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SPAIN.
EMIGRATION CONVENTION BETWEEN SPAIN AND CHINA.
SIGNED, AT PEKING, IN SPANISH, FRENCH, AND CHINESE, 17TH NOVEMBER, 1877
Translated from the Chinese Text.
His Majesty the King of Spain and His Majesty the Emperor of China, being very desirous of establishing on a new basis the Emigration of Chinese subjects to the Island of Cuba, and in order to avoid any further complication which might hereafter arise, have nominated for their Plenipotentiaries, as follow:
His Majesty the Emperor of China, Their Excellencies Shen, Mao, Tung, Ch'ung, and Hsion, Members of the Tsung-li Yamên.
His Majesty the King of Spain, Don Carlos Antonio de Espana, His Minister Plenipotentiary to China, Annam, and Siam, Grand Cross of the Royal Order of Isabella the Catholic, etc., etc., who have agreed to all the articles which follow :-
Art. I-The High Contracting Parties hereby agree that the emigration of Chinese subjects as contained in Art. X. of the Treaty concluded in Tientsin on the 10th October, 1864, becomes and is hereby abrogate. Only the stipulation in the said article concerning the delivery by the Authorities of those who are claimed as deserters, criminals, and accused ones, remains in force.
Art. II. The difficulties to which the application of the dispositions of the Treaty of Tientsin regarding the emigration gave rise having been dispersed, the two Governments renounce each for itself every pecuniary indemnity.
Art. III.-It is agreed between the two High Contracting Parties that the emi- gration of their respective subjects, whether accompanied by their families or not, shall be in future free and voluntary; they disapprove of every act of violence or trickery which might be committed in the ports of China or anywhere else for the purpose of expatriating Chinese subjects against their will.
The two Governments engage themselves to pursue with all the rigour of the laws any contravention of the preceding stipulation and to impose penalties established by their respective legislatures upon the persons and ships who may violate this stipulation,
The Government of His Majesty the King of Spain engages itself to that of China to treat the Chinese subjects staying now in Cuba or who may come there hereafter on the same footing as the foreigners there of the same category and subjects of the most favoured nation.
Art. IV. The Government of His Majesty the Emperor of China will authorize the departure of the emigrants of both sexes at their own expense for the island of Cube from all parts of the Empire open to foreign trade; they engage themselves not to place any impediment to the free emigration of Chinese subjects and to forbid the authorities of the said ports, and principally the Customs" Taotais, to raise difficulties, be it either towards the freight or placement of the ships under any flag whatever destined to the transport of Chinese passengers, or towards the operations of the shipowners, consignees, or agents, provided always that they conform them- selves to the stipulations of the present convention.
Art. V.—It is well understood that the Customs' Taotais and the Chinese Authorities of the open ports will have the right to inform themselves whether the emigration is effected according to the spirit and the terms of the present convention,
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