조미수호통상조약 초안 보고
미국과 청국의 교섭
Tientsin, China
Hon. Frederick T. Frelinghuysen
Secretary of State
Washington, D.C.
Sir:
Referring to my dispatch No. 4 March 30, 1882, I now have the honor to enclose
Copy of Draft of Treaty between the United States and Corea compiled by Mr. Holcombe and myself at Peking (Marked No 1);
Copy of Draft of Treaty between the United States and Corea; purporting to come from the Gov’t of Corea, and modified by His Ex. Li-Hung-Chang, (Marked No 2);
Copy of Draft of Treaty between the United States and Corea; being a combination of Drafts No. 1 + 2, compiled by myself and presented to His Ex. Li-Hung-Chang for his consideration April 2nd 1882 (Marked No 3);
Also letter to His Ex. Li-Hung-Chang upon the subject of the First Article of the Treaty between the United States and Corea as proposed by Corea and exhibited in Draft No 3 (Marked A);
Also a memorandum of an interview between Li-Hung-Chang and myself in reference to this Article and the matters (Marked B).
These different Drafts have been the subject of discussion since the date of my last dispatch, which is still continued. At the present moment His Ex. has presented some modifications of Draft No. 3 and I have promised to consider them.
The First Article however, reference to, has been waived subject to a proposition on the part of His Ex. that I would make a request in writing for a messenger to accompany me to Corea, on the part of the Chinese Government, in which request I was to state, that owing to the fact that Chosen was in a certain sense dependant of China, I had asked the intervention of the Chinese authorities to the accomplishment of the purpose in view. On reflection I saw no objection to making this request, but deferred action until the Treaty itself could be perfected and approved by the Viceroy.
The other modifications of Draft No. 3 more particularly referred to the commercial articles, and to a desire expressed on the part of the Viceroy to substitute the favored nation clause recently introduced by China into the now Brazilian and German Treaties in place of that article used in the Treaty between China and the United States. To this I have hitherto objected.
The Chinese Authorities, both here and at Peking are manifesting an earnest purpose to have this Treaty accomplished; and I have every reason to believe, that there is at this moment in Tientsin, a Corean official of rank, who is being consulted at every ship and who when the discussion is closed, will be sent to Corea in a Chinese man-of-war, in order that the Government of that country may be prepared to conduct the negotiations to a favorable issue.
The main point which the Viceroy and the authorities at Peking seem to have in view is, the connection of China to Corea in this Treaty, realizing the fact, that by such connection the encroachments of other nations upon Corea may be checked. With this idea in view you will observe in the memorandum inclosed and marked B, that the Viceroy has submitted a proposition that when the Treaty is concluded, the King of Corea, shall write to the President of the United States, stating that he had made this treaty with the United States, by, and with the consultant of the Emperor of China. I simply promised on my own part, that if such letter were written, I would see it sent to its proper destination and thought I could promise a reply thereto.
Referring to the letter part of the same memorandum, which is personal to myself, while I do not desire to embarrass the Department, I still consider that the subject may at some future time be worth of consideration. For certainly for some reason or other, I have not only suffered in my own dignity, but this in some measure has been reflected upon my Government.
It is true, that before I came to China under orders as Naval Attaché of the Legation, I endeavored to impress upon the late Secretary of State, that I desired mainly to negotiate a Treaty with Corea, and that the Chinese Navy was only an incident of my coming. After my arrival here, and after an interview with the Viceroy I repeated the same desire to our Minister at Peking, but from May 1881, to January 1882, I received no intimation of any action of the Department in that matter. While I realize the embarrassment of the Department under the sad circumstances of the late President’s illness, I can also understand why, among the intrigues of foreigners, the pressure of foreign representatives and the jealousies of the Mandarins, I should come to be considered by the Viceroy rather as adventurer seeking office, than as an officer, whose main desire was, by organizing the Navy of China to enhance the reputation of his own country. I remained in Tientsin for four months subjected to these influences, because I was determined to see whether an American officer could be thus treated with impunity.
I have but little faith in the friendship of China for any nation, and believe that friendship to be measured by the pressure brought to bear upon it; and I desire to repeat my conviction, that if a Treaty is made with Corea, it will be owing to circumstances surrounding that country which are as threatening to China as to Corea itself, and not from any particular friendship for the United States.
I am with great respect,
Your obedient servant,
R.W. Shufeldt
Commodore, U.S.N.
No 1.
Draft of Treaty between The United States and Corea
Compiled by
Mr. Holcombe and myself at Peking
The United States of America and the Kingdom of Chosen, desiring to establish firm, lasting and sincere friendship between the two nations, have resolved to fix in a manner clear and positive, by means of a Treaty, or general convention of peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries for which most desirable object, the President of the United States has conferred full powers upon their Commissioner.
And the August Sovereign of the Kingdom of Chosen on his
And the said commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles:-
Art. I. There shall be a perfect, permanent and universal peace, and a sincere and cordial amity, between the United States of America on the one part, and the Kingdom of Chosen on the other part, and between their people respectively, without exception of persons or places.
Art. II. The United States shall have the right to appoint a Diplomatic Representative to reside at the Capital of Chosen, and Consular officers at such ports as one, or hereafter may be open to foreign trade. The King of Chosen shall also have the right to appoint a Diplomatic Representative to reside at the capital of the United States, and consuls at such ports and places within the territory of the United States as he may see fit. Official intercourse shall be carried on in terms of equality and courtesy, and all rules and precedents calculated to obstruct friendly intercourse shall be totally abrogated , and in their stead rules liberal and fit to secure a firm and perpetual peace shall be established.
Art. III. The citizens of the United States are permitted to frequent the ports and cities of
And any other port or place hereafter by treaty with other powers, or with the United States opened to commerce; and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports, to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of Chosen not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Government of Chosen; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Kingdom.
Art. IV. All citizens of the United States of American in Chosen, peaceably attending to their affairs, being placed on a commerce footing of amity and good will with subjects of Chosen, shall receive and supply for themselves and everything appertaining to them, the protection of the local authorities of Government, who shall defend them from all insult and injury of any sort. If their dwellings or property be threatened or attacked by riots, incendiaries, or other violent or lawless persons, the local officers on requisition of the Consul, shall immediately dispatch a military force to dispose the rioters, apprehend the guilty individuals, and punish them with the utmost sign of the law. Subjects of Chosen guilty of any criminal act toward citizens of the United States shall be punished by the Authorities of Chosen according to the laws of Chosen; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of the people of Chosen, shall be punished only by the Consul or other public functionary threats authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chosen or the United States authorities.
When controversies arise in the Kingdom of Chosen between citizens of the United States and subjects of His Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Governments of the United States and Chosen that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff’s nationality, shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interest of justice. If he so desires he shall have the right to present, to examine, and to cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case.
Art. V. Whenever United States vessels either by stress of weather or by want of fuel and provisions cannot reach one or the open ports in Chosen, they may enter any port or harbor either to take refuge therein or to get supplies of wood, coal, and other necessities, or to make repairs, the expenses incurred hereby are to be defrayed by the ship’s master. In such events both the officers and the people of the locality shall display their sympathy by rendering full assistance, and their liberality in supplying the necessities required.
If a United States be wrecked on the coast of Chosen, the nearest Chosen authority, on being informed of the occurrence, shall immediately send assistance to the crew, provide for their present necessities, and take the measures necessary for the salvage of the ship and the preservation of the cargo. The whole shall then be brought to the knowledge of the nearest Consul or Consular Agent, in order that the latter, in concert with the competent authority, may take ships for sending the crew home, and for saving the debris of the ship and cargo.
Art. VI. The Coasts of Chosen, having hitherto been left unsurveyed, are very dangerous for vessels approaching them, and in order to prepare charts showing the positions of islands, rocks, and reefs, as well as the depth of water, whereby all navigators may be enabled safely to pass between the two countries, any United States mariner may freely survey said coasts.
Art. VII. His Majesty the King of Chosen hereby promises and agrees that no other kind or higher rate of tonnage dues or duties for imports or exports or [_____] trade shall be imposed or levied in the open ports of Chosen upon vessels wholly belonging to citizens of the United States, or upon the Produce, Manufactures, or Merchandise imported in the same from the United States; or from any foreign country; or upon the Produce, Manufacture, or Merchandise exported in the same to the United states or to any foreign country, or transported in the same from one open port of Chosen to another, than are imposed or levied on vessels of any other nation, or on those of subjects of Chosen.
The United States hereby promise and agree that no other kind or higher rate of tonnage dues or duties for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of His Majesty and coming either directly or by way of any foreign port from any other ports of Chosen which are open to foreign trade, to the ports of the United States, or returning there from either directly or by way of any foreign port to any of the open ports of Chosen; or upon the Produce, Manufactures, or Merchandise imported in the same from Chosen or from any foreign country, than are imposed or levied on vessels of other nations which make no discrimination against the United States in tonnage dues, or duties on imports, exports, or [_____] trade; or than are imposed or levied on vessels and cargoes of citizens of the United States.
His Majesty the King of Chosen hereby further agrees that the duties leviable on merchandise imported to; and exported from the open ports of Chosen shall in no case exceed the maximum rate of 10 percent ad valorem; and that such duties of import and export shall be paid only once for all at the ports of entry or shipment, and that no further dues or internal taxes shall be levied in such merchandise in transitive.
Art. VIII. The Governments of Chosen and of the United States mutually agree and undertake that subjects of Chosen shall not be permitted to import opium into any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of Chosen. This absolute prohibition which extends to vessels owned by the citizens or subjects; of either Power, to foreign vessels employed by them, or to vessels owned by citizens or Subjects of either Power and employed by other persons for transportation of opium, shall be enforced by appropriate legislation on the part of chosen and the United States, and the benefit of the famed nation clause in existing treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this Article.
Art. IX. Friendly relations having been established between the two contracting parties, it is necessary to prescribe trade regulations for the benefit of the merchants of the respective countries.
Such trade regulations, together with detailed provisions, to be added to the Articles of the present Treaty to develop its meaning, and facilitate its observance, shall be agreed upon at the Capital of Chosen, or at in the country, within eighteen months from the present date by special commissioners appointed by the two countries.
Act X. The two contracting parties hereby agree that should at any time the King of Chosen grant to any nation, or to the merchants or citizens of any nation, any right, privilege or favor connected either with navigation, commerce, political, or other intercourse, which is not confined by this Treaty, such right, privilege, and favor, shall at once freely [____] to the benefit of the United States, its public officers, merchants, and citizens.
In faith whereof the Respective Plenipotentiaries have signed and sealed the foregoing at in English and Chinese, being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at within one year from the date of its execution.
No. 2
Draft of Treaty between The United States and Corea:
Purporting to have come from the Government of Corea, and modified by H. Ex. Li-Hung-Chang
The Kingdom of Chosen and the United States of America being sincerely desirous of establishing abiding relations of amity and friendship between these respective peoples, have therefore appointed that is today the King of Chosen
As his commissioner Plenipotentiary, and the President of the United States
As his commissioner Plenipotentiary, who having reciprocally examined their free respective full powers, have agreed upon the several articles as under,
Article I. Chosen, being a dependent state of the Chinese Empire, has nevertheless hitherto exercised her own sovereignty in all matters of internal administrative and foreign relations. After the conclusion of this Treaty, the King of Chosen and the President of the United States shall treat with each other upon terms of perfect equality, and the subjects and citizens of the two nations shall maintain perpetual relations of friendship. If other Powers deal unjustly or oppressively with either Government, the other shall render assistance and protection, or shall act as mediator in order to the preservation of perfect peace.
