1868." TREATY OF TRADE, CONSULS, AND EMIGRATION. Concluded July 28, 1868;ratification advised by the Senate with amendments July 24, 1868; amendments incorporated in the treaty July 28, 1868; ratified by the President, October 19, 1868; ratifications exchanged November 23, 1869; proclaimed February 5, 1870. I. Jurisdiction over land in China. IV. Religious freedom. ARTICLES. V. Voluntary emigration. VI. Privileges of travel and residence. VII. Education. VIII. Internal improvements in China. Whereas since the conclusion of the treaty between the United States of America and the Ta Tsing Empire (China) of the eighteenth of June, 1858, circumstances have arisen showing the necessity of additional articles thereto, the President of the United States and the August Sovereign of the Ta Tsing Empire, have named for their Plenipotentiaries to wit: The President of the United States of America, William H. Seward, Secretary of State, and His Majesty the Emperior of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipotentiary, and Chih-Kang and Sun Chia-Ku, of the second Chinese rank, associated High Envoys and Ministers of his said Majesty; and the said Plenipotentiaries, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles: ARTICLE I. His Majesty the Emperor of China, being of the opinion that, in making concessions to the citizens or subjects of foreign powers of the privilege of residing on certain tracts of land, or resorting to certain waters of that empire for purposes of trade, he has by no means relinquished his right of eminent domain or dominion over the said land and waters, hereby agrees that no such concessions or grant shall be construed to give to any power or party which may be at war with or hostile to the United States the right to attack the citizens of the United States or their property within the said lands or waters. And the United States, for themselves, hereby agree to abstain from offensively attacking the citizens or subjects of any power or party or their property with which they may be at war on any such tract of land or waters of the said empire. But nothing in this article shall be construed to prevent the United States from resisting an attack by any hostile power or party upon their citizens or their See Treaty of June 18, 1858, and Treaty of October 8, 1903. Also, see note as to all treaties with China, page 196. Federal cases: Chae Chan Ping v. U. S. (130 U. S., 581), Ex parte Lau Ow Bew (141 U. S., 583), Lau Ow Bew v. U. S. (144 U. S., 47), Fong Yue Ting v. U. S. (149 U. S., 698), In re Ah Fong (5 Sawy., 144), Chapman v. Toy Long (4 Sawy., 28), Baker v. Portland (5 Sawy., 566), In re Wong Yung Quy (6 Sawy., 237, 442), In re Ah Chong (6 Sawy., 451), In re Parrott (1 Fed. Rep., 481), U. S. v. Douglas (17 Fed. Rep., 634). property. It is further agreed that if any right or interest in any tract of land in China has been or shall hereafter be granted by the Government of China to the United States or their citizens for purposes of trade or commerce, that grant shall in no event be construed to divest the Chinese authorities of their right of jurisdiction over persons and property within said tract of land, except so far as that right may have been expressly relinquished by treaty. ARTICLE II. The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce will thereby best be promoted, agree that any privilege or immunity in respect to trade or navigation within the Chinese dominions which may not have been stipulated for by treaty, shall be subject to the discretion of the Chinese Government and may be regulated by it accordingly, but not in a manner or spirit incompatible with the treaty stipulations of the parties. ARTICLE III. The Emperor of China shall have the right to appoint Consuls at ports of the United States, who shall enjoy the same privileges and immunities as those which are enjoyed by public law and treaty in the United States by the Consuls of Great Britain and Russia, or either of them. ARTICLE IV. The twenty-ninth article of the treaty of the eighteenth of June, 1858, having stipulated for the exemption of Christian citizens of the United States and Chinese converts from persecutions in China on account of their faith, it is further agreed that citizens of the United States in China of every religious persuasion, and Chinese subjects in the United States shall enjoy entire liberty of conscience, and shall be exempt from all disability or persecution on account of their religious faith or worship in either country. Cemeteries for sepulture of the dead, of whatever nativity or nationality, shall be held in respect and free from disturbance or profanation. ARTICLE 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 agreed to pass laws making it a penal offence 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. ARTICLE 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. ARTICLE VII. Citizens of the United States shall enjoy all the privileges of the public educational institutions under the control of the Government of China; and, reciprocally, Chinese subjects shall enjoy all the privileges of the public educational institutions under the control of the Government of the United States, which are enjoyed in the respective countries by the citizens or subjects of the most favored nation. The citizens of the United States may freely establish and maintain schools within the Empire of China at those places where foreigners are by treaty permitted to reside; and reciprocally, Chinese subjects may enjoy the same privileges and immunities in the United States. ARTICLE VIII. The United States, always disclaiming and discouraging all practices of unnecessary dictation and intervention by one nation in the affairs or domestic administration of another, do hereby freely disclaim and disavow any intention or right to intervene in the domestic administration of China in regard to the construction of railroads, telegraphs or other material internal improvements. On the other hand, His