TREATY BETWEEN RUSSIA AND CHINA. Treaty of Commerce concluded between Russia and China, at Kuldja, on the 25th Day of July, 1851, and ratified on the 13th Day of November, 1851.
The plenipotentiary of His Majesty the Emperor of All the Russias, and the plenipotentiaries of His Majesty the Bogdokhan of Tatsing, hereby declare; the Governor General of Ili, and its dependent provinces, as well as his deputy, have, after consulting together, concluded in the city of Ili (Kuldja), in favour of the subjects of both empires, a Treaty of Commerce, which establishes a traffic in the cities of Ili (Kuldja), and of Tarbagatai (Chuguchak). This treaty is composed of the following articles:—
Article I.
The present Treaty of Commerce, concluded in the interests of both powers, by demonstrating their mutual solicitude for the maintenance of peace between, as well as for the well-being of, their respective subjects, ought to draw still closer together those links of friendship which at the present moment unite the two Powers.
Article II.
The merchants of the two Empires will regulate between themselves the interchange of commerce, and arrange the various charges at their own will, and without any extraneous pressure. On the part of Russia a consul will be appointed to superintend the affairs of all Russian subjects; and on the part of China, a functionary of the superior administration of Ili. In the event of any collision between the subjects of either Power, each of these agents will decide, in accordance with justice, the affairs of his own countrymen.
Article III.
This commerce being opened in consideration of the mutual friendship of the two Powers, it will not be in contravention of existing rights on either side.
Article IV.
Russian merchants going either to Ili (Kuldja) or to Tarbagatai (Chuguchak) will be accompanied by a syndic (caravanbashi). When a caravan going to Ili (Kuldja) shall arrive at the Chinese picket of Borokhondjir, and when that destined for Tarbagatai (Chuguchak) shall reach the first Chinese picket, the syndic shall present to the officer of the guard the certificate of his government. The said officer, after having noted the number of men, of beasts, and of loads of merchandise, shall permit the caravan to pass, and shall furthermore cause it to be escorted from picket to picket by an officer and soldiers. During the march, all disturbance, or cause for such, shall be interdicted to soldiers and merchants alike.
Article V.
In order to facilitate the task of officers and soldiers, Russian merchants shall be obliged, in virtue of the present treaty, to follow the route chosen by their body guard, both going and returning.
Article VI.
If, whilst Russian caravans follow their route outside the limit of the guard of Chinese soldiers, bands of brigands from the outer clans (Kirghiz) shall commit acts of pillage, of assault, or other crimes, the Chinese government shall not be required to interfere in the matter. When the caravan shall have arrived on Chinese territory, similarly also during its residence in the factories where merchandise is stored, Russian merchants must themselves guard and defend their property. They will be expected still more carefully to look after their animals when out at pasturage. If, despite all precaution, something should happen to go astray, notice of such loss must be promptly given to the Chinese official; who conjointly with the Russian consul shall trace out with all possible diligence the lost article. If traces of it are discovered, and those in a village held by Chinese subjects, and the thief be captured, the punishment shall be prompt and severe. If the thing lost be recovered, or any portion of it, it shall be restored to the person to whom it belonged.
Article VII.
In the event of disputes, litigations, or other trivial incidents, between the respective subjects, the Russian consul and the Chinese official, of whom mention has previously been made, shall use all their efforts to settle the affair satisfactorily. But if, despite every effort to avoid such, a criminal case or one of general importance should arise, it shall be decided conformably with the regulations actually in force on the Kiachta frontier.
Article VIII.
Russian merchants shall arrive each year with their merchandise between the 25th day of March and the 10th day of December (of our style, or according to the Chinese calendar between the day Tchin-ming and the day Tong-tchi); after the latter of these dates, the arrival of caravans shall cease. If the merchandise imported during that period (8½ months) should not be sold, it shall be permissible to the merchants to remain a longer space in China, in order to complete their sale; after which the consul shall take charge of their departure. It is moreover understood that Russian merchants shall not obtain an escort of officers and soldiers, neither for going nor for returning, if they have not at the least twenty camels laden with merchandise. If a merchant or the Russian consul has need for some special matter to send an express message, every facility shall be accorded him for doing so. But in order that the service of officers and soldiers should not become too onerous, there shall only be twice in the same month these extraordinary expeditions outside the line of the advanced guards.
Article IX.
Russian and Chinese merchants can see each other without restriction about matters of business; but Russian subjects, finding themselves in the factory under the care of the Russian consul, may not walk about in the suburbs and the streets, unless provided with a "permit" from the consul; without such permit, they must not go out of their enclosure. Whoever shall go out without permission shall be led back to the consul, who will proceed against him according to law.
