Volume 156 Treatises 131: Foreign Relations 4, United States

美利堅在亞美利加洲。初來華，貨船常至粵東。，英因鴉片之役，詔停貿易，美為英人請准貨船入口，不許。二十二年，與英和，許寧波互巿。美商船由定海駛至寧波，請報稅通商，浙撫劉韻珂以聞。朝旨以美通商向在粵東，不許。已，復請增商埠，將軍伊里布以聞，許之，命與英並議稅則。明年三月，美商船駛至上海求通商，拒以稅則未定。既聞英通商章程已議定，復請援英例開巿；又稱進口洋參、鉛斤二項稅則繁重，請減輕，以百斤取五為率。江督耆英等以洋參、鉛斤歲來無多，允酌改。美人福士又請入覲，不許。冬十月，福士忽稱有使臣顧盛來粵，仍求覲見，並遞國書，欲與中國商議定約，並稱沒蘭的彎兵船欲赴天津。諭令折回，不省。二十四年四月，美兵船進黃浦，阻之，答以進口專為約束商民，防範海盜，無他意。又責中國款待，要求甚堅者十款。耆英等屢與駮詰。於是酌定條款：如商船納鈔已畢，因貨未全銷，改往別口轉售，免重徵；又商船進口，並未開艙即欲他往，限二日出口，不徵稅鈔；又商船進口，納清稅餉，欲將已卸之貨運往別口售賣，免重納稅鈔；此外又許其於貿易港口租地建禮拜堂及殯葬處所；又許延請中國士人教習方言、佐理筆墨，及採買中國各項書籍。又增入商人擅赴五口外私行交易、及走私漏稅、攜帶鴉片及違禁貨物，聽中國官自行辦理治罪一款。遂定議。尋進國書，耆英請賜詔書褒美，許之。

The United States lies in the Americas. When Americans first came to China, their merchant vessels regularly called at eastern Guangdong. During the Opium War, the court ordered a halt to trade with Britain; the Americans asked on Britain's behalf that cargo ships be allowed into port, but the request was refused. In the twenty-second year of the Daoguang reign, peace was concluded with Britain and mutual trade at Ningbo was authorized. An American merchant ship sailed from Dinghai to Ningbo and asked to pay duties and open trade; Zhejiang governor Liu Yunke memorialized the court. The court ruled that American trade had always been confined to eastern Guangdong and denied the request. Soon afterward they again asked for more treaty ports; General Yilibu reported this, permission was granted, and they were instructed to negotiate tariff schedules together with Britain. The following March an American merchant ship reached Shanghai seeking to trade, but was turned away because the tariff schedule had not yet been settled. Once they learned that Britain's commercial regulations had been settled, they again asked to open trade on the British precedent; They also complained that duties on imported ginseng and lead were too high and asked for relief, proposing a rate of five taels per hundred jin. Jiangsu governor Qiying and others, noting that annual imports of ginseng and lead were modest, agreed to adjust the rates accordingly. The American merchant Forbes again requested an imperial audience, but permission was refused. In the tenth month, Forbes suddenly announced that Minister Caleb Cushing had arrived in Guangdong, again seeking an audience and presenting a letter of credence, intending to negotiate a treaty with China, and claiming that warships from Maryland were bound for Tianjin. They were ordered to turn back, but took no notice. In the fourth month of the twenty-fourth year, American warships entered the Huangpu River; when barred, they replied that they had come only to keep merchants in order and guard against pirates, and had no other purpose. They also faulted China for its reception of them and pressed ten demands with great insistence. Qiying and others repeatedly argued the points back and forth with them. Terms were then agreed: if a merchant ship had already paid its duties but, because goods had not all been sold, sailed to another port to resell them, no second levy would be charged; If a merchant ship entered port and wished to leave again without opening cargo, it was allowed two days to depart without paying duties; If a ship had entered port, paid duties in full, and wished to carry unloaded cargo to another port for sale, it was exempt from paying duties again; They were also allowed to lease land at treaty ports to build churches and cemeteries; They were also permitted to hire Chinese scholars to teach local languages, help with correspondence, and purchase Chinese books of every kind. A further clause provided that merchants who traded privately outside the five ports, smuggled or evaded duties, or carried opium and contraband would be dealt with and punished by Chinese officials as they saw fit. The agreement was then concluded. Soon afterward the letter of credence was presented; Qiying asked that an edict of commendation be issued, and the request was granted.

二十六年，諭通商、傳教祗許在五口，不得羈留別地。緣美人在定海傳教非條約所許故也。十一月，美使義華業來粵呈遞國書，初欲入覲面呈，耆英等以條約折之，乃已。七月，美酋馬沙利來粵接辦本國公使事務，齎有國書，仍欲進京投遞。中國持定約不許。時賊氛未靖，美兵船忽至滬，揚言往鎮江等處察看賊情，並整頓海口商務，如督撫不與會晤，當繕奏齎往天津投遞。蘇撫許乃釗以聞。命赴粵聽欽差大臣察辦。同時美兵船又入琉球，琉球王世子咨閩浙總督王懿德，懿德以聞。命粵督葉名琛曉諭，使撤回兵船。四年六月，美人麥蓮至上海，要求赴揚子江一帶貿易，請代奏。江督怡良諭令回粵，候葉名琛察辦。麥蓮返粵，名琛不予接見，乃復回上海，與英、法人往見蘇撫吉爾杭阿，要求赴天津變通成約。吉爾杭阿拒之，不聽。既而船至天津，命長蘆鹽政文謙等復阻之。仍以進京求覲為詞，遞清摺要求十一款，駮之。惟華洋訴訟、豁免積欠及廣東茶稅每擔加抽二錢，允與商辦。麥蓮等遂去。

In the twenty-sixth year an edict declared that trade and preaching were allowed only at the five treaty ports and must not be extended elsewhere. This was prompted by Americans preaching at Dinghai, which the treaty did not allow. In the eleventh month the American envoy Ward came to Guangdong to present his credentials; he first wished to appear at court in person, but Qiying and others cited the treaty against him, and he gave up the attempt. In the seventh month the American minister Humphrey Marshall came to Guangdong to assume charge of his country's legation, bearing a letter of credence, and again sought to go to Beijing to present it. China stood by the existing treaty and refused. While the Taiping rebellion was still unsettled, American warships suddenly appeared at Shanghai, announcing that they would go to Zhenjiang and elsewhere to inspect rebel activity and also regulate port commerce; if the provincial authorities refused to meet them, they would prepare a memorial and take it to Tianjin for presentation. Jiangsu governor Xu Naizhao memorialized the court. Marshall was ordered to proceed to Guangdong and await disposition by the Imperial Commissioner. At the same time American warships also entered Ryukyu; the Ryukyuan crown prince notified Min-Zhe governor-general Wang Yide, who reported the matter to the court. Guangdong governor Ye Mingchen was ordered to explain the situation to them and have the warships withdrawn. In the sixth month of the fourth year the American Reed arrived at Shanghai, asking to trade along the Yangzi and requesting that the court be memorialized on his behalf. Jiangsu governor Yi Liang ordered him back to Guangdong to await Ye Mingchen's disposition. Reed returned to Guangdong, but Ye Mingchen refused to receive him; he then went back to Shanghai and, together with the British and French, called on Jiangsu governor Jierhang'a, asking to go to Tianjin to revise the treaties. Jierhang'a turned them down and would not hear them. Before long the ships reached Tianjin, and Changlu salt commissioner Wen Qian and others were again ordered to block them. They again pleaded for an audience in the capital, submitted a memorial listing eleven demands, and each point was rejected. Only mixed Chinese-foreign lawsuits, exemption of accumulated arrears, and an additional two-cash levy per picul on Guangdong tea were allowed to be negotiated. Reed and his party then left.

六年，美人伯駕來粵請換約。時英人包令、法人顧思同至，亦請換約，與伯駕同赴天津。朝命葉名琛阻之。旋駛至福建遞國書，要求公使駐京、中國遣大臣駐美京華盛頓。朝命閩浙總督王懿德約回廣東，嚴詞駮之，伯駕不省。八月，偕本國水師提督奄師大郎乘火輪至上海，雲奉國主命，必須入京覲見，屢諭不從。是年減免美在滬未繳關稅，因粵賊滋擾，美商受損失故也。七年十月，美遣新公使列衛廉來粵代伯駕，會英人虜葉名琛，省城被據，美人來滬投遞牒大學士裕誠文，原勸和。裕誠覆以已命黃宗漢赴廣辦理外國事務，可速赴廣東會晤。八年二月，美隨英、法調兵船來津，命直隸總督譚廷襄等接晤。美使與俄使普提雅廷同見廷襄，欲變通舊約，未允。五月，命大學士桂良、吏部尚書花沙納為欽差大臣，與美使列衛廉定約。初，美條款要求添商埠、保教民、立塔表、鑄銀元、賠損失、防淩害、船隻駛揚子江及粵東珠江並各支流、文移達內閣、使臣駐北京、丈量船身計噸納鈔法、以各用法律治本國人民、特援最惠國利益均霑之例載入約中，迄未行。至是，復請。

