CO129-326 - Foreign Office - 1904 — Page 37

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the date of the exchange of ratifications and until a revision is effected as hereinafter provided.

It is further agreed that either of the High Contracting Parties may demand that the Tariff and the Articles of this Convention be revised at the end of ten years from the date of the exchange of the ratifications thereof. If no revision is demanded before the end of the first term of ten years, then these Articles in their present form shall remain in full force for a further term of ten years reckoned from the end of the first term, and so on for successive periods of ten years.

The English and Chinese texts of the present Treaty and its three Annexes have been carefully compared; but, in the event of there being any difference of meaning between them, the sense as expressed in the English text shall be held to be the

correct one.

This Treaty and its three Annexes shall be ratified by the two High Contracting Parties in conformity with their respective constitutions, and the ratifications shall be exchanged in Washington not later than twelve months from the present date.

In testimony whereof we, the Undersigned, by virtue of our respective powers, have signed this Treaty in duplicate in the English and Chinese languages, and have affixed our respective seals,

Doue at Shanghae, this 8th day of October, in the year of our Lord 1903, and in the twenty-ninth year of Kuang IIsu, eighth month and eighteenth day.

(Signed)

EDWIN H. CONGER. JOHN GOODNOW. JOHN F. SEAMAN.

(Seals.)

(Seals and signatures of Chinese Plenipotentiaries.)

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out of such port. Such branches, as well as the main Native Customs offices at each open port, shall be administered by the Imperial Maritime Customs, as provided by the Protocol of 1901.

(Signed)

EDWIN H. CONGER. JOHN GOODNOW. JOHN F. SEAMAN.

(Seals.)

(Seals and signatures of Chinese Plenipotentiaries.)

Annex 3.

The Schedule of Tariff duties on imported goods annexed to this Treaty under Article V is hereby mutually declared to be the Schedule agreed upon between the Repre- sentatives of China and the United States, and signed by John Goodnow, for the United States and their Excellencies Lü Hai-huan and Sheng Hsüan-huai for China, at Shanghae, on the 6th day of September, A.D. 1902, according to the Protocol of the 7th day of September. A.D. 1901.

(Signed)

EDWIN H. CONGER.

JOHN GOODNOW. JOHN F. SEAMAN. (Seals.)

(Seals and signatures of Chinese Plenipotentiaries.)

Annex 1.

As the citizens of the United States are already forbidden by Treaty to deal in or handle opium, no mention has been made in this Treaty of opium taxation.

As the trade in salt is a Government monopoly in China, no mention has been made in this Treaty of salt taxation.

It is, however, understood, after full discussion and consideration, that the collection of inland dues on opium and salt and the means for the protection of the revenue there- from, and for preventing illicit traffic therein, are left to be administered by the Chinese Government in such manner as shall in nowise interfere with the provisions of Article IV of this Treaty, regarding the unobstructed transit of other goods.

(Signed)

EDWIN H. CONGER.

JOHN GOODNOW. JOHN F. SEAMAN.

(Seals.)

(Seals and signatures of Chinese Plenipotentiaries.)

Annex 2.

Article IV of the Treaty of Commerce between the United States and China of this date provides for the retention of the Native Customs offices at the open ports. For the purpose of safeguarding the revenue of China at such places, it is understood that the Chinese Government shall be entitled to establish and maintain such branch Native Customs offices at each open port, within a reasonable distance of the main Native Customs offices at the port, as shall be deemed by the authorities of the Imperial Maritime Customs at that port necessary to collect the revenue from the trade into and

Gentlemen,

Despatches.

Shanghae, June 23, 1903. Article IV of the Treaty of Commerce now being negotiated between the United States and China provides for the abolition of Native Customs offices inland for the collection of revenue on goods in transit. It is, however, understood that we do not by this Treaty abolish the offices for the collection of the octroi on native produce at the Chungwen and other gates at Peking, nor do we abolish the live-stock and house duties in Peking (Tso and Yeo Yib).

We are, &c.

(Signed) JOHN GOODNOW,

J. F. SEAMAN, Treaty Commissioners for the United States.

To their Excellencies, Lü Hai-huan, Sheng Hsüan-huai,

į. Wu Ting-fang, Treaty Commissioners for China.

Gentlemen,

Shanghae, September 24, 1903. In our discussions we have on several occasions insisted that this Treaty should embody both the provisions contained in the revised British Commercial Treaty recognizing the right of China to collect consumption duty and excise duty, and also her right to levy production duty in order to make good the duty which would have been While leviable on goods in transit by the Native Custom-houses inland, now abolished. you have not agreed to embody these provisions in your Treaty, you have constantly replied that the United States has no intention of limiting in this Treaty the sovereign rights of China excepting as specified therein.

It was our intention to write a despatch to be an Annex to the Treaty specially affirming the right of China to levy the taxes mentioned above. However, you have at our urgent request inserted in the 17th Article of this Treaty a very broadly worded clause as tollows: "Nothing in this Article is intended to interfere with the inherent right of China to levy such other taxes as are not in conflict with its provisious."

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