Slike strani
PDF
ePub

of the same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies, shall be liable to pay in like

cases.

[blocks in formation]

ARTICLE IV.

In case of the absence of the heirs, the same care shall be taken, provisionally, of such real or personal property, as would be taken in a like case of property belonging to the natives of the country until the lawful owner, or the person who has a right to sell the same according to Article 2, may take measures to receive or dispose of the inheritance.

Disputes to be decided by the local laws.

Property not yet withdrawn embraced.

Convention subject to ratification, &c.

ARTICLE V.

If any dispute should arise between different claimants to the same inheritance, they shall be decided, in the last resort, according to the laws, and by the judges of the country where the property is situated.

ARTICLE VI.

All the stipulations of the present Convention shall be obligatory in respect to property already inherited or bequeathed, but not yet withdrawn from the country where the same is situated at the signature of this Convention.

ARTICLE VII.

This Convention is concluded subject to the ratification of the President of the United States of America, by & with the advice and consent of their Senate, and of His Majesty the King of Wurttemburg, and the ratifications thereof shall be exchanged at Berlin, within the term of twelve months from the date of the signature hereof, or sooner if possible.

In witness whereof, the respective Plenipotentiaries have signed the above articles, as well in English as in German, and have thereto affixed their seals.

Done in triplicata, in the city of Berlin, on the tenth day of April, one thousand eight hundred & forty-four, in the 68th year of the Independence of the United States of America, and the twentyeighth of the reign of His Majesty the King of Wurttemberg.

HENRY WHEATON, (L. s.)

ihrer beweglichen Güter folgen, auch in Person sowohl als durch andern, welche an ihrer stelle handeln davon Besitz ergreifen und nach gut denken damit schalten können, ohne Andere Steuern zu bezahlen als solche, welchen die Einwohner des Landes, worin sich die genannten Güte befinden, bei gleichem Anlasse unterworfen sind

ARTIKEL IV.

Im Falle der abwesenheit der Erben, wird man hinsichtlich der erwöhnten beweglichen oder unbeweglichen Güten provizorisch ganz dieselbe Sorgfalt amwenden, welche man bei gleichen Anlasse, hinsichtlich der Güter der eingebornen angewendet hatte, bis der gesetzmassige Eigenthümer oder derjenige welcher nach Art. 2, das Recht hat: dieselben zu verkaufen Anordnungen zu treffen, für gut finden wird: um die Erbschaft anzutreten oder daruber zu verfügen.

ARTIKEL V.

Wenn sich Streitigkeiten zwischen verschiedenen rechtlichen Anspruch auf die Erbschaft habenden Prátendentem erheben, so werden dieselben in letzter Instanz nachdem Gesetzen und von den Richtern des Landes anschieden werden, in welchen das Object der Erbschaft sich befindet.

ARTIKEL VI.

Sammtliche in gegenwärtigem Vertrage, enthaltenen Bestimmungen, sollen auch im Ansehung solcher Vermögens Theile verbindliche Kraft haben welche zur Zeit der Unterzeichnung des gegenwärtigen Vertrags bereits angefallen, jedoch nach nicht wirklich exportirt sind.

ARTIKEL VII.

Gegenwärtiger Vertrag ist abgeschlossen worden vorbehaltlich der Ratification des Präsidenten der Vereinigten Staaten von Nord Amerika, nach und mit dem Rathe und der Einwilligung des nordamerikanischen Senats, und vorbehaltlich der Ratification Seiner Majestät des Königs von Würtemberg, und es soll die Auswechselung der Ratifications Urkünden innerhalb zwolf Monaten, vom Tage der Unterzeichnung des gegenwärtigen Vertrags angerechnet, oder früher wenn es moglich ist, zu Berlin stattfinden.

In Urkund dessen, haben die beiderseitigen Bevollmachtigten, oberstehende Artikel, sowohl in englischer als in deutscher Sprache unterzeichnet, und ihre Siegel beigedruckt.

