Sir H.S. Parkes to Earl Granville.-(Received July 25)

(No. 108 Confidential)
Tokio, June 22, 1883

My Lord,

IN my despatch No. 98 of the 10th instant I proposed to forward to your Lordship a draft of a Treaty showing the terms which I consider we should endeavour to obtain from Corea in place of these secured by Admiral Willes, and in fulfilment of this proposal I now beg to inclose drafts of a Treaty, Regulations of Trade, and a Tariff, which compose together an instrument.
I venture to adopt this form of submitting my suggestions to your Lordship because it enables me to state them with greater clearness and precision than I could do if I gave them in a general shape. In framing them I have been impressed by the desirability of adhering as closely as possible to the terms of Admiral Willes’ Treaty, and if what I conceive to be its deficiencies would admit of being remedied by Additional Articles on a supplementary Treaty, I should greatly have preferred to recommend that course. But the alterations I have to recommend in respect to jurisdiction, the conditions of residence of British subjects in Corea, the Tariff, Custom Rules, and other commercial rights and privileges are so material that it would be impossible to place these in a Supplementary Treaty without practically cancelling the first one, or creating occasion for a conflict of meaning between the two which it is most desirable to avoid. I have, however, endeavoured to observe simplicity and brevity, even at the cost, of some comission, and have thus confined my draft to the same number of Articles as those of Admiral Willes’ Treaty, but I have not been able to retain the same order in the subjects.
I now proceed to offer a few explanatory remarks upon the Articles of my draft.
In the preamble I have adopted a somewhat different wording to that of Admiral Willes, and have added “Empress of India” to Her Majesty’s titles.
Article I is made more comprehensive than that of Admiral Willes's Treaty, and is, I think, worded in terms which would be easier of execution.
Article II, which relates to Diplomatic and Consular Representatives, contains some additional stipulations to those of Admiral Willes’ Treaty. It provides that a Diplomatic Representative or a Consul-General may reside permanently or temporarily at the capital of either country, and that the Diplomatic or Consular functionaries shall enjoy the same facilities for communication with authorities of the country where they reside and the same privileges and immunities as are enjoyed by Diplomatic or Consular functionaries in other countries. The stipulation in Admiral Willes’ Treaty that the latter should correspond with local authorities of equal rank might lead to inconveniences which have been noticed by the Hong Kong Chamber of Commerce in their Memorial to your Lordship of the 20th January last. It also secures to those functionaries the right of free travel in the interior (which has been obtained by the Japanese Government under their Convention of the 30th August, 1882), and provides for the validity of Acting Consular appointments.
Article III deals with the next most important subject, that of jurisdictions, which is mainly treated of in Article IV of Admiral Willes’ Treaty, but in a manner which confines within narrow limits the jurisdiction which it is eminently desirable Her Majesty’s officers should be able to exercise over British subjects in Corea. By Articles III, V, VI, and IX of the same Treaty jurisdiction in all matters relating to Customs Regulations and confiscations, and also to the persons and property of British subjects within the foreign settlements, is confided to the inexperienced Corean authorities. Article III of my draft would remove these undesirable conditions, which have not yet been conceded to China and Japan. It would place every British subject when a defendant in any civil or criminal case, or when charged with a breach of the Treaty, or of any Regulations made under its provisions, completely under the jurisdiction of his own authorities, and it also provides for a satisfactory procedure, similar to that which is now in force in Japan, in the case of goods that may be seized by the Corean authorities. It likewise inferentially vests entire jurisdiction in the British authorities in non-contentious cases such as probate or intestacy.
Article IV relates to the conditions of residence at the ports to be opened to British trade, which I presume will be the three named in the Protocol to Admiral Willes’ Treaty, but to which I have given the Corean pronunciation of Chemulpho (Jinchuen), Pusan (Fusan), and Wonsan (Gensan). I have also inserted Yang-hwa-chin, which is to be opened to Japanese trade next year under the Convention of the 30th August, 1882, and the capital, Hanyang (or Soul), to which Chinese traders have acquired access by the Regulations of Trade recently negotiated at Tien-tsin. I should add, however, that I at present entertain material doubts as to the desirability of stipulating that our merchants should reside in the capital, as it would be far more difficult to protect them there than at Yang-hwa-chin, which is distant only 4 miles from that city, and therefore near enough for purposes of trade. There exists some question at to whether Yang hwa-chin or another place in its immediate vicinity would be the most desirable place of trade on the Hangang River, and I have therefore provided for this possible change of locality.
In clause 2 of this Article I have provided for the purchase of land by British subjects, and if the Corean Government should object to this stipulation, they might be willing to agree to “perpetual leases,” which are in force in China and Japan. I have provided that land should be obtained either by official intervention or by private arrangement between the parties concerned, as may be found most desirable, and that on land thus acquired British subjects may build, not only residences and warehouses, which are alone named in Admiral Willes’ Treaty, but also factories-in view of a recent difficulty which has occurred in China-and schools, hospitals, and places of worship, which would meet all the reasonable requirements of missionaries.
Clause 4 of the same Article, which is taken literally from the British Treaty with China (Tien-tsin, 1858), would give British subjects the same right of travel and trade in the interior of Corea as they enjoy in China, and the latter Power has also secured this right for her subjects in Corea by the recent Regulations of Trade. But I insert this Article rather with a view to facilitate, by withdrawing it, the attainment of the other new conditions contained in this draft, and also the ultimate acquirement of the stipulation itself. The Corean Government would certainly oppose its insertion at this date, and, as far as I can at present judge, I doubt whether it would be prudent, in the existing state of Corea, to allow British subjects to penetrate the interior for purposes of trade. Mr. Aston was informed that the Corean Government were pressing the Chinese Government to relinquish this privilege, and had already received a promise from the Viceroy, Li Hung-chang, that it would be surrendered. But, in return for the abandonment at this date of such a proposal on our part, the Corean Government might be induced to engage that, at some future time-possibly in the course of five or ten years ―they would allow British subjects to trade in the interior, when the condition of the country and the feelings of the people towards foreigners admitted of the privilege being safely exercised.
Clause 6 would be particularly valuable, not only as giving the British authorities in Corea a voice in the Regulations under which the future Settlements will be governed, but also at conferring power on those authorities to enforce the observance of such Regulations by British subjects.
