TREATY WITH SIAM.
On the twentieth day of March, 1833, corresponding to Wednesday, the last of the fourth month of the year 1194, called Pi-ma-rong-chat-tava-sok, (or the year of the dragon,) the final articles of the first commercial treaty between Siam and the United States were concluded after a negotiation of twenty-two days, and on the first day of April they were signed and sealed; but only a single copy of the treaty could be obtained, notwithstanding the promise of the chao-phaya praklang, one of the first ministers of state, that two copies should be furnished me. No other reason was assigned for this breach of promise, than that it was not customary.
It is written in four languages, viz.: Siamese, Chinese, Portuguese, and English, and is of the great length of nine feet and seven inches. Previously to the signing of the treaty, the charges were not defined and fixed; now, all obstacles and impositions are removed, and but a single charge is made of seventeen hundred ticals on every Siamese fathom of seventy-eight inches on the breadth of the vessel, if merchandise is imported, and fifteen hundred if specie only is brought. This charge is in full of all import and export duties either on vessel or cargo. The sixth article of the treaty relates to debtors. As foreigners were equally liable to the penalties with the natives, I deemed it most proper to guard against the barbarity, which gave the creditor in fact the power of life and death over his debtor, and therefore in the early stage of the negotiation, I proposed an article (which was agreed to) which released the American citizen only, from all pains and penalties, by delivering to his creditors all the property he possessed. About a fortnight after its conclusion, the minister inserted an additional clause, making it reciprocal, so that the Siamese debtor might receive the same benefit of the American creditor. He was told it would have an unequal operation, as it would very rarely occur that an American would incur a debt to a Siamese; but he insisted that it should remain as it was, although I proposed nullifying the whole article. But still if any American feels disposed to take advantage of a code of laws written in blood, it will readily suggest to him that a transfer of his debt to a responsible Siamese, will give him a free and unimpeded course to hunt down a prostrate victim.
An attempt was made to reduce the measurement-duty on vessels bringing specie only, to eight hundred ticals (instead of fifteen hundred) but it did not prove successful, and a similar failure was the result of another proposition to admit vessels wishing to purchase a part of a cargo only, by paying a proportionate part of the measurement-duty.
The treaty has removed all obstacles to a lucrative and important branch of our commerce; the merchant being left free to sell or purchase where and of whom he pleases. Prior to this period, the American merchant was not allowed to sell to a private individual the cargo he imported, nor purchase a return cargo. The king claimed the exclusive right of purchase and sale in both cases; and furthermore, such parts of the imported cargoes as were most saleable, were selected and taken at his own valuation, which was always at prices far below the market value, as profit was the sole object in making the purchases.
Secondly: he also fixed the prices of the articles wanted for return cargoes, and no individual dared offer any competition either in buying or selling.
Thirdly: the American merchant not only did not obtain a fair value for his merchandise, but it is notorious that he had to pay from twenty to thirty per cent. more for the produce of the country than he could have purchased it for from private hands.
Fourthly: the vexations occasioned by delay were a matter of serious complaint. It was no uncommon circumstance to be delayed from two to four months beyond the stipulated time. The loss sustained, say for three months’ charter, and interest on the capital employed for that time, &c., &c., amounted to several thousand dollars. In addition to all these evils the merchant was frequently obliged to take payment in inferior articles, at the highest market value for the best, and even unsaleable merchandise at high prices.
Fifthly: the duties on imports were not permanent; they varied from eight to fifteen per centum.
Sixthly: the export duty on sugar of the first quality, was one dollar and a half (Spanish) per pecul, which was not less than from 25 to 30 per centum upon the first cost, and other articles were charged in the same proportion.