Treaty of the Bogue
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 TAOU KWANG; 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, ill the 23rd year of TAOU KWANG; And WHEREAS in the said Treaty it was provided (amongst other things), that the five Ports of Canton, Fuchow-foo, Amoy, Ningpo and Shanghai should he 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 he established at such Ports; And WHEREAS various other matters of detail connected with, and hearing 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 n Supplementary Treaty of Articles, which Articles shall he 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.
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, Fuchowfoo, Amoy, Ningpo, and Shanghai.
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.
All penalties enforced or confiscations made under the III clause of the said General Regulations of Trade shall belong, and be appropriated, to the Public Service of the Government of China.
After the Five Ports of Canton, Fuchow, 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 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 filly other Ports or Places, they shall be punished by the Chinese Government in such manner as the Law may direct.
The IV 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.
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.
The Treaty of perpetual Peace and Friendship provides for British Subjects and their Families residing at the Cities and Towns of Canton, Fuchow, Amoy, Ningpo and Shanghai without molestation or restraint. It is accordingly determined, that ground and houses; the rent and price of which is to he 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 Officer 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.
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 Fuchow, 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.
If lawless Natives of China, having committed crimes, or Offences, against their own Government, shall flee to Hongkong or to the English Ships of War or English Merchant Ships for refuge; they shall, if discovered by the English Officers, be handed over 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, 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 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 else shall concealment or refuge be afforded.
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.
The Posts 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, 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.
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, using British Subjects, trading under his superintendence. In any positive instance of Smuggling transactions coming to the Consul's knowledge be 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.
All persons whether Natives of China., or otherwise, who may wish to convey Goods from anyone of the five Ports of Canton, Fuchowfoo, Amoy, Ningpo, and Shanghai to Hong Kong for sale or consumption, shall he at full and perfect liberty to do so on paying the duties on such Goods and obtaining a Pass or Port 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 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 sett1ed 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 he granted shall be completed.
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 unauthorised 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.
Should Natives of China 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 IV 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.
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.
Or Additional Article relating to British Small Craft.
Various small Vessels belonging to the English Nation, called Schooners, Cutters, Lorchas &:c. &c., 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 principal, 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 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. Fuchow, 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, &c. 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, burthen, &c. &c.
2nd. Every Schooner, Lorcha, and such Vessel, shall report herself, 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 III Clause of the General Regulations of Trade.
3rd. When the inward cargo is discharged and an outward one (if intended) taken ou 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 16 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 smile time, each of these High Functionaries having taken his two copies, shall duly memorialise 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 Chai on the Eighth day of October 1843, corresponding with the Chinese date of the Fifteenth day of the Eighth moon of the 23rd year of TAOU KWANG.
WHENEVER a British merchantman shall arrive off any of the five ports opened to trarde, viz., Canton, Fuchow, Amoy, Ningpo, or Shanghai, pilots shall be allowed to take her immediately into port; and in like manner, when such British ship shall have settled all legal duties and charges, and is about to return home, pilots shall be immediately granted to take her out to sea, without any stoppage or delay.
Regarding the remuneration to be given these pilots, that will be equitably settled by the British Consul appointed to each particular port, who determine it with due reference to the distance gone over, the risk run, &c.
The Chinese Superintendent of Customs at each port will adopt the means that he may judge most proper to prevent the revenue suffering by fraud or smuggling. Whenever the pilot shall have brought any British merchantman into port, the Superintendent of Customs will depute one or two trusty Customhouse officers, whose duty it will be to watch against frauds on the revenue. These will either live in a boat of their own, or stay on board the English ship, as may best suit their convenience. Their food and expenses will be supplied them from day to day from the Custom House, and they may not exact any fees whatever from either the Commander or Consignee. Should they violate this regulation, they shall be punished proportionately to the amount so exacted.
Whenever a British vessel shall hare cast anchor at any one of the above-mentioned ports, the captain will, within four and twenty hours after arrival, proceed to the British Consulate, and deposit his Ship's Papers, Bills of Lading, Manifest, &c., in the hands of the Consul; failing to do which, he will subject himself to a penalty of two hundred dollars.
For presenting a false manifest the penalty will be five hundred dollars.
For breaking bulk and commencing to discharge before due permission shall be obtained, the penalty will be five hundred dollars, and confiscation of the goods so discharged.
The Consul having taken possession of the Ship's Papers, will immediately send a written communication to the Superintendent of Customs, specifying the register tonnage of the ship, and the particulars of the Cargo she has on board; all of which being done in due form, permission will then be given to discharge, and the duties levied as provided for in the Tariff.
It having been stipulated that English merchants may trade with whatever native merchants they please, should any Chinese merchant fraudulently abscond or incur debts which lie is unable to discharge, the Chinese Authorities, upon complaint being made thereof, will of course do their utmost to bring the offender to justice; it must, however, be distinctly understood, that, if the defaulter really cannot be found, or be dead, or bankrupt, and there be not wherewithal to pay, the English Merchants may not appeal to the former custom of the Hong-Merchants paying for one another, and can no longer expect to have their losses made good to then).
Every English merchantman, on entering any one of the above-mentioned five ports, shall pay Tonnage Dues at the rate of five mace per Register-ton, in full of all charges. The fees formerly levied on entry and departure, of every description, are henceforth abolished.
Goods, whether imported into, or exported from, any one of the above-mentioned five ports, are henceforward to be taxed according to the Tariff as now fixed and agreed upon, and no further sums are to be levied beyond those which are specified in the Tariff. All duties incurred by an English Merchant Vessel, whether on goods imported or exported, or in the shape of Tonnage Dues, must first be paid up in full, which done, the Superintendent of Customs will grant a Port Clearance, and this being shown to the British Consul, he will thereupon return the ship's papers and permit the vessel to depart.
