privileges enjoyed by the other foreign diplomatic agents of equal rank accredited to the said court.

ART. 6. The official correspondence forwarded by the Portuguese authorities to the Chinese authorities shall be written in Portuguese, accompanied by a translation in Chinese. In the same manner, the present treaty is to be written in Portuguese and in Chinese; which, after being duly, compared, will serve as a document to guide each nation as the written version of its respective language.

ART. 7. The form of correspondence between the Portuguese and the Chinese authorities will be regulated by their respective rank and position, based upon complete reciprocity. Between the high functionaries of Portugal and China, at the capital or elsewhere, such correspondence will take the form of despatch or communication; between the subordinate functionaries of Portugal and the first authorities of the province, the former shall make use of the form of exposition, (Chau-Hoei,) and the latter that of declaration, (Xen-Cheu ;) and the subordinate officers of both nations shall correspond together in terms of perfect equality.

Merchants, and generally all others who are not invested with an official character, will adopt, in addressing the Chinese authorities, the form of representation or petition, (Pin-Chen.)

Whenever any Portuguese subject shall have to petition the Chinese authority of a district, he is to submit his statement beforehand to the consul, who will cause the same to be forwarded should he see no impropriety in so doing; otherwise he will have it written out in other terms, or decline to forward it. Likewise, when a Chinese subject shall have occasion to petition the Portuguese consul, he will only be allowed to do so through the Chinese authority, who shall proceed in the same manner.

ARTICLE 8. His Majesty the King of Portugal may appoint consuls at all the ports of China open to commerce, to look after commercial interests, and to watch the due observance of all the articles of this treaty.

The consul and the local authorities will show to each other reciprocal civilities and correspond with each other in terms of perfect equality.

The consuls and acting consuls will have the honor of Tau-Tai, and viceconsuls, consular agents, and interpreter translators, those of prefect. Their powers shall be equal to those of the consular authorities of other nations.

These functionaries are to be true agents of the Portuguese government, and not merchants. The Chinese government, however, will make no objection, in case the Portuguese government should deem it unnecessary to appoint a full consul to any of the ports, and choose to intrust a consul of a foreign nation, for the time being, with the duties of a Portuguese consul at that port.

ARTICLE 9. His Majesty the King of Portugal and his Majesty the Emperor of China, desiring to manifest their reciprocal amicable intentions, have agreed expressly upon the following:

All the subjects of both states shall always be treated, reciprocally, as friends in any part of the Portuguese or Chinese territories.

His Majesty the King of Portugal will enjoin upon the governor of Macao to bestow his most determined co-operation to avoid everything which might, at that place, be prejudicial to the interests of the Chinese empire.

His Majesty the Emperor of China may appoint, should he deem it convenient, an agent to reside at Macao, there to treat of commercial affairs and watch the due observance of the regulations. This agent, however, must either be a Manchú or a Chinese of the fourth or fifth rank. His powers are to be equal to those of the consuls of France, England, America, or of those of other nations who reside at Macao and Hong Kong, and there treat of their public affairs, showing their national flags.

ARTICLE 10. It is permitted to all Portuguese subjects and their families to

reside at or frequent the ports of Kuang-tchou, (Canton ;) Chang-chou, (Suatau ;) Amoy; Fu-chau; Ningpo; Shanghae; Chin-kiang; Kieu-kiang, and Han-kau, (on the Yang-tsi;) Tang-chou; Tien-tsin; Neu-choang; Tam-shoei, and Tai-van, (on the island of Formosa;) and Kiung-choa, (on the island of Hainan,) and there to carry on trade or otherwise employ themselves. Their boats may go and come without hindrance and their merchandise be imported or exported at all times.

ARTICLE 11. The Chinese government will, in no manner whatever, object that Portuguese subjects should take Chinese subjects into their service and give them a lawful occupation.