Article II. After the conclusion of this Treaty of commerce and amity, the High Contracting Powers, may each appoint Diplomatic Representatives at the Court of the other, and may each appoint Consular Authorities at the open ports of the other, at their own convenience. These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The Diplomatic and Consular Authorities of the two ports shall receive mutually all the privileges, rights and consideration without discrimination which are accorded to the same class of representatives from the most favored nation. Consuls shall exercise their functions only after receipt of an exequatur from the Govt to which they are accredited. The consular authorities shall be bona-fide officials, and no merchants shall be permitted to exercise the duties of the office, nor shall Consular Officers be allowed to engage in trade. At ports to which no Consular Representatives have been appointed, the Consuls of other Powers may be invited to act, provided that no merchant shall be allowed to assume the duties; or the provisions of this Treaty may in such cases be enforced by the local authorities. In the relations between the people of the two nations if matters shall arise which are offensive to the local authorities and people, the Consular Authorities shall not arbitrarily interfere. If Consular Representatives conduct their business in an improper manner, their exequaturs may be revoked in conformity with the rules of international procedure.
Article III. If the vessels of either nation meet with stress of weather or one cast ashore upon the coasts of the other the local authorities upon being informed of the fact shall devise measures for their reserve and protection. All reasonable possibilities shall be afforded by the local authorities of either country to vessels of war or the other to make necessary repairs and to purchase supplies at the ports open to trade. But merchant vessels, except when forced by stress of weather shall not be allowed to enter ports not open to foreign trade, and shall be liable to penalties for violation of this provision.
Article IV. The subjects of Chosen who desire to proceed to the various ports of the United States for purpose of commerce shall conform to the laws and regulations of the United States. And the United States agrees to grant to them all the rights, privileges, and immunities which are accorded to the subjects or citizens of the most favored nations.
According to the international laws recognized by the European and American Governments, citizens of the United States who may frequent Corean ports open to foreign trade should be subject to the jurisdiction of the native authorities. But as Chosen has not yet arranged with the United States to modify the laws and procedure of the former in conformity with the laws of Western Nations, Chosen agrees temporarily that citizens of the United States in Chosen shall be subject to the jurisdiction of their Consular Authorities. If persons from vessels of the United States create disturbance on shore, the local authorities shall conduct measures with the Consul for suppressing it.
Article V. Merchants and merchant vessels of Chosen visiting the United States for purposes of traffic shall pay tonnage dues and duties and all fees according to the Customs Regulations of the United States.
Merchants and merchant vessels of the United States visiting Chosen for the purposes of trade, shall pay duties upon all imports and exports. But as the particular rate of duty to be lied upon each class of merchandise, has not yet been fixed, it is for the present agreed that upon such imports as are necessities of life an ad valorem duty of 10% shall be levied, and that upon such as are luxuries, as foreign wine, tobacco, clocks and watches an ad valorem duty of 30% shall be levied. Native produce exported shall pay an ad valorem duty of 3%.
American merchant vessels entering the ports of Chosen shall pay tonnage dues at the rate of five mace per ton, payable once in three months according to the Chosen calendar.
Article VI. Subjects of Chosen who may visit the United States for purposes of commerce shall be permitted to reside and to rent, purchase, construct residences or warehouses in all parts of the country. They shall be permitted to traffic in all merchandise, raw and manufactured, that is not declared contraband by law.
Citizens of the United States visiting to the open ports of Chosen, are permitted to reside at such ports to rent houses or land and to erect buildings, but no coercion or intimidation may be exercised. The land thus leased remains an integral part of the Kingdom of Chosen and the administrative functions of the local communities shall not be interfered with.
Native produce and foreign imports, not contraband, may be brought and sold at the ports open to trade. But American merchants are not permitted either to transport foreign imports to the interior for sale, or to proceed to the interior to purchase native produce. Nor are they permitted to transport nature produce from one open port to another open port. Violations of this rule will subject vessel and cargo to confiscation and the merchant offending will be handed over to his Consul to be dealt with.
The importation of opium is strictly forbidden. Persons who bring it into the open ports shall be punished by the Authorities of Chosen.
Article VII. All crimes and suits at law which may arise in Chosen in which the subjects and citizens of the two Powers are concerned shall be tried in the Court and by the law of the defendant’s nationality. In the case of thefts and debts the proper officers of the two Governments will make effort to arrest and punish the guilty parties and to secure restitution or payment, but will not be held personally responsible for any losses incurred.
Should the plaintiff in any action be dissatisfied with the judgment, he may appeal through his official to the official of the defendant for a new trial.
Article VIII. The officers and people of either nation residing in the other shall have the right to employ natives for all lawful work. Should subjects of Chosen guilty of violation of the laws of the Kingdom, or against whom any action had been brought, conceal themselves in the residences of American officials or citizens, or in warehouses or on board American merchant vessels, the local authorities shall, on the one hand, notify the Consul, and, on the other dispatch constables to make the arrests.
American officials or citizens shall not be permitted to harbor such persons.
Students of either nationality who may proceed to the country of the other in order to study the language, literature, laws, or arts shall be given all possible protection and assistance in endurance of good will.
Article IX. This being the first Treaty negotiated by the Govt of Chosen, is necessarily incomplete and imperfect in provisions. It shall, however, in its stipulations be first carried into operation. As to stipulations not embodied herein, after a period of five years, when the officers and people of the two Powers shall have become more familiar with each other’s language a further negotiation of commercial provisions and regulations in detail in conformity with international law and without unequal discrimination on either part shall be had.
Article X. This treaty and future official correspondence between the two contracting Powers shall be made, on the part of Chosen in the Chinese language. The United States shall either use the Chinese language, or if English is used, it shall be accompanied with a Chinese version in order to avoid misunderstanding.
The foregoing Articles having been agreed upon the Representatives of the High Contracting Powers are herewith, in the first instance signed and sealed by them in witness where of the whereof the King of Corea shall forward forward a copy to the Board of Rites of the Chinese Emperor and shall ratify as above.
The President of the United States, by and with the advice and consent of the Senate shall ratify this instrument and the certificates of ratification shall be exchanged at a place to be named, and thereafter they shall be proclaimed in both countries in order that they may be known and obeyed.
Chosen A.D. 1882
【漢譯文】
代擬朝鮮與美國修好通商條約
光緖八年二月
大朝鮮國與大美國切欲敦崇和好 惠顧商民 是以大朝鮮國君主特派全權大臣 大美國伯理璽天德特派全權大臣 各將所奉全權字據互相校閱 訂立條款 臚列於左
第一款
朝鮮爲中國屬邦 而內政外交事宜向來均得自主 今玆立約後 大朝鮮國君主大美國伯理璽天德俱平行相待 兩國人民永敦和好 若他國偶有不公及輕侮之事 必彼此援護 或從中善爲調調處 俾獲永保安全
第二款
此次立約通好後 兩國可按照通例 彼此各派秉權大員 往來駐紮 並於通商口岸設立總領事領事副領事署領事等官 均聽其便 此等官員官員與本地官交涉往來 均應用品級相當之禮 兩國秉權大員與領事等官 享獲種種恩施 與彼此所待最優之國官員無異 惟領事官必須奉到駐紮之國批准文憑 方可視事 所派領事等官必須眞正官員 不得以商人兼充 亦不得兼作貿易 倘各口未設領事官 或請別國領事兼代 亦不得以商人兼充 或卽由地方官照現定條約代辦 至商民交涉事件有與本地官民齟齬者 領事官不得任意爭執 如領事官辦事不合 彼此均可按照公例 將批准文憑追回
第三款
兩國船隻在彼此沿海地方 若遇遭風擱淺等事 地方官聞知 卽應設法救護 至兩國兵船往來 在彼此已開口岸 如遇買取食物煤炭甜水 修理船隻 地方官應妥爲照料 惟商船於未開口岸 除遭風外 不得駛往 違者罰辦
第四款
朝鮮國商民欲往美國各口各邑貿易 應遵守美國律例章程 美國亦准照待最優國之商人一體看待 至美國商民前往朝鮮國 准開口岸貿易 若照歐美各國通例 原應歸地方官管轄 惟朝鮮國與美國政制攸殊 現尙未訂改東西交涉公律 是以朝鮮國政府暫許美國商民歸領事官管轄 至美國船主諸色人等 如有上岸滋事 應由地方官會同領事官妥爲彈壓
第五款
朝鮮國商民並其商船前往美國貿易 凡納稅船鈔等事 應遵照美國海關章程辦理 至美國商民並其商船前往朝鮮貿易 進出貨物均應納稅 惟各色貨物銷滯 不得預知 稅則暫難詳定 玆擬先訂大略 各色進口貨有關民生日用者 照估價値百抽十 其奢靡玩要等物 如洋酒呂宋煙鐘表之類 照估價値百抽三十 至出口土貨 槪値百抽五 美國商船進朝鮮口岸 須納船鈔 每噸銀五錢 按中歷一季抽收一次
第六款
朝鮮國商民前往美國各處貿易 准其在該處居住 賃房買屋 起蓋棧房 所有土産 以及製造之物 與不違例之例之貨 均許買賣 美國商民前往朝鮮已開口岸 准其在該處居住賃房 租地建屋 惟不得稍有勒遇 其出租之地 仍歸朝鮮版圖 不得有碍地方官治理之權 所有本國土産以及外洋運來不違禁例之貨 均可就已開口岸收買發賣 但美國商民不得以洋貨運入內地售賣 亦不得自入內地採買土貨 倂不得以土貨由此口販運彼口 違者將船隻貨物入官 並將該商交領事官懲辦 至鴉片煙素所嚴禁 如有運販進口者 由朝鮮官罰辦
第七款
凡美國商民在朝鮮已開口岸 遇有與朝鮮民人交涉財産及各罪案 俱由被告所屬之官員審斷 各照本國律例定案 惟竊盜逋欠等事 兩國官員只能分別拏辦追究 不能代償 倘案內原告有未甘服者 應聽其所屬官員照會被告所屬官員覆訊
第八款
凡兩國官員商民在彼此通商地方居住 均可雇請各色人等勷執分內工藝 惟朝鮮人遇犯本國例禁或牽涉被控 凡在美國官民公館寓所行棧及商船隱匿者 由地方官一面知照領事官 一面派差拘拏 美國官民不得庇縱捎留 至兩國生徒往來學習語言文字律例藝業等事 彼此均宜勷助 以敦睦誼
第九款
玆朝鮮國初次立約 所訂條款姑從簡略 應遵條約已載者先行辦理 其未載者俟五年後 兩國官民彼此言語稍通 再行議定 至通商詳細章程 須酌照歐美各國通例 公平商訂 無有輕重大小之別
第十款
此次兩國訂立條約 與夫日後往來公牘 朝鮮專用華文 美國亦用華文 或用洋文必須以華文註明 以免歧誤
以上各款現由兩國所派全權大臣議定 先行畫押蓋印 用昭憑信 俟大朝鮮國君主一面移咨中國禮部 一面批准 大美國伯理璽天德由國會紳耆大臣議允批准後 彼此知照 指定一處互換 然後刊刻通行 使兩國官民成知遵守
大朝鮮國 開國某年 月 日
大美國 一千八百某年 月 日
No. 3
Draft of Treaty between The United States and Corea
being a combination of Drafts Nos. 1 and 2
Compiled by myself and presented to His Ex. Li-Hung-Chang, for his consideration. April 2, 1882
The Kingdom of Chosen and the United States of America being sincerely desirous of establishing abiding relations of amity and friendship between their respective peoples have therefore appointed that is to say the King of Chosen
and his Commissioner Plenipotentiary, and the President of the United States
and his Commissioner Plenipotentiary, who having reciprocally examined their respective full powers, which have been found to be in due form, have agreed upon the several articles as under
Article I. The King of Chosen and the President of the United States shall treat with each other upon terms of perfect equality, and the subjects and citizens of the two nations shall maintain perpetual relations of friendship.
