Neutral flags.

Trade Reports.

Disputes.

Consuls control ships.

XXII. AMERIČAN SHIPS IN TIME OF WAR. RELATIONS of peace and amity between the United States and China being 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 should for that cause 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 to and from the ports of the belligerent ports, 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 enemy's service, nor shall said flag be fraudulently used to enable the enemy's ships with their cargoes to enter the ports of China: but all such vessels so offending shall be subject to forfeiture and confiscation to the Chinese government.

XXIII. TRADE REPORTS TO BE ANNUALLY MADE.

THE Consuls of the United States, at each of the five ports open to foreign trade, shall make annually to the respective governors-general thereof, a 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 of the Board of Revenue.

XXIV. SETTLEMENT OF DISPUTES.

Ir citizens of the United States have special occasion to address any communication to the Chinese local officers of government, they shall submit the same to their consul or other officer to determine if the language be proper and respectful, and the matter just and right; in which event, he shall transmit the same to the appropriate authorities for their consideration and action in the premises. In like manner, if subjects of China have special occasion to address the consul of the United States, they shall submit the communication to local authorities of their own government, to determine if the language be respectful and proper, and the matter just and right: in which case the said authorities will transmit the same to the consul or other officer for his consideration and action in the premises. And if controversies arise between citizens of the United States and subjects of China, which cannot be amicably 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.

XXV. AMERICANS TO SETTLE THEIR OWN CONTROVERSIES. ALL questions in regard to rights, whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction, and regulated by the authorities of their own government. And all controversies occurring in China between citizens of the United States and the subjects of any other government, shall be regulated by the treaties existing between the United States and such governments respectively, without interference on the part of China.

XXVI. CONSULS TO CONTROL SHIPS. PIRACIES.

MERCHANT vessels of the United States being in the waters of the five ports of China open to foreign commerce, will be under the jurisdiction of the offcers of their own government, who with the masters and owners thereof will manage the same without control on the part of China. For injuries done to

Piracies.

Shipwrecked crews.

Embargo.

Rendition of criminals.

the citizens or the commerce of the United States by any foreign power, the Chinese government will not hold itself bound to make reparation. But if the merchant vessels 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 recovered, to be placed in the hands of the nearest consul, or other officer of the United States, to be by him restored to the true owner. But if by reason of the extent of territory and numerous population of China, it shall in any case happen that the robbers cannot be apprehended, and the property only in part recovered, then the law will take its course in regard to the local authorities, but the Chinese government will not make indemnity for the goods lost.

XXVII. WRECKED SHIPS AND CREWS TO BE PROTECTED.

Ir any vessel of the United States shall be wrecked or stranded on the coast of China, and be subjected to plunder or other damage, the proper officers of government, on receiving information of the fact, will immediately adopt measures for their relief and security, and the persons on board shall receive friendly treatment, and be enabled to repair at once to the most convenient of the five ports, and enjoy all facilities for obtaining 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 five ports, then in like manner the persons on board shall receive friendly treatment, and the means of safety and security.

XXVIII. NO EMBARGO TO BE PUT ON AMERICAN SHIPS. CITIZENS of the United States, their vessels and property, shall not be subject to any embargo; nor shall they be seized or forcibly detained for any pretence of the public service, but they shall be suffered to prosecute their commerce in quiet, and without molestation or embarrassment.

XXIX. MUTINEERS AND CRIMINALS FLEEING FROM JUSTICE. THE local authorities of the Chinese government will cause to be apprehended all mutineers or deserters from on board the vessels of the United States in China, and will deliver them up to the consuls or other officers for punishment. And if criminals, subjects of China, take refuge in the houses or on board the vessels of citizens of the United States, they shall not be harbored or concealed, but shall be delivered up to justice, on due requisition by the Chinese local officers, addressed to those of the United States. The merchants, seamen, and other citizens of the United States shall be under the superintendence of the appropriate officers of their government. If individuals of either nation commit acts of violence and disorder, use arms to the injury of others, or create disturbances, endangering life, the officers of the two governments will exert themselves to enforce order, and to maintain the public peace by doing impartial justice in the premises.

XXX. MODE OF OFFICIAL COMMUNICATION PRESCRIBED.

THE superior authorities of the United States and of China, in corresponding together shall do so on terms of equality, and in the form of mutual communication (chau huui). The consuls and the local officers, civil and military, in corresponding together, shall likewise employ the style and form of mutual communication (chau huui); when inferior officers of the one government address superior officers of the other, they shall do so in the style and form of memorial (shin chin), Private individuals, in addressing superior officers,

Style of Address. Letters to court. Ships of war. Smuggling. Revision of Treaty. shall employ the style of petition (pin ching). In no case shall any terms or style be suffered which shall be offensive or disrespectful to either party. And it is agreed that no presents, under any pretext or form whatever, shall ever be demanded of the United States by China, or of China by the United States.

XXXI. COMMUNICATIONS FOR THE EMPEROR.

COMMUNICATIONS from the government of the United States to the court of China shall be transmitted through the medium of the imperial commissioner charged with the superintendence of the concerns of foreign nations with China, or through the governor-general of the Liang Kwáng, that of Min and Cheh, or that of the Liang Kiang.

XXXII. SHIPS OF WAR MAY VISIT ANY PORT.

WHENEVER ships of war of the United States, in cruising for the protection of the commerce of their country, shall arrive at any of the ports of China, the commanders of said ships, and the superior local authorities of government, shall hold intercourse together in terms of equality and courtesy in token of the friendly relations of their respective nations. And the said ships of war shall enjoy all suitable facilities on the part of the Chinese government in the purchase of provisions, procuring water, and making repairs if occasion requires.

