No. 7
Shanghai, China
Hon. Frederick T. Frelinghuysen
Secretary of State
Washington, D.C.

Sir:

I have the honor to enclose herewith a copy of Draft No. 4 – and the final one, of the Treaty between the United States and Corea. Duplicate originals in the Chinese language of this Draft were certified to as correct, by H.Exc. the Viceroy and myself. One of these, I have reason to believe, has been sent to Corea; with a recommendation on the part of the Viceroy that it be adopted.
The First Article in the Corean Project of the Treaty referred to in my dispatch No. 5, you will observe has been entirely omitted, in the enclosed Draft. I had insisted upon this, as being outside of the object of the Treaty, and beyond my authority. The final understanding was, that I should ask the Viceroy to send the Treaty to Corea with an Envoy or messenger, as an act of friendship on the part of the Government of China towards that of the United States.
This proposition would have been agreed to if, during an interview between Mr. Holcombe and the Foreign Office at Peking, that Office had not proposed to him whether in some way less positive, the suzerainty of China over Corea might not be mentioned in the Treaty. To this proposition Mr. Holcombe did not see the objections which had occurred to me; consequently the Foreign Office addressed a letter to the Viceroy on the subject, and out of deference to the wishes, both of the Foreign Office, and of H. Exc. The Viceroy, although contrary to my own judgment, I sent to the Department on the 12th inst. the following telegram:
Tientsin, April 12th, 1882.
“May I insert in Treaty with Corea an Article admitting dependence of Corea upon China. China conceding sovereign powers to Corea. They desire it. I have objected. Answer.
Shufeldt.”
which at this date remains unanswered.
After the completion of the Draft at Tientsin, I also telegraphed on the 19th inst. the following effect.
“Business arranged except subject of [_____] telegram ready start for Corea, must have interpreter suggest Holcombe his assistance very necessary thirty-day probably sufficient can you send him putting Taylor in charge of anchors at Peking.
Shufeldt.”
By reference to any dispatch to the Secretary acknowledging the receipt of my instructions, you will observe that I asked for the appointment of an interpreter to accompany me to Corea. I know no one is competent as Mr. Holcombe, or so responsible to his own Government. The evident desire of the Chinese Government to make this Treaty as advantageous as possible to China, renders it absolutely necessary that a competent Chinese scholar should accompany me if I go to Corea.
I have made arrangements to be at Chefoo on, or about the 1st prox., in order to meet there the ‘Swatara,’ detailed to convey me to Corea; as well as a messenger appointed by the Viceroy to accompany me, either in that vessel, or in a Chinese gun boat; and for that purpose shall leave Shanghai within a few days.
But the death of the mother of the Viceroy, which, under the customs of China necessitate his immediate retirement from public life at least for the time being, may derange, or delay action on the part of the Chinese Government. If however, I find the messenger at Chefoo, and that this Treaty has been sent to Corea with the unconditional approval of the Viceroy, I shall, with absence of further instructions from the Department, proceed at once to that country, either to Fusan, as the Viceroy now desires, or to the mouth of the Seóul River.
I have no reason to change my opinion hitherto expressed as to the object of China and only in making, but in hastening this Treaty, but if the one here proposed can be made independent of political considerations, then I see no objection under favorable circumstances to making the effort.
If however the Treaty has not been forwarded unconditionally, I shall remain at Chefoo until the time will have elapsed necessary to hear from the Department by mail in answer to the telegram of the 12th inst, before referred to; when, not hearing, and no further action being taken on the part of the Chinese Government, I shall apply by telegram to be relieved from the duty assigned me.
I have our doubt however, that the preliminary efforts of our Government in this matter, will bring the attention of the world to Corea, and lead to the opening of that country.
Judging from the newspapers, the antagonism between China and Japan is growing daily in importance. Two parties representing these Governments respectively, are said to have been formed in China; and it is safe to predict, that at no distant day, it will become the battlefield of the two nations. From this same sources I learn, that the French Admiral has secretly dispatched a vessel to the coast of Corea, which will probably be followed by vessels of war of other nations, as it seems to be a fixed idea here in the East, that Corea is about to be opened.

I am,
With great respect,
Your obedient servant
RW Shufeldt
Commodore U.S.N.

No. 4

The United States of America and the Kingdom of Chosen, being sincerely desirous of establishing permanent relations of amity and friendship between their respective peoples have to this end appointed, that is to say, the President of the United States, as his Commissioner Plenipotentiary, and his Majesty, the King of Chosen, as his Commissioner Plenipotentiary, who, having reciprocally examined their respective Powers, which have been found to be in due form, have agreed upon the several following Articles.

