No. 486.
Mr. Halderman to Mr. Frelinghuysen.

[Extract.]
No. 63.]

Sir: I transmit herewith what purports to be the text of the new treaty of peace between France and Annam, concluded at Hué, on 25th August last, as published by the Saigon Independent, a reputable journal of French Cochin-China.

* * * * * * *

I have, &c.,

JOHN A. HALDERMAN.
[Page 760]
[Inclosure in No. 63.-—Translation.]

Treaty of Hué.

The Independent publishes the actual text of the treaty of Hué, as follows: The following is the exact text of the peace preliminaries signed at Hué, on the 25th of August last.

Between the undersigned:

J. T. Harmand, commissioner-general, plenipotentiary of the French Republic, acting in the name of France, assisted by Messrs. Palasne de Champeaux, principal administrator of native affairs in Cochin-China, formerly chargé d’affaires of France, at Hué; Ory, head of the cabinet of the commissioner-general; De la Bastide, captain of engineers, aid-de-camp of the commissioner-general; Masse, administrator of native affairs in Cochin-China; Haitee, interpreter of the French Government in China, private secretary of the commissioner-general.

On the other hand, their excellencies Tran Dinh Tuc, first plenipotentiary, (Hiep Bien Dai Hoc Si) grand censor; Nguyen Trong Hiep, second plenipotentiary; (Lai Bo Thurong tho), minister of the interior and foreign affairs of His Majesty the King of Annam, acting in the name of the Government of Aunam, assisted by HuinhHuuTnu-rong (Song Bien Noi Cac), member of the privy council.

The following articles have been agreed upon:

Article I.

Annam recognizes and accepts the protectorate of France with the consequences of this kind of relations from the point of view of European diplomatic law; that is to say, that France shall preside over the relations of all foreign powers, including China, with the Government of Annam, which shall not have the right to communicate diplomatically with the said powers save through the medium of France.

Article II.

The province of Binh-Thuan is annexed to the French possessions in Lower Cochin-China.

Article III.

A military force shall permanently occupy the Deo-ngang chain of mountains, which ends at Cape Vunkiua, together with the forts of Thuan-An and those of the entrance of the Hué River, which shall be reconstructed according to the pleasure of the French authorities. The forts are called in the language of Annam Hai Duon, Tran, Hai, Thai Duong, Trun Lang, Hap-chan, Lo Thau, and Luy Moi.

Article IV.

The Annamese Government shall immediately recall the troops sent to Tonquin, the garrisons of which shall be placed on a peace footing.

Article V.

The Annamese Government shall order the mandarins of Tonquin to resume their posts, shall appoint new incumbents for the vacant posts, and shall confirm, after a mutual understanding shall have been reached, the appointments made by the French authorities.

Article VI.

Provincial officers from the northern frontier of Binh Thuan to that of Tonquin (and by this latter we understand the Deo-ngang chain, which is to servo as a limit) shall act, as in the past, without being subject to French control, except as regards custom-houses or public works, and in general everything requiring special direction and the technical knowledge of European experts.

Article VII.

Within the above limits the Annamese Government shall declare open to the commerce of all nations, in addition to the port of Qui-Nhon, those of Tourane and Xuan Day. It shall subsequently be matter for discussion whether it will not be [Page 761] advantageous to the two states to open other ports, and the limits of French concessions in open ports shall also be fixed. France shall keep officers there under the orders of the President of France at Hué.

Article VIII.

France may erect a light-house either at Cape Varela, or at Cape Padaran or at Poula Cecir, on the sea, according to the recommendations of a report to be prepared by French officers and engineers.

Article IX.

The Government of His Majesty the King of Annam engages to repair, the expense to be borne by both parties and after an understanding between the two high contracting parties, the high-road from Hanoi to Saigon, and to keep it in good condition, so that carriages may pass over it. France shall furnish engineers to superintend the construction of bridges, tunnels, &c.

Article X.

A telegraph line shall be established on this route and shall be worked by French officers. A part of the charges shall be paid over to the Annamese Government, which in return shall grant the land required for the stations.

Article XI.

There shall be at Hué a resident, who is an officer, of a very high rank. He shall not interfere in the internal affairs of the province of Hué, but he shall be the representative of the French protectorate under the control of the commissioner-general delegated by the Government of the French Republic, who shall preside over the foreign relations of the Kingdom of Annam, but who may delegate his authority, either in whole or in part, to the resident at Hué.

The resident of France at Hué shall be entitled to a private and personal audience with His Majesty the King of Annam, who shall not refuse to receive him, except for urgent reasons.

Article XII.