In the sixth year the American Parker came to Guangdong to request treaty revision. At the time the Briton Bowring and the Frenchman de Lagrene also arrived seeking treaty revision and went with Parker to Tianjin. The court ordered Ye Mingchen to obstruct them. They soon sailed to Fujian to present credentials, demanding permanent legations in Beijing and that China send a minister to reside in Washington. The court ordered Min-Zhe governor-general Wang Yide to summon them back to Guangdong and rebut them in strong terms; Parker took no notice. In the eighth month he arrived at Shanghai by steamer with Commodore Tattnall, declaring that by his sovereign's order he must proceed to Beijing for an audience; repeated orders to desist were ignored. That year unpaid customs at Shanghai owed by Americans were remitted, because disturbances from the Guangdong rebels had caused American merchants losses. In the tenth month of the seventh year the United States sent the new minister Reed to Guangdong to replace Parker; meanwhile the British had captured Ye Mingchen and occupied the provincial capital; Americans came to Shanghai and delivered a note to Grand Secretary Yu Cheng offering to mediate peace. Yu Cheng replied that Huang Zonghan had already been sent to Guangdong to handle foreign affairs and that they should proceed there at once for discussions. In the second month of the eighth year the Americans followed Britain and France in sending warships to Tianjin; Zhili governor-general Tan Tingxiang and others were ordered to receive them. The American minister and the Russian minister Ignatyev met Tan Tingxiang together, seeking to revise the old treaty; permission was refused. In the fifth month Grand Secretary Guiliang and Minister of Personnel Huashana were appointed Imperial Commissioners to negotiate a treaty with the American minister Reed. Earlier American demands had included additional treaty ports, protection of converts, lighthouses, coinage, indemnities, safeguards against harassment, navigation on the Yangzi and the Pearl and their tributaries, correspondence with the Grand Council, legations in Beijing, tonnage dues, extraterritorial jurisdiction, and most-favored-nation treatment; none of these had yet been implemented. Now they pressed for them again.

冬十月，定通商稅則，桂良致書美與英、法使臣議通商善後事，極陳領事之弊。美列衛廉覆書，略謂：「美國商民進內地，按天津條約，利益均霑，是則美進內地所有請執照等情，應同英、法一例。俟國主及國會議允批准和約後，必明立律例交領事，禁止不請執照或強請執照等事，致免國民違犯中國憲典。又整理有約、無約各國之法，本大臣向知此事應變通，今請將中國所能行者略為陳列。按泰西各國公使，凡此國領事奉遣至別國者，若不得所往之國准信延接，即不得赴任。今凡有稱領事，而中華國家或省憲地方官不肯明作準信延接者，彼即無權辦事，是則中國於此等兼攝領事即可推辭不接，已延接者亦可聲明不與交往。設有美國人兼攝無約領事，藉作護身符以圖己益者，地方官可卻不與延款，遇有事故，令彼投明美國領事，自應隨時辦理。間或美國人兼攝領事，而代無約商民討求地方官協助申理，地方礙情代為辦理者，亦可對彼說明，並非職守當然，祗由於情面而已。又若此等自稱領事，有與海關辦理船隻餉項事宜者，地方官可卻以必須按照條約遵行。倘彼固執己見干犯則例者，中國地方官應用強禁阻。前在天津時，本大臣照會桂中堂、花塚宰，以中國必須購造外國戰艦火輪船者，特為此故，足徵所言非謬也。又領事不得干預貿易，現美國定制，凡干涉賣買者，不得派作領事官。又領事與地方官爭論，前此動多牴牾，本大臣深為恨憤，業經設法將一切事宜妥為辨正。嗣後果有仍前事款，請照知本大臣，定當修正。若領事官不合之處，地方官按理據實，直斥其非，不與共事，此最善之法也。總領事之設，美國奉使駐紮中華者，從無此制，領事官亦無發給旗號之事。本大臣復嚴諭領事，嗣後不得有此。以上據問直達。猶有管見須照知者，中國宜立國家旗號，俾中國公私船盡行升用。蓋美國制度，凡本國人必用本國旗號，泰西各國莫不皆然。今中華貿易之盛，而無旗號以保護，何不亦仿他國之法，使商船與盜賊有所區別，而免商民之借用與假冒外國旗號哉？」桂良據奏。厥後中國造輪船、購戰艦、用龍旗，多采其議。

In the tenth month the commercial tariff was settled; Guiliang wrote to the American, British, and French ministers on post-treaty trade affairs and laid out at length the abuses of the consular system. Reed replied in substance: "Under the Tianjin treaty and the most-favored-nation clause, American merchants entering the interior should be treated like the British and French in all matters such as passports. Once the treaty is ratified by the President and Congress, clear laws will be issued to consuls forbidding travel without passports or improper demands for them, so that our nationals do not violate Chinese law. As for regulating relations with treaty and non-treaty powers alike, I have long held that this should be handled flexibly; I now ask to set forth briefly what China can do. By Western practice, a consul sent abroad may not take up his post unless the receiving state formally recognizes and receives him. Whenever someone claims to be a consul but the Chinese government or local officials refuse formal recognition, he has no authority to act; China may therefore decline such acting consuls, and may inform those already received that no further dealings will be held. If an American also serves as consul for a non-treaty power and uses that title as a shield for private gain, local officials may refuse to deal with him; when trouble arises, he should be referred to the American consul, who should handle it at once. Occasionally an American acting consul asks local officials to help merchants from non-treaty countries; where officials oblige out of courtesy, they may explain that this is not a duty but merely a favor. If such self-styled consuls deal with customs on ship dues, local officials may refuse on the ground that only treaty provisions apply. If they persist in violating regulations, Chinese local officials should restrain them by force. At Tianjin I had already notified Grand Secretary Gui and Minister Hua that China must purchase foreign warships and steamers; this very need shows that my advice was sound. Consuls must not interfere in trade; under current American law, anyone who meddles in commerce may not be appointed consul. Disputes between consuls and local officials had often led to friction; I deeply deplored this and have already taken steps to put all such matters right. If such cases recur, please notify me and they will be corrected. When a consul is in the wrong, local officials should state the facts plainly, rebuke him directly, and refuse to deal with him; that is the best course. The United States has never had a consul-general in China, and consuls are not issued flags or insignia. I have again strictly instructed consuls that this must not occur in future. The foregoing is submitted in direct reply to your inquiry. I must also offer this view: China should establish a national flag and require all Chinese public and private vessels to fly it. Under American law every national vessel must fly its national flag, and the same is true throughout the West. Chinese commerce is now so extensive, yet there is no flag to protect it; why not follow other nations' example, distinguish merchant ships from pirates, and spare merchants the need to borrow or counterfeit foreign flags?" Guiliang reported this to the throne. Thereafter, when China built steamers, bought warships, and adopted the dragon flag, it largely followed his advice.

九年夏五月，美使華若翰遵滬約，改道北塘呈遞國書，諭旨嘉獎。七月換約，還所擄前附和英人之蔣什坡。美使回滬，請照新章完納船鈔，及在潮州、臺灣先行開巿。欽差大臣兩江總督何桂清以前大學士桂良等給與照會，言明各口通商，俟英、法條約議定，再照新章辦理，不服。乃允先開潮州、臺灣兩口巿，及照新章納船鈔，餘仍從緩。十年，美船隨英法聯軍北駛。是年美國書及原本條約、稅則遺失，特命蘇撫薛煥先與說明，照俄國一律，以通行刊本為憑，美人許諾。

In the fifth month of the ninth year the American minister Ward followed the Shanghai agreement, presented his credentials at Beitang instead, and received an edict of commendation. In the seventh month the treaty was exchanged, and captives who had earlier sided with the British, including Jiangshipo, were returned. The American minister returned to Shanghai and asked to pay tonnage dues under the new regulations and to open trade first at Chaozhou and Taiwan. Imperial Commissioner and Jiangnan governor-general He Guiqing cited the note earlier given by Grand Secretary Guiliang, stating that trade at each port would follow the new regulations only after the British and French treaties were settled; the Americans were dissatisfied. They then agreed to open Chaozhou and Taiwan first and to collect tonnage dues under the new rules, deferring the rest. In the tenth year American vessels sailed north with the Anglo-French allied fleet. That year the American credentials and the original treaty and tariff were lost; Jiangsu governor Xue Huan was ordered to explain the situation and, following the Russian precedent, to rely on the published text; the Americans consented.

十一年四月，始至漢口通商。旋立九江巿埠。先是三月，美水師總領施碟烈倫以火輪船至九江，尋去。至是，美商擇地，勘定九江城西琵琶亭空地三十畝，以地勢低窪，興工建築，居民以未給價，阻之。領事別列子始赴道署，許照英國價例給發。九江關監督以此地在大街繁盛之區，與龍開河偏僻有水者不同，駮詰之，別列子去。監督因牒駐漢口總領事，始許依民間賣買，又增索至五十畝。是為美立九江巿埠之始。秋七月，美設領事于漢陽，並代理俄國漢口通商事務。又為美人在漢設領事之始。

In the fourth month of the eleventh year trade at Hankou was opened. Soon afterward the Jiujiang treaty port was established. Earlier, in the third month, American naval commander Stribling reached Jiujiang by steamer and soon left. At this point American merchants selected a site and surveyed thirty mu of vacant land at the Pipa Pavilion west of Jiujiang; because the ground was low-lying they began building, but residents obstructed them for lack of compensation. Consul Bailey first went to the circuit intendant's office, which agreed to pay compensation on the British precedent. The Jiujiang customs supervisor argued that the site lay in a busy main-street district, unlike the remote Longkai River area with water access, and rejected the claim; Bailey withdrew. The supervisor then wrote to the consul-general at Hankou; only then was private purchase allowed, and the Americans increased their claim to fifty mu. This marked the beginning of the American establishment of the Jiujiang treaty port. In the seventh month the United States established a consulate at Hanyang and also acted as agent for Russian trade affairs at Hankou. This was also the beginning of an American consular presence in the Hankou region.