Article V will secure to British subjects the fullest liberty of trade at each of the ports open to foreign commerce, without interference on the part of Corean officials or any other persons, such as licensed or self-constituted monopolists, on payment of the duties named in the Tariff annexed to the draft, which are very much lower than the rates named in Article V of Admiral Willes’ Treaty, but to which (as is stipulated in that Treaty) no other taxes, excise, or transit duty may be added. It provides for drawbacks of such duties being granted on re-exported goods, and for the payment of half-duty only on Corean goods carried between Corean open ports. It proposes such moderate tonnage dues as the probable scant and common quality of the freights of Corean trade will bear (instead of the prohibitory rates of Admiral Willes’ Treaty), and it meets the wishes of the Corean Government in regard to the prohibitions they desire to place upon the importation of opium and munitions of war, and on the exportation of red ginseng and grain, without singling out the first-named article for special denunciatory interdiction. The Regulations of Trade attached to this draft provide for the confiscation of prohibited goods (section 3, clause 4), and I know of no more effective means for preventing, in any country the importation of such goods. Few would fail to sympathize with any honest effort of the Corean Government to protect their people against the evils of the misuse of opium, and I submit that this clear but undiscriminating form of prohibition will effectually enable them to do so. The parties who may endeavour to evade it are far more likely to be Chinese than British subjects or any other foreigners.
By the 8th clause of this Article power is given to the British authorities to make, in conjunction with the Corean Government, such Trade, Customs, and Harbour Regulations as may be required to secure the observance of the provisions of the Treaty, I hesitate to say, as in the Japan Treaties, “the Trade Regulations annexed to this Treaty,” as it is particularly desirable that full liberty and warrant should be secured to the British authorities, acting in conjunction with the Corean Government, to make and modify such Regulations from time to time as may be found necessary.
Article VI deals with smuggling at non-opened Corean ports, which appears to me to be a subject of sufficient importance to be treated apart from an Article relating to regular trade. It is referred to in the second clause of Article III of Admiral Willes. Treaty relating to shipwreck, but that clause, taken in connection with Article VI of the same Treaty, would give the power to the Corean Government of confiscating any vessel, together with her whole cargo, which may be concerned, in however limited a degree, in clandestine trade. The attempt of a single individual on board such a vessel to trade clandestinely with the shore might thus entail the sequestration of the ship and all her freight. I have therefore, in my draft, confined the consequences of such an illegal act to the Person committing or attempting to commit it, and to the particular goods concerned in the offence or the attempt, and I have provided, in additions, the penalty of imprisonment not exeeding twelve months, with or without a fine not exceeding 1,000 dollars, or a fine not exeeding that amount without imprisonment, combined with the obviously necessary condition that all such cases shall be tried and adjudicated by the proper British judicial authority.
In Article VII, which relates to shipwreck, I have amplified Admiral Willes’ Article III, and included in it the details of the arrangement, which I made, under the instructions of The Earl of Derby, with Japan, and reported in my despatch No. 90 of the 19th June, 1877. Although these details form a long Article, it will serve to enable the Corean Government to clearly understand the respective obligations in regard to shipwreck expenses which should be borne by the British Government and by themselves, and will secure a complete understanding on this subject, which, considering the dangerous and unknown nature of the Corean coasts, can scarcely be too soon secured.
Articles VIII and IX contain the stipulations which appear in the Protocol attached to Admiral Willes’ Treaty relative to ship of war and surveying vessels, with the additional provision that such vessels shall be free to visit all Corean ports, and shall not be liable to the payment of duties or port charges of any kind.
In Article X I have provided for the right to store at the open ports of Corea naval supplies, which, of course, would include coal.
Article XI will secure the employment of Coreans by British subjects in any lawful capacity, while it repeats the provision as to students which forms Article XI of Admiral Willes’ Treaty.
Article XII is the favoured-nation clause. The wording of my draft differs materially from that of the corresponding Article (XII) in Admiral Willes’ Treaty in respect of the omission of the conditional portion of that Article, and in rendering it retrospective and also reciprocal, which the Corean Government will probably tenaciously claim. The negotiator of a new British Treaty with Corea would feel the need of receiving special instructions on this subject from your Lordship.
Article XIII provides that of the three languages―English, Chinese, and Corean in which it is proposed that this Treaty should be written, the English version shall be considered the original text.
Article XIV provides for the revision of this Treaty and Tariff by mutual consent in ten years. But, if circumstances should not admit of a complete or fully satisfactory Tariff being arranged at once, it might be desirable to stipulate that the Tariff should be revised at an earlier date.
Article XV provides for the exchange of ratifications as soon as possible, or within such time as may be named; also for the due publication of the Treaty by both Governments, and for its coming into operation on the day on which the exchange of ratifications shall take place.
Owing to want of time, I refrain on this occasion from referring in detail to the Trade Regulations attached to my draft, but I trust your Lordship will find that they carry with them their own explanation, and compare favourably with those drafted by M. von Möllendorff, which I criticized in my despatch No. 98 of the 10th instant.
For the same reason, I am obliged to pass without remark the Tariff which I also annex to my draft, and in which I am only able to give ad valorem rates, as I cannot tell under what denomination-whether of coin or bullion-the Corean Government may desire to specify their customs duties. The only existing indigenous coin, namely, the copper cash, would be manifestly unsuited to the purpose, and they will have to elect, therefore, between taking silver by weight, as is done in China, or accepting as their standard a well-known foreign coin, such as the Mexican dollar, which I am at present disposed to think would be a very desirable alternative.
I may, however, mention that this is practically a 7½ per cent. Tariff, as the first item in section 3, namely, “textile fabrics of all kinds, excepting fabrics wholly of silk,” would include all British cotton and woollen manufactures, and would probably embrace seven-or possibly as much as eight-tenths of the future foreign Corean trade. Section 2 would secure the importation of all raw materials and metals, the trade in which may gradually admit of considerable development, at the lower rate of 5 per cent., while the articles classed under the higher rates of 10 and 20 per cent. would only be imported to a trifling amount, on account of the inability of the Coreans to purchase extensively such valuable commodities.
It remains for me to add that I do not presume to regard as complete the draft Treaty which I now venture to submit to your Lordship’s consideration. I have drafted it since I wrote my despatch No. 98 of the 10th instant, with the effective aid of Mr. Aston, but under pressure of time, and obviously without full knowledge of the views which may be taken by the Corean Government on the various conditions which are not contained in the Treaty of Admiral Willes. It meets, however, all the objections to that Treaty which have been taken, as far as I am informed, by the various Chambers of Commerce who have addressed your Lordship on the subject, and I have the satisfaction of knowing that the provisions relating to jurisdiction are approved by Mr. Hannen, the judge of Her Majesty’s Court for Japan. To make those provisions enforceable on British subjects in Corea it will be sufficient, I suppose, to extend to that country the operation of the existing China and Japan Orders in Council.
The signing of the present British Treaty with Corea appears to me to render it incumbent on Her Majesty’s Government -if they decline to ratify that Treaty, as I trust they will, in view of the prejudice it is likely to occasion to our large interests in China and Japan -to open fresh negotiations with that of Corea before the extended time named for the exchange of the ratifications shall expire; and the only object I have had in view in framing the drafts which I now beg to inclose is to offer in a convenient and available form the suggestions as to such negotiations which your Lordship may expect to receive from an Agent who possesses some local knowledge and experience of the subject.

