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, shall be handed over, on the evacuation of the posts, 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 already 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 instantly apprise 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. The Chinese Government officers will, at the same time, adopt whatever measures they may think fit with regard to the Chinese merchants and Custom-house officers who may be discovered to be concerned in smuggling.

ARTICLE XIII.

All persons, whether natives of China or otherwise, who may wish to convey goods from any one of the five ports of Canton, Foochow-foo, Amoy, Ningpo, and Shanghai, to Hong Kong, for sale or consumption, shall be at full and perfect liberty to do so, on paying the duties on such goods, and obtaining a pass, or post-clearance, from the Chinese Custom-house at one of the said ports. Should natives of China wish to repair to Hong Kong to purchase goods, they shall have free and full permission to do so; and should they required a Chinese vessel to carry away their purchases, they must obtain a pass, or port-clearance, for her at the Custom-house of the port whence the vessel may sail for Hong Kong. It is further settled, that in all

cases these passes are to be returned to the officers of the Chinese Government, as soon as the trip for which they may be granted shall be completed.

ARTICLE XIV.

An English officer will be appointed at Hong Kong, one part of whose duty will be to examine the registers and passes of all Chinese vessels that may repair to that port to buy or sell goods; and should such officer at any time find that any Chinese merchant-vessel has not a pass, or register, from one of the five ports, she is to be considered as an unauthorized or smuggling vessel, and is not to be allowed to trade, whilst a report of the circumstance is to be made to the Chinese authorities. By this arrangement, it is to be hoped that piracy and illegal traffic will be effectually prevented.

ARTICLE XV.

Should natives of India who may repair to Hong Kong to trade, incur debts there, the recovery of such debts must be arranged for by the English Courts of Justice on the spot; but if the Chinese debtor shall abscond, and be known to have property, real or personal, within the Chinese territory, the rule laid down in the fourth clause of the General Regulations for Trade shall be applied to the case; and it will be the duty of the Chinese Authorities, on application by, and in concert with, the British Consuls, to do their utmost to see justice done between the parties. On the same principle, should a British merchant incur debts at any of the five ports, and fly to Hong Kong, the British authorities will, on receiving an application from the Chinese Government officers, accompanied by statements and full proofs of the debts, institute an investigation into the claims, and, when established, oblige the defaulter or debtor to settle them to the utmost of his means.

ARTICLE XVI.

It is agreed that the Custom-house officers at the five ports shall make a monthly return to Canton, of the passes granted to vessels proceeding to Hong Kong, together with the nature of their cargoes; and a copy of these returns will be embodied in one return, and communicated once a month to the proper English officer at Hong Kong. The said English officer will, on his part, make a similar return or communication to the Chinese authorities at Canton, showing the names of Chinese vessels arrived at Hong Kong, or departed from that port, with the nature of their cargoes; and the Canton authorities will apprise the Custom-houses at the five

ports, in order that, by these arrangements and precautions, all clandestine and illegal trade, under the cover of passes, may be

averted.

XVII., OR ADDITIONAL ARTICLE.

Relating to British Small Craft.

Various small vessels belonging to the English nation, called schooners, cutters, lorchas, etc., etc., have not hitherto been chargeable with tonnage dues. It is now agreed, in relation to this class of vessels, which ply between Hong Kong and the city, and the city and Macao, that if they only carry passengers, letters, and baggage, they shall, as heretofore, pay no tonnage dues; but if these small craft carry any dutiable articles, no matter how small the quantity may be, they ought, in principle, to pay their full tonnage dues. But this class of small craft are not like the large ships which are engaged in foreign trade; they are constantly coming and going; they make several trips a month, and are not like the large foreign ships, which, on entering the port, cast anchor at Whampoa. If we were to place them on the same footing as the large foreign ships, the charge would fall unequally; therefore, after this, the smallest of these craft shall be rated at 75 tons, and the largest not to exceed 150 tons; whenever they enter the port (or leave the port with cargo), they shall pay tonnage dues at the rate of one mace per ton register. If not so large as 75 tons, they shall still be considered and charged as of 75 tons; and if they exceed 150 tons, they shall be considered as large foreign ships, and, like them, charged tonnage dues, at the rate of five mace per register ton. Foo-chow and the other ports having none of this kind of intercourse, and none of this kind of small craft, it would be unnecessary to make any arrangement as regards them.

The following are the rules by which they are to be regulated:

1st. Every British schooner, cutter, lorcha, etc., shall have a sailing letter or register in Chinese and English, under the seal and signature of the Chief Superintendent of Trade, describing her appearance, burden, etc., etc.

