put in operation in China by the Chinese govern
ment and that the Chinese counterpart has already
been made public also by the Chinese government.
Under these circumstances, there seems TO be no
reason for Withholding any longer from the press
the American counterpart Of the treaty. This view
of the subject has been taken by the French govern
men,, likewise, which has allowed the late treaty
between France and China to appear in the columns
of the Journal DIES Dsba although the Publications
have not yet (or at least had not at the time of that
pablication) been exchanged. And the subject is
one of growing importance TO the citizens of the
United States--UMoN.
THE UNITED STATES OF AMERICA AND THE
IA TsiNG EMPIRE,
Desiring to establish firm lasting, and sincere
friendship between the two nations, have resolved
to fix, in manner clear and positive, by means OF
treaty or general convention Of peace amity, and
commerce., the rules which shall in future be mu-
tualy observed in the intercourse of their respect
i've countries: For which most desirable object, the
President Of the United States has conferred full
powers on their commissioner, Caleb Gushing, en-.
voy extraordinary and minister plenipotentiary OF
the United States 10 China; and the august Sover-
eign Of the Ia Tsing empire, on his minis
ter and commissioner extraordinary, Tsiyeng, OF
the imperial house, vice guardian OF The heir
apparent governor general OF the Two kwangs,
and superintendent general Of the trade and for
eign intercourse of the five ports.
And the said commissioners, after having ex-
changed their said full powers, and duly considered
the premises have agreed to the following articles
Arr. !. There shall be perfect, permanent, uni
versal peace, and sincere and cordial amity, be-
tween the United States of America ON the one
part, and the TIA Using empire on the other part,
and between their people, respectively, without
exception Of persons or places.
Arr. 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 part Of, this treaty.
Thew shall in no case be- subject 10 other higher du
other nation whatever. Fees and charges of every
sort are wholly abolished and officers Of the re-
venue, who may he guilty Of exaction, shall be
punished according 10 the laws Of China. If the
Chinese government desire to modify in any respect
the said tariff such notifications shall bo made only
in consultation with consuls other functionares
thereto duly authorized in behalf of the United
States, and with consent thereof And If addition
al 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 complete, equak and impair
tial participation in the same.
Arr. III. The citizens of the United States are
permitted TO frequent the five ports Of Kwangchow,
Annoy, Fachow, Ningpo, and Shanghai, and to
reside with their families and trade there, and TO
proceed at pleasure with their vessels and nierchan-
disc to and from any foreign port and either of the
said five ports, and from either Of the said hve ports
to any other Of them. But said vessels shall
lawfully enter the other ports of China, nor carry
on a clandestne and fraudulent trade along the
coasts thereof, And any vessel belonging to
citizen Of the United States which violates this pro-
vision, shall, with her cargo, be subject to confsca
ton TO the Chinese government,
ARr. ~. For the superintendence and regulation
Of the concerns Of the citizens Of the United States
doing business at the said FIVE ports, the govern
mont of the United States may appoint consuls or
other officers at the same, who shall be duly recog
Missed as such by the officers Of the Chinese govern
,nenl and shall hold official intercourse and cores
pond nee with the latter, either personal in wri
ting as occasions may require, on terms Of equality
and reciprocal respect. II unexpectedly treated
or aggrieyed in any way by the local authorities,
said officers on the 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 consuls
will carefully avoid all acts Of unnecessary offence
to, or collision with, the officers and people of
China.
ART. VI 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 their own any other ports,
all manner Of merchandise, Of which the importn-
iion or expectation is not prohibited by this treaty
paying the duties which are prescribed by the tariff
hereinbefore established and no other charges what
soeyer. x@&FsE
Arr. VI Whenever any merchant vessel belong.
ing to the United States shall enter either of the said
five ports for trade, her papers shall be lodged with
the CONSUL person charged with affairs, who will
report the same to the commissioner of customs |;
and tonnage duty shall he paid on said vessel at the
rate Of five mace per ton, If she be over one hum
dred 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 and other
fees, which are wholly abolished. And il any ves-
sell which, having anchored at Of the said ports,
and there to pay tonnage duty, shall have occasion
go any others Of the said ports TO complete the
disposal Of her cargo, the consul person charged
with affairs, will report the to the commissioner
of customs, who, the departure Of the said vessel
will note in the port clearance that the tonnage du-
ties have been paid and report the to the other
custom-houses; in which case, on entering another
port the said vessel will only pay duty there her
cargo, but shall not be subject to the payment Of
tonnage duty second lime
AR. VII No tonnage duty shall be required on
boats belonging TO citizens of the United States,
employed in the conveyance Of passengers, bag
gage, letters, and articles Of provision, or Others not
subject to duty, 70 or from any Of the five ports.
All cargo boais however, conveying merchandise
subject duty, shall pay the regular tonnage duty
of one mace per ton, provided they belong to cit
liens of the United States, but not if hired by them
from subjects Of China.
Arr. ynu. Citizens Of the United States, for
thar vessels hound in ahall he allowed n en0nCe