I have, &c.
(Signed) HARRY S. PARKES

Inclosure 1

Draft of proposed Treaty with Corea.

References. Draft of Treaty.

Preamble to Admiral Willes’ Treaty.

Proclamation of the 28th April, 1876, with Foreign Office Circular of the 26th May, 1876, instructing Her Majesty’s Diplomatic Representatives to notify same to foreign Governments. Also Treaty with Portugal relating to Indian Possessions and draft Convention with Siam of the 11th August, 1880.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the King of Corea, being sincerely desirous of establishing permanent relations of friendship and commerce between their respective dominions, have resolved to conclude a Treaty for that purpose, and have therefore named as their resolved Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India,

His Majesty the King of Corea,

who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles:-

Admiral Willes’ Treaty. Article I.

Treaty of Paris of the 30th March, 1856. British Treaty with Japan of the 26th August, 1858. Article I.

British Treaty with China, Nanking, of the 29th August, 1842.

ARTICLE I

1. There shall be perpetual peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, her heirs and successors, and His Majesty the King of Corea, his heirs and successors, and between their respective dominions and subjects who shall enjoy full security and protection for their persons and property within in the dominions of the other.

Admiral Willes’ Treaty. Article I.
United States’ Treaty with Japan of the 29th July, 1858. Article II.

2. In the case of differences arising between one of the High Contracting Parties and a third Power, the other High Contracting Party, if requested to do so, shall exert its good offices to bring about an amicable arrangement.

Admiral Willes’ Treaty. Article II.
Chefoo Agreement of 1876. Section 2, clause 1.

ARTICLE II

1. The High Contracting Parties may each appoint a Diplomatic Representative or Consul-General to reside permanently or temporarily at the capital of the other, and may appoint Consuls or Vice-Consuls to reside at any or all of the ports of the other which are open to foreign commerce.
They shall freely enjoy the same facilities for communication personally or in writing with the authorities of the country where they reside, and all other privileges and immunities as are enjoyed by Diplomatic or Consular functionaries in other countries.

Japanese Supplementary Convention with Corea of the 30th August, 1882. Article II.

2. The Diplomatic Representative, Consul-General, Consuls, and Vice-Consuls of either Power, with their families and the members of their official establishments, shall have the right to travel freely in any part of the dominions of the other, and the Corea, and shall provide such escort for their protection as may be necessary.

Admiral Willes’ Treaty. Article II.

3. Consuls General, Consuls, or Vice-Consuls shall exercise their functions on receipt of an exequatur from the sovereign of the country where they reside, or, in the case of temporary appointments, with the sanction of the Corean Government. They shall be bondfide officials, and shall not engage in trade.

