Appendix.
Treaty between
the King of Siam and the East India
Company.
[ 26 ]
(5.)
COPY of a TREATY between the King of Siam and the East India Company.
Art. 1. THE English and Siamese engage in friendship, love, and affection, with mutual truth, sincerity, and candour. The Siamese must not meditate or commit evil so as to molest the English in any manner; the English must not meditate or commit evil so as to molest the Siamese in any manner. The Siamese must not go and molest, attack, disturb, seize, or take any place, territory, or boundary, belonging to the English, in any country subject to the English; the English must not go and molest, attack, disturb, seize, or take any place, territory, or boundary belonging to the Siamese, in any country subject to the Siamese.
The Siamese shall settle every matter within the Siamese boundaries according to their own will and customs.
Art. 2. Should any place or country, subject to the English, do anything that may offend the Siamese, the Siamese shall not go and injure such place and country, but first report the matter to the English, who will examine into it with truth and sincerity; and if the fault lie with the English, the English shall punish according to the fault. Should any place or country, subject to the Siamese, do anything that may offend the English, the English shall not go and injure such place or country, but first report the matter to the Siamese, who will examine into it with truth and sincerity; and if the fault lie with the Siamese, the Siamese shall punish according to the fault.
Should any Siamese place or country, that is near an English country, collect at any time an army or a fleet of boats, if the chief of the English country inquire the object of such force, the chief of the Siamese country must declare it. Should any English place or country, that is near a Siamese country, collect at any time an army or a fleet of boats, if the chief of the Siamese country inquire the object of such force, the chief of the English country must declare it.
Art. 3. In places and countries belonging to the Siamese and English, lying near their mutual borders, whether to the east, west, north, or south, if the English entertain a doubt as to any boundary that has not been ascertained, the chief on the side of the English must send a letter, with some men and people from his frontier posts, to go and inquire from the nearest Siamese chief, who shall depute some of his officers and people from his frontier posts to go with the men belonging to the English chief, and point out and settle the mutual boundaries, so that they may be ascertained on both sides in a friendly manner.
If a Siamese chief entertain a doubt as to any boundary that has not been ascertained, the chief on the side of the Siamese must send a letter, with some men and people from his frontier posts, to go and inquire from the nearest English chief, who shall depute some of his officers and people from his frontier posts to go with the men belonging to the Siamese chief and point out and settle the mutual boundaries, so that they may be ascertained on both sides in a friendly manner.
Art. 4. Should any Siamese subject go and live within the boundaries of the English, the Siamese must not intrude, enter, seize, or take such person within the English boundaries, but must report and ask for him in a proper manner, and the English shall be at liberty to deliver the party or not. Should any English subject remove, and go and live within the boundaries of the Siamese, the English must not intrude, enter, seize, or take such person within the Siamese boundaries, but must report and ask for him in a proper manner, and the Siamese shall be at liberty to deliver the party or not.
Art. 5. The English and Siamese having concluded a treaty, establishing a sincere friendship between them, merchants, subjects to the English, and their ships, junks, and boats, may have intercourse and trade with any Siamese country which has much merchandise, and the Siamese will aid and protect them, and permit them to buy and sell with facility. Merchants, subject to the Siamese, and their boats, junks, and ships, may have intercourse and trade with any English country, and the English will aid and protect them, and permit them to buy and sell with facility.
The Siamese desiring to go to an English country, or the English desiring to go to a Siamese country, must conform to the customs of the place or country on either side; should they be ignorant of the customs, the Siamese or English officers must explain them. Siamese subjects who visit an English country must conduct themselves according to the established laws of the English country in every particular. English subjects who visit a Siamese country must conduct themselves according to the established laws of the Siamese country in every particular.
Art. 6. Merchants, subject to the Siamese or English, going to trade, either in Bengal, or in any country subject to the English, or at Bankok, or in any country subject to the Siamese, must pay the duties upon commerce, according to the customs of the place or country on either side; and such merchants, and the inhabitants of the country, shall be allowed to buy and sell without the intervention of other persons in such countries. Should a Siamese or English merchant have any complaint or suit, he must complain to the officers and governors on either side, and they will examine and settle the same according to the established laws of the place or country on either side.
If a Siamese or English merchant buy or sell without inquiring and ascertaining whether the seller or buyer be of bad or good character, and if he meet with a bad man who takes the property and absconds, the rulers and officers must make search and produce the person of the absconder and investigate the matter with sincerity. If the party possess money or property he can be made to pay; but if they do not possess any, or if they cannot be apprehended, it will be the merchant's own fault.
