« SebelumnyaLanjutkan »
BANGKOK.-J. H. CHANDLER, Consul.
FEBRUARY 8, 1862.
I have the honor of transmitting the accompanying (Prussian) treaty of amity and navigation between the states of German customs' and commercial union and the grand duchies of Mecklenburg Schwerin and Mecklenburg Strelitz on the one part, and the kingdom of Siam on the other. There are several very important advantages gained by this treaty over all others.
1st. Servants as hired laborers can be held by German employers, should they wish to do so. for three months after their master has called for them. All former treaties required their immediate delivery. It is extremely difficult to find their masters and engage their services, according to former treaties, and employers have suffered great injury in their business in being suddenly deprived of important services rendered by a Siamese employé.-(See article 6.) 2d. The privilege of purchasing land immediately after the arrival of German subjects, up to the new canal around the city, on the east side of the river, and from the mouths of said canal opposite on the west bank to a circuit of two miles back. Former treaties restricted such purchases to a circuit of four English miles, and no purchases of land could be made by a foreigner within four miles of the city, except on a ten years' residence in the country, or special permission of the Siamese government. This concession on the part of the Siamese government is about equal to abrogating what is called in other treaties the four-mile limits, for very few foreigners will ever establish themselves within the present restricted limits.-(See article 8.)
3d. The right on the part of the Siamese government to prohibit the exportation of rice, salt, and fish, when a famine is anticipated, is greatly modified. The right now extends only to rice, and all vessels leaving China and Singapore without any knowledge of a prohibition having been issued, are entitled to purchase rice, if they wish and there is any in the market. This is the most important concession that has been made since the English treaty of 1856.— (See article 21.)
Farms and monopolies still exist, and there is great need of reforms and treaty stipulations to break them up. Some branches of trade are very much clogged and injured by them.
The privilege granted in this treaty and some others of allowing citizens or subjects, in the absence of their consular officers, to have recourse to a consul of a friendly power, amounts to but little. In claims or charges against Siamese subjects it will be of some service, but until something more is done by the treaty powers, persons putting themselves under the consul of a friendly power, and secking their aid, will only acquiesce in decisions in their favor. I have not been able to secure just claims under this stipulation. It is, so far as I can see, simply a concession or privilege to Europeans and Americans, without any effectual means of deriving advantages from it among themselves.
Having the most favored nation clause in our treaty, we are entitled to every advantage that may be conceded to other nations. As the Siamese become better acquainted with the laws of trade, they will undoubtedly consent to the breaking up of monopolies, and conform more and more to the usages of other
Treaty of February 7, 1862, between Prussia and Siam, (English text.) His Majesty the King of Prussia, in his own name and as representing the sovereign states and territories united to the Prussian system of customs and
imports, that is to say, Luxemburg, Anhalt Dessau, Kothen Anhalt Bernburg, Woldeck and Pyrmount, Lippi and Meisenheim, as well as on behalf of the other states belonging to the German Zollverein, namely: Bavaria, Saxony, Hanover, Wurtemburg, Baden, Electoral Hesse, Grand Ducal Hesse, (the bailiwick of Hamburg included,) the states forming the Thuringian customs and commercial union, to wit: Saxe Weimar, Eisenalt, Saxe Meiningen, Saxe Altenberg, Saxe Coburg Gotha, Schwarzburg Rudolstadt, Schwarzburg Sondershausen, the elder branch of Reuss, and the younger branch of Reuss Brunswick, Oldenburg, Nassau, and the free town of Frankfort, as likewise in the name of the grand duchies of Mecklenburg Schwerin and Mecklenburg Strelitz, on the one part, and their Majesties Phra Bard Somdetch Phra Paramered Maha Mougkut Phra Chom Klan Chad Yu Hua, the first King of Siam, and Phra Bard Somdetch Phra Paramered Ramen Mahiswaruss Phra Pinklan Chan Ya Hua, the second King of Siam, on the other