Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-12-04


port clearance of the goods and the amount of
duties paid on the same, and deliver the same
10 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
laden, and everything being found on exami--
| nation there to correspond, she shall be per-
mit,ed TO break bulk, and land the said goods,
without berg subject to tine payment of any
aooltlonal duty thereon. But if, on such ex- /
animation, the superintendent Of customs shall L
uetec' any fraud on the revenue In the case,
then the goods shall be subject 10 forfeiture
and conflsca'ion to the Chinese government. 1
ARTICLE XXI. Subjects of China, who may /
DC guiIty Oh any criminal act towards citizens /
! OF the United States, shall be arrested and /
punished by the Chinese authorities accor.
ding 10 the laws of China; and citizens of
the United States, who may commit any crime
in China, shall be subject 10 be tried and pun.
lshed only by the consul, or other public func-
tionary of the United States thereto auihori.
zed. according TO the laws OF the United States.
And in order 10 the prevention of all conlro-
versy and disaflection, justice shall be equiia-
bly, and impartially administered on both sides.
ARTICLE XII. Relations OF peace and ami-
ty between the United States and China be-
ing established by this treaty, and the vessels
of the United States being admitted to trade
freely TO and from the five 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 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 10 and
from the ports Of the belIgerent parties. 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 en-.
emy's service; nor shall said flag be fraudu-
4 lently used to enable the enemy's ships. with
! their cargoes 10 enter the ports of China;
but all such vessels so offending shall be sub.
ject to forfeiture and confscalion to the CHI
nese government.
ARTICLE XIII. The consufs of the United
States at each of the Ave ports open 10 for.
eign tIade shall make, annually. to the re-
spectlve encouragement thereof. detailed
report of the number of 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 to and inspection
oflhe board of revenue.
ARTICLE XIV. If citizens eff the United
States have special occasion to address any
communication to the Chinese local officers
of government, they shall submit The same 10
their consul or other officer, to determine if
E the language be proper and respectful, and the
matter just and right; in which event, he
shall transmit the Same to the appropriate au-
thorilies. for their consideration and action in
the premises. In like manner, if subjects of
China have special occasion 10 address tire
consul of the United States, they shall submit
the communication to the local authorities of
8 their owngovernment, to determine if the Ian
gnage be respectful and proper, and the mat
ter Just and right in which case thu said au-
thorities will transmit the same TO the consul
or other officer for his consideration and ac-
ton ia the premises. And if controversies a.
rise between citizens Of the United States
and subjects Of China, which cannot be ami
cably 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.
ARTICLE XIV. All questions in regard to
rights, whether of property or person, arising
between citizens of the United States in Chi
ma, shall be subject TO the jurisdiction, and
regulated by the authorities Of their own gov-
eminent; and all controversies occurring in
and the subjects Of any other government;
shall be regulated by the treaties existing be-
tween the United States and such governments
respectively, without interference on the part
Of China.
: ARTICLE XVI. Merchant vessels of the
United States, lying in the waters of The Ave
potts Of China open TO foreign commerce, will
be under the Jurisdiction of the officers of their
own government, who, with the masters and
owners thereof, will manage the same with
out control on the part Of China. For injuries
done TO the citizens or the commerce Of the
United States by any foreign power, the Chi
nese government will not hold itself bound 10
make repard;on. But If the merchant ves-
sells of the United States, while within the
waters over which the Chinese government
exercises jurisdiction, be plundered by robbers
or pirates. then the Chinese local authorities.
civil and military, on receiving information
thereof, will arrest the said robbers or pirates;
and punish them according to law, and will
!: cause all the property which can be recovefed
to be placed in the hands of the nearest con-
sui, or other officer of the United States, To-
6 be by him restored to the true owner. But if,
by reason Of the extent of territory and nume-
rous population of China, ii should, in any
/. case. happen that the robbers cannot be appfe-
hended, or the property only in part recovered
I, then the law will take its course in regard 10
the local authorities, but fhe Chinese govern
ment will not make indemnity fer the goods
lost.
ARTICLE XVII. IF any vessel of the United
g States shall be wrecked or stranded on the
coast of China; and be subjected 10 plumber OF
= other damage, the proper officers of govern
. ment, on receiving information Of the fact; will
:. Immediately adopt measures for their relief
= and security; and the persons on boatd shall
receive friendly treatment. and be enabled at
! once to repair TO the most convenient Of the
flee ports, and shall enjoy all facilities for OBJ
tanning supplies Of provisions and water: And
: if a vessel shall be forced, in whatever way.
to take refuge in any port other than one OF
:, The free ports then in like manner the persons
, on board shall receive friendly treatment and
the means of safety. and sec Irlty.
ri ARTICLE XVIII. Citizens of Tile United
II States, their vessels and property. shall not
RI be subject to any embargo not shall they be
Is seized or forcibIy detained for any pretence of
the public service; but they shall be suffered
;. to prosecute their commerce in quiet, and
% without molcstation or embarrassment.
y ARTICLE xxx. The local authorities Of Tire
, Chinese government will cause 10 be appfei
n heuded all mutineers or deserters from on
board the vessels of the United States IN Chis
70 na, and will deliver them up to the consuls or
a. otheg officers for punishment. And If crimI-