1
奧斯馬加即奧地利亞，久互市廣東，粵人以其旗識之，稱雙鷹國。 ，遣使臣畢慈來華，介英使阿禮國請立約，並呈其君主敕諭，欲在京議約。 總署以在京議約與歷來各國成案不符，應先照會三口通商大臣，由三口通商大臣請旨。 奧使遞照會三口通商大臣崇厚以聞。 朝議許之，命總理各國事務衙門大臣、兵部尚書董恂會同崇厚辦理。 奧使呈所遞條約四十九款，大致均從各國內採集而成。 董恂等於應刪應添各節，逐一改定，而奧使於恂所添「商人不准充領事官」一語，不原列入約，於恂所刪傳教一條仍列入約。 迭議不決。 久之，奧使始允刪傳教一條，而于「商人不准充領事官」一節，仍欲另備照會，于畫押日一同呈遞，許之。 遂訂定和約四十五款，通商章程九款，稅則一冊。 是年奧夾板船名伊來撤各利亞，用英國旗號，私運外國鹽一百餘包，計重二萬餘斤，進口。 天津稅務司函致總署。 總署以奧船運鹽進口，顯違條約，應查拏，並知照英領事前往查起。 十年九月，奧換約屆期，使臣嘉理治照會總署請換約，特旨派江蘇布政使恩錫赴上海互換。 嗣因約本內漢文所載善後章程第五、第八兩款，均有引用條約「第八條」字樣，其奧文內皆誤寫作「第一條」； 又稅則進口項下呀闌治木，漢文載明長不過「三十五幅地」，奧文誤寫作「五十五幅地」； 又羽綾、羽紗、羽綢、小呢等類，漢文載明「每丈」，奧文誤寫作「每疋」，須更改。 至十一年六月始竣事。 十一年，奧使照會總署，以接奉本國文，稱去歲本國出有政令，自七月十七日起，凡量奧斯馬加各樣海船噸數之法，皆與英國丈量噸數之法相同，請劄知總稅務司轉知各口海關遵行。 十二年，穆宗親政，奧隨各國公使覲見。
Osimaga—that is, Austria—had long traded at Guangdong. Cantonese knew the realm by its banner and called it the Country of the Double Eagle. It then sent the envoy Bizhi to China. Introduced by the British minister Alcock, he asked to conclude a treaty, presented his sovereign's instructions, and sought to negotiate in Beijing. The Zongli Yamen replied that treaty talks in Beijing ran counter to precedent for foreign states, and that the Minister for the Three Treaty Ports should first be notified so he could seek imperial instructions. The Austrian envoy forwarded a note to Chonghou, Minister for the Three Treaty Ports, for transmission to the court. The court approved the arrangement and ordered Dong Xun, a grand minister of the Zongli Yamen and Minister of War, to conduct the negotiations together with Chonghou. The Austrian envoy submitted the forty-nine-article treaty he had brought, compiled for the most part from other nations' agreements. Dong Xun and his colleagues revised every clause slated for deletion or addition. The Austrian envoy refused to accept Dong's insertion that merchants might not serve as consuls, but insisted on retaining the missionary article Dong had struck out. Round after round of talks ended without agreement. Eventually the Austrian envoy agreed to drop the missionary clause. On the question of merchants serving as consuls, he still wanted a separate note filed on the day of signing, and the Chinese side consented. They then finalized a treaty of forty-five articles, nine articles of commercial regulations, and a volume of tariff schedules. That same year the Austrian schooner Eleutheria entered port under the British flag, having smuggled in more than a hundred bales of foreign salt totaling over twenty thousand jin in weight. The Tianjin customs superintendent reported the matter to the Zongli Yamen. The Yamen ruled that importing salt on an Austrian ship plainly breached the treaty, ordered a seizure and investigation, and instructed the British consul to take up the case. In the ninth month of the tenth year the Austrian treaty came due for renewal. Minister George petitioned the Yamen, and the throne specially appointed En Xi, Jiangsu provincial administration commissioner, to exchange instruments at Shanghai. The exchange was delayed because articles 5 and 8 of the supplementary regulations in the Chinese text referred to 'Article 8' of the treaty, whereas the Austrian text erroneously read 'Article 1' throughout; under the tariff's import list for alang wood, the Chinese version capped length at thirty-five fathoms, but the Austrian text gave fifty-five; for feathered damasks, gauzes, silks, and small woolens, the Chinese text measured duty 'per zhang' while the Austrian read 'per bolt,' and these too required correction. The exchange was not completed until the sixth month of the eleventh year. In the eleventh year the Austrian minister wrote to the Yamen with word from home that, from the seventeenth day of the seventh month of the previous year, Austrian vessels were to be tonned by the same rules as British ships, and asked that the Inspector General notify every customs house accordingly. In the twelfth year, when Emperor Muzong took up personal rule, the Austrian minister joined the other foreign envoys in formal audience.
2
二十年四月，許景澄照會奧與俄、德、和等外部，申明總署現章，酌定洋機進口稅文。 十月，皇太后六旬壽，奧使隨各使呈遞國書致賀，上見之於文華殿。 二十一年，奧主叔父病故，許景澄請旨致唁，許之。 二十二年十月，以都察院左都御史楊儒充出使俄奧和大臣。 十一月，駐德奧使送節略，稱奧廷擬派瓦耳布倫為駐京專使，請中國國家允認，中國派使駐奧亦如之。 二十三年四月，奧使齊干覲見上於文華殿。 二十六年春三月，命內閣學士桂春使俄兼使奧。 七月，拳匪之變，奧兵隨德、美、法、英、意、日、俄聯軍入京師。 二十八年四月，三品卿吳德章充出使奧國大臣。 二十九年，代以山東道員楊晟。 三十年十月，奧使齊幹覲見上於皇極殿。 三十一年八月，以三品京堂李經邁充出使駐奧大臣。 三十二年三月，奧使顧新斯基覲見上於乾清宮。 三十三年七月，以外務部參議雷補同充出使駐奧大臣。 秘魯在南亞美利加洲。 ，秘魯國瑪也西船私在澳門拐華民二百餘人，行抵日本橫濱，經日本截留訊辦，知會中國派員前往。 時通商大臣何璟派補用同知知縣陳福勳偕英、美兩領事派員前往，旋各運回，並謝日本。
In the fourth month of the twentieth year Xu Jingcheng circularized the Austrian, Russian, German, and Dutch foreign offices with the Yamen's current rules and the agreed import tax on foreign machinery. In the tenth month, for the Empress Dowager's sixtieth birthday, the Austrian minister joined the other envoys in presenting congratulatory state letters, and the Emperor received them in the Wenhua Hall. In the twenty-first year, when the Austrian emperor's uncle died, Xu Jingcheng sought permission to offer condolences, and the court assented. In the tenth month of the twenty-second year Yang Ru, Left Censor-in-Chief of the Censorate, was appointed envoy to Russia, Austria, and the Netherlands. In the eleventh month the minister accredited to Germany and Austria reported that Vienna intended to send Walbrunn as resident minister in Beijing and asked for China's recognition, with a reciprocal Chinese minister at Vienna. In the fourth month of the twenty-third year Minister Qigan of Austria was received in audience at the Wenhua Hall. In the third month of spring in the twenty-sixth year Gui Chun of the Grand Secretariat was appointed envoy to Russia with concurrent accreditation to Austria. In the seventh month, amid the Boxer crisis, Austrian forces marched into Beijing with the German, American, French, British, Italian, Japanese, and Russian allies. In the fourth month of the twenty-eighth year Wu Dezang, a third-rank official, was appointed minister to Austria. In the twenty-ninth year Yang Sheng, a Shandong circuit intendant, took his place. In the tenth month of the thirtieth year Minister Qigan was received in audience at the Huangji Hall. In the eighth month of the thirty-first year Li Jingmai, a third-rank capital official, was named resident minister to Austria. In the third month of the thirty-second year Minister Guxinski was received in audience at the Qianqing Palace. In the seventh month of the thirty-third year Lei Bu, counselor in the Ministry of Foreign Affairs, was named co-minister resident in Austria. Peru is located in South America. A Peruvian ship, the Maria, had secretly seized more than two hundred Chinese laborers at Macao. When it reached Yokohama, Japan detained the vessel, investigated the case, and invited China to send officials. Trade Minister He Jing then sent Acting Subprefect Chen Fuxun with British and American consular officers. The workers were soon repatriated, and China thanked Japan for its intervention.
3
十二年，秘魯遣使來華議立約。 已而秘使葛爾西耶到津謁李鴻章，鴻章詰以虐待華工等事，不允相商。 秘使旋以本國新立雇工章程，實無淩虐情事，牒鴻章。 鴻章覆牒，謂：「貴國新立雇工章程雖尚公道，但查同治八年、十年間，華民公稟內所稱『苛求、打罵、枷鎖、饑寒，雖立合同，而章程虛設，雖曰送回，而限滿無歸』等語，是即保護華工未能照辦之證據也。 又來文所載一千八百五十五年八月十四日議立搭客船規，不准載大幫之人。 查，日本國扣留秘魯瑪也西船，載有拐買華民二百三十人之多，據各國領事公同訊問，船主苛酷相待，飲食不繼，並有割去辮髮、鞭打囚禁等事。 又據粵海關稅務司報稱，『，秘魯船一隻在澳門販載華工三百十三人，同治十年，秘魯船十三隻在澳門販載華工五千九百八十七人，同治十一年，秘魯船十九隻在澳門販載華工九千三百八十一人』。 此皆系大幫，秘國並不查禁。 近又據粵海關稅務司報稱，『本年七月間，廣東省城黃埔河面有秘魯船七隻前來招工，因其違背通行章程，諭令驅逐出口』。 以上各節，是又帆船禁載大幫華人未能照辦之證據也。 查上年中國通行各國照會內載，凡系無約各國，一概不准設局招工，其船隻不准搭載華工出洋。 即有約各國，亦不准在澳門招工。 均經各國知照在案。 秘國向系無約之國，照章不准裝載華人出口。 乃昨據貴大臣面稱，現載往秘魯華人已有十萬餘人，明系違背公法。 況華民在秘魯重受淩虐，曾兩次公稟美國欽差轉達總理衙門，是以日前疊據英、美、法各大臣述知貴大臣欲來華議約，即經總理衙門王大臣照覆各國，以『秘魯向來專以拐販華工為事，華工受盡痛苦，其相待中國情形與別國不同，必須與伊國說明，先將所招華工全數送回中國，並聲明不准招工，方能商議立約，否則實難辦理』等語。 想貴大臣必已與聞，無煩贅述。」
In the twelfth year Peru dispatched an envoy to China to negotiate a treaty. Soon afterward Peruvian Minister Gelcier called on Li Hongzhang at Tianjin. Li confronted him over abuses of Chinese workers and declined to enter talks. The envoy promptly wrote to Li, citing Peru's new labor regulations and insisting that no abuse had occurred. Li replied that although Peru's new labor code seemed fair on paper, petitions from Chinese subjects in the eighth and tenth years of Tongzhi had complained of 'harsh demands, beatings, shackles, hunger and cold; contracts signed but rules ignored; repatriation promised but never delivered when terms expired'—clear proof that worker protection had not been enforced. Your note also cited passenger-ship rules adopted on 14 August 1855, which barred transporting laborers in large gangs. Japan's detention of the Maria revealed more than two hundred thirty kidnapped Chinese aboard. Consuls of several nations jointly examined the crew and found the captain brutal, rations inadequate, and workers subjected to queue-cutting, flogging, and confinement. Customs at Guangdong further reported that one Peruvian ship had taken 313 workers from Macao; in the tenth year of Tongzhi, thirteen Peruvian ships removed 5,987; in the eleventh year, nineteen ships took 9,381. Each case involved mass shipments that Peru never investigated or stopped. Customs also reported that in the seventh month of this year seven Peruvian ships had come to Huangpu to recruit labor and were expelled for violating current regulations. These facts again show that Peru has ignored its own ban on mass shipments of Chinese labor. Last year's circular to all powers had declared that states without treaties might neither open recruitment offices nor carry Chinese workers abroad. Even treaty powers were forbidden to recruit at Macao. Every power had been duly notified. Peru has never had a treaty with China and therefore may not export Chinese labor under these rules. Yet you yourself said yesterday that more than a hundred thousand Chinese are already in Peru—an open breach of international practice. Chinese in Peru have moreover been cruelly abused and twice appealed through the American minister to Beijing. When British, American, and French ministers lately reported your wish to negotiate, the Zongli Yamen replied to all legations that Peru had long trafficked in kidnapped labor, that its workers had suffered beyond endurance, and that China would treat Peru differently from other powers: every recruited worker must be sent home and further recruitment forbidden before any treaty talks—otherwise negotiations were impossible. You will already have heard this; I need not elaborate."
