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The present treaty shall be in Le présent traité sera en vi. This treaty to force during ten years from the gueur pendant dix ans, à dater morco con

ne gueur pendant dix ans, a later years. date of the exchange of the du jour de l'echange des ratiratificiions, and until the ex. fications,et au delà de ce terme, piration of twelve months after jusqu'à l'expiration de douze either of the high cootracting mois après que l'une des hautes parties shall have announced parties contractantes aura anto the other its intention to ter- noncé à l'autre son intention minate the operation thereof; d'en faire cesser les effets : each party reserving to itself chacune d'elles se réservant le the right of making such de droit de faire à l'autre une telle claration 10 tlie other, at the déclaration à l'expiration des end of the ten years above- dix ans susmentionnés; et il mentioned; and it is agreed, est convenu, qu'après les douze that after the expiration of the mois de prolongation accordès twelve months of prolonga de part et d'autre, ce traité et tion accorded on both sides, toutes les stipulations qu'il renthis treaty and all its stipula ferine cesseront d'être obligations shall cease to be in force. toires.

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This treaty shall be ratified Ce traité sera ratifié et les Treaty to and the ratifications shall be ratifications seront échangées ifications ex. exchanged at Washington, à Washington, dans le terme changed within

six months, within the term of six months de six mois après sa date, ou after its date, or sooner if pos- plutôt si faire se peut, et le sible; and the treaty shall be iraité sera mis à exécution put in execution within the dans le terme de douze mois. term of twelve months.

En foi de quoi, les plenipo- Signed Nov. 10, In faith whereof, the respec- tentiaires respectifs ont signé 1845. tive plenipotentiaries have sign- le présent traité par duplicata, ed the present treaty, in depli. et y ont apposé leur sceau, à cate, and have affixed thereto Bruxelles, le dix Novembre, their seals. Brussels, the tenih mil huit cent quarante-cinq. of November, eighteen hundred and forty-five. (L. s.] Thos. G. CLEMSON. (L. s.) A. DeCHAMPS. (L. S.] A, DECHAMPS. [L. 8. Thos. G. CLEMSON.

And whereas the said Treaty has been duly ratified on both , Ratifications

"changed March parts, and the respective ratifications of the same were ex-30, 1846. changed at Washington, on the thirtieth day of March, one thousand eight hundred and forty-six, by James Buchanan, Secretary of State of the United States, and N. A. Beaulieu, Minister Resident of his Majesty, the King of the Belgians to the Government of the United States, on the part of their respective Governments :

Treaty, pro Now, THEREFORE, BE IT KNOWN, that I, JAMES K. claimed March 31, 1846. POLK, President of the United States of America, have caused

the said treaty to be made public, to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

IN WITNESS WHEREOF, I have hereunto set my hand, anı caused the seal of the United States to be affixed.

Done at the city of Washington, this thirty-first day of March

in the year of our Lord, one thousand eight hundre [scal.) and forty-six, and of the independence of the Unite States, the seventieth.

JAMES K. POLK. By the President:

N. P. TRIST, Acting Secretary of State.

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TREATY WITH THE CHINESE EMPIRE, OF PEACE, AMITY AND

COMMERCE.

1846.

CONCLUDED JULY 3D, 1844.

By the President of the United States of America.

A PROCLAMATION.

Whereas a treaty of peace, amity, and commerce, between Treaty with the United States of America and the Ta Tsing Empire, was China, July 3, concluded and signed at Wang Hiya, on the third day of July, one thousand eight hundred and forty-four; which treaty is, word for word, as follows:

THE UNITED STATES OF AMERICA AND THE TA TSING EMPIRE,

Desiring to establish firm, lasting and sincere friendship be- Preamble. tween the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace, amily, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective coun: tries : for which most desirable object, the President of the Uni. Negotiators. ted States has conferred full powers on their commissioner, Caleb Cushing, envoy extraordinarò and minister plenipotentiary of the United States to China : and the August Sovereign of the Ta Tsing empire, on his minister and commissioner extraordinary, Tsiyeng, of the Imperial house, a vice-guardian of the heir apparent, governor general of the Two Kwangs, and superintendent general of the trade and foreign intercourse of And the said commissioners, after having exchanged their said

powers, and duly considered the premises, have agreed to the following artieles :

the Five Ports.

full

ARTICLE I.