Admiral Willes’ Treaty. Article IV.
Chefoo Agreement of 1876. Section 2, clauses 2 and 3.
Austro-Hungarian Treaty with Japan, 1869. Article V.

ARTICLE III

1. Jurisdiction over the persons and property of British subjects in Corea shall be vested exclusively in the duly authorized British judicial authorities.
2. If a Corean subject has a complaint against a British subject in Corea, the case shall be heard and decided by the British judicial authorities.
3. If a British subject in Corea has a complaint against a Corean subject, the case shall be heard and decided by the Corean authorities.
4. A British subject who commits any offence in Corea shall be tried and punished by the British judicial authorities according to the laws of Great Britain.
5. A Corean subject who commits in Corea any offence against British subjects shall be tried and punished by the Corean authorities according th the laws of Corea.

Austro-Hungarian Treaty with Japan. Article VII.

6. Any complaint against a British subject involving a penalty or confiscation by reason of any breach of this Treaty or of any Regulations made by virtue of its provisions, shall be brought before the British judicial authorities for decision, and any penalty imposed and all property confiscated in such cases shall belong to the Corean Government.
7. Goods which are seized by the Corean authorities shall be put under the seals of the Corean and the British Consular authorities, and shall be detained by the former until the British judicial authorities have given their decision. If this decision is in favour of the owner of the goods they shall be immediately placed at the Consul’s disposal. In the case of perishable goods, the owner shall be allowed to receive them at once on depositing their value with the Corean authorities pending the decision of the British judicial authorities.

Admiral Willes’ Treaty. Article IV.

8. In all cases, whether civil or criminal, tried either in Corean or British Courts in Corea, a properly authorized official of the nationality of the plaintiff or prosecutor shall be allowed to attend the hearing, and shall be treated with the courtesy due to his position. He or the plaintiff or the prosecutor shall be allowed to call and cross-examine witnesses, and to protest against the proceedings in case he is dissatisfied with them.

Admiral Willes’ Treaty. Article X.

9. If a Corean subject who is charged with an offence against the laws of his country takes refuge on premises owned by a British subject, or on board a British merchant-vessel, the British Consular authorities, on receiving an application from the Corean authorities, shall take steps to have such person arrested and handed over to them for trial.

Admiral Willes’ Treaty. Article IV.

10. As soon as, in the judgment of the British Government, the Corean laws and judicial procedure have become so far modified as to obviate the objections which now exist to British subjects being made amenable to Corean jurisdiction, the right of extra-territorial jurisdiction, granted by this Treaty, shall be relinquished, and thereafter British subjects in Corea shall be subject to the jurisdiction of the Corean authorities.

Admiral Willes’ Protocol. June 3, 1882. Clause 1.
Chinese Regulations for Trade with Corea. Article IV.
Japanese Supplementary Convention with Corea the 30th August, 1882. Clause1.

ARTICLE IV

1. The ports and towns of Chemulpho, Pusan, and Wönsan, with the city of Han-yang and the town of Yang hwa chin, or such other place on the Hangang river as may be deemed desirable, shall from the day on which Treaty comes into operation be opened to British commerce.

Admiral Willes’ Treaty. Article VI.
All Treaties between foreign Powers and China and Japan.
Japanese Supplementary Treaty with Corea, 1876. Article III.

2. At the above-named places British subjects shall have the right to lease or purchase land or houses, to erect dwellings, warehouses, factories, schools, hospitals, and places of worship, and to permanently reside. Land so acquired by British subjects shall be liable to the payment of the same land tax to the Corean Government as is levied on other ground in the vicinity. The rent or price payable to the owners of the land shall be determined by mutual arrangement between the British Consular and Corean local authorities, when this is judged desirable, or they may leave it to the parties concerned to arrange the terms for themselves without any official interference.

British Treaty with Japan, 1858. Article III.
Japanese Supplementary Convention with Corea of 1882. Clause 1.

3. The limits within when British subjects will be allowed to reside at the above-named places shall be determined by the British Consular authorities, in conjunction with the Corean local authorities.
British subjects shall be free to go where they please, without passports, within a distance of 100 Corean li from of these places.

British Treaty with China, Tien-tsin, 1858. Article IX.
Chinese Regulations for Trade with Corea. Article IV.

4. British subjects are, however, authorized to travel for pleasure or for purposes of trade to all parts of the interior, under passports which will be issued by their Consuls, and countersigned or sealed by the Corean local authorities. These passports, if demanded, must be produced for examination in the districts passed through. If the passport be not irregular the bearer will be allowed to proceed, and no opposition shall be offered to his procuring such means of transport as he may require. If he be without a passport, or if commit any offence against the law, he shall be handed over to the nearest Consul for punishment, but he must not be subjected to any ill-usage in excess of necessary restraint. The provisions of this clause do not apply to seamen, for the due restraint of whom Regulations will be drawn up by the British authorities.

Supplementary Treaty between Japan and Corea of the 24th August, 1876. Article VI.
Practice at all open ports in Japan except Nagasaki.

5. The Corean authorities will set apart, free of cost, at each of the places open to trade, a suitable piece of ground as a foreign cemetery, upon which no rent, land tax, or other charges shall be payable, and the management of which shall be left to the foreign Consuls.

General practice in China and Japan.

6. The British Diplomatic Representative, in conjunction with the Corean Government , will make such Land, Municipal, and Police Regulations as may become necessary for the peace, order, and good government of British subjects in Corea.

