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This additional and explanatory convention, upon its being duly rati fied by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Chili, with the consent and approbation of the Congress of the same, and the respective ratifications mutually exchanged, shall be added to, and make a part of, the treaty of peace, amity, commerce, and navigation between the United States of America and the Republic of Chili, signed on the said 16th day of May, 1832, having the same force and effect as if it had been inserted word for word in the aforesaid treaty. In faith whereof we, the undersigned Plenipotentiaries of the United States of America and the Republic of Chili, have signed, by virtue of our powers, the aforesaid additional and explanatory convention, and have caused to be affixed our hands and seals, respectively.

Done in the city of Santiago this first day of September, 1833, and in the 58th year of the Independence of the United States of America, and the 24th of the Republic of Chili.

[L. S.] L. S.

JNO. HAMM.
ANDRES BELLO.

CHILI, 1858.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF CHILI-ARBITRATION OF MACEDONIAN CLAIMS-CONCLUDED AT SANTIAGO, NOVEMBER 10, 1858; RATIFICATIONS EXCHANGED OCTOBER 15, 1859; PROCLAIMED, DECEMBER 22, 1859.

Convention between the United States of America and the Republic of

Chili.

The Government of the United States of America and the Government of the Republic of Chili, desiring to settle amicably the Claims to be setclaim made by the former upon the latter for certain citizens led.

of the United States of America, who claim to be the rightful owners of the silver, in coin and in bars, forcibly taken from the possession of Capt. Eliphalet Smith, a citizen of the United States of America, in the valley of Sitana, in the territory of the former Vice-Royalty of Peru, in the year 1821, by order of Lord Cochrane, at the time ViceAdmiral of the Chilian squadron, have agreed, the former to name John Bigler, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, and the latter Don Geronimo Urmeneta, Minister of State in the Department of the Interior and of Foreign Relations, in the name and in behalf of their respective Governments, to examine said claim and to agree upon terms of arrangement just and honorable to both Governments.

Negotiators.

Exchange 01

The aforesaid Plenipotentiaries, after having exchanged their full powers, and found them in due and good form, sincerely desiring to preserve intact and strengthen the friendly powers. relations which happily exist between their respective Governments, and to remove all cause of difference which might weaken or change them, have agreed, in the name of the Government which each represents, to submit to the arbitration of His Majesty the King of Bel- Matter in dispute gium, the pending question between them, respecting the to be submitted to legality or illegality of the above referred to capture of sil- King of Belgium. ver in coin and in bars, made on the ninth day of May, 1821, by order of Lord Cochrane, Vice-Admiral of the Chilian squadron, in the valley of

the arbitration of the

Sitana, in the territory of the former Vice-Royalty of Peru, the proceeds of sales of merchandise imported into that country in the brig Macedonian, belonging to the merchant marine of the United States of America.

Therefore the above-named Ministers agree to name His Majesty the King of Belgium as arbiter, to decide with full powers and proceedings ex æquo et bono, on the following points:

Points for arbiter to decide.

First. Is, or is not, the claim which the Government of the United States of America makes upon that of Chili, on account of the capture of the silver mentioned in the preamble of this convention, just in whole or in part?

Second. If it be just in whole or in part, what amount is the Government of Chili to allow and pay to the Government of the United States of America, as indemnity for the capture?

Third. Is the Government of Chili, in addition to the capital, to allow interest thereon; and, if so, at what rate and from what date is interest to be paid?

Proof upon which

cide.

The contracting parties further agree that his Majesty the King of Belgium shall decide the foregoing questions upon the corthe umpire is to de- respondence which has passed between the representatives of the two Governments at Washington and at Santiago, and the documents and other proofs produced during the controversy on the subject of this capture, and upon a memorial or argument thereon to be presented by each.

Each party to furnish the arbiter with a copy of the correspondence and documents above referred to, or so much thereof as it desires to present, as well as with its said memorial, within one year at furthest from the date at which they may respectively be notified of the acceptance of the arbiter.

Each party to furnish the other with a list of the papers to be presented by it to the arbiter, three months in advance of such presentation.

And if either party fail to present a copy of such papers, or its memorial, to the arbiter, within the year aforesaid, the arbiter may make his decision upon what shall have been submitted to him within that time. The contracting parties further agree that the exception of prescription, raised in the course of the controversy, and which has been a subject of discussion between their respective Governments, shall not be considered by the arbiter in his decision, since they agree to withdraw it and exclude it from the present question.

Each of the Governments represented by the contracting parties is authorized to ask and obtain the acceptance of the arbiter; and both promise and bind themselves in the most solemn manner to acquiesce in and comply with his decision, nor at any time thereafter to raise any question, directly or indirectly, connected with the subject-matter of this arbitration.

This convention to be ratified by the Governments of the respective contracting parties, and the ratifications to be exchanged within twelve months from this date, or sooner, if possible, in the city of Santiago.

In testimony whereof the contracting parties have signed and sealed this agreement in duplicate, in the English and Spanish languages, in Santiago, the tenth day of the month of November, in the year of our Lord one thousand eight hundred and fifty-eight.

[L. S.]

[L. S.]

