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TREATY BETWEEN RUSSIA AND KASHGAR.
The following Conditions of Free Trade were proposed and agreed upon between General Aide-de-Camp Von Kaufmann and Yakoob Beg, Chief of Djety-Shahr.
Article I
All Russian subjects, of whatsoever religion, shall have the right to proceed for purposes of trade to Djety-Shahr, and to all the localities and towns subjected to the Chief of Djety-Shahr, which they may desire to visit in the same way as the inhabitants of Djety-Shahr have hitherto been, and shall be in the future, entitled to prosecute trade throughout the entire extent of the Russian Empire. The honourable chief of Djety-Shahr undertakes to keep a vigilant guard over the complete safety of Russian subjects, within the limits of his territorial possessions, and also over that of their caravans, and in general over everything that may belong to them.
Article II
Russian merchants shall be entitled to have caravanserais, in which they alone shall be able to store their merchandise, in all the towns of Djety-Shahr in which they may desire to have them. The merchants of Djety-Shahr shall enjoy the same privilege in the Russian villages.
Article III
Russian merchants shall, if they desire it, have the right to have commercial agents (caravanbashis) in all the towns of Djety-Shahr, whose business it is to watch over the regular courts of trade, and over the legal imposition of customs dues. The merchants of Djety-Shahr shall enjoy the same privilege in the towns of Turkestan.
Article IV
All merchandise transported from Russia to Djety-Shahr, or from that province into Russia, shall be liable to a tax of 2½ per cent. ad valorem. In every case this tax shall not exceed the rate of the tax taken from Mussulmans being subject to Djety-Shahr.
Article V
Russian merchants and their caravans shall be at liberty, with all freedom and security, to traverse the territories of Djety-Shahr in proceeding to countries conterminous with that province. Caravans from Djety-Shahr shall enjoy the same advantages for passing through territories belonging to Russia.
These conditions were sent from Tashkent on the 9th of April, 1872.
General Von Kaufmann I., Governor-General of Turkestan, signed the treaty and attached his seal to it.
In proof of his assent to these conditions, Mahomed Yakoob, Chief of Djety-Shahr, attached his seal to them at Yangy-Shahr, on the 8th of June, 1872.
This treaty was negotiated by Baron Kaulbars.
TREATY BETWEEN ENGLAND AND KASHGAR.
Treaty between the British Government and His Highness the Ameer Mahomed Yakoob Khan, Ruler of the Territory of Kashgar and Yarkand, his heirs and successors, executed on the one part by Thomas Douglas Forsyth, C.B., in virtue of full powers conferred on him in that behalf by His Excellency the Right Hon. Thomas George Baring, Baron Northbrook of Stratton, and a Baronet, Member of the Privy Council of Her Most Gracious Majesty the Queen of Great Britain and Ireland, Grand Master of the Most Exalted Order of the Star of India, Viceroy and Governor-General of India, in Council, and on the other part by Syud Mahomed Khan Toorah, Member of the 1st class of the Order of Medjidie, &c., in virtue of full powers conferred on him by His Highness.
Whereas it is deemed desirable to confirm and strengthen the good understanding which now subsists between the high contracting parties, and to promote commercial intercourse between their respective subjects, the following Articles have been agreed upon: —
Article I
The high contracting parties engage that the subjects of each shall be at liberty to enter, reside in, trade with, and pass with their merchandise and property into and through all parts of the dominions of the other; and shall enjoy in such dominions all the privileges and advantages with respect to commerce, protection or otherwise, which are, or may be, accorded to the subjects of such dominions, or to the subjects or citizens of the most favoured nation.
Article II
Merchants of whatever nationality shall be at liberty to pass from the territories of the one contracting party to the territories of the other, with their merchandise and property at all times, and by any route they please; no restriction shall be placed by either contracting party upon such freedom of transit, unless for urgent political reasons to be previously communicated to the other; and such restriction shall be withdrawn as soon as the necessity for it is over.
Article III
European British subjects entering the dominions of His Highness the Ameer, for purposes of trade, or otherwise, must be provided with passports certifying to their nationality. Unless provided with such passports they shall not be deemed entitled to the benefit of this treaty.