If other Powers deal unjustly or oppressively with either Government, the other shall under such assistance as friendly governments having treaty relations may afford to each other under the laws of nations, or shall act as mediators in order to the preservation of perfect peace.
Article II. After the conclusion of this treaty of commerce and amity, the High Contracting Powers may each appoint Diplomatic Representatives at the Court of the other and may each appoint Consular Authorities at the open ports of the other at their own convenience. These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality.
The Diplomatic and Consular Representatives of the two Governments shall receive mutually all the privileges, rights and consideration, without discrimination which are accorded to the same class of representatives from the most favored nation. Consuls shall exercise their functions only after receipt of an exequatur from the Government to which they are accredited. The Consular Authorities shall be bona-fide officials, and no merchants shall be permitted to exercise the duties of the officer, nor shall consular officers be allowed to engage in trade.
At ports to which no Consular Representatives have been appointed the Consuls of other Powers may be invited to act provided that no merchant shall be allowed to assume the duties; or the provisions of this treaty may for such case be enforced by the local authorities.
If Consular Representatives conduct their business in an improper manner, their exequaturs may be revoked subject to the approval previously obtained of the Diplomatic Representative of the Government by whom they are appointed.
Article III. Whenever United States vessels either by stress of weather or by want of fuel and provisions cannot reach one or other of the open ports in Chosen, they may enter any port or harbor, either to take refuge therein or to get supplies of wood, coal, and other necessities, or to make repairs. The expenses incurred thereby are to be defrayed by the ship’s master. In such events both the officers and the people of the locality shall display their sympathy by rendering full assistance, and their liberality in supplying the necessities required.
If a United States vessel be wrecked on the coast of Chosen, the nearest Chosen authority, on being informed of the occurrence, shall immediately send assistance to the crew, provide for their present necessities, and take the measures necessary for the sabotage of the ship and the preservation of the cargo.
The whole shall then be brought to the knowledge of the nearest Consular Agent, in order that the latter in concert with the competent authority may take slips for sending the crew home, and for saving the debris of the ship and cargo.
Article IV. All citizens of the United States of America in Chosen, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of Chosen, shall receive and enjoy for themselves and everything appertaining to them, the protection of the local authorities of the Government, who shall defend them from all insult and injury of any sort. If their dwellings or property be threatened or attacked by riots, incendiaries, or other violent or lawless persons, the local officers on requisition of the Consul, shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost sign of the law. Subjects of Chosen guilty of any criminal act towards citizens of the United States shall be punished by the Authorities of Chosen according to the laws of Chosen; and citizens of the United States either on shore, or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of the people of Chosen, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chosen or the United States Authorities.
When controversies arise in the Kingdom of Chosen between citizens of the United States and subjects of His Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Governments of the United States and Chosen that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff’s nationality shall be freely permitted to attend the trial and shall be treated with the courtesy due his position. He shall be granted all proper facilities for watching the proceedings in the interests of justice. If he so desires he shall have the right to present, to examine, and to cross-examine witnesses. If the is dissatisfied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case.
It is however mutually agreed and understood between the High Contracting Powers that whenever the King of Chosen has so far modified and reformed the statues and judicial procedure in his Kingdom that in the judgment of the United States they conform to the laws and codes of justice in the United States, the right of exterritorial jurisdiction over U.S. citizens in Chosen shall be abandoned, and U.S. citizens shall when within the limits of the Kingdom of Chosen be subject to the jurisdiction of the native authorities.
Article V. Merchants and merchant vessels of Chosen visiting the United States for purposes of traffic shall pay tonnage dues and duties and all fees according to the Customs Regulations of the United States.
Merchants and merchant vessels of the United States visiting Chosen for purpose of trade shall pay duties upon all imports and exports. But as the particular rate of duty to be levied upon each class of merchandise has not yet been fixed, it is in the present agreed that upon such imports are necessities of life an ad valorem duty not to exceed 10% shall be levied, and that upon such as are luxuries, as foreign wines, tobacco, clocks and watches, an ad valorem duty not to exceed 30% shall be levied. Native produce exported shall pay an ad valorem duty not to exceed 3%. And it is agreed that these duties shall be paid once for all at the port of import or export, and that, no other dues, duties, or fees or taxes of any sort whatsoever shall be levied upon the goods in the interior of Chosen or at the port.
American merchant vessels entering the ports of Chosen shall pay tonnage dues at the rate of five mace per ton; payable not more than once in three months according to the Chosen calendar. The tonnage dues shall be applied exclusively to the proper and necessary envoy of the coasts of Chosen, and the construction and maintenance of lighthouses, beams, buoys, &c.-
Article VI. Subjects of Chosen who may visit the United States for purposes of commerce, shall be permitted to reside and to rent, purchase or construct residences or warehouses in all parts of the country. They shall be permitted to traffic in all merchandise, raw and manufactured that is not declared contraband by law.
Citizens of the United States visiting to the open ports of Chosen, are permitted to reside at such ports, to rent houses or land, and to erect buildings, but no coercion or intimidation may be exercised.
The land thus leased remains an integral part of the Kingdom of Chosen, and the administrative functions of the local authorities shall not be interfered with.
Native produce and foreign imports not contraband, may be bought and sold at the ports open to trade. But American merchants are not permitted either to transport foreign imports to the interior for sale, or to proceed to the interior to purchase native produce. Nor are they permitted to transport native produce from one open port to another open port. Violations of this rule will subject such cargo to confiscation, and the merchant will be handed over to his Consul to be dealt with.
The Governments of Chosen and of the United States mutually agree and indicate that subjects of Chosen shall not be permitted to import opium into any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of Chosen. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of Chosen and the United States, and the benefits of the favored nation clause in existing treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this opium clause.
Article VII. The officers and people of either nation residing in the other, shall have the right to employ natives for all kinds of lawful work. Should subject of Chosen guilty of violation of the laws of the Kingdom, or against whom any action had been brought conceal themselves in the residences of American citizens, or in warehouses, or on board American merchant vessels, the local authorities shall, on the one hand, notify the Consul, and, on the other, dispatch constables to make the arrests. But the warrants for such arrests shall have the Consular endorsement before it can be executed in premises occupied by American citizens.
It is to be understood, however that American citizens are not permitted to harbor such persons.
Article VIII. Students of either nationality who may proceed to the country of the other in order to study the language, literature, laws, or arts shall be given all possible protection and assistance in evidence of cordial good will.
Article IX. This being the first treaty negotiated by the Government of Chosen, is incomplete and imperfect in its provisions. It shall, however, in its stipulations be first carried into operation. As to stipulations not embodied herein, after a period of five years, when the officers and people of the two Powers shall have become more familiar with each other’s language, a further negotiation of commercial provisions and regulations in detail, in conformity with international law and without unequal discrimination on either part shall be had.
Article X. This treaty and future official correspondence between the two contracting Powers shall be made on the part of Chosen in the Chinese language. The United States shall either use the Chinese language or if English used it shall be accompanied with a Chinese version in order to avoid misunderstanding.
Article XI. The contracting parties hereby agree that should at any time the King of Chosen grant to any nation, or the merchants or citizens of any nation, any right, privilege or favor connected either with navigation, commerce, political or other intercourse, which is not conferred by this Treaty, such right, privilege, and favor shall at once freely [_______] to the benefit of the United States, its public officers, merchants, and citizens.
In faith whereof the respective Plenipotentiaries have signed and sealed the forgoing at [_______] in English and Chinese, being true originals of each text of even tenor and date, the ratifications of which shall be exchanged at within one year from the date of its execution.
【漢譯文】
美總兵嶭擬子朝鮮約稿
大朝鮮國與大亞美理加合衆國切欲敦崇和惠顧商民(正本惠顧彼此人民)是以大朝鮮國君主特派全權大次正本全權大官經理統理機務衙門事申櫶全權副官經理統理機務衙門事金宏集大美國伯理璽天德特派全權大次水帥總兵嶭斐爾各將所奉全權字據互相較閱俱屬妥善訂立條款臚列於左
第一款(正本第一款不用另有照曾)
朝鮮爲中國所屬之邦而內治外交向來歸其自主今大朝鮮美國彼此明允定議大朝鮮國主允此條約內外款按自主公例必要認眞照辦大美國國王允定認朝鮮國爲中國屬邦嗣後永遠不相干預
第二款(正本此爲第一款)
嗣後大朝鮮國君主大美國伯理璽天德幷其商民各皆永遠和平友好若他國有何不公輕藐之事一經照知必須相助從中善爲調處以示友誼關切
第三款(正本此爲第二款)
此次立約通商和好後兩國各交派秉權大臣駐紮彼此都城竝於彼此通商口岸設立總(正本無總字)領事等官均聽其便此等友(官)員與本地方友(官)交涉往來均應用品級相當之禮兩國秉權大臣與領事等官享獲種種恩施與彼此相待(正本相待作所待)最優之國官員無異惟領事官必須奉到駐紮之國批準文憑方可視事所派領事等官必須眞正官員不得以商人兼充亦不得兼作貿易倘各口未設領事官或請別國領事兼代亦不得以商人兼充或卽由地方官照視定條約代辦若駐紮朝鮮之美國領事等官辦事不合須知照美國公使彼此意見相同可將批準文憑追回
第四款(正本此爲第三款)
美國船隻在朝鮮左近海面如遇颶風或缺糧食煤水距通商口岸太遠應許其隨處收泊以避颶風購買糧食修理船隻所有經費係由船主自備地方官民應加憐恤援助(正本援助之下添供其所需四字)如該船在不邇商之口潛往貿易拏獲船貨入官如美國船隻在朝鮮海岸破壞朝鮮地方官一經聞知卽應飭令將水手先行救護供其糧食等項一面設法保護船隻貨物幷行知照領事官俾將水手送回本國幷將船貨撈起一切費用或由船主或由美國認還
第五款(正本此爲第四款)
美(國)人民人在朝鮮居住安分守法其性命財産朝鮮地方官應當代爲保護勿許稍有欺凌損毁如有不法之徒欲將美國房屋業産搶劫燒毁者地方官一經領事告知卽應派兵彈壓幷査拏罪犯按律重辦朝鮮民人如有欺凌美國民人應歸朝鮮官接(按)朝鮮律例懲辦美國民人無論在商船在岸上如有欺凌騷擾損毁朝鮮民人性命財産等事應歸美國領事官或美國所派官員按照美國律例査拏懲辦其在朝鮮國內朝鮮美國民人有如涉訟應由被告所屬之官員以本國律例審斷原告所屬之國可以派員聽審審官當以禮相待聽審官如欲傳訊査訊分訊證見亦聽其便如以審官所斷爲不公亦許其詳細駁辯大美國與大朝鮮國彼此明定如朝鮮日後改定律例及審案辦法在美國視與本國律例辦法相符卽將美國官員在朝鮮審案之權收以後朝鮮境內美國民人卽歸地方官管轄
