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may arise between American citizens, or between American citizens and the subjects of his highness, or between American citizens and the citi zens or subjects of any other foreign power in the dominions of the Sul tan of Borneo, the American Consul, or other duly appointed officer, shal have power to hear and decide the same, without any interference, ma lestation, or hindrance on the part of any authority of Borneo, eithe before, during, or after the litigation.
(See HANSEATIC REPUBLICS.)
Treaty concluded July 3, 1844 (Peace, Amity, and Commerce).
1356. ARTICLE III.
The citizens of the United States are permitted to frequent the fin ports of Kwangchow, Amoy, Fuchow, Ningpo, and Shanghai, and to reside with their families and trade there, and to proceed at pleasur with their vessels and merchandise to and from any foreign port and either of the said five ports, and from either of the said five ports to an other of them. But said vessels shall not unlawfully enter the othe ports of China, nor carry on a clandestine and fraudulent trade alon the coasts thereof. And any vessel belonging to a citizen of the Unite States which violates this provision shall, with her cargo, be subject t confiscation to the Chinese Government.
1357 ARTICLE IV. For the superintendence and regulation of the concerns of the citizen 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 th same, who shall be duly recognized as such by the officers of the Chines Government, and shall hold official intercourse and correspondence with the latter, either personal or in writing, as occasion may require, or terms of equality and reciprocal respect. If disrespectfully treated a ggrieved in any way by the local authorities, said officers on the one and shall have the right to make representation of the same to the uperior officers of the Chinese Government, who will see that full nquiry and strict justice be had in the premises; and, on the other hand, the said Consuls will carefully avoid all acts of unnecessary offense to ir collision with the officers and people of China.
1858. ARTICLE V. At each of the said five ports, citizens of the United States lawfully ngaged 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 merchandise of which the importation or exportation is not prohibited by this treaty, paying the duties which are prescribed by the tariff herein before established, and no other charges whatsvever.
1359. 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 Fessel 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 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.
Citizens of the United States, for their vessels bound in, shall be ali jwed to engage pilots, who will report said vessels at the passes, and take the 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 on by the parties, or settled by application to the Consular Officer of their Gor: ernment; without interference on the part of the local officers of the Chinese Government.
Whenever a merchant-vessel belonging to the United States shall cast anchor in either of the 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 mit, 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 desires 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.
1362 ARTICLE XI. The Superintendent of Customs, in order to the collection of the proper 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 bard any merchant vessel of the United States. And if dispute occur | regard to the value of goods subject to an ad valorem duty, or in gard to the amount of tare, and the same cannot be satisfactorily rranged by the parties, the question may, within twenty-four hours, and ot afterwards, be referred to the said Consul to adjust with the Superitendent of Customs.
1363. ARTICLE XII.
Sets of standard balances, and also weights and measures, duly preared, stamped, and sealed, according to the standard of the customouse at Canton, shall be delivered by the Superintendents of Customs o the Consuls, at each of the five ports, to secure uniformity, and preent confusion in measures and weights of merchandise.
1364. ARTICLE XIII.
The tonnage duty on vessels belonging to citizens of the United States hall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading yf the same. When all such duties shall have been paid, and not before, the Superintendent of Customs shall give a port cle ance, and the Conal shall return the ship's papers, so that she may depart on her voyge. The duties shall be paid to the shroffs authorized by the Chinese Bovernment to receive the same in its behalf. Duties payable by nierhants of the United States shall be received either in sycee silver or in foreign money, at the rate of exchange as ascertained by the regulations now in force. And imported goods, on their resale or transit in any part of the Empire, shall be subject to the imposition of no other duty than they are accustomed to pay at the date of this treaty.
1365. ARTICLE XIV.
No goods on board any merchant-vessel of the United States in port are to be transshipped to another vessel unless there be particular occasion therefor, in which case the occasion shall be certified by the Consul to the Superintendent of Customs, who may appoint officers to examine into the facts, and permit the transshipment. And if any goods be transshipped without such application, inquiry, and permit, they shall be subject to be forfeited to the Chinese Government.
1366. ARTICLE XVI. The Chinese Government will not hold itself responsible for any debts which may happen to be due from subjects of China to citizens of the United States, or for frauds committed by them; but citizens of the United States may seek redress in law; and on suitable representation being made to the Chinese local authorities, through the Consul, they will cause due examination in the premises, and take all proper steps to compel satisfaction. But in case the debtor be dead, or without property, or have absconded, the creditor cannot be indemnified, according to the old system of the cohong, so called. And if citizens of the United States be indebted to subjects of China, the latter may seek redress in the same way through the Consul, but without any responsibility for the debt on the part of the United States.
At the places of anchorage of the vessels of the United States, the citizens of the United States, merchants, seamen or others sojourning there, may pass and repass in the immediate neighborhood; but they shall not, at their pleasure, make excursions into the country among the villages at large, nor shall they repair to public marts for the purposes of disposing of goods unlawfully and in fraud of the revenue.
And, in order to the preservation of the public peace, the local officers of government at each of the five ports shall, in concert with the Consuls, define the limits beyond which it shall not be lawful for citizens of the United States to go.
1368. ARTICLE XIX. All citizens of the United States in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receive and enjoy for themselves and every thing appertaining to them the special protection of the local authori ties of government, who shall defend them from all insult or injury of any sort on the part of the Chinese. If their dwellings or property by threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, will immediately dispatch a military force to disperse the rioters, and will apprehend th guilty individuals, and punish them with the utmost rigor of the law.