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 cla.s.s.
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 a.s.signed 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 a.s.sign 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 s.p.a.ce 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 _via_ the Chang Chemoo Valley.
The Maharaja will depute an officer of his Government to accompany the surveyors, and will render them all the a.s.sistance 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 a.s.sistance 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 depots, and to authorize other persons to establish supply depots, 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 versa_, 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.