[ 27 ]
Art. 7. A merchant, subject to the Siamese or English, going to trade in any English or Siamese country, and applying to build godowns and houses, or to buy or hire shops or houses in which to place his merchandise, the Siamese or English officers and rulers shall be at liberty to deny him permission to stay. If they permit him to stay, he shall land and take up his residence according to such terms as may be mutually agreed on; and the Siamese or English officers and rulers will assist and take proper care of him, preventing the inhabitants of the country from oppressing him, and preventing him from oppressing the inhabitants of the country.
Whenever a Siamese or English merchant or subject, who has nothing to detain him, requests permission to leave the country and to embark with his property on board of any vessel, he shall be allowed to do so with facility.
Art. 8. If a merchant desire to go and trade in any place or country, belonging to the English or Siamese, and his ship, boat, junk meet with any injury whatever, the English or Siamese officers shall afford adequate assistance and protection: should any vessel belonging to the Siamese or English be wrecked in any place or country where the English or Siamese may collect any of the property belonging to such vessel, the English or Siamese officers shall make proper inquiry and cause the property to be restored to its owner, or in case of his death, to his heirs, &c.; the owner or heir will give a proper remuneration to persons who may have collected the property. If any Siamese or English subject die in any English or Siamese country, whatever property he may leave shall be delivered to his heir; if the heir be not living in the same country and unable to come, he may appoint a person, by letter, to receive the property, and the whole of it shall be delivered to such person.
Art. 9. Merchants, subject to the English, desiring to come and trade in any Siamese country, with which it has not been the custom to have trade and intercourse, must first go and inquire of the governor of the country; should any country have no merchandise, the governor shall inform the ship that has come to trade, that there is none.
Should any country have merchandise sufficient for a ship, the governor shall allow her to come and trade.
Art. 10. The English and Siamese mutually agree that there shall be an unrestricted trade between them, in the English countries of Prince of Wales Island, Malacca, and Singapore, and the Siamese countries of Ligore, Merdilous, Singora, Patani, Junkceylon, Quedah, and other Siamese provinces.
Asiatic merchants of the English countries, not being Burmese Peguers, or descendants of Europeans, shall be allowed to trade freely, overland and by means of rivers.
Asiatic merchants, not being Burmese Peguers, or descendants of Europeans, desiring to enter into and trade with the Siamese dominions, from the countries of Mergui, Tavay, Tenasserim, and Ye, which are now subject to the English, will be allowed to do so freely, overland and by water, upon the English furnishing them with certificates.
But merchants are forbidden to bring opium, which is positively a contraband article in the territories of Siam; and should a merchant introduce any, the governor shall seize him and destroy the whole of it.
Art. 11. If any Englishman desire to transmit a letter to any person in a Siamese or other country, such person only, and no other, shall open and look into the letter.
Art. 12. Siam shall not go and obstruct or interrupt commerce in the states of Tringanu and Calantan; English merchants and subjects shall have trade and intercourse, in future, with the same facility and freedom as they have heretofore had, and the English shall not go and molest, attack, or disturb those states upon any pretence whatever.
Art. 13. The Siamese engage to the English, that the Siamese shall remain in Quedah, and take proper care of that country and of its people. The inhabitants of Prince of Wales Island and of Quedah shall have trade and intercourse as heretofore; the Siamese shall levy no duty upon stock and provisions, such as cattle, buffaloes, poultry, fish, paddy, and rice, which the inhabitants of Prince of Wales Island, or ships there may have occasion to purchase in Quedah, but shall levy fair and proper import and export duties.
The Siamese further engage, that when Chow Phya, of Ligore, returns from Bankok, he shall release the slaves, personal servants, family and kindred, belonging to the former governor of Quedah, and permit them to go and live wherever they please.
The English engage to the Siamese that the English do not desire to take possession of Quedah; that they will not attack or disturb it, nor permit the former governor of Quedah, or any of his followers, to attack, disturb, or injure, in any manner, the territory of Quedah, or any other territory subject to Siam.
The English engage that they will make arrangements for the former governor of Quedah to go and live in some other country, and not at Prince of Wales Island, or Praye, or in Perak, Salangore, or any Burmese country. If the English do not let the former governor of Quedah go and live in some other country, as here engaged, the Siamese may continue to levy an export duty upon paddy and rice in Quedah. The English will not prevent any Siamese, Chinese, or other Asiatics at Prince of Wales Island, from going to reside in Quedah, if they desire it.
Art. 14. The Siamese and English mutually engage, that the Raja of Perak shall govern his country according to his own will; should he desire to send the gold and silver flowers to Siam, as heretofore, the English will not prevent his doing as he may desire.
Bo
TY
454
Appendix.
Treaty between
the King of Siam and the East India
Company.
