TREATY
OF AMITY AND COMMERCE
BETWEEN
SIAM
AND THE UNITED STATES
signed
at Sia-Yut'hia (Bangkok), 20th March, 1833
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[Ratifications
exchanged at Bangkok, 14th April 1836]
His
Majesty the Sovereign and Magnificent King in the City of Sia-Yut'hia,
has appointed the Chau Phaya-Phraklang, one of the first Ministers of State,
to treat with Edmund Roberts, Minister of the United States of America,
who has been sent by the Government thereof, on its behalf, to form a treaty
of sincere friendship and entire good faith between the two nations. For
this purpose the Siamese and the citizens of the United States of America
shall, with sincerity, hold commercial intercourse in the Ports of their
respective nations as long as heaven and earth shall endure.
This
Treaty is concluded on Wednesday, the last of the fourth month of the year
1194, called Pi-marong-chat-tavasok, or the year of the Dragon, corresponding
to the 20th day of March, in the year of our Lord 1833. One original is
written in Siamese, the other in English; but as the Siamese are ignorant
of English, and the Americans of Siamese, a Portuguese and a Chinese translation
are annexed, to serve as testimony to the contents of the Treaty. The writing
is of the same tenor and date in all the languages aforesaid. It is signed
on the one part, with the name of the Chau Phaya-Phraklang, and sealed
with the seal of the lotus flower, of glass. On the other part, it is signed
with the name of Edmund Roberts, and sealed with a seal containing an eagle
and stars.
One
copy will be kept in Siam, and another will be taken by Edmund Roberts
to the United States. If the Government of the United States shall ratify
the said Treaty, and attach the Seal of the Government, then Siam will
also ratify it on its part, and attach the Seal of its Government.
ARTICLE
I
There
shall be a perpetual Peace between the Magnificent King of Siam and the
United States of America.
ARTICLE
II
The
Citizens of the United States shall have free liberty to enter all the
Ports of the Kingdom of Siam, with their cargoes, of whatever kind the
said cargoes may consist; and they shall have liberty to sell the same
to any of the subjects of the King, or others who may wish to purchase
the same, or to barter the same for any produce or manufacture of the Kingdom,
or other articles that may be found there. No prices shall be fixed by
the officers of the King on the articles to be sold by the merchants of
the United States, or the merchandise they may wish to buy, but the Trade
shall be free on both sides to sell, or buy, or exchange, on the terms
and for the prices the owners may think fit. Whenever the said citizens
of the United States shall be ready to depart, they shall be at liberty
so to do, and the proper officers shall furnish them with Passports: Provided
always, there be no legal impediment to the contrary. Nothing contained
in this Article shall be understood as granting permission to import and
sell munitions of war to any person excepting to the King, who, if he does
not require, will not be bound to purchase them; neither is permission
granted to import opium, which is contraband; or to export rice, which
cannot be embarked as an article of commerce. These only are prohibited.
ARTICLE
III
Vessels
of the United States entering any Port within His Majesty's dominions,
and selling or purchasing cargoes of merchandise, shall pay in lieu of
import and export duties, tonnage, licence to trade, or any other charge
whatever, a measurement duty only, as follows: The measurement shall be
made from side to side, in the middle of the vessel's length; and, if a
single-decked vessel, on such single deck; if otherwise, on the lower deck.
On every vessel selling merchandise, the sum of 1700 Ticals, or Bats, shall
be paid for every Siamese fathom in breadth, so measured, the said fathom
being computed to contain 78 English or American inches, corresponding
to 96 Siamese inches; but if the said vessel should come without merchandise,
and purchase a cargo with specie only, she shall then pay the sum of 1,500
ticals, or bats, for each and every fathom before described. Furthermore,
neither the aforesaid measurement duty, nor any other charge whatever,
shall be paid by any vessel of the United States that enters a Siamese
port for the purpose of refitting, or for refreshments, or to inquire the
state of the market.
ARTICLE
IV
If
hereafter the Duties payable by foreign vessels be diminished in favour
of any other nation, the same diminution shall be made in favour of the
vessels of the United States.
ARTICLE
V
If
any vessel of the United States shall suffer shipwreck on any part of the
Magnificent King's dominions, the persons escaping from the wreck shall
be taken care of and hospitably entertained at the expense of the King,
until they shall find an opportunity to be returned to their country; and
the property saved from such wreck shall be carefully preserved and restored
to its owners; and the United States will repay all expenses incurred by
His Majesty on account of such wreck.
ARTICLE
VI
If
any citizen of the United States, coming to Siam for the purpose of trade,
shall contract debts to any individual of Siam, or if any individual of
Siam shall contract debts to any citizen of the United States, the debtor
shall be obliged to bring forward and sell all his goods to pay his debts
therewith. When the product of such bona fide sale shall not suffice, he
shall no longer be liable for the remainder, nor shall the creditor be
able to retain him as a slave, imprison, flog, or otherwise punish him,
to compel the payment of any balance remaining due, but shall leave him
at perfect liberty.
ARTICLE
VII
Merchants
of the United States coming to trade in the Kingdom of Siam and wishing
to rent houses therein, shall rent the King's Factories, and pay the customary
rent of the country. If the said merchants bring their goods on shore,
the King's officers shall take account thereof, but shall not levy any
duty thereupon.
ARTICLE
VIII
If
any citizens of the United States, or their vessels, or other property,
shall be taken by pirates and brought within the dominions of the Magnificent
King, the persons shall be set at liberty, and the property restored to
its owners.
ARTICLE
IX
Merchants
of the United States, trading in the Kingdom of Siam, shall respect and
follow the laws and customs of the country in all points.
ARTICLE
X
If
thereafter any foreign nation other than the Portuguese shall request and
obtain His Majesty's consent to the appointment of Consuls to reside in
Siam, the United States shall be at liberty to appoint Consuls to reside
in Siam, equally with such other foreign nation.
Whereas,
the undersigned, Edmund Roberts, a citizen of Portsmouth, in the State
of New Hampshire, in the United States of America, being duly appointed
as Envoy, by Letters Patent, under the Signature of the President and Seal
of the United States of America, bearing date at the City of Washington,
the 26th day of January, in the year of our Lord 1832, for negotiating
and concluding a Treaty of Amity and Commerce between the United States
of America and His Majesty, the King of Siam.
Now
know ye, that I, Edmund Roberts, Envoy as aforesaid, do conclude the foregoing
Treaty of Amity and Commerce, and every Article and Clause therein contained;
reserving the same, nevertheless, for the final Ratification of the President
of the United States of America, by and with the advice and consent of
the Senate of the said United States.
Done
at the Royal City of Sia-Yut'hia (commonly called Bangkok), on the 20th
day of March, in the year of our Lord 1833, and of the Independence of
the United States of America the 57th.
EDMUND
ROBERTS.
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