New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-08-04
PRICE -FOUR CENTS.
THE TREATY WITH CHINA.
ITS PROVISIONS EXPLAINED.

concluded between the United States aud China
Every one has read it, but in there are expressions
which not every one understands. There are clauses
which seem vague, other clauses which seem almost
unnecessary, and still others which bear the flavor Of
surplusage," to speak in legal phrase. The most,
careful reading of the document will leave these inn
pressionsthqt is, unless one comprehends the past
and present condition of foreign intercourse with
China--in which case it will be seen at once that
there is no word in the treaty without meaning
and no clause in it but was dictated by present
need or wise policy looking TO the future. III VIII
interest many of your readers TO know why this that
and the other provision was Incorporated in the
treaty; it will interest others to know in what man.
ner and to what extent the treaty will affect ex
listing relations with China. Apart from it's grave
Importance the subject is really as entertaining as
any know of, and-asking pardon for the presump-
toni desire to write few paragraphs upon it.
We made a treaty with China in 1858; Mr. Burlin-
games new treaty is an addition to that one, and
ampfcation Of its powers. The first article OF this
new treaty reads as follows: .a.t l.3
ARTICLE l. His Majesty the Emperor Of China, being
of opinion that in making 70 tSe
subjects of foreign Powers OF the privilege OF res
that Empire for the purposes OF trade by
renq uished his right Of eminent domain or dominion
concession grant shall be construed TO give 10 any
or party which may be at %SE S9 c tr m the
United States or their property within the sad or
waters and the United sate Tor Ss ctineSs
subjects OF any Power or party or ther properly WIN
Walters t Of he said pe Empire but nothing in this article
shall be construed prevent the United states from re-
s an s ~ ~ S Il is further agreed that
any right interest In any tract OF land IN china mas
cha to the United States o. their citizens purposes
Of trade Or that grant snail NJ
jurisdiction over persons and pToRey T a1s bss a
| expressly relinquished by treatx. E
In or near one or two of the cities of China the En-
peror has apart certain tracts of land for opar
| ton by foreigners. The foreigners residing upon
these tracts create courts Of justice organize police
forces and govern themselves by laws of their
own framing They levy and collect taxes, they
pave their streets they light them with gas. These
communities through the liberaity of China, are so
independent and unshackled that they have all the
| seeming of coonies-nsomuch that the jurisdiction
of China over them was in time lost sight of and dis
regarded-at least. questioned. The English com
munities came to be looked upon as part Of En-
gland. and the American colonies as part of
America; and So after the Trent affair, it was
seriously held by many that the Confederate ships
of war would be as justifable in making attacks
upon the American communities IN China as they
would be in attacking New-York or Boston. This
doctrine was really held, notwithstanding the SUI
premacy of China these tracts Of land was
recognized at regular intervals in the most snbstan
tial way viz, by the payment to the Government OF
stipulated rental. Again, these foreign COM
nunities took it upon themselves to levy
taxes upon Cinnamon residing upon their so-called
concessions" and enforce their collection Perhaps
those Cinnamon were just as well governed as they
would have been anywh here in China. and perhaps it
was entirely Just that they should pay for good gov
ernment,-but the principle wrong 1t was an en-
croachment upon the rights of thecrown, and caused
| the Government uneasiness the boundary thus
passed there was no telling how far the encroach-
ment might be pushed. The municipal council which
| taxed these Cinnamon was composed altogether OK
foreigners so there taxation without representa-
tion-a policy which we fought seven long years to
overthrow. The French have persistently claimed
the right to exercise untrammeed jurisdiction over
both natives and foreigners residing within their
| CONCESSIONS but the present Minister, Monsieur
Moustier has yielded this position in favor of the
auti-cOncesson doctrine and thus have ignored the
eminent dominion of the Chinese Government.
Under Article of the new treaty, the question OF
whether an enemy of America can attack an Amer-
can colony in China is answered in the Regatice
Under it the right of the Chinese Gov
ernment to regulate the governing, taxing,
and trying of its subjects resident within
American concessions" is recognized-in q
recognized Also lin the final sentencel its control
over scattering foreigners (of nationalties not in
treaty relations with China not enrolled among the
regular concessions granted" During war between
Prussia and Denmark a Prussian man of-war cap
tured two Danish vessels lying at harbor in Chinese
harbor or roadstead, and carried them or Article
of this treaty pledges that like ofenses shall not be
committed in Chinese waters by American cruisers,
and looks to Chinese protection Of American ships
against such outrages. l
ARr 4 The United states of America and His Majesty
the Emperor Of China, believing that the safety and
prosperity of will thereby best be promoted
agree that privilege or immunity IN respect 10 'raa9
not have been stipulated for by treaty shall De suec 70
the discretion OF the Chinese Government ana may 90
regulated IL accordingly, but not In manner or spirit
incompatible with the treaty stpuatons OF the parties
At first glance this clause would seem unnecessa-
ry-unnecessary because the granting OF any priyi-
lepe not stipulated In a treaty with China must o.
course be matter entirely subject to the pleasure OF
the Chinese Government Yet the clause has its sig
niicance. There is in China class of foreigners
who demand privileges, concessions, and immunities
instead of asking for them-a class who look upon
the Chinese as degraded barbarans and not entitled
to charty-as helpless and therefore to be trodden
under fooa tyranncal class who say openly that the
Chinese should be forced TO do thus and that for
eicners know what is best for them better than they
do themselves and therefore it would be but
Christian kindness to take them by the throat and
compel them TO see their real interests as the en-
lghtened foreigners see them. These people harass
and distress the Government BY constantly debating
TO it and meddng with its affairs They
beget and keep alive distrust OF
foreigners among the Chinese people. 1t viii sur
nrisa many among us to know that the Chinese