Admiral Willes’ Treaty, Article V.
British Treaty with Japan, Article XIV.
French Treaty with China, Tien-tsin, 1858. Article VII.

ARTICLE V

1. At each of the places open to foreign trade British subjects shall be at full liberty to import from any foreign port or any Corean open port to sell to or buy from any Corean subjects or others, and to export to any foreign or Corean open port all kinds of merchandize not prohibited by this Treaty on paying the duties of the Tariff annexed hereto.
They may freely transact their business with Corean subjects or others without the interference of Corean officials or other persons, and they may freely engage in any industrial occupation.

Draft Regulations of Trade proposed by Corea to Japan, forwarded in Sir H.S. Parkes’ despatch No. 91 of the 31st May, 1883. Article IV, clause 6.
All Treaties with China.

2. The owners of all goods imported from any foreign port upon which the duty of the Tariff shall have been paid shall be entitled, on re-exporting the same to any foreign or any Corean open port at any time within twenty-four months of the date of importation, to receive a drawback certificate for the amount of such import duty. These drawback certificates shall either be paid by the Corean Customs on demand, or they shall be received in payment of duty at any Corean open port.

Draft Trade Regulations proposed by Corea to Japan. Article V, clause 2.

3. Half the duty paid on Corean goods when carried from one Corean open port to another shall be refunded on arrival at the port of destination.

British Treaty with Japan of 1858. Article XVI.
Admiral Willes’ Treaty. Article V.

4. All goods imported into Corea by British subjects, and on which the duty of the Tariff annexed to this Treaty shall have been paid, will not be subject to any additional tax, excise, or transit duty whatsoever, either at the open ports or in the interior of the kingdom.

Admiral Willes’ Treaty. Article VII, VIII, and IX.

5. The importation of opium, arms, and all munitions of war, and the exportation of red ginseng is prohibited, except under the express authority of the Corean Government.

Admiral Willes’ Treaty. Article VIII.

6. Whenever the Government of Corea shall have reason to apprehend a scarcity of food within the kingdom, His Majesty the King of Corea may, by Decree, temporarily prohibit the exportation of grain to foreign countries from any or all of the Corean open ports, and such prohibition shall become binding on British subjects in Corea on the expiration of one month from the date on which it shall have been officially communicated by the Corean authorities to the British Consul at the port or ports concerned, but shall not remain longer in force than is absolutely necessary.

Admiral Willes’ Treaty. Article V, last paragraph.
Draft Regulations of Trade proposed by Corea to Japan, Article IV, clause 1.
Japanese Regulations of Trade in Corea of the 24th August, 1876.
Rules of Trade, signed at Shanghae, 8th November, 1858, by Lord Elgin.
Rule X, 2nd paragraph.

7. All British ships of more than 200 tons register shall pay tonnage dues at the rate of 20 cents (Mexican) per ton; and of 200 tons register, or under, at the rate of 10 cents (Mexican) per ton. One such payment will entitle a vessel to visit any or all of the open ports in Corea during a period of three months without further charge. All tonnage dues shall be appropriated for the purposes of erecting lighthouses and beacons, and placing buoys on the Corean coasts, more especially approaches to the open ports, in deepening or otherwise improving the anchorages for foreign vessels and in providing facilities for the landing and shipment of cargo.

Admiral Willes’ Treaty. Paragraph 2.
British Treaty with Japan of 1858. Article III, paragraph 5.
Japanese Treaty with Corea of the 26th February, 1876.
Japanese Supplementary Treaty with Corea of the 24th August, 1876.

8. The Diplomatic Representative of Her Britannic Majesty’s Government in Corea, in conjunction with the Corean Government, shall make such Trade, Customs, and Harbour Regulations as may be required to carry into effect and secure the observance of the provisions of this Treaty. The said Regulations may be modified from time to time by the British Diplomatic Representative in conjunction with the Corean Government.

Admiral Willes’ Treaty. Article III, paragraph 2.
Regulations of British Trade in Japan.
Article II, paragraph 5.
Regulations of Japanese Trade in Corea.
Article IX.

ARTICLE VI

Any British subject who smuggles, or attempts to smuggle, goods into any port or place not opened to foreign trade, shall be liable to imprisonment for a term not exceeding twelve months, with or without a fine not exceeding 1,000 dollars, or to a fine not exceeding that amount without imprisonment; and all such goods, together with the boats employed in transporting the same, shall be liable to confiscation. The Corean local authorities may seize such goods and boats, and may arrest any person concerned in such smuggling, or attempt to smuggle, and shall immediately forward the persons so arrested to the nearest British Consul, for trial by the proper British judicial authorities, and if necessary, shall detain such goods or boats until the case shall have been finally adjudicated.

Admiral Willes’ Treaty. Article III.
Austro-Hungarian Treaty with Japan. Article XVIII.

ARTICLE VII

1. If a British ship be wrecked or stranded on the coast of Corea, the local authorities shall immediately take steps to protect the wreck and all persons on board from plunder and ill-treatment, and to render such other assistance as may be required. They shall at once inform the nearest British Consul of the occurrence, and shall furnish the shipwrecked persons, if necessary, with means of conveyance to the nearest British Consular station. The Consul shall have the right to proceed to the scene of the wreck.

Vide shipwreck Conventions between Great Britain and other Powers.

2. All expenses incurred by the Government of Corea for the rescue, clothing, maintenance, and travelling of shipwrecked British subjects, for the recovery of the bodies of the drowned, for the medical treatment of the sick and injured, and for the burial of the dead, shall be repaid to the Corean Government by the Government of Her Britannic Majesty.

