《南京条约》原文

条约简介:
《南京条约》是中国近代第一个不平等条约,它是英国第一次侵华战争――鸦片战争的结果.
英国向中国输入鸦片由来已久,到19世纪30年代末,输入量达到惊人的程度.这种肮脏的鸦片贸易不仅使英国人的东印度公司,英属印度政府及鸦片贩子获得暴利,而且与英国政府和整个英国资产阶级形成了密切的利益关系.1839年1月,清朝钦差大臣林则徐奉旨禁烟,并于6月3日进行了震惊中外的虎门销烟.
1840年6月,英国侵略者为保护鸦片贸易,依仗其船坚炮利,发动了侵略中国的鸦片战争.英军先后攻陷舟山,虎门,厦门,宁波,吴淞,镇江等地,并霸占香港岛.1842年(道光二十二年)8月4日,英军进逼南京,索要赎城费300万元.军事失利的清朝以钦差大臣耆英,两江总督牛鉴,署乍浦副都统伊里布为代表,与英方交涉.中英和约谈判开始.
1842年8月11日至29日的条约谈判,清朝代表在英方的军事压力下毫无反抗能力.英方不允许清方对其提出的条件做任何修改,屡屡以进攻南京相要挟.条约中的中英文本完全是英方一手制定的.8月29日,耆英,伊里布与英国全权代表璞鼎查于南京江面上的英国"汗华丽"战舰上签署了和约.南京当时称江宁,该条约又被称为《江宁条约》,今人惯称为《南京条约》.
中英《南京条约》共13款,主要内容是:1.宣布结束战争.两国关系由战争状态,进入和平状态.2.五口通商.清朝政府开放广州,福州,厦门,宁波,上海等五处为通商口岸,准许英国派驻领事,准许英商及其家属自由居住.3.赔款.清政府向英国赔款2100万元,其中600万元赔偿被焚鸦片,1200万元赔偿英国军费,300万元偿还商人债务.其款分4年交纳清楚,倘未能按期交足,则酌定每年百元应加利息5元.4.割地.清朝政府将香港割让给英国.5.另订关税则例.清朝政府将以公平的原则颁布一部新的关税则例,以便英商按例交纳.6.废除公行制度,准许英商与华商自由贸易.
《南京条约》是近代西方资本主义国家强加在中国人民身上的第一个不平等条约.英国以武力侵略的方式迫使中国接受其侵略要求,这就使中国主权国家的独立地位遭到了破坏.强占香港,损害了中国领土的完整.通商口岸成为西方资本主义对中国进行殖民掠夺和不等价交换的中心.巨额赔偿加重了清政府的财政负担,同时转嫁到劳动人民的身上,使他们的生活更加艰苦.《南京条约》签订后,西方列强趁火打劫,相继强迫清政府签订了一系列不平等条约.从此,中国逐步沦为半殖民地半封建社会.

条约原文:

一八四二年八月二十九日,道光二十二年七月二十四日,南京.
兹因大清皇帝,大英君主,欲以近来之不和之端解释,止肇衅,为此议定设立永久和约.是以大清大皇帝特派钦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全权公使大臣英国所属印度等处三等将军世袭男爵朴鼎查;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,陈列于左:
一,嗣后大清大皇帝,大英国君主永存平和,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.

一,自今以后,大皇帝恩准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列,清楚交纳货税,钞饷等费.
一,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国君主暨嗣后世袭主位者常远据守主掌,任便立法治理.

一,因大清钦差大宪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员偿补原价.
一,凡大英商民在粤贸易,向例全归额设行商,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,今酌定洋银三百万员,作为商欠之数,准明由中国官为偿还.
一,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员,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.
一,以上三条酌定银数共二千一百万员应如何分期交清开列于左:
此时交银六百万员;

癸卯年六月间交银三百万员,十二月间交银三百万员,共银六百万员;
甲辰年六月间交银二百五十万员,十二月间交银二百五十万员,共银五百万员;
乙巳年六月间交银二百万员,十二月间交银二百万员,共银四百万员;
自壬寅年起至乙巳年止,四年共交银二千一百万员.
倘有按期未能交足之数,则酌定每年每百员加息五员.
一,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.
一,凡系中国人,前在英人所据之邑居住者,或与英人有来往者,或有跟随及候候英国官人者,均由大皇帝俯降御旨,誉录天下,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.
一,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,每两加税不过分.

