727197-1853-Diplomatic-Department- — Page 2

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Valions

granted

diately:

41

Vessels shall, in Contravention of this Agreement, and of a Proclamation to the same purport to be issued by the British Plenipotentiary, repair to any other Ports or Places, the Chinese Government Officers shall be at liberty to seize and confiscate both Vessels and Cargoes.

ARTICLE VI. It is agreed that the English Merchants and others residing at or resorting to the Five Ports to be opened, shall not go into the surrounding Country beyond certain short Distances to be named by the Local Authorities in concert with the British Consul, and on no pretence for Purposes of Traffic. Seamen and Persons belonging to the Ships shall only be allowed to land under Authority and Rules which will be fixed by the Consul in communication with the Local Officers; and should any Persons whatever infringe the Stipulations of this Article, and wander away into the Country, they shall be seized, and handed over to the British Consul for suitable Punishment.

ARTICLE IX. If lawless Natives of China, having committed Crimes or Offences against their own Government, shall flee to Hongkong, or to the English Ships of War or English Merchant Ships for refuge, they shall, if discovered by the English Officers, be handed over at once to the Chinese Officers for Trial and Punishment; or if, before such Discovery be made by the English Officers, it should be ascertained or suspected by the Officers of the Government of China whither such Criminals and Offenders have fled, a communication shall be made to the proper English Officer, in order that the said Criminals and Offenders may be rigidly searched for, seized, and, on Proof or Admission of their Guilt, delivered up.

ARTICLE X.-At each of the Five Ports to be opened to British Merchants, one English Cruiser will be stationed to enforce good Order and Discipline amongst the Crews of Merchant Shipping, and to support the necessary Authority of the Consul over British Subjects. The Crews of such Ship of War will be carefully restrained by the Officer commanding the Vessel, and they will be subject to all the Rules re- garding going on shore and straying into the Country that are already laid down for the Crews of Merchant Vessels.

ARTICLE XI.-The Ports of Chusan and Koolungsoo will be withdrawn as provided for in the Treaty of perpetual Peace and Friendship, the moment all the Moneys stipulated for in that Treaty shall be paid; and the British Plenipotentiary distinctly and voluntarily agrees that all Dwelling-houses, Store-houses, Barracks, and other Buildings, that the British Troops or People may have occupied or intermediately built or repaired, be handed over, on the Evacuation of the Ports, exactly as they stand, to the Chinese Authorities, so as to prevent any pretence for Delay, or the slightest occasion for Discussion or Dispute on those Points.

ARTICLE XII.--A fair and regular Tariff of Duties and other Dues having now been established, it is to be hoped that the system of Smuggling, which has heretofore been carried on between English and Chinese Merchants, in many cases with the open Connivance and Collusion of the Chinese Custom-house Officers, will entirely cease, and the most peremptory Proclamation to all English Merchants has been al- ready issued on this subject by the British Plenipotentiary, who will also instruct the different Consuls to strictly watch over and carefully scrutinize the conduct of all Persons being British Subjects trading under his Superintendence. In any positive instance of Smuggling Transactions coming to the Consul's knowledge, he will instant- ly apprize the Chinese Authorities of the Fact, and they will proceed to seize and confiscate all Goods, whatever their Value or Nature, that may have been so smuggled, and will also be at liberty, if they see fit, to prohibit the Ship from which the smuggled Goods were landed from trading further, and to send her away as soon as her Accounts are adjusted and paid.

GENERAL REGULATIONS.

UNDER WHICH THE BRITISH TRADE IS TO BE CONDUCTED AT THE FIVE PORTS OF CANTON, AMOY, FUCHOW, NINGFO, and Shanghae,

I. Pilots to be I. PILOTS.-Whenever a British Merchantman shall arrive off any of the Five imme- Ports opened to trade, viz: Canton, Amoy, Fuchow, Ningpo, or Shanghae, Pilots shall be allowed to take her immediately into Port; and in like manner, when such British Ship shall have settled all legal Duties and Charges, and is about to return home, Pilots shall be immediately granted to take her out to Sea, without any Stop- page or Delay.

And remunera-

Regarding the Remuneration to be given these Pilots, that will be equitably settled tion to be settled at by the British Consul appointed to each particular Port, who will determine it with each Port.

due reference to the Distance gone over, the Risk run, &c.

J. Oneortwo Cus-

II. CUSTOM-HOUSE GUARDS.-The Chinese Superintendent of Customs at each tom-house Guards Port will adopt the Means that he may judge most proper to prevent the Revenue to be attached to suffering by Fraud or Smuggling. Whenever the Pilot shall have brought any British each Ship. Merchantman into Port, the Superintendent of Customs will depute one or two trusty Custom-house Officers, whose Duty it will be to watch against Frauds on the Revenue. These will either live in a Boat of their own, or stay on board the English Ship, as may best suit their Convenience. Their Food and Expenses will be supplied them No Fees to be from day to day from the Custom-house, and they may not exact any Fees whatever charged for their from either the Commander or Consignee. Should they violate this Regulation, they Maintenance.

shall be punished proportionately to the Amount so exacted. -

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