Monday, January 5, 2015

Full Text and Image

Updated January 6, 2015

The Full Text of Treaty of Nanking

Victoria, by the Grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith, etc., etc., etc. To All and Singular to whom these Presents shall come, Greeting ! Whereas a Treaty between Us and Our Good Brother The Emperor of China, was concluded and signed, in the English and Chinese Languages, on board Our Ship the Cornwallis, at Nanking, on the Twenty-ninth day of August, in the Year of Our Lord One Thousand Eight Hundred and Forty-two, by the Plenipotentiaries of Us and of Our said Good Brother, duly and respectively authorized for that purpose; which Treaty is hereunto annexed in Original.
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Treaty
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, being desirous of putting an end to the misunderstandings and consequent hostilities which have arisen between the two Countries, have resolved to conclude a Treaty for that purpose, and have therefore named as their Plenipotentiaries, that is to say: Her Majesty the Queen of Great Britain and Ireland, Sir Henry Pottinger, Bart., a Major General in the Service of the East India Company, etc., etc.;
And His Imperial Majesty the Emperor of China, the High Commissioners Keying, a Member of the Imperial House, a Guardian of the Crown Prince and General of the Garrison of Canton; and Elepoo, of Imperial Kindred, graciously permitted to wear the insignia of the first rank, and the distinction of Peacock's feather, lately Minister and Governor General etc., and now Lieutenant-General Commanding at Chapoo: Who, after having communicated to each other their respective Full Powers and found them to be in good and due form, have agreed upon, and concluded, the following Articles:
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玆因大清皇帝,大英君主,欲以近來之不和之端解釋,止肇釁,為此議定設立永久和約。是以大清大皇帝特派欽差便宜行事大臣太子少保鎮守廣東廣州將軍宗室耆英,頭品頂戴花翎前閣督部堂乍浦副都統紅帶子伊里布;大英伊耳蘭等國君主特派全權公使大臣英國所屬印度等處三等將軍世襲男爵朴鼎查;公衕各將所奉之上諭便宜行事及敕賜全權之命互相較閱,俱屬善當,即便議擬各條,陳列於左:
Article 1.
There shall henceforward be Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, and between their respective Subjects, who shall enjoy full security and protection for their persons and property within the Dominions of the other.
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一、嗣后大清大皇帝、大英國君主永存平和,所屬華英人民彼此友睦,各住他國者必受該國保佑身家全安。
Article 2.
His Majesty the Emperor of China agrees that British Subjects, with their families and establishments, shall be allowed to reside, for the purpose of carrying on their Mercantile pursuits, without molestation or restraint at the Cities and Towns of Canton, Amoy, Foochow-fu, Ningpo, and Shanghai, and Her Majesty the Queen of Great Britain, etc., will appoint Superintendents or Consular Officers, to reside at each of the above-named Cities or Towns, to be the medium of communication between the Chinese Authorities and the said Merchants, and to see that the just Duties and other Dues of the Chinese Government is hereafter provided for, are duly discharged by Her Britannic Majesty's Subjects.
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一、自今以后,大皇帝恩准英國人民帶衕所屬家眷,寄居大清沿海之廣州、福州、廈門、寧波、上海等五處港口,貿易通商無礙;且大英國君主派設領事、管事等官住該五處城邑,專理商賈事宜,與各該地方官公文往來;令英人按照下條開敘之列,清楚交納貨稅、鈔餉等費。
Article 3.
It being obviously necessary and desirable, that British Subjects should have some Port whereat they may careen and refit their Ships, when required, and keep Stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the Queen of Great Britain, etc., the Island of Hongkong, to be possessed in perpetuity by Her Britannic Majesty, Her Heirs and Successors, and to be governed by such Laws and Regulations as Her Majesty the Queen of Great Britain, etc., shall see fit to direct.
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一、因大英商船遠路涉洋,往往有損壞須修補者,自應給予沿海一處,以便修船及存守所用物料。今大皇帝准將香港一島給予大英國君主暨嗣后世襲主位者常遠據守主掌,任便立法治理。