六年十月，以美卸任使臣蒲安臣權充辦理中外交涉事務使臣。時外洋諸國公使、領事等先後來華，於是特派蒲安臣，以英人柏卓安、法人德善為左右，協理志剛、孫家穀二員同往會辦。緣蒲安臣充美公使最久，中外交涉，總署深相倚任，故特派往。特與議定條款，凡事須咨總署覈定，准駮試辦，以一年為期。又以中外儀節不同，呈遞國書，須存國體。又慮各國因蒲安臣系西人，以西例優待，當告以中國體制，使各國瞭解，不致疑中國將來無報施之禮。迭咨蒲安臣，蒲安臣遂西。

In the tenth month of the sixth year the retired American minister Burlingame was appointed provisional minister for Chinese foreign affairs. As foreign ministers and consuls had been arriving in China in succession, Burlingame was specially appointed, with the Englishman Brown and the Frenchman de Margery as his aides, and assistant commissioners Zhigang and Sun Jiangu to accompany the mission. Because Burlingame had served longest as American minister and the Zongli Yamen had come to rely on him deeply in foreign affairs, he was chosen for the mission. Special provisions were agreed upon: every matter had to be submitted to the Zongli Yamen for review and approval or rejection, with trial implementation set for one year. Because Chinese and foreign ceremonial protocol differed, the presentation of state letters had to preserve China's national dignity. They also worried that because Burlingame was a Westerner, foreign governments might treat him by Western precedent; China therefore explained its own system so that other nations would understand and not suspect that China would fail to reciprocate in future. They repeatedly instructed Burlingame, and Burlingame then departed for the West.

是年，美羅妹商船至臺灣之琅軿洋面，遭風船破，被生番戕害。又前有美商船羅發遭風飄至臺灣極南海島，亦被害。至是，美住廈門領事李讓禮欲坐兵船赴台住泊。八月到琅軿，會臺灣鎮總兵劉明燈究詰此案，而龜仔角生番糾集十七番社謀抗拒，劉明燈招番目卓杞篤往諭，始知五十年前，龜仔角一社之番，悉被洋人殺害，僅存樵者二人，以致世世挾仇圖報。因諭番人解散，勸李讓禮無深究，免再結仇。李讓禮許諾，遂議結。既而李讓禮請在象鼻山設立砲台，未允。

That year, the American merchant ship Rover reached the Langxiao waters off Taiwan, was wrecked in a storm, and its crew were killed by aboriginal tribesmen. Earlier as well, the American merchant ship Rover had been driven by a storm to the southernmost islands of Taiwan and its people had likewise been killed. At this point, Le Roy, the American consul at Xiamen, wished to take a warship to Taiwan and remain stationed there. In the eighth month he reached Langxiao and joined Taiwan garrison commander Liu Mingdeng in investigating the case, but aboriginal tribesmen at Guizaijiao rallied seventeen communities in planned resistance. Liu Mingdeng summoned the tribal head Zhuo Qidu to reason with them and learned that fifty years earlier foreigners had massacred an entire community at Guizaijiao, leaving only two woodcutters alive, and that hatred and the desire for revenge had been handed down ever since. He therefore ordered the tribesmen to disperse and urged Le Roy not to press the matter further, so as to avoid renewing the feud. Le Roy agreed, and the matter was settled. Le Roy then asked to establish a fort at Elephant Trunk Mountain, but the request was denied.

七年春二月，美使來言，前年九月有本國商船兩隻在高麗擱淺被害，尚餘四人，請轉知高麗，設法救護。政府請高麗自行查明酌覈。六月，美人派兵船入高麗，國王李熙奏聞。中國查明並無羈留美人情事，函致美使代為解釋。美使乃無言，其兵船亦啟椗去。

In the second month of spring in the seventh year of the Tongzhi reign, the American minister reported that in the ninth month two years earlier two American merchant ships had run aground in Korea and been attacked, with four survivors still there, and asked China to notify Korea and arrange their rescue. The government asked Korea to investigate and decide the matter on its own. In the sixth month, the Americans sent warships into Korea, and King Gojong memorialized the court. China investigated and found no evidence that Americans were being detained, and wrote to the American minister asking him to explain the situation. The American minister said no more, and his warships weighed anchor and left.

是月，蒲安臣等至美遞國書，並增定條約，其要目有八：一，美國與他國失和，不得在中國洋面奪貨劫人；二，除原定貿易章程外，與美商另開貿易之路，皆由中國作主；三，中國派領事駐美通商各口；四，中、美奉教各異，兩國不得稍有屈抑；五，兩國人民互相往來遊歷，不得用法勉強招致；六，兩國人民互相居住，照相待最優之國利益均霑；七，兩國人民往來遊學，照最優之國優待，並指定外國所居之地，互設學堂；八，美國聲明並無干預中國內治之權。其時曾國籓等鑒於道、咸間條約失利，特建議遣使往訂此約，于領海申明公法，於租界爭管理權，於出洋華工謀保護，且預防干涉內治雲。九月，美使勞文羅斯來華遞國書，並呈書籍及五穀各種，請換中國書籍、穀種，許之。

That month, Burlingame and his party reached the United States and presented the state letter, and also concluded a supplementary treaty with eight main articles: first, if the United States went to war with another country, it must not seize goods or abduct people on Chinese waters; second, apart from the original trade regulations, any new trade routes opened with American merchants would be decided solely by China; third, China would appoint consuls to reside at American treaty ports; fourth, because China and the United States followed different religions, neither country might in any way suppress the other; fifth, nationals of the two countries might travel freely in each other's territories, but neither side might use legal coercion to recruit them; sixth, nationals of the two countries residing in each other's territories would receive treatment equal to that accorded the most-favored nation; seventh, students traveling between the two countries would receive most-favored-nation treatment, and schools would be established in designated areas where foreigners resided; eighth, the United States declared that it had no right to interfere in China's internal affairs. At that time Zeng Guofan and others, mindful of the setbacks suffered in the treaties of the Daoguang and Xianfeng reigns, had specially recommended sending envoys to negotiate this treaty so as to assert public law in territorial waters, contest administrative authority in concessions, protect Chinese laborers abroad, and guard against foreign interference in internal affairs. In the ninth month, Browne, the American minister, came to China and presented his credentials, along with books and various kinds of grain, asking to exchange them for Chinese books and seed grain; the request was granted.

九年三月，美遣鏤斐迪充出使中國大臣，遞國書，前使勞文羅斯回國。四月，中國出使大臣蒲安臣在俄病卒，特予一品銜，給恤銀萬兩。

In the third month of the ninth year of the Tongzhi reign, the United States appointed F.W.B. F. as minister to China to present his credentials, and the former minister Browne returned home. In the fourth month, China's envoy Burlingame died of illness in Russia; he was posthumously granted first-rank honors and awarded ten thousand taels in condolence payments.

十年正月，美致朝鮮函，請中國代達，謂將以兵船前往商辦事務。中政府以權宜許為轉達。旋接朝鮮咨，謂美使所投封函，專為曩年美商船來韓，一遭風遇救，一人沒貨無，以為一救一害，相懸太甚，欲請究治。朝鮮以己國無殘害美船之事，不允所請，並請中國降旨開諭美使。美使以降旨開諭，是以屬國相待，不受。乃以兵船抵朝鮮脅之。朝鮮人不服，與力爭，並報中國牒美使解之。十二月，美請援例開瓊州商埠。

In the first month of the tenth year of the Tongzhi reign, the United States sent a letter to Korea through China, stating that it intended to dispatch warships to negotiate affairs there. The Chinese government agreed, as an expedient measure, to relay the message. Korea soon replied that the letter from the American minister concerned only the earlier cases of American merchant ships in Korea: in one instance survivors had been rescued after a storm, in another a man had died and cargo had been lost; Korea regarded the contrast between one rescue and one harm as too great and asked that the matter be investigated. Korea denied the accusation that it had harmed American ships and refused the American request, and asked China to issue an edict instructing the American minister accordingly. The American minister refused, saying that an edict of instruction would treat him as if Korea were a tributary state. He then brought warships to Korea and coerced the kingdom. The Koreans resisted and fought back, and also appealed to China to intervene with the American minister and settle the dispute. In the twelfth month, the United States asked that Qiongzhou be opened as a treaty port by precedent.