4
旋據函稱遵照總署原議，先將所招華工全數送回中國，自可妥商。 鴻章訂期會議，屆時不至，鴻章責之。 復請期，鴻章因再約期，至日，秘使偕愛勒謨爾秘妥士來。 適同知容閎由美國回津，鴻章令閎與議。 秘使將鴻章原函取出，逐條剖辨，謂無苛待情事； 又謂中國既令無約之國不准招工，是以本國亟派使前來議約，以後自必照約互相稽查保護。 並稱華工送回，可於約內聲明，除華人在秘魯設肆寓居，自不原歸，無庸送回，其餘工人等合同限滿，即令原主送回，分別辦理。 容閎因言美國向例，無立合同年限雇工之事。 華民在金山等處傭工，去留自便，美官不能勉強勒掯。 即有先立合同者，若不原當，隨時將合同繳銷，作為廢紙。 秘國亦應照辦。 秘使允商辦。 鴻章仍以拐去華民為言。 秘使怫然，謂即回國。 屢議不決。
The envoy soon wrote that if Peru followed the Yamen's terms and repatriated every recruited worker, talks could proceed in good order. Li fixed a date for negotiations, but the envoy failed to appear and was rebuked. He requested another meeting; Li set a new date, and on the appointed day the envoy arrived with Elmore, the Peruvian interpreter. Subprefect Rong Hong had just returned from the United States, and Li directed him to take part in the talks. The envoy produced Li's letter and answered each point, denying any mistreatment; he added that because China barred recruitment by states without treaties, Peru had hurried an envoy to Beijing and would thereafter enforce mutual oversight under a treaty. Repatriation, he said, could be written into the treaty: merchants and residents who chose to stay need not return, but when other contracts expired the original employers must send workers home, case by case. Rong Hong noted that in the United States laborers were not bound by fixed-term contracts. Chinese workers in California and elsewhere were free to come and go, and American officials could neither compel nor detain them. Even when a contract existed, an unwilling worker could cancel it at any time. Peru should follow the same practice. The envoy agreed to discuss the point. Li continued to press the issue of kidnapped Chinese. The envoy took offense and threatened to leave for home. Meeting after meeting ended without agreement.
5
十三年三月，復與秘使接議，秘使自交所擬條約，鴻章不受。 久之，始定查辦華工專條，其文曰「現因秘國地方有華民多名，且有稱華民有受委屈之處。 茲會同商訂，先立通商條款，和好往來，庶幾彼此同心。 由中國派員往秘，將華民情形澈查，並示諭華工，以便周知一切，秘國無不力助，以禮接待。 如查得實有受苦華工，合同年限未滿，不拘人數多寡，均議由委員知照地方官。 雇主倘不承認，即由地方官傳案訊斷。 若華工仍抱不平，立許上告秘國各大員，再為覆查。 凡僑寓秘國，無論何國人民，呈稟式樣最優者，華工應一體均霑其益。 自秘國核定此項章程之日起，凡華工合同已經期滿，若合同內有雇主應出回國船腳之議，該工人有原回國者，即當嚴令雇主出資送回。 又各華工合同若無送回字樣，合同已滿期，該工人無力自出船資，有原回國者，秘國應將該工人等附華船送回，船資無須工人自備，秘國自行料理」云云。
In the third month of the thirteenth year negotiations resumed. The envoy submitted his own draft, which Li rejected. Eventually they agreed on a special article on Chinese labor. It began: 'Many Chinese now live in Peru, and complaints of injustice have been raised. Both sides therefore agreed to open with commercial clauses and friendly intercourse, so that they might work in concert. China would send commissioners to Peru to investigate conditions thoroughly and notify workers of their rights; Peru would assist fully and receive the commissioners courteously. Where suffering workers were found, whether contracts had expired and regardless of numbers, commissioners would notify local authorities. If employers disputed the matter, local officials would hear the case. Workers who remained aggrieved might appeal to senior Peruvian officials for a fresh review. Chinese workers would enjoy the most favorable petition procedures granted to any foreign community in Peru. From the date Peru approved these rules, whenever contracts expired and required employers to pay return passage, workers who wished to go home would be repatriated at employer expense. Where contracts lacked repatriation clauses, expired workers who could not pay passage but wished to return would be sent home on Chinese ships at Peru's expense,' and so on.'
6
復將通商條約十九款及已訂查辦專條改定，因致總署，謂：「在秘使之意及各國公論，彼既允定查辦資遣華工專條，是秘魯已予中國以便宜，我亦當照各國和約，允以一律。 現訂通商十九款，大致亦與西約詞意略同。 然均經鴻章逐條酌改，如各約篇首所稱『互相較閱，俱屬妥當』或『妥善』字樣，轉覺不妥，茲將『俱屬妥協』四字刪去。 各約欽差駐京往來，有彼國而無我國，茲先載明中國欽差。 各約領事官無商人不准兼充明文，茲添『不得委商人代理』。 各約遊歷通商執照，秘使不肯刪通商貨物字樣，茲特添入『貨物應照報單章程辦理』。 各約多以英、法文為憑，茲改『彼此各用本國文字，亦可兼看英文』。 其餘凡通商、納稅、兵船、商船、控告、詞訟各節，均將中國一面敘入。 所最要者，招工流弊無窮。 澳門販運已久，華工既在秘國受苦，以前雖允查辦，以後若仍開招，害將何所底止？ 茲會訂第六款，上半節照美國續約，云『別有招致之法，均非所准』，下復添敘『不准在澳門及各口岸勉強誘騙中國人運載出洋，違者其人嚴懲，船隻罰辦』等語。 嗣後中國但能照約嚴禁，不獨秘魯不敢違犯，即各國招工之舉，亦得援引辨證。 又前訂查辦華工專條，商令派員前往，秘使允即遵照。」
Li then revised the nineteen commercial articles and the labor investigation clause and reported to the Yamen: 'The envoy and foreign opinion alike held that by accepting investigation and repatriation Peru had made a major concession; China should therefore grant standard treaty terms. The nineteen commercial articles largely followed Western treaty language. Yet Li revised every article—for example deleting the formula 'mutually compared and found satisfactory' that opened other treaties. Other treaties named only foreign ministers in Beijing; this text explicitly recognized China's minister. Where other treaties were silent on merchants serving as consuls, Li added 'merchants may not be appointed as agents.' The envoy refused to remove trade-goods language from travel permits, so Li added 'goods must be declared under manifest rules.' Where other treaties privileged English and French, Li stipulated that each side would use its own language, with English available for reference. Every remaining clause on trade, taxes, warships, merchant shipping, complaints, and litigation was revised to protect China's interests. Most critical was the endless abuse of labor recruitment. Macao had long been a hub of the trade; workers already suffered in Peru. Investigation alone would mean little if recruitment resumed—where would the harm end? Article 6 followed the American supplementary treaty—'no other method of recruitment is permitted'—and added that coercion or deception at Macao or any port was forbidden, with severe penalties for offenders and vessels. If China enforced the clause, Peru would not dare violate it, and other powers' recruitment practices could be challenged by precedent. On the earlier labor investigation article, officials were to be sent, and the envoy promised immediate compliance."
7
旋派容閎往查辦。 容閎查辦訖，報告華工到彼，被賣開山、種蔗，及糖寮、鳥糞島等處虐待情形，合同限內打死及自盡、投火爐糖鍋死者甚多，實可慘憫。 會屆換約之期，秘魯遣使臣愛勒謨爾來華求換約。 ，派巡撫丁日昌為換約大臣。 日昌謂：「去年中國所以與秘國立約者，因秘國葛使照會內言秘國設有新章新例，保護華民，盡除弊端。 乃立約之後，派員前往秘國確查，始知華工受屈，顯與條約內保護優待之例相背。 甫經立約，而秘國即種種違約，是不能不加一照會，聲明換約後即當遵約辦理，再不能仍照從前之淩虐。」 秘使聞之，不待辭畢，即怫然去。 日昌以秘使無禮，因致總署，請暫緩換約。
Rong Hong was promptly sent to Peru to investigate. Rong's report described workers sold to mines, cane fields, sugar mills, and guano islands, abused throughout their contracts, beaten or driven to suicide, or killed in furnace fires and boiling vats—a record of appalling suffering. When the treaty came due for renewal, Peru sent Minister Elmore to request an exchange of instruments. Governor Ding Richang was appointed to exchange the treaty. Ding said: 'China signed last year because Minister Gelcier's note promised new regulations to protect Chinese subjects and end every abuse. Yet the commissioners sent afterward found workers still abused, in plain violation of the treaty's promises of protection and fair treatment. Hardly was the treaty signed when Peru broke it in multiple ways. Ding insisted on a note requiring compliance after renewal and an end to the old abuses." The envoy, hearing this, left in a rage before Ding had finished. Ding reported the envoy's discourtesy to the Yamen and asked to delay the exchange.
