Section 4. TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN RUSSIA AND CHINA. CONCLUDED AT TIENTSIN, JUNE th, 1858. (Translated from the French.) His Majesty the EMPEROR AND AUTOCRAT OF ALL THE RUSSIAS, and his Majesty the EMPEROR OF CHINA, holding it to be of the first necessity to define clearly the mutual relations between Russia and China, and to establish new regulations for the advantage of the two nations, have appointed, for such purpose, their plenipotentiaries, that is to say : His Majesty the Emperor of all the Russias, his Aide-de-camp, General Vice-Admiral Count EUPHEMIUS POUTIATINE, Imperial Commissioner to China and Commander-in-chief of the Russian squadron in the Pacific ocean; And his Majesty the Emperor of China for his empire, the Da-hioh-chi of the Oriental Section, Chief Director of the Tribunal of Criminal Justice, the High Functionary KWEILIANG, and for his empire the President of the Tribunal of Inspection, Chief of Division of the Heavy Infantry of the Blue-fringed Banner, the High Functionary HWASHANA. The said plenipotentiaries, in virtue of the power which they have received from their respective governments, have agreed and concluded upon the following articles : Mutual Peace and Protection to be maintained. (British, Art. 1.-American, Art. I-French, Art, I.) ARTICLE I.-The present treaty confirms afresh the peace and friendship which has existed through many years between his Majesty the Emperor of all the Russias and his Majesty the Emperor of China, and between their respective subjects. Russian subjects who reside in China, and Chinese subjects who may be in Russia, shall constantly enjoy the protection of the governments of the two empires, as well for the safety of their persons as for their property. Diplomatic Intercourse of the Two Governments. (British, Arts. III. and IV.-American, Arts. IV. and V.-French, Arts. V. and VI.) ARTICLE II.-Henceforward communications between the supreme government of Russia and the supreme government of China shall not be made as heretofore up to this time, by the Senate on the one part and the tribunal Li-fan-yuan on the other; but the minister of foreign affairs of Russia shail be the person who will communicate with the senior member of the council of state, or the chief minister at Peking. They shall treat on a footing of perfect equality. The ordinary correspondence of the personages above-mentioned shall be transmitted through the authorities on the frontiers of the two respective states. Communications of grave importance shall be carried to the capital by a person employed ad hoc, who shall be enabled to enter into verbal explanations with the members of the council of state and the chief minister. On his arrival, he shall transmit his dispatches through the medium of the Tribunal of Rites (Li Pou.) Equality shall be observed likewise in the correspondence and interviews of envoys and ministers plenipotentiary of Russia with the members of the council of state, the ministers of the court of Peking, and the governor-generals of frontier and maritime provinces; and in the relations between the governor-general and between the authorities on the frontiers of the two nations. If the Russian government should judge it necessary to appoint a minister plenipotentiary to reside in China, he shall treat in his personal relations and correspondence with the local Chinese authorities, and the minister at Peking, according to the general rules now recognized by all foreign states. The envoys of Russia may go to Peking, passing either by Kiakta and Urga, or by Takoo at the mouth of the Pei-ho, or by any other open port or city of China. After a preliminary notification, the Chinese government will immediately cause the necessary arrangements to be taken that the journey of the envoy and his suite may be prompt and comfortable. Ilis reception at the capital shall be marked by the honours due to his rank; suitable residences shall be prepared, and all things necessary shall be supplied him. All expenses occasioned by sending diplomatic missions from Russia to China shall be defrayed by the Russian government, and in no case become a charge on the Chinese government. Ports open to Russian Trade. (British, Art. IX.-American, Art. XIV.-French, Art XIII.) ARTICLE III.-Henceforward commerce between Russia and China shall be carried on not only at the places designated on the frontier, but also by sea. Russian merchant vessels may traffic at the following portsShanghai, Ningpo, Fuhchau-fu, Amoy, Canton, Taiwan-fu (on the island of Formosa), and Kiungchau-fu (on the island of Hainan.) Commerce to be according to Law. (British, Art. XVI.-American, Art. XV.-French, Art. XIII.) ARTICLE IV.