A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
History
A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
Hayes, Rutherford Birchard, 1822-1893; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
ART. V. The United States of America and the Emperor of China
cordially recognize the inherent and inalienable right of man to
change his home and allegiance, and also the mutual advantage of
the free migration and emigration of their citizens and subjects
respectively from the one country to the other for purposes of
curiosity, of trade, or as permanent residents. The high contracting
parties therefore join in reprobating any other than an entirely
voluntary emigration for these purposes. They consequently agree to
pass laws making it a penal offense for a citizen of the United States
or Chinese subjects to take Chinese subjects either to the United
States or to any other foreign country, or for a Chinese subject or
citizen of the United States to take citizens of the United States
to China or to any other foreign country, without their free and
voluntary consent, respectively.
ART. VI. Citizens of the United States visiting or residing in China
shall enjoy the same privileges, immunities, or exemptions in respect
to travel or residence as may there be enjoyed by the citizens or
subjects of the most favored nation, and, reciprocally, Chinese
subjects visiting or residing in the United States shall enjoy the
same privileges, immunities, and exemptions in respect to travel or
residence as may there be enjoyed by the citizens or subjects of the
most favored nation. But nothing herein contained shall be held to
confer naturalization upon citizens of the United States in China,
nor upon the subjects of China in the United States.
An examination of these two articles in the light of the experience
then influential in suggesting their "necessity" will show that the
fifth article was framed in hostility to what seemed the principal
mischief to be guarded against, to wit, the introduction of Chinese
laborers by methods which should have the character of a forced and
servile importation, and not of a voluntary emigration of freemen
seeking our shores upon motives and in a manner consonant with the
system of our institutions and approved by the experience of the
nation. Unquestionably the adhesion of the Government of China to
these liberal principles of freedom in emigration, with which we were
so familiar and with which we were so well satisfied, was a great
advance toward opening that Empire to our civilization and religion,
and gave promise in the future of greater and greater practical
results in the diffusion throughout that great population of our arts
and industries, our manufactures, our material improvements, and the
sentiments of government and religion which seem to us so important to
the welfare of mankind. The first clause of this article secures this
acceptance by China of the American doctrines of free migration to and
fro among the peoples and races of the earth.
Public-domain text, read in full here on John Shaqi.
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