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;大臣批覆用札行字样;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.
一,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员交清,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,厦门厅之古浪屿小岛,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辟俾英人通商后,即将驻守二处军士退出,不复占据.
一,以上各条均关议和要约,应候大臣等分别奏明大清大皇帝,大英君主各用 ,亲笔批准后,即速行相交,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,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,施行妥办无碍矣.要至和约者.
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 船上铃关防.
附注
本条约见《海关中外条约》,卷1,页351―356;又是《道光条约》,卷1,页34―37.英文本见《海关中外条约》,与汉文本载在同页上.
本条约原无名称,通常称为《江宁条约》或《南京条约》;据《道光条约》,又称为《白门条约》.
本条约于一八四三年六月二十六日在香港交换批准.

THE TREATY OF NANKING
Nanking, August 29, 1842
Peace Treaty between the Queen of Great Britain and the Emperor of China.
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 [selected] Articles:

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.

II. His Majesty the Emperor of China agrees, that British subjects, with their families and establishments, shall be allowed to reside, for the purposes of carrying on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Amoy, Foochowfoo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c., 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, as hereafter provided for, are duly discharged by Her Britannic Majesty's subjects.

III. It being obviously necessary and desirable that British subjects should have some port whereat they may [maintain] 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, &c., the Island of Hong-Kong, 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, &c., shall see fit to direct.

IV. The Emperor of China agrees to pay the sum of 6,000,000 of dollars, as the value of the 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 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 portion of the above sums that are not punctually discharged at the periods fixed.

V. The Government of China having compelled the British merchants trading at Canton to deal exclusively with certain Chinese merchants, called Hong merchants (or Co-Hong), 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 3,000,000 of dollars, on account of debts due to British subjects by some of the said Hong merchants (or Co-Hong), who have become insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty.

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 12,000,000 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 12,000,000 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.

VII. It is agreed, that the total amount of 21,000,000 of dollars, described in the 3 preceding Articles, shall be paid as follows:

6,000,000 immediately.
6,000,000 in 1843; that is, 3,000,000 on or before the 30th of the month of June, and 3,000,000 on or before the 31st of December.
5,000,000 in 1844; that is, 2,500,000 on or before the 30th of June, and 2,500,000 on or before the 31st of December.
4,000,000 in 1845; that is, 2,000,000 on or before the 30th of June, and 2,000,000 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 portion of the above sums that are not punctually discharged at the periods fixed.

VIII. The Emperor of China agrees to release, unconditionally, all subjects of Her Britannic Majesty (whether natives of Europe or India), who may be in confinement at this moment in any part of the Chinese empire.

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 Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.

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 [see Declaration respecting Transit Duties below] on the tariff value of such goods.

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.

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.

XIII. The ratification of this Treaty by Her Majesty the Queen of Great Britain, &c., 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 29th 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.

[SIGNATURES OF THE THREE CHINESE PLENIPOTENTIARIES]

DECLARATION respecting Transit Duties.

Whereas by the Xth Article of the Treaty between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, concluded and signed on board Her Britannic Majesty's ship Cornwallis, at Nanking, on the 29th day of August, 1842 . . . . it is stipulated and agreed, that His Majesty the Emperor of China shall establish at all the ports which, by the 2nd Article of the said Treaty, are 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 further, 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 of duty as transit duty;

And whereas the rate of transit duty to be so levied was not fixed by the said Treaty; Now, therefore, the undersigned Plenipotentiaries of Her Britannic Majesty, and of His Majesty the Emperor of China, do hereby, on proceeding to the exchange of the Ratifications of the said Treaty, agree and declare, that the further amount of duty to be so levied on British merchandise, as transit duty, shall not exceed the present rates, which are upon a moderate scale; and the Ratifications of the said Treaty are exchanged subject to the express declaration and stipulation herein contained. In witness whereof the respective Plenipotentiaries have signed the present declaration, and have affixed thereto their respective seals.

Done at Hong-Kong, the 26th day of June, 1843