Article X.
If a criminal belonging to either of the two Empires should flee to the other, he shall not be afforded sanctuary; but, on the part of each Power, the local authorities shall take the most severe measures, and make the most searching enquiries to arrest him. There shall be reciprocal extradition of fugitives of this class.
Article XI.
As it is to be foreseen that the Russian merchants, who shall come to China on commercial matters, will have with them carriages and beasts of burden, there shall be assigned for their use, near the city of Ili, certain places on the banks of the river Ili, and also near the city of Tarbagatai other places where there is both water and pasturage. In these encampments the Russian merchants shall confide their animals to the charge of their own people, who shall take care that neither cultivated lands nor cemeteries shall be in any case injured or desecrated. Those who may contravene this enactment shall be brought before the consul to be punished.
Article XII.
In the exchange of articles of merchandise between the merchants of the two Empires, nothing shall be left on credit on either side. If, notwithstanding this clause, some one should purchase his merchandise on credit, the Russian and Chinese officials shall on no account interfere, and shall admit of no complaint, even if cause for such might exist.
Article XIII.
As Russian merchants arriving in China for commercial reasons should necessarily have special places for their warehouses, the Chinese government shall assign them, in the two commercial cities of Ili and Tarbagatai, plots of land near the bazaar, so that the Russian subjects may be able to construct there, at their own expense, dwelling-houses and factories for their wares.
Article XIV.
The Chinese government shall not interpose obstacles in any case where Russian subjects celebrate, within their own buildings, divine service according to the rite of their religion. In case a Russian subject in China should happen to die either at Ili or at Tarbagatai, the Chinese government shall set apart an empty space outside the walls of those cities, to serve as a cemetery.
Article XV.
If Russian merchants should take to Ili or Tarbagatai sheep for the purpose of exchanging them, the local authorities shall take, on account of the government, two sheep out of every ten, and shall give in exchange for each sheep a piece of linen cloth (da-ba, of the legal measure); the remainder of the animals and every other kind of merchandise shall be exchanged between the merchants of the two Empires at a price mutually agreed upon, and the Chinese government shall not intermeddle in any manner whatsoever.
Article XVI.
The ordinary official correspondence between the two Empires shall be made, on the part of the Russian government, through the medium of the superior administration of Western Siberia, and under the seal of that administration; and on the part of the Chinese government through the medium, and under the seal, of the superior administration of Ili.
Article XVII.
The present Treaty shall be authenticated by the signatures and seals of the respective plenipotentiaries. On the part of Russia there will be prepared four copies in the Russian language, signed by the plenipotentiary of Russia; on the part of China, four copies in the Mantchoo language, signed by the Chinese plenipotentiary and his adjunct. The respective plenipotentiaries will each keep a copy in the Russian language, and a copy in the Mantchoo, for the purpose of putting the treaty into execution, and to serve for constant reference. A Russian copy and a Mantchoo copy shall be sent to the directing Senate of Russia; and a copy in each language to the Chinese Tribunal for Foreign Affairs, to be there sealed and preserved after the ratification of the Treaty.
All the above articles of the present Treaty concluded by the respective plenipotentiaries of Russia and China are hereby signed and sealed. The twenty-fifth day of July, in the year 1851, in the 26th year of the reign of His Imperial Majesty the Emperor and Autocrat of All the Russias.
(Signed) Colonel in the corps of Engineers.
Kovalevski.
I Chan,
Bovyantai.
TREATY BETWEEN ENGLAND AND CASHMERE. Treaty between the British Government and His Highness Maharaja Runbeer Singh, G.C.S.I., Maharaja of Jummoo and Cashmere, His Heirs and Successors, executed on the one part by Thomas Douglas Forsyth, C.B., in virtue of the full powers vested in him by His Excellency the Right Honourable Richard Southwell Bourke, Earl of Mayo, Viscount Mayo of Monycrower, Baron Naas of Naas, K.P., G.M.S.I., P.C., &c., &c., &c., Viceroy and Governor-General of India, and on the other part by His Highness Maharaja Runbeer Singh aforesaid, in person.
Whereas in the interest of the high contracting parties and their respective subjects it is deemed desirable to afford greater facilities than at present exist for the development and security of trade with Eastern Turkestan, the following Articles have with this object been agreed upon:—
Article I.
With the consent of the Maharaja, officers of the British Government will be appointed to survey the trade routes through the Maharaja's territories from the British frontier of Lahoul to the territories of the Ruler of Yarkand, including the route viâ the Chang Chemoo Valley. The Maharaja will depute an officer of his Government to accompany the surveyors, and will render them all the assistance in his power. A map of the routes surveyed will be made, an attested copy of which will be given to the Maharaja.