第六款(正本此爲第五款)
朝鮮國商船前往美國貿易凡納稅船鈔幷一切各費應遵照美國海關章程辦理與征收本國人民及相待最優之國稅鈔不得額外加增美國商船前往朝鮮貿易進出口貨物均應納稅其收稅之權應由朝鮮自主所由進出口稅項及海關禁防偸漏諸弊悉聽朝鮮政府設立規則先期知會(正本先期知會之下添美國官布示商民遵行現擬十一字)先訂細稅則大略各色進口貨有關民生(正本民生下有日用二字)者照估價値百抽稅不得過一十其奢靡玩要等物洋酒呂宋煙鍾表之類照估價售百抽稅(稅不得過三十至出口土貨槪照値百抽)不得過五凡進口洋貨除在口岸完納正稅外該項貨物或入內地或在口岸永遠不納別項稅費美國商船進朝鮮口岸須納船鈔每噸銀五錢每船按中曆一季抽一次
第七款(正本此爲第六款)
朝鮮國商民前往美國各處准其在該處居住賃房買屋(正本買屋作買也)起蓋棧房任其自便其貿易工作一切所有土産以及製造之物與不違禁之貨均許買賣美國商民前往朝鮮已開口岸准其在該處所定界內居住賃房租地建屋任其自便其貿易工作一切所有土産以及製造之物與不違禁之貨均許賣買惟租地時不得稍有勒逼該地租價悉照朝鮮所定等則完納其出租之地仍歸朝鮮版圖除按此約內所指明歸美國官員應管商民外(正本商民下添錢産二字)皆仍歸朝鮮地方官管轄美國商民不得以洋貨運入內地售買亦不得自入內地採買土貨倂不得以土貨由此口販運彼口違者將貨物入官幷將該商交領事官懲辦
第八款(正本此爲第七款)
朝鮮(正本朝鮮之下添國字美國彼此商定八字)商民不准販運洋藥入美國通商口岸美國商民亦不准販運洋藥入朝鮮通商口岸(正本通商口岸之下添幷由此口運往彼口亦不准作一切買賣洋藥之貿易所有二十三字)兩國商民無論雇用本國船別國船及本國船爲別國商民雇用販運洋藥者均由各本國自行永遠禁止査出從重懲罰
第九款(正本此爲第八款)
如有朝鮮國內有事故恐致境內缺食大朝鮮國君主暫禁米糧出口經地方官照知後由美國官員轉飭在各口美國商民一體遵辦(正本遵辦之下添惟於已開仁川一港各色米糧皆行禁止運出)紅蔘一項朝鮮舊禁出口美國人如有潛買出洋者均査拏入官仍分別懲罰
第十款(正本此爲第九款)
凡砲位鎗刀火藥鉛丸一切軍器應行由朝鮮官自行采辦或美國人奉朝鮮官准買明文方准進口有私販査貨入官仍分別懲罰
第十一款(正本此爲第十款)
凡兩國官員商民在彼此通商地方居住均可雇請各色人等勷執分內工藝若朝鮮人遇犯本國例禁或牽涉被控丸在美國商民寓所行棧及商船隱匿者由地方官照知領事館有或准差役自行往拏或由領事派人拿交朝鮮差役美國官民不得稍有庇縱指留
第十二款(正本此爲第十一款)
兩國生徒往來學習語言文字律例藝業等事彼此均宜勷助以敦睦誼
第十三款(正本此爲第十二款)
玆朝鮮國初次立約姑從簡略應遵條約已載者先行辦理其未載者俟五年後兩國官民彼此言語稍通再行議定至通商(正本通商下有詳細二字)章程須酌照萬國公法通例公平商訂無有輕重大小之別
第十四款(正本此爲第十三款)
此次兩國訂立條約與夫日後往來公牘朝鮮專用華文美國亦用華文或有英文必須以華文註明以免岐誤
第十五款(正本此爲第十四款)
現經兩國議定嗣後朝鮮(正本嗣後下擡書大朝鮮國君主有何惠政云云)有何惠政恩典利益施及他國或其商民無論關涉海面行船通商貿易交往等事爲該國幷其商民從來未沾抑爲此條約所無者亦准美國官民一體均霑(正本一體均霑之下改以惟此種優待他國之利益若立有專條一體遵守方准同霑優待之利益)惟於優待他國利益係出於甘讓立有專條互相酬報
以上各款現經大朝鮮美國大臣同在朝鮮(正本朝鮮下添仁川府三字)議定繕寫華洋文各三分句法相同先行畵押蓋印以昭憑信仍俟兩國御筆批準總以一年爲期在朝鮮(正本朝鮮下添仁川府三字)互換然後將此約各款彼此通喩本國官員商民俾得咸知遵守
大朝鮮國開國四百九十一年 中國光緖八年四月初六日
大美國一千八百年月日
A.
Letter to His Ex. Li-Hung-Chang: on the subject of the First Article of the Treaty between the United States and Corea, as proposed by Corea
Tientsin, China
April 4th, 1882
His Excellency,
Li-Hung-Chang,
Grand Secretary, Senior Guardian to the Emperor, Viceroy of Chihli, &c. &c. &c.
Your Excellency,
By an understanding with your Ex. I had the honor to meet in conference on Saturday last, with H. Ex. The Haikwan Taotai, Ma Taotai, and Mr. Lo-Fung-loh on the subject of a treaty between the United States and the Kingdom of Corea.
I submitted to these officials, acting on the part of your Ex. a draft of each a treaty combining the projects of the two Parties which had previously been interchanged, in such form as I thought would meet with your approbation and thus secure your assistance in the accomplishment of the object in view.
This draft seemed to me liberal in terms, and eminently just towards Corea, which country is unaccustomed to foreign intercourse, and one by which it might shape its future policy with reference to all foreign nations.
I was met by these officials however with the propositions contained in the first article of the Corean project to wit: “Chosen, being a dependent state of the Chinese Empire, has nevertheless hitherto exercised her own sovereignty in all matters of internal administrative and foreign relations. After the conclusion of this Treaty, the King of Chosen and the President of the United States shall treat with each other upon terms of perfect equality, and the subjects and citizens of the two nations shall maintain perpetual relations of friendship.
If other Powers deal unjustly or oppressively with either Government, the other shall render assistance and protection, or shall act as mediator in order to the preservation of perfect peace.”
My assent to this article was made the “sine-qua-non” of any further discussion.
I do not deny the right of a semi-dependant state to make independent treaties, on the contrary if (as the article referred to asserts) the Kingdom of Corea is a dependent state in possession of sovereign powers as to its foreign and domestic relations; then I respectfully submit, that the United States has the right to treat with it irrespective of the suzerainty of China. It is eminently proper that the King of Corea should take the advice and be governed by the counsel of his suzerain the Emperor of China, and the United States has no cause whatever of complaint, but the privilege remains unimpaired for the two countries to negotiate upon terms of perfect equality and without any reference to, or acknowledgement of any other power that contained in themselves.
Any reference therefore to China in this treaty would not be pertinent to it, and might be the cause of complications which the United States always desires to avoid in its foreign relations. Moreover the article in question more or less directly connects China and the United States, in such a way as to make these two great powers, the joint protectors of Corea. However willing I might be personally to see Corea enter the family of nations under such powerful escort, your Ex. will understand, that I am only authorized to make a treaty of amity and commerce, and not to enter into any political alliance.
Under these circumstances I submit to your Ex. that you should not ask me to insert in this treaty, an extraneous article which might before reaching in its effects, but which has no bearing upon the object, and which at the same time has no precedent.
I have the honor to submit these views, with the hope, that your decision as indicated by your advisers may not be final.
I have the honor to be,
Your Excellency’s obedient servant
(signed) R.W. Shufeldt
Commodore, U.S.N.
Envoy to Corea
D.
Memorandum of an Interview between His Ex. Li-Hung-Chang and myself, on the subject of the Corean Treaty and other matters. Tientsin, China.
Thursday, April 6th, 1882
Had an interview yesterday, April 5th, with His Ex. the Viceroy at his Yamen, upon the subject of the Treaty with Corea.
At this interview were present His Ex., the Haikwan Taotai, Ma Taotai, and Mr. Lo-Fung-loh interpreter.
His Ex. began the interview by saying that the draft of a treaty which I had previously exhibited to him, met with his approval, with the exception of some small emendations, which he would send to me for consideration. (This draft is a combination of the perfect purporting to come from Corea, and one previously arranged by Mr. Holcombe and myself at Peking.)
His Ex. however said, that the insertion of the first article of the Corean treaty (which will be found in [_________] in the foregoing letter to His Ex. dated April 4th and inclosed: marked A) was indispensable; otherwise he could not send either a messenger or a gun-boat to accompany me to Corea; that the instructions of his own Govt made this imperative. I then sent to him the letter of April 4th as an agreement why this article was regarded as inadmissible on the part of the United States in any treaty with Corea. Subsequently to his own request, the letter was handed to him and His Ex. after considerable discussion, asked for four days further consideration, when a final interview might take place but intimated that in any event, this article would be sent to Corea, to be inserted there; as he insisted that it was written at the desire of the King of Corea himself. I told him that in that event I could not take the to Corea under the auspices of China, because the article was entirely inadmissible. A discussion then ensued as to the propriety of the Corean Govt addressing a communication to the Govt of the United States, after the signature of the treaty, stating that such treaty had been made, by and with the consent of the Govt of China. In reference to this, I would only commit myself so far, as to promise to see that such communication reached its destination; but again insisted distinctly upon the fact, that the United States had nothing whatever to do in its treaty with Corea, with the Govt of China, except so far as its friendly offices were concerned.
His Ex. then to my surprise, stated to me, that a friend of his in America had telegraphed him, that in a published letter of mine to my Govt I had said that “force was the only argument to use in Corea.” He asked me if I had written any such letters to the Govt. I told him I had not. He then repeated the question with regard to Eastern Nations generally. I then replied that I did not propose to hold myself responsible to him for any correspondence of mine whether official or personal. I then said to His Ex. that since he had broached a subject outside of the matter under discussion, I wished him to understand that I appreciated the studied indignity with which I had been treated by him for four months. That I had on two or three occasions sought an interview, and it had been denied me. That his manner had been more or less reflected by the mandarins surrounding him, until the foreign residents in Tientsin had come to consider me as an adventure seeking officer in China, although he himself will know that I had come here by his own invitation and with the approval of my own Govt. His Ex. could not suppose that I would submit to such treatment without intimating it to my own Govt or resenting it in any other meaner that I might think proper. I had never, to my knowledge, given His Ex. any reason for this palpable disregard both of my age and position, and yet it had been so marked, that my own Minister had on two occasions advised me to leave Tientsin rather than submit to it. (I had remained however, quietly bearing it, in order that I might see whether an American officer could be compelled to leave China under a condition of ignoring, when his conduct had been irreproachable. I then said to His Ex. that I did not wish any further discussion of this subject, and that I respectfully desired him to understand, that our intercourse hereafter must be of an official character.
The subject was then changed by His Ex. asking me if he might recommend Mr. Patrick as interpreter, in case I went to Corea. I told him I had applied to my Govt two months since for an interpreter; that I desired one who would be responsible to my own Govt for his work, and that I should prefer Mr. Holcombe, if he could be spared from Peking, to any other person the Govt might select.
The interview ended with the understanding before mentioned, that a final arrangement might be made at the end of four days.
R.W. Shufeldt
Commodore U.S.N. and Envoy to Corea
N.B. The impression may have been conveyed to His Ex. that I denied positively having so written to my Govt in reference to the use of force towards Eastern Nations generally, but if so it was owing to the existing nature of the conversation and its passing through an interpreter.
Hon. Frederick T. Frelinghuysen
Secretary of State
Washington, D.C.
Sir:
Referring to my dispatch No. 4 March 30, 1882, I now have the honor to enclose
Copy of Draft of Treaty between the United States and Corea compiled by Mr. Holcombe and myself at Peking (Marked No 1);
Copy of Draft of Treaty between the United States and Corea; purporting to come from the Gov’t of Corea, and modified by His Ex. Li-Hung-Chang, (Marked No 2);
Copy of Draft of Treaty between the United States and Corea; being a combination of Drafts No. 1 + 2, compiled by myself and presented to His Ex. Li-Hung-Chang for his consideration April 2nd 1882 (Marked No 3);
Also letter to His Ex. Li-Hung-Chang upon the subject of the First Article of the Treaty between the United States and Corea as proposed by Corea and exhibited in Draft No 3 (Marked A);
Also a memorandum of an interview between Li-Hung-Chang and myself in reference to this Article and the matters (Marked B).