part, being sincerely desirous to establish friendly relations between the aforenamed states and Siam, have resolved to secure the same by a treaty of peace and commerce, mutually advantageous and profitable to the subjects of the high contracting powers; and for this purpose have named their plenipotentiaries-his Majesty the King of Prussia, the Chamberlain Frederick Albert, Count of Enemburg, his envoy extraordinary and minister plenipotentiary, knight of the order of the Red Eagle and of the order of St. John, and their Majesties the first and second Kings of Siam, his royal highness Prince Krow Hlaang Wougsa Teerat Suidt; his lordship Chow Phya Suriwong Sanmha Pua Krulahorne, commander-in-chief of the forces and governor general of the southwestern provinces; his lordship Chow Phya Rawrevong Maha Kosatiboder, minister of foreign affairs and governor general of the eastern coast of the Gulf of Siam; his lordship Chow Phya Yomarat, governor of the city of Bangkok and its vicinities; his excellency Phya Montree Prahralahorne Fighnear, governor general of the northern provinces, who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon the following articles:
ARTICLE 1. Between the contracting German states and their Majesties the first and second Kings of Siam, their heirs and successors, as well as between their respective subjects, there shall be constant peace and perpetual amity. The subjects of each of the high contracting parties shall enjoy in the dominions of the other full security of person and property. There shall be full and entire freedom of commerce and navigation for the subjects and vessels of the high contracting powers in every portion of their respective territories where trade and navigation are actually allowed, or may be hereafter allowed, to the subjects
or vessels of the most favored nations.
ART. 2. The high contracting powers recognize reciprocally their right to appoint consuls general, consuls, vice-consuls, and consular agents in the ports and towns of their respective states, and these officers are to enjoy the same privileges, immunities, powers, and exemptions as are or may be accorded to those of the most favored nation. The said consular officers shall not begin to exercise their functions until they shall have received the exequatur of the local government. The contracting German states will appoint one consular officer for each port or town; but for those places where they appoint a consul general or a consul, they shall have the right of nominating a vice-consul or consular agent besides, to act for the consul general or consul in case of his being absent or unable to attend. Vice-consuls or consular agents may be appointed by the consul general or consuls then chief. The German consular officer shall have under his protection, superintendence, and control the interest of all subjects of the contracting German states who reside or who arrive in Siam. He shall conform to all the provision of this treaty himself, and enforce the observance of the same by German subjects. He shall also promulgate and carry out all rules and regulations which are now or may hereafter be enacted for the observ
ance of German citizens with regard to the conducting of their business and their due obedience to the laws of Siam.
Should the German consular officer be absent, subjects of the contracting German states visiting Siam or residing in it may have recourse to the intervention of a consul of a friendly nation, or they may address themselves directly to the local authorities who then shall be the means to secure to the said German subjects all the benefits of the present treaty.
ART. 3. Subjects of the contracting German states visiting Siam, or taking up their residence there, shall be allowed free exercise of their religion, and they shall be at liberty to build churches in such convenient localities as shall be consented to by the Siamese authorities, and such consent shall not be withheld without sufficient reason being assigned.
ART. 4. Subjects of the contracting German states wishing to reside in the kingdom of Siam, must be registered at the German consulate, and a copy of their registration must be furnished the Siamese authorities. Whenever a subject of one of the contracting German states has to recur to the Siamese authorities, his petition or claim must be first submitted to the German consular officer, who shall forward the same, if it appear to him reasonable, and conceived in proper terms, or else shall modify its contents.