8
四年，秘魯因澳門停止招工，香港英總督又申嚴禁，秘魯乃赴廣東省城與美商同孚洋行私立運載華工合同，五年為期，每年得船費洋銀十六萬圓，設局招誘。 粵督聞之，即予查禁。 秘使詣天津謁鴻章，拒之。 時出使大臣為陳蘭彬，雖由美使兼日秘，並未赴秘。 七年，以津海關道鄭藻如為出使美日秘大臣。 十年五月，始由美赴秘，謁總統遞國書，開辦使署於利馬都城，奏派參贊一員代辦使事。 又於嘉理約海口設領事一員，管理華民事宜，仍禁絕招工，並咨請查拿廣州城外私設招工行棧。 十二年，鄭藻如歸，迭以傅雲龍、張廕桓、崔國因、楊儒充公使。 又增設代理領事十，就秘笈中之廉正者充之，遇事報使署，由參贊區處，公使仍不駐秘。 二十一年，秘總統即位，各國均有國書致賀，介由美使請總署代達。 二十二年，始頒國書。 二十三年六月，駐秘代辦李經敘行抵嘉理約，因疫疾盛行恐傳染，阻止入口，從秘制也。 久之始聽入。 時公使楊儒赴秘遞國書，秘外部先派護衛大臣一員在嘉理約迎伺，隨派火車接至利馬，又派副外部在車站迎伺。 遞書日又用宮車迎接。 公使遞國書，他國均用軍裝佩劍。 中國以秘系民主，沿例用行裝，行鞠躬禮，致頌詞，秘主答頌如禮。
In the fourth year, with Macao and Hong Kong both tightening bans, Peru went to Guangzhou and privately contracted with Russell & Co. to ship laborers for five years at 160,000 dollars a year in freight, operating a recruitment office. The Guangdong governor-general promptly investigated and banned the operation. A Peruvian envoy called on Li Hongzhang at Tianjin and was turned away. Minister Chen Lanbin was accredited to the United States with concurrent charge of Japan and Peru but never visited Peru. In the seventh year Zheng Zaoru, Tianjin customs intendant, became minister to the United States, Japan, and Peru. In the fifth month of the tenth year he reached Peru from the United States, presented credentials to the president, opened a legation in Lima, and appointed a counselor to manage affairs. A consul was posted at Callao for Chinese affairs. Recruitment remained banned, and officials were asked to raid illegal hiring offices near Guangzhou. Zheng returned in the twelfth year; Fu Yunlong, Zhang Yinhuan, Cui Guoyin, and Yang Ru later served as ministers. Ten acting consuls, chosen from respectable Peruvians, reported to the legation counselor while the minister remained non-resident. In the twenty-first year Peru's new president received congratulatory letters from all powers; Peru asked the American minister to forward China's through the Yamen. China issued formal credentials in the twenty-second year. In the sixth month of the twenty-third year Acting Minister Li Jingxu reached Callao but was barred from landing because of epidemic quarantine rules. Entry was permitted only after a long delay. Minister Yang Ru went to present credentials. Peru sent a guard officer to Callao, a train to Lima, and a vice-minister to the station. On presentation day a state carriage was provided again. Other envoys presented credentials in military uniform with swords. As Peru was a republic, the Chinese envoy wore ordinary dress, bowed, delivered congratulations, and received a formal reply.
9
二十四年，利馬華人在香港辦貨，秘駐港領事照驗加戳。 向例戳費值百抽一，至是增加，又改用金鎊，比前增逾倍。 華商以秘違例，請秘外部飭知港領事照向例核收，又籥請于駐秘代辦謝希傅。 於是照會秘外部，謂：「貨單戳費向有定章，值百抽一，又為萬國通例。 貨本用金用銀，各國不一，而抽費皆按此為衡。 即就利馬論，麥面一項由智利販運者，抽費俱按智洋，洋貨各項由英倫販運者，抽費俱按金錢，載在秘國稅則，眾所共知。 乃同一抽費，於智於英皆就地照抽，獨至香港一處忽示歧異，於理不解。 或謂香港為英屬口岸，應改金鎊，則粵商貨本亦應升算金錢，方與通商各國一律，應請批示。」 秘外部不允批示。 旋稱港銀成色太低，換兌金鎊虧損過多。 謝希傅告以一律改從金鎊，華商亦所甚原。 秘外部始允收費按照貨本，一律改從金鎊。
In the twenty-fourth year Lima Chinese bought goods in Hong Kong, and the Peruvian consul there stamped the invoices. The stamp fee had been one percent of value; it was now raised and collected in pounds sterling, more than doubling the old rate. Merchants protested the breach of rules and asked the foreign ministry and Acting Minister Xie Xifu to restore the old fee. Xie therefore noted to the foreign ministry: "Invoice stamp fees are fixed at one percent worldwide. Capital may be gold or silver, but the one-percent rule applies everywhere. In Lima, Chilean flour duties use Chilean currency and British goods use gold, as Peru's tariff shows. The same local rule applies to Chilean and British goods, yet Hong Kong alone is singled out. If Hong Kong must use pounds because it is British, Cantonese capital should be converted to gold like other treaty states." The foreign ministry refused. It claimed Hong Kong silver was debased and pound conversion too costly. Xie reported that merchants would accept uniform pound fees. Peru then agreed to charge on capital value in pounds sterling.
10
巴西國，南亞美利加洲共和民主新國也。 ，始遣使臣喀拉多來天津，請議立和約。 總署請飭南北洋大臣就近商辦。 旋派李鴻章為全權大臣與議約。 六月一日，喀使抵天津，照會鴻章請立約，並擬先送約稿呈閱。 遂訂期接議，研商至再始定約。 鴻章因上奏，言：「此次巴西議約，數易其稿。 嗣以秘魯條約為底本，刪去招工各條，並參用別國條約，定為十六款。 其關係中國權利者，皆力為辯論，變通酌定。 如第一款『兩國人彼此皆可前往僑居』句下，添入『須由本人自原』一語，即寓禁阻設法招致之弊。 第三款『設立領事官，必須奉到駐紮之國批准文憑，方得視事，如辦事不合，可將批准文憑追回』，本系西國通例。 其立法之善有二：一則其人或非平素公正，或與我國向不浹洽，我皆可以不准； 一則通商口岸或系新設，人情未安，不欲領事驟至，我亦可以不准。 至辦事不合，追回文憑，是予奪之權我亦得而操之。 第四款遊歷執照一節，洋人遊歷各處，多有由領事自填執照，送請關道用印，幾若內地往來，全憑領事作主。 今改為『領事照會關道，請領印照』，可稍助地方官之權。 第五款遵守專章一節，即是德國新約第一款之義。 查『均霑』二字，利在洋人，害在中土，設法防弊，實為要圖。 特聲明嗣後如有優待他國利益，彼此須將互相酬報之專條或互訂之專章，一體遵守，方准同霑優待他國之利益，似較周妥。 第六款本擬照德國新約，酌用漏報捏報辦法。 惟巴約系仿秘魯約本，並無通商詳細章程。 若僅添漏報捏報一層，轉恐挂一漏萬。 今定為『兩國商人商船，凡在此國通商口岸，即應遵從此國與各國原議續議通行商務章程辦理』。 第九、第十、第十一、第十二等款，皆指問案之事。 查西國案件，俱由地方官訊斷，領事不得干預。 惟中西法律懸殊，各國不能聽地方官審辦，於是領事遂有其權。 此次定為『被告所屬之官員專司訊斷，各依本國律例定罪』。 蓋被告多系華民，前因會審掣肘，受虧不少。 茲由被告所屬之官訊斷，當可持平辦理。 又第十一款內『將來另議中西交涉公律，巴西亦應照辦』一節，雖公律驟難定議，究為洋務緊要關鍵，特倡其說，以作權輿。 以上各節，皆按照各國約章酌議變通，期歸妥善。 至洋藥一項，雖非巴西出產，惟中土受害滋深。 今議令巴使知會巴國外部查酌，禁止巴商販賣，先由巴使另備照會存案，臣亦給予照覆。」 約既訂，遂於八月初一日會同畫押鈐印。 明年三月，喀拉多忽詣李鴻章，謂接本國電報，復請商改。 於是增刪巴西原約共十七款，前約正副本作廢。 八年四月，換約於上海。 八月，巴西贈鴻章寶星，旋答之。
Brazil was a new republic in South America. Envoy Carrado first came to Tianjin to negotiate a treaty. The Yamen asked the northern and southern trade ministers to negotiate locally. Li Hongzhang was appointed plenipotentiary. On the first day of the sixth month Carrado reached Tianjin, asked Li to negotiate, and offered a draft treaty. Talks were scheduled and, after repeated revision, the treaty was settled. Li memorialized: "The Brazilian negotiations required many drafts. The Peruvian treaty became the base, recruitment clauses were removed, and sixteen articles were settled. Every clause affecting Chinese rights was argued and revised. Article 1's "may reside in the other country" gained "of their own free will," barring coerced recruitment. Article 3 required approved consular credentials and allowed withdrawal—standard Western practice. This had two advantages: China could refuse unsuitable nominees; and could refuse consuls at newly opened ports where locals were uneasy. Withdrawal of credentials kept grant and recall in Chinese hands. Article 4 addressed travel permits, which consuls had often issued for intendants merely to stamp. Now consuls must ask intendants to issue stamped permits, strengthening local authority. Article 5 on special clauses followed the new German treaty. The phrase "enjoy equally" favored foreigners; preventing abuse was essential. Future preferences would require reciprocal special agreements before Brazil could claim them. Article 6 was to follow German rules on false declarations. But the Brazilian draft followed Peru and lacked detailed commercial rules. A single clause on mis-reporting would leave gaps. Merchants and ships must instead follow China's general commercial regulations with all powers. Articles 9 through 12 concerned judicial cases. In the West local officials tried cases without consuls. Legal differences had given consuls authority in China. Now "the official of the defendant's nationality shall try and sentence under his own law." As defendants were mostly Chinese, joint trial had harmed them. Trial by the defendant's own officials should be fairer. Article 11 also promised Brazil would follow any future Sino-Western code of law—a pioneering clause. All clauses were adjusted with reference to other treaties. Opium, though not Brazilian, deeply harmed China. Brazil's envoy would notify his government to ban Brazilian opium sales, with exchange of notes." The treaty was signed and sealed on the first day of the eighth month. Next year Carrado suddenly asked Li to revise the treaty by telegram from home. The treaty was revised to seventeen articles and the old texts voided. Instruments were exchanged at Shanghai in the fourth month of the eighth year. In the eighth month Brazil gave Li a decoration, which he reciprocated.
11
宣統元年，巴西使臣貝雷拉請與中國立公斷專約。 先是巴使詣外務部，援照保和會公約，請與中國商訂一公斷條約，並呈所擬洋文約稿。 遂派外務部左侍郎聯芳為全權大臣，與貝雷拉議約四條：一，兩國外交官不能和平了結之案，可向海牙所設之常川公斷衙門投控，並請審斷，但須無礙兩國利益及國權榮譽，亦不得干涉第三國之利益； 二，公斷員之許可權及細則，須臨時由中國皇帝及巴西總統斟酌合宜辦法； 三，次約以五年為限，限滿六閱月未聲明作廢者，作為續訂五年，嗣後期限照此計算； 四，本約批准後，在巴西京城換約，用華文、葡文、法文三體，而遇礙難解釋之處，則以法文為憑。 此約畫押後，因事羈延，未及互換。 三年十月，駐法代辦使事戴陳霖與巴西駐法代辦達旒格芬始在巴黎互換。 葡萄牙在歐羅巴極西。 明正德年初至中國舟山、寧波、泉州。 隆慶初，至廣東香山縣濠鏡請隙地建屋，歲納租銀五百兩，實為歐羅巴通市粵東之始。
In Xuantong 1 (1909) Brazilian Minister Berreira sought a special arbitration treaty. He had cited the Hague Convention and submitted a draft at the foreign ministry. Vice-President Lian Fang negotiated four articles: disputes unresolved diplomatically could go to the Hague court, without harming sovereignty or third parties; arbitrators' powers would be set by both governments; the treaty ran five years with automatic renewal unless denounced six months early; exchange would be in Rio in Chinese, Portuguese, and French, with French controlling ambiguity; signing was followed by delay in exchange. In the tenth month of year 3 Dai Chenlin and Brazil's acting minister exchanged at Paris. Portugal lies at the far west of Europe. Under the Ming Zhengde emperor it reached Zhoushan, Ningbo, and Quanzhou. In Longqing it obtained Macao (Haojing), paying 500 taels annual rent—the start of European trade in Guangdong.