3. But the British Government shall not be responsible for the repayment of the expenses incurred in the recovery of preservation of a wrecked vessel or the property on board. All such expenses shall be a charge upon the property saved, and shall be paid by the parties interested therein upon receiving delivery of the same.

4. No charge shall be made by the Government of Corea for the expenses of the Government officers, police or local functionaries, who shall proceed to the wreck, for the travelling expenses of officers escorting the shipwrecked men, nor for the expenses of official correspondence. Such expenses shall be born by the Corean Government.

Admiral Willes’ Treaty. Article III.

5. Whenever British ships are compelled, by stress of weather or by want of fuel or provisions, to enter an unopened port in Corea, they shall be allowed to execute necessary repairs, and to obtain wood, coal, and other supplies. All such expenses shall be defrayed by the master of the vessel.

Admiral Willes’ Protocol. Article II.
Peruvian Treaty with China of the 26th June, 1874. Article X.

ARTICLE VIII

The ships of war of each country respectively shall be at liberty to visit all the ports of the other, They shall enjoy every facility for procuring supplies of all kinds, or for making necessary repairs, and shall not be liable to the payment of duties or port charges of any kind.

Admiral Willes’ Protocol. Article III.
Japanese Treaty with Corea of the 26th February, 1876. Article VII.

ARTICLE IX

The coasts of Corea, being hitherto imperfectly surveyed, are dangerous to vessels approaching them, and in order to prepare charts showing the position of islands, rocks, and reefs, as well as the depth of water, vessels of the British Government may survey the said coasts.

British Treaty with Japan of 1858. Article XI.

ARTICLE X

Supplies of all kinds, for the use of the British navy, may be landed at the open ports of Corea, and stored in the custody of a British officer without the payment of any duty. But if any such supplies are sold, the purchaser shall pay the proper duty to the Corean authorities.

Vice Admiral Willes’ Treaty. Article X, paragraph 1.
Supplementary Treaty between Japan and Corea of the 24th August, 1876. Article V.
Austro-Hungarian Treaty with Japan. Article XV.

ARTICLE XI

1. British subjects in Corea shall be allowed to employ Corean subjects as interpreters, teachers, or servants, or in any other lawful capacity, without interference from the Corean authorities, and no restrictions shall be placed upon the employment of British subjects by Corean subjects in any capacity.

Admiral Willes’ Treaty. Article XI.

2. Subjects of either nationality who may proceed to the country of the other to study its language, literature, laws, arts, or industries shall be afforded every reasonable facility for doing so.

Admiral Willes’ Treaty. Article XIV.
All Treaties with China and Japan.

ARTICLE XII

1. It is hereby stipulated that the Government, public officers, and subjects of Her Britannic Majesty shall, from the day on which this Treaty comes into operation, participate in all privileges, immunities, and advantages which shall then have been granted or may thereafter be granted by His Majesty the King of Corea to the Government, public officers, or subjects of any other Power.

2. In like manner the Government, public officers, and subjects of the King of Corea shall participate in all the privileges, immunities, and advantages which shall then or which may thereafter be granted within Her Majesty’s dominions to the Government, public officers, or subjects of any other Power.

Peruvian Treaty with China of 1874. Article XVII.
Austro-Hungarian Treaty with Japan of 1869. Article XXIII.
Danish Treaty with China of 1863. Article I.
British Treaty with China of 1858. Article I.

ARTICLE XIII

This Treaty is drawn up in the English, Chinese, and Corean languages, all of which versions have the same meaning, but in order to prevent dispute as to interpretation it is hereby agreed that, as English is the European language best known in Eastern Asia, the English text shall be considered as the original.

Admiral Willes’ Treaty. Article XII.
British Treaty with Japan of 1858. Article XXII.

ARTICLE XIV

Ten years from the date on which this Treaty shall come into operation, either of the High Contracting Parties may, on giving one year's previous notice to the other, demand a revision of the Treaty or of the Tariff annexed thereto, with a view to the insertion therein by mutual consent of such modifications as experience shall prove to be desirable.

ARTICLE XV

The present Treaty shall be ratified by Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and by His Majesty the King of Corea, under their hands and seals. The ratifications shall be exchanged at Hanyang within months, or as soon as possible, and the Treaty, which shall be published by both Governments, shall come into operation on the day on which the exchange takes place.
In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have thereto affixed their seals.
Done in triplicate at (Hanyang), this day of, in the year 188, corresponding to the day of the month of the year of the Corean era.

Inclosure 2

Draft Regulations of Trade.

