The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-03-19

The Treaty with China.

Mr.. Burlingame. while in Prussia, received
official notice Of the ratification of the Chimes
treaty. 1t is now the law OF the land. anything
in the laws or Constitution of any State to the
contrary Notwithstanding. Being such, 1t is well
to know what it III and TO observe 1t.
The primary intention of the treaty, on our
mart. was to extend the privileges conceded to
Americans in China by the treaty OF 1903 and
this intention appears In every arncie OF Ihe
treaty. Article first stipulates that the privilege
of residing ON certain tracts of land or of resort
inc 70 certain waters of China shall not be con-
strned to take away the Emperor's right OF
eminent domain, and that foreign powers thus
privileged shall not attack each other IN time OF
war on such lands or waters, and snail De pro-
tected by the Emperor against such attack. The
r;oht of jurisdiction over persons and property
in such places still remains in the Chinese
authorities, except so far as relinquished by
treaty. And article second provides that any
privilege in regard to trade or navigation within
the Chinese dominions shall be according to
! treaty stipulatiOns, or otherwise at the discretion
of the Chinese Government, but not TO be regu-
lated in a manner or spirit incompatible with
the treaty.
Article third allows the Emperor to appoint
consuls at United States ports, with the same
privileges as those of the Consuls OF Great Britain
and Russia. Article fourth comedies, mutually,
freedom from persecution in either country on
account of religious belief or worship, and respect
for places of sepulture.
Article fifth recognizes the individual liberty of
expatriation. but reprobates any other than an
entirely voluntary emigration and both nations
{ agree to pass laws making it a penal offense
for any person to take a Chinaman from his
country or a United States citizen from this
country, to any other country, /" without their
free and voluntary consent respectively" Thus
it appears there is no danger of coolie immigra-
tion-no need of State legislation on the subject
for both the United States and China are bound
to prevent it.
The sixth article guarantees that our citizens
visiting or residing in China, and reciprocally
that So Chinese subjects visiting or residing in the
United States, - shall : enjoy the same privileges,
immunitieS and exemptions an respect to Ir0rei or
residence, as may there be enjoyed by the citizens
or subjects Of the most favored nation but moth
ing herein contained shall be held to confer natu-
ralization upon the citizens of the United States
in China, nor upon the subjects of China in the
United States" This last clause was tackled on
in the Senate but was needless, because the
privileges granted are only such as. arc conceded
to all foreigners " in respect to travel or resi-
dence," and not in respect to naturalization,
which is q matter over which Congress has
control under the express language of
the Constitution. The object Of the treaty is
simply to secure protection for our own citizens
in their persons and property in China, by guar
anteeing the same protection to Chinese subjects
here.
Article seven gives to citizens of either country
the same rights which other foreigners have to
enjoy the privileges of the public educational
institutions under the control of the Government
of the other country, and reciprocaliy to establish
and sustain schools of their own at places where
foreigners are by treaty permitted to reside.
This article, it will be seen, comedies only the
which others foreigners have in the
Vest Point and Naval Academies-those being
the only schools under the control of our Gov
The eighth and last article disclaims 50 unnec-
,ssary dictation or intervention by one nation in
affairs and domestic administration 0 fanother,
n regard to the construction of railroads, tele-
or other internal improvements and
to the Emperor the "right to decide the
ime, manner and circumstances of introducing
uch Improvements" And it is agreed that
whenever the Emperor shall determine to enter
lpon such works, our Government, upon his
application, will designate and authorize suitable
to be employed, protected and paid by
Such is the substance of the new treaty
Am. Paper.