十一年春二月，許美國領事官代辦瑞士國商務。瑞士國一名蘇益薩，又稱綏沙蘭，其商船至中國，向以無約小國不設領事官，至是請美領事官代辦商務。美使牒稱遂次蘭國，總署覆美使，以瑞士事務祗可照料，不能兼攝，至通商納稅等事，仍照向來無約各國祗許在海口通商，其內地口岸及內地遊歷設局招工等事，均不得一律均霑。美使照覆更正遂次蘭為瑞士。美領事雖得照料瑞士國商務，不得稱瑞士國領事官。十二年春，穆宗親政，美隨英、法、俄、德請覲見。十三年，美使鏤斐迪回國，以艾忭敏為駐華全權大臣，覲見面遞國書。

In the second month of spring in the eleventh year of the Tongzhi reign, permission was granted for the American consul to handle Swiss commercial affairs. Switzerland, also known as Suisses or Schwyz, had sent merchant ships to China but, as a small power without a treaty, had never been allowed a consul; it now asked the American consul to handle its commercial affairs. The American minister wrote calling the country Suicilan; the Zongli Yamen replied that Swiss affairs could only be assisted, not fully assumed, and that in trade and taxation Switzerland would remain subject to the rules for treatyless states, permitted to trade only at seaports, without equal access to inland ports, inland travel, branch offices, or labor recruitment. The American minister replied in a note correcting Suicilan to Switzerland. Although the American consul might assist with Swiss commercial affairs, he could not be styled consul of Switzerland. In the spring of the twelfth year of the Tongzhi reign, when Emperor Tongzhi took personal rule, the United States joined Britain, France, Russia, and Germany in requesting an audience. In the thirteenth year of the Tongzhi reign, F.W.B. F. returned home, and Denby was appointed minister plenipotentiary to China, presenting his credentials in person at the audience.

六年七月，美遣使臣安吉立及修約使臣帥腓德、笛銳克來華，請與中國大臣議事，總署以聞。並言：「中國與美續增條約，其第五款內有『兩國人民任便往來得以自由』等語。近來金山土人深嫉華人奪其工作，不能相容，上年美議院曾有限制華人之議，經其總統據約批駮。去年彼國開議，又欲苛待華人，經副使臣容閎牒外部，言與約不符，始將此例停止。是華人在彼得有保護者，惟恃續增條約之力居多。今遣使來華，恐有刪改續增條約之意，請派員商議。」奏入，命總署大臣寶鋆、李鴻藻為全權大臣，與美使議約。初，美續約第五款祗言兩國人民往來及遊歷貿易久居等人，無「華工」字樣。至是，美使安吉立等遞修約節略，內稱華工分住各口不下十萬人，于本國平安有損，請整理限制禁止。總署以禁止一層與舊約不符，惟限制一層尚可酌擬章程。安吉立等以章程須由本國議院酌定，此次來華，祗求中國一言，許其自行定限。總署遂入奏，與安吉立等議定四款：凡傳教、學習、貿易、遊歷人等仍往來自由，其已在美華工亦仍舊保護，惟續往承工之人，定人數年數限制，不得淩虐。遂畫押蓋印，期一年兩國御筆批准互換。既而美金山於中國招商局和眾輪船進口有額外加徵船鈔貨稅之事。出使美國大臣陳蘭彬等請乘美派人來華議約之際與交涉。時美使安吉立亦牒總署，詢中國徵收美國各船稅鈔與徵收中國及別國船稅鈔是否相同，又中國在常關納稅鈔之船是否均與新關納稅鈔之船相同各等語。又欲將兩國商民貿易有益之事，及兩國商民爭訟申明觀審辦法，加入約款。總署以商民貿易一款，原可隨時商辦，觀審一款，本煙臺條約所載，此次申明與原議亦無出入。因與定議，仍候兩國御筆批准互換。明年六月鈐印。

In the seventh month of the sixth year of the Guangxu reign, the United States sent Minister Angell and treaty-revision commissioners Shuai Feide and Di Ruike to China to negotiate with Chinese officials; the Zongli Yamen memorialized the court. The memorial also stated: "In the supplementary treaty between China and the United States, the fifth article provides that 'nationals of the two countries may travel freely between them. Recently the local population in San Francisco had grown deeply resentful that Chinese were taking their jobs and could no longer tolerate them; the previous year Congress had debated restrictions on Chinese immigration, but the president had vetoed the measure on treaty grounds. When Congress reopened the issue the following year and again sought to impose harsh treatment on Chinese, Vice Minister Yung Wing protested to the State Department that the proposal violated the treaty, and the measure was halted. Chinese there had enjoyed protection, and they relied above all on the force of the supplementary treaty. The envoys now coming to China may intend to revise the supplementary treaty; officials should be appointed to negotiate with them." The memorial was submitted, and Bao Yun and Li Hongzao of the Zongli Yamen were appointed plenipotentiaries to negotiate the treaty with the American minister. Originally, the fifth article of the supplementary treaty referred only to nationals traveling, touring, trading, and residing in each other's countries, with no mention of "Chinese laborers." Angell and his party now submitted a draft revision stating that more than one hundred thousand Chinese laborers were spread across American ports, harming public order, and asking China to agree to regulation, restriction, and prohibition. The Zongli Yamen replied that outright prohibition would violate the existing treaty, but restrictions might be considered through negotiated regulations. Angell and his colleagues said that detailed regulations would have to be set by the American Congress, and that on this visit they sought only China's assent to let the United States impose limits on its own authority. The Zongli Yamen memorialized the court and agreed with Angell's party on four articles: missionaries, students, merchants, and travelers would remain free to come and go; Chinese already in the United States would continue to be protected; only new contract laborers would be subject to numerical and term limits, and they must not be mistreated. The agreement was signed and sealed, with exchange of ratifications by both emperors set for one year later. Soon afterward San Francisco imposed additional tonnage and cargo duties on steamships of the China Merchants Steam Navigation Company entering port. Chen Lanbin, China's minister to the United States, and his colleagues asked to raise the matter while American negotiators were in China. At the same time Angell wrote to the Zongli Yamen asking whether dues and taxes on American ships were equal to those on Chinese and other foreign vessels, and whether ships paying at native customs stations received the same treatment as those paying at treaty-port customs. He also sought to add articles on matters beneficial to trade between the two countries' merchants and to clarify procedures for consular observation in merchant disputes. The Zongli Yamen replied that trade matters could be negotiated at any time, and that consular observation was already provided for in the Chefoo Convention; the present clarification changed nothing in substance. An agreement was reached on these points as well, still subject to imperial ratification and exchange by both countries. It was sealed in the sixth month of the following year.

八年三月，美欲與朝鮮結約通商，遣總兵蕭孚爾為全權大臣，乘兵船往議約。朝鮮遣余允植赴保定謁見李鴻章，請代為主持，與美使商議。美使旋出所擬約稿，其約稿未提明朝鮮為中國屬邦。鴻章請刪改，蕭孚爾執不允。會美署使何天爵在京，與總署議，允增「屬邦」字樣，而內治外交仍許朝鮮自主。

In the third month of the eighth year of the Guangxu reign, seeking to conclude a treaty and open trade with Korea, the United States sent Commodore Shufeldt by warship as plenipotentiary to negotiate. Korea sent Yu Yunzhi to Baoding to see Li Hongzhang and asked him to take charge of negotiations with the American minister. Shufeldt then produced his draft treaty, which made no mention of Korea as a tributary state of China. Li Hongzhang asked that the passage be revised, but Shufeldt refused. Acting minister He Tianjue, then in Beijing, negotiated with the Zongli Yamen, which agreed to add the term "tributary state" while still allowing Korea autonomy in internal governance and foreign relations.

九年，出使美國大臣鄭藻如請於美紐約設領事官，略言：「美國西通太平洋，以金山埠為首站，東通大西洋，以紐約埠為首站，兩埠為往來必經之路。金山業設領事。近紐約華民往者日見增多，土人不無嫉忌。兼以古巴一島與紐約水路相通，華民由古巴回籍者必假道紐約，實為通行要路。請仿金山例設領事以資保護。」報可。是年美與朝鮮換約，遣使駐朝鮮漢城，朝鮮遣使報之，仍咨中國，禮部僅報聞而已。十年，中、法因越南啟釁，招商局輪船商人籌照西國通例，暫售與美國旗昌洋商保管，旋事定，仍收回。

In the ninth year of the Guangxu reign, Zheng Zaoru, China's minister to the United States, asked to establish a consulate in New York, noting: "The United States faces the Pacific to the west, with San Francisco as the principal port, and the Atlantic to the east, with New York as the principal port; both are essential way stations for travel between the two countries. A consulate had already been established in San Francisco. The number of Chinese in New York had been growing steadily, arousing local resentment. Moreover, because Cuba and New York were linked by sea routes, Chinese returning home from Cuba had to pass through New York, making it a vital transit point. He asked that a consulate be established there on the San Francisco model to protect Chinese nationals." The request was approved. That year the United States exchanged ratifications with Korea and posted a minister in Seoul; Korea sent an envoy to report the fact and still consulted China, but the Board of Rites merely noted it for the record. In the tenth year of the Guangxu reign, as China and France went to war over Vietnam, the China Merchants Steam Navigation Company temporarily transferred its ships to the American firm Russell & Co. for safekeeping under Western practice; once the crisis passed, they were recovered.

