ART. II. It is further expressly declared, that the arrangement entered into at Shanghai, between Great Britain and Ireland, to retain a force, until the indemnity of eight millions of taels, guaranteed in Article IV of the Treaty of one thousand eight hundred and fifty-eight, between Her Britannic Majesty's Ambassador the Earl of Elgin and Kincardine, and His Imperial Majesty's Commissioners Kweiliang and Hwashana, regarding the residence of Her Britannic Majesty's Representative in China, is hereby cancelled, and that, in accordance with Article III of the Treaty of one thousand eight hundred and fifty-eight, Her Britannic Majesty's Representative will henceforward reside, permanently, or occasionally, at Peking, as Her Britannic Majesty shall be pleased to decide.
ELGIN AND KINCARDINE.
ART. III. It is agreed that the separate Article of the Treaty of one thousand eight hundred and fifty-eight is hereby annulled, and that in lieu of the amount of indemnity therein specified, His Imperial Majesty the Emperor of China shall pay the sum of eight millions of taels, in the following proportions or instalments, namely:-At Tien-tsin, on or before the 30th day of November, the sum of five hundred thousand taels; at Canton, on or before the first day of December, one thousand eight hundred and sixty, three hundred and thirty-three thousand three hundred and thirty-three taels, less the sum which shall have been advanced by the Canton authorities, towards the completion of the British Factory site of Shameen; and the remainder at the ports open to foreign trade, in quarterly payments, which shall consist of one-fifth of the gross revenue from Customs there collected; the first of the said payments being due on the thirty-first day of December, one thousand eight hundred and sixty, for the quarter terminating on that day.
It is further agreed that these monies shall be paid into the hands of an officer whom Her Britannic Majesty's Representative shall specially appoint to receive them, and that the accuracy of the amounts shall, before payment, be duly ascertained by British and Chinese officers appointed to discharge this duty.
In order to prevent future discussion, it is moreover declared that of the eight millions of taels herein guaranteed, two millions will be appropriated to the indemnification of the British Mercantile Community at Canton, for losses sustained by them; and the remaining six millions to the liquidation of war expenses.
Seal of Chinese Plenipotentiary.
Signature of Chinese Plenipotentiary.
TREATY OF PEACE, FRIENDSHIP, COMMERCE AND NAVIGATION, BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA. SIGNED AT TIEN-TSIN, JUNE 26TH, 1858. RATIFICATIONS EXCHANGED AT PEKING, OCTOBER 24TH, 1860.
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two countries, and to place their relations on a more satisfactory footing in future, have resolved to proceed to a revision and improvement of the Treaties existing between them; and for that purpose, have named their Plenipotentiaries, that is to say:
Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle;
And His Majesty the Emperor of China, the High Commissioners Kweiliang, a Senior Chief of State, styled of the East Cabinet, Captain-General of the Plain White Banner of the Manchu Banner Force, Superintendent-General of the administration of Criminal Law; and Hwashana, one of His Imperial Majesty's Expositors of the Classics, Manchu President of the Office for the regulation of the Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese Banner Force, and Visitor of the Office of Interpretation;
Who, after having communicated to each other their respective full powers, and found them to be good and due form, have agreed upon and concluded the following Articles:
ART. I.-The Treaty of Peace and Amity between the two nations, signed at Nanking on the twenty-ninth day of August, in the year eighteen hundred and forty-two, is hereby renewed and confirmed.
ART. IV. It is agreed that on the day on which this Convention is signed, His Imperial Majesty the Emperor of China shall open the port of Tien-tsin to trade, and that it shall be thereafter competent to British subjects to reside and trade there, under the same conditions as at any other port of China by Treaty open to trade.
ART. V.-As soon as the ratifications of the Treaty of one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China will, by Decree, command the high authorities of every province to proclaim throughout their jurisdictions, that Chinese choosing to take service in the British Colonies, or other parts beyond sea, are at perfect liberty to enter into engagements with British subjects for that purpose, and to ship themselves and their families on board any British vessel at any of the open ports of China; also that the high authorities aforesaid shall, concert with Her Britannic Majesty's Representative in China, frame such regulations for the protection of Chinese emigrating as above, as the circumstances of the different open ports may demand.