12
清夏四月，葡國遣使臣麥德樂表貢方物。 抵粵，巡撫楊文乾遣員伴送至京，召見賜宴。 於賞賚外，特賜人葠、緞匹、瓷漆器、紙墨、字畫、絹鐙、扇、香囊諸珍，加賞使臣，命御史常保住伴送至澳，遣歸國。 麥德樂在澳天主堂，率洋商誦經行禮，恭祝聖壽。 夏四月，葡國遣使巴哲格、伯里多瑪諾入貢奉表，言：「臣父昔年仰奉聖主聖祖皇帝、世宗皇帝備極誠敬。 臣父即世，臣嗣服以來，纘承父志，敬效虔恭。 臣聞寓居中國西洋人等，仰蒙聖主施恩優眷，積有年所，臣不勝感激歡忭，謹遣一介使臣以申誠敬，因遣使巴哲格等代臣恭請聖主萬安，並行慶賀。 伏乞聖主自天施降諸福，以惠小邦。 至寓居中國西洋人等，更乞鴻慈優待。 再所遣使臣明白自愛，臣國諸務俱令料理，臣遣其至京，必能慰悅聖懷。 凡所陳奏，伏祈採納。」
In a Qing summer fourth month Portugal sent Minister Medeiros with tribute. Governor Yang Wenqian escorted him to Beijing for audience and banquet. Extra gifts of ginseng, silk, porcelain, and art were granted; Censor Chang Baozhu escorted him back to Macao. At Macao's Catholic church Medeiros led merchants in a birthday service for the Emperor. Later Portugal sent Pacheco and Primor with tribute: "My father served Kangxi and Yongzheng with utmost loyalty. Since his death I have continued his reverent service. Westerners in China enjoy the Emperor's grace; I send Pacheco to wish His Majesty health and offer congratulations. May Heaven bless our small kingdom through the Emperor. I beg continued favor for Western residents in China. My envoy is prudent; affairs at home are arranged so his arrival will please the throne. I humbly beg acceptance of all I present."
13
十二年，政府因開辦洋藥稅釐並徵新章，總署奏請飭派邵友濂，會同總稅務司赫德，前往香港會商辦法。 查知洋藥自印度來華，香港為總匯之區，必須英、葡兩國一律會辦，始能得力。 因與澳門總督商緝私辦法。 又恐葡為無約之國，遽與商辦，或多要求。 於是遣赫德與之電商，擬設稅務司，澳督亦允。 乃訂草約四條：一，兩國在京互換通商條約； 一，中國准葡國永駐管理澳門； 一，葡國允非中國則澳地不讓與他國； 一，洋藥稅徵香港如何，會同澳門即類推辦理。 當派稅務司金登幹在葡國畫押，並允其派使來華，擬議詳細條約。
In the twelfth year, with new opium taxes, Shao Youlian and Hart were sent to Hong Kong to consult. Opium from India passed through Hong Kong; British and Portuguese cooperation was essential. Anti-smuggling methods were discussed with the Macao governor. As Portugal had no treaty, direct talks might invite excessive demands. Hart negotiated by wire; Macao agreed to a customs post. A four-article draft followed: exchange of commercial treaties in Beijing; second, China recognizes Portuguese administration of Macao; First, Portugal agreed that Macao would not be transferred to any other country without China's consent; Second, whatever arrangements applied to the opium tax in Hong Kong would be extended to Macao by analogy. Campbell, an official of the Revenue Service, was sent to Portugal to sign the agreement, and Portugal was permitted to dispatch a minister to China to negotiate the detailed treaty.
14
粵督張之洞上疏，言：「澳門為香山縣管轄，距省城二百餘里，陸路可通，實為廣東濱海門戶，非如瓊州之孤懸海外，亦非如香港之矗立海中。 葡人今因事要求，曲徇其請，遷就立約，實多可慮。 挽回補救之策，約有五條：一曰細訂詳約。 查簡約雖經金登幹畫押，而詳細條約應刪應增，仍須俟葡使到華，會同總署核議，請旨辦理。 其永駐澳門一條，原因協辦藥徵，格外見讓租銀，非畫地歸葡者可比。 且約有『不得轉讓他國』之文，可見澳門系中國疆土，讓與葡國居住，應聲明葡國居住免其租銀，不得視為葡國屬地。 其不讓於他國一條，應聲明澳門系中國疆土，葡國不得讓於他國。 如此，則我有讓地之名，而無損權之實，仍與原約之義毫不相背。 一曰畫清界限。 有陸界，有水界。 何謂陸界？ 東北枕山，西南濱海，是為澳門。 其原立之三巴門、水坑門、新開門舊址，具在志乘可徵，所築砲台、馬路、兵房，均屬格外侵佔。 應于立約時堅持圍牆為界，不使尺寸有逾。 何謂水界？ 公法載地主有管轄水界之權，以砲子能及之處為止。 兩國土地毗連，中隔小河，則以中流為界。 此系指各國自有之地，及征伐所得者而言。 澳門本系中國之地，不過准其永遠居住，葡人只能管轄所住之地。 宜明立條款，所有水道，准其船隻往來，不得援引公法，兼管水界。 一曰界由外定。 准葡住澳，免其租銀，水界仍是中國所有，自無水界之可分，陸界至舊有圍牆為止。 葡人于同治初年將圍牆拆卸，希圖滅跡。 然牆可拆，而舊址終不可沒。 將來約有成議，似應由粵省督撫臣就近派員會同葡使親往勘驗，詳查舊址，公同立界，俾免影射逾越。 一曰核對洋文。 查赫德申稱所訂草約四條，與澳門洋報所載者，文義輕重懸殊。 第一條派使來華擬議通商條約，洋文內加『須有利益均霑』字樣。 第二條葡國永駐澳門管理一切，洋文內加『悉與葡國別處屬地無異』字樣。 草約內澳門字樣凡三見，洋文皆作『澳門及澳門附地』。 查『附地』二字，意極含糊，不惟將圍牆外至望廈村陰括在內，即附近小島毗連村落，皆可作附地觀。 至謂『與葡國別處屬地無異』一語，措詞亦謬。 雖洋報所載未盡可信，傳說必非無因。 既與總署奏案不符，亦非奉旨准其永駐之本意。 應請飭下總署，先將草約漢、洋文詳細核對，以防侵越。 一曰暫緩批准。 立約雖有成議，批准權在朝廷，此各國之通例。 美國煙臺條約，光緒二年所立，有未經批准三條，直至上年始行議定，成案可據。 自應明與之約，定約後，須俟稅釐款項大增、拐騙逃亡隨捉隨解諸事皆有明效可徵，兩國始行批准互換，庶彼不得終售其欺。」 疏入，報可。
Zhang Zhidong, Governor-General of Guangdong and Guangxi, submitted a memorial in which he said: "Macao falls under the jurisdiction of Xiangshan County. More than two hundred li from the provincial capital and reachable by land, it is in truth Guangdong's gateway on the coast—not like Qiongzhou, marooned across the sea, nor like Hong Kong, standing alone in the open water. The Portuguese were now pressing demands on this account. To yield to their wishes and settle for a treaty on their terms would invite serious trouble. Measures to repair the damage and set things right might be summed up in five points. First: negotiate a thorough detailed treaty. Although Campbell had signed the preliminary agreement, additions and deletions to the full treaty must still await the arrival of the Portuguese minister in China, to be reviewed jointly with the Zongli Yamen and submitted for imperial approval. The provision allowing Portugal to remain permanently in Macao stemmed from their cooperation in opium tax collection and an exceptional waiver of rent—it was nothing like ceding territory outright to Portugal. Moreover, the treaty already included wording that Macao "shall not be transferred to other countries"—showing it remained Chinese soil. The concession to Portugal should be framed as permission to reside there with rent exempted, not as Portuguese sovereign territory. The non-transfer clause should explicitly state that Macao is Chinese territory which Portugal may not cede to any third power. In this way we would bear the appearance of cession while suffering no actual loss of authority—entirely consistent with the spirit of the original agreement. Second: fix the boundaries clearly. There are boundaries on land and at sea. What is the land boundary? Mountains lie to the northeast and the sea to the southwest—that defines Macao. The original locations of the Barra Gate, Portas do Cerco, and Xingkai Gate can all be verified in local gazetteers. The forts, roads, and barracks Portugal had built were all unlawful encroachment beyond what was permitted. When the treaty was drawn up, the wall should be insisted on as the boundary, with not an inch conceded beyond it. What of the water boundary? International law holds that a territory's coastal jurisdiction extends as far as a cannon shot can carry. Where two nations' lands adjoin with a stream between them, the mid-channel is taken as the border. That rule applies to each nation's own territory and lands acquired by force. Macao was Chinese territory throughout; Portugal had merely been allowed to live there permanently and could govern only the ground they occupied. Clear provisions should be written stipulating that Portuguese vessels may pass freely on all waterways, but Portugal must not invoke international law to claim jurisdiction over adjacent waters as well. Third: the border should be determined through joint field survey. Granting Portugal the right to remain in Macao rent-free left all water jurisdiction in China's hands—there was no maritime border to negotiate. On land, the line should stop at the original barrier wall. In the early Tongzhi period the Portuguese had torn down the barrier wall, hoping to erase all trace of it. The wall could be torn down, but its former location could never be wiped away. Once a treaty was finalized, officials should be dispatched from Guangdong to join the Portuguese envoy on a site inspection, verify the old boundaries, and mark the border jointly—preventing any surreptitious expansion. Fourth: cross-check the foreign-language text. According to Hart's report, the four articles of the draft treaty differed drastically in tone and substance from versions published in Macao's foreign-language press. The first article, on sending a minister to China to negotiate trade treaties, had been supplemented in the foreign text with the phrase "most-favored-nation treatment." The second article, granting Portugal permanent residence in Macao with full administrative authority, carried an added foreign-language phrase: "in all respects identical to Portugal's possessions elsewhere." In all three places where the draft mentioned Macao, the foreign text read "Macao and its dependencies." The term "dependencies" was dangerously vague—sweeping in not only the area from beyond the wall to Wangxia village but potentially every nearby island and adjoining settlement. The phrase comparing Macao to Portugal's other colonial possessions was equally outrageous. Foreign press accounts might not be fully reliable, but such reports did not arise from nothing. This contradicted the Zongli Yamen's submitted report and fell far short of the imperial purpose in allowing permanent residence. The Zongli Yamen should be instructed to undertake a thorough comparison of the Chinese and foreign-language drafts before proceeding, to forestall territorial encroachment. Fifth: withhold ratification for the time being. Even after terms are agreed, ratification rests with the throne—as is customary among all nations. The Chefoo Convention with the United States, concluded in 1876, left three articles unratified until the previous year—an established precedent. Portugal should be told plainly that ratification and exchange would come only after measurable results—significantly increased tax revenue and prompt extradition of kidnappers and fugitives—so they could not perpetuate their deceptions indefinitely." The memorial was received and approved.