XXXIII. CLANDESTINE TRAFFIC AND OPIUM DISALLOWED.

CITIZENS of the United States who shall attempt to trade clandestinely with such of the ports of China as are not open to foreign commerce, or who shall trade in opium or any other contraband article of merchandise, shall be subject to be dealt with by the Chinese government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the empire.

XXXIV. REVISION OF TREATY.

WHEN the present convention shall have been definitively concluded, it shall be obligatory on both powers, and its provisions shall not be altered without grave cause; but, inasmuch as the circumstances of the several ports of China open to foreign commerce are different, experience may show that inconsiderable modifications are requisite in those parts which relate to commerce and navigation; in which case the two governments will, at the expiration of twelve years from the date of the said convention, treat amicably concerning the same, by the means of suitable persons appointed to conduct such negotiation. And when ratified, this treaty shall be faithfully observed in all its parts by the United States and China, and by every citizen and subject of each. And no individual state of the United States can appoint or send a minister to China to call in question the provisions of the same.

IN faith whereof, we, the respective plenipotentiaries of the United States of America, and of the Tá Tsing Empire as aforesaid, have signed and sealed these presents. Done at Wánghia, this third day of July, in the year of our Lord Jesus Christ, one thousand eight hundred and forty-four, and of Táukwang, the twenty-fourth year, fifth month, and eighteenth day.

Coast off Canton.

Pilot boats. Price for piloting to Hongkong.

Section 3.

SHIPS ARRIVING AT WHAMPOA.

A ship, on making the islands off the mouth of the Canton river, will generally see in fine weather, a number of fishing-boats at some distance from the land. These are liable to be mistaken by strangers for pilot-boats, which in their competition for employment often come off five, ten or more miles. The fishing-boats may be distinguished, however, by observing that they are always in pairs, of large dimensions with broad sterns, and high out of the water; whereas the pilot's or comprador's boats are long and low, with short masts raking well aft, and will usually hoist a flag or a private signal to make themselves conspicuous to a foreign ship as soon as possible. On their approaching the ship in the SW. monsoon, sail should be reduced; and if they happen to miss, it is advisable, even when going six or seven knots, to reduce sail in preference to rounding the ship to, for the eddies and undertow (called chowchow water by the pilots) are often so very strong during the freshes, that when a ship heaves to, much time is lost in getting her head to the course again. On receiving one of these pilots on board, no anxiety should be shown to secure him, for they are cunning enough to demand from strangers much more than is usually given. The price which may be fairly paid him must be left to the commander's judgment, and the exigencies of the case. In ordinary weather, ten or twelve dollars may be considered a sufficient remuneration for his services for taking the ship into Macao Roads or to Hongkong, but at other times, thirty dollars may not be exorbitant. As soon as a vessel enters the latter port, she will be boarded by the harbor-master's boat, and directed where to anchor; but in going into Macao Roads there are no regulations of any kind.

After a ship has anchored in Macao Roads or in Hongkong, the captain makes such arrangements for proceeding up the river with his vessel as circumstances require. It is not often that a ship now proceeds from the coast directly to Whampoa without stopping, and therefore nothing need be said to the outside pilot about carrying her into the river, with which indeed he has no concern. His boat is however usually connected with the establishment of pilots on shore, and he will perhaps inquire when a river pilot is probably wanted. Formerly, it was necessary to apply a day beforehand for a pilot, who had to inform the sub-prefect at Casa Branca, that a foreign ship was about to proceed up the river, give in the particulars of her nation, cargo, armament, &c., and obtain a permit. At present, he goes on board when he is wanted. The rates of pilotage were formerly fixed at $60 for every vessel, whatever might be her size, to be paid when application was made. The establish

Pilot establishments.

Rates of pilotage.

Bogue Report.

ment then consisted of 22 head pilots, each of whom paid upwards of $600 for the station, and was made answerable for the character of the ships he conducted up the river, that no men-of-war were smuggled in, nor any obnoxious persons or women on board. There are now 20 head pilots, who are distributed at Canton, Macao, and Hongkong, at the pilot-offices in those places, and who have the whole business, equally dividing their receipts among the three offices. The authorities at Canton issued a public notice in Aug. 1843, allowing any fisherman to act as a pilot to a foreign ship, in the same manner as the old regularly licensed pilots, provided he was furnished with a pass. The British superintendent of trade at the same time also issued a Notification, requesting masters of vessels to furnish such pilots as they found to be capable with a certificate; three of these certificates were to entitle the pilot to a license, which is now furnished by the harbor-masters at Hongkong and Macao.

The rates of pilotage are fixed at 5 cents per register ton, and the pilot is paid after the ship is anchored at Whampoa. Before she proceeds up the river, it is necessary to obtain a Bogue Report, from the consul or consular agent, stating the name, nation, &c., which is handed in at the Bogue, and thence forwarded to the hoppo's office at Canton. The entrance of the Pearl river at the Bogue is considered to form the limit of the port of Canton; it is about 45 miles from the city. The following is the form of the report in English and Chinese :----

I (Richard Roe), master of the (British) ship (John Doe), hereby declare that I have arrived from Hongkong with a general cargo, and am now proceeding with the same to Whampoa.

Given in at the Custom-house station, island of North Wangtong, this 26th day of March, 1856, at 2 o'clock.

十日未刻報單
咸豐六年二月

過虎門關口報單

單月

合門香載船國

N. B. The master of every ship is requested to be particular in noting down the time correctly when this report is handed in ; he is also requested to procure a duplicate of the Chinese characters employed to write his own name, and the name of his ship, in order that he may present the same at the Consulate to prevent confusion in the characters used to represent the English names.