To the prevention of farther misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamên shall address a circular to the Legations, inviting Foreign Representatives to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries, and as would be shown to Chinese Agents so serving abroad.

The fact that China is about to establish Missions and Consulates abroad renders an understanding on these points essential.

(ii.) The British Treaty of 1858, Article XVI., lays down that "Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China.

"British subjects who may commit any crime in China shall be tried and punished by the Consul, or any other public functionary authorized thereto, according to the laws of Great Britain.

"Justice shall be equitably and impartially administered on both sides."

The words "functionary authorized thereto " are translated in

the Chinese text "British Government."

In order to the fulfilment of its Treaty obligations, the British Government has established a Supreme Court at Shanghai, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghai a Mixed Court; but the officer presiding over it, either from lack of power, or dread of unpopularity, constantly fails to enforce his judgments.

It is now understood that the Tsung-li Yamên will write a circular to the Legations, inviting Foreign Representatives at once to consider with the Tsung-li Yamên the measures needed for the more effective administration of justice at the ports open to trade.

(iii.) It is agreed that, whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation.

To the prevention of misunderstanding on this point, Sir Thomas Wade will write a Note to the above effect, to which the Tsung-li Yamên will reply, affirming that this is the course of proceeding to be adhered to for the time to come.

It is farther understood that so long as the laws of the two countries differ from each other, there can be but one principle to

guide judicial proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality; the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice. If the officer so attending be dissatisfied with the proceedings, it will be in his power to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case. This is the meaning of the words hui tung, indicating combined action in judicial proceedings, in Article XVI. of the Treaty of Tientsin; and this is the course to be respectively followed by the officers of either nationality.

SECTION III.-Trade.

(i.) With reference to the area within which, according to the treaties in force, likin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade agrees to move his Government to allow the ground rented by foreigners (the so-called Concessions) at the different ports, to be regarded as the area of exemption from likin; and the Government of China will thereupon allow I-ch'ang in the province of Hu-Pei, Wu-hu in An-Hui, Wên-chow in CheKiang, and Pei-hai (Pak-hoi) in Kwang-Tung, to be added to the number of ports open to trade, and to become Consular stations. The British Government will farther be free to send officers to reside at Ch'ung K'ing, to watch the conditions of British trade in SsuCh'uen. British merchants will not be allowed to reside at Ch'ung K'ing, or to open establishments or warehouses there, so long as no steamers have access to the port. When steamers have succeeded in ascending the river so far, farther arrangements can be taken into consideration.

It is farther proposed as a measure of compromise that at certain points on the shore of the Great River, namely Ta-t'ung, and NganChing, in the province of An-Hui; Hu-K'ou, in Kiang-Si; Wu-suëh, Lu-chi-k'ou, and Sha-shih, in Hu Kuang; these being all places of trade in the interior, at which, as they are not open ports, foreign merchants are not legally authorized* to land or ship goods, steamers shall be allowed to touch for the purpose of landing or shipping passengers or goods; but in all instances by means of native boats only, and subject to the regulations in force affecting native trade.

Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, but may not be landed by them for sale. And at all such points, except in the case of imports accom

* N.B. In the Chinese text, this sentence reads: . . . are not authorized, according to the Yangtsze Regulations, to land and ship, etc.

panied by a transit duty certificate, or exports similarly certificated, which will be severally passed free of likin on exhibition of such certificates, likin will be duly collected on all goods whatever by the native authorities. Foreign merchants will not be authorized to reside or open houses of business or warehouses at the places enumerated as ports of call.

(ii.) At all ports opened to trade, whether by earlier or later agreement, at which no settlement area has been previously defined, it will be the duty of the British Consul, acting in concert with his colleagues, the Consuls of other Powers, to come to an understanding with the local authorities regarding the definition of the foreign settlement area.

(iii.) On opium, Sir Thomas Wade will move his Government to sanction an arrangement different from that affecting other imports. British merchants, when opium is brought into port, will be obliged to have it taken cognizance of by the Customs, and deposited in bond, either in a warehouse or a receiving hulk, until such time as there is a sale for it. The importer will then pay the tariff duty upon it, and the purchasers the likin; in order to the prevention of the evasion of the duty. The amount of likin to be collected will be decided by the different Provincial Governments, according to the circumstances of each.

(iv.) The Chinese Government agrees that Transit Duty certificates shall be framed under one rule at all ports, no difference being made in the conditions set forth therein; and that so far as imports are concerned, the nationality of the person possessing and carrying these is immaterial. Native produce carried from an Inland Centre to a Port of Shipment, if bona fide intended for shipment to a foreign port, may be, by treaty, certificated by the British subject interested, and exempted by payment of the halfduty from all charges demanded upon it en route. If produce be not the property of a British subject, or is being carried to a port not for exportation, it is not entitled to the exemption that would be secured it by the exhibition of a Transit Duty Certificate. The British Minister is prepared to agree with the Tsung-li Yamên upon rules that will secure the Chinese Government against abuse of the privilege as affecting produce.