Ausgestellt in drei Exemplaren, zu Berlin den zehnten April, Ein Tausend Acht Hundert Vier und Vierzig, im acht und sechszig sten Jahre der Unabhangigkeit der Vereinigten Staaten von Nord Amerika, und im act und zwansigsten Jahre der Regierung Seiner Majestät des Königs von Würtemberg.

FREIHERR VON MAUCLER, (L. s.)

July 3, 1844. Ratifications exchanged, Dec. 31, 1845. Proclamation of the President of the U.S.,

TREATY WITH CHINA.

THE United States of America and the Ta Tsing Empire, desiring to establish firm, lasting, and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace, amity, and commerce, the rules which April 18, 1846. shall in future be mutually observed in the intercourse of their respective countries:-For which most desirable object, the President of the United States has conferred full powers on their Commissioner Caleb Cushing, Envoy Extraordinary and Minister Plenipotentiary of the United States to China; and the August Sovereign of the Ta Tsing Empire on his Minister and Commissioner Extraordinary Tsiyeng, of the Imperial House, a vice Guardian of the Heir Apparent, Governor-general of the Two Kwang, and Superintendant General of the trade and foreign intercourse of the five ports.

[blocks in formation]

And the said Commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles:

ARTICLE I.

There shall be a perfect, permanent, universal peace, and a sincere and cordial amity, between the United States of America on the one part, and the Ta Tsing Empire on the other part, and between their people respectively, without exception of persons or places.

ARTICLE II.

Citizens of the United States resorting to China for the purposes of commerce will pay the duties of import and export prescribed in the Tariff, which is fixed by and made a part of this Treaty. They shall, in no case, be subject to other or higher duties than are or shall be required of the people of any other nation whatever. Fees and charges of every sort are wholly abolished, and officers of the revenue, who may be guilty of exaction, shall be punished according to the laws of China. If the Chinese Government desire to modify, in any respect, the said Tariff, such modification shall be made only in consultation with consuls or other functionaries thereto duly authorized in behalf of the United States, and with consent thereof. And if additional advantages or privileges of whatever description, be conceded hereafter by China to any other nation, the United States, and the citizens thereof, shall be entitled thereupon, to a complete, equal, and impartial participation in the same.

ARTICLE III.

The citizens of the United States are permitted to frequent the five ports of Kwang-chow, Amoy, Fuchow, Ningpo, and Shanghai, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandize to and from any foreign port and either of the said five ports, and from either of the said five ports to any other of them. But said vessels shall not unlawfully enter the other ports of China, nor carry on a clandestine and fraudulent trade along the coasts thereof. And any vessel belonging to a citizen of the United States, which violates this provision, shall, with her cargo, be subject to confiscation to the Chinese Government.

ARTICLE IV.

For the superintendence and regulation of the concerns of the citizens of the United States doing business at the said five ports, the Govern

ment of the United States may appoint consuls, or other officers, at the same, who shall be duly recognized as such by the officers of the Chinese Government, and shall hold official intercourse and correspondence with the latter, either personal or in writing, as occasions may require, on terms of equality and reciprocal respect. If disrespectfully treated or aggrieved in any way by the local authorities, said officers on the one hand shall have the right to make representation of the same to the superior officers of the Chinese Government, who will see that full inquiry and strict justice be had in the premises; and on the other hand, the said consuls will carefully avoid all acts of unnecessary offence to, or collision with, the officers and people of China.

ARTICLE V.

At each of the said five ports, citizens of the United States lawfully engaged in commerce, shall be permitted to import from their own or any other ports into China, and sell there, and purchase therein, and export to their own or any other ports, all manner of merchandize, of which the importation or exportation is not prohibited by this Treaty, paying the duties which are prescribed by the Tariff hereinbefore established, and no other charges whatsoever.

ARTICLE VI.

