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TREATY WITH CHINA. Jwrr 28, 186%

A&&fiti 0 64ia to &~ reak hetwemnt te UiAW~ .She cad N'ina,ofJt 18, 1858.BY THE P=ESIDJT OF THE UNITED STATES OF AMEMCA: Juy 8,1866

A PROCLAMATION.Wmum s certain additional articles to the treaty now in force be- Preambletween the United States of America and the Ta.Tsing Empire,signed at Tientsin the 18th day of June, 1858, were concluded andsigned by their plenipotentiaries at Washington, on the 28th day ofJuly, 1868, which additional articles are, word for word, as follows:Add . Arices to te Teatey b m te Uni c&ates ofAmeia andth e Th-Ting E'pireof tze 18th ofAtme, 1868.Wnuz"s, since the conclusion of the treaty between the United States ctratingof America and the Ta-Taing Empire (China) of the 18th of June, a.1858, circumstances have arisen showing the necessity of additional oL'dL p. 28'articles thereto, the President of the United States and the augustsovereign of the Ta-Tsing Em pire, have named for their plenipotenti-aries, to wit: the President of the United States of America, WilliamH. Seward, Secretary of State, and his Majesty the Emperor ofChina, Anson Barlingame, accredited as his Envoy Extraordinary andMinister Plenipotentiary, and Chih-Kang and Sun Chia-Ku, of the

second Chinese rank, associated high envoys and ministers of his saidMajesty, and the said plenipotentiaries, after having exchanged theirfull powers, found to be in due and proper form, have agreed upon thefollowing articles:Ai&T CL I. His Majesty the Emperor of China, being of the opinion No grant ofthat, in making concessions to the citizens or subjects of foreign powers theildeC0of the privilege of residing on certain traes of land, or resorting to China, c., tocertain waters of that empire for purposes of ttade, he has by no means give the right torelinquished his right of eminent domain or dominion over the said land atthe'eit'edand waters, hereby agrees that no such concession or grant shall be con- State, withi,etrued to give to any power or party which may be at war with or hostile &e

to the United States the right to attack the citizens of the United Statesor their property within the said lands or waters. And the United States, The Unitedfor themselves, hereby agree to abstain from offensively attacking the State agree tocitizens or subjects of any power or party or their property with which 'bstai"'Ithey may be at war on any such tract of land or waters of the said ain attacks;empire. But nothingilh this article shall be construed to prevent theUnited States from resisting an attack by any hostile power or party attaoL.upon their citizens or their property. It is further agreed that if any Grantf 1aright or interest in any tract of land in China has been or shall here- for purposes ofafter be granted by the government of China to the United States or trade, not to de-'ve China oftheir eitlzens for purposes of trade or commerce, that grant shall in no jurisdiction overevent be construed to divest the Chinese authorities of their right of suh plaeexjurisdiction over persons and property within said tract of land, exceptso far as that right may have been expressly relinquished by treaty.ANTICLE U. The United States of America and his Majesty the Privleges adEmperor of China, believing that the safety and prosperity of commerce Imnmuities ofwill theteby best be promoted, agree that any privilege or immunity in trade and say!-respect tO trade or navigation within the Chinese dominions which may P "

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740 TREATY WITH CHINA. Jvxr 28, 186&not have been stipulated for by treaty, shall be subject to the discre-tion of the Chinese government and may be regulated by it accordingly,but not in a manner or spirit incompatible with the treaty stipulations ofthe parties.Chinese con- ARTICLE III. The Emperor of China shall have the right to appoint