There shall be perfect, permanent, and universal peace, and a Peace & friendsincere and cordial amily, between the United States of Amer. ship to prevail. Ica on the one part, and the Ta Tsing empire on the other part, and between their people, respectively, without exception of persons or places.

ARTICLE II.

Citizeng of U.

Citizens of the United States resorting to China for the pur- s. ioz payocer: poses of commerce, will pay the duties of import and export iain duties.

ished.

prescribed in the tariff, which is fixed by and made a part of ibis treaty. They shall in no case be subject to other or higher

duties than are or shall be required of the people of any other Fees & charges nation whatever. Fees and charges of every sort are wholly abondhed, and abolished : and officers of the revenue, who may be guilty of exaction pun.abonisieu ; un

exaction, shall be punished according to the laws of China. If

the Chinese government desire to modify in any respect the Modifications of

witteliow said tariff, such modifications shall be made only in consulta. made.

tion with consuls or other functionaries thereto duly authorized in behalf of the United States, and with consent thereof. And if additional advantages or privileges, of whatever deseription, be conceded hereafter by China to any other nation, the United States, and the citizens thereof, shall be entitled thereupon to a complete, equal and impartial participation in the same.

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Five ports es. The citizens of the United States are permitted to frequent tablished.

the five ports of Kwangchow, Amoy, Fuchow, Ningpo, and Shanghai, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise to and from any foreign port and either of the said five ports, and from

either of the said five ports to any other of them. But said Vessels not to vessels shall not unlawfully enter the other ports of China, nor enter unlawful. lu**Chinese carry on a clandestine and fraudulent trade along the coasts ports, nor carry thereof. And any vessel belonging to a citizen of the United

stine States which violates this provision, shall, with her cargo; be

subject to confiscation to the Chinese government.

on clandest trade.

ARTICLE IV.

For the superintendence and regulation of the concerns of V. S. may ap. citizens of the United States doing business at the said five point consuls.

ports, the government of the United States may appoint consuls or other officers at the same, who shall be duly recognised as such by the officers of the Chinese government, and shall hold official intercourse and correspondence with the latter, either personal or in writing, as occasion may require, on terms of

equality and reciprocal respect. If disrespectfully created or Privileges of aggrieved in any way by the local authorities, said officers on

the one 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 premi. ses; 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.

consuls.

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At each of the said five ports, citizens of the United States Citizens of U.

S. may import lawfully engaged in commerce shall be permitted to import and export at from their own or any other ports into China, and sell there, either of the

five ports. and purchase therein, and export to their own or any other" ports, all manner of merchandise, of which the importation or exportation is not prohibited by this treaty, paying the duties which are prescribed by the tariff hereinbefore established, and no other charges whatsoever.

ARTICLE VI.

Whenever any merchant vessel belonging to the United U.S. vessels States shall enter either of the said five ports for trade, her pa- entering ports pers shall be lodged with the consul or person charged with af- lodge her paa

of China shall fairs, who will report the same to the commissioner of clistoms; pers with the 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 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 measurement and other fees, which are wholly abolished. And if any vessel, which having anchored Tonnage duties at one of the said ports, and there paid tonnage duty, shall have occasion to go 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 custom houses; in which case, on entering another port, the said vessel will only pay duty there on her cargo, but shall not be subject to the payment of tonnage duty a second time.

ARTICLE VII.

No tonnage duty shall be required on boats belonging to citi. Boats of U. 8. zens of the United States, employed in the conveyance of pas, sengers, provi.

carrying pansengers, baggage, letters, and articles of provision, or others not sions, &c. not subject to duty, to or from any of the five ports. All cargo boats, duties.

note to pay tonnage however, sonveying merchandise subject to duty, shall pay the regular tonnage duty of one mace per ton, provided they be. long to citizens of the United States, but not if hired by them from subjects of China.

ARTICLE VIII.

Citizens of the United States, for their vessels bound in, shall Citizens of U.S. be allowed to engage pilots, who will report said vessels at the lots for thoir

may engage pia passes, and take them into port; and, when the lawful duties vessele.

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