ARTICLE 12. All Portuguese merchants importing goods into any of the open ports, having paid duties on them, and any other Portuguese subjects, are allowed to travel through all parts of the interior of China for commercial purposes or for convenience sake, provided they be furnished with passports which are to be granted by the consuls and countersigned by the local authorities. The bearer of a passport shall have to show it at the places through which he passes whenever he is required to do so, and it being found in order, no one shall prevent him from hiring boats or coolies for the conveyance of his baggage or merchandise. Should a traveller be found without a passport, or if he commits any offence against the law, he shall be given over to the nearest consul to be punished, nor shall other repressive measures be taken against him.

Passports are not necessary to individuals travelling in the neighborhood of any of the ports open to commerce, within the distance of 100 lees, (12 leagues,) or within five days' journey.

The stipulations of this article do not refer to the crews of Portuguese ships, because the consuls and the local authorities will provide proper regulations for them.

Passports will not be granted for Nanking or any other cities which may be in revolt against the government until after said cities shall have been retaken, ARTICLE 13. Whenever a Portuguese subject intends to build or open houses, stores, churches, hospitals, or cemeteries, at the ports or at other places, the title deed or lease of these properties will have to be made out according to the terms mostly in use among the people, with equity, and without payment of any impost whatsoever at any of the places. It is understood, however, that such stores are only permitted to be at the ports open to commerce.

ARTICLE 14. Portuguese subjects are permitted to charter any description of boats they may want for the conveyance of cargo or passengers, and the price of said charter will be fixed by the contracting parties alone, without interference of the Chinese government.

No limit is put to the number of boats; neither will it be permitted to any one to monopolize them, nor the services of coolies employed in the carriage of merchandise.

Should contraband articles be shipped on board of any of the boats, the guilty parties shall immediately be punished according to the laws.

ARTICLE 15. All disputes arising between Portuguese subjects, with regard to rights, either of property or person, will be submitted to the jurisdiction of the Portuguese authorities.

ARTICLE 16. All Chinese subjects who may become guilty of whatever criminal act towards Portuguese subjects shall be imprisoned and punished by the Chinese authorities, according to the laws of China, such acts being previously reported by the Portuguese authorities.

Portuguese subjects guilty of whatever crime in China shall be tried by the consul, or by another Portuguese public functionary authorized for so doing, according to the laws of Portugal, with previous notice from the Chinese authorities.

ARTICLE 17. All Portuguese subjects who may have suffered offence from

a Chinaman, shall lay his complaint before the consul, who will take due cognizance of the case, and will use all his efforts to settle it amicably. Likewise, when a Chinese subject shall have occasion to complain of a Portuguese, the consul will listen to his complaint, and will do what he possibly can to re-establish harmony between the two parties. If, however, the dispute be of such nature that it cannot be settled in that way, the consul will desire the Chinese authorities to appear at the inquiry of the case, in order to conjointly settle it with equity.

ART. 18. The Chinese authorities are bound to grant the fullest protection to the persons and to the property of Portuguese subjects whenever they may be exposed to insult or wrong. In case of robbery or fire the local authorities will immediately take the necessary measures to recover the stolen property, to terminate the disorder, to seize the guilty and bring them to punishment, according to law.

ART. 19. In the event of a Portuguese merchant vessel being plundered by pirates or thieves within Chinese waters, the Chinese authorities are to employ their utmost exertions to seize and punish the said robbers, and to recover the stolen goods, which, through the consul, shall be restored to whom they belong. ART. 20. If a Portuguese vessel be shipwrecked on the coast of China, or be compelled to take refuge in any of the ports of the empire, the Chinese authorities, on receiving notice of the fact, shall provide the necessary protection aud assistance, affording prompt and kind treatment to the crews, and, if necessary, furnish them the means to reach the nearest consulate.

ART. 21. Chinese criminals seeking refuge in Macao or on board Portuguese ships lying in its harbor shall be given up to the Chinese authorities, upon their requisition and upon proof of their crime.