ART. 5. Subjects of the contracting German states who may wish to take up their residence in Siam, shall for the present do so only in the city of Bang kok, or within a district defined by the following boundaries, namely: on the north, the Bangputna canal, from its junction with the Chow Phya river, up to the old walls of the town of Lobpury, and a straight line from thence to the Praguam landing place, near the town of Sarabury, on the river Pasak; on the east a straight line drawn from the Praguam lauding place to the junction of the Klongkut canal, with the Bangpakong river, and this river from thence to its mouth, on the coast between the Bangpakong and the island of Simaharaja, German subjects may settle at any place within a distance of twenty-four hours from Bangkok; on the south, the island of Simaharaja, the Seechang islands, and the city walls of Petchabim; on the western coast of the Gulf of Siam, German citizens may settle at Petchabim, and anywhere between that city and the river Meklong, within a journey of twenty-four hours from Bangkok. From the mouth of the Meklong that river shall form the boundary up to the town of Rajpuri; from thence to a straight line drawn to the town of Supannabmi; and thence to the mouth of the Bangputra canal into the Chow Phya river.
Nevertheless, German subjects may reside beyond these boundaries on obtaining permission to do so from the Siamese authorities. All subjects of contracting German states are at liberty to travel and trade throughout the entire kingdom of Siam, and to buy and sell all merchandise not prohibited frɔm and to whomsoever they please.
They are not bound to purchase from or to sell to officials or monopolists, nor is anybody permitted to interfere with them in their business.
ART. 6. The Siamese government will place no restrictions upon the employment of Siamese subjects in any capacity whatever by German subjects. But when a Siamese subject belongs or owes service to some particular master, he may not engage himself to a German subject without the consent of the same. Should he, however, do so, the contract for services is to be looked upon as concluded for three months only, unless a still shorter period should have been agreed upon, or the German subject be willing to discharge the Siamese at once and during this period the German subject is bound to pay two-thirds of the stipulated wages, not to the Siamese in his employment, but to the person to whom he belongs or owes services. If Siamese in the employment of a Ger man subject offend against the laws of Siam, or if any German subject, offenders or fugitives, take refuge with a Siamese subject in Siam, the German consular
officer shall, upon proof of their guilt or desertion, take the necessary steps to insure their being delivered up to the Siamese authorities.
ART. 7. Subjects of the contracting German states shall not be detained against their will in the kingdom of Siam, unless the Siamese authorities can prove to the German consular officer that there are lawful reasons for such detention. Within the boundaries fixed by article 5 of this treaty, subjects of the contracting German states shall be at liberty to travel without hindrance or delays of any kind whatever, provided they are in the possession of a passport signed by the consular officer, containing, in Siamese characters, their names, profession, and a description of their person, and countersigned by the competent Siamese authorities. Should they wish to go beyond the said limits, and travel in the interior of the kingdom of Siam, they shall procure for themselves a passport, which shall be delivered to them at the request of the consular officer by the Siamese authorities, and such passport shall not be refused in any instance, except with the concurrence of the consular officer of the contracting German states.
ART. 8. Within the limits specified in the 5th article, subjects of the contracting German states may buy, sell, take, or let on lease land and plantations, and may build, buy, rent, sell, or let houses. The right, however, of owning land, situated
1st. On the left bank of the river within the city of Bangkok proper, and on the piece of ground between the city walls and the Klongpadung Krung Krasun canal, and
2d. On the right bank of the river between the points opposite the upper and the lower mouth of the Klongpadung Krung Krasun canal, with a distance of two English miles from the river, shall only belong to such as have received a special permission from the Siamese government, or have spent ten years in Siam. In order to obtain possession of such property, German subjects may make an application through the consular officer to the Siamese government, which thereupon will appoint a functionary who, jointly with the consular officer, shall equitably adjust and settle the amount of the purchase money, and make and fix the boundaries of the property. The Siamese government will then convey the property to the German purchaser. All landed property of German subjects shall be under the protection of the district governor and the local authorities, but the proprietors shall conform in ordinary matters to all the equitable directions proceeding from the said authorities, and shall be subject to the same taxation as the subjects or citizens of the most favored nation.
Subjects of the contracting German states shall be at liberty to search for and open mines in any part of Siam; and the matter being distinctly set forth to the consul, he shall, in conjunction with the Siamese authorities, arrange such suitable conditions and terms as shall admit of the mines being worked. German subjects shall likewise be permitted to engage in and carry on in Slam any description of manufacture not contrary to law, upon like reasonable terms arranged between the consul and the Siamese authorities.