15
葡使羅沙旋來華詣總署呈節略及地圖。 總署王大臣閱圖，與現在葡人所居之地界址不清，多所辯駁。 復致北洋大臣李鴻章，派員赴澳確查。 張之洞復上疏，請先清界址，緩議條約。 略謂：「澳門水陸一帶，大抵有葡人原租之界，有久占之界，有新占之界，有圖占未得之界。 除原租之圍牆以內，仍舊聽其居住外，已占者明示限制，未占者力為劃清。」 又謂：「洋藥來華，皆徑到香港，分運各口，從無徑運澳門之船。 是稽察之關鍵，在香港不在澳門」等語。 總署因界址一時難清，仍主先議約、後劃界，久之始定。
The Portuguese minister Rosa soon arrived in China and presented a brief and maps to the Zongli Yamen. The Zongli Yamen ministers examined the maps and found the boundaries of Portuguese occupation ill-defined, sparking considerable dispute. They also wrote to Li Hongzhang, Minister for the Northern Seas, asking him to send officials to Macao for an on-the-ground investigation. Zhang Zhidong submitted another memorial urging that boundaries be settled first and treaty talks postponed. He argued in substance that the Macao region, on land and sea alike, comprised four categories of territory: originally leased land, long-held encroachments, recent seizures, and areas claimed but not yet taken. Within the barrier wall of the original lease they might continue to reside as before, but encroached territory should be explicitly confined and unoccupied land firmly demarcated." He further observed: "Opium entering China flows entirely through Hong Kong and is distributed from there to the various treaty ports—no vessel ever ships it directly to Macao. The critical point of enforcement lies with Hong Kong, not Macao." Unable to settle boundaries promptly, the Zongli Yamen maintained its position of negotiating the treaty first and demarcating afterward—a resolution that took considerable time.
16
於是總署上言曰：「向者總署兩次商辦此事，一議通商訂約，一議給價收回，迄無成說。 今因洋藥緝私一事，允其重申前議。 並以澳門地方界址一層，從先久經含混，因與葡使羅沙迭商，於約內言明澳門界址俟勘明再定，並聲明未經定界以前，不得有增減改變之事。 仍將不得讓與他國一層專立一條，永昭信守。 葡使允即電達本國，照此定議。 正籌辦間，續接李鴻章函，稱粵省督撫臣分別原租、久占、新占、未占四層辦法。 所謂久占者，不知何年。 新占者，亦在咸豐、同治以後。 委員程佐衡回津面與討論，查圍牆以內為原租，關閘以內皆所久占，譚仔、過路環則為新占。 此皆已占者也。 關閘以北直達前山，澳西對岸灣子、銀坑各處，遠及東南各島，皆欲占而未占者也。 應俟將來派員勘界時隨時斟酌辦理。」 尋報可。
The Zongli Yamen then reported: "The Yamen had twice before taken up this question—once to negotiate a commercial treaty, once to buy back the territory—and both efforts had failed to reach conclusion. On account of the campaign against opium smuggling, they were now allowed to reopen their earlier proposals. Because Macao's boundaries had long been unclear, they negotiated repeatedly with Minister Rosa and stipulated in the treaty that Macao's borders would be fixed only after survey, and that no change in the existing situation would be permitted until demarcation was complete. A separate article prohibiting transfer to any third power was added as a permanent pledge. The Portuguese minister agreed to cable his government immediately and settle on these terms. While preparations were underway, Li Hongzhang wrote again reporting the Guangdong authorities' four-tier scheme distinguishing original lease, long occupation, new occupation, and unoccupied areas. The date of the so-called long occupation was uncertain. New encroachments dated to the Xianfeng and Tongzhi reigns or later. Commissioner Cheng Zuohéng returned to Tianjin and reported after discussion that the area within the barrier wall was the original lease, everything within Portas do Cerco had been long occupied, and Taipa and Coloane were recent seizures. All of these were territory already held. The strip north of Portas do Cerco reaching to Qianshan, the shores of Wanzi and Yinkeng across the channel west of Macao, and the islands far to the southeast—all were areas Portugal sought but had not yet taken. These would be handled case by case when boundary commissioners were sent out." Approval followed shortly afterward.
17
嗣因交犯一條，葡使欲照英約載明華人犯罪逃至澳門者，查明實系罪犯交出。 總署不允。 磋商久之，始允添改華民犯案逃往澳門，官員仍照向來辦法，查獲交出。 又稽查洋藥一事，復於專約內添寫「所有澳門出口前往中國各海口之洋藥，必須由督理洋藥之洋員給發准照，一面由該洋員立將轉運出口之准照，轉致拱北關稅務司辦理」。 遂定議。 共計條約五十四款，及緝私專約三款，當即劃押。 是年葡人散鈔單于望廈，不納。 明年三月，命李鴻章與葡使在天津換約，復公立換約文憑，華、洋文各一，畫押蓋印蕆事。
Later, on the extradition clause, the Portuguese minister sought wording modeled on the British treaty: Chinese criminals who fled to Macao would be handed over once their guilt was established. The Zongli Yamen refused. After prolonged negotiation they agreed to revised language: when Chinese subjects who had committed crimes fled to Macao, officials would continue to handle matters as before—investigating, apprehending, and surrendering them. On opium inspection as well, the supplementary agreement added: "All opium exported from Macao to Chinese ports must carry a permit issued by the foreign superintendent of opium affairs, who shall promptly forward copies of export permits to the Revenue Inspector at Gongbei Customhouse." The terms were then finalized. The treaty comprised fifty-four articles plus three supplementary articles on smuggling suppression, and both were signed forthwith. That year the Portuguese circulated proclamations at Wangxia, which were rejected. In the third month of the following year Li Hongzhang was directed to exchange ratifications with the Portuguese minister at Tianjin. Exchange certificates in Chinese and Portuguese were also drawn up, signed, and sealed to conclude the matter.
18
是月葡人出關閘外設一路燈，又修復前山營廠卡，張之洞責令撤去。 旋據澳酋照稱：「關閘外至北山嶺中間一帶，向為局外之區。 建廠須兩國會商，非一國所能擅主，已照會鈞署」云云。 張之洞即致總署，謂：「條約載未定界以前，俱照依現時情形勿動，自系指澳境關閘以內彼所已占者而言。 同治元年，葡使來京議約，亦言關閘以外系華官把守，未敢侵及，從無『局外』之說。 此次來文，實堪詫異，請折辯。」 五月，葡人又欲爭執舵尾山管轄權。 張之洞致總署，謂：「舵尾山在十字門小橫琴島上，為香山縣屬，向無葡人居此。 此處瘋人得葡人養濟，不過尋常善舉，何得視為管治證據？ 如各省常有洋人施醫院，豈能即為洋界乎？ 請嚴切駁復。」
That same month the Portuguese erected a street lamp outside Portas do Cerco and rebuilt the Qianshan garrison checkpoint. Zhang Zhidong ordered both removed. The Macao governor soon replied in a note: "The stretch from beyond Portas do Cerco to Beishan Ridge had always been a neutral zone. Construction in that area requires agreement between both governments; neither side may act unilaterally. We have already notified your office accordingly." Zhang Zhidong wrote immediately to the Zongli Yamen: "The treaty's stipulation that the status quo should be maintained until boundaries were fixed clearly applied only to Portuguese-held territory within Portas do Cerco. In 1862, when the Portuguese minister came to Beijing to negotiate, he acknowledged that Chinese officials held the area beyond Portas do Cerco and that Portugal had never encroached there—there was no such thing as a "neutral zone." This latest communication was outrageous. Please issue a firm rebuttal." In the fifth month the Portuguese raised a dispute over jurisdiction of Duoweishan. Zhang Zhidong wrote the Zongli Yamen: "Duoweishan lies on Xiahengqin Island at Shizimen. It belongs to Xiangshan County and has never had Portuguese residents. That the Portuguese had supported lepers there was merely an ordinary act of charity—hardly proof of jurisdiction. Foreigners operated charity hospitals in every province—did that make each one foreign territory? Please issue a stern rejection."
19
二十七年，與各國修改稅則，各國皆會同簽押，葡不派員。 特與照會，葡使仍不至。 久之，始派參贊阿梅達來，仍不主改稅則。 既又請求澳門對面各島開商埠，復拒絕之。 二十八年正月，葡使白朗谷來言：「本國商民原在澳門振興商務，修濬河道。 前定和約，已認澳門附近屬地為葡國永居管理，應將此地之界址廣闊等項丈量妥訂。 按對面山一島居澳門之西，小橫琴、大橫琴二島居澳門西南，各島系澳門生成屬地，又經和約認明，請會商妥定。」 外務部王大臣等復以：「中國邊海島嶼向隸府廳州縣，從無此島屬於彼島之事，祗能就澳門現管界址照約勘定，不得於界之外另有屬地。」 二月初，葡使復來照會，以上年各國公約第六款所載進出口稅則改為切實值百抽五，葡未與議，表明本國人民所運各項貨物，應仍照兩國條約所訂稅則辦理。 王大臣等嚴詞駁拒，葡仍請求不已。
In the twenty-seventh year, when tariff schedules were revised with all the treaty powers, every nation sent representatives to sign—Portugal did not. Portugal was notified separately, but its minister still did not appear. Eventually Counselor Almada was sent, but he still declined to agree to tariff revision. Portugal then requested that commercial ports be opened on the islands facing Macao—again refused. In the first month of the twenty-eighth year, Minister Brandão stated: "Our merchants have long sought to develop commerce in Macao and dredge its waterways. The treaty already recognized nearby dependencies as territory under Portugal's permanent administration. Their boundaries and extent should now be surveyed and fixed. Duimianshan lies west of Macao; Xiahengqin and Dahengqin lie to the southwest. These islands are natural dependencies of Macao and were recognized as such in the treaty. We ask that their boundaries be settled through joint consultation." The Foreign Ministry replied: "China's coastal islands have always fallen under prefectural and county jurisdiction. There is no principle whereby one island belongs to another. Demarcation can proceed only within Macao's presently administered area as the treaty provides—not to recognize additional dependencies beyond that boundary." In early February the Portuguese minister sent another note. The general tariff agreement of the previous year had set import and export duties at five percent ad valorem under Article Six. Portugal had not participated in those talks and now stated that goods transported by Portuguese nationals should remain subject to the rates fixed in the bilateral treaty. The ministers rejected this in strong terms, but Portugal kept pressing its request.
