having entered the service of, Her Britannic Majesty, or of Her Majesty's officers; and His Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.

ARTICLE X.

His Majesty the Emperor of China agrees to establish at all the ports which are, by Article II. of this Treaty, to be thrown open for the resort of British merchants, a fair and regular tariff of export and import Customs and other dues, which Tariff shall be publicly notified and promulgated for general information; and the Emperor further engages, that when British merchandise shall have been once paid at any of the said ports the regulated customs and dues, agreeable to the Tariff to be hereafter fixed, such merchandise may be conveyed by Chinese merchants to any province or city in the interior of the Empire of China, on paying a further amount as transit duties, which shall not exceed value of such goods.

*

ARTICLE XI.

per cent. on the tariff

It is agreed that Her Britannic Majesty's Chief High Officer in China shall correspond with the Chinese High Officers, both at the capital and in the Provinces, under the term "communication"; the subordinate British Officers and Chinese High Officers in the Provinces, under the terms "statement" on the part of the former, and on the part of the latter, "declaration"; and the subordinates of both countries on a footing of perfect equality; merchants and others not holding official situations, and therefore not included in the above, on both sides, to use the term "representation" in all papers addressed to, or intended for the notice of, the respective Governments.

ARTICLE XII.

On the assent of the Emperor of China to this Treaty being received, and the discharge of the first instalment of money, Her Britannic Majesty's forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the trade of China. The military post at Chinhai will also be withdrawn; but the Islands of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty's forces until the money payments, and the arrangements for opening the ports to British merchants, be completed.

* See Declaration on this subject, which follows the Treaty.

The ratification of this Treaty by Her Majesty the Queen of Great Britain, etc., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will admit; but in the mean time, counterpart copies of it, signed and sealed by the Plenipotentiaries on behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions and arrangements shall take effect.

Done at Nanking, and signed and sealed by the Plenipotentiaries on board Her Majesty's ship Cornwallis this twenty-ninth day of August, one thousand eight hundred and forty-two; corresponding with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second year of Taoukwang.

(L.S.)

HENRY POTTInger,

Her Majesty's Plenipotentiary. Seal of the Chinese High Commissioner. Signature of 3rd Chinese Plenipotentiary. Signature of 2nd Chinese Plenipotentiary. Signature of 1st Chinese Plenipotentiary.

Supplementary Treaty between Her Majesty and the Emperor of China, signed at Hoomun-Chae, October 8, 1843.

WHEREAS a Treaty of perpetual Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, was concluded at Nankin, and signed on board Her said Majesty's ship Cornwallis on the 29th day of August, A.D. 1842, corresponding with the Chinese date of the 24th day of the 7th month, of the 22nd year of Taoukwang, of which said Treaty of perpetual Peace and Friendship, the ratifications, under the respective Seals and Signs Manual of the Queen of Great Britain, etc., and the Emperor of China, were duly exchanged at Hong Kong on the 26th day of June, A.D. 1843, corresponding with the Chinese date the 29th day of the 5th month, in the 23rd year of Taoukwang; and whereas in the said Treaty it was provided (amongst other things), that the five ports of Canton, Foo-chow-foo, Amoy, Ningpo, and Shanghai, should be thrown open for the resort and residence of British merchants, and that a fair and regular tariff of export and import duties, and other dues, should be established at such ports; and whereas various other matters of detail, connected with, and bearing relation to, the said Treaty of perpetual Peace and Friendship, have been since under

the mutual discussion and consideration of the Plenipotentiary and accredited Commissioners of the High Contracting Parties; and the said tariff and details having been now finally examined into, adjusted, and agreed upon, it has been determined to arrange and record them in the form of a Supplementary Treaty of Articles, which Articles shall be held to be as binding, and of the same efficacy, as though they had been inserted in the original Treaty of perpetual Peace and Friendship.

ARTICLE I.

The Tariff of Export and Import Duties, which is hereunto attached, under the seals and signatures of the respective Plenipotentiary and Commissioners, shall henceforward be in force at the five ports of Canton, Foo-chow-foo, Amoy, Ningpo, and Shanghai.

ARTICLE II.

The General Regulations of Trade, which are hereunto attached, under the seals and signatures of the Respective Plenipotentiary and Commissioners, shall henceforward be in force at the five aforenamed ports.

ARTICLE III.

All penalties enforced or confiscations made under the third clause of the said General Regulations of Trade, shall belong and be appropriated to the public service of the Government of China.

ARTICLE IV.

After the five ports of Canton, Foo-chow, Amoy, Ningpo, and Shanghai, shall be thrown open, English merchants shall be allowed to trade only at those five ports. Neither shall they repair to any other ports or places, nor will the Chinese people at any other ports or places be permitted to trade with them. If English merchantvessels 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; and should Chinese people be discovered clandestinely dealing with English merchants at any other ports or places, they shall be punished by the Chinese Government in such manner as the law may direct.

ARTICLE V.

The fourth clause of the General Regulations of Trade, on the subject of commercial dealings and debts between English and

Chinese merchants, is to be clearly understood to be applicable to both parties.

ARTICLE VI.

It is agreed that 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 punish

ment.

ARTICLE VII.

The Treaty of perpetual Peace and Friendship provides for British subjects and their families residing at the cities and towns of Canton, Foo-chow, Amoy, Ningpo, and Shanghai, without molestation or restraint. It is accordingly determined that ground and houses, the rent or price of which is to be fairly and equitably arranged for, according to the rates prevailing amongst the people, without exaction on either side, shall be set apart by the local officers, in communication with the Consul, and the number of houses built, or rented, will be reported annually to the said local officers by the Consul, for the information of their respective Viceroys and Governors; but the number cannot be limited, seeing that it will be greater or less according to the resort of merchants.

ARTICLE VIII.

The Emperor of China having been graciously pleased to grant to all foreign countries whose subjects or citizens have hitherto traded at Canton, the privilege of resorting for purposes of trade to the other four ports of Foo-chow, Amoy, Ningpo, and Shanghai, on the same terms as the English, it is further agreed, that should the Emperor hereafter, from any cause whatever, be pleased to grant additional privileges or immunities to any of the subjects or citizens of such foreign countries, the same privileges and immunities will be extended to, and enjoyed by, British subjects; but it is to be understood that demands or requests are not on this plea to be unnecessarily brought forward.

VOL. II.

20

ARTICLE IX.

If lawless natives of China, having committed crimes or offences against their own Government, shall flee to Hong Kong, 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. In like manner, if any soldier or sailor, or any other person, whatever his caste or country, who is a subject of the Crown of England, shall, from any cause or on any pretence, desert, fly, or escape into the Chinese territory, such soldier or sailor, or other person, shall be apprehended and confined by the Chinese authorities, and sent to the nearest British Consular or other Government officer. In neither case shall concealment or refuge be afforded.

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 crew of such ship of war will be carefully restrained by the officer commanding the vessel, and they will be subject to all the rules regarding going on shore, and straying into the country, that are already laid down for the crews of merchant-vessels. Whenever it may be necessary to relieve such ships of war by another, intimation of that intention will be communicated by the Consul, or by the British Superintendent of Trade, where circumstances will permit, to the local Chinese authorities, lest the appearance of an additional ship should excite misgivings amongst the people; and the Chinese cruisers are to offer no hindrance to such relieving ship, nor is she to be considered liable to any port-charges, or other rules laid down in the General Regulations of Trade, seeing that British ships of war never trade in any shape.

ARTICLE XI.

The post of Chusan and Koolangsoo will be withdrawn, as provided for in the Treaty of perpetual Peace and Friendship, the moment all the monies stipulated for in that Treaty shall be paid;