In the same manner, all Chinese subjects convicted of crime who seek an asylum at the house or on board of a ship belonging to a Portuguese subject, at any of the open ports of China, shall not be received or concealed therein, but, on the contrary, shall be given up without delay to the Chinese authorities, on their applying to the Portuguese consul at the same port.

ART. 22. If any Chinese subject shall have run into debt to a Portuguese subject and denies its payment, or fraudulently absconds himself from his creditor, the Chinese authorities shall use all their efforts to apprehend him and to compel him to pay, the debt being previously proven and the possibility of its payment ascertained. The Portuguese authorities will proceed in the like manner against any Portuguese subject who omits to pay a debt due to any Chinese subject.

ART. 23. Portuguese merchant vessels of more than one hundred and fifty tons burden will pay tonnage duties at the rate of four mace silver per ton; those of one hundred and fifty tous or less will pay at the rate of one mace. The superintendent of the customs shall grant a certificate declaring that the tonnage dues have been paid.

ART. 24. Portuguese subjects shall pay import and export duties on all merchandise according to those specified in the tariff adopted for the other nations, and in no instance shall higher duties be exacted from them than those paid by the subjects of any other foreign nation.

ART. 25. Import duties will be considered as due on the landing of the goods, and export duties upon shipping them off.

ART. 26. Either of the two high contracting powers may, at the end of ten years, ask for a revision of the tariff or the commercial articles of this treaty, with the understanding that if the request be not made within six months, reckoned on the first ten years, the said tariff will continue to be in force for ten years longer, reckoned in addition to the preceding ten years, and so on every ten years.

ART. 27. The captain of a Portuguese ship may, when he deems it convenient,

land only a part of his cargo at any of the open ports, paying the duties on the portion landed.

ART. 28. All Portuguese subjects carrying goods to a market in the interior of the country, on which the lawful import duties had already been paid at any of the open ports, or those who buy goods in the interior to bring to the ports on the Yang-tsi-kiang or to send to foreign ports, will have to follow the new regulations adopted towards the other nations.

The custom-house officers who do not comply with the regulations, or who may exact more duties than are due, shall be punished according to the Chinese laws. ART. 29. All Portuguese vessels that are despatched from one of the open ports of China to another, or to Macao, are entitled to a certificate of the customhouse which will exempt them from paying new tonnage dues during the period of four months reckoned from the date of the despatch.

ART. 30. The master of a Portuguese ship has the option within forty-eight hours of his arrival at any of the open ports of China, but not later, to decide whether he will start without opening the hatches, and in such case he will not have to pay tonnage dues. He is bound, however, to give notice of his arrival for the legal registering as soon as he comes into port, under penalty of being fined in case of non-compliance within the term of two days; and the ship will be subject to tonnage dues forty-eight hours after her arrival in port, but neither then nor at her departure shall any other impost whatsoever be exacted.

ART. 31. All smail vessels employed by Portuguese subjects in carrying passengers, baggage, letters, provisions, or any other cargo which is free of duty, between the open ports of China, shall be free from tonnage dues; but all cargo vessels laden with merchandise subject to duty shall pay tonnage dues every four months at the rate of one mace per ton.

ART. 32. The consuls and superintendents of the custom-house will have to consult with each other when absolutely necessary as to the construction of light-houses and the placing of buoys and light-ships.

ART. 33. The duties are to be paid by the bankers authorized by the Chinese government to collect them in sycee or in foreign coin, according to the official assay made at Canton on the 15th July, 1843.

ART. 34. In order to secure the regularity of weights and measures, and to avoid confusion, the superintendent of the custom-houses will hand over to the Portuguese consul at each of the open ports a standard weight similar to that given by the Treasury Department for collection of public dues at the customs of Canton.

ART. 35. Portuguese merchant vessels approaching any of the open ports will be at liberty to take a pilot to reach the harbor, and likewise take a pilot to leave it, provided it be found convenient, and in case the said ship shall have paid, while in port, all the duties due by her.

