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金勇军的博客

清华大学经管学院商法副教授

 
 
 

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主要研究领域:知识产权法、公司法、合同法及其法院司法判例研究。

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2016年08月30日  

2016-08-30 13:50:48|  分类: 默认分类 |  标签: |举报 |字号 订阅

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南京条约[1]

 

兹因大清大皇帝,大英君主,欲以近来之不和之端解释,息止肇衅,为此议定设立永久和约。是以大清大皇帝特派差便宜行事大臣,太子少保镇守广东广州将军宗室耆英,头品顶戴花翎前阁督部堂乍浦副都统红带子伊里布;大英伊耳兰等国君主特派钦奉全权公使大臣,英国所属印度等处三等将军世袭男爵璞鼎查;公同各将所奉之上谕便宜行事及敕赐全权之命,互相较阅,俱属善当,即便议拟各条,陈列如下:

 

    一、嗣后大清大皇帝与大英君主,永存平和,所属华英人民,彼此友睦,各住他国者,必受该国保佑,身家全安。

    二、自今以后,大皇帝恩准,大英国人民,带同所属家眷,寄居大清沿海之广州、福州、厦门、宁波、上海等五处港口,贸易通商无碍。且大英国君主派设领事、管事等官,住该五处城邑,专理商贾事宜。与各该地方官公文往来,令英人按照下条开叙之例,清楚交纳货税、钞饷等费。

    三、因大英商船,远路涉洋,往往有损坏须修补者,自应给予沿海一处,以便修船及存守所用物料。今大皇帝准将香港一岛,给予大英君主暨嗣后世袭主位者,常远据守主掌,任便立法治理。

    四、因大清饮差大臣等于道光十九年二月间,经将大英国领事官及民人等,强留粤省,吓以死罪,索出鸦片,以为赎命。今大皇帝准以洋银六百万圆,偿补原价。

    五、凡大英商民,在粤贸易,向例全归额设商行亦称公行者承办,今大皇帝准以嗣后不必仍照向例,乃凡有英商等赴各该口贸易者,勿论与何商交易,均听其便。且向例额设行商等,内有累欠英商甚多,无措清还者,今酌定洋银三百万元,作为商欠之数,准明由中国官为偿还。

    六、因大清钦命大臣等向大英官民人等,不公强办,致须拨发军士,讨求伸理,今酌定水陆军费洋银一千二百万元,大皇帝准为偿补。惟自道光二十一年六月十五日以后,英国因赎各城收过银两之数。大英全权公使大臣为君主准,可按数扣除。

    七、以上三条酌定银数,共二千一百万元,应如何分期交清开列如下:此时交银六百万元,癸卯年六月间交银三百万元,十二月间交银三百万元,共银六百万元。甲辰年六月间交银二百五十万元,十二月间交银二百五十万万元,共银五百万元。乙巳年六月间交银二百万元,十二月间交银二百万元,共银四百万元。自壬寅年起,至乙巳止,四年共交银二千一百万元。倘有按期未能交足之数,则酌定每年每百元应加息五元。

    八、凡系大英国人,无论本国、属国军民等,今在中国所管辖各地方被禁者,大清大皇帝准即释放。

    九、凡系中国人,前在英国人所据之邑居住者,或与英人有来往者,或有跟随及伺候英国官人者,均由大皇帝俯降谕旨,誊录天下,恩准全然免罪。且凡系中国人为英国事被拿监禁受难者,亦加恩释放。

    十、前第二条内言明开关,俾英国商民居住通商之广州等五处,应纳进口出口货税、饷费,均宜秉公议定则例,由部颁发晓示,以便英商按例交纳。今又议定,英国货物,自在某港按例纳税后,即准由中国商人,遍运天下,而路所经过,税关不得加重税例,只可按估价则例若干,每两加税不过某分。

    十一、议定英国住中国之总管大员,与大清大臣,无论京内京外者,有文书来往,用照会字样;英国属员,用申陈字样;大臣批复,用札行字样。两国属员往来,必当平行照会。 若两国商贾上达官宪,不在议内,仍用禀明字样为著。

    十二、俟奉大清大皇帝允准,和约各条施行,并以此时准交之六百万元交清,大英水陆军士,当即退出江宁、京口等处江面,并不再行拦阻中国各省商贾贸易。至镇海之招宝山亦将退让。惟有定海县之舟山海岛,厦门厅之鼓浪屿小岛,仍归英兵暂为驻守,迨及所议洋银全数交清,而前议各海口均已开关,俾英人通商后,即将驻守二处军士退出,不复占据。

  十三、以上各条,均关议和要约,应俟大臣等分别奏明各由大清大皇帝主硃笔批准,及大英国君主亲笔批准后,即速相交,俾两国分执一册,以昭信守。惟两国相离遥远不得一旦而到,是以另缮二册,先由大清钦差便宜行事大臣等及大英钦奉全权公使大臣,各为君上定事,盖用关防印信,各执一册为据,俾即日按照和约开载之条,施行妥办无碍。

  道光二十二年七月二十四日,即英国记年之一千八百四十二年八月二十九日,由江宁省会行大英君主汗华丽船上钤关防。[2]

 

  签字样:[3]

 

2016年08月30日 - 金勇军 - 金勇军的博客

 

 


Treaty of Nanking[4]

 

 

     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.

 

 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, 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 Commiasioners 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:

     ARTICLE I. 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.

     ARTICLE II. 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.

     ARTICLE III. 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.

    ARTICLE IV. 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.

    ARTICLE V. 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 acoount 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.

     ARTICLE VI. 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.

     ARTICLE VII. 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 31 st 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.

     ARTICLE VIII. 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.

     ARTICLE IX. 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 lmperial Majesty further engages to release all Chinese Subjects who may be at this moment in confinement for similar reasons.

     ARTICLE X. 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.

     ARTICLE XI. 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\" [chinese characters]. The Subordinate British Officers and Chinese High Officers in the Provinces under the terms \"Statement\" [chinese characters] on the part of the former, and on the part of the latter \" Declaration \" [chinese characters], 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 \" [chinese characters] in all Papers addressed to, or intended for the notice of the respective Governments.

     ARTICLE XII. On the assent of the Emperor of China to this Treaty being received and the discharge of the first instalment 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.

     ARTICLE XIII. 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.

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.

 

2016年08月30日 - 金勇军 - 金勇军的博客

 [5]

 

     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. [6]



[2] 中方签字人为:耆英、伊里布和两江总督牛鉴;英方签字人为璞鼎查(Pottinger

[3] 台湾国立故宫博物院馆藏版(http://libdb1.npm.gov.tw/ttscgi/capimg2.exe?1:121345731:910000108001-0-0.pdf)。

[4] 可以与英国伦敦公报版本(https://www.thegazette.co.uk/London/issue/20276/page/3597)核对。标题为笔者增加。

[5] 台湾国立故宫博物院馆藏版(http://libdb1.npm.gov.tw/ttscgi/capimg2.exe?1:121345731:910000108001-0-0.pdf)。

[6] 英国女王批准文句,见http://china.usc.edu/treaty-nanjing-nanking-18422016830访问)。

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