These different Drafts have been the subject of discussion since the date of my last dispatch, which is still continued. At the present moment His Ex. has presented some modifications of Draft No. 3 and I have promised to consider them.
The First Article however, reference to, has been waived subject to a proposition on the part of His Ex. that I would make a request in writing for a messenger to accompany me to Corea, on the part of the Chinese Government, in which request I was to state, that owing to the fact that Chosen was in a certain sense dependant of China, I had asked the intervention of the Chinese authorities to the accomplishment of the purpose in view. On reflection I saw no objection to making this request, but deferred action until the Treaty itself could be perfected and approved by the Viceroy.
The other modifications of Draft No. 3 more particularly referred to the commercial articles, and to a desire expressed on the part of the Viceroy to substitute the favored nation clause recently introduced by China into the now Brazilian and German Treaties in place of that article used in the Treaty between China and the United States. To this I have hitherto objected.
The Chinese Authorities, both here and at Peking are manifesting an earnest purpose to have this Treaty accomplished; and I have every reason to believe, that there is at this moment in Tientsin, a Corean official of rank, who is being consulted at every ship and who when the discussion is closed, will be sent to Corea in a Chinese man-of-war, in order that the Government of that country may be prepared to conduct the negotiations to a favorable issue.
The main point which the Viceroy and the authorities at Peking seem to have in view is, the connection of China to Corea in this Treaty, realizing the fact, that by such connection the encroachments of other nations upon Corea may be checked. With this idea in view you will observe in the memorandum inclosed and marked B, that the Viceroy has submitted a proposition that when the Treaty is concluded, the King of Corea, shall write to the President of the United States, stating that he had made this treaty with the United States, by, and with the consultant of the Emperor of China. I simply promised on my own part, that if such letter were written, I would see it sent to its proper destination and thought I could promise a reply thereto.
Referring to the letter part of the same memorandum, which is personal to myself, while I do not desire to embarrass the Department, I still consider that the subject may at some future time be worth of consideration. For certainly for some reason or other, I have not only suffered in my own dignity, but this in some measure has been reflected upon my Government.
It is true, that before I came to China under orders as Naval Attaché of the Legation, I endeavored to impress upon the late Secretary of State, that I desired mainly to negotiate a Treaty with Corea, and that the Chinese Navy was only an incident of my coming. After my arrival here, and after an interview with the Viceroy I repeated the same desire to our Minister at Peking, but from May 1881, to January 1882, I received no intimation of any action of the Department in that matter. While I realize the embarrassment of the Department under the sad circumstances of the late President’s illness, I can also understand why, among the intrigues of foreigners, the pressure of foreign representatives and the jealousies of the Mandarins, I should come to be considered by the Viceroy rather as adventurer seeking office, than as an officer, whose main desire was, by organizing the Navy of China to enhance the reputation of his own country. I remained in Tientsin for four months subjected to these influences, because I was determined to see whether an American officer could be thus treated with impunity.
I have but little faith in the friendship of China for any nation, and believe that friendship to be measured by the pressure brought to bear upon it; and I desire to repeat my conviction, that if a Treaty is made with Corea, it will be owing to circumstances surrounding that country which are as threatening to China as to Corea itself, and not from any particular friendship for the United States.
I am with great respect,
Your obedient servant,
R.W. Shufeldt
Commodore, U.S.N.
No 1.
Draft of Treaty between The United States and Corea
Compiled by
Mr. Holcombe and myself at Peking
The United States of America and the Kingdom of Chosen, desiring to establish firm, lasting and sincere friendship between the two nations, have resolved to fix in a manner clear and positive, by means of a Treaty, or general convention of peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries for which most desirable object, the President of the United States has conferred full powers upon their Commissioner.
And the August Sovereign of the Kingdom of Chosen on his
And the said commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles:-
Art. I. There shall be a perfect, permanent and universal peace, and a sincere and cordial amity, between the United States of America on the one part, and the Kingdom of Chosen on the other part, and between their people respectively, without exception of persons or places.
Art. II. The United States shall have the right to appoint a Diplomatic Representative to reside at the Capital of Chosen, and Consular officers at such ports as one, or hereafter may be open to foreign trade. The King of Chosen shall also have the right to appoint a Diplomatic Representative to reside at the capital of the United States, and consuls at such ports and places within the territory of the United States as he may see fit. Official intercourse shall be carried on in terms of equality and courtesy, and all rules and precedents calculated to obstruct friendly intercourse shall be totally abrogated , and in their stead rules liberal and fit to secure a firm and perpetual peace shall be established.
Art. III. The citizens of the United States are permitted to frequent the ports and cities of
And any other port or place hereafter by treaty with other powers, or with the United States opened to commerce; and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports, to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of Chosen not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Government of Chosen; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Kingdom.
Art. IV. All citizens of the United States of American in Chosen, peaceably attending to their affairs, being placed on a commerce footing of amity and good will with subjects of Chosen, shall receive and supply for themselves and everything appertaining to them, the protection of the local authorities of Government, who shall defend them from all insult and injury of any sort. If their dwellings or property be threatened or attacked by riots, incendiaries, or other violent or lawless persons, the local officers on requisition of the Consul, shall immediately dispatch a military force to dispose the rioters, apprehend the guilty individuals, and punish them with the utmost sign of the law. Subjects of Chosen guilty of any criminal act toward citizens of the United States shall be punished by the Authorities of Chosen according to the laws of Chosen; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of the people of Chosen, shall be punished only by the Consul or other public functionary threats authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chosen or the United States authorities.
When controversies arise in the Kingdom of Chosen between citizens of the United States and subjects of His Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Governments of the United States and Chosen that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff’s nationality, shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interest of justice. If he so desires he shall have the right to present, to examine, and to cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case.
Art. V. Whenever United States vessels either by stress of weather or by want of fuel and provisions cannot reach one or the open ports in Chosen, they may enter any port or harbor either to take refuge therein or to get supplies of wood, coal, and other necessities, or to make repairs, the expenses incurred hereby are to be defrayed by the ship’s master. In such events both the officers and the people of the locality shall display their sympathy by rendering full assistance, and their liberality in supplying the necessities required.
If a United States be wrecked on the coast of Chosen, the nearest Chosen authority, on being informed of the occurrence, shall immediately send assistance to the crew, provide for their present necessities, and take the measures necessary for the salvage of the ship and the preservation of the cargo. The whole shall then be brought to the knowledge of the nearest Consul or Consular Agent, in order that the latter, in concert with the competent authority, may take ships for sending the crew home, and for saving the debris of the ship and cargo.
Art. VI. The Coasts of Chosen, having hitherto been left unsurveyed, are very dangerous for vessels approaching them, and in order to prepare charts showing the positions of islands, rocks, and reefs, as well as the depth of water, whereby all navigators may be enabled safely to pass between the two countries, any United States mariner may freely survey said coasts.
Art. VII. His Majesty the King of Chosen hereby promises and agrees that no other kind or higher rate of tonnage dues or duties for imports or exports or [_____] trade shall be imposed or levied in the open ports of Chosen upon vessels wholly belonging to citizens of the United States, or upon the Produce, Manufactures, or Merchandise imported in the same from the United States; or from any foreign country; or upon the Produce, Manufacture, or Merchandise exported in the same to the United states or to any foreign country, or transported in the same from one open port of Chosen to another, than are imposed or levied on vessels of any other nation, or on those of subjects of Chosen.
The United States hereby promise and agree that no other kind or higher rate of tonnage dues or duties for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of His Majesty and coming either directly or by way of any foreign port from any other ports of Chosen which are open to foreign trade, to the ports of the United States, or returning there from either directly or by way of any foreign port to any of the open ports of Chosen; or upon the Produce, Manufactures, or Merchandise imported in the same from Chosen or from any foreign country, than are imposed or levied on vessels of other nations which make no discrimination against the United States in tonnage dues, or duties on imports, exports, or [_____] trade; or than are imposed or levied on vessels and cargoes of citizens of the United States.
His Majesty the King of Chosen hereby further agrees that the duties leviable on merchandise imported to; and exported from the open ports of Chosen shall in no case exceed the maximum rate of 10 percent ad valorem; and that such duties of import and export shall be paid only once for all at the ports of entry or shipment, and that no further dues or internal taxes shall be levied in such merchandise in transitive.
Art. VIII. The Governments of Chosen and of the United States mutually agree and undertake that subjects of Chosen shall not be permitted to import opium into any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of Chosen. This absolute prohibition which extends to vessels owned by the citizens or subjects; of either Power, to foreign vessels employed by them, or to vessels owned by citizens or Subjects of either Power and employed by other persons for transportation of opium, shall be enforced by appropriate legislation on the part of chosen and the United States, and the benefit of the famed nation clause in existing treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this Article.
Art. IX. Friendly relations having been established between the two contracting parties, it is necessary to prescribe trade regulations for the benefit of the merchants of the respective countries.
Such trade regulations, together with detailed provisions, to be added to the Articles of the present Treaty to develop its meaning, and facilitate its observance, shall be agreed upon at the Capital of Chosen, or at in the country, within eighteen months from the present date by special commissioners appointed by the two countries.
Act X. The two contracting parties hereby agree that should at any time the King of Chosen grant to any nation, or to the merchants or citizens of any nation, any right, privilege or favor connected either with navigation, commerce, political, or other intercourse, which is not confined by this Treaty, such right, privilege, and favor, shall at once freely [____] to the benefit of the United States, its public officers, merchants, and citizens.
In faith whereof the Respective Plenipotentiaries have signed and sealed the foregoing at in English and Chinese, being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at within one year from the date of its execution.
No. 2
Draft of Treaty between The United States and Corea:
Purporting to have come from the Government of Corea, and modified by H. Ex. Li-Hung-Chang
The Kingdom of Chosen and the United States of America being sincerely desirous of establishing abiding relations of amity and friendship between these respective peoples, have therefore appointed that is today the King of Chosen
As his commissioner Plenipotentiary, and the President of the United States
As his commissioner Plenipotentiary, who having reciprocally examined their free respective full powers, have agreed upon the several articles as under,
Article I. Chosen, being a dependent state of the Chinese Empire, has nevertheless hitherto exercised her own sovereignty in all matters of internal administrative and foreign relations. After the conclusion of this Treaty, the King of Chosen and the President of the United States shall treat with each other upon terms of perfect equality, and the subjects and citizens of the two nations shall maintain perpetual relations of friendship. If other Powers deal unjustly or oppressively with either Government, the other shall render assistance and protection, or shall act as mediator in order to the preservation of perfect peace.
Article II. After the conclusion of this Treaty of commerce and amity, the High Contracting Powers, may each appoint Diplomatic Representatives at the Court of the other, and may each appoint Consular Authorities at the open ports of the other, at their own convenience. These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The Diplomatic and Consular Authorities of the two ports shall receive mutually all the privileges, rights and consideration without discrimination which are accorded to the same class of representatives from the most favored nation. Consuls shall exercise their functions only after receipt of an exequatur from the Govt to which they are accredited. The consular authorities shall be bona-fide officials, and no merchants shall be permitted to exercise the duties of the office, nor shall Consular Officers be allowed to engage in trade. At ports to which no Consular Representatives have been appointed, the Consuls of other Powers may be invited to act, provided that no merchant shall be allowed to assume the duties; or the provisions of this Treaty may in such cases be enforced by the local authorities. In the relations between the people of the two nations if matters shall arise which are offensive to the local authorities and people, the Consular Authorities shall not arbitrarily interfere. If Consular Representatives conduct their business in an improper manner, their exequaturs may be revoked in conformity with the rules of international procedure.
