Directory_and_Chronicle_1927 — Page 148

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TREATY BETWEEN THE UNITED STATES AND CHINA

goods, and duties of export on the lading of the same. When all such duties shall have been paid, and not before, the Collector of Customs shall give a port-clearance, and the Consul shall return the ship's papers. The duties shall be paid to the shroffs authorized by the Chinese Government to receive the same. Duties shall be paid and received either in sycee silver or in foreign money, at the rate of the day. If the Consul permits a ship to leave the port before the duties and tonnage dues are paid he shall be held responsible therefor.

Art. XXIII.—When goods on board any merchant vessel of the United States- in port require to be transhipped to another vessel application shall be made to the Consul, who shall certify what is the occasion therefor to the Superintendent of Customs, who may appoint officers to examine into the facts and permit the transhipment. And if any goods be transhipped without written permits, they shall be subject to be forfeited to the Chinese Government.

Art. XXIV. Where there are debts due by subjects of China to citizens of the United States, the latter may seek redress in law; and, on suitable representation being made to the local authorities through the Consul, they will cause due examination in the premises, and take proper steps to compel satisfaction. And if citizens of the United States be indebted to subjects of China, the latter may seek redress by representation through the Consul, or by suit in the Consular Court; but neither Government will hold itself responsible for such debts.

Art. XXV.-It shall be lawful for the officers or citizens of the United States to employ scholars and people of any part of China, without distinction of persons, to teach any of the languages of the Empire, and assist in literary labours, and the persons so employed shall not for that cause be subject to any injury on the part either of the Government or individuals; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China.

Art. XXVI.-Relations of peace and amity between the United States and China being established by this Treaty, and the vessels of the United States being admitted to trade freely to and from the ports of China open to foreign commerce, it is further agreed that, in case at any time hereafter China should be at war with any foreign nation whatever, and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall none the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent Powers, full respect being paid to the neutrality of the flag of the United States, provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's service, nor shall said flag be- fraudulently used to enable the enemy's ships, with their cargoes, to enter the ports- of China; but all such vessels so offending shall be subject to forfeiture and confisca- tion to the Chinese Government.

Art. XXVII.—All questions in regard to rights, whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction and be regulated by the authorities of their own Government; and all controversies occurring in China between citizens of the United States and the subjects of any other Government shall be regulated by the Treaties existing between the United States and such Governments respectively, without interference on the part of China.

Art. XXVIII.—-If citizens of the United States have special occasion to address any communication to the Chinese local officers of Government, they shall submit the same to their Consul or other officer, to determine if the language be proper and respectful, and the matter just and right, in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. If subjects of China have occasion to address the Consul of the United States they may address him directly, at the same time they inform their own officers, representing the case for his consideration and action in the premises; and if controversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations, acting in conjunction. The extortion