The New York herald., 1870-02-07
THE chinese TREiYY.
Proclamation of the President Promul-
eating the Burlingame Treaty Be-
tween the United States
and China.

and China.
BY the President Of the United States OF
America.
PROCLAMATION.
whereas certain additional articles TO the treaty
now IN force between the United States OF America
and The Ia-Tsng empire signed at Tientsin the 18TH
DAY OF June, 1858, were concluded and signed by
their plenipotentares at Washington, the 18th day
OF July 1858, which additional articles are word for
woru as foll0ws:-
ADDITIONAL ARTICLES TO THE TREATY BETWEEN
THE UNITED STATES or AMERICA AND THE IA
TsISG EMPIRE OF THE 18TH on JUNE, 1858.
whereas since the conclusion OF the treaty be-
tween the United States or America and the rslng
empire lChna) OF the 18TH OF June 1858, circum-
stances nave arisen showing the necessity OF add
sionai artc.es thereto, the President o! the United
states and tue august sovereign VI the IaTslng en-
pre- have named Tor their plenpoteptlaries TO wit
the President OF the United States OF America William
H. Seward, Secretary Of State, and his Majesty the
Emperor OF emma, Anson Burlingame accredited
his Envoy Extraordinary and Minister Pienlpoten-
tary. and Chin-kang and sun Cha Ku OF the second
Chinese rank, associated high ENJOYS and ministers
o1 his SAID MAJ esty; and the said plenpctentlar,es,
after having exchanged their ul powers, lound 10
he IN due and proper form, have agreed upon the
following artlcles-
ARTICLE /. hls Majesty the Emperor OF China
beng OF opinion that IN making concessions TO the
citizens or subjects OF foreign Powers Of the privi
ese OF residing ON certain tracts OF land resOrtng
10 certain M NV waters M Of that empire for purposes o.
eminent domain or dominion over the said land and
waters, hereby agrees that no such concession or
grant snail he construed TO give TO any Power or
party which may be at war with or hostile to the
United States the right 10 attack the citizens OF the
united States or their property witnln the said lands
or waters. and the United States, for themselves,
hereby agree to abstain from Offenslvely attacking
Le 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 TINS article shall be construed TO pre-
vent the United states from resisting attack by
ANY hostile Power or party upon their citizens or
their property II Is further agreed that II any right
or interest III any tract land in CHINA been or
shall hereafter be granted by the government OF
emma 10 the United states their citZens for pur
poses OF trade commerce. that grant snail ia no
event be construed TO dvesI the Chinese authorities
Of their right OF jurisdiction over persons ana prop
erty within SAID tract OF land except 80 far as mat
right may have been expressly renquished by
treaty.
ART. 2. The United States or America and his Ma
jesty the Emperor Oi China believing ln3t the safety
aud prosperity Of commerce VIII tnerdby best De
promoted agree that any privilege or iiInunlty IN
respect TO trade or navigation within the Chinese
uoininlons when may not have been stipulated for
by treaty, Shall be subject TO the discretion OF the
Cninese government and may be regulated oy 1t ac-
cordlngiy but not IN manner or spirit Incompatible
with the treaty stipu!ations OF the parties.
Art. ). The Empoior OF China shall have the right
appoint consuls AT ports OF the united states who
shall enjoy The same privileges and immunltles ~
those winch are enJoyed by puoc law aud Treaty IN
the United States py the Consus OF Great Britain and
RUSSIA, or either OF them.
ART. The 18th article OF the treaty OF the 18th OF
June, 1858, having stipulated for the exemption OF
Christian CltZeuS OF Tie states ana ChInese
converts from persecution IN China on account OF
neir aith, II IS urtner agreed that citizens oi the
United states IN Ihna OF every reglous persuasion
and chinese subjects IN the United States shall
Joy entire liberty OF conscience and snall be exempt
nom all disability or persecution on account OF their
reiiglOus lalth or worship IN cner country. Gene
teres for sepulture oil the dead Of whatever nativity
or nationality sna ue he'd IN respect anu free rom
| disturbance or profaaatlon.