Article III. If the vessels of either nation meet with stress of weather or one cast ashore upon the coasts of the other the local authorities upon being informed of the fact shall devise measures for their reserve and protection. All reasonable possibilities shall be afforded by the local authorities of either country to vessels of war or the other to make necessary repairs and to purchase supplies at the ports open to trade. But merchant vessels, except when forced by stress of weather shall not be allowed to enter ports not open to foreign trade, and shall be liable to penalties for violation of this provision.
Article IV. The subjects of Chosen who desire to proceed to the various ports of the United States for purpose of commerce shall conform to the laws and regulations of the United States. And the United States agrees to grant to them all the rights, privileges, and immunities which are accorded to the subjects or citizens of the most favored nations.
According to the international laws recognized by the European and American Governments, citizens of the United States who may frequent Corean ports open to foreign trade should be subject to the jurisdiction of the native authorities. But as Chosen has not yet arranged with the United States to modify the laws and procedure of the former in conformity with the laws of Western Nations, Chosen agrees temporarily that citizens of the United States in Chosen shall be subject to the jurisdiction of their Consular Authorities. If persons from vessels of the United States create disturbance on shore, the local authorities shall conduct measures with the Consul for suppressing it.
Article V. Merchants and merchant vessels of Chosen visiting the United States for purposes of traffic shall pay tonnage dues and duties and all fees according to the Customs Regulations of the United States.
Merchants and merchant vessels of the United States visiting Chosen for the purposes of trade, shall pay duties upon all imports and exports. But as the particular rate of duty to be lied upon each class of merchandise, has not yet been fixed, it is for the present agreed that upon such imports as are necessities of life an ad valorem duty of 10% shall be levied, and that upon such as are luxuries, as foreign wine, tobacco, clocks and watches an ad valorem duty of 30% shall be levied. Native produce exported shall pay an ad valorem duty of 3%.
American merchant vessels entering the ports of Chosen shall pay tonnage dues at the rate of five mace per ton, payable once in three months according to the Chosen calendar.
Article VI. Subjects of Chosen who may visit the United States for purposes of commerce shall be permitted to reside and to rent, purchase, construct residences or warehouses in all parts of the country. They shall be permitted to traffic in all merchandise, raw and manufactured, that is not declared contraband by law.
Citizens of the United States visiting to the open ports of Chosen, are permitted to reside at such ports to rent houses or land and to erect buildings, but no coercion or intimidation may be exercised. The land thus leased remains an integral part of the Kingdom of Chosen and the administrative functions of the local communities shall not be interfered with.
Native produce and foreign imports, not contraband, may be brought and sold at the ports open to trade. But American merchants are not permitted either to transport foreign imports to the interior for sale, or to proceed to the interior to purchase native produce. Nor are they permitted to transport nature produce from one open port to another open port. Violations of this rule will subject vessel and cargo to confiscation and the merchant offending will be handed over to his Consul to be dealt with.
The importation of opium is strictly forbidden. Persons who bring it into the open ports shall be punished by the Authorities of Chosen.
Article VII. All crimes and suits at law which may arise in Chosen in which the subjects and citizens of the two Powers are concerned shall be tried in the Court and by the law of the defendant’s nationality. In the case of thefts and debts the proper officers of the two Governments will make effort to arrest and punish the guilty parties and to secure restitution or payment, but will not be held personally responsible for any losses incurred.
Should the plaintiff in any action be dissatisfied with the judgment, he may appeal through his official to the official of the defendant for a new trial.
Article VIII. The officers and people of either nation residing in the other shall have the right to employ natives for all lawful work. Should subjects of Chosen guilty of violation of the laws of the Kingdom, or against whom any action had been brought, conceal themselves in the residences of American officials or citizens, or in warehouses or on board American merchant vessels, the local authorities shall, on the one hand, notify the Consul, and, on the other dispatch constables to make the arrests.
American officials or citizens shall not be permitted to harbor such persons.
Students of either nationality who may proceed to the country of the other in order to study the language, literature, laws, or arts shall be given all possible protection and assistance in endurance of good will.
Article IX. This being the first Treaty negotiated by the Govt of Chosen, is necessarily incomplete and imperfect in provisions. It shall, however, in its stipulations be first carried into operation. As to stipulations not embodied herein, after a period of five years, when the officers and people of the two Powers shall have become more familiar with each other’s language a further negotiation of commercial provisions and regulations in detail in conformity with international law and without unequal discrimination on either part shall be had.
Article X. This treaty and future official correspondence between the two contracting Powers shall be made, on the part of Chosen in the Chinese language. The United States shall either use the Chinese language, or if English is used, it shall be accompanied with a Chinese version in order to avoid misunderstanding.
The foregoing Articles having been agreed upon the Representatives of the High Contracting Powers are herewith, in the first instance signed and sealed by them in witness where of the whereof the King of Corea shall forward forward a copy to the Board of Rites of the Chinese Emperor and shall ratify as above.
The President of the United States, by and with the advice and consent of the Senate shall ratify this instrument and the certificates of ratification shall be exchanged at a place to be named, and thereafter they shall be proclaimed in both countries in order that they may be known and obeyed.
Chosen A.D. 1882
【漢譯文】
代擬朝鮮與美國修好通商條約
光緖八年二月
大朝鮮國與大美國切欲敦崇和好 惠顧商民 是以大朝鮮國君主特派全權大臣 大美國伯理璽天德特派全權大臣 各將所奉全權字據互相校閱 訂立條款 臚列於左
第一款
朝鮮爲中國屬邦 而內政外交事宜向來均得自主 今玆立約後 大朝鮮國君主大美國伯理璽天德俱平行相待 兩國人民永敦和好 若他國偶有不公及輕侮之事 必彼此援護 或從中善爲調調處 俾獲永保安全
第二款
此次立約通好後 兩國可按照通例 彼此各派秉權大員 往來駐紮 並於通商口岸設立總領事領事副領事署領事等官 均聽其便 此等官員官員與本地官交涉往來 均應用品級相當之禮 兩國秉權大員與領事等官 享獲種種恩施 與彼此所待最優之國官員無異 惟領事官必須奉到駐紮之國批准文憑 方可視事 所派領事等官必須眞正官員 不得以商人兼充 亦不得兼作貿易 倘各口未設領事官 或請別國領事兼代 亦不得以商人兼充 或卽由地方官照現定條約代辦 至商民交涉事件有與本地官民齟齬者 領事官不得任意爭執 如領事官辦事不合 彼此均可按照公例 將批准文憑追回
第三款
兩國船隻在彼此沿海地方 若遇遭風擱淺等事 地方官聞知 卽應設法救護 至兩國兵船往來 在彼此已開口岸 如遇買取食物煤炭甜水 修理船隻 地方官應妥爲照料 惟商船於未開口岸 除遭風外 不得駛往 違者罰辦
第四款
朝鮮國商民欲往美國各口各邑貿易 應遵守美國律例章程 美國亦准照待最優國之商人一體看待 至美國商民前往朝鮮國 准開口岸貿易 若照歐美各國通例 原應歸地方官管轄 惟朝鮮國與美國政制攸殊 現尙未訂改東西交涉公律 是以朝鮮國政府暫許美國商民歸領事官管轄 至美國船主諸色人等 如有上岸滋事 應由地方官會同領事官妥爲彈壓
第五款
朝鮮國商民並其商船前往美國貿易 凡納稅船鈔等事 應遵照美國海關章程辦理 至美國商民並其商船前往朝鮮貿易 進出貨物均應納稅 惟各色貨物銷滯 不得預知 稅則暫難詳定 玆擬先訂大略 各色進口貨有關民生日用者 照估價値百抽十 其奢靡玩要等物 如洋酒呂宋煙鐘表之類 照估價値百抽三十 至出口土貨 槪値百抽五 美國商船進朝鮮口岸 須納船鈔 每噸銀五錢 按中歷一季抽收一次
第六款
朝鮮國商民前往美國各處貿易 准其在該處居住 賃房買屋 起蓋棧房 所有土産 以及製造之物 與不違例之例之貨 均許買賣 美國商民前往朝鮮已開口岸 准其在該處居住賃房 租地建屋 惟不得稍有勒遇 其出租之地 仍歸朝鮮版圖 不得有碍地方官治理之權 所有本國土産以及外洋運來不違禁例之貨 均可就已開口岸收買發賣 但美國商民不得以洋貨運入內地售賣 亦不得自入內地採買土貨 倂不得以土貨由此口販運彼口 違者將船隻貨物入官 並將該商交領事官懲辦 至鴉片煙素所嚴禁 如有運販進口者 由朝鮮官罰辦
第七款
凡美國商民在朝鮮已開口岸 遇有與朝鮮民人交涉財産及各罪案 俱由被告所屬之官員審斷 各照本國律例定案 惟竊盜逋欠等事 兩國官員只能分別拏辦追究 不能代償 倘案內原告有未甘服者 應聽其所屬官員照會被告所屬官員覆訊
第八款
凡兩國官員商民在彼此通商地方居住 均可雇請各色人等勷執分內工藝 惟朝鮮人遇犯本國例禁或牽涉被控 凡在美國官民公館寓所行棧及商船隱匿者 由地方官一面知照領事官 一面派差拘拏 美國官民不得庇縱捎留 至兩國生徒往來學習語言文字律例藝業等事 彼此均宜勷助 以敦睦誼
第九款
玆朝鮮國初次立約 所訂條款姑從簡略 應遵條約已載者先行辦理 其未載者俟五年後 兩國官民彼此言語稍通 再行議定 至通商詳細章程 須酌照歐美各國通例 公平商訂 無有輕重大小之別
第十款
此次兩國訂立條約 與夫日後往來公牘 朝鮮專用華文 美國亦用華文 或用洋文必須以華文註明 以免歧誤
以上各款現由兩國所派全權大臣議定 先行畫押蓋印 用昭憑信 俟大朝鮮國君主一面移咨中國禮部 一面批准 大美國伯理璽天德由國會紳耆大臣議允批准後 彼此知照 指定一處互換 然後刊刻通行 使兩國官民成知遵守
大朝鮮國 開國某年 月 日
大美國 一千八百某年 月 日
No. 3
Draft of Treaty between The United States and Corea
being a combination of Drafts Nos. 1 and 2
Compiled by myself and presented to His Ex. Li-Hung-Chang, for his consideration. April 2, 1882
The Kingdom of Chosen and the United States of America being sincerely desirous of establishing abiding relations of amity and friendship between their respective peoples have therefore appointed that is to say the King of Chosen
and his Commissioner Plenipotentiary, and the President of the United States
and his Commissioner Plenipotentiary, who having reciprocally examined their respective full powers, which have been found to be in due form, have agreed upon the several articles as under
Article I. The King of Chosen and the President of the United States shall treat with each other upon terms of perfect equality, and the subjects and citizens of the two nations shall maintain perpetual relations of friendship.
If other Powers deal unjustly or oppressively with either Government, the other shall under such assistance as friendly governments having treaty relations may afford to each other under the laws of nations, or shall act as mediators in order to the preservation of perfect peace.
Article II. After the conclusion of this treaty of commerce and amity, the High Contracting Powers may each appoint Diplomatic Representatives at the Court of the other and may each appoint Consular Authorities at the open ports of the other at their own convenience. These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality.
The Diplomatic and Consular Representatives of the two Governments shall receive mutually all the privileges, rights and consideration, without discrimination which are accorded to the same class of representatives from the most favored nation. Consuls shall exercise their functions only after receipt of an exequatur from the Government to which they are accredited. The Consular Authorities shall be bona-fide officials, and no merchants shall be permitted to exercise the duties of the officer, nor shall consular officers be allowed to engage in trade.