-In future there shall be no limit placed by the two governments as to the number of merchants or amount of capital engaged in the commerce. In maritime commerce, and in all details which relate to it that is to say, invoices of goods imported, payment of harbour dues, duties according to existing tariffs, &c.,-Russian subjects shall conform to the general rules established for foreign commerce in the ports of China. All unlawful commerce which shall be carried on by Russians shall be punished by the confiscation of the merchandise landed, for the benefit of the Chinese government. Privileges of Russian Consuls in China. (British, Art XVII.-American, Art. X.-French, Art VIII.) ARTICLE V.-The Russian government shall be at liberty to appoint consuls in the ports open to commerce. It may send thither vessels of war to mantain order for Russian subjects, and to give aid to the authority of the consuls. The relations between the consul and the local authorities, the cession of ground suitable for the building of churches, of houses and stores, the purchase by Russians of lands from the Chinese, and all transactions which are of reference to the consul, shall be conducted in observance with the general rules of the Chinese government in business with foreigners. Shipwrecked Persons and Property. (British, Art XVIII-American, Art. XIII.-French, Art. XVI.) ARTICLE VI.-If a Russian war or merchant vessel should be wrecked on the coast, the nearest Chinese authorities shall at once give assistance to the crew, and shall take measures necessary for salvage of the vessel and cargo. It shall facilitate also the conveyance of the crew and cargo to the nearest port where there is a Russian consul, or an agent of a nation friendly to Russia, or to the frontier, if the shipwreck took place near it. The Russian government will reimburse the costs occasioned by saving the crew and cargo. In cases in which Russian war or merchant vessels may be under the necessity of making repairs or procuring fresh water and provisions, they may enter, on their route, ports not opened to commerce, and purchase what they need, at prices amicably agreed upon, and free from any obstacles interposed by the local authorities. Each Nation to exercise Jurisdiction over its own Subjects. (British, Art. XXIV.-American, Art. XXVII.-French, Art. XXIV.) ARTICLE VII. Any dispute between Russian and Chinese subjects, in the open ports and cities, shall be examined into by the Chinese authorities in concert with the Russian consul, or the agent who represents the authority of the Russian government at the place. Russian subjects guilty of any offence or crime shall be judged according to Russian law. In like manner, Chinese subjects, for every crime or attempt against the person or property of a Russian, shall be tried and punished according to the laws of their country. Russian subjects who shall have penetrated into the interior of China, and shall have there committed some crime or offence, shall be taken to the frontier, or to one of the open ports where a Russian consul may reside, to be tried and punished according to the Russian laws. Toleration of the Christian Religion. (British, Art. XIII.-American, Art. XXIX-French, Art. XI.) ARTICLE VIII.-The Chinese government having recognised the fact that the Christian doctrine promotes the establishment of order and peace among men, promises not to persecute its Christian subjects for the exercise of the duties of their religion; they shall enjoy the protection of all those who profess other creeds tolerated in the empire. The Chinese government, considering the Christian missionaries as worthy men who do not seek worldly advantages, will permit them to propagate Christianity amongst its subjects, and will not hinder them from moving about in the interior of the empire. A certain number of missionaries, setting out from the open ports or cities, shall be provided with passports, signed by Russian authorities. Frontier between Russia and China to be defined. ARTICLE IX.-Those parts of the boundary between Russia and China which are not ascertained shall be examined, without delay, at the places themselves. The two governments will appoint for this purpose deputies, who shall fix the line of demarcation, and shall conclude in relation thereto a convention, which shall be annexed as a separate article to the present treaty. Maps and detailed description of the frontier shall be afterwards prepared, and will serve as incontestable documents for future time. Russian Ecclesiastical Mission at Peking. ARTICLE X.-There shall no longer be a fixed term for the sojourn of the Russian ecclesiastical mission at Peking. The members of such mission may, on the authorization of their government, return to their native country at any time. The vacancy may be filled by a new member. The Chinese government shall no longer be at expense for maintaining the mission; all its expenses shall be at the charge of the Russian government. The travelling expenses of members of the mission, of couriers, and of other persons whom the Russian government may dispatch from Kiakta and the open ports of China, and vice versa, shall be paid by the Russian government. The Chinese local authorities are under obligations on their part to take the necessary measures that the journeys of all the persons above-mentioned be speedy and convenient. International Postal Service by Kiakta. ARTICLE XI.