CHUSAN TO BE EVACUATED ON FULFILMENT OF TREATY. 87

and dues, agreeable to the Tariff to be hereafter fixed, such merchandize 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 per the tariff value of such goods.

cent. on

11th. "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 term '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 'representations' in all papers addressed to, or intended for the notice of the respective governments.

12th. "On the assent of the Emperor of China to this Treaty being received, and the discharge of the first instalment 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 The military post at Chinhai will also be withdrawn; but the islands of Kulang-su and that of Chusan will continue to be held by Her Majesty's forces until the money payments, and the ar、 rangements for opening the ports to British merchants, be completed.

13th. "The ratification of this treaty by Her Majesty the Queen of Britain, &c., 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 meantime, 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 Britannic Majesty's shipCornwallis,' this twenty-ninth day of August, 1842; corresponding with the Chinese date, twenty-fourth day of the seventh month, in the twentysecond year of Taoukwang.

"(L.S.) KIYING (in Tartar). "(L.S.) I'LIPU (in Tartar).

(L.S.) HENRY POTTINGER.

Approved and ratified by the Emperor on the 24th day of the 9th month, in the 22nd year of his reign, (Oct. 27th, 1842.)

Note. This treaty was ratified by Her Majesty, and the great seal affixed, on the 31st of December, 1842. The ratifications were exchanged at Hong Kong, June 26th, 1843."

This treaty was sufficiently restrictive, but under its first clause Englishmen could have gone to and resided in any part of China,

88

SUPPLEMENTARY TREATY OF 1842.

although trading residence would be confined to five ports. But the wily Tartar Keying took measures to counteract even this small advantage, and, at the same time, craftily devised a plan of isolating Hong Kong from freedom of intercourse with the opened ports. This was done by the following "supplemental treaty," on which further comment is reserved for the discussion on our present position in China.

Supplementary Treaty.

"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 Nanking, 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, &c., 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 fifth 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, Foochow-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 (seventeen) 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.

1st. "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, Fuhchoo-foo, Amoy, Ningpo, and Shanghai.

2nd. "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.

3rd. "All penalties enforced or confiscations made under the third clause of the said general regulations of trade, shall

CANTON CITY TO BE OPENED TO THE BRITISH.

89

belong, and be appropriated, to the public service of the government of China.

4th. "After the five ports of Canton, Foochow, 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 port or places, nor will the Chinese people at any other port or places be permitted to trade with them. If English merchant 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; 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.

5th. "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.

6th. "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 punishment.

7th. "The treaty of perpetual peace and friendship provides for British subjects and their families residing at the cities and towns of Canton, Foochow, 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.

8th. "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 Fuhchoo, Amoy, Ningpo, and Shanghai, on the same terms as the English; it is further agreed

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A SHIP OF WAR TO BE AT EACH OPEN PORT.

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.

9th. "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, 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 terrritory, 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.

10th. "At each of the five ports to be opened to British merchants, one English cruizer 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 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 ship 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 cruizers are to offer no hindrance to such relieving ship, nor is she to be considered liable to any port charges or rules laid down in the General Regulations of Trade, seeing that British ships of war never trade in any shape.

11th. "The posts 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, storehouses, barracks, and other buildings that the British troops or people may have occupied or intermediately built or repaired, shall be handed over on the eva

HONG KONG ISOLATED FROM THE OPEN PORTS.

91

cuation 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.

12th. "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 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. 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.

13th. "All persons, whether natives of China or otherwise, who may wish to convey goods from one of the five ports of Canton, Fuhchoo-fú, Amoy, Ningpo, and Shánghái, 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 portclearance 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 require 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.*

14th. "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

* In the Chinese this sentence follows "At other ports in the four provinces of Kwangtung, Fukien, Kiangsu and Chekiang, such as Chapu and other places, which are not open marts, Chinese merchants are not to presume to ask permits to go to and from Hong Kong. And if they do thus, the magistrate of Kanlung and the English officers, are jointly at the time to make investigation and report."