Directory_and_Chronicle_1891 — Page 354

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TREATY BETWEEN THE UNITED STATES AND COREA.

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that steps may be taken to s nd the er w home and ave the ship and cargo. necessary expenses shall be defrayed either by the ship's master or by the United States.

Art. IV. All citizens of the United States of America in Chosen, peaceably attending to their own affairs, shall receive and enjoy for themselves and everything appertaining to them the protection of te loc 1 authorities of the Government of Chosen, who shall defend them from all insult and injury of any sort. If their dwellings or property be threatened or attacked by mob, incendiaries, or other violent or lawless persons, he 1 cal officers, on requisition of the Consul, sha I immed ately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them w th the utmost rigour of the law.

Subjects of Chosen, guilty of any crimi al act towards citizens of the United States, shall be punished by the authorities of Chosen according to the laws of Chosen; and citizens of the United States. either on shore or in

any merchant vessel, who may insult, trouble, or wound the persons or injure the property of the people of Chosen shall be arrested and punished only by the Consul or other pul·lic funct onary of the United States thereto authoriz d, accoring to the laws of the United States.

When controversies arise in the kingdom of Chosen, between citizens of the United States and subjects of His Majesty, which need to be examined and decided by the public offic rs of the two nations, it is aged between the two governments of the United States and Chosen that such case shall be tried by the proper official of the nationality of the defendant according to the law of that nation. The properly authorized official of the plaintiff's natio ality shall freely permitted to attend the trial and shall be treated with the cou tesy die to his position. He shall be granted all proper facilities for watching the proceedi gs in the interests of justice. If he so desire he s all have the right to be present, to examine and cross-examine witnesses. If he is dissatisfied with the proceedings he shall be permitted to protest against them in detail.

It is, however, mutually agreed and und rstood between the high contracting Powers that whenever the King of Chosen shall have so far modified and reformed the statutes and the judicial procedure of his kingdom that, in the judgment of the United States, they conform to the laws an i course of justice in the United States, the right of exterritorial jurisdiction over Uni'e. States citizens in Chosen shall be abandoned, and thereafter United Sta es ci izens, when within the limits of the kingdom of Chosen, s all be subject to the jurisdiction of the native authorities.

Art. V.-Mercha ts and m rchants vessels of Chosen visiting the United States for the purpose of traffic shall pay duties and tonnage dues and fees according to the customs regulations of the United States, but no higher or other rates of duties and tonnage dues -hall be exacted of them than are levied upon citizens of the United States or upon citizens or subjects of the most favoured nation.

Merchants and merchant vessels of the United States v.siting Chosen for purposes of traffic shall pay duties upon

all merchandise imported and exported. The authority to levy duties is of right vested in the Government of Chosen. The tariff of duties upon exports and imports, together with the customs regulations for the prevention of smuggling and other irregularities, will be fixed by the authorities of Chosen and communi ated to the proper officials of the United States, to be by the latter notified to their citizens and duly observed.

It is, however, agreed in he first i stance, as a general measure, that the tariff upon such imports as are articles of da ly use shall not exceed an ad valorem duty of ten per cent.; that the tariff upon such imports as are luxuries -- as for instance foreign wines, foreign tobacco, clocks and watches-shall not exceed an ad valorem duty of thirty per cent., and that native produce ex orted shall pay a duty not to exceed five per cent. ad valorem. And it i further agred that the duty upon foreign imports shall b paid once for all at the port of e try, and that no other dues, duties, fees, taxes, or charges of any sort shall be levied upon such imports either in the interior of Chosen or at the ports.