十二年春，美三藩市華民被美西人虐害，中國索賠，總統卻之。粵人聞之，大憤，爭欲起抗。粵督張之洞恐其滋事，一面曉諭粵民，一面致總署及駐美使臣與美交涉，請其賠償懲辦，因疏言：「出洋粵民所訴焚劫殺逐，種種遭害，臚列各案內，如十二月，夭李架埠一案，焚鋪逐商，劫財七萬餘元；十年七月二十五日，洛巿丙冷埠一案，慘殺廖臣頌等二十八命，傷十五人，焚毀鋪屋財物值十四萬餘元；七月二十八日，舍路埠一案，慘殺莫月英等三命，焚燒煤廠，約值數萬，旋將華人盡逐；八月十一日，倒路粉坑一案，枉殺李駒南等五命；九月二十八日，喊罷埠一案，焚逐失財數萬；十二月初四日，尾矢近地一案，慘殺伍厚德等二命：皆為無辜被害。其餘密謀殺害，不可勝紀。以致卓忌埠、禮靜埠則有被逐之事，興當埠、拓市埠、喜路卜埠、鈴近埠、匿架巿埠、灑巿埠、缽倫埠、雲乃埠、坎下埠、古魯姐埠、粒卜綠埠亦皆有定期議逐之事。其金山大埠，華民住房則有十苦之訴，洗衣裳館則有六不近情之訴，統大小各埠工商人等則有七難之訴。所謂十苦者：金山大埠住房，每人限地八尺，不足八尺者查拏監禁，謂之祼房。祼房之苦，計地少絀，同居概捉。一也。監後寓財，盡竊無追。二也。回華有期，暫寓被禁。三也。到埠資乏，借寓亦拏。四也。畏捉夜行，臥街被打。五也。工藝出監，無處傭食。六也。監房地狹，疾癘益增。七也，入監勒銀，始任贖出。八也。監鬱鬢亂，被翦違制。九也。昏夜巡查，破窗越屋。十也。所謂六不近情者：洗衣館八九百間，木樓木屋，歷數十年，乃借防火私擅，勒令改建磚樓鐵門，既非美廷所命，別處又不一律。一也。拆改不獨勞費，工眾無處容身。二也。磚鐵本重租貴，主客兩受其害。三也。曬棚謬謂惹火，別處樓棚更多。四也。任意拏人罰銀，被擾至數百間。五也。洋館木樓曬棚，何以不用此律？六也。所謂七難者：一為欲守業之難，二為欲拒匪之難，三為求保護之難，四為居散埠之難，五為居大埠之難，六為業工者之難，七為業商者之難，等語。又言金山各埠，始則利華民之工勤價省，多方招徠開礦修路諸工，美商藉華工以獲利者，不知其幾千億萬。乃因埃利士黨人嫉石把持，合謀驅逐，殘毒焚掠，以奪其資財，勒逼行主辭用華工，以斷其生路。華工既無生計，華商亦遂賠折窮蹙，留不能留，歸不能歸，保護亦無從保護，情形實為危慘。假如將此十餘萬華民盡行驅歸中國，沿海各省何處容之？既屬可憫，亦多隱憂。此外南洋諸埠，設皆踵事效尤，何堪設想？美與中國雖無嫌隙，但此事系由美境土人專利而起，其視華工究不免稍分畛域。且美國官員，近亦多有埃利士黨人在內，多設苛政，實有此情。應請敕催美國嚴懲速辦。」初，沙面燒洋房十四間，償款至鉅。至是，出使美國大臣鄭藻如電張之洞，請查案援例。之洞以金山殺掠重情，過之十倍，應照本案華民所失之數賠足，並須財命兩究，電覆令與交涉。先是美使田貝允電本國速辦。時新任張廕桓為美使，仍留鄭藻如會同經理。既而美調兵緝匪，斃匪一名，傷數名，美總統及議院亦漸議護禁，久之始允賠。

In the spring of the twelfth year of the Guangxu reign, Chinese in San Francisco were attacked by white Americans; China demanded compensation, but the president refused. When the news reached Guangdong, the people were outraged and clamored to retaliate. Guangdong governor Zhang Zhidong, fearing unrest, admonished the local population while writing to the Zongli Yamen and China's minister in Washington to press for compensation and punishment; in a memorial he listed the complaints of Cantonese abroad—burnings, robberies, killings, and expulsions—including, in the twelfth month, the Yaolijia case, in which shops were burned, merchants driven out, and more than seventy thousand yuan stolen; on the twenty-fifth day of the seventh month of the tenth year, the Los Bingleng case, in which twenty-eight people including Liao Chensong were murdered, fifteen were wounded, and shops, houses, and property worth more than one hundred forty thousand yuan were destroyed; on the twenty-eighth day of the seventh month, the Seattle case, in which Mo Yueying and two others were murdered, a coal plant worth tens of thousands of yuan was burned, and all Chinese were soon driven out; on the eleventh day of the eighth month, the Daolu Fenkeng case, in which Li Junan and four others were murdered; on the twenty-eighth day of the ninth month, the Hanba case, in which burning and expulsion caused losses of tens of thousands of yuan; on the fourth day of the twelfth month, the Weishi case, in which Wu Houde and one other were murdered: all were innocent victims. Beyond these were countless other secret attacks and killings. Expulsions had already occurred at Zhuoji and Lijing, and towns including Xingdang, Tuoshi, Xilubu, Lingjin, Nijiashi, Sanshi, Bolun, Yunnai, Kanxia, Gulujie, and Livermore had scheduled votes on driving out Chinese residents. In greater San Francisco, Chinese lodging drew a petition listing ten hardships; laundries listed six unreasonable abuses; and merchants and workers across large and small ports together listed seven grievances. The ten hardships were these: in San Francisco lodging, each person was allowed only eight feet of space; anyone occupying less was hunted down and imprisoned in what were called "bare rooms." The hardship of the bare rooms was that anyone found living in quarters deemed too cramped was arrested wholesale. That was the first hardship. After arrest, belongings left in one's lodging were stolen with no hope of recovery. That was the second hardship. Those awaiting a scheduled return to China were arrested even in temporary lodgings. That was the third hardship. New arrivals without money were arrested even when staying in borrowed quarters. That was the fourth hardship. Fearing arrest, they walked at night and were beaten when they slept in the streets. That was the fifth hardship. Craftsmen released from jail could find no work to earn their keep. That was the sixth hardship. The jail cells were cramped, and disease spread all the more. The seventh hardship: prisoners were forced to pay bribes before they could buy their release. That was the eighth hardship. In custody their hair fell unkempt and their queues were forcibly cut in defiance of custom. That was the ninth hardship. Night patrols smashed windows and broke in over rooftops. That was the tenth hardship. The six unreasonable abuses concerned laundries: eight or nine hundred wooden laundry buildings, standing for decades, were suddenly ordered rebuilt in brick with iron doors under a pretext of fire safety—a rule neither mandated by Washington nor enforced anywhere else. That was the first abuse. Reconstruction cost labor and money, and workers had nowhere to live meanwhile. That was the second abuse. Brick-and-iron buildings brought steep rents, hurting both owners and tenants. That was the third abuse. Drying sheds were falsely blamed as fire hazards, though other districts had far more such structures. That was the fourth abuse. Hundreds of shops were raided and their owners fined at will. That was the fifth abuse. Why were Western-owned wooden buildings and drying sheds exempt from these rules? That was the sixth abuse. The seven grievances were these: the difficulty of holding onto one's livelihood; of resisting mob violence; of obtaining protection; of living in outlying towns; of living in major cities; of earning a living as a worker; and of earning a living as a merchant. The memorial also observed that across Gold Mountain's ports, Americans had at first welcomed Chinese workers for their industry and low pay, recruiting them for mining, roadbuilding, and other projects; American merchants had profited from Chinese labor by sums beyond counting. But the Ellis Party, jealous of Chinese control over mining, conspired to expel them, burning and looting to seize their wealth and forcing employers to fire Chinese workers and cut off their livelihoods. With Chinese laborers stripped of livelihood, Chinese merchants suffered losses as well. They could neither remain nor go home, and found no protection—the plight was truly desperate. If all one hundred thousand-plus Chinese residents were expelled to China, which coastal province could absorb them? The situation was pitiable and fraught with hidden dangers. And if ports across Southeast Asia followed America's example, the consequences are scarcely imaginable. Though the United States and China were not at odds, the trouble sprang from local Americans' greed for exclusive profit, and their treatment of Chinese workers inevitably drew a line between the races. Moreover, many American officials themselves belonged to the Ellis Party and imposed harsh policies—this was indeed so. He urged the throne to order the United States to punish the offenders promptly and thoroughly." Earlier, when fourteen Western buildings on Shamian were burned, the compensation paid had been enormous. At this point Minister to the United States Zheng Zaoru wired Zhang Zhidong, asking him to review the Shamian precedent. Zhang Zhidong replied that the San Francisco killings and looting were ten times graver; victims must be fully compensated and both property losses and lives pursued in justice, and he ordered Zheng to press the case. Earlier, the American minister Charles Denby had agreed by telegram to urge Washington to act swiftly. Zhang Yinhuan was then appointed minister to the United States, with Zheng Zaoru kept on to manage affairs jointly. The United States then sent troops against the rioters, killing one and wounding several; the president and Congress gradually debated protective measures, and only after prolonged negotiation agreed to pay compensation.

