SUMMARY OF THE TREATY OF WANGHIA, SIGNED JULY 3d, 1844 (1845)

Source: The Friend. Honolulu: February, 1845. Page 23.

BETWEEN THEIR EXCELLENCIES HON. CALEB CUSHING AND KEYING, COMMISSIONERS RESPECTIVELY ON THE PART OF THE U. S. Of AMERICA AND CHINA.

Source: The Friend. Honolulu: February 1, 1845

Note.—This Treaty was ratified by the Emperor of China in August, and the ratification notified by H. E Keying to Commodore Parker, Sept. 14th. It was soon after published by the Chinese authorities, and its provisions go into effect without any further delay. This summary is taken from Keying’s memorial to the Emperor, which contains the entire Treaty.

Art. 1st. This provides for a perfect, permanent, and universal peace between the two nations. 

Art. 2d. This provides that all duties an imports and exports, shall be fixed and settled in a Tariff, which is made a part of the treaty; and that those duties shall never exceed those required of any other nation whatever. All fees are abolished. It secures also, to the United States, any and all privileges and advantages that may at any time hereafter be conceded by the Chinese to any other government or nation. 

Art. 3d. Secures free access to the live ports of Canton, Amoy, Fuchau, Ningpo, and Shanghai, for all citizens of the U. S. with their families and vessels. 

Art. 4th. Provides for the appointment and recognition of Consuls and other officers, at all these ports, for their official intercourse and personal correspondence, on terms of equality, and for redress in case of insult or injury.

Art. 5th. By this the citizens of the United States are permitted to import from their own or any other country, and to purchase and export to their own or any other country, all manner of merchandise not prohibited by this treaty, paying only the duties specified in the Tariff. 

Art. 6th. By this article, the tonnage duties are fixed at 5 mace per ton on vessels over 160 tons, and I mace only per ton on vessels under 160 tons. Measurement duties, &c, are abolished. It provides also that a vessel having occasion to go to a second port to clear off her cargo, shall not in that case pay tonnage duty a second lime. 

Art. 7. This exempts from tonnage duty all small craft, carrying only passengers, letters, provisions, Sic, not dutyable. 
Art. 8th. By this it is made lawful to hire passage and cargo boats, and to take into service pilots, compradors, linguists, writers, and all manner of laborers, seamen, arc. 

Art. 9th. Provides that the Chinese may appoint custom house officers to guard vessels in port, which officers may live on board, or in boats alongside, but are to receive no fees or provision from the ships. 

Art. 10th. This makes it incumbent on the parties concerned to report within 48 hours after coming to anchor in either of the five ports, the name of the ship, &c. , and imposes penalties for a neglect of the same. Due reports being made, cargo may be discharged in whole or in part. Or if it be desired, the vessel may, within 48 hours but not later, leave the port without paying tonnage duty, provided she has not broken bulk. After 48 hours, tonnage duties shall be held due. 

Art. 11th. Provides for the examination, discharge and lading of goods, and for the settlement of any disputes regarding the same. 

Art. 12th. By this, sets of standard balances, and also weights and measurses, according to the standard of the custom house at Canton, are to be provided at all the ports. 

Art. 13th. Provides that tonnage dues be paid on admission to entry; import duties on the discharge, and export duties on the lading of goods, and either in sycee or foreign money. Transit duties on foreign merchandise shall not exceed those at present established, wherever such merchandise may pass into the interior. 

Art. 14th. This article regulates for the transhipment of goods from one vessel to another, while in port. 

Art. 15th. This provides for free commerce with all subjects of China at the live ports, and disallows all monopolies and injurious restrictions. 

Art. 16th. By this article all responsibility for the debts of merchants is denied by both governments, while each engages to use all proper means to obtain payment of debts, and redress for frauds, &c. 

Art. 17th. By this article, houses and places of residence and of business, also churches, hospitals, and cemeteries, and sites for building the same, are secured to citizens of the United States. At the several ports and in their immediate vicinity, till citizens are allowed to pass and repass; but they are not permitted to go among the villages in the country. 

Art. 18th. By this article it is made lawful for citizens of the United States to employ scholars and people of any part of China, to teach any of the languages of the empire, and to purchase all manner of books. 

Art. 19th. This provides that the citizens of the United States snail receive and enjoy, for themselves and all appertaining to them, the special protection of the government, whose officers are to defend them from all insult and injury on the part of the Chinese. 

Art. 20th. This provides for the reexportation of merchandise, which can be done only to the other open ports, and this without any additional duties. 

Art. 21st. Criminals, of whatever nature or degree, shall be prosecuted and punished by their own governments respectively. 

Art. 22d. This provides for tiro neutrality of the United States' flag in case of war between China and any other country. 

Art. 23d. This requires the Consuls at each of the five ports, to make out annual reports of the trade, for transmission to the Hoard of Revenue at Peking. 

Art. 24th. Communications to the Chinese, from Citizens of the United States, shall be made through the Consuls. And so those from the Chinese, for the consuls, shall pass through the hands, and have the approbation of the local authorities. 

Art. 26th. All questions between citizens of the United States, or between thorn and subjects of other states, shall be sett led without reference to the Chinese, or any interference on their part. 

Art. 26th. Merchant vessels and their crews, in the five ports, shall be under the jurisdiction of the officer of the United States; and tho Chinese government will not hold itself bound to make reparation for any injury done to the same or to any citizens of the United Slates, by any foreign power. But the Chinese government will do all it can, to protect from robbers and pirates, to seize and punish all offenders of this sort, and to recover and restore plundered property. 

Art. 27th. This provides for cases of shipwreck, and requires that all persons and property shall have every possible protection, ships refitted, property restored, &c. 

Art. 28th. No embargo shall be laid on the citizens or vessels of the U, S, under any pretense whatever. 

Art. 29th. Deserters from on board American shins shall be arrested by the Chinese and delivered over to the Consuls or other officers. And any Chinese criminals who may take refuge on board ship, or in the houses of citizens of the United States, shall be delivered up on due requisition being mode by Chinese officers. 

Art. 30th. This prescribes and defines the terms of correspondence, which are in all respects those of equality and reciprocity. No presents shall ever be demanded of one government by the other. 

Art. 3lst. Communications from the government of the United States are to pass to the court of China, by the imperial commissioner charged with the superintendence of foreign affairs, or through the governors-general of Liang Kiting, Liang Kwang, sic. 

Art. 32d. Ships of war are to be hospitably received at any of the ports of China, and all facilities afforded for the purchase of provisions, making of repairs, ice. 

Art. 33d. Those who attempt to trade clandestinely at the ports not opened, or to introduce opium, or any other contraband article into China, shall be loft unprotected to the action of the Chinese government. Art. 84th. This provides for modifications of the treaty after a period of twelve years, and that no individual state of the Union shall send ministers plenipotentiary to  China.