Article I.
There shall be perpetual peace and friendship between the President of the United States and the King of Chosen and the citizens and subjects of their respective governments. If other Powers deal unjustly or oppressively with either Government, the other will exert their good offices, on being informed of the case, to bring about an amicable arrangement, thus showing their friendly feelings.

Article II.
After the conclusion of the Treaty of amity and commerce, the High Contracting Powers may each appoint Diplomatic Representatives to reside at the Court of the other, and may each appoint Consular Representatives at the ports of the other which are open to foreign commerce, at their own convenience.
These officials shall have relations with the local authorities of equal rank, upon a basis of mutual equality.
The Diplomatic and Consular Representatives of the two Governments shall mutually all the privileges, rights, and immunities, without discrimination, which are accorded to the same classes of Representatives from the most favored nation.
Consuls shall exercise their functions only on receipt of an exequatur from the Government to which they are accredited. Consular authorities shall be bona-fide officials. 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 Consular functions, or the provisions of the Treaty may in such cases, be enforced by the local authorities.
If Consular Representatives of the United States in Chosen conduct their business in an improper manner, their exequaturs may be revoked subject to the approval previously obtained of the Diplomatic Representative of the United States.

Article III.
Whenever United States vessels either because of stress of weather, or by want of fuel or provisions cannot reach the nearest open port 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 being defrayed by the ships master. In such event the officers and people of the locality shall display their sympathy by rendering full assistance, and their liberality by furnishing the necessities required.
If a vessel of the United States carries on a clandestine trade at a port not open to foreign commerce such vessel with her cargo shall be seized and confiscated.
If a United States vessel be wrecked on the coast of Chosen, the local authorities on being informed of the occurrence, shall immediately render assistance to the crew, provide for their present necessities, and take the measures necessary for the salvage of the ship and the preservation of her cargo. They shall also bring the matter to the knowledge of the nearest Consular Representative of the United States in order that steps may be taken to send the crew home and to save the ship and cargo. The necessary expenses shall be defrayed either by the ship’s master or by the United States.

Article IV.
All citizens of the United States of American in Chosen, peaceably attending to their own affairs, shall receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of the Government of Chosen 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 arrested and punished only by the law of Consul or other public functionary of the United States thereto authorized, according to the laws of the United States.
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 two Governments of the United States and Chosen, that such cases shall be tried by the proper official of the nationality of the defendant according to the laws of that nation. The properly authorized official shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all the 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.
It is however mutually agreed and understood between the High Contracting Powers, that whenever the King of Chosen shall have so far modified and reformed the statutes and judicial procedure of his Kingdom that, in the judgment of the United States, they conform to the laws and course of justice in the United States, the right of exterritorial jurisdiction over United States citizens in chosen shall be abandoned, and thereafter United States citizens, where within the bounds of the Kingdom of Chosen, shall 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 duties and tonnage dues and all fees according to the Customs Regulations of the United States, but no higher or other rates of duties and tonnage dues shall be exacted of them, than are levied upon citizens of the United States or upon citizens or subjects of the most favored nation.
Merchants and merchant vessels of the United States visiting Chosen for purposes of traffic shall pay duties upon all merchandise imported and exported. The authority to levy duties is of right vested in the Government of Chosen. The tariff of duties upon exports and imports, together with the Customs Regulations for the prevention of smuggling and other irregularities will be fixed by the authorities of Chosen and communicated to the proper officials of the United States, to be by the latter notified to their citizens and duly observed.
It is however agreed in the first instance as a general measure, that the tariff upon such imports as are articles of daily use shall not exceed an ad valorem duty of ten per centum; that the tariff upon such imports as are luxuries, as for instance foreign wines, foreign tobacco, clocks and watches, shall not exceed an ad valorem duty of thirty per centum; and that native produce exported shall pay a duty not to exceed five per centum ad valorem. And it is further agreed that the duty upon foreign imports shall be paid once for all at the port of entry, and that no other dues, duties, fees, taxes, or charges of any sort, shall be levied upon such imports either in the interior of Chosen or at the ports.
United States merchant vessels entering the ports of Chosen shall pay tonnage dues at the rate of five mace per ton, payable once in three months on each vessel, according to the Chinese calendar.