Article IV
On goods imported into British India from territories of His Highness the Ameer, by any route over the Himalayan passes, which lie to the south of His Highness's dominions, the British Government engages to levy no import duties. On goods imported from India into the territories of His Highness the Ameer, no import duty exceeding 2½ per cent., ad valorem, shall be levied. Goods imported, as above, into the dominions of the contracting parties may, subject only to such excise regulations and duties, and to such municipal or town regulations and duties, as may be applicable to such classes of goods generally, be freely sold by wholesale or retail, and transported from one place to another within British India, and within the dominions of His Highness the Ameer respectively.
Article V
Merchandise imported from India into the territories of His Highness the Ameer will not be opened for examination, till arrival at the place of consignment. If any disputes should arise as to the value of such goods, the customs officer, or other officer acting on the part of His Highness the Ameer, shall be entitled to demand part of the goods, at the rate of one in forty, in lieu of the payment of duty. If the aforesaid officer should object to levy the duty by taking a portion of the goods, or if the goods should not admit of being so divided, then the point in dispute shall be referred to two competent persons, one chosen by the aforesaid officer, and the other by the importer, and a valuation of the goods shall be made, and if the referees shall differ in opinion, they shall appoint an arbitrator whose decision shall be final, and the duty shall be levied according to the value thus established.
Article VI
The British Government shall be at liberty to appoint a Representative at the Court of His Highness the Ameer, and to appoint a Commercial Agent, subordinate to him in any town or place considered suitable within His Highness's territories. His Highness the Ameer shall be at liberty to appoint a Representative with the Viceroy and Governor-General of India, and to station Commercial Agents at any places in British India considered suitable. Such Representatives shall be entitled to the rank and privileges accorded to ambassadors by the law of nations, and the Agents shall be entitled to the privileges of Consuls of the most favoured nation.
Article VII
British subjects shall be at liberty to purchase, sell, or hire land, or houses, or depôts for merchandise, in the dominions of His Highness the Ameer, and the houses, depôts, or other premises of British subjects, shall not be forcibly entered or searched without the consent of the occupier, unless with the cognizance of the British Representative or Agent, and in presence of a person deputed by him.
Article VIII
The following arrangements are agreed to for the decision of Civil Suits and Criminal Cases within the territories of His Highness the Ameer, in which British subjects are concerned: —
(a.) Civil suits in which both plaintiff and defendant are British subjects, and Criminal Cases in which both prosecutor and accused are British subjects, or in which the accused is a European British subject, mentioned in the Third Article of this Treaty, shall be tried by the British Representative or one of his Agents, in the presence of an Agent appointed by His Highness the Ameer;
(b.) Civil suits in which one party is a subject of His Highness the Ameer, and the other party a British subject, shall be tried by the Courts of His Highness, in the presence of the British Representative or one of his Agents, or of a person appointed in that behalf by such Representative or Agent;
(c.) Criminal cases in which either prosecutor or accused is a subject of His Highness the Ameer shall, except as above otherwise provided, be tried by the Courts of His Highness in presence of the British Representative, or of one of his Agents, or of a person deputed by the British Representative, or by one of his Agents;
(d.) Except as above otherwise provided, Civil and Criminal Cases in which one party is a British subject, and the other the subject of a foreign power, shall, if either of the parties be a Mahomedan, be tried in the Courts of His Highness; if neither party is a Mahomedan, the case may, with consent of the parties, be tried by the British Representative or one of his Agents; in the absence of such consent, by the Courts of His Highness;
(e.) In any case disposed of by the Courts of His Highness the Ameer to which a British subject is party, it shall be competent to the British Representative, if he considers that justice has not been done, to represent the matter to His Highness the Ameer, who may cause the case to be re-tried in some other Court, in the presence of the British Representative, or of one of his Agents, or of a person appointed in that behalf by such Representative or Agent.
Article IX
The rights and privileges enjoyed within the dominions of His Highness the Ameer by British subjects under the Treaty, shall extend to the subjects of all Princes and States in India in alliance with Her Majesty the Queen; and if, with respect to any such Prince or State, any other provisions relating to this Treaty or to other matters should be considered desirable, they shall be negotiated through the British Government.
Article X
Every affidavit and other legal document filed or deposited in any Court established in the respective dominions of the high contracting parties, or in the Court of the Joint Commissioners in Ladakh, may be proved by an authenticated copy, purporting either to be sealed with the seal of the Court to which the original document belongs, or, in the event of such Court having no seal, to be signed by the Judge, or by one of the Judges of the said Court.
