No. 26. TREATY OF PEACE, FRIENDSHIP, AND COMMERCE BETWEEN GREAT BRITAIN AND CHINA. (Treaty of Tien-tsin.) Signed at Tien-tsin, June 26, 1858.* [Ratifications exchanged at Peking, October 24, 1860.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two countries, and to place their relations on a more satisfactory footing in future, have resolved to proceed to a revision and improvement of the Treaties existing between them, and, for that purpose, have named as their Plenipotentiaries, that is to say: Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle; And His Majesty the Emperor of China, the High Commissioners Kweiliang, a Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the Plain White Banner of the Manchu Banner Force, Superintendent-General of the Administration of Criminal Law; and Hwashana, one of His Imperial Majesty's Expositors of the Classics, Manchu President of the Office for the regulation of the Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese Banner Force, and Visitor of the Office of Interpretation: Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles: ARTICLE I. Confirmation of Treaty of August 29, 1842. The Treaty of Peace and Amity between the two nations, signed at Nanking on the twenty-ninth day of August, in the *Signed also in Chinese. year eighteen hundred and forty-two, is hereby renewed and confirmed. Abrogation of Trade Regulations of July, 1843, and of Supplementary Treaty of October, 1843. The Supplementary Treaty and General Regulations of Trade having been amended and improved, and the substance of their provisions having been incorporated in this Treaty, the said Supplementary Treaty and General Regulations of Trade are hereby abrogated. ARTICLE II. Appointment of Ambassadors, &c. For the better preservation of harmony in future, Her Majesty the Queen of Great Britain and His Majesty the Emperor of China mutually agree that, in accordance with the universal practice of great and friendly nations, Her Majesty the Queen may, if she see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of Peking; and His Majesty the Emperor of China may, in like manner, if he see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of St. James'. ARTICLE III. Residence at Peking and Privileges of British Representative.— Ceremonial, &c. His Majesty the Emperor of China hereby agrees that the Ambassador, Minister, or other Diplomatic Agent so appointed by Her Majesty the Queen of Great Britain, may reside, with his family and establishment, permanently at the capital, or may visit it occasionally at the option of the British Government. He shall not be called upon to perform any ceremony derogatory to him as representing the Sovereign of an independent nation on a footing of equality with that of China. On the other hand, he shall use the same forms of ceremony and respect to His Majesty the Emperor as are employed by the Ambassadors, Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns of Independent and equal European nations. Right of British Government to hire Houses, &c., at Peking. It is further agreed, that Her Majesty's Government may acquire at Peking a site for building, or may hire houses for the accommodation of Her Majesty's Mission, and that the Chinese Government will assist it in so doing. Right of British Representative to choose his own Servants. Her Majesty's Representative shall be at liberty to choose his own servants and attendants, who shall not be subjected to any kind of molestation whatever. Non-molestation of British Representative and his suite. Any person guilty of disrespect or violence to Her Majesty's Representative, or to any member of his family or establishment, in deed or word, shall be severely' punished. ARTICLE IV. Rights and Privileges of British Representatives. It is further agreed, that no obstacle or difficulty shall be made to the free movements of Her Majesty's Representative, and that he, and the persons of his suite, may come and go, and travel at their pleasure. He shall, moreover, have full liberty to send and receive his correspondence, to and from any point on the sea-coast that he may select; and his letters and effects shall be held sacred and inviolable. He may employ for their transmission special couriers, who shall meet with the same protection and facilities for travelling as the persons employed in carrying despatches for the Imperial Government; and generally he shall enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of Western nations. All expenses attending the Diplomatic Mission of Great Britain in China shall be borne by the British Government. ARTICLE V. Transaction of Business between British Representative and His Majesty the Emperor of China agrees to nominate one of the Secretaries of State, or a President of one of the Boards, as the high officer with whom the Ambassador, Minister, or other Diplomatic Agent of Her Majesty the Queen shall transact business, either personally or in writing, on a footing of perfect equality. ARTICLE VI. Privileges of Chinese Ambassadors, &c., in Great Britain. Her Majesty the Queen of Great Britain agrees that the privileges hereby secured shall be enjoyed in her dominions by the Ambassadors, Ministers, or Diplomatic Agents of the Emperor of China accredited to the Court of Her Majesty. ARTICLE VII. Appointment and Privileges of Consuls.-Most-favoured-nation Treatment. Her Majesty the Queen may appoint one or more Consuls in the dominions of the Emperor of China; and such Consul or Consuls shall be at liberty to reside in any of the open ports or cities of China as Her Majesty the Queen may consider most expedient for the interests of British commerce. They shall be treated with due respect by the Chinese Authorities and enjoy the same privileges and immunities as the Consular officers of the most favoured nation. Consuls and Vice-Consuls in charge shall rank with Intendents of Circuits; Vice-Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shall have access to the official residences of these officers, and communicate with them, either personally or in writing, on a footing of equality, as the interests of the public service may require. ARTICLE VIII. Freedom of Religious Worship. The Christian religion, as professed by Protestants or Roman Catholics, inculcates the practice of virtue, and teaches man to do as he would be done by. Persons teaching or professing it, therefore, shall alike be entitled to the protection of the Chinese authorities, nor shall any such, peaceably pursuing their calling, and not offending against the law, be persecuted or interfered with. ARTICLE IX. Freedom of Travel.-Passports. British subjects are hereby authorized to travel, for their pleasure or for purposes of trade, to all parts of the interior, under passports which will be issued by their Consuls, and countersigned by the local authorities. These passports, if demanded, must be produced for examination in the localities passed through. If the passport be not irregular, the bearer will be allowed to proceed, and no opposition shall be offered to his hiring persons or hiring vessels for the carriage of his baggage or merchandize. If he be without a passport, or if he commit any offence against the law; he shall be handed over to the nearest Consul for punishment, but he must not be subjected to any ill-usage in excess of necessary restraint. No passport need be applied for by persons going on excursions from the ports open to trade to a distance not exceeding 100 li, and for a period not exceeding five days. The provisions of this Article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities. To Nanking, and other cities disturbed by persons in arms against the Government, no pass shall be given, until they shall have been recaptured. ARTICLE X. Trade on the Yang-tsze. Opening of Ports of Chin-kiang, &c., to Trade. British merchant-ships shall have authority to trade upon the Great River (Yang-tsze). The Upper and Lower Valley of the river being, however, disturbed by outlaws, no port shall be for the present opened to trade, with the exception of Chin-kiang, which shall be opened in a year from the date of the signing of this Treaty. So soon as peace shall have been restored, British vessels shall also be admitted to trade at such ports as far as Han-kow, not exceeding three in number, as the British Minister, after consultation with the Chinese Secretary of State, may determine shall be ports of entry and discharge. ARTICLE XI. Opening of Ports of New-Chwang, Tang-Chow (Chefoo). Tai-Wan (Formosa), Chau-Chow (Swatow), and Kiung-Chow (Hainan) to British Subjects and their Trade. In addition to the cities and towns of Canton, Amoy, Fuchow, Ningpo, and Shanghai, opened by the Treaty of |