102 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA
relation between the citizens and subjects of the two Powers, mutually agree to give the most careful and favourable attention to the representations of either as such special extension of commercial intercourse as either may desire.
Art. II. The Governments of China and of the United States mutually agree and undertake that Chinese subjects shall not be permitted to import opium in any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of China, or transport from one open port to any other open port, or to buy and sell opium in any of the open ports in China. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States, and the benefits of the favoured nation clauses in existing Treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this Article.
Art. III. His Imperial Majesty the Emperor of China hereby promises and agrees that no other kind or higher rate of tonnage dues or duties for imports or ex- ports or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States, or upon the produce, manu- factures, or merchandise imported in the same from the United States, or from any foreign country, or upon the produce, manufactures, or merchandise exported in the same to the United States, or any foreign country, or transported in the same from one open port of China to another, than are imposed or levied on vessels or cargoes of any other nation, or on those of Chinese subjects. The United States hereby pro- mises and agrees that no other kind or higher rate of tonnage duties and dues for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of his Imperial Majesty, coming either directly or by way of any foreign port from any of the ports of China which are open to foreign trade to the ports of the United States, or returning therefrom either directly or by way of any foreign port to any of the open ports of China, or upon the produce, manufactures, or merchandise imported in the same from China, or from any foreign country, than are imposed or levied on vessels of any other nations which make no discrimination against the United States in tonnage dues or duties on imports, exports, or coastwise trade, than are imposed or levied on vessels and cargoes of citizens of the United States.
Art. IV. When controversies arise in the Chinese Empire between citizens of the United States and subjects of His Imperial Majesty, which need to be examined and decided by the public officer of the two nations, it is agreed between the Governments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant. 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 interest of justice, and if he so desire he shall have the right to be present and to examine and to cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in debate. The law administered will be the law of the nationality of the officer trying the case.
In faith whereof, the respective Plenipotentiaries have signed and sealed the foregoing, at Peking, in English and Chinese, there being three originals of each text, of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from the date of its execution.
Done at Peking, this seventeenth day of November, in the year of our Lord one thousand eight hundred and eighty, Kuang Hsu sixth year, tenth moon, fifteenth day.
(Signed)
JAMES B. ANGELL.
JOHN F. SWIFT.
WILLIAM H. TRESCOTT.
(Signed)
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PAO CHUN. LI HUNG-TSAO.
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