尋議寓美華工約，定約六款：首言中國以華工在美受虐，申明續約禁止華工赴美；次言華工在美有眷屬財產者，仍准往來；三言華工以外，諸華人不在限禁之例，並准假道美境；四言華人在美，除不入美籍外，美國仍照約盡力保護；五言華工人被害各案，美國一律清償；六言此約定期二十年互換。議定畫押，復命張廕桓再與籌議。廕桓以三端要美：一，請酌減年限；二，請訂約以前回華之工，如有眷產，亦可稟報中國領事，補給憑批回美；三，回華工人在美財產不及千元者，作何辦法，亦應商及。議久不決。

Negotiations produced a treaty on Chinese laborers in America with six articles: first, citing the abuse of Chinese workers, China agreed to renew the treaty by banning further Chinese labor immigration to the United States; second, Chinese workers already in America who had family or property there would still be allowed to travel back and forth; third, Chinese persons other than laborers were exempt from restriction and might transit American territory; fourth, apart from barring naturalization, the United States pledged full treaty protection for Chinese residents; fifth, the United States would fully indemnify every case of harm to Chinese workers; sixth, the treaty would run twenty years before renewal. After initial signing, Zhang Yinhuan was instructed to reopen negotiations. Zhang Yinhuan pressed three demands: first, to shorten the term; second, that workers who had returned to China before ratification but held family or property in America could obtain consular permits to go back; third, how to handle the American property of returnees worth less than one thousand yuan should also be settled. Talks dragged on without resolution.

十四年四月，廣西桂平縣美教士富利淳醫館被毀，領事索賠五千餘元，拒之。時粵民憤華工見拒，群起抵制，且歸咎張廕桓。會命翰林院侍講崔國因代為美日祕國出使大臣。十六年，國因到美，美戶部忽訂新例，于假道華民入境，索質銀二百元，出境發還。下議院又議立限清查寓美華民戶口給照。國因力與辯，例旋廢。初，金山新例，拘執華人令徙遷者限地界，以華工居處不潔釀疾為言，至是始廢例銷案。時換約期將屆，適楊儒出使，總署又以商改新例事委之。儒涖美，值美迫行華工註冊新例，當援條約駮詰。美外部始商允議院展限半年，被拘工人釋放，而於註冊之例堅不改移。華工以例專分別新舊工人，舊工固有安居樂業之便，而新工因限禁，不能到美，屢倩律師控訴察院，欲除此例。美外部以例經議院議定，不能廢，仍限華人註冊。而總署電儒，以先修約、後註冊為關鍵。儒當牒外部，並就十四年約稿刪去賠償一款，易為互交罪犯；原約二十年之期改為十年。旋又接總署電，言美必欲先行註冊，擬令寓華美民亦註冊以相抵制，屢議不決。既美外部謂交犯一款，與限禁華工保護華民不相涉，應另訂專約，不列款內；十年之期，可以允從，寓華美工，亦聽中國註冊。楊儒力爭寓華之美國教士亦須註冊。遂擬除工人外，寓華別項美民，自換約日起，美政府允每年造冊一次，報知中國政府。乃定議，並於第五款中寓華別項美民下，註包括教士在內。二十年二月，畫押蓋印，是為重訂限禁華工保護華民約款。又立互交罪犯約。

In April of the fourteenth year (1888), rioters destroyed American missionary Dr. Fulichun's clinic in Guiping, Guangxi; the consul demanded five thousand-plus yuan in compensation, which was refused. Cantonese, furious at the exclusion of Chinese workers, launched a boycott and blamed Zhang Yinhuan. The court then replaced him with Hanlin reader Cui Guoyin as minister to the United States, Japan, and Peru. In 1890 Cui Guoyin reached Washington; the U.S. Treasury suddenly imposed a new rule requiring Chinese in transit to post a two-hundred-yuan bond on entry, refunded on departure. The House of Representatives also debated requiring registration and identity papers for all Chinese residents. Cui Guoyin protested vigorously, and the regulation was soon withdrawn. An earlier San Francisco ordinance had confined Chinese residents to a limited district on the pretext that their quarters were unsanitary and bred disease; it was now repealed and the cases dismissed. As the treaty renewal deadline approached, Yang Ru was dispatched to Washington, and the Zongli Yamen charged him with negotiating changes to the new regulations. On reaching America, Yang Ru found the United States enforcing a new Chinese worker registration law and invoked the treaty to protest. The State Department agreed to ask Congress for a six-month extension and released detained workers, but refused to abandon registration. The law treated old and new workers differently: those already in America could remain, but new recruits were barred; Chinese workers repeatedly hired lawyers to challenge the statute in court. The State Department replied that Congress had enacted the law and it could not be voided; Chinese must still register. The Zongli Yamen wired Yang Ru that the crux was to renew the treaty before accepting registration. Yang Ru wrote the State Department and revised the 1888 draft by dropping the indemnity clause and substituting mutual extradition; the term was cut from twenty years to ten. The Yamen then wired that America insisted on registration first and proposed requiring Americans in China to register in retaliation; talks remained deadlocked. The State Department held that extradition was separate from Chinese exclusion and should be a standalone treaty, not part of the main agreement; It accepted the ten-year term and allowed China to register American artisans residing in China. Yang Ru insisted that American missionaries in China must register as well. They agreed that aside from laborers, the U.S. government would furnish China an annual census of other Americans residing in China from the date of ratification. A final agreement was reached, and Article Five explicitly included missionaries among Americans residing in China. In February 1894 the treaty was signed and sealed—the revised Chinese Exclusion and Protection Treaty. A separate extradition treaty was also signed.

約既成，楊儒復籌寓美華民善後事宜，因上言：「華工在美，始自咸豐年間。，始有限制工人之約。華人寓美，洋人指為風俗之害者，約有三端：一曰鴉片，一曰賭博，一曰械鬥。今惟有將此諸弊力圖革除。一在申明律例，治以各項應得之罪，中國不為袒庇；一在詳示教條，使知目前限制之故，皆與煙賭械鬥各弊有涉。俾各愧奮改圖，庶不至為人厭薄，此治本之法也。至於治標之法，一在嚴禁冒商，俾真商不至受累；一在疏通工路，使新來之工得以謀生海外。如此，不獨華民生計可紓，即中外邦交，從此愈固矣。」是年，中、日啟釁，美代中國保護在日本華商。明年，四川、福建教案相繼起，而古田案尤劇。美與英、法均請中國償款辦犯，議久不決。既而美使田貝函總署，稱有各國耶穌教人公舉在華辦理教務教士李提摩太惠志，繕冊摺擬呈查閱，請謁見，允之。

After ratification Yang Ru turned to the welfare of Chinese in America and memorialized: "Chinese laborers first came to America during the Xianfeng reign. It was not until much later that restrictions on workers were imposed. Westerners cited three social evils among Chinese in America: opium, gambling, and gang violence. These abuses must be vigorously stamped out. First, laws must be clearly stated and violators punished without China's offering shelter; Second, regulations must be explained so that people understood the restrictions stemmed from opium, gambling, and violence; so that the community might reform and cease to invite contempt—this was the fundamental remedy. Symptomatic remedies included strictly barring laborers posing as merchants, so genuine merchants would not suffer; and opening lawful channels so that new workers could earn a living abroad. In this way Chinese livelihoods would improve and Sino-American relations would grow firmer." That year war broke out between China and Japan, and the United States protected Chinese merchants in Japan at China's request. The following year missionary incidents erupted in Sichuan and Fujian, the Gutian case the most violent. The United States, Britain, and France all demanded indemnities and prosecutions; negotiations dragged on. Minister Denby then wrote the Zongli Yamen that Timothy Richard, nominated by foreign missionaries in China, wished to submit a memorial for review and requested an audience, which was granted.

二十三年，美人在上海侵佔租界外地。初，美所租同治初年止九百餘畝，後美領事西華自畫界，圈入未租民地萬餘畝。十月，兩江總督劉坤一飭將界線內東北未租地收回二千六百畝，而於西北界外所占之地未及清釐。至是，美領事在蘇州河邊自立界石，而河內地起建樓房。署兩江總督張之洞請與英、法界外侵佔同嚴禁，疏入，交議。

In 1897 Americans in Shanghai encroached on land beyond the concession boundary. The American lease at the start of the Tongzhi era covered only nine hundred-odd mu; later Consul George Seward drew his own boundaries, annexing more than ten thousand mu of unleased land. In October Governor-General Liu Kunyi recovered twenty-six hundred mu of unleased land in the northeast within the boundary, but land seized beyond the northwest line remained uncleared. The American consul then planted boundary stones along Suzhou Creek and began building on riverfront land. Acting Governor-General Zhang Zhidong memorialized for the same strict prohibition against British and French encroachments outside their concessions; the court referred it for deliberation.

二十四年，出使大臣伍廷芳見德與中國因膠州失和，請聯美，略謂：「美合眾為國，其保邦制治，國律以兼併他洲土地為戒。溯自海上用兵以來，美兵船皆由英軍牽率而至。，粵東議款，美實居間排解，遂得定盟。，英、法闌入大沽，毀我防具，美守前約，船由北塘駛入，呈遞國書，情詞謙遜，先換約而歸。是通商以來，美視諸國最為恭順。此次守約惟謹，不肯附和。雖因古巴議自主，檀島議兼隸，近在同洲，大局未定，不遑遠略，亦因與我交誼素篤，故不從合從之謀。若能聯絡邦交，深相結納，似與大局不無裨益。」又因檀香山歸併於美，請設領事，保護華民，略謂：「檀香山居太平洋之沖，前本君主，後改民主。近因弱小，求庇美邦，設為行省，美議院業經議行。此島華民不下三萬人，向由商董立中華會館，排難解紛。，曾令商董陳國萬為領事。後美禁華工抵埠，華民出洋，皆趨檀島，請設領事。」報可。

In 1898 Minister Wu Tingfang, seeing Sino-German relations rupture over Jiaozhou, urged aligning with the United States, writing in part: "By its national traditions and laws, the United States has always shunned the annexation of foreign territory. Since the Opium War, American warships had always followed British forces to China. At the Guangdong peace talks America served as honest broker and helped forge the treaty. When Britain and France stormed Dagu and smashed China's defenses, America kept its prior commitments, entered through Beitang, presented its credentials with courtesy, exchanged treaties, and withdrew. Since trade began, America has shown the most deference among the powers. On this occasion it observed treaties scrupulously and refused to join the coalition. True, Cuba and Hawaii preoccupied Washington and left little scope for distant adventures; yet its old friendship with China also kept it from joining the partition of China. Closer ties with America might therefore serve China's broader interests." Wu also petitioned for a consul in Hawaii to protect Chinese residents, writing in part: "Hawaii lies at the heart of the Pacific; it was once a monarchy and later became a republic. Weakness forced it to seek American protection; annexation as a territory had passed Congress. More than thirty thousand Chinese lived there, governed for years by a Chinese Chamber of Commerce that settled disputes. Chen Guowan, a chamber director, had once been appointed consul. After the United States barred Chinese laborers from its ports, emigrants bound overseas converged on Hawaii and again petitioned for a consul." The request was approved.