is at ot of consuls at ports of the United States, who shall enjoy the same privilegesStates. and immunities as those which are enjoyed by public law and freaty inthe United States by the consuls of Great B ritain and Russia, or eitherof them.Liberty of con- ARTICLE IV. The twenty-ninth article of the treaty of the 18th ofscience. June, 1858, having stipulated for the exemption of Christian citizens ofVol. xiL.p.1029. the United States and Chinese converts from persecution in Cbina onaccount of their faith, it is further agreed that citizens of the UnitedStates in China, of every religious persuasion, and Chinese subjects inthe United States, shall enjoy entire liberty of conscience, and shall beexempt from all disability or persecution on account of their religiousCemeters. faith or worship in either country. Cemeteries for sepulture of the dead,of whatever nativity or nationality, shall be held in respect and free fromdisturbance or profanation.Expatriatlon ARTICLE V. The United States of America and the Emperor ofand emigration. China cordially recognize the inherent and inalienable right of man tochange his home and allegiance, and also the mutual advantage of thefree migration and emigration of their citizens and subjects, respectively,from the one country to the other, for purposes of curiosity, of trade, oras permanent residents. The high contracting parties, therefore, join inreprobating any other than an entirely voluntary emigration for theseRemoval of purposes. They consequently agree to pass laws making it a penalcitizens from offence for a citizen of the Uuited States or Chinese subjects to taketheir countryagant theiwMl Chinese subjects either to the United States or to any other foreignmade apenal country, or for a Chinese subject or citizen of the United States to take

offence. citizens of the United States to China or to any other foreign country,without their free and voluntary consent respectively.Privilegeof ARTICLE VI. Citizens of the United States visiting or residing inmost favoed us China shall enjQy the same privileges, immunities, or exemptions in respectto travel or residence as may there be enjoyed by the citizens or subjectsof the most favored nation. And, reciprocally, Chinese subjeets visitingor residing in the United States, shall enjoy the same privileges, immuni-ties, and exemptions in respect to, travel or residence, as may there benot to confer enjoyed by the citizens or subjects of the most favored nation. ButnatWral~tlL nothing herein contained shall be held to confer naturalization uponcitizens of the United States in China, nor upon the subjects of China inthe United States.

Schools, &e. ARTICLE VIL Citizens of the United States shall enjoy al l theprivileges of the public educational institutions under the control of thegovernment of China, and, reciprocally, Chinese subjects shall enjoy allthe privileges of the public educational institutions under the control ofthe government of the United Stats, which are enjoyed in the respectiveountries by the citrmens or subjects of the most favored nation. Thecitizens of the United States may freely establish and maintain schoolswithin the Empire of China at those plaes where foreigners are by tx atypermitted to reside, and, reciprocally, Chinese subjects may enjoy thesame privileges and immunities in the United States.

The rght to ARTICLE VIII. The United States, always disclaiming ad dis-intervene in In- couraging all practices of unnecessary dictation and intervention by oneteadimprove-in Cmve nation in the affairs or domestic administration of another, do herebyd1savowed, freely disclaim and disavow any intention or right to intervene in thedomestic administration of China in regard to the construction of rail-roads, telegraphs, or other, material internal improvements. On the otherhand, his Majesty, the Emperor of China, reserves to himself the right

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TREATY WITH CHINA. JmuLr 28, 1868.to decide the time and manner and circumstances- of introducing suchImprovements within his dominions. With this mutual understanding it Eners fn.is agreed by the contracting parties that if at any time hereafter his -kp of ent.imperial Majesty shall determine to construct or cause to be constructedworks of the character mentioned within the empire, and shall makeapplication to the United States or any other western power for facilitiesto carry out that policy, the United States will, in that case, Iesignatelnduthorize suitable engineers to be employed by the Chinese govern.ment, and will recommend to other nations an equal compliance with suchapplication, the Chinese government in that ease protecting such engineersin their persons and property, and paying them a reasonable compensa-tion for their service.In faith whereof,the respective plenipotentiaries have signed this treaty Eonationand thereto affixed the seals of their arms.Done at Washington the twentyeighth day of July, in the year ofour Lord one thousand eight hundred and sixty-eight.

[rBnL.] WILiJAM H. SEWARD.ANSON BUBLINGAME.[sAr.] CHIH-KANG.SUN CHIA.-KU.

And whereas. the said additional articles have been duly ratified on atdoatiseaboth parts, and the respective ratifications of the same have been ex-changed.N6w, therefore, be it known that I, ULTsss . GiANT, President of Pwolmmlea.the United States of America, have. caused the said additional articles tobe made public, to the end that the same, and every clause and articlethereof, may be observed and fulfilled with good faith by the UnitedStates and the citiiens thereof.

