The New York herald., 1879-03-02

the important guarantee that ''shouid at any
time the TaTsing Empire grant to any nation, the
merchants or citizens %. any nation. any right.
privilege or favor connected either with navi-
eaurse wiirn not conferred a'"es 'n 'his
treaty such right privilege and favor shal, at
freely inure the beneht OF the United States
its public officers, merchants and citizens. Against
TINS body of stpuiations in our favor. and this per-
manent engagement of equality in respect to all
future concessions 10 foreign nations. the general
promise OF permanent peace and good offices on our
part seems to be the only equivalent.
For this the first article undertakes as follows:-
There shall be- as there have always been. peace aud
friendship between the United States of America and
the Ia Ts:ng Empire. and between their people
spectively. They shall not insult or oppress each
other for any trhing cause so as to produce
an estrangement between them. and If any other ma
ton should act unjusty or oppressively the United
States will exert their good Offices on being informed
of the case. to bring about an amicable arrange.
ment of the question thus showing their friendly
feelings" At the date of the negotiation
OF this treaty Pacific possessions had attracted
considerable Chinese emigration. and the advan-
had become less manifest. but they dictated
no stipulaons the subject to be incorporated in
the treaty.
sTIPULATIoNs ARTICLES FIVE AND SIX
The year 1868 marked by the striking event of
spontaneous embassy from the Chinese Empire,
headed by an American citizen-Anson Bur-
matte representation of his own country in
China to assume that of the Chinese Empire to the
time the facts of the Chinese immigration and its
nature and influences, present and prospec-
tive, had become more noticeable and
more observed by the population Immediately
affected and by this government. The principal
feature of the Burlingame Treaty its attention
to and its treatment of the Chinese immigration, and
the Chinese forming. they should form.
part OF our population. Up to this
time our uncovenanted hospitality to emign-
ton, our fearless liberty OF citizenship,
our equal and comprehensive justice to all in
habitants. whether they abjured their foreign
religious federation had made all
welcome, and under these projections the
Chinese in considerable numbers had made
their lodgment upon our soil. Thee Buringame
Treaty undertakes to deal with this situation, and its
fifth and sixth articles embrace its most important
provisions In this regard and the main stipulations
in which the Chinese government has secured an
obligatory protection of its subjects within terri
tory. They read as follows
ARTICLE 5-The United States of America and the En-
peror Of China cordially recognize the Inherent and in
fnsSe right s Of man an to ssngs his home az and G
free migration and emigration of their eli.
the purposes curiosity Of trade per-
s ns ss asS "sr an "ss 4" sssrs
voluntary emigration for these purposes They con.
G to Of ss sass Or Chinese
se ss ghsS orss or I s usa
citizen United citizens United
their free and voluntary consent respectiyoly.
n s As Ss ".sa ss's. Sssss
or exemptions in respect to travel or residence
subjects there the he Ss. Sy'd ns nation s%
sha enjoy the prresss
and exemptions in respect to travel or residence
favored nations But nothing herein contained shall be
20 Cn nor nna tho of China in &
United States.
SLAVERY PROVIDED AGAINST.
An examination OF these two articles in the light of
the experience then influential in suggest
ing their necessity will show that the
fifth article was framed in hostility to what seemed
the principal mischief to be guarded against-to
w.t. the introduction of Chinese laborers by methods
which should have the character of forced and
nrNi1n irnnn pfaftn and nnf ~ Vnr
emigration of freemen seeking our shores
upon motives and in manner consonant
and approved by the experience of the nation.
Unquestionaby the adhesion of the govern
ment of China to these liberal principles of
freedom in emigration. with which were
familiar and with which well
satisfied. was a great advance toward opening
that Empire to our civilization and religion, and
gave promise in the future OF greater and greater
practical results In the diffusion throughout
that great population of our arts and industries
manufactures, our material improvements
and the sentiments of government and religion
which seem to us so important to the welfare of
cans cam Doctrines of free % migration "' to Aen aud
earth r The second Clause in
reprobation of ''any other than entirely volun-
tary emigration by both the high contracting
whereby we secured the solemn and un-
qualified engagement on the part of the
government OF China "to pass laws making it penal
offence for citizen of the United States Chinese
subjects to take Chinese subjects either to
the the United states, states or ro,. to any other for.
consent" constitutes the great force and
value of this article. Its Importance, both in prin-
ciple and in its practical service toward our
protection against seryile importation in the
guise of emigration. cannot be overesti-
mated 1t commits the Chinese government to
active and efficient measures to suppress
this iniquitous system where those measures
most necessary and can be most eiectual. 1t gives
to this government the footing of treaty
right to such measures and the and
opportunity OF insisting upon their adop-
at their neglect The nth article therefore. if it
fall short of what the pressure OF later experience
of our Pacific States may urge the attention of this
to be in the right direction and to contain important
advantages which once relinquished cannot be
PROTECTION TO AMERICANS AND CHINESE.
The second topic which interested the two govern
ments. under the actual condition OF things.
adequate protection under the solemn and
definite guarantees OF treaty OF
the Chinese already in this country and those who
should seek our shores This was the object and
forms the subject OF the sixth article by whose
ciprocal engagement the czebs and subjects OF the
two governments respectively visiting residing
in the country of the other are secured the same
privileges immunities or exemptions there enjoyed
ton. The treaty OF 1858, TO which these
articles made supplemental, provides tor
person and property. for American citizens in China,
but II is upon this sixth article that
the main body Of the treaty rights and
securities of the Chinese already in this
country depends. Its abrogation the rest of
treaty left in force, would leave them to such
treatment as we should voluntarily accord them by
our laws and customs any treaty obligation would be
wanting restrain liberty oi action toward them
or to measure or sustain the right of the Chinese
government to complaint redress in their behalf.
The lapse of ten years since the negotiation of the
Burlingame Treaty has exhibited to the notice
OF the Chinese government. well
to people. the working of this
experiment of immigration in great numbers OF
Chinese laborers TO this country and their main
tinuance here of all the traits of race, religion,
manners and customs. habitation, mode OF li.e seq
regation here aud the keeping up OF the ties
OF Their original home which stamp them
strangers and soourners, and not incorporated
elements OF our national lite and growth. This
perence may naturally suggest the reconsideration
OF the subject as dealt with by the Burlln-
game Treaty, and may properly become the
occasion OF direct and circumspect
recognition in renewed negotiations of the Difficult.
ties surrounding this political and social problem.
II may well be that to the apprehension of the Chi
government. less than own,
HIN Inn nrov nf th.. 1lur