THE TREATY OF PEKING.

Signed between Russia and China 14th November, 1860. Ratified at St. Petersburg, 1st January, 1861.

1. THE eastern frontier between the two empires shall commence from the juncture of the rivers Slulka and Argun, will follow the course of the river Amur to the junction of the river Usuri with the latter. The land on the north of the river Amur belongs to the empire of Russia, and the territory on the south to the junction of the river Usuri to the empire of China. Further on the frontier line between the two empires ascends the rivers Usuri and Semgacha to where the latter issues from Lake Kinka; it then crosses the lake, and takes the direction of the river Belen-ho or Tur; from the mouth of that river it follows the mountain range to the mouth of the river Hupfu, a tributary of the Tinfun, and from that point the mountains situated between the river Hun Chum and the sea, as far as the river Tumen-Kiang. Along this line the territory on the east side belongs to the empire of Russia, and that on the west to the empire of China.

2. Defines the frontiers between Russia and China towards the west, and confirms Russia in the possession of the country around Lakes Balkash and Issik Kul.

3. Arranges the appointment of a joint commission for placing the frontier marks. For the inspection of the eastern frontiers the commissioners will meet at the mouth of the Usuri in the month of April, 1861.

4. On the whole frontier line established by articles 1 and 2 of the present treaty, trade free of all duty or restrictions is established between the subjects of the two States.

5. Restores to the merchants of Kiakhta the right of going to Peking, and they may also trade at Urga and Kalyan. At Urga a Russian consulate may be established. Russia merchants provided with passports may travel throughout China, but must not congregate in a greater number than two hundred in the same locality.

6. Grants to the Russians a site for a factory, with church, &c., at Kashgar. The Chinese Government is not, however, responsible for any pillage of travellers by tribes beyond its control.

7. At the places thrown open, no restrictions whatever are to be imposed upon commercial transactions, which may be carried on on credit or otherwise as best suits the interests of the parties concerned.

8. Russia may establish consuls at Kashgar and Urga to watch over the conduct of the merchants, who are to be punished by the laws of the country to which they belong. The Chinese may also send consuls to Russian town. Commercial disputes are to be settled by arbitrators chosen by the parties concerned. Criminals seeking refuge in either country are to be given up, to be judged by the Government to which they are subject.

9. Annuls the treaties concluded at Nerchinsk 1689, and at Kiakhta 1727.

10. Refers to the restoration of cattle which may have strayed across the frontiers.

11. Regulates the transmission of written despatches on a reciprocal amicable footing between the authorities of the respective empires.

12. Settles the postal arrangements between the two empires. Letters are to leave Peking and Kiakhta once a month; parcels, Kiakhta every two months, Peking once in three months. Twenty days are allowed for the transmission of letters, forty days at the utmost for parcels.

13. Determines that the ordinary correspondence between the two Governments is to be sent through the post, but that during the residence of a Russian envoy at Peking despatches of special importance may be forwarded by couriers.

14. Empowers the Governor-General of Eastern Siberia to conclude any additional arrangements with the frontier authorities of a nature to facilitate intercourse.

15. States that after the exchange of ratifications the treaty will be in full force.

CONVENTION OF CHIFU.

Signed between Great Britain and China, 13th September, 1876. Ratified 17th September, 1876.

Section I. Settlement of the Yün Nan Case.

(i.) A MEMORIAL is to be presented to the Throne, whether by the Tsung-li Yamen or by the Grand Secretary Li is immaterial, in the sense of the memorandum prepared by Sir Thomas Wade. Before presentation, the Chinese text of the Memorial is to be shown to Sir Thomas Wade.