ART. 9. When a subject of one of the contracting German states residing permanently or temporarily in the kingdom of Siam has any cause of complaint, or any claim against a Siamese, he shall first submit his grievances to the German consular officer, who, after having examined the affair, shall endeavor to settle it amicably. In the same manner, when a Siamese shall have a complaint to make against any German subject, the consular officer shall listen to his complaint; but if in such cases this proves impossible, the consular officer shall apply to the competent Siamese functionary, and having conjointly examined the affair, they shall decide thereon according to equity.
ART. 10. If a crime or an offence be committed in Siam, and the offender be a subject of one of the contracting German states, he shall be punished by the consular officer in conformity to the respective German laws, or be sent to Ger
many for punishment. If the offender be a Siamese, he shall be punished by the Siamese authorities according to the laws of the country.
ART. 11. Should any act of piracy be committed on vessels belonging to one of the contracting German states on the coast or in the vicinity of the kingdom of Siam, the authorities of the nearest place, on being informed of the same, shall use all means in their power towards the capture of the pirates and the recovery of the stolen property, which shall be delivered to the consular officer, to be restored by him to the owners. The same course shall be followed by the Siamese authorities in all acts of pillage, robbery directed against the property of German subjects on shore. The Siamese government shall not be held responsible for property stolen from German subjects, as soon as it is proved that it has employed all means in its power for the recovery of the same; and this principle shall equally hold good with regard to Siamese subjects being under the protection of one of the contracting German states and to their property.
ART. 12. On the German consular officer sending a written application to the Siamese authorities, he shall receive from them every aid and support in detect. ing and arresting German sailors or other subjects, or any individual under the protection of a German flag. The German consular officer shall also, at his request, receive from the Siamese authorities every necessary assistance and a sufficient force to give due effect to his authority over German subjects and to keep up discipline among German shipping in Siam. In like manner, whenever a Siamese, guilty of desertion or any other crime, should take refuge in the house of a subject of one of the contracting German states or on board of a German vessel, the local authorities shall address themselves to the German consular officer, who, on proof of the culpability of the accused, shall immediately authorize his arrest. All concealment and connivance shall be carefully avoided by both parties.
ART. 13. Should a subject of one of the contracting German states engaged in business in the kingdom of Siam become bankrupt, the German consular officer shall take possession of all his goods in order to distribute them proportionably among the creditors, for which end he shall receive every aid from the Siamese authorities; he shall also neglect no means to seize, on behalf of the creditors, all the goods which the said bankrupt may possess in other countries. In like manner, in Siam the authorities in the kingdom shall adjudicate and distribute the effects of Siamese subjects who may become insolvent in their commercial transactions with subjects of the contracting German states.
ART. 14. Should a Siamese subject refuse or evade the payment of a debt to a German subject, the Siamese authorities shall afford the creditor every aid and facility for recovering what is due to him. In like manner the German consul shall give every assistance to Siamese subjects to recover debts which may be due to them by subjects of the contracting German states.
ART. 15. In case of the decease of one of their respective subjects in the domin ions of one or the other of the high contracting parties, his property shall be delivered unto the executor of his will, or, if none have been appointed, unto the family of the deceased or unto his partner in business. His property shall, in the dominions of both of the high contracting parties, be placed, as far as the laws of the land permit it, under the direction and control of the respective consular officers, in order that they may deal with it in the customary manner according to the laws and usages of this country.
ART. 16. Men-of-war belonging to one of the contracting German states may enter the river and anchor at Pakmam; but in case they intend to proceed to Bangkok, they must first inform the Siamese authorities and come to an understanding with the same respecting the anchorage.
ART. 17. Should a German vessel in distress enter into a Siamese port, the local authorities shall offer every facility for her being repaired and victualled, so that she may be able to continue her voyage. Should a German vessel be