, 1861-04-12

Laws Of the United States.
NO 2sl

Tur AUrnoaIrr.l
mo. 9sj
Treaty q Pssce. Amlty, and Commerce, between the
II1IIt1 % America and China. Concluded at Tent |
ln June IS ls5s. Ratified BY the United States, |
Dcctnhcr n, ls5a and proclaimed BY the President
of he United States. January 16, lsd0.
BY The PRESIDENT OF THE UNITED STATES |
OF AMERICA:
fconcadsdl
Anuctn XII. II any vessel Of NE United States
b. UrtckeG or stranded on the coast OF China, aud Be
InstI1d 10 plonder or other damage. the proper OH
Ger. Of government, receiving Information OF the
hcl shall immediately adopt measures for its relief
ana security; de persons on board shall receive
ondly troanont and Be enabled TO repair a. once TO
tho nelrei po, and shall enjoy all faeilites for OBJ
taning supplies Of provisions aud water. II the mer
chant vessels u The United States, while within the
waters over which The Chinese government exercises
Jurisdiction. bo plundelcd BY robbers plrates, then
tho Chinese local aufhoritcs, civil and military re-
crIvIn1 inIomat0n theroof shall arcsi the said rob
bofs pirates and punish them according 70 law, and
l1a cadse az the property which can be recovered 70
b. rclolel 70 The owners placed In the hands oi the
consul ~ by Of tie extent Of Territory and
numcrons population of China, Il shall Ia any ease
happen thai lhe robbers cannot he apprehended, and
see pToP,5 2ay 70 pa, recovered she oslness go,
but Il il shall be proved that the local authorities have
h1cn 10 cousion with the robbcrs. ihe shall be
eemmaHlea,sd Q The superior suhoHtes ior % memoT
punished and their property Be eonhscAted to repay
Aerscrr XIV. Tho citizens Of the United States
are permitted % frequent The ports and cities Of Can
ton and Chau-chau or Swatau, IN the province OF
kvang-long. Annoy. fuh-chau and Tal-wan, in For
nos, In he province Of Feh.kien, Hingpo. in the
province nl Cheh-kiang. and Shanghai, IN the prov
ince ol kianes, and other port place hereafter BY
treaty with oihff powers or with tho United States
opgnod p commerce, and 70 reside with their families
and trade there, and % proceed al pleasure with their
vessels and merchandise from any Of these ports 70
any other Of them. Dnt said vessels shall not cauy
clandeslne and fraudulent tnde al other ports u
fhcrcof and any vessel under the American nAg vio-
l1nr his provision shall. with her cargo be subject
- condseatlon % The Chinese government; and any
citizen Of he United States who shall trade IN any
ctuinh1nd article Of merchandise shall be subject 70
Be dealt with W The Chinese government. without be-
Ing entitled % any counlenanoo protection from
that Of tho United States; and the United States will
hJ the ccis q other nations cover for the vio-
lallon Of The laws Of the Empire.
AErlcLE XV. Al each Of me porrs open 10 com.
elco. citizens ol the United States shall be permitted
y import ilom abroad and sell purchase, and export
an merchandise Of which The Importation or exporta.
TIN = not prohibited BY ne laws Of The Empire. The
teii oI duties % be Paid By citizens of The United
State, on The export and Import Of goods from and
into China, shall be NO same a. was agreed upon at
moalel by treaties with other nations II being ex-
rrc1 a1rttd that ciizeus Of the United States shall
mover pay higher duties than those paid By the most
ArrIcLg XVI. Tonnage duties shah Be paId oo
every merchant vessel belonging 10 the United States
entering either Of the open ports at the rate Of four
mace pll tqn Of forty cubic feet, II she be over
hn1drtd and lily tons burden and one mace per ton
Of dlf cuhc icct II she be Of the burden Of one hun
drtd and any tons under according 10 the tonnage
specified % he register; which, with her other papers
ana On her arrival. be lodged with the consul. who
--.u luori TIE sane 70 the Commissioner Of customs
And iI my vessel having paid tonnage duty at one
port shall 20 to All, other port to complete he dispo
al Of ef cargo, or being IN ballast % purchase an
eni'Ie' % m up an lncompeie cargo, The consul shall
report t1r SINE % The commissioner OF customs, who
ll1I nlo % The rort clearance that the tonnage d.
