Year: 1860

the public peace by doing impartial justice in the
premises.


ARTICLE XIX. Whenever merchant vessel be
longing TO the United States shall cast anchor in
either of the said ports, the supercargo, MASTER or
consgnee, SMALL within forty eight hours, deposit
the ships papers in the hands of the consul or per
sons charged with his functions, who shall cause
IN be communicated to the superintendent of Gus
toms true report Of the name and tonnage of
such vessel the number of her crew, and the natur
ofher cargo, which being done he shall give per
init for her discharge. And the master, supercar-
go, or consignee, il he proceed to discharge the
cargo without such permit, shall incur fine of
five hundred dollars, and the goods so discharged
without permit shall be subject TO forfeiture to the
Chinese government. But if master OF any YES
sci in port desire to discharge a part only of the
cargo, it shall be lawful for him TO do so, paying
duty on such part only, and to proceed with the
remainder to any other ports. Or, If the master
so DESIRE he may, within forty. eight hours after
the arrival of the vessel, but not later, decide to
depart without breaking bulk; in which case he
shall not be subject TO pay tonnage or other duties
charges until, on his arrival at another port he
shall proceed to discharge cargo, when he shall
pay the duties on vessel and cargo, according to
law. And the tonnage duties shall be held due
after the expiration of the said forty-eight hours
In case OF the absence of the consul or person
charged with his functions, the captain or super
cargo of the vessel may have recourse to the con-
sui of friendly power, Or if he please, directly to
| the superintendent of customs, who shall do all
| that is required TO conduct the ships business.
ARTICLE Xxx. The Superintendent Of customs,
in order to collection of the proper duties, shall on
application made to him through the consul, APP
point suitable officers, who shall proceed. in the
presence of the captain, supercargo, or consgnee,
| TO make just and fair examination of all goods
in the act of being discharged for importation or
! laden tpr q Y n hoard merchant
sci OF the United States. And il disputes occur in
regard to the value of goods subject to ad vaorem
duty, or in regard to the amount of tare, and the
same cannot be satisfactorily arranged by the par.
ties, the question may, within twenty four hours,
and not afterwards, be referred to the said consul
to adjust with the superintendent OF customs
ARTICLE XXI. Citizens of the United States
who may have imported merchandise into any of
the free ports of China, and paid the duty thereon
II they desire to reexport the same in part or in
whole to any other OF the said orts snail be ent
tied to make application, through their consul, to
! the superintendent of CUSTOMS who, in order SO
| PREVENT fraud on the revenue, shall cause examn
alton to be made, by suitable officers, to that
the duties paid such goods as entered on the
custom house books correspond with the ieprescn
tation made, and that the goods remain with their
original marks unnhanged, and shall then make a
memorandum in the port clearance of the goods
and the amount of duties paid on the same, and
deliver the same to 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 examination there,
to correspond she shall be permitted to break
bulk and land The said goods without being subject
| to the payment of any additional duty thereon
But if, on such examination, the superintendent of
ustoms shall detect any fraud on the revinue in the
case then the goods shall be subject to forfeiture
and confscaton to the Chinese government
Foreign grain or rice brought into any port of
China in ship of the United States, and not land
ed may be reexported without hndrance.


ARTICLE XXI. The tonnage duty on vessels of
of the United States shall be paid on their being
admitted to entry. Duties of import shall be
paid on the discharge of the goods; and duties of
export on the ladng Of the same. When all such
duties shall have been paid, and not before, the
collector of customs shall give port clearance,
aud the cousul shall return the ships papers. The
The duties shall be paid to the shroiis authorized
| by the Chinese government to receive the same
Duties shall be paid and received, either in tyce
silver or in foreign money, at the of the day. If
= the consul permits ship to leave the port before
the duties and tonnage dues are paid, he shall be
held responsible therefor.


ARTICLE XIII. When goods on board any
merchant vessel of the United States in port re-
quire to be transhipped to another vessel, appica
|
fly what is the occasion therefor to the supernten
dent of customs, who may appoint officers to ex-
anime into the facts aud permit the transhipment.
| And if any goods be transhipped without written
permits they shall be subject to be forfeited to the
Chinese government.


ARTICLE XIV. Where there are debts due by
subjects of China to citizens Of the Unitad States,
the latter may seek redress in law; and, on suit
able representation being made to the local author
tiles, through the consul, they will cause due ex-
animation in the premises, and take proper stes to
compel satisfaction. And if citizens Of the Uni
ted States be indebted to subjects of China, the
latter may seek redress by representation through
the sunsul or by suit in the consular court; but
neither government will hold itself responsible for
such debts.


ARTICLE XIV. 1t shall be lawful for the Off
GERS or citizens of the United States to employ
scholars and people of any part of China, with ut
distinction Of persons, to teace any OF the anguag
es of the empire, and to assist in literary lab0rs
and the persons so employed shall not for that
cause be subject to any injury on the part either of
the government Or of individuals; and it shall in
like manner be lawful for citizens of the United
States to purchase all manner OF books in China.
Al ARTICLE xxi. Relations of peace and amity
between the United States and China being estab-


ished by this treaty, and the vessels of the United
States being admitted to trade freely to and from
the ports OF China open to foreign commerce. it is
further agreed that, in case any time hereafter
China should be at war with vny foreign nation
whatever, and should for that cause exclude such
nation from entering her ports, still the vessels OF
the United Suites shall not the less continue to
pursue their commerce in freedom and security,
and to transport goods to and from the ports of the
beligerent powers, full respect being paid to the
neutrality af the flag of the United States provi-
ded that the said flag shall not protect vessels en-
gagged in the transportation of officers or soldiers
in the enemy's service, nor shall said flag be fraud
: ulently used to enable the enemy's ships, with
their cargoes, to enter the parts OF China; but all
such vessels SO offending shall be subject to FOR.
TEXTURE and contScatiOn to the Chinese govern.
ment.


ARTlDLE XVIII. All questions in regard to
rights, whether ofproperty or person, arising be
tween citizens ofthe United States in China, shal
be subject to the jurisdiction and regulated by the
authorities of their own government; and all con
troyersies occurring in China etween citizens o.
the United States and the subjects of any Other
government shall be regulated by the treaties ex
listing between The United States and such gov
ernments, respectively, without interference OF
the part Of China.


ARrIDLE XVIII. If citizens of the United
States have special occasion to address any com
munication to the Chinese local officers of govern
ment, they shall submit the same to their consu
or other officer, to determine if the language bt
proper and respectful, and the matter Just and rgh
IN which event he shall transmit the same to the
appropriate authorities for their consideration ant
action IN the premises. If subjects of China have
occasion to address the consul Of the United State
thev NAV address him directIv nj tho ama tim,