The Archive · 1871

PROPOSED TREATY BETWEEN OMINA AND PORTUGAL IN 1802

On the 13th of August, 1862, itis Excellency Isodoro F. Guimarazs, the Governor-general of the colony, signed a treaty at Tientsin, which he had negotiated with the Chinese commissioners Hang-ki and Tsung-hau, in which its independence from. Chinese control was established. The treaty contains fifty-four articles, but as most of them are comereial regulations, similar to those in the other treaties, those only are quoted which specially relate to Portugal, and reference is made to the French and English treaties.

Arr. I. Stipulates for constant peace and amity between the high contracting parties and protection to their subjects.

Our, LI, Anmuls everything which had Deen done previously "with respect to the relations between Portugal and the empire of China, and between the government of the city of Macao (formerly in the province of Kwangtung) and the Chinese authorities," and makes the present treaty the only valid regulation of these relations.

Anr. LI. The Governor-general of Macao, in his capacity of plenipotentiary of is most Faithful Majesty in China, inly visit the Court of Peking every year, should important affairs render it necessary. If, hereafter, the government of his Majesty the Emperor of China shall allow the plenipotentiary of any other foreign nation to reside permanently at Peking, besides those who have alrendy their representatives there, the envoy of H. M. F. Majesty may consider such permission as extending to himself, and avail of it should he deem it convenient."

Ants. IV, and V. Same as the 2d and 3a paragraphs of Art. 11, of the French treaty.

Aut. VI. Provides that official correspondence he sent to the Chinese authorities in the Portuguese language, with a translation into the Chinese; and that both versions of the present treaty be held as equally valid.

Ant, VII, Same as Art. 1m. of the French treaty.

Ant. VILL. Stipnlates that Portuguese consuls may be appointed at all the open ports, and shall be received and addressed on terms of civility and perfect equality. Consuls and acting consuls shall have the rank of futai, or intendant of circuit; and vice-consuls, consular agents, and interpreters, that of prefect. These functionaries are'to be true agents of the Portuguese government, and not merchants. The Chinese government, however, will make no objection. in case the Portuguese government shall deem it unnecessary to appoint a full consul to any of the ports, and choose to intrust a consul of another nation, for the time being, with the duties of a Portuguese consul at that port."

Ant. IX. "His Majesty. the King of Portugal, and his Majesty the Emperor of China, desiring to manifest their reciprocal amicable intentions, have expressly agreed as follows:—All the subjects of both states shall always be treated, reciprocally, as friends in any part of the Portuguese or Chinese territories. H.M: the King of Portugal will enjoin upon the governor of Macao to bestow his most earnest cooperation'to avoid everything which might, at that place, be prejudicial to the interests of the Chinese Empire.

"His Majesty the Emperor of China may appoint, should he deem it convenient, an agent to reside at Macao, there to treat fof commercial affairs, and' watch the due observance of the regulations; he must, however, be either'a Manchu or a Chinese of the fourth or fifth rank. His powers are to be equal to those of the consuls of France, England, America, or of those of other nations who reside at Macao and Hongkong, and there treat of their public affairs, showing their national flags."

Our, X, Enumerates the fourteen open ports in China at which Portuguese subjects may reside with their families and trad Our, XI. Same as Art. xi. of the British treaty. i Arr. XII. Contains rules respecting traveling in the interior of China, like Art. vu. of the French treaty.

Arr. XIII Provides for building houses, e., like Ayr ays. of the British treaty.

Ants. XIV foxx. These articles severally contain the same regulations as Arts. xiv. to the British tre Arr, XXI._ Stipulates that Chinese criminals, seeking refuge in Macao, or on board Portuguese ships lying in its harbor, shall be surrendered, on requisition and proof of their guilt'; and likewise such oltonders us may take refuge with Portuguese subjects at the open ports. The article is like Art, xxr of the British treaty.

Ant, XXIL Contains mutual' obligations on the part of the Chinese and Portuguese authorities to nid in recovery of debts, and arrest of fraudulent debtors.

Arr. XXIII. "Indicates the rates of tonnage dues; 4 mace per ton on all vessels over 150 tons, and one mace per ton on those less than 150 tons. and XXV. are like the eas Art, xxviT. in the British gear.

Axr. XXVIL The captain of a Portuguese ship may, when he deems it convenient, land only a part of his cargo at any of the open ports, paying the duties due on the portion londo Arr. XXVUL. Provides for, the observancy of the regulations which may be made respecting the introduction of duty goode ints the interior, and of thoes ight in the country, which are. to be shipped on the Yangtsz' River, or on the seaboard. The custom-house officers who do not comply with the regulations, or who may exact more duties than are due, shall be punished according to the Chinese laws."

Kur. XXIX- Is Tike the tecond paragraph of the same article in the British treaty.

Ant. XXX, In addition to the provisions of the same article in the British treaty, stipulates that the master of a ship must ive notice of his arrival as_soon as he enters the port, and is liable to a fine for delaying to do sv over two days.

Aurs, XXXI to XLIX. These are severally similar in their' provisions to those articles in the British treaty, which are numbered with the same numbers.

Our. L, Allows Portuguese national vessels to resort to any port in China; same as Art, mat. of the British treaty. ion of any pirates. In case of contravention of this, the ship and her enrgo will be liable to confiscation, and the criminals surrendered to the Pornguese government to be tried and punished with the utmost rigor of the lay." ner. LI. " All advantages and immunities which the Chinese government may hereafter concede to any other nation shall enure to the Portuguese government. And on its part, the Portuguese government, when another nation concedes: to Chins any advantages, will show, likewise; its friendship in the best way possible."

Text read from the printed page and cleaned; old type leaves the occasional error.

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