是年中國議修盧漢、粵漢、寧滬、寧漢四路，借款各國，美國原貸四百萬鎊於粵漢路，旋聘美工師勘路。二十六年，拳匪作亂，各國聯軍入京，既各國會議條款，美惟增教案、被議人員不准復用之條，餘未與附和。會俄與中國訂退還東三省約，中國復請美政府排解。明年，和議成，議償款四百五十兆，美所分得償金三十二兆九十三萬有奇，合美金二十四兆四十四萬餘元。除給商人損失及海陸軍費外，尚有溢出數十二兆七十餘萬元。美總統羅斯福向議院提議，溢出金仍還中國，助中國教育，即以此款為格致學生留美之用。議行牒中國，中國特遣專使唐紹儀赴美申謝。既而各國賠款欲改銀為金，以金價算。美為商勸各國，並謂眾議合索四百五十兆兩，由各國自行均派，中國不管其易作何項金錢，是此項賠款，照約載金價核算，即四百五十兆海關銀數，照約銀數付還，亦即與用金付給無異。美旋允照約還銀。

That year China planned four railways—the Beijing–Hankou, Guangzhou–Hankou, Ningbo–Shanghai, and Ningbo–Hankou lines—financed by loans from several powers. The United States had originally lent four million pounds to the Guangzhou–Hankou project and soon sent American engineers to survey the route. In 1900 the Boxers rebelled and allied troops entered Beijing. When the powers negotiated settlement terms, America insisted only on clauses covering missionary cases and barring implicated officials from office, and declined to endorse the other demands. When Russia and China signed a treaty on the return of Manchuria, China again asked Washington to help settle the dispute. The following year peace was concluded on an indemnity of 450 million taels. America's share came to slightly more than 32.93 million taels, equivalent to over US$24.44 million. After covering merchant losses and military expenses, a surplus of more than 12.7 million yuan remained. President Roosevelt asked Congress to return the surplus to China for education, specifically to fund Chinese science students studying in the United States. Congress approved the plan and notified Beijing. China sent Tang Shaoyi to Washington as a special envoy to convey its gratitude. The powers then sought to convert indemnity payments from silver to gold at prevailing gold rates. America intervened on China's behalf, arguing that since the powers had jointly fixed the total at 450 million taels and would divide it among themselves, Beijing need not worry about the currency of payment. Calculating the indemnity at the gold rate specified in the treaty—450 million taels of customs silver paid in the stipulated silver amounts—was, in effect, the same as paying in gold. America soon agreed to accept payment in silver as the treaty provided.

二十八年春三月，議各國商約，美使不原加稅至十五，免釐與否，聽中國自便。是年，命呂海寰、盛宣懷議美約，與美使迭次磋商，張之洞、劉坤一通電參酌，始定議。因上言釐定約款十七條，大致與英約相同，而其中得失損益，稍有區別。第一款曰駐使體制。美使原送約文，聲明駐使可以行文各省將軍、督撫、駐紮大臣；駮以美國向由外部轉行，中國亦系由外務部咨轉，不能兩歧，駮令刪去，改為中國駐使為美國優待，是以美使駐京，中國亦一律優待，以昭平允。第二款曰領事許可權。報施一如駐使，而聲明美國領事按例妥派，外務部按照公例認許，如所派不妥，或與公例不合，我即可不認，冀以挽回主權。第三款曰口岸利益。此系查照日本舊約，不能不許，因即比照日約核改妥協。第四款曰加稅免釐。此為全約主腦，美使初祗允加至值百抽十，並請我裁內地常關，又不提明銷場出廠等稅，以為中國主權所系，不欲有所幹礙，屢費磋商，動至決裂。臣等往復電酌，彼始允加至十二五，其所裁內地常關之稅，任我改抽出產稅以為抵補。竊思內地常關不過十餘處，各省土貨未必悉所經由。按照英約載明進出口貨加稅後，均得全免重徵，則內地常關亦祗能徵土貨運出第一道之二五半稅。若非第一常關，則並無稅可收。至土貨未經第一常關徵過二五半稅者，出口時仍須徵足七五之數，是常關雖裁，亦無大礙。今既任我改抽出產稅，則從源頭處抽收，較無遺漏，似更合算。當時尚以與英約兩歧為慮，美使自認將來勸英照辦，祗得允裁。至於銷場稅、出廠稅及議增之出產稅，美使雖不原詳載名目，而於專條中聲敘本款所載各節，毫無幹礙中國主權徵抽他等稅項之意，以渾括銷場等稅，保我主權。第五款曰稅則附表。彼請美國人在中國輸納稅項，較最優待之國，不得加重另徵。臣等索其增入中國人民在美國納稅亦如之一節。第六款曰准設關棧。系照英約酌辦。第七款曰振興礦務。前半悉照英約，彼請准美國人遵章開辦礦務。此本路礦衙門定章所許，因訂明美國人民辦理礦務居住之事，應彼此會定章程，以資鈐束。第八款曰存票抵稅。第九款曰保護商標。均與英約意義相等，而於存票款中聲明除去船鈔一項，以補英約所未及。第十款曰創制專照。此款深慮有礙中國工藝仿造，駮論再三，改為俟中國設立專管衙門，定有創制專律後，再予保護，其權仍自我操。第十一款曰保護版權。即中國書籍翻刻必究之意。與之訂明，若系美文由中國自繙華文，可聽刊印售賣；並中、美人民所著書籍報紙等件，有礙中國治安者，應各按律例懲辦，為杜漸防微之計。第十二款曰內港行輪。前兩節照英約大意，聲明嗣後無論何時修改，應由我查看酌辦；末節如奉天府安東縣開埠事，扼定自開，而辦法略有變通。第十三款曰改定國幣。將英約所附照會納稅仍照關平一節，增入款末。第十四款曰輯睦民教。教民犯法，不得因入教免究，並應遵納例定捐稅；教士不得干預中國官員治理華民之權，詳晰列明，冀資補救。第十五款曰治外法權。第十六款曰禁止嗎啡鴉片。皆我索其增添，與英約一律。第十七款曰修約換約期限。系照立約通例。復於約款之外，另行訂附件三端：一為內地徵抽鴉片、鹽斤稅捐之事，及保全稅捐防範走漏之法，均任由中國政府自行辦理；二為所留通商口岸之常關，設立分關，保持稅餉；三為申明第五款所載稅則附表，即前定切實值百抽五之稅則，至內地常關雖裁，並不藉此以裁北京崇文門並各城門及左右翼等處之稅，由美使備一照會存案。又第四款不礙徵抽他等稅項一語，尚涉籠統，由我備一照會，聲明他等稅項，即系包括銷場、出廠及改抽之出產各稅，應仍聽中國自行辦理。彼亦復一照會，言明彼此意見相同，分別簽押蓋印。是為中美商約，一名通商行船條約。