tts have been paid, and repon the circumstance to
t1o coIestr. at re Other custom houses; in which
and pot Be charged with TONNAGE duty a second time
The cn1cnfa u cu.lom' At tho open rolts shall con-
lgAtlon,es. aud aherc bnoJ1 and llghtships should
krTicfr XVII Citizens o. the Unied States shall
he allowed 2 neese ne,' 70 take their vessels into
lake them ont a. port. i shall BE- lawful ior them
l|1l q pleasure servants. compfadcrrs ingisti VII
ters hoocrs .lnen. and persons for whatever ncces
aiY erfce Win passage or cargo boats, for reason
able Compensation % be agreed upon By the parties
or determined BY the consul
A1icls XVII. Whenever merchant vessels Of
the United States shall enter pot, the collector II
cn.t1m1 s'an. n he ft, appoint cnstomhonse on
Ger. ra.Il said vessels, who may live on board the
.A'n or their own hoat. At their convenience; The
70 be appIhendel all muineera or dcseriers from on
b1aId Tie resssa Of the United states II China, on
beag Informed BY the consul, and viii deliver them
un 10 Ihe confnli other oceI Cor punishment And
n cdnIdaa. subjects o. China take refuge IN the
hna.s or On board he vessels Of citizens OF the Uni
ted STATES they shat not Be harbored concealed
bat shall be delivered up 70 justice on due requsition
ly fhe Chinese local oucr addressed to those Of The
United States The merchants. soarnen, and other cit
renI oi The uulied stales shall be under he sapern
mrnt II individuals of either nation commit acts Of
foeuce disorder, arms 70 the injury Of others
q rcreaie disturbances endaneering ie the officers o
orl1 and o maintain The publie peace, by doing i'm
partial justice in the premises
Anricln XIX. Whenever merchant vessel be
longlns - the United States shall anchor in either
OF the slIl por The aupercargo master or consrnee
shall, within iorigeighi hours. deposit az ships "a
per IN the hands of The consul person charged with
his iuncilpns Who shall canse 70 be communicated L
name and tsunage Of such vessel, The nanber Of hei
crlw, aud the nature ~ her cargo. which being done
be shall give permit for her discharge. And the
master, supcrcargo consignce 4 he proceed to dis
charge The cargo without such permit. shall incur
hna o tFe huudfcd doaf and The goods 80 discharg-
td uIItout permit shall be subject 10 forfeiture to the
Chimes government But II a master Of any vessel
a pot desire % discharge part only Of the cargo il
shlI be lawful for him 70 do So paying duty on snch
part only and 70 proceed with the remainder 10 any
ether los Or y ne master 50 desire, he may, with
not later, decide b depart without breaking bulk in
which case be shall nut be subject 70 pay tonnage or
uIINf uuIri Or cN1IC1 uni. on bis arrival al another
port. be shali proceed TO discharge cargo when he
fl pay The duties On vessel and cargo according 10
Law. Add The tannage duties shall be held due after
The expiration Of the said ioriyeieht hours In ense
81 The 4hnce Of the consul or person charged with
bis lancons the captain super cargo or the vessel
may have recourle 70 The consul Of friendly power
Or be please. directly 70 the superinte1dent of Gus
toms, Who shall do all thai i reqained 70 conduct the
ships business
AnrlcAE Xxx The superintendent of customs, 10
order 70 The collection Of the proper duties shall on
application made 70 him through the consul appoint
liatt pacer, who shall proceed in the presence OF
lHl captain. enpefcargn or consignee. 70 make Just
ans fair examination Of al goods In the act OF being
dsllaIgo1 Tor importation or laden for expectation on
bard any merchant vessel Of the United States nd
1sputas occur IN regard TO the value OF goods sub
jet % l galprem duty, in regard 10 the amount Of
iae. and he sane cannot be satisfactorily arranged
1J me parties. The question may within twenty four
hol a1d not aiiefEards, be referred to the said con
1u . ADJUST ul1l tie superintendent Of eustOms
An1IcIE AAI. Cilzena Of the United States who
may have imported merchandise into any Of the free
poIt Of China. and paid de dnly thereon II they de-
rre @ Ieexpori tbe same in part or in whole 10 any
other q ne ead ports, shall Be entitled 70 make al
rlaton, through their consul 70 the superutendent
81 clstoms. uho IN order 20 prevent mud on ne rev
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