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CHINA, 1858.
137

commerce, political or other intercourse, which is not conferred by this treaty, such right, privilege, and favor shall at once freely inure to the benefit of the United States, its public officers, merchants and citizens.

Ratifications. The present treaty of peace, amity and commerce shall be ratified by the President of the United States, by and with the advice and consent of the Senate, within one year, or sooner, if possible, and by the August Sovereign of the Ta Tsing Empire forthwith; and the ratifications shall be exchanged within one year from the date of the signatures thereof.

Signatures. In faith whereof, we, the respective Plenipotentiaries of the United States of America and of the Ta Tsing Empire, as aforesaid, have signed and sealed these presents.

Date. Done at Tien-tsin this eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight, and the independence of the United States of America the eighty-second, and in the eighth year of Hienfung, fifth month, and eighth day.

[l. s.] WILLIAM B. REED.
[l. s.] KWEILIANG.
[l. s.] HWASHANA.

Note to Article XIX.—On the 17th July, 1867, it had been agreed between the Chinese Government and Mr. Burlingame, United States Minister at Pekin, that, subject to ratification by the Government of the United States, Article XIX should be modified us hereinafter stated. The proposed modification having been submitted to the Senate, that body, by its resolution of January 20, 1868, did "advise and consent to the modification of the treaty between the United States and China, concluded at Tien-tsin, on the 18th of June, 1858, so that the nineteenth article shall be understood to include bulks and storeships of every kind under the term merchant vessels; and so that it shall provide that if the supercargo, master, or consignee shall neglect, within forty-eight hours after a vessel casts anchor in either of the ports named in the treaty, to deposit the sbip’s papers in the hands of tho Consul, or person charged with his functions, who shall then comply with the requisitions of the nineteenth article of the treaty in question, he shall be liable to a fine of fifty taels for each day’s delay. The total amount of penalty, however, shall not exceed two hundred taels."

Note to Article XXI.—On the 7th April, 1863, it was agreed between Mr. Burlingame, United States Minister at Pekin, and the Government of China, that, subject to the ratification of the Government of the United States, the twenty-first article of the treaty of June 18, 1858, "shall be so modified as to permit duties to be paid, when goods are reëxported from any one of the free ports of China, at the port into which they are finally imported; and that drawbacks shall be substituted for exemption certificates at all the ports, which drawbacks shall be regarded as negotiable and transferable articles, and be accepted by the custom-house from whatsoever merchant who may tender them, either for import or export duty to be paid by him."

The Senate advised and consented to this modification by resolution of February 4, 1864; and it was accepted, ratified, and confirmed by the President February 22, 1864.


CHINA, 1858.

Nov. 8, 1858.

SUPPLEMENTAL CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE TA TSING EMPIRE, FOR THE REGULATION OF TRADE, CONCLUDED AT SHANGHAI NOVEMBER 8, 1858; RATIFICATION ADVISED BY SENATE MARCH 1, 1859; RATIFIED BY PRESIDENT MARCH 3, 1859; RATIFICATIONS EXCHANGED AT PETANG AUGUST 15, 1859.

Preamble.

Whereas a treaty of peace, amity, and commerce between the Ta Tsing Empire and the United States of America was concluded at Tien-tsin, and signed at the Temple of Hai-Kwang on the eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight, corresponding with the eighth day of the fifth moon of the eighth year of Hienfung; which said treaty was duly ratified by His Majesty the Emperor of China, on the third day of July following, and which has been now transmitted for ratification by the President of the United States, with the advice and consent of the Senate; and whereas in the said [See Article XV, treaty of June 18, 1858, p. 133.] treaty it was provided, among other things, that the tariff of duties to be paid by citizens of the United States on the export and import of goods from and into China shall be the same as was agreed upon at the