Every English merchant having cargo to load or discharge, must give due intimation thereof and hand particulars of the same to the Consul, who will immediately dispatch a recognised linguist of his own establishment to communicate the particulars to the Superintendent of Customs, that the goods may be duly examined and neither party subjected to loss. The English merchant must also have a properly qualified person on the spot to attend to his interests, when his goods are being examined for duty; otherwise, should there be complaints, these cannot be attended to.
Regarding such goods as are subject by the Tariff to an ad valorem duty, if the English merchant cannot agree with the Chinese officer on fixing a value, the each party shall call two or three Merchants to look at the goods, and the highest price, at which any of these Merchants would be willing to purchase, shall be assumed as the value of the goods.
To fix the tare on any article, such as tea: – if the English Merchant cannot agree with the Customhouse officer, then each party shall chose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average Tare upon these chests shall be assumed as the Tare upon the whole, and upon this principle shall the Tare be fixed upon all other goods in packages.
If there should still, be any disputed points which cannot be settled, the English Merchant may appeal to the Consul, who will communicate the particulars of the case to the Superintendent of the Customs, that it may be equitably arranged. But the appeal must be made on the same day, or it will not be regarded. While such points are still open, the Superintendent of Customs will delay to insert the same in his books, thus affording all opportunity that the merits of the case may be duly tried and sifted.
It is hereinbefore provided that every English vessel that enters anyone of the five Ports shall pay all Duties and Tonnage Dues before she be permitted to depart. The Superintendent of Customs will select certain shroffs, or banking establishments, of known stability, to whom he will give licences, authorising them to receive Duties from the English Merchants on behalf of Government, and the receipt of these Shroffs for any moneys paid them shall be considered as a Government Voucher. In the paying of these duties different kinds of foreign money may be made use of, but as foreign money is not of equal purity with sycee silver, the English Consuls appointed to the different ports will, according to time, place, and circumstances, arrange with the Superintendent of Customs at each, what coins may be taken in payment, and what percentage n1ay be necessary to make them equal to standard or pure silver.
Sets of balance yards for the weighing of goods, of money weights, and of measures, prepared in exact conformity to those hitherto in use at the Custom House of Canton, and duly stamped and sealed in proof thereof, will be kept in possession of the Superintendent of Customs, and also at the British Consulate, at each of the five Ports, and these shall be the standards by which all duties shall be charged, and all sums paid to Government. In case or any dispute arising between British Merchants and Chinese Officers of Customs regarding the weights or measures of goods, reference shall be made to these standards, and disputes decided accordingly.
Whenever any English merchant shall have to load or discharge cargo, he may hire whatever kind of Lighter or Cargo-boat he pleases, and the sum to be paid for such boat can be settled between the parties themselves without the interference of Government. The number of these boats shall not be limited, nor shall a monopoly of them be granted to any parties. If any smuggling take place in them, the offenders will of course be punished according to law. Should any of these boat-people while engaged in conveying goods for English Merchants, fraudulently abscond with the property, the Chinese authorities will do their best to apprehend them; but at the same time, the English merchants must take every clue precaution for the safety of their goods.
No English merchant ships may transship goods without special permission ; should any urgent case happen where transhipment is necessary, the circumstances must first he submitted to the Consul, who will give a certificate to that effect, and the Superintendent of Customs will then send a Special Officer to be present at the transhipment. If anyone presumes to tranship without such permission being asked for and obtained, the whole of the goods so illicitly transhipped will be confiscated.
At any place selected for the anchorage of the English merchant ships, there may be appointed a subordinate consular officer of approved good conduct to exercise due control over the seamen and others. He must exert himself to prevent quarrels between the English seamen and natives, this being of the utmost importance. Should anything of the kind unfortunately take place, he will in like manner do his best to arrange it amicably. When sailors go on shore to walk, officers shall be required to accompany them, and should disturbances take place such officers will be held responsible. The Chinese officers may not impede natives from coming alongside the ships to sell clothes or other necessaries to the sailors living on board.
Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance. The Consul will thereupon inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, he shall no less listen to his complaint and endeavour to settle it in a friendly manner. If an English merchant have occasion to address the Chinese authorities, he shall send such address through the Consul, who will see that the language is becoming; and if otherwise, will direct it to be changed, or will refuse to convey the address. If unfortunately any disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of a Chinese officer that they may together examine into the merits of the case, and decide it equitably. Regarding the punishment of English criminals, the English Government will enact the laws necessary to attain that end, and the Consul will be empowered to put them in force; and regarding the punishment of Chinese criminals, these will be tried and punished by their own laws, in the way provided for by the correspondence which took place at Nanking after the concluding of the peace.
An English government cruiser will anchor within each or the five Ports, that the Consul may have the means of Letter restraining sailors and others, and preventing disturbances. But these government cruisers are not to be put on the same footing as merchant vessels, for as they bring n merchandise and do not come to trade, they will of course pay neither dues nor charges. The resident Consul will keep the Superintendent of Customs duly informed of the arrival and departure of such government cruisers, that he may take his measures accordingly.
It has hitherto been the custom, when an English Vessel entered the Port of Canton that a Chinese Hong-Merchant stood security for her, and all duties and charges were paid through such Security Merchant. But these Security Merchants being now done away with, it is understood that the British Consul will henceforth be security for all British merchant ships entering any of the aforesaid five ports.