The Treaty With China, its Provisions Explained: New York Tribune, Tuesday, August 28, 1868Twain, Mark
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The Treaty With China, its Provisions Explained: New York Tribune, Tuesday, August 28, 1868
Twain, Mark
China -- Foreign relations -- United States; United States -- Foreign relations -- China
ART. 6. 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 be enjoyed by the citizens or subjects
of the most favored nation; but nothing herein contained
shall be held to confer naturalization upon the citizens of
the United States in China, nor upon the subjects of China
in the United States.
There will be weeping, and wailing, and gnashing of teeth on the Pacific
coast when Article 6 is read. For, at one sweep, all the crippling,
intolerant, and unconstitutional laws framed by California against
Chinamen pass away, and discover (in stage parlance) 20,000
prospective Hong Kong and Suchow voters and office-holders! Tableau. I
am not fond of Chinamen, but I am still less fond of seeing them wronged
and abused. If the reader has not lived in San Francisco, he can have
only a very faint conception of the tremendous significance of this
mild-looking, unpretentious Article 6. It lifts a degraded, snubbed,
vilified, and hated race of men out of the mud and invests them with the
purple of American sovereignty. It makes men out of beasts of burden.
The first iniquity it strikes at is that same revolutionary one of
taxation without representation. In California the law imposes a
burdensome mining tax upon Chinamen--a tax which is peculiar in its
nature and is not imposed upon any other miners, either native or
foreign--and the legislature that created this rascality knew the law
was in flagrant violation of the constitution when they passed it.
Mr. Cushing, a great lawyer, and formerly minister to China, says
that nearly all the Pacific coast laws relating to Chinamen are
unconstitutional and could not stand in a court at all. The Chinese
mining tax has been collected with merciless faithfulness for many
years--often two or three times, instead of once--but its collection
will have to be discontinued now. Treaties of the United States override
the handiwork of even the most gifted of State legislatures. In San
Francisco if a Chinaman enters a street car to ride with the Negroes
and the Indians and the other gentlemen and ladies, the magnificent
conductor instantly ejects him, with all the insolence that $75 a month
and official importance of microscopic dimensions confer upon small
people. The Chinaman may ride on the front platform, but not elsewhere.
Hereafter, under the ample shadow of Article 6, he may ride where he
pleases. Chinamen, the best gardeners in America, own no gardens. The
laws of California do not allow them to acquire property in real estate.
Article 6 does, though. Formerly, in the police court, they swore
Public-domain text, read in full here on John Shaqi.
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