TREATY BETWEEN THE UNITED STATES AND CHINA,
247
communication. If the officers of either nation are disrespectfully treated, or aggrieved in any way by the other auth rities, they have the right to make representation of the same to the superior officer of the respective Governments, who shal see that full inquiry and strict justice shall be had in the premises. And the said Consul and agents shall carefully avoid all acts of offence to the officers and people of China. On the arrival of a Consul duly accredited at any port in China, it s all be the duty of the Minister of the United States to notify the same to the Governor-General of the province where such port is, who shall forth with recognize the said Consul and grant him authority to act.
Art. XI.—All citizens of the United States of America in China, peaceably attending to their affairs, being placed on a comm n footing of amity and good will with subjects of China, shal receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of Government, who shall defend them from all insult or injury of any sort. If their dwellings or property be threatened or attacked by mobs, incen·liaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately despatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigour of the law. Subjects of China guilty of any criminal act towards citizens of the United States shall be punished by the Chinese authorities according to the laws of China, and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of Chinese, or commit any other improper act in China, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws ofthe United States. Arrest in order to trial may be made by either the Chinese or the United Sta'es authorities.
Art. XII.-Citizens of the United States, residing or sojourning at any of the ports open to foreign commerce, shall be permitted to rent houses and places of business, or hire sits on which they can themselves build houses or hospitals, churches, and cemeteries. The parties interested can fix the rents by mutual and equitable agreement; the proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, unless there be some objectious offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be paid. The citizens of the United States shall not unr asonably insist on particular spots, but each party shall conduct thems lves with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according to the law. At the places where the ships of the United States anchor, or their citizens reside, the merchants, seamen, or others can freely pass and repass in the immediate neighbourhood; but in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue.
Art. XIII.-If any vessel of the United States be wrecked or stranded on the coast of China and be subjected to plunder or other damage, the proper officers of the Government, on receiving information of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtaining supplies of provisions and water. If the merchant vessels of the United States, while within the waters over which the Chinese Government exercises jurisdiction, be lun lered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereof, shall arrest the said robbers or pirates, and punish them according ‘o law, and shall cause all the property which can be recovered to be restored to the owners, or placed in the hands of the Consul. If, by reason of the extent of territory and numerous population of C. ins, it shall in any cas happen that the robbers cannot be apprehended, and the property only in part recovered, the Chinese Gov rnment shall not make indemnity or the goods lost; but if it shall be proved that the local authorities bave been in collusion with the robbers, the same shall be communicated to the superior authorities for memorializing the Throne, and these officers shall be severely punished and their property be confiscated to repay the losses.
+