Article II.
Whichever route towards the Chang Chemoo Valley shall, after examination and survey as above, be declared by the British Government to be the best suited for the development of trade with Eastern Turkestan shall be declared by the Maharaja to be a free highway in perpetuity, and at all times for all travellers and traders.
Article III.
For the supervision and maintenance of the road in its entire length through the Maharaja's territories, the regulation of traffic on the free highway described in Article II., the enforcement of regulations that may be hereafter agreed upon, and the settlement of disputes between carriers, traders, travellers, or others using that road, in which either of the parties or both of them are subjects of the British Government or of any foreign State, two Commissioners shall be annually appointed, one by the British Government, and the other by the Maharaja. In the discharge of their duties, and as regards the period of their residence, the Commissioners shall be guided by such rules as are now separately framed, and may, from time to time, hereafter be laid down by the joint authority of the British Government and the Maharaja.
Article IV.
The jurisdiction of the Commissioners shall be defined by a line on each side of the road, at a maximum width of two statute koss, except where it may be deemed by the Commissioners necessary to include a wider extent for grazing grounds. Within this maximum width the surveyors appointed under Article I. shall demarcate and map the limits of jurisdiction which may be decided on by the Commissioners as most suitable, including grazing grounds; and the jurisdiction of the Commissioners shall not extend beyond the limits so demarcated. The land included within these limits shall remain in the Maharaja's independent possession, and, subject to the stipulations contained in this Treaty, the Maharaja shall continue to possess the same rights of full sovereignty therein as in any other part of his territories, which rights shall not be interfered with in any way by the Joint Commissioners.
Article V.
The Maharaja agrees to give all possible assistance in enforcing the decisions of the Commissioners, and in preventing the breach or evasion of the regulations established under Article III.
Article VI.
The Maharaja agrees that any person, whether a subject of the British Government, or of the Maharaja, or of the Ruler of Yarkand, or of any foreign State, may settle at any place within the jurisdiction of the Commissioners, and may provide, keep, maintain, and let for hire at different stages the means of carriage and transport for the purposes of trade.
Article VII.
The two Commissioners shall be empowered to establish supply depôts, and to authorize other persons to establish supply depôts, at such places on the road as may appear to them suitable; to fix the rates at which provisions shall be sold to traders, carriers, settlers, and others, and to fix the rent to be charged for the use of any rest-houses or serais that may be established on the road. The officers of the British Government in Kullu, &c., and the officers of the Maharaja in Ladakh shall be instructed to use their best endeavours to supply provisions on the indent of the Commissioners at market rates.
Article VIII.
The Maharaja agrees to levy no transit duty whatever on the aforesaid free highway, and the Maharaja further agrees to abolish all transit duties levied within his territories on goods transmitted in bond through His Highness's territories from Eastern Turkestan to India and vice versá, on which bulk may not be broken within the territories of His Highness. On goods imported into or exported from His Highness's territory, whether by the aforesaid free highway or any other route, the Maharaja may levy such import or export duties as he may think fit.
Article IX.
The British Government agree to levy no duty on goods transmitted in bond through British India to Eastern Turkestan or to the territories of His Highness the Maharaja. The British Government further agree to abolish the export duties now levied on shawls and other textile fabrics manufactured in the territories of the Maharaja, and exported to countries beyond the limits of British India.
Article X.
This Treaty, consisting of ten Articles, has this day been concluded by Thomas Douglas Forsyth, C.B., in virtue of the full powers vested in him by His Excellency the Right Honourable Richard Southwell Bourke, Earl of Mayo, Viscount Mayo, of Monycrower, Baron Naas of Naas, K.P., G.M.S.I., P.C., &c., &c., Viceroy and Governor-General of India, on the part of the British Government, and by the Maharaja Runbeer Singh aforesaid; and it is agreed that a copy of this Treaty, duly ratified by His Excellency the Viceroy and Governor-General of India, shall be delivered to the Maharaja on or before the 7th of September, 1870. Signed, sealed, and exchanged at Sealkote on the second day of April, in the year of our Lord one thousand eight hundred and seventy, corresponding with the 22nd day of Bysack Sumbut, 1927.
Signature of the Maharaja of Cashmere.
| (Signed) | T. D. Forsyth, |
| Mayo. |
This Treaty was ratified by His Excellency the Viceroy and Governor-General of India at Sealkote on the 2nd day of May, 1870.
| (Signed) | C. U. Aitchison, |
| Officiating Secretary to the Government | |
| of India, Foreign Department. | |