2nd. Every schooner, lorcha, and such vessel, shall report her

self, as large vessels are required to do, at the Bocca Tigris; and when she carries cargo, she shall also report herself at Whampoa, and shall, on reaching Canton, deliver up her sailing letter or register to the British Consul, who will obtain permission from the Hoppo for her to discharge her cargo, which she is not to do without such permission, under

the forfeiture of the penalties laid down in the 3rd clause of the General Regulations of Trade.

3rd. When the inward cargo is discharged, and an outward one (if intended) taken on board, and the duties on both

arranged and paid, the Consul will restore the register or

sailing letter, and allow the vessel to depart.

This Supplementary Treaty, to be attached to the original Treaty of Peace, consisting of sixteen Articles, and one Additional Article relating to small vessels, is now written out, forming, with its accompaniments, four pamphlets, and is formally signed and sealed by their Excellencies the British Plenipotentiary and the Chinese Imperial Commissioner, who, in the first instance, take two copies each, and exchange them, that their provisions may be immediately carried into effect. At the same time, each of these high functionaries, having taken his two copies, shall duly memorialize the Sovereign of his nation; but the two countries are differently situated as respects distance, so that the will of the one Sovereign can be known sooner than the will of the other. It is now therefore agreed, that on receiving the gracious assent of the Emperor in the Vermilion Pencil, the Imperial Commissioner will deliver the very document containing it into the hands of his Excellency Hwang, Judge of Canton, who will proceed to such place as the Plenipotentiary may appoint, and deliver it to the English Plenipotentiary to have and to hold. Afterwards, the Sign Manual of the Sovereign of England having been received at Hong Kong, likewise graciously assenting to and confirming the Treaty, the English Plenipotentiary will despatch a specially appointed officer to Canton, who will deliver the copy containing the Royal Sign Manual to his Excellency Hwang, who will forward it to the Imperial Commissioner, as a rule and a guide to both nations for ever, and as a solemn confirmation of our peace and friendship.

A most important Supplementary Treaty.

Signed and sealed at Hoomun-Chae, on the eighth day of October, 1843, corresponding with the Chinese date of the fifteenth day of the eighth moon, of the twenty-third year of Taoukwang. HENRY POTTINGER.

(L.S.)

Seal and Signature of the Chinese Plenipotentiary.

Convention signed at Bocca Tigris, April 4, 1846.

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, having, with a view to the settlement of all questions between the two

countries, and for the preservation of mutual harmony and good understanding, appointed as their Plenipotentiaries, that is to say, Her Majesty the Queen of Great Britain and Ireland, Sir John Francis Davis, a Baronet of the United Kingdom, Governor and Commander-in-chief of Her Majesty's Colony of Hong Kong, etc., and His Majesty the Emperor of China, the High Commissioner Keying, a Member of the Imperial House, a Cabinet Councillor, a Guardian of the Crown Prince, and Governor-General of the Two Kwang Provinces ;

The said Plenipotentiaries respectively have, in pursuance of the above-mentioned ends, and after communicating to each other their respective full Powers, and finding them to be in good and due form, agreed upon and concluded the following Articles :

1. His Majesty the Emperor of China having, on his own part, distinctly stated that when in the course of time mutual tranquillity shall have been insured, it will be safe and right to admit foreigners into the city of Canton, and the local authorities being for the present unable to coerce the people of that city, the Plenipotentiaries on either side mutually agree that the execution of the above measure shall be postponed to a more favourable period; but the claim of right is by no means yielded or abandoned on the part of Her Britannic Majesty.

2. British subjects shall in the meanwhile enjoy full liberty and protection in the neighbourhood, on the outside of the city of Canton, within certain limits fixed according to previous Treaty, comprising seventy localities of which the names were communicated by the district magistrates to the British Consul on the 21st of November, 1845. They may likewise make excursions on the two sides of the river where there are not numerous villages.

3. It is stipulated, on the part of His Majesty the Emperor of China, that on the evacuation of Chusan by Her Britannic Majesty's forces, the said island shall never be ceded to any other foreign Power.

4. Her Britannic Majesty consents, upon her part, in case of the attack of an invader, to protect Chusan and its dependencies, and to restore it to the possession of China as of old; but as this stipulation proceeds from the friendly alliance between the two nations, no pecuniary subsidies are to be due from China on this

account.

5. Upon the receipt of the sign-manual of His Majesty the Emperor of China to these presents, it is agreed, on account of the distance which separates the two countries, that the Island of Chusan shall be immediately delivered over to the Chinese authorities;