[ 26 ]
(5.)
COPY of a TREATY between the King of Siam and the East India Company. Art. 1. THE English and Siamese engage in friendship, love, and affection, with mutual truth, sincerity, and candour. The Siamese must not meditate or commit evil so as to mo- Jest the English in any manner; the English must not meditate or commit evil so as to molest the Siamese in any manner. The Siamese must not go and molest, attack, disturb, seize, or take any place, territory, or boundary, belonging to the English, in any country subject to the English; the English must not go and molest, attack, disturb, seize, or take any place, territory, or boundary belonging to the Siamese, in any country subject to the
Siamese.
The Siamese shall settle every matter within the Siamese boundaries according to their own will and customs.
Art. 2. Should any place or country, subject to the English, do anything that may offend the Siamese, the Siamese shall not go and injure such place and country, but first report the matter to the English, who will examine into it with truth and sincerity; and if the fault lie with the English, the English shall punish according to the fault. Should any place or country, subject to the Siamese, do anything that may offend the English, the English shall go and injure such place or country, but first report the matter to the Siamese, who will examine into it with truth and sincerity; and if the fault lie with the Siamese, the Siamese shall punish according to the fault.
not
Should any Siamese place or country, that is near an English country, collect at any time an army or a fleet of boats, if the chief of the English country inquire the object of such force, the chief of the Siamese country must declare it. Should any English place or coun- try, that is near a Siamese country, collect at any time an army or a fleet of boats, if the chief of the Siamese country inquire the object of such force, the chief of the English country must declare it.
Art. 3. In places and countries belonging to the Siamese and English, lying near their mutual borders, whether to the east, west, north, or south, if the English entertain a doubt as to any boundary that has not been ascertained, the chief on the side of the English must send a letter, with some men and people from his frontier posts, to go and inquire from the nearest Siamese chief, who shall depute some of his officers and people from his frontier posts to go with the men belonging to the English chief, and point out and settle the mutual boundaries, so that they may be ascertained on both sides in a friendly manner,
If a Siamese chief entertain a doubt as to any boundary that has not been ascertained, the chief on the side of the Siamese must send a letter, with some men and people from his frontier posts, to go and inquire from the nearest English chief, who shall depute some of his offi- cers and people from his froutier posts to go with the men belonging to the Siamese chief and point out and settle the mutual boundaries, so that they may be ascertained on both sides in a friendly manner.
Art. 4. Should any Siamese subject go and live within the boundaries of the English, the Siamese must not intrude, enter, seize, or take such person within the English boundaries, but must report and ask for him in a proper manner, and the English shall be at liberty to deliver the party or not. Should any English subject remove, and go and live within the boundaries of the Siamese, the English must not intrude, enter, seize, or take such person within the Siamese boundaries, but must report and ask for him in a proper manner, and the Siamese shall be at liberty to deliver the party or not.
Art. 5. The English and Siamese having concluded a treaty, establishing a sincere friend- ship between them, merchants, subjects to the English, and their ships, junks, and boats, may have intercourse and trade with any Siamese country which has much merchan- dize, and the Siamese will aid and protect them, and permit them to buy and sell with facility. Merchants, subject to the Siamese, and their boats, junks, and ships, may have in- tercourse and trade with any English country, and the English will aid and protect them, and permit them to buy and sell with facility.
The Siamese desiring to go to an English country, or the English desiring to go to a Siamese country, must conform to the customs of the place or country on either side; should they be ignorant of the customs, the Siamese or English officers must explain them. Siamese 3. subjects who visit an English country must conduct themselves according to the established laws of the English country in every particular. English subjects who visit a Siamese country must conduct themselves according to the established laws of the Siamese country in every particular.
Art. 6. Merchants, subject to the Siamese or English, going to trade, either in Bengal, or in any country subject to the English, or at Bankok, or in any country subject to the Siamese, must pay the duties upon commerce, according to the customs of the place or country on either side; and such merchants, and the inhabitants of the country, shall be allowed to buy and sell without the intervention of other persons in such countries. Should a Siamese or English merchant have any complaint or suit, he must complain to the officers and governors on either side, and they will examine and settle the same according to the established laws of the place or country on either side.
If a Siamese or English merchant buy or sell without inquiring and ascertaining whether the seller or buyer be of bad or good character, and if he meet with a bad man who takes the property and absconds, the rulers and officers must make search and produce the person of the absconder and investigate the matter with sincerity. If the party possess money or
property
[ 27 ]
property he can be made to pay; but if they do not possess any, or if they cannot be appre- hended, it will be the merchant's own fault.
Appendix.
Company.
