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TREATY BETWEEN THE UNITED STATES ANd corea
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that steps may be taken to send the crew bome and save 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 the local 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 mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigour of the law.
Subjects of Chosen guilty of any criminal 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 public functionary of the United States thereto authorized, according 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 officers of the two nations, it is agreed 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 nationality shall be freely permitted to attend the trial and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interests of justice. If he so desire he shall 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 understood 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 and course of justice in the United States, the right of exterritorial jurisdiction over United States citizens in Chosen shall be abandoned, and thereafter United States citizens, when within the limits of the kingdom of Chosen, shall be subject to the jurisdiction of the native authorities.
Art. V.-Merchants and merchant 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 shall 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 visiting 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 communicated 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 the first instance, as a general measure, that the tariff upon such imports as are articles of daily 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 exported shall pay a duty not to exceed five per cent. ad valorem. And it is further agreed that the duty upon foreign imports shall be paid once for all at the port of entry, 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.
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