At ports to which no Consular Representatives have been appointed the Consuls of other Powers may be invited to act provided that no merchant shall be allowed to assume the duties; or the provisions of this treaty may for such case be enforced by the local authorities.
If Consular Representatives conduct their business in an improper manner, their exequaturs may be revoked subject to the approval previously obtained of the Diplomatic Representative of the Government by whom they are appointed.
Article III. Whenever United States vessels either by stress of weather or by want of fuel and provisions cannot reach one or other of the open ports in Chosen, they may enter any port or harbor, either to take refuge therein or to get supplies of wood, coal, and other necessities, or to make repairs. The expenses incurred thereby are to be defrayed by the ship’s master. In such events both the officers and the people of the locality shall display their sympathy by rendering full assistance, and their liberality in supplying the necessities required.
If a United States vessel be wrecked on the coast of Chosen, the nearest Chosen authority, on being informed of the occurrence, shall immediately send assistance to the crew, provide for their present necessities, and take the measures necessary for the sabotage of the ship and the preservation of the cargo.
The whole shall then be brought to the knowledge of the nearest Consular Agent, in order that the latter in concert with the competent authority may take slips for sending the crew home, and for saving the debris of the ship and cargo.
Article IV. All citizens of the United States of America in Chosen, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of Chosen, shall receive and enjoy for themselves and everything appertaining to them, the protection of the local authorities of the Government, who shall defend them from all insult and injury of any sort. If their dwellings or property be threatened or attacked by riots, incendiaries, or other violent or lawless persons, the local officers on requisition of the Consul, shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost sign of the law. Subjects of Chosen guilty of any criminal act towards citizens of the United States shall be punished by the Authorities of Chosen according to the laws of Chosen; and citizens of the United States either on shore, or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of the people of Chosen, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chosen or the United States Authorities.
When controversies arise in the Kingdom of Chosen between citizens of the United States and subjects of His Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Governments of the United States and Chosen that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff’s nationality shall be freely permitted to attend the trial and shall be treated with the courtesy due his position. He shall be granted all proper facilities for watching the proceedings in the interests of justice. If he so desires he shall have the right to present, to examine, and to cross-examine witnesses. If the is dissatisfied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case.
It is however mutually agreed and understood between the High Contracting Powers that whenever the King of Chosen has so far modified and reformed the statues and judicial procedure in his Kingdom that in the judgment of the United States they conform to the laws and codes of justice in the United States, the right of exterritorial jurisdiction over U.S. citizens in Chosen shall be abandoned, and U.S. citizens shall when within the limits of the Kingdom of Chosen be subject to the jurisdiction of the native authorities.
Article V. Merchants and merchant vessels of Chosen visiting the United States for purposes of traffic shall pay tonnage dues and duties and all fees according to the Customs Regulations of the United States.
Merchants and merchant vessels of the United States visiting Chosen for purpose of trade shall pay duties upon all imports and exports. But as the particular rate of duty to be levied upon each class of merchandise has not yet been fixed, it is in the present agreed that upon such imports are necessities of life an ad valorem duty not to exceed 10% shall be levied, and that upon such as are luxuries, as foreign wines, tobacco, clocks and watches, an ad valorem duty not to exceed 30% shall be levied. Native produce exported shall pay an ad valorem duty not to exceed 3%. And it is agreed that these duties shall be paid once for all at the port of import or export, and that, no other dues, duties, or fees or taxes of any sort whatsoever shall be levied upon the goods in the interior of Chosen or at the port.
American merchant vessels entering the ports of Chosen shall pay tonnage dues at the rate of five mace per ton; payable not more than once in three months according to the Chosen calendar. The tonnage dues shall be applied exclusively to the proper and necessary envoy of the coasts of Chosen, and the construction and maintenance of lighthouses, beams, buoys, &c.-
Article VI. Subjects of Chosen who may visit the United States for purposes of commerce, shall be permitted to reside and to rent, purchase or construct residences or warehouses in all parts of the country. They shall be permitted to traffic in all merchandise, raw and manufactured that is not declared contraband by law.
Citizens of the United States visiting to the open ports of Chosen, are permitted to reside at such ports, to rent houses or land, and to erect buildings, but no coercion or intimidation may be exercised.
The land thus leased remains an integral part of the Kingdom of Chosen, and the administrative functions of the local authorities shall not be interfered with.
Native produce and foreign imports not contraband, may be bought and sold at the ports open to trade. But American merchants are not permitted either to transport foreign imports to the interior for sale, or to proceed to the interior to purchase native produce. Nor are they permitted to transport native produce from one open port to another open port. Violations of this rule will subject such cargo to confiscation, and the merchant will be handed over to his Consul to be dealt with.
The Governments of Chosen and of the United States mutually agree and indicate that subjects of Chosen shall not be permitted to import opium into any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of Chosen. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of Chosen and the United States, and the benefits of the favored nation clause in existing treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this opium clause.
Article VII. The officers and people of either nation residing in the other, shall have the right to employ natives for all kinds of lawful work. Should subject of Chosen guilty of violation of the laws of the Kingdom, or against whom any action had been brought conceal themselves in the residences of American citizens, or in warehouses, or on board American merchant vessels, the local authorities shall, on the one hand, notify the Consul, and, on the other, dispatch constables to make the arrests. But the warrants for such arrests shall have the Consular endorsement before it can be executed in premises occupied by American citizens.
It is to be understood, however that American citizens are not permitted to harbor such persons.
Article VIII. Students of either nationality who may proceed to the country of the other in order to study the language, literature, laws, or arts shall be given all possible protection and assistance in evidence of cordial good will.
Article IX. This being the first treaty negotiated by the Government of Chosen, is incomplete and imperfect in its provisions. It shall, however, in its stipulations be first carried into operation. As to stipulations not embodied herein, after a period of five years, when the officers and people of the two Powers shall have become more familiar with each other’s language, a further negotiation of commercial provisions and regulations in detail, in conformity with international law and without unequal discrimination on either part shall be had.
Article X. This treaty and future official correspondence between the two contracting Powers shall be made on the part of Chosen in the Chinese language. The United States shall either use the Chinese language or if English used it shall be accompanied with a Chinese version in order to avoid misunderstanding.
Article XI. The contracting parties hereby agree that should at any time the King of Chosen grant to any nation, or the merchants or citizens of any nation, any right, privilege or favor connected either with navigation, commerce, political or other intercourse, which is not conferred by this Treaty, such right, privilege, and favor shall at once freely [_______] to the benefit of the United States, its public officers, merchants, and citizens.
In faith whereof the respective Plenipotentiaries have signed and sealed the forgoing at [_______] in English and Chinese, being true originals of each text of even tenor and date, the ratifications of which shall be exchanged at within one year from the date of its execution.
【漢譯文】
美總兵嶭擬子朝鮮約稿
大朝鮮國與大亞美理加合衆國切欲敦崇和惠顧商民(正本惠顧彼此人民)是以大朝鮮國君主特派全權大次正本全權大官經理統理機務衙門事申櫶全權副官經理統理機務衙門事金宏集大美國伯理璽天德特派全權大次水帥總兵嶭斐爾各將所奉全權字據互相較閱俱屬妥善訂立條款臚列於左
第一款(正本第一款不用另有照曾)
朝鮮爲中國所屬之邦而內治外交向來歸其自主今大朝鮮美國彼此明允定議大朝鮮國主允此條約內外款按自主公例必要認眞照辦大美國國王允定認朝鮮國爲中國屬邦嗣後永遠不相干預
第二款(正本此爲第一款)
嗣後大朝鮮國君主大美國伯理璽天德幷其商民各皆永遠和平友好若他國有何不公輕藐之事一經照知必須相助從中善爲調處以示友誼關切
第三款(正本此爲第二款)
此次立約通商和好後兩國各交派秉權大臣駐紮彼此都城竝於彼此通商口岸設立總(正本無總字)領事等官均聽其便此等友(官)員與本地方友(官)交涉往來均應用品級相當之禮兩國秉權大臣與領事等官享獲種種恩施與彼此相待(正本相待作所待)最優之國官員無異惟領事官必須奉到駐紮之國批準文憑方可視事所派領事等官必須眞正官員不得以商人兼充亦不得兼作貿易倘各口未設領事官或請別國領事兼代亦不得以商人兼充或卽由地方官照視定條約代辦若駐紮朝鮮之美國領事等官辦事不合須知照美國公使彼此意見相同可將批準文憑追回
第四款(正本此爲第三款)
美國船隻在朝鮮左近海面如遇颶風或缺糧食煤水距通商口岸太遠應許其隨處收泊以避颶風購買糧食修理船隻所有經費係由船主自備地方官民應加憐恤援助(正本援助之下添供其所需四字)如該船在不邇商之口潛往貿易拏獲船貨入官如美國船隻在朝鮮海岸破壞朝鮮地方官一經聞知卽應飭令將水手先行救護供其糧食等項一面設法保護船隻貨物幷行知照領事官俾將水手送回本國幷將船貨撈起一切費用或由船主或由美國認還
第五款(正本此爲第四款)
美(國)人民人在朝鮮居住安分守法其性命財産朝鮮地方官應當代爲保護勿許稍有欺凌損毁如有不法之徒欲將美國房屋業産搶劫燒毁者地方官一經領事告知卽應派兵彈壓幷査拏罪犯按律重辦朝鮮民人如有欺凌美國民人應歸朝鮮官接(按)朝鮮律例懲辦美國民人無論在商船在岸上如有欺凌騷擾損毁朝鮮民人性命財産等事應歸美國領事官或美國所派官員按照美國律例査拏懲辦其在朝鮮國內朝鮮美國民人有如涉訟應由被告所屬之官員以本國律例審斷原告所屬之國可以派員聽審審官當以禮相待聽審官如欲傳訊査訊分訊證見亦聽其便如以審官所斷爲不公亦許其詳細駁辯大美國與大朝鮮國彼此明定如朝鮮日後改定律例及審案辦法在美國視與本國律例辦法相符卽將美國官員在朝鮮審案之權收以後朝鮮境內美國民人卽歸地方官管轄
第六款(正本此爲第五款)
朝鮮國商船前往美國貿易凡納稅船鈔幷一切各費應遵照美國海關章程辦理與征收本國人民及相待最優之國稅鈔不得額外加增美國商船前往朝鮮貿易進出口貨物均應納稅其收稅之權應由朝鮮自主所由進出口稅項及海關禁防偸漏諸弊悉聽朝鮮政府設立規則先期知會(正本先期知會之下添美國官布示商民遵行現擬十一字)先訂細稅則大略各色進口貨有關民生(正本民生下有日用二字)者照估價値百抽稅不得過一十其奢靡玩要等物洋酒呂宋煙鍾表之類照估價售百抽稅(稅不得過三十至出口土貨槪照値百抽)不得過五凡進口洋貨除在口岸完納正稅外該項貨物或入內地或在口岸永遠不納別項稅費美國商船進朝鮮口岸須納船鈔每噸銀五錢每船按中曆一季抽一次
第七款(正本此爲第六款)
朝鮮國商民前往美國各處准其在該處居住賃房買屋(正本買屋作買也)起蓋棧房任其自便其貿易工作一切所有土産以及製造之物與不違禁之貨均許買賣美國商民前往朝鮮已開口岸准其在該處所定界內居住賃房租地建屋任其自便其貿易工作一切所有土産以及製造之物與不違禁之貨均許賣買惟租地時不得稍有勒逼該地租價悉照朝鮮所定等則完納其出租之地仍歸朝鮮版圖除按此約內所指明歸美國官員應管商民外(正本商民下添錢産二字)皆仍歸朝鮮地方官管轄美國商民不得以洋貨運入內地售買亦不得自入內地採買土貨倂不得以土貨由此口販運彼口違者將貨物入官幷將該商交領事官懲辦
第八款(正本此爲第七款)
朝鮮(正本朝鮮之下添國字美國彼此商定八字)商民不准販運洋藥入美國通商口岸美國商民亦不准販運洋藥入朝鮮通商口岸(正本通商口岸之下添幷由此口運往彼口亦不准作一切買賣洋藥之貿易所有二十三字)兩國商民無論雇用本國船別國船及本國船爲別國商民雇用販運洋藥者均由各本國自行永遠禁止査出從重懲罰
第九款(正本此爲第八款)
如有朝鮮國內有事故恐致境內缺食大朝鮮國君主暫禁米糧出口經地方官照知後由美國官員轉飭在各口美國商民一體遵辦(正本遵辦之下添惟於已開仁川一港各色米糧皆行禁止運出)紅蔘一項朝鮮舊禁出口美國人如有潛買出洋者均査拏入官仍分別懲罰
第十款(正本此爲第九款)
凡砲位鎗刀火藥鉛丸一切軍器應行由朝鮮官自行采辦或美國人奉朝鮮官准買明文方准進口有私販査貨入官仍分別懲罰
第十一款(正本此爲第十款)
凡兩國官員商民在彼此通商地方居住均可雇請各色人等勷執分內工藝若朝鮮人遇犯本國例禁或牽涉被控丸在美國商民寓所行棧及商船隱匿者由地方官照知領事館有或准差役自行往拏或由領事派人拿交朝鮮差役美國官民不得稍有庇縱指留
第十二款(正本此爲第十一款)
兩國生徒往來學習語言文字律例藝業等事彼此均宜勷助以敦睦誼
第十三款(正本此爲第十二款)
玆朝鮮國初次立約姑從簡略應遵條約已載者先行辦理其未載者俟五年後兩國官民彼此言語稍通再行議定至通商(正本通商下有詳細二字)章程須酌照萬國公法通例公平商訂無有輕重大小之別
第十四款(正本此爲第十三款)
此次兩國訂立條約與夫日後往來公牘朝鮮專用華文美國亦用華文或有英文必須以華文註明以免岐誤
第十五款(正本此爲第十四款)
現經兩國議定嗣後朝鮮(正本嗣後下擡書大朝鮮國君主有何惠政云云)有何惠政恩典利益施及他國或其商民無論關涉海面行船通商貿易交往等事爲該國幷其商民從來未沾抑爲此條約所無者亦准美國官民一體均霑(正本一體均霑之下改以惟此種優待他國之利益若立有專條一體遵守方准同霑優待之利益)惟於優待他國利益係出於甘讓立有專條互相酬報
以上各款現經大朝鮮美國大臣同在朝鮮(正本朝鮮下添仁川府三字)議定繕寫華洋文各三分句法相同先行畵押蓋印以昭憑信仍俟兩國御筆批準總以一年爲期在朝鮮(正本朝鮮下添仁川府三字)互換然後將此約各款彼此通喩本國官員商民俾得咸知遵守
大朝鮮國開國四百九十一年 中國光緖八年四月初六日
大美國一千八百年月日
A.
