V. Upon the receipt of the sign-manual of His Majesty the Emperor of China to these presents, it is agreed, on account of the distance which separates the two countries, that the island of Chusan shall be immediately delivered over to the Chinese authorities; and on the ratification of the present condition by Her Britannic Majesty, it shall be mutually binding on the high contracting Powers. TREATY OF TIENTSIN. Signed between Great Britain and China, June 26th, 1858. I. THE Treaty of Peace and Amity between the two nations, signed at Nanking on the twenty-ninth day of August, in the year one thousand eight hundred and forty-two, is hereby renewed and confirmed. 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. II. 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's. III. 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. 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. 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. 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. IV. 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, 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 shall be borne by the British Government. V. 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. VI. 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. Her Majesty the Queen may appoint one or more Consuls in the dominion of the Emperor of China; and that 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 Intendants 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. VIII. 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 it 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 laws, be persecuted or interfered with. IX. British subjects are hereby authorised 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 merchandise. 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. X. British merchant-ships shall have authority to trade upon the Great River (Yang-tse). The upper and lower valley of the river being, however, disturbed by outlaws, no port shall for the present be 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 be 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. XI. In addition to the towns and cities of Canton, Amoy, Foo-Chow, Ningpo, and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects may frequent the cities and ports of Newchang, Sang-Chow, Tai-Wan (Formosa), Chan-Chow (Swatow), and Kiung-Chow (Hainan). They are permitted to carry on trade with whomsoever they please, and to proceed to and fro at pleasure with their vessels and merchandise. They shall enjoy the same privileges, advantages, and immunities at the said towns and ports as they enjoy at the ports already opened to trade, including the right of residence, of buying or renting houses, of leasing land therein, and of building churches, hospitals, and cemeteries. XII. British subjects, whether at the ports or at other places, desiring to build or open houses, warehouses, churches, hospitals, or burial grounds, shall make their agreement for the land or buildings they require at the rates prevailing among the people, equitably, and without exaction on either side. XIII. The Chinese Government will place no restrictions whatever upon the employment, by British subjects, of Chinese subjects in any lawful capacity. |