(ii.) The Memorial having been presented to the Throne, and the Imperial decree in reply received, the Tsung-li Yamen will communicate copies of the Memorial and Imperial decree to Sir Thomas Wade, together with a copy of a letter from the Tsung-li Yamen to the Provincial Governments, instructing them to issue a proclamation that shall embody at length the above Memorial and Decree. Sir Thomas Wade will thereon reply to the effect that for two years to come officers will be sent by the British Minister to different places in the Provinces to see that the Proclamation is posted. On application from the British Minister or the Consul of any port, instructed by him to make application, the high officers of the provinces will depute competent officers to accompany those so sent to the places which they go to observe.

(iii.) In order to the framing of such regulations as will be needed for the conduct of the frontier trade between Burma and Yün Nan, the Memorial submitting the proposed settlement of the Yün Nan affair will contain a request that an Imperial decree be issued directing the Governor-General and Governor, whenever the British Government shall send officers to Yün Nan, to select a competent officer of rank to confer with them and to conclude a satisfactory arrangement.

(iv.) The British Government will be free for five years, from the first of January next, being the 17th day of the 11th moon of the second year of the reign Kwang Su, to station officers at

Ta-li-Fu or at some other suitable place in Yün Nan to observe the conditions of trade, to the end that they may have information upon which to base the regulations of trade when these have to be discussed. For the consideration and adjustment of any matter affecting British officers or subjects, these officers will be free to address themselves to the authorities of the province. The opening of the trade may be proposed by the British Government, as it may find best, at any time within the term of five years or upon the expiry of the term of five years. Passports having been obtained last year for a mission from India into Yün Nan, it is open to the Viceroy of India to send such mission at any time he may see fit.

(v.) The amount of indemnity to be paid on account of the families of the officers and others killed in Yün Nan; on account of the expenses which the Yün Nan case has occasioned, and on account of claims of British merchants arising out of the action of officers of the Chinese Government up to the commencement of the present year, Sir Thomas Wade takes upon himself to fix at two hundred thousand taels, payable on demand.

(vi.) When the case is closed, an Imperial letter will be written, expressing regret for what has occurred in Yün Nan. The mission bearing the Imperial letter will proceed to England immediately. Sir Thomas Wade is to be informed of the constitution of this Mission for the information of his Government. The text of the Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li Yamen.

Section II. Official Intercourse.

(i.) In the Tsung-li Yamen's Memorial of the 28th September, 1875, the Prince of Kung and the Ministers stated that their object in presenting it had not been simply the transaction of business in which Chinese and foreigners might be concerned; missions abroad and the questions of diplomatic intercourse lay equally within their prayer.

To the prevention of further misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamen shall address a circular to the Legations inviting foreign Representatives to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries, and as would be shown to Chinese agents so serving abroad.

The fact that China is about to establish missions and consulates abroad renders an understanding on these points essential.

(ii.) The British Treaty of 1858, Article XVI., lays down that "Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities, according to the laws of China. British subjects who may commit any crime in China shall be tried and punished by the Consul or any other public functionary authorized thereto according to the laws of Great Britain.

"Justice shall be equitably and impartially administered on both sides."

The words "Functionary authorized thereto" are translated in the Chinese text "British Government."

In order to the fulfilment of its treaty obligations, the British Government has established a Supreme Court at Shanghai, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghai a mixed Court; but the officer presiding over it, either from lack of power or, dread of unpopularity, constantly fails to enforce his judgments.

It is now understood that the Tsung-li Yamen will write a circular to the Legations, inviting foreign Representatives at once to consider with the Tsung-li Yamen the measures needed for the more effective administration of justice at the ports open to trade.

(iii.) It is agreed that whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation.

To the prevention of misunderstanding on this point, Sir Thomas Wade will write a note to the above effect, to which the Tsung-li Yamen will reply, affirming that this is the course of proceeding to be adhered to for the time to come. It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judicial proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality, the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice. If the officer so attending be dissatisfied with the proceedings it will be in his power to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case. This is the meaning of the words hui t'ung, indicating combined action, in judicial proceedings, in Article XVI. of the treaty of Tientsin; and this is the course to be respectively followed by the officers of either nationality.