JOHN BIGLER,

Envoy Extraordinary and Minister Plenipotentiary
of the United States of America.
GERONIMO URMENETA,

Plenipotenciario ad hoc.

CHINA.
CHINA, 1844.

TREATY WITH CHINA, CONCLUDED JULY 3, 1844; RATIFICATIONS EXCHANGED DECEMBER 31, 1845; PROCLAIMED APRIL 18, 1846.

The United States of America and the Ta Tsing Empire, desiring to establish firm, lasting, and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries:

Negotiators.

For which most desirable object the President of the United States has conferred full powers on their Commissioner, Caleb Cushing, Envoy Extraordinary and Minister Plenipotentiary of the United States to China; and the August Sovereign of the Ta Tsing Empire on his Minister and Commissioner Extraordinary Tsiyeng, of the Imperial House, a Vice Guardian of the Heir Apparent, Governor General of the Two Kwang, and Superintendent General of the trade and foreign intercourse of the five ports.

And the said Commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles:

ARTICLE I.

There shall be a perfect, permanent, and universal peace, and a sincere and cordial amity, between the United States of America

Peace and amity.

on the one part, and the Ta Tsing Empire on the other part, and between their people respectively, without exception of persons or places.

ARTICLE II.

Duties, fees, &c.

Citizens of the United States resorting to China for the purposes of commerce will pay the duties of import and export prescribed in the tariff, which is fixed by and made a part of this treaty. They shall, in no case, be subject to other or higher duties than are or shall be required of the people of any other nation whatever. Fees and charges of every sort are wholly abolished, and officers of the revenue, who may be guilty of exaction, shall be punished according to the laws of China. If the Chinese Government desire to modify, in any respect, the said tariff, such modification shall be made only in consultation with Consuls or other functionaries thereto duly authorized in behalf of the United States, and with consent thereof. And if additional advantages or privileges, of whatever description, be conceded hereafter by China to any other nation, the United States, and the citizens thereof, shall be entitled thereupon to a complete, equal, and impartial participation in the same.

ARTICLE III.

The citizens of the United States are permitted to frequent the five ports of Kwang-chow, Amoy, Fuchow, Ningpo, and Shanghai, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise to States.

Ports which may be frequented by citizens of the United

and from any foreign port and either of the said five ports, and from either of the said five ports to any other of them. But said vessels shall not unlawfully enter the other ports of China, nor carry on a clandestine and fraudulent trade along the coasts thereof. And any vessel belonging to a citizen of the United States which violates this provision shall, with her cargo, be subject to confiscation to the Chinese Government.

Consuls, &c.

ARTICLE IV.

For the superintendence and regulation of the concerns of the citizens of the United States doing business at the said five ports, the Government of the United States may appoint Consuls or other officers at the same, who shall be duly recognized as such by the officers of the Chinese Government, and shall hold official intercourse and correspondence with the latter, either personal or in writing, as occasions may require, on terms of equality and reciprocal respect. If disrespectfully treated or aggrieved in any way by the local authorities, said officers on the one hand shall have the right to make representation of the same to the superior officers of the Chinese Government, who will see that full inquiry and strict justice be had in the premises; and, on the other hand, the said Consuls will carefully avoid all acts of unnecessary offence to, or collision with, the officers and people of China.

Privilege of trade

ARTICLE V.

At each of the said five ports, citizens of the United States lawfully engaged in commerce shall be permitted to import from given to the citizens their own or any other ports into China, and sell there, and of the United States. 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 hereinbefore established, and no other charges whatsoever.

The papers of vesStates arriving at

ports.

Tonnage duties.

ARTICLE VI.

Whenever any merchant vessel belonging to the United States shall enter either of the said five ports for trade, her papers shall sels of the United be lodged with the Consul, or person charged with affairs, either of the five Who will report the same to the commissioner of customs; and tonnage duty shall be paid on said vessel at the raté 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 the 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.

ARTICLE VII.

No tonnage duty shall be required on boats belonging to citizens of the United States, employed in the conveyance of passengers, baggage, letters, and articles of provision, or others not subject to duty, to or from any of the five ports. All cargo boats, however, conveying mer chandise subject to duty, shall pay the regular tonnage duty of one mace per ton, provided they belong to citizens of the United States, but not if hired by them from subjects of China.

ARTICLE VIII.

Pilots, &c.

Citizens of the United States, for their vessels bound in, shall be allowed to engage pilots, who will report said vessels at the passes, and take them 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 Government, without interference on the part of the local officers of the Chinese Government.

ARTICLE IX.

Custom-house offi

cers.

Whenever merchant vessels belonging to the United States shall have entered port, the superintendent of customs will, if he see fit, appoint custom-house officers to guard said vessels, who may live on board the ship or their own boats, at their convenience; but provision for the subsistence of said officers shall be made by the superintendent of customs, and they shall not be entitled to any allowance from the vessel or owner thereof; and they shall be subject to suitable punishment for any exaction practiced by them in violation of this regulation.

ARTICLE X.

States on their ar

Whenever a merchant vessel belonging to the United States shall cast anchor in either of said ports, the supercargo, master, Proceedings of vesor consignee, will, within forty-eight hours, deposit the ship's sels of the United papers in the hands of the Consul or person charged with the rival in China. 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 permit, 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 desire 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

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