Directory_and_Chronicle_1879 — Page 723

Directories & Chronicles 香港指南 All

ADDITIONAL ARTICLES TO THE TREATY BETWEEN THE UNITED

STATES OF AMERICA AND CHINA,

OF 18TH JUNE, 1858.

SIGNED, IN THE ENGLISH and Chinese Languages, at Washington, 28TH JULY, 1868.

Ratifications exchanged at Peking, 23rd November, 1869.

Whereas, since the conclusion of the treaty between the United States of America and the Ta-Tsing Empire (China) of the 18th of June, 1858, circumstances have arisen showing the necessity of additional articles thereto: the President of the United States and the August Sovereign of the Ta-Tsing Empire have named for their Plenipotentiaries; to wit, the President of the United States of America, William H. Seward, Secretary of State; and His Majesty the Emperor of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipotentiary, and Chih-kang, and San-chia-ku, of the second Chinese rank, associated high Envoys and Ministers of his said Majesty; and the said Plenipotentiaries, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles

Art. I.-His Majesty the Emperor of China, being of the opinion that in making concessions to the citizens or subjects of foreign powers, of the privilege of residing on certain tracts of land, or resorting to certain waters of that Empire, for purposes of trade, he has by no means relinquished his right of eminent domain or dominion over the said lands and waters, hereby agrees that no such concession or grant shall be construed to give to any power or party, which may be at war with or hostile to the United States, the right to attack the citizens of the United States, or their property, within the said lands or waters: And the United States, for themselves, hereby agree to abstain from offensively attacking the citizens or subjects of any power or party, or their property, with which they may be at war, on any such tract of land or waters of the said Empire. But nothing in this article shall be construed to prevent the United States from resisting an attack by any hostile power or party upon their citizens or their property.

It is further agreed that if any right or interest in any tract of land in China has been, or shall bereafter be, grauted by the Government of China to the United States or their citizens for purposes of trade or commerce, that grant shall in no event be construed to divest the Chinese Authorities of their right of jurisdiction over persons and property within said tract of land except so far as the right may have been expressly relinquished by treaty.

Art. II. The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce will thereby best be promoted, agree that any privilege or inmunity in respect to trade or navigation within the Chinese dominions which may not have been stipulated for by treaty, shall be subject to the discretion of the Chinese Government, and may be regulated by it accordingly, but not in a manner or spirit incompatible with the Treaty stipulations of the parties.

Art. III.-The Emperor of China shall have the right to appoint Consuls at ports of the United States, who shall enjoy the same privileges and immunities as those which are enjoyed by public law and treaty in the United States by the Consuls of Great Britain and Russia or either of them.

Art. IV. The 29th article of the Treaty of the 18th June, 1858, having stipuia ed for the exemption of the Christian citizens of the United States and Chinese converts from persecution in China on account of th ir faith; it is further agreed tuat citizens of the United States in China of every religious persuasion, and Chinese subjets in the United States, shall enjoy entire liberty of coscience, and shall be exempt from

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