20
初，葡使面稱原將界務暫置不提，但求擴充商務，開具條款，大要照分兩端。 如應允改定稅則，稽徵洋藥稅餉，在澳門設立分關，為有益中國之款。 在澳門附近任便工程，由澳至廣東省城修造鐵路，為有益葡國之款。 王大臣等以澳門附近任便修造工程，仍慮暗侵界址，駁令先行刪除。 設關一款，劄飭總稅務司赫德核辦。 鐵路一款，電咨前兩廣總督陶模、督辦鐵路大臣盛宣懷分別核復。 旋據赫德復稱，澳門設關，有裨稅收，但章程必須妥定。 陶模復稱由澳至省修造鐵路，于地方情形尚無妨礙。 盛宣懷復稱，造路于稅務有益，必須由總公司與之定立合同，不必列入約款。 王大臣等得復，復與葡使一再研商，將允造鐵路另用照會聲明，不入約內。 葡使亦允從，遂與定議。 乃上言曰：「此次葡使來京，意在展拓澳界。 磋商十餘次，始將勘界之議，商允停辦。 現與議訂條款：第一款聲明舊約照舊遵守。 第二款聲明上年各國公約加增稅則，大西洋國均允遵照，並與訂明該國人民所納稅項，不得較別國稍有增減，以預留日後加稅地步。 第三、第四款，在澳門設分關一道，以稽查出入澳門洋藥，並徵收各項稅項。 該關須在澳門界內。 但使稅司稽徵得力，似于餉項不無裨益。 第五、第六兩款，均申論設關事宜，章程由兩國酌定。 第七款訂約文字。 第八、第九款，批准互換各節，皆向來訂約應敘之款。 應請簡派大臣，與葡使定期畫押，再將約本進呈，請用御寶，以憑互換。 至設立中葡公司，修造由澳門至廣東省城鐵路，地僅二百餘里。 現辦粵漢、九廣兩路，已議定通至省城，再添一路，亦藉以擴充商務。 既與葡使訂明另用照會為憑，擬俟命下，即將照會互換，仍咨行督辦鐵路大臣盛宣懷與葡詳定合同，以期周妥。」 報可。 慶親王奕劻旋畫押。
Earlier the Portuguese minister had said orally that he would set boundary questions aside for the moment and seek only to expand trade, submitting proposed terms divided broadly into two categories. Revision of the tariff schedule, collection of opium duties, and establishment of a branch customhouse at Macao would benefit China. Unrestricted construction near Macao and a railway from Macao to the provincial capital of Guangdong would benefit Portugal. The ministers rejected the clause on unrestricted construction near Macao, fearing covert territorial encroachment, and ordered its removal. The proposal for a branch customhouse was referred to Hart, Inspector General of Customs, for review. The railway clause was referred by telegram to the former Governor-General of the Two Guang, Taomo, and to Sheng Xuanhuai, Commissioner for Railway Affairs, each to report his opinion. Hart soon reported back that a customhouse at Macao would aid revenue collection, but the regulations would have to be properly drafted. Taomo replied that building a railway from Macao to the provincial capital presented no difficulty under local conditions. Sheng Xuanhuai replied that the railway would benefit tax administration but must be governed by a contract between the parent company and the Portuguese side, not included in the treaty text. Once these replies were in, the ministers resumed negotiations with the Portuguese minister and agreed that permission to build the railway would be set forth in a separate note, not in the treaty itself. The Portuguese minister assented, and the terms were settled. They then memorialized the throne: "The Portuguese minister came to Beijing this time intending to expand Macao's boundaries. After more than a dozen rounds of talks, agreement was finally reached to suspend the boundary survey. The articles now agreed are as follows. Article One declares that the old treaty shall continue to be observed. Article Two declares that Portugal accepts the augmented tariff schedule adopted at last year's general treaty conference, with the stipulation that duties paid by Portuguese nationals shall not be higher or lower than those paid by any other nationality, so as to preserve scope for future rate increases. Articles Three and Four provide for a branch customhouse at Macao to supervise opium entering and leaving Macao and to collect applicable duties. The office must be located within Macao's jurisdiction. If collection were handled effectively, revenue would likely benefit. Articles Five and Six set forth arrangements for the customhouse, with detailed regulations to be determined by both sides. Article Seven concerns the treaty text. Articles Eight and Nine cover ratification and exchange—the standard provisions found in treaties. A minister should be appointed to sign with the Portuguese minister on a fixed date. The treaty should then be presented for the imperial seal before exchange. As for the planned Sino-Portuguese company to build a railway from Macao to the provincial capital of Guangdong—a distance of just over two hundred li— the Canton-Hankow and Kowloon-Canton lines already in progress are to run to the provincial capital; adding another line would further expand trade. Since agreement with the Portuguese minister calls for a separate exchange of notes, the notes will be exchanged as soon as orders come down, and Sheng Xuanhuai, Commissioner for Railway Affairs, will be instructed to work out the contract with the Portuguese side in full detail." Approval was granted. Prince Qing, Yikuang, then affixed his signature.
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三十年二月，葡駐京使臣白朗谷照稱奉本國諭，改修稅則一事，派使前赴上海畫押，並將九月新訂增改條款暨是年十二月會訂分關章程條款內之意同語異之處，改為一律。 其修改稅則及新定增改條款，並會訂分關章程條款，合訂一本，以歸畫一。 葡使赴滬，與商約大臣呂海寰等會晤。 海寰等面詢照會內所稱各節，將何者為意同語異，及如何改歸一律之處，詳為解明，以便會同辦理。 葡使答以光緒二十八年新定增改條款及會訂分關章程條款，本國議院未經核准，不克互換。 是以此次修改商約，另行擬送條款，即將前此條款章程意同語異之處，包括在內。 海寰等以葡使晤對之詞與照會外務部文意不符，駁之。 並照會詰問葡使，令其明晰照復。 葡使旋復，以「本國訓諭，業在外務部聲明：一，本政府准議院所議，給權於駐華公使，新立商約，即照近日各國與中國所立之商約無異。 二，現欲請立新約，包括光緒二十八年九月所立之條款，暨是年十二月會訂之專條，但內有更改者，俾中、葡兩國主權免有視為關礙之處。 三，至於葡國協助中國防緝走私洋藥一事，奉本國政府訓諭，可將此項緝私之法整頓，以便全免走私。 四，因今欲立之新約，應包括光緒二十八年九月所立條款，並十二月所訂專條內之宗旨，或系更改，或系推廣，悉行包括在內。 所以本國之意，毋庸將前約核准。」 海寰等電詢外務部，復云：「葡使並未向部聲明前約作廢。 當日議約，原以分關、鐵路為彼此互換利益。 儻不將光緒二十八年之約核准，藉包括為詞，以廢分關之議，則中國亦必將鐵路互換之照會聲明作廢。」 海寰等即照部電直告葡使，拒不與議。 葡使迭來商懇，以「澳門設立分關，實有礙於本國主權，故議院未能核准。 欲明言前約作廢，又有礙於本國體制，故以包括宗旨毋庸核准為詞」。 海寰等遂與議訂新約。
In the second month of the thirtieth year, Minister Brandão, the Portuguese envoy in Beijing, sent a note stating that by his government's order a revision of the tariff schedule would be signed at Shanghai, and that passages in the newly added and revised articles of September and in the branch-customhouse regulations agreed in December that differed in wording but not in meaning would be harmonized. The revised tariff schedule, the new and amended articles, and the branch-customhouse regulations would be consolidated in a single text for the sake of uniformity. The Portuguese minister went to Shanghai and met with Lü Haihuan, Minister for Treaty Negotiation, and his colleagues. Lü Haihuan and his colleagues asked in person which passages in the note were said to differ only in wording and how they were to be harmonized, requesting a full explanation so that joint work could proceed. The Portuguese minister replied that the newly added and revised articles of the twenty-eighth year of Guangxu and the branch-customhouse regulations had not been ratified by his country's parliament and therefore could not be exchanged. For this reason the commercial treaty was to be revised by submitting separate draft articles that would incorporate the earlier provisions, including passages that differed only in wording. Lü Haihuan and his colleagues held that the minister's oral statement contradicted the note sent to the Foreign Ministry and rejected it. They also sent a note pressing the Portuguese minister for a clear written reply. The Portuguese minister soon replied in a note: "By our government's instructions, already stated to the Foreign Ministry: First, our government approves what parliament has resolved and authorizes our minister in China to conclude a new commercial treaty on the same terms as the commercial treaties recently concluded between China and other powers. Second, we now seek to conclude a new treaty incorporating the articles of September of the twenty-eighth year of Guangxu and the special articles agreed in December of that year, with such changes as may be needed so that neither China's nor Portugal's sovereignty is seen as impaired. Third, as to Portugal's assistance to China in suppressing opium smuggling, by our government's instructions the methods of anti-smuggling enforcement may be reorganized so as to eliminate smuggling altogether. Fourth, because the new treaty now to be concluded should incorporate the purposes of the articles of September of the twenty-eighth year of Guangxu and of the special articles agreed in December, whether by revision or extension, all are to be included. For this reason it is our country's view that ratification of the prior treaty is unnecessary." Lü Haihuan and his colleagues telegraphed the Foreign Ministry, which replied: "The Portuguese minister did not inform the Ministry that the prior treaty was void. The original negotiations were based on reciprocal benefit: the branch customhouse for China and the railway for Portugal. If the treaty of the twenty-eighth year of Guangxu is not ratified and the branch customhouse is set aside under the pretext of incorporation, China will likewise treat the exchanged note on the railway as void." Lü Haihuan and his colleagues relayed this telegram to the Portuguese minister at once and refused to continue negotiations. The Portuguese minister came repeatedly to plead, stating: "Establishing a branch customhouse at Macao would truly impair our national sovereignty, and therefore parliament could not approve it. To declare the prior treaty void outright would also be incompatible with our constitutional system, and therefore we speak of incorporation without ratification." Lü Haihuan and his colleagues then proceeded to negotiate a new treaty.