ART. VI. With a view to the maintenance of law and order in and about the harbour of Hongkong, His Imperial Majesty the Emperor of China agrees to cede to Her Majesty the Queen of Great Britain and Ireland, and to Her Heirs and Successors, to have and to hold as a dependency of Her Britannic Majesty's Colony of Hongkong, that portion of the township of Cowloon, in the province of Kwangtung, of which a lease was granted in perpetuity to Harry Smith Parkes, Esquire, Companion of the Bath, a Member of the Allied Commission at Canton, on behalf of Her Britannic Majesty's Government, by Lau Tsung-kwang, Governor-General of the two Kwang.
It is further declared, that the lease in question is hereby cancelled; that the claims of any Chinese to property on the said portion of Cowloon shall be duly investigated by a mixed Commission of British and Chinese officers, and that compensation shall be awarded by the British Government to any Chinese whose claim shall be by the said Commission established, should his removal be deemed necessary by the British Government.
ART. VII.-It is agreed that the provisions of the Treaty of one thousand eight hundred and fifty-eight, except in so far as these are modified by the present Convention, shall, without delay, come into operation, as soon as the ratifications of the Treaty aforesaid shall have been exchanged. It is further agreed, that no separate ratification of the present Convention shall be necessary, but that it shall take effect from the date of its signature, and be equally binding with the Treaty above mentioned on the High Contracting Parties.
ART. VIII.—It is agreed that, as soon as the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight, shall have been exchanged, His Imperial Majesty the Emperor of China shall, by Decree, command the high authorities in the capital, and in the provinces, to print and publish the aforesaid Treaty and the present Convention, for general information.
ART. IX. It is agreed that, as soon as this Convention shall have been signed, the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, and an Imperial Decree respecting the publication of the said Convention and Treaty shall have been promulgated, as provided for by Article VIII of this Convention, Chusan shall be evacuated by Her Britannic Majesty's troops there stationed, and Her Britannic Majesty's force now before Peking shall commence its march towards the city of Tien-tsin, the forts of Taku, the North Coast of Shantung, and the city of Canton, at each or all of which places, it shall be at the option of Her Majesty the Queen of Great Britain to remain or not.
The Supplementary Treaty and General Regulations of Trade having been amended and improved, and the substance of their provisions having been incorporated in this Treaty, the said Supplementary Treaty and General Regulations of Trade are hereby abrogated.
ART. II. For the better preservation of harmony in future, Her Majesty the Queen of Great Britain and His Majesty the Emperor of China mutually agree that, in accordance with the universal practice of great and friendly nations, Her Majesty the Queen may, if She see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of Peking; and His Majesty the Emperor of China may in like manner, if He see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents, to the Court of St. James.'
Art. III.-His Majesty the Emperor of China hereby agrees, that the Ambassador, Minister, or other Diplomatic Agent, so appointed by Her Majesty the Queen of Great Britain, may reside, with his family and establishment, permanently at the capital, or may visit it occasionally, at the option of the British Government. He shall not be called upon to perform any ceremony derogatory to him as representing the Sovereign of an independent nation on a footing of equality with that of China. On the other hand, he shall use the same forms of ceremony and respect to His Majesty the Emperor as are employed by the Ambassadors, Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns of independent and equal European nations.
It is further agreed, that Her Majesty's Government may acquire at Peking a site for building, or will assist it in so doing. Her Majesty's Representative shall be at liberty to choose his own servants and attendants, who shall not be subjected to any kind of molestation whatever.
Any person guilty of disrespect or violence to Her Majesty's Representative, or to any member of his family or establishment, in deed or word, shall be severely punished.
ART. IV. It is further agreed, that no obstacle or difficulty shall be made to the free movements of Her Majesty's Representative, and that he, and the persons of his suite, may come and go, and travel at their pleasure. He shall, moreover, have full liberty to send and receive his correspondence to and from any point on the sea-coast that he may select; and his letters and effects shall be held sacred and inviolable. He may employ, for their transmission, special couriers, who shall meet with the same protection and facilities for travelling as the persons employed in carrying despatches for the Imperial Government; and, generally, he shall enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of Western nations.
