52
TREATY BETWEEN FRANCE AND CHINA
In case of fraud or non-payment on the part of French merchants, the Consul shall, in the same manner, afford every assistance to the claimants, but neither he nor his Government shall in any manner be held responsible.
Art. XXXVIII.-If unfortunately any fight or quarrel occurs between French and Chinese subjects, as also if during the course of such quarrel one or more persons be killed or wounded, by firearms or otherwise, the Chinese shall be arrested by the Chinese authority, who will be responsible, if the charge be proved, for their punish- ment according to the laws of the country. With regard to the French, they shall be arrested at the instance of the Consul, who shall take the necessary measures that they may be dealt with in the ordinary course of French law in accordance with the forms and practice which shall be afterwards decided by the French Government.
The same course shall be observed in all similar circumstances not enumerated in the present convention, the principle being that for the repression of crimes and offences committed by them in China French subjects shall be dealt with according to the laws of France.
Art. XXXIX.-Disputes or differences arising between French subjects in China shall, equally, be settled by the French authorities. It is also stipulated that the Chinese authorities shall not in any manner interfere in any dispute between French subjects and other foreigners. In the same way they shall not exercise any authority over French vessels; these are responsible only to the French authorities and the captain.
Art. XL.-If the Government of His Majesty the Emperor of the French shall consider it desirable to modify any of the clauses of the present treaty it shall be at liberty to open negotiations to this effect with the Chinese Government after an interval of ten years from the date of the exchange of the ratifications. It is also understood that no obligation not expressed in the present convention shall be imposed on the Consuls or Consular Agents, nor on their nationals, but, as is stipulated, French subjects shall enjoy all the rights, privileges, immunities, and guarantees whatsoever which have been or shall be accorded by the Chinese Govern- ment to other powers.
Art. XLI.-His Majesty the Emperor of the French, wishing to give to His Majesty the Emperor of China a proof of his friendly sentiments, agrees to stipulate in separate articles, having the same force and effect as if they were inserted in the present treaty, the arrangements come to between the two governinents on the mat ers antecedent to the events at Canton and the expense caused by them to the Government of His Majesty the Emperor of the French.
Art. XLII. The ratifications of the present treaty of friendship, co umerce, and navigation shall be exchanged at Peking within one year after the date of signature, or sooner if possible.
After the exchange of ratifications, the treaty shall be brought to the knowledge of all the superior authorities of the Empire in the provinces and in the capital, in order that its publication may be well established.
In token whereof the respective plenipotentiaries have signed the present treaty and affixed their seals thereto.
year
Done at Tientsin, in four copies, this twenty-seventh day of June, in the of grace one thousand eight hundred and fifty-eight, corresponding to the seventeenth day of the fifth moon of the eighth year of Hien Fung.
(Signed)
[L.S.]
Baron Gros.
""
[L.S.]
KWEI-LIANG.
"
[L.S.]
HWASHANA.
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