ART. 8. The Unleu states OF America and the Elm
peror OF CHINA cordially recognize the Inherent and
inalienabe right OF man to cnange his home ana ale
glance ana also the mutual advantage OF the iree MI
| grafton and emigration oi tnelr citizens and SUBJ
ects respectively from the one country 10 the other
or or as ' pernanent residents RE nigh coa
tracting parties, therefore, JOIN In repro
batting any other tnan an entirely voluntary
| emigration for these purposes. They consequently
agree 10 pass laws making " penal offence Tor u
citizen OF the United states Chinese subjects to
take Chinese subjects either 10 the United States
TO any other foreign country, or for Chinese sub
ject citizen Of the United states take citizens OF
the united states China Or TO any other foreign
1 country without their free anu voluntary consent
| respectively.
ART 8. Citizens OF the United States visiting OF
| residing In Chlna SHAH enjoy the same privileges
immunities or exemptions IN respect 10 travel OF
residence as may there De enjoyed by the citizens
! subjects OF the most favored nation And, recpro
| cally, Chinese subjects vlsing OF residing IN the
| United States shat enjoy The same privneges I'M
| munltles and exemptions in respect 10 travel or
residence as may there be enjoyed by the citizens
| subjects OF the mUst favored nation. But nothing
| herein contained shan be held TO confer naturallza-
upon eitlZenS OF The United states emma nor
upon the SUBJECTS or CHINA III the United States.
ART. Z. tltlzens Of the United States shall enjoy
all privileges OF the pubic educational instiLl-
tons unucr The cOntro OF the government or Chn3
and reciprocay Chinese subjects sha ENJOY all the
privileges OF the public educational institutions
under the control OF the government OF the United
states which enjoyed In TIE respective countries
| 10y the cltizens or subjects OF the most favored
| nation. The citizens OF the United States may
| freely establlsh and MAINTAIN schools within the
| empire Of CHINA AT those places wnere foreigners
by treaty permitted 10 reside, and, recprocany
| Ihnesc subjects may enjoy the same privileges and
mmunitles III the United states.
| ART. .. The United states, always dscalining and
| dscouraging ali practices OF unnecessary dIGfauon
and Intervention by one nation IN tue AFFAIRS do
mestc administration or another, DO hereby Tree ey
dlsclaim and dlsavow any intention or rignt 20 M
! teryene III the domestic administration OF China IN
| regard 70 The construction Oi railroads. teegrapha
| or other material internal improvements. On the
| other iand, ms Majesty, the Emperor OF China,
reserves to himself tne right TO decldc the time and
| manner and circumstances OF introducing such Ini-
proyemenls WITHIN MS doilntons. With this mutual
UNDERSTANDING IL s agreed by the contracting par
ties that II al any time hereafter his imperial Ma.
jesty shan determine 70 construct or cause To be
| constructed WORKS OF the character mentioned
| within the empire, and saail make application 10
| The United states or any otner Western
the United States viii, in tnat case designate and
| authorize suitable engineers TO lie employed by
| the Chinese government and will recommend TO
other natons an equal compliance with such appica-
ton, The Chinese government In that protecting
! such engineers III their persons anu property aud
| paying them reasonable compensation Tor taeir
| service.
| in faith whereof the respective Peniposentaries
have signed this treaty and thereto aNiXed the seal,
| oI their arms.
| Done at Washington, the twenty-eghth day oi
! July In the year OF our Lord one thousand eight
hundred ana siXty eight.
WILLIAM IL. SEWARD,
ANSoN BukLiNGAae.
CHiH-EANO.
sun CkiA-kU.
| And whereas the SAID additional articles nave
been duly ratified on both parts aud the respective
| ratiicatons OF the same have been exchanged,
Now, therefore, be 1t known that 1. Ulysses s.
Grant, President OF the United States OF America
have caused the said additional articles to be made
| public, to the end that the same, ana every CLAUSE
| and article thereof, may be observed aud fulfilled
with good faith by the United states and the citizens
| thereof
| In witness whereof have hereunlo get my hand
and caused the seal OF the United states 10 be af.
| fixed
Done at the city OF Washington this nth day OF
| February, IN the year OF Lord one thousand
! eight hundred and seventy, and OF the independ
II