In witness whereof I have hereunto set my hand and caused the sealof the United States to be affixed.Done at the city of Washington, this fifth day of February, in(suw.] the year of our Lord one thousand eight hundred and seventy,and of the Independence of the United States the ninety-fourth.U. 8. GRANT.By the President:

HAMILTON lun,&VreWye~t

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H i O li 16 S 742 1848 18712

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CONVENTION WITH GRAND DUCHY OF HESSE. AUG. 1, 1868. 748

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Augus 1, 186&A PROCLAMXTION.

W*MRAs a convention concerning the citizenship of emigrants betweenthe United States of America and the Grand Duchy of Hesse, wasconcluded and signed by their respective plenipotentiaries at Darm-stadt, on the first day of August, one thousand eight hundred and sixty-eight, which convention, being in the English and German languages, isword for word as follows: -

Primble.

Whereas an agreement was madeon the 22d of February,1868, be-tween the United States of Americaand the North German Confedera-tion, to regulate the citizenship ofthose persons who emigrate fromthe United States of America to theterritory of the North German Con-federation and from the North Ger-man Confederation to the. UnitedStates of America, and whereas thisagreement by publication in thebulletin of the laws of that Confed-eration has obtained binding forcein the parts of the Grand Duehy ofHesse belonging to the North Ger-man Confederation, it has seemedproper in like manner to establishregulations respecting the citizen-ship of such persons as emigratefrom the United States of Americato the parts of the Grand Duchy ofHesse not belonging to the NorthGerman Confederation, and from theabove-described parts of Hesse tothe Ugithd States of America.

ThePresidentof theUnited Statesof America and his Royal Highnessthe Grand Duke of Hese and byRhine have therefore resolved totreat on this subject, and for thatpurpose have appointed plenipoten-tiarie to conclude a convention,that is to say, the President of theUnited States of America, GeorgeBancroft, envoy extraordinary andminister plenipotentiary, and hisRoyal Highness the Grand Dukeof Hesse and by Rhine, &4., Dr.Frederick Baron von Lindelof,president of his council of state,

Nachdem swischen den Vereinig-ten Staaten Ton Amerika und demNorddeutschen Bunde, unterm 22.Februar, 1868, eine Vereinbarunggetroffen worden ist, um die Stants-angehisrigkeit derjenigen Personenzu regeln, welche aus den Vereinig-ten Staaten von Amerika in das Ge-biet des Norddeutschen Bundes nndaus dem Norddeutschen Bunde indie Vereinigten Stasten von Amer-ka einwandern, nachdem ferner dieseVereinbarungin den zum .Norddeut-schen Bunde gehrigen Theilen desGrossherzogthums Hessen dutch dieVerktindigung in dem GesetzblatteSenes Bundes verbindliche Krafterlangt hat, ist es angemessen er-schienen, in gleicher Weise Bestim-mungen festzuetzen tiber die Staats-angehibrigkeit solcher Personen,welche aus den Vereinigten Staatenvon Amerika in die nicht zurn Nord-deutcshen Bunde gehorigen Theiledes Grossherzogthums Heusen undaus dem soeben erwtihnten bessi-schen Gebietstheilen in die Vereinig-ten Stuaten von Amerikaehnwandern.Der Prsident der Vereinigten CantsatStaaten von Amerika und Seine P"IU*Kanigliche Hoheit, der Grossherzogvon Hessen und bei Rhei% et, ha-ben daher beschlossen, hierfiber zuunterhandeln und zn diesem Be-hufe Bevollmlichtigte ernannt, umeine Uebereinkunft abzuschliessen,nllmlich: der Priisident der Vere-nigten Staaten von Amerika, denausserordentlichen Gesandten undbevollmsehtigten Minister GeorgBancroft, und Seine K6nigliche Ho-heit der Grossherzog von Hessenand bei Rhein, etc., den Prisidentea

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