Whenever any merchant vessel belonging to the United States shall enter either of the said five ports for trade, her papers shall be lodged with the consul, or person charged with affairs, who will report the same to the Commissioner of Customs; and tonnage duty shall be paid on said vessel at the rate of five mace per ton, if she be over one hundred and fifty tons burden; and one mace per ton if she be of the burden of one hundred and fifty tons or under, according to the amount of her tonnage as specified in the register; said payment to be in full of the former charges of measurement and other fees, which are wholly abolished. And if any vessel, which having anchored at one of the said ports, and there paid tonnage duty, shall have occasion to go to any others of the said ports to complete the disposal of her cargo, the consul, or person charged with affairs, will report the same to the Commissioner of Customs, who, on the departure of the said vessel, will note in the port-clearance that the tonnage duties have been paid, and report the same to the other custom-houses; in which case on entering another port the said vessel will only pay duty there on her cargo, but shall not be subject to the payment of tonnage duty a second time.

ARTICLE VII.

No tonnage duty shall be required on boats belonging to citizens of the United States, employed in the conveyance of passengers, baggage, letters, and articles of provision, or others not subject to duty, to or from any of the five ports. All cargo-boats, however, conveying merchandize subject to duty, shall pay the regular tonnage duty of one mace per ton, provided they belong to citizens of the United States, but not if hired by them from subjects of China.

ARTICLE VIII.

Citizens of the United States, for their vessels bound in, shall be allowed to engage pilots, who will report said vessels at the passes, and take them into port; and, when the lawful duties have all been paid, they may engage pilots to leave port. It shall also be lawful for them to hire, at pleasure, servants, compradors, linguists, and writers, and passage or cargo boats, and to employ laborers, seamen, and persons for whatever necessary service, for a reasonable compensation, to be agreed VOL. VIII. 75

2Z2

[blocks in formation]

Custom-house officers to be appointed to

on by the parties, or settled by application to the consular officer of their government, without interference on the part of the local officers of the Chinese government.

ARTICLE IX.

Whenever merchant vessels belonging to the United States shall have entered port, the superintendent of customs will, if he see fit, appoint custom-house officers to guard said vessels, who may live on board the sels of U. S. on ship or their own boats, at their convenience; but provision for the subarrival, &c.

guard the ves

Proceedings of vessels of the

U. S. on their arrival in China.

Penalties for

discharging vessels without a permit.

Vessels departing within 48 hours, not to be subject to tonnage or other duties.

Appointment of officers to ascertain the

duties to be paid on goods imported.

sistence of said officers shall be made by the superintendent of customs, and they shall not be entitled to any allowance from the vessel or owner thereof; and they shall be subject to suitable punishment for any exaction practised by them in violation of this regulation.

ARTICLE X.

Whenever a merchant vessel belonging to the United States shall cast anchor in either of said ports, the supercargo, master, or consignee, will, within forty-eight hours, deposit the ship's papers in the hands of the consul or person charged with the affairs of the United States, who will cause to be communicated to the superintendent of customs a true report of the name and tonnage of such vessel, the names of her men, and of the cargo on board; which being done, the superintendent will give a permit for the discharge of her cargo.

And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars; and the goods so discharged without permit shall be subject to forfeiture to the Chinese government. But if the master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duties on such part only, and to proceed with the remainder to any other ports.

Or, if the master so desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he will not be subject to pay tonnage or other duties or charges, until, on his arrival at another port, he shall proceed to discharge cargo, when he will pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held to be due after the expiration of said forty-eight hours.

ARTICLE XI.

The superintendent of customs, in order to the collection of the pro per duties, will, on application made to him through the consul, appoint suitable officers, who shall proceed, in the presence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation, or laden for exportation on board any merchant vessel of the United States. And if Disputes as to dispute occur in regard to the value of goods subject to an ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not afterwards, be referred to the said consul to adjust with the superintendent of customs.

amount of du

ties, where and how settled.

Standards of weights and

measures.

ARTICLE XII.

Sets of standard balances, and also weights and measures, duly prepared, stamped, and sealed, according to the standard of the custom at Canton, shall be delivered by the superintendents of customs to the consuls at each of the five ports, to secure uniformity, and prevent confusion in measures and weights of merchandize.

« PrejšnjaNaprej »