Article XI
When a British subject dies in the territory of His Highness the Ameer his movable and immovable property situate therein shall be vested in his heir, executor, administrator, or other representative on interest or (in the absence of such representative) in the Representative of the British Government in the aforesaid territory. The person in whom such charge shall be so vested shall satisfy the claims outstanding against the deceased, and shall hold the surplus (if any) for distribution among those interested. The above provisions, mutatis mutandis, shall apply to the subjects of His Highness the Ameer, who may die in British India.
Article XII
If a British subject residing in the territories of His Highness the Ameer becomes unable to pay his debts or fails to pay any debt within a reasonable time after being ordered to do so by any Court of Justice, the creditors of such insolvent shall be paid out of his goods and effects; but the British Representative shall not refuse his good offices, if needs be, to ascertain if the insolvent has not left in India disposable property which might serve to satisfy the said creditors. The friendly stipulations in the present Article shall be reciprocally observed with regard to His Highness's subjects who trade in India under the protection of the laws.
This treaty having this day been executed in duplicate and confirmed by His Highness the Ameer, one copy shall, for the present, be left in the possession of His Highness, and the other, after confirmation by the Viceroy and Governor-General of India, shall be delivered to His Highness within twelve months in exchange for the copy now retained by His Highness.
Signed and sealed at Kashgar on the second day of February, in the year of our Lord one thousand eight hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, one thousand two hundred and ninety Hijree.
(Signed) T. Douglas Forsyth,Envoy and Plenipotentiary.
Whereas a Treaty for strengthening the good understanding that now exists between the British Government and the Ruler of the territory of Kashgar and Yarkand, and for promoting commercial intercourse between the two countries, was agreed to and concluded at Kashgar, on the second day of February, in the year of our Lord eighteen hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, twelve hundred and ninety Hijree, by the respective Plenipotentiaries of the Government of India and of His Highness the Ameer of Kashgar and Yarkand, duly accredited and empowered for that purpose: I, the Right Hon. Thomas George Baring, Baron Northbrook of Stratton, &c., &c., Viceroy and Governor-General of India, do hereby ratify and confirm the Treaty aforesaid.
Given under my hand and seal at Government House, in Calcutta, this thirteenth day of April, in the year of our Lord one thousand eight hundred and seventy-four.
(Signed) Northbrook.
Seal
RULES FOR THE GUIDANCE OF THE JOINT COMMISSIONERS APPOINTED FOR THE NEW ROUTE TO EASTERN TURKESTAN
1. As it is impossible, owing to the character of the climate, to retain the Commissioners throughout the year, the period during which they shall exercise their authority shall be taken to commence on 15th May, and to end on 1st December.
2. During the absence of either Commissioner, cases may be heard and decided by the other Commissioner, subject to appeal to the Joint Commissioners.
3. In the months when the Joint Commissioners are absent, i. e. between 1st December and 15th May, all cases which may arise shall be decided by the Wuzeer of Ladakh, subject to appeal to the Joint Commissioners.
4. The Joint Commissioners shall not interfere in cases other than those which affect the development, freedom, and safety of the trade, and the objects for which the Treaty is concluded, and in which one of the parties, or both, are either British subjects, or subjects of a foreign state.
5. In civil disputes the Commissioners shall have power to dispose of all cases, whatever be the value of the property in litigation.
6. When the Commissioners agree, their decision shall be final in all cases. When they are unable to agree, the parties shall have the right of nominating a single arbitrator, and shall bind themselves in writing to abide by his award. Should the parties not be able to agree upon a single arbitrator, each party shall name one, and the two Commissioners shall name a third, and the decision of the majority of the arbitrators shall be final.
7. In criminal cases the powers of the Commissioners shall be limited to offences such as in British territory would be tried by a subordinate Magistrate of the First Class, and as far as possible the procedure of the Criminal Procedure Code shall be followed. Cases of a more heinous kind should be made over to the Maharaja for trial, if the accused be not a European British subject; in the latter case he should be forwarded to the nearest British Court of competent jurisdiction for trial.
8. All fines levied in criminal cases, and all stamp receipts levied according to the rates in force for civil suits in the Maharaja's dominions, shall be credited to the Cashmere Treasury. Persons sentenced to imprisonment shall, if British subjects, be sent to the nearest British jail. If not British subjects, offenders shall be made over for imprisonment in the Maharaja's jails.
9. The practice of cow-killing is strictly prohibited throughout the jurisdiction of the Maharaja.
10. If any places come within the line of road from which the towns of Leh, &c., are supplied with fuel or wood for building purpose, the Joint Commissioners shall so arrange with the Wuzeer of Ladakh that those supplies are not interfered with.