The words nei ti, inland, in the clause of Article VII. of the Rules appended to the Tariff, regarding carriage of imports inland, and of native produce purchased inland, apply as much to places on the sea coasts and river shores, as to places in the interior not open to foreign trade; the Chinese Government having the right to make arrangements for the prevention of abuses thereat.

(v.) Article XLV. of the Treaty of 1858 prescribes no limit to the term within which a drawback may be claimed upon duty paid Imports. The British Minister agrees to a term of three years, after expiry of which no drawback shall be claimed.

(vi.) The foregoing stipulation, that certain ports are to be opened to foreign trade, and that landing and shipping of goods at six places on the Great River is to be sanctioned, shall be given effect to within six months after receipt of the Imperial Decree approving the Memorial of the Grand Secretary Li. The date for giving effect to the stipulations affecting exemption of imports from likin taxation within the foreign settlements, and the collection of likin upon opium by the Customs' Inspectorate at the same time as the Tariff duty upon it, will be fixed as soon as the British Government has arrived at an understanding on the subject with other foreign Governments.

(vii.) The Governor of Hongkong having long complained of the interference of the Canton Customs' Revenue Cruisers with the junk trade of that Colony, the Chinese Government agrees to the appointment of a Commission, to consist of a British Consul, an officer of the Hongkong Government, and a Chinese official of equal rank, in order to the establishment of some system that shall enable the Chinese Government to protect its revenue, without prejudice to the interests of the Colony.

SEPARATE ARTICLE.

Her Majesty's Government having it in contemplation to send a Mission of exploration next year by way of Peking through KanSu and Koko-Nor, or by way of Ssu-Ch'uen to Thibet, and thence to India, the Tsung-li Yamên, having due regard to the circumstances, will, when the time arrives, issue the necessary passports, and will address letters to the high provincial authorities, and to the Resident in Thibet. If the Mission should not be sent by these routes, but should be proceeding across the Indian frontier to Thibet, the Tsung-li Yamên, on receipt of a communication to the above effect from the British Minister, will write to the Chinese Resident in Thibet, and the Resident, with due regard to the circumstances, will send officers to take due care of the Mission; and passports for the Mission will be issued by the Tsung-li Yamên, that its passage be not obstructed.

Done at Chefoo, in the Province of Shan Tung, this thirteenth day of September, in the year of our Lord one thousand eight hundred and seventy-six.

(L.S.) (Signed)

(L.S.) (Signed)

THOMAS FRANCIS WADE.

CHINESE PLENIPOTENTIARY.

Treaty between Russia and China concerning the Re-establishment of the Authority of the Chinese Government in Ili.

His Majesty the Emperor and Autocrat of All the Russias and His Majesty the Emperor of China, being desirous of settling certain frontier questions concerning the interests of both Empires, and of drawing closer the friendly relations between the two countries, have named as their Plenipotentiaries, in order to arrive at an understanding on these questions :

His Majesty the Emperor of All the Russias, his Secretary of State, Nicolas de Giers, Senator, Actual Privy Councillor, in charge of the Imperial Ministry for Foreign Affairs; and his Envoy Extraordinary and Minister Plenipotentiary at the Court of China, Eugene de Butzow, Actual Councillor of State;

And His Majesty the Emperor of China, Tsêng, Marquis of Neyoung, Vice-President of the High Court of Justice, his Envoy Extraordinary and Minister Plenipotentiary at the Court of Russia, intrusted with special powers to sign the present Treaty as Ambassador Extraordinary.

The aforesaid Plenipotentiaries, intrusted with full powers, which have been found sufficient, have agreed to the following stipulations :

ARTICLE I.

His Majesty the Emperor of All the Russias consents to the re-establishment of the Chinese Government in the country of Ili, which has been temporarily occupied, since 1871, by the Russian forces.

Russia remains in possession of the western part of that country, within the limits indicated by Article VII. of the present Treaty.

ARTICLE II.

His Majesty the Emperor of China undertakes to issue the necessary Decrees, in order that the inhabitants of Ili, to whatever race or religion they may belong, may be freed from all liability, whether as concerns their persons or their property, for acts committed during or after the disorders which have taken place in that country.

A Proclamation in conformity with this undertaking will be addressed by the Chinese authorities, in the name of His Majesty the Emperor of China, to the people of Ili, before that country is made over to the said authorities.