Majesty the Emperor of China reserves to himself the right to decide the time and manner and circumstances of introducing such improvements within his dominions. With this mutual understanding, it is agreed by the contracting parties that if at any time hereafter His Imperial Majesty shall determine to construct or cause to be constructed works of the character mentioned, within the empire, and shall make application to the United States or any other western power for facilities to carry out that policy, the United States will, in that case, designate and authorize suitable engineers to be employed by the Chinese Government, and will recommend to other nations an equal compliance with such application, the Chinese Government in that case protecting such engineers in their persons and property and paying them a reasonable compensation for their service. In faith whereof the respective Plenipotentiaries have signed this treaty and thereto affixed the seals of their arms. Done at Washington the twenty-eighth day of July, in the year of our Lord, one thousand eight hundred and sixty-eight. [SEAL.] [SEAL.] WILLIAM H. SEWARD. SUN CHIA-KU. 1880. IMMIGRATION TREATY." Concluded November 17, 1880; ratification advised by the Senate May 5, 1881; ratified by the President May 9, 1881; ratifications exchanged July 19, 1881; proclaimed October 5, 1881. ARTICLES. I. Suspension of Chinese immigra- III. Protection of Chinese in the tion. United States. II. Rights of Chinese in the United IV. Notification of legislation; ratifiStates. cation. Whereas, in the eighth year of Hsien Feng, anno Domini 1858, a treaty of peace and friendship was concluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed-and Whereas the Government of the United States, because of the constantly increasing immigration of Chinese laborers to the territory of the United States, and the embarrassments consequent upon such immigration, now desires to negotiate a modification of the existing Treaties which shall not be in direct contravention of their spirit:Now, therefore, the President of the United States of America has appointed James B. Angell, of Michigan, John F. Swift, of California, and William Henry Trescot, of South Carolina as his Commissioners Plenipotentiary; and His Imperial Majesty, the Emperor of China, has appointed Pao Chün, a member of His Imperial Majesty's Privy Council, and Superintendent of the Board of Civil Office; and Li Hungtsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following articles in modification. "See note as to all treaties with China, page 196; also treaty of 1894. Federal cases: Chew Heong v. U. S. (112 U. S., 536), Yick Wo v. Hopkins (118 U. S., 356), Baldwin v. Franks (120 U. S., 678), U. S. v. Jung Ah Lung (124 U. S., 621), Chae Chan Ping v. U. S. (130 U. S., 581), Wan Shing v. U. S. (140 U. S., 424), Ex parte Lau Ow Bew (141 U. S., 583), Lau Ow Bew v. U. S. (144 U. S., 47), Fong Yue Ting v. U. S. (149 U. S., 648), In re Ah Kee (22 Blatch., 520), In re Ah Lung (9 Sawy., 306), In re Leong Yick Dew (10 Sawy., 38), In re Ah Quan (10 Sawy., 222), In re Shong Toon (10 Sawy., 268), In re Ah Moy (10 Sawy., 345), In re Chew Heong (10 Sawy., 361), In re Quong Woo (13 Fed. Rep., 229), Case of Chinese Merchant (13 Fed. Rep., 605), In re Moncan (14 Fed. Rep., 44), In re Ho King (14 Fed. Rep., 724), U. S. v. Douglass (17 Fed. Rep., 634), In re Chin Ah On (18 Fed. Rep., 506), In re Pong Ah Chee (18 Fed. Rep., 527), In re Tung Yeong (19 Fed. Rep., 184), Case of Chinese Wife (21 Fed. Rep., 785), Case of Chinese Laborer (21 Fed. Rep., 791), In re Ah Ping (23 Fed. Rep., 329), In re Chae Chan Ping (36 Fed. Rep., 431), In re Chung Toy Ho (42 Fed. Rep., 398), U. S. v. Ah Fawn (57 Fed. Rep., 591), U. S. v. Yonk Yew (83 Fed. Rep., 832). ARTICLE I. Whenever in the opinion of the Government of the United States, the coming of Chinese laborers to the United States, or their residence therein, affects or threatens to affect the interests of that country, or to endanger the good order of the said country or of any locality within the territory thereof, the Government of China agrees that the Government of the United States may regulate, limit, or suspend such coming or residence, but may not absolutely prohibit it. The limitation or suspension shall be reasonable and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation, limitation or suspension of immigration, and immigrants shall not be subject to personal maltreatment or abuse. ARTICLE II. Chinese subjects, whether proceeding to the United States as teachers, students, merchants or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities and exemptions which are accorded to the citizens and subjects of the most favored nation. ARTICLE III. If Chinese laborers, or Chinese of any other class, now either permanently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other persons, the Government of the United States will exert all its power to devise measures for their protection and to secure to them the same rights, privileges, immunities and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty. ARTICLE IV. The high contracting Powers having agreed upon the foregoing articles, whenever the Government of the United States shall adopt legislative measures in accordance therewith, such measures will be communicated to the Government of China. If the measures as enacted are found to work hardship upon the subjects of China, the Chinese Minister at Washington may bring the matter to the notice of the Secretary of State of the United States, who will consider the subject with him; and the Chinese Foreign Office may also bring the matter to the notice of the United States Minister at Peking and consider the subject with him, to the end that mutual and unqualified benefit may result. In faith whereof the respective Plenipotentiaries have signed and sealed the foregoing at Peking in English and Chinese being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from date of its execution. |