-A regular post service shall be established between Kiakta and Peking, for communication between the two governments, as well as for the use of the ecclesiastical mission at Peking. The Chinese courier shall be dispatched on a fixed day, once a month from Peking to Kiakta; and shall in the space of fifteen days, or less, deliver the official packets and letters at their place of destination. Moreover, every three months, or four times a year, a convoy shall be dispatched at Kiakta for Peking, and vice versa, for the transportation of all kinds of remittances and effects. This convoy shall make the journey in the period of one month. All the expenses occasioned by the establishment and upholding of these communications shall be paid, one half thereof by each government. Russians to enjoy the same Privileges in China as others. ARTICLE XII.-All privileges, political, commercial, or other, which shall hereafter be acquired by nations the most favoured by the Chinese government, shall at the same time be extended to Russia, without needing any preliminary negotiation. This treaty shall be presently ratified by the Emperor of China; and after it shall have been ratified by the Emperor of Russia, the exchange of ratifications shall be made at Peking in one year, or sooner, if it can be done. Copies in the Russian, Manchu, and Chinese languages, bearing the signatures and seals of the plenipotentiaries of the two nations, are now exchanged, and the Manchu text shall serve as the basis of interpretation of all the articles of the treaty, which shall be observed by the two high contracting parties faithfully and inviolably. year Done and signed in the city of Tientsin, the th of June, of the 1858 after the birth of Jesus Christ, and in the fourth year of the reign of his Majesty Alexander II. (L. S.) (L. S.) COUNT EUPHEMIUS POUTIATINE. HWASHANA. In pursuance to Act. IX. of this treaty, the frontier was examined by Chinese and Russian commissioners, and its limits expressed in a treaty of fifteen articles drawn up at Peking between his Imperial Highness Prince Kung and General Ignatieff, and signed November 14th, 1860. In Art. I. it is stipulated that the eastern boundary shall follow the river Amoor to its junction with the river Usuri, the country to the north belonging to Russia, and that to the south belonging to China. From the mouth of the Usuri southward to lake Hingka, that river and the Songatchan shall be the boundary, east of which shall be Russian, and west of which Chinese, territory; from the source of the Songatchan the boundary shall traverse lake Hingka directly to the Peh-ling; and from the mouth of the Pen-ling, it shall follow the range of mountains to the Huptu's mouth, and thence to the mouth of the Tu-men, running along the Hu-chun and Hai-chungkien range: east of this line belongs to Russia, and west of it to China. Along the frontier of the river Tu-men, there shall be a line of neutral territory 20 li in breadth. From the time of setting up the boundary marks there shall never be any changes made; and Russia engages not to encroach upon Chinese territory next the frontiers, nor will ground be seized in any other part of China. In Art II. the old boundary of 1728 is maintained from the Amoor to Tarbagatai, thence the western boundary reaches westward to lake Dzisang, from which, following the range of the Tien-shan southwesterly to Lake Temurtu, it proceeds on south and west to the frontiers of Khokand. Art. III. provides for placing boundary marks and exchanging certified maps of the frontier, to mark and authenticate it position. No duties are to be levied by either nation along the entire frontier. Art. V. provides that Russian merchants may trade at Kurun and Kalgan or Changkia-kau, between Kiakta and Peking. The number of Russian merchants at any mart in China (i. e. beyond the Great Wall) shall not exceed two hundred. Art. VI. stipulates for trade at Ili, Tarbagatai or Tuguchuk, and at Kashgar; and Art. VIII. provides for the establishment of consuls at these three places and Kurun, and defines their duties and powers. Art. VII. allows the merchants of each nation, while frequenting the marts of the other, to carry on their traffic without interference on the part of officials as to the time of their sojourn or the extent of their business. Art. XII. explains the times and modes of conveying letters and parcels from Kiakta to Peking; the monthly post shall not exceed twenty days in transit, and the boxes and parcels from Kiakta shall be forwarded once in two months, not over 20 packages at a time, and none of them exceeding 120 catties in weight. The couriers shall always stop at the Russian consul's in Kurun on their journey. The Russian minister or Russian merchants may send their own couriers at any time, after obtaining permission from the |