In the spring of 1902, as the powers renegotiated their commercial treaties, the American minister refused to raise import duties to 15 percent and left the question of abolishing likin to China's discretion. That year Lü Haihuan and Sheng Xuanhuai were charged with negotiating the American treaty. After repeated talks with the minister and telegraphic guidance from Zhang Zhidong and Liu Kunyi, terms were finally settled. They memorialized the throne on the seventeen agreed articles, which broadly matched the British treaty though with some differences in what China gained or conceded. Article One addressed the protocol governing resident ministers. The American draft originally allowed the minister to address provincial governors, governors-general, and resident commissioners directly; China objected that American practice routed such correspondence through the State Department, just as China routed it through the Ministry of Foreign Affairs, and the two systems could not diverge. The clause was struck and replaced with a pledge of reciprocal preferential treatment: China's minister in Washington would be accorded special courtesy, and America's minister in Beijing would receive the same. Article Two covered consular exequatur. Reciprocity matched the ministerial article, but the treaty stipulated that American consuls must be properly appointed and recognized by the Ministry of Foreign Affairs according to international practice. If an appointee was unsuitable or irregular, China could withhold recognition—a small step toward recovering sovereign control. Article Three covered treaty-port privileges. This followed the old Japanese treaty and could not be refused outright; China therefore revised it by reference to the Japanese agreement into an acceptable compromise. Article Four addressed raising import duties and abolishing likin. This was the heart of the treaty. The American minister initially agreed only to a 10 percent ad valorem tariff and pressed China to abolish inland native customs posts, while saying nothing about sales taxes, factory taxes, or the like—matters China regarded as sovereign and not open to foreign interference. The talks dragged on for so long that they repeatedly neared collapse. After repeated telegraphic exchanges among the negotiators, the Americans finally agreed to 12.5 percent ad valorem and allowed China to replace abolished native customs revenue with a production tax. In our view, inland native customs posts numbered only a dozen or so, and provincial native goods did not necessarily pass through them all. Under the British treaty, goods that had paid the higher import or export duty were exempt from further levies; inland native customs could therefore collect only the 2.5 percent transit duty on native goods at the first barrier outbound. Posts beyond the first barrier could collect nothing at all. Native goods that had not paid the 2.5 percent duty at the first post would still owe the full 7.5 percent on export, so abolishing the inland posts would not cost much revenue. Since China was free to levy a production tax instead, collection at the source would be more complete and, on balance, preferable. China still worried about diverging from the British treaty, but the American minister pledged to persuade Britain to follow suit, and Beijing reluctantly agreed to the abolition. On sales taxes, factory taxes, and the new production levy, the American minister would not list them by name, but a special article declared that nothing in this article impeded China's sovereign right to levy such taxes—a broad formula that preserved China's authority over sales and related levies. Article Five covered the tariff schedule annex. The Americans sought a guarantee that their nationals in China would pay no higher duties than those accorded the most-favored nation. The negotiators insisted on adding a reciprocal clause guaranteeing the same treatment for Chinese subjects paying taxes in the United States. Article Six permitted bonded warehouses. This followed the British treaty with appropriate adjustments. Article Seven addressed mining development. The first half followed the British treaty; the Americans sought permission for their nationals to open mines under Chinese regulations. This was already allowed under Board of Mines regulations, but the treaty stipulated that rules governing where Americans engaged in mining might live would be fixed by mutual agreement. Article Eight covered deposit receipts applied against duties. Article Nine covered trademark protection. Both matched the British treaty in substance, but the deposit-receipt article explicitly excluded tonnage dues—a point the British treaty had left unaddressed. Article Ten covered patents for inventions. China feared this article would block domestic imitation of foreign manufactures. After prolonged objection, it was revised to defer patent protection until China established a dedicated office and enacted patent law, leaving the authority in Chinese hands. Article Eleven covered copyright protection. This meant unauthorized reprinting of Chinese books would be prosecuted. The treaty stipulated that if Chinese publishers translated an English work into Chinese on their own, they might print and sell it; and that books, newspapers, and other writings by Chinese or American authors that threatened public order in China would be punished under law—a precaution against trouble before it spread. Article Twelve covered steam navigation on inland waterways. The first two sections followed the British treaty in substance, reserving to China the right to review and decide any future modifications; the final section, on opening Andong in Fengtian, treated it as a port opened by China itself, with slightly modified procedures. Article Thirteen addressed reform of the national currency. A clause from the British treaty's attached note—that duties would still be paid in kuping taels—was added at the end of the article. Article Fourteen addressed relations between the people and the missions. Christian converts who broke the law could not claim immunity on religious grounds and remained liable for prescribed taxes and levies; missionaries were barred from interfering with Chinese officials' authority over Chinese subjects. The provisions were spelled out in detail in hope of remedying past abuses. Article Fifteen covered extraterritorial jurisdiction. Article Sixteen prohibited morphine and opium. All three were additions China had demanded, matching the British treaty. Article Seventeen fixed the term for treaty revision and exchange. This followed standard treaty practice. Three supplementary attachments were also agreed beyond the main articles. First, inland levies on opium and salt, and measures to secure revenue and prevent evasion, were left entirely to the Chinese government; second, branch native customs posts would be established at treaty ports to preserve revenue; third, the tariff schedule annex in Article Five was confirmed as the previously fixed 5 percent ad valorem schedule, and although inland native customs were abolished, this would not affect levies at Beijing's Chongwen Gate, the city gates, or the Left and Right Wings—a point recorded in a note from the American minister. The phrase in Article Four that other taxes were unaffected remained too vague, so China issued a note clarifying that "other taxes" included sales, factory, and production levies, all of which remained under Chinese control. The Americans replied with a note affirming mutual agreement, and both notes were signed and sealed. This became the Sino-American commercial treaty, also known as the Treaty of Trade and Navigation.

三十年春，美公司背約私售粵漢股票於比利時，允比在湘造湘陰過常德至辰州一路。張之洞致湖南巡撫趙爾巽請力阻，並援合同第十七條專認美公司，不得轉與他國人為主旨。湘人議自承辦，稟請廢約，趙爾巽力主之。時張之洞已奉廷寄廢約，遂以三省紳民力持廢約電致盛宣懷。宣懷旋電出使大臣梁誠牒美外部，略謂：「美公司顯背合同，必應作廢。續約十七款不得轉售他國。現查底股，比、法居多，事權他屬。正約四十款禁別人侵壞合同，現派非美公司之錫度來華干預。全路工程逾限，廣州一節，逾估甚钜，請牒外務部註銷正續合同。」美政府覆牒允註銷合同，仍不允廢約。既而美公司舉前兵部路提等代議路事，中國亦延美前外部大臣福士達、鐵路律師良信等與之辯，始允再集股東議售股本購價，及合同特權等費，必須付現，又索賠給工程司執事人等合同未滿撤退，及註銷訂購物料合同之用二十五萬。久不決。至三十一年夏，始簽字。久之，始以美金六百七十五萬元還美，再加利息，定議簽押。時粵民因美禁華工，並苛待留美商民，私議抵拒美貨，不果。三十二年，遣學生赴美留學。三十三年，美教士在河南信陽州所屬雞公山購地造房，豫撫張人駿執條約公法教規與爭，始允撤房退地停工，卒延未撤銷。

In the spring of 1904 the American company breached its contract by secretly selling Guangzhou–Hankou railway shares to Belgium and authorizing a Belgian-built line in Hunan from Xiangyin via Changde to Chenzhou. Zhang Zhidong urged Hunan governor Zhao Erxun to block the deal, citing Article Seventeen of the contract, which recognized the American company exclusively and forbade transfer to foreign nationals. Hunan gentry proposed to build the line themselves and petitioned to annul the contract; Zhao Erxun strongly backed them. Zhang Zhidong had already received an imperial order to annul the contract and telegraphed Sheng Xuanhuai that gentry and people across three provinces were firmly demanding cancellation. Sheng Xuanhuai soon instructed Minister Liang Cheng to notify the State Department, writing in part: "The American company has clearly breached the contract and it must be voided. Article Seventeen of the supplementary agreement forbids resale to other countries. Examination shows Belgian and French shareholders now hold the majority, putting control in foreign hands. Article Forty of the main contract forbids third parties from interfering, yet a non-company agent named Situ has been sent to China to intervene. Construction is overdue and the Guangzhou section far exceeds its budget. We request that the Ministry of Foreign Affairs be notified to cancel both the main and supplementary contracts." Washington replied that it would cancel the contracts but still refused to annul the underlying agreement. The American company then appointed former railway officials to negotiate on its behalf. China retained former Secretary of State John W. Foster, railway lawyer Goodnow, and others to represent its interests. The company finally agreed to reconvene shareholders to fix the purchase price for the capital stock and contract privileges—all payable in cash—and also demanded US$250,000 to cover engineers and staff withdrawn before the contract expired and canceled material orders. Talks dragged on without resolution. Not until the summer of 1905 was an agreement signed. After further delay, China finally agreed to pay US$6.75 million plus interest, and the settlement was signed. Cantonese, angered by the Chinese Exclusion Act and mistreatment of Chinese merchants in America, privately discussed boycotting American goods, but the movement failed to take hold. In 1906 China sent the first Boxer Indemnity students to the United States. In 1907 American missionaries bought land and built at Jigong Mountain near Xinyang, Henan. Governor Zhang Renjun invoked treaty law and missionary regulations in protest. The missionaries initially agreed to demolish the buildings, return the land, and halt construction, but the matter dragged on unresolved.

三十四年八月，與美訂立公斷專約。初，美使康格曾奉其總統命，向中國提議，與英、法一律訂立公斷專約。嗣以美總統與議院意見不合，英、法約作廢，因罷議。至是第二次和會和解紛爭之約，又已畫押，各國多互訂公斷專約，美亦與英、法、日本訂約，中國即電致出使美國大臣伍廷芳，向美廷提議，遂訂條約四款，凡關於法律意義或條約解釋，為外交法不能議結者，皆屬之。換約以五年為限。是年美約請各國在滬會議禁鴉片事宜，中國命南洋大臣端方等蒞會。

In August 1908 China and the United States signed a special arbitration treaty. Minister Conger had earlier been instructed by his president to propose a special arbitration treaty on the same terms as Britain and France. When the president and Congress deadlocked, the British and French treaties lapsed and talks were suspended. By then the Hague Convention on Pacific Settlement of Disputes had been signed, and many powers—including America, Britain, France, and Japan—had exchanged arbitration treaties. Beijing telegraphed Minister Wu Tingfang in Washington to propose negotiations, and the two sides signed a four-article treaty covering disputes over legal meaning or treaty interpretation that ordinary diplomacy could not resolve. The treaty was to be exchanged within five years. That year America invited the powers to a Shanghai conference on opium suppression, and China dispatched Nanyang grand minister Duanfang and others to attend.

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