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ART. II. It is further expressly declared, that the arrangement entered into at Shanghai, intain and Ireland, to retain a force, until the indemnity of eight millions of taels, guaranteed in Article month of October, one thousand eight hundred and fifty-eight, between Her Britannic Majesty's Am, shall have been paid. bassador the Earl of Elgin and Kincardine, and His Imperial Majesty's Commissioners Kweiliang ar Done at Peking, in the Court of the Board of Ceremonies, on the twenty-fourth day of October, Hwashana, regarding the residence of Her Britannic Majesty's Representative in China, is hereby celled, and that, in accordance with Article III of the Treaty of one thousand eight hundred an
e year of Our Lord one thousand eight hundred and sixty. fifty-eight, Her Britannic Majesty's Representative will henceforward reside, permanently, or o
ELGIN AND KINCARDINE. casionally, at Peking, as Her Britannic Majesty shall be pleased to decide.
ART. III. It is agreed that the separate Article of the Treaty of one thousand eight hundre and fifty-eight is hereby annulled, and that in lieu of the amount of indemnity therein specified, Hi Imperial Majesty the Emperor of China shall pay the sum of eight millions of taels, in the following proportions or instalments, namely:-At Tien-tsin, on or before the 30th day of November, the sur of five hundred thousand taels; at Canton, on or before the first day of December, one thousand eigh hundred and sixty, three hundred and thirty-three thousand three hundred and thirty-three taels, les the sum which shall have been advanced by the Canton authorities, towards the completion of the British Factory site of Shameen; and the remainder at the ports open to foreign trade, in quarterl payments, which shall consist of one-fifth of the gross revenue from Customs there collected; the firs of the said payments being due on the thirty-first day of December, one thousand eight hundred an sixty, for the quarter terminating on that day.
It is further agreed that these monies shall be paid into the hands of an officer whom Her Britan nic Majesty's Representative shall specially appoint to receive them, and that the accuracy of the amounts shall, before payment, be duly ascertained by British and Chinese officers appointed to dis charge this duty.
In order to prevent future discussion, it is moreover declared that of the eight millions of tack herein guaranteed, two millions will be appropriated to the indemnification of the British Mercanti Community at Canton, for losses sustained by them; and the remaining six millions to the liquidation of war expenses.
Seal of
Chinese
Plenipotentiary.
(L. S.)
Signature of
Chinese
Plenipotentiary.
TREATY OF PEACE, FRIENDSHIP, COMMERCE AND NAVIGATION, BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA. SIGNED AT TIEN-TSIN, JUNE 26TH, 1858.
RATIFICATIONS EXCHANGED AT PEKING, OCTOBER 24TH, 1860.
ER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two suntries, and to place their relations on a more satisfactory footing in future, have resolved to proceed a revision and improvement of the Treaties existing between them; and for that purpose, have named their Plenipotentiaries, that is to say :-
Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the Earl of Elgin and incardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of e Thistle;
And His Majesty the Emperor of China, the High Commissioners Kweiliang, a Senior Chief
ART. IV. It is agreed that on the day on which this Convention is signed, His Imperial Majesteretary of State, styled of the East Cabinet, Captain-General of the Plain White Banner of the Man- the Emperor of China shall open the port of Tien-tsin to trade, and that it shall be thereafter competent to British subjects to reside and trade there, under the same conditions as at any other port of Ching by Treaty open to trade.
ART. V.-As soon as the ratifications of the Treaty of one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China will, by Decree, command the high authorities of every province to proclaim throughout their jurisdictions, that Chinese choosing to take service in the British Colonies, or other parts beyond sea, are at perfect liberty to enter into en gagements with British subjects for that purpose, and to ship themselves and their families on board any British vessel at any of the open ports of China; also that the high authorities aforesaid shall, concert with Her Britannic Majesty's Representative in China, frame such regulations for the protec tion of Chinese emigrating as above, as the circumstances of the different open ports may demand.
ART. VI. With a view to the maintenance of law and order in and about the harbour of Hong kong, His Imperial Majesty the Emperor of China agrees to cede to Her Majesty the Queen of Great Britain and Ireland, and to Her Heirs and Successors, to have and to hold as a dependency of Her Britannic Majesty's Colony of Hongkong, that portion of the township of Cowloon, in the province of Awang Tung, of which a lease was granted in perpetuity to Harry Smith Parkes, Esquire, Companion of the Bath, a Member of the Allied Commission at Canton, on behalf of Her Britannic Majesty's Government, by Lau Tsung-kwang, Governor-General of the two Kwang.
