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
The second clause, however, in its reprobation of "any other than an
entirely voluntary emigration" by both the high contracting parties,
and in the reciprocal obligations whereby we secured the solemn and
unqualified engagement on the part of the Government of China "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 without their free and voluntary
consent," constitutes the great force and value of this article. Its
importance both in principle and in its practical service toward our
protection against servile importation in the guise of immigration can
not be overestimated. It commits the Chinese Government to active and
efficient measures to suppress this iniquitous system, where those
measures are most necessary and can be most effectual. It gives to
this Government the footing of a treaty right to such measures and
the means and opportunity of insisting upon their adoption and
of complaint and resentment at their neglect. The fifth article,
therefore, if it fall short of what the pressure of the later
experience of our Pacific States may urge upon the attention of this
Government as essential to the public welfare, seems to be in the
right direction and to contain important advantages which once
relinquished can not be easily recovered.
The second topic which interested the two Governments under the actual
condition of things which prompted the Burlingame treaty was adequate
protection, under the solemn and definite guaranties of a treaty,
of the Chinese already in this country and those who should seek
our shores. This was the object, and forms the subject of the sixth
article, by whose reciprocal engagement the citizens and subjects of
the two Governments, respectively, visiting or residing in the
country of the other are secured the same privileges, immunities,
or exemptions there enjoyed by the citizens or subjects of the most
favored nations. The treaty of 1858, to which these articles are made
supplemental, provides for a great amount of privilege and protection,
both of person and property, to American citizens in China, but it is
upon this sixth article that the main body of the treaty rights
and securities of the Chinese already in this country depends. Its
abrogation, were the rest of the treaty left in force, would leave
them to such treatment as we should voluntarily accord them by our
laws and customs. Any treaty obligation would be wanting to restrain
our liberty of action toward them, or to measure or sustain the right
of the Chinese Government to complaint or redress in their behalf.
Public-domain text, read in full here on John Shaqi.
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