No. 185.
Mr. Denby to Mr. Bayard.

No. 412.]

Sir: I have the honor to inclose herewith a copy in French and English of the recent convention of the French Republic with China.

The following is a syllabus of these articles:

  • Article I. Keeps in force the Tientsin treaty.
  • Article II. Two new ports in China are opened to commerce.
  • Article III. Foreign merchandise imported into China pays three-tenths less duty than general tariff. Chinese merchandise imported to Tongking pays four-tenths less.
  • Article IV. Regulates duties on products of Chinese origin going through Tongking.
  • Article V. Native opium exported to Tongking pays 20 taels per picul. Regulates lekins.
  • Article VI. Regulates tonnage dues.
  • Article VII. Favored-nation clause.
  • Articles VIII, IX, X. Formal annex; relates to appointment of consuls.

I have, etc.,

Charles Denby.
[Inclosure in No. 412.]

additional convention.

The President of the French Republic and His Majesty the Emperor of China, being desirous of favoring the development of commercial relations between the two countries and of insuring the good execution of the treaty of commerce signed at Tientsin on the 25tn April, 1886, have decided to conclude an additional convention modifying some of the dispositions contained in the said act.

To this end the two high contracting parties have named as their respective plenipotentiaries, to wit:

The President of the French Republic, Mr. Ernest Constans, deputy, formerly minister of the interior and of worship, envoy extraordinary of the French Republic in China, commissary of the Government;

[Page 233]

And His Majesty the Emperor of China, his highness Prince K’iug, prince of the second rank, president of the Tsung-li yamên, assisted by his excellency Sun Yü-Wen, member of the Tsung-li yamên, first vice-president of the board of works;

Who, having communicated to each other their full powers which they have recognized to be in good and due form, have agreed on the following articles:

Article I.

The treaty signed at Tientsin the 25th April, 1886, will be, immediately after the exchange of ratifications, faithfully put in execution in all its clauses, except, of course, in those which the present convention has for object to modify.

Article II.

In execution of Article I of the treaty of the 25th April, 1886, it is agreed between the high, contracting parties that the town of Lang-Chou, in Kuangsi, and that of Mang-tze, in Yunnan, will be opened to Franco-Annamese commerce. It is understood furthermore, that Manhao, which is on the water-way from Tao-Kai to Mang-tze, is opened to commerce like Lang-Chou and Mang-tze, and that the French Government will have the right to keep there an agent subordinate to the consul at the last-mentioned place.

Article III.

In view of developing the most rapidly possible commerce between China and Tongking, the import and export duties stipulated in Articles 6 and 7 of the treaty of the 25th April, 1886, are provisionally modified as follows:

Foreign merchandise imported into China by the open towns will have to pay the duties of the general tariff of the maritime customs diminished three-tenths.

Chinese merchandise exported to Tongking will pay the duties of the said general tariff diminished four-tenths.

Article IV.

Products of Chinese origin which have paid the import duties in conformity with paragraph 1 of Article 11 of the treaty of the 25th April, 1886, and which are transported through Tongking to an Annamese port, will have to pay, on leaving that port, if they are destined to another country than China, an export duty fixed by the Franco-Annamese customs tariff.

Article V.

The Chinese Government authorizes the exportation of native opium to Tongking by the land frontier, in consideration of an export duty of 20 taels per picul or hundred Chinese pounds. Frenchmen or French prptégés will not be able to buy opium except at Lang-chou, Mang-tze and Man-hao. Lekin and carrier duties which native merchants will have to pay on this produce will not exceed 20 taels per picul.

Chinese merchants who will have brought opium from the interior will hand over to the buyer at the same time as the merchandise the receipts establishing that lekin has been paid in full, and the buyer will present their receipts to the customs, which will cancel them when he shall have paid the export duty.

It is understood that this opium, in case it should re-enter China either by the land frontier or by one of the open ports, can not be assimilated to produce of Chinese origin reimported.

Article VI.

French and Annamese ships, with the exception of vessels of war and of ships employed transporting troops, arms, or munitions of war, can go from Lang-sou to Cao-bang and vice versa, passing by the rivers (Sang-ki Kong and river of Cao-bang) which unite Lang-sou with Lang-Chou and Lang-Chon with Cao-bang.

These boats will have to pay for each trip a tonnage duty of 5/100 taels per ton, but the merchandise composing their cargoes will not have to pay any duty.

Merchandise destined to China may be transported by the rivers mentioned in paragraph 1 of the present article, as well as by land routes, and especially the Government road (route Mandarinale), which goes from Lang-sou to Lang-chou; but, until the Chinese Government has established a customs station on the frontier, merchandise passing over these land routes may not be sold until it has paid duty at Lang-chou.

Article VII.

It is understood that France will have the full right to enjoy, and that without the necessity of previous negotiations, all the privileges and immunities of whatever nature they may be, and all commercial advantages which may be given hereafter to [Page 234] the most favored nation by treaties and conventions having political or commercial relations between China and the countries situated to the south and southwest of the Chinese Empire.

Article VIII.

Having mutually settled the above dispositions, the plenipotentiaries have affixed their signature and their seal on two copies of the French text of the present convention and also on the Chinese translation which accompanies each of these copies.

Article IX.

The stipulations of the present additional convention will be put in force as if they had been inserted in the text of the treaty of the 25th April, 1886, from the day of the exchange of the ratification of the said treaty and convention.

Article X.

The present convention will be ratified at once by His Majesty the Emperor of China, and as soon as it shall have been ratified by the President of the French Republic, the exchange of ratifications will take place at Peking.


[l. s.]
Constans
.
[l. s.]
Prince K’iug.

[l. s.]
Sun.

annex.

In an official letter under date the 23d June, 1887, the Chinese Government takes the engagement to adjourn the nomination of consuls in the principal cities of Tong-king until such date as France and China may consider that circumstances permit their establishment.

It is understood, moreover, that when the Chinese Government will establish consuls at Hanoi and Haiphong, the French Government may appoint like officers in the capitals of the provinces of Yunnan and Kuang-si.

(True translation from French text.—W. W. Rockhill.)