Article 4.
The Emperor of China agrees to pay the sum of Six Millions of Dollars as the value of Opium which was delivered up at Canton in the month of March 1839, as a Ransom for the lives of Her Britannic Majesty's Superintendent and Subjects, who had been imprisoned and threatened with death by the Chinese High Officers.
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一、因大清欽差大憲等於道光十九年二月間經將大英國領事官及民人等強留粵省,嚇以死罪,索出鴉片以為贖命,今大皇帝准以洋銀六百萬員償補原價。
Article 5.
The Government of China having compelled the British Merchants trading at Canton to deal exclusively with certain Chinese Merchants called Hong Merchants (or Cohong) who had been licensed by the Chinese Government for that purpose, the Emperor of China agrees to abolish that practice in future at all Ports where British Merchants may reside, and to permit them to carry on their mercantile transactions with whatever persons they please, and His Imperial Majesty further agrees to pay to the British Government the sum of Three Millions of Dollars, on account of Debts due to British Subjects by some of the said Hong Merchants (or Cohong), who have become insolvent, and who owe very large sums of money to Subjects of Her Britannic Majesty.
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一、凡大英商民在粵貿易,向例全歸額設行商,亦稱公行者承辦,今大皇帝准以嗣后不必仍照向例,乃凡有英商等赴各該口貿易者,勿論與何商交易,均聽其便;且向例額設行商等內有累欠英商甚多無措清還者,今酌定洋銀三百萬員,作為商欠之數,准明由中國官為償還。
Article 6.
The Government of Her Britannic Majesty having been obliged to send out an Expedition to demand and obtain redress for the violent and unjust Proceedings of the Chinese High Authorities towards Her Britannic Majesty's Officer and Subjects, the Emperor of China agrees to pay the sum of Twelve Millions of Dollars on account of the Expenses incurred, and Her Britannic Majesty's Plenipotentiary voluntarily agrees, on behalf of Her Majesty, to deduct from the said amount of Twelve Millions of Dollars, any sums which may have been received by Her Majesty's combined Forces as Ransom for Cities and Towns in China, subsequent to the 1st day of August 1841.
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一、因大清欽命大臣等向大英官民人等不公強辦,致須撥發軍士討求伸理,今酌定水陸軍費洋銀一千二百萬員,大皇帝准為償補,惟自道光二十一年六月十五日以后,英國因贖各城收過銀兩之數,大英全權公使大臣為君主准可,按數扣除。
Article 7.
It is agreed that the Total amount of Twenty-one Millions of Dollars, described in the three preceding Articles, shall be paid as follows:
Six Millions immediately.
Six Millions in 1843. That is: Three Millions on or before the 30th of the month of June, and Three Millions on or before the 31st of December.
Five Millions in 1844. That is: Two Millions and a Half on or before the 30th of June, and Two Millions and a half on or before the 31st of December.
Four Millions in 1845. That is: Two Millions on or before the 30th of June, and Two Millions on or before the 31st of December; and it is further stipulated, that Interest at the rate of 5 per cent. per annum, shall be paid by the Government of China on any portions of the above sums that are not punctually discharged at the periods fixed.
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一、以上三條酌定銀數共二千一百萬員應如何分期交清開列於左:
此時交銀六百萬員;
癸卯年六月間交銀三百萬員,十二月間交銀三百萬員,共銀六百萬員;
甲辰年六月間交銀二百五十萬員,十二月間交銀二百五十萬員,共銀五百萬員;
乙巳年六月間交銀二百萬員,十二月間交銀二百萬員,共銀四百萬員;
自壬寅年起至乙巳年止,四年共交銀二千一百萬員。倘有按期未能交足之數,則酌定每年每百員加息五員。
Article 8.
The Emperor of China agrees to release unconditionally all Subjects of leer Britannic Majesty (whether Natives of Europe or India) who may be in confinement at this moment, in any part of the Chinese Empire.
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一、凡系大英國人,無論本國、屬國軍民等,今在中國所管轄各地方被禁者,大清大皇帝准即釋放。
Article 9.
The Emperor of China agrees to publish and promulgate, under His Imperial Sign Manual and Seal, a full and entire amnesty and act of indemnity, to all Subjects of China on account of their having resided under, or having had dealings and intercourse with, or having entered the Service of Her Britannic Majesty, or of Her Majesty's Officers, and His Imperial Majesty further engages to release all Chinese Subjects who may be at this moment in confinement for similar reasons.