Art. 7. A merchant, subject to the Siamese or English, going to trade in any English or Treaty between Siamese country, and applying to build godowns and houses, or to buy or hire shops or and the East India
the King of Siam houses in which to place his merchandize, the Siamese or English officers and rulers shall be at liberty to deny him permission to stay. If they permit him to stay, he shall land aud take up his residence according to such terms as may be mutually agreed on; and the Siamese or English officers and rulers will assist and take proper care of him, preventing the inhabitants of the country from oppressing him, and preventing him from oppressing the inhabitants of the country.
Whenever a Siamese or English merchant or subject, who has nothing to detain hin, requests permission to leave the country and to embark with his property on board of any vessel, he shall be allowed to do so with facility.
or
Art. 8. If a merchant desire to go and trade in any place or country, belonging to the English or Siamese, and his ship, boat, junk meet with any injury whatever, the Eng- lish or Siamese officers shall afford adequate assistance and protection: should anv vessel belonging to the Siamese or English be wrecked in any place or country where the English or Siamese may collect any of the property belonging to such vessel, the English or Siamese officers shall make proper inquiry and cause the property to be restored to its owner, or in case of his death, to his heirs, &c.; the owner or heir will give a proper remuneration to per- sons who may have collected the property. If any Siamese or English subject die in any English or Siamese country, whatever property he may leave shall be delivered to his heir; if the heir be not living in the same country and unable to come, he may appoint a person, by letter, to receive the property, and the whole of it shall be delivered to such person.
Art. 9. Merchants, subject to the English, desiring to come and trade in any Siamese country, with which it has not been the custom to have trade and intercourse, must first go and inquire of the governor of the country; should any country have no merchandize, the governor shall inform the ship that has come to trade, that there is none.
Should any country have merchandize sufficient for a ship, the governor shall allow her to
come and trade.
Art. 10. The English and Siamese mutually agree that there shall be an unrestricted trade between them, in the English countries of Prince of Wales Island, Malacca, and Singapore, and the Siamese countries of Ligore, Merdilous, Singora, Patani, Junkceylor, Quedah, and other Siamese provinces.
Asiatic merchants of the English countries, not being Burmese Peguers, or descendants of Europeans, shall be allowed to trade freely, overland and by means of rivers.
Asiatic merchants, not being Burmese Peguers, or descendants of Europeans, desiring to enter into and trade with the Siamese dominions, from the countries of Mergui, Tavay, Tenasserim, and Ye, which are now subject to the English, will be allowed to do so freely, overland and by water, upon the English furnishing them with certificates.
But merchants are forbidden to bring opium, which is positively a contraband article in the territories of Siam; and should a merchant introduce any, the governor shall seize him and destroy the whole of it.
Art. 11. If any Englishman desire to transmit a letter to any person in a Siamese or other country, such person only, and no other, shall open and look into the letter.
Art. 12. Siam shall not go and obstruct or interrupt commerce in the states of Tringanu and Calantan; English merchants and subjects shall have trade and intercourse, in future, with the same facility and freedom as they have heretofore had, and the English shall not go and molest, attack, or disturb those states upon any pretence whatever,
Art. 13. The Siamese engage to the English, that the Siamese shall remain in Quedah, and take proper care of that country and of its people. The inhabitants of Prince of Wales Island and of Quedah shall have trade and intercourse as heretofore; the Siamese shall levy no duty upon stock and provisions, such as cattle, buffaloes, poultry, fish, paddy, and rice, which the inhabitants of Prince of Wales Island, or ships there may have occasion to pur- chase in Quedah, but shall levy fair and proper import and export duties.
The Siamese further engage, that when Chow Phya, of Ligore, returns from Bankok, he shall release the slaves, personal servants, family and kindred, belonging to the former governor of Quedah, and permit them to go and live wherever they please.
The English engage to the Siamese that the English do not desire to take possession of Quedah; that they will not attack or disturb it, nor permit the former governor of Quedah, or any of his followers, to attack, disturb, or injure, in any manner, the territory of Quedah, or any other territory subject to Siam.
The English engage that they will make arrangements for the former governor of Quedah to go and live in some other country, and not at Prince of Wales Island, or Praye, or in Perack, Salangore, or any Burmese country. If the English do not let the former governor of Quedah go and live in some other country, as here engaged, the Siamese may continue to levy an export duty upon paddy and rice in Quedah. The English will not prevent any Siamese, Chinese, or other Asiatics at Prince of Wales Island, from going to reside in Quedali, if they desire it.
Art. 14. The Siamese and English mutually engage, that the Raja of Perak shall govern his country according to his own will; should he desire to send the gold and silver flowers to Siam, as heretofore, the English will not prevent his doing as he may desire.
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