142 Kenneth S. Latourette, 



Macao, and by the control of foreigners at Canton over their 

 mutual relations, but whatever the precedents or whatever the 

 argument by which Gushing got at it, he obtained the first formal 

 recognition in China of the principle in the form in which it is 

 now so important. 161 (9) The citizens of the United States were 

 placed under the protection of the Chinese government, and the 

 latter agreed to defend them from insult and injury. (10) Ves 

 sels of the United States could go and come freely between the 

 ports of China, with full respect for the neutrality of their 

 flag, provided, of course, that the latter should not protect 

 hostile troops, or be used fraudulently on the enemy s vessels, 

 (n) Provision was made for the relief of vessels and their 

 crews when stranded or wrecked on the coast of China. (12) 

 A somewhat more elaborate provision than that in the British 

 treaty was made for communication on mutually equal terms 

 between officers, and between officers and citizens of the United 

 States and China. (13) No presents were to be demanded of 

 either governor by the other. (14) Ships of war, contrary to 

 the old usage, were to be courteously received in the ports of the 

 Empire. (15) Provisions were made for communication between 

 the United States and the court of China such as had been 

 obtained by none before but Russia, it being stipulated that such 

 should be made through certain specified Chinese officials. 162 

 (16) Finally, in sharp contrast to the British treaty, which did 

 not so much as mention the opium question, the treaty of 

 Whanghia provided that any American citizen engaging in the 

 opium or other contraband trade, should be dealt with by the 

 Chinese government without countenance or protection from 

 the United States, and pledged the latter to take steps to keep 

 her flag from being used by the subjects of other nations to cover 

 illegal trade. 



81 This clause brought as its result the necessity for an adequate consular 

 staff in China, a necessity which was to be met later. Sen. Doc. 58, 28 

 Cong., 2 Sess. Gushing to Calhoun, Oct. i, 1844. Also in House Ex. 

 Doc. 69, 28 Cong., 2 Sess. A precedent for exterritoriality occurred as 

 early as 1687 when a Chinese official suggested that an English sailor who 

 had committed depredations on Chinese property, be punished by his 

 fellow countrymen. Eames, The English in China, London, 1909, p. 40. 



162 Sen. Doc. 67, 28 Cong., 2 Sess., p. 54, gives the further negotiations 

 in regard to this on July I3th to 28th inclusive, in which Kiying vainly 

 tried to get this point modified. 