Article VI.
Subjects of Chosen who may visit the United States shall be permitted to reside and to rent premises, purchase land, or to construct residences or warehouses in all parts of the country. They shall be freely permitted to pursue their various callings and avocations, and to traffic in all merchandise, raw and manufactured that is not declared contraband by law.
Citizens of the United States who may resort to the ports of Chosen which are open to foreign commerce shall be permitted to reside at such open ports within the limits of the concessions and to lease buildings or land, or to construct residences or warehouses therein. They shall be freely permitted to pursue their various callings and avocations within the limits of the port, and to traffic in all merchandise, raw and manufactured that is not declared contraband by law.
No coercion or intimidation in the acquisition of land or buildings shall be permitted, and the land sent as fixed by authorities of Chosen shall be paid. And it is expressly agreed that land as acquired in the open ports of Chosen still remains an integral part of the Kingdom, and that all rights of jurisdiction over persons and property within such areas remain vested in the authorities of Chosen, except in so far as such rights have been expressly relinquished by this Treaty.
American citizens are not permitted either to transport foreign imports to the interior for sale, or to proceed therein to purchase nature produce.
Nor are they permitted to transport nature produce from one open port to another open port.
Violations of this rule will subject such merchandise to confiscation and the merchant offending will be handed over to the Consular Authorities to be dealt with.

Article VII.
The Governments of the United States and of Chosen mutually agree and undertake that subjects of Chosen shall 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, to transport it from one open port to another open port, or to traffic in it Chosen. This absolute prohibition which extends to the vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, and to vessels owned by the citizens of either Power and employed by other persons for the transportation of opium, shall be enforced by proper legislation on the part of the United States and of Chosen, and offenders against it shall be severely punished.

Article VIII.
Whenever the Government of Chosen shall have reason to apprehend a scarcity of food within the limits of the Kingdom, His Majesty may by decree, temporarily prohibit the export of all breadstuffs, and such Decree shall be binding on all citizens of the United States in Chosen upon due notice having been given them by the Authorities of Chosen through the proper officers of the United States.
Chosen having of old prohibited the exportation of red ginseng if citizens of the United States clandestinely purchase it for export, it shall be confiscated and the offenders punished.

Article IX.
The purchase of cannon, small arms, swords, gunpowder, shot, and all munitions of war is permitted only to officials of the Government of Chosen, and they may be imported by citizens of the United States only under a written permit from the authorities of Chosen. If these articles are clandestinely imported they shall be confiscated, and the offending parties shall be punished.

Article X.
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, however, subjects of Chosen, guilty of violations of the laws of the Kingdom, or against whom any action has been brought, conceal themselves in the residences or warehouses of United States citizens, or on board United States merchant vessels, the Consular Authorities of the United States, on being notified of the fact by the local authorities will either permit the latter to dispatch constables to make the arrests, or the persons will be arrested by the Consular Authorities and handed over to the local constables.
Officials or citizens of the United States shall not harbor such persons.

Article XI.
Students of either nationality who may proceed to the country of the other in order to study the language, literature, land or arts, shall be given all possible protection and assistance in evidence of cordial good will.

Article XII.
This, being the first Treaty negotiated by Chosen, and hence being general and incomplete, in its provisions, shall in the first instance be put into operation in all things stipulated herein. As to stipulations not contained herein, after an interval 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 XIII.
This Treaty and future official correspondence between the two contracting Governments shall be made, on the part of Chosen, in the Chinese language.
The United States shall either use the Chinese Language, or, if English be used it shall be accompanied with a Chinese version, in order to avoid misunderstanding.

Article XIV.
The High Contracting Powers hereby agree that, should at any time the King of Chosen grant to any nation or to the merchants or citizen 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 freely insure to the benefit of the United States, its public officers, merchants, and citizens; provided always that whenever such right, privilege or favor is accompanied by any condition, or equivalent concession granted by the other nation interested, the United States, its officers, and people shall only be entitled to the benefit of each right, privilege or favor, upon complying with the conditions or concessions connected therewith.
In faith whereof the respective Commissioners Plenipotentiary have signed and sealed the forgoing 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, and immediately thereafter this Treaty shall be in all its provisions publicly proclaimed and made known by both Governments in their respective countries in order that it may be obeyed by their citizens and subjects respectively.

Chosen
A.D.　1882

Draft No. 4 and Final of Treaty between The United States and The Kingdom of Chosen.
Tientsin.
April 11th 1882