In Tonquin there shall be a resident at Hanoi, one at Haiphong, one in such maritime cities as may hereafter be founded, and one in the chief town of each large province. As soon as there shall be need of them, the chief towns of the secondary provinces shall likewise receive French officers, who shall be placed under the authority of the residents in the large provinces of which they are dependencies, according to the system of the administrative divisions of the country.

Article XIII.

The residents or the adjunct residents shall be aided by such assistants as may be necessary to them, and shall be protected by a French or native garrison sufficient to afford them perfect safety.

Article XIV.

The residents shall refrain from interfering in the details of the internal government of the provinces, The native mandarins of all classes shall continue to govern under their surveillance, but they may be changed at the request of the French authorities if they shall manifest an unfriendly disposition towards them.

Article XV.

French officers and employés of all classes belonging to the general service, such as posts and telegraphs, treasury, custom-houses, public works, French schools, &c., shall have official relations with the Annamese authorities through the medium of the residents only.

Article XVI.

The residents shall dispense justice in all civil, correctional, or commercial cases between Europeans of all nationalities and natives, between the latter and such Asiatic foreigners as may desire to enjoy the advantages of French protection.

Appeals from the decisions of the residents shall be made at Saigon.

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Article XVII.

The residents shall control the police, the urban agglomerations, and their right of control over native officers shall be extended according to the developments of the aforesaid agglomerations.

Article XVIII.

The residents shall centralize, with the co-operation of the Quan-Bô, the tax service, and they shall exercise surveillance over the collection and use of the taxes.

Article XIX.

The recognized custom-houses shall be wholly intrusted to French collectors of customs. There shall be only maritime and frontier custom-houses, and these shall be established wherever there may be need of them. No complaint shall be received in connection with custom-houses on account of measures taken by the military authorities at Tonquin.

Article XX.

French citizens or subjects shall enjoy throughout Tonquin, and in the open ports of Annam, entire freedom as regards their persons and property. In Tonquin, and within the limits of the open ports of Annam, they may travel, settle, and own property without restraint. The same shall be the case with all foreigners claiming the benefit of French protection, either permanently or temporarily.

Article XXI.

Persons who, for scientific or other reasons, may desire to travel in the interior of Annam, shall not be authorized to do so otherwise than through the medium of the resident of France at Hué, of the governor of Cochin-China, or of the commissioner-general of the Republic in Tonquin. These authorities shall issue passports to them, which shall be presented to be viséd by the Annamese Government.

Article XXII.

France shall keep, so long as this precaution shall appear necessary to it, military posts along the Red River, so as to secure free travel thereon. It may likewise erect permanent fortifications wherever it may see fit.

Article XXIII.

France engages henceforth to guarantee the complete integrity of the states of His Majesty the King of Annam, to defend that sovereign against all rebellions from within and against all aggressions from without, and to maintain his just claims against foreigners.

France engages to drive the bands known as the Black Tents out of Tonquin without assistance from any other power, and thereby to secure the safety and freedom of commerce on the Red River.

His Majesty the King of Annam shall continue, as he has done heretofore, to direct the internal administration of his states, with such restrictions as are provided for by the present convention.

Article XXIV.

France likewise engages to furnish to His Majasty the King of Annam, all such inspectors, engineers, experts, officers, &c., as he may require.

Article XXV.

France shall consider everywhere, both at home and abroad, all Annamese as its actual protégé’s.

Article XXVI.

The present debt of Annam to France shall be considered as paid by the concession of Binh-Thuan.

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Article XXVII.

Subsequent conference shall fix the portion to be allowed to the Annamese Government of the amount yielded by the custom-houses, telegraphs, &c., of the Kingdom, by the taxes and custom-houses of Tonquin, and by the industrial monopolies or enterprises that may be conceded to Tonquin.

The amount to be derived from these receipts shall not be less than 2,000,000 francs per annum.

The Mexican dollar and the silver coin of French Cochin shall be a legal tender throughout the Kingdom, together with the national money of Annam.

This convention shall be submitted to the approval of the President of the French Republic, and that of His Majesty the, King of Annam, and its ratification shall be exchanged as speedily as possible. France and Annam shall then appoint plenipotentiaries, who shall meet at Hué, for the purpose of examining and settling all points of detail.

The plenipotentiaries appointed by the President of the French Republic and His Majesty the King of Annam shall decide in a conference upon the most advantageous commercial system of the two states, and shall establish the system of customs on the basis mentioned in Article XIX. They shall, moreover, examine all questions relative to monopolies in Tonquin, to concessions of mines, forests, salt-pits, and industries in general.


Signatures follow.