11. Whatever transactions take place within the limits of the road shall be considered to refer to goods in bond. If a trader opens his load, and disposes of a portion, he shall not be subject to any duty so long as the goods are not taken for consumption into the Maharaja's territory across the line of road. And goods left for any length of time in the line of road subject to the jurisdiction of the Commissioners shall be free.
12. Where a village lies within the jurisdiction of the Joint Commissioners, then, as regards the collection of revenue, or in any case where there is necessity for the interference of the usual Revenue authorities on matters having no connection with the trade, the Joint Commissioners have no power whatever to interfere; but, to prevent misunderstanding, it is advisable that the Revenue officials should first communicate with the Joint Commissioners before proceeding to take action against any person within their jurisdiction. The Joint Commissioners can then exercise their discretion to deliver up the person sought, or to make a summary inquiry to ascertain whether their interference is necessary or not.
13. The Maharaja agrees to give rupees 5,000 this year for the construction of the road and bridges, and in future years His Highness agrees to give rupees 2,000 per annum for the maintenance of the road and bridges. Similarly for the repairs of serais a sum of rupees 100 per annum for each serai will be given. Should further expenditure be necessary, the Joint Commissioners will submit a special report to the Maharaja, and ask for a special grant. This money will be expended by the Joint Commissioners, who will employ free labour at market rates for this purpose. The officers in Ladakh and in British territory shall be instructed to use their best endeavours to supply labourers on the indent of the Commissioners at market rates. No tolls shall be levied on the bridges on this line of road.
14. As a temporary arrangement, and until the line of road has been demarcated, or till the end of this year, the Joint Commissioners shall exercise the powers described in these rules over the several roads taken by the traders through Ladakh from Lahoul and Spiti.
(Signed) Maharaja Runbeer Singh.〃T. D. Forsyth.
(These rules were agreed upon in 1872, between the Indian Government and Cashmere, for the purpose of promoting trade with Eastern Turkestan and Central Asia, which had been sanctioned by the Treaty of Commerce of 1870.)
A STORY FROM KASHGAR
Mirza Mulla Rahmat, of Kashgar, who arrived at Peshawur lately, on his way to Mecca, has told what he knows about events in Kashgar. The following is his story: – In the month of Jamadi-us-sani 1294 (June-July, 1877), that Mahomed Yakoob Khan, the Badshah of Kashgar, collected a large army to fight the Chinese. He died near the town of Balisan (? Bai), and his army then recognized Hakim Khan Torah as his successor. The mullahs in Kashgar in the meantime appointed Beg Kuli Beg, Yakoob's eldest son, as their Badshah, according to Yakoob's will. Hakim Khan and the army which joined him then came to Aksu, where Beg Kuli Beg also arrived, meaning to capture the place and the person of the usurper. A battle was fought between Kuli Beg and Hakim Khan on the 26th and 27th of Rajah (27th and 28th July, 1877), and Hakim Khan was defeated. Many of the soldiers belonging to Hakim Khan's force fell in the battle, and many others were starved, and some were drowned crossing a river. Hakim Khan then went into Russian territory with 1,000 chosen soldiers. Beg Kuli Beg now seized several towns and returned to Kashgar. In the meantime Naiz Hakim Beg, the Governor of Khoten, rebelled, and Kuli Beg met him in the field, and captured Khoten. The Beg was scarcely a week at that place when he heard that the Chinese had arrived at Aksu and had taken it. An officer (Kho Dalay?) of the Chinese army who had turned Mahomedan (but subsequently recanted) attacked Yangy Shahr, the capital, and, capturing it, shut himself up there. The town was then besieged by the Governor of Kashgar, and the siege continued for fifty days. Then Kuli Beg came up, and, forcing his entry into the town, took possession of it, and destroyed the fort. But on the 10th of Zillhij (16th of December) a strong Chinese force entered the country, and rapidly reconquered the possessions of the late Yakoob Khan. Beg Kuli Beg then fled with his men to Tashkent, which he reached by Mingyol Osh and Marghilan, and put himself under the protection of the Russian Governor there. Mulla Yunus Jan, the Governor of Yarkand, and his son and brother fell into the hands of Hasan Jan Bai, Ikskal (? Aksakal).
The above is taken from the columns of an Indian journal, and is inserted here for the purpose of showing that the converted Chinese, or Yangy Mussulmans, did revolt from their allegiance to Yakoob Beg the instant a Khitay force appeared in Altyshahr.