I.-Entrance and Clearance of Vessels

WITHIN forty-eight hours (Sundays excepted) after the arrival of a British ship in a Corean port, the master or agent shall deliver to the Corean Custom-house authorities the receipt of the British Consul showing that he has deposited all the ship’s papers at the British Consulate; and he shall then make an entry of his ship by handing in a written paper stating the name of the ship, of the port from which she comes, of her master, the names of her passengers, if any, her tonnage, and the number of her crew, which paper shall be certified by the master to be a true statement, and shall be signed by him. He shall at the same time deposit a written manifest of his cargo, setting forth the marks and numbers of the packages and their contents as they are described in the bills of landing, with the names of the persons to whom they are consigned, and shall sign his name to the same. When a vessel has been duly entered the Customs authorities will issue a permit to open hatches, which shall be exhibited to the Customs officer on board.
2. If any error is discovered in the manifest it may be corrected within twenty-four hours (Sundays excepted) of its being handed in without the payment of any fee, but for any alteration or post entry to the manifest made after that time a fee of 5 dollars shall be paid.
3. Any master who shall neglect to enter his vessel at the Corean Custom-house within the time fixed by this Regulation shall pay a penalty of 50 dollars for every day that he shall so neglect to enter his ship.
4. Any vessel which remains in port for less than two days (exclusive of Sundays), and does not open her hatches, also any vessel requiring only supplies or driven into port by stress of weather, shall not be required to enter or to pay tonnage dues so long as such vessel does not engage in trade.
5. The master of any vessel wishing to clear shall give twenty-four hours’ notice to the Customs authorities, who shall then return to the master the Consul’s receipt for the ship’s papers. The Consul shall not return the ship’s papers to the master of the vessel until the latter produces a clearance in due form the Customs authorities.
6. Should any ship leave the port without clearing outwards in the manner above prescribed, the master shall be liable to a penalty not exceeding dollars.
7. British mail-steamers may enter and clear on the same day, and they shall not be required to hand in a manifest except for such goods and passengers as are to be landed at that port.

II.-Landing and Shipping Cargo and Payment of Duties

1. The importer of any goods who desires to land them shall make and sign-an application to that effect at the custom-house, stating his own name, the name of the ship in which the goods have been imported, the marks, numbers, and contents of the packages and their values. The Custom-house authorities may demand the production of the original invoice of each consignment of merchandize, and if it is not produced, or its absence is not satisfactorily accounted for, the permit to land the goods may be refused.
2. After the duties have been paid, the Custom-house authorities shall issue a permit to land the goods.
3. All goods so entered may be examined by the Custom-house officers, and for this purpose the importer shall bring them to the Customs jetty for examination. On opening the package the Custom-house officers shall not injure the goods, nor shall they give any unnecessary annoyance. After examination they shall restore the goods to their original condition in the packages (so far as may be practicable), and such examinations shall be made without unreasonable delay.
4. Should the Customs authorities consider the value of any goods paying an ad valorem duty as declared by the importer or exporter insufficient, they shall call upon the importer or exporter to pay duty on the value determined by an appraisement to be made by the Customs appraiser; but should the importer or exporter be dissatisfied with that appraisement, he shall, within twenty-four hours, state his reasons for such dissatisfaction to the Superintendent of Customs, and shall appoint an appraiser of his own to make a re-appraisement. The Superintendent of Customs will then, at his option, either assess the duty on the value determined by this re-appraisement or will purchase the goods from the importer or exporter at the price thus determined, with the addition of 5 per cent. In the latter case the purchase-money shall be paid to the importer or exporter within ten days from the date on which he has declared the value determined by his own appraiser.
5. Upon all goods damaged on the voyage of importation, a fair reduction of duty shall be allowed proportionate to their deterioration. If any disputes arise as to the amount of such reduction, they shall be settled in the manner pointed out in the preceding clause.
6. All goods intended to be exported shall be entered at the Corean custom-house before they are shipped. The entry shall be in writing, and shall state the name of the ship by which the goods are to be exported, the marks and numbers of the packages, and the quantity, description, and value of the contents. The exporter shall certify, in writing, that the entry is a true account of all the goods contained therein, and shall sign his name thereto.
7. No goods shall be landed or shipped at other places than those fixed by the Corean Custom authorities, or between the hours of sunset and sunrise, or on holidays, without the special permission of the Custom-house authorities.
8. No entry shall be required in the case of the baggage of passengers, which may be landed or shipped at any time after examination by the Customs officers.

III.-Protection of the Revenue

1. The Corean Government shall have the right to place Custom-house officers on board any British merchant-vessel in their ports. All such Customs officers shall be treated with civility, and such reasonable accommodation shall be allotted to them as the ship affords.
2. The hatches, and all other places of entrance into that part of the ship where the cargo is stowed, may be secured by Corean officers between the hours of sunset and sunrise, and on holidays, by fixing seals, locks, or other fastenings; and if any person shall without due permission open any entrance that has been so secured, or shall break any seal, lock, or other fastening that has been affixed by the Corean Custom-house officers, not only the person so offending, but the master of the ship, shall be liable to a penalty not exceeding 100 dollars.
3. All goods shipped on board or discharged from a British ship, or attempted to be so shipped or discharged without having been duly entered at the custom-house in the manner above provided, shall be liable to confiscation at the discretion of the Court, or the Court may impose a fine not exceeding 500 dollars, with or without imprisonment for a term not exceeding three months, upon any British subject concerned in the said offence.
4. Packages which contain goods of a different description to those described in the import or export permit-application, and packages containing prohibited goods, shall be liable to confiscation.
5. Any person making a false or incomplete permit-application with the intent of defrauding the revenue of Corea shall be liable to a fine not exceeding dollars.
6. Any violation of any provision of these Regulations to which no penalty is specially attached herein may be punished by a fine not exceeding dollars.

IV.-Miscellaneous

1. Every British vessel arriving in a Corean port shall take up the berth indicated to her by the duly authorized Harbour-master.
2. Ballast must not be thrown overboard in the harbours or anchorages.
3. Vessels needing repairs may land their cargo for that purpose without the payment of duty. All goods so landed shall remain in charge of the Corean authorities, and all just charges for storage, labour, and supervision shall be paid thereon. But if any portion of such cargo be sold, the duties of the Tariff shall be paid on the portion so disposed of.
4. When cargo is to be transhipped from one vessel to another, an application for a transhipping-permit must be made to the Custom, and upon such permit being exhibited to the Customs officers on board the said vessels, the transhipment may be effected in accordance with such permit. No duty is payable on goods so transhipped.