It is further declared, that the lease in question is hereby cancelled! that the claims of any Chinese to property on the said portion of Cowloon shall be duly investigated by a mixed Commission of British and Chinese officers, and that compensation shall be awarded by the British Government to any Chinese whose claim shall be by the said Commission established, should his removal be deemed necessary by the British Government.
u Banner Force, Superintendent-General of the administration of Criminal Law; and Hwashana, one His Imperial Majesty's Expositors of the Classics, Manchu President of the Office for the regulation the Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese Banner Force, ad Visitor of the Office of Interpretation;
Who, after having communicated to each other their respective full powers, and found them to be good and due form, have agreed upon and concluded the following Articles :--
ART. I.-The Treaty of Peace and Amity between the two nations, signed at Nanking on the wenty-ninth day of August, in the year eighteen hundred and forty-two, is hereby renewed and con- infrmed.
ART. VII.-It is agreed that the provisions of the Treaty of one thousand eight hundred and fifty-eight, except in so far as these are modified by the present Convention, shall, without delay, come into operation, as soon as the ratifications of the Treaty aforesaid shall have been exchanged. It is further agreed, that no separate ratification of the present Convention shall be necessary, but that its shall take effect from the date of its signature, and be equally binding with the Treaty above mentioned on the High Contracting Parties.
ART. VIII.—It is agreed that, as soon as the ratifications of the Treaty of the year one thousand. eight hundred and fifty-eight, shall have been exchanged, His Imperial Majesty the Emperor of Chin shall, by Decree, command the high authorities in the capital, and in the provinces, to print and publish the aforesaid Treaty and the present Convention, for general information.
ART. IX.It is agreed that, as soon as this Convention shall have been signed, the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, and au Imperial Decree respecting the publication of the said Convention and Treaty shall have been promil gated, as provided for by Article VIII of this Convention, Chusan shall be evacuated by Her Britannic Majesty's troops there stationed, and Her Britannic Majesty's force now before Peking shall commence its march towards the city of Tien-tsin, the forts of Taku, the North Coast of Shantung, and the city of Canton, at each or all of which places, it shall be at the option of Her Majesty the Queen of Great
The Supplementary Treaty and General Regulations of Trade having been amended and improved, ad the substance of their provisions having been incorporated in this Treaty, the said Supplementary Treaty and General Regulations of Trade are hereby abrogated.
ART. II. For the the better preservation of harmony in future, Her Majesty the Queen of Great ritain and His Majesty the Emperor of China mutually agree that, in accordance with the universal practice of great and friendly nations, Her Majesty the Queen may, if She see fit, appoint Ambassadors,
Ministers, or other Diplomatic Agents to the Court of Peking; and His Majesty the Emperor of China may in like manner, if He see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents, to the
Court of St. James.'
Art. III.-His Majesty the Emperor of China hereby agrees, that the Ambassador, Minister, or her Diplomatic Agent, so appointed by Her Majesty the Queen of Great Britain, may reside, with his anily and establishment, permanently at the capital, or may visit it occasionally, at the option of the British Government. He shall not be called upon to perforin any ceremony derogatory to him as re- presenting the Sovereign of an independent nation on a footing of equality with that of China. On the other hand, he shall use the same forms of ceremony and respect to His Majesty the Emperor as are employed by the Ambassadors, Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns of independent and equal European nations.
It is further agreed, that Her Majesty's Government may acquire at Peking a site for building, or will assist it in so doing. nay hire houses for the accommodation of Her Majesty's Mission, and that the Chinese Government
Her Majesty's Representative shall be at liberty to choose his own servants and attendants, who shall not be subjected to any kind of molestation whatever.
Any person guilty of disrespect or violence to Her Majesty's Representative, or to any member of his family or establishment, in deed or word, shall be severely punished.
ART. IV.It is further agreed, that no obstacle or difficulty shall be made to the free movements of Her Majesty's Representative, and that he, and the persons of his suite, may come and go, and travel at their pleasure. He shall, inoreover, have full liberty to send and receive his correspondence to and from any point on the sea-coast that he may select; and his letters and effects shall be held sacred and inviolable. He may employ, for their transmission, special couriers, who shall meet with the same protection and facilities for travelling as the persons employed in carrying despatches for the Imperial Government; and, generally, he shall enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of Western nations.
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