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一、凡系中國人,前在英人所據之邑居住者,或與英人有來往者,或有跟隨及伺候英國官人者,均由大皇帝俯降御旨,譽錄天下,恩准全然免罪;且凡系中國人,為英國事被拿監禁受難者,亦加恩釋放。
Article 10.
His Majesty the Emperor of China agrees to establish at all the Ports which are by the 2nd Article of this Treaty to be thrown open for the resort of British Merchants, a fair and regular Tariff of Export and Import Customs and other Dues, which Tariff shall be publicly notified and promulgated for general information, and the Emperor further engages, that when British Merchandise shall have once paid at any of the said Ports the regulated Customs and Dues agreeable to the Tariff, to be hereafter fixed, such Merchandise may be conveyed by Chinese Merchants, to any Province or City in the interior of the Empire of China on paying a further amount as Transit Duties which shall not exceed per cent. On the tariff value of such goods.
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一、前第二條內言明開關俾英國商民居住通商之廣州等五處,應納進口、出口貨稅、餉費,均宜秉公議定則例,由部頒發曉示,以便英商按例交納;今又議定,英國貨物自在某港按例納稅后,即准由中國商人遍運天下,而路所經過稅關不得加重稅例,只可按估價則例若干,每兩加稅不過分。
Article 11.
It is agreed that Her Britannic Majesty's Chief High Officer in China shall correspond with the Chinese High Officers, both at the Capital and in the Provinces, under the term "Communication" 照會 [pinyin zhàohuì]. The Subordinate British Officers and Chinese High Officers in the Provinces under the terms "Statement" 申陳 [pinyin shēnchén ]on the part of the former, and on the part of the latter "Declaration" 劄行 [pinyin zhāháng], and the Subordinates of both Countries on a footing of perfect equality. Merchants and others not holding official situations and, therefore, not included in the above, on both sides, to use the term "Representation" 稟明 [pinyin bǐngmíng ] in all Papers addressed to, or intended for the notice of the respective Governments.
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一、議定英國住中國之總管大員,與大清大臣無論京內、京外者,有文書來往,用照會字樣;英國屬員,用申陳字樣;大臣批覆用劄行字樣;兩國屬員往來,必當平行照會。若兩國商賈上達官憲,不在議內,仍用稟明字樣為著。
Article 12.
On the assent of the Emperor of China to this Treaty being received and the discharge of the first installment of money, Her Britannic Majesty's Forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the Trade of China. The Military Post at Chinhai will also be withdrawn, but the Islands of Koolangsoo and that of Chusan will continue to be held by Her Majesty's Forces until the money payments, and the arrangements for opening the Ports to British Merchants be completed.
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一、俟奉大清大皇帝允准和約各條施行,并以此時准交之六百萬員交清,大英水陸軍士當即退出江寧、京口等處江面,并不再行攔阻中國各省商賈貿易。至鎮海之招寶山,亦將退讓。惟有定海縣之舟山海島、廈門廳之古浪嶼小島,仍歸英兵暫為駐守;迨及所議洋銀全數交清,而前議各海口均已開辟俾英人通商后,即將駐守二處軍士退出,不復占據。
Article 13.
The Ratification of the Treaty by Her Majesty the Queen of Great Britain, etc., and His Majesty the Emperor of China shall be exchanged as soon as the great distance which separates England from China will admit; but in the meantime counterpart copies of it, signed and sealed by the Plenipotentiaries on behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions and arrangements shall take effect.
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一、以上各條均關議和要約,應候大臣等分別奏明大清大皇帝、大英君主各用硃、親筆批准后,即速行相交,俾兩國分執一冊,以昭信守;惟兩國相離遙遠,不得一旦而到,是以另繕二冊,先由大清欽差便宜行事大臣等、大英欽奉全權公使大臣各為君上定事,蓋用關防印信,各執一冊為據,俾即日按照和約開載之條,施行妥辦無礙矣。要至和約者。
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Done at Nanking and Signed and Sealed by the Plenipotentiaries on board Her Britannic Majesty's ship Cornwallis, this twenty-ninth day of August, 1842, corresponding with the Chinese date, twenty-fourth day of the seventh month in the twenty-second Year of Taou Kwang.