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初，葡使送來商約款文二十條，海寰等就中摘其不能允者，往返磋商。 葡使又請為寓澳華民每年准運米六百萬石，免納稅課，以資食用。 海寰等以澳門華民不過十萬人，何至歲需六百萬石？ 拒之。 旋外務部據粵督調查，每年只准運三十萬石。 又購米地方，限以廣東一省。 葡使不允。 久之，始將各款議定。 海寰乃入奏曰：「綜計釐訂條約二十款。 第一款，聲明舊約照舊遵守。 第二款，聲明和議所定加增稅則，葡國允遵照辦。 第三款，聲明入澳門洋藥均囤於官棧。 每年澳門食用洋藥，定數以外，不得再有搬出。 凡報運中國各處，亦應設法以防私行運往。 所有應定各項章程，應由彼此兩國商訂。 又葡國迅定律例，如有犯此約章，應分別懲處。 第四款，澳門水陸地方如何防緝走私，彼此派員會訂查緝之地位，並可行之辦法。 第五款，照英約推廣西江各口及廣州府屬各埠行輪，惟須遵守現行一切章程。 如不遵守，仍不准照辦。 葡國並定律例，分別懲辦。 第六款，葡萄牙酒無葡國執照，不得照本約所附稅則納稅。 第七款，通商口岸地方居住貿易。 第八款，華人入葡國版籍，須專定律例，杜其在內地所享利益，及藉葡國籍以脫卸在華所立有合同責任。 第九款，加稅免釐。 第十款，發還海關存票。 第十一款，釐定國幣。 第十二款，禁止嗎啡鴉片。 第十三款，振興礦務。 第十四款，合股經營。 第十五款，保護貨牌及創蓺執照。 第十六款，整頓律例。 第十七款，籌安民教。 第十八款，條約年限。 第十九款，本約以英文為准。 第二十款，在北京互換。 以上各款，為我所側重者，在洋藥緝私一事。 葡使立意，約文以渾括為准，免致議院再有疑阻。 商酌至再，將詳細辦法另立專章。 計釐定第三款專章五條，大旨在洋藥運至澳門，必須囤入官棧。 其由棧報運中國，則由彼此會同稽查，必須完清海關稅釐，始准搬出。 如不進官棧，私自登岸，按葡律核辦。 其由原船私運中國，由拱北關緝辦。 並嗣後有應行商酌加添，由澳官與稅務司商訂。 第五款專章十五條，在澳門專設躉船，以便由拱北關查驗由澳門來往各處貨物為要義。 其一切限制辦法，悉照英約內港行輪章程核議。 迭經臣世凱、臣之洞往復籌度，公同斟酌妥善，電請外務部核准，然後與之定議。 至陸路稽徵稅項，訂明設在總車站，載入鐵路合同之內。 又第三款，澳門食用洋藥定數，恐將來澳督與稅司多少爭執，意見不同，特用照會聲明，可由彼此在北京之代表人細查會定。 又籌安民教一款，葡使奉其政府訓條，另備照會聲明，凡有天主教堂在華之他國已經允許者，葡國始可照辦。 此會訂約款章程及另備照會之情形也。 伏念葡萄牙國以和約未經與議，不認各國修改稅則，而要索澳門分設鐵路與粵漢鐵路相接，是以外務部原議在澳門設關，以為互換利益。 今葡國以議院未能核准，前約已不廢而廢，故此次詳訂中國海關在澳門水陸地方查緝洋藥走私辦法許可權，以為補救。 葡使欲以新約包括前約，誠心相助，妥訂條款章程，雖無設關之名，可收緝私之實。 並由臣宣懷與葡使將粵澳鐵路合同，同兩國商董妥議，已將車站徵稅一條列入合同之內，已請外務部核准。 忽接來電，謂廣東紳商不允葡運粵米，不能不俯順輿情，令再研商。 適葡使急於返國，不能再候，擬將米事留後再議，先將商約暨章程先行畫押。」 報可。
At first the Portuguese minister submitted a draft commercial treaty of twenty articles. Lü Haihuan and his colleagues singled out unacceptable provisions and negotiated back and forth. The Portuguese minister also asked that Chinese residents of Macao be allowed to import six million shi of rice each year free of duty for their subsistence. Lü Haihuan and his colleagues replied that Macao's Chinese population did not exceed one hundred thousand—how could they require six million shi a year? They refused. The Foreign Ministry then reported, on the basis of an investigation by the Governor-General of Guangdong, that only three hundred thousand shi per year could be allowed. Purchases were further limited to Guangdong Province alone. The Portuguese minister would not agree. Only after prolonged discussion were all the articles settled. Lü Haihuan then memorialized the throne: "In all, twenty treaty articles were revised and agreed. Article One declares that the old treaty shall continue to be observed. Article Two declares that Portugal accepts the augmented tariff schedule fixed at the peace conference. Article Three declares that all opium entering Macao must be stored in bonded warehouses. No opium beyond the annual quota for Macao's consumption may be removed. Shipments declared for destinations in China must also be guarded against clandestine diversion. All necessary regulations are to be negotiated by both countries. Portugal is also to enact laws promptly so that violations of these provisions may be punished accordingly. Article Four provides that both sides shall appoint officials to agree on positions and methods for preventing smuggling on Macao's land and waters. Article Five extends steam navigation on the West River and at ports under Guangzhou Prefecture as in the British treaty, subject to all regulations now in force. Noncompliance will still bar approval. Portugal is also to enact laws providing for appropriate penalties. Article Six provides that Portuguese wine without a Portuguese license may not be taxed under the tariff schedule annexed to this treaty. Article Seven concerns residence and trade at treaty ports. Article Eight requires special laws on Chinese acquiring Portuguese nationality, to prevent them from retaining inland privileges or using Portuguese status to evade contractual obligations in China. Article Nine provides for increased duties in lieu of likin. Article Ten concerns return of customs warehouse receipts. Article Eleven fixes the national currency. Article Twelve prohibits morphine and opium. Article Thirteen promotes mining. Article Fourteen provides for joint-stock enterprise. Article Fifteen protects trademarks and patents. Article Sixteen provides for revision of laws. Article Seventeen addresses protection of the people and religious affairs. Article Eighteen fixes the term of the treaty. Article Nineteen provides that the English text shall be authoritative. Article Twenty provides for exchange at Beijing. Of the articles above, the one I emphasize most is the suppression of opium smuggling. The Portuguese minister wished the treaty text to remain general so as not to provoke further objections in parliament. After repeated consultation, detailed procedures were set forth in separate special articles. Five special articles were agreed under Article Three, the main point being that opium shipped to Macao must be stored in bonded warehouses. Shipments from the warehouses declared for China would be jointly inspected; removal would be permitted only after customs duties and likin were fully paid. Landing without entering the bonded warehouse would be handled under Portuguese law. Clandestine shipment directly to China from the original vessel would be suppressed by the Gongbei Customhouse. Any further provisions to be added would be negotiated between Macao officials and the tax commissioner. Fifteen special articles under Article Five provide for receiving hulks to be established at Macao so that the Gongbei Customhouse may inspect goods moving to and from Macao. All restrictive procedures were to follow the inland steam-navigation regulations of the British treaty. After repeated consultation between Yuan Shikai and Zhang Zhidong, and joint deliberation to a satisfactory conclusion, approval was telegraphed from the Foreign Ministry before final agreement with the Portuguese side. Land-route tax collection was stipulated for the main railway station and written into the railway contract. As to the fixed quota for opium consumed in Macao under Article Three, fearing future disputes between the Macao governor and the tax commissioner, a note was exchanged stating that representatives of both sides in Beijing might examine the matter and fix the figure jointly. On the article concerning protection of the people and religion, the Portuguese minister, by his government's instructions, submitted a separate note stating that Portugal would follow suit only where other countries with Catholic churches in China had already been granted such permission. Such were the circumstances of the negotiated treaty articles, regulations, and exchanged notes. Portugal had not participated in the general tariff agreement and did not accept the revised schedule, yet sought a branch railway from Macao linked to the Canton-Hankow line. The Foreign Ministry had therefore originally proposed a customhouse at Macao as reciprocal benefit. Because Portugal's parliament could not approve the prior agreement, that treaty was effectively void though not formally abrogated. The present detailed provisions granting Chinese customs authority to suppress opium smuggling on Macao's land and waters were therefore adopted as a substitute. The Portuguese minister, wishing the new treaty to incorporate the old and offering sincere cooperation, helped settle the articles and regulations so that, though there was no customhouse in name, the substance of anti-smuggling enforcement was secured. Sheng Xuanhuai and the Portuguese minister, together with merchant directors of both countries, also properly negotiated the Canton-Macao railway contract, including a provision on tax collection at stations, which has been submitted for Foreign Ministry approval. A telegram then arrived stating that Guangdong gentry and merchants would not permit Portuguese import of Guangdong rice and that public sentiment could not be ignored; orders came to reopen discussion. The Portuguese minister was eager to return home and could wait no longer. It was proposed to defer the rice question and sign the commercial treaty and regulations first." Approval was granted.
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三十四年正月，日本船辰丸號密運槍砲彈藥向中國輸入，假泊澳門附近之過路環島東方二海里地，為中國砲艦所捕獲。 日本政府以系葡萄牙領海為詞，葡國政府亦言辰丸碇泊地系葡國領海。 於是復議中、葡畫境一事。 ，葡政府派海軍提督瑪喀多，中政府派雲南交涉使高而謙，為畫境全權大臣，會議於香港。 葡使初要求澳門半島及拱北、小橫琴、大橫琴、譚仔、過路環諸島，與附近海面，均為葡領，謙不允。 又要求譚仔、過路環二島，澳門半島，及拱北、大小橫琴諸島之一部，及附近海面為葡領，謙仍不允，只允譚仔、過路環二島承認為葡領，餘皆不承認。 相持四閱月不決。 葡使請付萬國和平會議解決，謙又拒之。 旋停止會議，移議於北京。 甫開議，會葡萄牙革命起，遂輟議，成為懸案。 墨西哥在北亞美利加洲。 光緒甲申、乙酉年間，墨以立約招工，來請中國駐美公使楊儒派員赴墨察看情形，擬定約款，電請總署籌辦。 久未定。 二十三年，駐美公使伍廷芳與墨駐美使臣盧美路重提前議。 會盧美路卒，繼使臣阿斯芘羅斯復議此事。 久之，始定為二十款。 初，廷芳與盧美路議也，已允將前議永行墨圓一節刪除，交犯一款，允照總署來函辦法。 至是定議。 廷芳乃上奏，言：「查泰西通例，領事初到，須領駐劄之國認准文憑，方得視事。 大小各國，無不皆然。 中國除巴西約外，各國約內皆無此款。 今於第三款內訂明，『領事得有認准文憑，方能視事』； 『如辦事不合，違背地方條約，可將認准文憑收回』。 將來各國修訂條約，亦可視此為衡。 第五款，不准誘拐華人出洋一節，是查照日斯巴尼亞約辦理。 墨約之訂，實前任使臣鄭藻如首倡其議。 蓋謂『出洋不必禁，誘拐則不可不防，與其受淩虐之後始行設官，不若乘未往之先妥為設法』。 現定必須本人情原，不准誘令出洋，則包攬誘拐之風不禁自絕。 第六款，中國人民與列國人民一律同霑利益一節，我國人民往來貿易，與別國一律無異，將來開荒種植之事，均可援照各國章程辦理。 第八款，原稿『彼此土產稅則未載者，暫時免稅』。 承准總理衙門電示，遵即改為『彼此進出口稅均照相待最優之國一律辦理』。 此是仿照法、墨商約改訂。 第十款，遇有軍務，不准勒令僑民充當兵勇，不得強令捐輸一節，此是仿照英、墨約辦理。 第十五款，中國將來議立交涉公律一節，歐、美通例，凡僑居他國人民，遇有控告案件，均歸地方官訊斷。 惟中國與各國定約，各歸本國領事訊斷。 墨國以利益均霑為詞，不得不暫行照辦。 惟於約內聲明，『若中國將來與各國議立交涉公律，以治僑居中國之外國人民，墨民亦應照辦』。 第十六款，『凡船到口岸，船上諸色人等如有上岸在二十四點鐘內滋事者，准由地方官訊斷，罰鍰監禁』。 此是創給中國官訊問外國人之權。 如地方官辦理得宜，他日各國修約，即可循此而推。 第十七款，『中國人民有事，在墨國控告，得享權利與墨國或相待最優之國人民無異』一節，查本年五月間，墨國覃壁古埠華民數百人，被工頭淩虐，剋扣工資，具詞呈訴，經臣備文由墨使轉達彼國政府，派員嚴切查辦。 惟條約未立，保護莫及。 今約內聲明控告事件得享權利，則遇有不平，隨時赴官剖白，于僑居商民不無裨益。 以上各款，均經悉心酌定，並將漢文與英、墨文字句一一校對，皆相符合。 查墨西哥國地分二十九部。 其南部一歲三穫，尤為沃壤。 民惰耕作，地利未興。 近年新定招人開荒章程，一經開墾，即為永業。 內地人稠，時虞艱食，託足海外，謀生日難，有此邦為消納之區，既可廣開利源，又可隱消患氣。 歷任使臣均以訂墨約為要務，職此之由。 向例草約定後，議約之員，即須會同簽押。 臣隨將約本繕就，訂期十一月十二日，率同參贊隨員，將會訂條約漢文、墨文、英文各二分，覆校無訛，與墨國全權大臣阿斯芘羅斯互相畫押蓋印，咨送總理衙門，請旨批行。」 報可。