V.-Ships of War

Ships of war shall not be subject to any of the above Regulations.

Inclosure 3

Draft Tariff

I.-Duty Free Goods

Animals, living, of all kinds.
Bullion, gold and silver, and copper, coined or un-coined.
Coal, coke, patent fuel, charcoal, and firewood.
Fresh fish, meat, and vegetables.
Grain, seeds, and pulse of all kinds.
Flour and meal of all kinds.
Bean-cake, oil-cake, and manure of all kinds.
Fish, dried or salted, all kinds.
Salted meats of all kinds.
Salt.
Biscuits and table stores of all kinds, excepting bear, wines, and spirits.
Printed books, maps, and charts.
Gunny bags and gunny cloth.
Packing matting.
Tea lead.
Plants, trees, and shrubs.
Travellers’ baggage.
Samples of merchandize in such quantity as shall be approved by the Customs authorities.

II.-Articles subject to Duty at the rate 5 per cent

Raw materials of all kinds, as wool, cotton, silk, or other substances.
Timber and building materials of all kinds.
Hard woods and dye woods, and raw dye stuffs of all kinds.
Tallow, tar, pitch, rosin, glue.
Hides, horns, hoofs.
Skins and leather of all kinds.
Metals of all kinds, manufactured or unmanufactured, excepting manufactured articles otherwise provided for.
Machinery.
Implements or tools for the use of farmers or mechanics.
House utensils, excepting articles otherwise named.
Anchors and chain cables.
Balances and scales.
Cordage and canvas.
Paints and colours of all kinds, and materials used in mixing paints.
Wax and vegetable oils of all kinds.
Earthenwere and porcelain.
Sugar of all kinds.
Matches.
Rattans.
Tea and coffee.
Pepper and spices of all kinds.
Yarn, twine, or thread, all kinds, excepting silk.
Soap, common qualities.
All unenumerated unmanufactured articles.

III.-Articles subject to Duty at the rate of 7½ per cent

Textile fabrics of all kinds, excepting fabrics wholly of silk.
All clothing or wearing apparel not made wholly of silk.
Boots and shoes.
Blankets and rags.
Carpets of all kinds.
Drugs, dyes, medicines, and chemicals of all kinds.
Furniture.
Stationery.
Umbrellas.
Trunks or portmanteaux.
Scientific instruments or apparatus.
Saddlery and harness.
Kerosene and other mineral oils.
Window glass, ordinary and uncoloured.
Cutlery, as table knives, pocket knives, rasors, scissors, steels.
All other unenumerated manufactured articles in metal.
All other unenumerated articles only partly manufactured.

IV.-Articles subject to Duty at the rate of 10 per cent

Textile fabrics, all kinds, wholly of silk.
Silk thread.
All clothing or wearing apparel wholly of silk.
Wines and beer.
Tobacco, all kinds, and pipes.
Clocks, and parts thereof.
Watches, and parts thereof, of common metal, or silver, or silver gilt.
Plated ware of all kinds.
Musical instruments of all kinds.
Pictures, prints, photographs, or engravings, all kinds, framed or unframed.
Glass, coloured or stained.
Glass, plate, silvered or unsilvered, and framed or unframed.
Glass, all manufactures of, not otherwise provided for.
Soap, perfumed, or other superior varieties.
Arms, firearms, fowling-pieces, or ammunition imported under special permit for sporting purposes or self-defence.
All other unenumerated articles completely manufactured.

V.-Articles subject to Duty at the rate of 20 per cent

Amber, coral, tortoiseshell, ivory, jade.
Scented woods.
Perfumes and scents.
Artificial flowers.
Jewellery and precious stones, real or imitation.
Plate, gold and silver.
Watches, or parts thereof, wholly or in part of gold.
Embroideries, in gold, silver, or silk.
Birds’ nests.
Spirits and liqueurs of all kinds.
Furs of all kinds.

VI.-Prohibited Goods

The importation of the following articles is prohibited, except under special permit from the Corean Government;-
Arms, munitions and implements of war, as ordnance or cannon and shot and shell, firearms of all kinds, cartridges, sidearms, spears, or pikes, gunpowder, guncotton, and all other explosive substances, salt-petre, and sulphur.
(The Corean authorities will grant special permits for the importation of arms, firearms, and ammunition for sporting purposes, or for purposes of defence, on satisfactory proof being afforded them of the bond fide character of the application)
Opium, except medicinal opium.
The Exportation of red ginseng is prohibited, except under special permit from the Corean Government.
The temporary exportation of Corean rice (or grain of all kinds) may, in time of scarcity, be prohibited by Royal Decree.

VII.-Export Tariff

All articles of Corean production, when exported to foreign countries, will pay a duty of 5 per cent; when exported to Corean ports the same duty is leviable, but half will be refunded at the port of destination.

The above Tariff of import and export duties shall be converted, as far as may be deemed desirable, into specific rates by agreement between Her Britannic Majesty’s Diplomatic Representative and the Corean Government as soon as possible.
The standard coin in which all duties will be paid will be the Mexican dollar. Other coins or silver or gold bullion will be received at the option of the Corean Government at such rates as they may from time to time notify.
In the above Tariff the measure of length is the English yard or foot; the measure of weight, the Chinese picul or catty, the latter being equal to 1½ pounds avoirdupois.