State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-12-18
the United States, the seventeen.
JAMES X. POLK.
by the PreSIuent
N. P. TRIsr, Acting Secretary Of Stare.

JAMES X. POLK.
BY the President
N. P. TRIsr, Acting Secretary Of Stare.
Treaty with The Chinese Empire, of Peace,
Amity and Commerce.
Concluded July Sd, IS44.
BY the President Of the United States of america;
a PROCLAMATION.
Whereas treaty peace, amity and com.
merce, between the United States of America
and the Ia TsIng Empire, was concluded and
gned at Wang Hya, on the third day of Ju>
ly one thousand eight hundred and forty. tour
which treaty is, word for word, as follows:
The United States e America and the la
Using En- pire, desiring To establish firm, last
ing 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 mutually observed
in the intercourse Of their respective countries:
for which most desirable object, the President
of the United States has conferred full powers
on their commissioner, Caleb Cushing, envoy
extraordinary and minister plenpotentary of
the United States to China and the August
Sovereign of the Ia Using empire, on his min
lister and commissioner extraordinary, Tsiy eng,
Of the imperial house. vice-glarcian of the
heir apparent, governor genera of the Two
KwaDgs, and superintendent general of the
trade and foreign intercourse ofthe Five Ports.
And the said commissioners, after having
exchanged their said full poweb, and duly con.
sldered the premises, have agreed to the fol.
lowing articles:
ARTICLE !.
There shall be perfect, permanent, and uni
versai Eeace, and sincere ard cordial amity,
between the United States of America on the
one rnrt, and The Ia Tsirg empire on the
other part. and between thar people, respec-
lively, without exception of persons or places.
ARTICLE 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. They shall in no case be subject to
other or higher nation whatever. Fees and
charges of every sort are wholly abolished /;
and officers of TIE revenue, who may be guilty
of exaclon. shall be punished according to the
laws Of China. Il the Chinese government de.
sire 10 modify in any respect the said tariff,
such modification shall be made only in consult
tatlon with consals or other fInclionares there's
10 duly authorized in behalf of the United
States, and with consent theieot. And if addi-
tional advantages or privileges, ofwhalever de-
scrption, be conceded hereafter by China to
any other nation, the United States, and the clt-
liens thereof, shall be entitled lhereupon to a
complete, equal and impartial participation in
the same.
ARTICLE III.
The citizens ofthe United States are per-
mitted 10 frequent the five ports of Kwanrcboy,
Annoy, Fuchow, Ningpo, and Shanghai and TO
reside with their families and trade there, and to
proceed dt pleasure with tbei vessels and mer-
chandlse to and from any foreign port and eth
er of the said five ports, and from either of the
said five ports TO any other of them. But said
vessels shall not unlawiuIy enter the other
ports of China, nor carry OIL clandestine and
fraudulent trade along the coasts thereof And
any vessel belonging TO citizen of the Utitcd
States which violates this provision, shall, with
her cargo, be subject to confscation to the
Chinese government.
ARTICLE ~. IS
For the superintendence and regulation of
the concerns OF citizens Of the I'm ted States
doing business at the said five ports the gov,
ernment of the United States may appoint con.
sus or other officers at the same, who shall be
duly recognised as such by the officers Of the
Chinese government, and shall hold official in.
tercourse and correspondence with the latter,
either personal or IN writing. as occasion NAV
require, on terms OF equality and reciprocal re-
spect. Ii disrcspeclfuliy treated or aggrieved
IN any way Ey the local authorities, sa id officers
on the one hand shall have the right to make
representation of The same to the superior off
GERS OF the Chinese government, who will see
that full inquiry and strict Justice be had IN The
premises f.; and on the other hand, the said con-
suls will carefully avoid oil acts of unneccessa-
ry offence TO, or collision with, the officers and
people OF China.
ARTICLE
Al each Of the said five ports, citizens of the
United States lawfully engaged in commerce
shall De permitted TO import from their own or
any other ports In China, and sell there, and
purchase therein, and export TO their own or
any other ports, all manner of merchandise, OF
which the importation or expectation is not
prohibited by this treaty, paying the duties
which are prescribed BY The tariff hereinbefore
established, and no other charges whatso.
ever.
ARTICLE vi. At-
Whenever any merchant vessel belonging to
the United States shall enter either of the said
hve ports tor trade, her papers shall be lodged
with the consul or person charged with affairs,
vino will report the same to the commissioner
OF customs and tonnage duty shall be paid on
said vessel, at the rate of five mace per ton, if
she be over one hundred and fifty tons burden;
and one mace per Ion, if she be of the burden
of one hundred aud fifty tons or under, Accord
ing to the amount Of her tonnage, as specified
in The register; said payment TO be in full of the
former charg Of measurement and other fees,
which are wholly abolished. And if any YES
sci, which having anchored at one of the said
ports, and there paid tonnage duty, shall have
occasion TO 60 to any other of the said ports to
complete the disposal of her cargo, the consul,
or person charged with affairs, will report the
same to the commissioner of customs, who, on
The departure of the said vessel, shall note in
the port clearance that the tonnage duties have
been paid, and report the same to the other Gus
tom houses IN which case, on entering anoih-
er port, the said vessel will only pay duty there
on her cargo, but shall not be subject to the
pa, ment of tonnage duty second time.
ARTICLE VII.
No tonnage duy shall be required OIL boais
belonging 10 citizens of the United States, en-
ployed in the conveyance Of passengers, bag.
gage, letters, and articles provision, or others
no, subject to duty, to or from any Of the five
ports. All car boats however, conveying
,ner ;handse subject to duty, shall pay the reg
ular tonnage duty of one mace per ton, provided
hox hal IS tba