Daily Los Angeles herald., 1879-03-02

spect to travel or residence as may
there be enjoyed by the citizens or
subjects of the most favored na-
tions and reciprocaliy Chinese sub.
jects visiting or residing in the
United States shall enjoy the same
privileges, immunities and eXemp-
tions in respect to travel or resi-.
dence as may there be enjoyed by
the citizens or subjects Of the most
favored nations. But nothing
herein contained shall be held to
confer naturalization upon Citi-
zens of the United States in China,
nor upon the subjects of China in
the United States.
An examination of these two ar
ticles in the light of the experience
then influential in suggesting their
necessity will show that the fifth
article was framed in hostility to
what seemed the principal mis-
chief to be guarded against, to
wit: The Introduction of Chinese
laborers by methods which should
have the character of forced and
servilo importation and not of o
voluntary emigration of freemen
seeking our shores upon motives
and in manner consonant with
the system of our institutions and
approved by The experience of the
nation. Unquestionably the ad-
heslon of the government of China
to these liberal principles of free
dom in emigration, with which we
were so familiar and with which
we were 50 well satisfied, was q
great advance towards opening
that Empire to our civilization and
religion and gave promise in the
future of greater and greater prac.
tical results In the diffusion
throughout that great population
of our arts and industries, our man.
ufactures, our material improve
ments and the sentiments of our
government and religion, which
seem so important to the welfare
of mankind. Tho first clause of
this article secures the acceptance
by China of the American doctrine
of free emigration to and fro
among the people and races of the
earth. The second clause, how
ever, in its reprobation of "any
other than an entirely voluntary
emigration," by both the high con-
tracing parties, and the reciprocal
obligations whereby we secured the
solemn and unqualified engagement
on the part of the government Of
China to pass laws making 1t q
| penal offence for citizen of the
United States or Chinese subjects
to take Chinese subjects either to
the United States or to any foreign
country without their free and vol
untary consent, constitutes the
great force and value Of this article.
Its importance both in principle
and in its practical service towards
our protection against servile inn
portation in the guise Of immigra-
ton cannot be over estimated. 1t
commits the Chinese government
to active and efficient measures to
suppress this iniquitous system,
where these measures are most
necessary and can be most effective.
1t gives to this government the
footing CT treaty right to such
| ohd tIC llCttuJ auu OBpOl-
tunity of insisting upon their
adoption and of complaint and re
sentiment at their neglect. The
fifth article, therefore, if it falls
short of what the pressure of the
later experience of our Pacific
States may urge upon the atten-
tion of this government as assem-
tial to the public welfare, seems to
be in the right direction and to
contain Important advantages
which, once relinquished, cannot
be easily recovered.
The second topic which interest
ed the two Governments under the
actual condition of things which
prompted the Burlingame treaty,
was adequate protection under the
solemn and definite guarantees of a
treaty of the Chinese already in
this country and those who should
seek our shores. This was the OBJ
ject and forms the subject of the
sixth article by whose reciprocal
engagement the citizens and SUBJ
|jects of the two Governments, re-
spectively, visiting or residing in
the country of the other, are secur.
ed the same privileges, immunities
or exemptions there enjoyed by the
citizens or subjects of the most fa.
vored nations. The treaty of 1858,
to which these articles are made
supplemental, provide for u great
amount of privilege and protection,
both of person and property, to
American citizens in China, but it
is upon this sixth article that the
main body of the treaty rights and
securities of the Chinese already in
this country depends. It's abroga-
tiop, were the rest of the treaty
left In force, would leave them to
such treatment as we should vel
UNFAIRLY accord them by our laws
and customs. Any treaty obliga.
tion would be wanting to restrain
our liberty of action towards them
or to measure or sustain the right
of the Chinese governmnt to COM
plant or redress in their behalf.
negotiation of the Burllngame
treaty has exhibited to the notice
of the Chinese government, as we'll
as 10 our own people, the working
of this experiment of immigration
in great numbers of Chinese labor
ers to this country and their main
tenance here Of all the traits of
race, religion, manners and Gus.
toms, haoitation, mode Of life,
segregation and the keeping up of
the ties of their original home,
| which sta m N than NJ fro n uaro N >, i
sojourners, and not as incorporated
elements of our national life and
growth. This experience NAV
naturally suggest the reconsidera.
tion of the subject as dealt with by
the Burlingame treaty and may,
properly, become the occasion OF
more direct and circumspect recog-
milton in renewed negotiations, of
the difficulties surrounding this po-
litical and social problem. 1t NAV