In the first month of the thirty-fourth year, the Japanese vessel Tatsumaru was secretly shipping arms and ammunition into China. She lay at anchor two nautical miles east of Coloane Island near Macao and was seized by a Chinese gunboat. Japan argued that the waters were Portuguese territory, and Portugal agreed that the Tatsumaru had anchored in Portuguese territorial sea. The Sino-Portuguese boundary question was therefore reopened. Portugal sent Rear Admiral Macado and China sent Gao Erqian, Yunnan's commissioner for foreign affairs, as plenipotentiaries for boundary talks in Hong Kong. The Portuguese minister initially claimed the Macao Peninsula, Gongbei, the Hengqin islands, Taipa, Coloane, and adjacent waters as Portuguese territory. Gao Erqian refused. A reduced claim—Taipa, Coloane, part of the peninsula and Hengqin islands, and nearby waters—met the same response. Gao would recognize only Taipa and Coloane as Portuguese; nothing else. Four months passed without agreement. When Portugal proposed submitting the dispute to the Hague Peace Conference, Gao Erqian declined once more. Talks in Hong Kong were suspended and the venue shifted to Beijing. Deliberations had barely begun when revolution erupted in Portugal. The talks were abandoned, and the boundary remained unsettled. Mexico lies in North America. During the jia-shen and yi-you years of Guangxu, Mexico sought a labor-recruitment treaty and asked Minister Yang Ru in Washington to send officials to survey conditions, draft articles, and wire the Zongli Yamen for instructions. Years passed without a settlement. In the twenty-third year Wu Tingfang, China's minister in Washington, and Mexico's minister there, Lu Meilu, took up the stalled negotiations. Lu Meilu died before talks progressed; his successor Aspiros carried the negotiations forward. At length the treaty was settled in twenty articles. Early in the talks with Lu Meilu, Wu Tingfang had already agreed to drop a clause on permanent Mexican-dollar circulation and to handle extradition as the Zongli Yamen directed in its letter. The remaining points were now settled. Wu Tingfang memorialized the throne, reporting: "By Western custom, a newly arrived consul must present credentials approved by the host government before he may take up his duties. Every power, large or small, observes this rule. None of China's treaties except Brazil's included such a clause. A consul must hold credentials of approval before assuming office; "If a consul misconducts himself or violates local treaty provisions, his credentials may be revoked." Future treaty revisions with other powers might well take this as a precedent. Article 5, forbidding the abduction of Chinese laborers abroad, was modeled on the Spanish treaty. It was Zheng Zaoru, Wu Tingfang's predecessor, who had first urged a Mexican treaty. He had argued that "emigration itself need not be banned, but kidnapping had to be prevented—and it was better to protect workers before they sailed than to establish offices only after they had been abused." Requiring voluntary consent and forbidding deceptive recruitment would, Wu Tingfang argued, choke off the traffickers without further prohibition. Article 6 granted Chinese the same benefits as other treaty nationals in trade and, prospectively, in land reclamation and planting on the same terms as other foreigners. The original draft said, "Products of either country not listed in the tariff schedules shall temporarily be exempt from duty." The Zongli Yamen wired instructions, and the clause was revised to "import and export duties on both sides shall be assessed on most-favored-nation terms." The change followed the Franco-Mexican commercial treaty. Article 10, exempting overseas Chinese from forced military service and compulsory contributions in wartime, followed the Anglo-Mexican treaty. Article 15 touched mixed jurisdiction. In Europe and America, foreigners sued in a host country were tried by local courts. China's treaties, by contrast, reserved such cases to consular jurisdiction. Mexico invoked most-favored-nation treatment, and China provisionally acquiesced. The treaty stated, "Should China later conclude mixed jurisdictional arrangements with other powers for foreigners resident in China, Mexican nationals would be bound by the same rules." Article 16 provided, "When a ship enters port, any person aboard who goes ashore and within twenty-four hours causes trouble may be tried, fined, or imprisoned by local officials." For the first time Chinese magistrates gained the right to question foreigners. Handled well, the clause might be extended when other treaties came up for revision. Article 17 guaranteed Chinese litigants in Mexico the same rights as Mexicans or nationals of the most-favored nation. That May, several hundred Chinese at Tanbigu had been beaten and cheated of wages by labor contractors; Wu Tingfang had already protested through the Mexican legation, and Mexico had promised a thorough inquiry. Without a treaty in force, however, Beijing could offer them little protection. The new clause gave sojourners a standing right to seek redress in court whenever they suffered wrong. Each article had been weighed with care, and the Chinese, English, and Spanish texts checked line by line—they matched throughout. Mexico comprised twenty-nine departments. The south could produce three crops a year and was exceptionally rich land. Indolence in cultivation had left much of that fertility untapped. New land-opening regulations promised permanent title to anyone who cleared wasteland. China's interior was crowded and often short of grain; emigration was hard to arrange at home. Mexico offered an outlet that could relieve pressure at home while opening new sources of profit abroad. That was why every minister had treated a Mexican treaty as a priority. Once terms were agreed, custom required the negotiators to sign and seal the draft at once. Wu Tingfang prepared the final text, set November 12 for the ceremony, and with his staff rechecked two copies each in Chinese, Spanish, and English before exchanging signatures and seals with Mexico's plenipotentiary Aspiros. He then submitted the treaty to the Zongli Yamen for imperial ratification." The throne approved.
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二十八年，伍廷芳據粵商稟，咨外務部，謂：「自上年中墨訂約後，華人由香港搭船赴墨者日多。 惟華人由香港附輪，先須假道美國三藩市埠，方能赴墨，殊非便商之道，因美正禁止華工入境故也。 擬商明輪船公司，特派數艘由香港逕赴墨國口岸，俾僑民任便往來。 現在中國業已換約，華人附搭輪船來往，庶不致有所窒礙。」 外務部照會英公使，轉行香港總督，飭知英輪公司照辦。 二十九年，出使美日秘古國大臣梁誠咨外務部，請援古巴成案，設總領事官一，兼充參贊，駐墨國薩理那古盧司海口，遇有與外部商辦事件，即可馳赴墨都，並以美使兼攝日、秘、古三國使事。 外務部奏請允行。 是年，墨派員充駐廣州等處領事官。 尋又派領事分駐上海、福州、廈門。 是年墨因防疫，禁止華人前往。 梁誠與交涉，旋弛禁。 墨訂立中國及東方諸國移民入境章程六條，俾共遵守。 三十年，梁誠赴墨都遞國書，開辦使署分館。 墨亦派使臣酈華來華遞國書，並邀覲見，請頒給墨總統暨其國各執政大臣寶星，許之。 三十一年，墨前總統由國民公舉續任六年，墨致國書，由其國駐京公使烏海慕呈遞。 尋由外務部擬覆國書。 是年，墨開萬國地理會，請中國派員入會，許之。 剛果在亞非利加洲剛果河左右。 六月，遣其使臣余式爾來華，請訂和好通商之約，許之。 先是十一月，剛果國外部大臣伊特倭照會中國，謂：「奉命充外部大臣，原與中國開通往來，遇有交涉事件，必當妥善辦理。 尚望貴王大臣推誠相待，以敦睦誼。」 至是乃訂簡明條約二條：一，中國與各國所立約內，凡載身家、財產與審案之權，其如何待遇各國者，今亦可施諸剛果自主之國。 二，議定中國民人可隨意遷往剛果自主之國境內僑寓居住，凡一切動產不動產，皆可購買執業，並可更易業主。 至行船、經商、工藝各事，其待華民與待最優國之民人相同。 各大臣先為親筆畫押，蓋用關防，以昭信守。
In the twenty-eighth year, acting on a petition from Guangdong merchants, Wu Tingfang wrote the Ministry of Foreign Affairs: "Since China and Mexico concluded their treaty last year, more Chinese have been sailing from Hong Kong to Mexico every day. Yet travelers from Hong Kong had to call at San Francisco before reaching Mexico—a needless detour, and one made worse by America's ban on Chinese laborers. He proposed that steamship lines be asked to run direct sailings from Hong Kong to Mexican ports so emigrants could travel freely. With the treaty now in force, such sailings ought to proceed without hindrance." The Ministry of Foreign Affairs notified the British minister, asking him to relay the request to the Hong Kong governor and the British steamship lines. In the twenty-ninth year Liang Cheng, minister to the United States, Japan, Peru, and Cuba, asked the Ministry of Foreign Affairs—following the Cuban precedent—to appoint a consul-general doubling as legation attaché at Salina Cruz, able to reach Mexico City quickly when business with the foreign ministry arose, while the minister in Washington continued to cover Japan, Peru, and Cuba. The ministry memorialized for approval, which was granted. Mexico appointed consuls at Guangzhou and elsewhere that year. Consuls followed at Shanghai, Fuzhou, and Xiamen. Later that year Mexico barred Chinese entry on public-health grounds. Liang Cheng protested, and the restriction was soon withdrawn. Mexico and China then agreed on six articles governing immigration from China and other Eastern countries. In the thirtieth year Liang Cheng traveled to Mexico City to present his credentials and opened a legation branch office. Mexico sent Minister Li Hua to Beijing with credentials, sought an audience, and requested orders of merit for the president and cabinet—all of which were granted. In the thirty-first year Mexico's incumbent president was re-elected for six years; Wuhaimu, the Mexican minister in Beijing, presented the new credentials. The Ministry of Foreign Affairs shortly drafted a reply in the same form. Mexico also invited China to an international geographical congress that year; the invitation was accepted. The Congo Free State lay along the Congo River in Africa. In the sixth month its minister Yushier arrived in China to negotiate a treaty of amity and commerce; the request was accepted. As early as the eleventh month, Congo's foreign minister Yitewo had written Beijing: "On assuming this office I meant to open relations with China and to handle any matters of negotiation in good faith. I trust Your Excellencies will meet me in the same spirit and strengthen the bonds between our countries." A brief treaty of two articles followed. First, every provision in China's other treaties governing personal status, property, and judicial rights would apply equally to the Independent State of the Congo. Second, Chinese might settle freely in the Congo, buy and operate movable and immovable property, and transfer ownership as they pleased. In shipping, trade, and crafts they would receive most-favored-nation treatment. Both plenipotentiaries signed in their own hands, affixed their seals, and exchanged the instruments as pledges of good faith.