(L.S.) Henry Pottinger,
Her Majesty's Plenipotentiary.
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Chinese Signatures (3).[1]
Chinese Seal.[2]
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道光二十二年七月二十四日即英國記年之一千八百四十二年八月二十九日由江寧省會行大英君主汗華囇船上鈴關防。
[Instrument of Ratification]
We, having seen and considered the Treaty aforesaid, have approved, accepted, and confirmed the same in all and every one of its Articles and Clauses, as We do by these Presents approve, accept, confirm, and ratify it for Ourselves, Our Heirs, and Successors:Engaging and Promising upon Our Royal Word, that We will sincerely and faithfully perform and observe all and singular the things which are contained and expressed in the Treaty aforesaid, and that We will never suffer the same to be violated by any one, or transgressed in any manner, as far as it lies in Our Power.
For the greater Testimony and Validity of all which, We have caused the Great Seal of Our United Kingdom of Great Britain and Ireland to be affixed to these Presents, which We have signed with Our Royal Hand.
Given at Our Court at Windsor Castle, the Twenty-eighth day of December, in the Year of Our Lord One Thousand Eight Hundred and Forty-two, and in the Sixth Year of Our Reign.

(Signed) Victoria R.
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[1] These were of, from right to left (Chinese text are written from right to left, vertically) Keying 耆英, Elepoo 伊里布 and Niukien 牛鑑. Keying, being the most senior of the three Ch'ing officials, signed on the far right, the rest went leftward according to seniority. It is also important for me to take a moment to clarify that these were not formal signatures, but rather stylized marks known as 花押 (Kao). A Kao mark usually combines one or more characters of one's name with certain self-styled art form. Ironically, though not formal, Kao had been quite commonly used in executing legal documents because it is much harder to forge. Kao was invented in China around 550AD and was introduced to Japan in the 10th Century. The Western world became aware of its existence from Japan and hence the Japanized name.
signatureKao
The images on the left provide a side-by-side comparison of signature and Kao of the same person; they belonged to Dai Ch'ing statesman Li Hung-chang (Li Hongzhang) 李鴻章. It's a pity that I have as yet to find the signature of Keying.

[2] There were two types: the official seal known as Quan Fang 關防 and the Qi Feng Zhang 騎縫章. The former was the rectangle seal set right above the Kao of the three men. It was carved in Manchu script and was probably belonged to Keying since he was the head of the Ch'ing delegation. Quan Fang was an “ad hoc” official seal given to an official tasked with a special assignment. In this case Keying was the Imperial Commissioner and Plenipotentiary of Emperor Tao-kuang (Daoguang) 道光帝 appointed for the sole purpose to negotiate with the British to end the war. Naturally, Keying would have in his possession another official seal, known as Guan Yin 官印 and carved in both Manchu and Han script, for his designation as General of the Canton garrison. The Qi Feng Zhang was stamped on every adjourning pages attached to each other by ribband to ensure the pages would not be tampered with. It is probably called “fan stamping” in English. In this case there were two, a lager one for pages with Chinese text and one smaller for the English. Both were carved in Manchu script.



Image of Treaty of Nanking



Source: National Palace Museum in Taipei 台北市國立故宮博物院.



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