ART. 36. Whenever a Portuguese merchant ship shall arrive at any of the open ports of China, the superintendent of the customs will send off one or more custom-house officers, who may stay on board of their boat or on board of the ship, as best suits their convenience. These officers will get their food and all necessaries from the custom-house, and will not be allowed to accept of any fee from the captain of the ship or from the consignee upon pain of a penalty proportionate to the amount received by them.

ART. 37. Twenty-four hours after the arrival of a Portuguese merchant ship at any of the open ports the papers of the ship, bills of lading, and other documents, shall be handed over to the consul whose duty it will be also to report to the superintendent of the customs within twenty-four hours the name, the registered tonnage, and the cargo brought by the said vessel. If, through negligence or for any other motive, this stipulation be not complied with within forty-eight hours after the arrival of the ship, the captain shall be subject to a fine of fifty H. Ex. Doc. 63-40

taels for each day's delay over and above that period, but the maximum of the fine shall not, however, exceed two hundred taels.

The captain of the ship is responsible for the correctness of the manifest, on which the cargo shall be minutely and truthfully described, subject to a fine of five hundred taels as a penalty in case the manifest should be found incorrect. This fine, however, will not be incurred if, within twenty-four hours after the delivery of the manifest to the custom house officers, the captain expresses the wish to rectify any error which may have been discovered in said manifest.

ART. 38. The superintendent of the customs will permit the discharging of the ship as soon as he shall have received from the consul the report drawn in due form. If the captain of the ship should take upon himself to commence discharging without permission, he shall be fined five hundred taels, and the goods so discharged shall be confiscated.

ART. 39. Portuguese merchants having goods to ship off or to land will have to obtain a special permission from the superintendent of the customs to that effect, without which all goods shipped or landed shall be liable to confiscation. ART. 40. No transhipment of goods is allowed from ship to ship without special permission, upon pain of confiscation of all the goods so transhipped. ART. 41. When a ship shall have paid all her dues in port the superintendent of customs will grant her a certificate, and the consul will return the papers in order that she may proceed on her voyage.

ART. 42. When a doubt arises as to the value of goods which, by the tariff, are liable to an ad valorem duty, and the Portuguese merchant disagrees with the custom-house officers as regards the value of said goods, both parties will call two or three merchants to examine them, and the highest offer, made by any of the said merchants to buy the goods at, will be considered as their value.

ART. 43. The duties will be paid on the net weight of every kind of merchandise. Should there be any dispute between the Portuguese merchant and the custom-house officer as to the mode by which the tare is to be fixed, each party will choose a certain number of boxes or bales from among every hundred packages of the goods in question, taking the gross weight of said packages, then the tare of each of the packages separately, and the average tare resulting therefrom will be adopted for the whole parcel.

In case of any doubt or dispute not mentioned herein the Portuguese merchant may appeal to the consul who will refer the case to the superintendent of customs. This officer will act in such a manner as to settle the question amicably. The appeal, however, will only be entertained if made within the term of twentyfour hours, and in such a case no entry is to be made in the custom-house books in relation to the said goods until the question shall have been settled.

ART. 44. Damaged goods will pay a reduced duty in proportion to their deterioration. Any doubt on this point will be solved in the way indicated in the clause of this treaty with respect to duties payable on merchandise ad valorem. ART. 45. Every Portuguese merchant who, having imported goods into one of the open ports of China and paid the proper duties thereon, should wish to reexport them to another of the said ports, will have to send to the superintendent of customs an account of them, who, to avoid fraud, will direct his officers to examine whether or not the duties have been paid, whether the same have been entered on the books of the customs, whether they retain their original marks, and whether the entries agree with the account sent in. Should everything be found correct, the same will be stated in the export permit, together with the total amount of duties paid, and all these particulars will be communicated to the custom house officers at the other ports.

Upon arrival of the ship at the port to which the goods are carried permission will be granted to land without any additional payment of duties whatsoever, if, upon examination, they are found to be the identical goods; but if, during the