Letter to His Ex. Li-Hung-Chang: on the subject of the First Article of the Treaty between the United States and Corea, as proposed by Corea
Tientsin, China
April 4th, 1882
His Excellency,
Li-Hung-Chang,
Grand Secretary, Senior Guardian to the Emperor, Viceroy of Chihli, &c. &c. &c.
Your Excellency,
By an understanding with your Ex. I had the honor to meet in conference on Saturday last, with H. Ex. The Haikwan Taotai, Ma Taotai, and Mr. Lo-Fung-loh on the subject of a treaty between the United States and the Kingdom of Corea.
I submitted to these officials, acting on the part of your Ex. a draft of each a treaty combining the projects of the two Parties which had previously been interchanged, in such form as I thought would meet with your approbation and thus secure your assistance in the accomplishment of the object in view.
This draft seemed to me liberal in terms, and eminently just towards Corea, which country is unaccustomed to foreign intercourse, and one by which it might shape its future policy with reference to all foreign nations.
I was met by these officials however with the propositions contained in the first article of the Corean project to wit: “Chosen, being a dependent state of the Chinese Empire, has nevertheless hitherto exercised her own sovereignty in all matters of internal administrative and foreign relations. After the conclusion of this Treaty, the King of Chosen and the President of the United States shall treat with each other upon terms of perfect equality, and the subjects and citizens of the two nations shall maintain perpetual relations of friendship.
If other Powers deal unjustly or oppressively with either Government, the other shall render assistance and protection, or shall act as mediator in order to the preservation of perfect peace.”
My assent to this article was made the “sine-qua-non” of any further discussion.
I do not deny the right of a semi-dependant state to make independent treaties, on the contrary if (as the article referred to asserts) the Kingdom of Corea is a dependent state in possession of sovereign powers as to its foreign and domestic relations; then I respectfully submit, that the United States has the right to treat with it irrespective of the suzerainty of China. It is eminently proper that the King of Corea should take the advice and be governed by the counsel of his suzerain the Emperor of China, and the United States has no cause whatever of complaint, but the privilege remains unimpaired for the two countries to negotiate upon terms of perfect equality and without any reference to, or acknowledgement of any other power that contained in themselves.
Any reference therefore to China in this treaty would not be pertinent to it, and might be the cause of complications which the United States always desires to avoid in its foreign relations. Moreover the article in question more or less directly connects China and the United States, in such a way as to make these two great powers, the joint protectors of Corea. However willing I might be personally to see Corea enter the family of nations under such powerful escort, your Ex. will understand, that I am only authorized to make a treaty of amity and commerce, and not to enter into any political alliance.
Under these circumstances I submit to your Ex. that you should not ask me to insert in this treaty, an extraneous article which might before reaching in its effects, but which has no bearing upon the object, and which at the same time has no precedent.
I have the honor to submit these views, with the hope, that your decision as indicated by your advisers may not be final.
I have the honor to be,
Your Excellency’s obedient servant
(signed) R.W. Shufeldt
Commodore, U.S.N.
Envoy to Corea
D.
Memorandum of an Interview between His Ex. Li-Hung-Chang and myself, on the subject of the Corean Treaty and other matters. Tientsin, China.
Thursday, April 6th, 1882
Had an interview yesterday, April 5th, with His Ex. the Viceroy at his Yamen, upon the subject of the Treaty with Corea.
At this interview were present His Ex., the Haikwan Taotai, Ma Taotai, and Mr. Lo-Fung-loh interpreter.
His Ex. began the interview by saying that the draft of a treaty which I had previously exhibited to him, met with his approval, with the exception of some small emendations, which he would send to me for consideration. (This draft is a combination of the perfect purporting to come from Corea, and one previously arranged by Mr. Holcombe and myself at Peking.)
His Ex. however said, that the insertion of the first article of the Corean treaty (which will be found in [_________] in the foregoing letter to His Ex. dated April 4th and inclosed: marked A) was indispensable; otherwise he could not send either a messenger or a gun-boat to accompany me to Corea; that the instructions of his own Govt made this imperative. I then sent to him the letter of April 4th as an agreement why this article was regarded as inadmissible on the part of the United States in any treaty with Corea. Subsequently to his own request, the letter was handed to him and His Ex. after considerable discussion, asked for four days further consideration, when a final interview might take place but intimated that in any event, this article would be sent to Corea, to be inserted there; as he insisted that it was written at the desire of the King of Corea himself. I told him that in that event I could not take the to Corea under the auspices of China, because the article was entirely inadmissible. A discussion then ensued as to the propriety of the Corean Govt addressing a communication to the Govt of the United States, after the signature of the treaty, stating that such treaty had been made, by and with the consent of the Govt of China. In reference to this, I would only commit myself so far, as to promise to see that such communication reached its destination; but again insisted distinctly upon the fact, that the United States had nothing whatever to do in its treaty with Corea, with the Govt of China, except so far as its friendly offices were concerned.
His Ex. then to my surprise, stated to me, that a friend of his in America had telegraphed him, that in a published letter of mine to my Govt I had said that “force was the only argument to use in Corea.” He asked me if I had written any such letters to the Govt. I told him I had not. He then repeated the question with regard to Eastern Nations generally. I then replied that I did not propose to hold myself responsible to him for any correspondence of mine whether official or personal. I then said to His Ex. that since he had broached a subject outside of the matter under discussion, I wished him to understand that I appreciated the studied indignity with which I had been treated by him for four months. That I had on two or three occasions sought an interview, and it had been denied me. That his manner had been more or less reflected by the mandarins surrounding him, until the foreign residents in Tientsin had come to consider me as an adventure seeking officer in China, although he himself will know that I had come here by his own invitation and with the approval of my own Govt. His Ex. could not suppose that I would submit to such treatment without intimating it to my own Govt or resenting it in any other meaner that I might think proper. I had never, to my knowledge, given His Ex. any reason for this palpable disregard both of my age and position, and yet it had been so marked, that my own Minister had on two occasions advised me to leave Tientsin rather than submit to it. (I had remained however, quietly bearing it, in order that I might see whether an American officer could be compelled to leave China under a condition of ignoring, when his conduct had been irreproachable. I then said to His Ex. that I did not wish any further discussion of this subject, and that I respectfully desired him to understand, that our intercourse hereafter must be of an official character.
The subject was then changed by His Ex. asking me if he might recommend Mr. Patrick as interpreter, in case I went to Corea. I told him I had applied to my Govt two months since for an interpreter; that I desired one who would be responsible to my own Govt for his work, and that I should prefer Mr. Holcombe, if he could be spared from Peking, to any other person the Govt might select.
The interview ended with the understanding before mentioned, that a final arrangement might be made at the end of four days.
R.W. Shufeldt
Commodore U.S.N. and Envoy to Corea
N.B. The impression may have been conveyed to His Ex. that I denied positively having so written to my Govt in reference to the use of force towards Eastern Nations generally, but if so it was owing to the existing nature of the conversation and its passing through an interpreter.
색인어
- 이름
- Frederick T. Frelinghuysen, Holcombe, Li-Hung-Chang, Li-Hung-Chang, Li-Hung-Chang, Li-Hung-Chang, R.W. Shufeldt, Holcombe, Li-Hung-Chang, Li-Hung-Chang, 嶭, 申櫶, 金宏集, 嶭斐爾, Li-Hung-Chang, Li-Hung-Chang, Haikwan Taotai, Ma Taotai, Lo-Fung-loh, R.W. Shufeldt, Li-Hung-Chang, Haikwan Taotai, Ma Taotai, Lo-Fung-loh, Holcombe, Patrick, Holcombe, R.W. Shufeldt
- 지명
- Tientsin, Washington, Peking, Peking, Tientsin, Peking, Peking, Tientsin, Peking, Tientsin, Tientsin, Peking, Tientsin, Peking
- 관서
- Chinese Navy, the Navy of China, the Board of Rites of the Chinese Emperor, 中國禮部, 海關
- 사건
- Draft of Treaty between the United States and Corea, Draft of Treaty between the United States and Corea, Draft of Treaty between the United States and Corea, First Article of the Treaty between the United States and Corea, the Treaty between China and the United States, Draft of Treaty between The United States and Corea, Draft of Treaty between The United States and Corea, Treaty of commerce and amity, 朝鮮與美國修好通商條約, Draft of Treaty between The United States and Corea, First Article of the Treaty between the United States and Corea, the first article of the Corean treaty
