ARTICLE III.

The British Government hereby stipulates that it will adhere to the abolition of Frontier Customs Duty, as expressed in Article VIII. of the treaty of 1862, during such time as the Burmese Government shall collect five per cent. ad valorem duties, or a lesser rate as provided for in Articles I. and II. of this Treaty.

ARTICLE IV.

Both Governments further stipulate to furnish each other annually with price lists, showing the market value of all goods, imported and exported under Articles I. and II. Such price lists shall be furnished two months before the commencement of the year during which they are to have effect, and may be corrected from time to time as found necessary, by the mutual consent of both Governments through their respective Political Agents.

ARTICLE V.

The British Government is hereby privileged to establish a Resident or Political Agent in Burmese territory, with full and final jurisdiction in all Civil suits arising between Registered British subjects at the capital. Civil cases between Burmese subjects and Registered British subjects shall be heard and finally decided by a mixed Court composed of the British Political Agent and a suitable Burmese Officer of high rank. The Burmese Government reserves to itself the right of establishing a Resident or Political Agent in British territory whenever it may choose to do so.

ARTICLE VI.

The British Government is further allowed the right of appointing British officials to reside at any or each of the stations in Burmese territory at which Customs Duty may be leviable. Such officials shall watch and inquire into all cases affecting trade, in its relation to Customs Duty; and may purchase land and build suitable dwelling-houses at any town or station where they may be appointed to reside.

ARTICLE VII.

In like manner the Burmese Government is also allowed the right of appointing Burmese officials to reside at any or each of the stations in British Burma at which Customs Duty may be leviable. Such officials shall watch and inquire into all cases affecting trade, in its relation to Customs Duty; and may purchase land and build suitable dwelling-houses at any town or station where they may be appointed to reside.

ARTICLE VIII.

In accordance with the great friendship which exists between the two Governments, the subjects of either shall be allowed free trade in the import

and export of gold and silver bullion between the two countries, without let or hindrance of any kind, on due declaration being made at the time of import or export. The Burmese Government shall further be allowed permission to purchase arms, ammunition, and war materials generally in British territory, subject only to the consent and approval in each case of the Chief Commissioner of British Burma and Agent to the Governor-General.

ARTICLE IX.

Persons found in British territory, being Burmese subjects, charged with having committed any of the following offences, viz., murder, robbery, dacoity, or theft, in Burmese territory, may be apprehended and delivered up to the Burmese Government for trial, on due demand being made by the Government, provided that the charge on which the demand is made shall have been investigated by the proper Burmese Officers in the presence of the British Political Agent: and provided also the British Political Agent shall consider that suffi. cient cause exists under British Law procedure to justify the said demand, and place the accused persons on their trial. The demand and delivery in each case shall be made through the British Political Agent at the Capital.

ARTICLE X.

Persons found in Burmese territory, being British subjects, charged with having committed any of the following offences, viz., murder, robbery, dacoity, or theft, in British territory, may be apprehended and delivered up to the British Government for trial, on due demand being made by that Government, provided that the charge on which the demand is made shall have been investigated by the proper British Officers, in the presence of the Burmese Political Agent; and provided also that the Burmese Political Agent shall be satisfied that sufficient cause exists under Burmese Law Procedure to justify the said demand and put the accused persons on their trial. The demand and delivery in each case shall be made through the Burmese Political Agent in British territory.

ARTICLE XI.

Persons found in Burmese territory, being Burmese subjects, charged with having committed any of the following offences, viz., murder, robbery, dacoity, or theft, in British territory, shall, on apprehension, be tried and punished in accordance with Burmese Law and custom. A special Officer may be appointed by the British Government to watch the proceedings on the trial of all persons apprehended under this Article.

ARTICLE XII.

Persons found in British territory, being British subjects, charged with having committed any of the following offences, viz., murder, robbery, dacoity,

or theft, in Burmese territory, shall, on apprehension, be tried and punished in accordance with British Law and custom. A special Officer may be appointed by the Burmese Government to watch the proceedings on the trial of all persons apprehended under this Article.

ARTICLE XIII.

The Treaty which was concluded on the 10th November, 1862, shall remain in full force the stipulations now made and agreed to in the above Articles being deemed as subsidiary only, and as in no way affecting the several provisions of that Treaty.

Seal.

(Sd.)

ALBERT FYTCHE, COLONEL,

Chief Commissioner, British Burma ; and

Aent to the Viceroy and Governor-General of India.

Seal.

Signed in Burmese.

Ratified by the Viceroy and Governor-General of India in Council this day, the 26th November, 1867.

FORT WILLIAM,

The 26th November, 1867.

(Sd.)

JOHN LAWRENCE,

Viceroy and Governor-General.

APPENDIX D.

MEMORANDUM

ON THE

COMPARATIVE PROGRESS OF THE PROVINCES, NOW FORMING BRITISH BURMA UNDER BRITISH AND NATIVE RULE.

Dated Rangoon, 23rd August, 1867.

Ir may be premised, that the following paper has been drawn up on the understanding, that, data should be furnished showing, as clearly as possible, the material progress of British Burma under British Administration, as compared with its condition under Native Rule, or with the condition of existing neighbouring States and Powers and that, no discussion or argument is desired as to the popularity of our rule, or the advantages which it may possess, except, so far as these are to be assumed, from the Statements indicative of the comparative progress of the people under our Government.

:

2. British Burma affords means of drawing a fair comparison between British and Native Administration-because it has in immediate contact with it, as a Government, the very power from whose dominions the Province was obtained. In 1826, the Provinces of Arakan and Tenasserim were annexed to the British Territories from the Burmese power, still leaving to the King of Ava the whole of the Northern portion of his dominions, as well as the important Province of Pegu, formed of the lower portion of the valley of the Irawadi River, and its delta. We thus obtained possession of the least productive portion of the Burmese Kingdom, while the King retained the magnificent lands of Pegu, with

the valuable outlet of Rangoon, to which point foreign trade had solely been drawn.

3. A reference to the map will show, that the Province of Pegu was fairly interposed between the newly-acquired districts, in a position easily to withdraw from them both population and trade, provided Native rule had proved more attractive to either. These conditions then, seem to furnish a fair test-only that the presumption was in favour of the Native Dynasty in virtue of it holding a far richer, and more accessible country.

4. As it is required that the endeavour to compare the result of British and of Native Rule, in these countries, is to be made on specific data, it is necessary to select some one element of advancement as a standard, from which can be deduced the many numerous conditions, which go to make up material progress. If this be not done, the comparison must spread out into an examination too minute and extended to be satisfactorily disposed of within a reasonable compass-and the difficulty is increased from the impossibility of obtaining in detail, the items which constituted the Revenue, taxes, and trade of British Burma, previous to our occupation, in such a shape as would enable individual comparison with the fiscal arrangements now in force.

5. In the East, there is probably no better general test of the advancement of a country, than the rise or fall, the ebb or flow, of its population. A steady increase in the population indicates in fact a prosperous people, a firm and staple Government, and an absence of oppression. It produces, especially where the proportion is not in excess of the capabilities of the soil, extended cultivation, and increased trade. If then, it can be fairly shown, that, the population of the Provinces composing British Burma, has increased at a rate which far exceeds the numbers to be obtained from natural increase, and must be attributed to immigration; that, in one instance where the locality, whence the immigration was drawn, became British, the exodus ceased; while the flow from Native states into British districts more accessible, continued ; and that, where detailed statistics are available, it will be seen our frontier Districts have increased at the highest ratio, then we may